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Home My WebLink About2012-09-25~~i1~1 E IDIAN~-- CITY COUNCIL AMENDED IDAHO MEETING AGENDA Tuesday, September 25, 2012 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of July 11, 2012 City Council Special Budget Workshop Meeting B. Approve Minutes of August 21, 2012 City Council PreCouncil Special Budget Meeting C. Approve Minutes of September 4, 2012 City Council PreCouncil Meeting D. Approve Minutes of September 11, 2012 City Council PreCouncil Meeting E. Agreement for Professional Services with M.D. Willis for Stenographic Services F. Business Associate Agreement Between Ada County and the City of Meridian G. Blood Draw Agreement Between Ada County and the City of Meridian H. Contract for Records in Bulk with the Idaho Transportation Department for Motor Vehicle Registrations Meridian City Council Meeting Agenda -Tuesday, September 25, 2012 Page 1 of 4 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 46 hours prior to the public meeting. Contract for Records in Bulk with Idaho Transportation Department for Motor Vehicle Title Records 6. 7 J. Contract for Records in Bulk with Idaho Transportation Department for Commercial Vehicle Registration Information K. Professional Services Agreement between Idaho Division of Building Safety and City Of Meridian for Mechanical Plan Review and Inspection Services L. Professional Services Agreement between Idaho Division of Building Safety and City of Meridian for Electrical Plan Review and Inspection Services M. Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Plans Examiner Services N. Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Inspection Services O. Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Official Services P. Professional Services Agreement between Jackson Code Consultants, Inc. and City of Meridian for Fire Plan Review and Inspection Services Q. Professional Services Agreement between DMH Enterprises and City of Meridian for Plumbing Plan Review and Inspection Services Items Moved From Consent Agenda None Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update B. Community Development: Business Registry Update Meridian City Council Meeting Agenda- Tuesday, September 25, 2012 Page 2 of 4 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 Cily Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Action Items A. Continued from August 28, 2012: Public Hearing: PP 12-010 Mulberry Subdivision by Settlers Park, LLC Located Southwest Corner of N. Meridian Road and W. Ashby Drive Request: Preliminary Plat Approval Consisting of Five (5) Building Lots on 2.4 Acres of Land in an R-15 Zoning District Approved with Conditions B. Continued from August 28, 2012: Public Hearing: CUP 12-006 Mulberry Subdivision by Settlers Park, LLC Located at Southwest Corner of N. Meridian Road and W. Asby Drive Request: Conditional Use Permit Approval of aMulti-Family Development in an R-15 Zoning District Consisting of Thirty- Six (36) Residential Units on 2.4 Acres of Land Approved C. Public Hearing: VAC 12-004 Southeast Corner Marketplace by The Land Group No. 2 Located Southeast Corner of E. Ustick Road and N. Eagle Road Request: Vacate a Public Domestic Water and Sewer Easement Platted on Lots 10-12, Block 1 of Southeast Corner Marketplace Subdivision No. 2 (File FP 07- 020) Approved D. Public Hearing: SHP 12-003 Whitehawk Subdivision by GGR, LLC Located at 2134 E. Franklin Road Request: Short Plat Approval Consisting of Three (3) Building Lots on 2.11 Acres of Land in a C-G Zoning District Approved E. Public Hearing: TEC 12-009 Three Corners by Three Corners, LLC Located Southeast Corner of Chinden Boulevard and N. Locust Grove Road Request: Two (2) Year Time Extension on the Preliminary Plat for Three Corners Subdivision Approved F. Public Comment and First Reading of Ordinance No. 12-1528: Downtown Core Sidewalk Facility Standards Update - Proposed Draft Title 8, Chapter 1 Ordinance and Proposed City of Meridian Improvement Standards First Reading 9. Continued Department Reports A. Legal/Fire Departments: Collective Labor Agreement between City of Meridian and International Association of Fire Fighters, Local #4627, Meridian Chapter Approved Meridian City Council Meeting Agenda -Tuesday, September 25, 2012 Page 3 of 4 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 588-4433 al least 48 hours prior to the public meeting. 10. Ordinances A. Ordinance No. 12-1529: An Ordinance of the City of Meridian Amending Title 3, Chapter 2, Section 2; Title 3, Chapter 2, Section 3; Title 3, Chapter 2, Section 4, of the Meridian City Code, Relating to the Issuance of Licenses for Liquor by the Drink, Wine, and Beer Approved 11. Future Meeting Topics None Adjourned at 9:20 p.m. Meridian City Council Meeting Agenda -Tuesday, September 25, 2012 Page 4 of 4 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 Cily Clerk's Office at 888-4433 al least 48 hours prior to the public meeting. Meridian Citv Council September 25. 2012 A meeting of the Meridian City Council was called to order at 7:02 p.m., Tuesday, September 25, 2012, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, Keith Bird, and Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Jamie Leslie, Mark Niemeyer, Kyle Radek, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Okay. I would like to welcome you here tonight at the regular meeting of City Council. For the record it is Tuesday, September 25th. It's 7:00 p.m. We will start tonight's meeting with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry Woodard. He is with the Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us tonight, Larry. Bird: Thank you. It's always a pleasure to be here. Let's pray. Our dear Heavenly Father, I thank you for the leaders of our city. Recently I attended two funerals of people from Meridian and both of them indicated the reason they moved to this city was because it was a clean place and a friendly city to raise their families. I pray tonight that these fine leaders continue the legacy of good leadership. As I drive around the city now I see new construction and that means jobs and progress and I thank you for the planners and the building inspectors and decision makers that allows our city to continue to grow. Work is now beginning on Meridian Road and that will be a disruption for several months. I pray that we can -- the drivers will be attentive, the business Meridian City Council September 25, 2012 Page 2 of 46 owners will be calm and workers safe during this reconstruction period. I pray for our first responders, because they put their lives on the line for our safety and I pray for them and their families. Continue to watch over our children who are now back in school. Help us to keep them from prescription drugs, marijuana, bullying. May they look forward to school as they leave home each morning. Lastly tonight I pray for our young men and women who serve our country in the military. Keep them from harm and I pray that our foreign policies are proper and make sense. I pray that every decision made tonight will be in accordance with your will, in Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple of notes for tonight's agenda. Under 8-F that is Ordinance No. 12- 1528. And under 10-A that is Ordinance No. 12-1529. With those noted, Madam Mayor, I move adoption of the agenda as printed. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as printed. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approve Minutes of July 11, 2012 City Council Special Budget Workshop Meeting B. Approve Minutes of August 21, 2012 City Council PreCouncil Special Budget Meeting C. Approve Minutes of September 4, 2012 City Council PreCouncil Meeting D. Approve Minutes of September 11, 2012 City Council PreCouncil Meeting E. Agreement for Professional Services with M.D. Willis for Stenographic Services Meridian City Council September 25, 2012 Page 3 of 46 F. Business Associate Agreement Between Ada County and the City of Meridian G. Blood Draw Agreement Between Ada County and the City of Meridian H. Contract for Records in Bulk with the Idaho Transportation Department for Motor Vehicle Registrations Contract for Records in Bulk with Idaho Transportation Department for Motor Vehicle Title Records J. Contract for Records in Bulk with Idaho Transportation Department for Commercial Vehicle Registration Information K. Professional Services Agreement between Idaho Division of Building Safety and City Of Meridian for Mechanical Plan Review and Inspection Services L. Professional Services Agreement between Idaho Division of Building Safety and City of Meridian for Electrical Plan Review and Inspection Services M. Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Plans Examiner Services N. Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Inspection Services O. Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Official Services P. Professional Services Agreement between Jackson Code Consultants, Inc. and City of Meridian for Fire Plan Review and Inspection Services Q. Professional Services Agreement between DMH Enterprises and City of Meridian for Plumbing Plan Review and Inspection Services De Weerd: Item 5, Consent Agenda. Hoaglun: Madam Mayor? Meridian City Council September 25, 2012 Page 4 of 46 De Weerd: Mr. Hoaglun. Hoaglun: No -- nothing to add on the Consent Agenda, so I move approval of the Consent Agenda and the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update De Weerd: So we will move to Item No. 7 under Department Reports. We will start tonight's meeting with the Mayor's office. Our MYAC representative. Paige Carstensen is here to report to you. Paige is the vice-chair of the Mayor's Youth Advisory Council. Thank you for joining us, Paige. Carstensen: Madam Chair and Members of the Council. So we have had three exec meetings and two general meetings. For last night's general meeting we had about 60 in attendance. We have had two big events, the community block party -- well, that we have been a part of. Community block party and Celebrate My Drive. We have established our subcommittees and nothing in the .subcommittees really except planning. And we have had two speakers come in. De Weerd: So, thank you, Paige. Council, the youth council has just got up and going and I know that Councilman Bird stopped by after our first informational meeting where Kendall, our chair, had kicked everything off and we had 120 youth in attendance and probably about 30 parents and we were really appreciative of the parents being here to see what their youth might be engaged in. I know that we received a number of notices from some of those parents and kids that couldn't be at the first meeting, but as Paige mentioned, we had about 60 in attendance last night and got kicked off in good fashion. So, any questions for Paige? Meridian City Council September 25, 2012 Page 5 of 46 Hoaglun: Madam Mayor? De Weerd: Yes. Hoaglun: Paige, just curious. What -- are there -- do you see any themes that they would like to work on in the coming year, anything starting to emerge yet or is it too soon to tell in the process? Carstensen: Nothing too big yet. We have had a few talks about maybe changing our dinner auction this year to more something else. We are not exactly sure yet, but we have ideas. Hoaglun: Madam Mayor and Paige, follow up on that. But you would still -- it would still be a fundraiser and money going to something you choose in the community, some nonprofit or something like that? Great. Well, good luck with that. De Weerd: There is the three subcommittees of government affairs, community service and teen activities council, they all met for their first meetings, just tossed around ideas. They will be coming back and discussing them further at our next meeting. They meet twice a month, the second and fourth Mondays of each month and they will start firming up the. direction for the coming year.. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba I just want to comment the previous years MYAC has increasingly set the bar higher and higher and I look forward to the contributions that you're all going to make this year. I think you have some wonderful opportunities and I'm looking forward to what you do. Carstensen: Thank you. De Weerd: Well, I will tell you we have a new set of officers and they kicked off the summer attending the Association of Idaho Cities youth conference and quickly became leaders there and it was really nice to see how they melded as a group as well. So, I'm excited with our leadership, with the creative ideas that they have had, and certainly would like to recognize Ken Corder for his role that he's played. He, too, was new, as are all of our officers. None of them were involved at the executive council level, but they were all involved on the youth council and I'm really excited to see what they create in the year ahead. So, thank you for joining us, Paige. B. Community Development: Business Registry Update De Weerd: Item 7-B is our community development administrator or our community economic development administrator. Hi, Brenda. Meridian Cily Council September 25, 2012 Page 6 of 46 Sherwood: Hi. Madam Mayor, Members of the Council. Tonight I see you have a full plate tonight, so I'm just going to take a couple moments. When I gave you my economic development update we talked about moving forward with a business registry. What you're receiving right now is a copy of the proposed application and the other one is a timeline, so that you're aware of the activities that I'm going to be going through between now and when we reconvene again on November 13th. So, I just wanted to point out a few things. Number one on the registration form you will see we tried to keep it as unobtrusive as possible. The second page we do have a part that, of course, we said was one of the very important pieces and that was making sure that our public safety officials and responders were actually kept safe and so, therefore, we want to make sure that we have data sheets that will tell them if there are any hazardous materials and there will be a link on this electronically so that they can check those off. Now, this does not mean -- and I want to reiterate this -- this does not mean that once they check that box it gets shot over to fire. What it means is that we are going to put this information into Accella and pull out that information, but more importantly when they show up at a fire or an emergency situation it will tell that there is hazardous materials there and that will be something that will go into our Accella and, then, go into their system. Also you will see that one of the important things that both police and fire asked us was to make sure that we had emergency contact numbers. So, oftentimes they have, gotten to an emergency situation and cannot get into the building or they are just not sure what's on the premises. So, you will see that on there as well. So, that's something I wanted to point out to you. This is proposed and I welcome your feedback. You have a chance to take a look at it and between now and the 13th we can have those discussions. Another piece that I wanted to point out -- I gave you a little planner for the next couple of months. We are conducting the focus groups right now. We have already started with the chamber and this next week we will have a sit down chamber focus group with our economic development committee. And so we will be digging into this application, what are their concerns, and developing those questions that everyone will have. In addition to that we will also be presenting this to the Core. The Meridian Economy Development Council. And we have also started scheduling some one-on- one meetings with industrial companies, because we want to make sure that we are getting a decent cross-section of all the companies that are here in Meridian. So -- and I will send you out a list of those dates. I encourage you to come join us during these -- these different focus groups. So, any other questions that you might have. We will come back on November 13th. I will give you all the findings that I will be gathering and give you a report with Ann Neville Roberts and so here is where we stand at this point. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. And I know that Brenda, after her initial discussion at the beginning of the month, said she would come back to you with a time frame and what her outreach would be. So, that's why we had her back on the agenda so soon after being here in Meridian City Council September 25, 2072 Page 7 of 46 front of you, but if you have any questions -- if you don't have them tonight, but if you do come up with suggestions or ideas or concerns, please, feel to contact Brenda directly. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree Rountree: The town hall type meeting you indicate for October, will that be in City Hall or -- Sherwood: Yes, it will be. Rountree: -- with the chamber? Sherwood: And I will shoot you the list of all those meetings, so that you can attend. Rountree: Thank you. Sherwood: Sure. Hoaglun: Madam Mayor, I did have a question for Brenda and that -- what are we looking at costwise for developing this? I mean are we -- do we have all the finance software, IT Department cost, as well as your part of the cost included in this? Sherwood: What we are still looking at is what it would cost to implement the program through the city clerk's office. However, the application is done. Accella of course you know has been implemented through planning, so they right now are putting that information together. So, at this point it will be just one additional person to kind of go through this program, make sure that all the information is entered into the system. Hoaglun: Okay. Thank you. Sherwood: Sure. De Weerd: Okay. Is there anything further from Council? Bird: I have none. Rountree: I have nothing. De Weerd: Thank you, Brenda. Sherwood: Madam Mayor, Members of the Council, thank you very much. Meridian City Council September 25, 2012 Page 8 of 46 Item 8: Action Items A. Continued from August 28, 2012: Public Hearing: PP 12-010 Mulberry Subdivision by Settlers Park, LLC Located Southwest Corner of N. Meridian Road and W. Ashby Drive Request: Preliminary Plat Approval Consisting of Five (5) Building Lots on 2.4 Acres of Land in an R-15 Zoning District Approved with Conditions B. Continued from August 28, 2012: Public Hearing: CUP 12-006 Mulberry Subdivision by Settlers Park, LLC Located at Southwest Corner of N. Meridian Road and W. Asby Drive Request: Conditional Use Permit Approval of aMulti-Family Development in an R-15 Zoning District Consisting of Thirty- Six (36) Residential Units on 2.4 Acres of Land De Weerd: Okay. We are on Item 8 under Action Items. Items 8-A and B are continued from August 28th on public -- on their public hearings for PP 12-010 and CUP 12-006. Council, you continued this specifically for staff to come back with answers that you had brought up at that time, so I will turn this over to staff for the information you sought. Parsons: Thank you, Madam Mayor, Members of the Council. Madam Mayor stated that correctly. Your direction was given to actually the Legal Department to come back and render a decision for you on the applicability of the rezone and the DA on this site. But I did want to let Council know that there has been some additional public testimony that we received and that should be in your packet this evening and taken under advisement as well. At this time I will just go ahead and turn it over to Mr. Nary and have him advise you on what his findings were. De Weerd: Thank you, Bill. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. At your last meeting what you asked for specifically was a couple of legal questions to be answered. The first was whether or not the original development agreement that was put into place was the application for Cedar Springs back in the -- the original application back in 2000 and was ultimately approved by the City Council in 2002 with a development agreement. The property was zoned R-4 at that time. It was approximately a little over a hundred acres, 264 building lots, 31 other lots at the time R-4 zoning is the residential for single family residential development. That was what was included in the development agreement in 2000, ultimately again in 2002 was when it was signed. In that development agreement there was some language about the single family residential development that was mandated by the development and of any changes, modifications, or amendments to that agreement were done the method in which that had to be accomplished and that was, basically, a public hearing process that would have to be done before any modification could be done. So, then, in -- so, the question Meridian City Council September 25, 2012 Page 9 of 46 on whether or not it's applicable to this parcel now, the answer is, no, it's not and the reason it's not is because of the modification that was done in 2004. So, in 2004 a request was made by an applicant, the owner, to develop one portion of this property and that property is what's in front of you now as Mulberry and that was -- at the time was called Cedar Springs Place and the application was to develop that particular parcel as an assisted living center. So, after public hearing and notice was done a public hearing was held and the City Council then in 2004 -- actually, it was also January of '05 when it was finally approved and signed, but the City Council after holding the public hearings granted the application to rezone the property from R-4 to R- 15. That, essentially, superseded any of the additional requirements, then, of the existing development agreement and it was modified pursuant to the terms of the development agreement that was in place. No amendment to the development agreement was done, but it's not required either in a rezone or in a -- even in an initial application to ever do a development agreement. So, it wasn't done at the time. It wasn't required to be done, but it wasn't done regardless. But the rezone was approved with a conditional use permit. So, the conditional use permit had a time period in which to effectuate its development. It has an 18 month requirement. There is a two year development to -- or two year requirement on rezones to begin development. A time extension was done later, but that's not really was the question in front of you and that's not really relevant to this. The rezone was done, the ordinance was approved, no application for appeal or any issue on notice or opportunity to be heard ,was brought forward, so the rezone was completed in 2005 and an R-15 zone was then attached to this parcel. So, then, what's in front of you now is merely the property that's in front of you with an R-15 designation. So, the property has the ability to develop with whatever is allowed under our current Uniform Development Code for an R-15 with whatever conditions are necessary to make it compatible with the surrounding neighborhood and that's what's really in front of you now is whether -- the issue is not before you on whether to approve or deny this application. The issue in front of you is whether or not a conditional use permit is necessary and what conditions are necessary to make it compatible with the surrounding neighborhood. So, there isn't a -- there isn't a decision for you today on whether to approve or deny the application, it's whether -- what conditions are necessary or appropriate to make it compatible with the surrounding neighborhood. The other question was brought forward has been raised in some of the public testimony in the last hearing was whether or not the notice was done properly in 2004. If you recall. If you recall even then I had advised you was that, again, there was a finding made in this public hearing in 2004 that all the noticing was done properly. You have as part of your packets the addressing sheets and such that were provided at the time. There was an affidavit by the developer that all the noticing was done. As you all know, noticing is done in three forms. Noticing is done by notification -- is done by notification on the property itself, notification in the newspaper, and by mailed notices to property owners within 300 feet of the boundaries of this parcel. In 2004 that was all done. There was some question by some of these people testifying in the prior hearing that they may have lived within that space within 300 feet and may or may not have received notice in 2004. That's a settled issue at this particular juncture. No court is going to overturn that issue. If there was a concern that notice wasn't properly done it would have had to have been raised in the appropriate time to appeal this issue back in Meridian City Council September 25, 2012 Page 10 of 46 2000 -- ultimately 2005. So, after the -- after the decision was done and the ordinance was approved, there was a period of time in which to appeal that decision of the City Council. No appeal was done. Therefore, the zoning is done and is complete and there is no reversal of that zoning that's available to this Council at this point. All that you have, then, is an R-15 zone. R-15 zones have some very limited allowed uses and R- 15 for most of the uses in there, which this was one of them on these multi-family developments -- require conditional use permits and that's what's in front of you now. So, there isn't any decision point on the approval or denial, it is really on the conditions that we did hear testimony at the last one on the conditions that are being required, including maintenance and the requirements on landscaping, all the other things that our code requires for this development to be completed. Again, there isn't an issue on default, there isn't any issue that the development agreement doesn't apply or, excuse me, there isn't an issue that we can apply the standards of the 2002 development agreement, because that was superseded by the rezone action in 2004. So, if you have any other questions I can answer them for you. De Weerd: Council, do you have questions for our attorney? Bird: I have none. De Weerd; Council, I .know you continued, the public hearing for specific items, but, I would like to offer the opportunity if someone did not get an opportunity to express an opinion at that time if they have new information to share to open it up for that before you close the public hearing. Would you be open to that? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would agree to that. If they didn't have the opportunity to testify at the last meeting to go ahead. I'd love to hear something new, but if they weren't at the last meeting they don't know what was said, but if -- hearing the explanation of the city attorney of what we are looking at, that this is regarding the conditional use -- excuse me -- it's catching, Councilman Bird. We -- so we are very limited in our scope, because I know in some of the written testimony people want us to revert the zoning back to where it was. That is not within our purview. That we cannot do legally. But I would say if someone was not at the last meeting or if they were and did not speak, to allow them to speak and hear their thoughts on this, so -- De Weerd: Okay. I do again have a sheet that shows those that are in opposition and we appreciate you signing in and showing again for the public record your position. I would also invite anyone who did not have an opportunity to testimony at our last meeting in August to -- if you would like share any testimony at this time to please come forward. It will be part of the record, but I would just ask that those that would like to provide testimony at this time to come forward. Otherwise, I will ask Madam Clerk to Meridian City Council September 25, 2012 Page 11 of 46 just read these names into the record with the stated mark for or against or neutral Okay. Good evening. If you will, please, state your name and address for the record. Morrow: My name is Ann Morrow. My address is 3787 North Alexis Way in Meridian De Weerd: Thank you, Ann. Morrow: I was at the last meeting, but I didn't say anything, because I had never been here before, but the thing that I think that needs to be considered -- we bought our house three and a half years ago, so the subdivision was pretty much developed at that point, but we noticed this piece that looked like part of the park to us and we wondered why it wasn't developed as part of the park. We didn't realize and hadn't really asked any questions about that, but it looks like it should be part of the park and that's what we thought it was and we were wondering why they didn't use it for parking, which was, obvious, something that's a problem there and with the development of Ustick and Meridian Road, if those are widened -- I don't know if any of you have been by when there has been events going on there, cars line both sides of Meridian and at least one side of Ustick, because there is no parking and so to me it seems like that piece of land would be very well used as parking for the park and it would look like it belonged there, rather than having a piece of land that has buildings on it that don't even go with the buildings around it, and it would be good to be with the park. It looks like it's part of the park. We thought it was part of the park, but we didn't know why it wasn't developed. It would solve part of the parking problem even now, even before those two roads are widened and provide quite a bit more parking. You can see on here where the parking is and that would add, really, quite a lot of parking to and it would help that a lot. The thing I was thinking of is the city, obviously, cannot probably have the money to buy that property. That's probably -- I don't have no idea what it's worth, but I'm sure that the city, like everybody else, is under constraints of that type of thing. But I was wondering if there might possibly be a piece of land that this city owned someplace else that would be more suitable for this kind of development and that it could possibly be traded in a way so that this property could be part of the park and that they could do their development in another area that would be more suitable for this kind of building. De Weerd: And I'll just respond we did look at that piece at one time for parking and it was too expensive for the city. We are putting in parking just to the west of the ball fields for additional parking issues and we have worked with the school district and in partnership in getting that done, along with the Police Activities League and Meridian Youth Baseball. So, we have found a solution to some of the parking challenges. Morrow: And west of there is good parking places, especially for that side of the park, but I would say that probably most people who are involved in the east part of the park will probably still park along Meridian and Ustick to get to the activities that they are attending there. De Weerd: Yeah. And I have certainly been in the park and driven by the park and there are empty spots that they could be parking in, but it's closer to whatever activity Meridian City Council September 25, 2012 Page 12 of 46 that they are trying to go to and, unfortunately, we can't quite get people to do what we think they should do, they do kind of what they want to do. But thank you for your testimony. Morrow: And this would be given in an area where there isn't parking right now. De Weerd: Thank you. Morrow: Thank you. De Weerd: Additional testimony? Yes, sir. Please come forward. And, Madam Clerk, I will ask you to -- after this to read those into the record. If you will, please, state your name and address for the record. Smith: Yeah. My name is Eric Smith and I live at 3635 North Staunton Place in Meridian and I have a question. Has everyone here already made up their mind as to the outcome of this meeting? I'd like to ask you that right now. De Weerd: Mr. -- Smith: So we know where we are at. Please. Have you made up your mind? De Weerd: Mr. Smith, they don't come with a mind made up. Smith: Really. When we were here -- De Weerd: Mr. Smith, I did ask for those that did not provide testimony and you did. Smith: I'm not making reference to testimony. I'm asking you -- it seems to me -- it appears like the last zoning meeting that we had at that meeting I sat here and Joe Marshall sat right there and he was shaking his head up and down to everything I was saying like he agreed with everything that I was saying. You were here. You remember. And I thought, well, I'm making some headway here. I'm hoping that somebody is hearing me and with what I'm saying is being understood as a community member speaking of my side of things and at the end of our conversation he ridiculed me and said that I was being discriminatory. He pointed at everyone in this room -- all these community members here that have something to say and it has to do with our CC&Rs. We were made a promise on our CC&Rs by the same gentleman who wants to take and develop this property and I have been asking all along if everyone has a copy of these CC&Rs that makes reference to single family, business, schools -- not necessarily in that order. Everything has to do with Exhibit C. Are we allowed to speak on Exhibit C. I know that our gentleman Mr. Nary -- excuse me -- Mr. Nary made reference to us that this had nothing to do with you guys. De Weerd: Mr. Smith Meridian City Council September 25, 2012 Page 13 of 46 Smith: But -- De Weerd: I'm sorry to interrupt you. Smith: Yes, please. De Weerd: But we are taking testimony on the application. We answered that question on August 28th. The CC&Rs are between the residents and the developer and they become a document that we don't see. This is a civil issue. It's not a city issue. Smith: Not when the same gentleman that's building on this property with the City of Meridian has a prior commitment with us in writing that -- De Weerd: Sir -- Smith: You guys are stepping over us. De Weerd: Sir, no. That is between you and your developer. We are not part of that agreement. Smith: You are part of it. De Weerd: I'm sorry, we are not, and I think we are going to have to agree to disagree, but -- Smith: And I'm familiar with that. De Weerd: Thank you for your time and I will ask you to sit down. Smith: All I can say is I really appreciate the subtlety while we shut up here and. that last part I agree with -- I think we all agree with -- with liberty and justice for all. Thank you very much. I hope you have a nice evening. I hope you make the right decision. Thank you. De Weerd: Thank you. Is there anyone else who would like to be heard? Good evening. If you will, please, state your name and address for the record. Coffey: Yes. My name is Lynn Coffey. I live at 3883 North Baron Way, Meridian. De Weerd: Thank you. Coffey: Thank you. We bought our home in 2004. At that time the paperwork, you know, from the CC&Rs, Exhibit C, we were talking about, which I know you have not had anything to do with, and as stated that that area would be a possible business lot in phase four. We were told it would be a senior community center and after the public hearing on August 28th, 2012, my wife asked the developer what happened to the Meridian City Council September 25, 2012 Page 14 of 46 senior community project. She was told there was not a need for it, since one was built at the corner of Ustick and Meridian Road. What was the delay for the developer to build that senior community when the R-15 zone was granted? Don't know. There is a large apartment community almost completed at Venable and Ustick, one block from the park. It will definitely impact the traffic on the surface roads and in our Cedar Springs neighborhood. My question is is there a real need for that apartment, since there was no need for the senior center that was already being built, is there going to be a need for these apartments since we already have one being built? I don't think so. .The neighbors and I are not against apartments, okay? We have lived in one for many years. My daughter has managed property for 18 years and some of our friends live there now. So, we are not against them. My last one, Ada County assessments show that I pay approximately 1,100 dollars in taxes. If you times that by the Cedar Springs 250 homes Meridian gets about 275,000 dollars and that's just a conservative estimate. Do these taxes from our -- this apartment community outweigh that of the 250 homeowners? I think we need a very good voice in this, a bigger voice, because we are paying an awful lot more. Our confidence in the city officials are beginning to diminish, because we have been given -- or led around here and there and everywhere else and I don't like it. We are asking our neighborhood, you know, to be nice, safe, and no apartments. Thank you. De Weerd: ,Thank you, sir. Okay. Anyone else want to provide testimony? Hi. Wilson: Hi. De Weerd: If you will, please, state your name and address for the record. Wilson: My name is Robert Wilson. I live at 3826 North Greenwich Way in Meridian De Weerd: Thank you. Wilson: In Cedar Springs Subdivision. My only concern was like the gentleman earlier spoke about the apartment complex that's currently being built on Venable and Ustick. You know, I just think, you know, the last thing we would really want to do is inundate this area with a bunch of apartment complexes. That's just pretty much my main concern. I don't know -- I know they are putting in over a hundred units in that area and it looks like that may be just phase one. De Weerd: Thank you. Wilson: You're aware of that? De Weerd: Yes. Okay. Any further testimony? Yes, sir. Brumfield: My name is Brian Brumfield. I live at 3916 North Greenwich Way in Cedar Springs Subdivision. Meridian City Council September 25, 2012 Page 15 of 46 De Weerd: Thank you. Brumfield: What I'm going to be talking about is what you have already heard plenty I'm sure, but I want to just reiterate some of the issues as well. I have lived in the subdivision since 2004 and it was my understanding that it was going to be an assisted living center and -- at least that's what our hope was. We -- you know, we enjoy the area. We love the park. We have a family and we take full advantage of that. The concern that I have is with the parking situation that we have now. I don't know if you have gone by recently, but this last Saturday flag football is in session and Meridian Road was completely lined, both sides of the road, and Ashby, the entrance into Cedar Springs Subdivision as well. And we have baseball games and that trickles into Ashton into the main entrance as well and over the course of the summer I have been taking pictures and I have been following through that and just this evening there were baseball games occurring as well and both parking lots on Meridian and on Ustick were completely wide open, but there is still cars parking on Ashton and so by expanding out this apartment complex that's going to bring more traffic. It's going to bring 36 units, which is going to have more than 36 cars and so the traffic coming in through there is going to be much more of a problem. As I drove through there multiple times during the summer along Ashby -- or on Ashton and Ashby cars were on both sides of the street picking up parking out of people's homes on the residential side and parking right at the intersections right on the corners of the intersections. Kids are running around. There is -- there is issues there and I know that this has been an issue that has come up several times on the parking in our subdivision. Another proposal is to put a temporary parking spot to the west and as we have stated before, there is still people that -- with the parking lots empty or not to capacity there is still parking in our subdivision and they are still moving up into Ashby and Ashton and it's -- it's getting temporary to where it's going to be quite dangerous and, you know, like I stated, there is not a lot new that I'm stating here, but it's definitely a concern that we all have and we want to keep -- keep our neighborhood to where it's safe for our family and for our children. Thank you. De Weerd: Thank you. Okay. Any further testimony? Yes, ma'am. You will need to come upfront. If you can, please, state your name and address for the record. Nowaski: Judy Nowaski. 670 West Ashby Drive. Wasn't planning on speaking, but addressing the -- De Weerd: Okay. Nowaski: One question here, I believe something that Mr. Nary -- Nary mentioned. You mentioned that there was like -- I think it was an 18 month time table in which to act on the proposal and I don't know -- I'm not wording it properly, but I was not wording it properly, but I was curious -- it didn't sound like it was after the problems within the amount of time, so I was curious about that. De Weerd: Okay. And I will ask them for clarity on that. Meridian City Council September 25, 2012 Page 16 of 46 Nowaski: Also just like everybody else has been saying about the traffic, I just wanted to know if someone -- you know, if a child has to get run over before this becomes a serious enough issue to reconsider. And that would sure be a shame. And whoever made the decision to before -- I don't know if they are still in office, but I would imagine a lot of people would like to know what those names are. We have the next elections come up. De Weerd: Okay. Ma'am, I guess I just want to clarity on -- the traffic situation with the parking on both sides of Meridian Road, we have addressed that. There will be signs that go up with no parking and our police are going to have to enforce that and so -- Nowaski: So where do those cars park then? De Weerd: In the parking lot. As he mentioned, most of the time the parking lot has parking available, but people are going to park closer to where they want to go and we found that on Ustick in particular as they were trying to park close to the field where their kids are playing so we did work with Ada County Highway District and got that signed and now we will be ticketing. Nowaski: One other thing that was mentioned was that you had talked with the school for the property that's down basically Venable and that. property that was supposed to be legislated for a school, my understanding is that you're going to try to use that for parking in the meantime, is that what I was hearing? De Weerd: Yes, ma'am. Nowaski: So, that's supposed to be a temporary fix, then, because eventually the school with still go in; is that correct? De Weerd: It is temporary until the school is built and, then, we will be using their parking lot. Nowaski: Okay. But still there will be overtlow. They will still be up and down the streets where children go -- will get run over. De Weerd: You know, it connects to the park, so -- Nowaski: Yeah. But that won't be enough still is what I'm saying. The park is growing -- or, you know, the usage I should say is growing and it's just mind boggling how many -- I can't even get out hardly from Ashby and Venable on the weekends. I have actually had friends come and ask if they can park in my driveway, because there is no parking over there. I believe it would be a shame to wait until a child is hit to take it seriously. De Weerd: We agree and that's why the signage has gone up, why our enforcement will be out there making sure people are parked where they are legally parked and we are adding 30 spots in the park itself and we are adding -- I don't recall how many in the Meridian Cily Council September 25, 2012 Page 17 of 46 temporary situation, but when the school is built certainly will add a lot more in addition to that. Nowaski: And it will drive them further into the subdivision though, parking up and down the streets there. De Weerd: We have worked with your HOA and there were options available to them if they got enough signatures to -- to have all of the residents agree and I think there was a stymied on that. We have tried working as part of that parking issue and continue to be willing to work with the neighborhood on that. Nowaski: Well, I agree with the other woman that said aparking -- a parking garage would be much better suited. De Weerd: Sir, I'm sorry, but you're being disrespectful. Someone is at the microphone. If you can, please, keep your comments to yourself. I'm sorry. Nowaski: Thank you. De Weerd: Yes, sir. You will need to put it on -- they have the last word and so certainly -- that is the protocol. If you can, please, state your name and address for the record. Hadley: Sure. My name is Ethan Hadley. I live at 706 West Ashby Drive in Meridian. De Weerd: Thank you. Hadley: I don't have a lot more to add. I was not at the last meeting, so I don't know what testimony has been given. They are all beating the parking horse to death. I personally want to say that -- you know, we talked about temporary parking. The lot is temporary, no matter how permanent you want to make it, it's temporary. I'm not going to beat that anymore. Another thing I want to add is it makes it really difficult if we in our subdivision try to have a neighborhood watch for people coming and going, it's virtually impossible to do that. So if we wanted to have anything like that I don't know how you would tell who belongs there and who doesn't with all the transients all the time. But mostly the question is where this is. In the last meeting -- the last meeting I attended was the Planning and Zoning meeting and it was brought up by Planning and Zoning that the reason why there is a road between the park and the houses is because Planning and Zoning felt it was inappropriate to put housing right up against the park and so my question for them, which was never answered, is why -- if it wasn't appropriate then to have housing up against the park, why is it deemed and it was passed by Planning and Zoning that it's okay to suddenly put multi-family up against the park. No one was able to answer that question and yet it was passed through. I would like to see some sort of consistency at least in the ruling. That road there has created probably most of the problems with the parking, its very existence. If the houses had been up against it it wouldn't be a problem with parking along there and I don't know Meridian City Council September 25, 2012 Page 18 of 46 which is more nice or less, the multi-family or homes which are fenced off. You know, that's -- it tough for somebody else to be. But I would like to see consistency in the ruling of the city, whether it be appropriate or not. I also have a question regarding where we are at in this process. You mentioned it would be closed for public opinion, although this is specifically about the issue for zoning, if I understood correctly earlier. In very small scope. And that the ruling would be made whether or not the apartment was going to go in tonight. Is that correct? De Weerd: No. It was -- the public hearing was continued -- Hadley: Right. And we have to come back for public comment; is that correct? De Weerd: Unless Council needs further information from the staff that's not available tonight. Hadley: Okay. Well, then, I'm glad I took this opportunity to speak. I would like you to look into that at least, find out why it was inappropriate before, suddenly now it's been approved that it's right up against the park. I think personally that's a huge mistake and I wish that -- you know, I can't speak for everybody else, but I feel let down by you. I feel let down by the city. Igo through the park and pass my house and there is cars -- I feel like they are catering to the group of people who, as J look at parking. and. license plates, more than half of them are outside of even the county with 2C plates and your comment earlier -- I will finish up real quick -- the comment earlier that people are going to do what you they want to do, well, that's a ridiculous argument. That's why we have ordinances and that's why we make laws to keep people from doing what they just want to do. So, I would consider thinking of something to do rather than doing nothing. Thank you. De Weerd: Well, sir, I guess I would respond to that. It's not illegal to park on public streets and, like I said, we have worked with your HOA and we have tried to address the parking situation. When I talk about temporary parking going in to the west of the ball fields, it could be there for ten years. The school says that it's going to be a time away before they build that school. That's why we are investing in the temporary parking lot at that time. We have felt they have said that we can use the parking at that time, too, which would be even a larger lot. So, we -- we take it serious and our kids' safety is currently top of mind and to also share with you on why there is a road that surrounds the park, it's for the safety of the park, so the police can look in and make sure that that park is not having illegal activities going in. When your backyard is backed up to it they don't have that vision corridor. This corner in question still will allow a vision corridor -- or avision corridor along that whether it was the assisted housing or whatever is there, the police will still have a vision corridor to look into the park and I just hope I addressed the questions that you raised, but I will assure you public safety is first and foremost on our minds and it is our top priority. So, to suggest otherwise is inappropriate. Hennings: Good evening. My name is Craig Hennings. I live at 3775 North Price Way in Meridian. Meridian City Council September 25, 2012 Page 19 of 46 De Weerd: Craig, thank you Hennings: Thank you very much. Everybody that has spoken before me tonight has brought up extraordinarily valid concerns and I think they should not go unnoticed. What I would like to do is actually to present perhaps with a different perspective from a historical fact. We moved here three years ago from a small town in southwest Washington and we moved here in 2009. But back in 2004 we had a new build -- a brand new subdivision and we had very high hopes for this place. It was a great planned community, but through really poor vision on the part of the city they followed the other plan which was very poorly maintained and as a result they actually saw many different sort of high residency apartment complexes go in and you also saw, basically, a decrease in city's revenues and during the same time this also taxed the community. You had higher crime and you had -- and they had a need for greater police and fire department, which the city could not afford and so while we are looking into the future and while we are talking about what could be, I can tell you that this plan that we have here doesn't fit. It doesn't make sense. It doesn't work. And it really is a detriment to the community. So, a lot of the concerns that people are bringing up I believe are valid and this is from a very personal experience that we had three, four, five years ago. So, that's all I wanted to say and thank you very much. De Weerd: Thank you, Craig. Any additional testimony? Okay. Would the developer like to offer closing remarks? Zaremba: Madam Mayor, if I may make a comment while she's on her way up here De Weerd: Mr. Zaremba. Zaremba: Staff referenced that we have received some comments in writing and I know they will be part of the public record, but I just wanted to comment that one of them was from Curtis Hatten, which we have read, and another from Mr. and Mrs. Martin and Margo Komoroski and, actually, in that one they reference a separate communication that came from a Mr. Kibbler referring to some requirements that would apply to federal projects and I don't know whether we need a comment from our attorney or not, but I would believe that there is no federal involvement in this project, so none of that would apply. But I just wanted to read into the record who we have gotten comments from. De Weerd: Thank you, Mr. Zaremba. And, Madam Clerk, will you, please, read the names off the sign-up sheet and what they marked. Holman: Thank you. I'll do my best to read the names and I apologize if I don't get your name correct. Shari Stiles signed up for. Lynn Coffey against. Erlene Coffey against. Margo Komoroski against. Ann Morrow against. William Herbert against. Barbara Herbert against. Augusta McGowen Haw against. Harold Greenoff against. Wendy Barbor against. Marcelle Bujoroski against. Kim Lukes against. Mark Lukes against. Joy Smith against. Eric Smith against. Brian Warren for. Cynthia Stucker against. And Meridian City Council September 25, 2012 Page 20 of 46 I can't -- it looks like it might say Craig possibly -- it looks like it starts with a Y. Against. Patricia Turner against. Judy Nowaski against. And I can't read this first name. It looks like an S for the first name and it starts with a D for the second name. Against. Chuck Hurling against. Judith Clark against. Pat Arnold against. Robert Wilson against. Jennifer Anderson against. Ethan Hadley against. Ryan Brumfield against. And Janet Lange against. De Weerd: Thank you, Madam Clerk. If you will, please, state your name and address for the record. Nelson: Madam Mayor, Members of the City Council, thank you. My name is Deborah Nelson, I'm an attorney with Givens Pursley and I'm here on behalf of the applicant and owner of Settlers Park, LLC, who purchased the property earlier this year. I think you have already heard a lot of testimony from the applicant and so my intention is not to repeat that or even to address additional testimony that's been provided tonight, unless you have questions or have anything you would like me to address. I just have one quick comment I'd like to make and that is that in light of the comments from your city attorney Mr. Nary, we would asked that the second portion of one of the conditions of approval 1.1.1 be struck where it had previously required compliance with the same development agreement that your city attorney has advised was superseded by the R- 15 zoning in 2004. So, thats our only request at this time. De Weerd: Council, do you have questions for the applicant? Nelson: Thank you. De Weerd: Thank you. Staff, any further questions or comments? Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, I just wanted to answer the one question that was raised was about the -- what the 18 months mean and you asked for a clarification. De Weerd: Thank you. Nary: So, when a conditional use permit is issued, as it was in 2004, on the assisted living that was requested at the time, there is a time period in our code as to when you need to effectuate completion or, excuse me, begins that process and allows, obviously, for phasing of developments and you occasionally -- I think you have -- just for the public's -- I guess purpose you have occasionally on your agenda like you do tonight time extensions for those types of developments, because of a variety of reasons. So -- but once the time period is completed if no time extension is granted, then, their ability to build that particular project that was approved no longer exists without a new hearing. Meridian City Council September 25, 2012 Page 21 of 46 So, even if an assisted living wanted to be built there, if that's what the applicant was asking for, it would still require a new conditional use. It would still have a public hearing like you're having now, nothing would have changed, it simply would be a different use that's allowed in this R-15 zone that requires a conditional use permit process be done prior to approval. So, the time period had expired for the prior application. So, that's done. If they wanted to build something else which is what you have in front of you it requires, then, a majority of the uses in the R-15 all require conditional use permits. So, it's just to clarify there is just a time period in which to do that project. If it's not done within that time or no time extension is granted their ability to build that without another public hearing and approval process is, then, required and that's what you have in front of you, so -- De Weerd: Thank you, Mr. Nary. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Hopefully I don't confuse it, but I would add to that clarification that what does expire is the conditional use permit, which applies to what building will be built there. The annexation and the zoning and rezoning that happened. here never expires. That's forever. Nary: Thank you, Madam Mayor, Members of the Council. Council Member Zaremba, you're absolutely right. Once the zone is done an ordinance is passed the zone doesn't change. So, the ability to build a particular type of development may expire, but you're correct, the zone won't change and what's allowed on that zone is simply what's involved in the code at the time they request it. Zaremba: Thank you. Hoaglun: Madam Mayor, I have a question I think for planning staff and at the last hearing we had on this someone raised a good point and they say, you know, this project comes in, it's a great looking development now, but, you know, down the road if it gets sold or there is a new owner and maybe they don't keep things up as well, how do we -- how do we make sure that it stays -- if it's a nice development to begin with, that it remains a nice development and I think that's a legitimate question and I think we have maintenance agreements that go with this, how do we make sure that that maintenance agreement -- I think it might be part of our Uniform Development Code we require that, that it be attached to the -- to the land, but refresh my memory on that if you could. Friedman: Sure. Madam Mayor, Members of the Council, Council Member Hoaglun, you're right, we have requirements for maintenance agreements and, of course, when we get multiple unit developments like this, particularly when you have a plat involved, so if the Council does approve this project with a preliminary plat you will end up with Meridian City Council September 25, 2012 Page 22 of 46 some of these buildings on separate lots. One of the conditions is the requirement that there be a single maintenance entity for all the buildings there, so that there will be sort of a master association, if you will. How we insure that goes on through time, of course, they have to present a copy of the agreement to the city with their certificate of zoning compliance and that's prima facie evidence for us that they have at least engaged somebody. It's like any other property in the city, if we start noticing a decline in the quality of that or we start seeing weeds or something like that, we rely on not only the UDC, but whatever our nuisance ordinances are that are -- that are enforced by the code enforcement arm of the police department. So, it's just a matter of, you know, staying vigilant on -- you know, we have had issues with a lot of these abandoned subdivisions also, so -- Hoaglun: And Madam Mayor and Pete -- and so if a citizen sees something and they complain, then, that goes to our code enforcement, they can follow up and make sure that issue is taken care of. So it's not -- they don't just rely on us looking at it, but they can be the eyes for the city as well; is that correct? Friedman: Madam Mayor, Members of the Council, Council Member Hoaglun, that's correct. You know, we -- and we work closely with code enforcement, so oftentimes we will receive the calls and, then, we will work with code enforcement and get out there. That will also again cause us to pull out the original conditions of approval and go back through and make sure that everything is still in conformance with what was approved. Hoaglun: Okay. Thank you. De Weerd: Further questions for staff? Bird: I have none. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I just wanted to make some comments on the testimony I have heard. You know, you give this a lot of thought and testimony, you know, from the testimony from the last hearing and, of course, this one there is some other issues raised, some new, some not. You addressed most of those about the parking lot, that is something that we have looked at and parking, it's a popular park. That's a good thing. But for that particular street it's not a good thing. And we -- we have spent the money and entered into a partnership with the school district to build that parking lot to the west and it is a long-term agreement in terms of -- there is a school there, there will be a parking lot there and once that school is built there will be a parking lot there. We have similar arrangements -- if you ever go to Fuller Park in Meridian they use Chaparral Elementary as part of the parking for that and that would be no different for this and that I think would -- would take off a huge amount of the pressure that -- that is there. And I do the same thing, I drive by on a Saturday, there is lots of activity and usually in that east Meridian City Council September 25, 2012 Page 23 of 46 parking there there is space for people to park and human nature is tough to change, but I think some signs and some police enforcement will do that, because we are concerned about the safety and we have looked at it and taken it very seriously. I hope the homeowners association can continue to work and look at potential options for public streets and how we can do that, because I understand the frustration. But we have got to find a solution that works and I'm hopeful that can take place. An issue was raised about more apartments. Why more apartments and we shouldn't be building more apartments and that is something that my approach to governance is is it appropriate for government to be involved with and when you think about what you're asking is you're asking government to determine what you as a property owner can do with your property and I don't think you really want that. I mean that's something that goes down apath -- a slippery slope that goes someplace that you may want it for one situation, but, then, you open that door and we can do it for all situations. Maybe you have got people coming in who have a whole different idea of what government should be and I won't get on a soap box about that, but I don't want to go down that path. So, we -- the marketplace determines that and sometimes the marketplace gets it wrong, you know, and we have to figure out what we can do and code enforcement is one of those things that if there are areas that are being run down, then, we want to be on top of that and that is something that if the developers think this is a project that can move forward and we can look -- we look at it from a conditional use, compatibility, how it's maintained, the color schemes, the landscaping, all those things, that's where our limit is and especially on this particular one. One of the things that was raised was the legal process for this thing as it went through over the years and that's one thing I know since I have been on Council we look at very carefully when we rezone a parcel knowing what -- all that could happen on that -- that piece, because there are times those projects fall through and that zoning, as was mentioned, sticks with the land and, then, we are -- we better be darn certain that what it was rezoned to the compatibility still exists for things and I know we have had some lengthy discussions on this Council about other projects on rezone requests that if we do this and that isn't built, is it still acceptable for what can be allowed under that and I think there has been times a couple years ago that we weren't quite so comfortable with that and we had to work with the developer to find something a little different that would work that was more restrictive that still allowed them the project they wanted, but not -- not allow it to go larger, because it didn't fit and -- and this one we are kind of -- what we hear is we don't want this, but from a legal perspective and looking at the city and our fiduciary responsibility to our taxpayers and that is when something is allowed, the zoning is there and we don't allow it we open ourselves up to a lawsuit and it costs all of us. It comes out of my pocket, it will come out of your pocket and we can't -- we can't allow that. And I wish, Mr. Smith, you would be more respectful. Anyway. Smith: All I hear is talk talk talk . Hoaglun: Mr. Smith -- we are done. We are done. Smith: You're not listening to the people. Meridian City Council September 25, 2012 Page 24 of 46 Hoaglun: We are done. Smith: You're darn right. I'm done. Hoaglun: Thank you. Smith: You're not listening to the people. Hoaglun: Anyway, back to where -- Smith: Just listen to your people. Hoaglun: We do listen to the people and fortunately -- fortunately, the people also listen -- fortunately the people also listen to what goes on up here and I know the people are paying attention to the legal opinion that we received. Because if we had options here we would certainly look at them. But the option is it is zoned R-15. So, how do we deal with that? What are the issues that we can make this facility more compatible with the neighborhood and parking -- the issue of the park parking is one of them. I mean we have got that loud and clear and we have been working on that one, trust me, and I think time will show that that -- that process will work and I hope spring of next year when the parking lot is in we will, see great relief and if not let's talk about it some more and try to get this thing fixed, because that's -- I can see that's a source of frustration. When it comes to this facility we don't want it, I hear you; but we are stuck with R-15 zoning and what can go on there is something -- what they are looking to put in there is allowed under the zoning. So, what are the ways -- when we listened last week there were some good issues raised and that's why I wanted to talk about -- there we go -- about the maintenance agreement, because that was -- that was a good question raised is how do we insure if this facility is built how do we insure that it remains a nice facility. Looking at the elevations and the different plans on this thing this is not a cheap apartment complex, there is going to be healthy rents. I know my daughter and -- my daughter-in-law and son, if they move back here and live here, they probably can't afford this, because it's going to be a little out of their price ranges as newlyweds and just starting out on their -- on their life together. But down the road I want to see places that are nice that they would want to live and say, hey, that's by the park, yes, it's a little more expensive, but it's a quality place, it's a nice neighborhood, and those are the types of things that attract people we want in Meridian, because they are folks who are going to contribute to the economy, who are going to have jobs, who want nice places to live and they want good neighbors and I think that's the desire we want everywhere, where ever we live, whether you're an apartment dweller or in a single family home. We want to have good neighbors. We want to be a good neighbor. Yeah, we have a few problem people out there, but that's what code enforcement works and we try to, through our police department and other means try to -- try to make sure people are good law abiding citizens and they do a good job with that. So, those were some of the issues that I have heard over the last two hearings and just kind of wanted to address in how I view them. There are some projects that we have seen that have been approved that have been more problematic for the city and apartments that have taken a lot of Meridian City Council September 25, 2012 Page 25 of 46 work, because they weren't quite as compatible. There was an issue raised last time about being right next to the house, you know, and I looked at this one and these are not right against someone's backyard and where we have had to work with the developer to say can you flip this and move the apartments away and put in the parking to the back fence and maybe move them forward and those types of things. So, having a street as a buffer I think is helpful. Having it near the entrance is something that it's not in the middle of a subdivision. We have had proposals and we have had to deal with those and work through them, so -- not that it makes it any better for the folks who are here and who don't want it, but just a little perspective that when we look citywide and, then, come to a single issue there are things that I see that are very good about this development that they are doing, as opposed to other developments I have seen. Now, again, feel free to disagree. That's fine. It doesn't make everyone happy, but it's something that looking at -- over the years different proposals, there are some very good things about this that you can go, you know, that's maybe not so bad, so, anyway, that's my comments, Madam Mayor. A little longer than intended. De Weerd: Thank you, Mr. Hoaglun. Mr. Zaremba. Zaremba Madam Mayor, thank you. I don't know if I'm going to help or not. I am very conflicted on this myself. The -- at the time that this came through for the rezone I was on the Planning and Commission and I remember the discussion about the senior and assisted living center and was very much in favor of it. I'm very disappointed that that isn't what happened and I'm not in charge of the business plan, I can understand that if another one got built first within a half a mile, then, maybe it isn't so attractive to this property owner. I struggle with my understanding on at least the Planning and Zoning Commission level in 2004. We were excited and interested in having this be an assisted living and, therefore, recommended to the Council to approve the change to R- 15. That now becomes an entitlement. We are not asked tonight whether it should be an R-15 or that, that's not a question before us. That's a little frustrating to somebody who is enthusiastic about the assisted living center and to whom it made sense. The applicant has made some good points. I'm in favor of public transportation and I point out that when we talk about public transportation we say, okay, greater densities should be placed near a major transportation corridor. They should be placed near open space. And as the applicant said, if not this property where else are we describing when we say that. Those are things I'm in favor of. I also know that this park right next to this project is kind of a victim of its own success. I'm thrilled that it's used as much as it is. To add 36 more families right next to it is not an attractive idea to me and I struggle with the idea that, in fact, the property owner is entitled to R-15 and is proposing something that not only is allowable, but is probably a very nice project on R- 15. I guess my frustration is that disappointment that it isn't going to be an assisted living facility, which, for one, I think would have been a good neighbor to the park. It would not have added a great deal of pressure to the park. It would not have added more parking issues. Like I say, I guess I'm not helping. I still haven't decided. De Weerd: Thank you, Mr. Zaremba. Council, I -- further comments? Meridian City Council September 25, 2012 Page 26 of 46 Rountree: Madam Mayor, I guess I can express my frustrations as well and I really dislike situations of having decision making and no wiggle room or no way out of a corner that's been built for us. We have a piece of property that is entitled by zoning to do what's asked. All we can do is attempt to condition that development to a degree that it is more compatible with the surrounding area than it would be if it were just a cookie cutter type of development. Usually I'm pretty good at finding a creative solution, but I just absolutely cannot come up with one. Given the zoning and the constraints that we have with that, I'm not sure we don't have at least the best attempt, other than what was originally proposed with this particular application. Having said that and if there is nothing else to be said, I move that we close the public hearing on items 8-A and 8-B. Bird: Second. De Weerd: I have a motion and a second to close he public hearing on items 8-A and B. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would inquire of Councilman Rountree if there has been a brainstorm yet or not of creative thinking. If not -- Rountree: No. I'm just -- am at a loss. Hoaglun: And, Madam Mayor, it's interesting, we try very hard at finding creative solutions to problems and most of the time we are successful and I would agree with Councilman Rountree, this one is a -- this one is a stumper. I mean this one is -- in the extra time that we had to think about this to try to find a way what -- how this could work and what it looks like and different things within the R-15 it's -- it is what it is. It's -- it's one of those where we don't have any room to work. That makes it difficult. Other than through the conditional use process to make it a good project and it looks good and remains looking good and that's been my concern and that's certainly been addressed and can be followed up on down the road and I always manage to do this wrong, but I'm going to make a motion on the preliminary plat and I would move to approve PP 12-010 with staff and applicant comments and I think the 1.1.1 -- would that be part of the CUP, Pete or Mr. Nary? Or is that on the preliminary plat? Friedman: Madam Mayor, Members of the Council, Council Member Hoaglun, that is on the preliminary plat as a site specific condition. Hoaglun: And I would include the -- to strike the current 1.1.1, since that no longer applies to this -- this parcel as -- as zoned. And in this agreement I want to put on the record is attached to this property as required by the UDC, make sure that is clear. And Meridian City Council September 25, 2012 Page 27 of 46 I think that's all I have. Yeah. And I included that staff and applicant comments be -- be included. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-A. Any discussion from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I will make this short and sweet, but -- De Weerd: You want to pull your -- Bird: I will. I will try to speak up. I'd give anything to be able to vote no on this. I don't -- I wished there was something else going out there, but legally there is no way that we can turn it down for what they are asking, so while we have -- I have to vote yes, I certainly wished there was something else going in there besides this. De Weerd: Any further discussion from Council? Rountree: I have none. De Weerd: Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, nay; Hoaglun, yea. De Weerd: I have three ayes and one opposed. Motion carries. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Item B. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move approval of 8-B, CUP 12-006 and include all staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-B. Any discussion from Council? Madam Clerk, roll call, please. Meridian City Council September 25, 2012 Page 28 of 46 Roll Call: Bird, yea; Rountree, yea; Zaremba, nay; Hoaglun, yea. De Weerd: Okay. Three in favor, one opposed. Motion carries. MOTION CARRIED: THREE AYES. ONE NAY. De Weerd: Okay. I'm going to call a brief recess for five minutes, so we will reconvene at 8:30. (Recess: 8:25 p.m. to 8:35 p.m.) C. Public Hearing: VAC 12-004 Southeast Corner Marketplace by The Land Group No. 2 Located Southeast Corner of E. Ustick Road and N. Eagle Road Request: Vacate a Public Domestic Water and Sewer Easement Platted on Lots 10-12, Block 1 of Southeast Corner Marketplace Subdivision No. 2 (File FP 07- 020) De Weerd: Okay. We will reconvene tonight's meeting and we are on Item 8-C, public hearing on VAC 12-004..1 will open this public hearing with. staff comments.. Parson: Thank you, Madam Mayor, Members of the Council. Next application before you this evening is a vacation to vacate a sewer and water easement that was platted with the southeast corner Gateway Marketplace Subdivision No. 2. The property is located on southwest corner -- excuse me -- the southeast corner of Ustick Road and Eagle Road. The exhibit before you shows you which parcels are affected by that easement. It is specifically Lot 10 through 12, Block 1. This is -- back in early August Council -- the Commission, actually, acted on a conditional use permit for a bank drive-thru use on Lots 11 and 12 and effectively the way that the site plan has been approved with the Commission and the planning staff is the existing bank -- or proposed bank would be constructed over the current easement. In going through that conditional use project the application was conditioned to get approval of a vacation application from you and, then, also construct the new sewer mains and water mains during the bank construction. That was so that the developer and the applicant are working through some of those behind the scenes. The exhibit on the right-hand side shows you the existing utility easement that's in place and the one just south of that, the L- shaped easement, that is the new easement that is proposed this evening that would run along this commercial drive aisle if Council grants approval of the vacation and that current easement is located approximately right here as depicted on this exhibit. Staff has coordinated with the Public Works Department. They have reviewed these documents. They are in agreement with the relocation of those water and sewer mains. They are okay with that condition, that those be constructed and inspected upon certificate of occupancy for the bank site. At this time -- we -- staff did receive written testimony from the applicant and they are in agreement with the conditions of the staff Meridian City Council September 25, 2012 Page 29 of 46 report. There are no outstanding issues before you this evening and at this time I'd stand for any questions you have. De Weerd: Thank you, Bill. Well, Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Is the applicant's representative here? Any comments? Okay. If you will, please, state your name and address for the record. Hepworth: Russ Hepworth with The Land Group. I reside at 2635 W. State Street in Meridian. De Weerd: Thank you, Russ. Hepworth: I just wanted to verify or have it conditioned, I guess, that -- that we will work with the Public Works department, but just wanted to know if this document at this meeting has to be the final one. I just want to be able to make sure that when we do re- record that easement that I can have that latitude to make it right with the Public Works Department, because there may be a fire department or a fire hydrant that needs to be in there and I might have to adjust that easement and so I just pose that question, I guess, to make sure that the -- I have the ability to modify that. De Weerd: Pete? Friedman: Madam Mayor, Members of the Council, the Council's action tonight is merely to vacate the existing easement, so prior to Mr. Hepworth's clients installing the utility mains, they will have to prepare the new easement for review, not only by Public Works, but by the city attorney's office and at that time we can fine tune the location of any of the required fire hydrants and anything like that. So, actually, the nexus between the vacation of the easement and the approval of the new easement is simply that you are just vacating the old one tonight and it will be replaced. Hepworth: Thanks for that clarification. Thanks. De Weerd: Okay. Thank you. This is a public hearing and I do have two people that signed up to show their opposition to this is Wayne Hartung -- Hartung. I'm sorry. And Chris. Would either of you like to provide testimony at this time? Or not. lassumed -- oh. Hoaglun: I think they signed the wrong sheet. Bird: Got on the wrong one. Meridian City Council September 25, 2012 Page 30 of 46 De Weerd: Okay. Does anyone want to provide testimony on this item? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just as a comment, I wonder if those are people who signed up on the wrong sheet and meant to testify on something else. De Weerd: I think so. Zaremba: Okay. Now, I have a comment not specific to this application, but I have asked in Planning and Zoning and the Community Development Department -- De Weerd: It's just Community Development. Zaremba: Community Development. I'm sorry. This kind of vacation -- the question that we usually ask is have all of the utilities and anybody that has an interest in the old easements given written approval for this to happen and the answer is, yes, because staff doesn't bring it to us until they have got all of that stuff. So, my question that I want to ask on the .public record for discussion is can we work toward making this an administrative approval? Does this have to come before the City Council necessarily? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, Councilman Member Zaremba, we do have to have approval by the City Council. It's required in the state statute. Zaremba: That answers my question. De Weerd: I wish all questions were that simple, Mr. Zaremba. Nary: And that short. De Weerd: And that short from our attorney. That's even better. Okay. Anything further from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on VAC 12-004. Rountree: Second. Meridian City Council September 25, 2012 Page 31 of 46 De Weerd: I have a motion and a second to close the public hearing on Item 8-C. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve VAC 12-004 with staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-C. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Public Hearing: SHP 12-003 Whitehawk Subdivision by GGR, LLC Located at 2134 E. Franklin Road Request: Short Plat Approval Consisting of Three (3) Building Lots on 2.11 Acres of Land in a C-G Zoning District De Weerd: Item 8-D is a public hearing on SHP 12-003. I will ask for staff comments and open this public hearing. Parsons: Thank you, Madam Mayor, Members of the Council. The next item is the Whitehawk Subdivision. It is a short plat of an existing lot within the Sparrow Hawk Subdivision. The applicant is short platting the existing Lot 4, Block 1, into three C-G zoned lots. The property is situated just north of East Franklin Road and east of North Nola Road. To the north is I-L zoned property that was developed with the Locust Grove Industrial Park. To the east of this site is some multi-family that developed under the Sparrow Hawk PD in 2001, 2002. To the south and west is also developed commercial lots within the Sparrow Hawk Subdivision. Again, the applicant is just subdividing this into three lots as you can see here before you. Lot 1, which is the western most lot, or the left-hand lot, has been approved through the Planning Department with a certificate of zoning compliance to construct a -- basically an kennel on the site. The other two lots will be marketed for sale I would imagine. Lance Warnick has submitted written testimony in agreement with the staff report. To staff's knowledge there aren't any outstanding issues before you this evening and at this time I'd stand for any questions you have. Meridian City Council September 25, 2012 Page 32 of 40 De Weerd: Council, any questions for staff? Bird: I have none. Rountree: I have none. De Weerd: Okay. Would the applicant like to make comments? Warnick: Thank you very much, Madam Mayor, Members of the Council. For the record my name is Lance Warnick, engineer with Aspen Engineers. Business address is 2422 12th Ave. Road, No. 323, Nampa, Idaho. 83686. De Weerd: Thank you. Warnick: I'm in agreement with the recommended conditions and just to reiterate we are simply trying to request approval to do a short plat of this -- this property to three pieces and I'd stand for any questions. De Weerd: Thank you. Council, any questions for the applicant? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this item? Yes, sir. Good evening. If you will, please, state your name and address for the record. Wysoki: My name is Kerry Wysoki. I'm a manager of Northwest Machine and Manufacturing in Meridian. 1957 East Lanark. De Weerd: Thank you. Wysoki: My question or concern isn't necessarily with the sub plot dividing into three places, it's the idea that we are having a kennel placed right in our backyard. We are a manufacturing business and have Fortune 500 customers coming to our facility at all times. Do I have any recourse or actions that I may take to possibly stop the kennel from moving into that location? It's a question I know, but is there anything I can do? We were not notified in June, evidently, when the original information came to the city zoning I believe it was or planning, whichever it was, allowing a kennel to be placed on that property. De Weerd: Well, it's my understanding it is an approved use, so -- but I will let staff answer that for you. Meridian City Council September 25, 2012 Page 33 of 46 Friedman: Thank you, Madam Mayor, Members of the Council. As Bill indicated in the staff report, because -- what's before you tonight is merely the subdivision of the property into three lots. Right now currently it's in one ownership. The owners did apply for certificate of zoning compliance, which is an administrative application, which is the precursor to getting a building permit. So, by issuing that there already was a determination made that that primary -- that that kennel was a principally permitted use in that zoning district. It's not going to be sort of the traditional kennel as you have all the dogs, you know, housed outside. It's a doggy day camp, actually, is what it is. Wysoki: It's my understanding is that there is an outside area for the dogs that butts right up against our current property. Friedman: There is an outside exercise area, that's correct. And, unfortunately, that, again, that was a certificate of zoning compliance. We normally don't provide notice -- notice on those. When we structured the industrial zoning district and we identified that as a permitted use in there --determined, the zoning code that because of the -- Wysoki: So, there are no additional zoning codes the apply to kennels? You can put them in any industrial area then? Friedman: We only have the one industrial area. Again, we would, have --Igo through -- we only have the one industrial area in the city right now. Wysoki: Okay. Friedman: I mean one industrial zone, not one industrial area. Wysoki: Okay. Thank you. De Weerd: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It's kind of a follow-up question, but would we be able to put a condition on that -- they flip their project, so that the open area is on the far end of their -- of their property from the gentleman that just spoke? I know we don't want to get into engineering and designing what people do on their properties, but could we condition them to flip it? Friedman: Madam Mayor, Members of the Council, Council Member Zaremba, there is -- in response to that question -- I guess I have two responses. One is I don't know the actual status of the commencement of construction of the issuance of building permits. If, in fact, either one of those has occurred it could be problematic and, then, secondly, because the action is merely the division or property -- and I would rely on Mr. Nary's Meridian Cily Council September 25, 2012 Page 34 of 46 counsel also, that tying a CZC condition to the plat I'm not sure is an appropriate avenue. Zaremba: Thank you. De Weerd: Mr. Nary, do you have anything you would like to add? Nary: Madam Mayor, Members of the Council, I think it's really already been answered. I mean it is an allowed use in an industrial zone, so you have already made a decision in your code as to what administrative requirements are and the administrative requirement here has been met that they meet the requirements of the zone with what they are going to develop. So, again, we have already made a decision as to what application they need to make, which they appear to have done and what's required is simply that they have a use on the property consistent with that zone and I think you stated, Council Member Zaremba, again, we don't do the design of those particular types of uses, so -- so, no, there isn't any additional requirements they would need to meet. De Weerd: I think, Pete, you know, it is an allowed use, but certainly we -- we can talk with the owner and see how with -- with this testimony if they can find some -- some ideas that could mitigate if they cancel it, but. if it's too far along in the -- in the building process this is a long time business in our community and certainly if there is a way we can accommodate the -- the communication exchange that would be helpful I'm sure. Friedman: Yeah. Madam Mayor, Members of the Council, I would be happy to do that. What we will do first thing in the morning is look into the status of the building permit on the construction and, then, see what we can -- where we go from there. De Weerd: Any further comments from Council? Bird: I have none. Hoaglun: Madam Mayor, would the planning folks follow up with -- with the person who raised the issue? Friedman: Absolutely. If he would leave his contact information with us be happy to do that. Hoaglun: Great. Thank you. De Weerd: Thank you. Any further testimony on this item? Would the applicant -- would the applicant like to have any closing remarks? Okay. Well, you're sitting right next to each other. Perhaps you can even talk. Just saying. Okay. Council, if there is no further information I would ask for your -- Zaremba: Madam Mayor, so moved. Close the public hearing on SHP 12-003. Meridian City Council September 25, 2012 Page 35 of 46 Rountree: Second. De Weerd: I have a motion and a second to close the public hearing to Item 8-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba: Zaremba: I move we approve SHP 12-003 with staff and applicant comments. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-D. Madam Clerk, will you, please, call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Public Hearing: TEC 12-009 Three Corners by Three Corners, LLC Located Southeast Corner of Chinden Boulevard and N. Locust Grove Road Request: Two (2) Year Time Extension on the Preliminary Plat for Three Corners Subdivision De Weerd: Item 8-E is a public hearing on TEC 12-009. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The next application before you the Three Corners Subdivision time extension. This property is located on the southeast corner of Chinden Boulevard and North Locust Grove Road. The property received annexation and zoning and preliminary plat approval in 2007 from the Council. As you can see here that phase one has commenced in this aerial and currently developed with a private school site. Phase two had started some construction, but no utilities have been in place as of this date and phase two was located in this general vicinity of the development. Before you this evening staff is recommending some new conditions for you on this project. -The UDC does give staff or Council the authority to require that if anything changes in the Unified Development Code. In this particular case what has changed is back in 2011 Council adopted a new ordinance that required some requirements with some performance sureties and some warranty surety for projects that are installing infrastructures with subdivision Meridian City Council September 25, 2012 Page 36 of 46 improvements. Because these utilities are in place staff feels that it's appropriate to require that a new condition be placed on this. The other item that I wanted to bring to Council's attention was if you look at the zoning map that I have here, to the left of you, you can see that there is an icon on this property that identifies this site for a gateway entrance sign. I would state that there aren't any standards that are approved at this date and they are in draft form at this time, but because this is a time extension and this is one of the changes that we -- an opportunity to at least request that from Council to require it with this development, we are requesting that as part of the time extension as well. On this later exhibit here you can see what the entryway sign is to look like. Right now I believe Council -- staff is working with Council, this is one property that was identified to have this signage. I think we all realized that this isn't the ideal preferred location for the sign, it really makes sense to be on the opposite side of the road, but, however, given the fact that this is the only active development on the site, or at least this corner of the city and Council has recommended that this sign -- highlighted this property for this signage, staff feels that it's prudent to require it at this time. I would also mention that I have reviewed the draft standards with other city employees -- city staff I should say and even if this sign is placed on the property it does not diminish the requirement for their subdivision signage or their commercial signage on the site, it's merely just to welcome folks as they enter into the City of Meridian. I would let you know that I did receive written testimony from the applicant. They would like to discuss those conditions of approval with you his evening. They are -- wish that. Council would try both conditions and leave the project stand on the merits that were approved back in '07 and attached development agreement. Other than the applicant opposition to a new condition there is no outstanding -- any other outstanding issues before you this evening and at this time I would stand for any questions you have. De Weerd: Thank you, Bill. Any questions for staff at this time? Bird: I have none. De Weerd: Is the applicant here? Good evening. Dean: My name is Dave Dean, 1746 East Dunwoody Court, Meridian, Idaho. And Madam Mayor and Council Members, I -- I guess I just want to discuss this sign thing, because it certainly seems to me like it's on the wrong side of the road. You know, the traffic backs up, especially in the morning and evenings, so that sign is not going to be visible by people driving the other way, it seems like it ought to be thank you for visiting Meridian, hope you return or something like that. But, anyway, I guess I want to discuss that, because it's -- it's -- you know, it seems to be no definitive -- you know, I have seen the sketches and I thank you for sending these, Bill. I just -- like I say, I just question being on the left side of the road when you're coming in town on the right side of the road, so -- and there is traffic that backs up there. So, I guess -- and our commercial signage is also going to have to go in that area that there is probably, what, 400 feet I guess from the corner to the road that goes in. So, I guess I'd like not to do that, because it just doesn't seem to make a lot of sense to me, but I guess that's your call. Do you have any questions for me on that or do you want me to go to the next -- Meridian City Council September 25, 2012 Page 37 of 46 De Weerd: Why don't you go through and -- Dean: Yeah. Okay. The bonds --Iguess I'm not quite sure -- I understand the 20 percent on stuff, because we have about 50,000 dollars worth of sewer and water put in and none of it's being used, because it's still hooked directly into sewer I think out front, so we loop the whole school with sewer and water and the existing stub road has got sewer and water, but none of it's being used. So, I understand that one. I'm trying to understand why I need a bond for 125 percent of the rest of the subdivision, because -- I guess I just don't understand why, because if I disappear somebody else is going to pick up and have to put it in anyway. But I -- you know. And, then, if there are other options to the bond, can I just put up the cash with some kind of an account that has got both of our signatures or something. The bond is going to cost about -- I estimate it will cost me about another 5,000 dollars per year for the -- until something gets done. I guess I might add that we are actively right now doing a marketing study on what lots are -- you know, we made a mistake when we did this, because we put the commercial in the front end of this thing and commercial is terrible right now and it's going to take another 698,000 just to finish that commercial -- commercial phase so I can push it through and get into the residential, because the residential actually is starting to make some sense. But that's the reason I hadn't done anything else is because every time you drive by that you'd go, wow, why did I spend that money there. But, anyway,. I don't have a problem with the 20 percent, because, like I say, it hasn't been used and I understand that. I don't understand the 125 percent on what hasn't been put in and I believe that sign is -- I understand, you know, the true entrance to Meridian is actually about half amile -- almost a half a mile east of Chinden and, of course, on the right side of the road there you would be putting in Eagle and I'm pretty sure they don't want it there. So, I understand that and I understand why it would probably need to be on Locust Grove. But it seems like when you're driving you look to the right for the signs and -- I don't know. You tell me. De Weerd: Thank you. Iguess, Kyle, you want to talk about the 125 percent bond. Radek: Madam Mayor, that -- 125 percent was -- I'm sure you recall we went through the warranty surety issue. We spent probably a year on -- on working through that and talking to City Council, determining what the appropriate percentage was for -- if it developed for one to get final plat without building infrastructure, what it ought to be, I think it was at 110 percent. So, really, we are talking about a difference of 15 percent here, and this is, basically, updating -- updating the -- the application to current code as the application once -- and updated their entitlement and I don't know if the developer understands that this is only if they want to get final plat signature without building infrastructure. And maybe Pete can help me explain that. I mean it's -- that 125 percent would not be required now. Dean: Okay. See, I didn't understand that. Radek: Yeah. That's if you want -- Meridian City Council September 25, 2012 Page 36 of 46 Dean: Worried about nothing. Radek: If you want a final plat signature without building infrastructure then, we have to --then, you put us in a position -- Dean: Right. Radek: -- to say, well, gee whiz, if this guy doesn't get it done we are going to have to do it and if we have to do it we need some assurance we are going to have enough money to do it and we think 125 percent is the right number. Dean: I'm sorry I wasted your time on that. De Weerd: You don't waste any time. It just adds clarity. Dean: Okay. De Weerd: And it's a good question. A couple of things have changed since you came through with your original -- Dean: Right. De Weerd: -- and that is one of them. Pete? Friedman: Madam Mayor, Members of the Council, just one more follow-up is I think Kyle was able to explain -- really you're not required to put up anything now as part of the time extension. When you actually move forward and move towards getting your final plat, then, we can have the discussion and to answer your other question about the bond, there are other forms. You can put up the cash, either if you're going to bond for performance or you're going to bond for maintenance, you can do a letter of credit from your bank or you can do the bond. So, there is three options there when the time is right. Hoaglun: Madam Mayor, I did have a question on the sign. I mean it's a legitimate question what he's asking when I look at that, you know, you think, well, cars are coming in, but that property to the west there -- De Weerd: Is that annexed? Hoaglun: That's already annexed. I will let staff kind of address that issue if you want, because it does make sense that, oh, let's put the sign on that side. I mean that's where the cars are coming from, you know, into Meridian, so -- Parsons: Madam Mayor, Members of the Council, yes, that property is legitimately annexed into the city. I did research that before coming to Council this evening. That Meridian City Council September 25, 2012 Page 39 of 46 was one of those parcels that was hooked up to sewer and water. It developed in the county, but for their agreement to hook up to services we did the implied consent to annex back in 2008 and brought that property into the city with that annexation request. That's why you can see that the majority of it is pretty much undeveloped and it could -- there is a potential that it could redevelop in the future. If the church was to expand they would have to go through the conditional use permit and that could be certainly one requirement that we place on expansion of that site. The other thing that I'd point out to Council is that at some future date once the signage design gets approved and those specs get approved the city staff will more than likely come forward with an amendment to the UDC that kind of explains what we want for the signage and how we get that, at what point in development, whether it's through the annexation, the rezone, or even just through a certificate of zoning compliance I don't think all of those details have been worked out, but it -- there are some opportunities moving forward, but the site certainly will at some point in time redevelop. De Weerd: Pete. Friedman: Madam Mayor, Members of the Council, another alternative, you know, in the absence of knowing the timing of future development, if it were the pleasure of the city to want to see that sign sooner or later there is always the possibility of approaching that property owner for ,some form of easement if the city decided to undertake the construction of the sign ourselves. So, that's another option that's out there. De Weerd: I guess since we had a similar discussion just last week, the property owner was asked to pay for half the sign. Could that be a possibility on this and with a discussion with the property owner across the street to place it on that and participate financially as well. Friedman: Madam Mayor, Members of the Council, I think that's certainly worth talking about. Mr. Dean would have to, obviously, agree to that particularly for something that would be occurring on his -- De Weerd: On someone else's property. Friedman: Yes. De Weerd: It was easier to ask that last week, because it was on their property. Hoaglun: And, of course, Madam Mayor, for Mr. Dean there is value to say, yeah, it's worth X amount to me not to have it on my property, so -- Dean: Yeah. I guess I don't ever -- I have never figured out what this thing costs. Nary: Mr. Dean, could you get closer to the mike? Dean: Oh, I'm sorry. I never have figured out exactly what this thing costs, but -- Meridian City Council September 25, 2012 Page 40 of 46 Hoaglun: Good question Dean: I guess if I could be given the amount I probably would probably participate in that. I mean it's better than the option I'm looking at now, so -- I mean I -- you know, I know we have had discussions about, well, if all my stone is sandstone do I want red brick, you know, and he said there would probably be some flexibility on that. But I still think it's on the wrong side of the road, but I guess if we get it on the other side I -- you know. If I knew the cost for sure I would probably be willing to participate in that half, you know, so -- Friedman: Madam Mayor, Members of the Council, we -- we don't know the cost yet. We have money in the FY-13 budget that we are going to be using. They have the specs developed, so that we don't find ourselves in this situation where we know sort of -- we have a nice drawing of what it looks like, you know, I have heard figures of five to ten thousand, but we really haven't nailed that down, so -- Dean: If -- you know, if it's in that range I would pay half for it, so -- Friedman: Mr. Dean's agreeable and is agreeable on a not too exceed amount. That's always. a possibility l suppose. But it would have to be clearly stated on the record that it's voluntary. De Weerd: I heard him volunteer. Any questions for Mr. Dean? Thank you. Dean: Thank you. De Weerd: Is there anyone who would like to provide testimony on this Item 8-E? Okay. Council, any further information needed? Bird: I have none, Mayor. De Weerd: Okay. I would entertain a motion. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we close the public hearing on TEC 12-009. Hoaglun: Second. De Weerd: I have a motion and a second to close the public hearing on Item 8-E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Meridian City Council September 25, 2012 Page 41 of 46 Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve TEC 12-009 to include staff conditions and comments and applicant comments. Hoaglun: Madam Mayor? Zaremba: Are any of those that I need to clarify? De Weerd: Yes. Mr. Hoaglun. Hoaglun: I will second it so we can have discussion. De Weerd: Okay. Hoaglun: Because I do want to make sure that we provide some option where the applicant can provide payment -- partial payment for the sign that -- and I'm not using the language right -- where that sign may be moved to property to the. west. But he would participate in an amount not to exceed -- De Weerd: Fifty percent. Hoaglun: --fifty percent of the -- is that a hundred thousand dollar fine? I'm sorry. No. Not to exceed 50 percent of the sign with the costs yet to be determined and so I guess the maker of the motion -- we need to include something in that that allows him to financially participate and have that. sign moved to property to the west. Zaremba: That was stated very well. I will include that in the motion. Hoaglun: Okay. Well, second agrees I guess. De Weerd: Okay. Any other discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. MOTION CARRIED: ALL AYES. De Weerd: I'm just going to declare -- it was voluntary. Hoaglun: Yes. And, Madam Mayor, it's not a hundred thousand dollars either, so -- F. Public Comment and First Reading of Ordinance No. 12-1528: Downtown Core Sidewalk Facility Standards Update - Meridian City Council September 25, 2012 Page 42 of 46 Proposed Draft Title 8, Chapter 1 Ordinance and Proposed City of Meridian Improvement Standards De Weerd: Thank you. Okay. Item 8-F is public comment and first reading of ordinance 12-1528. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian ordinance number 12-1528, an ordinance of the City. of Meridian repealing and replacing Title 8, Chapter 1, Meridian City Code, an enclosed street scape, ordinance, definitions, requirements were all encroachments and the city core street scape. Requirements then approaching from the use zone, requirements, then, encroaching from the street furnishing zone, penalties and enforcement and severability. Repealing Title 8, Chapters three, four, and five, Meridian City Code and providing an effective date. De Weerd: You have heard this ordinance read by title only. Is there anyone who would like to provide public comment or here it read in it's entirety. Nary: Madam Mayor? De Weerd: Yes. Nary: Madam Mayor, Members of the Council, we wanted to -- this particular ordinance you had a presentation on it previously and it has been vetted through a number of sources. Publicly we want to make sure there was an opportunity for public comment and barring any we would suggest that next week we put it out for a second and third reading and approval if that's all right with you. De Weerd: Thank you, Mr. Nary. I do have someone that's on this item, Patty Denice, who is signing up for. If you would like to provide testimony, it's noted in the record that you support the ordinance. Okay. Council if there is no Commission lead on this, it will be placed on next weeks' agenda for a second and final reading . Bird: So moved. Item 9: Continued Department Reports A. Legal/Fire Departments: Collective Labor Agreement between City of Meridian and International Association of Fire Fighters, Local #4627, Meridian Chapter De Weerd: Thank you. And we will see that back next time. Thank you for joining us. Item 9-A is under Department Reports. Our legal and fire department and in front of you the collective labor agreement and I will turn this over to the chief. Niemeyer: Thank you, Madam Mayor, Members of the Council. I do first want to extend apologies from President Hamilton, Local 4627. The assignment has evidently Meridian City Council September 25, 2012 Page 43 of 46 decided to wait until the smoke cleared to get an infection. So, go figure a firefighter would do better in smoke. I also want to extend some thanks on my part to Councilman Bird for his expertise and his direction during these negotiations and certainly to Bill Nary, who, again, did a masterful job of setting the tone early on how we are going to collaborate through this process. It was refreshing again -- I can tell you that money was not an issue and it was never brought to the table until the very end when you as a Council decided citywide what we were going to do. I have had the opportunity the last few years as your chief to see when labor negotiations turn ugly and we have seen them across the country. If you're a Greenbay Packer's fan you know this all too well right not. It's a no win situation on the part of everybody. And so to see the collaboration and how we work through the process was very refreshing. I will just make some mentions of some of the articles that I believe have been a benefit to the city and that are a benefit to the department. Article 15, promotions, we -- you will notice increased testing requirements for the positions of engineering captain. This meets our goal of trying to raise the bar in a professional development. We think that these increased requirements are going to promote better engineers and better captains that are better prepared to do that job in the future. Article 18 is uniforms. Uniform is my Achilles heel. I threatened the staff one day that we just weren't going to wear clothes on duty and that didn't go over so well. So, to see this process in the contract where we have a uniform store and a replacement policy is just going to benefit the department a whole lot better. We find more efficiencies. in that and we believe over time we can save money for the city. Article 19, there is a new schedule that's outlined as discussed. With that we also brought in new maximum work hours allowed and so we discussed this where in the past there was not any requirement on how many hours you could put in as a maximum. We now have that, which brings safety to the department and increased or decreased liability to the city. Article 23, the staffing for the brush trucks is now at three per the contract instead of two. This is a safety issue and in no small part thanks to you by rechassising Brush 35, as you recall that was a two man cab and best practice identifies three people going out on a brush fire, one to drive and two to be on the hose looking for obstacles and whatnot. So, that's going to make us better when we go out and keep us safer. Article 26.2 is a new article that's a fitness article. This was fully supported by the body or the membership. Definitely supported by us to bring fitness standards to the department. This will be mandated for every member of our department to go through these fitness standards. And, then, appendix C I would just point out that there were five items removed from the previous contract. These were personal safety and protective gear items that were negotiated three years ago now or in our last contract. The union actually came to us and said we believe we can remove five of them and still be safe and meet the needs of what our members have for personal protection while on scene. So, that's just some highlights of the contract. I'd certainly defer to Mr. Nary for any additional thoughts. De Weerd: Thank you. Nary: Thank you, Madam Mayor, Members of the Council. I appreciate the chief's kind words about the process and I would include the chief in that as well. I mean the -- the honesty and credibility on both sides at the bargaining table is not common. It does Meridian City Council September 25, 2012 Page 44 of 46 happen here because of the trust on both sides, that the intent of the city and the intent of the union is to try to find an agreement that works in the best interest of our citizens and to provide the best safety and the best value and that's been a tenant of these negotiations since I have been here and I appreciate the union as well for coming to the table with really the mind set of -- you know, if there is problems or misunderstandings or wording that needs to be addressed in the contract, then, let's address them. It's not about what do I get and what do they get and -- it's more about let's make sure this is clear for everybody. and the chief is a great asset in those, because, really, honestly, many of the things that probably could be problematic for other agencies and other jurisdictions are not problematic here, because our chief has that credibility that he's going to do what he says, he's going to follow through with what the commitments of the city are and when we get a breakdown in communication or we get a breakdown in an understanding, then, we are going to work through it and we are going to discuss it, we are going to work through it, if there is an issue we will bring it to the Mayor and the Council for decision and everybody understands that and agrees to it. So, we are very proud to bring this to you. Negotiations, again, were very positive and we are very pleased with this agreement. I think it's in the best interest of the city, so thank you very much. De Weerd: Thank you, Mr. Nary. Any comments from Council? Bird: No, but I will make a motion. De Weerd: I guess I would add my thanks to Mr. Nary, Mr. Bird, and Chief Niemeyer. It is nice to see that we have clear lines of communication and that we can have civil conversations and communication and try and do the right things for the community and this is an example of that. Council, any comments? If not I would entertain a motion. Bird: Madam Mayor? Hoaglun: Madam Mayor, a comment real quick. Again, my thanks to the chief and Bill and Councilman Bird and if you could pass on my thanks and -- to the Local 4627, because, really, these things can be arduous and difficult and it was a good process and I think Mr. Nary hit it on the head when he talked about there is trust and they realize that what's said people mean and their word is good and that benefits everybody in this community. So, please, pass onto them my thanks for their good work as well. De Weerd: And certainly in the climate that you see people at odds and butting heads and positioning, it is nice to be part of a community that -- that gets along and this is just one other example of it. Mr. Bird. Bird: Madam Mayor, before I make the motion, I -- I can tell you that I believe the firefighters and everybody, the trust they have got in the elected officials here, not just myself and Bill and the chief, goes a long way. I have sat on quite a few of not so good negotiations out in the private world, so it's been real good, we have never had a problem with the firemen, because they have been very supportive, but we also in the Meridian City Council September 25, 2012 Page 45 of 46 same token have lived by our word. We haven't played -- we haven't played games with them and they haven't played games with us and I think that is -- and that I hope will always continue to go with Meridian. With that I move we enter into the collective bargain agreement with Local 4627. Hoaglun: Second. De Weerd: I have a motion and a second to approve the request in front of you. Any discussion? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. Item 10: Ordinances A. Ordinance No. 12-1529: An Ordinance of the City of Meridian Amending Title 3, Chapter 2, Section 2; Title 3, Chapter 2, Section 3; Title 3, Chapter 2, Section 4, of the Meridian City Code, Relating to the Issuance of Licenses for Liquor by the Drink, Wine, and Beer Approved De Weerd: Item 10 is Ordinance No. 12-1529. Madam Clerk, will you read this ordinance by title. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1529, an ordinance of the City of Meridian amending Title 3, Chapter 2, Section 2; Title 3, Chapter 2, Section 3, Title 3, Chapter 2, Section 4 of the Meridian City Code relating to the issuance of license for liquor by the drink, wine, and beer. De Weerd: You have heard this ordinance read by title. Is there anyone who would like to hear it read in its entirety? Seeing none, City Council. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 12-1529 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 10-A. Any discussion? Madam Clerk will you call roll. Meridian City Council September 25, 2012 Page 46 of 46 Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 11: Future Meeting Topics De Weerd: Council, any future meeting topics for agendas? Bird: I have none. De Weerd: I would like to remind you that tomorrow evening at 6:30 here at City Hall is our Neighborhood Stars recognition and I will tell you that the nominations this year certainly were heart felt, but they -- they varied in what each of these neighborhood stars bring to their neighborhood communities and, again, I think it's just a testament as to why this continues to be recognized as a great place to live and it's people like this that really build our community. So, I hope you can join us and with that I would entertain a motion to adjourn. Rountree: So moved. Hoaglun: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETINGADJOURNED AT 9:20 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) i ~ MAYOR MY DE WEERD ATTEST: CEE H~LMAN, CITY CLERK ~o ~~~ ~a~ DATE APPROVED Q~¢P~ED A~e~s~ a4 j ~~' j~'o City of ~" IDIAN~ ~ IDAMO f' Sr''n~' w ~ yti f Abe TA~AS~ Changes to Agenda: Item #8A & B: Mulberry Subdivision (PP-12.010; CUP-12.006) (Continued from the August 28r^ hearing) Application(s): - Preliminary Plat and Conditional Use Permit Size of property, existing zoning, and location: This site consists of 2.4 acres of land currently zoned R-15 and is located on the southwest corner of Ashby and Meridian. History: In 2002, the subject property was granted Annexation approval by City Council with an R-4 zoning district. A development agreement was approved with the annexation (Instrument No. 102067381). Concurrently, the same property was preliminarily platted as part of the Cedar Springs Subdivision. In 2004, the subject 2.4 acre property was granted rezone, preliminary plat and conditional use permit approval by City Council to develop a 27-unit assisted living facility and 13 independent living units in an R-15 zone. A DA was not required with the rezone approval and the 2002 DA is still in effect. The recorded DA does not restrict the use of the property. The previous PP and CUP approved in 2004 have expired. Summary of Request: The applicant is requesting preliminary plat and conditional use approval to develop 5 buildable lots with nine (9) two-story fourplex buildings consisting of 36 two-bedroom units. One of the proposed units will serve as the property management office. All of the proposed lots conform to the dimensional standards of the R-15. Additionally, the proposed density of 15 dwelling units to the acre complies with the R-15 zoning district. Access to this proposed development is provided from a single driveway on W. Ashby Drive. Staff has conditioned the applicant to provide a blanket cross access agreement and shared parking agreement for the entire complex. The amount of open space exceeds the amount required by the UDC. Planned amenities include1) public art, 2) several plaza areas with rose gardens, 3) a play structure and 4) enclosed bike storage. The submitted landscape plan substantially complies with the UDC requirements. The proposed elevations incorporate a mix of building materials to include horizontal lap siding, cedar shake siding, decorative corbels and stone wainscoting in three color schemes. To enhance the design of the proposed four-plexes, a decorative stone base is recommended around the columns of the proposed patios and covered entries into the units. Commission Recommendation: Approval at the July 19, 2012 Public Hearing Summary of Commission Public Hearing: i. In favor: Becky McKay ii. In opposition: Earlene Coffey, Mily Herling, Chuck Herling, Janice Hartung, Terri Harrsch, Barbara Yates, Tom Callison, Ryan Brumfield, Rob Edgar, Kathy Edgar, Patrick Handley, Janet Handley, Antly Roman, Wesley Steele, Pat Arnold, Tracy Brown, Joy Smith, Eric Smith, Wendy Barbour, Salli, Landberg, D. Bourt, Mike Mayden, Ginny Dickman, Jake Gerard, Ethan Hanks, Gary Neal, J. R. Johnson, Robert Wilson, Doug Carlson, Patricia Carlson, Jennifer Anderson, Walt Anderson, Mark Stibrany and Marcel Bujouski iii. Commenting: Multiple names listed in the opposition section above testified in opposition at the public hearing. iv. Written testimony: A signed petition from over 100 residents opposing the proposed multi-family project was submitted prior to the P/Z hearing. Key Issue(s) of Discussion by Commission: i. Subdividing the property and having the potential for multiple ownership of the complex. ii. Parking issues with events occurring in Settlers Park. iii. Having a viable recorded maintenance agreement for the site to maintain a high quality development adjacent to the park. iv. Compatibility with adjacent residential properties. Key Commission Change(s) to Staff Recommendation: i. None Written Testimony since Commission Hearing: Joy Smith, in opposition. The letter addresses the density of the proposed development, the requirements of the recorded CCR's and the rezoning of the property in 2004. New testimony has been received since Council opened the public hearing on August 28~^. Mr. Bob Kibler with Fish and Wildlife, has provided has technical opinion regarding migratory birds and the surrounding habitat. This testimony is provided in your hearing packet. Margo Comorosky has submitted additional testimony on the validity of the rezone and compliance with the recorded development agreement. The City Attorney will address Mrs. Comorosky concerns. Curtis Hatton has also submitted testimony in opposition of the project. Shari Stiles has submitted testimony to address the migratory bird concerns. Outstanding Issue(s) for City Council: i. Council directed the City Attomey to review the validity of the rezone in relation to the recorded development agreement. Notes: Item #t1C: Southeast Corner Marketplace No. 2 Vacation (VAC-12.004) Application(s): Vacation Location: The subject property is located near the southeast corner of E. Ustick Road and N. Eagle Road. Summary of Request: The applicant is requesting to vacate an existing water and sewer easement platted on Lots 10-12, Block 1of Southeast Corner Marketplace Subdivision No. 2. The utilities were installed in conjunction with the subdivision improvements. A bank is planned to be constructed on Lots 11 antl 12 which necessitates the need to vacate the existing easement. During the construction of the bank, the existing utilities will be abandoned and new mains will be installed and inspected by the Public Works Department. The project is also conditioned to install the new mains and have the required easements recorded and approved by the Public Works Department prior to occupancy of the bank building. Since new easements must be constructed and Public Works supports the utility relocation, staff recommends approval of the vacation as proposed. Written Testimony: Russ Hepworth, in agreement with the staff report. Outstanding Issue(s) for City Council: None Notes: Item #8D: Whitehawk Subdivision (SHP-12.003) Application(s): - Short Plat Size of property, existing zoning, and location: This site consists of 2.11 acres of land, zoned C-G, located north of E. Franklin Road and east of N. Nola Road. History: This site was previously platted at Lot 4, Block 1 of Sparrowhawk Subdivision No. 2. Summary of Request: The applicant proposes to re-subdivide the existing lot into 3 lots. Written Testimony: Lance Warrick, in agreement with the conditions in the staff report. Outstanding Issue(s) for City Council: None Notes: Item #8E Three Corners Time Extension: (TEC-12.009) Application(s) Time Extension Location: The subject property is located on the southeast corner of Chinden Boulevard and N. Locust Grove. History: The property received annexation and preliminary plat approval in 2007. Two final plats have been processed and the first phase is recorded and developed with a private school. Summary of Request: This is the second time extension requested by the applicant: Per UDC 11-6B-7C, with all extensions, the City Council may require the preliminary plat to comply with the current provisions of the UDC. Thus staff recommends approval the time extension with the following new conditions: 1) comply new surety requirements which includes a 125% performance surety and 20% warranty surety and; 2) construct and maintain a new entryway monument sign as part of the second development phase. Written Testimony: Kendra Dean, in opposition of the newly proposed conditions. Outstanding Issue(s) for City Council: Requiring compliance with new requirements recommended by staff. Based on the applicant's objections, Staff offers the following for Council's consideration: Condition #1-Compliance with the surety regulations: The new requirements were adopted by City Council on August 9, 2011 and went into effect January 1, 2012. City staff completed a 12 month process with the development community before these standards were adopted. Previous time extensions have come before Council with the same requirements for compliance without objection. Since the infrastructure is not installed City staff recommends compliance with the newly adopted regulations. Condition #2 -Construct and maintain an entryway sign :The recommendation was based on the following- 1) Council designated this property for entryway sign (draft standards are currently under review); 2) Phase 2 of the plat has been approved by Council and includes the property designated for the sign; 3) Although this is not the preferred side of the road for the proposed sign, it is the only active development application in the area to require the sign and; 4) requirement of the sign would not reduce the allowed signage for the site. Notes: Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Approve Minutes of July 11, 2012 City Council Special Budget Workshop Meeting MEETING NOTES ~ ~PRDVED 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: September 25, 2012 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: Approve Minutes of August 21, 2012 City Council PreCouncil Special Budget Meeting 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 Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 4, 2012 City Council PreCouncil Meetina MEETING NOTES ~ APPROVES 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: September 25, 2012 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Approve Minutes of September 11, 2012 City Council PreCouncil Meeting MEETING NOTES APPROVES 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: September 25, 2012 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Agreement for Professional Services with M.D. Willis for Stenographic Services ~ A~OVED MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 25th day of September, 2012, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter tefetred to as "CITY", whose address is 33 East Broadway Avenue, Meridian, Idaho 83642, and M. D, Willis, Inc., hereinafter refereed to as "Conhactor", whose address is 1695 E. Comisky, Meridian, Idaho, 83642 PREMISES: A. Whereas, as part of its records, CITY desires to produce minutes and verbatim hanscripts of hearings; and, B. Whereas, CONTRACTOR is in the business of providing stenographic services to public bodies, and others who need verbatim transcripts; and C. Whereas, CITY and CONTRACTOR desire to enter into an agreement whereby CONTRACTOR would furnish stenographic services to the CITY. NOW, THEREFORE, the patties hereto agree as follows: ]. Scope of Services: CONTRACTOR shall perform all the necessary services provided under this agreement in connection with taking minutes and testimony at hearings in proceedings before the Meridian City Council and the Meridian City Planning and Zoning Commission. CONTRACTOR agrees to attend four (4) regular City Council meetings each month, and two (2) regular scheduled Plautting and Zoning Commission meetings each month, and at those meetings, to transcribe the proceedings as to produce minutes and verbatim transcripts. CONTRACTOR will furnish to the City Attorney and the Planning Department, within two working days following a given meeting, a rough draft of the transcript. A final transcript shall be futnished to the City Clerk's office with a copy thereof, within five working days following the meeting. In the event CITY requires additional stenographic services beyond the six monthly meetings set forth above, CONTRACTOR agrees to provide such additional services provided that CONTRACTOR receives not less than two days notice prior to such meeting ot• meetings. 2. Contractor Non-Attendance -Emergency: In the event that an emergency or some other event not within CONTRACTOR'S control prevents CONTRACTOR from attending one of the meetings herein, CONTRACTOR'S attendance at that meeting shall be excused and CONTRACTOR shall prepare the minutes/hearing record from audio tapes furnished by the City Clark. In that event, CONTRACTOR shall not be paid the meeting attendance fee but will be compensated for the actual transcription. Agreement for Stenographic Services FY13 -page 1 of 5 CONTRACTOR shall notify the City Clerk as soon as possible regarding the emergency and reason for non-attendance. 3. Time of Performance: The services of CONTRACTOR are to commence on the 15' day of October, 2012 and continue tluough the 30'x' day of September, 2013, unless terminated or renewed. 4. Compensation: CITY shall pay to CONTRACTOR the sum of TWENTY DOLLARS ($20.00) per hour (rounded to the nearest one-half hour) per meeting attendance by CONTRACTOR and further shall send an a-mail attached document transcription attachment and produce an original transcript, one copy thereof, and one Microsoft Word formatted elech•onic copy upon request at SIX DOLLARS ($6.00) per page based upon single spaced with margins of not more than one inch each on all sides on an 81/2" x 11"page with the font to be Arial 12 pitch. 5. Method of Payment: CONTRACTOR will invoice the City of Meridian Accounting Deparhnent at 33 East Broadway Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay al] invoices no later than the ] 5'h day of the month following delivery of the Invoice to CITY. 6. 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 of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 M. D. Willis, Inc, 1695 E. Comisky Meridian, Idaho, 83642 Either party may change then address for the purpose of this paragraph by giving vn•itten notice of such change to the other in the manner herein provided. 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. Agreement for Stenographic Services FY13 -page 2 of 5 9. Time is of the Essonce: 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• Subcontracting: None of the services covered by this agreement shall be subcontracted without the prior written consent of the CITY. CONTRACTOR shall be fully responsible to CITY for the acts and omissions of subcontractors, and of persons either directly or indirectly employed by them, as CONTRACTOR is for the acts and omissions of person directly employed by CONTRACTOR. 1 ] .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. ]2. Discrimination Prohibited: In performing the Services required herein, CONTRACTOR shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Duplication, 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 counhy. The CITY shall have umesU•icted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Termination for Cause: 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 tlris Agreement, 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. In such event, all finished or unfinished documents, data, maps, studies, surveys, drawings, models, photographs and reports prepared by CONTRACTOR under this Agreement shall, at the option of CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstandingthe above, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of this Agreement by CONTRACTOR, and CITY may withhold any payments to CONTRACTOR for the purposes of offset until such time as the exact amount of damages due CITY from CONTRACTOR are determined. This provision shall survive the termination of this Agreement and shall not relieve CONTRACTOR of its liability to CffY for damages. Agreement for Stenographic Services FY13 -page 3 of 5 CITY understands and acknowledges that CONTRACTOR has the right to terminate t due to cause instigated by CITY. In that situation, CONTRACTOR would have the same rights as CITY identified herein. 16. Independent Contractor Status: Both the CITY and CONTRACTOR agree that the relationship created by this agreement is that of independent conhactor and not that of employee and employer. CONTRACTOR is responsible for• the payment of any taxes, including, but not limited to, all federal, state and local personal and business income taxes, sales and use taxes, other business taxes and license fees, arising out of the activities of the CONTRACTOR. CONTRACTOR is responsible to keep in force all necessary public liability instuance and vehicle insurance with carriers which are satisfactory to CITY, and shall hold the CITY harmless from all claims, demands or• suits arising out of the performance of services under this agreement. 17. Insurance: CONTRACTOR will supply CITY with proof of insurance general liability and vehicular liability insurance limits of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000). 18. Construction and Severability: If any pat•t of this Agteement 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. Option to Renew: CITY shall have the option to renew this agreement for successive one year periods provided that CITY notifies CONTRACTOR no later than thirty (30) days before the end of this agreement and any extension or renewal thereof, of CITY'S exercise of such option. 20. );ntire Agreement: This Agreement contains the entire agreement of the patties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith, 21, 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. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Agreement for Stenographic Services FY13 -page 4 of 5 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. DATED AND SIGNED this 25th day of September, 2012. CITY OF MERIDIAN BY: ~~H Gam` Tammy d erd, Mayor /,Tao nu~u~ Attest: /// o~ ,~ $(~ aQ+ 9 ~ 1 / n '111 nCiry of \ IXAXO Holman, City Clerk ~ ~ SEAL e1, i{E M. D. WILLIS, INC. BY: ~ 1 ~I f~~ti.~. M. Dean Willis, President Attest: en Wr fs, Secretary Agreement for Stenographic Services FY13 -page 5 of 5 Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Business Associate Agreement Between Ada County and the City of Meridian ~ ~DVED 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 Ma~~ed ~0 5}acll W~hn e, I° r: r. / ~'7 • }=+J ~-~ Agreement No. ~ '~ ADA COUNTY AND THE CITY OF MERIDIAN ' BUSINESS ASSOCIATE AGREEMENT I~~~ ~~ ~~~ ~ ~, ,. ~ ~r THIS AGREEMENT is entered this ~ day of ~. ~ ~ ~ , 2012, between and its Emer enc Medical Services District, a duly formed and existing ambulance Ada County g y district ursuant to the laws of the State of Idaho (hereinafter "Covered Entity"}, and the City of p Meridian and its Police Department (hereinafter "Business Associate"}. WITNESSETH WHEREAS, sections of the Health Insurance Portability and Accountability Act of 1996 HIPAA}, Known as the "Adminis~ative Simplification Provisions," direct the Department of Health and Human Services to develop standards to protect the security, confidentiality and integrity of health information. Pursuant to those provisions, the Secretary of Health and Hainan Services has issued regulations known as the "HIPAA Privacy Rule;" WHEREAS, to the extent to which Ada County EMS may be a covered entity pursuant to HIPAA and maybe required to enter into a business associate agreement, the Parties wish to enter into or have entered into an arrangement in which the Business Associate will. provide certain services to the Covered Enti ,and since the Business Associate may have access to Protected Health Information in fulfilling its responsibilities under the arrangement, the Parties agree to the provisions of this Agreement in order to address the requirements of the HIPAA Privacy Rule and to protect the interests of both Parties. . NOW, THEREFORE, the parties hereto mutually agree as follows: BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN 2012-13--PAGE 1 n;lemslmeridian city business associatc agreement 2012-13,doc ~ Z I. DEFINITIONS Exce t as otherwise defined herein, any and all capitalized terms in the Agreement shall p have the definitions set forth in the HIPAA Privacy Rule. In the event of an inconsistency between the rovisions of this Agreement and mandatory provisions of the HIPAA Privacy Rule, p as amended, the HIPAA Privacy Rule shall control. where provisions of this Agreement are different than those mandated in the HIPAA Privacy Rule, but are nonetheless permitted by the HIPAA Privacy Rule, the provisions of this Agreement shall control. The Term "Protected Health Information"; means individually identifiable health information, including without limitation, all demographic medical and financial information, data, documentation, and materials, that relate to the past, present or future health status or health care of an individual, and that identifies the individual or with respect to which there is a reasonable basis to believe the information can be used to identify the individual. The Business Associate acknowledges and agrees all the Protected Health Information ' ed or received b the Covered Enti and that is disclosed or made available in any that ~s Great y tY form, including paper, record, oral communication, audio recording, and electronic display by the Covered Entity or its operating units, to the Business Associate, or that is created or received by the Business Associate on the Covered Entity's behalf, shall be subject to this Agreement. II. CONFIDENTIALITY REQUIREMENTS (a) Business Associate agrees; i. To use or disclose any Protected Health Information solely: (1 } for meeting its obligations as set forth in any agreements between the Parties to perform functions, activities, or services for, or on behalf of, the Covered Entity or (2} as required by applicable law, rule or BUSYNESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN 2012-13--PAGE 2 n:lemslmeridian city business associate agreement 2Q12.13.doc regulation or by an accrediting or credentializing organization to whom the Covered Entity is required to disclose such information or (3) as otherwise permitted under this Agreement or the HIPAA Privac Rule and as would be ermitted by the HiPAA Privacy Rule y P if such use or disclosure were made by the Covered Entity; t ii. To ensure that its agents, including any subcontractors, to whom it provides Protected Health Information that is received from or created by the Business Associate on behalf of the Covered Entity, agrees to the same restrictions and conditions that apply to the Business Associate with respect to such information. In addition, the Business Associate agrees to take reasonable steps to ensure that its employees' actions or omissions do not cause the Business Associate to breach the terms of this Agreement; and 111, At the termination of this Agreement, or upon the request of the Covered Entity, whichever occurs first, the Business Associate will return or destroy all Protected Health information received from or created or received by the Business Associate on behalf of the Covered Entity that the Business Associate still maintains in any form and retain no copies of such information, if feasible. If such return or destruction is not feasible, the Business Associate will extend the protections of this Agreement to the information and limit further uses and disclosures to those purposes that make the return or destruuction of the information not feasible. BUSINESS ASSOCIATE AGrREEMENT BEwTEEN ADA CQUNTY EMS AND THE CITY OF MERIDIAN 2012-13 -PAGE 3 n;lemslmeridian city business associate agreement 2012-13.doc e (b) Notwithstanding the prohibitions set forth in this Agreement, the Business Associate may use and disclose Protected Health Information as follows: `~ i. If necessary, for the proper management and administration of the Business Associate or to carry out the legal responsibilities of the Business Associate, provided that as to any such disclosure the following requirements are met; 1. The disclosure is required by law; or 2. The Business Associate obtains reasonable assurances from the person to whom the information is disclosed that it will - be held confidentially and used or further disclosed only as required by law for the purpose for which it was disclosed to the person, and the person notifies the Business Associate of any instances of which it is aware in which the confidentiality ofthe information has been breached; (c} The Business Associate will implement appropriate administrative and h sical safe ands to revent the use or disclosure of Protected Health py ~ P Information other than for those uses or disclosures as permitted in this Agreement, The Secretary of Health and Human Services shall have the right to audit the Business Associates records and practices related to the use and disclosure of Protected Health Information to ensure the Covered Entity's compliance with the, terms of the HIPAA Privacy Rule. The Business Associate shall report to the Covered Entity any use or disclosure of Protected Health - Information which is not in compliance with the terms of this Agreement of BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN 2012-13 -PAGE 4 n;lemslmeridian city business associate agreement 2012-13.doc which it becomes aware, In addition, the Business Associate agrees to mitigate, to the extent practicable, any harmful effect that is known to the Business Associate of a use or disclosure of Protected Health Information by the Business Associate in violation of the requirements of this Agreement. III, AVAILABILITY OF PHI .. The Business Associate agrees to make Protected Health Information available to the extent and manner required by the HIPAA Privacy Rule. The Business Associate agrees to make Protected Health Information available for amendment and incorporate any amendments to Protected Health Information in accordance with the requirements of the HIPAA Privacy Rule. In addition, the Business Associate agrees to make Protected Health Information available far the purposes of accounting of disclosures, as required by the HIPAA Privacy Rule, N. TERMINATION Notwithstanding anything in this Agreement to the contrary, either Party may terminate this Agreement upon thirty (30) days written notice, The Covered Entity shall have the right to terminate this Agreement immediately if the Covered Entity determines that the Business Associate has violated any material term of this Agreement. If the Covered Entity reasonably believes that the Business Associate will violate a material term of this Agreement, and where racticable, the Covered Entity gives written notice to the Business Associate of such belief p within a reasonable time after forming such a belief, and the Business Associate fails to provide adequate written assurances to the Covered Entity that it will not breach the cited term of this Agreement within a reasonable period of time given the specific circumstances, but in any event, before the threatened breach is to occur, then the Covered Entity shall have the right to terminate this Agreement immediately. BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA CdUNTY EMS AND THE CITY OF MERIDIAN 2012-13--PAGE 5 n,lemslmeridian city business associate agreement 2012-13.doc i ,y V. MISCELLANEOUS Exce t as ex ressly stated herein or in the HIPAA Privacy Rule, the Parties to this p P A eement do not intend to create any rights for third parties. The obligations of the Business Associate under this A reement shall survive the expiration, termination or cancellation of this g A reement and/or the business relationship of the Parties, and shall continue to bind the Business g Associate, its agents, employees, contractors, successors and assignees as set forth herein. To the extent it is applicable, both parties agree to abide by the Health Information Technology for Economic and Clinical Health Act of 2009 (the "HITECH Act"}. This Agreement may be amended or modified only in writing, and the amendment or modification must be signed by both Parties. No Party may assign its respective rights and obli ations under this Agreement without the consent of the other Party. None of the provisions g of this A reement are intended to create, nor will.. they be deemed to create, any relationship g between the Parties other than that of independent parties contracting with each other solely for the oses of effecting the provisions of this Agreement and any other agreements between the p~ Parties evidencin their business relationship. This Agreement will be governed by the laws of g the State of Idaho. No change, waiver or discharge of any liability or obligation hereunder on any asions shall be deemed a waiver of erformance of any continuing or other one or more occ P obligation, or shall prohibit enforcement~of any obligation, on any other occasion. The Parties agree that, in the event that any documentation of the arrangement pursuant to which the Business Associate provides services to the Covered Entity contains provisions relating to the use or disclosure of Protected Health Information which are more restrictive than the rovisions of this Agreement, the provisions of the more restrictive documentation will P BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN 201213 -PAGE 6 n:lemslmeridian city business associate agreement 2012-13.doc control. The rovisions of this A Bement are intended to establish the minimum requirements P ~ regarding the Business Associate's use and disclosure of Protected Health Information. In the event that any provision of this Agreement is held by a court of competent ; i ~: ., F •. 'urisdiction to be invalid or unenforceable, the remainder of the provisions of this Agreement ~ J I: Will remain in full force and effect. In addition, in the event a Party believes in good faith that any provision of this Agreement fails to comply With the then-current requirements of the HIPAA Privacy Rule, such party sha11 notify the other party in Writing. For a period of up to thi 30 days, the Parties shall address in good faith such concern and amend the terms of this rty ( } Agreement, if necessary, to bring it into compliance. If, after such thirty (30} day period, the Agreement fails to comply with the HIPAA Privacy Rule, and its requirements, then either Party has the right to terminate upon written notice to the other Party. IN ~ WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. Board of Ada County Commissioners By~ Rick Yzaguirre, an A~S~N~` By; Sh n M. Ullman, Commissioner By; v~ L. Case, Commissioner ATTEST: ~~ ~ ~ Christop er D. Rich, Ada County Clerk BUSINESS ASSOCIATE AGREEMENT BEWTEEN ADA COUNTY EMS AND THE CITY OF MERIDIAN 2012-13 - PACrE 7 n;lemslmeridiancfty business associate agreement 2012-13.doc ~~+ t City of Meridian By: Mayor T de Weerd Mayor of 'than ATTEST: olman, Meridian City 4~Qgp,TED AvC~s~ G~ ~ ~~ ~~~ (~ r- G3ity of SEAL ~~ ~~~ v~~ o~ f~'r~~AS~~~ '~ ~ BUSINESS ASSOCIATE ACrREEMENT BEWTEEN ADA COUNTS EMS AND THE CITX OF MERIDIAN 20 12-13 - PACrE 8 n;lemslmeridiancfty business associate agreement 2012-13.doc Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Blood Draw Agreement Between Ada County and the City of Meridian MEETING NOTES ~ RR~ED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ma~~ed -Iv S}-a inn ~ Ar~A cap{ pax lei#e~ 9~j AdaCountyParamedcs Neighbors for Life September 17, 2012 Peggy Gardner, Administrative Assistant Mayor's Office City of Meridian 33 E. Broadway Avenue, Suite 300 Meridian, ID 83642 Dear Ms. Gardner: 5 F/c-, Enclosed please find two originals each of the Blood Draw Agreement and Business Associates Agreement between the City of Meridian and the Ada County EMS District. Will you please have all of the originals signed and then return all four of the originals to me. Once the Board of Ada County Commissioners sign them in an Open Business meeting and the Ada County Clerk attest them, I will return one completed original agreement to you. Thank you for your help with this matter. If you have any questions, please feel free to contact me. Sincerely, _ Li4l.~ ~~~~ Stacy Winn Office Administrator Enc: Blood Draw Agreement Business Associates Agreement Four Original Documents Troy M. Hagen, Director 370 N. Benjamin Lane Boise, ID 83704 208-287-2950 phone 208-287-2999 fax adaparamedics.org �) AGREEMENT NO. �' (13 D BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY,►ND�C THE CITY OF MERIDIAN, IDAHO ll��'"'''�� THIS AGREEMENT ("Agreement") is entered into this (-]"-day of September, 2012, by and between Ada County Emergency Medical Services District, a duly formed and existing ambulance District pursuant to the laws of the State of Idaho (hereinafter "EMS"), and the City of Meridian, a municipal corporation of the State of Idaho and its Police Department (hereinafter «Cita,"). WITNESSETH WHEREAS, the City requires blood drawing services for the purposes of determining content of alcohol or other intoxicating substances in persons held by law enforcement authorities, pursuant to Idaho Code § 18-8004, or any successor statute thereto; and WHEREAS, EMS is an entity whose personnel are authorized to draw blood for the purposes of determining content of alcohol or other intoxicating substances, and is willing to provide such blood drawing services, NOW THEREFORE, the parties agree as follows: 1. EMS will provide necessary blood drawing services to the City on an on-call basis, 24 hours per day, seven days per week, usually within one hour. 2. The City shall request such services by notifying EMS through EMS dispatch. Notification shall not be made until such time as City personnel are ready for EMS to take the blood draw. 3. EMS will provide such blood draw services at all hospitals located in Ada County and at the Ada County Jail. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN 2012-13 - PAGE 1 n:\ems\blood draw meridian agrmt 2012-13.doo n d. The City shall be required to purchase and provide Blood Draw Kits for use by EMS in drawing blood for evidentiary purposes. EMS shall not be required to provide the Blood Draw Kits. 5. The City will maintain the necessary chain of evidence by retaining visual custody and physical control of the person while blood is drawn, and will retain the chain of possession by maintaining physical control of the Blood Draw Kit and the delivery of the sealed kit to the designated lab for the desired tests. EMS will not offer instruction on the care, custody or control of the blood sample. 6. Once the blood sample has been drawn by EMS, EMS personnel shall initial the blood vials, complete any necessary forms, and shall immediately turn the sample over to City i personnel. 7. EMS will not be required to perform blood analysis, nor shall EMS collect any other bodily fluids or human tissue for evidentiary purposes. 8. In performing blood draw services, under no circumstances will EMS use force upon, or assist in subduing, a subject who physically resists blood drawing. 9. In performing blood drawing services, EMS will not discriminate against any persons on the basis of race, color, religion, sex, national origin, age, or physical handicap. 10. The City shall pay EMS Two Hundred Ten Dollars ($210.00) for each blood draw taken pursuant to this Agreement. 11. Should EMS personnel be subpoenaed to testify in any court proceeding or deposition regarding any blood draw performed pursuant to this Agreement, and should such personnel then appear in response to said subpoena, the City will pay EMS an additional Two G Hundred Dollars ($200.00). If EMS personnel are subpoenaed to testify and such proceeding is BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN 2012-13 - PAGE 2 nAems\blood draw meridian agrmt 2012-13.doo k vacated or cancelled with sufficient notice to allow EMS personnel to be notified of such vacation or cancellation, then no additional fee will be charged. For the purposes of this Agreement, forty- eight (48) hours notice in advance of the scheduled testimony is deemed to be sufficient notice. 12. The subpoena process shall be coordinated by the EMS Administrative Secretary. Subpoenas shall be sent to the named EMS Paramedic, in care of Ada County Emergency Medical Services, 370 N, Benjamin Lane, Boise, Idaho 83704, or shall be hand delivered to 370 N. Benjamin Lane, Boise, Idaho 83704. All correspondence related to blood draws, subpoenas, or court appearances shallbe directed to the Administrative Secretary. 13. EMS will invoice the City on a monthly basis for services rendered in connection with this Agreement, Such invoice shall be paid by the City within thirty (30) days of receipt of said invoice. 14. Term of Agreement: The services to be.performed under this Agreement shall commence on the date written above and shall terminate on September 30, 2013. The Agreement may be terminated by either party upon thirty (30) days written notice. In the event this Agreement should be terminated, EMS shall have no claim against the City other than for services due and owing up to the date of termination. This Agreement may be renewed for additional one-year terms. 15. 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: The City of Meridian Ada County EMS 33 East Broadway Ave., Ste 300 370 N. Benjamin Lane Meridian, Idaho 83642 Boise, Idaho 83704 BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND TIE CITY OF MERIDIAN 2012-13 - PAGE 3 Oems\blood draw meridian agrmt2012-13.doo 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. 16. Assignment: It is expressly agreed and understood by the parties hereto, that EMS shall not have the right to assign, transfer, hypothecate, or sell any of its rights under this Agreement except upon the prior written consent of the City. 17. Compliance with Laws: This Agreement shall be governed by and construed and enforced in accordance with the laws of the state of Idaho. In performing the scope of services required hereunder, EMS shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments, including but not limited to, the Health Insurance Portability and Accountability Act of 1996 CHIP"'). 18. Indemnification Defense, and Insurance: EMS understands that it is afforded certain protections pursuant to Idaho Code §§ 18-8002(6) and (6)(a). The City, notwithstanding these protections, hereby agrees to hold Ada County and Ada County EMS, its officers, agents, and employees harmless and agrees to provide any necessary legal defense from and against all claims, liabilities, causes of action, or penalties, arising out of any requests for blood samples by law enforcement officers or any blood drawing services provided pursuant to this Agreement, including, but not limited to, claims for assault, battery, false imprisonment, and violations of constitutional or civil rights arising under the United States or Idaho Constitutions, statutory or common law; however, nothing in this paragraph shall relieve EMS from any legal liability and/or defense costs arising out of or in connection with claims for negligence in the performance of the services described herein. Ada County is a self-insured entity. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN 2012-13 - PAGE 4 nAemftlood draw meridian agmt 2012-13.doo n 19. EMS shall be considered an independent contractor for the City, and shall retain all discretion concerning the procedures to be used to properly draw blood. As an independent contractor, EMS shall not be considered an employee of the City, and therefore, shall not be entitled to any personnel benefits nor be subject to the provisions of the City's Personnel Policy. 20. The Agreement between the City and EMS is independent of any employment EMS currently has with any other entity, and said entity shall not be considered a party to this Agreement and has not approved of nor consented to any of the terms or conditions set forth herein. 21. . EMS hereby agrees to take all measures necessary to continue to be so qualified during the term of this Agreement. All costs incurred in maintaining such qualifications, including, but not limited to, costs of training, testing, and licensing, if any there may be, shall be bome by EMS. If EMS either is not so qualified at the time of execution of this Agreement, or does not remain continuously so. qualified throughout the term of this Agreement, EMS will be held to have materially breached this contract. 22. Entire Aare _ement: This Agreement constitutes the entire agreement of the parties and supersedes any and all other Agreements or understanding, oral or written, whether previous to the execution hereof or contemporaneous herewith. IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year written above. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN 2012-13 - PAGE 5 Oems\blood draw meridian agrmt 2012-13.doe I Board of Emergency Medi 1 Services District By: Rick Yzaguirre, irman ' E By. ABSENT n M. Ullman, Commissioner By: A10 —PJkP L. Case, Commissioner ATTEST: l�� Christopher D. Rich, Ada County Clerk BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN 2012-13 - PAGE 6 ' n:lemslbtood draw meridian agrmt 2012-13.doo ATTEST: / / 9 Meridian City Clerk City of Meridian By: Tammyeerd Mavor o eridian Go�o,VLnrsDAjfQ& r �P Gtyof IDAHO SEAQ. BLOOD DRAW AGREEMENT BETWEEN ADA COUNTY AND THE CITY OF MERIDIAN 2012-13 - PAGE 7 Oems\blood draw meridian agrmt 2012-13.doo Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: Contract for Records in Bulk with the Idaho Transportation Department for Motor Vehicle Registrations ~' APPROVED MEETING NOTES Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS _ h-ca,~ 13~~ T~,avi~s~n Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: Contract for Records in Bulk with the Idaho Transportation Department for Motor Title Records ~ ~PPDED MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~ ~ W 1"l0.~lC 1 or~(J ~ ~ _ . 1 v101'y~ C~y ~ ~ 1 1J ~ '/ Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 5~ PROJECT NUMBER: ITEM TITLE: Contract for Records in Bulk with the Idaho Transportation Department for Commercial Vehicle Registration Information MEETING NOTES ~~ ~ A D Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS "I ~ ~ ~ ~ job "Thompson ~ ~Tb peN le-~Fe~ ~ N~I ~l~ IDAHO TRANSPORTATION DEPARTMENT P.O. Box 7129 Boise ID 83707-1129 (208) 334-8000 itd.idaho.gov September 4, 2012 MIKE TANNER SR. APPLICATIONS DATABASE DEVELOPER CITY OF MERIDIAN 33 E BROADWAY MERIDIAN, ID 83642 Dear Mike: The Idaho Transportation Department (ITD) is modernizing our computer hardware and software systems and processes. With the modernization of ITD's systems, the process of receiving records in bulk will be changing. All changes will be effective February 1, 2013. ITD has determined that with the computer modernization now is the appropriate time to update all Contracts for Purchase of Records in Bulk. Review the enclosed contract, complete all blanks, sign and return to our office for execution by October 31, 2012. This will insure that your company will continue to receive your data files without interruption. All contracts will be reviewed by the Attorney General's Office for approval and an executed copy will be returned upon request. Please indicate in a cover letter the intended purpose for this information. Make note that all current data retrieval processes will remain in effect until February 1, 2013. The completed and signed Contract must be received in this office by October 31, 2012 to allow sufficient time for our office to update your file and make necessary programming changes to insure uninterrupted service. More information regarding the changes data retrieval will be sent closer to the change effective date. If you have questions, please call Peggy at 208-334-8741 or Cathy Smith at 208-334-8601. Sincerely, BOB THOMPSON Economics and Research Manager Attachments Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 5K PROJECT NUMBER: ITEM TITLE: Professional Services Agreement between Idaho Division of Building Safety and City of Meridian for Mechanical Plan Review and Inspection Services 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 oaHv September 20, 2012 TO: Mayor De Weerd C[ty Council Members FROM: Emily Kane, Deputy City Attorney RE: Updated Professiona[ Services Agreement between Idaho Division of Building Safety and City Of Ivletidian for Mechanical Plan Review and Inspection Services The attached Professional Services Agreement between Idaho Div[sion of Building Safety (DBS) and City of Merid[an for Mechanical Plan Review and Inspection Services is [ntended to supersedeand replace a similar version of this agreement that was executed by the parties on September 4, 2012. Th[s updated version was negotiated in order to clarify the following provisions: 1. Section III(A). Modified provision to clarify that the term of the agreement starts October 1, 2012, rather Phan upon execution, to effectuate that mutual [ntention of the parties. 2. Section III(E). Added sentence; "Contia4tor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement, though it shall prov[de all required inspection and plan review services related to such permits .through issuance of Certificate of Occupancy" to clarify that DBS w[Il not be entitled to payment for inspections on permits that were pulled prior to the effective date of the agreement. 3: Section III(M). At DBS request, replaced standard indemnification clause withliability pi~ovis[on that reflects DBS authority as government entity. 4. SectionlIl(ly). Added sentence: "Th[s agreement supersedes, terminates, and otherwise renders null and void any and all prior agreements or contracts entered into between the Parties with respect to the matters herein expressly set forth, specifically to include the version executed by the Panties on September 4, 2012" [n order to makes it clear that this agreement replaces and supersedes the September 4 version of this agreement. 5, Exhibit A, former Section I(H), Kemoved requirement that DBS will track and .report expired permits, since Accela software is now programmed to provide this service automatically, certifications required by section I. (D) herein. Contractor shall notify the City-Contractor Liaison of any and all such designations. C, Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth inExhibitA, Scope afServices, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Mechanical field inspectors shall be certified per section I.(D)(1)(2) herein. Mechanical plan reviewers shall be certified per section L(D)(3) herein. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as required by Idaho Code Title 54, Chapter 50, and 54-5021; within thirty (30) days of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as required herein._City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At al] limas throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: I. ICC Commercial Mechanical Inspector; 2. ICC Residential Mechanical Inspector; 3. Within six (6) months of execution of this Agreement, ICC Mechanical Plans Examiner; 4. Any and all other certifications required by law. E. Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform administrative tasks required under Exhibit A, Scope of Services. F. Cell Phone. Conh~actor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City- Contractor Liaison for City's use in administering this Agreement. G. Prohibited Services; Conflicts of Interest. Conh~actor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is PROFESSIONAL SERVICES AGREEMCNT FOR MECHANICAL PLAN REVIEW AND INSPP.CTION SERVICES PAGE 2 OF 16 certifications required by section I. (D) herein. Conhactor shall notify the City_Contractor Liaison of any and all such designations. C. Contractor's Employees, Contractor's employees, designees, subcontractors, and delegee shall be bound by ail of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Mechanical field inspectors shall be certified per section L(D)(1)(2) herein. Mechanical plan reviewers shall be certified per section I.(D)(3) herein. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as required by Idaho Code Title S4, Chapter 50, and 54-5021; within thirty (30) days of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as required herein._City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian, D. Qualifications, At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: 1. ICC Commercial Mechanical Inspector; 2. ICC Residential Mechanical Inspector; 3, Within six (6) months of execution of this Agreement, ICC Mechanical Plans Examiner; 4• Any and all other certifications required by law. E. Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to per~oam administrative tasks required under Exhibit A, Scope of Services. F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City- Contractor Liaison for City's use in administering this Agreement. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is PROFP.SSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPP.CTION SERVICES PAGE 2 OF ] 6 inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Cont~~actor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H. Public Records. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office where such information is maintained by Contractor in a location or format not readily accessible by City. Contractor shall, upon request, prepare and provide to City all data collected and/or repor4s prepared regarding services conducted under this Agreement. I. State's Insurance. The Division of Building Safety (Contractor) is a State of Idaho agency and provides liability coverage for public liability, personal injury, death, and property damage through the Risk Management Program established under Idaho Code section 67-5776, which is funded and in effect subject to limitation on liability of the Tort Claims Act, Idaho Code sections 6-901 et seq. J. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. K. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Tablet I'Cs and Related Equipment Issued to Contractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City-issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessazy due to internal component failure. All City-issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE3oF16 II. RBSPONSIBILITIGS OF CITY. A. Incidental Oftice Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. City-Contractor Liaison. City shall designate a City employee to act as aCity-Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day adminishative matters related to Conhactor's services under this Agreement, City shall provide to Contractor the name, a-mail address, and telephone number of the City-Contractor Liaison, III. GC' NERAL PROVISIONS. A. Term, This Agreement shall become effective on October 1, 2012, and shall expire on September 30, 2015, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term maybe extended by separate written addendum, duly executed by both parties. B. Appropriation. By signing this Agreement both parties understand and agree that Division and City are governmental entities. This Agreement shall in no way or manner be construed so as to bind or obligate Division, City, or the State of Idaho beyond the term of any particular appropriation of funds by the Idaho Legislature or Meridian City Council as may exist from time to time. Each party reserves the right to terminate the agreement if, in its sole judgement, the legislature of the State of Idaho or the Meridian City Council, as the case may be, fails, neglects, or refuses to appropriate sufficient funds as may be required for the Division or City to continue their required performance under the agreement. Any such termination shall take effect on sixty (60) days prior notice and be otherwise effective as provided in this Agreement. C. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract, 1. Sixty-five percent (65%) of all commercial and residential mechanical permit fees collected by the City annually. D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Conhactor may charge PROt:ESSIONAL SF.RVICF.S AGREEMENT rOR MECHANICAL ALAN REVIEW AND 1NSPECTION SERVICGS PAGE 4 of 16 City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhtbtt C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement, though it shall provide all required inspection and plan review services related to such permits through issuance of Certificate of Occupancy. Contractor shall be entitled only to Contractor's allocated share of permit revenues for inspections provided during the term of this Agreement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00} for each business 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. G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. 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 shall be deemed an employee of City in any manner or for any purpose, Specifically, without limitation, Contractor understands, acknowledges, and: 1, Contractor is free from actual and potential control by City in the provision of services under this Agreement. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. PROFESSIONAL SGILVICES AGREEMENT FOR MECHANICAL PLAN REVIEW ANP INSPECTION SERVICES PAGE 5 OF 16 I 7. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be fitrnished by Contractor, with the exception of the incidental items to be furnished by City as set forth heroin. 10. Contractor will not be eligible for any Federal Social Security, State Workrnan's Compensation or unemployment insurance payment from the City or charged to City's account. 1, Notice. Communication between the City-Contractor Liaison and Contractor regarding day-to- day and administrative matters shall occur via a-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Attn: Development Services Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Idaho Division of Building Safety Attn; Administrator 1090 E. Watertower Street, Suite 150 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the propose of this paragraph by giving written notice of such change to the other party in the manner herein provided. J. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for• any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non- terTninatingparty shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. 3. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described PROFESSIONAL SERVICFS AGREEMENT FOR MECHANICAi. PLAN REVIEW AND INSPECTION SERVICES PAGE 6 of 16 under this Agreement for an additional thirty (30) business days or for such period as the ~' parties may agree. During the additional thirty-day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor $50, 00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15-minute increments, City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4. Changed Conditions, City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to beheld by Contractor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. E If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and aHer receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or i. If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPP,CTION SERVICES PAGE 7 OF 16 K. Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L, Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or bylaw shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided bylaw or under this Agreoment. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any otlrer instance. M. Liability. City and Division each shall be responsible only for the acts, omissions or negligence of its own officers, employees or agents. Nothing in this Agreement shall extend the responsibility or liability of either City or Division beyond that xequired by the Idaho Tort Claims Act. Each party shall defend itself against any claims that arise solely from wrongful acts, omissions or negligence of its officers, employees, or agents in the course of the performance of this Agreement, but shall not assume responsibility for the acts, omissions or negligence of the other party or the other party's officials, employees, agents and volunteers. Each party shall promptly notify the other party of any claim arising under this Agreoment and shall cooperate fully with the defending party or its representatives in the defense of such claims. N. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City, Any subconhactor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement, City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in Its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. O. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This agreement supersedes, terminates, and otherwise renders null and void any and al] prior agreements or contracts entered into between the Parties with respect to the matters herein expressly set forth, specifically to include the version executed by the Parties on September 4, 2012. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Pazties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disaUility, or age. PROFESSIONAL SERVICES AGRBEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 8 OF 16 R. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. S. Attorney Fees. In the event an action, suit, or proceeding, including appeal there from, is brought for failure to observe any of the terms of this Agreement, the non-prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. IDA=:~ I ~ F B LD~ING SAFETY, INC.: C. Kelly Pearce, Administrator CITY OF MERIDIAN: ~~ ~~ Tammy We d, Mayor Attest: ciryoe 'rE IDIAI` io~xo SEAL a~ ~~~ernu+°/ PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 9 OF 16 EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall perform comprehensive commercial and residential mechanical and energy plan reviews prior to permit issuance, and perform detailed mechanical inspections for any and all building projects in the City of Meridian. These plan reviews and inspections are to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. I. SERVICES PROVIDED BY CONTRACTOR. A, Plan Review. Contractor shall be responsible for performing comprehensive commercial and residential mechanical and energy plan reviews prior to permit issuance, for any and al] building projects in the City of Meridian. Plan review shall be performed before permits are issued. Contractor shall ensure that the approved plans are on-site prior to performing mechanical inspections. B. Field Inspections. Contractor shall perform field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m. and 8:00 a.m, on a City business day shall be performed that day, Each and every field inspection requested between 8:00 a.m, and 11:59 p.m. on a City business day shall be performed the next business day. Each and every field inspection requested on anon-business day shall be performed the next business-day. C. Certification of Project Value. Contractor shall review submitted Certificates of Valuation for• all projects to ensure accurate valuation. If project scope change occurs, Contractor shall notify the City-Contractor Liaison so that proper adjustments in submittals and valuations are achieved, D. Compnterized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the tracking database, including, but not limited to, plan review, plan review comments, field inspections and re-inspections, inspection notes, pass/fail status, and fmal inspection status. Contractor shall also conduct research as needed for archived information. Contractor shall specify regular or double inspection fees as required, Data entry for every mechanical inspection shall immediately be entered following the completion of the inspection. E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and a-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City, Contractor shall respond to voice mail and a-mail messages within one (1) business day. F. Code Amendments and Technological Advancement, Contractor shall monitor legislation and technical developments that may affect the building industry. This may include, but shall ~, not be limited to, attending meetings, conferences, workshops, and paining sessions to become PROFESSIONAL SERVICES AOREEMHNT FOR MECnANTCAL PLAN REVIEW AND INSPECTION SERVICES PAGE 10 of 16 and remain current on principles, practices, and new developments. Contractor shall be responsible for all associated costs. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Contractor has knowledge, as well as the current International Building Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. H. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1. MECHANICAL PLAN REVIEW a. Commercial Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications. (2) Contractor shall provide mechanical and energy plan review comments, redlines, re- submitta] requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City, (3) City staff shall install the initial electronic plan files into the city database for all projects requiring mechanical and energy plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for• construction. (4) Contractor shall perform plan review for compliance with the most current version of "Com Check" for the mechanical systems and equipment on all commercial projects. b. Tenant Improvement Projects (1) Contractor shall perform plan review for tenant improvement projects. (2) Contractor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, Contactor shall complete "Fast Track Tenant Improvement" projects no more than throe (3) business days after receipt of complete application, City will notify Contractor of "Fast Track Tenant Improvement" projects tluough notification in the City's ~, computerized permit tracking program. PROFESSIONAL SERVICES AGREEML'-N•I• FOR MECrIANICAL PLAN REVIEW AND ]NSPECTION SERVICES PAGE 1 I OF I6 (3) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. (4) Contractor shall perform plan review for compliance with the most cunent version of "Com Check" for the mechanical systems and equipment on all commercial projects. (5) City staff shall install the initial elechonie plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install a[1 resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. c, Residential Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications. (2) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to mechanical designer, contractor, owner of recol•d, and to City. Contractor shall archive same in the manner and in the location specified by City. (3) Contractor shall install the initial electronic plan files into the city database for all projects requiring mechanical plan review, Contractor shall be responsible to instal] all resubmitted plan files and documents in the same city database, Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Contractor shall perform plan review for compliance with the most current version of "Res Chock" and/or prescriptive or performance based energy submittals for the building envelope and mechanical systems and equipment for all residential projects. (5) Contractor shall perform a WL•ightSoft, or equivalent, energy plan review on all new single family homes and maintain records of these specific energy plan reviews per Idalro Statute record retention laws for residential. 2. MECHANICAL INSPECTIONS a. Commercial and Residential Projects PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 12 of 16 (1) Contractor shall perform all mechanical and energy inspections for commercial and residential projects, from initial inspection through fmal inspection. Clty shall provide al] pass/fail inspection tags, and notices for Contractor use. (2) Inspection requests received prior to 8:00 a.m. on a business day shall be performed the same business day, If the request is received on anon-business day, the inspection shall be performed the next business day. (3) Contractor shall sign off for final mechanical inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. (4) Contractor shall input all mechanical inspection information into the tablet PCs using the City's Accela software immediately following the inspection. This shall include, but not be limited to specific information related to inspection, correction notices, and r•e-inspection. (S) Contractor shall perform as many inspections as necessary on any permit. Contractor may assess re-inspection fees, per the adopted fee schedule, if items from a previous correction notice are not corrected when a new inspection is requested. II. SERVICE LEVEL EXPECTATIONS. s A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all tirnes: 1. Display aCity-issued photo identification badge.. 2. Provide aCity-issued business card during field inspections, as appropriate. 3. Dress professionally, While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc,) any business other than IDAHO DIVISION OF BUILDING SAFETY, Inc. 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAG$ 13 OP 16 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and ~'" timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; heat all customers and co- workers fault', equally, and as you would want to be heated; and avoiding gossip or passing information of a confidential or private nature. );xcellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes, PROFESSIONAL SERVICES AGREEMENT FOR MGCI{ANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE lA OF 16 EXHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR = s a - _ 9 ~= 100558 _ .-~= - ~~_ - - - Motion Com utin Tablet 100563 Motion Com uting Tablet 100565 Motion Com uting Tablet 100572 HP Mobile Printer 100573 HP Mobile Printer 09561 200W Power Inverter 09558 200W Power Inverter N/A Misc. Chargin ada ters and tablet cases for each unit PROFGSSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND [NSPECT70N SERVICES PAGE I5 OF 16 EXAIBIT C PAYMENT SCHEDULE MECHANICAL INSPECTION -PAYMENT SCHEDULE T e of Permit Milestone Amount to be aid Mechanical Commercial -New Mechanical Residential -New Permit issuance 70% of fees due Conhactor Final inspection, signified by "approved" status in Accela 30% of fees due Contractor All other permit types Permit issuance 100% of fees due Contractor PROFESSIONAL SERVICES AGREEMENT FOR MECHANICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 16 OF 16 Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: Professional Services Agreement between Idaho Division of Building Safety and City of Meridian for Electrical Plan Review and Inspection Services MEETING NOTES ~ ARO Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor Tammy de Weerd Clty Council Members: Keith Bird Drad Hoaglun CIlaYIP.S I~eUnlYOe bavid Zaremba September 20, 2012. TO. Mayor De Weerd City Council Members FROM: Emily Dane, Deputy City Attorney Rl;: Updated Professional Services Agreement betweenldaho Division ofBttildittg Safety and City of Meridian for Electrical Plan Review and Inspection Services The attached Professional Services Agreement between Tdaho Division pf Building Safety (DBS) and City of Meridian for Electrical Plan Review and Inspection Seivices is intended to supersede and replace a similar version ofthis agreement that was executed by the parties on September 4, 2012. This updated version was negotiated in order to clarify the following provisions: 1. Section III(A). Modified provision to clarify that the term of the agreementstarts October I, 2012, rather than upon execution, to effectuate that mutual intention ofthe parties. 2. Section III(Q). Added sentence; "This agreement supersedes, terminates, and otherwise renders null and void any and all prior agreements or contracts entered into between the Parties with respect to the matters herein expressly set forth, specifically to include tkre version executed by the Parties on September 4, 2012" in order to makes it clear that this agreement replaces and supersedes the September4 version ofthis agreement. 6. Section III(M). At DBS request, replaced tandard indemnification clause with liability provision that reflects DBS authority as goverrrmententity, 3. Section III(F'), Added sentence; "Contractor shall not be entitled to payment forpermits already pulled and aotive: as of the effective date ofthis Agreement, though it shall provide all required inspection and plan review services related to such permits through issuance of Certificate of Occupancy" to clarify that DBS will not be enfitled to payment for inspections on permits that were pulled prior to the effective date of the agreement. 4. Exhibit A, Former Section I(A). Removed requirement that DBS wil l track and report expired permits, since Accela software is now programmed to provide this service automatically.. PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN IDAHO DIVISION OF BUILDING SAFETY AND CITY OF MERIDIAN FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES ("Agreement") is made and entered into this 25 day of ~~, 2012, by and between Idaho Division of Building Safety ("Contractor") whose address is 1090 East Watertower Street, Suite 150, Meridian, Idaho and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS the Division is self-governing agency of the State of Idaho having statutory authority under Idaho Code sections 54-1001C and 67-2601A to enter into contracts with a municipality for the purpose of performing mechanical inspector and mechanical plan review services; and WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and WHEREAS the Division though its statutory authority and pursuant to the terms of this Agreement has also determined that it is in the best interest of the Division to enter into such an Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications required by section I. (D) PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 1 OF 16 herein. Conh~actor shall notify the City-Contractor Liaison of any and all such designations. C, Contractor's Employees, Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Conh•actor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. The "assigned" or "designated" electrical plan reviewer(s) for the City of Meridian shall be certified as stated per section I.(D)(3) herein. All electrical inspectors "assigned" or designated" for the City of Meridian shall be certified per section I. (D)(1)(2) herein. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as required by Idaho Code Title 54, Chapter 10, and 54-1019; within thirty (30) days of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as required herein, City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D, Qnalifications, At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Association of Electrical Inspectors (IAEI) certifications: 1. IAEI Certified Electrical Inspector -General (21i); 2. IAEI Certified Electrical Inspector Master (CEI-M) or obtain within 1 year of execution of this agreement; 3. IAEI (NCPCCI) Plan Review Certified (2C) or obtain within 6 months of execution of this agreement; 4, Any and all other certifications required by law. E. Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City ~' Hall during City business hours to perform administrative tasks required under Exhibit A, Scope of Services. PROFBSSIONAL SERVICES AGREEMENT FOR T?LGCTRICAL PLAN REVIEW AND TNSPECTION SERVICES PAGE 2 OF 16 F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City-Contractor Liaison for City's use in administering this Agreement. G, Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Conriactor or that falls under the inspection responsibilities of Contractor as contemplated by this agreement. Conh~actor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement, Contractor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H, Public Records.. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office where such information is maintained by Contractor in a location or format not readily accessible by City. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreomont. I, State's Insurance. The Division of Building Safety (Contractor) is a State of Idaho agency and provides liability coverage for public liability, personal injury, death, and property damage tluough the Risk Management Program established under Tdaho Code section 67-5776, which is funded and in effect subject to limitation on liability of the Tort Claims Act, Idaho Code sections 6-901 et seq. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services perfolrned under this Agreement. When performing services under this Agreement, Conhactor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. K. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Tablet PCs and Related Equipment Issued to Contractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than celhdar telephones is prohibited while in the office. No personal PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PACE 3 of 16 ( electronic files of any kind may be stored on City-issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon Termination or expiration of this Agreement. II. RESPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services, City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft-Bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B, City-Contractor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, a-mail address, and telephone number of the City-Contractor Liaison. III. GENERAL PROVISIONS. A. Term. This Agreement shall become effective on October 1, 2012, and shall expire on September 30, 2015, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agrcement. This Agreement term may be extended by separate written addendum, duly executed by both parties. B, Appropriation. By signing this Agreement both patties understand and agree that Division and City are governmental entities. This Agreement shall in no way or manner be construed so as to bind or obligate Division, City, or the State of Idaho beyond the term of any particular appropriation of funds by the Idaho Legislature or Meridian City Council as may exist from time to time, Each party reserves the right to terminate the agreement if, in its sole judgment, the legislature of the State of Idaho or the Meridian City Council, as the case maybe, fails, neglects, or refuses to appropriate sufficient funds as maybe required for the Division or City to continue their required performance under the agreement. Any such termination shall take effect on sixty (60) days prior notice and PROFESSIONAL SPRVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE a OP 16 be otherwise effective as provided in this Agreement. C. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by Meridian City Council. The City reserves the right to terminate the Agreement if the Meridian City Council fails, neglects, or refuses to appropriate sufficient funds as may be required for City to continue its required performance under this Agreement. If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically, with no, consequence to the City, on the last day of the last fiscal year of appropriated funds. D, Revenue Allocation. Contractor shall be entitled to the following shares of electrical permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this conttact; Sixty-five percent (65%) of all commercial and residential electrical permit fees collected by the City annually. 1;. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50,00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided withorrt City's prior written approval or request. F, Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhtbtt C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone, City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement, though it shall provide all required inspection and plan review services related to such permits through issuance of Certificate of Occupancy. Contractor shall be entitled only to Contractor's allocated share of parmit revenues for inspections provided during the term of this Agreement. G, Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business 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, PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 5 OF 16 H. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. I, Independent Contractor. 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 shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. ConU•actor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, ox othel• leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set folth herein. 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. J. Notice. Communication between the City-Contractor Liaison and Contractor regarding day-to-day and administrative matters shall occur via a-mail or telephone. All other PROFESSIONAL SERVICES AGREEMENT FOR ELECTRTCAL PLAN REVIEW ANb INSPECTION SERVICES PAGE 6 OF 16 t' notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Attn: Development Services Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Idaho Division ofBuilding Safety Attn: Administrator 1090 E. Watertower Street, Suite 150 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. K. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non-terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. 3, Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thirty-day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including rime records containing date, service provided, and time expended, recorded in 15-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as maybe established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services arc no longer allowable or appropriate for purchase under this Agreement; PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 7 OF 16 If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Contractor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Faihrre of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. L. Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. M. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver, The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. N. Liability. City and Division each shall be responsible only for the acts, omissions or• negligence of its own officers, employees or agents. Nothing in this Agreement shall PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND iNSPECTiON SERVICES PAGE 8 OF 16 (" extend the responsibility or liability of either City or Division beyond that required by the Idaho Tort Claims Act, Each party shall defend itself against any claims that arise solely from wrongful acts, omissions or negligence of its officers, employees, or agents in the course of the performance of this Agreement, but shall not assume responsibility for the acts, omissions or negligence of the other party or the other party's officials, employees, agents and volunteers. Each party shall promptly notify the other party of any claim arising under this Agreement and shall cooperate fully with the defending party or its representatives in the defense of such claims. O, Assignment. The Contractor may not subcontract, assign, or• transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement, City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, deterTnines that the proposed transaction would not serve the best interest of the City of Meridian. Tho provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. P. Severabillty. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in al] respects as if any invalid or unenforceable provision were omitted. Q• Entire Agreement; Modification. This agreement supersedes, terminates, and otherwise renders null and void any and all prior agreements or contracts entered into between the Parties with respect to the matters herein expressly set forth, specifically to include the version executed by the Parties on September 4, 2012. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. R. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. S. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. T. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, the non-prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. U. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict j of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted PROFESSIONAL SERVICES AGREEMCNT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 9 OF 16 IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. IDAHO DIVISION OF BUILDING SAFETY: C. Kelly Pearce, Administrator CITY OF MERIDIAN: Tammy de ,Mayor o~o~TeDAUO\ 3~ Attest: ~ ,.c+ryae rA ~~ ~ City Clerk ~°o.,,, Tw~~,o~'~~y PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 10 OF 16 EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall perform comprehensive commercial and residential electrical plan reviews, and lighting (Cum Check) energy plan reviews prior to permit issuance, and perform detailed electrical inspections for any and all building projects in the City of Meridian. These plan reviews and inspections arc to unsure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. I. SERVICT;S PROVIDI',D BY CONTRACTOR. A. Plan Review. Contractor shall be responsible for performing comprehensive commercial and residential electrical and lighting energy plan reviews for any and all building projects in the City of Meridian. Plan review shall be performed before permits are issued. Contractor shall ensure that the approved plans are on-site prior to performing electrical inspections. B, Fiold Inspections. Conhactor shall perform field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m. and 8:00 a.m, on a City business day shall be performed that day. Each and every field inspection requested between 8; 00 a.m. and 11:59 p.m. on a City business day shall be performed the next business day. Bach and every field inspection requested on a non-business day shall be performed the next business day. C. Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all projects to ensure accurate valuation Tf project scope change occurs, Contractor shall notify the City-Contractor Liaison so that proper adjustments in submittals and valuations are achieved. D. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the tracking database, including, but not limited to, plan review, plan review comments, field inspections and re-inspections, inspection notes, pass/fail status, and final inspection status. Contractor shall also conduct research as needed for archived information. Contractor shall specify regular or double inspection fees as required. Data entry for every electrical inspection shall immediately be entered following the completion of the inspection. E, Administrative Taslcs. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and a-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and a-mail messages within one (1) business day. PROFF.SSiONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSFECPION SEAViCPS PAGE 11 OF 16 ~' F. Code Amendments and Technological Advancement. Contractor shall monitor legislation and technical developments that may affect the building industry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain cunent on principles, practices, and new developments. Contractor shall be responsible for all associated costs. G. Code Compliance. Contractor shall assisC City in enforcing appropriate ordinances, including ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Contractor has knowledge, as well as the current International Building Codes, and the National Electrical Code adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations, H. Process and Performance Standards, Contractor shall provide services in accordance with the following process and performance standards: I. ELECTRICAL PLAN REVIEW a. Commercial Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications. (2) Contr•actor• shall provide electrical and energy plan review comments, redlines, re-submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City, (3) City staff shall install the initial electronic plan files into the city database for all projects requiring electrical and energy plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Contractor shall perform plan review for compliance with the most current version of "Com Check" for the electrical systems and equipment on all commercial projects. b. Tenant Improvement Projects (1) Contractor shall perform plan review for, tenant improvement projects. (2) Contractor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, PROFESSIONAL SERVICES AGREEMENT POR ELECTRICAL PLAN REVIEW AND tNSPECTION SERVICES PAGE 12 OP 16 Contractor shall complete "Fast Track Tenant Improvement" projects no more than three (3) business days after receipt of complete application. City will notify Contractor of "Fast Track Tenant Improvement" projects through notification in the City's computerized permit tracking program. (3) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. (4) Contractor shall perform plan review for compliance with the most cunent version of "Com Check" for the electrical systems and equipment on all commercial projects. (5) City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. 2. ELECTRICAL INSPECTIONS a, Commercial and Residential Projects (1) Conhactor shall perform all electrical and energy inspections for commercial and residential from initial inspection through final inspection. City shall provide all pass/fail inspection tags, and notices for Contractor use. (2) Inspection requests received prior to 8:00 a.m. on a business day shall be performed the same business day. If the request is received on anon-business day, the inspection shall be performed the next business day. (3) Contractor shall sign off for final electrical inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. (4) Contractor shall input all elecirical inspection information into the tablet PCs using the City's Accela software immediately following the inspection. This shall include, but not be limited to specific information slated to inspection, correction notices, and re-inspection. (5) Contractor shall perform as many inspections as necessary on any permit. Conh~actor• may assess re-inspection fees, per the adopted fee schedule, if PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 13 OF 16 items from a previous correction notice are not corrected when a new inspection is requested. II. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display aCity-issued photo identification badge. 2. Provide aCity-issued business card during field inspections, as appropriate. 3, Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than Idaho Division of Building Safety. 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments, 3. Respect: Contractor personnel are asked to be hustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT' FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 14 OF l6 EXHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR 100556 L Motion Computing Tablet 100566 Motion Computin Tablet 100564 Motion Computin Tablet 100577 HP Mobile Printer 09560 200W Power Inverter 09557 200W Power Inverter 09575 200W Power Inverter N/A Misc. Charging ada ters and tablet cases for each unit PROFESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 15 OP 16 EXHIBIT C PAYMENT SCHEDULE ELECTRICAL INSPECTION -PAYMENT SCHEDULE T e of Permit Milestone Amoant to be aid Electrical Commercial -New Electrical Residential -New Permit issuance 70% of fees due Contractor Final inspection, signified by "approved" status in Accela 30% of fees due Contractor All other permit types Permit issuance 100% of fees due Contractor PROI'ESSIONAL SERVICES AGREEMENT FOR ELECTRICAL PLAN REVIEW AND INSPECTION SERVICES PAGE 16 of 16 Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 5M PROJECT NUMBER: ITEM TITLE: Professional Services Agreement between Whitman & Associates, Inc. and the City of Meridian for Building Plans Examiner Services 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 MayprTammy de Weerd City Couneil Members: Keith Bird Brad Hoa~lon Charles Rountree ()avid Zaremba September 20, 2012 TO: Mayor De Weerd City Cougcil Members FROM; Emily Kane, Deputy City Attorney 12E: Updated Professional Setrofces Agreement between Whitman & Associates, Inc, and Cityaf Meridian for Building Plans Examiner Services The attached Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Plans Examiner Services is intended to supersede and replace a similar version of this agreement that was executed by the parties on September 4, 2012. This updated version was negotiated in order to clarify khe following provisions: 1. IiirstRecital. Added clause; "WHEREAS, this Agreement is intended to clarifyand supersede the version executed by the Parties on September 4; 2012" in order to makes it clear that this agreement replacesandsupersedes the September 4 version ofthis agreement. 2. Section III(A). Modified provision to clarify that the term of the agreement starts October 1, 2012; rather than upon execution, to effectuate that mutual intention of the parties. 3. Section III(C)(3). Added sentence: "The contractor's percentage for any permit issued foe a structure valued at more than two million dollars ($2,000,000) shall be negotiated between the Meridian Community Development Director or his designee; and the contractor" to effectuate that mutual intention of the parties. 4. Section III(C). Added sentence: "Contractor shall not be entitled to payment for permits already pulled and active as of the effective date ofthis Agreement, though it shall provide all renuired inspection and plan review services related to such permits through issuance of Certificate of Occupancy" to clarify that Contractorwill not be entitled to payment for inspections on permits that were pulled prior to the effective date of the agreement. 5, lixhibit A, former Section I(H). Removed requirement that Contractor will track and report expired petmits, since Accela software is now programmedto provide this service automatically. PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING PLANS EXAMINER SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING PLANS EXAMINER SERVICES ("Agreement") is made and entered into this 25 day of Se p~mV~PV', 2012, by and between Whitman & Associates, Inc. ("Contractor") whose address is 8124 W. Blackberry Court, Boise, Idaho 83709, and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, this Agreement is intended to clarify and supersede the version executed by the Parties on September 4, 2012; WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications as per Section I. (D) below. Contractor shall notify the City-Contractor Liaison of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and t except as to clerical or administrative tasks not requiring such qualiftcations. Within PROFESSIONAL SERV ICES AGREEMENT FOR BUILDING PLANS EXAMINER SERV ICES PAGE 1 OF 16 seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or othet•vvise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as required by Idaho Code section 39-4108; within thirty (30) days of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as required herein. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian, D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and al] provisions of this Agreement, Specifically, without limitation, Contractot• shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: 1. ICC Building Plans Examiner; 2, Within six (6) months of execution of this Agreement, ICC Residential Plans Examiner; 3. Any and all other certifications required by law. E. Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hal] during City business hours to perform administrative tasks required under Exhibit A, Scope of Services. F. Cell Phone. Contractor and their employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City-Contractor Liaison for City's use in administering this Agreement. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this agreement. Conhactor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally, Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H, Public Records. Contractor acknowledges that all records containing information PROFESSIONAL SERVICES AGREEMENT FOR $UILDING PLANS EXAMMER SERVICES PAGE 2 OF 16 (' relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's recol•ds retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office where such information is maintained by Contractor in a location or format not readily accessible by City. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I, Insurance. Conhactor shall name the City as additional insured as stated in I. (1)(3) herein only with respect to Contractor's activities performed under this Agreement. Such insurance shall be evidenced by a certificate of insurance issued by an insurance company licensed to do business in the State of Idaho and containing athirty-day notice of cancellation endorsement. Contractor shall obtain (at Contractor's sole expense) and maintain throughout the telrn of this Agreement, and upon execution of this agreement shall provide City with proof of each and all of the following insurance coverages: Comprehensive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death, naming the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall notify City in writing within three (3) business days, City has the right to suspend portions of this Agreement in the City's sole discretion if Contractor's general liability insurance is revoked, cancelled, expires or• Contractor is otherwise without general liability insurance. Contractor shall be afforded a reasonable time to obtain insurance, If Contractor cannot obtain insurance within a reasonable time, City may terminate this Agreement. 2. Automobile liability insurance with a combined single limit per occun•ence of not less than five hundred thousand dollars ($500,000). 3. Errors and omissions insurance for the services under this Agreement, in an amount of not less than five hundred thousand dollars ($500,000) per occurrence, naming the City of Meridian as an additional insured. 4. Workers' compensation insurance on Contractor and all persons in Contractor's employ in the minimum amount(s) and as required by Idaho law. This provision shall apply to Contractor even if Contractor is acting as a sole proprietor, regardless of the worker's compensation insurance requirements of the State of Idaho regarding solo proprietors. J. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not Iimited to policies related to use of City equipment, drug and alcohol policy, computer and PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 3 of 16 electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. K. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, elechonic equipment enumerated in Exhibit B, Desktop PC and Related Equipment Issued to Contractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated undel• this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind maybe stored on City-issued equipment. Conh~actor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessaly maintenance and repair ofCity-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. RESPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, business cards, and incidental clerical staff services. City shall maintain ownership of al] City equipment provided by the City and made available to the Contractor for this purpose. One soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Conhactor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B, City-Contractor Liaison, City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, a-mail address, and telephone number of the City-Contractor Liaison, III. CrENERAL PROVISIONS. A. Term. This Agreement shall become effective on October 1, 2012, and shall expire on September 30, 2015, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term may be extended by separate written addendum, duly executed by both parties. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 4 OF 16 B. Non-Appropriation of Funds. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by Meridian City Council. The City reserves the right to terminate the Agreement if the Meridian City Council fails, neglects, or refuses to appropriate sufficient funds as maybe required for City to continue its required performance under this Agreement. If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically, with no consequence to the City, on the last day of the last fiscal year of appropriated funds. C. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this conh~act: 1. Forty percent (40%) of commercial building plan review fees collected by the City annually. 2, Forty percent (40%) of residential building plan review fees collected by the City annually. 3, The contractors percentage for any permit issued for a structure valued at more than two-million dollars ($2,000,000) shall be negotiated between the Meridian Community Development Director or his designee, and the contractor. D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hourly rate of no more than $50,00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhibit C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall not be entitled to payment for permits already prtlled and active as of the effective date of this Agreement, though it shall provide all required inspection and plan review services related to such permits through issuance of Certificate of Occupancy. Contractor shalt be entitled only to Contractor's allocated share of permit revenues for inspections provided during the term of this Agreement. PROFP.SSTONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 5 OF 16 (" F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of five hundred dollars ($500.00) for each business 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. G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H, Independent Contractor. 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 shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees; Contractor is free fiom actual and potential control by City in the provision of services under this Agreement. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns andlor• will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for• a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. Contractor shall not be entitled to any benefits generally granted to City employees, Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits, 8. Contractor is an independent contractor for purposes of the Idaho Workors' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 6 OF 16 10, Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment fiom the City or charged to City's account. I. Notice. Communication between the City-Conh~actor Liaison and Contractor regarding day-to-day and administrative matters shall occur via a-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Daunt Whitman Attn: Development Services Manager Whitman & Associates, Inc. 33 E. Broadway Avenue 8124 W. Blackberry Court Meridian, Idaho 83642 Boise, Idaho 83709 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. J. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties, 2, Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other patty if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non-terminating party shall be entitled to compensation for the services perfolrned per the provisions outlined above up to the effective date of termination. 3. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thirty-day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expanded, recorded in I S-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 7 OF 16 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer a]]owable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required bylaw, regulation or this Agreement to be held by Contractor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d, Falsification of records by Conh~actor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f, If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h, If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. K. Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether PROFESSIONAL SERVICES AGREEMENT FOR BUILDMO PLANS EXAMINER SERVICES PAGE 8 OF 16 (' or not similar, nor shall any waiver in one instance constitute a waiver in any other ' instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance, M. indemnity, Conhactor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or• employees from any and all losses, claims, suits, actions, or judgments for damages or• injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Contractor's obligations under this Agreement, except for liability arising out of concurrent or sole negligence of City or City's officers, agents, or employees. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injul•y to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees as a result of Gr• arising out of the work performed under this Agreement and arising from the sole or• joint negligence of Contractor. N. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian, The provisions of this Agreement shall bind and inure to the benef t of the parties and their respective successors and permitted assigns. O. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter, The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. PROFESSIONAL SERVICES AGREEMENT FOR $ W LDING PLANS EXAMINER SERVICES PAGE 9 OF 16 t S. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Agreement, the non-prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. WHITMAN & ASSOCIATES, INC.: ~--;._ Daunt Whitman, President CITY OF MERIDIAN: ~~ Tammy de rd, Mayor Go44onPT$~"o s Attest: _ ~ „City of ~ io~xo SEAL Clerk \~,,, PROFESSIONAL SERV ICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 10 OF 16 EXHIBIT A SCOPE OI' SERVICES Overview: Contractor shall conduct comprehensive commercial and residential building plan reviews, including but not limited to energy and accessibility, and ADA compliance for any and all building projects in the City of Meridian. These reviews are to ensure compliance with all current codified or ordained codes of the City prior to permit issuance. I. SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor provides comprehensive building plan review for all commercial, residential building projects, sheds, accessory structures, additions, remodels and temporary use permits. Contractor coordinates plan reviews with City Community Development staff, City Public Works staff, and appropriate fire marshals. Contractor shall ensure appropriate plate reviews are performed before permits are issued. B. Certification of Project Value. Contractor shall review and approve submitted Certificates of Valuation for all projects to ensure accurate valuation. Contractor shall collaborate with appointed Building Official for the City to compute plan review fees and establish total building permit fees prior to permit issuance. C. Computerized Permit Tracking Programs. Contractor shall utilize the Accela Software provided by City to provide data enhy and convnents related to plan review workflows. Contractor shall also conduct research of archived information as needed for departmental needs. D. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and a-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and a-mail messages within ono (1) business day. E. Code Amendments and Technological Advancement. Contractor shall monitor legislation and technical developments that may affect the building industry. This shall include, but not be limited to attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. F. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including the flood plain ordinance, and other ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Contractor has knowledge as well as the current International Building Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil andlor criminal penalties for uncorrected violations. PROFESSIONAL SERVICES AGREEMENT FOR BUILDRJO PLANS EXAMMER SERVICES PAGE 1 l OF 16 G. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: I. PLAIYREVIEW. a. COMMERCIALPI'ejeet5 {1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applications, unless specifically excluded under this contract as identi5ed under section I(A) herein, {2) Contractor shall provide plan review no more than three (3) business days after receipt of complete application for the following miscellaneous commercial applications; shed, detached accessory struchues, patio covers, signs, pools and temporary use permits. (3) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City, (4) City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (5) Contractor shall perform plan review for compliance with the most current version of "Com Check" for the building envelope on all commercial projects. (6) Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Conh•actor shall provide all stamps used in the review and approval process. b. Tenant Improvement Projects (1) Conhactor shall perform plan review for all tenant improvement projects. (2) Contractor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Track Tenant Improvement" projects no more than three (3) business days a8er receipt of complete application. City will notify Contractor of "Fast Track Tenant Improvement" projects through notification in the City's computerized permit tracking program. PROFESSIONAL $ERVICGS AGREEMENT POR BDILDING PLANS EXAMINER SERVICES PAGE 12 OF 16 (3} Contractor shall provide plan review no more than three (3) business days after receipt of complete application for the following miscellaneous commercial tenant improvement applications; sheds, detached accessory structures, patio covers, signs, and pools. (4) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. (5) City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database, Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (6) Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process. c. Residential Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all residential applications, unless specifically excluded under this contract as identified under section I(A) herein, (2) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. (3) Conhactor shall install the initial electronic plan files into the city database for all projects requiring building plan review, Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction, (4) Contractor shall perform plan review for compliance with the most current version of "Res Check" and/or prescriptive or performance based energy submittals for the building envelope and systems for all residential projects. (5) Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection, Contractor shall provide all stamps used in the review and approval process. PROFESSIONAL SERVICES AGREEMENT FOR BUILDMG PLANS EXAMINER SERVICES PAGE l3 OF 16 II. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1, Display aCity-issued photo identification badge. 2. Provide aCity-issued business card dining field inspections, as appropriate. 3. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc,) any business other than Whitman & Associates, Inc,. 4. Wear appropriate clothing and safety gear to protect from personal injury. A. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the. City as significant and vital to the success of the City as a whole: Customor Service, Accountability, Respect, and Excellence. 1, Customer Se-vrce: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co- workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature, 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to corrununity needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 14 or• 16 EXHIBIT $ DESK TOP PC AND RELATED EQUIPMENT ISSUED TO CONTRACTOR PROFESSIONAL SERVICES AGREEMENT FOR BUILDING PLANS EXAMINER SERVICES PAGE 15 OF I6 EXHIBIT C PAYMENT SCHEDULE I3UILDING PLANS EXAMINER - PAYMENT SCHEDUL>; e of Permit Milestone Amount to be aid Commercial -New Pelrnit issuance 80% of fees due Contractor Commercial - TI Commercial -Shell Only Commercial -Multi-Family Residential -New Issuance of Certificate of 20% of fees due Contractor Residential -Multi-Family Occupancy AI] other permit types Permit issuance 100% of fees due Contractor PROFESSIONAL SERVICES AGREEMENT FOR BUiLDiNG PLANS $XAMINER SERVICES PAGE t G OF 1 C) Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 5N PROJECT NUMBER: ITEM TITLE: Professional Services Agreement between Whitman & Associates, Inc, and the City of Meridian for Building Inspection Services MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Mayor Tammy do Weerd Clty Councll Members: Keith Bird Brad Floaglon Charlos Rountree David. Zaremha September 20, 2012 TO: Mayor De Weerd City Council Members FROM: Emily Inane, Deputy City Attorney RE: Updated Professional Services Agreement between Whltman& Associates, Inc.-and City of Meridian for Building Inspection Services The attached Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Inspection Servicesis intended. to supersede and replace asimfilarversion of this agreement that was executed by the parties on September Q, 2012. This updated version was negotiated in order to clarify the following. provisions; 1. First Recital. Added Claus@: "WHEREAS, this Agreement is intended to clarify and supersede-the version executed by the Paiaies on September 4, 2012" in order to makes it clear that this agreement. replaces and supersedes the September 4 version of this agreement. 2. Section III(A). Modified provision to clarify that the term of the agreement starts October 1, 2012, rather than upop execution, to effectuate thatmutual intention of the parties. 3. Section III(E). Added sentence: "Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement, though it shall provide all required inspection and plan review services related to such permits through issuance of Certificate of Occupancy" to clarify that Contractor will not be entitled to payment for inspections on permits that were pulled prior to the effective date of the agreement. 4. Exhibit A, former Section I(H). Removed requirement that Contractor will hack and report expired peirnits, since Accela software is now programmed to provide. this service automatically. PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING INSPECTION SERVICES ("Agreement") is made and entered into this 25 day of -~K, 2012, by and between Whitman & Associates, Inc. ("Contractor") whose address is 8124 W. Blackberry Court, Boise, Idaho 83709, and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, this Agreement is intended to clarify and supersede the version executed by the Parties on September 4, 2012; WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OFCONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth iri Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (l) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with al] relevant licensing authorities, and (3) hold at least the minimum certifications required by section I.(D) herein. Contractor shall notify the City-Contractor Liaison of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Within PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 1 OF 15 t' seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Conhactor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications, Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as required by Idaho Code section 39-4108; within thirty (30) days of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as required herein. City may withhold its consent to such employment, designation, subcontract, or delegation or othex transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: 1. ICC Commercial Building Inspector; 2. ICC Residential Building Inspector; 3, Any and all other certifications required by law. E. Oft;ce Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform administrative tasks required under Exhibit A, Scope of Services. F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City-Contractor Liaison for City's use in administering this Agreement. G. Prohibited Services; Conflicts of Interest. Conhactor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Conh~actor or that falls >mder the inspection responsibilities of Contractor as contemplated by this agreement. Conhactor is strictly prohibited from referring any work to Contractor, or• any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H. Publlc Records. Contractor acknowledges that all records containing information relating to the conductor administration of this Agreement and services provided PROFESSIONAL SERVICES AGREEMENT POR BUILDING INSPECTION SERVICES PAGE 2 OF 15 ~' hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office where such information is maintained by Contractor in a location or format not readily accessible by City. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I. Insurance. Contractor shall name the City as additional insured as stated in I. (1)(3) herein only with respect to Contractor's activities performed under this Agreement. Such insurance shall be evidenced by a certificate of insurance issued by an insurance company licensed to do business in the State of Idaho and containing athirty-day notice of cancellation endorsement. Contractor shall obtain (at Contractor's sole expense) and maintain throughout the tenrr of this Agreement, and upon execution of this agreement shall provide City with proof of each and all of the following insurance coverages: Comprehensive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death, naming the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall notify City in writing within three (3) business days. City has the right to suspend portions of this Agreement in the City's sole discretion if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherrwise without general liability insurance. Contractor shall be afforded a reasonable time to obtain insurance. If Contractor cannot obtain insurance within a reasonable time, City may terminate this Agreement. 2. Automobile liability insurance with a combined single limit per occurrence of not less than five hundred thousand dollars ($500,000). 3, ETTOI'S and omissions insurance for the services under this Agreement, in an amount of not less than five hundred thousand dollars ($500,000) per occunrence, naming the City of Meridian as an additional insured. 4. Workers' compensation insurance on Contractor and all persons in Contractor's employ in the minimum amount(s) and as required by Idaho law. This provision shall apply to Contractor even if Contractor is acting as a sole proprietor, regardless of the worker's compensation insurance requirements of the State of Idaho regarding sole proprietors, J. Compliance with Applicable Law and City Policies. Contractor shall comply with al] federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any PROFESSIONAL SERVICES AGRBEMENT FOR BUILDING INSPECTION SERVICES PAGB 3 oP I S amendments or modification of City ordinances adopting or amending relevant codes or policies, K. Electronic equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Tablet PCs and Related Equipment Issued to Contractor hereto, Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City-issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition, City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shall remain the property of City at al] times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. RESPONSIBILITIES OC CITY. A. Incidental Office Supplies. City shall provide, for Conhactor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. City-Colrtractor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Cortractor's services under this Agreement. City shall provide to Contractor the name, a-mail address, and telephone number of the City-Contractor Liaison, III. GENERAL PROVISIONS. A. Term. This Agreement shall become effective on October 1, 2012, and shall expire on September 30, 2015, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term maybe extended by separate written addendum, duly executed by both ~" parties. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPEC7•ION SERVICES PAGE 4 of I S 13. Non-Appropriation of Funds. This Agreement shall in no way ot• manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by Meridian City Council. The City reserves the right to terminate the Agreement if the Meridian City Council fails, neglects, or refuses to appropriate sufficient funds as may be required for City to continue its required performance under this Agreement. If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically, with no consequence to the City, on the last day of the last fiscal year of appropriated funds. C. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or now permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract;: 1. Thirty percent (30%) of building permit fees for the first $100,000 collected by the City annually. 2. Twenty percent (20%) of building permit fees over $100,000 collected by the City annually, 3. The Contractors percentage for any building permit issued for a structure valued at ` more than two-million dollazs ($2,000,000) shall be negotiated between the Meridian Community Development Director or his designee, and the contractor. D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of ar written request for such services, Contractor may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Contractor an how•ly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhibit C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement, though it shall provide all required inspection and plan review services related to such permits through issuance of Certificate of Occupancy. Conhactor shall be entitled only to Contractor's allocated share of permit revenues for inspections provided during the term of this Agreement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 5 OF 1 S ($250.00) for each business 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 constnied as a penalty. G. Records, All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accotmting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. In all matters pertaining to this Agreement, Conhactor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to per~'orm services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally granted to City employees, Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include; vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supp]ies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. PROFeSSIDNAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 6 OF 1$ 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. Notice. Communication between the City-Contractor Liaison and Contractor regarding day-to-day and administrative matters shall occur via a-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Daunt Whitman Attn: Development Services Manager Whitman & Associates, Inc. 33 E, Broadway Avenuo 8124 W. Blackberry Court Meridian, Idaho 83642 Boise, Idaho 83709 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. J. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor, City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Conhactor, In the event of termination, the non-terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. 3, Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thirty-day term, al] provisions of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. PROFESSIONAL SERVICES AGREEMENT FOR BUILDRJG INSPECTION SERVICES PAGE 7 OF 1 S t' 4, Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions; a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to beheld by Contractor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; o. If City has evidence that Conhactor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Conhactor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. £ if Contractor or its agents engage in fi'aud, dishonesty, or any other act of misconduct in the performance of this Agroement; g, If justified, documented complaints are made against ConU•actor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractm• fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (] 4). business days or other period as specified; or i. If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. K. Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreoment or bylaw shall not constitute a waiver of any other rights, remedies or provisions, whether PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE S of 15 ~ or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement, City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M. Indemnity. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees fiom any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Contractor's obligations under this Agreement, except for liability arising out of concurrent or sole negligence of City or City's officers, agents, or employees. Contractor sha[1 indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and fiom any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees as a result of or arising out of the work performed under this Agreement and arising from the sole or joint negligence of Contractor. N. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, h•ansferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Conhactor•'s rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian, The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. O• Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted, P, Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q• Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations shall smroive its expiration or termination. PROFESSIONAL SERVICES AGREEMENT FOR BU[LUMG INSPECTION SERVICES AAGF.90F 15 S. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the terms of this Ageement, the non-prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. WHITMAN & ASSOCIATES, INC.: ~~~ . Daunt Whitman, President CITY OF MERIDIAN: l ~'/"' Tammy de a d, Mayor °~pTEDA U°G Attest: 3c°~ s'~ l i ~0 ~,clryue 'e. Clerk °^y, SERI,-' r~ ~~FFe iRF A9~j PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERV ICES PAGE 10 OF 1$ EXHIBIT A SCOPE OF SERVICES Ove-view; Contractor shall perform detailed building inspections for any and all projects that have received a building permit for commercial and residential projects in the City of Meridian to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. I. SERVICES PROV1DEb BY CONTRACTOR. A. Plan Review Coordination. Contractor shall be responsible for coordinating and becoming familiar with approved plans prior to performing building inspections. Plan review coordination shall be performed before permits are issued. Contractor shall ensure that the approved plans are on-site prior to performing building inspections. B. Field Inspections. Contractor shall perform field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between 12;00 a.m. and 8:00 a.m, on a City business day shall be performed that day, Each and Query field inspection requested between 8;00 a.m. and 11:59 p.m. on a City business day shall be performed the next business day. Each and every field inspection requested on a non-business day shall be performed the next business day. C. Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all projects to ensure accurate valuation, If project scope change occurs, Contractor shall notify the City-Contractor Liaison so that proper adjustments in submittals and valuations are achieved. D. Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the hacking database, including, but not limited to, field inspections and re-inspections, inspection notes, pass/fail status, and final inspection status. Contractor shall also conduct research as needed for archived information. Contractor shall assess regular or double inspection fees as required. Data entry for every building inspection shall immediately be entered following the completion of the inspection. E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and a-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City, Contractor shall respond to voice mail and a-mail messages within ono (1) business day. F. Code Amendments and Technological Advancement. Contractor shall monitor legislation and teclmical developments that may affect the building industry, This may PROFESSIONAL SERVICES AGREEMENT FOR BUILDING INSPECPIGN SERVICES PAGE l 1 OP I5 ( include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments, Contractor shall be responsible for all associated costs. G, Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including the flood plain ordinance, and other ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Contractor has knowledge as well as the cunent International Building Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. H, Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: I. BUILDING INSPECTIONS a. Commercial and Residential Projects (1) Contractor shall perform all building inspections for commercial and residential projects, from initial inspection through final inspection, City shall provide all pass/fail inspection tags, and notices for Contractor use. (2) Inspection requests received prior to 8:00 a.m. on a business day shall be performed the same business day. If the request is received on anon-business day, the inspection shall be performed the next business day. (3) Contractor shall sign off for fmal building inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third patty special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. (4) Contractor shall input all buulding inspection information into the tablet PCs using the City's Accela software immediately following the inspection. This shall include, but not be limited to specific information related to inspection, correction notices, and re-inspection. (5) Contractor shall perform as many inspections as necessary on any perRnit. Contractor may assess re-inspection fees, per the adopted fee schedule, if items from a previous correction notice are not corrected when a new inspection is requested. PROPGSSIONAL SERVICES AGREEMENT FOR BUILDING INSPECTION SERVICES PAGE 12 oP I S II. SERVICE LCVEL EXCECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display aCity-issued photo identification badge. 2. Provide aCity-issued business card during field inspections, as appropriate. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shat] not advertise on clothing or vehicles (logos, graphics, etc.) any business other than Whitman & Associates, Inc, 4, Wear appropriate clothing and safety gear to protect from personal injury, B. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole; Customer Service, Accountability, Respect, and Excellence. `' 1. Customer Service; Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked tv be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current informaiion regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT POR BUILDING INSPECTION SERVICES PAGE 13 oP 1S EXHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR ,~ _ __ _ IOOSS4 _ Motion Com utin Tablet ] 09007 Motion Computin Tablet 100576 HP Mobile Printer 100578 HP Mobile Painter 09SS5 200W Power Inverter 09556 200W Power Inverter N/A Misc. Char in ada tern and tablet cases for each unit 100658 Lenovo Laptop with dock and cables PROFESSIONAL SERVECES AGREEMENT FOR BDILDRJG INSPECTION SERVICES PAGE 140F IS EXHIBIT C PAYMENT SCHEDULE BUILDING INSPECTION -PAYMENT SCHEDULE T e of Permit Milestone Amount to be aid Commercial -New Permit issuance 50% of fees due Contractor Commercial - TI Commercial -Shell Only Commercial -- Multi-Family i Res dential -New Final inspection, signified 50% of fees due Contractor Residential -Multi-Family by "approved" status in Accela All other permit types Permit issuance 100% of fees due Contractor /.. PROFESSIONAL SERVICES AGREEMENT FOR BUILDRJG INSPECTION SERVICES PAGE 1$ OF 1$ Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 50 PROJECT NUMBER: ITEM TITLE: Professional Services Agreement between Whitman & Associates, Inc. and the Citv of Meridian for Building Official Services 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 Mayor Tammy do Waerd Clty Council Members: Keith Blyd Brad Hoaglim Charles Rountree .David Zaremba September 20, 2012 TO: Mayor De Weerd City Council Members PROM: Emily Kane, Deputy City Attorney I2E: Updated Professional Services Agreement between Whitman & Associates, Inc, and City of Meridian for Btulding Official Services The attached Professional Services Agreement between Whitman & Associates, Ina. and City of Meridian for Building Official Services is intended to supersede.and replace a similar version of this agreement that was executed by the patties on September 4,'2012. This updated version was negotiated in order to clarifythe following provisions;. 1. First Recitah Added clause: "WHEREAS, this Agreement is intended to clarify and supersede the version executed by the Parties on September 4, 2012" in order to makes it clear that his agreement replaces and supersedes theSeptember 4 version of this agreement. 2. Section IV(A). Modified provision to clarify that the term of theagreement starts October 1, 2012, .rather than upon execution, to effectuate that mutual intention of the parties. 3. Secfion IV(E). Added entente; "Contractor shill not be entitled to payment for permits already pulled and active as ofthe effective date ofthis Agreement, though it shall provide all required inspection and plan review services related to such permits through issuance of Cet•tificate of Occupancy" to clarify That Contractor will not be entitled to payment for inspections on permits that were pulled prior to the effective date of the agreement. 4. Exhibit A, former Section I(I~. Removed requirement that Contractor will track and report expired permits, since Accela software is now programmed to provide this serroice automatically. PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING OFFICIAL SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING OFFICIAL SERVICES ("Agreement") is made and entered into this 25 day of Se~P n,>~ r, 2012, by and between Whitman & Associates, Inc. ("Contractor") whose address is 8124 W. Blackberry Court, Boise, Idaho 83709 and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, this Agreement is intended to clazify and supersede the version executed by the Parties on September 4, 2012; WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the peop]e of the City of Meridian to enter into this Agreement with Contractor; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. APPOINTMENT. The City hereby appoints Contractor to be the City's Building Official and grants to Contractor the duties and powers pertaining to such title as established by the 2009 International Building Codes, local amendments thereto, any subsequently adopted versions thereof, City policy, and this Agreement. II. RESPONSIBILITIES OF CONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B, Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications required by section I.(D) PROFESSIONAL SERVICES AGREEMENT FOR BUILDRJG OFFICIAL SERVICES PAGE 1 OF 16 herein. Contractor shall notify the City-Contractor Liaison of any and all such designations. C. Contractor's )employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contractor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimum certification as required by Idaho Code section 39-4108; within thirty (30) days of hiring or reassigning such personnel, such personnel shall be fully qualified and certified as required herein, City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not servo the best interest of the City of Meridian, D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be ~ " sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement, Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (ICC) certifications: I. Within six (6) months of execution of this Agreement, ICC Certified Building Official; 2, ICC Building Plans Examiner; 3. Within six (6) months of execution of this Agreement, ICC Residential Plans Examiner; 4. ICC Commercial Building Inspector; 5. ICC Residential Building Inspector; 6. Any and all other certifications required bylaw; E• Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform administrative tasks required under Exhibit A, Scope of Services. It is anticipated by the parties that such tasks will require approxirnately eight (8) hours daily. PROFESSIONAL SERVICES AGREEMriNT FOR BUILDING OFFICIAL SERVICES PAGE 2 OF 16 F. Cell Phone. Contractor and their employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City-Contractor Liaison for City's use in administering this Agreement. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this agreement. Contractor is strictly prohibited from refening any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. ConU•actor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a conspuction project. H, Public Recowds. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office where such information is maintained by Contractor in a location or format not readily accessible by City. Contractor shall, upon request, prepare and provide to City ail data collected and/or reports prepared regarding services conducted under this Agreement. Insurance. Contractor shall name the City as additional insured as stated in I. (1)(3) herein only with respect to Contractor's activities performed under this Agreement. Such insurance shall be evidenced by a certificate of insurance issued by an insurance company licensed to do business in the State of Idaho and containing athirty-day notice of cancellation endorsement. Contractor shall obtain (at Contractor's sole expense) and maintain throughout the term of this Agreement, and upon execution of this agreement shall provide City with proof of each and all of the following insurance coverages: 1. Comprehensive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death, naming the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall notify City in writing within three (3) business days. City has the right to suspend portions of this Agreement in the City's sole discretion if Contractor's general liability insurance is rovoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor shall be afforded a reasonable time to obtain insurance, If Contractor cannot obtain insurance within a reasonable time, City may terminate this Agreement. 2. Automobile liability insurance with a combined single limit per occurrence of not less than five hundred thousand dollars ($500,000), PROFESSIONAL SERVICES AGREEMENT FOR BUILDRJG OFFICIAL SERVICES PAGE 3 of 16 3. Errors and omissions insurance for the services under this Agreement, in an amount of not less than five hundred thousand dollars ($500,000) per occurrence, naming the City of Meridian as an additional insured. 4. Workers compensation insurance on Contractor and all persons in Contractor's employ in the minimum amount(s) and as required by Idaho law. This provision shall apply to Contractor even if Contractor is acting as a sole proprietor, regardless of the worker's compensation insurance requirements of the State of Idaho regarding sole proprietors. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. K, Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Desktop PC and Related Equipment Issued to Contractor hereto, Any elecrionic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular te]ephones is prohibited while in the office, No personal electronic files of any kind may be stored on City-issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform al] necessary maintenance and repair of City-issued equipment. Conhactor shall reimburse City for the cost of any major repair or replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agrecment. III. liESPONSIBILITIL+S OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. Orre soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall, To the extent that Contractor needs Gr desires additional supplies or services PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 4 OF 16 that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. City-Contractor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, e-mail address, and telephone nrnnber of the City-Contractor Liaison. IV. GENERAL PROVISIONS. A. Term. This Agreement shall become effective on October 1, 2012, and shall expire on September 30, 2015, unless sooner terminated as provided below, Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term may be extended by separate written addendum, duly executed by both parties. B, Non-Appropriation of Funds. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by Meridian City Council, The City reserves the right to terminate the Agreement if the Meridian City Council fails, neglects, or refuses to appropriate sufficient funds as may be required for City to continue its required performance under this Agreement. If City j Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically, with no consequence to the City, on the last day of the last fiscal year of appropriated funds. C. Revenge Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract; l . Ten percent (10%) Gf the first $100,000 in building permit fees collected by City annually; 2, Five percent (5%) of the building permit fees above $100,000 collected by City annually; 3. The contractors percentage for• any permit issued for a structure valued at more than two-million dollars ($2,000,000) shall be negotiated between the Meridian Community Development Director or his designee, and the cmrtractor. D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, ~ and only upon prior written approval of or written request for such services, Contractor ~., may charge City an hourly rate of no morn than $50.00 per hour. City shall not be PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 5 OF I6 obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request, E, Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhibit C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement, though it shall provide all required inspection and plan review services related to such permits through issuazice of Certificate of Occupancy. Contractor shall be entitled only to Contractor's allocated share of permit revenues for inspections provided during the term of this Agreoment. F. Records, All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. G. Independent Contractor. 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 shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees; Contractor is free from actual and potential conhol by City in the provision of services under this Agreement. 2, Contractor is engaged in an independently established trade, occupation, profession, or business, 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5, Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7, Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to 1 be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. PROFESSTONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE G OF 16 8. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth"herein. 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. II. Notice. Communication between the City-Contractor Liaison and Contractor regarding day-to-day and administrative matters shall occw 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 communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Daunt Whitman Attn: Development Services Manager Whitman & Associates, Inc. 33 E. Broadway Avenue 8124 W. Blackberry Court Meridian, Idaho 83642 Boise, Idaho 83709 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. I. Termination. 1, Mutual Consent. This Agreement may be terminated at any time by mutual written consent of both Pasties, 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Conhactor. In the event of termination, the non-terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effecfive date of termination. 3. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 7 of 1 G f' period as the parties may agree. During the additional thirty-day term, all provisions of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice, 4, Changed Conditions, City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Conhactor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered Gr is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Conhactor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f. If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or• i. If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article VIII; Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or PROFESSIONAL SERVTCES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 8 OF 16 refusal to appropriate sufficient funds as may be required for City to continue tG perform its obligations under this agreement. J. Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. K. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. L. Indemnity. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Contractor's ob]igations under this Agreement, except for liability arising out of concurrent or sole negligence of City or City's officers, agents, or employees. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and al] losses, claims, suits, actions, or judgments for• damages or injury to persons or property, and fiom any and all losses and expenses caused or incuiTed by Contractor, its servants, agents, emplGyees, guests, and/or business invitees as a result of or arising out of the work performed under this Agreement and arising from the sole or joint negligence of Contractor. M. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian, The provisions of this Agreement shall bind and inure to the benefit of the parties and their respective successors and permitted assigns. N. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. O. Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter. PROFESSIONAL SERVICES AGREEMENT FOR BOILDING OFFICIAL SERVICES PACE 9 of 16 f " The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. P. Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. Q. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. R, Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is brought for failure to observe any of the telyxls of this Agreement, the non-prevailing parry shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. S. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Tdaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho, T. >Jxhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreemont. U. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council, PROFESSIONAL SERVICES AGREEMENT POR BUILDING OFFICIAL SERVICES PAGE 10 GF 16 IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day ~ and year first above. WHITMAN & ASSOCIATES, INC. ~v ~~ Daunt Whitman, President CITY OF MERIDIAN: Tammy de e d, Mayor ppAKEpquC``~' o~ ! 3° ~~e. Attest: n naryor SEAL City Clerk "°EB~~ ~ rFE~'~~ PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 11 OF 1( ~' EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall provide Certified Building Official oversight for any and all building projects in the City of Meridian, to ensure compliance with all current codified or ordained codes of the City. I. SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor provides oversight of the plan review process, including but not limited to coordination of plan reviews with City Community Development staff, City Public Works staff, and appropriate fire marshals. Contractor ensures appropriate plan reviews are performed before permits are issued. B, Certification of Project Value. Contractor shall review and approve initial and final Certificates of Valuation for all projects to ensure accurate valuation. Contractor shall collaborate with Building Plans Examiner to compute plan review fees and establish total building permit fees prior to permit issuance and certificate of occupancy issuance, C. Fast Track Certificate of Occupancy Applications. Contractor shall review all applications, and recommend for approval or rejection to the City-Contractor Liaison. This review and recommendation shall be completed by the Contractor within three (3) ~ business days after receipt of complete application. This will include historical research to determine use change, occupancy type, fire protection, and occupant load. D. Field Inspections. Contractor provides oversight of the field inspection process, including but not limited to; Building, Mechanical, Electrical, Plumbing, and Fire disciplines. Ensures appropriate field inspections are performed. E. Computerized Permit Tracking Programs. Contractor shall utilize the Accela Software provided by City to provide oversight of timelines and data entry related to plan review and inspection workflows. Contractor shall also conduct research of archived information as needed for departmental needs. F• Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or• his designee shall be available to take phone calls, respond to voice mail and a-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and a-mail messages within one (1) business day. G. Code Amendments and Technological Advancement. Contractor shall be the primary lead to prepare and provide recommendations to the City-Contractor Liaison for all new code adoptions and local amendments. Contractor shall monitor legislation and technical developments that may affect the building indushy. This shall include, but not be limited to attending meetings, conferences, workshops, and training sessions to become and PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 12 OP 1 G remain current on principles, practices, and new developments. H. Code Compliance and Enforcement. Contractor shall lead the effort assisting the City in enforcing appropriate ordinances, and other ordinances related to land use, building sites, building uses and violations. Contractor shall provide written report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Contractor has knowledge as well as the current International Building Codes adopted by City. Contractor shall, where appropriate, post "Stop Work" order and "Not Approved for Use and Occupancy" notices. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. Contractor shall send appropriate legal letters, email and other correspondence necessary. II. SERVICE LEVEL EXPECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display aCity-issued photo identification badge. 2. Provide aCity-issued business card during field inspections, as appropriate, 3. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc,) any business other than Whitman & Associates, Inc, 4. Wear appropriate clothing and safety gear to protectfrom personalinjruq. B, CARE Principles. City expects all conhact personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. 1. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Conhactor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 13 OF 16 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4, l;xcellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR BUILDINU OFFICIAL SERVICES PAGE IA OF ]6 EXHIBIT B DESK TOP PC AND RELATED EQUIPMENT ISSUED TO CONTRACTOR PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE IS OF 16 EXHIBIT C PAYMENT SCHEDULE BUILDING OFFICIAL -PAYMENT SCHEDULE Ty a of Permit Milestone Amount to be aid Commercial -New Permit issuance 70% of fees due Contractor Commercial - TI Commercial -Shell Only Commercial -Multi-Family Residential -New Issuance of Certificate of 30% of fees due Contractor Residential -Multi-Family Occupancy All other permit types Permit issuance 100% of fees due Contractor PROFESSIONAL SERVICES AGRF.F.MF.NT POA BUILDING OFFICIAL SERVICES PAGE 16 OF 16 Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 5P PROJECT NUMBER: ITEM TITLE: Professional Services Agreement between Jackson Code Consultants, Inc. and the City of Meridian for Fire Plan Review and Inspection Services 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 Mayor Tammy de Weerd City l:ouncil Members: Kelth Bird Brad Woagluh Charles Rountree David Zaremba September 20, 2012 TO: Mayor De Weerd City Council Members FROM': Emily Kane,. Deputy City Attorney R);: Updated Professional Services Agreement between Jackson Code Consultants, Inc, and City of Meridian for Fire Plan Review and Inspection Services The attached. Piofessonal Services Agreement between Updated Professional Services Agreement between Jackson Code Consultants, Inc. and City ofMeridianfor Fire,Plan Review and Inspection Services is intended to supersede and replace a similar version of this agreement that was executed by the parties on September 4, 2012. This updated version was negotiated in order to clarify the following provisions: 1, First Recital. Added clause: "WHEREAS, this Agreement is intended to clarify and supersede the version executed by the Parties on September 4, 2012" in order to makes itclear that this agreement replaces and supersedes the September 4 version of this agreement, 2. Section III(A). Modified'provisionto clarify that the term ofthe agreement starts October 1, 20]2, rather than upon execution, to effectuate thatmutuaLintention of theparties. 3, Section III(la), Added sentence: "Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement, though it shall provide all required inspection and plan review services related to such permits through issuance of Certificate of Occupancy" to clarify that. Contractor will nofbe entitled to payment for inspections on permits that were pulled prior to Nte effective date of the agreement. 4, Exlribifi A, former Section I(II), Removed requirement that Contractm• will track and report expired permits, since Aceela software is nowprograiflmed o provide this service automatically. PROFESSIONAL SERVICES AGREEMENT BETWEEN JACKSON CODE CONSULTANTS, INC. AND CITY OF MERIDIAN FOR FHtE PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN JACKSON CODE CONSULTANTS, INC. AND CITY OF MERIDIAN FOR FIRE PLAN REVIEW AND INSPECTION SERVICES ("Agreement") is made and entered into this ~ day of - ~P emhP ~(, 2012, by and between Jackson Code Consultants, Inc. ("Contractor") whose address is P.O. Box 1303, Meridian, Idaho 83680-1303 and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, this Agreement is intended to clarify and supersede the version executed by the Parties on September 4, 2012; WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OFCONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications required by Idaho Code 41- 253, 41-254, 41-255, 41-256 and by section I. (D) herein; and any other sections as required by Idaho State Law. Contractor shall notify the City-Contractor Liaison of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 1 OF 1$ required of Contractor hereunder, except as otherwise specified in this Agreement, and except as to clerical or administrative tasks not requiring such qualifications. Fire field inspectors shall be certified per section I.(D)(1) herein. Fire plan reviewers shall be certified per section I.(D)(2) herein, Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Contactot• personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. Upon hiring or reassigning personnel to perform services under this contract, such personnel may hold minimrun certification as required by Idaho Codo 41-253, 41-254, 41-255, 41-256; within khirty (30) days of hiring or reassigning such personnel, such personnel shall be fitlly qualified and certified as required herein,_City maywithhold its consent to such employment, designation, subcontract, or delegation or other hansfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following International Code Council (1CC) certifications: ]. ICC Fire Inspector II; 2. ICC Fire Plans Examiner; 3. Any and all other certifications required by law. E, Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perfotm administrative tasks required under Exhibtt A, Scope of Services. F. Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City-Contractor Liaison for City's use in administering this Agreement. G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Contractor as contemplated by this agreement, Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 2 OF 1$ construction project. H. Public Records. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office where such information is maintained by Contractor in a location or format not readily accessible by City, Contractor shall, upon request, prepare and provide to City al] data collected and/or reports prepared regarding services conducted under this Agreement. h Insurance. Contractor shall name the City as additional insured as stated in I. (1)(3) herein only with respect to Contractor's activities performed under this Agreement. Such insurance shall be evidenced by a certificate of insurance issued by an insurance company licensed to do business in the State of Idaho and containing athirty-day notice of cancellation endorsement. Contractor shall obtain {at Contractor's sole expense) and maintain throughout the term of this Agreement, and upon execution of this agreement shall provide City with proof of each and all of the following insurance coverages: 1. Comprehonsive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death naming the City of Meridian as an additional insured. In the event a unilateral cancellation or reshiction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall notify City in writing within three (3) business days. City has the right to suspend portions of this Agreement in the City's sole discretion if Contractor's general liability insurance is revoked, cancelled, expires or• Contractor is otherwise withcut general liability insurance, Contractor shall be afforded a reasonable time to obtain insurance. If Conhactor cannot obtain insurance within a reasonable flme, City may terminate this Agreement. 2. Automobile liability insurance with a combined single limit per occurrence ofnot less than five hundred thousand dollars ($500,000). 3. Errors and omissions insurance for the services under this Agreement, in an amount of not less than five hundred thousand dollars ($500,000) per occurrence naming the City of Meridian as an additional insured, 4, Workers' compensation insurance on Contractor and all persons in Contractor's employ in the minimum amount(s) and as required by Idaho law. This provision shall apply to Contractor even if Contractor is acting as a sole proprietor, regardless of the worker's compensation insurance requirements of the State of Idaho regarding solo proprietors. J. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 3 OF 18 this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies. K, Electronic Equipment. City shall supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Tablet PCs and Related Equipment Issued to Contractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement, The use of personal electronic equipment, other than cellular telephones is prohibited while in the office. No personal electronic files of any kind may be stored on City-issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement of City-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. RESPONSIBILITIES OF CITY. A. Incidental Office Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City Hall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose. One soft-bound copy of al] adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor, B. City-Contractor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement, City shall provide to Contractor the name, e-mail address, and telephone number Gf the City-Contractor Liaison. III. VENERAL PROVISIONS. A, Term. This Agreement shall become effective on October 1, 2012, and shall expire on September 30, 2015, unless sooner terminated as provided below, Time is of the essence PROFESSIONAL SERVICES AGREEMENT FOR FatE PLAN REVIEW AND INSPECnON SERVICES PAGE 4 OF 18 (' in Contractor's performance of each and every obligation under this Agreement, This Agreement term may be extended by separate written addendum, duly executed by both parties. B. Non-Appropriation of h'unds. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by Meridian City Council. The City reserves the right to terminate the Agreement if the Meridian City Council fails, neglects, or refuses to appropriate sufficient fimds as may be required for City to continue its required performance under this Agreement. If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically, with no consequence to the City, on the last day of the last fiscal year of appropriated funds. C. Revenge Allocation, Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract; 1. Seventy-three percent (73%) of the Commercial Fire Code Plan Review Fees that are collected annually. ~`' 2, Seventy-three percent (73%) of the permit fees collected annually for: a. Cooking hood fire extinguishing systems b. Commercial Fire Alamr Systems o, Commercial Fire Sprinkler Systems d. Fire Sprinkler Systems for Commercial Tenant Improvements, Remodels and Upgrades e. Underground Tank Installations f. Hazardous Material Storage Review & Inspection g. High Pile Combustible Storage Review & Inspection D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor may charge City an hom'ly rate of no more than $50.00 per hour. City shall not be obligated to pay Conhactor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be cGllected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhibit C, Payment Schedude, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is acknowledged by the parties that the City collects pernut fees when PROFF.SSIONA4 SERVICES AGAGEMEN'r FOR FIRE P4AN REVIEW AND INSPECTION SPRVICES PAGE S OF 18 permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement, though it shall provide all required inspection and plan review services related to such permits through issuance of Certificate of Occupancy. Contractor shall be entitled only to Contractor's allocated share of permit revenues for inspections provided during the term of this Agreement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business 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. G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at al] times. H. Independent Contractor. 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 shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business, 3. Contractor has the authority to hire subordinates. 4, Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement, 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7. Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but by way of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. PROFESSIONAL SERVICES AGRF.F,MENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 6 OF 18 (' 8. Contractor is an independent contractor for proposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessary tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account, I. Notice. Communication between the City-Contractor Liaison and Contractor regarding day-to-day and adminishative matters shall occur via a-mail or telephone. All other notices squired to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows: City of Meridian Attn: Development Services Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Richard E, Jackson Jackson Code Consultants, Inc. P.O. Box 1303 Meridian, Idaho 83680-1303 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the mamier herein provided. J. Termination. 1. Mutual Consent. This Agreement may be terminated at any time by mutual written consent of Uoth Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of termination, the non-terminating party shall be entitled to compensation for the services performed per' the provisions outlined above up to the effective date of termination, 3. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as i, described under this Agreement for an additional thirty {30) business days or for such period as the parties may agree. During the additional thirty-day term, all provisions PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 7 OF t 8 (' of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in 15-minute increments, City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4. Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: a. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; b. If any professional license, insurance, bond or certificate required by law, regulation or this Agreement to be held by Contractor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; `,. d. Falsification of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or• local laws and rules. £ If Contractor or• its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or• Tf the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations raider this agreement would violate Article VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. PROPESSIONAL SERVICES AGREEMENT POA FIRE PLAN REVIEW AND INSPP.CTION SERVICES PAGE 8 OF 18 {'" K. Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or provisions, whether or not similar, nor shall any waiver in one instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agceement. City shall not be required to reinstate any provisions of this Agreement following a waiver for the provision to be effective in any other instance. M, Indemnity. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees while on City's premises or while fulfilling Contractor's obligations under this Agreement, except for liability arising out of concurrent or sole negligence of City or City's officers, agents, or employees. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees ~' as a result of or arising out of the work performed under this Agreement and arising fiom the sole or joint negligence of Conhactor. N. Assignment. The Conhactor• may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions ofthis Agreement. City may withhold its consent to assignment, succession or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions ofthis Agreement shall bind and inure to the benefit of the patties and their respective successors and permitted assigns. O, Severability. The invalidity or unenforceability of any particular provision ofthis Agreement shall not affect the other provisions, and this Agreement shall be construed in all respects as if any invalid or unenforceable provision were omitted. P, Entire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter ofthis Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter, The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. PROFESSIONAL SERVICES AGREEMENT' POR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 9 OF I $ Q. Nondiscrimination. Contractor agrees that it shall not discriminate against any person ~, in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age. R. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. S. Attorney Fees. In the event an action, suit, or proceeding, including appeal there from, is brought for failure to observe any of the terms of this Agreement, the non-prevailing party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T. Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. J ON CC ~~ Richard E. Jac] ANTS, INC.: CITY OF MERIDIAN: I ~ `o~op~,aeosu~L~, Tam erd, Mayor 3 ~,~ Cityof ~ E IDIAN Attest: ~ ~o•.o '" SERI, I n / ^.~. PRA~ESSI LSERVICES AGREEMENT FOR FEtE REVIEW AND INSPECTION SERVICES PAGE 10 OF 18 Jaycee HolmaD, City Clerk PROFESSIONAL SERVECES AGREEMENT POA FIAE PLAN REVIEW AND INSPECTION SRRVICES PAGE 1 l OP 18 EXHIBIT A SCOPE OF SERVICES Qverview: Contractor shall perform comprehensive commercial fire plan reviews, and detailed fire inspections for any and all building projects and fire protection systems in the City of Meridian. These plan reviews and inspections are to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. I. SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor shall be responsible for performing comprehensive commercial fire plan reviews for any and all building projects in the City of Meridian. Plan review shall be performed before permits are issued. Contractor shall ensure that the appl•oved plans are on-site prior to performing fire inspections. B. Field Inspections. Contractor shall perform field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between 12:00 a.m, and 8:00 a.rn. on a City business day shall be performed that day. Each and every field inspection requested between 8:00 a.m, and 11:59 p.m. on a City business day shall be performed the next business day. Each 1' and every field inspection requested on anon-business day shall be performed the - next business day. C. Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all projects to ensw~e accw'ate valuation. If project scope change occurs, Contractor shall notify the City-Contractor Liaison so that proper adjustments in submittals and valuations are achieved. D, Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks slated to services provided hereunder into the tracking database, including, but not limited to, plan review, plan review comments, field inspections and re-inspections, inspection notes, pass/fail status, and final inspection status, Contractor shall also conduct research as needed for archived information. Contractor shall specify regular or double inspection fees as required. Data entry for every fire inspection shall immediately be entered following the completion of the inspection, E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Conh•actor or his designee shall be available to take phone calls, respond to voice mail and a-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and a-mail messages within one (1) business day. F. Code Amendments and Technological Advancement. Contractm• shall monitor PROFESSIONAL SERVICES AGREEMPNT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 12 OF 18 legislation and technical developments that may affect the building industry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments. Contractor shall be responsible for all associated costs. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which ConU•actor has knowledge, as well as the current International Building Codes adopted by City Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or crimina] penalties for uncorrected violations. H. Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1, hIItE PLAN REVICW a. Commercial Projects (1) Contractor shall complete plan review no more than ten (1l1) business days after receipt of complete application for all commercial applications. (2) Contractor shall provide fire plan review comments, redlines, re-submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. (3) City staff shall install the initial electronic plan files into the city database for all projects requiring fire plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Contractor shall perform plan review for compliance for the fire systems and equipment on all commercial projects. (5) Contractor shall stamp the plan set(s) with appropriate language to signify approval or rejection. Contractor shall provide all stamps used in the review and approval process. b. Tenant Improvement Projects (1) Contractor shall perfoTrn plan review for all tenant improvement projects. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 13 OF 18 (2) Contractor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, Contractor shall complete "Fast Track Tenant Improvement" projects no more than three (3) business days after receipt of complete application. City will notify Contractor of "Fast Track Tenant Improvement" projects through notification in the City's compLlterized permit tracking program. (3) Contractor shall provide plan review comments, redliLres, L•e-submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. (4) Contractor shall perform plan review to verify compliance with the fire systems and equipment on all commercial projects. (5) City staff shall install the initial electronic plan files into the city database for all projects requiring fire plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (6) Contractor shall stamp the plan set(s) with appropriate language to signify ~' approval or rejection, Contractor shall provide all stamps used in the review and approval process. 2. FIRE INSPECTIONS a, Commercial Projects (1) Contractor shall perform all fire inspections for commercial projects, from initial inspection through final inspection. City shall provide all pass/fail inspection tags, and notices for Contractor use. (2} Inspection requests received prior to 8:00 a.m, on a business day shall be performed the same business day. If the request isreceived on anon-business day, the inspection shall be performed the next business day. (3) Contractor shall sign off for final fire inspecticn for Certificate of Occupancy, Temporary CeL~ificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third paL•ty special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders, (4) Contractor shall input all fire inspection information into the tablet PCs using ~" the City's Accela software immediately following the inspection, This shall PROPESSIONAI. SERVICES AGREEMENT POR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 14 OF 18 ~' include, but not be limited to specific information related to inspection, correction notices, and re-inspection, (5) Conhactor shall perform as many inspections as necessary on any permit. Contractor may assess re-inspection fees, per the adopted fee schedule, if items from a previous conrection notice are not corrected when a new inspection is requested. II. SERVICE LEVEL EXPECTATIONS. A. Professio~ralism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display aCity-issued photo identification badge. 2. Provide aCity-issued business card during field inspections, as appropriate. 3. Dress p]•ofessionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than .Tackson Code Consultants, Inc. ~' 4. Wear appropriate clothing and safety gear to protect from personal injury. B. CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be trustworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all t" customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIL'W AND INSPRCTTON SERVICES PAGE 15 OF 18 ~ 4, Excellence: Contractor personnel are asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE l6 GF 18 EXHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR 109006 -- _ =-~ Motion Computin Tablet 109005 Motion Com utin Tablet 100575 HP Mobile Printer 100583 HP Mobile Printer 09553 200W Power Inverter 09554 200W Power Inverter N/A Misc. Charging adapters and tablet cases for each unit PROFESSIONAL SERVICES AGREEMENT FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PACE 17 OF 18 EXHIBIT C PAYMENT SCHEDULE FIRE INSPECTION -PAYMENT SCHEDULE Ty a of Permit Milestone Amount to be aid Fire Commercial -New Fire Residential -New Permit issuance 50% of fees due Contractor Final inspection, signified by "approved" status in Accela 50% of fees due Contractor All other permit types Permit issuance 100% of fees due Contractor PROFESSIONAL SERVICES AGRGGMGN'P FOR FIRE PLAN REVIEW AND INSPECTION SERVICES PAGE 18 Of 18 Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 5Q PROJECT NUMBER: ITEM TITLE: Professional Services Agreement between DMH Enterprises and the City of Meridian for Plumbing Plan Review and Inspection Services MEETING NOTES ~'- OVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MayorTammy de Weerd ~'LVtf9~ CTe~i2V141A~4k1'~Sls: City Council M~e~~irBiFd er~~b i n CI~dr1E~si~e ChaljgSi~r ~a David Zaremba September 20, 2012 TO: Mayor De Weerd City Council Members FROM: Emily Kane, Deputy City Attorney RC: Updated Professional Services Agreement between DNIH Enterprises and City of Meridian for Plumbing Plan Review and Inspection Services The attached Professional Services Agreement between DMH Enterprises and City of Meridian for Plumbing Plan Review and Inspection Services is intended to supersede and replace a similar version of this agreement thatwas executed by the parties on September 4, 2012, This updated. version was negotiated in order to clarify the following provisions: 1. First Recital. Added clause: "WI3EREAS, this Agreement is intended to clarify and supersede the version executed by the Parties on September 4,.2012" in order to makes it clear that this agreement replaces and supersedes the September 4 version of this agreement. 2. Section III(A). Modified provision to clarify that the term of the agreement starts October 1, 2012, rather than upon execution, to effectuate that mutual intention of the parties, 3. Section III(I). Added sentence: "Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement, though it shall provide all required inspection and plan review services related to such permits. through issuance of Certificate of Occupancy" to clarify that Contractor will not be entitled to payment foi• inspections on permits that were pulled prior to the effective date of the agreement. 4. 1';xhibit A, former Section I(H). Removed requirement that Contractor willtracl< and report expired permits, since Accela software is now programmed to provide khis service automatically. PROFESSIONAL SERVICES AGREEMENT BETWEEN DMH ENTERPRISES AND CITY OF MERIDIAN FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES This PROFESSIONAL SERVICES AGREEMENT BETWEEN DMH ENTERPRISES AND CITY OF MERIDIAN FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES ("Agreement") is made and entered into this 25 day of S2 rasher, 2012, by and between DMH Enterprises ("Contractor") whose address is 1116 n. Dawn Drive, Boise, Idaho 83713, and the City of Meridian ("City") whose address is 33 East Broadway Avenue, Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties." WHEREAS, this Agreement is intended to clarify and supersede the version executed by the Parties on September 4, 2012; WHEREAS, the City is a municipal corporation created under the laws of the State of Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into contracts for the purpose of implementing such codes; and WHEREAS, the City Council of City finds that it is in the best interest of the health, safety, and welfare of the people of the City of Meridian to enter into this Agreement with Contractor; and NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, Contractor and the City hereby agree and contract as follows: I. RESPONSIBILITIES OFCONTRACTOR. A. Scope of Services. Contractor shall perform the necessary services and adhere in all respects to the service level expectations set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein by reference. B. Continuity of Operations. Where, as to any task performed or service provided hereunder, Contractor is unable for any reason to meet the obligations and time constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to make decisions on Contractor's behalf, (2) in good standing with all relevant licensing authorities, and (3) hold at least the minimum certifications required by section I. (D) herein. Contractor shall notify the City-Contractor Liaison of any and all such designations. C. Contractor's Employees. Contractor's employees, designees, subcontractors, and delegee shall be bound by all of the terms and conditions of this Agreement, including the service level expectations set forth in Exhibit A, Scope of Services, and all qualifications required of Contractor hereunder, except as otherwise specified in this Agreement, and ( except as to clerical or administrative tasks not requiring such qualifications. Plumbing PROFESSIONAL $ERVICES AGREEMENT FOR PLUMBRJG PLAN REVIEW AND INSPECTION SERVICES PAGE 1 OF 16 i'.,. field inspectors shall be certified per section L(D)(1) herein. Plumbing plan reviewers shall be certified per section I.(D)(2) herein, Within seven (7) business days of execution of this Agreement, and thenceforth within seven (7) business days of hiring or reassigning personnel to provide services hereunder, Contractor shall provide to City a list of all Conhactor personnel who are employed or otherwise assigned by Contractor to provide services under this agreement, including such personnel's credentials and qualifications. City may withhold its consent to such employment, designation, subcontract, or delegation or other transfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed hansaction would not serve the best interest of the City of Meridian. D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be sufficiently qualified to provide services in the manner and in the timeframe established by this provision and all provisions of this Agreement. Specifically, without limitation, Contractor shall be in good standing with all relevant licensing authorities and shall, at a minimum, hold the following certifications; 1. International Association of Plumbing Officials "(IAPMO) Plumbing Inspector" certification which certifies inspector in both residential and commercial disciplines. 2, International Association of Flumbing Officials (IAPMO) Plumbing Plans Examiner within six months of the execution of this agreement; 3, Any and all other certifications required bylaw. E. Office Hours. Contractor shall establish regular office hours during which Contractor, or Contractor's duly authorized designee, shall commit to being available at Meridian City Hall during City business hours to perform administrative tasks required under Bxhibit,4, Scope of Services. F, Cell Phone. Contractor and Contractor's employees shall maintain, at Contractor's expense, a cellular telephone with voice mail, and shall provide the telephone numbers thereof to the City-Contractor Liaison For City's use in administering this Agreement. G, Prohibited Services; Conflicts of.Interest. Conhactor shall not perform any work under the guise of another business entity, personally or professionally, on any property or work that is inspected by Contractor or that falls under the inspection responsibilities of Conhactor as contemplated by this agreement. Contractor is strictly prohibited from referring any work to Contractor, or any company with which Contractor is associated, whether personally or professionally. Contractor's use of any City resource shall be limited exclusively to the work related to this Agreement. Contractor shall report to the City-Contractor Liaison any potential conflicts of interest it may have relative to a construction project. H, Public Records. Contractor acknowledges that all records containing information relating to the conduct or administration of this Agreement and services provided PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN ItGVIEW AND INSPECTION SERVICES PAGE 2 of 16 ~' hereunder prepared, owned, used or retained by Contractor are public records and as such are subject to City's records retention schedule and/or the Idaho public records act. Contractor shall, upon request and within two (2) working days of such request, provide requested information or records to the City Clerk's Office where such information is maintained by Contractor in a location or format not readily accessible by City. Contractor shall, upon request, prepare and provide to City all data collected and/or reports prepared regarding services conducted under this Agreement. I. Insurance. Contractor shall name the City as additional insured as stated in I. (1)(3) herein only with respect to Contractor's activities performed under this Agreement. Such insurance shall be evidenced by a certificate of insurance issued by an insurance company licensed to do business in the State of Idaho and containing athirty-day notice of cancellation endorsement. Contractor shall obtain (at Contractor's sole expense) and maintain throughout the term of this Agreement, and upon execution of this agreement shall provide City with proof of each and all of the following insurance coverages: 1. Comprehensive general liability insurance with a combined single limit of not less than one million dollars ($1,000,000) per occurrence for property damage and bodily injury or death, naming the City of Meridian as an additional insured. In the event a unilateral cancellation or restriction by the insurance company of the insurance policy referred to in this paragraph, Contractor shall notify City in writing within three (3) business days. City has the right to suspend portions of ~' this Agreement in the City's sole discretion if Contractor's general liability insurance is revoked, cancelled, expires or Contractor is otherwise without general liability insurance. Contractor shall be afforded a reasonable time to obtain insurance, If Conhractor cannot obtain insurance within a reasonable time, City may terminate this Agreement. 2. Automobile liability insurance with a combined single limit per occurrence of not less than five hundred thousand dollars ($500,000). 3. Errors and omissions insurance for the services under this Agreement, in an amount of not less than five hundred thousand dollars ($500,000) per occurrence, naming the City of Meridian as an additional insured. 4. Workers' compensation insurance on Conhractor and all persons in Contractor's employ in the minimum amount(s) and as required by Idaho law. This provision shall apply to Contractor even if Contractor is acting as a sole proprietor, regardless of the worker's compensation insurance requirements of the State of Idaho regarding sole proprietors. 7. Compliance with Applicable Law and City Policies. Contractor shall comply with all federal, state, City, and other laws and ordinances applicable to services performed under this Agreement. When performing services under this Agreement, Contractor shall adhere to all City policies pertaining to workplace conduct, including but not limited to policies related to use of City equipment, drug and alcohol policy, computer and PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIGW AND INSPECTION SERVICES PAGE 3 or• 16 electronic equipment usage, and safety. City shall provide notice to Contractor of any amendments or modification of City ordinances adopting or amending relevant codes or policies, K. Electronic Equipment. City shat[ supply, for Contractor's use in completing tasks and providing services under this Agreement, electronic equipment enumerated in Exhibit B, Tablet PCs arul Related Equipment Issued to Contractor hereto. Any electronic equipment furnished by City for use by Contractor shall be utilized for the sole purpose of conducting services enumerated under this Agreement. The use of personal electronic equipment, other than cellular telephones is prohibited while in the office, No personal electronic files of any kind may be stored on City-issued equipment. Contractor shall take all necessary measures to maintain all hardware and software in good working condition. City shall perform all necessary maintenance and repair of City-issued equipment. Contractor shall reimburse City for the cost of any major repair or replacement ofCity-issued equipment that becomes necessary due to loss, theft, or damage, regardless of cause, except that City shall be responsible for the cost of replacement where necessary due to internal component failure. All City-issued equipment is and shall remain the property of City at all times during the performance of this Agreement, and shall be immediately returned to City in good working condition upon termination or expiration of this Agreement. II. RESPONSIBILITIES OF CITY. A. Incidental Oflice Supplies. City shall provide, for Contractor's use in performing services under this Agreement, office space at Meridian City llall, desk, computers and other electronic equipment, telephone system, inspection tags, permit notices, business cards, and incidental clerical staff services. City shall maintain ownership of all City equipment provided by the City and made available to the Contractor for this purpose, One soft-bound copy of all adopted codes will be available for shared use at Meridian City Hall. To the extent that Contractor needs or desires additional supplies or services that are not provided by City under this Agreement, such supplies or services shall be provided at the sole cost and expense of the Contractor. B. City-Contractor Liaison. City shall designate a City employee to act as a City- Contractor Liaison, which City employee shall act as the City's representative with regard to day-to-day administrative matters related to Contractor's services under this Agreement. City shall provide to Contractor the name, a-mail address, and telephone number of the City-Contractor Liaison. III. GENERAL PROVISIONS. A. Term. This Agreement shall become effective on October 1, 2012, and shall expire on September 30, 2015, unless sooner terminated as provided below. Time is of the essence in Contractor's performance of each and every obligation under this Agreement. This Agreement term may be extended by separate written addendum, duly executed by both parties. PROFESSIONAL SERVICES AGREEMENT FOR PLUMEING PLAN REVIEW AND INSPECTION SERVICES PAGE 4 or• 16 B, Non-Appropriation of Funds. This Agreement shall in no way or manner be construed so as to bind or obligate City beyond the term of any particular appropriation of funds by Meridian City Council. The City reserves the right to terminate the Agreement if the Meridian City Council fails, neglects, or refuses to appropriate sufficient funds as may be required for City to continue its required performance under this Agreement. If City Council fails to appropriate funds for this Agreement for any fiscal year then this Agreement will terminate automatically, with no consequence to the City, on the last day of the last fiscal year of appropriated funds. C. Revenue Allocation. Contractor shall be entitled to the following shares of building permit fee revenues collected by City directly relative to the specific fee schedule adopted by the City of Meridian on the effective date of this contract. If changes or new permit fee schedules are adopted by the City of Meridian, the contractor payments will not be adjusted and will be payable per the fee schedules in effect on the date of the commencement of this contract; 1. Sixty percent (60%) of commercial and residential plumbing permit fees collected by the City annually. D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly, and only upon prior written approval of or written request for such services, Contractor t may charge City an hourly rate of no more than $50.00 per hour. City shall not be obligated to pay Contractor an hourly rate for any service provided without City's prior written approval or request. E. Payment. Fees pertaining to services provided under this Agreement shall be collected by City. City shall remit Contractor's share of permit revenues collected by the City in accordance with Exhibit C, Payment Schedule, no later than the tenth (10th) day of the month following attainment of the specified Milestone. City shall maintain an accounting of all permit fees and shall provide to Contractor a full accounting therefore upon request. It is acknowledged by the parties that the City collects permit fees when permits are issued. Contractor shall not be entitled to payment for permits already pulled and active as of the effective date of this Agreement, though it shall provide all required inspection and plan review services related to such permits through issuance of Certificate of Occupancy. Contractor shall be entitled only to Contractor's allocated share of permit revenues for inspections provided during the term of this Agreement. F. Liquidated Damages. Contractor shall be liable to the City for any delay beyond the time periods specified in this agreement, in the amount of two hundred fifty dollars ($250.00) for each business 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. PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 5 of 16 G. Records. All records, including those of costs, reimbursable expenses, and payments shall be kept to generally recognized accounting methods and standards and shall be available to the other Party at all times. H. Independent Contractor. In al] matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee of City in any manner or for any purpose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3, Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement, 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Contractor shall be responsible for payment of any Federal or state taxes required as a result of this Agreement. 7, Contractor shall not be entitled to any benefits generally granted to City employees. Without limitation, but byway of illustration, the benefits which are not intended to be extended by this Agreement to the Contractor include: vacation, holiday, sick, or other leaves of pay; medical or dental insurance; or, retirement benefits. Contractor is an independent contractor for purposes of the Idaho Workers' Compensation laws, and shall comply with all applicable Workers' Compensation insurance requirements. 9. Substantially all necessazy tools, equipment, supplies and all other administrative support expenses will be furnished by Contractor, with the exception of the incidental items to be furnished by City as set forth herein. 10. Contractor will not be eligible for any Federal Social Security, State Workman's Compensation or unemployment insurance payment from the City or charged to City's account. I. Notice. Communication between the City-Contractor Liaison and Contractor regarding day-to-day and administrative matters shall occur via a-mail or telephone. All other PROFESSIONAL SERVICES AGREEMENT FOR PLUMBRJG PLAN REVIEW AND INSPECTION SERVICES PAGE 6 OF 16 ~' notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed respectively as follows; City of Meridian Dennis Holte Attn: Development Services Manager DMH Enterprises 33 E. Broadway Avenue 1 116 N. Dawn Drive Meridian, Idaho 83642 Boise, Idaho 83713 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. J. Termination. 1, 1Vlutual Consent. This Agreement may be terminated at any time by mutual written consent of both Parties. 2. Best Interest of City or Contractor. City may terminate this Agreement by providing sixty (60) business days written notice to the other party if, at any time, for any reason, City determines that termination of the Agreement is in the best interest of City. Contractor may terminate this Agreement by providing sixty (60) business ~' days written notice to the other party if, at any time, for any reason, Contractor determines that termination of the Agreement is in the best interest of Contractor. In the event of ternunation, the non-terminating party shall be entitled to compensation for the services performed per the provisions outlined above up to the effective date of termination. Transition Period Following Termination. Upon written request of City, following the sixty-day notice period described above, Contractor shall provide services as described under this Agreement for an additional thirty (30) business days or for such period as the parties may agree. During the additional thirty-day term, alI provisions of this Agreement shall apply, except that City shall compensate Contractor $50.00 per hour for each hour worked. To receive payment, Contractor shall submit to City a detailed invoice, including time records containing date, service provided, and time expended, recorded in ] 5-minute increments. City shall provide payment to Contractor within thirty (30) business days of receipt of invoice. 4, Changed Conditions. City may terminate or modify this Agreement, in whole or in part, effective immediately upon delivery of written notice to Contractor, or at such later date as may be established by City under the following conditions: a. If federal or• state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement; PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 7 OF 16 b. If any professional license, insurance, bond or certificate required bylaw, regulation or this Agreement to beheld by Contractor to provide the services required by this Agreement, is for any reason denied, revoked, suspended, or not renewed; c. If City has evidence that Contractor in the course of its duties herein has endangered or is endangering the health and safety of clients, residents, staff or the public; d. Falsification of records by Contractor; e. Failure of Contractor to comply with the provisions of this Agreement or any applicable Federal, state or local laws and rules. f. If Contractor or its agents engage in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; g. If justified, documented complaints are made against Contractor or its agents for failure to provide services as specified herein or failure to perform duties in a courteous and professional manner; h. If Contractor fails to perform any of the provisions of this Agreement, or fails to perform work under this Agreement in accordance with its terms, and after receipt of written notice from City fails to correct such failures within fourteen (14) business days or other period as specified; or i. If the City Council determines that immediate termination of the Agreement is in the best interests of the City, including but not limited to a determination by the City Council that the obligations under this agreement would violate Article 'VIII, Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or refusal to appropriate sufficient funds as may be required for City to continue to perform its obligations under this agreement. K, Time of the Essence. Time is of the essence in Contractor's performance of each and every obligation and duty under this Agreement. L, Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or by law shall not constitute a waiver of any other rights, remedies or• provisions, whether or not similaz•, nor shall any waiver in orie instance constitute a waiver in any other instance or constitute a continuing waiver. The rights and remedies provided herein are not exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. City shall not be required to reinstate any provisions of this Agreement Following a waiver for the provision to be effective in any other instance. M• Indemnity. Contractor shall indemnify, defend, save, and hold harmless the City and ~•. any and all of City's officers, agents, or employees from any and all losses, claims, suits, PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPBCTTON SERVICES PAGE 8 OF 16 actions, ox judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees while on City's promises or while fulfilling Contractor's obligations under this Agreement, except for liability arising out of concurrent or sole negligence of City or City's officers, agents, or employees. Contractor shall indemnify, defend, save, and hold harmless the City and any and all of City's officers, agents, or employees from any and all losses, claims, suits, actions, or judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Contractor, its servants, agents, employees, guests, and/or business invitees as a result of or arising out of the work performed under this Agreement and arising from the sole or joint negligence of Contractor. N. Assignment, The Contractor may not subcontract, assign, or transfer any right or duty arising hereunder without the prior written consent of the City. Any subcontractor, transferee, or assignee shall be bound by all of the terms and conditions of this Agreement. City may withhold its consent to assignment, succession or other h~ansfer of Contractor's rights and responsibilities under this Agreement, when City, in its reasonable discretion, determines that the proposed transaction would not serve the best interest of the City of Meridian. The provisions of this Agreement shall bind and inure to the bene£t of the parties and their respective successors and permitted assigns, 0. Severability. The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions, and this Agreement shall be construed in alt respects as if any invalid or unenforceable provision were omitted. P, 1Cntire Agreement; Modification. This Agreement embodies the entire agreement and understanding between the parties pertaining to the subject matter of this Agreement, and supersedes all prior agreements, understandings, negotiations, representations, and discussions, whether verbal or written, of the parties pertaining to that subject matter, The Agreement may not be changed, amended, or superseded unless by means of writing executed by both Parties hereto. Q, Nondiscrimination. Contractor agrees that it shall not discriminate against any person in the performance of this Agreement, on the grounds of race, gender, religion, national origin, sexual orientation, marital status, disability, or age, R. Survival. All provisions of this Agreement which contain continuing obligations shall survive its expiration or termination. S. Attorney Fees. In the event an action, suit, or proceedung, including appeal therefi~om, is brought for failure to observe any of the terms of this Agreement, the non-prevailing party shall be responsible for the.prevailing party's attorney's fees, expenses, costs, and disbursements for said action, suit, proceeding or appeal. T, Governing Law; Venue. This Agreement shall be governed and construed in accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict PROFESSTONAL SERVICES AGREEMENT POR PLUMBING PLAN I2EVIL'W AND INSPF,CTTON SERVICES PAGE 9 OF I G of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and (, Contractor that arises from or relates to this Agreement shall be brought and conducted solely and exclusively with the Fourth Judicial District Court of Ada County for the State of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall be brought and conducted exclusively within the United States District Court for Idaho. U. Exhibits. Al] exhibits to this Agreement are incorporated by reference and made a part of this Agreement as if the exhibits were set forth in their entirety in this Agreement. V. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council. IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day and year first above. DMH ENTERPRISES: C Dennis Holte, Owner CITY OF MERIDIAN: Tammy erd, Mayor _ 44°A,,Ta°"°Cb\ 2~0 Attest: ~ ~ ~r Gty of SEAL ~~Ve PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERV ICES PAGE 10 OF 16 EXHIBIT A SCOPE OF SERVICES Overview: Contractor shall perform comprehensive commercial plan reviews prior to perrrLit issuance and detailed plumbing inspections for any and a[1 building projects in the City of Meridian. These plan reviews and inspections are to ensure compliance with all current codified or ordained codes of the City. Contractor shall provide notices to the permit holder and the City of any violation; and order correction of any such violation. I. SERVICES PROVIDED BY CONTRACTOR. A. Plan Review. Contractor shall be responsible for performing comprehensive commercial plan reviews, prior to permit issuance for any and all building projects in the City of Meridian. Plan review shall be performed before permits are issued. Contractor shall ensure that the approved plans are on-site prior to performing plumbing inspections. B, Field Inspections. Contractor shall perform field inspections to verify and incorporate the requirements of plan review. Each and every field inspection requested between ] 2:00 a.m. and 8:00 a.m. on a City bushness day shall be performed that day. Each and every field inspection requested between 8:00 a.m. and 11:59 p.m, on a City business day shall be performed the next business day. Each and every field inspection requested on anon-business day shall be performed the next business day, C, Certification of Project Value. Contractor shall review submitted Certificates of Valuation for all projects to ensure accurate valuation. If project scope change occurs, Contractor shall notify the City-Contractor Liaison so that proper adjustments in submittals and valuations are achieved, D, Computerized Permit Tracking Programs. Contractor shall utilize the Tablet PC and Accela Software provided by City to input data regarding the status of tasks related to services provided hereunder into the tracking database, including, but not limited to, plan review, plan review comments, field inspections and re-inspections, inspection notes, pass/fail status, and final inspection status. Contractor shall also conduct research as needed for• archived information. Contractor shall specify regular or• double inspection fees as required. Data entry for every plumbing inspection shall immediately be entered following the completion Gf the inspection. E. Administrative Tasks. During Contractor's office hours at Meridian City Hall, Contractor or his designee shall be available to take phone calls, respond to voice mail and a-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City, Contractor shall respond to voice mail and a-mail messages within one (1) business day. F. Code Amendments and Technological Advancement. Contractor shall monitor PROFESSIONAL SERVICES AGREEMENT FOR PLUMBMG PLAN REVIEW ANO INSPECTION SERVICES PAGE 11 OP 16 t' legislation and teclmical developments that may affect the building industry. This may include, but shall not be limited to, attending meetings, conferences, workshops, and training sessions to become and remain current on principles, practices, and new developments, Contractor shall be responsible for all associated costs. G. Code Compliance. Contractor shall assist City in enforcing appropriate ordinances, including ordinances related to land use, building sites, and building uses. Contractor shall report to the City of Meridian City-Contractor Liaison any observed violations of City Code of which Contractor has knowledge, as well as the current International Building Codes adopted by City. Contractor shall collaborate with City personnel on the investigation and enforcement of civil and/or criminal penalties for uncorrected violations. H, Process and Performance Standards. Contractor shall provide services in accordance with the following process and performance standards: 1. PLUMBING PLAN REVICW a. Commercial Projects (1) Contractor shall complete plan review no more than ten (10) business days after receipt of complete application for all commercial applicafions. (2) Contractor shall provide plumbing plan review comments, redlines, re- submittal requests and other correspondence via email to design professional of record and to City, and shall archive same in the manner and in the location specified by City. (3) City staff shall install the initial electronic plan files into the city database for all projects requiring plumbing plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database, Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. (4) Contractor shall perform plan review for compliance of the plumbing systems and equipment on all commercial projects including medical gas systems and storm drain systems. b. Tenant Improvement Projects (1) Contractor shall perform plan review for tenant imprrovement projects. t (2) Contractor shall complete plan review no more than seven (7) business days after receipt of complete application, except when determined by the City, PROFESSIONAL SERVICES AGREGMGNT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 120E 16 ~ Contractor shall complete "Fast Track Tenant Improvement" projects no more than three (3) business days after receipt of complete application. City will notify Contractor of "Fast Track Tenant Improvement" projects tluough notification in the City's computerized permit tracking program. (3) Contractor shall provide plan review comments, redlines, re-submittal requests and other correspondence via email to all design professionals of record and to City, and shall archive same in the manner and in the location specified by City. (4) City staff shall install the initial electronic plan files into the city database for all projects requiring building plan review. Contractor shall be responsible to install all resubmitted plan files and documents in the same city database. Contractor shall also be responsible to incorporate resubmitted hard copies into plan set(s) issued for construction. 2. PLUMBING INSPECTIONS a. Commercial and Residential Projects, including all plumbing systems, medical ( gas systems and storm drainage systems upstream of the seepage beds, (1) Contractor shall perform all plumbing and inspections for commercial and residential projects, from initial inspection through final inspection, City shall provide al] pass/fail inspection tags, and notices for Contractor use. (2) Inspection requests received prior to 8:00 a.m, on a business day shall be performed the same business day. If the request is received on anon-business day, the inspection shall be performed the next business day. (3) Contractor shall sign off for final plumbing inspection for Certificate of Occupancy, Temporary Certificates of Occupancy, and Letters of Substantial Completion following satisfaction of all inspections and review of any third party special inspection reports. As appropriate, Contractor shall provide notices of violations of applicable standards to permit holders. (4) Contractor shall input all plumbing inspection information into the tablet PCs using the City's Accela software immediately following the inspection. This shall include, but not be limited to specific information related to inspection, correction notices, and re-inspection. {5) Contractor shall perform as many inspections as necessary on any permit. Contractor may assess re-inspection fees, per the adopted fee schedule, if PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 13 OF 16 items from a previous correction notice are not corrected when a new inspection is requested. IT. SERVICE LEV1;L EXrECTATIONS. A. Professionalism. When performing services under this Agreement, Contractor shall be professional in demeanor and in conduct, and to that end shall at all times: 1. Display aCity-issued photo identification badge. 2. Provide aCity-issued business card during field inspections, as appropriate. 3. Dress professionally. While performing services for the City of Meridian, the Contractor, its subcontractors, if any, and all employers working under this contract shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other than DMH Enterprises. 4. Wear appropriate clothing and safety gear to protect from personal injury. B, CARE Principles. City expects all contract personnel, including Contractor, to in good faith and to the extent reasonably required perform services in accordance with the City's four organizational values and corresponding behaviors, identified by the City as ~ significant and vital to the success of the City as a whole: Customer Service, Accountability, Respect, and Excellence. 1, Customer Service: Contractor is asked to respond to customers in a genuine, positive, and timely manner; presenting a polite and approachable persona; maintaining composure under difficult circumstances; sharing information regarding the customer's concerns; and following up with customers. 2. Accountability: Contractor acknowledges that each of us is responsible for our own work, choices, and actions. Contractor personnel are asked to be responsible for their actions; actively participate as a team member; make legal and ethical decisions; and provide accurate and current information regarding expectations, priorities, and accomplishments. 3. Respect: Contractor personnel are asked to be tlvstworthy and courteous; acknowledge and accept people with diverse opinions and backgrounds; treat all customers and co-workers fairly, equally, and as you would want to be treated; and avoiding gossip or passing information of a confidential or private nature. 4. Excellence: Conh~actor personnel arc asked to be professional, flexible, and adaptable to community needs; to increase efficiency as well as effectiveness by looking for ways to improve processes; and to provide feedback regarding processes or proposed changes. PROFESSIONAL SERVICES AGRL''EMENT FOR PLUMDING PLAN REVIEW AND INSPECTION SERVICES PAGE 14 OF 16 EXHIBIT B TABLET PCs AND RELATED EQUIPMENT ISSUED TO CONTRACTOR PROFESSIONAL SERVICES AGREEMENT FOR PLUMBING PLAN REVIEW AND INSPECTION SERVICES PAGE 15 or 16 EXHIBIT C PAYMENT SCHEDULE PLUMBING INSPECTION -PAYMENT SCHEDULE T e of Permit Milestone Amount to be aid Plumbing Commercial -New Plumbing Residential -New Permit issuance 70% of fees due Contractor Final inspection, signified by "approved" status in Accela 30% of fees due Contractor All other permit Types Permit issuance 100% of fees due Contractor PROFESSIONAL SERVICES AGREEMENT FOR PLUMEMG PLAN REVIEW AND INSPECTION SL'RVICGS PACE 16 or• 1G Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Jtems Moved from Consent Agenda 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 Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update 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 Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 7g PROJECT NUMBER: ITEM TITLE: Community Development: Business Registry Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT ~ NOTES INITIALS P N ~ ~ ~ W m N ~ ~ ~ o ~ W ~ w ~ ~ W Z Z Q J N W C/~ w Z cn W o! O r Q O N Q' N ~ Z W d ~ W ~3 z0 J N O m m U L" ~ o ~ u U N c o E •- a m O O N N ~ a ,U =~o~ Q N ~ ~ ~ O CCN p ~ U G j O o 0 U ~U C O U O Q o_ a N O O a c a m c .~ N N d C N m M N a T W } O ~ Z Q U i~¢ - o a c~ O a $ ~ -°a U U c ~ ~ O N 4 ~ ~ O O aUU ~'~ w ~ ~ p ~ ~ 0 N ~ Ol C N ~ N ~ d VI d Q 0 0 0 0 0 O o_ N N 3 N C N E O U U Q d O) c .~ O O .~ U O Z C Cp h M ~ ~ N LL N P~ M O N M ~ ~ W ~ N N N N 9 9 ~ 3 ~ ~ ~ a i cv a i > U ®N o~N v> V ~~N n N G1 9 E w 0 Z i 'u c O U m C O U d Q .n O O_~ O .n C7 v ~, o 7 U p O F C O .~ m T C E E 0 U N C .? m O c t N a E ~ O ~U O~ i ~ `ca ~ , w ~ N N O N c ~ O U Q 7 ~ d O p L U Z W F U O a ~ ~ ~ ~ N N N N O~ ~ M O N M `~ ^ ~NN v> N o. ~ N ~ ~~E IDIAN~-- IIJAkiO City of Meridian Business REGISTRATION FORM (Please Print & Answer All Questions -Incomplete Applications Will Not Be Processed) Official Use Only ^ NEW APPLICATION ^ CHANGE OF ADDRESS Internal Number: ^ HOME OCCUPATION ^ CHANGE OF OWNER Today's Date: 7/12/2012 __ ^ BUSINESS NAME CHANGE _ _ AWNER/BUSINESS INFORMATION Business Name: (Last Name, First Name ifsole proprietors_ hip or single member LLC filing as a so% proprietorship) I Doing Business As: _ Contact/Owner last name: First: Middle: e-mail address Main Contact Phone Number: I Street Number & Suite i Directional & Street Name: Street Type: P.O. box: City: State: _ ZIP Code: j Parcel #: Owner Type: **In Case Of Emergency 24 Hour Contact: I, State Tax ID #: After Hours Contact Information ~I ^ Proprietorship/Sole Owner ^ Partnership ( ) 1' ^ Corporation ^ LLC 2. ( ) ^ Not For Profit ^ Other (please explain) Own or Rent (Please Circle) BUSINESS MAILING ADDRESS3F DIFFERENT FROM ABOVE ', Name: L ..-- ------ -- -.._..---- _.. et Number (P.O. Box Accepted): Street Name: Street Type: - City: State: I ZIP Code: -- PRIMARY BUSINESS LOCATION ADDRESS `I = _ Business Name: _ (List Additional business locations below - No P.O. Boxes) - .. ; Street - - - -- - _. - -- Street Number: Directional: Street Name: Street Type: ~'....... City: State: 'ZIP Code: '. Meridian Phone: _ Fax: _ **Again - In Case of Emergency 24 Hour Contact for this location: 1. e-mail address: i 2. Name: Own or Rent ADDITIONALiOCATIONS Please enter Naia Code *Link to Naics Code htto://www.census.oov/eos/www/naics/ '. Business Name: ' Street Street Number. Street Name: ;Street Type: ' - Directional: City: State: ZIP Code: ' ''. Meridian '. .Phone: Fax: ~ **Aga~se of Emergency Z4 Hour Contact for this location: '. ~~ ( ) ( ) 1. ( ) ' email address: 2. ( ) '~~ _ 1_ _ _ _ _ Managers Name: Own or Rent (Please Circle) Business Name: (List Additional business locations below - No P.O. Boxes) '~, Street Number: Directional: Street Name: ;Street Type: ', ~' City: State: ~ ZIP Code: '.. Meridian I '.. Phone: Fax: **Again - In Case of Emergency Z4 Hour Contact for this location: ' ~I ( ) ( ) 1. ( ) !. ~~ i e-mail address: 2. ( ) '.. Managers Name: Own or Rent (Please Circle) '. Will hazardous materials be stored, used or dispensed at this business? **Link to Hazardous Materials page htto~//www eoa oov/osw/hazard/wastetvoes/wasteid/index htm ^ Yes ^ No If "yes" explain and provide the location of the Material Safety Data Sheets within the business Will Flammable/combustible liquid be stored or dispensed at this business? ^ Yes ^ No If "yes" what Class of Flammable/combustble liquid will be used in what quantities What is the Square Footage of the building or space where the business is located? SIGNATURE I understand that my signature indicates that all of the information contained on this application is true and correct...legal jargon & Fee Signature Date Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: $A PROJECT NUMBER: PP 12-010 ITEM TITLE: Mulberry Subdivision Continued from August 28, 2012: Public Hearing: PP 12-010 Mulberry Subdivision by Settlers Park, LLC Located Southwest Corner of N. Meridian Road and W. Ashby Drive Request: Preliminary Plat Approval Consisting of Five (5) Building Lots on 2.4 Acres of Land in an R-15 Zoning District MEETING NOTES ~I~h s~ 9` "~ APPROVED w~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT - NOTES INITIALS Meridian City Council Meeting I DATE: September 25, 2012 ITEM NUMBER: ,$~ PROJECT NUMBER: CUP 12-006 ITEM TITLE: Continued from August 28, 2012: Public Hearing Mulberry Subdivision by Settlers Park LLC Located at Southwest Corner of N. Meridian Road and W. Asby Drive Request: Conditional Use Permit Approval of aMulti-Family Development in an R-15 Zoning District Consisting of Thirty-Six (36) Residential Units on 2.4 Acres of Land MEETING NOTES ~~ '~~- V~~ p PROVED ~ ~ Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 2 PROJECT NUMBER: VAC 12-004 ITEM TITLE: Southeast Corner Marketplace No. 2 Public Hearing: Vacate a public domestic water and sewer easement platted on Lots 10-12, Block 1 of Southeast Corner Marketplace Subdivision NO. 2 (file FP 07-020) by The Land Group, Inc. -Southeast Corner of E. Ustick Road and N. Eagle Road MEETING NOTES ~/ PVED 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: September 25, 2012 ITEM NUMBER: ,$~' PROJECT NUMBER: SHP 12-003 ITEM TITLE: Whitehawk Subdivision Public Hearing -Short Plat approval consisting of 3 building lots on 2.11 acres of land in a C-G zoning district by GGR, LLC - 2134 E. Franklin Road 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 Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: I ~~ PROJECT NUMBER: TEC 12-009 ITEM TITLE: Three Corners Public Hearing: Two year time extension on the preliminary plat for Three Corners Subdivision by Three Corners, LLC -SEC of Chinden Boulevard and N. Locust Grove Road 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 Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: ~~ PROJECT NUMBER: ITEM TITLE: Public Comment & First Reading of Ordinance No. ~a '/~o1G~ Downtown Core Sidewalk Facility Standards Update -Proposed Draft Title 8, Chapter 1 Ordinance and Proposed City of Meridian Improvement Standards MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: Q/~ PROJECT NUMBER: ITEM TITLE: Legal/Fire Departments: Collective Labor Agreement between City of Meridian and International Association of Fire Fighters, Local #4627, Meridian Chapter MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info.INotes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS COLLECTIVE LABOR AGREEMI~~NT between CITY OF MERIDIAN ana~ .MERIDIAN FIREFIGHTERS I.A.F.F. LOCAL 4627 Effective October 1, 2012 -September 30, 2014 ~: ~ ~ TABL>; OF CONTENTS AGREEMENT PREAMBLE ......................................................................................................... I ARTICLE I -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-SICI{ LEAVE .......................................................................................................7 ARTICLE 1 I -INJURY LEAVE ................................................................................................... 8 ARTICLE 12 -VACATION EMERGENCY-INCIDENTIAL & HOLIDAY LEAVE .............. 9 ARTICLE 13 -RELIEF PERSONNEL ....................................................................................... 12 ARTICLE 14 -VACANCIES ....................................................................................................... 12 ARTICLE 15 -PROMOTIONS ................................................................................................... 13 ARTICLE 16 -GRIEVANCE PROCEDURE .............................................................................. 15 ARTICLE 17 - NO STRII{ES - NO LOCI{OUT ........................................................................ 17 ARTICLE I S -UNIFORM ALLOWANCE AND ISSUED EQUIPMENT ............................... 17 ARTICLE 19 -HOURS OF WORI{ AND DESIGNATED WORI{HOURS ............................ 18 ARTICLE 20 -BEREAVEMENT LEAVE ................................................................................. 20 ARTICLE 21 -ADDITIONAL DUTY AND COMPENSATION .............................................. 20 ARTICLE 22 -WORT{ING OUT OF CLASSIFICATION .........................................................22 ARTICLE 23 -STAFFING .........................................................................................................22 ARTICLE 24 -SALARIES ......................................................................................................... 24 ARTICLE 25 -ALCOHOL & DRUG POLICY .......................................................................... 24 ARTICLE 26 -HEALTH AND WELLNESS .............................................................................24 ARTICLE 27 - RETURN TO FORMER POSITION .................................................................. 25 ARTICLE 28 -SAVINGS CLAUSE ........................................................................................... 27 ARTICLE 29 -EFFECTIVE DATE ............................................................................................ 27 APPENDIX "A" -WAGE SCHEDULE APPENDDC "B" -DRUG & ALCOHOL POLICY APPENDIX "C" -UNIFORMS AND ISSUED EQUIPMENT 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 [JNION, 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: 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 Firelighters of the Meridian Fire 17 Department 18 These employees currently work shifts defined by Article 19.1. The positions 19 incorporated by this Agreement aze for Introductory/Probationary, Firefighter I, II, III, 20 Engineer, and Captain of Suppression. 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 is Captain Fire Inspector, Training Captain, and may include 25 Suppression Firefighter personnel that are assigned on a temporary basis for training or light 26 duty. Temporarily assigned personnel will not be required to flex their forty (40) hour per 27 week schedule, as defined in Article 19.2, without mutual consent by the individual and the 28 department. Temporazily assigned personnel shall not have their vacation or sick leave 29 converted pursuant to Article 12.1, but will only accrue vacation and sick leave at the forty (40) 30 hour per week employee rate during the temporary assignment. 31 32 COLLECTIVE LABOR AGREEMENT - Page I of 27 1 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 or 20 alteration of any such right, privilege or benefit cannot be done arbitrarily, for retaliation, for the 21 purposes of harassment, or in a manner resulting in disparate treatment, and must be with just 22 cause by Management. Any change shall be subject to the Grievance Procedure. Nothing in 23 this Article is intended to supersede the City's obligation to negotiate pursuant to the provisions 24 of Section 18, Title 44, Idaho Code, or to supersede any other terms or conditions of this 25 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; Detennining the levels of service (.OLEE(TIVE IABOR AGREEMENT -Page 2 of Z7 1 and methods of operations; To create and oversee personnel policies, rules and regulations not 1 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 to 7 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 period of 15 the contract to either (1) discuss procedures for avoiding grievances and other problems, or (2) 16 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 Fire Chief is given 29 seventy-two (72) hours notice and approves such leave. Up to three (3) members of the Union's 30 Contract Negotiation Committee shall be allowed time off either as leave without pay or 31 vacation time at the employee's discretion, for all meetings with the CITY for contract COLLECTIVE LABOR AGREEMENT -Page 3 of t1 1 negotiations, for union conventions and for union seminars mutually set by the CITY and the 2 UNION. 3 UNION shall be allowed to hold meetings within CITY Fire Stations. When 4 teleconferencing is available for all stations; meetings shall beheld 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. 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 auailable 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 During the term of this Agreement, the CITY shall pay 100% of the employee premiums 28 for health, worker's compensation, dental, life, and short & long-term disability insurance. The 29 CITY shall pay the same premium and provide identical coverage to the UNION for health 30 insurance that is given to other city employees. The coverage shall be comparable to the current 31 coverage in policies, in existence as of the effective date of this agreement. The CITY will pay 32 80% of the same premium for the family health and dental in the same manner that it pays for COLLE[TIVE tABOA AGREEMENT -Page 4 of 21 1 other city employees. This provision will be reviewed on an annual basis after quotes for 2 insurance are received to determine what adjustments may be needed to employee contributions 3 to the plan. The CITY further agrees to cover increases in premiums for employees up to 3% 4 not to exceed $15.00 per month or $180 per year. However, adjustments in coverage maybe 5 necessary if premiums quoted are above that amount. Any adjustments will not exceed 6 adjustments made to other city employees. The CITY reserves the right to make changes in 7 carriers, premiums and provisions of these programs when deemed necessary or advisable. The 8 City of Meridian agrees to establish an insurance review committee that will review the 9 employee's insurance coverage on an annual basis and make recommendations to the City 10 Council. The UNION will be given a position for a representative on the committee with the 11 understanding that this member does not have bargaining power for the UNION. 12 13 9.1 Survivor's Health Insurance or Survivor's Benefit 14 In addition to other benefits that are available for a firefighter who dies in the line of 15 duty, including but not limited to the Federal Firefighter Death Relief Act, Social Security, State 16 Worker's Compensation, or the Public Employees Retirement System, the CITY agrees to pay 17 the following benefits: 18 1) Cash value of 50% of the accumulated sick leave remaining to the survivor of the 19 firefighter; either to the spouse, or dependant children at the survivor's choice in the following 20 manner: 21 a. Paid in one lump sum to the party or their designated trustee or representative; or 22 b. Applied towards continuing health insurance coverage for the survivor, if the family 23 had been insured with the City at the time of death. After the exhaustion of the value of 24 the 50% accumulated sick leave benefit, the party may continue with COBRA coverage 25 as allowed bylaw, at their own expense. 26 The choice must be made in writing by the survivor or the appropriate trustee or representative 27 for the survivor. If for any reason no election is not made within ten (10) days of the City's 28 request for an election to be made then the lump sum payment shall be made. 29 2) A CITY provided life insurance policy, at no cost to the firefighter, for both $50,000 30 term life and $50,000 accidental death benefit. 31 32 COLLECTIVE LABOR AGREEMENT - Page S of 27 1 9.2 -Post Employment Health Program 2 When a firefighter retires from active duty, by qualifying under the rules existing under 3 the Public Employee Retirement System (PERSI); by points, age, medical disability, or by any 4 method in existence at the time of retirement allowed by PERSI, the CITY agrees to apply the 5 cash value equivalent of twenty-five percent (25%) of the accumulated sick leave remaining for 6 that firefighter in their personal accrual account with the CITY, towards continuing health 7 insurance coverage for that retiree. After the exhaustion of the value of the twenty-five (25%) 8 accumulated sick leave benefit, the retiree may continue under COBRA coverage as required by 9 law, at their own expense. 10 The CITY will make all reasonable efforts during the term of this agreement to create a 11 citywide post employment health benefit for all employees that may be considered by the 12 UNION. In the event a program is created and approved by the CITY the UNION will have the 13 option to re-open this agreement and substitute the citywide program in lieu of this Program in 14 Article 9.2 without penalty. 15 16 9.3 Voluntary Health Insurance and Benefits 17 There shall be established a Firefighter Only Retirement Health Plan between the 18 UNION and a vendor of their choosing; Washington State Council of Firefighters Medical 19 Expense Plan for Retirees (WSCFFMERP). The City shall require that all employees of the fire 20 department that are covered by the terms of this Collective Bargaining Agreement shall be 21 required to be a member of W SCFFMERP by City policy whether they are a member of the 22 UNION or not. 23 At no cost to the CITY, the CITY agrees.to deduct the specified amount authorized by 24 the firefighters and transmit those amounts to WSCFFMERP monthly. The UNION will be 25 required to submit plan documents to the CITY with all the necessary information to allow the 26 CITY to accomplish the payroll deduction. The amounts will be reflected in the individual 27 UNION members monthly pay stubs. 28 The deductions by the CITY have to align with the beginning of the City's pay periods 29 and payrolling system. 30 fOLLECTIVE IABOR AGREEMENT -Page 6 of 27 ARTICLE 10 -SICK LEAVE 2 Any twenty-four (24) hour shift member of the UNION incurring anon-duty sickness or 3 disability which renders them unable to perform their duties shall receive sick leave with full 4 pay within his/her accumulated sick leave time. Al] twenty-four (24) hour shift members shall 5 accrue fourteen (14) hours per month. The maximum time accumulated shall be 2920 hours. 6 Any forty (40) hour per week member of the UNION shall accrue eight (8) hours per 7 month with a maximum accumulation of 720 hours. The accumulated sick leave shall carry 8 over from one contract to the succeeding contract. 9 Any UNION member that transfers from atwenty-four (24) _hour shift position to a 10 forty (40) hour per week position or vice versa shall have their accumulated leave adjusted by 11 the following conversion factor. 12 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift -Multiply 13 accumulated leave by .736. 14 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift -Multiply 15 accumulated leave by 1.36. 16 Any UNION member whose employment with the CITY is discontinued shall be paid, 17 at their regular wage rate, for 10% of their accrued sick leave at the date of separation. If an 18 employee is involuntarily terminated by the CITY, excluding workforce reduction, no pay will 19 be given. 20 Any UNION member unable to perform their duties for more that three (3) consecutive 21 shifts for twenty-four shift members and five (5) consecutive days for forty hour per week 22 members due to non-duty sickness or disability shall be required to provide medical 23 documentation from their attending physician that states that the employee is unable to perform 24 their regular duties or any limitations that may exist and the expected length of time before the 25 employee can return to full duty. Any employee may be required to provide a physician 26 certificate prior to the use of three (3) consecutive work shifts for twenty-four shift members 27 and five (5) consecutive days for forty hour per week members to ensure compliance with the 28 provisions of the Family Medical Leave Act (FMLA). An employee on medical, injury or 29 incidental leave will not accrue any sick leave benefits for leave that exceed six (6) or more 30 consecutive work shifts for twenty-four hour shift members or ten (10) consecutive days for 31 forty hour per week members. COLLECTIVE LABOR AGREEMENT -Page 1 of 21 1 10.1- Donating of vacation leave and receiving paid time off for catastrophic illness or 2 injuries (FMLA Qualifying) of Firefighters or Family members 3 UNION members that suffer a catastrophic illness or injury to themselves or an 4 immediate family member shall be eligible to receive leave time from another member of the 5 UNION to cover any loss of income for the member's absence from their regularly scheduled 6 duty assignment. 7 The illness and/or injury as well as the qualifying individual must all comply with the 8 requirements of the Family Medical Leave Act and the City Policy to be able to receive this 9 paid time off. 10 UNION members may donate all of their accrued vacation hours per calendar year. The 11 donating employee's hourly wage will be converted to the receiving employees' rate of pay. 12 The receiving UNION member cannot receive more than 480 hours for forty (40) hour per 13 week Firefighting Personnel or 720 hours for 24 hour per shift Suppression Firefighters of 14 donated time per calendar year except as allowed by City Policy 4.3.1. 15 Pursuant to the City of Meridian Standard Operating Policy and Procedure No. 4.3.1 16 employees are eligible to donate accumulated vacation leaue to another employee that has an 17 FMLA qualifying event. Additionally, the City currently provides Short Term and Long Term 18 disability benefits to employees. The paid time off that is necessary for an employee to 19 maintain their pay during this period shall be coordinated with that benefit so that the employee 20 does not receive an excess of their regular pay. All IRS regulations must be followed by any 21 participant in this program. 22 23 ARTICLE 11-INJURY LEAVE 24 When a firefighter is incapacitated on the job the firefighter shall be entitled to injury 25 leave with full monthly pay without reduction which includes the wage scale in APPENDIX A, 26 during the time period in which the firefighter is unable to perform their duties or until such 27 time as the firefighter is accepted for retirement by the current retirement system. The period of 28 injury leave is limited to a maximum of twelve (12) months and any Worker's Compensation 29 benefits received by the member for total or partial temporary disability during the employee's 30 injury leave with full pay shall be turned over to the CITY. All employees on injury leave shall 31 be subject to an examination by a Doctor acceptable to the CITY. The CITY may require 32 recertification by a physician every thirty (30) days. COLLECTIYE (AROR AGREEMENT -Page 8 of 27 Whenever a firefighter is unable to perform their full duties as a result of a "line of duty" 2 injury or illness, the firefighter may be required to report to work in a light duty status if 3 management determines that light duty work exists or is available at that time. Management has 4 the right to determine if light duty exists. The CITY has the right to reassess the light duty 5 position every thirty (30) days. 6 The DEPARTMENT reserves the right to re-assign work schedules as necessary when 7 assigning light duty. This right shall include, but not be limited to changing days of work, hours 8 of work, and type of work to be performed. If light duty extends beyond the current month 9 (begins in one month and extends into another), the firefighter will only accumulate leave 10 benefits at same accrual rate of a general city "forty (40) hour per week" employee until light 11 duty ends. When the firefighter returns to regular duty assignment the normal leave benefits 12 will begin to accrue immediately. If the return to duty occurs within the month then the CITY 13 will pro-rate their accrual of leave within that month between a general employee rate and the 14 firefighter rate. 15 Assigned light duty shall be strictly limited to instructions, restrictions, or limitations 16 provided by the sick or injured employee's medical doctor regarding their physical or mental 17 status. The firefighter must provide a Doctor's release to the Fire Chief or designee stating 18 what limitations or functions the firefighter is able to perform and for how long (hours per day 19 or per shift, days or shifts per month, etc.) 20 Assigned light duty shall in no way endanger, aggravate or prolong the full physical 21 and/or mental recovery of the sick/injured employee. 22 Light duty shall in no way affect the existing vacation, holiday, sick leave or other 23 benefit accrual as previously agreed to or provided for by this agreement or by past practice of 24 the management except for the exceptions as provided within this Article. 25 ARTICLE 12 -VACATION-EMERGENCY-INCIDENTAL & HOLIDAY LEAVE 26 27 12.1 Vacation Leave 28 All twenty-four (24) hour shift employees shall accrue paid vacation leave on monthly 29 basis according the following schedule: 30 31 A. Zero to four (0-4) years of service 16 hours per month 32 B. Five to nine (5-9) years of service 18 hours per month EOLLEETIVE LABOR AGREEMENT -Page 9 of 27 t 1 2 3 4 5 6 lost. 7 8 9 10 11 12 13 14 15 16 lost. A. Zero to four (0-4) years of service 10 hours per month B. Five to nine (5-9) years of service 12 hours per month C. Ten to fourteen (10-14) years of service 14 hours per month D. Fifteen to nineteen (15-19) years of service 16 hours per month E. Twenty (20) and over years of service 18 hours per month Maximum hours accrued shall be 250 hours. Any amount over the maximum will be 17 Any UNION member that transfers from a 24 hour shift position to a 40 hour per week 18 position or vice versa shall have their accumulated leave adjusted by the following conversion i 19 factor. 20 • Twenty-four (24) hour shift transfer to forty (40) hour per week shift -Multiply 21 accumulated leave by .736. 22 • Forty (40) hour per week shift transfer to twenty-four (24) hour shift -Multiply 23 accumulated leave by 1.36. 24 Any firefighter, whose employment with the DEPARTMENT is discontinued, for any 25 reason, shall be paid at their wage rate, at time of separation, for all accrued and accumulated 26 vacation. 27 Vacation usage shall be governed by departmental policy, but no more than three (3) 28 firefighters shall be allowed to use vacation or incidental leave per shift unless directed by a 29 Company Officer and it will not cause any additional overtime to the DEPARTMENT. 30 NOTE: Firefighters who aze promoted to any non-UNION position shall retain their 31 existing accrued vacation and sick leave. The employee shall then be subject to the accrual 32 rates pursuant to City policy of eight (8) hours of sick leave monthly and vacation accruals 33 based upon years of service with the City of Meridian. Any employee that has hours in sick 34 leave or vacation leave in excess of the amount allowed by City Policy shall not accrue any 35 additional sick leave or vacation until their hours have gone below the allowed limits. COLLECTIVE LABOR AGREEMENT -Page 10 0( 27 C. Ten to fourteen (10-14) years of service D. Fifteen to nineteen (15-19) years of service E. Twenty (20) and over years of service 20 hours per month 22 hours per month 24 hours per month Maximum hours accrued shall be 720 hours. Any amount over the maximum will be All forty (40) hour per week employees shall accrue paid vacation leave on monthly basis according the following schedule: 1 12.2 Emergency Leave 2 In the event of an emergency, a firefighter shall be granted leave for a minimum of four 3 (4) hours and until the emergency no longer exists and the firefighter can return and perform 4 their job as required. The firefighter's station captain shall have the authority to grant the 5 immediate leave and will coordinate with the Chief or the designated Station Captain, to acquire 6 a replacement firefighter pursuant to this Agreement and Departmental policy. 7 An "Emergency" for the purposes of this clause shall be a matter that could not have 8 been anticipated or lrnown prior to the beginning of the firefighter's shift and should in the 9 discretion of the station captain be a matter of concern of great bodily harm to the firefighter or 10 their immediate family; a matter of great property loss or damage to the firefighter and should 11 only be granted in the most extraordinary of circumstances. 12 When practical the Fire Chief will be notified of the granting of Emergency Leave, and 13 if applicable, the possible length of said leave. 14 15 12.3 Incidental Leave 16 Incidental leave is defined as time off not previously scheduled during the vacation 17 schedule process pursuant to departmental po]icy. Incidental leave usage shall be governed by 18 departmental policy, but no more than three (3) firefighters shall be allowed to use incidental or 19 vacation leave per shift unless directed by a Company Officer and it will not cause any 20 additional overtime to the DEPARTMENT. 21 Incidental leave shall be granted at the discretion of the Fire Chief or the designated 22 Station Captain. 23 Incidental leave may be granted at any time, up to and including the day requested, as 24 long as no more than three firefighters have been granted vacation or incidental leave on the 25 requested day. Incidental leave will be granted for a minimum four (4) hours. 26 27 12.4 Holiday Leave 28 All firefighters shall accrue and receive eight (8) hours paid leave for each of the 29 holidays listed below and any additional days recognized by the State of Idaho. All holiday 30 time shall be in addition to the employee's accumulated vacation leave, and shall accrue as each 31 holiday occurs. All twenty-four (24) shift employees shall have the holiday leave added to their fOLLECTIYE LABOR AGREEMENT -Page I I of Z7 vacation leave. All employees shall be entitled to ten (10) holidays per calendar year as listed 2 below: 3 NEW YEAR'S DAY LABOR DAY 4 CIVIL RIGHTS DAY COLUMBUS DAY 5 PRESIDENT'S DAY VETERAN'S DAY 6 MEMORIAL DAY THANKSGIVING DAY 7 INDEPENDENCE DAY CHRISTMAS DAY 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 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, if possible. 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. Relief personnel can also be part-time. paid personnel who have been certified as qualified through the training program established by the DEPARTMENT. Part-time paid personnel can only serve as relief in a Firefighter position, but not as Captain or Engineer. ARTICLE 14 -VACANCIES Entry level firefighters shall be determined by a generally accepted standard testing method within the fire service profession. Every two (2) years the DEPARTMENT shall hold a qualifying test. The purpose of the test shall be to establish a hiring list of applicants for entry level vacancies that may occur within the subsequent two (2) years. This test shall not limit the DEPARTMENT'S ability to set the requirements necessary for hiring for vacancies. Any unfilled position caused by termination, retirement, promotion or otherwise, except for personnel reduction as provided elsewhere in this Agreement, shall be filled from a hiring list of eligible applicants on file for that position. If there is no existing list then entry level positions will be filled within one hundred and eighty (l 80) days of the opening. COLLECTIVE IABOR AGREEMENT -Page 12 of 21 ', 1 Promotions and vacancies for the position of Engineer, Captain and any other positions 2 added to the ranks of the DEPARTMENT which pertain to shift personnel shall be filled from 3 the current ranks of full-time personnel of the Meridian Fire Department. After the test is given 4 and if appropriate training has been provided for the position tested and there are no successful 5 candidates a second test will be given and if there are still no successful candidates for these 6 positions, management has the right to hire outside of the Meridian Fire Department to fill the 7 open position(s). The Department may have up to thirty (30) days to begin a process for an 8 unscheduled vacancy. All promotional examinations shall be given within 90 days and filled 9 pursuant to Article 15 of this Agreement and within a short reasonable time frame as long as 10 there are available candidates to promote. 11 Currently a position of Training Captain is authorized, but unfilled. The position shall 12 remain vacant by mutual agreement during the duration of this agreement. If the need arises 13 based upon changed circumstances this position may be reinstated by mutual agreement and 14 when that occurs the time periods for filling of the position shall follow all other vacancies 15 within this Agreement. 16 It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide 17 occupational requirements within the meaning of this Article. 18 19 ARTICLE 15 -PROMOTIONS 20 Eligibility tests for promotion and newly created positions shall be based on 21 examinations given. To be considered for promotion the employee must have served one 22 continuous year in the previous position. All promotional lists will become effective June 15` of 23 the year that they are given and will expire on May 31S` of the year that the subsequent testis 24 given. 25 Examinations will be given once every two (2) years for Engineers; and will be given in 26 the first week of May of each year. For the positions of Captain of Suppression, the 27 examination will be given every two (2) years in the first week of May. For the position of 28 Captain Fire Inspector no scheduled test will be held during the term of this agreement unless it 29 is to fill a vacancy. The testing for Engineers will be in even numbered years and for Captain 30 in odd numbered years, or as needed. 31 A notice of impending promotional exam with a designated bibliography and defined 32 scoring criteria for the positions being tested shall be provided to all personnel for a minimum COLLECEIVE LABOR AGREEMENT -Page 13 of 21 1 of ninety (90) days prior to the test date. The bibliography and defined scoring criteria maybe 2 available more than ninety (90) days prior to the testing, but the notice of testing must allow for 3 a minimum of ninety (90) days between the notice and the test. Notice shall be provided by a 4 department wide email to all members of the department and by the posting of notices in each 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Fire Station and the Administrative office of the Fire Department. Prior to the beginning ninety (90) day promotional period the Department shall provide and Engineer or Captain Academy, as appropriate, to provide training relevant to the test that will be given. The Academy shall begin before the ninety (90) period, but may end within the period, but prior to the test being given. In the event of an opening/vacancy for a position in which there are no qualified candidates on the current promotion/eligibility list of that position, a special test maybe given, by mutual consent of both parties, to fill the vacancy/opening. All examinations shall be impartial and shall relate to those matters which will test fairly the candidate's ability to discharge the duties of the position to be filled. It shall be the exclusive responsibility of the DEPARTMENT to determine bona fide occupational requirements within the meaning of this Article. The DEPARTMENT shall be the sole judge of skills, qualifications and ability. Seniority for promotions will be one (1) point per year of service up to the maximum often (10) points. Seniority points will be added after successfully passing the written examination. Promotional examinations shall consist of a written test and assessment center. An assessment center may consist of up to four (4) various sections. The sections shall be identified at the time of the announcement of the test. The following formulas will be used to determine the candidate's final score on promotional examinations for Engineer and Captain respectively: Engineers Exam Scorin¢ Criteria: Written test: 40% of overall score; 75% minimum passing score Practical exam (consisting of 4 individual evolutions): 30% of overall score; 60% minimum overall passing score with no less than 50% minimum passing for each evolution Operational Oral Board: 15% of overall score Chief s Oral Board: 15% of overall score Scoring criteria for Practical Exam and Oral Board's will be based on a 10 point Likert Scale with objective scoring criteria identified on the rater's scoring documentation. COLCERIVE LABOR AGREEMENT -Page 14 of 27 1 Captains Exam Scorine Criteria: 2 Written test: 40% of overall score; 75% minimum passing score Tactical exercise: 15% of overall score; 60% minimum passing score Personnel Management exercise: 15% of overall score; 60% minimum passing score Operational Oral Board: 15% of overall score; 60% minimum passing score Chief s Oral Board: 15% of overall score; 60% minimum passing score 8 Scoring criteria for Practical Exam and Oral Board's will be based.on a 10 point Likert Scale 9 with objective scoring criteria identified on the rater's scoring documentation. 10 11 ARTICLE 16 -GRIEVANCE PROCEDURE 12 Disputes or differences arising between the DEPARTMENT and the UNION and/or 13 individual members of the Fire Department as to the meaning or application of any provision of 14 the Agreement or of the Rules and Regulations of the Fire Department (as provided in Article 15 8), relating in any way to employees' wages, hours and /or conditions of employment, shall be 16 settled in the manner provided herein. For the purpose of this provision, such a dispute or 17 difference shall be referred to as a "Grievance." All timelines that are described in this Article 18 may be adjusted by the mutual consent of the DEPARTMENT and the UNION. Any variation 19 of the timeline shall be memorialized in writing and signed by the Chief and the UNION 20 President or designee. 21 Step One: Any employee who has a grievance shall notify the Union Grievance 22 Committee in writing within fourteen (14) calendar days from the date of the grievance, or 23 fourteen (14) calendar days from the time the employee, through reasonable diligence, should 24 have been aware of it. The Union Grievance Committee, hereinafter referred to as UNION, 25 shall within the next then thirty (30) calendar days after the conclusion of any fact gathering, 26 hearing, or necessary research to determine if the grievance has merit. If in its opinion, the 27 grievance does not have merit, no further action shall be necessary. At no point shall the process 28 exceed thirty (30) days without the consent of both the DEPARTMENT and the UNION. 29 Step Two: If it is the opinion of the UNION that a valid grievance exists, the UNION 30 shall present the grievance in writing to the Fire Chief within fourteen (14) calendar days after 31 their decision. All parties to such discussion will make a good faith effort to resolve the 32 grievance. The Fire Chief thereafter shall give his/her reply in writing within thirty (30) WLLECTIVE IABOR AGREEMENT -Page IS °f Z7 1 calendar days from the conclusion of any fact gathering, heazing, or necessary reseazch. At no 2 point shall the process exceed thirty (30) days without the consent of both the DEPARTMENT 3 and the UNION. 4 Step Three: If the grievance has not been resolved in Step Two, the UNION shall 5 present the grievance in writing to the CITY within fourteen (14) calendar days from the receipt 6 of the Fire Chief s written reply. All parties to such discussion will make a good faith effort to 7 resolve the grievance. The CITY, through the Mayor and City Council thereafter shall give its 8 reply in writing within thirty (30) calendar days from the conclusion of any fact gathering, 9 hearing, or necessary research. At no point shall the process exceed thirty (30) days without the 10 consent of both the CITY and the UNION. 11 Step Four: If the grievance has not been resolved at the appropriate lower Step(s), 12 either the UNION and DEPARTMENT may within fourteen (14) calendar days refer the 13 grievance to an Arbitrator by serving written notice upon the other. 14 The UNION and the DEPARTMENT shall both select an individual to represent their 15 interests in the grievance process. The individuals may not be members of, or employees of 16 either the UNION or the DEPARTMENT. These two individuals shall request Director of the ] 7 Department of Labor and Industrial Services of the State of Idaho to supply a list of seven (7) 18 proposed arbitrators, none of the seven (7) shall be individuals that have represented either the 19 UNION or the DEPARTMENT. Within five (5) calendaz days after receipt of this list the 20 UNION'S representative and the DEPARTMENT'S representative shall select an Arbitrator by 21 alternately striking one (1) name at a time from the list until only one (1) name remains. The 22 party striking the first name shall be determined by a coin toss. Both parties shall accept the 23 name remaining on the list as the Lead Arbitrator. 24 The Arbitration Boazd shall conduct a heazing and shall render a decision in writing, 25 which shall be final and binding on both parties, subject only to the parties' right to seek 26 vacation or modification to the Arbitration Board award pursuant to the provisions of Chapter 9, 27 Title 7 Idaho Code. 28 The Arbitration Board shall have only such jurisdiction and authority to interpret and 29 apply the provisions of the Agreement as shall be necessary to the determination of the 30 arbitration issue. The Arbitration Board shall not have any power to add or subtract from, 31 modify or alter in any way, the provision of this Agreement. The cost of arbitration shall be 32 borne equally by the CITY and UNION. COLLECTIVE LAROR AGREEMENT -Page 16 of Z7 ARTICLE 17 - NO STRIKES - NO LOCKOUT 2 Upon the consummation and during the term of this Agreement, no member of the Fire 3 Department covered by this Agreement shall strike or recognize a picket line of any labor 4 organization while in the performance of his/her official duties, in accordance with Idaho Code 5 Section 44-1811. 6 It is mutually agreed that there shall be no strike authorized by the UNION and no 7 lockout authorized by the CITY, except for the refusal of either party to submit to or abide by 8 the grievance procedure set forth herein. No picket line, at or around the City's property, 9 established by any other person or organization shall be sanctioned or honored during the term 10 of this Agreement. 11 The UNION agrees that as part of the consideration for this Agreement, it will, within 12 twenty-four (24) hours take steps to end any unauthorized work stoppages, strikes, slow-downs 13 or suspensions of work, instructing their members to work immediately. The UNION agrees 14 that it will not assist employees participating in unauthorized work stoppages, strikes, slow- 15 downs or suspensions of work. For purposes of this section, the teen "strike" shall include a 16 cessation or stoppage of work, slow-down, sit-in and picketing of the City's premises. 17 18 ARTICLE 18 -UNIFORM ALLOWANCE AND ISSUED EQUIPMENT 19 The CITY and the UNION believe that professionalism and pride in the City and the 20 Fire Department are a significant part of a superior fire service. Both the CITY and the UNION 21 believe that the attire of the firefighter and their conformance with professional appearance 22 helps achieve the goals of a superior organization. Al] uniform and work attire shall be clean 23 and appropriately pressed or maintained. It shall be within the discretion of the Fire Chief or his 24 designee to determine if an article of clothing is no longer serviceable for wear on duty. 25 All employee uniforms shall meet National Fire Protection Association (N.F.P.A.) 1975 26 minimum requirements for station uniform wear. The brand, style, materials and color of 27 uniforms shall be reviewed annually by the Uniform Committee. The Committee shall be 28 comprised of two (2) UNION members and one (1) member of management designated by the 29 Fire Chief. The Committee may recommend changes, but the final decision shall be at the 30 discretion of the Fire Chief. 31 Under this article the CITY and the UNION have agreed to the specific clothing that is 32 to be purchased for "recruits" and firefighters. COLLECTIVE LABOR AGREEMENT -Page I7 oT 27 1 As long as the items purchased are used and consumed during the normal course of 2 employment, the City will allow the firefighter to maintain the station wear and equipment 3 personally. 4 The CITY will be responsible to acquire the necessary vendors for the specific items on 5 the clothing and equipment list and ordering all the items. The CITY shall stock and maintain a 6 "store" of inventory of clothing. All firefighters will be issued their full complement of 7 necessary clothing by a January 1, 2013 and thereafter articles of clothing shall be replaced as 8 necessary pursuant to department policy. The date maybe extended for reasons outside the 9 control of the DEPARTMENT. The CITY and UNION shall establish a procedure for 10 replacement of worn, damaged, or lost clothing items. 11 12 18.1 Issued Equipment 13 The CITY agrees to provide the necessary equipment for the Twenty-Four (24) hour per 14 shift Suppression Firefighters to perform their duties. The CITY and the UNION will meet and 15 discuss what tools may be needed for each Suppression Firefighter. For the term of this 16 Agreement the equipment is listed in APPENDIX C. Once issued the member shall be 17 responsible to maintain and keep the issued equipment. All items may be required to be 18 produced as part of an inspection. If equipment is lost or damaged, beyond use, in the course of 19 duty it may be returned, if practical, to the department for replacement. If unable to be returned 20 it can still be replaced. If lost or damaged outside of duty use then the firefighter will be 21 required to replace the item at the member's expense. 22 23 ARTICLE 19 -HOURS OF WORK AND DESIGNATED WORK PERIODS 24 19.1 Twenty Four (24) hour per shift Suppression Firefighters of the Meridian Fire 25 Department 26 The designated work period for all twenty-four (24) hour shift employees covered under 27 this Agreement shall be on a twenty-four (24) day cycle with coverage at 192 hours. Under the 28 Fair Labor Standards Act (FLSA) 182 actual hours worked will be paid at the regular hourly 29 rate and ten (10) hours paid at the overtime rate if no excluded hours under the Act have been 30 taken. Overtime shall also be paid for time worked off the Firefighter's normally scheduled 31 shift, other than a "shift trade." fOIIECTIVE IABOR AGREEMENT -Page IB of 27 1 The regular work schedule for twenty-fom• (24) hour shift employees shall be two 2 consecutive twenty-four (24) hour shifts on duty and ninety-six (96) hours off consecutively. 3 No suppression firefighter may work more than seventy-two (72) hours consecutively without 4 specific authorization or direction by the Deputy Chief of Operations, or the F ire Chief in 5 his/her absence. A shift shall he twenty-four (24) hours of duty, starting at 0700 and ending at 6 0700. -For illustrative purposes, the regular work schedule for suppression personnel is listed 7 below with an X representing an on-duty shift stud an O representing and off=duty shift. XXOOOOXXO000 10 11 19.2 Porty (4Q) Hour per week P'irelighting Personnel of the Meridian sire llepartment 12 The regular work week shall he scheduled Monday through. Friday, 8:00 a.m. to 5;00 13 p.m. with a one (])hour lunch break included. Atty time worked over Potty (40) hours per week 14 shall be paid at a rate of time and one-half of the employee's hourly wage to the next %x hour for I S the actual horns worked. When circumstances dictate, the Chief reserves the right to flex this 16 schedule to meet the Depathnent's needs. t1s a courtesy, the affected employee will be given 17 one (1) week's notice of the schedtdc change, unless the change is util'oreseen. In an unforeseen 18 circumstance the Chief has the right to change the schedule to meet the need; but once the 19 circumstance is over, the schedule will be returned to normal. These positions shall have a 20 regular detined on-call. schedule and will be compensated pursuant to the City on-call policy. 21 22 .19.3 Emergency Clause 23 The Chief shall have the authority to revert the designated schechtle, based upon an 24 identified emergency need, back to the wodc schedule in the prior contract. The Chief and the 25 UNION shall create measurable standards for success atxi identifiable emergency needs. 26 27 19.4 Review 28 Based upon the measurable standards of success that have been identified by the 29 UNION and the DEPARTMENT the HOURS OF WORK AND DF.;SIGNA`l'ED WORK 30 PERIODS shall be reviewed at least every two (2) years for compliance with the standards seC. 31 Other than Article 19.3 any changes to the work schedule shall be negotiated bebveen the CITY 32 and the UNION. COLLEETIVE LABOR AGAEENENT -- Page 19 of 27 1 ARTICLE 20 -BEREAVEMENT LEAVE 2 In the event of a death in the twenty-four (24) hour shift employee's immediate family, 3 they shall be entitled to forty-eight (48) consecutive shift hours off for bereavement leave. 4 Additional leave may be granted from sick leave, accrued vacation leave or unpaid leave of 5 absence at the discretion of the Chief or designee. 6 In the event of a death in the forty (40) hour per week employee's immediate family, 7 they shall be entitled to three (3) consecutive workdays off for bereavement leave Additional 8 leave may be granted from sick leave, accrued vacation leave or unpaid leave of absence at the 9 discretion of the Chief or designee. 10 For purposes of this article, immediate family shall be defined as current spouse, 11 children, parents, in-laws, brother, sister, grandparents, or grandchild of the employee. In-laws 12 are defined as a father, mother, or grandparents. of cunent spouse, or sister and brother in-law of 13 the employee. Adopted or "step" relationships will be considered same as any other family 14 relationship. 15 16 ARTICLE 21-ADDITIONAL DUTY AND COMPENSATION 17 Any firefighter reporting for duty while off-duty shall have all of the benefits that he/she 18 would normally have while on his/her regular tour of duty. All additional compensation 19 accumulated by a firefighter shall be due and payable in their next pay period. 20 21 21.1 Definition of Overtime, Scheduled Overtime, and Compensation 22 Overtime pay shall be paid as defined by Article 19 of this agreement. Scheduled 23 overtime shall be when a firefighter is requested to return to work for any meetings, training, 24 shifts or any other reason deemed necessary by the department that is scheduled or planned. 25 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her normal 26 rate of pay for all overtime or scheduled overtime worked. 27 28 21.2 Definition of Call Back and Compensation 29 Call Back shall be when a firefighter is requested to return to work by the 30 DEPARTMENT at a time that the firefighter was not scheduled to work. 31 The firefighter shall receive a minimum of four (4) hours of pay, from the time they 32 receive the call, for a call back. Additional calls during that initial four (4) hours will not be COLLECTIVE IABOR AGREEMENT -Page 20 a( 21 further compensated. Any time worked after the first four (4) hours will be compensated in one-half (1/2) hour increments, rounded up. Any firefighter reporting for duty while off-duty shall have all of the benefits that he/she would normally have while on his/her regular tour of duty. All additional compensation accumulated by a firefighter shall be due and payable in their next pay period, unless the compensation is to be paid by a separate public or private entity. If the latter situation exists then the firefighter will be paid at the next pay period after the funds 7 are transferred to the City. The firefighter will be paid by the last pay period within 180 days of the last date of service for the public or private entity whether the City has been reimbursed at that time or not. 10 Overtime pay shall be paid as defined by Article 19 of this agreement. 11 Firefighters shall receive overtime pay at one and one-half times (1 1/2) his/her normal 12 rate of pay for all overtime worked. 13 14 21.3 Definition of Holdover and Compensation 15 Holdover shall be when a firefighter regularly scheduled duty is extended from the end 16 of the shift by the DEPARTMENT. 17 Any time worked as holdover will be compensated in one-half (1/2) hour increments, 18 rounded up to the next half-hour. 19 20 21.4 Definition of Overtime for Training 21 Training that is required by the DEPARTMENT is compensable. The DEPARTMENT 22 retains the right to determine which personnel may attend training. 23 24 ARTICLE 22-WORKING OUT OF CLASSIFICATION 25 All employees of the DEPARTMENT covered by this Agreement, who have tested and 26 are qualified as to meeting the eligibility requirements set forth by this Agreement, and are on 27 the current eligibility list for promotion to the higher ranked position, when necessary, must 28 accept, and assume the duties of the higher ranked position when it is available. No more than 29 one person working in a higher ranked position will be allowed on a company at a time, unless 30 an extreme or emergency situation exists. 31 After the completion of the promotional exams the employee may opt to remain on the 32 eligibility list or may choose to be removed at that time. At any time during the life of the COLLECTIVE LABOR AGAEENENT -Page 21 0( 27 1 eligibility list the employee may opt, at their sole discretion, to have their name removed. In 2 either circumstance removal from the list will be final and the employee may re-test during the 3 next testing period for promotion to that grade. 4 The right to use personnel will be current full-time department personnel working out of 5 classification in a higher or lower ranked position, as set forth above. If an employee were to 6 work in a lower ranked position they would be paid at their current rate, not the lower wage. 7 Each employee assuming the higher ranked duties shall be paid at the wage scale of the higher 8 position or rank, for the time worked at that position or rank. Any time worked out of 9 classification will be compensated in one-half (1/2) hour increments, rounded up to the next 10 half-hour. 11 Paramedic Engineers are allowed to swing up to Captain and receive the higher wage for 12 the temporary assignment in addition to their regular paramedic pay. The pay for a Captain 13 Working Out of Class as the primary paramedic on the apparatus in a lower ranking position 14 shall be $1.32 per hour for the shift. If there is already an assigned Paramedic for the shift on 15 the Engine or Truck then the Captain Working Out of Class shall not receive the additional pay 16 differential. 17 18 ARTICLE 23-STAFFING 19 The DEPARTMENT maintains the right to assignment and staffing of stations, engines, 20 and companies. Change in assignment may be based on the following criteria; vacancy, 21 seniority, stations available, and re-assignment, but is not limited to only these specified. The 22 method of declaring a vacancy, applicability of seniority, station bidding, and re-assignment 23 shall be determined by Department policy. The Station Bid policy shall be negotiated between 24 the UNION and the DEPARTMENT as mutually determined to be needed. The 25 DEPARTMENT retains the final authority for all staffing and shift assignments. 26 Minimum Staffing at each station will be either three (3) or four (4) personnel dependent 27 on the assigned apparatus to the station. Personnel assigned to a station may be used to cross- 28 staff various types of apparatus. Brush trucks, water tenders and reserve apparatus are not 29 required to be staffed on a daily basis. Apparatus standards shall be the following: 30 Engine Companies Brush Truck Companies 31 1 Captain 1 Captain 32 1 Engineer 1 Engineer 33 1 Firefighter 1 Firefighter COLLECTIVE LABOR AGREEMENT -Page 22 0( 27 1 2 Water Tender Companies Truck Companies 3 1 Captain 1 Captain 4 1 Engineer 1 Engineer 5 2 Firefighters 6 7 Any additional firefighters on staff above the minimum as listed above will be used to increase 8 the staffing of the engines/truck or staff extra apparatus unless the individual has applied and 9 been accepted as part of a mentoring program pursuant to department policy. 10 Whenever circumstances exist that causes an apparatus to fall below that minimum, 11 management reserves the right tore-assign personnel (including select qualified command 12 officers at the Chief s discretion), exercise "call-back", exercise "holdover", exercise "working 13 out of classification", or in extreme emergency circumstances, take an apparatus out of service 14 temporarily until appropriate personnel are available. Stations or Apparatus will only be taken 15 out of service long enough to return the necessary personnel to staff them. 16 As of the effective date of this contract, the Meridian Fire Department operates five (5) 17 Engine Companies and cross-staffs one (1) Truck Company. As future stations are opened, they 18 will be staffed by additional Engine and/or Truck Companies, as decided by the CITY, using 19 this same staffing configuration above unless mutually agreed to a change by the UNION and 20 the CITY. 21 22 Advanced Life Support (ALS) Engine or Truck Companies 23 An Advanced Life Support (ALS) Engine or Truck company shall consist of a minimum 24 of one (1) licensed paramedic in the State of Idaho. The Department's Medical Supervision 25 plan shall establish the appropriate number of EMS positions within the Department. The 26 licensed paramedic shall be the person primarily responsible on that Engine or Truck company 27 apparatus to provide ALS response. The Captain may be a paramedic, but is not charged with 28 the primary responsibility of ALS support and therefore an additional licensed paramedic must 29 be on the apparatus for it to be considered as an ALS response. 30 31 ARTICLE 24 -SALARIES 32 Wages for all UNION members shall be as fixed and set forth in APPENDDi; A, 33 attached hereto. 34 COLLECTIVE IABOA AGREEMENT -Page 23 0( 21 1 ARTICLE 25 -ALCOHOL & DRUG POLICY 2 The DEPARTMENT and its UNION members agree to abide by the City of Meridian's 3 Alcohol and Drug Policy. The policy in effect at the time of the execution of this contract is 4 included in this agreement as APPENDIX B. It is agreed that changes made to this policy, shall 5 not apply to the UNION without written consent of its members. 7 ARTICLE 26 -HEALTH AND WELLNESS 8 26.1 Health 9 CITY shall provide mandatory physicals, as the department budget allows. The City 10 shall maintain a budget sufficient to allow each UNION member a physical every three years. 11 Members will be placed on a rotational schedule to be determined and maintained by the 12 Division Chief of Health and Safety. 13 The physicals shall be done through a physician that both CITY and the UNION agree 14 upon. The only medical information that the CITY shall receive from the physician is a proof 15 of attendance. All other documentation and personal medical information shall be directed to 16 the member receiving the physical and no medical information shall be shared with the CITY 17 by the physician without the individual member's consent. 18 19 26.2 Fitness 20 The DEPARTMENT and the UNION shall develop a fitness program for all 21 firefighting personnel. The program shall be based on identified best practice and shall include 22 the following components: education, department standards/success factors, and Department 23 sponsored remediation if necessary. The program may be managed by a peer directed program 24 or managed through a separate vendor or both, jointly agreed upon by the DEPARTMENT and 25 the UNION, depending on the availability of funding. Participation in the program shall be 26 mandatory for all personnel that respond to emergency scenes. 27 28 ARTICLE 27 -RETURN TO FORMER POSITION 29 Subject to the following provisions and as set forth below, any fulltime suppression, 30 inspection, or Chief Officer Employee (Employee) of the Meridian Fire Department ("MFD") 31 may request to return to a former fulltime suppression classification he/she previously held 32 within MFD or their former department. Additionally, if necessitated as a disciplinary measure COLLECTIVE LABOR AGREEMENT -Page 24 of 27 1 the Chief may demote a member of the Union to former position using the same process as 2 outlined in this Article. For the purposes of this Article no current member may be 3 involuntarily demoted for the purpose of providing an opening for a person requesting a return 4 to former position or being demoted. 5 For the purpose of this article the position being vacated to return to former 6 classification shall not be considered a "vacancy" pursuant to Article 14, but for any position 7 within the bargaining unit shall be filled by a list established pursuant to Article 14. Any 8 position outside of the bargaining unit shall be filled by personnel at the position being 9 requested unless the testing process outlined in Article 14 is satisfied and there are no qualified 10 personnel to promote. 11 12 27.1 Eligibility 13 A. An Employee may request to be returned to a prior fulltime suppression 14 classification within the MFD from which he/she was promoted; 15 B. An Employee may be demoted pursuant to the disciplinary process; 16 C. An Employee who has not previously held a fulltime suppression classification at 17 MFD may request to be moved to a fulltime suppression classification they held at 18 their former department IF all of the following criteria are met: 19 i. 5 years or longer with the Department in a rank higher than the suppression 20 classification being requested. 21 ii. All minimum qualifications have been met for the suppression classification 22 being requested. 23 iii. The employee making the request has completed all necessary testing and has 24 achieved a passing score for the suppression classification being requested. 25 When a Chief Officer, having special knowledge of MFD's testing process (including, 26 but not limited to, testing procedures, written and oral board questions, scenario based 27 assessments, manipulative skills etc.), the Department must hire an external pane] to conduct the 28 test. 29 30 27.2 Process 31 A. Any member requesting a return to a former classification must do so in writing to 32 the Chief or his designee. The written request must: EOLLERIVE LABOR AGREEMENT -Page 25 of 21 i. List the former classification requested. ii. List the date promoted to the former classification. iii. List the preferred date to return to the former classification. 4 B. The Chief, after consultation with Loca14627 President, shall approve or deny the 5 request to return to a former classification in writing. 6 C. The Chief or his designee may delay the return to a former classification until there is a vacancy in the requested classification. 8 D. The Chief or his designee may not lay off or demote personnel to create a vacancy 9 for a return to a former classification. But a promotion based upon an existing 10 promotional list will satisfy the creation of a vacancy. 11 E. If two (2) or more requests are made at the same time, preference will be given to 12 any Employee(s) who previously held the requested suppression classification and 13 has greater seniority in the Department. 14 F. If the return to former position is caused by a demotion the same process shall apply. 15 16 27.3 Seniority 17 When an Employee returns to a former classification, the seniority accrued in the 18 position(s) held prior to the return to former classification shall be combined with the time in 19 grade that was accrued in the former classification. (Date of Hire + Time in Grade) 20 For any employee not previously hired within a suppression classification position but 21 reassigned to a suppression classification position, he/she shall be moved to the bottom of the 22 rank seniority list for the classification being assigned to but will retain years of service since 23 date of hire as a MFD employee as it pertains to department seniority. 24 25 Examples: 26 1) A Captain of Suppression with 24 months of seniority since date of hire is promoted 27 to Division Chief of Logistics for 36 months time in grade and then returns to Captain of 28 Suppression. For purposes of Captain of Suppression seniority, the member now has 60 29 months of accrued seniority; 30 2) An Engineer with 60 months of seniority since date of hire is promoted to a Captain 31 of suppression for 12 months time in grade and then returns to Engineer. For purposes 32 of Engineer seniority, the member now has 72 months of accrued seniority. COLLECTIVE LABOR AGAEENENT -Page 26 0(11 1 2 ARTICLE 28 -SAVINGS CLAUSE 3 If any provisions of this Agreement or the application of such provision should be 4 rendered or declared invalid by any court having jurisdiction, or by reason of any existing or 5 subsequently enacted legislation, the remaining parts or portions of this Agreement shall remain 6 in full force and effect. 7 8 ARTICLE 29 -EFFECTIVE DATE 9 The Collective Labor Agreement shall become effective October 1, 2012 and remain in 10 full force and effect through September 30, 2014. 11 Additionally, this agreement maybe re-opened at any time for negotiations on any 12 mutually agreed upon item(s), pursuant to the procedures set forth in Chapter 18, Title 44, Idaho 13 Code. This may include items contemplated within this agreement that may require amendment 14 or change during the course of this Agreement. 15 16 DATED AND SIGNED this day of 2012. 17 18 CITY OF MERIDIAN 19 20 21 22 By: 23 T d Weerd 24 Mav IAFF LOCAL #4627, MERIDIAN CHAPTER Grant Hamilton President 25 26 27 APPROVED BY CITY COUNCIL this G' day of 28 opFSeo a F 29 ATTEST: 3~0~ 30 `'" °' 31 By: ' 32 ayce .Holman ' °~,,, SEAL 33 City erk '~~1e T0.F ~~ 34 •MO 12. EOLLECIIVE LABOR AGREEMENT -Page 27 of 21 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 DATE5 Job Titles 10/1/2012(1%) 10/1/2013(1%I Introductory/Probationary $15.81 hourly $ 15.96 hourly $46,165.20 annually* $ 46,626.85 annually* Firefighter I Firefighter II Firefighter III Engineer Captain of Suppression Captain Fire Inspector/ Captain Training $17.07 hourly $51,684.00 annually* $ 20.04 hourly $58,516.80 annually* $ 22.10 hourly $64,532.00 annually* $ 23.85 hourly $69,642.00 annually* $ 26.54 hourly $77,496.80 annually* $37.26 hourly $77,500.80 annually* $ 17.24 hourly $ 50,340.80 annually* $ 20.24 hourly $59,100.80 annually* $ 22.32 hourly $ 65,174.40 annually* $ 24.08 hourly $ 70,313.60 annually* $ 26.81 hourly $ 78,285.20 annually* $ 37.63 hourly $ 78,249.60 annually* t *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/Probationaryievel 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. All employees that were hired as paramedics maybe 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 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 vo]unteers are stated as employees. This policy applies to all regu]ar full-time, part-time, introductory, temporary, seasonal or contract employees, volunteer firefighters, police reserve officers and all job applicants. BARGAINING UNIT EMPLOYEES (FBtE) The collective labor agreement shall govern the alwhoUdrug progmm/policy for Fire deparbnen[ employees who aze 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 ]aw 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 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 dings 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. MEDICATION PRESCRIBED BY PHYSICIAN A. The use of dings/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 f', 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 D (" B. Self- Referral 1. Rehabilitation assistance in lieu of discharge maybe 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 anon-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 daring 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: 1. 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 alcoho] 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 maybe required. C. POST- ACCIDENT TESTING Any employee involved in awork-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 awork-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 testis 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 workp]ace 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. B. C. 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 abreath-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 leve]s for all Non-Dot testing is as follows: Dru Class Screenine 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 APPENDIK B 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 orhis/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 betaken 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 maybe 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. APPENDIN B 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. Apnlicant: Any individual tentatively selected for employment with the City. C. Citv premises or Citv 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 Paraphemalia: 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. Dru tg esting: means a urinalysis taken for the purpose of deternvning whether drugs are in the person's system or any other testing the City deems appropriate and reliable. F. Employee Assistance Proeram (EAP): 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. Illeeal drne: 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. Leeal 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 particulaz 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. APPENDIR 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 f Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: Ordinance No. ~02° ~SZ.°J An Ordinance of the City of Meridian Amending Title 3, Chapter 2, Section 2; Title 3, Chapter 2, Section 3; Title 3, Chapter 2, Section 4, of the Meridian City Code, Relating to the Issuance of Licenses for Liquor by the Drink, Wine, and Beer 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 ~' CITY OF MERIDIAN ORDINANCE NO. /~ ' /S~2 / BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE OF THE CITY OF MERIDIAN, AMENDING TITLE 3, CHAPTER 2, SECTION 2; TITLE 3, CHAPTER 2, SECTION 3; TITLE 3, CHAPTER 2, SECTION 4 OF THE MERIDIAN CITY CODE, RELATING TO THE ISSUANCE OF LICENSES FOR LIQUOR BY THE DRINK, WINE, AND BEER; WHEREAS the City of Meridian has the authority to issue licenses for liquor by the drink, wine, and beer consumption on premise and for retail sales as prescribed by the Idaho and Meridian City Code; WHEREAS the position of City Clerk, or designee has the authority in the Meridian City Code to issue all licenses within the City; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO: SECTION 1, That Title 3, Chapter 2, Section 2, 3, and 4 of the Meridian City Code are amended to read as follows: 3-2-2: LIQUOR BY THE DRINK: C. Investigation Of Applicant: The application shall be submitted to the c~ie€e€~ekse City Clerk or designee for investigation as required by the Idaho and/or Meridian City Code and ~epet~te~he ' ;the application rrrust'~ be city-eeaxstl issued by the City Clerk or designee, unless otherwise required by law. 3-2-3: WINE: C. Investigation Of Applicant: The application shall be submitted to the shiefef}reliee C Clerk or designee for investigation as required by the Idaho and/or Meridian City Code and ~~"~o ' ;the application must maybe ° ~°a'~° *w° m °^a c-Hy-seunsil issued by the City Clerk or designee, unless otherwise required b 3-2-4: BEER: C. Investigation Of Applicant: The application shall be submitted to the shie€e€}~eliee C Clerk or designee for investigation as required by the Idaho and/or Meridian City Code and ~epert-te-the ' ;the application roust maybe sity-seunsr} issued by the City Clerk or designee, unless otherwise required by law. ISSUANCE OF LIQUOR, WINE, AND BEER LICENSES- Page I of 2 ~' SECTION 2. That, pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon approval and publication. C l.A._ PASSED by the City Council of the City of Meridian, Idaho, this ~J day of 2012. ~`/'~- APPROVED 6y the Mayor of the City of Meridian, Idaho, this ZS day of 012. APPROVED: ATTEST: D~QRpTEDALCG~. 3` ~~ ~ 0 r, CityoE m IDAHO ~ S° `rA_ Tp[ ~r MAYOR ISSUANCE OF LIQUOR, WINE, AND BEER LICENSES- Page 2 of 2 Meridian City Council Meeting DATE: September 25, 2012 ITEM NUMBER: 11 PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES V `^'-~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS