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15-1042 Affirming the termination of PSA with Whitman and Associates for Building Official Services of Mutual ConsentCITY OF MERIDIAN RESOLUTION NO. /.�-" / o Vo - BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION AFFIRMING TERMINATION OF PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES BY MUTUAL CONSENT OF THE PARTIES. WHEREAS, on September 25, 2012, the City of Meridian entered into a Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Oficial Services, a copy of which is attached hereto as Exhibit ("Agreement'); WHEREAS, the services rendered pursuant to the Agreement are now provided by an employee of the City of Meridian; and WHEREAS, both Daunt Whitman, president of Whitman & Associates, Inc., and the Mayor and City Council of the City of Meridian wish to terminate the Agreement by mutual consent, as stated in a letter signed by Mayor Tammy de Weerd and Daunt Whitman dated December 22, 2014, a copy of which is attached hereto as Exhibit B ("Letter"); NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the City Council of the City of Meridian ratifies the Letter and affirms that the Agreement, and all addenda thereto, shall be terminated by mutual consent of the parties as of 5:00 p.m., on Friday, January 30, 2015, pursuant to section IV(I) of the Agreement, and except as expressly specified in the Agreement, the parties shall have no further dealings thereunder. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 6th day of January, 2011 APPROVED by the Mayor of the City of Meridian, Idaho, this 6th day of January, 2011 RESOLUTION AFFIRMING MUTUAL CONSENT TO TERMINATE AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE I EXHIBIT A PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING OFFICIAL SERVICES RESOLUTION AFFIRMING MUTUAL CONSENT TO TERMINATE AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 2 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 Sp a 4 Nr, 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. APPOBNTMENT. 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 BUILDING OFFICIAL SERVICES PAGE l 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 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. 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. TCC Commercial Building Inspector; 5. ICC Residential Building Inspector; 6. 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. It is anticipated by the parties that such tasks will require approximately eight (8) hours daily. 1 PROFESSIONAL SERVICES AGREEMENT 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 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 Agreement. Insurance. Contactor 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 a thirty -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: 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 occurrence of not less ( than five hundred thousand dollars ($500,000). PROFESSIONAL SERVICES AGREEMENT FOR BUILDING 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. 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, 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 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. I1I, RESPONSIBILITIES OF CITU. 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 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 number 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 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. Ten percent (10%) of 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 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 PROFESSIONAL SERVICES AGREEMENT FOA BUILDING OFFICIAL SERVICES PAGE 5 of 16 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. 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; 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 AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 6 or 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. H. Notice. Communication between the City -Contractor Liaison and Contractor regarding day-to-day and administrative matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed 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. 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 PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 7 OF 16 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 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; 1 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 PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 8 Or 16 ( refusal to appropriate sufficient funds as may be required for City to continue to 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 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. 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 BUILDING OFFICIAL SERVICES PAGE 9 OF 16 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 tends 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. 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 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. T. 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. U. City Council Approval Required. This Agreement shall not become effective or binding until approved by the Meridian City Council, PROFESSIONAL SERVICES AGREEMENT ITOR BUILDING OPrICIAL SERVICES PAGE 10 oh 16 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 a d, Mayor �pe WAeO' Ucp� Attest: '7 " clry or SEAL aycee an, City Clerk 9'Fr ��Fle }FFFF PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE I 1 OF 16 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 e-mail messages, answer questions, and attend meetings upon request of, as needed, or as scheduled by City. Contractor shall respond to voice mail and e-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 industry. 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 GF 16 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 a City -issued photo identification badge. 2. Provide a City -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 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. 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, 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 BUILDINO OFFICIAL SERVICES PAGE 14 OF 16 EXHIBIT B DESK TOP PC AND RELATED EQUIPMENT ISSUED TO CONTRACTOR PC PROFESSIONAL SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 15 of 16 EXHIBIT C PAYMENT SCHEDULE BUILDING OFFICIAL - PAYMENT SCHEDULE Type of Permit Milestone Amount to be paid Commercial — New Permit issuance 70% of fees due Contractor Commercial — TI Commercial — Shell Only Commercial - Multi -Family Residential — New Residential — Multi-Fanvly Issuance of Certificate of 30% of fees due Contractor Occupancy All other permit types Permit issuance 100% of fees due Contractor PROFESSIONAL, SERVICES AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 16 of 16 EXHIBIT B DECEMBER 22, 2014 LETTER STATING MUTUAL CONSENT TO TERMINATION OF AGREEMENT RESOLUTION AFFIRMING MUTUAL CONSENT TO TERMINATE AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 19 Mayor Tammy de Weerd T T T A N city Council Members: 1 ,L■1((,11 Keith Bird Joe Boston Luke Cavener Genesis Milan IDAHO Charlie Rountree David Zaremba December 22, 2014 Daunt Whitman Whitman & Associates 8124 W Blackberry Court Boise, Idaho 83709' RE: Termination of Professional Services Agreement for Building Official Services Dear Daunt: As you and Development Services Manager Bruce Freckleton have discussed, the September 25, 2012 Professional Services Agreement between Whitman Associates, Inc, and City of Meridian for Building, Official Services will be terminated by mutual written consent. of the parties as of 5:00 p.m. on Friday, January 30, 2015. Both the September 4,120,1 2 Professional Services Agreement between Whitman & Associates, Inc. and City of Meridian for Building Inspecrion Services and the September -4; 2012 Professional Services Agreement between Whitman & Associates, Inc, and City of Meridian for Building Plans Examiner Services will remain in full force and effect. Please indicate your consent to the :date of termination by mutual. consent by signing below and returning the original letter to me by 5:00 p.m. on Monday, December 22, 2014 Thatiltyou for your years of service to the City of Meridian as our Building Official. Since ely�— T y e Weerd Mayor' I;hereby consent to the mutually agreed-upon termination date o I f the September 25 2012 &A.isional'Services Agreement, between Whitman& Associates, Inc. and City of Meridian for wilding Official Services as set forth above. A''8- Daunt Whtmaztl Whitman & Associates Office of the Mayor . 33 E. Broadway Avenue, Suite "300. Meridian, ID 83642 Phone 208-489-0529 . Fax 208-884-8119 . www.marldiancity.org