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2022-02-01 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, February 01, 2022 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilwoman Liz Strader Councilman Treg Bernt Councilwoman Jessica Perreault Councilman Luke Cavener Councilman Joe Borton Councilman Brad Hoaglun Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton. Voting Yea: Councilwoman Strader, Councilman Bernt, Councilwoman Perreault, Councilman Cavener, Councilman Borton, Councilman Hoaglun 1. Approve Minutes of the January 18, 2022 City Council Work Session 2. Approve Minutes of the January 18, 2022 City Council Regular Meeting 3. Apex Southeast Subdivision No. 3 Sanitary Sewer and Water Main Easement No.1 4. Apex Southeast Subdivision No. 1 Sanitary Sewer Easement No. 2 5. Ada County Emergency Medical Services District Five Mile Pathway Easement 6. Brodin Subdivision Sanitary Sewer Easement 7. Frontline Subdivision Private Road Sanitary Sewer and Water Main Easement No. 1 8. Frontline Subdivision Storage Facility Sanitary Sewer Easement No. 1 9. The Oaks North Subdivision No. 9 Full Release of Sanitary Sewer and Water Main Easement 10. Final Plat for Victory Commons No. 2 (FP-2021-0054) by BVA Development, Located Near the Northeast Corner of S. Meridian Rd. and E. Victory Rd. 11. Findings of Fact, Conclusions of Law for Fast Eddy's at Eagle (H-2021-0068) by Steve Eddy, Located at 3775 N. Eagle Rd. 12. Development Agreement Between the City of Meridian and Tony Tseng, Applied Media, Inc. for Pera Place Subdivision (H-2021-0056 & H-2021-0091), Located at 4600 W. and 4546 W. Daphne St., Near the Northeast Corner of N. Black Cat Rd. and W. McMillan Rd. 13. AIA A141 Design-Build Agreement for the Design Phase of the Discovery Park Skatepark to Evergreen Skateparks, LLC for the Not-To-Exceed Amount of $20,250.00 14. Professional Services Agreement Between the City of Meridian and Eventageous Idaho, LLC for Event Coordination Services: 2022 Meridian Main Street Market 15. Purchase Order for Water and Sewer Improvements in Accordance with the Interagency and Cost Share Agreement with Ada County Highway District for the Not-to-Exceed Amount of $469,192.96 16. Purchase Order for Water and Sewer Improvements in Accordance with the Interagency and Cost Share Agreement with Ada County Highway District for the Not-to-Exceed Amount of $396,652.44 17. Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County for Fiscal Year 2022 18. Task Order for Waiver of Fees for Meridian Library District Orchard Park Tenant Improvement Project (C-TI-2021-0050) 19. Resolution No. 22-2307: A Resolution of the Mayor and the City Council of the City of Meridian, Re-Appointing Andrew Seal to Seat 3 of the Meridian Planning and Zoning Commission; and Providing an Effective Date 20. Resolution No. 22-2308: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President’s Appointments of City Council Members/City Staff Members to serve as Interagency Boards, Committees, and Initiatives Representatives; and Providing and Effective Date ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 21. Resolution No. 21-2300: A Resolution of the Mayor and City Council of the City of Meridian to Repeal and Replace the City of Meridian Standard Operating Policy and Procedure Manual to Establish a New Standard Operating Policy Manual; and Providing an Effective Date Resolution will be on a future agenda ADJOURNMENT 5:09 pm Item#1. Meridian City Council Work Session February 1, 2022. A Meeting of the Meridian City Council was called to order at 4:35 p.m., Tuesday, February 1, 2022, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Treg Bernt, Jessica Perreault, Brad Hoaglun and Liz Strader. Also present: Chris Johnson, Bill Nary, Crystal Ritchie, Jeff Brown, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_Treg Bernt X Jessica Perreault _X Luke Cavener _X_ Mayor Robert E. Simison Simison: Council, we will call the meeting to order for the record is February 1 st, 2022, at 4:35 p.m. We will begin this afternoon's City Council work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is the option of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move approval of the agenda as published. Borton: Second. Simison: I have a motion and a second to approve the agenda as published. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Approve Minutes of the January 18, 2022 City Council Work Session 2. Approve Minutes of the January 18, 2022 City Council Regular Meeting Page 4 Meridian City Council Work Session Item#1. February 1,2022 Page 2 of 15 3. Apex Southeast Subdivision No. 3 Sanitary Sewer and Water Main Easement No.1 4. Apex Southeast Subdivision No. 1 Sanitary Sewer Easement No. 2 5. Ada County Emergency Medical Services District Five Mile Pathway Easement 6. Brodin Subdivision Sanitary Sewer Easement 7. Frontline Subdivision Private Road Sanitary Sewer and Water Main Easement No. 1 8. Frontline Subdivision Storage Facility Sanitary Sewer Easement No. 1 9. The Oaks North Subdivision No. 9 Full Release of Sanitary Sewer and Water Main Easement 10. Final Plat for Victory Commons No. 2 (FP-2021-0054) by BVA Development, Located Near the Northeast Corner of S. Meridian Rd. and E. Victory Rd. 11. Findings of Fact, Conclusions of Law for Fast Eddy's at Eagle (H-2021- 0068) by Steve Eddy, Located at 3775 N. Eagle Rd. 12. Development Agreement Between the City of Meridian and Tony Tseng, Applied Media, Inc. for Pera Place Subdivision (H-2021-0056 & H-2021-0091), Located at 4600 W. and 4546 W. Daphne St., Near the Northeast Corner of N. Black Cat Rd. and W. McMillan Rd. 13. AIA A141 Design-Build Agreement for the Design Phase of the Discovery Park Skatepark to Evergreen Skateparks, LLC for the Not- To-Exceed Amount of $20,250.00 14. Professional Services Agreement Between the City of Meridian and Eventageous Idaho, LLC for Event Coordination Services: 2022 Meridian Main Street Market 15. Purchase Order for Water and Sewer Improvements in Accordance with the Interagency and Cost Share Agreement with Ada County Highway District for the Not-to-Exceed Amount of $469,192.96 16. Purchase Order for Water and Sewer Improvements in Accordance with the Interagency and Cost Share Agreement with Ada County Highway District for the Not-to-Exceed Amount of $396,652.44 Page 5 Meridian City Council Work Session Item#1. February 1,2022 Page 3 of 15 17. Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County for Fiscal Year 2022 18. Task Order for Waiver of Fees for Meridian Library District Orchard Park Tenant Improvement Project (C-TI-2021-0050) 19. Resolution No. 22-2307: A Resolution of the Mayor and the City Council of the City of Meridian, Re-Appointing Andrew Seal to Seat 3 of the Meridian Planning and Zoning Commission; and Providing an Effective Date 20. Resolution No. 22-2308: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members/City Staff Members to serve as Interagency Boards, Committees, and Initiatives Representatives; and Providing and Effective Date Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: We have no changes to the Consent Agenda. I move to approve the Consent Agenda with the Mayor to sign and Clerk to attest. Borton: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 21. Resolution No. 21-2300: A Resolution of the Mayor and City Council of the City of Meridian to Repeal and Replace the City of Meridian Standard Operating Policy and Procedure Manual to Establish a New Standard Operating Policy Manual; and Providing an Effective Date Page 6 Meridian City Council Work Session Item#1. February 1,2022 Page 4 of — Simison: So, we will move on to Item 21 under Department/Commission Reports, which is Resolution No. 21-2300 and ask Mr. Nary or Ms. Ritchie to come up and speak. Nary: Nice to be back in front of you on this discussion. The Mayor asked for us to provide an update and we had sought feedback from all of you in regards to our presentation a few weeks ago and we did get some feedback, so we have some documents in front of you and we did also have those sent to Council Member Strader, so she has them as well. So, here is kind of where we have landed since our last conversation. I did point out that I thought if you could read the new revised preamble that would maybe answer some of your questions, because we did add a provision in there -- a line that says all policies and any financial procedures with any fiscal impact must be approved by the City Council to be effective. So, we had added that at the last iteration that you had since November, I guess, or October as a way to address some of the concerns that had been expressed earlier about the potential -- potential opportunity for changing policies that may be -- or procedures that might be something that Council should be reviewing. Council Member Borton did provide us with a list. I think it's the same list. I remember, Councilman Borton, this is the same ones we spoke about at the last meeting. So, based on the Mayor's comments saying, you know, if there is particular ones that you have concerns with or would like to see changed, not -- not put into this new structure like the way it's been proposed, point those out, let us have that conversation. So, Councilman Borton did point these to say, hey, these are the ones that I had the concerns with. We did talk about them a couple weeks ago. I would still like to explore that option. So, what we did, in talking with Crystal, is looked at it in two -- two ways and you have two different documents in front of you of the same policy of 5.6. One of them, basically, states under the procedure section, there's a red line at the top of that page that basically says changes to these procedures requires Council approval. So, pretty easy fix, a pretty quick fix to add that into the way the structure is currently. So, that's one way to do it. The only other way when Crystal and I talked about it that we thought could work, if that's your preference, that's fine, too, is we basically, essentially, push them back together the way they were previously, so it does say policy and procedure, instead of just policy as the other ones say. So, for these 13 they would say policy and procedure and they would all be in that section of the book that's policy. So, if you look at the other document you have for 5.6 you will see on the front of the page it says retirement match program, purpose, policy, authority, responsibility and you flip it over, all the procedures and related information. So, they would all be in that section of the manual under procedures. So, either one we could do if that suits your pleasure, if that's what you want. If you have another idea or another thought on that or you have a different -- other-- other policies that you think you would prefer in that, again, I would like to hear whatever concerns you have and maybe if we can address those we can do that, so -- I don't know if you had anything else to add, Crystal? Ritchie: No. You covered the three options that we wanted to share and get their feedback. Nary: Okay. Page 7 Meridian City Council Work Session Item#1. February 1,2022 Page 5 of 15 Simison: Council, questions, comments, preferences? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: If I could summarize this -- certainly, but -- thank you. Option one. Moosh it back together or don't make any changes. Keep it as is. And the three options. Ritchie: That would be a fourth option. So -- may I? Borton: Yeah. Please. Ritchie: Okay. So, we have the first option, which is to approve what we have put in front of you already without any changes. The second option would be to accept the policy manual the way that we have presented it to you with the updated preamble and that updated preamble has a statement in there on the back, the second page on the back that says any changes to policies and procedures -- specifically procedures of a financial tied to them has to come back in front of the Council and if that addresses your questions, concerns, and comfort level, we can move in that direction. The third option is you have 13 policies. It's the third page of your packet. In front of you where we take those 13 policies and we have blended the policy document and the procedure document back into one, we titled it policy and procedure. Therefore, if anything changes in any of those 13 documents, whether it's in procedure or not, it's embedded in the policy, we bring that back forward in front of you for any changes and approval. The fourth option is to keep the separation of policy document and procedure document as presented on the procedure document at the top for those 13 policy -- or those 13 procedures. It says changes -- any changes to be made to this procedure require Council approval, which means we would have to bring it back in front of you for discussion, consideration, and approval. Four options. Or, as Mr. Nary stated, anything else that you would like to suggest that we consider. But we were hopeful to come forward with some options to address the concerns in an effort to continue to move the policy manual forward. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: So, just for clarification, the number two and number three that are proposed, the procedures that are described here, you believe all of those will address the concerns on the pages that you provided that Joe had sent -- Councilman Borton had sent with questions? They -- you have matched them up such that you -- you believe that these are the procedures that would be addressed and -- so, is this -- is 5.6 a new section or you just--you are taking the existing section and modifying it to address the specific items that Council would like to make sure are reviewed? Page 8 Meridian City Council Work Session Item#1. February 1,2022 Page 6 of — Nary: So, Council Members, Council Member Perreault -- so, Council Member Perreault, Members of the Council, so 5.6 was one of those that was pointed out. It has been altered already in the last year, because we added the retirement match program that didn't exist previously. So, it's -- it's in a format like this and so it -- this is simply -- because, again, Council Member Borton wanted to be sure that the Council got to review both the policies and procedures for -- for all 13 of these. This was just one of them. Yeah. Example of either one that we could do. Again, we would just do the same thing. We had the other 12. We either push them back together or we create that statement on every one of the procedures. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: It might -- at first blush it sounds like it could be appropriate to do both. The preamble edition makes great sense and having the -- kind of the red top at the top of the procedures also just makes it crystal clear that the -- as to those -- I think there is 12 of them -- specific items, those portions of procedure do also certainly require Council approval to be changed. I think both of those can be part of the solution. Nary: Mr. Borton, Members of the Council, I would agree, because I think at least from a readability standpoint when we are talking a year or two, whatever, from now, if you don't understand in the preamble which financial policies we are talking about we highlight it in the section of the procedures that tells you it's this one. So, I would agree with you, I think it does help make it clear to everyone which ones are -- require that additional level of review. That's okay. Ritchie: Yeah. Nary: That all works. Simison: Option five work for the Council? Perreault: Mr. Mayor? Borton: Mr. Mayor? Go ahead. Simison: Council Woman Perreault. Perreault: Sorry. Could you run through that one more time? Nary: So -- yes. Certainly. Council Member Perreault, Members of the Council, so what we will do -- and so that preamble is already there. We already wrote that in a while back. So, we will just leave it the way it is and, then, we will take all 13 of these policies that we have identified and label every one of those procedures with that label that this procedure requires Council approval to be changed. Page 9 Meridian City Council Work Session Item#1. February 1,2022 Page 1 of — Perreault: Mr. Mayor, if I may? Simison: Council Woman Perreault. Perreault: For consistency sake wouldn't you then -- I guess I -- I wasn't under the impression that-- that these 13 are the comprehensive list of things that will need Council approval in the -- in the procedure and policies manual or are they? Nary: These are the only ones that have been raised to us as a concern, that because they all had fiscal impacts. They didn't have -- they didn't have anything else that would be --what I would consider the operational needs. They were all -- had a fiscal component tied to it, because of -- of retirement match or vacation days or whatever. That was why those were identified. Simison: And for clarification, every policy would -- that's in the policy section would be -- Council, these are just the procedure ones. Perreault: Yes. Correct. So, does that mean there is going to be a red title over every procedure and every section of the procedures? Because the procedure and policy manuals are going to be separated now into two manuals; correct? So -- Nary: Over every procedure. Perreault: I think that could then -- if somebody is reading through this and they are not aware, it could look -- feel inconsistent to -- to tag some procedures that require Council approval and others that do, but we are not tagging them, because they are not on this list of 13. Nary: So, the -- the intent of the project from the outset was to separate out procedures that don't have -- only have operational impact and no fiscal impact. Because, again, the previous years tend to change a lot of times, because the law changed, regulations changed, rules change, court changes, changes that require us to be able to change them quickly to meet that standard and it doesn't have any fiscal impact to the city in filing this document, not that one. Meeting this IRS reg, not this one. So, that's why the intent of the project from the outset was to take out procedures that don't have any real need for the Council's review, because there really are administrative functions on how the city runs and not on what would somehow impact policy or impact the policy decisions in the Council, it's simply how to administer some of these things that don't have a fiscal impact. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I understand that. What-- I might not be asking my question clearly. Are these 13 procedures the only ones in the procedure manual that are going to have this label and are the only procedures which Council -- is this a comprehensive list of procedures? Page 10 Meridian City Council Work Session Item#1. February 1,2022 Page 8 of — That's what I'm trying to find out. This is the comprehensive list of procedures which Council -- which will come before Council as a review in the procedure manual? Nary: Yes. Perreault: Okay. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: So, I understood some of it might be changes in law that come up. I guess I'm kind of surprised we don't have another option to have the Council liaisons approve procedure changes outside of this list with the highlighted, you know, all caps require Council approval. I think like small fee procedures, procedures outside of that maybe should run through the Council liaison -- maybe just for trial period, so we could get an idea for the volume of-- is this a huge amount of administrative changes that are coming on a regular basis or is it something that a Council liaison could approve similar to a budget amendment? So, if it's outside of this discrete list of the 12, then, at least, you know, there is still kind of a -- I'm just trying to respond to what I feel like is a Council concern about checks and balances and I just feel like maybe there is a more incremental way to do this. I'm pretty amenable to the will of the group, but I -- I'm just kind of wondering, you know, why we couldn't use the Council liaison as kind of a point for procedures outside of these 12. Nary: Mr. Mayor, Members of the Council, Council Member Strader, I mean we could certainly come up with some way to make sure the Council is aware. I mean there is no intent here that -- anything you are not going to be aware. So, like I said, I don't know how many of these change annually on the procedure side. I -- I couldn't tell you five or ten or even that many. Because, again, most of it's driven by external forces or internal needs. We had this department handle this and this particular position. Now we would like this position to handle that documentation or that workflow. So, that's usually what's changed is just -- instead of going to person X it goes to person Y, because person Y now their job has changed slightly and that's what they are doing, instead of the other. So, that's predominantly what it is. It's not -- again, as the law changes, whether or not we get it in front of you next week or week after, we are going to follow what the law is tomorrow. So, we are going to do whatever the law requires us to do regardless of that. What we thought, from an ease standpoint, from the Council's perspective, again, if you want an update periodically, if you would like to have the liaison updated, hey, we are looking at changing this procedure, here is why. If you think of any concerns you want to bring to the Council -- that's -- that's fine. I mean with the support departments and it has to predominantly run through HR and, secondarily, through Legal, if we are -- our liaison is the Council President, we would give the Council President a heads up. Hey, they have raised this issue, we need to change the procedure -- again, I mean I don't want to make it sound like it's very mundane, but it kind of is. I mean a lot of times it is. Here is the form we used to use, here is the form you now need to use. It used to be electronic -- or Page 11 Meridian City Council Work Session Item#1. February 1,2022 Page 9 of — it used to be written, now it's electronic. So, I mean that's really a lot of the procedural changes we have done in the last couple of years. We have tried to create fillable forms. It wasn't very long ago where we had a form we have, we printed it, wrote on it, scanned it back and e-mailed it. Now we can just do it online and e-mail it. We don't have to do that, because it's silly. So, that's a lot of the procedures that changed is just the processing of things. It has nothing to do with any impact on finances or anything else. It's simply this goes now to -- it doesn't go to Jenny, now it goes to Brad. I mean that's really a lot of them. So -- but if you want us to make the Council President aware or -- our liaison and they say, yeah, nobody's going to care about that or I will -- I will talk to the Council about it, I will let you know if that's a big deal. That's fine. I mean, again, it's not a -- we aren't trying to hide anything, we are trying to create some ease on the operation. Strader: Mr. Mayor? Simison: Council Woman Perreault. Or sorry. Strader. Strader: Yeah. Thanks. Yeah. I think that -- to me it would be the right -- I will just -- it sounds like a good compromise way of handling it. I don't think --you know, for example, when we need budget amendments I don't think that City Council has been a huge obstacle to getting business done. I know we try not to be. I would love to just -- you know, let's have this list of bolded changes that require Council approval or maybe change the preamble and, then, if it's something outside of this list I do think running it through the Council liaison for approval makes sense, so we can see -- it's hard to like -- predict for me all of the areas in which you might have an issue with a change in procedure. I can't do that. I don't have a crystal ball, you know. I mean we are -- it's all hypothetical. A future mayor, maybe not as wonderful as you, Mr. Mayor, or something like that; right? I can't predict all that. It's just too hard for me to and I just want to respond to concerns of other Council Members. That to me seems like a good double check. But that's just my opinion. Simison: Council, again, I'm fine with whatever direction you want to go. The reality is at some point in time someone built a car and they put it all under the Council's purview and it shouldn't have be put all under Council's purview. I think that's the reality. But it is under your purview right now with your approval and a change has to be done this way, even though the reality is it really doesn't or shouldn't have to in a lot of ways. But we can also just leave it as is, move on, and anytime we want to just bring back in front of Council and you can all hear it if it's relevant. So, we just want to move on, quite frankly. So, whatever direction you can, please, provide would be awesome. Nary: I literally had a nightmare about this presentation last night, because I couldn't find the list. And Crystal is here to hand me the list, so -- Ritchie: End the nightmare. Page 12 Meridian City Council Work Session Item#1. February 1,2022 Page 10 of 15 Nary: Yeah. So, I agree, I get a lot of -- I get a lot of the stuff -- it really was meant to make it easy for things that really don't have any impact to city's budgets and city's finance, city aid, Council's concern is again -- most of the time it's centered here, not there. Don't bring a receipt. Bring a receipt. That kind of stuff. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: This is a comment and a question. A comment to your comment. I mean none of this task came from Council. So, this whole exercise we didn't request or ask. So, if you are not -- if you don't have a dog in the fight as to which way we go, that's kind of why we are a little rudderless with five different options, quite frankly. I know we want to get this thing over the finish line, but we didn't create this. The question is -- Simison: Just on that -- I mean it was discussed with Council. You just don't remember. It was over three years ago when this conversation started and it predated two members of the Council that weren't involved in it, so -- Borten: No. I remember that crystal clear. I'm just saying the task came from the executive branch, not the legislative branch, the reason why we struggle with how to get this over the finish line. We are going to get there. Part of the process to get us to this stage -- the preamble references the local -- and I might have -- it would be the -- about what the local --they were provided all of this and what input, if anything, did they provide, any comments that helped come up with the final -- Nary: Oh, yeah. As our -- as our collective labor agreement requires, we did provide it to them for comment. They do have a time window to comment. There is two different tests in the contract. If it is a mandatory subject of bargaining, which is also a discussion point with the --with the collective labor group of what falls in that category, then, they get to comment if they don't agree. We have agreed to disagree. They may not be bound to that policy until the next contract we will make it part of the contract negotiations. If they have no comment or they -- it doesn't follow through a -- like it's literally a piece of paper. You got to file this one, not that one -- so, it's not a mandatory subject of bargaining and they can comment, we can say, no, thank you, or thanks for the input, yeah, we will change or not change or whatever. Or they have no comment and, then, we move on. I have it provided to them. They have had more than 30 days to review it. They have not provided comment. I have reached out to the president and he assured me if he had a concern he would tell me. I haven't heard back. So, that piece of -- of the approval process is complete with the union. Borton: So, the consequence of that is any portion of their -- of the changed policy that isn't addressed in their collective bargaining agreement they are subject to. Nary: Yes. Page 13 Meridian City Council Work Session Item#1. February 1,2022 Page 11 of 15 Borton: Want to make sure they have had the time to comment and -- Nary: And to be -- and to be fair, I mean as a -- as a -- as an entity they have commented in the past. We have had discussions about policy changes and have followed that exact process of either we don't apply it to you now, we will discuss it at the negotiation time or we have negotiated through it, come up with a reasonable solution we all can live with and we are gone. So, yeah, they definitely pay attention. They definitely review it. They definitely will comment if they have a concern. As I explained to them, as I explained to all of you, most everything in that book, although it's a lot of pages, is virtually the same as it is today. It's just divided differently. The words have changed slightly only because of language, not because of change in process or procedure, so -- or policy. So, I think they were -- there, again, they didn't respond, so I assume they are satisfied and so that piece has been taken care of. Borton: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I was just thinking through what Council Woman Strader had brought up about, okay, what about the other ones, do we do something with Council liaisons and you can make a case either way. I was looking at 5.3, you know, under PERSI and if there is a change by PERSI on what they define as employee eligibility, we will follow that no matter what and so it's like okay -- and something that big we will hear about, because it's going to be a big deal if they are changing that, because that does eventually have a financial impact one way or another on -- on -- on our employees and our city budget. So, yeah, trying to go back with what you were saying, Bill, the fact that, you know, a lot of it is very very minor or it's something that we have to do no matter what and -- but I want your feedback, Council, on this, do we for the next six months, maybe a year -- well, let's say for the remainder of this year we say, okay, liaisons and working with the Mayor, tell the department heads that if there is a procedure change, they run it by their Council, if it's not the red version, you know, where that's not saying it has to come before Council and, then, we just see, okay, what's this like? Now, as Council President, working with HR, Finance and Legal -- and I might get me going waving the red flag later on going this is ridiculous. This is just a bunch of mundane stuff that -- don't do this to me anymore. But -- but just -- just to see if that's -- is that an option and, Mayor, would your department heads be willing and -- Simison: Well, I'm -- I was hoping this would respectfully die without a lack--for a second. Because really at that point in time you have created six mini mayors and as a body you are -- that's really the only time you are able to act and if you are giving yourself authority to act within approval of underlying processes, procedures, or other things, you know, Council delegating other people's votes to go determine that something is okay, no disrespect, that's solely my purview. You can either delegate it to me that's appropriate, but I wouldn't delegate it to individuals to make those decisions, because that's really not where you guys reside as a body. Page 14 Meridian City Council Work Session Item#1. February 1,2022 Page 12 of 15 Hoaglun: And, Mr. Mayor, I -- I understand your argument, but you used the term mini mayors and that kind of sounded appealing, so, yeah, you didn't help your argument out at all. Simison: I can get a baton and deputize. Well, let's have a conversation. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: In seriousness. Yeah, I mean that's -- that's the dilemma is what is it that really is under the purview of the administration to say we handle the day-to-day stuff. We put it forward and I do want to make sure what Council is active in and I think it's been expressed very well, that it is those major things and those pieces that relate to budgetary items and to pieces that really should be a full elected body response. Now, sometimes we may differ on that, but I think what we have here, what Bill has brought forward and Crystal, have -- as proposed, you know, get us to that point and, you know, it doesn't give me any heartburn not to do that with the mini mayor system. It's just if that's something we want to try, but, you know, to your point I don't think it would be something that we would find useful, because it is an administrative function, if it's either required or it's very -- very routine that we really don't need to be involved in that. So, I'm -- I'm happy -- and I know Council Woman Strader likes to, you know, trying out tests and I appreciate that about her, but that is something I --we can do without,just move forward with the --what's been put in the preamble or the intro section and read on those other procedures and, then, we can -- we can move forward. Any other thoughts? Anything different from that? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I think -- that sounded like it might have been option five, was basically the preamble plus the denoted 12 items in the procedures. Do both of those. I think Councilman Strader -- it's kind of a collaborative suggestion and is a really -- is a really good one and -- and perhaps going forward approval of procedure changes -- approval might not be the right word, but let's be collaborative and work with your liaison and if you are going to change a procedure at least talk to them about it, keep them in the loop. If it's something that sounds a little sideways we can bring it up for us to discuss and say this one might seem -- we don't anticipate it, but if there is something that sounds sideways let's have collaboration with your Council liaison talk about it, so it's not a mini mayor authority change, but that seems to be a very reasonable development. Strader: You are fading a little bit, Joe. Borton: What's that? Strader: Mr. Mayor? Page 15 Meridian City Council Work Session Item#1. February 1,2022 Page 13 of 15 Simison: Council Woman Strader. Strader: Sorry. You kind of trailed off on the audio a little bit. I guess to play devil's advocate a little bit, currently Council has review and approval of all policies and procedures and so if it's not broken do we really need to fix it? I don't -- I think asking for an approval is important or at least a proactive affirmative need for the Council to inform their department liaison, otherwise, just saying let's try to do this. I don't know if that serves the same purpose. I don't have the same concern about creating mini mayors. I don't think that we currently have that happening with other processes that are the exact same process. I just think this should be a unanimous vote or very close. If it's something where there is a lot of-- if you guys can live with just the bolded change and that preamble and I -- I'm happy to go along with it, but if half of us are not on board I don't think we should make a change to an issue that has repercussions for the checks and balances of the city. Just kind of -- so, I mean I'm trying to be flexible, but, yeah, I guess I just don't have the same concern that the administrative branch does, but I have -- I have the other concern, which is just -- it's always been this way and Council has always had the approval over both. Maybe we should just divide it up for additional ease of reading. The Council should maintain approval of policies and procedures and we could just see how many come in front of us. Simison: If Council wants no changes we are fine and --well, I say I'm fine. Sorry. Three years of your work, you know, is what it is. Again, I don't want to beat this up from -- from all these areas. I just want a decision to go forward one way or the other. Nary: So, here is -- here is the only thing I would think about before -- if that's the direction you want to go. If you noticed when you got the procedure -- or policies -- there are policies that have changed, mostly because of the law. They are not changed yet. If we leave it the way it is they are not changed. They are all going to have to come back. I have to send them back to the union again and there is another window of time before we can come -- before our policies comply with the law. Our practice complies with law, but the policy doesn't. So, if we start over we are not over. We are going to come back to you again and again to fix all the policies that this one fix would fix. So, again, I -- not that that -- you can't do that unless you want to do that that's fine, but be aware that's -- that's the impact. You will not see this again. You are going to see it probably five or six more times. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I think Councilman Borton hit on a solution and that's -- we would hope you would encourage your directors to discuss all important things with liaisons and keep them in the loop and -- and whether it's procedures or whether it's other things, I think that's the way to go and depending on the liaison and department they are in, it might be that, hey, you know, just keep me in the loop and -- and I think we will be fine that way. Usually directors are very good about making sure liaisons are -- are well aware of things Page 16 Meridian City Council Work Session Item#1. February 1,2022 Page —of 15 that are happening, whether they are procedures or not, which is very helpful. You know, having served in parks, as many of you have, you know, Steve keeps us up to date on all sorts of things of what's going on and whatnot and those are helpful and able to provide feedback and -- yeah. And if there was something that I would go, oh, you guys are doing that, well, I might want to talk to the Mayor about that, because that -- that -- that impacts the park I live by and I know my neighbors wouldn't like that type of thing. But that's just kind of a normal course of business, if you will. Simison: The reality is the only person that it's going to impact is you, because the only policy changes are going to come from HR, Legal, Finance and IT. That's the only people that have policies. So, all the other -- Hoaglun: I will make a -- Simison: I made conversation with Councilman Borton about anything in the Fire Department -- on any changes that are going to be initiated by the Fire Department. So, that's really what it does come down to. Hoaglun: And I think that's fine. We can have those agreements and these directors know very well what -- what's important and what isn't and they got the experience to do that. So, I'm -- I'm fine with moving forward as -- as we have outlined from a standpoint of do we need to change and separate out policies and procedures? We do. I mean it's time to do that. Update them. Make sure now it's -- and I think we have settled on a good course that Councilman Borton laid out for how we do that with the intro and the marking and, then, I just get to chat with you guys from time to time and go do you want to know about this or not. So, we can do that. Nary: It will probably take us -- the 15th would be the next one we could put the final resolution on with the changes for final approval. So, that would be what I would propose to do is bring it back on the 15th. Simison: Council, do you feel comfortable starting with it on the 15th or do you want another department report discussion on the 15th based on what you have --the direction you have seen and heard? Borton: Mr. Mayor? Simison: Councilman Borton. Borton: I guess consent would be sufficient. Not a report necessarily. And if someone wants to provide some context you could pull it from Consent, but that would be it. Simison: Okay. Thank you. With that we have reached the end of our agenda. At least the last one I saw. Hoaglun: Mr. Mayor? Page 17 Meridian City Council Work Session February 1,2022 Page 15 of 15 Simison: Councilman Hoaglun. Hoaglun: I move that we adjourn the work session. Borton: Second. Simison: I have a motion to adjourn. All in favor signify by saying aye. Oppose nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 5:09 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2 15 / 2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 18 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 18, 2022 City Council Work Session Page 3 Meridian City Council Work Session Item#1. January 18,2022 Page— —— Jackson: Okay. It was a pleasure. Thank you all. Simison: Council, we have reached the end of our session. Do I have a motion to adjourn? Hoaglun: Move to adjourn, Mr. Mayor. Simison: We have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:15 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 2/1/2022 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 30 7/tem 77 (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 18, 2022 City Council Regular Meeting Page 31 Meridian City Council Item#2. January 18,2022 Page 8- 8 Simison: I have a motion and a second to approve Ordinance No. 22-1963 under the suspension of the rules. Is there any discussion? Council Woman Perreault. Perreault: Sorry about that. Mr. Mayor. The statement here doesn't say anything about a waiver of reading rules, so does there need to be a suspension of rules still? Are we waving two more readings? Simison: Mr. Nary. Nary: Mr. Mayor, Members of the Council, it is not required always to put that in. We put it in our land use application primarily. So, you are still waiving the reading rules, but you could do it simply by the motion. Simison: Any further questions or discussion on the motion? If not, all if favor signify by saying aye. Opposed nay. The ayes have it in the ordinance is agree to. MOTION CARRIED: ALLAYES. FUTURE MEETING TOPICS Simison: Counsel, anything under future meeting topics? Or do I have a motion to adjourn? Hoaglun: Move to -- move to adjourn, Mr. Mayor. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:32 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK Page 39 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Southeast Subdivision No. 3 Sanitary Sewer and Water Main Easement No.1 Page 40 ADA COUNTY RECORDER Phil McGrane 2022-011547 BOISE IDAHO Pgs=11 BONNIE OBERBILLIG 02/02/2022 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0112 Apex Southeast Subdivision No. 3 Sanitary Sewer and Water Main Easement No. 1 SANITARY WFR AND WATER MAIN EASEMENT THIS Easement Agreement, made this 1st day of February 20 22 between SCS Investments LLC and DWT Investments LLC ("Grantor") and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.01/01/2020 THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors,assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. [END OF TEXT;SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 GRANTORS: SCS INVESTMENTS LLC an Idaho limited liability company 'Z By: Michae Hall, President DWT INVESTMENTS LLC an Idaho limited liability company By: Brighton Corpor tion,an Idaho corporatio n er By: n, Robert illi , President STATE OF IDAHO ) :ss. County of Ada ) On thisa I day of January, in the year 2022,before me a Notary Public of said State, personally appeared Robert L. Phillips,known or identified to me to be the President of Brighton Corporation,the Manager of DWT Investments LLC,the company that executed the instrument of the person who executed the instrument on behalf of said company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. -- - - - - - - - - - 4L. (L4 SHARI VAUGHAN Notary Public for I Notary Public-State of Idaho Commission Number 20181002 My Commission expires: My Commission Expires Jun 1, 2024 STATE OF IDAHO ) :ss. County of Ada ) On this DT)iay of January,in the year of 2022,before me a Notary Public of said State,personally appeared Michael A.Hall,known or identified to me to be the President of SCS Investments LLC,the Company that executed the instrument or the person who executed the instrument on behalf of said company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. DONNA WILSON COMMISSION#67674 NOTARY PUBLIC otary Public for Idaho STATE OF IDAHO My Commission expires �� GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-1-2022 Attest by Chris Johnson, City Clerk 2-1-2022 STATE OF IDAHO, ) . SS. County of Ada ) This record was acknowledged before me on 2-1-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#3. km E N G I N E E R I N G January 6,2022 Apex Southeast Subdivision No.3 Project No.21-025 Legal Description City of Meridian Sewer&Water Easement Exhibit A Parcels of land for a City of Meridian sewer and water easement situated in a portion of the Southwest 1/4 of the Northwest 1/4 of Section 5,Township 2 North, Range 1 East, B.M., City of Meridian, Ada County, Idaho and being more particularly described as follows: Commencing at a 5/8-inch rebar marking the Center-West 1/16 corner of said Section 5,which bears S00°01'43"E a distance of 2,672.87 feet from a found aluminum cap marking the Northeast corner of Government Lot 4 of Section 5; Thence following the westerly line of said Southeast 1/4 of the Northwest 1/4, N00°01'43"W a distance of 57.50 feet to a 1/2-inch rebar; Thence leaving said westerly line and following the northerly right-of-way line of proposed E.Via Roberto St., N89°52'38"W a distance of 185.71 feet to POINT OF BEGINNING 1. Thence following said northerly right-of-way line, N89°52'38"W a distance of 30.00 feet; Thence leaving said northerly right-of-way line,N00°06'18"W a distance of 14.00 feet; Thence N00'06'18"W a distance of 116.71 feet to a point hereinafter referred to as Point"A"; Thence N89*53'42"E a distance of 5.99 feet; Thence 24.38 feet along the arc of a circular curve to the left,said curve having a radius 80.00 feet,a delta angle of 17°27'44",a chord bearing of N81°09'50"E and a chord distance of 24.29 feet; Thence S00°06'18"E a distance of 120.51 feet; Thence 500°06'18"E a distance of 14.00 feet to POINT OF BEGINNING 1. Said parcel contains 3,952 square feet,more or less. Commencing at a point previously referred to as Point"A",thence N86°31'33"W a distance of 929.10 to POINT OF BEGINNING 2. Thence S89°53'42"W a distance of 123.10 feet; Thence S89`53'42"W a distance of 23.00 feet; Thence N00°04'35"W a distance of 30.00 feet; Thence N89°53'42"E a distance of 143.00 feet; Thence S00°04'35"E a distance of 7.96 feet; Thence 22.33 feet along the arc of a circular curve to the left,said curve having a radius of 80.00 feet,a delta angle of 15°59'26",a chord bearing of S8°04'18"E and a chord distance of 22.25 feet to POINT OF BEGINNING 2. 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Page 46 Item#3. Said parcel contains 4,313 square feet, more or less. Said description contains a total of 8,265 total square feet,more or less,and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. 1 a a 12459 , w d' OF L. i i PAGE 2 Page 47 Item#3. RS\ABALLARD\KM ENGINEERING\KM GENERAL-REMOTE WORK\PROJECT\21-025\CAD\SURVEY\EXHIBITS\21.025 CITY EASMENT.DWG,AARON BALLARD,1/6/2022,\\KMEBOIDCI.KMENG.LOCAL' M I M � I OD • z r � D -U -0 0 -11 0 � I N O rn 0 � X m O D X C- 0 0 0 c r 0 r r 0 0 M O 0 c 0 rn z rn z V) M z (AI r Do O Z Z OD O OC "' -D o C: U m z m o z wl z X X rn Cal m z z �I m rn N z _ m �I 00 z M i I 0 m O I z m 0 z N z v> V) OD 0O U'o z O O N I -' nx 3 r O N y 17- OHO z` ) zip d rt �C X rf O can N I (D r* r m � 0 OD tr r n C 0 N � CU 0M zc) ( N ni O rn S Z D (D 3 0 0 cn-10 m CU ty zDz cn M 4 BASIS OF BEARING 0 o S00'01'43"E 2672.87' o_ 0 cn z J O � O O O Cl zf O O Z = � D M m !r Exhibit B - City of Meridian Sewer and Water Easement N =�Z 0 m Z =z ,��' Apex Southeast Subdivision No. 3 m O=° m m T1 Situated in a portion of the SW 1/4 of NW 1/4 W W K z� o o Section 5, T2N., R1E., B.M., City of Meridian, Ada County, ID C) V" N Page 48 Item#3. RS\ABALLARD\KM ENGINEERING\KM GENERAL-REMOTE WORK\PROJECT\21-025\CAD\SURVEY\EXHIBITS\21-025 CITY EASMENT.DWG,AARON BALLARD,1/6/2022,\\KMEBOIDCI.KMENG.LOCAU n c N � � G m Z Do A O O O > O O O O O cCn w O w N N r O Ln N m O Z -� w _ S. Locust Grove Rd. c v o> o v D i :3 N 41 D W Ln rn _ r t— 09 0? 2 L4 ODD Z II ca O O CJt cD LrI0O ao p A - W m r w !` D O - o ° -0 nl M N L4 � '�' N Q X J M -• N 2 N Co _ O (NJ1 fND_ 0 {� 0 rC-:- O w Z CD ci cc) ILFI En 0 ° N L4 o I m nCr ED r �, D nith Ave 1 ° ° -* oO OOQ' �, L4(qU7o u N00'06'18"W 116.71'� r ZOL ° ° Wc0� �C.1 L . S00'06'18"E 120.51' � m 0 L p OD r �p O ED O fT w N N Z m Exhibit B - City of Meridian Sewer and Water Easement 00 ,� m .. °- N� Apex Southeast Subdivision No. 3 �ti==Z o m=�m n TI m 3 'PW A N Situated in a portion of the SW 1/4 of NW 1/4 ww z o o Section 5, T2N., R1E., B.M., City of Meridian, Ada County, ID o � ti Page 49 Item#3. I 1 4 5 1 i i y( i i `i I 3 0 0 0 � o o' �j �. x i E i I n89°52'38"w 30.00 j Title: Date: 01-04-2022 Scale: 1 inch=30 feet File: Deed Plotter.des Tract 1: 0.091 Acres: 3952 Sq Feet:Closure=s30.524ge 0.01 Feet: Precision=1/46141: Perimeter=326 Feet 001=189.5238w 30.00 004=n89.5342e 5.99 007=s00.0618e 14.00 002�00.0618w 14.00 005:LL R=90.00.Delta-) B. n81.0950e.Chd<2429 003=00.0618w 116.7I 006=s00.0618e 120.51 I i i I i Page 50 Item#3. 143.00 n89153'42"e 1 o � 0 a i o � ' i `I f s89°53'42"w s89°53'42"w 23.00 123.10 Title: Date: 01-04-2022 Scale: 1 inch=20 feet File: Deed Plotter.des Tract 1: 0.099 Acres: 4313 Sq Feet:Closure=s88.1921 a 0.00 Feet~ Precision=1/76432: Perimeter=349 Feet 001=s89.5342w 123.10 004=n89.5342e 143.00 002=s89.5342w 23.00 005=s00.0435e 7.96 003=n00.0435w 30.00 O,4.a 1ST��;5 S9'6 t i i i I i i Page 51 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Apex Southeast Subdivision No. 1 Sanitary Sewer Easement No. 2 Page 52 ADA COUNTY RECORDER Phil McGrane 2022-011546 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/02/2022 08:13 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0113 Apex Southeast Subdivision No. 1 Sanitary Sewer Easement No. 2 SANITARY SEWER EASEMENT THIS Easement Agreement, made this 1st day of February20 22 between Smith Brighton Inc. ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV.01/01/2020 Item#4. THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SMITH BRIGHTON INC. an Idaho core i Robert L.P illi , ice President STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on 1/24/2022 (date) by Robert L.Phillips (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Smith Brighton Inc. (name of entity on behalf of whom record was executed), in the following representative capacity: Vice President (type of authority such as officer or trustee) (stamp) SHARIVAUGHAN otary Signature M Commission Expires. 6-1-2024 Notary Public-State of Idaho Y p Commission Number 20181002 My Commission Expires Jun 1,2024 Sanitary Sewer Easement REV. 01/01/2020 Page 54 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-1-2022 Attest by Chris Johnson, City Clerk 2-1-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-1-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV.01/01/2020 Item#4. km E N G I N E E R I N G January 21,2022 APEX Southeast Subdivision No. 1 Project No.20-124 Legal Description City of Meridian Sewer Easement Exhibit A A parcel of land for a sewer easement situated in a portion of the Northwest 1/4 of the Northwest 1/4 of Section 5,Township 2 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: { i Commencing at a brass cap marking the Northwest corner of said Section 5, which bears ` N00'04'35"W a distance of 2,671.16 feet from a brass cap marking the West 1/4 corner of said Section 5,thence following the westerly line of said Section 5,500°04'35"E a distance of 1,259.39 feet; Thence leaving said westerly line, N89°53'42"E a distance of 202.90 feet to the POINT OF BEGINNING. Thence N00°04'35"W a distance of 147.80 feet; Thence 31.86 feet along the arc of a circular curve to the left, said curve having a radius of 80.00 feet, a delta angle of 22*49'15", a chord bearing of S52'14'34"E and a chord distance of 31.65 feet; Thence 500`04'35"E a distance of 128.38 feet; Thence 589`53'42"W a distance of 25.00 feet to the POINT OF BEGINNING. Said easement description contains 3,419 Sq. Ft., more or less, and is subject to any existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is hereby made a part hereof. 4� a 12459 0 9 A 0 F l� N L. B�Ly4► i 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939• kmenglip.com Page 56 Item#4. i I i i i I BASIS OF BEARING S. Locust Grove Rd. w MN00'04 35 W 2671.16 _ _ _ M u, OD S00'04'35"E 1259.39' u� N ca L o� w Z� N p p m r O p W N W-p O �O !D P O 00 -� O I -P O N � _ m �p Z� V W En o 0 !v N nDn O O ZO ODD �LnKI fD N O ^ 47-7 C � D Z a CD m m CL Q Q v K -- -- m z x � S. Zenith Ave.IQ ' Ln O O CALA N n rr 4, 0D Q M O O C O N d o0 -;b.. I l/1 O ^' r+ Cn O r+ y m W Q Q o v_ N > O N aj m o r+ x W Z o I Ln z pbo rRL u I O rt < fD o m II r+ D V. LTI 1� N M Q O � C] [n = N O � v rri w a, o cn v = � a z =m�o m m m EXHIBIT B - CITY OF MERIDIAN SEWER EASEMENT x Z0z- N APEX SOUTHEAST SUBDIVISION No. 1 � "!2 r. O O�ox mom T m 3 W m Sitivated in a portion of the NW 1/4 of the NW 1/4 of ww<- z 9aN Section 5, T2N, R1E, B.M., City of Meridian, Ada County, Idaho A A N Page 57 o �O O LZo LZ OwJ d9'53'42',c Title: Sewer Easement- Smith Brighton Inc. Date: 01-21-2022 Scale: 1 inch=50 feet File: Tract 1: 0.078 Acres: 3419 Sq Feet:Closure=n00.2159e 0.01 Feet: Precision=1/42039: Perimeter=333 Feet 001=n00.0435w 147.80 003=s00.0435e 128.38 �LLR O.Ot!D 0 el'3a 1�54915 13% r434 hd 004=s89.5342w 25.00 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Ada County Emergency Medical Services District Five Mile Pathway Easement Page 59 ADA COUNTY RECORDER Phil McGrane 2022-011571 BOISEIDAHO Pgs=11 CHE FOWLER 02/02/2022 08:44 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0105 Ada County Emergency Medical Services District Pedestrian Pathway Easement Above Space Reserved foi- Recol-del-'s Use 0111% EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY THIS EASEMENT for the City of' Meridian's Five lklilc Pathwa� Improvement at t-Tstick and Linder is made and entered into this J4,K— day of 2021. by and between ADA COU'NTY EME C RGEN -----Y MFI)ICA1. SERVICES DISTRICT, a duly formed and existing ambulance district pursuant lo the laws cal` the. State of Idaho (-Grantor"), and CITY OF MERIDIAN. an Idaho Municipal Corporation (-Grantec7'). RECITALS WHEIREAS. Grantor is the owner of' real property located at 319:5 N. Linder Road, Meridian. Idaho 83646 on 2 portion of which the City, orkieridian desires to establish as public pathNvay, and WHEREAS, Grantor desires to grant an easement to establish as public pathway and provide connectivity to present and future portions of the path4,vay: and WHEREAS, Grantee shall construct the pathway iniprovernents upon the casernent described herein; and WHEREAS'. Grantor and Grantee no\v wish to make an agreement thil,t �vilj be recorded to document the location of the casement and docurnent the parties' IllUtUal Understanding regarding the easement. AGREEMENT I Grant of Easement, On the terms aad conditions set forth hercill. Giranlor hereby grants to Grantee a nonexclusive Easement to be used solely, for the limited purpose of construction, operation, and maintenance of Grantee's Five Mile Pathway on property as described in Exhibit A ( I page. legal description EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATI-1 WAY — PAGE I and Exhibit B (1 page drawing and photographs) attached hereto and by reference incorporated herein as if set forth in full. 2. Term. The term of this Easement is perpetual, If Grantee fails to use the Easement for the Five Mile Pathway for a continual period of one (1) year or more, the Easement herein granted shall automatically terminate without it being necessary for the Grantor to take any affirmative action to terminate this Easement. 3. Continuing Liabilit . Termination of this Easement shall not release the Grantee from any liability or obligation hereunder resulting from any acts, omissions or events happening prior to the termination of the Easement and restoration of Grantor's property to its prior condition as required herein. 4. Easement Not Exclusive. This Easement does not extend to Grantee the right to use the Easement to the exclusion of Granter for any use within Grantor's authority and discretion. 5. No Representations by Grantor. Grantee acknowledges that Grantor has made no representations with respect to the Grantor property or its condition, and that the Grantee is not relying on any representations of Grantor or Grantor's agents with respect to the use or condition of the property. This Easement grants the Grantee the rights and privileges to access and use the property in its present conditions "as is" without any warranties. 6. Grantee's Use of the Easement Property. This nonexclusive Easement shall be for the use and benefit of Grantee, for the limited purpose of construction, operation, and maintenance of Grantee's Five Mile Pathway, together with a perpetual right of ingress and egress, and all rights and privileges that are necessary or incidental to the reasonable and proper use. In its use and enjoyment of the area covered by the Easement provided herein, Grantee shall exercise its best efforts to avoid disruption of Grantor's use of 3195 N. Linder Road, Meridian, Idaho 83646 to provide emergency medical services. Notwithstanding this Easement, Grantee expressly acknowledges and agrees that Grantor reserves a right of continuous access to 3195 N. Linder Road, Meridian, Idaho 83646 through the ingress and egress driveway from the property on to N. Linder Road. During the construction of the Grantee's Five Mile Pathway on the Easement, Grantee shall ensure at all times that there is at least a width of sixteen (16) drivable feet on Grantor's ingress and egress driveway from 3195 N. Linder Road, Meridian, Idaho 83646 on to N. Linder Road to ensure that emergency medical vehicles may enter and exit the property at any time without obstruction or delay. After construction of the Grantee's Five Mile Pathway on the Easement EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY—PAGE 2 Page 61 is completed, Grantor's right of continuous access shall extend along the entire width of the ingress and egress driveway from 3195 N. Linder Road, Meridian, Idaho 83646 on to N. Linder Road, and the only use of that ingress and egress that shall be permitted under this Easement is crossing over the ingress and egress while traveling from one side of the Five Mile Pathway to the other side of said Pathway. 7. Protection of Public. Grantee is solely responsible for erecting and maintaining barricades, canopies, guard, lights and warning signs to the extent required for protection of the public during construction, repair, or maintenance of the Five Mile Pathway, and restoration of Grantor's property. 8. Restoration of Property. Upon completion of the construction of Grantee's Five Mile Pathway on the Easement, Grantee shall, at its sole cost and expense, restore Grantor's property, including, but not limited to, landscaping, lighting, and water system. to a condition as good or better than existed prior to the construction of the Pathway. In the event that Grantee fails to retore Grantor's property to its prior condition within 30 calendar days after completion of construction, or a different period of time subsequently agreed to by the Grantor and Grantee in writing, Grantor may proceed with such restoration work at the expense of Grantee. 9. No Fee. There is no fee for this Easement. 10. Binding Effect. Each and every one of the benefits and burdens of' this Easement shall inure to and be binding upon the Grantor and the Grantee, and shall be covenants running with the land. 11. Assignment and Licenses. Grantee shall not assign this Easement without the prior written consent of Grantor. Grantee shall have the right to allow contractors to use the Easement area on a temporary basis for purposes of construction, operation, repair, and maintenance of Grantee's Five Mile Pathway on the terms and conditions permitted herein. 12. Interpretation/Severability. If any clause, provisions, subparagraph, or paragraph set forth in this Easement is illegal, invalid, or unenforceable under present or future applicable laws, it is the intention of Grantor and Grantee that the remainder of this Easement shall not be affected thereby. 13. Choice of Law and Venue. The terms and provisions contained in this Easement shall be governed and construed in accordance with the laws of the State of Idaho. For the resolution of any dispute arising from this Easement. venue shall be in the courts of the County of Ada, State of Idaho. EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY — PAGE 3 Page 62 14. Attorney's Fees and Costs. In any suit, action or appeal therefrom to enforce or interpret this Easement, the prevailing party shall be entitled to recover its costs incurred therein, including reasonable attorneys' fees. 15. Authority. The Grantor and Grantee represent to the other that such party has full power and authority to execute, deliver and perform this Easement, that the individuals executing this Easement on behalf of said party have been and are fully empowered and authorized by all requisite action to do so; and this Easement constitutes a valid and legally binding obligation of said party enforceable against such party in accordance with this Easement. 16. Complete Agreement. This Easement, and Exhibit A and Exhibit 11. attached hereto, embody the complete agreement between the Grantor and Grantee and no additional or different oral representation, promise or agreement shall be binding on any of the parties hereto with respect to the subject matter of this Easement. This Easement cannot be modified, altered, amended, or terminated except by the written agreement of Grantor and Grantee. 17. Permit. If any proposed construction, relocation, or maintenance of the Easement requires Grantee to obtain a permit, Grantee shall first obtain such permit before commencing such work, pay the required fees, and otherwise comply with the conditions set forth therein. 18. No Costs to Grantor. Any and all costs and expenses associated with Grantee's construction, use, restoration, repair, or maintenance on the Easement shall be at the sole cost and expense of Grantee. 19. Indemnification. To the extent allowed by Idaho law, including, without limitation, Article VIII, section 3, of the Idaho Constitution, Grantee hereby agrees to defend, indemnify and hold Grantor, its officers, agents, and employees harmless from and against any and all claims, losses, actions, damages, judgments, costs, expenses, including, without limitation, reasonable attorney fees and costs, for injuries to persons or property arising out of the failure or neglect of Grantee and its officers, employees, contractors, subcontractors or agents to properly use, repair, or maintain the Easement and the path constructed thereon. In the event that Grantor is alleged to be liable on account of any activities, acts, or omissions of Grantee, its officers, agents, or employees, then Grantee shall defend such allegations through counsel chosen by Grantor and Grantee shall bear all costs, fees, and expenses of such defense, including but not limited to, all attorney fees and expenses, court costs, and expert witness fees and expenses. Nothing in this Agreement shall extend Grantee's responsibility or liability EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY—PAGE 4 Page 63 Item#5. I beyond that required by the Idaho Tort Claims Act, Idaho Code section 6-901. et seq. 20. Compliance with Law. Waste and Nuisances Prohibited. In connection with Grantee's use of the Easement, Grantee covenants and agrees to: (i) comply and observe in all respects any and all federal, state and local statutes. ordinances, policies, rules and regulations, including, without limitation, those relating to traffic, bicycle and pedestrian safety, the Clean Water Act, and/or to the presence, use, generation, release, discharge, storage or disposal in, on or under the Easement of any Hazardous Materials (defined as any substance or material defined or designated as hazardous or toxic waste, material or substance, or other similar term, by any federal, state, or local environmental statute, regulation or occurrence presently in effect or that may be promulgated in the future); (ii) obtain any and all permits and approvals required by Grantor or any other unit of government; and (iii) commit no waste or allow any nuisance on the Easement. Grantee covenants and agrees to indemnify and hold Grantor harmless from and against any and all claims, demands, damages license, liabilities and expenses (including, without limitation, reasonably attorneys' fees) arising directly or indirectly from or in any way connected with the breach of the foregoing covenant. 21. Notice. Any notice under this Agreement shall be in writing and be delivered by certified mail, return receipt requested. All notices shall be addressed to the parties at the addresses contained herein. Grantor: Grantee: Ada County Emergency Medical City of Meridian Services District Attn: City Clerk 200 W. Front Street 33 E. Broadway Avenue Boise, Idaho 83702 Meridian, Idaho 83642 22. Recording. This Easement shall be recorded in the real property records of Ada County, Idaho. EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY — PAGE 5 Page 64 Item#5. GRANTOR: Board of Ada County Emergency Medical Services District By: Adeck, am issioner By: Rya avi on, Co missioner B Kend eny , Commissioner ATTEST: l Phil McGrane, Ada County Clerk by Katle Reed, Assistant Deputy Clerk STATE OF IDAHO ) ) ss. County of Ada ) On this !7" day of(2021, before me, AM-) I)uhm , a Notary Public in and for said State, personally appeared Rod Beck, Ryan Davidson. and Kendra Kenyon, known or identified to me to be the members of the Board of Ada Emergency Medical Services District. who executed the instrument on behalf of Ada County Emergency Medical Services District, and acknowledged to me that the Ada County Emergency Medical Services District executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. ANNE M.DtJHM �. COMMISSION#202OM2 Notary Public for Idaho STATENOTARY BUC OF IDAHO Residing at Mr eoWssiON EXPIRES OW7I2028 My commission expires EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY— PAGE b Page 65 a GRANTEE: City of Meridian Robert E. Simison, Mayor 2-1-2022 Attest by Chris Johnson, City Clerk 2-1-2022 STATE OF IDAHO ) ss. County of Ada ) On this 1st day of February, 2022 before me, Charlene Way , a Notary Public in and for said State, personally appeared Robert E. Simison and Chris Johnson, known or identified to me to be the Mayor and City Clerk of the City of Meridian, respectively, who executed the instrument on behalf of the City of Meridian, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at Meridian, Idaho My commission expires 3-28-2022 EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY — PAGE 7 Item#5. EXHIBIT A EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY - EXHIBIT A Page 67 V Item#5. • T-O ENGINEERS October 7, 2021 Project No.: 210249 EXHIBIT"A" N.Linder Pathway at Ustick Permanent Easement A 5 foot wide easement located in the Northeast Quarter of Section 2, Township 3 North, Range 1 West, Boise Meridian,Ada County, Idaho, being more particularly described as follows: COMMENCING at the Northeast corner of said Sections 2, from which the East One- Quarter corner of said Section 2 bears S.00*01'02"E., 2699.10 feet; thence, along the east line of said Section 2, A. S.00°01'02"E., 86.34 feet; thence, B. S.89°58'58"W., 50.00 feet to the west right-of-way of N. Linder Road being the POINT OF BEGINNING; thence, along said west right-of-way the following three courses: 1) S.44°37'59"E., 7.12 feet;thence, 2) S.00°01'02"E., 389.29 feet; thence, 3) S.56°34'21"W., 5.99 feet; thence, leaving said west right-of-way, along a line parallel with and 50.00 feet west of the east line of said Section 2, 4) N.00*01'02"W., 397.65 feet to the POINT OF BEGINNING. The above-described strip of land CONTAINS 0.045 acres, more or less. O pALAV E N Se A v/zs/2o21 178P T,j,qrF or 0 Q$ Ew M Q t 2471 S.Titanium Place j Meridian, ID 83642 P:208,323.2288 1 to-engineers.com Page 68 Item#5. EXHIBIT B EASEMENT FOR CITY OF MERIDIAN FIVE MILE PATHWAY - EXHIBIT B Page 69 Item#5. EXHIBIT "B" ix LOCATED IN THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN,ADA COUNTY, IDAHO 2021 cn W 35 36 Z q 2 1 SEC. COR. o CP&F INST.NO. 0 109109699 cn W USTICK RD Lu - POB Npk. LAND L3AGE N Sf SG�` LL L2 L4 - - - a 10�Z7�ZOZ1 p 17 - CD CVO �0�' � yoR OF �O z EW M 0 U of O Lu LINE TABLE ir z LINE BEARING DISTANCE L1 SOO'01'02"E 86.34' c) U o a L2 S89'58'58"W 50.00' f L3 S44'37'59"E 7.12' ui cv I Z L4 S44'37'59"E 14.24' ai 00 Z ~ �3 3fw w 0 'N = ` n N �10 O a° o Olp O O 00 PERMANENT EASEMENT(PE),0.045 AC o va tu � 5D.00' z ® TEMPORARY LICENSE(TL),0.093 AC N W 45.00' n Q " r 6 0 5.00' PE I oo t o 10.00' TL I rn W a Na w r wm 0 0 0' 30' 60' 120' W � oU) o Q z as a � m 2 r w QTR. COR. T-O ENGINEERS 2 $ CP&F INST.NO. S56'34'21"W 11.98' 108044955 2471 S. TITANIUM PLACE S56'34'21"W 5.99' 2 1 MERIDIAN, IDAHO83642 PHONE:(208)323-2288 WWW.TO-ENGINEERS.COM EXILE: 250493-V�xhibit.dwg DAiE:1N2If21 JOB:216443 Page 70 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Brodin Subdivision Sanitary Sewer Easement Page 71 ADA COUNTY RECORDER Phil McGrane 2022-011590 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/02/2022 09:14 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0111 Brodin Subdivision SANITARY SEWER EASEMENT TI-11S Easement Agreement, made this 1st day of February 20 22 between Ridgewood Cattle Co. LLC C'Grantor"), and the City of Meridian, an Idaho Municipal Corporation C'Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and Vey AS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in.consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXH113ITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees,brush,or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV,0 1/0 1/2020 i I THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTO . Ridgewo 6 attle Co. LLC Bryah Br din, Managing Member STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on I 14 202 (date) by rvo-n 4' rz�d i r) (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of Q ire 610& &41..Cr (name of entity on behalf of whom record was executed), in the following representative capacity: managing Nle u.bex- (type of authority such as officer or trustee) �P.. .:�b ••. .c• 0i se•'�OTAR y'.p`P�' Notary Signature IComm,20170111 My Commission Expires: f 202 3 Exp.07/17/2023 �? . Sanitary Sewer Easement REV. 01/01/2020 Page 73 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-1-2022 Attest by Chris Johnson, City Clerk 2-1-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-1-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature 3-28-2022 My Commission Expires: Sanitary Sewer Easement REV. 01/01/2020 EXHIBIT A DESCRIPTION FOR BRODIN SUBDIVISION CITY OF MERIDIAN SANITARY SEWER EASEMENT A portion of the W1/2 of the NE1/4 of Section 33, T.3N., RAW., B.M., Ada County, Idaho, more particularly described as follows: Commencing at the N1/4 corner of said Section 33 from which the NE corner of said Section 33 bears South 89046'30" East, 2661.12 feet; thence along the North-South centerline of said Section 33 South 00012'18"West, 1015.25 feet; thence leaving said North-South centerline to a point on the East right-of-way line of Ridgewood Road, said point also being the REAL POINT OF BEGINNING; thence along said East right-of-way line North 00'12'18" East, 22.50 feet thence leaving said East right-of-way line South 62°30'50" East, 234.74 feet; thence continuing South 56'33'13" East, 218.55 feet; thence South 39056'36" East, 265.23 feet; thence South 52000'03" East, 63.09 feet; thence South 68033'39" East, 128.41 feet; thence South 39035'27" East, 185.15 feet; thence South 75032'12" East, 189.19 feet; thence South 65036'51" East, 84.50 feet; thence South 55035'25" East, 143.33 feet; thence South 37008'48" East, 110.56 feet to a point on the East boundary line of said Section 33; thence along said East boundary line South 00019'30"West, 32.87 feet; thence leaving said East boundary line North 37008'48"West, 133.40 feet; thence North 55035'25"West, 138.33 feet; thence North 65036'51"West, 81.01 feet; thence North 75032"2" West, 193.95 feet; Page 1 of 2 thence North 39°35'27" West, 186.47 feet; thence North 68°33'39" West, 126.15 feet; thence North 52°00'03" West, 68.12 feet; thence North 39056'36"West, 264.42 feet; thence North 56033'13"West, 214.58 feet; thence North 62°30'50"West, 223.39 feet to the REAL POINT OF BEGINNING. 7729 M OF VD G.0 Page 2 of 2 a0 N Z p z O N T \ 0 1f \ pa7jD?dull J o C14 r) vi vi Cam! K7 �•�� �' m U7 V) Pi I fl, N a m O WLL D Zo 0 � 4- 3 = a�w (D c o �3 , �C3 o aU D dle Ur � z in CV Oti r W s C) O G / ry m w l w �/ �(OR L C O g Iv CM t t U. (5 td o M COLu mm �mv � u � 5 w f v�o 3 3 3 3 3 3 3 w O W 4L z N N Cr to O r)to - Lo O t(0 7 n = C / In c0 N to M O (O M o �y Q o / ¢ M r M M M O 'n r M r � Q r�r W m b In to 01 M N 0) CO N O p N m � covJ �.. a In c0 M CD u1 n Lo ca z V) ( F / / m z z z z z z z z z z r / Z M Q 01 In M O N tri m u� n a v/ ,� / J Z 00 M [D [O cd .4- 4 M N -i . I 04 J M qQ rn m N cD N [V N N O M i N 6: L W==i / _ N N N N N p Lo U7 r7 w w w w w w w w Li w 3 0 NC � C7 O ir5 (O 17 Ot f� [V In Lip - � coz poomabp!ij S o 'E z 4 CL c w a n m 0 M 0 c, to is w as — •o, W ;� ;� �n o ;� rn ;� ;� � a � a v O i,_, m N cn rn N m a) to to In n n T o 43 m cD If) M 0 cfl r1 h O 0 M N M ai m Q CIl fI) (n in (f1 U} U'S (!7 Ul Sn z C7 O O co _Z n U' N 0 pnp O z mI,rj N W tt' O (V M m J N N N f M f liJ _ p f N 8118lHX3 Page 77 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Frontline Subdivision Private Road Sanitary Sewer and Water Main Easement No. 1 Page 78 ADA COUNTY RECORDER Phil McGrane 2022-011569 BOISEIDAHO Pgs=11 CHE FOWLER 02/02/2022 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0107 Frontline Subdivision Private Road Sanitary Sewer and Water Main Easement SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this 1st day of February 2022 between SCS Brighton 11 UC&SCS Investments U ("Grantor") and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer and water mains over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement REV.0 1/0 1/2020 Item#7. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTOR covenants and agrees with the Grantee that should any part of the right- of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF,the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. END OF TEXT; SIGNATURES TO FOLLOW] Sanitary Sewer and Water Main Easement REV.01/01/2020 Page 80 Item#7. GRANTORS: SCS BRIGHTON II LLC an Idaho limited liability company By: Brighton Corporation,an Idaho corporation, Manager By:- Roberf L. Phillips, President SCS INVESTMENTS LLC an Idaho limited liability company By: t i hael A. Ha4tl l, President STATE OF IDAHO ) SS. County of Ada ) This record was acknowledged before me on January $,2022, by Robert L. Phillips,as the President of Brighton Corporation,an Idaho corporation, manager of SCS Brighton II LLC,an Idaho limited liability company. Notary Public for Idaho My Commission Expires: SHARI VAUGHAN Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1, 2024 Page 81 Item#7. STATE OF IDAHO ) ss. County of Ada ) On this ) day of January, in the year of 2022 , before me a Notary Public of said State, personally appeared Michael A. Hall, known or identified to me to be the President of SCS Investments LLC, the company that executed the instrument or the person who executed the instrument on behalf of said company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. DONNA WILSON COMMISSION#67674 Notary Public for Idaho NOTARY PUBLIC My Commission expires STATE OF IDAHO Page 82 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-1-2022 Attest by Chris Johnson, City Clerk 2-1-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-1-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Residing in Meridian, Idaho Notary for Idaho Sanitary Sewer and Water Main Easement REV.01/01/2020 Item#7. km E N G I N E E R I N G January 12,2022 Project No.20-208 City of Meridian Sewer and Water Easement Legal Description Exhibit A A parcel of land for a City of Meridian Sewer and Water Easement over a portion of Northwest 1/4 of the Northeast 1/4 of Section 14,Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 14,which bears N89.13'12"W a distance of 2,657.79 feet from a found aluminum cap marking the Northeast corner of said Section 14,thence following the northerly line of said Northwest 1/4 of the Northeast 1/4,S89°13'12"E a distance of 951.72 feet; Thence leaving said northerly line,S00°46'48"W a distance of 89.00 feet to the southerly boundary line of a parcel of land as described in Quitclaim Deed per Instrument No.2020-159172 and being the POINT OF BEGINNING. Thence following said southerly boundary line,S89°13'12"E a distance of 20.00 feet; Thence leaving said southerly boundary line,S00°44'44"W a distance of 35.00 feet; Thence S89°13'12"E a distance of 166.60 feet; Thence N01'02'50"E a distance of 35.00 feet to said southerly boundary line; Thence following said southerly boundary line,S89°13'12"E a distance of 20.00 feet; Thence leaving said southerly boundary line,S01°02'50"W a distance of 55.00 feet; Thence N89*13'12"W a distance of 186.50 feet; Thence S00'44'44"W a distance of 2.37 feet; Thence N89°13'12"W a distance of 44.40 feet; Thence S00°46'48"W a distance of 18.65 feet; Thence S89°02'51"E a distance of 10.10 feet; Thence S00°57'09"W a distance of 10.00 feet; Thence N89°02'51"W a distance of 10.07 feet; Thence S00°46'48"W a distance of 101.14 feet; Thence S89°13'12"E a distance of 37.11 feet; Thence S00°46'48"W a distance of 20.00 feet; Thence N89°13'12"W a distance of 37.11 feet; Thence 500'46'48"W a distance of 105.42 feet; Thence 589'02'10"E a distance of 9.44 feet; Thence 500'57'50"W a distance of 10.00 feet; Thence N89°02'10"W a distance of 9.41 feet; Thence S00°46'48"W a distance of 23.71 feet; Thence S89°13'12"E a distance of 37.11 feet; Thence S00°46'48"W a distance of 20.00 feet; Thence N89°13'12"W a distance of 37.11 feet; Thence S00°46'48"W a distance of 22.28 feet; Thence 545°46'48"W a distance of 26.33 feet; Thence S68°16'48"W a distance of 69.18 feet; Thence N89°13'12"W a distance of 510.34 feet; 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Page 84 Item#7. I i i Thence N00°46'48"E a distance of 20.00 feet; Thence S89°13'12"E a distance of 72.94 feet; Thence N00'46'48"E a distance of 9.51 feet; Thence S89°13'12"E a distance of 10.00 feet; Thence S00°46'48"W a distance of 9.51 feet; Thence S89°13'12"E a distance of 100.97 feet; Thence N00°46'48"E a distance of 37.46 feet; Thence S89°13'12"E a distance of 20.00 feet; Thence S00"4648"W a distance of 37.46 feet; Thence S89°13'12"E a distance of 170.47 feet; Thence N00°43'13"E a distance of 9.40 feet; Thence S89°16'47"E a distance of 10.00 feet; Thence S00°43'13"W a distance of 9.41 feet; Thence S89'13'12"E a distance of 121.98 feet; Thence N68°16'48"E a distance of 35.09 feet; Thence N45°46'48"E a distance of 34.07 feet; Thence N00`46'48"E a distance of 168.98 feet; Thence N89'13'12"W a distance of 38.72 feet; Thence N00°46'48"E a distance of 20.00 feet; Thence S89°13'12"E a distance of 38.72 feet; Thence N00'46'48"E a distance of 132.16 feet; Thence N89'13'12"W a distance of 38.72 feet, Thence N00'46'48"E a distance of 20.00 feet; Thence S89'13'12"E a distance of 38.72 feet; Thence N00°46'48"E a distance of 7.63 feet; Thence S89`13'12"E a distance of 54.39 feet; Thence N00°44'44"E a distance of 27.37 feet to the POINT OF BEGINNING. Said parcel contains 0.763 acres(33,243 square feet),more or less,and is subject to all existing easements and/or rights-of-way of record or implied. All subdivisions,deeds,records of surveys,and other instruments of record referenced herein are recorded documents of the county in which these described lands are situated in. Attached hereto is Exhibit B and by this reference is made a part hereof. 5����ENSFD SG�G 16662 s �o Y K F- 1-12-2022 I PAGE 2 FPg,85 Item#7. \CAD\SURVEY\EXHIBITS\20-208 SEWER&WATER EASEMENT.DWG,BILL HYNSON,1/12/2022,DWG TO PDF.PC3,O8.SX11 L[PDF] N f� Ln z -U F c� z �L42� z o 4h�I Irp� o m N00°46'48"E 132.16' I I W o z m M> ----- --- ------i� o I � z m I I M I m r �z Ir —z (.0 z I z D m N m�S00'46'48"W 101.14' �L88� ��" I z c� co LA N I 1 Ln T r'j� r I,V I F— — S)0.46'48"W ro 'a I 89.00' (TIE) rn T I Iro L2 I � c Q 91 J W o rn I I 01 p b co I I � • cn I I�, 100 l o l I 00 M � I I I c I I LN w I I, C I N 7-1 N I I rq z co I � I 0 I IQ o of I I I : `I I PR I I N M I I L3 N Cn L5— I o0 No ��a9y N p��o � N 0 N Linder Rd.� W N u m = o rn > C N Z Exhibit B 0 20 z � � y .. - City of Meridian Sewer and Water Easement 3 o" z w y o m p a p n '171 w Situated in a portion of the Northwest 1/4 of the Northeast 1/4 of Section 14, ww-� — ° D z o Township 3 North, Range 1 West, B.M., City of Meridian, Ada County, ID N Page 86 Item#7. \CAD\SURVEY\EXHIBITS\20-208 SEWER&WATER EASEMENT.DWG,BILL HYNSON,1/12/2022,DWG TO PDF.PC3,08.5Xi1 L IPDFJ MATCH LINE SEE SHEET 3 I I I0 p `D o ^�� a�5 IN ►� o C� z I r<' m o o !V O~' o Z I I 1 G) N ��P ,yo o`' 00 I I O wl IV W I I I D ® o ao Cn I 10 (Ac �' a 000 m > o IcD < g > z =1 c z N Z Z D Z r IW -1 r m r � m r m r z o o z m z m o c O I I rn m a z K Chi A C) p N r Do G I I z I Iw m I I o i?L3� I r-I II— ��\ 00 I I a D \ \ N00°46'48"E 168.98' I 1 N00°46'43'E 132.16'I= \ �———— — ————— — ————— —— z m 22 I rL18--r�> a ;,----- -I� - -- - , M j S00 46 48 W 105.42 I �S00 46 48 W 101 .141= NI I � ;I I� � L2 0 °' � 3- m v o Z = ° Exhibit B ooze 0 - City of Meridian Sewer and Water Easement = z O T7 3 w Situated in a portion of the Northwest 1/4 of the Northeast 1/4 of Section 14, ww< — D z o Township 3 North, Range 1 West, B.M., City of Meridian, Ada County, ID c� Page 87 Item#7. \CAD\5URVEY\EXHIBIT5\20-208 SEWER&WATER EA5EMENT.DWG,BILL HYNSON,1/12/2022,DWG TO PDF.PC3,08.5X11 L[PDF] L25.�y T E j j � r 00 J (n UI � W N — p cr0 Oro v Or) Crn � CC4 N E rn I I o z (n Ln z o o z (n Ln (n z Ul (n U) z Ln (n 00 MO O C7 c�D. O O Oco 00 J O 00 r 41 _ _ m IN O (P a 4- O ON .p _: O Gi CIi W rn r 00 O O O N O N c0 Co N -P O N O N D r m NJ J O CO N W N (n N W W N in C,i O J O J O O O Oo -p_oCNwn IIII I IIIi m_tWv r O IC—J (C�nn (cWOno Dr__4r11 z O J O Ln O O O Om � tQ C4 CA r CA W W W N N N N N N N 01 Cn 4P W -4 CA N — O C'D Zm z (/) (A Z Zn n Z N Z LQ (A n Z O E � � o OD tIR U W 0) L4 n Wm M AOCn O rz rrl W I I O 41 O W -- W (b N 0 O41 Oo N O N Oo 00 00 W N b N G) D r*i r*i M ri � m rr rri rri Ri co LO r W W N W —' J N 6) N N W N W to L30 W O J O J O O O N O c0 P N J O J D z rn O 0) O O Oo L4 00 O n CN m I L32 I00 r I(D 0 W W () U -P, C'4 N) O (0 00 z J m I Iw O (/) 0Z 0Z Z ODD O 00 O 000 000 O 03 4, W r IN 41 � W °? W CII W W Ln W rn rzn Ir' U -P N Cb N O N N O N 6 D I IO m � N UI W N W W N W W �[ Cnio O J 4. M O 00 M O OD 41 — D p J CWO CA N O N N O N pJ n CD m Z 133HS 33S 3NII HO1bW PR 0 �''� a1Ca 'o O7 m r No a9 N on' o N F� y0 80�3r rn N 's °n N Z = ° Exhibit B oozes m 3mm° - W:.� City of Meridian Sewer and Water Easement J N()=Z O °—Wagrn a =n TI O o 'P w A w Situated in a portion of the Northwest 1/4 of the Northeast 1/4 of Section 14, D z o Township 3 North, Range 1 West, B.M., City of Meridian, Ada County, ID � N OD N Page 88 Item#7. s 166.60 9 sa§9f30,y�e�w 186.50 � 6 :t, o-o 0 e59 14� 3 Y C4 vQ d; 0 06 10 o O O C.a R 37 ?S �^ 72.94 100.97 170.47 121.98 q0 gac a09^13ir� se9^I312^e n89°ls' 218'12"e s89°13']2"e sepal 510.34 Title: Date: 01-11-2022 Scale: 1 inch= 150 feet File: Tract 1: 0.763 Acres: 33243 Sq Feet:Closure=n36.1509e 0.00 Feet: Precision>1/999999: Perimeter=2983 Feet 001=s89.1312e 20.00 020=s00.5750w 10.00 039=s89.1312e 170.47 002=s00.4444w 35.00 021=n89.0210w 9.41 040=n00.4313e 9.40 003=s89.1312e 166.60 022=s00.4648w 23.71 041=s89.1647e 10.00 004=n01.0250e 35.00 023=s89.1312e 37.11 042=s00.4313w 9.41 005=s89.1312e 20.00 024=s00.4648w 20.00 043=s89.1312e 121.98 006=s01.0250w 55.00 025=n89.1312w 37.11 044=n68.1648e 35.09 007=n89.1312w 186.50 026=s00.4648w 22.28 045=n45.4648e 34.07 008=s00.4444w 2.37 027=s45.4648w 26.33 046=n00.4648e 168.98 009=n89.1312w 44.40 028=s68.1648w 69.18 047=n89.1312w 38.72 010=s00.4648w 18.65 029=n89.1312w 510.34 048=100.4648e 20.00 011=s89.0251e 10.10 030=n00.4648e 20.00 049=s89.1312e 38.72 012=s00.5709w 10.00 03 1=s89.1312e 72.94 050=n00.4648e 132.16 013=n89.0251w 10.07 032=n00.4648e 9.51 051=1i89.1312w 38.72 014=s00.4648w 101.14 033=s89.1312e 10.00 052=n00.4648e 20.00 015=s89.1312e 37.11 034=s00.4648w 9.51 053=s89.1312e 38.72 016=s00.4648w 20.00 035=s89.1312e 100.97 054=n00.4648e 7.63 017=n89.1312w 37.11 036=n00.4648e 37.46 055=s89.1312e 54.39 018=s00.4648w 105.42 037=s89.1312e 20.00 056=n00.4444e 27.37 019=s89.0210e 9.44 038=s00.4648w 37.46 Page 89 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Frontline Subdivision Storage Facility Sanitary Sewer Easement No. 1 Page 90 ADA COUNTY RECORDER Phil McGrane 2022-011637 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 02/02/2022 10:12 AM CITY OF MERIDIAN, IDAHO NO FEE ESMT-2022-0108 Frontline Subdivision Storage Facility Sanitary Sewer Easement No, I SANITARY SEWER EASEMENT THIS Easement Agreement, made this 1 St day of February, 20 22 between SCS Brighton H LLC ("Grantor"),and the City of Meridian,an Idaho Municipal Corporation ("Grantee"); WHEREAS,the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE, in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer their allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. THE GRANTOR covenants and agrees that Grantor will not place or allow to be placed any permanent structures,trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. Sanitary Sewer Easement REV.01/01/2020 THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives,purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: SCS BRIGHTON II LLC By:Brighton Corpo ti , an Idaho corporation,Manager Robert L.PhillipsfrLid&t STATE OF IDAHO ) ) ss County of Ada ) On this 19 day of January, 2022, before me a Notary Public of said State, personally appeared Robert L. Phillips,known or identified to me to be the President of Brighton Corporation,the Manager of SCS Brighton II LLC,the Company that executed the instrument or the person who executed the instrument on behalf of said Company,and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed by official seal the day and year in this certificate first above written. (stamp) LL Notary Signature My Commission Expires: SHARIVAUGHAN Notary Public-State of Idaho Commission Number 20181002 My Commission Expires Jun 1,2024 Sanitary Sewer Easement REV.01/01/2020 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-1-2022 Attest by Chris Johnson, City Clerk 2-1-2022 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-1-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires: 3-28-2022 Sanitary Sewer Easement REV.01/01/2020 Item#8. km E N G I N E E R I N G January 12,2022 Project No.20-208 Sewer Line Easement Legal Description Exhibit A A parcel of land for a Sewer Line Easement over a portion of Northwest 1/4 of the Northeast 1/4 of Section 14, Township 3 North, Range 1 West, Boise Meridian,City of Meridian,Ada County, Idaho and being more particularly described as follows: Commencing at a found aluminum cap marking the North 1/4 corner of said Section 14,which bears N89°13'12"W a distance of 2,657.79 feet from a found aluminum cap marking the Northeast corner of said Section 14,thence following the northerly line of said Northwest 1/4 of the Northeast 1/4,S89°13'12"E a distance of 916.14 feet; Thence leaving said northerly line,S00°46'48"W a distance of 488.77 feet to the POINT OF BEGINNING. Thence S07°32'35"E a distance of 63.05 feet; Thence N89°13'12"W a distance of 10.11 feet; Thence N07°32'35"W a distance of 54.92 feet; Thence N68°16'48"E a distance of 1.65 feet; Thence N45°46'48"E a distance of 10.48 feet to the POINT OF BEGINNING. Said parcel contains 587 square feet, more or less,and is subject to all existing easements and/or rights-of-way of record or implied. Attached hereto is Exhibit B and by this reference is made a part hereof. N1- LANDS o� ENS£'o GP< 0 �o �9T OF \OPT �<< KV- -12-2022 5725 North Discovery Way • Boise, Idaho 83713 • 208.639.6939 • kmengllp.com Page 94 Item#8. \CAD\SURVEY\EXHIBITS\20-208 SEWER LINE EASENIENT.DWG,BILL HYNSON,1/1 2120 2 2,DWG TO PDE.PC3,08.5X11 L JPDE] I-� r_ I' W N z m z z Z F- P 13 D --I Z O O ZI rn rn W :;U m p= Z p w 00 N D \M M M : 1 41 O m n O o O -NI Z Z N j � m m � _ W �z6'1�S M. CA I CA � � j S00'46'48"W � f zC eL0s 488.77' CID ;P�- — —�- i J Q O J Cn� . z rnl Ut O0 CO • m O , z z z I ' m M Z O I � P ^�'��a�s ! �y I o z 0 W N o a O En Np 2 o N On' o c �' 'Mn a o M--A qy0 �� < M o 0 o (D 2!0 z Z 5 > zm r*I r Z 0 z m o c °' Linder Rd. m m s D Z Exhibit B ooZ � M m _ Sewer Line Easement � .. co oo,yom Q v"=n -n N 2 Situated in a portion of the Northwest 1/4 of the Northeast 1/4 of Section 14, ww<— Township 3 North, Range 1 West, B.M., City of Meridian, Ada County, ID N Page 95 Oa gti T'. Id n89013'12"w 10.11 Title: Date: 0 1-11-2022 Scale: finch= 10 feet File: Tract]: 0.013Acres: 587 Sq Feet:Closure=n34.2001w 0.00 Feet: Precision=1/46528: Perimeter=140 Feet 001=s07.3235c 63.05 003=n07.3235w 54.92 005=n45.4648e 10.48 002=n89.1312w 10.11 004=n68.1648e 1.65 7/tem 77 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: The Oaks North Subdivision No. 9 Full Release of Sanitary Sewer and Water Main Easement Page 97 ADA COUNTY RECORDER Phil McGrane 2022-011608 BOISE IDAHO Pgs=2 CHE FOWLER 02/02/2022 09:42 AM CITY OF MERIDIAN, IDAHO NO FEE ADA COUNTY RECORDER Phil McGrane 2022-011521 BOISE IDAHO Pgs=1 BONNIE OBERBILLIG 02/02/2022 08:03 AM CITY OF MERIDIAN,IDAHO NO FEE ESMT-2022-0110 The Oaks North Subdivision No. 9 RE-Record to fix error in Instrument Number FULL RELEASE OF EASEMENT TYPE OF EASEMENT BEING RELEASED: Sanitary Sewer and Water Main Easement GRANTEE: CITY OF MERIDIAN GRANTOR: Toll Southwest LLC. INCLUDING SUCCESSORS AND ASSIGNS (Corrected Instrument Number 2021-152775) WHEREAS, by easement dated October 19 1 2021 and recorded as Instrument Number 20-21-15-'T775- in the records of Ada County, State of Idaho, an easement of the type and nature set forth in the above-captioned title was granted to the City of Meridian, an Idaho Municipal Corporation, over and across the real property legally described therein. WHEREAS,the continuance of this easement is no longer necessary or desirable. NOW, THEREFORE, in consideration of the premises, the said City of Meridian does hereby vacate, relinquish, release and abandon the said rights and easements bereinabove referred to and described,with the intent that the same shall forthwith cease and be extinguished. IN WITNESS WHEREOF, THE CITY OF MERIDIAN has caused these presents to be executed by its proper officers thereunto duly authorized this 1st day of February 20 22 CITY OF MERIDIAN Rober E. Sums ar" -1-2022 Cjlt .�< SEAT. Attest by Ch s Johnson, City Cleric 2-1-2022 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-1-2022 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. -10 COMMISSION#67390 NOTARY PUBLIC Notary Signature STATE OF IDAHO ( M Commission Expires: 3-28-2022 rwYCOMMISSION PES=122 Y 1� Version 01/01/2020 Item#10. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for Victory Commons No. 2 (FP-2021-0054) by BVA Development, Located Near the Northeast Corner of S. Meridian Rd. and E. Victory Rd. Page 99 Item#10. E IDIAN:--- IDAHO MEMO TO CITY COUNCIL Staff Contact:Alan Tiefenbach Meeting Date: February 1, 2022 Topic: Final Plat for Victory Commons No. 2 (FP-2021-0054) by BVA Development, Located Near the Northeast Corner of S. Meridian Rd. and E.Victory Rd. Request: Final plat consisting of nine (9) building lots on 12.22 acres of land in the C-G zoning district. Information Resources: Click Here for Application Materials Page 100 Item#10. STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING 2/1/2022 Legend e DATE: 0 IProje�t Laca�iar. TO: Mayor&City Council FROM: Alan Tiefenbach,Associate Planner 208-489-0573 SUBJECT: H-2021-0054 Victory Commons Final Plat No 2 LOCATION: The site is located at 130 E.Victory Rd. and 2976 S. Meridian Rd.,in the BE southwest'/4 of Section 19,T.3N. R.IE. -� r I. PROJECT DESCRIPTION Final Plat consisting of 9 commercial lots on 12.22 acres in the C-G zoning district. This is the second of two phases,with a total of 12 lots. II. APPLICANT INFORMATION A. Applicant/Owner Kuna Victory,LLC—901 Pier View Dr., Suite#210,Idaho Falls, ID 83402 B. Representative: BVA Development,2775 W.Navigator Dr., Suite#220,Meridian ID 83642 III. STAFF ANALYSIS The preliminary plat for this development was approved by City Council on June 9,2020. The preliminary plat consisted of 12 commercial lots on 16.74 acres, several of which already include buildings presently under construction including an urgent care, flex building and a paint store.Final Plat No 1,consisting of 4 acres,was approved by the Council on September 8,2020. This is the second phase consisting of 9 lots. Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat in accord with the requirements listed in UDC 11-613-3C.2. All development shall comply with the dimensional standards listed in UDC Table 11-2B-3 for the C-G zoning district as well as Development Agreement#2019-119405. Page 1 Page 101 Item#10. Lot 4, Block 1 was initially part of the Victory Commons Phase One Plat. The applicant has reconfigured this lot and incorporated it into Victory Commons Phase No. 2. Other than this, staff finds the size and configuration of the nine lots is consistent with the approved preliminary plat, therefore staff finds the proposed final plat is in substantial compliance with the approved preliminary plat as required. A condition of approval of the preliminary plat was that prior to signature on the final plat for this phase,the applicant shall grant cross access to parcels#R5915720030,R5915720042 and R6242270030(parcels to the south and east of the property). The applicant submitted recorded access easements to all three of these properties,but only the access easement to Parcel R6242270030(500 E. Victory Rd) is shown on the plat. The plat should be revised to show access easements to the other two properties. A 25' wide buffer is required to be installed along E. Victory Rd prior to occupancy of the first structure per the development agreement. It does not appear this buffer has been completed but a surety has been approved for the improvement. There is also a 35' landscape buffer required along S. Meridian Rd,an entryway corridor. This buffer also does not appear to be completed. The applicant shall be required to obtain a ROW license agreement from ITD to install and maintain this buffer prior to signature on the final plat. IV. DECISION Staff recommends approval of the proposed final plat within the conditions noted in Section VI of this report. Page 2 Page 102 Item#10. V. EXHIBITS A. Preliminary Plat(date: 11/20/19) rn — +' I t z oo I oil ~ 6 g i m x ? t ` W — 1 1 a 3 co S } Eg _SlAMY2YW 2F6La_� I I �� � ! �N L v g }u y ti 1 a H CKCg tr �9 's I f----�— --------- � ��se I a _. ----=-------W I' r. g I I # >• 4�i �° I1 I I I �f �R y it9 —m Ell Page 3 Page 103 Item#10. C. Final Plat(date: 7/03/2021) VICTORY CCMMaO SUBDMSION NO .2 A RE—SUBDIVISION OF PORRONS OF LOTS I, 2, AND 4, BLOCK 1, OF MUSSEL CO, SUBDIVISION, ALSO A RE—SUBDIVISION OF LOT 4 BLOCK 1 OF VICTORY COMMONS SIDE NU 1, ALSO BEING A POR77ON OF PARCEL A" OF RECORD OF SURVEY NO. 12282. LO A POR77ON OF GOVERNMENT LOT 4, SECTION 19, TOWSHIP 3 NOR7H, RANGE 1 EAS7 BOISE MEROON, CITY OF MERIDIAN, ADA COUNTY, OAHO —2021— l i' S5g PAS T3� r .1 � its• ;. 1- / 4 4 / f Line Ta INK �h �/�t\ 1 ti ♦ I Line M Lenlpl f ti LJ .lL. P.L.3.1 4 p PLS.1Blt3l 1` Q7. r 0 BO 1W p.53'R-2J L1 51.53' ti ` �?, `I r ----.` {SO.O3'ft-2J L2 59.03' SCALE P=W L3 17-16 8 LOT 1.BI_f.E1[t dF— , d P.L&19 I `sy p P214'0?-2J LA 32.16' I' r"f�vc7anv c�rrorm � 1 � Q $ 4t.eaxt N21 , ; ti l6I f� %`fit- fr+�'R-21 IS 21.53' l}� h .I P.LB.B4B d� ti. ` ! r�l�� fTd52'K2J L5 18.5T V [ r' PLS.19690 ~ IIIo, /•- 1` lJ \ h f — — &fig — — }'-''' 1 KEY NOTE# LS'\\55 22 l THIS SUE]Dr CLISENNEDY LATERAL{PER MUSSEL CORNER %OWSION) �3)BIhTEEN AN I: `� : NWAT 17'E .BS' •\ m 47••� MAINTAINEI —11CL32' '7453' FIVE{5'f F6 BLOCK I7 �,7 'Q `S} ASSIGNS. ti _ —PLSBLW G L2 JgPL T . 4 4 15 CROSSACC 1y i — L4 1fi RCHO STOF ti r3 a h P.L8.r316 �9%, dp p O .�3 17 YEN{1PIFC "`r�111wwg" w F�`I r� L I f ITT 3,eLaclf, —PLS�11120 8 iNIR7Y(3T y, 9 8�i.988EL P,L$,TLiI �OISTAICI Fr /Z � �� � SEE OETAIL'A'/ 'ry f )E%1571N6 9 ' T0.20B1A'Fll11.MNW { z o I- p �ifl ;L F POND EASEIXDN1€- tI 7S1 N '4711E CRT OF ME& .G L N69'42'17E42764 :P.9FA'aZ,18199 S24 3-19 \ b 12035 27124' 1E4.41' i a CRT OF ME ��CiT I i CRT OF ME CrFY OF ME —--------------------------------� P.LS.B3B0`=- 68°N4"23'YV �L3.T916 ul 11 �i 12 F�� YEN iicro FC SAIBOMSIO Lu Q' S 4— —1 !t S89:16171 W ' w 65.68' a 3 j P 2� 22282 — 1B12T �5021Y —216.-0e'Access easement oP�L7dt�—'— T� __ •��+� '6 q S89'4T7 7'1M1+833.35 PIS.soap ti t633.36'R,2J 1I� NO'2 41kW Pag must be shown to 46D6 (!I&7',�iP3i'E r790.37'R-rJ . this lot M69YT 17E I}5@.4S E-VICTORY ROAD Cross access IS sr.rx1ae134Tx Cum Table shown here BASIS OF BEARINGS: curia a _c,1 RaW6 DeM CWW DIemm CrMa Laxpl 277` THE BASIS OF BEAFUNGS FOR TIES SURVEY IG TH'_W E'�T 15OUNDARY OF GOYEWIME NT LOT SudE 4,7ANEN AS NCO'3B'3fiE PER FECDRDOF SJR4EY 912,282.BEARINGS ARE GRID, Cl 4032'1 655.03'1 3.31.3r S48.5943'E 4032' McIN Page 4 Page 104 Item#10. D. Final Plat Landscape Plan North(date: 7/28/2020) r.• 5 TREE MMGAnON NOTES PLANT SCHEDULE mE—1,raTra m x xTur.Ti ina IN—-ffl—€W MI— .. Qi< /muu[ry x,uc WiE �. ^�, �, f-R � FMr 11£tl1E I�•%ER nx r4r,} r,Ecn� sa gownww coumarorcue cri asx [i1 3'r'dL IE 15rE x�y11Gll E04rfP1 wrn%uoPw �IEEuIINarinu Tw ye,nm uR�C,Rf rmELr7 (I)a 4P (xrll"+1rICN r{u NCr+'R/ S' � � s [51 a c�wr'f�lnY#RRFAW+rec+rn,f11GTlor a[C4r9"q� ,S`� r7 r.m nrarad cri esx ST�raCE i wpE S. �>;. •.-\, [�.a c Icr�+na/V^iC x01'/riFirr:u a4"RRnR ds••� _ �by-,I !�, (,,3 f pY2wP+i0 uIRGPon xfW[c] O out� +mn wpw cri esx .hY• r °�.1.. �.' rnk rww.nd,s5 IEou�]NR xn�snm- a cu Ee rer¢ ,�' 44 �-R '� x. .uc f51/[omonu+Y[.x EeR ffD�TRE[8 OT' 6onwkae I Wuupi xwc BRE Wlr£RWIrWEa rW�TEN w.i�[ry 5 a[sus ix n4.cortgwi 61w�,bePdorcww eke \. ��'.•;��. t GENERAL IRRIGATION NOTES-AEENCTSUBMITTILL R ° "V ° s we y , mtr9[K r,E cEw..'w ,5 Mmn rc 9'�'6tB rsH112 nnxxs� � rxe ex.e erg ra /i�/�� r2w.riseuri TM[iwrn:uuH mHm fWRAne rl� mi Ef1r+nIGL!Wu'xbv rwE Lic :.fn.Eu :arc xxrncH s,sa RE rc5cdm m enm,EE a raruHe°m'-0 \ f«E x.sRv,Tarr,,.t,cuiA:o'..alr w,x xE,n m,en cu,xae , i � r ` 9RW�xox Tayr.r:iMx vvgx:.s.mxmRN1E � Ew efirmm uRiR�S WnxN[id—xNimmcxtswu\`\ Hur wreNrn ue e'Pvinnre CN.MI hwtnrc cme peN NkH uRRcl/Euwi ia[aH.S[VL xE gxi.flEP'�M'R rIC/E � unh emrrxe"w•romt' mbe awun w..rEa— . a•�• -. aREs aua°.aassr sxr'n°s�cc�wu.s on mrul ser r muurw wrc / •;.�.� \ �\ ...N3 of,n.YS xeyw!d•m.WI b.�wlgr IANDSGAPE LLGEIa eaux { rxmxc rREEs m ff u • w i oil :\ r •" �,,, \ \ DEVELOPER LANDSCAPEMICNITECT JZ,'' -E LANOBDAPE GLGLLAMNM T/iBLB A. LF.RIDNfALE BUFFER WOTX IOF 1EiB � � 4) WG@C'APE REdI1f9Blf& n i I I\ � � .`.1 ._� . ,.\ _ �L.. \. ...... P �� KEM°TES E I I Es9Prs Q Y vMi r.i1 �u oYi3'rruiR�i`�x REFFup.GE�i.i Es-rno'au�°"isw, ;� �� 22 E kPvc fEri.E iP r LANI)SCAPE PLAN-AREA DNE P&ak I'•EO'-0' Page 5 Page 105 Item#10. E. Final Plat Landscape Plan(E. Victory Rd(date: 7/28/2020) �-- - �- -� -�-r—---- - :�+n.r------- -- -- --��- -------- r' a. - RNSETMtl � - f Icy, I � II rMOTA FAWr rewtcr »usE xu I r' � nar�e�wza��+sava�r ,I i I I 1 nnr�oFncsw+aacr I 77 E.lRCrOkY R0. LANDSCAPE P-N-AREAiWO �V-30& Page 6 Page 106 Item#10. VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. All development shall comply with the terms of the approved preliminary plat(H-2019- 0150),Development Agreement(Inst. 2019-119405)and any future amendments to that agreement as applicable. 2. Direct lot access is prohibited to S. Meridian Road and E. Victory Road. 3. Prior to signature on the plat,the applicant shall show on the plat recorded cross agreements or add a plat note that grants cross access to parcels#R5915720030 and R5915720042 in accord with the amended development agreement. 4. The 25-foot wide landscape buffer along E.Victory Road shall be completed prior to occupancy of the first structure in accord with the amended development agreement. The landscape buffer shall be installed in accord with UDC 11-3B-7C. 5. The 35-foot wide landscape buffer along S. Meridian Rd shall be completed prior to occupancy of the first structure. The landscape buffer shall be installed in accord with UDC 11-3B-7C. 6. The landscape plan prepared by Baer Design Group, dated 7/28/2020, is approved as submitted. 7. The final plat prepared by Ron Wright,Horrocks Engineers, dated 7/03/2121 is approved with the following comments: a. Notes#15, 20,2,23 and 24—insert instrument numbers. b. Landscape buffer along E. Victory Rd shall be on a common lot or on a permanent dedicated buffer,maintained by the property owner or business owners'association per UDC 11-3B-7. 8. If the City Engineer's signature has not been obtained on the final plat within two(2)years of the City Council's approval of the subject preliminary plat(June 23,2022),the preliminary plat shall become null and void unless a time extension is obtained as set forth in UDC 1I- 6B-7. 9. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 10. All future structures constructed within the development shall to comply with the elevations in the amended development agreement,the design standards listed in UDC 11-3A-19 and those in the Architectural Standards Manual. 11. Certificate of Zoning Compliance and Administrative Design Review applications are required to be submitted to the Planning Division for approval of all future buildings on the site prior to applying for a building permit. Page 7 Page 107 Item#10. B. Public Works SITE SPECIFIC CONDITIONS: 1. The bottom of structural footing shall be set a minimum of 12-inches above the highest established normal ground water elevation. 2. After consultation with the applicant regarding the Geo Technical investigation, it is highly recommended that slab on grade foundations be installed within this development to avoid any groundwater intrusion. 3. Sanitary sewer mains outside of right-of-way need a 20-foot-wide easement for sewer depths 0 to 15 feet, 30-foot-wide for sewer depths 16 to 20 feet, and 40-foot-wide for depths greater than 20 feet. 4. Right-of-way lines should be clearly marked on the plan sheet. 5. It is unclear if the existing 8-inch sewer stub from Victory Road is intended to be private or public main. If private,the manhole lid shall be labelled"private"and the plan set should indicate that the main is private. 6. Sewer mains must end in a manhole with the last run being a minimum 0.60 percent slope. 7. Sewer mains must have a minimum 3 foot of cover, manhole SSMH-4 does not meet this requirement. GENERAL CONDITIONS: 1. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision; applicant shall coordinate main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 3. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the applicant shall provide a written certificate of completion as set forth in UDC 11-313-14A. 5. A letter of credit or cash surety in the amount of 110%will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 6. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature.This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City Page 8 Page 108 Item#10. of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must rile an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health improvements,prior to City Engineer signature on the final plat and/or prior to occupancy,a surety agreement may be approved as set forth in UDC 11-5C-3C. 9. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 10. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 11. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 12. Developer shall coordinate mailbox locations with the Meridian Post Office. 13. All grading of the site shall be performed in conformance with MCC 11-14B. 14. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 15. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 16. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans.This certification will be required before a certificate of occupancy is issued for any structures within the project. 17. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 18. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 19. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of Page 9 Page 109 Item#10. way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility,or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works),a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x 11" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed,and approved prior to signature of the final plat by the City Engineer. 20. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 21. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development, and if so, how they will continue to be used, or provide record of their abandonment. 22. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 10 Page 110 Item#11. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Findings of Fact, Conclusions of Law for Fast Eddy's at Eagle (H-2021-0068) by Steve Eddy, Located at 3775 N. Eagle Rd. Page 111 CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW C�f[EFI DIAN AND DECISION& ORDER In the Matter of the Request for a Modification to the Existing Development Agreement(H-2018- 0006-Inst.#2018-042029)to Remove the Requirement for a Driveway to be Constructed and a Cross-Access/Ingress-Egress Easement Provided to the Adjacent Property to the North(Parcel #R4582530202, 13984 W.Jasmine Ln.),by Fast Eddy's. Case No(s).H-2021-0068 For the City Council Hearing Dates of. November 23 and 30,2021 and January 18, 2022 (Findings on February 1,2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of January 18, 2022, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of January 18,2022, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of January 18, 2022, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of January 18,2022,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019, Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the Community Development Department,the Public Works Department and any affected party requesting notice. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FAST EDDY'S AT EAGLE-MDA H-2021-0068 - 1 - Item#11. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of January 18,2022, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's request for a modification to the Development Agreement is hereby approved as modified by City Council during the hearing on January 18, 2022. D. Notice of Applicable Time Limits Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52,Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of January 18,2022 FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FAST EDDY'S AT EAGLE—MDA H-2021-0068 -2- Page 113 By action of the City Council at its regular meeting held on the 1st day of February 2022. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert E. Simison 2-1-2022 Attest: Chris Johnson 2-1-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 2-1-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR FAST EDDY'S AT EAGLE-MDA H-2021-0068 -3- EXHIBIT A STAFF REPORTC�,WEIIDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 1/18/2022 Legend -, g DATE: R.- �..+J � Continuedfrom: 1112312021 ( j i Lfllo„ m I Decision issued on 11/30/21 but had to be re-heard by Council due to public LTD hearing notice error. RUT ' TO: Mayor&City Council m 1 FROAM: Sonya Allen,Associate Planner ffigR-8 R= 208-884-5533 SUBJECT: H-2021-0068 -H RUT R- -C Fast Eddy's at Eagle AR-1 8 R ' R1 R_8 LOCATION: 3775 N. Eagle Rd.,in the SE 1/4 of 8 .1 R_. 5 Section 32,Township 4N.,Range 1E. RUT R1 R-8 RUT � '� R R-= I. PROJECT DESCRIPTION Modification to the existing Development Agreement(H-2018-0006-Inst. #2018-042029)to remove the requirement for the driveway along the west side of the retail store to be extended to the north property boundary for future extension and interconnectivity in accord with UDC 11-3A-3A; and a cross-access/ingress-egress easement to be provided to the property to the north(Parcel #R4582530202, 13984 W.Jasmine Ln.). II. SUMMARY OF REPORT A. Applicant: Steve Eddy,Fast Eddy's—2151 N. Greenview Ct.,Eagle, ID 83616 B. Owner: Same as Applicant C. Representative: Same as Applicant III. NOTICING City Council Posting Date Notification published in newspaper 11/7/2021 Notification mailed to property owners within 300 feet 10/27/21 & 11/4/21 Page 1 Item#11. EXHIBIT A Applicant posted public hearing notice on site 1/5/2022 Nextdoor posting 11/5/2021 IV. STAFF ANALYSIS The UDC (11-3A-3A.2) requires cross-access easements to be granted to adjoining properties where access to a local street is not available unless otherwise waived by City Council.The abutting property to the north fronts on a state highway(N. Eagle Rd./SH-55)and does not have access via a local street. Thus,the reason the driveway access and easement were required.Without this access,the undeveloped parcel to the north would have no access other than the state highway until such time as the property to the west (i.e. Delano Subdivision) develops, which granted a cross-access easement to them through their multi-family development for access via the future extension of N. Centrepoint Way. The driveway was required to be constructed and an access easement granted with development of this site prior to issuance of the first Certificate of Occupancy(see provisions in Section V). The Applicant did not wish to construct the driveway or provide an access easement at that time so the Planning Division recommended the Applicant apply for an amendment to the DA to remove the requirements. A temporary Certificate of Occupancy was issued in order for the Applicant to apply for an amendment, which has since expired. The Applicant proposes to meet with the property owner to the north at the time of development to see if it makes sense to both of them to install an access at that time. Note:An assisted living facility was approved to develop on the abutting property to the north through a Conditional Use Permit(CAR20- 00004 &PUD20-00008)for a Planned Residential Development in the City of Boise. This approval will expire on March 9, 2022 if a building permit hasn't been obtained by that time; or unless a time extension is approved. The site plan approved with the PUD depicts a driveway access to this site for cross-access/ingress-egress. Because this is a UDC requirement, Staff cannot waive the requirement and therefore, cannot support the request. The UDC does allow for a Council waiver to this standard if deemed appropriate by City Council. V. DECISION A. Staff: Staff recommends denial of the modification to the DA as proposed;however,City Council has the authority to waive the requirement in UDC 11-3A-3A.2 and approve the Applicant's request if they deem appropriate. Page 2 Page 116 Item#11. EXHIBIT A VI. EXISTING DEVELOPMENT AGREEMENT PROVISIONS PROPOSED TO BE REMOVED: 5.1 d. The driveway along the west side of the retail store shall extend to the north property boundary for future extension and interconnectivity in accord with UDC 11-3A-3A. e. A cross-access/ingress-egress easement shall be provided to the property to the north (Parcel#R4582530202, 13984 W. Jasmine Ln.)with development of this site in accord with UDC 11-3A-3A.2.A recorded copy of said easement shall be submitted to the City prior to issuance of the first Certificate of Occupancy on the site. Page 3 Page117 Item#12. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Development Agreement Between the City of Meridian and Tony Tseng, Applied Media, Inc. for Pera Place Subdivision (H-2021-0056 & H-2021-0091), Located at 4600 W. and 4546 W. Daphne St., Near the Northeast Corner of N. Black Cat Rd. and W. McMillan Rd. Page 118 ADA COUNTY RECORDER Phil McGrane 2022-011570 BOISE IDAHO Pgs=53 CHE FOWLER 02/02/2022 08:43 AM CITY OF MERIDIAN, IDAHO NO FEE DEVELOPMENT AGREEMENT PARTIES: i. City of Meridian 2, Tony Tseng,Applied Media,Inc., Owner/Developer THIS DEVELOPMENT AGREEMENT(this Agreement),is made and entered into this 1st day of February 2022 , by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Tony Tseng,Applied Media,Inc., whose address is 6518 N. Fairborn, Meridian, Idaho 8364%hereinafter called OWNERYDEVELOPER, 1. RECITALS: 11 WHEREAS,Owner is the sole owner, in law and/or equity,of certain tract of land in the County of Ada, State of Idaho, described in Exhibit"A",which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS,Idaho Code § 67-651 IA provides that cities may,by ordinance, require or permit as a condition of zoning that the Owner and/or Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section I I-5B-3 of the Unified Development Code("UDC"),which authorizes development agreements upon the annexation and/or re-zoning of land; and 1.4 WHEREAS,Owner/Developerhas submitted an application for a modification of an existing Development Agreement (Instrument # 108057324) and an annexation and rezone on the property as shown in Exhibit "A" under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owner/Developer made representations at the public hearings before Planning and Zoning Commission and the Meridian City Council,as to how the Property will be developed and what improvements will be made;and 1.6 WHEREAS,the record of the proceedings for requested rezoning held before Planning and Zoning Commission and the City Council,includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and DEVELOPMENT AGREEMENT-PERA PLACE SuBDivisioN(H-2021-0056&H-2021-009 1) PAGE 1 OF 8 1.7 WHEREAS, on the 4' day of January, 2022, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit"D"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS,Owner/Developer deem it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS,The Property contained in Exhibit"A" shall no longer be subject to the terms of the existing Development Agreement(Inst.#108057324)or any prior development agreement and shall be bound only by the terns contained in this Agreement. 1.11 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement,herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on December 19, 2019,Resolution No. 19-2179, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words,terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for,unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a parry to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNERIDEVELOPER: means and refers to Tony Tseng,Applied Media, Inc.,whose address is 6518 N.Fairborn,Meridian,ID 83641hereinafter called DEVELOPMENT AGREEMENT-PERA PLACE SUBDIVISION(H-2021-0056&H-2021-0091) PAGE 2 OF 8 OWNER/DEVELOPER, the party that owns and is developing said Property and shall include any subsequent owner(s)and/or developer(s)of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s)of Property located in the County of Ada, City of Meridian as in Exhibit"A" describing a parcel to bound by this Development Agreement and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners/Developer shall develop the Property in accordance with the following special conditions: a. Future development of this site shall be consistent with the approved plat, landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. The Applicant shall install and maintain lights along the micro-path proposed within the large open space lot in the northwest corner of the site(Lot 8,Block 1)to help with pedestrian safety and use of this open space area. c. With final plat submittal,the Applicant shall provide a copy of the executed agreement with the Poorman outparcel (Parcel #SO427325830) outlining the use, maintenance, and termination of the septic drain field that is part of the large open space lot in the northwest corner of the project, shown as Lot 8,Block 1. d. The Applicant shall construct an interim 5-foot wide sidewalk along the Poorman outparcel(Parcel#SO427325830)to eliminate the sidewalk gap on the east side ofN. Black Cat Road and provide safe pedestrian access along this corridor. Coordinate with the transportation authority on approved construction methods for this interim sidewalk. 6. COMPLIANCE PERIOD This Agreement must be fully executed within six (6) months after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: DEVELOPMENT AGREEMENT-PERA PLACE SUBDIVISION(H-2021-0056&H-2021-0091) PAGE 3 OF 8 Item#12. 7.1 Acts of Default. In the event Owner/Developer, or Owner's/Developer's heirs, successors, assigns, or subsequent owners of the Property or any other person acquiring an interest in the Property,fail to faithfully comply with all of the terms and conditions included in this Agreement in connection with the Property, this Agreement may be terminated by the City upon compliance with the requirements of the Zoning Ordinance. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this agreement, Owner/Developer shall have thirty(30)days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice from City as described in Section 7.2, City shall,upon satisfaction of the notice and hearing procedures set forth in Idaho Code section 67-651 IA,have the right,but not a duty, to de-annex all or a portion of the Property, reverse the zoning designations described herein, and terminate City services to the de-annexed Property, including water service and/or sewer service. Further, City shall have the right to file an action at law or in equity to enforce the provisions of this Agreement.Because the covenants, agreements, conditions, and obligations contained herein are unique to the Property and integral to City's decision to annex and/or re-zone the Property, City and Owner/Developer stipulate that specific performance is an appropriate, but not exclusive, remedy in the event of default. Owner/Developer reserves all rights to contest whether a default has occurred. 7.4 Choice of Law and Venue. This Agreement and the rights of the parties hereto shall be governed by and construed in accordance with the laws of the State of Idaho, including all matters of construction, validity, performance, and enforcement. Any action brought by any party hereto shall be brought within Ada County, Idaho. 7.5 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.6 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. DEVELOPMENT AGREEMENT—PERAPLACE SUBDMSION(H-2021-0056&H-2021-0091) PAGE 4 OF 8 Page 122 Item#12. 8. INSPECTION: Owner/Developer shall,immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy,notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits,and submit proof of such recording to Owner/Developer,prior to the third reading of the Meridian Zoning Ordinance in connection with the re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby,the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall,following recordation of the duly approved Agreement,enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds,irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed,completed,and accepted by the City,or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: with copy to: City Clerk City Attorney City of Meridian City of Meridian 33 E. Broadway Ave. 33 E. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 83642 OWNER/DEVELOPER: Tony Tseng, Applied Media, Inc. 6518 N. Fairborn Meridian, ID 836416 -�r DEVELOPMENT AGREEMENT—PERAPLACE SUBDIVISION(H-2021-0056 cot H-2021-0091) PAGE 5 OF 8 Page 123 Item#12. 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. 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 attorney's 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. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term,condition and provision hereof,and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner/Developer,to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement,the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided,no subsequent alteration,amendment,change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT—PERA PLACE SUBDIVISION(H-2021-0056&H-2021-0091) PAGE 6 OF 8 Page 124 Item#12. 21.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; acknowledgements, signatures and Exhibits A and B follow] DEVELOPMENT AGREEMENT—PERA PLACE SUBDIVISION(H-2021-0056&H-2021-0091) PAGE 7 OF 8 Page 125 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS/DEVELOPER: Applied Media, Inc. By: T y T CITY OF MERIDIAN ATTEST: By: Mayor Robert E. Simison 2-1-2022 Chris Johnson, City Clerk 2-1-2022 STATE OF IDAHO ) ss: County of Ada ) a1 On this day of t-Cv— 20A before me,the undersi ed,a Notary Public in and for said State, personally appeared Tony Tseng known or identified tome to be the n.�C��- Vtle of Applied Media,Inc.and the person who signed above and acknowledged to me that he executed the same on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. 4 . o� -^ O A R Y Notary Public for —7 b Residing at:5.31 It i�r 14G t f J 4-2 t " My Commission Expires: a-- 'c'U B oGati ST!RES g13���O STATE OF IDAHO ) T 0 ss County of Ada ) On this 1st day of February 20 22,before me,a Notary Public, personally appeared Robert E. Simison and Chris Johnson,known or identified to me to be the Mayor and Clerk,respectively,of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. Notary Public for Idaho Residing at: Meridian, ID Commission expires: 3-28-2022 DEVELOPMENT AGREEMENT-PERA PLACE SUBDIVISION(H-2021-0056&H-2021-0091) PAGE 8 OF 8 item#12. EXHIBIT A Annexation and Rezone Legal Descriptions and Exhibit Maps IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 Phone: (208) 846-8570 GROUP Fax: (208) 884-5399 Boundary Description for Pera Place-City of Meridian Annexation August 5,2021 A parcel of land situated in the southwest quarter of Section 27,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho,including Lots 2 and 3,Block 2 of Black Cat Estates Subdivision No.2,(instrument number 870382, records of Ada County,Idaho);and being more particularly described as follows: Commencing at the southwest comer of Section 27,Township 4 North,Range I West,Boise Meridian,which bears S00°31'09"W,2637.37 feet from the west quarter-section corner of Section 27; Thence N00°31'09"E, 1318.65 feet along the west line of Section 27 to the south sixteenth-section corner of Section 27; Thence S89°17'46"E,660.80 feet along the north line of the southwest quarter of the southwest quarter of Section 27(City of Meridian annexation instrument number 2020-138111,records of Ada County,Idaho)and the south line of the north half of the southwest quarter of Section 27(City of Meridian annexation instrument number 108057325,records of Ada County,Idaho)to the POINT OF BEGINNING: Thence continuing S89°17'46"E,728.47 feet along the south line of the north half of the southwest quarter of Section 27,and the current boundary of the City of Meridian(City of Meridian annexation instrument number 108057325,records of Ada County,Idaho),to the corner of Vicenza Commons Subdivision(instrument number 2018-095335,records of Ada County,Idaho)on the north boundary of Lot 4,Block 2 of Black Cat Estates Subdivision No.2(Record of Survey instrument number 112020950,records of Ada County,Idaho); Thence N89°25'46"W,67.40 feet along the north boundary of Lot 4 to the northeast corner of Lot 3,Block 2 of Black Cat Estates Subdivision No.2; Thence S00°32'04"W,659.59 feet along the boundary of Lots 3&4 and the southerly extension thereof to the center line of W.Daphne St.; Thence N89°16'00"W,660.89 feet along the center line of W.Daphne St. to the southerly extension of the boundary of Lots 1 &2,Block 2 of.Black Cat Estates Subdivision No.2,and the current boundary of the City o R Page 1 of 2 IL q Page 1 Page 127 Item#12. • IDAHO 9955 W Erneratd St SURVEY Boise, ID 83704 15G GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Meridian(City of Meridian annexation instrument number 2020-13811, records of Ada County,Idaho); Thence N00°31'08"E,659.41 feet along the boundary of Lots 1 &2,the southerly extension thereof,and the current boundary of the City of Meridian to the POINT OF BEGINNING. The above-described parcel contains 10.01 acres,more or less. D Page 2 of 2 OF tV� t Pera Place Subdivision—H-2021-0056 and H-2021-0091—Exhibit A to Development Agreement page 128 Item#12. 1/4 N S.28 S.27 SCALE, 1'=120' 0 30 60 120 240 N I POINT OF BEGINNING UNPLATTED NW COR. LOT 2 S1/16 660.80' S89°17'46"E 728.47' S8917'46"E - ------- Ll I , � I q 1 I , I , I _ d ±435,970 SO. FT. ° rnl ±10.01 AC Ln Q uJ w 10 in m N cO U ' 4600 W. DAPHNE ST. 4546 W. DAPHNE ST. � Li co Y U 00 U'i m I O O I o O N m I z z p r BLOCK 2 CD BLACK CAT ESTATES Cn SUBDrVrSLOM NO 2 + of1 I I � I I I I _ _W. _DAPHNE_ST. N89°16'00"W 6fi0.89'--- n - N Np s G S.28 S.27 LINE TABLE Q S.33 S.34 LINE[BEARING LENGTH 4 POINT OF COMMENCEMENT SW COR. SEC 27 L1 N89'2546"W 67.40 �/ q e Of `QF co Suave 2'-252 cw -x-3-ANNEXATION.— 8 5 2021 4',32:43 PM JOB N°. IDAHO EXHIBIT DRAWING FOR 21-252 SG SURVEY BOISE,DMERAEDST. PERA PLACE — CITY OF MERIDIAN ANNEXATION SHEET 9955 I°AHO LDS 12Ba7 8464570 GROUP, LLC SITUATED IN THE SOUTHWEST QUARTER OF SECTION 27. T.4N., R.1W.. B.M., DWG. DATE ADA COUNTY,IDAHO 8/5/2021 Pera Place Subdivision—H-2021-0056 and H-2021-0091—Exhibit A to Development Agreement page 129 Item#12. 09°17'46"e 67.4 728.47 78725'46°w m � o v m a IQ �D o 660.89 n89° '00"w Pera Place - Meridian Annexation Closure Worksheet 8/5/2021 Scale: i inch= 100 feet File: Tract 1:10.0085 Acres,Closure:n00.0000e 0.00 R.(1 W2464),Perimeter=2776 ft. 01 s89.1746e 728.47 02 n89.2546w 67.4 03 s00.3204w 659.59 04 n89.1600w 660.89 05 n00.3108e 659.41 Pera Place Subdivision—H-2021-0056 and H-2021-0091—Exhibit A to Development Agreement page 130 Item#12. ® IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 ISG GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Boundary Description for Pera Place-City of Meridian Rezone R4 to R8 Project No.21-252 December 6,2021 A parcel of land situated in the north half of the southwest quarter of Section 27, Township 4 North,Range 1 West,Boise Meridian,City of Meridian,Ada County, Idaho,and being more particularly described as follows: Commencing at the southwest corner of Section 27,Township 4 North,Range I West,Boise Meridian,which bears S00°31'09"W,2637.37 feet from the west quarter-section corner of Section 27; Thence N00°31'09"E, 1505.03 feet along the west line of Section 27 to the southwest corner of Parcel B (Record of Survey 7768,records of Ada County, Idaho),the POINT OF BEGINNING: Thence continuing N00°31'09"E,255.13 feet along the west line of Section 27 and Parcel B to the corner with Vicenza Subdivision No.2 (Book 110 of Plats at Pages 15670 thru 15673,records of Ada County, Idaho); Thence S89°38'12"E,291.82 feet along the boundary of Parcel B,Vicenza Subdivision No.2,and Vicenza Subdivision No,4(Book 117 of Plats at Pages 17790 thru 17793,records of Ada County,Idaho); Thence S 19°35'11"E, 111.85 feet along the boundary of Parcel B and Vicenza Subdivision No.4 to the corner with Vicenza Commons Subdivision No. 2(Book 117 of Plats at Pages 17794 thru 17797,records of Ada County,Idaho); Thence S34°24'46"E,79.39 feet along the boundary of Parcel B and Vicenza Commons Subdivision No.2; Thence S50°46'23"E,89.27 feet along the boundary of Parcel B and Vicenza Commons Subdivision No.2; Thence S88°1148"E,896.60 feet along the boundary of Parcel B and Vicenza Commons Subdivision No.2 to the corner with Vicenza Commons Subdivision(Book 114 of Plats at Pages 17014 thru 17016 records of Ada County,Idaho); 9'�> Page 1 of 2 • tT OF Pera Place Subdivision—H-2021-0056 and H-2021-0091—Exhibit A to Development Agreement page 131 Item#12. IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208)846-8570 Fax: (208)884-5399 Thence S 12°47'30"E,206.28 feet along the boundary of Parcel B and Vicenza Commons Subdivision to the south line of the north half of the southwest quarter of Section 27; Thence N89°17'46"W,728.47 feet along the south line of the north half of the southwest quarter and the boundary of Parcel B to the corner with the 5120 N.Black Cat Rd.Parcel(Record of Survey 12801,records of Ada County,Idaho); Thence N89°17'41"W,319.20 feet along the boundary of Parcel B and the 5120 N.Black Cat Rd.Parcel to the corner with Parcel A(Record of Survey 7768,records of Ada County,Idaho); Thence N00°26'34"E, 155.40 feet along the boundary of Parcel B and Parcel A; Thence N44°20'33"W,42.57 feet along the boundary of Parcel B and Parcel A; Thence N89°07'48"W,311.37 feet along the boundary of Parcel B and Parcel A to the POINT OF BEGINNING. The above-described parcel contains 6.99 acres,more or less. s, 6 Ada g �Ls�SwL Page Pera Place Subdivision—H-2021-0056 and H-2021-0091—Exhibit A to Development Agreement page 132 Gm qz / ! mn±'% 237 ,moo} 2S z @/22� / \ { \ - \\ - \AN 2. r} } \ \� } Ln O @ b \ ( 0 < M \ z 0 0 - 0- m 0 % CO Q m t m ' \ \ E -0. `2 n \ { � n§ -_ - �� CO \ (n - Zk e \\ (} ƒ $j ( - R \ - } � D . &+ [7 R § ° m A Q: \ Sz _ r® 0 o � Z � . (e »� j \\ �} /\ Pera mac Subdivision-H2O21±O56 and H-O21±0 1-Ex@mtA to Development Agreement 7�£ EXHIBIT B C�fIENty CITY OF MERIDIAN FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION& ORDER In the Matter of the Request for Annexation and Zoning of 10 acres of land with a request for the R-8 zoning district; Rezone of 6.99 acres of land from the R-4 zoning district to the R-8 zoning district; Preliminary Plat consisting of 65 single-family detached building lots and 8 common lots on 16.63 acres of land, and; Development Agreement Modification to terminate the existing DA (Bellhaven Subdivision,AZ-07-011 &PP-07-016,Inst.#108057324)to incorporate the subject parcel(SO427325702)into a new DA consistent with the proposed Preliminary Plat and Annexation for Pera Place Subdivision (H-2021-0056).,by Tony Tseng,Applied Media,Inc. Case No(s).H-2021-0056&H-2021-0091 For the City Council Hearing Date of: December 14, 2021 (Findings on January 4, 2022) A. Findings of Fact 1. Hearing Facts(see attached Staff Report for the hearing date of December 14,2021, incorporated by reference) 2. Process Facts(see attached Staff Report for the hearing date of December 14, 2021, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 14, 2021, incorporated by reference) 4. Required Findings per the Unified Development Code(see attached Staff Report for the hearing date of December 14,2021,incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the"Local Land Use Planning Act of 1975,"codified at Chapter 65,Title 67,Idaho Code(I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified as Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has,by ordinance, established the Impact Area and the Comprehensive Plan of the City of Meridian, which was adopted December 17,2019,Resolution No. 19-2179 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s)received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision,which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant,the FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pera Place Subdivision—FILE#H-2021-0056&H-2021-0091) - I Page 134 Item#12. Community Development Department,the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 14,2021,incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted,it is hereby ordered that: 1. The applicant's requests for Annexation and Zoning,Rezone, Preliminary Plat,and Development Agreement Modification are hereby approved per the conditions of approval in the Staff Report for the hearing date of December 14,2021, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two(2)years of the approval of the preliminary plat or the combined preliminary and final plat or short plat(UDC 11-613-7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two(2)years,may be considered for final approval without resubmission for preliminary plat approval (UDC 11-6B-7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11-6B-7.A,the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two(2)years. Additional time extensions up to two(2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension,the property shall be required to go through the platting procedure again(UDC 11- 6B-7C). Notice of Conditional Use Permit Duration Please take notice that the conditional use permit,when granted, shall be valid for a maximum period of two(2)years unless otherwise approved by the City. During this time,the applicant shall commence the use as permitted in accord with the conditions of approval, satisfy the requirements set forth in the conditions of approval, and acquire building permits and commence construction of permanent footings or structures on or in the ground. For conditional use permits that also require platting,the final plat must be signed by the City Engineer within this two(2)year period. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pera Place Subdivision—FILE#H-2021-0056&H-2021-0091) -2- Page 135 Item#12. Upon written request and filed by the applicant prior to the termination of the period in accord with 11-513-6.G.1,the Director may authorize a single extension of the time to commence the use not to exceed one(1)two (2)year period.Additional time extensions up to two (2)years as determined and approved by the City Council may be granted. With all extensions,the Director or City Council may require the conditional use comply with the current provisions of Meridian City Code Title 11(UDC 11-513-617). Notice of Development Agreement Duration The city and/or an applicant may request a development agreement or a modification to a development agreement consistent with Idaho Code section 67-6511A. The development agreement may be initiated by the city or applicant as part of a request for annexation and/or rezone at any time prior to the adoption of findings for such request. A development agreement may be modified by the city or an affected party of the development agreement. Decision on the development agreement modification is made by the city council in accord with this chapter. When approved, said development agreement shall be signed by the property owner(s) and returned to the city within six(6)months of the city council granting the modification. A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the city if filed prior to the end of the six(6)month approval period. E. Notice of Final Action and Right to Regulatory Takings Analysis 1. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight(28)days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67,Idaho Code. F. Attached: Staff Report for the hearing date of December 14,2021. FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pera Place Subdivision—FILE#H-2021-0056&H-2021-0091) -3 Page 136 By action of the City Council at its regular meeting held on the 4th day of January 2022. COUNCIL PRESIDENT TREG BERNT VOTED COUNCIL VICE PRESIDENT BRAD HOAGLUN VOTED COUNCIL MEMBER JESSICA PERREAULT VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LIZ STRADER VOTED MAYOR ROBERT SIMISON VOTED (TIE BREAKER) Mayor Robert Simison 1-4-2022 Attest: Chris Johnson1-4-2022 City Clerk Copy served upon Applicant, Community Development Department,Public Works Department and City Attorney. By: Dated: 1-4-2022 City Clerk's Office FINDINGS OF FACT,CONCLUSIONS OF LAW AND DECISION&ORDER FOR(Pera Place Subdivision—FILE#H-2021-0056&H-2021-0091) -4- Page 328 item#12. EXHIBIT A STAFF REPORTC�WE IDIAT --- COMMUNITY DEVELOPMENT DEPARTMENT ° HEARING 12/14/2021 Legend (� AK DATE: I Project Location i TO: Mayor&City Council — SO 11 ❑ � FROM: Joe Dodson,Associate Planners 208-884-5533 ® � SUBJECT: H-2021-0056&H-2021-0091 (MDA) � Pera Place Subdivision 1 LOCATION: The site is located at 4600 W. DaphneINS M. ®® Street,4546 W. Daphne Street,and 1121 Parcel SO427325702,near the northeast - - ----- corner of N. Black Cat Road and W. McMillan Road, in the NW%,&the SW 1/4 of the SW 1/4 of Section 27, Township -- 4N.,Range 1 W. F-F - I. PROJECT DESCRIPTION • Annexation and Zoning of 10 acres of land with a request for the R-8 zoning district; • Rezone of 644 6.99 acres of land from the R-4 zoning district to the R-8 zoning district, • Preliminary Plat consisting of 65 single-family detached building lots and 8 common lots on 16.63 acres of land, and; • Development Agreement Modification to terminate the existing DA(Bellhaven Subdivision,AZ- 07-011 &PP-07-016, Inst. #108057324)to incorporate the subject parcel(SO427325702) into a new DA consistent with the proposed Preliminary Plat and Annexation for Pera Place Subdivision(H-2021-0056). II. SUMMARY OF REPORT A. Project Summary Description Details Page Acreage AZ— 10 acres; Plat— 16.63 acres Future Land Use Designation Medium Density Residential (3-8 du/ac) Existing Land Uses Vacant land and County Residential Proposed Land Uses Detached Single-family Residential Lots(#and type; 73 total lots—65 residential building lots; 8 common bldg./common) lots Phasing Plan(#ofphases) No phasing plan submitted Number of Residential Units 65 single-family units Density Gross—3.91 du/ac Page 1 Page 138 Item#12. Description Details Page Open Space (acres,total 3.14 acres total open space—2.84 acres of qualified [%]/buffer/ ualified) open space(approximately 17%) Amenity Additional qualified open space above the requirement(at least 20,000 square feet); Pergola with a picnic table; and a Tot-lot. Neighborhood meeting date;# June 30,2021 — 12 attendees; September 13,2021 — of attendees: No attendees History(previous approvals) AZ-07-011 &PP-07-016(for the R-4 parcel); DA Inst. #108057324; Black Cat Estates Subdivision No. 2 (County subdivision that includes the remaining 10 acres and two parcels). B. Community Metrics Description Details Page Ada County Highway District • Staff report(yes/no) Yes • Requires ACHD Yes—Applicant received ACHD Commission approval on October 6, 2021. Commission Action es/no Access Access is proposed via extension of existing and planned stub streets;two (Arterial/Collectors/State new access points to Daphne Street are also proposed. Hwy/Local)(Existing and Proposed stub street extensions include one from the north through Vicenza Proposed) Commons (N. Sepino Avenue) and one from the west through Brody Square that is currently under construction. Stub All existing and planned stub streets are shown as being extended into the Street/Interconnectivity/Cross project site,per the submitted plat. The Applicant is proposing internal local Access streets for all Interconnectivity;no collector or arterial streets traverse the project area. Existing Road Network No Existing Arterial Sidewalks/ No; submitted plat shows new arterial sidewalk and buffer along short Buffers segment abutting N. Black Cat Road. Proposed Road The Applicant is required to improve W. Daphne Street as of a 33-foot Improvements wide street section with curb, gutter, and 5-foot wide attached sidewalk with this application. CIP/Five Year Work Plan for nearby roads: Capital Improvements Plan(CIP)I Integrated Five Year Work Plan(IFYWP): • The intersection of McMillan Road and Black Cat Road is scheduled in the IFYWP for the installation of an interim traffic signal in 2022. • Black Cat Road is listed in the CIP to be widened to 5-lanes from Ustick Road to McMillan Road between 2031 and 2035. • Black Cat Road is listed in the CIP to be widened to 5-lanes from McMillan Road to Chinden Boulevard between 2036 and 2040. • McMillan Road is listed in the CIP to be widened to 5-lanes from Black Cat Road to Ten Mile Road between 2031 and 2035. • The intersection of McMillan Road and Black Cat Road is listed in the CIP to be reconstructed as a multi-lane roundabout with 4-lanes on the north leg, 4-lanes on the south,2-lanes east, and 2-lanes on the west leg,and between 2031 and 2035. Distance to nearest City Park 1.5 miles to Keith Bird Legacy Park(7.5 acres) (+size) Page 2 Page 139 Item#12. Description Details Page Fire Service • Distance to Fire 2.5 miles from Fire Station#5 (project would be serviced by future Fire Station Station#8, scheduled for completion in Summer 2023). • Fire Response Time The project lies within the Meridian Fire response time goal of 5 minutes. • Resource Reliability Fire Station#5 reliability is 84% (above the goal of 80%) • Risk Identification Risk Factor 2—Residential with hazards(proposed pond/drainage facility) • Accessibility Proposed project meets all required road widths, and turnaround dimensions. Police Service See link in Section VIILD Wastewater • Distance to Sewer N/A Services • Project Consistent Yes with WW Master Plan/Facility Plan • Impacts/Concerns • Provide to-and-through to 4448,4500,and 4520 W.Daphne St. Manholes need to be extended to property line at the east and into Daphne St at the south. • Ensure no sewer services pass through infiltration trenches. • Ensure that angles of pipe into/out of manhole is a minimum of 90 degrees in the direction of flow. • Parcel SO427325702 is part of the Black Cat Main Reimbursement agreement. Water • Distance to Services 0' • Project Consistent Yes with Water Master Plan • Impacts/Concerns • Any well that will no longer be used must be abandoned according to IDWR requirements. • Assuming existing blow-offs at the west boundary. Call out blow off removal. • Blow offs at the east side to be called out as per Standard Drawing W13. 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IV. NOTICING Planning& Zoning City Council Posting Date Posting Date Newspaper Notification 9/17/2021 11/28/2021 Radius notification mailed to properties within 500 feet 9/15/2021 12/2/2021 Site Posting 10/15/2021 12/1/2021 Nextdoor posting 9/16/2021 12/6/2021 V. STAFF ANALYSIS A. Future Land Use Map Designation(https://www.meridiancity.or /g compplan) Medium-Density Residential(MDR)—This designation allows for dwelling units at gross densities of three to eight dwelling units per acre. Density bonuses may be considered with the provision of additional public amenities such as a park, school, or land dedicated for public services. The subject project is approximately sixteen and a half acres (16.5) and includes three (3) existing parcels, one of which was annexed into the City with the R-4 zoning district in 2007 and has an existing Development Agreement(DA). The area to the north of this project is developed R-4 zoning with detached single-family homes and an R-8 subdivision is approved to the west of this project, Brody Square. Consistent with the future land use designation of MDR (3-8 du/ac), the Applicant is proposing Pera Place Subdivision with 65 building lots equating to a gross density of 3.91 units per acre. Therefore, the Applicant is proposing a residential project at the low end of the allowable density. Furthermore, the proposed use of detached single-family residential is an allowed and anticipated use in the requested R-8 zoning district and MDR future land use designation. REZONE:As noted, a portion of this project is already annexed and zoned R-4. This area of the project created a county enclave that is still owned by the same property owner and is referred to as the Poorman outparcel. This enclave is currently not annexed into the City and was not required to annex when the R-4 property was annexed and approved for a preliminary plat in 2007. The previously approved plat is no longer valid as it is long expired but the existing DA is tied to previous layout and the existing R-4 zoning. The Applicant is requesting to rezone this area to the R-8 zoning district to match the requested zoning of the 10 acres to the south and the approved projects to the south/southwest. Because there is an existing DA tied to a plat that is no longer valid and the Applicant is requesting to rezone this area,the Applicant should submit a Development Agreement Modification application to replace the existing DA and incorporate its boundary with the property included with the concurrent annexation request. This will ensure that the subdivision will develop as proposed. The MDA application was submitted prior to the Council hearing. Staffs recommended DA provisions are already in the conditions section of this report,Section VIII, and supports the MDA request to ensure a more connected road network and cohesive project is proposed.If the Poorman outparcel is not included in the proiect boundary, the protect area within the annexation boundary(approximately 10 acres) could likely stand on its own merits.However, the project was not analyzed in this manner so Staff cannot Quarantee 100 percent compliance with UDC standards for this area alone. For example, the required amount of qualified open space. Should Council decide the R-4 parcel Page 5 Page 142 Item#12. should not be a part of this project,Staff recommends a continuance to allow Staff time to analyze iust the 10 acres associated with the annexation request. In general, Staff finds rezoning this area from R-4 to R-8 a logical expansion of existing zoning nearer the corner of Black Cat and McMillan Roads to the southwest of the subject site. Brody Square Subdivision is an approved R-8 subdivision directly to the west/southwest of this area and the Applicant has aimed to match the lot lines along the abutting project boundary. This same density is proposed throughout the proposed project;Staff finds the proposal to annex 10 acres and rezone 6.5 acres to the R-8 zoning district offers an appropriate transitional density to the developed R-4 area to the north. Staff finds the proposed project to be generally consistent with the Comprehensive Plan. Specific Comprehensive Plan policies are discussed and analyzed below. The City may require a development agreement(DA) in conjunction with an annexation and rezone pursuant to Idaho Code section 67-6511A.In order to ensure the site develops as proposed with this application, Staff recommends a new DA that encompasses the land proposed to be rezoned and annexed with the provisions included in Section VIII.A1. The DA is required to be signed by the property owner(s)/developer and returned to the City within 6 months of the Council granting the rezone and annexation approval.A final plat will not be accepted until the new DA is executed and the RZ and AZ ordinances are approved by City Council. B. Comprehensive Plan Policies (https://www.meridiancity.or /g compplan): The applicable Comprehensive Plan policies are cited below with Staff analysis in italics. "Avoid the concentration of any one housing type or lot size in any geographical area;provide for diverse housing types throughout the City"(2.01.01 G). The proposed project offers a density and site design similar to project approved to the west. Despite proposing a similar density and lot size as that to the west, this Applicant is proposing a large linear open space lot and varying lot sizes throughout the development that should offer different home design. In addition, the overall combined density ofprojects in the area near the corner of Black Cat and McMillan offer a transition between the arterial roadways and the existing R-4 zoning to the north. It is anticipated and planned within this corridor along McMillan that detached single-family homes will be proposed. Furthermore,proposing a density near the lowest allowed provides the City a relief to the transportation network and area schools when compared to a project at twice the density, which would be allowed within the same future land use designation. "Establish and maintain levels of service for public facilities and services,including water, sewer, police,transportation, schools, fire, and parks" (3.02.01 G).All public utilities are available for this project site due to the existing stubs abutting the site to the west and north. This project also lies within the Fire Department response time goal and Fire has approved the accesses to and through the site. West Ada School District anticipates an additional 45 school aged children from this development, according to the ratio of 0.7 kids per household. With the anticipated additional school aged children in the vicinity of project area, Staff anticipates adequate capacity for the designated middle and high school but overcrowding at Pleasant View Elementary, the elementary school approximately '/mile to the north through the adjacent subdivision. Unfortunately, the City does not control the construction of new schools but Staff is aware of the potential for overcrowding at the neighborhood elementary school. Because of this, West Ada anticipates some students utilizing the options of charter schools and specialty schools. Staff finds that the existing and planned development of the immediate area create appropriate conditions for levels of service to and for this proposed project. Page 6 Page 143 Item#12. "Preserve,protect,and provide open space for recreation, conservation,and aesthetics" (4.05.01F). The Applicant is proposing this project with two large open space lots totaling 2.75 acres. These two lots are located at different areas of the plat with one being 97 foot wide linear open space in the south portion of the site and the other located along Black Cat and is proposed with a vast number of existing trees that are remaining. Both areas have ample recreation opportunity and pedestrian connections through them. Preserving the existing trees and creating an area of open space that links through the subdivision in the south present adequate usable open space, appropriate conservation, and ample aesthetics for the project. "Require pedestrian access in all new development to link subdivisions together and promote neighborhood connectivity."(2.02.01D).Proposed project is extending the attached sidewalks from the south to allow easy access to the future pedestrian facilities and amenities within Prevail Subdivision. "Ensure that new development within existing residential neighborhoods is cohesive and complementary in design and construction."(2.02.02F).As discussed, the Applicant is proposing lot sizes and lot lines similar to that of the approved Brody Square subdivision directly abutting the site to the west. In addition, R-8 zoning is an appropriate zoning to transition to the R-4 zoning to the north. The Applicant could revise the lot sizes along the north boundary to meet the R-4 minimum lot size of 8,000 square feet but due to the proposed road layout, aligning lot lines may still be difficult. Furthermore, in this area of the site, the Applicant is proposing six lots adjacent to five existing lots in Vicenza Commons offering similar density along this shared boundary. Therefore, Staff finds the proposed density and lot placement should provide a cohesive project with Vicenza Commons to the north and provide adequate transitional density overall. "Require new development to establish street connections to existing local roads and collectors as well as to underdeveloped adjacent properties."(6.01.02C). The Applicant is required to and is proposing to extend all abutting stub streets—N. Sepino Avenue from the north, a local street from the west in Brody Square Subdivision, and two new connections to Daphne Street, the existing local street along the south project boundary. The Applicant is also proposing a new stub street to the east boundary for future connectivity and development opportunity for those parcels to the east. Further discussion and analysis on this are below in Section G,Access. Stafffinds the Applicants proposed street connections comply with this policy. "Eliminate existing private treatment and septic systems on properties annexed into the City and instead connect users to the City wastewater system; discourage the prolonged use of private treatment septic systems for enclave properties."(4.08.02A).As discussed, a portion of this project surrounds a county enclave that utilizes private septic and well systems. Staff has had multiple discussions with that landowner and they do not have an interest in annexing into the City and connecting to City services at this time. The submitted plans show their septic drain field on a small portion of the already annexed R-4 parcel(discussed in more detail below) perpetuating prolonged use of the private systems. Staff finds these conditions do not comply with this policy. Staff finds this development to be generally consistent with the Comprehensive Plan. C. Existing Structures/Site Improvements: There are two existing county residential single-family homes with accessory structures on the two 5-acre sites abutting Daphne Street. Both homes are proposed to be removed upon development of this project. Within the existing R-4 parcel,the Poorman outparcel has their septic tank drain field on a small area just north of their property line near Black Cat Road.According to the Page 7 Page 144 Item#12. submitted plat,the Applicant has proposed a non-buildable lot over this area. Staff does not support the inclusion of a non-buildable lot for this shared use and instead recommends the developer and the Poorman's enter into a separate agreement that defines how this area is to be used and maintained.This recommendation would remove the non-buildable lot and incorporate this area into the larger common lot as previously proposed by the Applicant. This agreement should be included with a future final plat application and include a termination clause when the Poorman outparcel redevelops or connects to City services. D. Proposed Use Analysis: The proposed use is detached single-family residential with an average lot size of 6,705 square feet and a minimum lot size of 5,297 square feet. This use is a permitted use in the requested R-8 zoning district per UDC Table 11-2A-2 and all lots meet the minimum lot size requirement of 4,000 square feet. The Applicant has not noted if this is a phased project,however Staff anticipates it to develop as one phase. The proposed use, lot sizes, and lot alignment should provide for a development that is cohesive with the adjacent development to the north and the planned development to the west/southwest. E. Dimensional Standards(UDC I1-2): The residential lots appear to meet all UDC dimensional standards per the submitted plat. In addition, all subdivision developments are also required to comply with Subdivision Design and Improvement Standards (UDC 11-6C-3). The proposed preliminary plat and submitted plans appear to meet all UDC requirements except for the length of the proposed east-west cul-de-sac shown as W. Philomena Court in the north portion of the site. This cul-de-sac measures approximately 550 feet in length, 50 feet beyond the allowed length by UDC 11-6C-3. Therefore, the Applicant requires a Council Waiver to exceed the 500 foot limit for a dead-end street. Note: The original preliminary plat met this requirement and included an access easement to the Poorman outparcel.At Staffs recommendation, the Applicant extended Philomena Court further west so that right-of-way would touch the Poorman outparcel instead of an easement. Staff recommended this because easements are more difficult to track and maintain than having abutting right-of-way. With the current layout, the City will have more means of requiring the Poorman outparcel take access from Philomena Court instead of Black Cat should that property ever redevelop. Therefore,Staff recommends Council approve the waiver for the dead-end street to exceed 500 feet. F. Building Elevations(UDC I1-3A-19 I Architectural Standards Manual): The Applicant submitted conceptual building elevations for the proposed detached single-family homes.Note that detached single-family homes do not require Design Review approval therefore Staff does not review these for compliance with any standards. However,the submitted elevations depict single and two-story homes with two-car garages. The elevations depict field materials of lap siding and faux shingles with varying roof profiles offering an overall array of potential homes. Because these homes do not abut an arterial or collector roadway, staff is not requiring any additional design review with the building permit submittal. G. Access(UDC 11-3A-3, 11-3H-4): Access is proposed via multiple local street connections and no arterial or collector street connections. One access is via extension of N. Sepino Avenue, a local street stubbed to the northern boundary from the Vicenza Commons Subdivision. The Applicant is also proposing two new north-south local street connections to W. Daphne Street,an existing county local street along the southern boundary. Daphne Street is the access point for the existing county residences Page 8 Page 145 Item#12. and is proposed to be improved with half-plus-twelve feet of pavement, curb, gutter, and 5-foot attached sidewalk,per the ACHD staff report(see section VIILI). The submitted plat shows these north-south local streets intersecting a new east-west local street that would be an extension of Avilla Drive from Brody Square to the west(Brody square is currently under construction but no roads have been constructed at this time). The proposed N. Sepino extension intersects Avilla Drive and is the access point for the noted Philomena Court. In addition,the Applicant is proposing a common drive off of N. Sepino that serves three (3)building lots; the two other lots adjacent to the common drive are proposed to take access from N. Sepino instead of the common drive. All local streets are proposed as 33-foot wide street sections with 5-foot attached sidewalk within 47 feet of right-of-way consistent with ACHD policy. The Applicant is also proposing to extend Avilla Drive to the east boundary as a stub street for future road connectivity to adjacent properties. The improvement of Daphne Street will also allow for future connectivity to the east with the assumption that redevelopment of the parcel(s)to the south will be required to complete the south half of Daphne and continue the pedestrian connectivity. Staff supports the overall road layout and stub street locations as proposed on the revised preliminary plat. H. Parking(UDC 11-3C): Off-street parking is required to be provided in accord with the standards listed in UDC Table H- 3C-6 for single-family dwellings based on the number of bedrooms per unit. Staff will confirm compliance with these standards at the time of building permit submittal for each residence. In addition,the proposed 33-foot wide street section accommodates on-street parking where no driveways exist. Furthermore,no on-street parking is allowed within any part of the cul-de-sac at the end of W. Philomena Court unless the Applicant revises it to be constructed with a 57-foot radius. Because each lot is at least 50 feet wide and there are areas where no driveways exist on the local streets, Staff is not concerned with the amount ofparking in this subdivision. I. Sidewalks(UDC 11-3A-17): 5-foot wide attached sidewalks are proposed along all proposed streets except for that sidewalk along N. Black Cat—the Applicant is proposing to construct 5-foot wide detached sidewalk within the required street buffer consistent with code requirements. In addition,the Applicant is proposing 5-foot wide micro-paths through each large open space lot for added pedestrian connectivity. The proposed sidewalks meet UDC 11-3A-17 and ACHD standards. As proposed, the project and existing conditions of the Poorman outparcel not being annexed into the City would create a sidewalk gap along the east side of Black Cat. This gap would be approximately 190 feet in length and equates to the Poorman out parcel's frontage along Black Cat. This sidewalk gap is why the project required ACHD Commission approval instead of the standard staff-level review and approval. The ACHD Commission approved the road layout and the overall project without this additional sidewalk connection but instructed the Applicant try to obtain the additional right-of-way and sidewalk along the outparcel frontage. Because the Poorman outparcel was allowed to remain unannexed in 2007 from the parcel that is part of this application despite common ownership,Staff does not find it feasible to include a condition of approval to require it be annexed into the City at this time or to require the arterial street buffer and detached sidewalk along the Poorman outparcel frontage. However, consistent with other approvals in the area,Staff recommends an interim sidewalk is constructed along the outparcel frontage for pedestrian safety and to eliminate this sidewalk Page 9 Page 146 Item#12. gap until frontage improvements are required at such time the Poorman outparcel is redeveloped. J. Landscaping(UDC 11-3B): The required landscaping regulated by code within the proposed development are the following areas: the common open space areas and the required landscape buffer to N. Black Cat Road. The submitted landscape plans show landscaping in these areas as proposed. The Applicant is proposing two end-cap common lots on the west side off. Sepino Avenue that are not wide enough to count as qualified open space but are still required to comply with UDC 11-3B-7, buffers along streets. The submitted landscape plans show compliance with code requirements for the number of trees and other vegetative ground cover. In addition, common open space is required to be landscaped with one(1) tree for every 8,000 square feet of open space. The large open space area in the south area of the site is shown as 46,319 square feet on the preliminary plat requiring at least six (6)qualifying trees. The submitted landscape plans show a number of trees exceeding this UDC requirement. The large open space lot in the northwest corner of the site adjacent to Black Cat is over one-and-a-half acres in size and has an unknown number of existing and mature trees. In addition to these existing trees, the Applicant is proposing at least eight(8)additional qualifying shade trees. Overall, Staff finds the submitted landscape plans show landscaping in excess of code requirements. The landscape buffer along N. Black Cat Road is required to be 25'wide and vegetated in accord with UDC 11-3B-7. The submitted landscape plans show compliance with UDC requirements for the number of trees, tree spacing/grouping, and additional vegetative ground cover with two (2) new trees and the existing conditions of multiple existing and mature trees in the buffer area. The landscape plans and plat also show this buffer to be within a 30 foot common lot exceeding the 25 foot requirement. As noted above, the Applicant is proposing a micro pathway from the cul-de-sac to the detached sidewalk along Black Cat through the existing tree area. Because this area is densely vegetated and has a relatively large gap between any roads(approximately 400 feet of micro- path),Staff is concerned with safety while traversing this path.Staff is unaware if these trees are pruned to accommodate better visibility or the level of visibility between the proposed cul- de-sac and Black Cat. Therefore,Staff is including a DA provision to install and maintain lights along this micro path to help with pedestrian safety and meet CPTED policies in this area. The Applicant is required to dedicate additional right-of-way for Black Cat total 50 feet from centerline. This additional dedication is for future widening of Black Cat but in the meantime, UDC 11-3B-7C.5 requires a gravel shoulder of no more than 10 feet with the remaining area to be vegetated with lawn or other vegetative ground cover;gravel is not a sufficient ground cover material.According to the submitted landscape plans, the Applicant is not showing compliance with this code section. So, Staff is recommending a condition of approval to revise the landscape plans to meet this requirement prior to Final Plat submittal. K. Qualified Open Space and Amenities(UDC 11-3G): The proposed preliminary plat area is approximately 16.6 acres in size in size requiring at least one(1) amenity and 1.66 acres(approximately 72,300 square feet) of qualified open space per UDC 11-3G-3. The Applicant is proposing a pergola shade structure with a picnic bench,a tot- lot, and at least 20,000 square feet of qualified open space to meet the amenity requirements; Staff finds the proposed amenities exceed code requirements. Page 10 Page 147 Item#12. According to Staff calculations,the Applicant is proposing approximately 2.84 acres of qualified open space(approximately 17%)to include half of the Black Cat buffer,and the two large open space lots within the project. As discussed throughout the report, Staff finds the proposed open space to be thoughtfully designed and placed for appropriate recreation and use. Note: the large linear open space lot in the south end of the site contains three(3)separate pond facilities that are needed to provide pressurized irrigation for the project.According to the submitted landscape plans, these facilities are shown as small open water ponds with landscaping and rock around each one creating aesthetic open space amenities. Staff finds these small ponds add to the overall beautification and recreation of the open space area so long as they are maintained in accord with UDC standards to include recirculating water and are maintained such that they do not become mosquito breeding grounds. L. Fencing(UDC 11-3A-6911-3A-7): All fencing is required to comply with the standards listed in UDC 11-3A-7. Fencing is proposed as shown on the landscape plan and appears to meet UDC standards as proposed including open vision fencing adjacent to common open space areas. VI. DECISION A. Staff: Staff recommends approval of the requested annexation,rezone,preliminary plat, and DA Modification application with the requirement of a new Development Agreement per the Findings in Section IX of this staff report. B. The Meridian Planning&Zoning Commission heard these items on November 4, 2021. At the public hearing,the Commission moved to recommend approval of the subject Annexation and Zoning,Rezone, and Preliminary Plat requests. 1. Summary of Commission public hearing_ a. In favor: Dan Lardie,Applicant Representative; Tony Tseng,Applicant;Mr. &Mrs. Poorman, sellers of the R-4 parcel. b. In opposition:None C. Commenting: Dan Lardie; Paul Poorman; Gayle Poorman; Joel Ta uneighbor; d. Written testimony: Don Applegarth,neighbor. e. Staff presenting gpplication: Joseph Dodson,Associate Planner f. Other Staff commenting on application: Bill Parsons,Planning Supervisor. 2. Key issue(s)of public testimony a. Location of proposed micro-path in open space lot in northwest corner of the site and a desire to move it to further from the existing homes; b. Transition in lot sizes/lot lines between proposed R-4 lots and existing R-4 lots to the north; C. Overall desire for applications to be approved as proposed because of Applicant's willingness to work with sellers. d. City's.place in creating the Poorman outparcel starting in 2007 and onward by not requiring the parcel be annexed originally. 3. Key issue(s)of discussion by Commission: a. Confirmation of use for proposed irrigation ponds in central open space; b. Configuration of remaining parcels to the south and east—is proposal adequate transition to the larger 5-acre parcels. C. Size and configuration of lots on proposed common drive; Page 11 Page 148 Item#12. d. Issues of allowingexisting xisting Poorman outparcel to remain and not become part of plat/annexation area—what are the City's gptions with this parcel; 4. Commission change(s)to Staff recommendation: a. Move the micro-path in the large open space lot along Black Cat to be further away from the fence along the north boundary to a more centralized location in the open space lot; b. Revise the plat to show the lot lines along the north boundary(Lots 2-7,Block 1)to align with the existing lot lines to the north in Vicenza Commons Subdivision. 5. Outstandingissue(s)sus) for City Council: a. None C. The Meridian City Council heard these items on December 14, 2021. At the public hearing,the Council moved to approve the subject Annexation and Zoning,Rezone,Preliminary Plat and Development Agreement Modification requests. 1. Summary of the City Council public hearing a. In favor: Tony Tseng,Developer: Paul&Gavle Poorman,property owner; David Pera. property owner; b. In opposition: None C. Commenting: Tony Tseng Paul Poorman; Gayle Poorman; David Pera: Erik Harter, neighbor:Ken Tokowitz,neighbor;Victoria Tague,neighbor: d. Written testimony:None following Commission hearing. e. Staff presenting application: Joseph Dodson,Associate Planner £ Other Staff commenting on application: Lt. Hamer,Police Department 2. Key issue(s)of public testimony: a. y Desire for project approval and testaments of Developer's,Tony Tseng, good character; b. History of Poorman outparcel and why keeping as many of the existing trees is so important to everyone in the neighborhood c. Understanding and support of sidewalk needs along Black Cat by the Poorman's and develop d. Overall desire to keep trees in open space area for some nature preservation• 3. Key issue(s)of discussion by City Council: a. Plan for utilizing,maintaining, and improving wooded area shown as common open space in the northwest corner of the site, specifically in terms of lighting and safety concerns brought up by Police Department- b. Timeline of sidewalk improvements for adjacent projects, specifically the required sidewalk along Black Cat; c. Location of amenities and quality of irrigation ponds during off-season months: d. Annroyal of the needed Council Waiver for the proposed cul-de-sac over Sffi (550')in length because of Staffs recommended revisions. 4. City Council change(s)to Commission recommendation: a. None Page 12 Page 149 Item#12. VII. EXHIBITS A. Annexation and Rezone Legal Descriptions and Exhibit Maps IDAHO 9955 W Emerald St 15GSURVEY Boise, ID 83704 GROUP Phone: (208)846-8570 Fax: (208) 884-5399 Boundary Description for Pera Place-City of Meridian Annexation August 5,2021 A parcel of land situated in the southwest quarter of Section 27,Township 4 North,Range 1 West,Boise Meridian,Ada County,Idaho,including Lots 2 and 3,Block 2 of Black Cat Estates Subdivision No.2,(instrument number 870382, records of Ada County,Idaho);and being more particularly described as follows; Commencing at the southwest comer of Section 27,Township 4 North,Range I West,Boise Meridian,which bears S00°31'09"W,2637.37 feet from the west quarter-section corner of Section 27; Thence N00°31'09"E, 1318.65 feet along the west line of Section 27 to the south sixteenth-section corner of Section 27; Thence S89°17'46"E,660.80 feet along the north line of the southwest quarter of the southwest quarter of Section 27(City of Meridian annexation instrument number 2020-138111,records of Ada County,Idaho)and the south line of the north half of the southwest quarter of Section 27(City of Meridian annexation instrument number t08057325,records of Ada County,Idaho)to the POINT OF BEGINNING: Thence continuing S89°17'46"E,728.47 feet along the south line of the north half of the southwest quarter of Section 27,and the current boundary of the City of Meridian(City of Meridian annexation instrument number 108057325,records of Ada County,Idaho),to the corner of Vicenza Commons Subdivision(instrument number 2018-085335,records of Ada County,Idaho)on the north boundary of Lot 4,Block 2 of Black Cat Estates Subdivision No.2(Record of Survey instrument number 112020950,records of Ada County,Idaho); Thence N89°25'46"W,67.40 feet along the north boundary of Lot 4 to the northeast corner of Lot 3,Block 2 of Black Cat Estates Subdivision No.2; Thence S00°32'04"W,659.59 feet along the boundary of Lots 3&4 and the southerly extension thereof to the center line of W.Daphne St.; Thence N89°16'00"W,660.89 feet along the center line of W.Daphne St. to the southerly extension of the boundary of Lots 1 &2,Block 2 of.Black Cat Estates Subdivision No.2,and the current boundary of the City o o Page 1 of 2 � '0 Page 13 Page 150 Item#12. IDAHO 9955 W Erneraid St SURVEY Boise, ID 83704 15G GROUP Phone: (208) 846-8570 Fax: (208) 884-5399 Meridian(City of Meridian anncxation instrument number 2020-13811, records of Ada County,Idaho); Thence N00°31'08"E,659.41 feet along the boundary of Lots 1 &2,the southerly extension thereof,and the current boundary of the City of Meridian to the POINT OF BEGINNING. The above-described parcel contains 10.01 acres,more or less. Page 2 of 2 OF Page 14 Page 151 Item#12. 1/4 N S.28 S.27 SCALE 1'=120' 0 30 60 120 240 N I� POINT OF BEGINNING UNPLATTED NW COR. LOT 2 S1/16 660.80' _--�S89'17'46"E 728.47' S89'17'46"E - i--—- Ll I I I , q f � 1 I , I I , I nLQd ±435,970 SO. FT. ° rnl t1C.01 AC r) F- w 10 in ¢ p l C0 N cO `T 4600 W. DAPHNE ST. 4546 W. DAPHNE ST. � wi00 Y I 22 I p IN Z BLOCK 2 I o BLACK CAT ESTATES J SUBDIVISION NO. 2 + of1 I I I i I I I I W. DAPHNE ST. -- N N89'16'00"W 66C.89'--- n - I N I Np� G S.28 S.27 LINE TABLE �c S.33 S.34 LINE BEARING LENGTH 4 POINT OF COMMENCEMENT SW COR. SEC 27 L1 N89'2546"W 67.40 / q f Of `QF mac, uo Suave 2'-252 cw =x-3-AINE%A TION.aw 8 5 2021 4',32:43 PM JOB NO, IDAHO EXHIBIT DRAWING FOR 21-2e2 SURVEY BOISE,DMERALoST. PERA PLACE - CITY OF MERIDIAN ANNEXATION "EOFQ1 BO15E,IOAHO 8LID S IzBa7 a4aaSlo GROUP, LLC SITUATED IN THE SOUTHWEST QUARTER OF SECTION 27, T.4N., 3.1W., B.M., DWC. DATE ADA COUNTY,IDAHO 8/5/2U21 Page 15 Page 152 Item#12. s89°17'46"e 67.4 728.47 n89°25'46w 3 Tm 0 7f1 660.89 n89° '00"w Pera Place - Meridian Annexation Closure Worksheet 8/5/2021 Scale: 1 inch= 100 feet File: Tract 1:10.0085 Acres,Closure:n00.0000e 0.00 N.(11972464),Perimeter=2776 ft. 01 s89.1746e 728.47 02 n89.2546w 67.4 03 s00.3204w 659.59 04 n89.1600w 660.89 05 n00.3108e 659.41 Page 16 Page 153 Item#12. IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 ISG GROUP Phone: (208)846-8570 Fax: (208) 884-5399 Boundary Description for Pera Place-City of Meridian Rezone R4 to R8 Project No.21-252 December 6,2021 A parcel of land situated in the north half of the southwest quarter of Section 27, Township 4 North,Range I West,Boise Meridian,City of Meridian,Ada County, Idaho,and being more particularly described as follows: Commencing at the southwest corner of Section 27,Township 4 North,Range I West,Boise Meridian,which bears S00°31'09"W,2637.37 feet from the west quarter-section corner of Section 27; Thence N00°31'09"E, 1505.03 feet along the west line of Section 27 to the southwest corner of Parcel B (Record of Survey 7768,records of Ada County, Idaho),the POINT OF BEGINNING: Thence continuing N00°31'09"E,255.13 feet along the west line of Section 27 and Parcel B to the corner with Vicenza Subdivision No.2 (Book 110 of Plats at Pages 15670 thru 15673,records of Ada County, Idaho); Thence S89°38'12"E,291.82 feet along the boundary of Parcel B,Vicenza Subdivision No.2,and Vicenza Subdivision No.4(Book 117 of Plats at Pages 17790 thru 17793,records of Ada County,Idaho); Thence S 19°35'11"E, 111.85 feet along the boundary of Parcel B and Vicenza Subdivision No.4 to the corner with Vicenza Commons Subdivision No. 2(Book 117 of Plats at Pages 17794 thru 17797,records of Ada County,Idaho); Thence S34°24'46"E,79.39 feet along the boundary of Parcel B and Vicenza Commons Subdivision No.2; Thence S50°46'23"E,89.27 feet along the boundary of Parcel B and Vicenza Commons Subdivision No.2; Thence S88°11'48"E,896.60 feet along the boundary of Parcel B and Vicenza Commons Subdivision No.2 to the corner with Vicenza ." Commons Subdivision(Book 114 of Plats at Pages 17014 thru 17016 records of Ada County,Idaho); ')�A Page 1 of 2 • t� OF Page 17 Page 154 Item#12. IDAHO 9955 W Emerald St SURVEY Boise, ID 83704 GROUP Phone: (208)846-8570 Fax: (208)884-5399 Thence S 12°47'30"E,206.28 feet along the boundary of Parcel B and Vicenza Commons Subdivision to the south line of the north half of the southwest quarter of Section 27; Thence N89°17'46"W,728.47 feet along the south line of the north half of the southwest quarter and the boundary of Parcel B to the corner with the 5120 N.Black Cat Rd.Parcel(Record of Survey 12801,records of Ada County,Idaho); Thence N89°17'41"W,319.20 feet along the boundary of Parcel B and the 5120 N.Black Cat Rd.Parcel to the corner with Parcel A(Record of Survey 7768,records of Ada County,Idaho); Thence N00°26'34"E, 155.40 feet along the boundary of Parcel B and Parcel A; Thence N44°20'33"W,42.57 feet along the boundary of Parcel B and Parcel A; Thence N89°07'48"W,311.37 feet along the boundary of Parcel B and Parcel A to the POINT OF BEGINNING. The above-described parcel contains 6.99 acres,more or less. LR4 s , Ada &L ° a OF�Q� ^`s Page 2 of 2 Page 18 Page 155 Gm qz R ! mo±'% 237 25.1 z 9/21 / \ { " }I \ /� 2.0 r} } \ \� } O @ b \ ( � < 0 \ }\ Co m o m Q m t m ' \ \ R `2 §/ � n \ { \ �ui \ _ \ (n - ƒk e \\ ( mo} ƒ $j ( _\ - [7 R § ° mr Q: \ sz to _ r® oZ � § . (e < «� § \\ �} /\ Page 19 �7�m B. Revised Preliminary Plat(dated: 9/17/202I) Item#12. PERA PLACE SUBDIVISION PRELIMINARY PLAT TAN, RAW,SEC.27 MERIDIAN,ADA COUNTY,IDAHO ,h 50 x- VpC= aW x Ea_ so IN N ,MIx -,N2 °� ,o IN N NINl ;G Sena'V rt R o PR . TYPICAL SRiFFf sSFCTION n' WWWHNE STnNR SFFT SECTION INHAL rz RIACK CAT ROAD F STREET SFCTINN TYPICAL SHARER PRNEWAY SE -xls- - -TR -uis- rv,s f:FN]A(:MO ONS WE NO. 1 @aPK 1 'ACE 1779Q L NOTES' -1 ,,1.1 xuT. 58954'4R"E 291.8 / eavc wxiswS lrcaveE3 salr.TME att waTa NI 5Itt E n xE6ESa xM p[SAll IEE rs VIC LA C1O1M7M OOK SESL17B79N40 2 7 � MR o"°�o a vu ff s �, f V I C FN]O�!<C1O17PA�=1MMON l NC'�� 7 m III r - sx�u/ox:w sva=c` fsy '3 B779C ^u smnM cnunn„E rnaunb.seu-ob mnb rurv,airvi �s 'b r4al-o I I J, - V t N89'081PN 311.]Y NHT9.25'W 1, VICENZA COMM9N5 SUB I I I I I apc 12 b IK 3 1- + I '-7 ROOK 114 PACF 17M1 sFJ L1 F J Lnea�c x: =cJ L� xO v4� F A F : � J L �f BENNONMARN yc2 l - ads �- 63 F,-� EL 254I.22 m �I. +k LOMENA CT� ��-- —— PRMarE SwNeEo pRrvEwnv q NAVM 89-UM E2.1�6f { IFNPUTTCO ]'I 10 s 1752 2 I 13sF I��14 11} a zai ss I T `�, I v I ml O �� II I 1 1 -JILo! ��JQrs FII� ��� s! Wlea�r sF I I I 1 81 rK III �I Ir-,a - --, BLC'Y�2 ! N 2 I l o 3 �1i�21I� 1 Cl19 I- O "1 O Ii1 O i 10 11 67m JF La%syaJfl 6wc sH kry �L1 ..1 21Zr 1ao,/ss sF Taav sF �L-�17 - -4�LL� AAIJI o., BLACK CAT ESTATES#2 JNPI A7F0 1� U 1 19 I BCOK 32 PAGE 1945 " ss 'nu e�u { -1I - L s` L E 3 J L J I '�� �0,15 sJ r z r 1 srsc s f ql ! g sF I' L Ir 6� r f, �7� 1 4r � - C;4 'E 1 IF i .a fi7 f Nr�`�xoi ss` BLACK CAT ESTATES BOOK 32 PAGE 1945 o _- T, ,- o,SE` SCALE: 1"_�80' L�T,5 J { :'wL �6lJIF r ® SF x F sF--sI[E BLACK CATESTATES#1 IS ROCK 29 PAGE 179b s.ze j sn 5.37 vvv S34 STE PUN Page 21 Page 158 Item#12. C. Landscape Plans (date: 10/7/2021) IN I AN- 9tr968a NHIGIl3W arnn3nans � 3�NINtl103W 031Ndd�V9 eo vnlo.roeniona�s q[ NVId 3dVOSONVI lIV83AO NOISIA 'ONI'SL133NI�JN3 ;a,�° Ia9[1330V"Id tl»3d S31tlI008StlR 111AV31 �a 7 LU _ O a - uj ILL 0 OLL t a kE 7V¢ Iowa-o r.- Q €L O" (Om. OZ- Q z a Q�si aO O0 J �Y a <'aw�Uw Z_ W a<w�rwn - O ,� � � U§ 7 < o a �3 w ., x i i i i i i i i i i i i i i. i i i i i i i i i i i i i i i i i i i i i i i i i i c-ly ;i M. 1 a � w 0_ b �� � � o N�5 QLi o a I I I _.a '1 I I s'ise 16 i i i i i i i � J� i i i i i i i i i i i i i i i i i i i i i i W W I I I fI 1 \ I V\ - w IUJ a V) Lu I I i I E z L ----iiiiiiiiiiii�► Page 22 Page 159 Item#12. ..,.+.. -w� �+o� w��„ ew.v„ wog owno wa swaxw+®ANai srvolslnsa ee.nmm s..sA canon .. - �� °��� �� —�nnV-gym L[51.4sPI6vfi13Nowd NdM1p83G .a 94988 QI NtlI01tl3N 9NIA3AaRS �.e 3AV NL'09NItld N8L59 eJ ilAlJ.7tlan10na18 e• •e oNl blo3w 0311ddtl w ,e.. 3N0 V3ilV-NVId 3dtlOSONVI wtl 3,,'� 'DNI'SL133NIeJN3 &"o'�';r'�� NOISIA1o0ZS3Otlld tl213d i S3IVIOOSSV'R-LAN s a {i e a 3 t m & 3 3 & $ 3 w ❑ W ® _ r =djp: a9 a OW W e $ = C7 ymm g w _ ? y g a �1 aP W U . fled �I�p�{� 6 oe�� Z ❑ I i I 2 � �, e a _ 38 '3�e� e F.a., � �,�' ��� s z.sE t c`e � fi J a5 � 00000000 oo U00000 T--: _j k I� Z'6l 33S-3NIlHaltlW I I 33S�3NIIHODM4 Tr O m I b, 3. a F-1 1 : w ° w cc IL Z -da a aa— '42i 1H�71�b18 N ~--d3� a3 -�-'_- Page 23 Page 160 Item#12. we woxr'JmN vf.Aae3rA.anwSoos amaa+w � ,ia Y alcl� �...ia Wx 4.� fmn� fMV-av WO�'3L'OE9fibS4Htlw9L YN S£OY9H9I6lN40a091Iefi'l1NwI94.I YYN6ea,1133�033W'n9NNahW aO381a HWLYS dA 9N Ol SNOIS,pIAgOgU ,9 uMo ivanionais O1 V3Nb- VId 3dVOSNdl -ONI`Sa33NrE3N3 w NJ N0191 08f153DV1d VH3d i S3IHIOOSStl•4 J11Atl31 �� LU Z ;. R m m , n h ., ,. - ClOM¢ &CAS LU Y w oo o 00 nu_ J ❑ e g C� a ON W a LLI CL 9@ g J i7li� a s D IT _ o w ' I z £'@�� ➢� 0g3g' �� .®� 8 0 g g i d 0t7Q 2oa = OQOC�oo � a UOOOOO �l�I -- �I 10 , I o ll 9 I I Aid J~ •_� W W I --- m I U � III --- `9' IL I I ------- I I n — -n_ _ PP II II •:� I I I � 1 rr,, Imo- _____ - jj I� V -- J r Q G. I IIII -------�--- �I W Ir I C a J �..�..�..� Z'1133S-3NIlHOltlW I � .. ..�O J 11133S-3NI1H�IVW Page 24 Page 161 Item#12. LANDSCAPELEGEND aU = a I m a a I TC`I tjE SEE L12 Ow L - - - / CHLINE SEE Li 3 _F 1 rnW 9 I vv vq id Y tl PLANT SCHEDULE ', J I cr �. ` F 3 y1I o R I i I I I IL I I ? I Lu I co I m ' _ I r I i1 r Z J a � � _ _ .a� o � Woo 4 — ajs r7k � CALLOUT LEGEND i +T v _W.. i EP MAIMII�rr��SOUTH `a ECK BAIRD ��ILANDSCAPE PLAN-AREA THREE 97 r'�'4' mR g t 1° - - - m ss Ho'reo L1.3 Page 25 Page 162 Item#12. D. Revised Open Space Exhibit / S kZ �a i i fi >W I auc ' I a Z g 4 Sb it o �o �o IL X t� 1n m 8 v.' Page 26 Page 163 Item#12. E. Conceptual Building Elevations AN Li won �TIIFII Page 27 Page 164 Item#12. VIII. CITY/AGENCY COMMENTS & CONDITIONS A. PLANNING DIVISION 1. A Development Agreement(DA) is required as a provision of annexation and rezone of this property. Prior to approval of the annexation and rezone ordinances,a new DA shall be entered into between the City of Meridian,the property owner(s)at the time of annexation and rezone ordinance adoption, and the developer. Pr-ioF to the City Couneil heaFing being annexed pr-opeFty under a new .A fee of$502.00 shall be paid at the time of application submittal. The DA shall be signed by the property owner(s) and returned to the Planning Division within six(6)months of the City Council granting the annexation and rezone. The DA shall, at minimum, incorporate the following provisions: a. Future development of this site shall be consistent with the approved plat, landscape plan, and conceptual building elevations included in Section VII and the provisions contained herein. b. The Applicant shall install and maintain lights along the micro-path proposed within the large open space lot in the northwest corner of the site(Lot 8,Block 1)to help with pedestrian safety and use of this open space area. c. With final plat submittal,the Applicant shall provide a copy of the executed agreement with the Poorman outparcel(Parcel#SO427325830) outlining the use,maintenance, and termination of the septic drain field that is part of the large open space lot in the northwest corner of the project, shown as Lot 8,Block 1. d. The Applicant shall construct an interim 5-foot wide sidewalk along the Poorman outparcel(Parcel#SO427325830)to eliminate the sidewalk gap on the east side of N. Black Cat Road and provide safe pedestrian access along this corridor. Coordinate with the transportation authority on approved construction methods for this interim sidewalk. zoning2. Pr-ier-to the City Cotmoil hearing,the Applieafft shall pr-evide a r-evised Rezone legal deser-iption and exhibit map for-the existing R 4 par-eel noting the rezone request to the R-9 district-. 3. The revised preliminary plat included in Section VII.B, dated September 17,2021, shall be revised as follows prior to submitting for Final Plat approval: a. Add a plat note stating that direct lot access to N. Black Cat Road is prohibited. b. Reese-theme^omelet(Lot 10,Bleek 1) for-the Peofman outpar-eel septie drain field and show it as paA of the larger-eon*nen lot(Lot 8,Bleek 1). 4. The landscape plan included in Section VII.C, dated October 7,2021, shall be revised as follows prior to submitting for Final Plat approval: a. Any landscaping within the ACHD right-of-way shall be landscaped in accord with UDC 11-3B-7C.5. 5. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. Page 28 Page 165 Item#12. 6. Off-street parking is required to be provided in accord with the standards listed in UDC Table 11-3C-6 for single-family dwellings based on the number of bedrooms per unit. 7. The Applicant shall comply with all ACHD conditions of approval. 8. Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11- 3A-15,UDC 11-313-6 and MCC 9-1-28. 9. Upon completion of the landscape installation, a written Certificate of Completion shall be submitted to the Planning Division verifying all landscape improvements are in substantial compliance with the approved landscape plan as set forth in UDC 11-3B-14. 10. The preliminary plat approval shall become null and void if the applicant fails to either: 1) obtain the City Engineer signature on a final plat within two years of the date of the approved findings; or 2)obtain approval of a time extension as set forth in UDC 11-613-7. B. PUBLIC WORKS Site Specific Conditions of Approval 1. The blow off at the west boundary of the subdivision must be removed. 2. The new blow off at the east boundary of the subdivision should be called out using Standard Drawing W 13. 3. City requires developers to provide sewer to and through this project to adjacent properties. In accordance with the to-and-through policy, sewer must be extended to 4448,4500, and 4520 W. Daphne Street. 4. Ensure no sewer service lines pass through infiltration trenches. 5. Ensure that angles of pipe into and out of manholes is a minimum of 90 degrees in the direction of flow. General Conditions of Approval 1. Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2. Per Meridian City Code(MCC),the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 3. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way(include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat,but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor,which must include the area of the easement(marked EXHIBIT A)and an 81/2"x I I"map with bearings and distances(marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to development plan approval. Page 29 Page 166 Item#12. 4. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single-point connection to the culinary water system shall be required. If a single-point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 5. All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. Any structures that are allowed to remain shall be subject to evaluation and possible reassignment of street addressing to be in compliance with MCC. 6. All irrigation ditches, canals, laterals,or drains, exclusive of natural waterways,intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. 7. Any wells that will not continue to be used must be properly abandoned according to Idaho Well Construction Standards Rules administered by the Idaho Department of Water Resources. The Developer's Engineer shall provide a statement addressing whether there are any existing wells in the development,and if so,how they will continue to be used, or provide record of their abandonment. 8. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections(208)375-5211. 9. Street signs are to be in place, sanitary sewer and water system shall be approved and activated, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded,prior to applying for building permits. 10. A letter of credit or cash surety in the amount of 110%will be required for all uncompleted fencing,landscaping, amenities, etc.,prior to signature on the final plat. 11. All improvements related to public life, safety and health shall be completed prior to occupancy of the structures.Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 12. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process,prior to the issuance of a plan approval letter. 13. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 14. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 15. Developer shall coordinate mailbox locations with the Meridian Post Office. 16. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 17. The design engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. Page 30 Page 167 Item#12. 18. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 19. At the completion of the project,the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 20. A street light plan will need to be included in the civil construction plans. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street Lighting.A copy of the standards can be found at http://www.meridiancily.orm/public works.aspx?id=272. 21. The City of Meridian requires that the owner post to the City a performance surety in the amount of 125%of the total construction cost for all incomplete sewer,water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit,cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 22. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20%of the total construction cost for all completed sewer,water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety,which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. C. FIRE DEPARTMENT hgps://weblink.meridiancity.org/WebLink/Doc View.asp x?id=236733&dbid=0&redo=MeridianC D. POLICE DEPARTMENT hgps://weblink.meridianci.v.org/WebLink/Doc View.asp x?id=237247&dbid=0&repo=MeridianC E. COMMUNITY PLANNING ASSOCIATION OF SOUTHWEST IDAHO(COMPASS) hgps://weblink.meridiancity.org/WebLink/Doc View.asp x?id=237895&dbid=0&redo=MeridianC hty F. WEST ADA SCHOOL DISTRICT(WASD) hgps://weblink.meridiancity.org/WebLink/DocView.ay x?id=238205&dbid=0&redo=MeridianC Lty Page 31 Page 168 Item#12. G. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https://weblink.meridianciN.org/WebLink/Doc View.aspx?id=23 7323&dbid=0&repo=MeridianC Lty H. COMMUNITY DEVELOPMENT SCHOOL IMPACT TABLE https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=239277&dbid=0&repo=Meridian C hty I. ADA COUNTY HIGHWAY DISTRICT(ACHD) https://weblink.meridiancity.org/WebLink/Doc View.aspx?id=240450&dbid=0&repo=Meridian C hty Page 32 Page 169 Item#12. IX. FINDINGS A. Annexation and Rezone(UDC 11-5B-3E) Required Findings: Upon recommendation from the commission,the council shall make a full investigation and shall,at the public hearing,review the application.In order to grant an annexation and/or rezone,the council shall make the following findings: 1. The map amendment complies with the applicable provisions of the comprehensive plan; Council finds the proposed zoning map amendment to annex the property into the City of Meridian with the R-8 zoning district and Rezone a portion of the project from R-4 to the R-8 zoning district with the proposed preliminary plat and site design is consistent with the Comprehensive Plan, if all conditions of approval are met. 2. The map amendment complies with the regulations outlined for the proposed districts, specifically the purpose statement; Council finds the proposed zoning map amendment and the request for the development complies with the regulations outlined in the requested R-8 zoning district and is consistent with the purpose statement of the requested zone. 3. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Council finds the proposed zoning map amendment should not be detrimental to the public health, safety and welfare. 4. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the city including,but not limited to, school districts; and Council finds the proposed zoning map amendment will not result in an adverse impact on the delivery of services by any political subdivision providing public services within the City. 5. The annexation(as applicable)is in the best interest of city. Council finds the annexation is in the best interest of the City. B. Preliminary Plat Findings: In consideration of a preliminary plat,combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: 1. The plat is in conformance with the Comprehensive Plan; Council finds that the proposed plat is in substantial compliance with the adopted Comprehensive Plan in regard to land use, density, transportation, and pedestrian connectivity. (Please see Comprehensive Plan Policies in, Section V of this report for more information) 2. Public services are available or can be made available and are adequate to accommodate the proposed development; Council finds that public services will be provided to the subject property with development. (See Section VIII of the Staff Report for more details from public service providers) 3. The plat is in conformance with scheduled public improvements in accord with the City's Page 33 Page 170 Item#12. capital improvement program; Because City water and sewer and any other utilities will be provided by the development at their own cost, Council finds that the subdivision will not require the expenditure of capital improvement funds. 4. There is public financial capability of supporting services for the proposed development; Council finds there is public financial capability of supporting services for the proposed development based upon comments from the public service providers(i.e.,Police,Fire,ACHD, etc). (See Section VII for more information.) 5. The development will not be detrimental to the public health,safety or general welfare; and, Council is not aware of any health, safety, or environmental problems associated with the platting of this property. ACHD considers road safety issues in their analysis and has offered their support of the proposed development with the proposed road layout in mind. 6. The development preserves significant natural, scenic or historic features. Council is unaware of any significant natural, scenic or historic features that exist on this site that require preserving. Page 34 Page 171 Item#13. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: AIA A141 Design-Build Agreement for the Design Phase of the Discovery Park Skatepark to Evergreen Skateparks, LLC for the Not-To-Exceed Amount of$20,250.00 Page 172 Item#13. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 2/1/2022 Presenter: N/A Estimated Time: N/A Topic: AIA A141 Design-Build Agreement for the Design Phase of the Discovery Park Skatepark to Evergreen Skateparks LLC for the Not-To-Exceed Amount of$20,250. Recommended Council Action: Background: This agreement has been prepared and approved by City Legal staff. Page 173 AIA Document A141 " - 2014 Standard Form of Agreement Between Owner and Design-Builder AGREEMENT made as of the 18th day of January in the year 2022 (In words, indicate day, month and year) BETWEEN the Owner: ADDITIONS AND DELETIONS: (Name, legal status, address and other information) The author of this document has added information needed for its City of Meridian completion.The author may also have revised the text of the original Department of Parks and Recreation AIA standard form.An Additions and 33 E.Broadway Avenue Deletions Report that notes added Meridian,Idaho 83642 information as well as revisions to the standard form text is available from and the Design-Builder: the author and should be reviewed.A (Name, legal status, address and other information) vertical line in the left margin of this document indicates where the author Evergreen Skateparks LLC has added necessary information 5327 SE 691h and where the author has added to or Portland,OR 97206 deleted from the original AIA text. This document has important legal consequences.Consultation with an for the following Project: attorney is encouraged with respect (Name, location and detailed description) to its completion or modification. Discovery Park Phase 11 Consultation with an attorney is also Skatepark Design-Build encouraged with respect to professional licensing requirements in the jurisdiction where the Project is The Owner and Design-Builder agree as follows. located. Init. AIA Document A141--2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may only be used in 1 accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1297564529) Item#13. TABLE OF ARTICLES 1 GENERAL PROVISIONS 2 COMPENSATION AND PROGRESS PAYMENTS 3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN-BUILD CONTRACT 4 WORK PRIOR TO EXECUTION OF THE DESIGN-BUILD AMENDMENT 5 WORK FOLLOWING EXECUTION OF THE DESIGN-BUILD AMENDMENT 6 CHANGES IN THE WORK 7 OWNER'S RESPONSIBILITIES 8 TIME 9 PAYMENT APPLICATIONS AND PROJECT COMPLETION 10 PROTECTION OF PERSONS AND PROPERTY 11 UNCOVERING AND CORRECTION OF WORK 12 COPYRIGHTS AND LICENSES 13 TERMINATION OR SUSPENSION 14 CLAIMS AND DISPUTE RESOLUTION 15 MISCELLANEOUS PROVISIONS 16 SCOPE OF THE AGREEMENT TABLE OF EXHIBITS A DESIGN-BUILD AMENDMENT B INSURANCE AND BONDS C SUSTAINABLE PROJECTS ARTICLE 1 GENERAL PROVISIONS § 1.1 Owner's Criteria This Agreement is based on the Owner's Criteria set forth in this Section 1.1. (Note the disposition for the following items by inserting the requested information or a statement such as "not applicable"or "unknown at time of execution."If the Owner intends to provide a set of design documents, and the requested information is contained in the design documents, identify the design documents and insert"see Owner's design documents"where appropriate.) OWNERS DESIGN PRIORITIES FOR A 20,000+SQUARE FOOT CUSTOM CONCRETE SKATEPARK: • Design of a skatepark that is uniquely Idaho in appearance,fits into the overall Park through visual appeal and landscaping by incorporating local materials and elements. • Design of the skatepark has a true a sense of place. • Design of a skatepark that incorporates a signature element. • Design of a skatepark that serves skateboards,bicycles and scooters. • Design of a skatepark that serves a wide spectrum of abilities from beginners to advanced users. Init. AIA Document A141 T-—2014.Copyright©2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 175 User Notes: (1297 Item#13. • Design of a skatepark that incorporates a wide variety of different elements,such as stairs,rails,ramps, bowls,and open spaces. • Design of a skatepark that provides proper space and flow between elements. • Design of one or more areas dedicated to gathering and socialization. (Paragraphs deleted) § 1.1.3 The Project's physical characteristics: (Identify or describe, if appropriate, size, location, dimensions, or other pertinent information, such as geotechnical reports;site, boundary and topographic surveys; traffic and utility studies;availability of public and private utilities and services;legal description of the site;etc) To be determined. § 1.1.4 The Owner's anticipated Sustainable Objective for the Project,if any: None (Identify the Owner's Sustainable Objective for the Project such as Sustainability Certification, benefit to the environment, enhancement to the health and well-being of building occupants, or improvement of energy efficiency.If the Owner identifies a Sustainable Objective, incorporate AIA Document A141T"--2014,Exhibit C, Sustainable Projects, into this Agreement to define the terms, conditions and Work related to the Owner's Sustainable Objective.) § 1.1.5 Incentive programs the Owner intends to pursue for the Project,including those related to the Sustainable Objective,and any deadlines for receiving the incentives that are dependent on,or related to,the Design-Builder's services,are as follows: None (Identify incentive programs the Owner intends to pursue for the Project and deadlines for submitting or applying for the incentive programs) § 1.1.6 The Owner's budget for the Work to be provided by the Design-Builder is set forth below: (Provide total for Owner's budget, and if known, a line item breakdown of costs.) $20,250 for design,$550,000 for construction. Or as modified by the parties in writing. § 1.1.7 The Owner's design and construction milestone dates: .1 Design phase milestone dates: Completed construction documents by 7/l/22 .2 Submission of Design-Builder Proposal: 7/15/22 .3 Phased completion dates: Notice to proceed 9/l/22 .4 Substantial Completion date: 7/15/2023 Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 176 User Notes: (1297 Item#13. .5 Other milestone dates: Final completion 8/l/2023 § 1.1.8 The Owner requires the Design-Builder to retain the following Architect,Consultants and Contractors at the Design-Builder's cost: (List name, legal status, address and other information) .1 Architect Mears Design Group .2 Consultants TBD .3 Contractors Evergreen Skate Parks § 1.1.9 Additional Owner's Criteria upon which the Agreement is based: (Identify special characteristics or needs of the Project not identified elsewhere,such as historic preservation requirements) § 1.1.10 The Design-Builder shall confirm that the information included in the Owner's Criteria complies with applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities. § 1.1.10.1 If the Owner's Criteria conflicts with applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities,the Design-Builder shall notify the Owner of the conflict. § 1.1.11 If there is a change in the Owner's Criteria,the Owner and the Design-Builder shall execute a Modification in accordance with Article 6. § 1.1.12 If the Owner and Design-Builder intend to transmit Instruments of Service or any other information or documentation in digital form,they shall endeavor to establish necessary protocols governing such transmissions. Unless otherwise agreed,the parties will use AIA Document E203T14-2013 to establish the protocols for the development,use,transmission,and exchange of digital data and building information modeling. § 1.2 Project Team § 1.2.1 The Owner identifies the following representative in accordance with Section 7.1.1: (List name, address and other information.) Mike Barton § 1.2.2 The persons or entities,in addition to the Owner's representative,who are required to review the Design-Builder's Submittals are as follows:Mike Barton (List name, address and other information) Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 177 User Notes: (1297 Item#13. § 1.2.3 The Owner will retain the following consultants and separate contractors: (List discipline, scope of work, and, if known, identify by name and address) § 1.2.4 The Design-Builder identifies the following representative in accordance with Section 3.1.2: (List name, address and other information) Billy Coulon Evergreen Skate Parks § 1.2.5 Neither the Owner's nor the Design-Builder's representative shall be changed without ten days'written notice to the other party. § 1.3 Binding Dispute Resolution For any Claim subject to,but not resolved by,mediation pursuant to Section 14.3,the method of binding dispute resolution shall be the following: (Check the appropriate box.If the Owner and Design-Builder do not select a method of binding dispute resolution below, or do not subsequently agree in writing to a binding dispute resolution other than litigation, Claims will be resolved by litigation in a court of competent jurisdiction) [ ] Arbitration pursuant to Section 14.4 [ X ] Litigation in a court of competent jurisdiction [ ] Other: (Spec) § 1.4 Definitions § 1.4.1 Design-Build Documents.The Design-Build Documents consist of this Agreement between Owner and Design-Builder and its attached Exhibits(hereinafter,the"Agreement");other documents listed in this Agreement; and Modifications issued after execution of this Agreement.A Modification is(1)a written amendment to the Contract signed by both parties,including the Design-Build Amendment,(2)a Change Order,or(3)a Change Directive. § 1.4.2 The Contract.The Design-Build Documents form the Contract.The Contract represents the entire and integrated agreement between the parties and supersedes prior negotiations,representations or agreements,either written or oral.The Contract may be amended or modified only by a Modification.The Design-Build Documents shall not be construed to create a contractual relationship of any kind between any persons or entities other than the Owner and the Design-Builder. § 1.4.3 The Work.The term"Work"means the design,construction and related services required to fulfill the Design-Builder's obligations under the Design-Build Documents,whether completed or partially completed,and includes all labor,materials,equipment and services provided or to be provided by the Design-Builder.The Work may constitute the whole or apart of the Project. § 1.4.4 The Project.The Project is the total design and construction of which the Work performed under the Design-Build Documents may be the whole or a part,and may include design and construction by the Owner and by separate contractors. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 178 User Notes: (1297 Item#13. § 1.4.5 Instruments of Service.Instruments of Service are representations,in any medium of expression now known or later developed,of the tangible and intangible creative work performed by the Design-Builder,Contractor(s), Architect,and Consultant(s)under their respective agreements.Instruments of Service may include,without limitation,studies,surveys,models,sketches,drawings,specifications,digital models and other similar materials. § 1.4.6 Submittal.A Submittal is any submission to the Owner for review and approval demonstrating how the Design-Builder proposes to conform to the Design-Build Documents for those portions of the Work for which the Design-Build Documents require Submittals. Submittals include,but are not limited to,shop drawings,product data, and samples. Submittals are not Design-Build Documents unless incorporated into a Modification. § 1.4.7 Owner.The Owner is the person or entity identified as such in the Agreement and is referred to throughout the Design-Build Documents as if singular in number.The term"Owner"means the Owner or the Owner's authorized representative. § 1.4.8 Design-Builder.The Design-Builder is the person or entity identified as such in the Agreement and is referred to throughout the Design-Build Documents as if singular in number.The term"Design-Builder"means the Design-Builder or the Design-Builder's authorized representative. § 1.4.9 Consultant.A Consultant is a person or entity providing professional services for the Design-Builder for all or a portion of the Work,and is referred to throughout the Design-Build Documents as if singular in number.To the extent required by the relevant jurisdiction,the Consultant shall be lawfully licensed to provide the required professional services. § 1.4.10 Architect.The Architect is a person or entity providing design services for the Design-Builder for all or a portion of the Work,and is lawfully licensed to practice architecture in the applicable jurisdiction.The Architect is referred to throughout the Design-Build Documents as if singular in number. § 1.4.11 Contractor.A Contractor is a person or entity performing all or a portion of the construction,required in connection with the Work,for the Design-Builder.The Contractor shall be lawfully licensed,if required in the jurisdiction where the Project is located.The Contractor is referred to throughout the Design-Build Documents as if singular in number and means a Contractor or an authorized representative of the Contractor. § 1.4.12 Confidential Information.Confidential Information is information containing confidential or business proprietary information that is clearly marked as"confidential." § 1.4.13 Contract Time.Unless otherwise provided,Contract Time is the period of time,including authorized adjustments,as set forth in the Design-Build Amendment for Substantial Completion of the Work. § 1.4.14 Day.The term"day"as used in the Design-Build Documents shall mean calendar day unless otherwise specifically defined. § 1.4.15 Contract Sum.The Contract Sum is the amount to be paid to the Design-Builder for performance of the Work after execution of the Design-Build Amendment,as identified in Article A.1 of the Design-Build Amendment. ARTICLE 2 COMPENSATION AND PROGRESS PAYMENTS § 2.1 Compensation for Work Performed Prior To Execution of Design-Build Amendment § 2.1.1 Unless otherwise agreed,payments for Work performed prior to Execution of the Design-Build Amendment shall be made monthly.For the Design-Builder's performance of Work prior to the execution of the Design-Build Amendment,the Owner shall compensate the Design-Builder as follows: (Insert amount of, or basis for, compensation, including compensation for any Sustainability Services, or indicate the exhibit in which the information is provided.If there will be a limit on the total amount of compensation for Work performed prior to the execution of the Design-Build Amendment, state the amount of the limit.) 50%of Design Fee at 50%design,with balance at 100%design § 2.1.2 The hourly billing rates for services of the Design-Builder and the Design-Builder's Architect,Consultants and Contractors,if any,are set forth below. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 179 User Notes: (1297 Item#13. (If applicable, attach an exhibit of hourly billing rates or insert them below) none Individual or Position Rate § 2.1.3 Compensation for Reimbursable Expenses Prior To Execution of Design-Build Amendment § 2.1.3.1 Reimbursable Expenses are in addition to compensation set forth in Section 2.1.1 and 2.1.2 and include expenses,directly related to the Project,incurred by the Design-Builder and the Design-Builder's Architect, Consultants,and Contractors,as follows: None—Reimbursables included in fee(s) .1 .2 .3 (Paragraphs deleted) § 2.1.3.2 For Reimbursable Expenses,the compensation shall be the expenses the Design-Builder and the Design-Builder's Architect,Consultants and Contractors incurred,plus an administrative fee of n/a percent( n/a %) of the expenses incurred. § 2.1.4 Payments to the Design-Builder Prior To Execution of Design-Build Amendment § 2.1.4.1 Payments are due and payable upon presentation of the Design-Builder's (Paragraphs deleted) complete and accurate invoice: ,net 30 days. Owner's funds have been budgeted and Owner makes every effort to make payments in a timely manner. Owner does not pay interest in the event of delayed payments. (Paragraph deleted) § 2.2 Contract Sum and Payment for Work Performed After Execution of Design-Build Amendment For the Design-Builder's performance of the Work after execution of the Design-Build Amendment,the Owner shall pay to the Design-Builder the Contract Sum in current funds as agreed in the Design-Build Amendment. ARTICLE 3 GENERAL REQUIREMENTS OF THE WORK OF THE DESIGN-BUILD CONTRACT § 3.1 General § 3.1.1 The Design-Builder shall comply with any applicable licensing requirements in the jurisdiction where the Project is located. § 3.1.2 The Design-Builder shall designate in writing a representative who is authorized to act on the Design-Builder's behalf with respect to the Project. § 3.1.3 The Design-Builder shall perform the Work in accordance with the Design-Build Documents.The Design-Builder shall not be relieved of the obligation to perform the Work in accordance with the Design-Build Documents by the activities,tests,inspections or approvals of the Owner. § 3.1.3.1 The Design-Builder shall perform the Work in compliance with applicable laws,statutes,ordinances,codes, rules and regulations,or lawful orders of public authorities.If the Design-Builder performs Work contrary to applicable laws,statutes,ordinances,codes,rules and regulations,and lawful orders of public authorities,the Design-Builder shall assume responsibility for such Work and shall bear the costs attributable to correction. § 3.1.3.2 Neither the Design-Builder nor any Contractor,Consultant,or Architect shall be obligated to perform any act which they believe will violate any applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of public authorities.If the Design-Builder determines that implementation of any instruction received from the Owner,including those in the Owner's Criteria,would cause a violation of any applicable laws,statutes,ordinances, codes,rules and regulations,or lawful orders of public authorities,the Design-Builder shall notify the Owner in writing.Upon verification by the Owner that a change to the Owner's Criteria is required to remedy the violation,the Owner and the Design-Builder shall execute a Modification in accordance with Article 6. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 180 User Notes: (1297 Item#13. § 3.1.4 The Design-Builder shall be responsible to the Owner for acts and omissions of the Design-Builder's employees,Architect,Consultants,Contractors,and their agents and employees,and other persons or entities performing portions of the Work. § 3.1.5 General Consultation.The Design-Builder shall schedule and conduct periodic meetings with the Owner to review matters such as procedures,progress,coordination,and scheduling of the Work. § 3.1.6 When applicable law requires that services be performed by licensed professionals,the Design-Builder shall provide those services through qualified,licensed professionals.The Owner understands and agrees that the services of the Design-Builder's Architect and the Design-Builder's other Consultants are performed in the sole interest of,and for the exclusive benefit of,the Design-Builder. § 3.1.7 The Design-Builder,with the assistance of the Owner,shall prepare and file documents required to obtain necessary approvals of governmental authorities having jurisdiction over the Project. § 3.1.8 Progress Reports § 3.1.8.1 The Design-Builder shall keep the Owner informed of the progress and quality of the (Paragraphs deleted) Work on an as-needed basis. (Paragraphs deleted) § 3.1.9 Design-Builder's Schedules § 3.1.9.1 The Design-Builder,promptly after execution of this Agreement,shall prepare and submit for the Owner's information a schedule for the Work. The schedule,including the time required for design and construction,shall not exceed time limits current under the Design-Build Documents,shall be revised at appropriate intervals as required by the conditions of the Work and Project,shall be related to the entire Project to the extent required by the Design-Build Documents,shall provide for expeditious and practicable execution of the Work,and shall include allowances for periods of time required for the Owner's review and for approval of submissions by authorities having jurisdiction over the Project. § 3.1.9.2 The Design-Builder shall perform the Work in general accordance with the most recent schedules submitted to the Owner. § 3.1.10 Certifications.Upon the Owner's written request,the Design-Builder shall obtain from the Architect, Consultants,and Contractors,and furnish to the Owner,certifications with respect to the documents and services provided by the Architect,Consultants,and Contractors(a)that,to the best of their knowledge,information and belief, the documents or services to which the certifications relate(i)are consistent with the Design-Build Documents,except to the extent specifically identified in the certificate,and(ii)comply with applicable laws,statutes,ordinances,codes, rules and regulations,or lawful orders of public authorities governing the design of the Project;and(b)that the Owner and its consultants shall be entitled to rely upon the accuracy of the representations and statements contained in the certifications.The Design-Builder's Architect,Consultants,and Contractors shall not be required to execute certificates or consents that would require knowledge,services or responsibilities beyond the scope of their services. § 3.1.11 Design-Builder's Submittals § 3.1.11.1 Prior to submission of any Submittals,the Design-Builder shall prepare a Submittal schedule,and shall submit the schedule for the Owner's approval.The Owner's approval shall not unreasonably be delayed or withheld. The Submittal schedule shall(1)be coordinated with the Design-Builder's schedule provided in Section 3.1.9.1, (2)allow the Owner reasonable time to review Submittals,and(3)be periodically updated to reflect the progress of the Work.If the Design-Builder fails to submit a Submittal schedule,the Design-Builder shall not be entitled to any increase in Contract Sum or extension of Contract Time based on the time required for review of Submittals. § 3.1.11.2 By providing Submittals the Design-Builder represents to the Owner that it has(1)reviewed and approved them,(2)determined and verified materials,field measurements and field construction criteria related thereto,or will do so and(3)checked and coordinated the information contained within such Submittals with the requirements of the Work and of the Design-Build Documents. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 181 User Notes: (1297 Item#13. § 3.1.11.3 The Design-Builder shall perform no portion of the Work for which the Design-Build Documents require Submittals until the Owner has approved the respective Submittal. § 3.1.11.4 The Work shall be in accordance with approved Submittals except that the Design-Builder shall not be relieved of its responsibility to perform the Work consistent with the requirements of the Design-Build Documents. The Work may deviate from the Design-Build Documents only if the Design-Builder has notified the Owner in writing of a deviation from the Design-Build Documents at the time of the Submittal and a Modification is executed authorizing the identified deviation.The Design-Builder shall not be relieved of responsibility for errors or omissions in Submittals by the Owner's approval of the Submittals. § 3.1.11.5 All professional design services or certifications to be provided by the Design-Builder,including all drawings,calculations,specifications,certifications,shop drawings and other Submittals,shall contain the signature and seal of the licensed design professional preparing them.Submittals related to the Work designed or certified by the licensed design professionals,if prepared by others,shall bear the licensed design professional's written approval.The Owner and its consultants shall be entitled to rely upon the adequacy,accuracy and completeness of the services, certifications or approvals performed by such design professionals. § 3.1.12 Warranty.The Design-Builder warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Design-Build Documents require or permit otherwise. The Design-Builder further warrants that the Work will conform to the requirements of the Design-Build Documents and will be free from defects,except for those inherent in the quality of the Work or otherwise expressly permitted by the Design-Build Documents.Work,materials,or equipment not conforming to these requirements may be considered defective.The Design-Builder's warranty excludes remedy for damage or defect caused by abuse,alterations to the Work not executed by the Design-Builder,improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage.If required by the Owner,the Design-Builder shall furnish satisfactory evidence as to the kind and quality of materials and equipment. [warranty period is two years from Final Completion] § 3.1.13 Royalties, Patents and Copyrights § 3.1.13.1 The Design-Builder shall pay all royalties and license fees. § 3.1.13.2 The Design-Builder shall defend suits or claims for infringement of copyrights and patent rights and shall hold the Owner and its separate contractors and consultants harmless from loss on account thereof,but shall not be responsible for such defense or loss when a particular design,process or product of a particular manufacturer or manufacturers is required by the Owner,or where the copyright violations are required in the Owner's Criteria. However,if the Design-Builder has reason to believe that the design,process or product required in the Owner's Criteria is an infringement of a copyright or a patent,the Design-Builder shall be responsible for such loss unless such information is promptly furnished to the Owner.If the Owner receives notice from a patent or copyright owner of an alleged violation of a patent or copyright,attributable to the Design-Builder,the Owner shall give prompt written notice to the Design-Builder. § 3.1.14 Indemnification § 3.1.14.1 To the fullest extent permitted by law,the Design-Builder shall indemnify and hold harmless the Owner, including the Owner's agents and employees,from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work,but only to the extent caused by the negligent acts or omissions of the Design-Builder,Architect,a Consultant,a Contractor,or anyone directly or indirectly employed by them or anyone for whose acts they may be liable. Such obligation shall not be construed to negate,abridge,or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 3.1.14. § 3.1.14.2 The indemnification obligation under this Section 3.1.14 shall not be limited by a limitation on amount or type of damages,compensation,or benefits payable by or for Design-Builder,Architect,a Consultant,a Contractor,or anyone directly or indirectly employed by them,under workers' compensation acts,disability benefit acts or other employee benefit acts. § 3.1.15 Contingent Assignment of Agreements § 3.1.15.1 Each agreement for a portion of the Work is assigned by the Design-Builder to the Owner,provided that Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 182 User Notes: (1297 Item#13. .1 assignment is effective only after termination of the Contract by the Owner for cause,pursuant to Sections 13.1.4 or 13.2.2,and only for those agreements that the Owner accepts by written notification to the Design-Builder and the Architect,Consultants,and Contractors whose agreements are accepted for assignment;and .2 assignment is subject to the prior rights of the surety,if any,obligated under bond relating to the Contract. When the Owner accepts the assignment of an agreement,the Owner assumes the Design-Builder's rights and obligations under the agreement. § 3.1.15.2 Upon such assignment,if the Work has been suspended for more than 30 days,the compensation under the assigned agreement shall be equitably adjusted for increases in cost resulting from the suspension. § 3.1.15.3 Upon such assignment to the Owner under this Section 3.1.15,the Owner may further assign the agreement to a successor design-builder or other entity.If the Owner assigns the agreement to a successor design-builder or other entity,the Owner shall nevertheless remain legally responsible for all of the successor design-builder's or other entity's obligations under the agreement. § 3.1.16 Design-Builder's Insurance and Bonds.The Design-Builder shall purchase and maintain insurance and provide bonds as set forth in Exhibit B. ARTICLE 4 WORK PRIOR TO EXECUTION OF THE DESIGN-BUILD AMENDMENT § 4.1 General § 4.1.1 Any information submitted by the Design-Builder,and any interim decisions made by the Owner,shall be for the purpose of facilitating the design process and shall not modify the Owner's Criteria unless the Owner and Design-Builder execute a Modification. § 4.1.2 The Design-Builder shall advise the Owner on proposed site use and improvements,selection of materials,and building systems and equipment.The Design-Builder shall also provide the Owner with recommendations,consistent with the Owner's Criteria,on constructability;availability of materials and labor;time requirements for procurement, installation and construction;and factors related to construction cost including,but not limited to,costs of alternative designs or materials,preliminary budgets,life-cycle data,and possible cost reductions. § 4.2 Evaluation of the Owner's Criteria § 4.2.1 The Design-Builder shall schedule and conduct meetings with the Owner and any other necessary individuals or entities to discuss and review the Owner's Criteria as set forth in Section 1.1.The Design-Builder shall thereafter again meet with the Owner to discuss a preliminary evaluation of the Owner's Criteria.The preliminary evaluation shall address possible alternative approaches to design and construction of the Project and include the Design-Builder's recommendations,if any,with regard to accelerated or fast-track scheduling,procurement,or phased construction. The preliminary evaluation shall consider cost information,constructability,and procurement and construction scheduling issues. § 4.2.2 After the Design-Builder meets with the Owner and presents the preliminary evaluation,the Design-Builder shall provide a written report to the Owner,summarizing the Design-Builder's evaluation of the Owner's Criteria.The report shall also include .1 allocations of program functions,detailing each function and their square foot areas; .2 a preliminary estimate of the Cost of the Work,and,if necessary,recommendations to adjust the Owner's Criteria to conform to the Owner's budget; .3 a preliminary schedule,which shall include proposed design milestones;dates for receiving additional information from,or for work to be completed by,the Owner;anticipated date for the Design-Builder's Proposal;and dates of periodic design review sessions with the Owner;and .4 the following: (List additional information, if any, to be included in the Design-Builder's written report.) Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 183 User Notes: (1297 Item#13. § 4.2.3 The Owner shall review the Design-Builder's written report and,if acceptable,provide the Design-Builder with written consent to proceed to the development of the Preliminary Design as described in Section 4.3.The consent to proceed shall not be understood to modify the Owner's Criteria unless the Owner and Design-Builder execute a Modification. § 4.3 Preliminary Design § 4.3.1 Upon the Owner's issuance of a written consent to proceed under Section 4.2.3,the Design-Builder shall prepare and submit a Preliminary Design to the Owner.The Preliminary Design shall include a report identifying any deviations from the Owner's Criteria,and shall include the following: .1 Confirmation of the allocations of program functions; .2 Site plan; .3 Building plans,sections and elevations; .4 Structural system; .5 Selections of major building systems,including but not limited to mechanical,electrical and plumbing systems;and .6 Outline specifications or sufficient drawing notes describing construction materials. The Preliminary Design may include some combination of physical study models,perspective sketches,or digital modeling. § 4.3.2 The Owner shall review the Preliminary Design and,if acceptable,provide the Design-Builder with written consent to proceed to development of the Design-Builder's Proposal.The Preliminary Design shall not modify the Owner's Criteria unless the Owner and Design-Builder execute a Modification. § 4.4 Design-Builder's Proposal § 4.4.1 Upon the Owner's issuance of a written consent to proceed under Section 4.3.2,the Design-Builder shall prepare and submit the Design-Builder's Proposal to the Owner. The Design-Builder's Proposal shall include the following: .1 A list of the Preliminary Design documents and other information,including the Design-Builder's clarifications,assumptions and deviations from the Owner's Criteria,upon which the Design-Builder's Proposal is based; .2 The proposed Contract Sum,including the compensation method and Guaranteed Maximum Price.; .3 The proposed date the Design-Builder shall achieve Substantial Completion; .4 An enumeration of any qualifications and exclusions,if applicable; .5 A list of the Design-Builder's key personnel,Contractors and suppliers;and .6 The date on which the Design-Builder's Proposal expires. § 4.4.2 Submission of the Design-Builder's Proposal shall constitute a representation by the Design-Builder that it has visited the site and become familiar with local conditions under which the Work is to be completed. § 4.4.3 If the Owner and Design-Builder agree on a proposal,the Owner and Design-Builder shall execute the Design-Build Amendment setting forth the terms of their agreement. ARTICLE 5 WORK PRIOR TO AND FOLLOWING EXECUTION OF THE DESIGN-BUILD AMENDMENT § 5.1 Construction Documents § 5.1.1 Prior to execution of the Design-Build Amendment,the Design-Builder shall prepare Construction Documents.The Construction Documents shall establish the quality levels of materials and systems required.The Construction Documents shall be consistent with the Design-Build Documents. The Guaranteed Maximum Price shall be based on 100%complete Construction Documents. § 5.1.2 The Design-Builder shall provide the Construction Documents to the Owner for the Owner's information.If the Owner discovers any deviations between the Construction Documents and the Design-Build Documents,the Owner shall promptly notify the Design-Builder of such deviations in writing.The Construction Documents shall not modify the Design-Build Documents unless the Owner and Design-Builder execute a Modification.The failure of the Owner to discover any such deviations shall not relieve the Design-Builder of the obligation to perform the Work in accordance with the Design-Build Documents. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 184 User Notes: (1297 Item#13. § 5.2 Construction § 5.2.1 Commencement.Except as permitted in Section 5.2.2,construction shall not commence prior to execution of the Design-Build Amendment. § 5.2.2 If the Owner and Design-Builder agree in writing,construction may proceed prior to the execution of the Design-Build Amendment.However,such authorization shall not waive the Owner's right to reject the Design-Builder's Proposal. § 5.2.3 The Design-Builder shall supervise and direct the Work,using the Design-Builder's best skill and attention. The Design-Builder shall be solely responsible for,and have control over,construction means,methods,techniques, sequences and procedures,and for coordinating all portions of the Work under the Contract,unless the Design-Build Documents give other specific instructions concerning these matters. § 5.2.4 The Design-Builder shall be responsible for inspection of portions of Work already performed to determine that such portions are in proper condition to receive subsequent Work. § 5.3 Labor and Materials § 5.3.1 Unless otherwise provided in the Design-Build Documents,the Design-Builder shall provide and pay for labor, materials,equipment,tools,construction equipment and machinery,water,heat,utilities,transportation,and other facilities and services,necessary for proper execution and completion of the Work,whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work. § 5.3.2 When a material or system is specified in the Design-Build Documents,the Design-Builder may make substitutions only in accordance with Article 6. § 5.3.3 The Design-Builder shall enforce strict discipline and good order among the Design-Builder's employees and other persons carrying out the Work.The Design-Builder shall not permit employment of unfit persons or persons not properly skilled in tasks assigned to them. § 5.4 Taxes The Design-Builder shall pay sales,consumer,use and similar taxes,for the Work provided by the Design-Builder, that are legally enacted when the Design-Build Amendment is executed,whether or not yet effective or merely scheduled to go into effect. § 5.5 Permits, Fees, Notices and Compliance with Laws § 5.5.1 Unless otherwise provided in the Design-Build Documents,the Design-Builder shall secure and pay for the building permit as well as any other permits,fees,licenses,and inspections by government agencies,necessary for proper execution of the Work and Substantial Completion of the Project. § 5.5.2 The Design-Builder shall comply with and give notices required by applicable laws,statutes,ordinances, codes,rules and regulations,and lawful orders of public authorities,applicable to performance of the Work. § 5.5.3 Concealed or Unknown Conditions.If the Design-Builder encounters conditions at the site that are (1)subsurface or otherwise concealed physical conditions that differ materially from those indicated in the Design-Build Documents or(2)unknown physical conditions of an unusual nature that differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Design-Build Documents,the Design-Builder shall promptly provide notice to the Owner before conditions are disturbed and in no event later than 21 days after first observance of the conditions.The Owner shall promptly investigate such conditions and,if the Owner determines that they differ materially and cause an increase or decrease in the Design-Builder's cost of,or time required for,performance of any part of the Work,shall recommend an equitable adjustment in the Contract Sum or Contract Time,or both.If the Owner determines that the conditions at the site are not materially different from those indicated in the Design-Build Documents and that no change in the terms of the Contract is justified,the Owner shall promptly notify the Design-Builder in writing,stating the reasons.If the Design-Builder disputes the Owner's determination or recommendation,the Design-Builder may proceed as provided in Article 14. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 185 User Notes: (1297 Item#13. § 5.5.4 If,in the course of the Work,the Design-Builder encounters human remains,or recognizes the existence of burial markers,archaeological sites,or wetlands,not indicated in the Design-Build Documents,the Design-Builder shall immediately suspend any operations that would affect them and shall notify the Owner.Upon receipt of such notice,the Owner shall promptly take any action necessary to obtain governmental authorization required to resume the operations.The Design-Builder shall continue to suspend such operations until otherwise instructed by the Owner but shall continue with all other operations that do not affect those remains or features.Requests for adjustments in the Contract Sum and Contract Time arising from the existence of such remains or features may be made as provided in Article 14. (Paragraphs deleted) § 5.7 Key Personnel, Contractors and Suppliers § 5.7.1 The Design-Builder shall not employ personnel,or contract with Contractors or suppliers to whom the Owner has made reasonable and timely objection.The Design-Builder shall not be required to contract with anyone to whom the Design-Builder has made reasonable and timely objection. § 5.7.2 If the Design-Builder changes any of the personnel,Contractors or suppliers identified in the Design-Build Amendment,the Design-Builder shall notify the Owner and provide the name and qualifications of the new personnel, Contractor or supplier.The Owner may reply within 14 days to the Design-Builder in writing,stating(1)whether the Owner has reasonable objection to the proposed personnel,Contractor or supplier or(2)that the Owner requires additional time to review.Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. § 5.7.3 Except for those persons or entities already identified or required in the Design-Build Amendment,the Design-Builder,as soon as practicable after execution of the Design-Build Amendment,shall furnish in writing to the Owner the names of persons or entities(including those who are to furnish materials or equipment fabricated to a special design)proposed for each principal portion of the Work.The Owner may reply within 14 days to the Design-Builder in writing stating(1)whether the Owner has reasonable objection to any such proposed person or entity or(2)that the Owner requires additional time for review.Failure of the Owner to reply within the 14-day period shall constitute notice of no reasonable objection. § 5.7.3.1 If the Owner has reasonable objection to a person or entity proposed by the Design-Builder,the Design-Builder shall propose another to whom the Owner has no reasonable objection.If the rejected person or entity was reasonably capable of performing the Work,the Contract Sum and Contract Time shall be increased or decreased by the difference,if any,occasioned by such change,and an appropriate Change Order shall be issued before commencement of the substitute person or entity's Work.However,no increase in the Contract Sum or Contract Time shall be allowed for such change unless the Design-Builder has acted promptly and responsively in submitting names as required. § 5.8 Documents and Submittals at the Site The Design-Builder shall maintain at the site for the Owner one copy of the Design-Build Documents and a current set of the Construction Documents,in good order and marked currently to indicate field changes and selections made during construction,and one copy of approved Submittals.The Design-Builder shall deliver these items to the Owner in accordance with Section 9.10.2 as a record of the Work as constructed. § 5.9 Use of Site The Design-Builder shall confine operations at the site to areas permitted by applicable laws,statutes,ordinances, codes,rules and regulations,lawful orders of public authorities,and the Design-Build Documents,and shall not unreasonably encumber the site with materials or equipment. § 5.10 Cutting and Patching The Design-Builder shall not cut,patch or otherwise alter fully or partially completed construction by the Owner or a separate contractor except with written consent of the Owner and of such separate contractor;such consent shall not be unreasonably withheld.The Design-Builder shall not unreasonably withhold from the Owner or a separate contractor the Design-Builder's consent to cutting or otherwise altering the Work. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 186 User Notes: (1297 Item#13. § 5.11 Cleaning Up § 5.11.1 The Design-Builder shall keep the premises and surrounding area free from accumulation of waste materials or rubbish caused by operations under the Contract.At completion of the Work,the Design-Builder shall remove waste materials,rubbish,the Design-Builder's tools,construction equipment,machinery and surplus materials from and about the Project. § 5.11.2 If the Design-Builder fails to clean up as provided in the Design-Build Documents,the Owner may do so and Owner shall be entitled to reimbursement from the Design-Builder. § 5.12 Access to Work The Design-Builder shall provide the Owner and its separate contractors and consultants access to the Work in preparation and progress wherever located.The Design-Builder shall notify the Owner regarding Project safety criteria and programs,which the Owner,and its contractors and consultants,shall comply with while at the site. (Paragraphs deleted) § 5.13.1.4 Unless otherwise provided in the Design-Build Documents,when the Owner performs construction or operations related to the Project with the Owner's own forces or separate contractors,the Owner shall be deemed to be subject to the same obligations,and to have the same rights,that apply to the Design-Builder under the Contract. § 5.14 Mutual Responsibility § 5.14.1 The Design-Builder shall afford the Owner and separate contractors reasonable opportunity for introduction and storage of their materials and equipment and performance of their activities,and shall connect and coordinate the Design-Builder's construction and operations with theirs as required by the Design-Build Documents. § 5.14.2 If part of the Design-Builder's Work depends upon construction or operations by the Owner or a separate contractor,the Design-Builder shall,prior to proceeding with that portion of the Work,prepare a written report to the Owner,identifying apparent discrepancies or defects in the construction or operations by the Owner or separate contractor that would render it unsuitable for proper execution and results of the Design-Builder's Work.Failure of the Design-Builder to report shall constitute an acknowledgment that the Owner's or separate contractor's completed or partially completed construction is fit and proper to receive the Design-Builder's Work,except as to defects not then reasonably discoverable. § 5.14.3 The Design-Builder shall reimburse the Owner for costs the Owner incurs that are payable to a separate contractor because of the Design-Builder's delays,improperly timed activities or defective construction.The Owner shall be responsible to the Design-Builder for costs the Design-Builder incurs because of a separate contractor's delays,improperly timed activities,damage to the Work or defective construction. § 5.14.4 The Design-Builder shall promptly remedy damage the Design-Builder wrongfully causes to completed or partially completed construction or to property of the Owner or separate contractors as provided in Section 10.2.5. § 5.14.5 The Owner and each separate contractor shall have the same responsibilities for cutting and patching the Work as the Design-Builder has with respect to the construction of the Owner or separate contractors in Section 5.10. § 5.15 Owner's Right to Clean Up If a dispute arises among the Design-Builder,separate contractors and the Owner as to the responsibility under their respective contracts for maintaining the premises and surrounding area free from waste materials and rubbish,the Owner may clean up and will allocate the cost among those responsible. ARTICLE 6 CHANGES IN THE WORK § 6.1 General § 6.1.1 Changes in the Work may be accomplished after execution of the Contract,and without invalidating the Contract,by Change Order or Change Directive,subject to the limitations stated in this Article 6 and elsewhere in the Design-Build Documents. § 6.1.2 A Change Order shall be based upon agreement between the Owner and Design-Builder.The Owner may issue a Change Directive without agreement by the Design-Builder. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 187 User Notes: (1297 Item#13. § 6.1.3 Changes in the Work shall be performed under applicable provisions of the Design-Build Documents,and the Design-Builder shall proceed promptly,unless otherwise provided in the Change Order or Change Directive. § 6.2 Change Orders A Change Order is a written instrument signed by the Owner and Design-Builder stating their agreement upon all of the following: .1 The change in the Work; .2 The amount of the adjustment,if any,in the Contract Sum or,if prior to execution of the Design-Build Amendment,the adjustment in the Design-Builder's compensation;and .3 The extent of the adjustment,if any,in the Contract Time. § 6.3 Change Directives § 6.3.1 A Change Directive is a written order signed by the Owner directing a change in the Work prior to agreement on adjustment,if any,in the Contract Sum or,if prior to execution of the Design-Build Amendment,the adjustment in the Design-Builder's compensation,or Contract Time.The Owner may by Change Directive,without invalidating the Contract,order changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum or,if prior to execution of the Design-Build Amendment,the adjustment in the Design-Builder's compensation,and Contract Time being adjusted accordingly. § 6.3.2 A Change Directive shall be used in the absence of total agreement on the terms of a Change Order. § 6.3.3 If the Change Directive provides for an adjustment to the Contract Sum or,if prior to execution of the Design-Build Amendment,an adjustment in the Design-Builder's compensation,the adjustment shall be based on one of the following methods: .1 Mutual acceptance of a lump sum properly itemized and supported by sufficient substantiating data to permit evaluation; .2 Unit prices stated in the Design-Build Documents or subsequently agreed upon; .3 Cost to be determined in a manner agreed upon by the parties and a mutually acceptable fixed or percentage fee;or .4 As provided in Section 6.3.7. § 6.3.4 If unit prices are stated in the Design-Build Documents or subsequently agreed upon,and if quantities originally contemplated are materially changed in a proposed Change Order or Change Directive so that application of such unit prices to quantities of Work proposed will cause substantial inequity to the Owner or Design-Builder,the applicable unit prices shall be equitably adjusted. § 6.3.5 Upon receipt of a Change Directive,the Design-Builder shall promptly proceed with the change in the Work involved and advise the Owner of the Design-Builder's agreement or disagreement with the method,if any,provided in the Change Directive for determining the proposed adjustment in the Contract Sum or,if prior to execution of the Design-Build Amendment,the adjustment in the Design-Builder's compensation,or Contract Time. § 6.3.6 A Change Directive signed by the Design-Builder indicates the Design-Builder's agreement therewith, including adjustment in Contract Sum or,if prior to execution of the Design-Build Amendment,the adjustment in the Design-Builder's compensation,and Contract Time or the method for determining them. Such agreement shall be effective immediately and shall be recorded as a Change Order. § 6.3.7 If the Design-Builder does not respond promptly or disagrees with the method for adjustment in the Contract Sum or,if prior to execution of the Design-Build Amendment,the method for adjustment in the Design-Builder's compensation,the Owner shall determine the method and the adjustment on the basis of reasonable expenditures and savings of those performing the Work attributable to the change,including,in case of an increase,an amount for overhead and profit as set forth in the Agreement,or if no such amount is set forth in the Agreement,a reasonable amount.In such case,and also under Section 6.3.3.3,the Design-Builder shall keep and present,in such form as the Owner may prescribe,an itemized accounting together with appropriate supporting data.Unless otherwise provided in the Design-Build Documents,costs for the purposes of this Section 6.3.7 shall be limited to the following: .1 Additional costs of professional services; .2 Costs of labor,including social security,unemployment insurance,fringe benefits required by agreement or custom,and workers' compensation insurance; Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 188 User Notes: (1297 Item#13. .3 Costs of materials, supplies and equipment,including cost of transportation,whether incorporated or consumed; .4 Rental costs of machinery and equipment,exclusive of hand tools,whether rented from the Design-Builder or others; .5 Costs of premiums for all bonds and insurance,permit fees,and sales,use or similar taxes related to the Work;and .6 Additional costs of supervision and field office personnel directly attributable to the change. § 6.3.8 The amount of credit to be allowed by the Design-Builder to the Owner for a deletion or change that results in a net decrease in the Contract Sum or,if prior to execution of the Design-Build Amendment,in the Design-Builder's compensation,shall be actual net cost.When both additions and credits covering related Work or substitutions are involved in a change,the allowance for overhead and profit shall be figured on the basis of net increase,if any,with respect to that change. § 6.3.9 Pending final determination of the total cost of a Change Directive to the Owner,the Design-Builder may request payment for Work completed under the Change Directive in Applications for Payment.The Owner will make an interim determination for purposes of certification for payment for those costs deemed to be reasonably justified. The Owner's interim determination of cost shall adjust the Contract Sum or,if prior to execution of the Design-Build Amendment,the Design-Builder's compensation,on the same basis as a Change Order,subject to the right of Design-Builder to disagree and assert a Claim in accordance with Article 14. § 6.3.10 When the Owner and Design-Builder agree with a determination concerning the adjustments in the Contract Sum or,if prior to execution of the Design-Build Amendment,the adjustment in the Design-Builder's compensation and Contract Time,or otherwise reach agreement upon the adjustments,such agreement shall be effective immediately and the Owner and Design-Builder shall execute a Change Order.Change Orders may be issued for all or any part of a Change Directive. ARTICLE 7 OWNER'S RESPONSIBILITIES § 7.1 General § 7.1.1 The Owner shall designate in writing a representative who shall have express authority to bind the Owner with respect to all Project matters requiring the Owner's approval or authorization. § 7.1.2 The Owner shall render decisions in a timely manner and in accordance with the Design-Builder's schedule agreed to by the Owner. The Owner shall furnish to the Design-Builder,within 15 days after receipt of a written request,information necessary and relevant for the Design-Builder to evaluate,give notice of or enforce mechanic's lien rights. Such information shall include a correct statement of the record legal title to the property on which the Project is located,usually referred to as the site,and the Owner's interest therein. § 7.2 Information and Services Required of the Owner § 7.2.1 The Owner shall furnish information or services required of the Owner by the Design-Build Documents with reasonable promptness. § 7.2.2 The Owner shall provide,to the extent under the Owner's control and if not required by the Design-Build Documents to be provided by the Design-Builder,the results and reports of prior tests,inspections or investigations conducted for the Project involving structural or mechanical systems;chemical,air and water pollution;hazardous materials;or environmental and subsurface conditions and information regarding the presence of pollutants at the Project site.Upon receipt of a written request from the Design-Builder,the Owner shall also provide surveys describing physical characteristics,legal limitations and utility locations for the site of the Project,and a legal description of the site under the Owner's control. § 7.2.3 The Owner shall promptly obtain easements,zoning variances,and legal authorizations or entitlements regarding site utilization where essential to the execution of the Project. § 7.2.4 The Owner shall cooperate with the Design-Builder in securing building and other permits,licenses and inspections. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 189 User Notes: (1297 Item#13. §7.2.5 The services,information,surveys and reports required to be provided by the Owner under this Agreement, shall be furnished at the Owner's expense,and except as otherwise specifically provided in this Agreement or elsewhere in the Design-Build Documents or to the extent the Owner advises the Design-Builder to the contrary in writing,the Design-Builder shall be entitled to rely upon the accuracy and completeness thereof.In no event shall the Design-Builder be relieved of its responsibility to exercise proper precautions relating to the safe performance of the Work. § 7.2.6 If the Owner observes or otherwise becomes aware of a fault or defect in the Work or non-conformity with the Design-Build Documents,the Owner shall give prompt written notice thereof to the Design-Builder. § 7.2.7 Prior to the execution of the Design-Build Amendment,the Design-Builder may request in writing that the Owner provide reasonable evidence that the Owner has made financial arrangements to fulfill the Owner's obligations under the Design-Build Documents and the Design-Builder's Proposal.Thereafter,the Design-Builder may only request such evidence if(1)the Owner fails to make payments to the Design-Builder as the Design-Build Documents require;(2)a change in the Work materially changes the Contract Sum;or(3)the Design-Builder identifies in writing a reasonable concern regarding the Owner's ability to make payment when due. The Owner shall furnish such evidence as a condition precedent to commencement or continuation of the Work or the portion of the Work affected by a material change.After the Owner furnishes the evidence,the Owner shall not materially vary such financial arrangements without prior notice to the Design-Builder. § 7.2.8 Except as otherwise provided in the Design-Build Documents or when direct communications have been specially authorized,the Owner shall communicate through the Design-Builder with persons or entities employed or retained by the Design-Builder. § 7.2.9 Unless required by the Design-Build Documents to be provided by the Design-Builder,the Owner shall,upon request from the Design-Builder,furnish the services of geotechnical engineers or other consultants for investigation of subsurface,air and water conditions when such services are reasonably necessary to properly carry out the design services furnished by the Design-Builder.In such event,the Design-Builder shall specify the services required. Such services may include,but are not limited to,test borings,test pits,determinations of soil bearing values,percolation tests,evaluations of hazardous materials,ground corrosion and resistivity tests,and necessary operations for anticipating subsoil conditions.The services of geotechnical engineer(s)or other consultants shall include preparation and submission of all appropriate reports and professional recommendations. § 7.2.10 The Owner shall purchase and maintain insurance as set forth in Exhibit B. § 7.3 Submittals § 7.3.1 The Owner shall review and approve or take other appropriate action on Submittals.Review of Submittals is not conducted for the purpose of determining the accuracy and completeness of other details,such as dimensions and quantities;or for substantiating instructions for installation or performance of equipment or systems;or for determining that the Submittals are in conformance with the Design-Build Documents,all of which remain the responsibility of the Design-Builder as required by the Design-Build Documents.The Owner's action will be taken in accordance with the submittal schedule approved by the Owner or,in the absence of an approved submittal schedule, with reasonable promptness while allowing sufficient time in the Owner's judgment to permit adequate review.The Owner's review of Submittals shall not relieve the Design-Builder of the obligations under Sections 3.1.11,3.1.12, and 5.2.3.The Owner's review shall not constitute approval of safety precautions or,unless otherwise specifically stated by the Owner,of any construction means,methods,techniques,sequences or procedures.The Owner's approval of a specific item shall not indicate approval of an assembly of which the item is a component. § 7.3.2 Upon review of the Submittals required by the Design-Build Documents,the Owner shall notify the Design-Builder of any non-conformance with the Design-Build Documents the Owner discovers. § 7.4 Visits to the site by the Owner shall not be construed to create an obligation on the part of the Owner to make on-site inspections to check the quality or quantity of the Work. The Owner shall neither have control over or charge of,nor be responsible for,the construction means,methods,techniques,sequences or procedures,or for the safety precautions and programs in connection with the Work,because these are solely the Design-Builder's rights and responsibilities under the Design-Build Documents. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may onl I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 190 User Notes: (1297 Item#13. § 7.5 The Owner shall not be responsible for the Design-Builder's failure to perform the Work in accordance with the requirements of the Design-Build Documents. The Owner shall not have control over or charge of,and will not be responsible for acts or omissions of the Design-Builder,Architect,Consultants,Contractors,or their agents or employees,or any other persons or entities performing portions of the Work for the Design-Builder. § 7.6 The Owner has the authority to reject Work that does not conform to the Design-Build Documents.The Owner shall have authority to require inspection or testing of the Work in accordance with Section 15.5.2,whether or not such Work is fabricated,installed or completed.However,neither this authority of the Owner nor a decision made in good faith either to exercise or not to exercise such authority shall give rise to a duty or responsibility of the Owner to the Design-Builder,the Architect,Consultants,Contractors,material and equipment suppliers,their agents or employees, or other persons or entities performing portions of the Work. § 7.7 The Owner shall determine the date or dates of Substantial Completion in accordance with Section 9.8 and the date of final completion in accordance with Section 9.10. § 7.8 Owner's Right to Stop Work If the Design-Builder fails to correct Work which is not in accordance with the requirements of the Design-Build Documents as required by Section 11.2 or persistently fails to carry out Work in accordance with the Design-Build Documents,the Owner may issue a written order to the Design-Builder to stop the Work,or any portion thereof,until the cause for such order has been eliminated;however,the right of the Owner to stop the Work shall not give rise to a duty on the part of the Owner to exercise this right for the benefit of the Design-Builder or any other person or entity, except to the extent required by Section 5.13.1.3. § 7.9 Owner's Right to Carry Out the Work If the Design-Builder defaults or neglects to carry out the Work in accordance with the Design-Build Documents and fails within a ten-day period after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness,the Owner may,without prejudice to other remedies the Owner may have,correct such deficiencies.In such case,an appropriate Change Order shall be issued deducting from payments then or thereafter due the Design-Builder the reasonable cost of correcting such deficiencies.If payments then or thereafter due the Design-Builder are not sufficient to cover such amounts,the Design-Builder shall pay the difference to the Owner. ARTICLE 8 TIME § 8.1 Progress and Completion § 8.1.1 Time limits stated in the Design-Build Documents are of the essence of the Contract.By executing the Design-Build Amendment the Design-Builder confirms that the Contract Time is a reasonable period for performing the Work. § 8.1.2 The Design-Builder shall not,except by agreement of the Owner in writing,commence the Work prior to the effective date of insurance,other than property insurance,required by this Contract.The Contract Time shall not be adjusted as a result of the Design-Builder's failure to obtain insurance required under this Contract. § 8.1.3 The Design-Builder shall proceed expeditiously with adequate forces and shall achieve Substantial Completion within the Contract Time. § 8.2 Delays and Extensions of Time § 8.2.1 If the Design-Builder is delayed at any time in the commencement or progress of the Work by an act or neglect of the Owner or of a consultant or separate contractor employed by the Owner;or by changes ordered in the Work by the Owner;or by labor disputes,fire,unusual delay in deliveries,unavoidable casualties or other causes beyond the Design-Builder's control;or by delay authorized by the Owner pending mediation and binding dispute resolution or by other causes that the Owner determines may justify delay,then the Contract Time shall be extended by Change Order for such reasonable time as the Owner may determine. § 8.2.2 Claims relating to time shall be made in accordance with applicable provisions of Article 14. § 8.2.3 This Section 8.2 does not preclude recovery of damages for delay by either party under other provisions of the Design-Build Documents. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 191 User Notes: (1297 Item#13. ARTICLE 9 PAYMENT APPLICATIONS AND PROJECT COMPLETION § 9.1 Contract Sum The Contract Sum is stated in the Design-Build Amendment. § 9.2 Schedule of Values Where the Contract Sum is based on a stipulated sum or Guaranteed Maximum Price,the Design-Builder,prior to the first Application for Payment after execution of the Design-Build Amendment shall submit to the Owner a schedule of values allocating the entire Contract Sum to the various portions of the Work and prepared in such form and supported by such data to substantiate its accuracy as the Owner may require.This schedule,unless objected to by the Owner, shall be used as a basis for reviewing the Design-Builder's Applications for Payment. § 9.3 Applications for Payment § 9.3.1 At least ten days before the date established for each progress payment,the Design-Builder shall submit to the Owner an itemized Application for Payment for completed portions of the Work.The application shall be notarized,if required,and supported by data substantiating the Design-Builder's right to payment as the Owner may require,such as copies of requisitions from the Architect,Consultants,Contractors,and material suppliers,and shall reflect retainage if provided for in the Design-Build Documents. § 9.3.1.1 As provided in Section 6.3.9,Applications for Payment may include requests for payment on account of changes in the Work that have been properly authorized by Change Directives,or by interim determinations of the Owner,but not yet included in Change Orders. § 9.3.1.2 Applications for Payment shall not include requests for payment for portions of the Work for which the Design-Builder does not intend to pay the Architect,Consultant,Contractor,material supplier,or other persons or entities providing services or work for the Design-Builder,unless such Work has been performed by others whom the Design-Builder intends to pay. § 9.3.2 Unless otherwise provided in the Design-Build Documents,payments shall be made for services provided as well as materials and equipment delivered and suitably stored at the site for subsequent incorporation in the Work.If approved in advance by the Owner,payment may similarly be made for materials and equipment suitably stored off the site at a location agreed upon in writing.Payment for materials and equipment stored on or off the site shall be conditioned upon compliance by the Design-Builder with procedures satisfactory to the Owner to establish the Owner's title to such materials and equipment or otherwise protect the Owner's interest,and shall include the costs of applicable insurance, storage and transportation to the site for such materials and equipment stored off the site. § 9.3.3 The Design-Builder warrants that title to all Work,other than Instruments of Service,covered by an Application for Payment will pass to the Owner no later than the time of payment.The Design-Builder further warrants that,upon submittal of an Application for Payment,all Work for which Certificates for Payment have been previously issued and payments received from the Owner shall,to the best of the Design-Builder's knowledge, information and belief,be free and clear of liens,claims,security interests or encumbrances in favor of the Design-Builder,Architect,Consultants,Contractors,material suppliers,or other persons or entities entitled to make a claim by reason of having provided labor,materials and equipment relating to the Work. § 9.4 Certificates for Payment The Owner shall,within seven days after receipt of the Design-Builder's Application for Payment,issue to the Design-Builder a Certificate for Payment indicating the amount the Owner determines is properly due,and notify the Design-Builder in writing of the Owner's reasons for withholding certification in whole or in part as provided in Section 9.5.1. § 9.5 Decisions to Withhold Certification § 9.5.1 The Owner may withhold a Certificate for Payment in whole or in part to the extent reasonably necessary to protect the Owner due to the Owner's determination that the Work has not progressed to the point indicated in the Design-Builder's Application for Payment,or the quality of the Work is not in accordance with the Design-Build Documents.If the Owner is unable to certify payment in the amount of the Application,the Owner will notify the Design-Builder as provided in Section 9.4.If the Design-Builder and Owner cannot agree on a revised amount,the Owner will promptly issue a Certificate for Payment for the amount that the Owner deems to be due and owing.The Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 192 User Notes: (1297 Item#13. Owner may also withhold a Certificate for Payment or,because of subsequently discovered evidence,may nullify the whole or a part of a Certificate for Payment previously issued to such extent as may be necessary to protect the Owner from loss for which the Design-Builder is responsible because of .1 defective Work,including design and construction,not remedied; .2 third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to the Owner is provided by the Design-Builder; .3 failure of the Design-Builder to make payments properly to the Architect,Consultants,Contractors or others,for services,labor,materials or equipment; .4 reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum; .5 damage to the Owner or a separate contractor; .6 reasonable evidence that the Work will not be completed within the Contract Time,and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay;or .7 repeated failure to carry out the Work in accordance with the Design-Build Documents. § 9.5.2 When the above reasons for withholding certification are removed,certification will be made for amounts previously withheld. § 9.5.3 If the Owner withholds certification for payment under Section 9.5.1.3,the Owner may,at its sole option,issue joint checks to the Design-Builder and to the Architect or any Consultants,Contractor,material or equipment suppliers,or other persons or entities providing services or work for the Design-Builder to whom the Design-Builder failed to make payment for Work properly performed or material or equipment suitably delivered. § 9.6 Progress Payments § 9.6.1 After the Owner has issued a Certificate for Payment,the Owner shall make payment in the manner and within the time provided in the Design-Build Documents. § 9.6.2 The Design-Builder shall pay each Architect,Consultant,Contractor,and other person or entity providing services or work for the Design-Builder no later than the time period required by applicable law,but in no event more than seven days after receipt of payment from the Owner the amount to which the Architect,Consultant,Contractor, and other person or entity providing services or work for the Design-Builder is entitled,reflecting percentages actually retained from payments to the Design-Builder on account of the portion of the Work performed by the Architect, Consultant,Contractor,or other person or entity. The Design-Builder shall,by appropriate agreement with each Architect,Consultant,Contractor,and other person or entity providing services or work for the Design-Builder, require each Architect,Consultant,Contractor,and other person or entity providing services or work for the Design-Builder to make payments to subconsultants and subcontractors in a similar manner. § 9.6.3 The Owner will,on request and if practicable,furnish to the Architect,a Consultant,Contractor,or other person or entity providing services or work for the Design-Builder,information regarding percentages of completion or amounts applied for by the Design-Builder and action taken thereon by the Owner on account of portions of the Work done by such Architect,Consultant,Contractor or other person or entity providing services or work for the Design-Builder. § 9.6.4 The Owner has the right to request written evidence from the Design-Builder that the Design-Builder has properly paid the Architect,Consultants,Contractors, or other person or entity providing services or work for the Design-Builder,amounts paid by the Owner to the Design-Builder for the Work.If the Design-Builder fails to furnish such evidence within seven days,the Owner shall have the right to contact the Architect,Consultants,and Contractors to ascertain whether they have been properly paid.The Owner shall have no obligation to pay or to see to the payment of money to a Consultant or Contractor,except as may otherwise be required by law. § 9.6.5 Design-Builder payments to material and equipment suppliers shall be treated in a manner similar to that provided in Sections 9.6.2,9.6.3 and 9.6.4. § 9.6.6 A Certificate for Payment,a progress payment,or partial or entire use or occupancy of the Project by the Owner shall not constitute acceptance of Work not in accordance with the Design-Build Documents. §9.6.7 Unless the Design-Builder provides the Owner with a payment bond in the full penal sum of the Contract Sum, payments received by the Design-Builder for Work properly performed by the Architect,Consultants,Contractors and Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 193 User Notes: (1297 Item#13. other person or entity providing services or work for the Design-Builder,shall be held by the Design-Builder for the Architect and those Consultants,Contractors,or other person or entity providing services or work for the Design-Builder,for which payment was made by the Owner.Nothing contained herein shall require money to be placed in a separate account and not commingled with money of the Design-Builder,shall create any fiduciary liability or tort liability on the part of the Design-Builder for breach of trust or shall entitle any person or entity to an award of punitive damages against the Design-Builder for breach of the requirements of this provision. § 9.7 Failure of Payment If the Owner does not issue a Certificate for Payment,through no fault of the Design-Builder,within the time required by the Design-Build Documents,then the Design-Builder may,upon seven additional days'written notice to the Owner,stop the Work until payment of the amount owing has been received.The Contract Time shall be extended appropriately and the Contract Sum shall be increased by the amount of the Design-Builder's reasonable costs of shut-down,delay and start-up,plus interest as provided for in the Design-Build Documents. § 9.8 Substantial Completion § 9.8.1 Substantial Completion is the stage in the progress of the Work when the Work or designated portion thereof is sufficiently complete in accordance with the Design-Build Documents so that the Owner can occupy or utilize the Work for its intended use.The date of Substantial Completion is the date certified by the Owner in accordance with this Section 9.8. § 9.8.2 When the Design-Builder considers that the Work,or a portion thereof which the Owner agrees to accept separately,is substantially complete,the Design-Builder shall prepare and submit to the Owner a comprehensive list of items to be completed or corrected prior to final payment.Failure to include an item on such list does not alter the responsibility of the Design-Builder to complete all Work in accordance with the Design-Build Documents. § 9.8.3 Upon receipt of the Design-Builder's list,the Owner shall make an inspection to determine whether the Work or designated portion thereof is substantially complete.If the Owner's inspection discloses any item,whether or not included on the Design-Builder's list,which is not sufficiently complete in accordance with the Design-Build Documents so that the Owner can occupy or utilize the Work or designated portion thereof for its intended use,the Design-Builder shall,before issuance of the Certificate of Substantial Completion,complete or correct such item upon notification by the Owner.In such case,the Design-Builder shall then submit a request for another inspection by the Owner to determine Substantial Completion. § 9.8.4 Prior to issuance of the Certificate of Substantial Completion under Section 9.8.5,the Owner and Design-Builder shall discuss and then determine the parties' obligations to obtain and maintain property insurance following issuance of the Certificate of Substantial Completion. § 9.8.5 When the Work or designated portion thereof is substantially complete,the Design-Builder will prepare for the Owner's signature a Certificate of Substantial Completion that shall,upon the Owner's signature,establish the date of Substantial Completion;establish responsibilities of the Owner and Design-Builder for security,maintenance,heat, utilities,damage to the Work and insurance;and fix the time within which the Design-Builder shall finish all items on the list accompanying the Certificate.Warranties required by the Design-Build Documents shall commence on the date of Substantial Completion of the Work or designated portion thereof unless otherwise provided in the Certificate of Substantial Completion. § 9.8.6 The Certificate of Substantial Completion shall be submitted by the Design-Builder to the Owner for written acceptance of responsibilities assigned to it in the Certificate.Upon the Owner's acceptance,and consent of surety,if any,the Owner shall make payment of retainage applying to the Work or designated portion thereof.Payment shall be adjusted for Work that is incomplete or not in accordance with the requirements of the Design-Build Documents. § 9.9 Partial Occupancy or Use § 9.9.1 The Owner may occupy or use any completed or partially completed portion of the Work at any stage when such portion is designated by separate agreement with the Design-Builder,provided such occupancy or use is consented to,by endorsement or otherwise,by the insurer providing property insurance and authorized by public authorities having jurisdiction over the Project. Such partial occupancy or use may commence whether or not the portion is substantially complete,provided the Owner and Design-Builder have accepted in writing the responsibilities assigned to each of them for payments,retainage,if any,security,maintenance,heat,utilities,damage to the Work and Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 194 User Notes: (1297 Item#13. insurance,and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Design-Build Documents.When the Design-Builder considers a portion substantially complete,the Design-Builder shall prepare and submit a list to the Owner as provided under Section 9.8.2.Consent of the Design-Builder to partial occupancy or use shall not be unreasonably withheld.The stage of the progress of the Work shall be determined by written agreement between the Owner and Design-Builder. § 9.9.2 Immediately prior to such partial occupancy or use,the Owner and Design-Builder shall jointly inspect the area to be occupied or portion of the Work to be used in order to determine and record the condition of the Work. § 9.9.3 Unless otherwise agreed upon,partial occupancy or use of a portion or portions of the Work shall not constitute acceptance of Work not complying with the requirements of the Design-Build Documents. § 9.10 Final Completion and Final Payment § 9.10.1 Upon receipt of the Design-Builder's written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment,the Owner will promptly make such inspection.When the Owner finds the Work acceptable under the Design-Build Documents and the Contract fully performed,the Owner will, subject to Section 9.10.2,promptly issue a final Certificate for Payment. § 9.10.2 Neither final payment nor any remaining retained percentage shall become due until the Design-Builder submits to the Owner(1)an affidavit that payrolls,bills for materials and equipment,and other indebtedness connected with the Work,for which the Owner or the Owner's property might be responsible or encumbered,(less amounts withheld by Owner)have been paid or otherwise satisfied,(2)a certificate evidencing that insurance required by the Design-Build Documents to remain in force after final payment is currently in effect,(3)a written statement that the Design-Builder knows of no substantial reason that the insurance will not be renewable to cover the period required by the Design-Build Documents,(4)consent of surety,if any,to final payment,(5)as-constructed record copy of the Construction Documents marked to indicate field changes and selections made during construction,(6) manufacturer's warranties,product data,and maintenance and operations manuals,and(7)if required by the Owner, other data establishing payment or satisfaction of obligations,such as receipts,or releases and waivers of liens,claims, security interests,or encumbrances,arising out of the Contract,to the extent and in such form as may be designated by the Owner.If an Architect,a Consultant,or a Contractor,or other person or entity providing services or work for the Design-Builder,refuses to furnish a release or waiver required by the Owner,the Design-Builder may furnish a bond satisfactory to the Owner to indemnify the Owner against such liens,claims,security interests,or encumbrances.If such liens,claims,security interests,or encumbrances remains unsatisfied after payments are made,the Design-Builder shall refund to the Owner all money that the Owner may be compelled to pay in discharging such liens,claims, security interests,or encumbrances,including all costs and reasonable attorneys' fees. § 9.10.3 If,after Substantial Completion of the Work,final completion thereof is materially delayed through no fault of the Design-Builder or by issuance of Change Orders affecting final completion,the Owner shall,upon application by the Design-Builder,and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed and accepted.If the remaining balance for Work not fully completed or corrected is less than retainage stipulated in the Design-Build Documents,and if bonds have been furnished,the written consent of surety to payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by the Design-Builder to the Owner prior to issuance of payment. Such payment shall be made under terms and conditions governing final payment,except that it shall not constitute a waiver of claims. § 9.10.4 The making of final payment shall constitute a waiver of Claims by the Owner except those arising from .1 liens,Claims,security interests or encumbrances arising out of the Contract and unsettled; .2 failure of the Work to comply with the requirements of the Design-Build Documents;or .3 terms of special warranties required by the Design-Build Documents. § 9.10.5 Acceptance of final payment by the Design-Builder shall constitute a waiver of claims by the Design-Builder except those previously made in writing and identified by the Design-Builder as unsettled at the time of final Application for Payment. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 195 User Notes: (1297 Item#13. ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY § 10.1 Safety Precautions and Programs The Design-Builder shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the performance of the Contract. § 10.2 Safety of Persons and Property § 10.2.1 The Design-Builder shall be responsible for precautions for the safety of,and reasonable protection to prevent damage,injury or loss to .1 employees on the Work and other persons who may be affected thereby; .2 the Work and materials and equipment to be incorporated therein,whether in storage on or off the site, under care,custody or control of the Design-Builder or the Architect,Consultants,or Contractors,or other person or entity providing services or work for the Design-Builder;and .3 other property at the site or adjacent thereto,such as trees,shrubs,lawns,walks,pavements,roadways, or structures and utilities not designated for removal,relocation or replacement in the course of construction. § 10.2.2 The Design-Builder shall comply with,and give notices required by,applicable laws,statutes,ordinances, codes,rules and regulations,and lawful orders of public authorities,bearing on safety of persons or property,or their protection from damage,injury or loss. § 10.2.3 The Design-Builder shall implement,erect,and maintain,as required by existing conditions and performance of the Contract,reasonable safeguards for safety and protection,including posting danger signs and other warnings against hazards,promulgating safety regulations,and notify owners and users of adjacent sites and utilities of the safeguards and protections. § 10.2.4 When use or storage of explosives or other hazardous materials or equipment,or unusual methods,are necessary for execution of the Work,the Design-Builder shall exercise utmost care,and carry on such activities under supervision of properly qualified personnel. § 10.2.5 The Design-Builder shall promptly remedy damage and loss(other than damage or loss insured under property insurance required by the Design-Build Documents)to property referred to in Sections 10.2.1.2 and 10.2.1.3, caused in whole or in part by the Design-Builder,the Architect,a Consultant,a Contractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts they may be liable and for which the Design-Builder is responsible under Sections 10.2.1.2 and 10.2.1.3;except damage or loss attributable to acts or omissions of the Owner,or anyone directly or indirectly employed by the Owner,or by anyone for whose acts the Owner may be liable, and not attributable to the fault or negligence of the Design-Builder.The foregoing obligations of the Design-Builder are in addition to the Design-Builder's obligations under Section 3.1.14. § 10.2.6 The Design-Builder shall designate a responsible member of the Design-Builder's organization,at the site, whose duty shall be the prevention of accidents.This person shall be the Design-Builder's superintendent unless otherwise designated by the Design-Builder in writing to the Owner. § 10.2.7 The Design-Builder shall not permit any part of the construction or site to be loaded so as to cause damage or create an unsafe condition. § 10.2.8 Injury or Damage to Person or Property.If the Owner or Design-Builder suffers injury or damage to person or property because of an act or omission of the other,or of others for whose acts such party is legally responsible, written notice of the injury or damage,whether or not insured,shall be given to the other party within a reasonable time not exceeding 21 days after discovery. The notice shall provide sufficient detail to enable the other party to investigate the matter. § 10.3 Hazardous Materials § 10.3.1 The Design-Builder is responsible for compliance with any requirements included in the Design-Build Documents regarding hazardous materials.If the Design-Builder encounters a hazardous material or substance not addressed in the Design-Build Documents and if reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance,including but not limited to asbestos or polychlorinated biphenyl(PCB),encountered on the site by the Design-Builder,the Design-Builder shall,upon Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 196 User Notes: (1297 Item#13. recognizing the condition,immediately stop Work in the affected area and report the condition to the Owner in writing. § 10.3.2 Upon receipt of the Design-Builder's written notice,the Owner shall obtain the services of a licensed laboratory to verify the presence or absence of the material or substance reported by the Design-Builder and,in the event such material or substance is found to be present,to cause it to be rendered harmless.Unless otherwise required by the Design-Build Documents,the Owner shall furnish in writing to the Design-Builder the names and qualifications of persons or entities who are to perform tests verifying the presence or absence of such material or substance or who are to perform the task of removal or safe containment of such material or substance.The Design-Builder will promptly reply to the Owner in writing stating whether or not the Design-Builder has reasonable objection to the persons or entities proposed by the Owner.If the Design-Builder has an objection to a person or entity proposed by the Owner,the Owner shall propose another to whom the Design-Builder has no reasonable objection.When the material or substance has been rendered harmless,Work in the affected area shall resume upon written agreement of the Owner and Design-Builder.By Change Order,the Contract Time shall be extended appropriately and the Contract Sum shall be increased in the amount of the Design-Builder's reasonable additional costs of shut-down,delay and start-up. § 10.3.3 To the fullest extent permitted by law,the Owner shall indemnify and hold harmless the Design-Builder,the Architect,Consultants,and Contractors,and employees of any of them,from and against claims,damages,losses and expenses,including but not limited to attorneys' fees,arising out of or resulting from performance of the Work in the affected area,if in fact the material or substance presents the risk of bodily injury or death as described in Section 10.3.1 and has not been rendered harmless,provided that such claim,damage,loss or expense is attributable to bodily injury,sickness,disease or death,or to injury to,or destruction of,tangible property(other than the Work itself),except to the extent that such damage,loss or expense is due to the fault or negligence of the party seeking indemnity. §10.3.4 The Owner shall not be responsible under this Section 10.3 for materials or substances the Design-Builder brings to the site unless such materials or substances are required by the Owner's Criteria.The Owner shall be responsible for materials or substances required by the Owner's Criteria,except to the extent of the Design-Builder's fault or negligence in the use and handling of such materials or substances. § 10.3.5 The Design-Builder shall indemnify the Owner for the cost and expense the Owner incurs(1)for remediation of a material or substance the Design-Builder brings to the site and negligently handles,or(2)where the Design-Builder fails to perform its obligations under Section 10.3.1,except to the extent that the cost and expense are due to the Owner's fault or negligence. § 10.3.6 If,without negligence on the part of the Design-Builder,the Design-Builder is held liable by a government agency for the cost of remediation of a hazardous material or substance solely by reason of performing Work as required by the Design-Build Documents,the Owner shall indemnify the Design-Builder for all cost and expense thereby incurred. § 10.4 Emergencies In an emergency affecting safety of persons or property,the Design-Builder shall act,at the Design-Builder's discretion,to prevent threatened damage,injury or loss. ARTICLE 11 UNCOVERING AND CORRECTION OF WORK § 11.1 Uncovering of Work The Owner may request to examine a portion of the Work that the Design-Builder has covered to determine if the Work has been performed in accordance with the Design-Build Documents.If such Work is in accordance with the Design-Build Documents,the Owner and Design-Builder shall execute a Change Order to adjust the Contract Time and Contract Sum,as appropriate.If such Work is not in accordance with the Design-Build Documents,the costs of uncovering and correcting the Work shall be at the Design-Builder's expense and the Design-Builder shall not be entitled to a change in the Contract Time unless the condition was caused by the Owner or a separate contractor in which event the Owner shall be responsible for payment of such costs and the Contract Time will be adjusted as appropriate. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 197 User Notes: (1297 Item#13. § 11.2 Correction of Work § 11.2.1 Before or After Substantial Completion.The Design-Builder shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Design-Build Documents,whether discovered before or after Substantial Completion and whether or not fabricated,installed or completed.Costs of correcting such rejected Work, including additional testing and inspections,the cost of uncovering and replacement,and compensation for any design consultant employed by the Owner whose expenses and compensation were made necessary thereby,shall be at the Design-Builder's expense. § 11.2.2 After Substantial Completion § 11.2.2.1 In addition to the Design-Builder's obligations under Section 3.1.12,if,within one year after the date of Substantial Completion of the Work or designated portion thereof or after the date for commencement of warranties established under Section 9.9.1,or by terms of an applicable special warranty required by the Design-Build Documents,any of the Work is found not to be in accordance with the requirements of the Design-Build Documents, the Design-Builder shall correct it promptly after receipt of written notice from the Owner to do so unless the Owner has previously given the Design-Builder a written acceptance of such condition.The Owner shall give such notice promptly after discovery of the condition.During the one-year period for correction of the Work,if the Owner fails to notify the Design-Builder and give the Design-Builder an opportunity to make the correction,the Owner waives the rights to require correction by the Design-Builder and to make a claim for breach of warranty.If the Design-Builder fails to correct nonconforming Work within a reasonable time during that period after receipt of notice from the Owner,the Owner may correct it in accordance with Section 7.9. § 11.2.2.2 The one-year period for correction of Work shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work. § 11.2.2.3 The one-year period for correction of Work shall not be extended by corrective Work performed by the Design-Builder pursuant to this Section 11.2. § 11.2.3 The Design-Builder shall remove from the site portions of the Work that are not in accordance with the requirements of the Design-Build Documents and are neither corrected by the Design-Builder nor accepted by the Owner. § 11.2.4 The Design-Builder shall bear the cost of correcting destroyed or damaged construction of the Owner or separate contractors,whether completed or partially completed,caused by the Design-Builder's correction or removal of Work that is not in accordance with the requirements of the Design-Build Documents. § 11.2.5 Nothing contained in this Section 11.2 shall be construed to establish a period of limitation with respect to other obligations the Design-Builder has under the Design-Build Documents.Establishment of the one-year period for correction of Work as described in Section 11.2.2 relates only to the specific obligation of the Design-Builder to correct the Work,and has no relationship to the time within which the obligation to comply with the Design-Build Documents may be sought to be enforced,nor to the time within which proceedings may be commenced to establish the Design-Builder's liability with respect to the Design-Builder's obligations other than specifically to correct the Work. § 11.3 Acceptance of Nonconforming Work If the Owner prefers to accept Work that is not in accordance with the requirements of the Design-Build Documents, the Owner may do so instead of requiring its removal and correction,in which case the Contract Sum will be reduced as appropriate and equitable. Such adjustment shall be effected whether or not final payment has been made. ARTICLE 12 COPYRIGHTS AND LICENSES § 12.1 Drawings,specifications,and other documents furnished by the Design-Builder,including those in electronic form,are Instruments of Service.The Design-Builder,and the Architect,Consultants,Contractors,and any other person or entity providing services or work for any of them,shall be deemed the authors and owners of their respective Instruments of Service,including the Drawings and Specifications,and shall retain all common law,statutory and other reserved rights,including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements,or for similar purposes in connection with the Project,is not to be construed as publication in Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 198 User Notes: (1297 Item#13. derogation of the reserved rights of the Design-Builder and the Architect,Consultants,and Contractors,and any other person or entity providing services or work for any of them. § 12.2 The Design-Builder and the Owner warrant that in transmitting Instruments of Service,or any other information,the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. § 12.3 Upon execution of the Agreement,the Design-Builder grants to the Owner a limited,irrevocable and non-exclusive license to use the Instruments of Service solely and exclusively for purposes of constructing,using, maintaining,altering and adding to the Project,provided that the Owner substantially performs its obligations, including prompt payment of all sums when due,under the Design-Build Documents.The license granted under this section permits the Owner to authorize its consultants and separate contractors to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project.If the Design-Builder rightfully terminates this Agreement for cause as provided in Section 13.1.4 or 13.2.1 the license granted in this Section 12.3 shall terminate. § 12.3.1 The Design-Builder shall obtain non-exclusive licenses from the Architect,Consultants,and Contractors,that will allow the Design-Builder to satisfy its obligations to the Owner under this Article 12.The Design-Builder's licenses from the Architect and its Consultants and Contractors shall also allow the Owner,in the event this Agreement is terminated for any reason other than the default of the Owner or in the event the Design-Builder's Architect,Consultants,or Contractors terminate their agreements with the Design-Builder for cause,to obtain a limited,irrevocable and non-exclusive license solely and exclusively for purposes of constructing,using,maintaining, altering and adding to the Project,provided that the Owner(1)agrees to pay to the Architect,Consultant or Contractor all amounts due,and(2)provide the Architect,Consultant or Contractor with the Owner's written agreement to indemnify and hold harmless the Architect,Consultant or Contractor from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's alteration or use of the Instruments of Service. § 12.3.2 In the event the Owner alters the Instruments of Service without the author's written authorization or uses the Instruments of Service without retaining the authors of the Instruments of Service,the Owner releases the Design-Builder,Architect,Consultants,Contractors and any other person or entity providing services or work for any of them,from all claims and causes of action arising from or related to such uses.The Owner,to the extent permitted by law,further agrees to indemnify and hold harmless the Design-Builder,Architect,Consultants,Contractors and any other person or entity providing services or work for any of them,from all costs and expenses,including the cost of defense,related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Owner's alteration or use of the Instruments of Service under this Section 12.3.2.The terms of this Section 12.3.2 shall not apply if the Owner rightfully terminates this Agreement for cause under Sections 13.1.4 or 13.2.2. ARTICLE 13 TERMINATION OR SUSPENSION § 13.1 Termination or Suspension Prior to Execution of the Design-Build Amendment § 13.1.1 If the Owner fails to make payments to the Design-Builder for Work prior to execution of the Design-Build Amendment in accordance with this Agreement,such failure shall be considered substantial nonperformance and cause for termination or,at the Design-Builder's option,cause for suspension of performance of services under this Agreement.If the Design-Builder elects to suspend the Work,the Design-Builder shall give seven days'written notice to the Owner before suspending the Work.In the event of a suspension of the Work,the Design-Builder shall have no liability to the Owner for delay or damage caused by the suspension of the Work.Before resuming the Work,the Design-Builder shall be paid all sums due prior to suspension and any expenses incurred in the interruption and resumption of the Design-Builder's Work.The Design-Builder's compensation for,and time to complete,the remaining Work shall be equitably adjusted. § 13.1.2 If the Owner suspends the Project,the Design-Builder shall be compensated for the Work performed prior to notice of such suspension.When the Project is resumed,the Design-Builder shall be compensated for expenses incurred in the interruption and resumption of the Design-Builder's Work.The Design-Builder's compensation for, and time to complete,the remaining Work shall be equitably adjusted. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 199 User Notes: (1297 Item#13. § 13.1.3 If the Owner suspends the Project for more than 90 cumulative days for reasons other than the fault of the Design-Builder,the Design-Builder may terminate this Agreement by giving not less than seven days'written notice. § 13.1.4 Either party may terminate this Agreement upon not less than seven days'written notice should the other party fail substantially to perform in accordance with the terms of this Agreement through no fault of the party initiating the termination. § 13.1.5 The Owner may terminate this Agreement upon not less than seven days'written notice to the Design-Builder for the Owner's convenience and without cause. § 13.1.6 In the event of termination not the fault of the Design-Builder,the Design-Builder shall be compensated for Work performed prior to termination,together with Reimbursable Expenses then due and any other expenses directly attributable to termination for which the Design-Builder is not otherwise compensated. In no event shall the Design-Builder's compensation under this Section 13.1.6 be greater than the compensation set forth in Section 2.1. § 13.2 Termination or Suspension Following Execution of the Design-Build Amendment § 13.2.1 Termination by the Design-Builder § 13.2.1.1 The Design-Builder may terminate the Contract if the Work is stopped for a period of 30 consecutive days through no act or fault of the Design-Builder,the Architect,a Consultant,or a Contractor,or their agents or employees,or any other persons or entities performing portions of the Work under direct or indirect contract with the Design-Builder,for any of the following reasons: .1 Issuance of an order of a court or other public authority having jurisdiction that requires all Work to be stopped; .2 An act of government,such as a declaration of national emergency that requires all Work to be stopped; .3 Because the Owner has not issued a Certificate for Payment and has not notified the Design-Builder of the reason for withholding certification as provided in Section 9.5.1,or because the Owner has not made payment on a Certificate for Payment within the time stated in the Design-Build Documents;or .4 The Owner has failed to furnish to the Design-Builder promptly,upon the Design-Builder's request, reasonable evidence as required by Section 7.2.7. § 13.2.1.2 The Design-Builder may terminate the Contract if,through no act or fault of the Design-Builder,the Architect,a Consultant,a Contractor,or their agents or employees or any other persons or entities performing portions of the Work under direct or indirect contract with the Design-Builder,repeated suspensions,delays or interruptions of the entire Work by the Owner as described in Section 13.2.3 constitute in the aggregate more than 100 percent of the total number of days scheduled for completion,or 120 days in any 365-day period,whichever is less. § 13.2.1.3 If one of the reasons described in Section 13.2.1.1 or 13.2.1.2 exists,the Design-Builder may,upon seven days'written notice to the Owner,terminate the Contract and recover from the Owner payment for Work executed, including reasonable overhead and profit,costs incurred by reason of such termination,and damages. § 13.2.1.4 If the Work is stopped for a period of 60 consecutive days through no act or fault of the Design-Builder or any other persons or entities performing portions of the Work under contract with the Design-Builder because the Owner has repeatedly failed to fulfill the Owner's obligations under the Design-Build Documents with respect to matters important to the progress of the Work,the Design-Builder may,upon seven additional days'written notice to the Owner,terminate the Contract and recover from the Owner as provided in Section 13.2.1.3. § 13.2.2 Termination by the Owner For Cause § 13.2.2.1 The Owner may terminate the Contract if the Design-Builder .1 fails to submit the Proposal by the date required by this Agreement,or if no date is indicated,within a reasonable time consistent with the date of Substantial Completion; .2 repeatedly refuses or fails to supply an Architect,or enough properly skilled Consultants,Contractors, or workers or proper materials; .3 fails to make payment to the Architect,Consultants,or Contractors for services,materials or labor in accordance with their respective agreements with the Design-Builder; .4 repeatedly disregards applicable laws,statutes,ordinances,codes,rules and regulations,or lawful orders of a public authority;or .5 is otherwise guilty of substantial breach of a provision of the Design-Build Documents. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 200 User Notes: (1297 Item#13. § 13.2.2.2 When any of the above reasons exist,the Owner may without prejudice to any other rights or remedies of the Owner and after giving the Design-Builder and the Design-Builder's surety,if any,seven days'written notice, terminate employment of the Design-Builder and may,subject to any prior rights of the surety: .1 Exclude the Design-Builder from the site and take possession of all materials,equipment,tools,and construction equipment and machinery thereon owned by the Design-Builder; .2 Accept assignment of the Architect,Consultant and Contractor agreements pursuant to Section 3.1.15; and .3 Finish the Work by whatever reasonable method the Owner may deem expedient.Upon written request of the Design-Builder,the Owner shall furnish to the Design-Builder a detailed accounting of the costs incurred by the Owner in finishing the Work. § 13.2.2.3 When the Owner terminates the Contract for one of the reasons stated in Section 13.2.2.1,the Design-Builder shall not be entitled to receive further payment until the Work is finished. § 13.2.2.4 If the unpaid balance of the Contract Sum exceeds costs of finishing the Work and other damages incurred by the Owner and not expressly waived,such excess shall be paid to the Design-Builder.If such costs and damages exceed the unpaid balance,the Design-Builder shall pay the difference to the Owner.The obligation for such payments shall survive termination of the Contract. § 13.2.3 Suspension by the Owner for Convenience § 13.2.3.1 The Owner may,without cause,order the Design-Builder in writing to suspend,delay or interrupt the Work in whole or in part for such period of time as the Owner may determine. § 13.2.3.2 The Contract Sum and Contract Time shall be adjusted for increases in the cost and time caused by suspension,delay or interruption as described in Section 13.2.3.1.Adjustment of the Contract Sum shall include profit.No adjustment shall be made to the extent .1 that performance is,was or would have been so suspended,delayed or interrupted by another cause for which the Design-Builder is responsible;or .2 that an equitable adjustment is made or denied under another provision of the Contract. § 13.2.4 Termination by the Owner for Convenience § 13.2.4.1 The Owner may,at any time,terminate the Contract for the Owner's convenience and without cause. § 13.2.4.2 Upon receipt of written notice from the Owner of such termination for the Owner's convenience,the Design-Builder shall .1 cease operations as directed by the Owner in the notice; .2 take actions necessary,or that the Owner may direct,for the protection and preservation of the Work; and, .3 except for Work directed to be performed prior to the effective date of termination stated in the notice, terminate all existing Project agreements,including agreements with the Architect,Consultants, Contractors,and purchase orders,and enter into no further Project agreements and purchase orders. § 13.2.4.3 In case of such termination for the Owner's convenience,the Design-Builder shall be entitled to receive payment for Work executed,and costs incurred by reason of such termination,along with reasonable overhead and profit on the Work not executed. ARTICLE 14 CLAIMS AND DISPUTE RESOLUTION § 14.1 Claims § 14.1.1 Definition.A Claim is a demand or assertion by one of the parties seeking,as a matter of right,payment of money,or other relief with respect to the terms of the Contract.The term"Claim"also includes other disputes and matters in question between the Owner and Design-Builder arising out of or relating to the Contract.The responsibility to substantiate Claims shall rest with the parry making the Claim. § 14.1.2 Time Limits on Claims.The Owner and Design-Builder shall commence all claims and causes of action, whether in contract,tort,breach of warranty or otherwise,against the other,arising out of or related to the Contract in accordance with the requirements of the binding dispute resolution method selected in Section 1.3,within the time Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 201 User Notes: (1297 Item#13. period specified by applicable law,but in any case not more than 10 years after the date of Substantial Completion of the Work. The Owner and Design-Builder waive all claims and causes of action not commenced in accordance with this Section 14.1.2. § 14.1.3 Notice of Claims § 14.1.3.1 Prior To Final Payment.Prior to Final Payment,Claims by either the Owner or Design-Builder must be initiated by written notice to the other parry within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first recognizes the condition giving rise to the Claim,whichever is later. § 14.1.3.2 Claims Arising After Final Payment.After Final Payment,Claims by either the Owner or Design-Builder that have not otherwise been waived pursuant to Sections 9.10.4 or 9.10.5,must be initiated by prompt written notice to the other party.The notice requirement in Section 14.1.3.1 and the Initial Decision requirement as a condition precedent to mediation in Section 14.2.1 shall not apply. § 14.1.4 Continuing Contract Performance.Pending final resolution of a Claim,except as otherwise agreed in writing or as provided in Section 9.7 and Article 13,the Design-Builder shall proceed diligently with performance of the Contract and the Owner shall continue to make payments in accordance with the Design-Build Documents. § 14.1.5 Claims for Additional Cost.If the Design-Builder intends to make a Claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the portion of the Work that relates to the Claim.Prior notice is not required for Claims relating to an emergency endangering life or property arising under Section 10.4. § 14.1.6 Claims for Additional Time § 14.1.6.1 If the Design-Builder intends to make a Claim for an increase in the Contract Time,written notice as provided herein shall be given.The Design-Builder's Claim shall include an estimate of cost and of probable effect of delay on progress of the Work.In the case of a continuing delay,only one Claim is necessary. § 14.1.6.2 If adverse weather conditions are the basis for a Claim for additional time,such Claim shall be documented by data substantiating that weather conditions were abnormal for the period of time,could not have been reasonably anticipated,and had an adverse effect on the scheduled construction. § 14.1.7 Claims for Consequential Damages The Design-Builder and Owner waive Claims against each other for consequential damages arising out of or relating to this Contract.This mutual waiver includes .1 damages incurred by the Owner for rental expenses,for losses of use,income,profit,financing, business and reputation,and for loss of management or employee productivity or of the services of such persons;and .2 damages incurred by the Design-Builder for principal office expenses including the compensation of personnel stationed there,for losses of financing,business and reputation,and for loss of profit except anticipated profit arising directly from the Work. This mutual waiver is applicable,without limitation,to all consequential damages due to either party's termination in accordance with Article 13.Nothing contained in this Section 14.1.7 shall be deemed to preclude an award of liquidated damages,when applicable,in accordance with the requirements of the Design-Build Documents. § 14.2 Initial Decision § 14.2.1 An initial decision shall be required as a condition precedent to mediation of all Claims between the Owner and Design-Builder initiated prior to the date final payment is due,excluding those arising under Sections 10.3 and 10.4 of the Agreement and Sections B.3.2.9 and B.3.2.10 of Exhibit B to this Agreement,unless 30 days have passed after the Claim has been initiated with no decision having been rendered.Unless otherwise mutually agreed in writing, the Owner shall render the initial decision on Claims. § 14.2.2 Procedure § 14.2.2.1 Claims Initiated by the Owner.If the Owner initiates a Claim,the Design-Builder shall provide a written response to Owner within ten days after receipt of the notice required under Section 14.1.3.1.Thereafter,the Owner shall render an initial decision within ten days of receiving the Design-Builder's response:(1)withdrawing the Claim Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 202 User Notes: (1297 Item#13. in whole or in part,(2)approving the Claim in whole or in part,or(3)suggesting a compromise. § 14.2.2.2 Claims Initiated by the Design-Builder.If the Design-Builder initiates a Claim,the Owner will take one or more of the following actions within ten days after receipt of the notice required under Section 14.1.3.1: (1)request additional supporting data,(2)render an initial decision rejecting the Claim in whole or in part,(3)render an initial decision approving the Claim,(4)suggest a compromise or(5)indicate that it is unable to render an initial decision because the Owner lacks sufficient information to evaluate the merits of the Claim. § 14.2.3 In evaluating Claims,the Owner may,but shall not be obligated to,consult with or seek information from persons with special knowledge or expertise who may assist the Owner in rendering a decision.The retention of such persons shall be at the Owner's expense. § 14.2.4 If the Owner requests the Design-Builder to provide a response to a Claim or to furnish additional supporting data,the Design-Builder shall respond,within ten days after receipt of such request,and shall either(1)provide a response on the requested supporting data,(2)advise the Owner when the response or supporting data will be furnished or(3)advise the Owner that no supporting data will be furnished.Upon receipt of the response or supporting data,if any,the Owner will either reject or approve the Claim in whole or in part. § 14.2.5 The Owner's initial decision shall(1)be in writing;(2)state the reasons therefor;and(3)identify any change in the Contract Sum or Contract Time or both.The initial decision shall be final and binding on the parties but subject to mediation and,if the parties fail to resolve their dispute through mediation,to binding dispute resolution. § 14.2.6 Either parry may file for mediation of an initial decision at any time,subject to the terms of Section 14.2.6.1. § 14.2.6.1 Either party may,within 30 days from the date of an initial decision,demand in writing that the other party file for mediation within 60 days of the initial decision.If such a demand is made and the party receiving the demand fails to file for mediation within the time required,then both parties waive their rights to mediate or pursue binding dispute resolution proceedings with respect to the initial decision. § 14.2.7 In the event of a Claim against the Design-Builder,the Owner may,but is not obligated to,notify the surety,if any,of the nature and amount of the Claim.If the Claim relates to a possibility of a Design-Builder's default,the Owner may,but is not obligated to,notify the surety and request the surety's assistance in resolving the controversy. § 14.2.8 If a Claim relates to or is the subject of a mechanic's lien,the party asserting such Claim may proceed in accordance with applicable law to comply with the lien notice or filing deadlines. § 14.3 Mediation § 14.3.1 Claims,disputes,or other matters in controversy arising out of or related to the Contract,except those waived as provided for in Sections 9.10.4,9.10.5,and 14.1.7,shall be subject to mediation as a condition precedent to binding dispute resolution. § 14.3.2 The parties shall endeavor to resolve their Claims by mediation which,unless the parties mutually agree otherwise,shall be administered by the American Arbitration Association in accordance with its Construction Industry Mediation Procedures in effect on the date of the Agreement.A request for mediation shall be made in writing, delivered to the other party to the Contract,and filed with the person or entity administering the mediation.The request may be made concurrently with the filing of binding dispute resolution proceedings but,in such event, mediation shall proceed in advance of binding dispute resolution proceedings,which shall be stayed pending mediation for a period of 60 days from the date of filing,unless stayed for a longer period by agreement of the parties or court order.If an arbitration proceeding is stayed pursuant to this Section 14.3.2,the parties may nonetheless proceed to the selection of the arbitrator(s)and agree upon a schedule for later proceedings. § 14.3.3 The parties shall share the mediator's fee and any filing fees equally.The mediation shall be held in the place where the Project is located,unless another location is mutually agreed upon.Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction. (Paragraphs deleted) Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 203 User Notes: (1297 Item#13. § 14.4.4 Consolidation or Joinder § 14.4.4.1 Either party,at its sole discretion,may consolidate an arbitration conducted under this Agreement with any other arbitration to which it is a party provided that(1)the arbitration agreement governing the other arbitration permits consolidation,(2)the arbitrations to be consolidated substantially involve common questions of law or fact, and(3)the arbitrations employ materially similar procedural rules and methods for selecting arbitrator(s). § 14.4.4.2 Either party,at its sole discretion,may include by joinder persons or entities substantially involved in a common question of law or fact whose presence is required if complete relief is to be accorded in arbitration,provided that the party sought to be joined consents in writing to such joinder. Consent to arbitration involving an additional person or entity shall not constitute consent to arbitration of any claim,dispute or other matter in question not described in the written consent. § 14.4.4.3 The Owner and Design-Builder grant to any person or entity made a party to an arbitration conducted under this Section 14.4,whether by joinder or consolidation,the same rights of joinder and consolidation as the Owner and Design-Builder under this Agreement. ARTICLE 15 MISCELLANEOUS PROVISIONS § 15.1 Governing Law The Contract shall be governed by the law of the place where the Project is located except that,if the parties have selected arbitration as the method of binding dispute resolution,the Federal Arbitration Act shall govern Section 14.4. § 15.2 Successors and Assigns § 15.2.1 The Owner and Design-Builder,respectively,bind themselves,their partners,successors,assigns and legal representatives to the covenants,agreements and obligations contained in the Design-Build Documents.Except as provided in Section 15.2.2,neither party to the Contract shall assign the Contract as a whole without written consent of the other.If either party attempts to make such an assignment without such consent,that party shall nevertheless remain legally responsible for all obligations under the Contract. § 15.2.2 The Owner may,without consent of the Design-Builder,assign the Contract to a lender providing construction financing for the Project,if the lender assumes the Owner's rights and obligations under the Design-Build Documents.The Design-Builder shall execute all consents reasonably required to facilitate such assignment. § 15.2.3 If the Owner requests the Design-Builder,Architect,Consultants,or Contractors to execute certificates,other than those required by Section 3.1.10,the Owner shall submit the proposed language of such certificates for review at least 14 days prior to the requested dates of execution.If the Owner requests the Design-Builder,Architect, Consultants,or Contractors to execute consents reasonably required to facilitate assignment to a lender,the Design-Builder,Architect,Consultants,or Contractors shall execute all such consents that are consistent with this Agreement,provided the proposed consent is submitted to them for review at least 14 days prior to execution.The Design-Builder,Architect,Consultants,and Contractors shall not be required to execute certificates or consents that would require knowledge,services or responsibilities beyond the scope of their services. § 15.3 Written Notice Written notice shall be deemed to have been duly served if delivered in person to the individual,to a member of the firm or entity,or to an officer of the corporation for which it was intended;or if delivered at,or sent by registered or certified mail or by courier service providing proof of delivery to,the last business address known to the party giving notice. § 15.4 Rights and Remedies § 15.4.1 Duties and obligations imposed by the Design-Build Documents,and rights and remedies available thereunder,shall be in addition to and not a limitation of duties,obligations,rights and remedies otherwise imposed or available by law. § 15.4.2 No action or failure to act by the Owner or Design-Builder shall constitute a waiver of a right or duty afforded them under the Contract,nor shall such action or failure to act constitute approval of or acquiescence in a breach thereunder,except as may be specifically agreed in writing. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 204 User Notes: (1297 Item#13. § 15.5 Tests and Inspections § 15.5.1 Tests,inspections and approvals of portions of the Work shall be made as required by the Design-Build Documents and by applicable laws,statutes,ordinances,codes,rules and regulations or lawful orders of public authorities.Unless otherwise provided,the Design-Builder shall make arrangements for such tests,inspections and approvals with an independent testing laboratory or entity acceptable to the Owner,or with the appropriate public authority,and shall bear all related costs of tests,inspections and approvals.The Design-Builder shall give the Owner timely notice of when and where tests and inspections are to be made so that the Owner may be present for such procedures.The Owner shall bear costs of(1)tests,inspections or approvals that do not become requirements until after bids are received or negotiations concluded,and(2)tests,inspections or approvals where building codes or applicable laws or regulations prohibit the Owner from delegating their cost to the Design-Builder. § 15.5.2 If the Owner determines that portions of the Work require additional testing,inspection or approval not included under Section 15.5.1,the Owner will instruct the Design-Builder to make arrangements for such additional testing,inspection or approval by an entity acceptable to the Owner,and the Design-Builder shall give timely notice to the Owner of when and where tests and inspections are to be made so that the Owner may be present for such procedures. Such costs,except as provided in Section 15.5.3,shall be at the Owner's expense. § 15.5.3 If such procedures for testing,inspection or approval under Sections 15.5.1 and 15.5.2 reveal failure of the portions of the Work to comply with requirements established by the Design-Build Documents,all costs made necessary by such failure shall be at the Design-Builder's expense. § 15.5.4 Required certificates of testing,inspection or approval shall,unless otherwise required by the Design-Build Documents,be secured by the Design-Builder and promptly delivered to the Owner. § 15.5.5 If the Owner is to observe tests,inspections or approvals required by the Design-Build Documents,the Owner will do so promptly and,where practicable,at the normal place of testing. § 15.5.6 Tests or inspections conducted pursuant to the Design-Build Documents shall be made promptly to avoid unreasonable delay in the Work. § 15.6 Confidential Information If the Owner or Design-Builder transmits Confidential Information,the transmission of such Confidential Information constitutes a warranty to the party receiving such Confidential Information that the transmitting party is authorized to transmit the Confidential Information.If a party receives Confidential Information,the receiving party shall keep the Confidential Information strictly confidential and shall not disclose it to any other person or entity except as set forth in Section 15.6.1. § 15.6.1 A party receiving Confidential Information may disclose the Confidential Information as required by law or court order,including a subpoena or other form of compulsory legal process issued by a court or governmental entity. A party receiving Confidential Information may also disclose the Confidential Information to its employees, consultants or contractors in order to perform services or work solely and exclusively for the Project,provided those employees,consultants and contractors are subject to the restrictions on the disclosure and use of Confidential Information as set forth in this Contract. § 15.7 Capitalization Terms capitalized in the Contract include those that are(1)specifically defined,(2)the titles of numbered articles or (3)the titles of other documents published by the American Institute of Architects. § 15.8 Interpretation § 15.8.1 In the interest of brevity the Design-Build Documents frequently omit modifying words such as"all" and "any"and articles such as"the"and"an,"but the fact that a modifier or an article is absent from one statement and appears in another is not intended to affect the interpretation of either statement. § 15.8.2 Unless otherwise stated in the Design-Build Documents,words which have well-known technical or construction industry meanings are used in the Design-Build Documents in accordance with such recognized meanings. Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" I accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 205 User Notes: (1297 ARTICLE 16 SCOPE OF THE AGREEMENT § 16.1 This Agreement is comprised of the following documents listed below: .1 AIA Document A141TM-2014,Standard Form of Agreement Between Owner and Design-Builder .2 AIA Document A141TM-2014,Exhibit A,Design-Build Amendment,if executed .3 AIA Document A141Tm-2014,Exhibit B,Insurance and Bonds (Paragraphs deleted) This Agreement entered into as of the day and year first written above. OWNER(Signature) DESIGN-BUILDER(Signature) Robert E. Simison, Mayor 2-1-2022 Billy Coulon Principal (Printed name and title) (Printed name and title) Attest: Chris Johnson,City Clerk 2-1-2022 Init. AIA Document A141-—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA," the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,and may on" t accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 206 User Notes: (1297 Item#13. Additions and Deletions Report for AIA®Document A141" - 2014 This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AIA software at 18:03:43 ET on 01/06/2022. PAGE 1 AGREEMENT made as of the 18th day of January in the year 2022 City of Meridian Department of Parks and Recreation 33 E.Broadway Avenue Meridian,Idaho 83642 Evergreen Skateparks LLC 5327 SE 69th Portland,OR 97206 Discovery Park Phase II Skatepark Design-Build PAGE 2 OWNERS DESIGN PRIORITIES FOR A 20,000+SQUARE FOOT CUSTOM CONCRETE SKATEPARK: • Design of a skatepark that is uniquely Idaho in appearance,fits into the overall Park through visual appeal and landscaping by inconporating local materials and elements. • Design of the skatepark has a true a sense of place. • Design of a skatepark that incorporates a signature element. • Design of a skatepark that serves skateboards,bicycles and scooters. • Design of a skatepark that serves a wide spectrum of abilities from beginners to advanced users. • Design of a skatepark that incorporates a wide variety of different elements,such as stairs,rails,ramps, bowls,and open spaces. • Design of a skatepark that provides proper space and flow between elements. • Design of one or more areas dedicated to gathering and socialization. 1.1.1 The Owner's program for the Pr-0jeet+ Additions and Deletions Report for AIA Document A141"-2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 207 copyright@aia.org. User Notes: (1297 Item#13. PAGE 3 To be dctcrmincd. § 1.1.4 The Owner's anticipated Sustainable Objective for the Project,if any: None § 1.1.5 Incentive programs the Owner intends to pursue for the Project,including those related to the Sustainable Objective,and any deadlines for receiving the incentives that are dependent on,or related to,the Design-Builder's services,are as follows: None $20,250 for design,$550,000 for construction. Or as modified by the parties in writing. Completed construction documents by 7/l/22 7/15/22 Notice to proceed 9/1/22 7/15/2023 PAGE 4 Final completion 8/1/2023 Mears Design Group TBD Evergreen Skate Parks Additions and Deletions Report for AIA Document A141' —2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 208 copyright@aia.org. User Notes: (1297 Item#13. Mike Barton § 1.2.2 The persons or entities,in addition to the Owner's representative,who are required to review the Design-Builder's Submittals are as follows:Mike Barton PAGE 5 Billy Coulon Evergreen Skate Parks [ X ] Litigation in a court of competent jurisdiction PAGE 6 50%of Design Fee at 50%design,with balance at 100%design PAGE 7 none § 2.1.3.1 Reimbursable Expenses are in addition to compensation set forth in Section 2.1.1 and 2.1.2 and include expenses,directly related to the Project,incurred by the Design-Builder and the Design-Builder's Architect, Consultants,and Contractors,as follows: None—Reimbursables included in fee(s) .1 T--ansp..t4a4 e,. .,n .,,,.1.,,rizea e„t of te,.,.,♦,-.,.,el and s„ sistenee. .2 ; .3 ; .4 Printing,,--, s,standaM fet:Fn doetimexts; .5 Postage,handling and delivefy; .6 Expense of aveAime wer-k re"ir-ing higher-than r-egulaf rates,if atit4ar-ized in advanee by the Owner; requested by the n,...,e-• .6 All taxes levied an professional ser-viees and en reimbursable ex-peases;an .9 Other-Pr-ejest-r-elated expeaditures,if autliei-ized inadvanee by the Ownen § 2.1.3.2 For Reimbursable Expenses,the compensation shall be the expenses the Design-Builder and the Design-Builder's Architect,Consultants and Contractors incurred,plus an administrative fee of n/a percent( n/a %) of the expenses incurred. § 2.1.4.1 Payments are due and payable upon presentation of the Design-Builder's days after-the invoiee da4e shall beaf iffter-est a4 the ra4e entered below,or-in the absenee thereof a�the legal FMe prevailing ffem time to time at the pr-ifieipal plaee of bosiness of the Design Buildef. (44isert rate of nionthly,or annual interayt agreed upon.) complete and accurate invoice: ,net 30 dam Owner's funds have been budgeted and Owner makes every effort to make payments in a timely manner. Owner does not pay interest in the event of delayed payments. the Owner at M-Utually 60fiveniefft times for a period of two Yeafs fellowing exeeidtien of the Design Buil Amendment t o-♦e,-,Y,:n.,tio of this Agreement,...1.ie eve, aeeuFS F.,-St Additions and Deletions Report for AIA Document A141"—2014.Copyright©2004 and 2014 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 209 copyright@aia.org. User Notes: (1297 5 Item#13. PAGE 8 § 3.1.8.1 The Design-Builder shall keep the Owner informed of the progress and quality of the Wa fk On.,manth4y basis,or-ath d to by the Owner-and Design Builder-,the Design Builder-shall submit w-Fitten pfagr-ess reports to the Owner-,LiA* - ,. I �)ereentages of eompletion and other information identified below: A Work eompleted for-the period; .2 meet sehed tle status; .4 Responses to requests€^r��ation to bepr-evidedbthe Owner-; App-eyed ChangeOrders and Change Dir-eetives; Pending Change Order-and Change Dir-eetWe statttsr-epo;cs; TTests and ifispestieRFePOAS-, S-tatasrepei4 of`x eetedbythe Owner; A) Stat-ks of Claimspieyiously s4mitted in aeeercanee with At4iele14--, .10 C-,11M111R*N,e total ef the Cost of the Work to da4e ineluding the Design Builder's ee ,if , T Cureent-ojeet eash flew d for-eeastr-epofts;and 12 c itie� a4ien as agreed to by the Owner-and B*4denWork on an as-needed basis. § 3.1.8.2 in addition,where the Gont-Faet Som is the Cost of the WoF$E with or-withetA a Guafanteed N4ffliiimum P the Design Builder-shall inehide the following additional information in its progress F-epaf4s� A Design-Builder's werk€er-eer-epcFr; .2 Fguipmentittiliaatien report; and Cost suture afy,eompanng aetaal easts to updated east estimates. PAGE 9 § 3.1.12 Warranty.The Design-Builder warrants to the Owner that materials and equipment furnished under the Contract will be of good quality and new unless the Design-Build Documents require or permit otherwise. The Design-Builder further warrants that the Work will conform to the requirements of the Design-Build Documents and will be free from defects,except for those inherent in the quality of the Work or otherwise expressly permitted by the Design-Build Documents.Work,materials,or equipment not conforming to these requirements may be considered defective.The Design-Builder's warranty excludes remedy for damage or defect caused by abuse,alterations to the Work not executed by the Design-Builder,improper or insufficient maintenance,improper operation,or normal wear and tear and normal usage.If required by the Owner,the Design-Builder shall furnish satisfactory evidence as to the kind and quality of materials and equipment. (warranty period is two years from Final Completion] PAGE 11 2 The proposed Contract Sum,including the compensation method and,:f base.],,pen the Cost of the Work phis a fee,a w-Fitten statement of estimated east eFga-aized by tfade eateger-ies, , eontingencies,Design Builder's Fee,and other items that eomprise the Contraet Sum;and Guaranteed Maximum Price.; ARTICLE 5 WORK PRIOR TO AND FOLLOWING EXECUTION OF THE DESIGN-BUILD AMENDMENT § 5.1.1 Upon rior to execution of the Design-Build Amendment,the Design-Builder shall prepare Construction Documents.The Construction Documents shall establish the quality levels of materials and systems required.The Construction Documents shall be consistent with the Design-Build Documents. The Guaranteed Maximum Price shall be based on 100%complete Construction Documents. Additions and Deletions Report for AIA Document A141"—2014.Copyright©2004 and 2014 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 210 copyright@aia.org. User Notes: (12914529) Item#13. PAGE 13 § 5.6 AllewanGeS § 5.6.1 The Design Builder-shall ifielude ift the Geatfaet Stffn all allawanees stmed in the Design Build Peetiments. dir-eet,but the Pesign Bti4der shall not be FequiFed to employ per-seas Ar o4qtifi Lag tA A.A*E)m the Design Builder-has reasonable ebjeetion. § G a 2 Unless other-wise provided i the Design Build D,,cufflen4s Owner1. allow.vanees shall cover the cost to the Design Builder of materials and equipment delivered at th .2 the Pesign Builder's eests for unloading and handling at the site,labof,iastalla4ion eests,overhead, profit,and other-expeases een4efnpla4ed for-sta4ed allowanee ainetmts,shall be ifteluded in the Coatf Sum bu4 not in the allawanees;an' .2 livhp-mavef costs are more than or-less than allewanees,the CafAraet Sum shall be adjusted aeeerding4y by Change OF-def.The amount of the Change Order-shall r-efieet(1)the diff�r-efiee betweeft aetual eests § 5.6.3 The OwneF shall make seleetions of fnateFials and equipfnen4 with reasonable pFamptaess f@F allowanees requiring eleet• PAGE 14 own for-ees;and to award separ-a4e eentfacts in eenneetion with other pei4ions of the Pfojeet,or-other-eensWaefiefi 0 oper-ations on the site,under-tefms and eanditions identieal of s4stantially similar-to this Genlfaet,ifteluding these tefms and eendifiens fela4ed te insufanee and waiver-of subr-agatien.The Owner-shall notify the Design Builder premptly after-exeeu4ion of a*y sepafate een4raet.ifthe Design Builder-elaims thm delay or-additional is invelve'd beeause of stieh aetion by the Owner-,the Design Boilder-shall make a Claim as pfavided in AFtiele§ 5.13.1.1 The Owner reserves the right to per-form construction or operations related to the Project with the Owner�s § 5.13.1.2 When separate eafttfaets afe awarded for-diMr-ent per-tions efthe Pr-qjeet or-ether-eanstruetien of opefatiens on the site,the term"Design Builder-"in the Design Build Deeumen4s in eaeh ease shail mean the individual or entity that exeeutes eaeh separate agreement with the Owner. § 5.13.1.3 The Owner shall provide for coordination of the activities of the Owner's own forces,and of each separ eefftraeter-,with the Work efthe Design Builder-,who shall eeeper-a4e with them.The Pesign Builder shall pai4ieipa with other-separ-me eentfaeter-s a-ad the Owner-in reviewing their-eanstmetion sehedules.The Design Builder sha44 mE&e any r-evisiens to the eenstfuetion sehe"le deemed neeessafy after-a joint review and ffmtual agr-eeffiefft.The eanstfuetion sehedules shall then eanstittite the sehedules to be used by the Design Builder-,separ-Ae eantfaeters an two Ownerentii sebse uentlyrevised. PAGE 30 & 14.4 Arbitration § 14.4.1 ifthe pafties ha-ve seleeted ar-bitr-atian as the metked for-binding disptAe resolution in Seetieft 1.3,a*y Claim sobjeet to,but fiat r-eselved by,mediation shall be sobjeet to arbitration�A4ieh,unless the pafties ffmttialb,agree other-wise,shall be administered by the Amer-ioan ArbitT-atien Assoeiatien in aeear-danee with its Constfuetion indttstiy Arbitra4ion Rules in effect on the date of the Agreement.A demand for arbitration shall be made in writing,delive to the other party to the Contract,and filed with the per-son or entity administering the arbitration.The party filing a nefiee of dema-ad&r ar-bitfa4ien must asseft in the demand all Claims then knavvn to tha4 pai4y on whieh ar-bitfa4iaa is pennitted to be demanded. Additions and Deletions Report for AIA Document A141'"-2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail page 211 copyright@aia.org. User Notes: (1297 Item#13. § 14.4.1.1 A demand for arbitration shall be made no earlier-than concurrently with the filing of a request fe fnediation,bu4 in no even4 shall it be made after-the date when the insfittAioa of legal or-equitable pr-oeeedings base the Claim would be baffed by the applicable statute of limitations or statute of Fepose.For-statute of limitations o afbitfa4ioti shall eoastitia4e the iastit+itioa of legal or-e"itable pr-oeeediags based on the Claim. § 14.4.2 The wwar-d render-ed by the ar-bitra4ef or-afbitfatoFs shall be final,and judgment may be entered upon it in § 14.4.3 The foregoing agr-eement to ar-bitfate,and ether-agr-eements to ar-bitfate with an additional per-son or-entity duly eonsen4ed to by parties to the Agreement, shall be speeifieally enforeeable under applieable law in any eoi—ift having jufisdietion thereof PAGE 33 .4 AIA Document A141TM �91-4 L hibit�, Sustainable PreJee��i�ee�1 te� , or-the fellewklg� Other: Robert E. Simison, Mayor Billy Coulon Principal Additions and Deletions Report for AIA Document A141"—2014.Copyright @ 2004 and 2014 by The American Institute of Architects.All rights reserved.The "American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is one-time use only,and may only be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,a-mail page 212 copyright@aia.org. User Notes: (1297 Item#13. Certification of Document's Authenticity AIA° Document D401 TM - 2003 I, ,hereby certify,to the best of my knowledge,information and belief,that I created the attached final document simultaneously with its associated Additions and Deletions Report and this certification at 18:03:43 ET on 01/06/2022 under Order No.2114265895 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA®Document A141TM—2014, Standard Form of Agreement Between Owner and Design-Builder,as published by the AIA in its software,other than those additions and deletions shown in the associated Additions and Deletions Report. (Signed) (Title) (Dated) AIA Document D401 TM—2003.Copyright @ 1992 and 2003 by The American Institute of Architects.All rights reserved.The"American Institute of Architects," "AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:03:43 ET on 01/06/2022 under Order No.2114265895 which expires on 11/29/2022,is not for resale,is licensed for one-time use only,a be used in accordance with the AIA Contract Documents®Terms of Service.To report copyright violations,e-mail copyright@aia.org. Page 213 User Notes: (1297 �_• 1A Document A141 - 2014 Exhibit B Insurance and Bonds for the following PROJECT: (Name and location or address) Discovery Park Phase II ADDITIONS AND DELETIONS: Skatepark Design-Build The author of this document has added information needed for its THE OWNER: completion.The author may also have revised the text of the original (Name, legal status and address) AfA standard form.An Additions and Deletions Report that notes added City of Meridian information as well as revisions to the standard form text is available from the author and should be reviewed.A THE DESIGN-BUILDER: vertical line in the left margin of this (Name, legal status and address) document indicates where the author has added necessary information Evergreen Skateparks and where the author has added to or deleted from the original AIA text. THE AGREEMENT This document has important legal This Insurance Exhibit is part of the accompanying agreement for the Project,between the consequences.Consultation with an Owner and the Design-Builder(hereinafter,the Agreement),dated the 1 Sth day of attorney is encouraged with respect January in the year 2022. to its completion or modification. (In words, indicate day, month and year.) TABLE OF ARTICLES BA GENERAL B.2 DESIGN BUILDER'S INSURANCE AND BONDS B.3 OWNER'S INSURANCE BA SPECIAL TERMS AND CONDITIONS ARTICLE B.1 GENERAL The Owner and Design-Builder shall purchase and maintain insurance and provide bonds as set forth in this Exhibit B.Where a provision in this Exhibit conflicts with a provision in the Agreement into which this Exhibit is incorporated,the provision in this Exhibit will prevail. ARTICLE B-2 DESIGN BUILDER'S INSURANCE AND BONDS § B.2.1 The Design-Builder shall purchase and maintain the following types and limits of insurance from a company or companies lawfully authorized to do business in the jurisdiction where the Project is located.The Design-Builder shall maintain the required insurance until the expiration of the period for correction of Work as set forth in Section 11.2.2.1 of the Agreement,unless a different duration is stated below: (If the Design-Builder is required to maintain insurance for a duration other than the expiration of the period for correction of Work, state the duration.) Init. AIA Document A141'"-2014 Exhibit B.Copyright®2004 and 2014 by The American Institute of Architects.Ail rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:06:44 ET on 0 110 612 0 2 2 under Order No.2114265895 which expires on 11129/2022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail copyright@aia.org. User Notes: (1718710 Page 214 Item#13. § B.2.1.1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1,000,000 )for each occurrence and Two Million Dollars ($2,000,000 )in the aggregate providing coverage for claims including .1 damages because of bodily injury,sickness or disease,including occupational sickness or disease,and death of any person; .2 personal injury; .3 damages because of injury to or destruction of tangible property; .4 bodily injury or property damage arising out of completed operations;and .5 contractual liability applicable to the Design-Builder's obligations under Section 3.1.14 of the Agreement. § B.2.1.2 Automobile Liability covering vehicles owned by the Design-Builder and non-owned vehicles used by the Design-Builder with policy limits of not less than One Million Dollars ($ 1,000,000 )per accident for bodily injury, death of any person,and property damage arising out of the ownership,maintenance and use of those motor vehicles specified in this Section B,2,1.2,along with any other statutorily required automobile coverage. § B.2.1.3 The Design-Builder may achieve the required limits and coverage for Commercial General Liability and Automobile Liability through a combination of primary and excess liability insurance,provided such primary and excess insurance policies result in the same or greater coverage as those required under Sections B.2.1.1 and B.2.1.2. § B.2.1.4 Workers'Compensation at statutory limits. § B.2.1.5 Employers'Liability with policy limits as provided below: § B,2.1.5 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than One Million Dollars ($ 1,000,000 )per claim and One Million Dollars ($ 1,000,000 )in the aggregate. § B.2.1.7 Deleted § B.2.1.7.1 Deleted § B.2.1.$The Design-Builder shall provide written notification to the Owner of the cancellation or expiration of any insurance required by this Article B.2.The Design-Builder shall provide such written notice within five(5)business days ofthe date the Design-Builder is first aware of the cancellation or expiration,or is first aware that the cancellation or expiration is threatened or otherwise may occur,whichever comes first. § B.2.1.9 Additional Insured Obligations.The Owner and its consultants and contractors shall be additional insureds on the Design-Builder's primary and excess insurance policies for Commercial General Liability,Automobile Liability and Pollution Liability.The additional insured coverage shall be primary and non-contributory to any of the Owner's insurance policies.The additional insured coverage shall apply to both ongoing operations and completed operations. The policy limits applicable to the additional insureds shall be the same amount applicable to the named insured or,if the policy provides otherwise,policy limits not less than the amounts required under this Agreement. § B,2.1.10 Certificates of Insurance.The Design-Builder shall provide certificates of insurance acceptable to the Owner evidencing compliance with the requirements in this Article B.2:(1)prior to commencement of the Work; (2)upon renewal or replacement of each required policy of insurance;and(3)upon Owner's written request.An additional certificate evidencing continuation of liability coverage,including coverage for completed operations,shall be submitted with the final Application for Payment as required by Section 9.10.2 of the Agreement and thereafter upon renewal or replacement of such coverage until the expiration of the time required by Section 13.2.L The certificates will show the Owner and its consultants and contractors as additional insureds on the Design-Builder's primary and excess insurance policies for Commercial General Liability,Automobile Liability,and Pollution Liability,Information concerning reduction of coverage on account of revised limits,claims paid under the General Aggregate or both,shall be furnished by the Design-Builder with reasonable promptness. Init. AIA Document A141'"—2014 Exhibit B.Copyright®2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 2 by AIA software at 18:06:44 ET on 01/08/2022 under Order No.2114265895 which expires on 11129/2022,is not for resale,is ficensed for one-time use only,and ! may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail copy�ght@a'ia.org. Notes: (17187108 Page 215 Item#13. § B.2.2 Performance Bond and Payment Bond The Design-Builder shall provide surety bonds as follows: (Specify type and penal sum of bonds) Type Penal Sum($0.00) Per Idaho State Law Per Idaho State Law,if allowed. § B.2.2.1 Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement,the Design-Builder shall promptly furnish a copy of the bonds or shall permit a copy to be made. ARTICLE B.3 OWNER'S INSURANCE § B.3.1 Owner's Liability Insurance The Owner shall be responsible for purchasing and maintaining the Owner's usual liability insurance. § B.3.2 Property Insurance § B.3.2.1 Unless otherwise provided,at the time of execution of the Design-Build Amendment,the Owner shall purchase and maintain,in a company or companies lawfully authorized to do business in the jurisdiction where the Project is located,property insurance written on a builder's risk"all-risk"or equivalent policy form in the amount of the initial Contract Sum,plus the value of subsequent Modifications and cost of materials supplied or installed by others,comprising the total value for the entire Project at the site on a replacement cost basis without optional deductibles.If any construction that is part of the Work shall commence prior to execution of the Design-Build Amendment,the Owner shall,prior to commencement of construction,purchase and maintain property insurance as described above in an amount sufficient to cover the total value of the Work at the site on a replacement cost basis without optional deductibles.The insurance required under this section shall include interests of the Owner, Design-Builder,Architect,Consultants,Contractors,and Subcontractors in the Project.The property insurance shall be maintained,unless otherwise provided in the Design-Build Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of the insurance,until the Owner has issued a Certificate of Substantial Completion in accordance with Section 9.8 of the Agreement.Unless the parties agree otherwise,upon issuance of a Certificate of Substantial Completion,the Owner shall replace the insurance policy required under this Section B.3.2 with another property insurance policy written for the total value of the Project that shall remain in effect until expiration of the period for correction of the Work set forth in Section 11.2.2 of the Agreement. § B.3.2.1.1 The insurance required under Section B.3.2.1 shall include,without limitation,insurance against the perils of fire(with extended coverage)and physical loss or damage including,without duplication of coverage,theft, vandalism,malicious mischief,collapse,earthquake,flood,windstorm,falsework,testing and startup,temporary buildings and debris removal,including demolition occasioned by enforcement of any applicable legal requirements, and shall cover reasonable compensation for the Design-Builder's services and expenses required as a result of such insured loss. § B.3.2.1.2 If the insurance required under Section B.3.2.1 requires deductibles,the Owner shall pay costs not covered because of such deductibles. § B.3.2.1.3 The insurance required under Section B.3.2.1 shall cover portions of the Work stored off the site,and also portions of the Work in transit. § B.3.2.1.4 Partial occupancy or use in accordance with Section 9.9 of the Agreement shall not commence until the insurance company or companies providing the insurance required under Section B.3.2.1 have consented to such partial occupancy or use by endorsement or otherwise.The Owner and the Design-Builder shall take reasonable steps to obtain consent of the insurance company or companies and shall,without mutual written consent,take no action with respect to partial occupancy or use that would cause cancellation,lapse or reduction of insurance. (Paragraphs deleted) § B.3.2.4 Loss of Use Insurance.At the Owner's option,the Owner may purchase and maintain insurance to insure the Owner against loss of use of the Owner's property due to fire or other hazards,however caused.The Owner waives all Init. AIA Document A141'"—2014 Exhibit B.Copyright®2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,'the AiA Logo,and"AIA Contract Documents'are registered trademarks and may not be used without permission.This document was produced by AIA software at 18:06:44 ET on 0110612022 under Order No.2114265895 which expires on 1 1/2 9120 2 2,is not for resale,is licensed for one-time use only,and 3 I may only be used in accordance with the AIA Contract Documents"Terms of Service.To report copyright violations,e-mail copylight@aia.org.Notes: (171a7ta Page 216 Item#13. rights of action against the Design-Builder for loss of use of the Owner's property,including consequential losses due to fire or other hazards covered under the property insurance required under this Exhibit B to the Agreement. § B.3.2.5 If during the Project construction period the Owner insures properties,real or personal or both,at of adjacent to the site by property insurance under policies separate from those insuring the Project,or if after final payment property insurance is to be provided on the completed Project through a policy or policies other than those insuring the Project during the construction period,the Owner shall waive all rights in accordance with the terms of Section B,3.2.7 for damages caused by fire or other causes of loss covered by this separate property insurance.All separate policies shall provide this waiver of subrogation by endorsement or otherwise. § B.3.2.6 Before an exposure to loss may occur,the Owner shall file with the Design-Builder a copy of each policy that includes insurance coverages required by this Section B.3.2.Each policy shall contain all generally applicable conditions,definitions,exclusions and endorsements related to this Project.The Owner shall provide written notification to the Design-Builder of the cancellation or expiration of any insurance required by this Article B.3.The Owner shall provide such written notice within five(5)business days of the date the Owner is first aware of the cancellation or expiration,or is first aware that the cancellation or expiration is threatened or otherwise may occur, whichever comes first. § B.3.2.7 Deleted § 13.3.2.8 A loss insured under the Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds,as their interests may appear,subject to requirements of any applicable mortgagee clause and of Section B.3.2.10.The Design-Builder shall pay the Architect,Consultants and Contractors their just shares of insurance proceeds received by the Design-Builder,and by appropriate agreements, written where legally required for validity,the Design-Builder shall require the Architect,Consultants and Contractors to make payments to their consultants and subcontractors in similar manner. § 13.3.2.9 If required in writing by a party in interest,the Owner as fiduciary shall,upon occurrence of an insured loss, give bond for proper performance of the Owner's duties.The cost of required bonds shall be charged against proceeds received as fiduciary.The Owner shall deposit in a separate account proceeds so received,which the Owner shall distribute in accordance with such agreement as the parties in interest may reach,or as determined in accordance with the method of binding dispute resolution selected in the Agreement between the Owner and Design-Builder.If after such loss no other special agreement is made and unless the Owner terminates the Contract for convenience, replacement of damaged property shall be performed by the Design-Builder after notification of a Change in the Work in accordance with Article 6 of the Agreement. § B.3.2.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of a loss to the Owner's exercise of this power.If an objection is made,the dispute shall be resolved in the manner selected by the Owner and Design-Builder as the method of binding dispute resolution in the Agreement. ARTICLE 13.4 SPECIAL TERMS AND CONDITIONS Special terms and conditions that modify this Insurance and Bonds Exhibit,if any,are as follows: none Init. AIA document A141——2014 Exhibit B.Copyright®2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents"are registered trademarks and may not be used without permission.This document was produced 4 by AIA software at 18:06:44 ET on 01/06/2022 under Order No.2114265895 which expires on 1 1/2 912022,is not for resale,is licensed for one-time use only,and ! may only be used in accordance with the AIA Contract Documents'Terms of Service.To report copyright violations,e-mail copyrighlCaia.org. User Notes: (171871ae Page 217 Item#13. Additions and Deletions Report for AIA(D Document A 141'TM — 2014 Exhibit B This Additions and Deletions Report,as defined on page 1 of the associated document,reproduces below all text the author has added to the standard form AIA document in order to complete it,as well as any text the author may have added to or deleted from the original AIA text.Added text is shown underlined.Deleted text is indicated with a horizontal line through the original AIA text. Note: This Additions and Deletions Report is provided for information purposes only and is not incorporated into or constitute any part of the associated AIA document.This Additions and Deletions Report and its associated document were generated simultaneously by AJA software at 18:06:44 ET on 0110612022. PAGE Discovery Park Phase II Skatepark Design-Build City of Meridian Evergreen Skateparks This Insurance Exhibit is part of the accompanying agreement for the Project,between the Owner and the Design-Builder(hereinafter,the Agreement),dated the 18th day of January in the year 2022 . PAGE § B.2.1.1 Commercial General Liability with policy limits of not less than One Million Dollars ($ 1,000,000 )for each occurrence and Two Million Dollars ($2,000,000 )in the aggregate providing coverage for claims including § B.2.1.2 Automobile Liability covering vehicles owned by the Design-Builder and non-owned vehicles used by the Design-Builder with policy limits of not less than One Minion Dollars f$ 1,000,000 er accident for bodily injury,death of any person,and property damage arising out of the ownership, maintenance and use of those motor vehicles specified in this Section B.2.1.2,along with any other statutorily required automobile coverage. § B.2.1.6 Professional Liability covering negligent acts,errors and omissions in the performance of professional services,with policy limits of not less than One Million Dollars ($ 1.000,000 )per claim and One Million Dollars ($ 1,000,000 )in the aggregate. § 13.2.1.7 Pollution 1,iabijity oeveping pelFA)m4anGe of the Wef4i,with poliGy limits E4aat less than ($ )per elaim and ($ ,rthO aggFeg- Deleted § B.2.1.7,1 slr�aim--($ )in the aggfeg i Deleted. PAGE 3 Additions and Deletions Report for AIA Document A141--2014 Exhibit B.Copyright t 2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"AIA Contract Documents'are registered trademarks and may not he used without 1 permission.This document was produced by AIA software at 18:06:44 ET on 0110612022 under Order No.2114265895 which expires on 1112912022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsP Terms of Service.To report copyright violations, e-mail copyrighi@aia.org. User Notes: (1718710 Page 218 Item#13. Per Idaho State Law Per Idaho State Law,if allowed. Builder,Design , of the Gover-ages in the amounts deseribed abOve,the()NVHeF shall inferm the Design Builder in writing pfier to any Design Builder shall be na+ned insofeds. deseribed above,the Ownef shall bew:all reasonable costs and damages a4Fibutable theFete- PAGE 4 § B.3.2.7 Waivers of Subrogation-4:he();"er and Design Ruildell:waive all rights against(1)eash OtheF Effid any Of The Owner or Design Builder,as appropriate,shall Fequim ef the sepaFe4e C914faGteFS deSGF-ib@d i14 Se8ti@fl 5.13 E)f the shall be effimiye as te a persen or eatky even though that persen oF entib,would ethepAlise have a dtl�y ef Deleted § B.3.2.10 The Owner as fiduciary shall have power to adjust and settle a loss with insurers unless one of the parties in interest shall object in writing within five days after occurrence of a loss to the Owner's exercise of this power.If an objection is made,the dispute shall be resolved in the manner selected by the Owner and Design-Builder as the method of binding dispute resolution in the Agreement.if!he Owner and Design Builder r,.we seleet a aF1. .. --- Methed of binding dispute feselt4ion,the OWHOF aS�WH6iaf)'Shall Make SeRieffieRt With iHSUrerS OF,iH the eage of . none Additions and Deletions Report for AJA Document A141--2014 Exhibit B.Copyright®2004 and 2014 by The American Institute of Architects.All rights reserved.The"American Institute of Architects,""AIA,"the AIA Logo,and"A]A Contract Documents"are registered trademarks and may not be used without 2 permission.This document was produced by AIA software at 18:06:44 ET on 01/06/2022 under Order No.2114265695 which expires on 1112912022,is not for resale,is licensed for one-time use only,and may only be used in accordance with the AIA Contract DocumentsO Terms of Service.To report copyright violations, e-mail copyright@aia.org. User Notes: (17187108 Page 219 Item#13. CONTRACT CHECKLIST I. PROJECT INFORMATION Date: 1/19/2022 REQUESTING DEPARTMENT Parks Project Name: Discovery Park Skatepark-Design Build Project Project Manager: Mike Barton Contract Amount: $20,250 Contractor/Consultant/Design Engineer: Evergreen Skateparks Is this a change order? Yes ❑ No ❑ Change Order No. N/A II. BUDGET INFORMATION (Project Manager to Complete) III. Contract Type Fund: 60 Budget Available(Purchasing attach report): Department 3520 Yes ❑� No ❑ Construction ❑ GL Account 53351 FY Budget: 2022 Task Order ❑ Project Number: 11045 Enhancement: Yes ❑ No ❑ Professional Service ❑ Equipment ❑ Will the project cross fiscal years? Yes❑ No ✓❑ Grant ❑ IV. GRANT INFORMATION-to be completed only on Grant funded projects Grant#: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status(Federal Funded) N/A N/A N/A N/A Print and Attach the determination Print,attach and amend bid by addendum(if changed) www.sam.gov Print and attach V. BASIS OF AWARD BID RFP/RFQ TASK ORDER Award based on Low Bid Highest Ranked Vendor Selected Master Agreement Category (Bid Results Attached) Yes ❑ No ❑ (Ratings Attached) Yes 0 No Date MSA Roster Approved: Typical Award Yes 0 No ❑ If no please state circumstances and conclusion: Date Award Posted: 6/4/2019 7 day protest period ends: June 11,2019 VI. CONTRACTOR/CONSULTANT REQUIRED INFORMATION PW License 33615 Expiration Date: 2/28/2022 Corporation Status Active-Existing Insurance Certificates Received(Date): 12/17/2021 Expiration Date: 4/22/2022 Rating: A- Payment and Performance Bonds Received(Date): Not at this time Rating: N/A Builders Risk Ins.Req'd: Yes ❑ No ❑ If yes,has policy been purchased? (Only applicabale for projects above$1,000,000) VII. TASK ORDER SELECTION (Project Manager to Complete) Reason Consultant Selected ❑ 1 Performance on past projects Check all that apply ❑ Quality of work ❑ On Budget ❑On Time ❑ Accuracy of Construction Est ❑ 2 Qualified Personnel ❑ 3 Availability of personnel ❑ 4 Local of personnel Description of negotiation process and fee evaluation: Enter Supervisor Name Date Approve Vill. AWARD INFORMATION Date Submitted to Clerk for Agenda: January 19,2022 Approval Date 2-1-2022 By: City Council and Mayor Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: Page 220 Contract Request Checklist.5.24.2016.Final Item#14. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Professional Services Agreement Between the City of Meridian and Eventageous Idaho, LLC for Event Coordination Services: 2022 Meridian Main Street Market Page 221 PROFESSIONAL SERVICES AGREEMENT FOR EVENT COORDINATION SERVICES: 2022 MERIDIAN MAIN STREET MARKET This PROFESSIONAL SERVICES AGREEMENT FOR EVENT COORDINATION S VICES: 2022 MERIDIAN MAIN STREET MARKET("Agreement") is made this f-�day of 2022 ("Effective Date"),by and between the City of Meridian, a municipal corporation orginized under the laws of the State of Idaho, ("City") and Eventageous Idaho,LLC, a limited liability company organized under the laws of the State of Idaho("Promoter"). WHEREAS,City and Promoter seek to present a weekly farmers' market in downtown IV eridian,to be promoted as the Meridian Main Street Market("Market"),in order to advance the parties' mutual interests in enhancing the Meridian community's quality of life;enriching the character o downtown Meridian;promoting healthy eating and locally grown produce; and providing opportunities for community members to produce and sell fruits,vegetables,and other agricultural or hand-crafted products; NOW,THEREFORE,for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed,and in consideration of the mutual promises and covenants herein contained,the Parties agree as follows: I. SCOPE OF SERVICES. A. Market event planning and presentation.Promoter shall plan and present the Market each Saturday from April lb, 2022 through October 15, 2022, in accordance with the specifications set forth herein. Promoter shall be responsible for all contractual arrangements and obligations, financial or otherwise,related to the Market and/or the services provided hereunder, and shall plan for all logistics and provide all features of the Market,which shall include,but need not be limited to: market vendors, educational displays, musical performers or music deejay, sound system,food trucks and/or food and beverage vendors,event security, crowd management, traffic control, first aid stations,and signs. B. Market specifications.The Market shall comply in all respects with each and all of the following specifications. 1. The Market shall be presented in and around Meridian City Hall Plaza, 33 E. Broadway Avenue,in Meridian, Idaho, on all Saturdays between April 2, 2022 and October 22, 2022. 2. The Market shall include at least twenty-five (25)vendors per week, selling a variety of products grown, made,or otherwise produced by such vendors,including,for example, fruit,vegetables, herbs,baked goods,and crafts. Promoter may charge vendors a registration fee to participate in the Market, at Promoter's discretion. 3. In addition to vendors,the Market may feature: a. Educational displays regarding gardening or agriculture,for example, composting, soil preparation,etc.; b. Cooking or food demonstrations; c. Community Garden representatives offering youth the opportunity to sign up for garden plots; PROFESSIONAL SERVICES AGREEMENT-EvENT CooRDINATION,MAIN STREET MARKET PAGE 1 Item#14. d. Food trucks; and e. Music, live performance or deejay. 4. The Market and all components thereof shall comply in all respects with all conditions of the applicable City of Meridian Temporary Use Permit,other applicable permits and permitting requirements,Meridian City Code, and state and federal law. 5. All music played at the Market, whether live performance or recorded, shall contain such material,and shall be performed or played in such a manner,as shall be appropriate for all ages, values, and sensibilities. Music shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory in nature. 6. Promoter, or Promoter's employee or agent, shall be on site at the Market from set-up through tear-down each week,to supervise and to ensure that use of City facilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable. 7. The Market shall be open to the public at no cost; Promoter may not collect admission fees for the Market or any component thereof. 8. Promoter shall be responsible for obtaining, at Promoter's sole expense,or requiring vendors to obtain,at their expense, all necessary permits for the Market as required by any agency other than the City of Meridian or the Ada County Highway District,except that if Promoter chooses to allow alcohol sales at the Market, each alcohol seller must obtain a Liquor Catering Permit through the Meridian City Clerk's Office. Other necessary permits may include,but shall not be limited to,pen-nits from the Central District Health Department, Idaho State Department of Agriculture, and Idaho Tax Commission. 9. Promoter shall require vendors using City equipment to protect such equipment from damage as much as practicable,including a requirement that vendors using City tables cover them with tablecloths. C. Insurance. Promoter shall obtain, and shall maintain throughout the term of this Agreement, insurance as set forth below. Proof of such insurance shall be provided to City by 5:00 p.m.on April 1, 2022, 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. In the event of cancellation or restriction by the insurance company of the insurance policy, Promoter 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 Promoter's insurance is revoked,cancelled,expires or Promoter is otherwise without insurance coverage as set forth below. Promoter shall maintain the following insurance coverage: 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,Promoter 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 Promoter's general liability insurance is revoked, cancelled, expires or Promoter is otherwise without PROFESSIONAL SERVICES AGREEMENT—EVENT CooRwNATION,MAW STREET MARKET PAGE 2 Page 223 Item#14. general liability insurance. 2. Workers' compensation insurance on any and all persons in Promoter's employ, where and in the minimum amount(s)as required by Idaho law. A Equipment/event rentals. Except as otherwise specifically stated herein,Promoter shall be responsible for obtaining or renting, at Promoter's sole expense, all necessary or desired equipment for the Market(e.g., sound system,temporary restrooms,hand washing stations, etc.). E. Sponsorship. Promoter may sell sponsorships of Market, and may retain all proceeds collected from such sponsorships. Promoter may not engage any sponsor which promotes or endorses any of the following content: 1. Content that is deemed in violation of any applicable City policy; 2. Profane,obscene, indecent,violent, or pornographic content and/or language; 3. Content that promotes,fosters or perpetuates discrimination on the basis of race,creed, color, age,religion,gender, sexual orientation, or national origin; 4. Defamatory or personal attacks; 5. Threats to any person or organization; 6. Content that promotes,fosters or perpetuates conduct in violation of any federal, state or local law; 7- Content that encourages or incites illegal activity-, 8. Information that may compromise the safety or security of the public or public systems; 9. Content that violates a known legal ownership interest, such as a copyright, of any party; or 10. Any content that contains or perpetuates a message that the City deems to be inappropriate or not in the best interest of the City of Meridian. If the City becomes aware that any engaged or potential sponsor of the Market promotes or endorses such content, the City may immediately terminate this Agreement,restrict or remove any content that is deemed in violation of this policy or any applicable law, and/or cancel the sponsored feature. F. Promotion. Promoter shall be responsible for any and all efforts to promote the Market via broadcast,print,and online promotion, and/or local media and event calendars. Promoter may, at Promoter's sole expense,purchase commercial advertising of the Market. Whenever feasible,Promoter shall include the Meridian Main Street Market logo on all print, online, digital, and social media materials. City shall provide to Promoter,upon request, a digital copy of the logo. 11. Crxy9s NImimiqsmiunEs. A. Ovy and reservations. City shall, on behalf of Promoter, obtain a City of Meridian Temporary Use Permit for the Market, and shall reserve and make available for the Market Meridian City Hall Plaza and front parking lot. City shall, upon Promoter's request, reserve meeting space at Meridian City Hall for workshops and orientation meetings. B. ACHD permitting and traffic cojmtToR sngnage. if applicable, City shall, on behalf of Promoter, obtain an ACID Special Event Permit for the Market, and shall provide all required traffic control signage. Promoter shall be responsible for compliance with any and all terms of PROFESSIONAL SERVICES AGREEMENT—EvENT COORDINATION,MAIN STREET MARKET PAGE 3 Item#14. the ACHD Special Event Permit,including setting up the traffic control signage before each Market in compliance with the approved ACHD Special Event Permit and for taking down the signage after each Market has concluded. C. Promotion. City shall promote the Market via City communication outlets, including the City newsletter,City website, and Meridian Parks &Recreation Department Activity Guide. D. Canopies and tables;load out. City shall provide for Promoter's use for Market vendors,up to twenty(20) canopies with dimensions of approximately ten feet by ten feet(10' x 10'), twenty(20)sets of canopy weights, and up to twenty(20)eight-foot(8')tables. This equipment will be stored in a locked trailer which the City will deliver to the City Hall Plaza the Friday prior to each Market. City shall provide the code to Promoter to access the trailer. Promoter shall be responsible for setting up and configuring all tables and canopies. E. Meridian Parks & Recreation Department staff. City shall schedule one(1)Meridian Parks &Recreation Department staff member to provide janitorial services, garbage removal,and set out extra trash cans before each market. Promoter shall be responsible for reasonable janitorial service and garbage removal during each market. Meridian Parks &Recreation on-call staff will respond,though,to calls for services above and beyond what Promoter can provide themselves. The selection of staff for this purpose shall be in City's sole discretion. F. Primary Source of Contact for City. City shall provide Promoter the name, e-mail address, and telephone number of specific City personnel who shall serve as City's primary contacts between City and Promoter for all day-to-day matters regarding City's and Promoter's responsibilities under this Agreement(hereinafter"City Contact"). City may establish one City Contact for Market event planning and presentation, and another City Contact for Market operations. III.TERMS AND CONDITIONS A.- Public place. Promoter acknowledges that Meridian City Hall and Meridian City Hall Plaza are public places, and that all members of the public shall be invited to attend the Market. The public must have general access to the Plaza at all times, so long as such access does not unduly interfere with the use of the Plaza for the Market. S. Vehicles. Driving or parking vehicles on non-designated driving or parking surfaces shall be prohibited,with the limited exception of vehicles driven short distances on non-designated driving surfaces for the purpose of transporting,loading, or unloading equipment and supplies during set-up or tear-down. Vehicles may not be driven on turf or landscape areas,unless at the direction of Meridian Parks &Recreation Department staff. C. No financial obligation. The parties agree that, other than as specifically set forth herein,City shall have no obligation to contribute personnel or funding to the planning or production of the Market, and shall have no obligations other than those specifically set forth in this Agreement. D. Cancellation. City Contact may, in his or her sole discretion,elect to cancel one or more weekly markets comprising the Market,with no notice to Promoter,where cancellation is in the best interest of City or the public health, safety, or welfare,due to weather, act of God, PROFESSIONAL SERVICES AGREEMENT—EVENT COORDINATION,MAIN STREET MARKET PAGE 4 Page 225 Item#14. unforeseen facility closure,or other reason. City shall neither assume nor incur any liability in the event of cancellation.For purposes of this agreement, an Act of God shall include,but not be limited to: fire, storm,flooding,disease,pandemic,national or local emergency,natural or human-caused disaster,or any other emergency or hazard under which it is illegal, impractical, or unsafe for the market to proceed as scheduled. E. Term. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire following completion of tear-down on October 22,2022,unless earlier specified,terminated, or extended in the manner as set forth in this Agreement. F. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, 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 parry so failing to perform. G. Notice. Communication between Promoter and the City Contact(s)regarding day-to-day matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail,or via e-mail, addressed as follows: City: Promoter: City Clerk CheRee L.Eveland City of Meridian Eventageous Idaho, LLC 33 E.Broadway Avenue 573 W. Idaho Avenue Meridian, Idaho 83642 Meridian ID 83642 H. City policy applies. Promoter shall comply with all City policies and codes applicable to use of City property and facilities, including,but not limited to,policies of the Meridian Parks and Recreation Department. I. Photography and recording. City shall be authorized to photograph,record,video tape, reproduce,transmit,or disseminate, in or from Meridian City Hall or Meridian City Hall Plaza, the activities described herein for educational,promotional, and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. J. Subcontracting or assignment of obligations.Promoter shall not subcontract or assign any of its obligations or rights under this Agreement related to or that may relate to Promoter's professional event planning expertise. Promoter may subcontract or assign obligations that do not require such expertise,including,but not limited to, such obligations as transport and set-up of equipment. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. K. Termination. Either party may terminate this Agreement in whole,or in part, when either or both parties agree that the continuation of the project is not in the parties' best interest,by providing thirty(30)days' written notice of termination. L. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement PROFESSIONAL SERvicEs AGREEMENT—EvENT COORDINATION,MAIN STREET MARKET PAGE.5 Page 226 Item#14. shall not be construed as a waiver of a breach of the same or any other provision hereof. M. Indemnification. Promoter shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses,claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Promoter, its assistants, servants, agents, employees,guests, and/or business invitees, in connection with this Agreement or activities related thereto. Promoter acknowledges that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. N. Waiver. Except as to rights held under the terms of this Agreement,Promoter shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions,except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. 0. Relationship of Parties. Promoter is an independent contractor and is not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Promoter and City or any official,agent, or employee of City. Specifically, without limitation, Promoter understands,acknowledges, and agrees: L Except as otherwise set forth herein,Promoter is free from actual and potential control by City in the provision of services under this Agreement. 2. Promoter is engaged in an independently established trade, occupation,profession,or business. 3. Promoter has the authority to hire subordinates. 4. Promoter owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Promoter nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. P. Compliance with law. Throughout the course of this Agreement, Promoter shall comply with any and all applicable federal, state, and local laws, including, but not limited to, orders of the Governor,Mayor, or public health authority. Q. Non-Discrimination. Throughout the course of this Agreement, Promoter shall not discriminate against any person as to race, creed,religion, sex, age,national origin, sexual orientation or any physical,mental, or sensory handicap. R. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements,promises, or inducements made by either party,or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. PROFESSIONAL SERVICES AGREEMENT-EVENT COORDINATION,MAIN STREET MARKET PAGE 6 Item#14. S. Costs and attorneys'fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement,the prevailing party shall be entitled to recover reasonable costs and-attorneys' fees, as deter-mined by a court of competent jurisdiction,in addition to any other relief awarded. T. Agreement governed by Idaho lava..The,laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada-County,.Idaho. U. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law.Likewise,the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion,of any other remedy. V. Severability. If any provision of this Agreement is found by a-court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. W.City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval_ IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. EVENTAGEOUS IDAHO,LLC: CheRee L. Eveland Owner CITY OF MERIDIAN: BY: Attest: Robert E. Simison,Mayor 2-1-2022 Chris Johnson,City Clerk 2.1.2022 PROFESSIONAL:SERvICEs-AGREEMENT-EvENT COORDINATION,MAIN STREET MARKET PAGE 7 Page 228 Item#15. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Purchase Order for Water and Sewer Improvements in Accordance with the Interagency and Cost Share Agreement with Ada County Highway District for the Not-to-Exceed Amount of$469,192.96 L22l Item#15. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: 2/1/2022 Presenter: N/A Estimated Time: 0.00 Topic: Approve Purchase Order for Water and Sewer Improvements Not-to-Exceed $469,192.96 Recommended Council Action: Approve Purchase Order for Water and Sewer Improvements in accordance with the Interagency and Cost Share agreement with Ada County Highway District for the Not-to-Exceed amount of $469,192.96 and also authorize the Procurement Manager to sign the Purchase Order for the Not- to-Exceed amount of$469,192.96. Background: The Not-to-Exceed amount of$469,192.96 will be used to pay Ada County Highway District for City Water and Sewer Improvements constructed by Central Paving at the intersection of Ten Mile and Victory Rds. (roundabout). This work is in accordance with the previously approved Interagency and Cost Share agreements by City Council. Page 230 Mayor Robert E. Simison Item#15. E IDIA N ��� City Council Members �-► Joe Borton Treg Bernt Public Works Luke Cavener Brad Hoaglun DepartMpnt Jessica Perreault Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: Brent A. Blake Engineering Project Manager DATE: January 25, 2022 SUBJECT: IN ACCORDANCE WITH THE INTERAGENCY AGREEMENT AND COST SHARE AGREEMENT PREVIOUSLY APPROVED BY CITY COUNCIL,APPROVE THE NOT-TO-EXCEED AMOUNT OF $469,192.96 TO PAY ADA COUNTY HIGHWAY DISTRICT (ACHD) FOR CITY WATER AND SEWER IMPROVEMENTS CONSTRUCTED BY CENTRAL PAVING IN THE INTERSECTION OF TEN MILE AND VICTORY ROADS. ACHD PROJECT 319038 AND CITY OF MERIDIAN PROJECT 10975 I. RECOMMENDED ACTION A. Move to: In accordance with the Interagency Agreement and Cost Share Agreement, approve the not-to-exceed amount of$469,192.96 to pay ACHD for City water and sewer improvements constructed in the intersection of Ten Mile Road and Victory Road. ACHD Project 319038 and City of Meridian Project 10975. II. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Project Manager 208-489-0340 Kyle Radek, Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Backizround ACHD plans to construct a roundabout at the intersection of Ten Mile and Victory Roads. ACHD has agreed, per the attached Interagency Agreement, to include I Page I of 3 Page 231 Item#15. City water and sewer improvements as part of their project. They incorporated these improvements in their plans and bid documents. B. Proposed Project This project includes the construction of water and sewer improvements. The water improvements will include adjusting water mains,relocating water services and fire hydrants, adjusting water valve boxes, and installing new water main and services. The sewer improvements include extending pressure sewer stubs, installing new sewer main and services, and adjusting manholes to grade. IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. The construction impacts on the residents will be minimized by partnering with ACHD. B. Fiscal Impact: The costs of the City of Meridian infrastructure improvements are $469,192.96 and will be funded from two different accounts as shown below. Project Costs: Fiscal Year 2022 Construction Cost $428,962.51 ACHD Overhead Costs $21,448.13 ACHD Traffic Control, $18,782.32 Mobilization, and Flagging Total $469,192.96 Available Project Funding_ Fiscal Year 2022 Account Code / Codes Water Main Extensions 60-3490-96140 $273,083.23 Sewer Main Extensions 60-3590-93505 $196,109.73 Total Funding $469,192.96 Page 2 Of 3 Page 232 Item#15. V. TIME CONSTRAINTS ACHD plans to start construction on this project in February 2022. City approval of this agreement is required for ACHD to install sewer and water improvements as part of their project. VI. LIST OF ATTACHMENTS A. Construction Cost Breakdown Approved for Council Agenda: Page 3 of 3 Page 233 m CITY OF MERIDIAN Ci Purchase 3 VE IDIAN • • Purchasing Department � DATE OF 1/25/2022 33 E BROADWAY AVE, STE 106 CITY OF MERIDIAN REQUEST MERIDIAN, ID 83642 Public Works PURCHASE ORDER NUMBER APPEAR• INVOICES, TEL: (208)489-0417 • •CORRESPONDENCE .TO THIS ORDER FAX: (208)887-4813 AVAILABLE BUDGET AMOUNT _ _......._..__._ _. __._._...I IS BUDGET AMENDMENT REQUIRED? SUGGESTED VENDOR Ada County Highway District No jCITY SUPPORT TICKET NO. I PROJECT MANAGER PAYMENT TERMS FREIGHT TERMS F.o.B. REQUESTOR Brent Blake NET 30 PREPAID DESTINATION Brent Blake PROJECT NAME: ACHD -Ten Mile Rd and Victory Rd Roundabout(Construction) Description of Purchase Quantity and Pricing ACCOUNTINGCODES PART NUMBER/ DEPT EXPENSE ORPROJECT/DESCRIPTION • • TOTAL • TASK ORDER/CONTRACT/PROJECT DESCRIPTION CODE GLACCOUNT# COMMITMENT ! I Interagency Agreement/Contract 1 LS $ 273,083.23 60 3490 96140 109751 $ 273,083.23 Interagency Agreement/Contract 1 LS $ 196,109.73 60 3590 93505 10975.d $ 196,109.73 $ - $ - NOTES: Council Approval Date: 2-1-2022 $469,192.96 TH 1 DEPART NT SIG E N CD (D N W A Item#15. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Cl) OD N N LO LO N 00000Lf) 00000000000000000 P (0 (00 O 0 A ONOOON U') O N QQ O000000c; COON [t 00 Cl) N N OO _ O V CO V1� 6) 0E Om " wNh- NV OOONrMr ,Tt., (pN11- dN00 (OLOCDLOI- 0 _t- ' VON NN 1 - E-- V N V V U) P0N V Or T (ON V (OM OO LONP rOI- T 0 G t P T EF}EA VIX(f)ffl(f),0 0 ER 0,01,EA Hf E9 64 COO 4%r to N r fA d} 0 (O Efl fo 69 491 EA 6!b 69. 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Ci q, t6 .Q (3 It P r T rLLi z ¢ QQaUQ ¢ <LQQ <CQmmp o r r171- a- T r r r r r r P P r r T a- �- C) - LOMCO81- I- OPrs- TN (V NNMMMMLOWLO m 000 0 0 0 r O O O O O O O O O O O O O O P O Q N M M M M C M M V V V V V V L V V V V O LO LO LO P N af Page 235 Item#15. HDKent Goldthorpe,President Dave McKinney,Vice-President G . +- / Jim Hansen,Commissioner�ywrn�tit't P�O� � �GPi Alexis Pickering,Commissioner Mary May,Commissioner Capital Projects November 16, 2021 Programming Expenditures 2021-2025 IFYWP Construction $2,415,000 2022 TO: ACHD Commissioners, ACHD Construction $269,000 2023 Director, ACHD Deputy Construction Eng. $30,000 2022 Directors Material $52,000 2022 FROM: Amber Morales Utilities $20,000 2022 Project Manager SUBJECT: Interagency Agreement—City of Meridian Water& Sewer-Improvements Ten Mile Rd and Victory Rd ACHD Project# 319038 Consent Agenda: December 1, 2021 Executive Summary Staff has negotiated an Interagency Agreement with the City of Meridian for water and sewer improvement work as part of the Ten Mile Rd and Victory Road roundabout project. This Interagency Agreement will allow the City of Meridian to add water and sewer improvements to the ACHD contract. Staff recommends approval of the Interagency Agreement. Facts & Findings The project consists of replacing the intersection of Ten Mile Rd and Victory Rd with a multilane roundabout that includes multiuse pathway and intersection lighting. Construction of this project is scheduled for February 2022 through September 2022. This agreement will allow the bidding and construction of City water and sewer work as part of the ACHD construction contract. This agreement has been reviewed and approved by the ACHD Legal Department. Fiscal Implications Costs for the work will be reimbursed by the City of Meridian estimated at$321,120. Policy Implications This project was approved as part of the FY21 Budget and the 2021-2025 Integrated Five-Year Work Plan, adopted by the Commission on September 23, 2020. Pan Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 208 387 6100• FX 345-7650•www.achdidah age 236 Item#15. Alternatives 1. Approve the Interagency Agreement with the City of Meridian and authorize the President of the Commission to execute the agreement on behalf of ACHD. 2. Do not approve the Interagency Agreement and provide staff with further direction. Recommendation Approve the Interagency Agreement with the City of Meridian and authorize the President of the Commission to execute the agreement on behalf of ACHD. Attachment: Interagency Agreement cc: Dyan Bevins,P.E. Ricardo Calderon Project File Page 237 Item#15. INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION /WATER AND SEWER CONSTRUCTION TEN MILE RD AND VICTORY RD ACHD PROJECT NO. 319038 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION ("Agreement") is made and entered into this 1 6 t h day of November , 2021, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or"City"), regarding ACHD Project no. 319038. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights-of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction projects known as TEN MILE RD AND VICTORY RD ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including constructing water and sewer services, adjusting water valve boxes and covers and sewer manholes to grade, and correcting potable/non-potable spacing issues (collectively, "City Water and Sewer Improvements") as detailed in Project no. 319038, to be constructed pursuant to a separately-executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN'S request by including the City Water and Sewer Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Water and Sewer Improvements within the Project Boundaries; and Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 1 of 9 Page 23s Item#15. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water and Sewer Improvements referenced herein, which CONTRACT shall include, inter alia, a provision that all work required for the City Water and Sewer Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current City of MERIDIAN Supplemental Specifications to the ISPWC. It is hereby specifically agreed that: i. Adjustment of water valve boxes and covers to grade shall include reconstruction in conformance with ISPWC Section 404, and ii. Adjustment of sewer manholes to grade shall include reconstruction in conformance with ISPWC Section 602. b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the City Water and Sewer Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge that the City Water and Sewer Improvements are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Water and Sewer Improvements and if necessary, rebid the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the City Water and Sewer Improvements from the Project and if applicable, the rebidding of the Project. d, Include in the CONTRACT, a term providing that MERIDIAN will have the right and authority to work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements and that any such claims will be reviewed, approved or denied by MERIDIAN including enforcement of the two (2) year warranty period to be started at the date described in the final acceptance letter from MERIDIAN. e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact the City Water and Sewer Improvements. Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 2 of 9 Page 239— Item#15. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water and Sewer Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the CONTRACT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to the Contractor. h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. i. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or potable water service lines, water valve boxes, manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the City Water and Sewer Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Water and Sewer Improvements. k. Indemnify, save harmless and defend regardless of outcome, MERIDIAN from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by DISTRICT or DISTRICT'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by DISTRICT shall in no event cause the liability of DISTRICT for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of MERIDIAN. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Water and Sewer Improvements incorporated into the Project and installed and adjusted under the CONTRACT and provide copies of appropriate tests and Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 3 of 9 Page 240 Item#15. construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water and Sewer Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for the City Water and Sewer Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the City's Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs attributable to the City Water and Sewer Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight, and maintaining construction project files. f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN'S project costs as they relate to the total project construction costs. g. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer Improvements from one-foot (1') above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of tests for the area along the alignment of the pipeline to the designated DISTRICT representative. h. Be liable for the cost of repairing any trench failure attributable to the City Water and Sewer Improvements within the Project Boundaries, and be liable for and indemnify, Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 4 of 9 Page 241 Item#15. defend and hold DISTRICT harmless for any and all costs, claims, and damages resulting from any such trench failure. L Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water and Sewer Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water and Sewer Improvements. j. Indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. k. Work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements; any and all such claims will be reviewed, approved or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. c. DISTRICT shall obtain MERIDIAN'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 5 of 9 Page 242 Item#15. the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. L This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 6 of 9 Page 243 Item#15. consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Water and Sewer Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 7 of 9 Page 244 Item#15. ATTEST: ADA COUNTY HIGHWAY DISTRICT B ' _. By: Bruce tlyung- __._ en oldthorpe y Director President, Board of Commissioners ATTEST: CITY OF MERIDIAN �4By: o.«. C ris Johns Robert E. Sitos -2021 City Clerk Mayor STATE OF IDAHO ) Ss. COUNTY OF ADA ) Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 8 of 9 EEDI Item#15. On this I day of , 2021, before me, the undersigned, personally appeared KENT GOLDTHORPE and BRUCE WONG, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my-Kand and affixed my official seal the day and year first above written. Notary Publ or, Idaho Comm.62051 Residing at Idaho ° My commission expires: August 13, 2025 �j ��/,�°s000eeo�� ••� STATE OF IDAHO ) OF •••e' ) ss. COUNTY OF ADA ) On this 16th day of November , 2021, before me, the undersigned, personally appeared Robert E.simison and Chris Johnson , Mayor and City Clerk respectively of MERIDIAN, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAY COMMISSION#67390 NOTARY PUBLIC Notary Public for IdahIdaho &TATE OI:ItiAt�EC3Residin at Meridian MY COAi111iEI33lQtJ iEXPIRES 31290 g N My commission expires: 3-28-2022 Interagency Agreement for Roadway Construction and Water and Sewer Construction Rev. 10-2-20 Page 9 of 9 Page 246 Item#15. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2021 Through 9/30/2022 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 96140 WATERLINE EXTENSIONS 620,000.04 0.00 620,000.04 100.00% 0000 NON-DEPARTMENTAL 0.00 156.75 (156.75) 0.00% 10575.a ACHD Linder Road Franklin 0.00 (767.01) 767.01 0.00% Road to RR Tracks - Design & Const 10575.b ACHD Linder Rd to RR 0.00 (38,649.46) 38,649.46 0.00% Tracks Utility Improvements 10591.b ACHD - Meridian Rd. 0.00 (83,544.43) 83,544.43 0.00% Utility Improvements Cherry to Ustick 10624.a Water Main Extension, W 0.00 67,660.74 (67,660.74) 0.00% Amity Rd and S Linder Rd - Design 10631 Water Main Extension, W 0.00 (10,000.00) 10,000.00 0.00% Victory Rd and S Ten Mile Rd 10631.0 Water Main Ext. at Victory 0.00 (37,055.90) 37,055.90 0.00% & Ten Mile - Construction 10763.a ACHD, Linder Road - Cayuse 0.00 0.01 (0.01) 0.00% Creek to Chinden Utility Improvem 10914.a ACHD Ten Mile, McMillan to 0.00 (2,639.36) 2,639.36 0.00% Chinden Utility Improvements 10915 ACHD Eagle Rd Amity to 0.00 147,277.37 (147,277.37) 0.00% Victory Water and Sewer Improve 10975.a ACHD Ten Mile Rd. Utility 0.00 llr05O.25 (11,050.25) 0.00% Imp. (Overland - Victory) 10976.a ACHD - Locust Grove - 0.00 13,103.00 (13,103.00) 0.00% Overland to Victory 10987 ACHD - Ten Mile and Amity 0.00 lr076.00 (lr076.00) 0.00% Intersection 10987.c ACHD - Ten Mile and Amity 0.00 3,641.20 (3,641.20) 0.00% Intersection - Construction 10989.a ACHD - Lake Hazel & Eagle 0.00 13,531.20 (13,531.20) 0.00% Rd. Int Utility Imp. Design 11089 ITD SH16-Chinden to Ustick 0.00 200.00 (200.00) 0.00% Page 247 Date: 1/25/22 11:04:01 AM Pag Item#15. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2021 Through 9/30/2022 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 11089.a ITD SH16-Chinden to Ustick 0.00 17,268.00 (17,268.00) 0.00% - Utility Improvements Carr... Carryforward 669,365.76 0.00 669,365.76 100.00% Total Capital Outlay 1,289,365.80 102,308.36 1,187,057.44 92.07% TOTAL EXPENDITURES 1,289,365.80 102,308.36 1,187,057.44 92.07% Page 248 Date: 1/25/22 11:04:01 AM Pag Item#15. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3590 - WW Construction Projects From 10/1/2021 Through 9/30/2022 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 93505 Sewer Line Extensions 275,000.04 0.00 275,000.04 100.00% 10575.a ACHD Linder Road Franklin 0.00 (593.69) 593.69 0.00% Road to RR Tracks - Design & Const 10575.b ACHD Linder Rd to RR 0.00 (31,381.55) 31,381.55 0.00% Tracks Utility Improvements 10591.b ACHD - Meridian Rd. 0.00 (55,804.09) 55,804.09 0.00% Utility Improvements Cherry to Ustick 10614 Black Cat Trunk Sewer - 0.00 4,013.32 (4,013.32) 0.00% Phase 5 10671.a E. Broadway Ave. Sewer 0.00 (3,684.00) 3,684.00 0.00% Main Ext. - Design 10782.a South Meridian Linder Rd 0.00 908.40 (908.40) 0.00% Sewer Truck - Design 10914.a ACHD Ten Mile, McMillan to 0.00 (1,737.01) 1,737.01 0.00% Chinden Utility Improvements 10915 ACHD Eagle Rd Amity to 0.00 66,205.82 (66,205.82) 0.00% Victory Water and Sewer Improve 10976.a ACHD - Locust Grove - 0.00 (112.75) 112.75 0.00% Overland to Victory 10988 ACHD - Fairview and Locust 0.00 18,115.00 (18,115.00) 0.00% Grove Intersection 10989.a ACHD - Lake Hazel & Eagle 0.00 3,382.80 (3,382.80) 0.00% Rd. Int Utility Imp. Design Carr... Carryforward 1,428,600.96 0.00 1,428,600.96 100.00% Total Capital Outlay 1,703,601.00 (687.75) lr704r288.75 100.04% TOTAL EXPENDITURES lr703,601.00 (687.75) lr704r288.75 100.04% Page 249 Date: 1/25/22 11:04:01 AM Pag Item#16. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Purchase Order for Water and Sewer Improvements in Accordance with the Interagency and Cost Share Agreement with Ada County Highway District for the Not-to-Exceed Amount of$396,652.44 L25l Item#16. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Sandra Ramirez Meeting Date: 2/1/2022 Presenter: N/A Estimated Time: 0.00 Topic: Approve Purchase Order for Water and Sewer Improvements Not-to-Exceed $396,652.44 Recommended Council Action: Approve Purchase Order for Water and Sewer Improvements in accordance with the Interagency and Cost Share agreement with Ada County Highway District for the Not-to-Exceed amount of $396,652.44 and also authorize the Procurement Manager to sign the Purchase Order for the Not- to-Exceed amount of$396,652.44. Background: The Not-to-Exceed amount of$396,652.44 will be used to pay Ada County Highway District for City Water and Sewer Improvements constructed by Central Paving at Ten Mile Rd. between Overland Rd. and Victory Rd. This work is in accordance with the previously approved Interagency and Cost Share agreements by City Council. Page 251 Mayor Robert E. Simison Item E IDi AN �'� City Council Members � Joe Borton Treg Bernt Public Works I A H C� Luke Cavener Brad Hoaglun Depart Jessica Perreault Liz Strader TO: Mayor Robert E. Simison Members of the City Council FROM: Brent A. Blake Engineering Project Manager DATE: January 25, 2022 SUBJECT: IN ACCORDANCE WITH THE INTERAGENCY AGREEMENT AND COST SHARE AGREEMENT PREVIOUSLY APPROVED BY CITY COUNCIL, APPROVE THE NOT-TO-EXCEED AMOUNT OF $396,652.44 TO PAY ADA COUNTY HIGHWAY DISTRICT (ACHD) FOR CITY WATER AND SEWER IMPROVEMENTS CONSTRUCTED BY CENTRAL PAVING IN TEN MILE ROAD BETWEEN OVERLAND ROAD AND VICTORY ROAD. ACHD PROJECT 519041 AND CITY OF MERIDIAN PROJECT 10975 I. RECOMMENDED ACTION A. Move to: In accordance with the Interagency Agreement and Cost Share Agreement, approve the not-to-exceed amount of$396,652.44 to pay ACHD for City water and sewer improvements constructed in Ten Mile Road between Overland Road and Victory Road. ACHD Project 519041 and City of Meridian Project 10975. II. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Project Manager 208-489-0340 Kyle Radek, Assistant City Engineer 208-489-0343 Warren Stewart, City Engineer 208-489-0350 Laurelei McVey, Director of Public Works 208-985-1259 III. DESCRIPTION A. Background ACHD plans to widen Ten Mile Road between Victory and Overland Roads to five lanes. ACHD has agreed, per the attached Interagency Agreement, to include Page 1 of 3 Page 252 Item#16. City water and sewer improvements as part of their project. They incorporated these improvements in their plans and bid documents. B. Proposed Project This project includes the construction of water and sewer improvements. The water improvements will include adjusting water mains, relocating water services and fire hydrants, adjusting water valve boxes, and installing new water main and services. The sewer improvements include extending pressure sewer stubs, installing new sewer main and services, and adjusting manholes to grade. IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. The construction impacts on the residents will be minimized by partnering with ACHD. B. Fiscal Impact: The costs of the City of Meridian infrastructure improvements are $396,652.44 and will be funded from two different accounts as shown below. Project Costs: Fiscal Year 2022 Construction Cost $362,642.00 ACHD Overhead Costs $18,132.00 ACHD Traffic Control, $15,878.44 Mobilization, and Flagging Total $396,652.44 Available Project Funding_ Fiscal Year 2022 Account Code /Codes Water Main Extensions 60-3490-96140 $166,433.22 Sewer Main Extensions 60-3590-93505 $230,219.22 Total Funding $396,652.44 Page 2 of 3 Page 253 Item#16. V. TIME CONSTRAINTS ACHD plans to start construction on this project in February 2022. City approval of this agreement is required for ACHD to install sewer and water improvements as part of their project. VI. LIST OF ATTACHMENTS A. Construction Cost Breakdown Approved for Council Agenda: Page 3 of 3 Page 254 m 3 CITY OF MERIDIAN Purchase Requisition 0 E IDIAN_-- Purchasing Department DATE OF 33 E BROADWAY AVE, STE 106 CITY OF MERIDIAN REQUEST 1/25/2022 MERIDIAN, ID 83642 Public Works PURCHASE ORDER NUMBER MUST APPEAR ON • TEL: (208)489-0417 SLIPS.CARTONSAND CORRESPONDENCE RELAT 'TO THIS ORDER FAX: (208)887-4813 AVAILABLE BUDGET AMOUNT SUGGESTED IS BUDGET AMENDMENT REQUIRED? VENDOR ;Ada County Highway District No CITY SUPPORT TICKET NO. PROJECT MANAGER PAYMENT TERMS FREIGHT TERMS F.O.B. REQUESTOR Brent Blake NET 30 PREPAID DESTINATION Brent Blake PROJECT NAME: ACHD -Ten Mile, Victory to Overland (Construction) Description of Purchase Quantity and Pricing ACCOUNTINGCODES y UNIT UNIT PRICE 1: FUND PART NUMBER/ • • • OR -• TOTAL AMOUNT TASK ORDER/CONTRACT/PROJECT DESCRIPTION Interagency Agreement/Contract 1 LS $ 166,433.22 60 3490 96140 10975.c $ 166,433.22 Interagency Agreement/Contract 1 LS $ 230,219.22 60 3590 93505 10975.c $ 230,219.22 $ - $ - NOTES: Council Approval Date: 2-1-2022 $396,652.44 A ORIZED DEPAR T SIGNATURE N CD (D N Ol Ol Item#16. 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A �dw�P D Kent Goldthorpe,President Dave McKinney,Vice-President q Jim Hansen,Commissioner l/fly�✓wv �O � GPi Alexis Pickering,Commissioner Mary May,Commissioner Capital Projects November 16, 2021 Programming Expenditures 2021-2025 IFYWP Construction $2,682,000 2022 TO: ACHD Commissioners, ACHD Construction $298,000 2023 Director, ACHD Deputy Utilities $74,000 2022 Directors FROM: Amber Morales Project Manager SUBJECT: Interagency Agreement—City of Meridian Water& Sewer-Improvements Ten Mile Rd, Victory Rd to Overland Rd ACHD Project# 519041 Consent Agenda: December 1, 2021 Executive Summary Staff has negotiated an Interagency Agreement with the City of Meridian for water and sewer improvement work as part of the Ten Mile Rd, Victory Road to Overland project. This Interagency Agreement will allow the City of Meridian to add water and sewer improvements to the ACHD contract. Staff recommends approval of the Interagency Agreement. Facts & Findings The corridor improvement project which includes widening to five(5) lanes and constructing enhanced pedestrian and bike facilities (multi-use pathways) on both sides of the roadway, Construction of this project is scheduled for February 2022 to September 2022. This agreement will allow the bidding and construction of City water and sewer work as part of the ACHD construction contract. This agreement has been reviewed and approved by the ACHD Legal Department. Fiscal Implications Costs for the work will be reimbursed by the City of Meridian estimated at$297,408. Policy Implications This project was approved as part of the FY21 Budget and the 2021-2025 Integrated Five-Year Work Plan, adopted by the Commission on September 23, 2020. Page 257 Ada County Highway District•3775 Adams Street•Garden City,ID•83714•PH 208 387 6100 9 FX 345-7650•www.achdidah . Item#16. Alternatives 1. Approve the Interagency Agreement with the City of Meridian and authorize the President of the Commission to execute the agreement on behalf of ACHD. 2. Do not approve the Interagency Agreement and provide staff with further direction. Recommendation Approve the Interagency Agreement with the City of Meridian and authorize the President of the Commission to execute the agreement on behalf of ACHD. Attachment: Interagency Agreement cc: Dyan Bevins,P.E. Ricardo Calderon Project File Page 258 Item#16. INTERAGENCY AGREEMENT FOR: ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION TEN MILE RD, VICTORY RD TO OVERLAND RD ACHD PROJECT NO. 519041 THIS INTERAGENCY AGREEMENT FOR ROADWAY CONSTRUCTION/WATER AND SEWER CONSTRUCTION ("Agreement") is made and entered into this 16th day of November , 2021, by and between the ADA COUNTY HIGHWAY DISTRICT, a highway district organized under the laws of the State of Idaho ("DISTRICT" or "ACHD"), and the CITY OF MERIDIAN, a municipal corporation organized under the laws of the State of Idaho ("MERIDIAN" or "City"), regarding ACHD Project no. 519041. RECITALS WHEREAS, ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights-of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform, provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes, powers, rights, objectives and responsibilities of the contracting parties; and WHEREAS, DISTRICT and MERIDIAN desire to undertake a cooperative effort to incorporate into the DISTRICT'S road construction projects known as TEN MILE RD, VICTORY RD TO OVERLAND RD ("Project" or "Project Boundaries"), certain modifications or improvements to City owned facilities, including constructing water and sewer services, adjusting water valve boxes and covers and sewer manholes to grade, and correcting potablelnon-potable spacing issues (collectively, "City Water and Sewer Improvements") as detailed in Project no. 519041, to be constructed pursuant to a separately-executed agreement between DISTRICT and the selected Contractor ("CONTRACT"); and WHEREAS, DISTRICT is willing to accommodate MERIDIAN S request by including the City Water and Sewer Improvements in the Project plans, subject to the terms, conditions and obligations set forth in this Agreement and so long as DISTRICT receives assurances by the City that it will fully reimburse DISTRICT for all actual costs including, without limitation, any indirect costs and expenses that DISTRICT incurs as a result of the additional work attributable to the modification or installation of the City Water and Sewer Improvements within the Project Boundaries; and Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to Overland Rd—ACHD—City of Meridian—Project no.519041 Page 1 of 9 Page 259 Item#16. NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. DISTRICT SHALL: a. Be the party responsible for soliciting, receiving and opening of bids and for executing and administering the construction CONTRACT for the roadway reconstruction and City Water and Sewer Improvements referenced herein, which CONTRACT shall include, infer alia, a provision that all work required for the City Water and Sewer Improvements shall be performed in conformance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC) and the most current City of MERIDIAN Supplemental Specifications to the ISPWC. It is hereby specifically agreed that: i. Adjustment of water valve boxes and covers to grade shall include reconstruction in conformance with ISPWC Section 404, and ii. Adjustment of sewer manholes to grade shall include reconstruction in conformance with ISPWC Section 602. b. Provide MERIDIAN with a complete set of combined bid documents for the roadway reconstruction, and for the City Water and Sewer Improvements. c. Furnish MERIDIAN with an abstract of all bids received, and obtain MERIDIAN'S written concurrence with DISTRICT'S recommendation for award of the CONTRACT prior to making such award. MERIDIAN'S concurrence shall specifically acknowledge that the City Water and Sewer Improvements are and shall be subject to the terms and conditions of this Agreement. If MERIDIAN does not concur, DISTRICT shall remove the City Water and Sewer Improvements and if necessary, rebid the Project. MERIDIAN shall be responsible and shall reimburse DISTRICT for any and all costs suffered by DISTRICT attributable to the removal of the City Water and Sewer Improvements from the Project and if applicable, the rebidding of the Project. d. Include in the CONTRACT, a term providing that MERIDIAN will have the right and authority to work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements and that any such claims will be reviewed, approved or denied by MERIDIAN including enforcement of the two (2) year warranty period to be started at the date described in the final acceptance letter from MERIDIAN. e. Coordinate with MERIDIAN should any changes be made to DISTRICT's portion of the CONTRACT or work pursuant thereto that does or may impact the City Water and Sewer Improvements. Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,victory Rd to Overland Rd-ACHD-City of Meridian-Project no.51904.1 Page 2 of 9 Page 260 Item#16. f. Make monthly progress payments and the final CONTRACT payment to the Contractor in conformance with the terms of the construction CONTRACT. g. Submit to MERIDIAN a copy of each design consultant billing attributable to the City Water and Sewer Improvements if applicable and Contractor progress payment estimate, and the final CONTRACT payment estimate, as such estimates are approved by DISTRICT after obtaining MERIDIAN'S concurrence regarding MERIDIAN'S portion of the CONTRACT, together with an invoice for MERIDIAN'S share of the construction CONTRACT costs earned by and to be paid to the Contractor. h. As applicable, provide for the reference and replacement of all pre-existing survey monuments within the Project. i. Provide the field survey and grade control necessary for construction of the roadway. Centerline or offsets and stationing shall be established prior to the City staking any sanitary sewer or potable water service lines, water valve boxes, manhole locations, and other City facilities. j. At the conclusion of the Project, submit to MERIDIAN written documentation of expenditures with an invoice for payment of all costs and expenses the DISTRICT incurs, in addition to those provided under paragraph 1.g. above, as a result of the additional work attributed to the City Water and Sewer Improvements within the Project Boundaries, including but not limited to, costs or changed conditions, plan errors and omissions, and delays attributable to design and/or installation of the City Water and Sewer Improvements. k. Indemnify, save harmless and defend regardless of outcome, MERIDIAN from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by DISTRICT or DISTRICT'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by DISTRICT shall in no event cause the liability of DISTRICT for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of MERIDIAN. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. 2. MERIDIAN SHALL: a. Provide the inspection, field survey and grade control required for the installation of all City Water and Sewer Improvements incorporated into the Project and installed Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to Overland Rd—ACHD—City of Meridian—Project no.519041 Page 3 of 9 Page 269 —{ Item#16. and adjusted under the CONTRACT and provide copies of appropriate tests and construction diaries to the District Project Representative as designated by DISTRICT. b. Provide DISTRICT with the special provisions if applicable, and stamped plans, bid quantities and an Engineers Estimate (or pursuant to Paragraph 1.g. pay the DISTRICT the actual cost if the DISTRICT'S design consultant prepares the same) for the City Water and Sewer Improvements to be incorporated into the Project and included in the bid documents for the CONTRACT (all work required for the City Water and Sewer Improvements to be performed in accordance with the most current edition of the Idaho Standards for Public Works Construction (ISPWC), the City's Supplemental Specifications to the ISPWC, and the City's Revisions to the Standard Specifications). c. Remit to DISTRICT, within thirty-five (35) calendar days after the date of any invoice referenced in paragraph 1.g., all funds for which MERIDIAN is responsible pursuant to the approved progress payment estimate and the final CONTRACT payment estimate. d. Remit to DISTRICT, within thirty-five (35) calendar days after the date of invoice referenced in paragraph 1.j., all funds for which MERIDIAN is responsible pursuant to this Agreement. e. Reimburse DISTRICT five percent (5%) of MERIDIAN'S construction costs attributable to the City Water and Sewer Improvements as payment toward the additional costs incurred by DISTRICT, including overhead and benefits, and project administration costs which include but are not limited to: public advertisement of the Project, supplying bid plans, supplying construction plans, preparing and holding the preconstruction meeting, generating monthly pay estimates and paying the Contractor, preparing change orders, general construction project oversight, and maintaining construction project files. f. Reimburse DISTRICT for mobilization, traffic control, flagging, detours and weekly meetings on a prorated basis. The prorated basis for the above items will be calculated using the percentage of MERIDIAN'S project costs as they relate to the total project construction costs. g. Provide (at City's sole costs) trench compaction testing for the City Water and Sewer Improvements from one-foot (1') above the pipe zone to sub-grade of the roadway section; trench compaction testing shall be provided at the minimum frequency rate of one (1) test per one thousand (1,000) lineal feet, minimum one (1) for every three (3) transverse trenches; provide all re-testing required in any area that does not meet CONTRACT requirements; and provide copies of tests for the area along the alignment of the pipeline to the designated DISTRICT representative. Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to Overland Rd—ACHD—City of Meridian—Project no.519041 Page 4 of 9 Page 262il Item#16. h. Be liable for the cost of repairing any trench failure attributable to the City Water and Sewer Improvements within the Project Boundaries, and be liable for and indemnify, defend and hold DISTRICT harmless for any and all costs, claims, and damages resulting from any such trench failure. i. Reimburse DISTRICT for any additional costs to DISTRICT over and above costs specifically enumerated herein, where such costs are attributable to the installations, adjustments, relocations and abandonments of the City Water and Sewer Improvements or to the removal of any or all items from the CONTRACT that are associated with the installation of the City Water and Sewer Improvements. j. Indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by MERIDIAN or MERIDIAN'S officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to the City Water and Sewer Improvements. Such indemnification hereunder by MERIDIAN shall in no event cause the liability of MERIDIAN for any negligent act to exceed the amount of loss, damages, or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of DISTRICT. This duty to defend, indemnify and hold harmless is subject to the limitations of Idaho law, including Article VII Section 4, Idaho Constitution and Idaho Code Title 6 Chapter 9 (the Idaho Tort Claims Act), and to any other limitations set forth in the Agreement. k. Work directly with the Contractor to resolve any claims relating in any way to the City Water and Sewer Improvements; any and all such claims will be reviewed, approved or denied by MERIDIAN and MERIDIAN shall indemnify, save harmless and defend regardless of outcome, DISTRICT from expenses and against suites, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with the Contractor. 3. THE PARTIES HERETO FURTHER AGREE THAT: a. In accordance with Idaho Code § 67-2332, the purposes, powers, rights and objectives of each of the parties are as set forth in the Recitals above. Each of the Recitals above is incorporated into the body of this Agreement. b. The amount to be reimbursed to DISTRICT by MERIDIAN for MERIDIAN'S portion of the Project shall be based on the actual quantities of work acceptably performed and/or installed, as determined from field measurements made by MERIDIAN, and paid for pursuant to the unit, and or lump sum prices, established in the CONTRACT. Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to Overland Rd—ACHD—City of Meridian—Project no.519041 Page 6 of 9 Page 263 Item#16. c. DISTRICT shall obtain MERIDIAN 'S approval prior to commencement of any change order work involving the installations, adjustments, relocations and abandonments of City water or sewer facilities. d. Prior to commencement of work by the Contractor, the parties will, together with the Contractor, inspect within the entire Project Boundaries for the purpose of reviewing the Project to locate any unstable areas and to resolve any items of concern or misunderstanding. e. This Agreement may not be enlarged, modified, amended, or altered except in writing signed by both of the parties hereto. f. All signatories to this Agreement represent and warrant that they have the power to execute this Agreement and to bind the agency they represent to the terms of this Agreement. g. Should either party to this Agreement be required to commence legal action against the other to enforce the terms and conditions of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and costs incurred in said action. h. Any action at law, suit in equity, arbitration, or judicial proceeding for the enforcement of this Agreement shall be instituted only in the courts of the State of Idaho, County of Ada. i. This Agreement shall be binding upon and inure to the benefit of the personal representatives, heirs and assigns of the respective parties hereto. j. Nothing in this Agreement shall be construed to be an indebtedness or liability in violation of Article VIII, Section 3 of the Idaho Constitution. k. The validity, meaning and effect of this Agreement shall be determined in accordance with the laws of the State of Idaho. I. This Agreement and the exhibits hereto constitute the full and entire understanding and agreement between the parties with regard to the transaction contemplated herein, and no party shall be liable or bound to the other in any manner by any representations, warranties, covenants or agreements except as specifically set forth herein. m. The promises, covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to Overland Rd —ACHD—City of Meridian—Project no. 519041 Page 6 of 9 Page 264 Item#16. n. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. o. The failure of a party to insist on the strict performance of any provision of this Agreement or to exercise any right or remedy upon a breach hereof shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. No acknowledgments required hereunder, and no modification or waiver of any provision of this Agreement or consent to departure therefrom, shall be effective unless in writing and signed by DISTRICT and MERIDIAN. p. The headings used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. q. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same. r. The parties hereto agree that nothing herein contained shall be construed to create a joint venture, partnership or other similar relationship which might subject any party to liability for the debts and/or obligations of the others, except as otherwise expressly agreed in this Agreement. s. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person not a party hereto. t. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. u. Time shall be of the essence for all events and obligations to be performed under this Agreement. Without limiting the foregoing, in the event that MERIDIAN does not timely comply with any of its obligations hereunder, DISTRICT shall have no obligation whatsoever to incorporate, facilitate, and/or complete the City Water and Sewer Improvements, regardless of whether prior approval has been given by DISTRICT to MERIDIAN. Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,victory Rd to Overland Rd —ACHD—City of Meridian—Project no. 519041 Page 7 of 9 Page 265 Item#16. IN WITNESS HEREOF, the parties hereto have executed this Agreement on the day and year herein first written. ATTEST: ADA COUNTY HIGHWAY DISTRICT lBy: �, - _ By: -� Kent Goldthorpe Director President, Board of Commissioners ATTEST: CITY OF MERIDIAN Cqf, AN ♦.o By: LL 11 sFAt. By. Chris John n `"" Robert E. Si so City Clerk 11-16-2021 Mayor 11-16-2021 Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to Overland Rd-ACHD-City of Meridian-Project no.519041 Page 8 of 9 Page 266 Item#16. STATE OF IDAHO ) ) ss. COUNTY OF ADA ) On this ` day of Gem Lek 2021, before me, the undersigned, personally appeared KENT GOLDTHORPE and BRUCE WONG, President of the Board of Commissioners and Director respectively of the ADA COUNTY HIGHWAY DISTRICT, a body politic and corporate, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said body. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. "NotaryPublic : for Idaho = Comm.62051 Residing at �IS� , Idaho % A LAG .°pe: My commission expires: August 13, 2025 STATE OF IDAHO ) ss. COUNTY OF ADA ) On this 16th day of November o 2021, before me, the undersigned, personally appeared Robert E. Simison and Chris Johnson , Mayor and City Clerk respectively of MERIDIAN CITY, a municipal corporation, known to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me that they executed the same for and on behalf of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. CHARLENE WAY COMMISSION#57390 Notary Public for Idaho NOTARY PUBLIC Residing at Meridian , Idaho STAtar s OF rrxPREs wmn My commission expires: 3-28-2022 Interagency Agreement for Roadway Construction and Water and Sewer Construction Ten Mile Rd,Victory Rd to Overland Rd—ACHD—City of Meridian—Project no.619041 Page 9 of 9 Page 267 Item#16. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2021 Through 9/30/2022 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 96140 WATERLINE EXTENSIONS 620,000.04 0.00 620,000.04 100.00% 0000 NON-DEPARTMENTAL 0.00 156.75 (156.75) 0.00% 10575.a ACHD Linder Road Franklin 0.00 (767.01) 767.01 0.00% Road to RR Tracks - Design & Const 10575.b ACHD Linder Rd to RR 0.00 (38,649.46) 38,649.46 0.00% Tracks Utility Improvements 10591.b ACHD - Meridian Rd. 0.00 (83,544.43) 83,544.43 0.00% Utility Improvements Cherry to Ustick 10624.a Water Main Extension, W 0.00 67,660.74 (67,660.74) 0.00% Amity Rd and S Linder Rd - Design 10631 Water Main Extension, W 0.00 (10,000.00) 10,000.00 0.00% Victory Rd and S Ten Mile Rd 10631.0 Water Main Ext. at Victory 0.00 (37,055.90) 37,055.90 0.00% & Ten Mile - Construction 10763.a ACHD, Linder Road - Cayuse 0.00 0.01 (0.01) 0.00% Creek to Chinden Utility Improvem 10914.a ACHD Ten Mile, McMillan to 0.00 (2,639.36) 2,639.36 0.00% Chinden Utility Improvements 10915 ACHD Eagle Rd Amity to 0.00 147,277.37 (147,277.37) 0.00% Victory Water and Sewer Improve 10975.a ACHD Ten Mile Rd. Utility 0.00 llr05O.25 (11,050.25) 0.00% Imp. (Overland - Victory) 10976.a ACHD - Locust Grove - 0.00 13,103.00 (13,103.00) 0.00% Overland to Victory 10987 ACHD - Ten Mile and Amity 0.00 lr076.00 (lr076.00) 0.00% Intersection 10987.c ACHD - Ten Mile and Amity 0.00 3,641.20 (3,641.20) 0.00% Intersection - Construction 10989.a ACHD - Lake Hazel & Eagle 0.00 13,531.20 (13,531.20) 0.00% Rd. Int Utility Imp. Design 11089 ITD SH16-Chinden to Ustick 0.00 200.00 (200.00) 0.00% Page 268 Date: 1/21/22 12:28:48 PM Pag Item#16. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2021 Through 9/30/2022 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 11089.a ITD SH16-Chinden to Ustick 0.00 17,268.00 (17,268.00) 0.00% - Utility Improvements Carr... Carryforward 669,365.76 0.00 669,365.76 100.00% Total Capital Outlay 1,289,365.80 102,308.36 1,187,057.44 92.07% TOTAL EXPENDITURES 1,289,365.80 102,308.36 1,187,057.44 92.07% Page 269 Date: 1/21/22 12:28:48 PM Pag Item#16. City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Sandra 60 - Enterprise Fund 3590 - WW Construction Projects From 10/1/2021 Through 9/30/2022 Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining Capital Outlay 93505 Sewer Line Extensions 275,000.04 0.00 275,000.04 100.00% 10575.a ACHD Linder Road Franklin 0.00 (593.69) 593.69 0.00% Road to RR Tracks - Design & Const 10575.b ACHD Linder Rd to RR 0.00 (31,381.55) 31,381.55 0.00% Tracks Utility Improvements 10591.b ACHD - Meridian Rd. 0.00 (55,804.09) 55,804.09 0.00% Utility Improvements Cherry to Ustick 10614 Black Cat Trunk Sewer - 0.00 4,013.32 (4,013.32) 0.00% Phase 5 10671.a E. Broadway Ave. Sewer 0.00 (3,684.00) 3,684.00 0.00% Main Ext. - Design 10782.a South Meridian Linder Rd 0.00 908.40 (908.40) 0.00% Sewer Truck - Design 10914.a ACHD Ten Mile, McMillan to 0.00 (1,737.01) 1,737.01 0.00% Chinden Utility Improvements 10915 ACHD Eagle Rd Amity to 0.00 66,205.82 (66,205.82) 0.00% Victory Water and Sewer Improve 10976.a ACHD - Locust Grove - 0.00 (112.75) 112.75 0.00% Overland to Victory 10988 ACHD - Fairview and Locust 0.00 18,115.00 (18,115.00) 0.00% Grove Intersection 10989.a ACHD - Lake Hazel & Eagle 0.00 3,382.80 (3,382.80) 0.00% Rd. Int Utility Imp. Design Carr... Carryforward 1,428,600.96 0.00 1,428,600.96 100.00% Total Capital Outlay 1,703,601.00 (687.75) lr704r288.75 100.04% TOTAL EXPENDITURES lr703,601.00 (687.75) lr704r288.75 100.04% Page 270 Date: 1/21/22 12:51:06 PM Pag Item#17. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County for Fiscal Year 2022 Page 271 Item#17. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Meridian Fire Department Meeting Date: February 1, 2022 Presenter: Deputy Chief Joe Bongiorno Estimated Time: 5 minutes Topic: Renewal of EMS JPA for fiscal year 2022 Recommended Council Action: Mayor and Council approval of the Annual Renewal of Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County (EMS JPA) Background: [Provide context and reasoning for the recommendation] Page 272 Mayor Robert E. Simison E I D I AN ��� Treg City Council Members: i+ Bernt Brad Hoaglun Joe Borton Jessica Perreault Luke Cavener Liz Strader February 10, 2022 Stacy Winn Office Administrator Ada County Paramedics 370 N. Benjamin Ln. Boise, ID 83704 RE: Notice of City of Meridian's Annual Renewal of Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County (EMS JPA) Dear Ms. Winn, At its regular meeting on February 1, 2022, the Meridian City Council voted to renew the City of Meridian's participation in the EMS JPA through September 30, 2022. Pursuant to Section 3.2 of the EMS JPA, a Party may renew its participation in the JPA by providing written notice to all other Parties. I am writing to you in your capacity as Secretary and requesting that you distribute this notice to all Parties to the Agreement. Thank you for your assistance in this matter. incerely, 4R Robert i 4orison Mayor cc: Meridian City Clerk Judy Gerhart, Meridian Fire Department Mayor's Office . 33 E.Broadway Avenue,Meridian,ID 83642 Phone 208-489-0529 . www.meridiancity.org Item#17. AGREEMENT NO. 1 Z-1 3 S - 2-2-1 State me nt of Purpos a for Ame ndme nts to: RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY Purpose of Proposed Amendments to the Agreement: 1. To provide for consistent use of the acronym "ACCESS" and/or "System" to refer to the Ada County-City EMS System and clarify that all parties, except Kuna Rural Fire District, are licensed as a single EMS entity with various levels of EMS licenses issued by the state of Idaho. 2. To remove the power of the Joint Powers Board to provide recommendations to a parry's governing body regarding that party's licensure level within the System 3. To clarify the joint responsibilities between the parties for the System budget, recognizing both the use of the ACEMS District property tax levy and the contributions of all parties, with a goal of shared resources and efficiencies. 4. To remove references to the use of property tax funds levied by the ACEMS District commencing in the fourth renewal year of the JPA. 5. To provide that Kuna agrees to maintain its own state-issued license. 6. To provide that the ACEMS, District will purchase all necessary disposable medical supplies for agencies operating under the System license. 7. To establish that the System Medical Directorate consists of a minimum of two (2) Medical Directors, to be provided through party contributions made part of the System budget. If there are any questions concerning the proposed Amendments, please contact Stacy Winn, at ACEMS at swinn,cuadacount0d.gov Page 273 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY Establishing the Ada County-City EMS System("ACCESS") This Restatedand Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County (the "Agreement") is entered into by and between Ada County, the Ada County Emergency Medical Services District, the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, and Star Joint Fire Protection District, and is effective as of the last date of execution of this Agreement. RECITALS;PURPOSES; AUTHORITY Purpose.The Purpose of this Agreement is to establish the Ada County-City EMS System (the "System") and Joint Powers Board appointed by the respective Parties authorized to operate and manage the joint, coordinated, and unified provision and maintenance of pre-hospital, emergency and non-emergency medical services, including medical transport, rescue, and extrication services, within all county, city, emergency medical services district, and fire district jurisdictions within the System Area in order to provide certainty, consistency and economy in the management and delivery of EMS services. 1. Sections 67-2326 through 67-2333, Idaho Code,provide that public agencies may enter into agreements with one another for joint or cooperative action which includes, but is not limited to, joint use, ownership, and/or operation agreements and interagency contracts for service, activity or undertakings. This Agreement is, and shall be construed as, a joint powers agreement enacted pursuant to Sections 67-2326 through 67-2333, Idaho Code. 2. Fire Districts have authority under Sections 31-1430 and 31-1417, Idaho Code, to enter into intra-agency and mutual aid agreements. 3. The Ada County Board of Commissioners, in its capacity as the governing board of the Ada County Emergency Medical Services District ("ACEMS District")pursuant to Chapter 39, Title 31, Idaho Code, provides emergency medical services in Ada County. All Parties to this Agreement, with the exception of Kuna Rural Fire District (hereinafter"Kura"), are licensed as a single EMS entity with various levels of EMS licenses issued by the state of Idaho, known as "Ada County-City EMS System" ("ACCESS"). 4. All Parties to this Agreement, with the exception of Kuna shall be responsible for maintaining the ACCESS license, to the extent it remains in the Parties'best interest to do so. 5. The governing boards of the Parties have determined that it is in the best interests of each Party and their taxpayers and for the persons residing and found within their respective boundaries, to create the System. Now, for and in consideration of the mutual covenants and promises herein set forth, and for other good and valuable consideration hereby acknowledged by the Parties to this Agreement as having been received, the Parties hereby mutually promise, RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 1 Item#17. covenant and agree as follows: AGREEMENT ARTICLE I DEFINITIONS When used herein, the following words shall have the attendant meaning: 1.1 "ACEMS District" means the Ada County Emergency Medical Services District, a Party to this Agreement. 1.2 "Ada County-City EMS System" means the Ada County-City EMS System as herein created and may sometimes be referred to as the "System" or"ACCESS." 1.3 "Ambulance" means any privately or publicly owned motor vehicle or nautical vessel, authorized to provide service in the System, used for, or intended to be used for, the transportation of sick or injured persons who may need medical attention during transport. This may include dual or multipurpose vehicles. 1.4 "Ambulance Service" means an agency, licensed to operate within the System, with the intent to provide personnel and equipment for medical treatment at an emergency scene, during transportation or during transfer of persons experiencing physiological or psychological illness or injury who may need medical attention during transport. 1.5 "Default" means any violation, failure to perform, or breach of any covenant, agreement, term or condition of this Agreement. 1.6 "Emergency Medical Services" or "EMS" means the system utilized in responding to a perceived individual need for immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. 1.7 "Joint Powers Board" means the System Joint Powers Board,(`Board"), formed pursuant to this Agreement, which is authorized to administer this Agreement on behalf of the Parties. 1.8 "Parties" means Ada County, the cities and districts that have executed this Agreement. 1.9.1 "Inclusive Area Party Agencies"means Public Agencies that are Parties to this Agreement whose boundaries include area only within Ada County, state of Idaho. 1.9.2 "Non-Inclusive Area Party Agencies" means Public Agencies that are Parties to this Agreement whose boundaries include area within Ada County and within Canyon County, or any other neighboring county to Ada County, state of Idaho. 1.10 "Non-transport Service" means an agency with associated apparatus and personnel RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 2 Page 275 Item#17. licensed to operate within the System, operated with the intent to provide personnel or equipment for medical stabilization at an emergency scene, but not intended to be the service that will actually transport sick or injured persons. 1.11 "Public Agency" means any city or political subdivision of this state, including, but not limited to emergency medical service districts; fire districts; cities; and any other government subdivision of the state of Idaho, including any agency of the state of Idaho holding a current EMS license and providing EMS within or contiguous to the boundaries of Ada County. 1.12 "System Area"means all the geographic area within the boundaries of the"Inclusive Area Party Agencies"and those designated areas for inclusion within the System which are also within the boundaries of the "Non-Inclusive Area Party Agencies." 1.13.1 The "System Area"may be modified, upon consent of all Parties, to include area within an adjoining county; 1.13.2 The "System Area" may be modified, upon consent of all Parties, to exclude area within Ada County upon the condition the area excluded will then be subject to a lice "System" in an adjoining County. 1.14 "Fiscal Year"means the period of time commencing October 1 and ending on September 30 of the following year. ARTICLE II THE ADA COUNTY-CITY EMS SYSTEM (SYSTEM) 2.1 Establishment of the System. There is hereby established the ACCESS System. The System shall be created for the express purpose of providing for joint management, provision, operation, and maintenance of pre-hospital emergency and non-emergency medical services, including medical transport, rescue,and extrication services, within the System Area. The System shall exist as a joint exercise of the authority to provide EMS services by all the Parties to this Agreement, and shall be administered by a Joint Powers Board as provided in Article IV of this Agreement. The System, through the Joint Powers Board, Administrative Committee, and the Medical Directorate, shall establish standards and provide for the coordinated management, provision and maintenance of pre-hospital, emergency, and non-emergency medical services, including medical transport, rescue, and extrication services, within the System Area. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 3 Page 276 Item#17. 2.2 Scope of Services and Operation. The System shall coordinate the management, provision, operation and maintenance of pre-hospital, emergency, and non-emergency medical services, including medical transport, rescue,and extrication services within the System Area. The Parties shall respond to 9-1-1 and other calls necessitating the services of the System within the System Area. By this Agreement, the Parties agree to cooperatively exercise their respective powers within the System Area in a manner consistent with this Agreement. ARTICLE III PARTIES, DURATION,AMENDMENT,WITHDRAWAL AND TERMINATION 3.1 Parties to this Agreement. The Parties to this Agreement are Ada County, the Ada County Emergency Medical Services District, the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, and Star Joint Fire Protection District. The City of Boise represents the interests of North Ada County Fire and Rescue, which withdrew as a Party, effective March 5, 2018, pursuant to Article 3.4.1. For all purposes under this Agreement, the City of Boise and North Ada County Fire and Rescue constitute one (1)Party.Each Party intends to and does by this Agreement contract with each other Party and any other Agencies as may later be added. Additional Parties may be added by resolution of the Board and amendment of this Agreement. Each Party agrees that the removal of any Party from this Agreement does not affect this Agreement with respect to eachremaining Party. 3.2 Duration/Annual Renewal. This Agreement shall continue in force and effect from its Execution Date through September 30, 2013. Thereafter this Agreement may be renewed for successive one(1) year terms. Renewal terms shall be effective from October 1 through September 30 of each successive calendar year. A Party may renew this Agreement by providing written notice to all other Parties. 3.3 Amendment.This Agreement may be amended only in accordance with the provisions of Article XI. 3.4 Withdrawal. 3.4.1 No Party shall withdraw from this Agreement unless it demonstrates one or more of the following circumstances: 3.4.1.1 The withdrawing Party is insolvent or otherwise financially unable to carry out its obligations under this Agreement; 3.4.1.2 A court has determined that it is unlawful for the Party to continue to perform under or be Party to this Agreement; 3.4.1.3 A material breach of any term of this Agreement has occurred; or RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 4 Page 277 Item#17. 3.4.1.4 Two or more Parties, after signing, consolidate services and wish to combine their representation under this Agreement as part of said consolidation. 3.4.2 Notice of withdrawal must be provided to the Parties no less than sixty (60) days before the effective date of withdrawal. However, a withdrawal shall not be effective if the condition or conditions giving rise to the withdrawal are cured to the reasonable satisfaction of the withdrawing Party within sixty (60) days after the date of notice of withdrawal is provided. 3.4.3 Withdrawing Party to Cease EMS Services In Service Area. Each P arty agrees, as a special consideration to each other Party,that in the event they withdraw from this Agreement, either by voluntarily withdrawing or for cause by default, that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Department of Health and Welfare Bureau of EMS as that license authorizes EMS services in the System Area by that Party.In the event a withdrawing Party fails to cease to provide EMS services in the System Area,the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. 3.5 Complaints. The authority to investigate a complaint against a Party may be conducted by the Administrative Committee or by the Board, when involving cause for termination. Member/s of the Party or Parties who are the subject of the complaint cannot vote on motions to proceed with the investigation or matters related to the conduct or financing of the investigation. Each Party shall cooperate with any investigation of complaints regarding performance of services governed under this Agreement. 3.5.1 Complaints involving personnel of a Party are to be treated as described in Section 8.5.3 of this Agreement. 3.6 Party Termination. 3.6.1 For Cause.AParty maybe terminated from this Agreement by action of the Board for cause in the event they are in default of this Agreement. Prior to termination of a Party the Board shall conduct a hearing to determine if there is a default of this Agreement that has not been cured by the defaulting Party. The following procedures shall be met: 3.6.1.1 The Board shall provide to the defaulting Party fourteen (14) days written notice of a hearing to show cause. 3.6.1.2 The notice shall specify the reasons for the default and the intention to terminate the Party as a Party to this Agreement. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 5 Page 278 Item#17. 3.6.1.3 In the event the default is cured within the fourteen(14) days and before the commencement of the scheduled hearing before the Board, the Board shall so note on the record of the proceedings and the hearing shall then be concluded. 3.6.1.4 In the event the default is not cured, the Board shall, upon conclusion of their deliberation, issue findings of fact and conclusions of law and order of decision within thirty (30) days of the date of the hearing. 3.6.1.5 A Board member representing a Party that the Board is considering terminating shall recuse himself/herself from voting on the termination and all proceedings involved in the matter of termination. 3.6.2 Effect of Termination. The termination or withdrawal of any Party pursuant to this subsection shall not constitute a termination of the entire Agreement, and the remaining Parties shall continue to perform under this Agreement for the remainder of the contract term. 3.6.3 Terminated Party to Cease EMS Services In Service Area. Each Party agrees, as a special consideration to each other Party,that in the event they are terminated from this Agreement,either by voluntarily withdrawing or for cause by default, that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Idaho Department of Health and Welfare EMS Bureau as that license authorizes the provision of EMS services in the System Area by that Party. In the event a terminated Party fails to cease to provide EMS services in the System Area, the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. ARTICLE IV ADMINISTRATION OF THE ADA COUNTY-CITY EMS SYSTEM JOINT POWERS BOARD 4.1 Establishment of the Joint Powers Board;Membership;Officers. 4.1.1 Establishment of the Board. There is hereby established the Joint Powers Board of the System. The Joint Powers Board shall serve as the governing board of the System and operate the System on behalf of the Parties. 4.1.2 Joint Powers Board Membership.The System shall be governed by the Board whose membership shall consist of one (1) elected official representing each Party, and a total of two(2) elected officials of the ACEMS District/Ada County Board of Commissioners. 4.1.2.1 Each Party shall also designate an alternate elected official to serve in the absence of their designated Board member. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 6 Page 279 Item#17. 4.1.2.2 Each Party's appointee shall be given the authority to vote on all matters before the Board with the exception of financial decisions requiring the appropriation and/or expenditure of funds by the Party. 4.13 Officers.Annually, during first meeting held in new Fiscal Year,the Joint Powers Board shall elect a chairman and a vice chairman whose primary responsibilities are as follows: 4.1.3.1 The Chairman shall be a member of the Board and shall conduct all meetings of the Board and execute all contracts and resolutions on behalf of and as authorized by the Board and any other duties assigned by the Board; and 4.1.3.2 The Vice Chairman shall be a member of the Board and shall carry out the functions of the Chairman in the absence of the Chairman and, through his/her delegate, as needed, be responsible for posting agenda notices and preparation of minutes of the Board and for maintaining the records of the Board and any other duties assigned by the Board; and 4.1.3.3 These officers shall have no powers or duties except as provided in this Agreement. 4.2 Powers,Duties and Operations of the Joint Powers Board. 4.2.1 Powers. Pursuant to Section 67-2328, Idaho Code, the Board is responsible to operate and manage the System. In order to accomplish the Purpose of this Agreement,the Joint Powers Board shall have,in addition to other powers provided herein, the authority to adopt procedures for its operation as well as to adopt standards for the coordinated management, provision, operation and maintenance of pre-hospital, emergency, and non-emergency medical services, including medical transport, rescue,and extrication services, within the System Area. The Board shall have discretionary powers to manage and conduct the business and affairs of the System. However, the governing board of a Party shall approve any action that will financially obligate that Party. The discretionary powers shall include, but not be limited to, the following: 4.2.1.1 Receive recommendations from the Administrative Committee and the Medical Directorate; 4.2.1.2 Approve procedures for the operation, meeting, and other administrative matters of the Board and the System; 4.2.1.3 Approve the Standard Operating Procedures for the System. However, any standards approved regarding qualifications for holding a position RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 7 Page 280 Item#17. shall provide an exemption for any personnel of any Party who at the effective date of this Agreement holds such a position unless contrary to law; 4.2.1.4 Adopt medical protocols and other matters related to the Medical Directorate; 4.2.1.5 Approve response standards, including policies regarding dispatch responses; 4.2.1.6 Recommend for approval, as set forth in section 4.4 of this Agreement, a budget and financial plan as well as subsequent funding, including joint purchasing of property; 4.2.1.7 Approve the allocation of resources, including stationing of personnel and vehicles; 4.2.1.8 Adopt a training and education plan for licensed personnel; 4.2.1.9 Approve the deployment plan of EMS equipment; 4.2.1.10 Recommend that the Board acquire, hold, and dispose of real and personal property jointly owned by and used in the System; 4.2.1.11 Deal with other matters necessary and convenient in furtherance of the Purpose of this Agreement; 4.2.1.12 Identify matters that require approval of the Parties' governing boards; 4.2.1.13 Comply with the Idaho Open Meetings laws; 4.2.1.14 Operate on a fiscal year from October 1 through September 30; and 4.2.1.15 Adopt, administer and implement EMS standards, protocols and procedures. If EMS standards, protocols and procedures adopted by the Board impose higher standards than are required by any state statute or rule the standards and procedures adopted by the Board shall apply to the Parties to the extent allowed by law in the System Area. 4.2.2 As required by law, the Board shall report to the Idaho Department of Health and Welfare EMS Bureau any findings of Agency violation of state EMS laws or rules which occurred within the System Area. 4.2.3 Resolutions and Board procedures shall be compiled and organized according to subject and maintained by the Joint Powers Board, which shall provide each Party with a copy of all resolutions and procedures. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 8 Page 281 Item#17. 4.2.4 The approval of the governing board of each Parry is required for any matter approved by the Joint Powers Board that includes financial contribution by a Party, including the purchase of real property and personal property. 4.3 Meetings,decisions, and communication. The Board shall adopt rules of procedure for the conduct of their meetings that are consistent with the provisions of this Agreement. 4.3.1 The Board shall meet regularly to confer and carry out the business of the Board and the System in the following manner: 4.3.1.1 For all meetings of the Board fifty percent(50%)of the members of the full Board shall constitute a quorum for the purposes of conducting business. 4.3.1.2 All motions, resolutions, and actions of approval on any matter by the Board require a unanimous vote of the Board members present. 4.3.1.1.1 In regard to matters before the Board that only involve a combined licensure as provided in Article V of this Agreement, only the Board members of Parties that have combined their licenses may vote. 4.3.1.3 The Board must provide at least fourteen (14) days advance written notice to all Parties when considering all matters requiring a vote of the Board members. 4.3.1.4 Only Board members, or their alternates, shall have voting privileges. 4.3.1.5 In the event a Party's Board member or designated alternate fails to attend three (3) consecutive meetings or fails to attend more than one- half of the meetings of the Board within a Fiscal Year,notice of absence shall be sent to the offending Party which notice shall be withdrawn if the offending Parry's Board member appears at the next regularly scheduled meeting and shows good cause for the absences and presents a commitment to regular attendance in the future. In the event the offending Party does not appear and show good cause then the same shall constitute a material breach of the terms of this Agreement and the offending Party will be subject to termination provisions of Section 3.6 of this Agreement and the notice of absence shall stand as a notice of default. 4.3.2 The Board shall create a written annual report concerning the status of the System, at a date set in the procedures of the Board, but in no event not less than once per year. This report shall include all matters the Joint Powers Board determines to be relevant to the operation of the System, including the Budget (as described in 4.4), RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 9 Page 282 Item#17. and any matter that may be required by the State EMS Bureau or by state or federal law. 4.4 Finance s.On or before March 1 of eachyear,the Board shall propose an ACCESS Budget (the "Budget") for approval by the ACEMS District Board. 4.4.1 The Budget shall include all vehicle license registration fees designated for and remitted to the ACEMS District for that fiscal year. The Parties are committed to a joint responsibility for the Budget, recognizing that property tax funds contributed for that fiscal year by the ACEMS District Board, pursuant to Chapter 39, Title 31, Idaho Code, comprise a significant portion of the Budget. However, the Budget shall include contribution payments to the System by all Parties to this Agreement, with a goal of shared resources and efficiencies. 4.4.2 The Budget shall identify anticipated expenditures for the System up to the amount included in the Budget in Section 4.4.1. Budget expenditures shall be developed in accordance with the statutory purposes for the vehicle license registration fees, designated for the provision of EMS services within the ACEMS District, and the property tax funds contributed for that fiscal year by the ACEMS District Board, pursuant to Chapter 39, Title 31, Idaho Code, as well as direction from the Board 4.4.3 A division for the System shall be established within the ACEMS District Budget, which shall include income lime items and expenditure line items as allocated by the ACEMS District Board. The income line items shall include, if applicable: (1) vehicle license registration fees as described in Section 4.4.1 above; (2) contribution payments from the Parties; and(3)tax funds being contributed by the ACEMS District for System expenditures as described in Section 4.4.1 above. The expenditure line items shall include, if applicable: (1)personnel expenses; (2) capital expenses; and(3) operating expenses. 4.4.4 If the Budget includes contribution payments by Parties other than the ACEMS District, then on or before March 1, the Board shall submit the Budget to each Party's governing board for consideration of an appropriation of any contribution payment by that Party. 4.4.5 The Parties shall set their own budgets in a timely manner with consideration to the Budget as proposed by the Board. 4.4.6 If the Board fails to submit a Budget to the ACEMS District Board for approval, then the Parties shall set their own budgets. 4.4.7 Capital investments requiring additional expenditures will be funded through extra appropriations as proposed by the Board, subject to approval by each Party's governing board. 4.5 Joint Purchasing. Pursuant to Section 67-2807, Idaho Code,the Board,subject to approval RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 10 Page 283 Item#17. of the Parties' governing boards as required by other provisions of this Agreement, may authorize joint purchasing of any real or personal property consistent with the laws of the state of Idaho. Prior to the Board approving any joint purchase, the Board shall identify by resolution the plan for distnbution and/or ownership of property jointly owned by the Parties upon the withdrawal or termination of a Party. 4.6 Agreements with other Medical Service Providers. The Board may enter into agreements with medical service providers other than those that are Parties to this Agreement in order to provide for EMS services and/or to provide mutual aid to the System or any medical service provider. Such agreements may be with public or private agencies and may incorporate any of the terms and conditions contained herein and any other terms and conditions the Parties may deem appropriate. Such agreements shall not authorize a medical service provider to directly compete with any Party to this Agreement for the provision of EMS services, nor shall such agreement extend any voting rights to any Party to this Agreement for the provision of EMS service, nor shall such agreement extend any voting rights to the Party with whom the agreement is made. ARTICLE V LICENSURE 5.1 Licensure.The Parties,except Kuna, hereby agree to maintain a single combined state- issued EMS license, in accordance with 5.3 and 5.4 herein. Kuna agrees to maintain its state-issued license and operate in accordance with the laws of the state of Idaho and associated regulations of the Idaho Department of Health and Welfare. 5.2 Establishment of the Ada County-City EMS System. The Board shall,together with the Parties' governing boards, comply with Idaho Code §§ 53-501-510, "The Assumed Business Names Act of 1997" to conduct the business of the System under the name and style of Ada County-City EMS System. 5.3 Combined Licensure. Anyof the Parties to this Agreement may agree to combine their state-issued EMS licenses and to operate under one EMS license as provided by the laws of the state of Idaho and regulations of and as authorized by the state of Idaho Department of Health and Welfare Bureau of EMS. 5.4 Transition Process. Those Parties agreeing to combine their state-issued EMS licenses will do all things necessary to accomplish the transition of combining their EMS licenses and to begin and continue operating lawfully under the ACCESS license. ARTICLE VI ADMINISTRATIVE COMMITTEE 6.1 Establishment of the System Administrative Committee. There is hereby established an ACCESS Administrative Committee. The Administrative Committee shall serve to make recommendations to the Board. 6.1.1 Administrative Committee Membership.Voting members of the Administrative RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 11 Page 284 Item#17. Committee shall consist of a chief administrative official from each Party. In addition, non-voting members may be invited to participate including, but not limited to: a representative from the Ada. County Emergency Communications Center, representatives from hospitals located within the System, representatives from the Medical Directorate, and other EMS or health care agencies with a shared interest in emergency medical services. The attendance of three (3) voting Administrative Committee members shall constitute a quorum for conducting the business -of the Administrative Committee. All actions regarding a recommendation to the Board shall require a two-thirds (2/3) majority vote of all voting Administrative Committee members present. Each Party shall designate an alternate member who, in the absence of their Administrative Committee member, shall have the right to a proxy vote on all matters presented for a vote. 6.1.2 Administrative Committee Ex-officio Membership. Any legal entity or person who is providing EMS Services in the System Area under a current license issued by the EMS Bureau,either as air medical services, ambulance services,and/or non- transport services, may apply for membership on the Administrative Committee as an Ex-officio member with rights to participate in the meetings subject to the rule of the chairman, without the right to vote and without a right to participate in or attend any executive session matter or on any agenda item involving personnel or a claim of default of a Party. 6.13 Officers. Annually, during first meeting held in new Fiscal Year, the Administrative Committee shall appoint a chairman and a vice chairman whose primary responsibilities are as follows: 6.13.1 The Chairman shall be a member of the Administrative Committe e and shall conduct all meetings of the Administrative Committee, and shall act as the spokesperson for the Administrative Committee when presenting to the Board. 6.13.2 The Vice Chairman shall be a member of the Administrative Committee and shall carry out the functions of the Chairman in the absence of the Chairman and, through his/her delegate, as needed, be responsible for posting agenda notices and preparation of minutes of the Administrative Committee. The agenda for each meeting shall be sent to the members fourteen (14) days before the meeting date. The Vice Chairman shall also perform any other duties assigned by the Administrative Committee. 6.133 These officers shall have no powers or duties except as provided in this Agreement or conferred by the Board. 6.2. Purpose.The purpose of the Administrative Committee is to provide operational expertise RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 12 Page 285 Item#17. as outlined in the Administrative Committee procedures and to make recommendations to the Board. The Administrative Committee will meet at least bi-monthly, but may meet more often depending on need. 6.3. Responsibility.The Administrative Committee responsibilities shall include, but are not limited to, the following: 6.3.1 Development, maintenance, and annual review of the ACCESS Operation and Finance Plan to include, but not limited to: System deployment plan, System staffing levels and licensure levels, current and future funding needs, capital improvement plan, determination of System performance levels, assuring a quality management program, development of a System training and education plan, and other functions not specifically identified but intended to meet the requirements for the safe and efficient operation of the EMS System. 6.3.1.1 Review and update annually any change in System configuration. 6.3.1.2 Prepare, in accordance with the provisions of this subsection, any reports, Standard Operating Procedures, Quality Improvement Plan, Quality Assurance Plan or budget recommendation to submit to the Board for approval prior to publication and implementation. 6.3.1.3 Provide for the coordination, planning, and provision of transport and non-transport EMS services between the Parties,which may include air medical service within the System Area.Ensure that EMS services are rendered in a timely and cost effective manner, at an optimal level of care. The Administrative Committee shall consider the current EMS standards, existing EMS service capabilities, trends, desired goals, and future EMS service capabilities for each planning component with due consideration of the limited funds available to provide such services. 6.3.1.4 The Administrative Committee shall consider, along with its accompanying maps, charts and reports, the following components and criteria: 6.3.1.4.1 The current emergency medical services system structure and performance; 6.3.1.4.2 Emergency medical services resources and capability throughout the System, to include licensees, employees, contractors, volunteers, and any demonstrated need for change; 6.3.1.4.3 Population and other pertinent demographics within the EMS System, including analyses of hospital services and past, present, and future trends in population and characteristics such as age,mortality, insurance and revenue to support EMS within the System Area; RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 13 Page 286 Item#17. 6.3.1.4.4 Other EMS factors, including but not limited to response time standards, medical standards of care,required staffing, EMS equipment and facilities standards within the System Area, EMS System deployment plans, mutual aid agreements, competency management strategy, compensation/reimbursement plan, and data collection plan; 6.3.1.4.5 Recommended performance standards that are currently recognized under national, state and local standards and guidelines; and 6.3.1.4.6 Private EMS provider's services and capabilities within the Service Area. 6.3.2 Develop, maintain and monitor EMS performance criteria by the Parties and any Medical Service Providers under contract pursuant to Section 4.6 of this Agreement. 6.3.3 Receive communications, review and make recommendations to the Board regarding any ongoing operational and/or planning and/or funding issues in order to coordinate EMS service and resources, transport and non-transport and air medical service, within the System Area. 6.3.4 Conduct EMS services informational meetings and consult with public officials and agencies, the medical community, the public, and civic, educational, professional, or other organizations. 6.3.5 Other duties as may be assigned by the Board. ARTICLE VII SYSTEM MEDICAL DIRECTORATE 7.1 Establishment of the System Medical Directorate;Standards and Procedures.There is hereby established a System Medical Directorate. The Medical Directorate composition shall be two (2) qualified physicians as recommended by the Administrative Committee and appointed by the Board. The Medical Directorate members shall appoint a chairman, who shall set the agenda and preside over the meetings, serve as the spokesman for the System Medical Directorate, and serve as an ex-officio member of the Administrative Committee. The Board shall adopt administrative guidelines and procedures concerning the conduct and the responsibilities of the System Medical Directorate. 7.2 Purpose of the System Medical Directorate.The System Medical Directorate executes the duties and functions in accordance with the laws of the state of Idaho, the Rules and Regulations of the Idaho EMS Physicians' Commission, the state of Idaho EMS Bureau, and any other rules or regulations concerning emergency medical services. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 14 Page 287 Item#17. 7.3 Authority. Decisions pertaining to medical oversight rendered by the System Medical Directorate shall be binding upon the Parties, unless otherwise specifically noted within this Agreement. 7.4 Responsibility. The System Medical Directorate shall have and exercise the following duties: 7.4.1 Be responsible for the clinical management and medical oversight of the Parties' EMS services within the System Area and for compliance with the rules and regulations of the Idaho EMS Physicians' Commission, rules and regulations of the State of Idaho EMS Bureau and any associated rules and regulations concerning emergency medical services; 7.4.2 Determine the content of the System's Medical Supervision Plan; 7.4.3 Assess clinical ramifications of field operating procedures; 7.4.4 Evaluate the prospective clinical effects of administrative and operating proposals; 7.4.5 Establish the scope of practice of EMS personnel functioning within the System as required by the rules of the EMS Physician Commission and/or performance requirements as set forth by the System; and 7.4.6 Identify opportunities for improving the quality of medical care delivered to patients in the out of hospital setting within the System Area. 7.5 Meetings.The System Medical Directorate shall meet at least bi monthly and at the call of the chairman. All meetings shall be conducted and noticed in accordance with the Idaho Open Meeting Laws, Sections 67-2342 through 67-2345, Idaho Code and any meeting rules adopted by the Board. A majority of the System Medical Directorate shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power. Each member of the System Medical Directorate may cast one vote during decision-making. ARTICLE VIII OTHER OBLIGATIONS OF THE PARTIES 8.1 Compliance with EMS Standards. Each Party shall at all times comply with standards established by the laws of the state of Idaho and associated regulations, as well as any other applicable federal law and/or regulation. 8.2 Agreement, Standards, Resolutions and Procedures Binding. The Board has the authority to cooperatively exercise the powers of each Party in furtherance of the purposes of this Agreement and the operations of the System to the extent conferred by this Agreement, and to the extent allowed by governing law. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 15 Page 288 Item#17. 8.2.1 Each Party agrees to be bound by this Agreement, its amendments, and by the resolutions and procedures adopted by the Board within the powers granted to it by this Agreement. 8.2.2 Each Party further agrees to do all things necessary and lawful to accomplish the purpose of this Agreement, including adoption of any ordinance or resolution necessary to authorize the Party to perform under this Agreement. 8.3 Insurance. Each Party shall maintain a plan of insurance or self-insurance for comprehensive liability in compliance with the Idaho Tort Claims Act,Title 6, Chapter 9, Idaho Code. 8.4 Billing and Collection.Each Party is responsible for arranging the billing and collection of fees charged for the services it provides. 8.5 Individual Operation of the Parties;Allocation ofResources According to Standards Adopted by Board;Furnishing of Equipment. The Board will establish procedures and standards as well as specific direction for allocation of resources and personnel within the System as well as other subjects as provided herein. Except as provided by the System by action of the Board, eachParty will provide its own equipment and supplies on its vehicles, for its personnel, payroll, and its stations. All Parties will retain control over those matters not related to the System or this Agreement, which may include, but is not limited to: budgeting, personnel decisions, equipment, offices, payroll, day-to-day operations and other related matters not impairing the operation of the System or functioning of the Board. 8.5.1 Personnel.This Agreement does not create a separate legal entity and therefore the Board shall have no authority to employ personnel directly. Personnel additions and reductions are matters entirely under the authority of the Party employing the personnel. The Board shall not take any action which is intended to terminate the employment of any employee, who is employed by a Party on the effective date of this Agreement. 8.5.2 Party Compliance with laws governing Personnel.Each Party is responsible for their compliance, in the performance of any services under this Agreement, with Idaho Code Section 67-5901 et seq.,Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000, et seq., as amended by the Civil Rights Act of 1991, the American with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq. as amended by the American with Disabilities Act Amendments of 2008, the Rehabilitation Act of 1973, 29 U.S.C. Section 701, etseq. the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, et seq. -8.5.3 Party to Investigate Complaints. Each Party is responsible to investigate complaints referred from the Board, the Administrative Committee, or the Medical Directorate made by or against the Party's employees concerning matters related to their performance of services governed under this Agreement. This does not RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 16 Page 289 Item#17. require a Party to report the results of any investigation. Each Party retains control of its personal property, personnel records, reports, and other documents for purposes of resolution or remediation of complaints. 8.6 Medical Supplies. ACEMS District shall purchase all necessary disposable medical supplies for agencies operating under the ACCESS license. Upon direction from the Board, the Parties shall endeavor to engage in joint purchasing of medical supplies in order to realize cost savings. 8.7 Indemnification. Each Party covenants and agrees with the other Parties to indemnify, defend, and hold harmless each other Party, their officers, agents, and employees, from and against all claims, losses, actions, or judgments for damages or injury to persons or property arising from or connected to the acts and/or activities of it and/or its agents, employees, or representatives pursuant to and under the terms of this Agreement to the extent allowed by law. 8.8 Shared Use of ESO Reporting Software. The Parties, with the exception of Kuna, hereby adopt Appendix A to this Agreement, for the purpose of establishing terms and conditions of the shared use of ESO Reporting Software for report writing and records storage and management. ARTICLE IX ADMINISTRATIVE SERVICES PROVIDED BY ADA COUNTY 9.1 Management of Funds and Administrative Support. The ACEMS District shall provide for the day-to-day management of the System funds as proposed by the Board through the policies and procedures established by the ACEMS District. The ACEMS District shall also provide administrative support for the Board. 9.2 Financial Advice. Ada County may make available a financial manager to the System from time to time in order to monitor the System's financial situation and to consult with the Board concerning the same. The Board may seek their own financial manager as needed. 9.3 Legal Counsel.The Parties agree to make their respective legal counsel available for use by the Board, subject to a mutual agreement between the Party and the Board regarding the legal services to be provided and payment for those services. 9.4 Ambulance Service.The ACEMS District shall continue to provide ambulance service through its ambulance taxing district within the boundaries of the District. 9.5 Medical Supervision.The System Medical Directorate shall consist of a minimum of two Medical Directors, and shall be provided through Party contributions made part of the ACCESS Budget process,as provided in section 4.4 herein. ARTICLE X RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 17 Page 290 Item#17. NOTICE 10.1 All notices provided for in this Agreement are to be sent to the Vice Chairman, who shall provide said notice to each Party. 10.2 Each Party shall designate in writing to the Vice Chairman their address for the receipt of official notices. 10.3 The effective date of notice given pursuant to this Agreement shall be three (3) days after the date of posting with the U.S.Postal Service of notice sent to the Vice Chairman or upon the day of notice sent by facsimile or e-mail to the Vice Chairman. 10.4 Vice Chairman Notice Duties.The Vice Chairman, or his/her delegate, shall:- 10.4.1 Receive from the Party(s)and distribute to all Parties the following;. 10.4.1.2 Notices provided for in this Agreement; and 10.4.1.3 The minutes and all official actions of the Joint Powers Board. 10.4.2 Keep a current registry of the correct legal name and address of all Parties to this Agreement, each Board member, and each alternate. 10.4.3 Process notices of withdrawal and termination as provided in Article III, Sections 3.4 and 3.6 herein and proposals for amendment of this Agreement as provided in Article III, Section 3.3 and Article XI herein. ARTICLE XI AMENDMENT PROVISIONS This Agreement may only be amended in accordance with the following process: 11.1 An amendment may be proposed by a Party and/or by the Board. 11.2 The Vice Chairman, or his/her delegate, is authorized to take all actions required under this Article M. 11.3 A proposed amendment must be in writing and must include strikethrough of any language to be deleted and underline of any new language of the proposed amendment. Any proposed amendment will be considered an amendment to the entire Agreement and must be submitted in that fashion. 11.4 A proposed amendment shall contain a Statement of Purpose, which shall include a statement of how the Parties will be affected by the amendment; the Party to contact for information; and the amended Agreement text. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 18 Page 291 Item#17. 11.5 The proposing Party shall also prepare and submit to the Vice Chairman a Restated and Amended Agreement form for service by the Vice Chairman in the event the proposed amendment is approved. 11.6 The proposed amendment text, Statement of Purpose and a Restated and Amended Agreement form shall be served upon the Vice Chairman by the proponent Party or Board, as the case may be. 11.7 The Vice Chairman shall determine if the Proposed Amendment is in compliance with this Article and shall advise the proponent Party in the event it is not. 11.8 If the amendment proposal is in compliance with this Article, the proposed amendment shall be served and submitted to the Parties to this Agreement by the Vice Chairman. 11.9 All Parties' approval is required for the approval of an amendment to this Agreement. 11.10 Parties must submit their approval, or their disapproval with reasoning, in accordance with service of notice as provided in this Agreement and within sixty (60) days of the date of the cover notice from the Vice Chairman. 11.11 The Vice Chairman shall tally the approvals and or disapprovals within a reasonable time, or in the case of no response, then soon after the sixty (60) day period for response. The amended Agreement shall be effective after all Parties have duly signed. 11.12 The Vice Chairman shall then give notice to the Parties of the results, and in the event the amendment passes, the Vice Chairman shall also include with notice to the Parties the Restated and Amended Agreement. ARTICLE XII MISCELLANEOUS PROVISIONS 12.1 This Agreement shall not relieve any Party of any obligation or responsibility imposed upon it by law. 12.2 Se ve rability in Case of Partial Invalidity. If any portion of this Agreement is determined to be invalid or unenforceable as a matter of law, such invalidity or lack of enforcement shall be limited to such portion, and shall not affect any other portions or provisions, which shall be given the fullest effect permitted by law. In the event that it should ever be determined by a tribunal having appropriate jurisdiction that this Agreement is illegal or unenforceable as a matter of law, this Agreement shall be deemed to be null and void, from its inception, and the Parties hereto shall be relieved of any further performance under the terms of this Agreement. 123 Governing Law. This Agreement shall be governed by the laws of the State of Idaho. 12.4 No Third Party Beneficiaries.Each Party to this Agreement intends that this Agreement RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 19 Page 292 Item#17. shall not benefit or create any right or cause of action in or on behalf of any person or legal entity other than the Parties hereto. 12.5 Counterparts and Process to Become a Party. This Agreement will be executed and delivered in counterparts, one for each Party,and at such time as the governing board of an agency intent upon joining adopts the necessary resolution authorizing the execution of the counterpart and a written notice thereof, including a copy of the resolution or other authorizing act of its governing board is provided to the Secretary, this Agreement shall then be in full force and effect to such Parties and shall have the force and effect of an original, and copies of the signature pages of all counterparts shall be provided to all Parties to this Agreement by the Secretary. 12.6 Captions. The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 12.7 Attorney Fees.If in the event judicial action of any kind is necessary to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules of Civil Procedure. 12.8 Entire Agreement. This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF A COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: By: '-Zz� Beck sion By: Ryan!a ' , Commissioner By. endra Kenyon, Commissioner Attest: Phil McGrane, Ada County Clerk by Katie Reed,Assistant Deputy Clerk CITY OF BOISE: Attest: Lauren McLean, Mayor Lynda Lowry, City Clerk CITY OF MERIDIAN: RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 20 Page 293 Item#17. shall not benefit or create any right or cause of action in or on behalf of any person or legal entity other than the Parties hereto. 12.5 Counterparts and Process to Become a Party. This Agreement will be executed and delivered in counterparts, one for each Party,and at such time as the governing board of an agency intent upon joining adopts the necessary resolution authorizing the execution of the counterpart and a written notice thereof, including a copy of the resolution or other authorizing act of its governing board is provided to the Secretary, this Agreement shall then be in full force and effect to such Parties and shall have the force and effect of an original, and copies of the signature pages of all counterparts shall be provided to all Parties to this Agreement by the Secretary. 12.6 Captions. The subject headings of the paragraphs and subparagraphs of this Agreement are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. 12.7 Attorney Fees.If in the event judicial action of any kind is necessary to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover from the non-prevailing Party its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules of Civil Procedure. 12.8 Entire Agreement. This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: By: Rod Beck,Commissioner By: Ryan Davidson, Commissioner By: Kendra Kenyon, Commissioner Attest: Phil McGrane, Ada County Clerk TY OF BOISE: 2/23/21 �. Attest: ��c. 2/23/21 Lauren McLean, Mayor h y Lowry, City Clerk CITY OF MERIDIAN: N. RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 20 Page 294 Item#17. Item#13. I L{M C, E DIAN Attest: KAI Robert E.Simison, Mayor 2-9-2021 Chris Johnson, C' Clerk STAR FIRE PROTECTION DISTRICT: Attest: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: Josh Tanner, Board Chairman KUNA RURAL FIRE PROTECTION Attest: _ DISTRICT M.G. Bud Beatty, Jr.,Board Chairman RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA[� COUNTY—PAGE 21 Page 295 Item#17. Attest: Robert E.Simison, Mayor Chris Johnson, City Clerk STAR FIR PROTECTION DISTRICT: Attest: 4 Jared Moyle, Boa i airman EAGLE FIRE PROTECTION DISTRICT: Attest: Josh Tanner, Board Chairman KUNA RURAL FIRE PROTECTION Attest: DISTRICT MG. Bud Beatty, Jr.,Board Chairman RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 21 Page 296 Item#17. Attest: Robert E.Sh nison, Mayor Chris Johnson, City Clerk STAR FIRE PROTECTION DISTRICT: Attest: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: n Jo+Tnner,Board ChairmanC�- KUNA RURAL FIRE PROTECTION Attest: J DISTRICT M.G. Bud Beatty, Jr.,Board Chairman RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 21 Page 297 Item#17. Attest: Robert E.Shnison, Mayor Chris Johnson, City Clerk STAR FIRE PROTECTION DISTRICT: Attest: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: Josh Tanner,Board Chairman KUNA RURAL FIRE PROTECTION Attest: iz-'1�11—kJ4 DISTRICT ,�;� %10 1*�.J) &8&L — I - - .G. Bud 14eitty, Jr.,Board onan RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY—PAGE 21 Page 298 Item#17. APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE This APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE ("Appendix A"),is made pursuant to Article VIII, § 8.8 of the Agreement, by and between the parties to the Agreement, with the exception of Kuna Rural Fire District. The parties to this Appendix A may each be referenced separately in this Appendix as "Party"or collectively as "Parties." WHEREAS, the Kuna Rural Fire District shall remain a party to the Agreement as if it had not been amended by the addition of this Appendix A;the Kuna Rural Fire District is not, however, a party to this Appendix A,and it is the intention and agreement of each Party hereto that the Kuna Rural Fire District shall be exempt from all provisions of this Appendix A; WHEREAS, the Parties have determined that it is in the best interest of their respective jurisdictions to use ESO Reporting Software ("ESO") for report writing and records storage and management; WHEREAS, it is the Parties' desire to provide to each other mutual access to ESO's functions and information stored therein in order to achieve economy of public resources,better coordinate public safety and emergency responses, undertake local and regional analyses and planning efforts, and work cooperatively to fulfill public service and governmental functions; WHEREAS, the records created and stored in ESO are public records,as that term is defined in Idaho Code section 74-101(13), and are therefore subject to the Idaho Public Records Act,including the requirements of and exemptions from disclosure enumerated therein; WHEREAS, to the extent that the information contained in ESO is Protected Health Information ("PHI") as that term is defined in the Health Insurance Portability and Accountability Act("HIPAA"),42 U.S.C. §§201 et seq.,such information is exempt from public disclosure under the HIPAA Privacy Rule promulgated by the U.S. Department of Health and Human Services, 45 C.F.R. §§ 164.508(a)(1) and (c),and Idaho Code § 74-104(1); and WHEREAS, under Idaho Conservation League,Inc. v. Idaho State Department of Agriculture, 143 Idaho 366 (2006) and Idaho Code section 74-102(13), a record prepared, owned, used or retained by a governmental entity remains the record of that entity, notwithstanding delegation of that agency's custodial duties as to such record,nor the location or format in which the record is stored; WHEREAS, where two or more Parties respond to an incident, each responding fire department or district may prepare an Electronic Health Report ("EHR") specific to each patient, Ada County Paramedics may prepare an EHR specific to each patient, and ESO will merge both EHRs into one consolidated EHR; further, each responding fire department or district may prepare a National Fire Incident Report System Report("NFIRS Report") specific to that incident, and ESO will merge both NFIRS into one record; APPENDIx A:ESO REPORTING SOFTWARE PAGE 1 Page 299 Item#17. NOW, THEREFORE,subject to the limitations of the Agreement and this Appendix A and in order to meet the objectives described above, the Parties hereby agree as follows: I. STATEMENT OF PURPOSE(AGREEIIIEh`T, ARTICLE M). This Appendix A is proposed by the Board as an addendum to the Agreement. The purpose of this Appendix A is to establish the terms and conditions of the Parties' use of ESO for creating and storing records of individual and joint responses to medical and fire emergencies; to coordinate a uniform approach and response to requests for records stored in ESO; to delegate to Ada County Paramedics ("ACP")custodial responsibility for EHRs stored in ESO, which responsibility shall include, without limitation, responding to requests for such records in accordance with the Idaho Public Records Act,and records retention and destruction in accordance with the Parties' respective retention schedules. II. PUBLIC RECORDS REQUESTS A. Requests forEHRs. The following provisions shall apply to requests and/or subpoenas daces tecum for EHRs stored in ESO. 1. Delegation of Custodial Duties.As to EHRs stored in ESO, the Parties hereby delegate to ACP their respective custodial duties, including, without limitation, the duty to timely respond to a request for such records pursuant to subpoena or Idaho Code section 74-102; to manage such records; and to protect PHI from improper disclosure pursuant to HIPAA. 2. Designation of Records Custodians. Each Party shall designate a Records Custodian, and shall notify the Vice Chairman of same. The Vice Chairman shall keep a current registry of the Parties' respective Records Custodians, to include their names, addresses,e-mail addresses,and phone numbers. 3. Process. Whenever any Party receives a request for an EHR, the Party receiving such request shall, by 5:00 p.m. of the first business day on which the request is received, forward such request to ACP Records Custodian, and shall notify the requestor that the second Party is the custodian of the record requested, and that the request has been referred to the second Party for response. ACP shall process and respond to all requests for EHRs on behalf of the agency forwarding such request. In so doing, ACP shall observe all requirements of the Idaho Public Records Act, HIPAA,and ACP's Records Release Policy, Designated Records Set Policy, and HIPAA Policy, copies of which are attached to this Appendix A as ExhibitA. 4. Fees.Pursuant to Idaho Code section 74-102(10), the Board of Ada County Commissioners may adopt, and ACP may assess,fees for labor, materials, and legal review related to the preparation of responses to requests for EHR.Each Party to this Appendix A shall adopt by reference the most current fee schedule established by the Board of Ada.County Commissioners as it relates to EHRs stored in ESO. ACP shall notify the parties of any and all proposed and final changes to such fees. APPENDIX A:ESO REPORTING SOFTWARE PAGE 2 Page 300 Item#17. 5. Pe tition. In the event that a requestor flies a petition pursuant to Idaho Code section 74-115 contesting ACP's decision to release or deny a record stored in ESO pursuant to the delegation of authority to ACP provided herein, the following provisions shall apply. a. Record of incident that included ACP. Where the responsive records at issue are related to an incident to which ACP responded, in whole or in part, Ada County shall defend such decision in district court and in any and all subsequent appeals. Ada County shall be responsible for all expenses related to such petition or any ruling or order related thereto, including attorney fees,costs, penalties, or sanctions. Where a petitioner joins a party other than ACP,the joined party shall be responsible for its own appearance and all expenses related thereto. b. Record of incident that did not include ACP. Where the responsive records at issue are related to an incident to which ACP did not respond at all, ACP shall, by 5:00 p.m. of the first business day on which the petition is served,forward such petition to the agency or agencies that did respond to the incident. The agencies that did respond to the incident shall move to join the petition and shall stipulate to dismissal of the petition as to ACP. B. Requests for NFIRS Reports.The following provisions shall apply to public records requests and/or subpoenas duces tecum for NFIRS reports stored in ESO. 1. Custodial duties;delegation to co-responders. Pursuant to Idaho Code sections 74- 101(3) and(13), each Party is the sole custodian of all NFIRS Reports that it prepares and/or stores in ESO. Where two or more parties respond to one incident and the NFIRS Reports they separately prepare and/or store in ESO are merged into one record, both parties are co-custodians of the merged record. To the extent that such merged records contain information prepared by multiple Parties, as to such merged records, the Parties hereby delegate to each other their respective custodial duties. 2.Response to request for agency's own NFIRS Report. Where a Party receives a request for a NFIRS report prepared by that Party,and that Party is the only Party that prepared the requested NFIRS Report, that Party shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. 3. Response to request for another agency's NFIRS Report. When a Party receives a request for a NFIRS Report prepared by a second Party,and the second Party is the only Party that prepared the requested NFIRS Report, the Party receiving such request shall, by 5:00 p.m. of the first business day on which the request is received, forward the request to the second Party's Records Custodian. The Party that originally received such request shall notify the requestor that the second Party is the custodian of the record requested, and that the request has been referred to the second Party for response. The second Party shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. APPENDIX A:ESO REPORTING SOFTWARE PAGE 3 Page 301 Item#17. 4. Response to request for merged NFIRS Report.When a Parry receives a request for a NFIRS Report that contains information prepared both by that Party and by a second or additional Party or Parties,and such information is merged into one record by ESO, the Party receiving such request shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation. The Party receiving such request need not notify the additional Party or Parties that such request was received, except that the Party receiving the request for such NFIRS Report shall, by 5:00 p.m. of the first business day on which the request is received, notify the Records Custodian of all Parties whose information is contained in the NFIRS Report where such NFIRS Report refers to or contains information related to the following circumstances: a. One or more casualties; b. A fire investigation; c.An intentional fire; d. Hazardous materials; e.Property loss or costs estimated at$10,000 or more; and/or £ Other circumstances under which, in the discretion of the Party receiving the request, consultation between the Parties would promote the safety, welfare,or best interest of either Party,citizens involved in the incident described in the NFIRS report, or the public. ("Extraordinary Circumstances.") In the event that a requested NFIRS Report describes Extraordinary Circumstances, the Parties shall work together to prepare a response that is acceptable to both Parties. In the event that the Parties cannot come to consensus prior to the deadline for release of a NFIRS Report describing Extraordinary Circumstances, the Party that originally received the request shall consider the input of all other Parties, and shall provide a response to the requestor that accommodates such input as the Party that originally received the request deems practicable. In any event,as to NFIRS Reports that do and do not pertain to Extraordinary Circumstances, the Partythat originally received the request shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. 5. Principles of response. In order to provide uniform responses to public records requests, the Parties to this First Addendum hereby agree that: a. Absent statutory exemption, NFIRS Reports stored in ESO shall be presumed to be subject to disclosure upon request, including, without limitation: incident reports; investigative reports and photographs; addresses and phone numbers, including location and involved persons; and responding crew member names and positions. b. Prior to disclosing a record which contains both PHI and information subject to APPENDIX A:ESO REPORTING SOFrWARE PAGE 4 Page 302 Item#17. disclosure, the responding agency shall redact all PHI pursuant to Idaho Code section 74- 104(1), which provides that PHI is exempt from disclosure pursuant to 45 C.F.R. §§ 164.502(a) and 164.512(a)(1), promulgated by the United States Department of Health and Human Services, pursuant to 42 U.S.C. § 264(b), unless disclosure is appropriate pursuant to ACP's HIPAA Policy, a copy of which is attachedhereto as ExhibitA. c. It is acknowledged and agreed that information related to`Extraordinary Circumstances," as enumerated above, may be subject to particular statutory standards of review and/or redaction. d. The exemption for law enforcement records set forth in Idaho Code section 74-124(1) shall not be presumed to apply to NFIRS Reports, unless the report pertains to a suspected commission of a fire-related crime (arson, false alarm, fireworks, explosives, malicious injury to property, concealment, etc.)in which case the responding Party may be acting as a law enforcement officer for purposes of this exemption. e.Pursuant to Idaho Code section 74-103(4), any denial of a request for NFIRS Report information requires consultation with legal counsel of the Party responding to the request. f.Requested records may contain information that is both exempt and nonexempt from disclosure. Pursuant to Idaho Code section 74-112, such information must be separated and disclosed accordingly. III. RETENTION OF RECORDS IN ESO. A.Retention of Records.A record stored in ESO shall be retained not less than nineteen (19) years from the date of its creation. Pursuant to Idaho Code §§ 31-871(1)(b) and (2)(d) and 50-907(2)(e), such records shall be classified as"semipermanent" records and destroyed pursuant to resolution by the Ada County Board of Commissioners, and the corresponding city council(s) or fire district board of commissioners. C. Records retention schedule. EachParty shall incorporate into its records retention schedule a listing of records stored in ESO, with the following classifications and retention periods: Record Classification Retention period Records containin PHI Semipermanent Nineteen (19) years NFIRS incident and Semipermanent Nineteen I19) years casua reports Investigative reports Semipermanent Nineteen 19 ears Photographs Semipermanent Nineteen 19 Public records requests Selili permanent Six 6 ears APPENDIX A:ESO REPORTING SOFrwARE PAGE 5 Page 303 Item#17. EXHIBIT A Ada County Paramedics' Records Release Policy, Designated Records Set Policy, and HIPAA Policy APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A Page 304 Item#17. Ada County Paramedics Po licy o n Patient Requests for Access to PHI Approved by Darby Weston(Director) Approval Date: 1/24/2017 Version: 1 Purpose The Health Insurance Portability and Accountability Act of 1996 ("HIPAA") grants individuals the right to access their protected health information ("PHI")contained in a designated records set ("DRS"). Ada County Paramedics must afford individuals this right of access in accordance with federal and state law. To ensure that Ada County Paramedics complies with its obligations, this policy outlines our procedures for handing requests for patient access and establishes the procedures by which patients or authorized representatives may request access to PHI. Departments Affe cte d 103.01.01 Policies &Procedures, Administration, Billing, Compliance Policy All access requests will be directed to the HIPAA Compliance Officer, or their designee, and it shall be the responsibility of the HIPAA Compliance Officer to handle all access requests. Procedures 1. Requests for Access from the Patient or the Patient's Personal Representative 1.1. Patients and their authorized representatives shall be granted a right of access to obtain a copy of their PHI contained in a DRS maintained by Ada County Paramedics. 1.2. If a patient or their authorized representative requests a copy of a patient's PHI, the requestor shall be referred to the HIPAA Compliance Officer or their designee. The HIPAA Compliance Officer, or designee, shall request that the patient or authorized representative complete Ada.County Paramedics' "Request for Access to Protected Health Information" Form. 1.3. The HIPAA Compliance Office, or designee, must verify the patient's identity, or, if the requestor is not the patient, the name and identity of the representative and whether the representative has the authority to act on the patient's behalf. The use of a driver's license, social security card, or other form of government-issued identification is acceptable for this purpose. If it is impossible for the requestor to physically come in to make the request and verify this information, the HIPAA Compliance Officer shall ask the requestor to verify the patient's name, date of birth, APPENDIX A:ESO REPORTING SOFrWARE EXHIBIT A Page 305 Item#17. SSN, address, and telephone number over the phone and ask the requestor to submit the "Request for Access to Protected Health Information Form" via email, mail or fax. 1.4. Upon receipt of the completed "Request for Access to Protected Health Information Form" and verification of the requestor's identity, the HIPAA Compliance Officer will act upon the request within 30 days, preferably sooner. Generally, Ada County Paramedics must respond to requests for access to PHI within 30 days of receipt of the access request. 1.5. If Ada County Paramedics is unable to respond to the request within these time frames,the requestor must be given a written notice no later than the initial due date for a response, explaining why Ada County Paramedics could not respond within the time frame,and in that case Ada County Paramedics may extend the response time by an additional 30 days. 2. Requests for Access from the Patient's Attorney 2.1. If Ada County Paramedics receives a request for a patient's PHI from the patient's attorney, the HIPAA Compliance Officer, or their designee, shall verify that the patient has authorized the release of PHI. Generally, the request should be accompanied by a form or letter, signed by the patient, stating that the patient authorizes the release of the requested PHI to the attorney. If there is a signed form or letter from the patient authorizing the release of the PHI requested (or some other valid authorization from the patient), then the HIPAA Compliance Officer may release the PHI to the attorney in accordance with what the authorization states. 2.2. If the request from the patient's attorney is not accompanied by a signed request form or letter from the patient (or some other valid patient authorization), the HIPAA Compliance Officer shall contact the attorney and inform the attorney that Ada County Paramedics will not release the information without valid authorization from the patient. Ada County Paramedics shall not release any PHI to the attorney until the patient authorizes the release. 3. Approval of a Request for Access 3.1. Upon approval of access, the patient or authorized representative should generally be provided a copy of the record in the manner requested on the Form. Ada County Paramedics will either provide a copy of the PHI to the requestor in the format requested or arrange for a convenient time for the patient to come into Ada County Paramedics to receive a copy their PHI.Ada County Paramedics will also transmit a copy of the PHI directly to an entity or person designated by the patient or authorized representative, provided that the written direction is signed and clearly identifies the designated party. 3.2. The requestor will not be given access to the actual systems that contain the DRS. Rather, copies of the records shall be provided for the patient or requestor. 3.3. Whenever a patient or requestor accesses a DRS, a note will be entered into patient's account in the Sweet billing software,in the HIPAA-AAR tab. This note indicates the date of the request, the date access was provided, what specific records were provided. APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A Page 306 Item#17. 4. Denial of a Request for Access 4.1. If the request for access is denied, the HIPAA Compliance Officer shall send the requestor a "Denial of Request for Access to Protected Health Information Form," outlining the reason for the denial and explaining the individual's rights regarding the denial. Patient access may be denied for the reasons listed below: 4.1.1. If the information the patient requested was compiled in reasonable anticipation of, or use in, a civil, criminal or administrative action or proceeding; 4.1.2. If the information the patient requested was obtained from someone other than a healthcare provider under a promise of confidentiality and the access requested would be reasonably Nicely to reveal the source of the information; 4.1.3. If a licensed healthcare professional has determined, in the exercise of professional judgment, that the access requested is reasonably Nicely to endanger the life or physical safety of the individual or another person; 4.1.4. If the PHI makes reference to another person (other than a healthcare provider) and a licensed health professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to cause substantial harm to that person; or 4.1.5. If the request for access is made by a requestor as a personal representative of the individual and a licensed health professional has determined, in the exercise of professional judgment, that access is reasonably likely to cause harm to the individual or another person. 4.2. If the denial of the request for access to PHI is for reasons 4.1.3., 4.1.4., or 4.1.5. above, then the patient may request a review of the denial of access by sending a written request to the HIPAA Compliance Officer. 4.2.1. Ada County Paramedics will designate a licensed health professional, who was not directly involved in the denial, to review the decision to deny the patient access.Ada County Paramedics will promptly refer the request to this designated review official. The review official will determine within a reasonable period of time whether the denial is appropriate. Ada County Paramedics will provide the patient with written notice of the determination of the designated reviewing official. 4.2.2. The patient may also file a complaint in accordance with Ada County Paramedics' "Procedure for Filing Complaints About Privacy Practices"if the patient is not satisfied with Ada County Paramedics' determination. APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A Page 307 Item#17. Ada County Paramedics Policy on Designated Record Sets Purpose To ensure that Ada. County Paramedics patients and their authorized representatives are granted rights regarding Protected Health Information ("PHI") in accordance with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), this policy establishes what PHI at Ada County Paramedics should be accessible to patients as a part of a Designated Record Set ("DRS"). Under HIPAA,a DRS includes medical records that are createdor used by Ada County Paramedics to make decisions about the patient. De partme nts Affe cte d 201.03.01 Patient Care Records, Administration, Billing Policy The HIPAA Compliance Officer, or their designee, will be responsible for fulfilling patient requests related to PHI and for ensuring that the correct information is made part of the Designated Record Set. Procedures 1. The DRS should only include PHI as defined under HIPAA, and should be comprised of individually identifiable healthcare and billing information created, received, maintained, or transmitted by or on behalf of ACP that is used, in whole or in part, by ACP to make decisions about individuals. 2. The HIPAA Compliance Officer shall be the party in charge of designating what information is part of a DRS at ACP and for ensuring that appropriate information is being maintained by ACP in its designated record sets. 3. The Designated Record Set at Ada County Paramedics for any requests regarding PHI includes the following records (claim and insurance information is included only if specifically requested): 3.1. Electronic health reports ("EHR") created or received by Ada County Paramedics and ACCESS agencies and supplementary information regarding the patient's condition. This includes any photos, videos, monitor strips, Refusal of care forms, or information from other sources used by ACP or ACCESS agencies to treat patients. 3.2. The electronic claims records or other paper records of submission of actual claims to Medicare or other insurance companies. 3.3. Any patient-specific claim and billing information, including responses from insurance payers, such as remittance advice statements, Explanation of Medicare Benefits, charge screens, patient account statements, and signature authorization and agreement to pay documents. 3.4. Notices from insurance companies indicating coverage determinations, documentation submitted by the patient, and copies of the patient's insurance card or policy coverage summary, that relate directly to the care of the patient or payment for that care. 3.5. Amendments to PHI, or statements of disagreement by the patient requesting the amendment when PHI is not amended upon request, or an accurate summary of the statement of disagreement. 3.6. Any treatment related records created by other parties such as first responder units, assisting ambulance or fire services, air medical services, nursing homes, hospitals, doctor's APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A Page 308 Item#17. offices, police departments, coroner's offices, etc., that are used by Ada County Paramedics or ACCESS agencies for treatment and payment related purposes. 4. A designated record set should not include: 4.1. Quality assurance data collected and maintained for peer review purposes 4.2. Accident Reports 4.3. Incident Reports 4.4. Data collected and maintained for research 4.5. Information compiled in reasonable anticipation of litigation or administrative action APPENDIX A:ESO REPORTING SOFTWARE FXHMTT A Page 309 Item#17. Ada County Paramedics Policy on HIPAA Purpose The following Policy has been developed by Ada County/City Emergency Medical Services System (ACCESS) to comply with requirements imposed by Health Insurance Portability and Accountability Act of 1996 (HIPAA)and Idaho Code. Departments Affected 201.03.02 Distributing Medical Records, Administration, Billing, Compliance, Field Operations, Logistics, Training Policy All employees of the ACCESS System participating agencies shall comply with the privacy practice s of the Sys to m as s e t forth in the proce dure s be low. Proce dure s 1. BACKGROUND 1.1. In 1996, Congress passed HIPAA to address multiple health care issues including administrative simplification. The administrative simplification provisions of HIPAA mandate compliance in three key areas: (1) privacy; (2) security; and (3) electronic transactions. Compliance with the Privacy Rule has been mandatory for all health care providers since April 14, 2003. The law severely restricts the disclosure of patient health information (PHI)and establishes civil and criminal penalties for violation. The goal of the HIPAA privacy rule is to protect patient's right to confidentiality in matters involving their healthcare. 1.2. PHI refers to individually identifiable health information, as defined by HIPAA, that is created or received by EMS and relates to the past, present,or future physical or mental condition of an individual; the provision of health care to an individual; or the payment for the provision of health care to an individual at any time; and that identifies the individual or for which there is a reasonable basis to believe the information can be used to identify the individual. An"individual" includes all persons, whether living or deceased. 2. CUSTODIAN OF RECORD 2.1. Pursuant to HIPAA, a Custodian of Records shall be appointed. John Blake, Deputy Director of Ada County Paramedics, is the designated Custodian of Records for HIPAA coordination, recordation, and compliance purposes. In John Blake's absence, the Custodian of Records will be his named designee. 2.2. Deputy Director John Blake has been appointed the HIPAA Compliance Officer and is the primary contact for all HIPAA compliance issues and concerns. 3. ENFORCEMENT 3.1. Effective February 17, 2010, the Department of Health and Human Services (HHS)will be APPENDIX A:ESO REPORTING SOFTWARE UX IT A Page 310 Item#17. required to conduct periodic audits to ensure that covered entities and their business associate are complying with their obligations under HIPAA. 4. PENALTIES FOR NON-COMPLIANCE 4.1. Federal Code specifies that violations of the Privacy Rule can result in both civil monetary penalties and criminal sanctions. This may include criminal sanctions against any person who obtains or discloses individually identifiable health information which that person obtained or disclosed without authorization from the covered entity. 5. PROCEDURE FOR NOTIFICATION: 5.1. All patients shall be provided a copy of the "Notice of Privacy Practices"document. This notice tells patients about their rights under HIPAA and contains information about ACCESS's privacy policies and procedures. This is also provided on ACP's website (www.adacountyparamedics.org) and can be obtained at the front counter of the ACP Business Office. 5.2. EMS field staff is required to obtain a fully completed and signed "Assignment of Benefits & Privacy Acknowledgment Form" from the patient for each call. This form serves as acknowledgment that the patient has received the Notice of Privacy information. If a personal representative signs this document, the representative's relationship to the patient must be checked. 5.3. This form must be kept digitally with the electronic medical record, and any hard-copy originals returned to the ACP Administrative Office per record keeping requirements. 6. HIPAA TRAINING 6.1. All new hires, including temporary help, will receive HIPAA training and complete a short test within a reasonable time period. Members of the workforce will read, agree, and sign the HIPAA Security and Confidentiality Agreement concerning information learned during the course of employment along with the Documentation of Employee Training (see HIPAA Security and Confidentiality Agreement and Employee HIPAA Training). Annually thereafter,each employee will review HIPAA training as necessary and appropriate for the staff to conduct their job. 7. PROTECTED HEALTH INFORMATION(PHI) 7.1. HIPAA defines PHI broadly as any health information, including patient demographics, that is created or received by a provider and: 7.1.1. Relates to the past, present or future physical or mental health condition of a patient. 7.1.2. That identifies or can be reasonably used to identify a patient. 7.2. PHI can be in any format including oral, written or electronic. The following are some examples of PHI: APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A Page 311 Item#17. 7.2.1. Patient Care Reports 7.2.2. Medical necessity forms 7.2.3. Patient bills 7.2.4. Claim forms 7.2.5. Records from other facilities 7.2.6. Photos &Video 7.3. You cannot use or disclose PHI for any purpose unless permitted under HIPAA. This applies to patients that are alive and deceased.PHI is completely confidential and is the property of the organization. 8. REQUIRED DISCLOSURES 8.1. Patient's Rights of Access and Accounting: You must disclose PHI to a patient or their authorized representative upon their request for access to their PHI. You must also render an accounting of all disclosures of a patient's PHI upon request. 8.2. Disclosures to HHS: You must disclose PHI to HHS in connection with its investigation of complaints, its performance of compliance reviews, or other enforcement activities. 9. PERMITTED USES OR DISCLOSURES 9.1. Treatment: PHI may be used to provide, coordinate, or manage a patient's health care and any related services. This includes the coordination or management of health care with a third party for treatment purposes. 9.2. Payment: Includes activities related to your efforts to obtain payment or to be reimbursed for services provided, and includes insurance eligibility determinations, the filing and pursuing of insurance claims, your collection activities, etc. 9.3. Operations: Includes quality assessment and improvement activities, licensing and other credentialing activities, conducting internal medical reviews, business planning and development, and other similar activities. 9.4. Most uses or disclosures of PHI by ACCESS will be for treatment,payment, or health care operations purposes, and would not require the patient's authorization or consent. 10. Uses or Disclosures in the Public Interest 10.1. The Privacy Rule permits you to use or disclose a patient's PHI in certain situations where APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A Page 312 Item#17. the public interest is being served. These permitted uses and disclosures are set out in the regulations at 45 C.F.R. 164.512. You may use or disclose a patient's PHI where required by law, however, you must be careful to Emit the disclosure of PHI to the minimum amount needed to comply with the law. Some examples of these situations are: 10.1.1. Patient consent-45 Code of Federal Regulations (CFR) 164.508 permits use or disclosure of PHI with a signed patient authorization 10.1.2. Public health activities—PHI may be released to "proper authorities" as required by reporting laws relating to a communicable disease, injury, birth, & death, and for public health investigations pursuant to applicable state and/or federal law. 10.1.3. Coroner—EMS may disclose personal health information to the County Coroner as required by law. 10.1.4. Military—EMS may disclose a patient's PHI if he or she is a member of the military as required by armed forces services. 10.1.5. Averting a serious threat to health or safety—PHI may be disclosed or used if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. 10.1.6. Victim abuse, neglect, or domestic violence—EMS may disclose PHI to the proper authorities, including government authorities, if it suspects child abuse or neglect. 10.1.7. Reporting crime in emergencies—When EMS is providing emergency health care it may disclose PHI to a law enforcement official if such disclosure appears necessary to alert law enforcement to: 10.1.7.1. Commission and nature of a crime. 10.1.7.2. Location of a crime or of the victims of such a crime. 10.1.7.3. Identity, description, and location of the perpetrator of such crime. 10.1.8. EMS may release PHI required by court order or court ordered warrant or a subpoena or summons issued by a judicial officer. 10.1.9. Requests for records from attorneys generally must receive a written authorization from the patient to release the medical records. All requests for release of records will be processed through Ada County Paramedics. 10.1.10. ACCESS may release personal health information to a family member, other relative, or close personal friend or other individual involved in the patient's care if ACCESS personnel obtain the patient's verbal agreement to do so(if by telephone -verify birth date, Social Security Number, address,& Phone number), or if EMS gives the patient an opportunity to object to such a disclosure and the patient does not raise an objection; and in certain other circumstances APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A Page 313 Item#17. where ACCESS is unable to obtain the patient's agreement and believes the disclosure is in the patient's best interest. 10.1.11. It is OK to share information with patients when they request it, b u t verify (birth date, Social Security Number, address, &Phone number) their identity. If the request is in person, ask for ID,have them complete a record request form, and notate in account. 11. Minimum Necessary Rule 11.1. In all instances, only the information that is necessary and appropriate may be released. Do not disclose PHI via blog, web site, discussion group, social network, or other public place even when you believe the information is "de-identified" unless the information is reviewed and approved by the Compliance Officer or designee. Posts on social media sites can give enough info for friends and family to recognize patient. Names do not have to be included to be a violation. 11.2. If there is a question as to the appropriate release of information, the employee should contact an Ada County Paramedics Battalion Chief for clarification. If an employee believes that they may have inadvertently released PHI in error, they must notify their supervisor in writing of that disclosure. The Compliance Officer is the custodian of patient records and must authorize release of all PHI generated within this System. All records within the System that contain PHI are to be kept secure at all times and locked up when not being used for legitimate purposes. 11.3. Non-compliance with this policy may follow the disciplinary process. 12. Incidental Uses and Disclosures 12.1. The Privacy Rule does not expect our system to guarantee the privacy of a patient's PHI against all potential risks. So longs as you have implemented reasonable safeguards to minimize the risk of accidental use or disclosure and you comply with the minimum necessary standard, the Privacy Rule will permit incidental uses and disclosures. 12.1.1. The HHS Office of Civil Rights has defined an incidental use or disclosure as"a secondary use or disclosure than cannot reasonably be prevented, is limited in nature, and that occurs as a result of another use or disclosure that is permitted by the Rule." 12.2. For example, where multiple patients are taken in an ambulance, it is possible that one patient could overhear you discussing the condition of the second patient. There will be times this disclosure is unavoidable and it would be permitted so long as it was related to patient treatment. 12.3. ACCESS crews should take every opportunity to minimize these disclosures, but where it is unavoidable, focus first on patient care and treatments. APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A Page 314 Item#17. 13. PATIENT RIGHTS: 13.1. The Privacy Rule granted patients important new rights with respect to their PHI information. These rights include: 13.1.1. Access to their own PHI. 13.1.2. Ask for amendments if they believe their PHI to be inaccurate. 13.1.2.1. Must grant or deny a requested amendment within 60 days of receipt of patient's request. 13.1.2.2. If granted, we must revise the affected records and notify other persons or entities that might possess the same PHI. 13.1.2.3. A denial of the patient's request for access must be in writing, and must give the patient the grounds upon which the request is being denied. 13.1.2.4. Denial must also advise patient of their right to submit a written statement disagreeing with our denial, and advise patient of their right to file a complaint with the HHS. 13.1.2.5. If another covered entity notifies us that it has amended records related to apatient's PHI,we are required to amend any affected records in our possession. 13.1.3. Make complaints regarding organization's use or misuse of their PHI. See "Complaint Handling and Resolution Policy". 13.1.4. Access PHI in electronic format if PHI is in electronic format. 13.1.5. Request to not use PHI to submit claim to insurer for payment if they pay the entire billing in full 13.1.6. Receive `accounting' of all non TPO disclosures. 14. HIPAA BREACH NOTIFICATION: 14.1. Section 13402 of the American Reinvestment and Recovery Act of 2009 added the requirement that covered entities notify the affected individual upon the unauthorized use or disclosure of PHI in their possession. 14.2. A breach is treated as"discovered" on the first day we learn of the breach or could have learned of the breach had we exercised reasonable diligence. 14.3. When required to notify an affected individual, it must be by first class mail to the individual's last known address. We can give notification via email if individual has previously agreed to receive such notifications by email. Where an individual is deceased,notification should APPENDIX A:ESO REPORTING SOFTWARE EXHIBIT A Page 315 Item#17. be made to the next of kin or the individual's personal representative. 14.4. If the contact information is out-of-date for fewer than 10 individuals, substitute notice can be made by telephone or other means. If it is out- of-date for 10 or more individuals, substitute notice can be given in the form of. 14.4.1. A conspicuous posting for at least 90 days on home page of website. 14.4.2. A conspicuous notice in a major newspaper or on a broadcast network 14.4.3. For breaches involving the unsecured PHI of 500 or more individuals —please contact your Compliance Officer as there are specific requirements to follow-up. 15. ELECTRONIC PHI 15.1. Every user should have unique ID and password, and take security precautions, especially when electronic devices are left unattended. DO NOT SHARE PASSWORDS or download copies of patient data onto thumb drive or other portable device unless authorized to do so. Do not give lock combinations to an unauthorized person. 16. SUMMARY 16.1. PHI may be used for treatment or patient care,payment, and healthcare operations (TPO). 16.2. The HIPAA Compliance Officer, Steve Boyenger, ACP,oversees policies and procedures and should be first point of contact. 16.3. PHI may be disclosed to law enforcement in limited, specific situations. 16.4. Take extra attention when: 16.4.1. Communicating with media 16.4.2. Using social networking sites 16.4.3. Texting, posting, or blogging about any patient information 16.4.4. Releasing, verifying, or confirming patient information 16.5. Get written authorization from patient or personal representative when fulfilling requests for PHI from attorneys. All requests for PHI will be handled by the Ada County Paramedics administration office. APPENTDDC A:ESO REPORTING SOFTWARE EXHIBIT A Page 316 Item#18. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Task Order for Waiver of Fees for Meridian Library District Orchard Park Tenant Improvement Project (C-TI-2021-0050) Page 317 Item#18. C� fIEN , IN4, IDAHG-. MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: February 1, 2022 Presenter: Bill Nary, City Attorney Estimated Time: .5 minutes Topic: Task Order for Waiver of Fees: Meridian Library District Orchard Park Tenant Improvement Project (C-TI-2021-0050) Recommended Council Action: Approve the agreement and authorize the Mayor's signature. Background: On November 30, 2021 , City Council approved and the Mayor executed a master agreement with the Meridian Library District outlining the general terms and conditions under which the City will waive development and building fees for construction projects undertaken by the Meridian Library District. That agreement contemplates that when MLD starts a specific project, the City will prepare and execute a task order for waiver of specific fees for that project. This task order sets forth the specific fees and amounts to be waived for MLD's Orchard Park project, pursuant to the terms of the November 30, 2021 Master Agreement. Page 318 TASK ORDER FOR MERIDIAN LIBRARY DISTRICT ORCHARD PARK TENANT IMPROVEMENT PROJECT (C-TI-2021-0050) This TASK ORDER FOR MERIDIAN LIBRARY DISTRICT ORCHARD PARK TENANT IMPROVEMENT PROJECT (C-TI-2021-0050) ("Task Order")is made this 1st day of February, 2022 ("Effective Date"), by and between Meridian Library District, a public library district organized under the laws of the State of Idaho ("District") and the City of Meridian,a municipal corporation organized under the laws of the State of Idaho ("City") (collectively, "Parties"). WHEREAS, on November 30, 2021, City and District entered into a Master Interagency Governmental Agreement for Waiver of Costs and Fees ("Master Agreement"),which establishes terms and conditions under which City may waive enumerated fees that District would otherwise pay to City; and WHEREAS,pursuant to the process set forth in the Master Agreement, District submitted a proposal requesting that the City waive fees for the Orchard Park Tenant Improvement Project(C-TI-2021-0050); NOW,THEREFORE, for good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants contained in the Master Agreement,the Parties agree as follows: I. FEES TO BE WAIVED. Pursuant to the Master Agreement, as to the Orchard Park Tenant Improvement Project (C-TI-2021-0050), City shall waive fees in the amount of$17,916.79. Specifically: A. City shall waive the following building permit and inspection fees: Commercial tenant improvement permit in the amount of$12,275.98. B. City shall waive the following plan review fees: 1. Structural plan review fees in the amount of$2,952.37. 2. Fire plan review fees in the amount of$2,688.44. No impact fees will be collected,because the project is a tenant improvement, rather than new construction, and for the same reason, no development applications have been submitted as part of this Project. H. MASTER AGREEMENT APPLIES. All provisions of the Master Agreement are incorporated by reference and made a part of hereof as if set forth in their entirety herein. IN WITNESS WHEREOF,the parties hereto have executed this Task Order on the Effective Date first written above. MERIDIAN LIBRARY DISTRICT: CITY OF MERIDIAN: *:� C,LM cy � Megan L Chair Robert E. Simison, Mayor 2-1-2022 Meridian Library District Board of Trustees Attest: Chris Johnson, City Clerk 2-1-2022 TASK ORDER-FEE WAIVER FOR MLD'S ORCHARD PARK TENANT IMPROVEMENT PROJECT C-TI-2021-0050 Item#19. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 22-2307: A Resolution of the Mayor and the City Council of the City of Meridian, Re-Appointing Andrew Seal to Seat 3 of the Meridian Planning and Zoning Commission; and Providing an Effective Date Page 320 CITY OF MERIDIAN RESOLUTION NO. 22-2307 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, HOAGLUN, PERRAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING ANDREW SEAL TO SEAT 3 OF THE MERIDIAN PLANNING & ZONING COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code 2-1-1 establishes the Meridian Planning and Zoning Commission, its members and terms of their appointments; and WHEREAS, Andrew Seal was appointed to Seat 3 on the Meridian Planning and Zoning Commission by Resolution No. 19-2125 on January 22, 2019 with a term to expire January 31, 2021; and WHEREAS, the City Council of the City of Meridian deems the re-appointment of Andrew Seal to Seat 3 of the Planning&Zoning Commission to be in the best interest of the Meridian Planning and Zoning Commission and of the City of Meridian. NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1,Andrew Seal is hereby reappointed to Seat 3 of the Meridian Planning and Zoning Commission, with a term to expire January 31, 2025. Section 3. 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 1st day of February, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 1st day of February, 2022. APPROVED: Mayor Robert E. Simison 2-1-2022 ATTEST: By: Chris Johnson, City Clerk 2-1-2022 RE-APPOINTMENT OF ANDREW SEAL-MERIDIAN PLANNING &ZONING COMMISSION Item#20. (:> E IDIAN*-----, AGENDA ITEM ITEM TOPIC: Resolution No. 22-2308: A Resolution of the Mayor and the City Council of the City of Meridian Approving City Council President's Appointments of City Council Members/City Staff Members to serve as Interagency Boards, Committees, and Initiatives Representatives; and Providing and Effective Date Page 322 CITY OF MERIDIAN RESOLUTION NO. 22-2308 BY THE CITY COUNCIL: BERNT,BORTON, CAVENER, HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING CITY COUNCIL PRESIDENT'S APPOINTMENTS OF CITY COUNCIL MEMBERS/CITY STAFF MEMBERS TO SERVE AS INTERAGENCY BOARDS, COMMITTEES, AND INITIATIVES REPRESENTATIVES, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, City Council members/City staff members are authorized to represent the City of Meridian at, or attend on behalf of the City of Meridian,the meetings of various interagency boards, committees, and initiatives, including the Community Planning Association of Southwest Idaho, the Ada County Air Quality Board, the Meridian Rural Fire District Board, Meridian Development Corporation, Allumbaugh House and Valley Regional Transit Board; and at the City Council meeting on January 18, 2022, City Council President Brad Hoaglun did make such appointments, as set forth in Exhibit A hereto; WHEREAS, by this resolution, the City Council of the City of Meridian seeks to effectuate and memorialize these appointments; NOW THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY,IDAHO: Section 1. That the City Council members/City staff members appointed by City Council President Hoaglun to serve as liaisons to the respective interagency boards,committees and initiatives, as set forth in Exhibit hereto, shall fulfill the duties of such function on behalf of the City of Meridian 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 1st day of February, 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 1st day of February, 2022. APPROVED: ATTEST: Mayor Robert E. Simison 2-1-2022 By: Chris Johnson, City Clerk 2-1-2022 RESOLUTION EFFECTUATING INTERAGENCY BOARDS,COMMITTEES,AND INITIATIVES REPRESENTATIVES PAGE 1 &2 RESOLUTION EFFECTUATING INTERAGENCY BOARDS, COMMITTEES, AND INITIATIVES REPRESENTATIVES PAGE 2 OF 2 EXHIBIT A MERIDIAN CITY REPRESENTATIVES Interagency Boards, Committees and Initiatives Primary Alternate(s) ACEM Executive Council Mayor Simison Treg Bernt, Council Member tbernt@meridiancity.org Air Quality Board Mayor Simison Laurelei McVey, Public Works Director lmcvey@meridiancity.org Allumbaugh House Mayor Simison Tracy Basterrechea, Police Chief tbasterrechea@meridiancity.org COMPASS Mayor Simison Bill Nary, City Attorney bnary@meridiancity.org Charlie Rountree, Community Member Steve Siddoway, Parks & Rec Director ssiddoway@meridiancity.org Bruce Freckleton, Community Development Director bfreckleton@meridiancity.org Caleb Hood, Planner Manager chood@meridiancity.org COMPASS Executive Board Mayor Simison Bill Nary, City Attorney bnary@meridiancity.org Bruce Freckleton, Community Development Director bfreckleton@meridiancity.org EMS JPA Mayor Simison Joe Borton, Council Member jborton@meridiancity.org Meridian Development Corporation Treg Bernt, Council Member tbernt@meridiancity.org ------- Meridian Rural Fire Joe Borton, Council Member jborton@meridiancity.org ------- Treasure Valley Partners Mayor Simison ------- Valley Ride Transit Todd Lavoie, CFO tlavoie@meridiancity.org Dave Tiede, CIO dtiede@meridiancity.org Miranda Carson, Comprehensive Associate Coordination Planner mcarson@meridiancity.org Valley Ride Transit Executive Board Todd Lavoie, CFO tlavoie@meridiancity.org Dave Tiede, CIO dtiede@meridiancity.org Item#21. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Resolution No. 21-2300: A Resolution of the Mayor and City Council of the City of Meridian to Repeal and Replace the City of Meridian Standard Operating Policy and Procedure Manual to Establish a New Standard Operating Policy Manual; and Providing an Effective Date Page 325 CITY OF MERIDIAN RESOLUTION NO. 21-2300 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER HOAGLUN, PERREAULT, STRADER A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO REPEAL AND REPLACE THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL TO ESTABLISH A NEW STANDARD OPERATING POLICY MANUAL; AND PROVIDING AN EFFECTIVE DATE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the Mayor and City Council have authority over the policies for the City of Meridian; WHEREAS the City has previously approved a Standard Operating Policy and Procedures Manual in 2002 for application to all employees of the City; WHEREAS the City Council may amend the Manual from time to time as necessary to incorporate changes as needed; WHEREAS the City now desires to separate policy and procedures to create greater efficiency and improve operational needs; NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The City of Meridian Standard Operating Policies and Procedures Manual is hereby replaced by a new and revised Standard Operating Policy Manual; a copy of said policy is attached and incorporated by reference as Exhibit"A". SECTION 2. 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_ 1st Day of February 2022. APPROVED by the Mayor of the City of Meridian, Idaho, this 1 st Day of February 2022 APPROVED: ATTEST: By: Mayor Robert E. Simison Chris Johnson, City Clerk A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO REPEAL AND REPLACE THE CITY OF MERIDIAN STANDARD OPERATING POLICY AND PROCEDURE MANUAL TO ESTABLISH A NEW STANDARD OPERATING POLICY MANUAL Page 326 Item#21. STANDARD OPERATING POLICY AND PROCEDURE MANUAL TABLE OF CONTENTS Manual Overview Mission, Vision, Value Statement Mayor's Welcome SECTION 1: GENERAL INFORMATION 1.1 Introduction & Employment Overview 1.2 At-Will Employment Status 1.3 Establishment of Citywide Employment-Related Policies 1.4 Establishment of Citywide Employment-Related Procedures SECTION 2: EMPLOYMENT POLICIES 2.1 Equal Employment Opportunity 2.2 Affirmative Action 2.3 Unlawful Workplace Discrimination Harassment and Retaliation 2.4 Americans with Disabilities Act 2.5 Immigration Control Act 2.6 Employment References 2.7 Staffing, Selection, Promotion, Transfer 2.7.1 Criminal Background Checks 2.8 Introductory Period of Employment 2.9 Trial Service Period for Promotions or Transfers 2.10 Remote Work SECTION 3: CLASSIFICATION & COMPENSATION 3.1 Employee Classification 3.2 Hours of Work 3.3 Payroll 3.4 Compensation Program 3.4.1 Individual Pay 3.4.2 Compensation Program Updates Revision Date:12/14/2021 Page 327 Item#21. 3.4.3 Performance Increases to salary 3.4.4 Adjustment to Wages 3.4.5 On Call/Call Out Duties and Compensation 3.5 Travel & Expense Reimbursement 3.6 Overtime Compensation SECTION 4: TIME OFF AND LEAVES 4.1 Holidays 4.2 Vacation 4.3 Sick Leave 4.2.1 Donation of Vacation Leave to Another Employee for FMLA Qualifying Event vent 4.4 Family and Medical Leave 4.5 Bereavement Leave 4.6 Civil Leave 4.7 Military Leave 4.8 Leaves of Absence 4.8.1 Administrative Leave With Pay 4.8.2 Leave Without Pay 4.9 Paid Parental Leave SECTION S: BENEFITS 5.1 Group Health and Related Benefits 5.2 COBRA 5.3 PERSI Retirement Program 5.4 Education Reimbursement 5.5 Director Benefits Programs 5.6 Retirement Match Program 5.7 Vacation Leave Accrual Rollover Program SECTION 6: WORKPLACE POLICIES 6.1 Life Threatening Illness 6.2 Use of City Owned Equipment 6.2.1 Use of City Vehicles 6.2.2 Use of City Copiers, Printers Computers, Software, and Phone Systems 6.2.3 Electronic Mail 6.2.4 Use of Internet 6.2.6 Mobile Devices 6.2.7 Use of the Fitness Facility in Hall 6.3 Training and Development 6.4 Absenteeism and Tardiness Revision Date:12/14/2021 Page 328 Item#21. 6.5 Bulletin Boards 6.6 Drivers License Requirements 6.7 Emergency Closure 6.8 Nepotism 6.9 Safety 6.10 Political Activities 6.11 Gifts and Gratuities 6.12 Solicitation 6.13 Outside Employment 6.14 Appropriate Clothing Attire for Work Purposes and Procurement 6.15 City Hall Parking Permits 6.16 Employee Identification/Prox Cards 6.17 Request for Public Information 6.18 Conflict of Interest 6.19 Social Media 6.20 Use of Aerial Vehicles (Drone) SECTION 7: STANDARDS OF CONDUCT 7.1 Drug and Alcohol Policy 7.2. Use of Nicotine or Tobacco Products 7.3 Workplace Violence 7.4 Criminal Charges and Misdemeanor 7.5 Standards of Conduct 7.6 Prohibited Activities in Workplace Conduct 7.7 Recycling SECTION 8: TERMINATION AND DISIPLINARY ACTION 8.1 Disciplinary Action 8.2 Termination of Employment 8.3 Adverse Employment Action Appeal SECTION 9: CITYWIDE FINACE POLICES 9.1 Accounts Payable 9.2 Accounts Receivable 9.3 Business Credit Account 9.4 Capital Improvement Management 9.5 Credit Card 9.6 Financial Reporting and Accounting 9.7 Fixed Assets Revision Date: 12/14/2021 Page 329 Item#21. 9.8 Grant Management 9.9 Internal Control 9.10 Inventory 9.11 Legal Tender Handling 9.12 Purchasing 9.13 Revenue Management 9.14 User Fees and Charge Development SECTION 10: CITYWIDE INFORMATION TECHNOLOGY POLICES 10.1 Disposal of Media 10.2 Equipment Checkout 10.3 Identity and Access Management 10.4 Incident Response 10.5 Information Security 10.6 Password Requirements 10.7 Security Awareness Training 10.8 Technology Purchases 10.9 Technology Replacement Revision Date:12/14/2021 Page 330 Item#21. CITY OF MERIDIAN STANDARD OPERATING POLICYAND PROCEDURE MANUAL OVERVIEW The following is the City of Meridian's Standard Operating Policy/Procedures (SOP)Manual that outlines the Human Resources policies and procedures for the City. This SOP Manual is provided as a guideline to employees and supervisors as they perform the duties and responsibilities assigned to their respective positions. These policies and procedures are specific to employment and related matters. Additional policies may exist within individual departments relating to the specific operations and responsibilities of employees within them. Employees and supervisors should become familiar with and abide by the guidelines of those additional policies and procedures in addition to those contained within this Manual. Should department policies conflict with or contradict the policies or procedures contained within this Manual(other than a recognized collective labor agreement), employees shall refer to this Manual as the primary guidelines on such matters. We have done our best to correctly explain the City's policies,procedures and benefits in all sections of this manual. However, if anything in this manual disagrees with formal policies, legal documents, collective labor agreement, or law, please contact Human Resources for guidance. The policies contained shall not create a promise, guarantee or contract of any kind between the City and the employee,nor does it guarantee employment for a specific period of time nor does it apply to appointed positions under State Code section 50-204 through 206. This policy and procedure manual is not a contract of employment and should not be interpreted by the employee as such. All employees are considered"at-will"unless otherwise covered by a labor agreement or appointed. Either they or the City may terminate the employment relationship at any time for any reason other than an unlawful, discriminatory reason. These Policies and Procedures apply in general to all personnel who are employed by the City, as well as volunteers, and elected officials. Employees covered by a Collective Labor Agreement shall be covered by any Policy or Procedure in this Manual that are not in conflict with the Collective Labor Agreement or that specific Department Policy. This Policy and Procedure Manual replaces all prior employment policies, procedures, and practices that pre-date this version. No Director or employee shall have the authority to establish policy or allow behavior that directly conflicts with these Policies and Procedures. All Policies and Revision Date:12/14/2021 Page 331 Item#21. any financial procedures,with any fiscal impact,must be approved by the City Council to be effective. Procedures that do not have any fiscal impact may be changed by the process contained within this Manual. Management Rights: The City reserves the right to direct and control the operation of its business including,but not limited to, the management, assignment, scheduling, and direction of the workforce as well as the right to discipline or discharge employees pursuant to the provisions of this policy/procedure manual unless otherwise mandated by a labor agreement. The City is committed to ensuring an effective and respectful workplace. Violations of these Policies and Procedures are subject to corrective and disciplinary action,up to and including termination as outlined within this manual. Revision Date: 12/14/2021 Page 332 Item#21. E IDIA Our Mission: Meridian will deliver superior service through committed, equipped employees, dedicated to the stewardship of the public's resources while being a vibrant, livable and connected community. Our Vision: By 2035, Meridian will be the West's premier community in which to live,work and raise a family. Our Values At the City of Meridian,We CARE.That means: • Providing the best Customer Service to our community, colleagues, and partners by listening and responding in a timely,friendly, professional,and solution-oriented manner. • Exemplifying Accountability by understanding our role in the organization, knowing our jobs, and accepting that each of us is responsible for our own work choices, and actions. Acting as stewards of the community's resources,our environment, and our relationships. • Showing Respect by being trustworthy and courteous. We honor, accept, and include people with diverse opinions and backgrounds. • Demonstrating continual Excellence through professionalism, going beyond the parameters of our job while being creative, innovative, flexible, and adaptable to multiple needs. Revision Date:12/14/2021 Page 333 t Mayor Robert E. Simison uER,IDIAN .�_� City Council Members: Treg Bernt Brad Hoaglun D A H O Joe Borton Jessica Perreault Luke Cavener Liz Strader MAYOR'S WELCOME Congratulations on your decision to be part of the City of Meridian family. We are excited to welcome you to Team Meridian, where we are one team with one mission! As a City, we are committed to be the West's premier community in which to live, work and raise a family—and to meet that vision it all starts with you and those around you. It is how we, as public servants, provide our outstanding services to the public. It is about being innovative in our jobs so we can meet the needs of our customers in an ever-changing environment. It is about how we CARE about our community, customers and one another. Our CARE values show that our employees want to be the Customer Service leaders; we are Accountable for our work, choices and actions; we show Respect to one another; and, we are Excellent at what we do by going above and beyond the parameters of our jobs. In addition, we provide CARE to our community in a timely, friendly, professional, and solution-oriented manner. Why do we do this? Because,that is the Meridian Way. The policies that follow will help you address the issues, policies and practices that will guide you as an employee for the City of Meridian. Not every situation is addressed herein and laws, cultural values and organizational needs may change. As changes occur, updates will be made to our Policy manual. With that in mind, I encourage you to consult with your supervisor, director or the Human Resources Department with questions or situations that arise during the course of your employment to ensure adherence to the City Policies. Once again, congratulations on your decision. I am confident that you will be successful in your job, and will uphold our CARE values and help us achieve our vision. Welcome to Team Meridian! ith appreciation, Rober E. Si ison Mayor Page 334 Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-489-0529 . www.meridiancity.org Revision Date:12/14/2021 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 1.1 Introduction and Employment Overview Purpose: To set forth the City's employment-related policies as provided within the City's Standard Operating Policy Manual (SOP Manual). Policy: City policies apply in general to all personnel employed by the City, as well as volunteers and elected officials.The SOP Manual sets forth, in one manual, employment-related information that each City employee is expected to know regarding employment policies and related information.Any questions regarding City policies should be directed to the Human Resources Director, or designee. Nothing in the SOP Manual, or any other document received by an employee during employment, shall create a promise, representation, or contract of continued employment.These policies are presented as a matter of information only and are not binding employment conditions or an employment contract. The City reserves the right to revise, modify, delete, or add to any and all of its policies at any time.The City shall make all available efforts to inform employees of any changes to City policies as soon as practical. However, all policies shall take effect on the specified date as approved by the Mayor and City Council, and therefore become binding as to all City employees at that time. No oral statements or representations made to employees should be understood to change or alter the provisions of any and all approved policies. This policy shall be implemented pursuant to the Procedures for Introduction and Employment Overview Standard Operating Procedures. Authority&Responsibility: The Mayor and City Council shall retain the responsibility and authority to, approve new and or updated City of Meridian Policies. Human Resources and Legal, in consultation with the Senior Leadership Team, will develop, review, approve, and implement Council approved policies for the City. As such, the Mayor retains primary authority to establish applicable terms and conditions of employment for all City employees. No supervisor, department director or designee, or any other representative of the City has the authority to enter into any agreement for employment for a specified period of time or make any agreement contrary to the policies contained in the SOP Manual. Related Information: City policies apply to all City employees, including represented Fire employees, unless otherwise stated in the current collective labor agreement. Revision Date:12/14/202 Page 335 Item#21. City of Meridian 1 Standard Operating Policy Number 1.2 At-Will Employment Status Purpose: To set forth the City's policy regarding the at-will employment status applicable to all non-represented City employees. All City employees are considered at-will employees unless otherwise stated in the current collective labor agreement for represented Fire employees. Policy: All non-represented City employees shall be considered at-will employees. Employment may be terminated at any time and for any or no reason. Nothing in this or any other policy, memo,verbal agreement, etc., shall create a promise, guarantee, or contract of continued employment. This policy shall be implemented pursuant to the At-Will Employment Status Standard Operating Procedures. Authority& Responsibility: Human Resources shall be responsible for interpreting this policy. Revision Date:12/14/202 Page 336 Item#21. City of Meridian 1 Standard Operating Policy Number 1.3 Establishment of Citywide Employment-Related Policies Purpose: To set forth the City's policy on how citywide employment-related policies are created for inclusion in the Standard Operating Policy Manual (SOP Manual). Policy: Citywide employment-related policies may be proposed by the Mayor or any department director. Citywide employment-related policies are a statement by the leadership of the City, and ultimately the Mayor and City Council, as to acceptable practice and behavior within the workplace.These policies are specific to employment-related matters.These policies apply in general to all personnel employed by the City, as well as volunteers and elected officials. Represented employees should refer to the current Collective Labor Agreement for complete information regarding policy applicability for Union Members. No supervisor or employee shall have the authority to establish policy or allow behavior that directly conflicts with these policies. Departments may adopt department operational policies with department director approval without needing secondary approval by the Mayor and City Council. This policy shall be implemented pursuant to the Establishment of Citywide Employment-Related Standard Operating Policies. Authority& Responsibility: Human Resources shall be responsible for administering proposed policies through the review process. Revision Date:12/14/202 Page 337 Item#21. City of Meridian 1 Standard Operating Policy Number 1.4 Establishment of Citywide Employment-Related Procedures Purpose: To set forth the City's policy regarding establishing citywide employment-related procedures that support citywide employment-related policies. Policy: Upon approval of a citywide employment-related policy, the corresponding Standard Operating Procedures shall be established by Human Resources, in consultation with the Senior Leadership Team, to direct and guide employees through the administrative implementation of the policy. Subsequent revision, or other modifications to citywide employment-related procedures shall be initiated by the Human Resources Director or individual department directors, in consultation with the Senior Leadership Team. This policy shall be implemented pursuant to the Establishment of Citywide Employment-Related Procedures Standard Operating Procedures. Authority and Responsibility: Human Resources shall be responsible for administering this policy. Revision Date:12/14/202 Page 338 Item#21. C�WF,Nt City of Meridian Standard Operating Procedures Number 1.1 Introduction and Employment Overview Purpose: To set forth the City's procedures relating to City employment-related policies as provided within the City's Standard Operating Procedures Manual (SOPR Manual). Procedures and Related Information: I. Public Employment Overview The City of Meridian is a political subdivision of the State of Idaho,though it is not a part of state government.The Mayor and City Council serve as the governing body for the City, carrying out local legislative duties and fulfilling other obligations as required. The Mayor and City Council are ultimately responsible to the residents of the City of Meridian. Only the Mayor and City Council have authority to establish policies, in consultation with the Senior Leadership Team,for City employees. Each employee should recognize that although he/she may report to an elected or appointed official, he/she remains an employee of the City of Meridian, not of the official who supervises his/her work. The Human Resources Director shall have authority and responsibility to oversee developing and revising supporting procedures to City employment-related policies, in consultation with the Mayor and City Council, Senior Leadership Team or others as deemed necessary. II. Employee Responsibility The SOPR Manual is published on the City Intranet and available to each employee. Human Resources will make every effort to notify employees of changes/updates to procedures. However, it is the ultimate responsibility of each employee to stay abreast of such changes. All employees are expected to understand and abide by all procedures as set forth herein. III. Effective Date Procedures shall become effective on the date approved by the Human Resources Director in consultation with the Senior Leadership Team. The Human Resources Director or any individual department director may initiate developing or revising an employee-related procedure, in consultation with the Senior Leadership Team.At any time that an individual procedure is developed, revised, or otherwise modified, said procedure shall become effective the date approved. The Human Resources Director may delegate approval authority for Finance and IT procedures to the respective department directors. IV. Applicability to Collective Labor Agreement Represented Fire employees governed by the collective labor agreement are also expected to follow the procedures as set forth within the City's SOPR Manual. Should a procedure of the current collective labor agreement conflict with the procedures set forth within the SOPR Revision Date:12/14/202 Page 339 Item#21. Manual, at any time,the procedure of the collective labor agreement shall apply to represented employees. Revision Date:12/14/202 Page 340 Item#21. City of Meridian 1 Standard Operating Procedures Number 1.2 At-Will Employment Status Purpose: To set forth the City's procedures regarding the at-will employment status applicable to all non- represented City employees. Procedures and Related Information: I. All City employees are at-will employees unless otherwise stated in the current collective labor agreement for represented Fire employees. II. Nothing in this procedure or any other City Standard Operating Procedure, individually or collectively, alters the at-will employment relationship, which means the employee may voluntarily terminate employment with the City for any reason at any time. III. Similarly,the City may terminate the employee's employment anytime for any or no reason. IV. This procedure does not apply to appointed positions under State Code section 50-204-206. Revision Date:12/14/202 Page 341 Item#21. C�WF,Nt r.� City of Meridian Standard Operating Procedures Number 1.3 Procedures for Establishment of Citywide Employment-Related Policies Purpose: To set forth the City's procedures for creating citywide employment-related policies. Procedures and Related Information: I. The Mayor or department directors shall provide Human Resources proposed citywide employment-related policies for initial review, including proposals to repeal or amend current policies. II. Human Resources may consult with Legal on such policies if appropriate. III. Human Resources shall present the proposed policy to the Senior Leadership Team for discussion and review. IV. Once finalized, Human Resources will present the proposed policy at a meeting of the City Council for discussion and direction. V. If directed by the City Council, Human Resources shall present the final version of the policy at a subsequent City Council meeting for approval with a resolution for adoption. VI. Once adopted Human Resources shall incorporate the policy into the SOPR Manual. Citywide employment-related policies shall be applicable to all City employees, unless otherwise set forth in the current collective labor agreement for represented Fire employees. VII. Human Resources will provide notice of the policy changes through the most appropriate method to reach applicable employees. Revision Date:12/14/202 Page 342 Item#21. C�WF,Nt r.� City of Meridian Standard Operating Procedures Number 1.4 Establishment of Citywide Procedures Purpose: To set forth the City's procedures for creating citywide employment-related procedures. Procedures and Related Information: I. When department directors provide Human Resources proposed citywide employee-related policies for initial review, including proposals to repeal or amend current policies,they shall also present the corresponding proposed citywide employee-related procedures. II. The Human Resources Director may initiate changes to existing employment-related procedures, or individual department directors may initiate proposed changes to existing employment-related procedures by submitting documentation to the Human Resources Director. III. Human Resources may consult with Legal on such proposed procedures if appropriate. IV. Human Resources may present the proposed procedures to the Senior Leadership Team for discussion and review. V. Human Resources shall finalize proposed and/or modified citywide employee-related procedures.The Human Resources Director may delegate authority to finalize department related procedures to the respective department directors. In that situation the respective department director will submit to Human Resources the final procedures. VI. Human Resources shall incorporate the procedure, and any modifications thereto, into the SOPR Manual which is available to all employees on the City Intranet. VII. Citywide employee-related procedures shall be applicable to all City employees, unless otherwise set forth in the current collective labor agreement for represented Fire employees. Vill. Human Resources may provide notice of the policy changes through email and/or the SOP Manual on the City Intranet. Revision Date:12/14/202 Page 343 Item#21. City of Meridian 1 Standard Operating Policy Number 2.1 Equal Employment Opportunity Purpose: To set forth the City's policy regarding its commitment to support Equal Employment Opportunity for all employees and applicants, and ensure an environment free from unlawful discrimination. Policy: It is the City's policy to encourage and support Equal Employment Opportunity for all employees and applicants for employment without regard to the individual's protected class status which includes race, color, religion, sex(including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history).veteran or current, past or future military status, or any other applicable legally protected status. Employment decisions will be evaluated on the basis of an individual's job-related competencies and criteria, including (but not limited to) knowledge, skills, abilities,job performance (past or current), job experience, and other bona fide occupational qualifications and job-related criteria. Authority& Responsibility: The Human Resources Director or designee is responsible for developing and monitoring equal employment opportunity programs and activities. Supervisory personnel and employees at all levels in the organization must share in the responsibility for promoting equal employment opportunity to ensure that compliance is achieved and that discrimination of any kind does not occur. Revision Date:12/14/202 Page 344 Item#21. City of Meridian 1 Standard Operating Policy Number 2.2 Affirmative Action Purpose: To set forth the City's policy regarding Affirmative Action requirements and the City's compliance with all guidelines and regulations as set forth by related federal regulations. Policy: The City has been designated as an Affirmative Action employer. Affirmative Action requirements of the federal government are designed to enhance employment opportunities for females and ethnic minorities, people with disabilities, and disabled veterans and veterans of the Vietnam era. As such, the City's Affirmative Action programs provide for fuller utilization and development of all human resources. The City's Affirmative Action Plan will cover all employees and applicants for employment. The City has established a written Affirmative Action Plan (AAP) prepared in conformance with Executive Order 11246,the Rehabilitation Act of 1973, and the Vietnam Era Veteran's Readjustment Assistance Act of 1974, and the implementation of regulations as provided by the Office of Federal Contract Compliance Programs (OFCCP). This written program will be updated on an annual basis, identifying areas of underutilization and establishing goals for the City to work towards. This policy shall be implemented pursuant to the Affirmative Action Standard Operating Procedures. Authority& Responsibility: Human Resources shall be charged with establishing and maintaining an up-to-date Affirmative Action Plan, identifying areas of underutilization and employment objectives for the City. Department Directors or designees and supervisors are expected to comply with all elements of the AAP and to support its goals and objectives in all employment activities. Revision Date:12/14/202 Page 345 Item#21. City of Meridian 1 Standard Operating Policy Number 2.3 Unlawful Workplace Discrimination, Harassment,and Retaliation Purpose: To set forth the City's policy against unlawful workplace discrimination, harassment, and retaliation in the workplace. Policy: It is the City's policy to foster and maintain a work environment that is free from unlawful workplace discrimination, harassment, retaliation, intimidation, hostility, or other offenses,which might interfere with work performance. All employees, regardless of their status of employment, have a right to work in an environment free from unlawful discrimination, harassment, retaliation, intimidation, or ridicule, based on race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history).veteran or current, past or future military status, or any other applicable legally protected status.The City will not tolerate unlawful harassment, discrimination, or retaliation of any kind in its employees' day to day communication with co-workers or members of the public. Employees are expected to show respect for each other and the public at all times.The City strictly prohibits unlawful discrimination, harassment or retaliation as defined herein. This policy shall be implemented pursuant to the Unlawful Workplace Discrimination, Harassment, and Retaliation Standard Operating Procedures. Authority& Responsibility: Human Resources shall be responsible for interpretation and administration of this policy. Revision Date:12/14/202 Page 346 Item#21. C�WF,Nt r.� City of Meridian Standard Operating Policy Number 2.4 American's with Disabilities Act Section 504—Rehabilitation Act of 1974 Purpose: To set forth the City's policy to comply with the American's with Disabilities Act (ADA) for general employment and with Section 504 of the Rehabilitation Act of 1974 for Affirmative Action. Policy: The City shall provide fair and equitable employment opportunities and shall follow legal employment practices compliant with the American's with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1974. The City prohibits unlawful discrimination in employment based on an employee's or applicant's physical or mental condition as outlined within the regulations. Reasonable accommodation shall be considered upon request for all applicants and employees provided it does not create an undue hardship for the City. This policy shall be implemented pursuant to the American's with Disabilities Act Standard Operating Procedures. Authority& Responsibility: Human Resources shall be responsible for interpretation and administration of this policy. Revision Date:12/14/202 Page 347 Item#21. City of Meridian 1 Standard Operating Policy Number 2.5 Immigration Control Act Purpose: To set forth the City's policy on pre-employment documentation(Form 1-9)as required by the Immigration Reform and Control Act of 1986 (IRCA). Policy: The City is committed to ensuring compliance with federal law by hiring only citizens and aliens lawfully authorized to be employed in the United States. Any person wishing to work for the City of Meridian, regardless of the nature of the job or the number of hours or months employed,will be required to show proof of identification and legal authorization to work. Identification must be provided as outlined within Form 1-9 (Employment Eligibility Verification). This policy shall be implemented pursuant to the Immigration Control Act Standard Operating Procedures. Authority& Responsibility: Human Resources shall ensure that pre-employment documentation requirements comply with the Immigration Reform and Control Act of 1986 (IRCA). Revision Date:12/14/202 Page 348 Item#21. City of Meridian 1 Standard Operating Policy Number 2.6 Employment References Purpose: To set forth the City's policy regarding requests for employment references for current and former employees, as well as the City's requests for information on current or potential employees. Policy: Human Resources shall obtain all references required by the City for employment of applicants, with the exception of references or background investigations conducted by the police department for law enforcement personnel. City employees are not authorized to directly contact outside agencies, organizations,former employers, or anyone else, unless directed by the Human Resources Director or designee. This policy shall be implemented pursuant to the Employment References Standard Operating Procedures. Authority& Responsibility: Only the Human Resources Department is authorized to release or refer employment references on current or former employees to the department director or designee, outside agencies, or employers. Requests for references received directly by any City personnel should be referred to the Human Resources Director or designee. Employment references for law enforcement personnel requested by other law enforcement agencies will be handled through the Police Chief or designee,with copies of all records forwarded to Human Resources for filing. Revision Date:12/14/202 Page 349 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 2.7 Staffing, Selection, Promotion,Transfer Purpose: To set forth the City's policy on staffing, selection, promotion, and transfer as it applies to City employees and applicants. Policy: It shall be the policy of the City to staff and select the most qualified persons for employment, promotion, and transfer. Staffing and selection shall be conducted in a manner intended to ensure fair and open competition, provide equal employment opportunity, and prohibit unlawful discrimination or favoritism based on protected class status. This policy shall be implemented pursuant to the Staffing, Selection, Promotion, and Transfer Standard Operating Procedures. Authority& Responsibility: Human Resources shall oversee the administration of this policy to ensure compliance with state and federal law. Revision Date:12/14/202 Page 350 Item#21. City of Meridian 1 Standard Operating Policy Number 2.7.1 Criminal Background Checks Purpose: To set forth the City's policy on conducting criminal background checks for positions that may come in contact with sensitive information, City assets and equipment, contact with the public, and others as specified within this policy. Policy: To evaluate the fitness of applicants for employment or continued employment, as required by state and federal law, the City may require pre-employment or post-employment criminal background checks be conducted for individuals in positions that: 1. Require access to secure or confidential areas or information; 2. Require access to personnel records; 3. Require supervision over children; 4. Require work on or around police vehicles, equipment, and/or firearms; 5. May require access to property, homes, and/or businesses; 6. Require handling of financial accounts or transactions; 7. Require use of City vehicles or equipment; 8. Require work on or around fire vehicles and equipment and/or providing patient care; or 9. Otherwise creates an employment situation that appears to necessitate a criminal background check. This policy shall be implemented pursuant to the Criminal Background Checks Standard Operating Procedures. Authority& Responsibility: Human Recourses shall be responsible for interpreting this policy. Except for law enforcement personnel supervised by the Chief of Police,the Human Resources Director or designee, is authorized to perform, request, and receive criminal background history from City's designated service provider for any applicant offered employment which may include transfer and promotions with the City of Meridian for those types of positions herein specified. Dissemination or other use of criminal history information is prohibited. Revision Date:12/14/202 Page 351 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 2.8 Introductory Period of Employment Purpose: To set forth the City's policy regarding the employment status, responsibilities and expectations for new employees during the Introductory Period of Employment. Policy: The City of Meridian is an at-will employer. Each new employee hired, whether full-time or part-time, shall serve an introductory period of employment for six (6) months, or one (1)year for Sworn Police or Fire personnel. Employees may be terminated at any time with or without cause during the Introductory Period of Employment or anytime thereafter. This policy shall be implemented pursuant to the Introductory Period of Employment Standard Operating Procedures. This policy shall apply to represented Fire personnel unless otherwise stated in the current collective labor agreement. Authority& Responsibility: Human Resources shall responsible for administering this policy. Revision Date:12/14/202 Page 352 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 2.9 Trial Service Period for Promotions or Transfers Purpose: To set forth the City's policy regarding the Trial Service Period for Promotions or Transfers of current employees. Policy: The City supports growth and development of its employees. Promotions and transfers provide current employees an opportunity to learn and grow with the City. Each employee shall serve a Trial Service period of no less than six(6) months upon transfer or promotion. This policy shall be implemented pursuant to the Trial Service Period for Promotions or Transfer Standard Operating Procedures. Authority& Responsibility: Human Resources shall be responsible for administering this policy. Supervisors are expected to set clear expectations for employees, and to work with them closely during the Trial Service Period to ensure proper learning and training take place. Supervisors are also expected to provide appropriate feedback and learning opportunities so as to appropriately train these employees and assess their ability to perform related job duties. Revision Date:12/14/202 Page 353 Item#21. City of Meridian 1 Standard Operating Policy Number 2.10 Remote Work Purpose: To set forth the City's policy regarding remote work as an alternative to an employee's designated work location. Policy: The City considers remote work to be a viable, flexible work option when both the employee and the job are suited to such an arrangement and it meets the needs of the City. Remote work is the concept of working from home or another location. Remote work can be informal, such as working from home for a short- term project or a formal set schedule of working away from the office. Remote work is an alternative method of working that, when implemented, does not alter the work expectations of the employee or diminish the services offered by the City. The City may allow remote work for designated positions to create the opportunity for remote work location to meet City needs without compromising productivity, quality, customer service, etc, while promoting employee workplace flexibility. Employees may request a remote work arrangement if their position has been identified by the City as being eligible. The City has the right to refuse to make remote work available to an employee and to terminate a remote work arrangement at anytime. Authority&Responsibility: Department Directors or designee shall be responsible to ensure the appropriate administration of this policy in consultation with Human Resources and Information Technology. Revision Date:12/14/202 Page 354 Item#21. City of Meridian 1 Standard Operating Procedure Number 2.1 Equal Employment Opportunity Purpose: To set forth the City's procedures for implementing the City of Meridian's Equal Employment Opportunity Standard Operating Policy. Procedures and Related Information: I. Commitment to Equal Employment Opportunity Equal employment opportunity is among the highest priorities for the City of Meridian.The City is committed to demonstrating with continued good faith efforts and practices in support of equal employment opportunity and affirmative action (see related information in SOPR 2.2). II. Compliance With All State and Federal Guidelines The City of Meridian supports the principle of equal employment opportunity. These procedures communicate to all employees and applicants that the City complies with state and federal guidelines and requirements. Equal employment opportunity affects all employment practices at the City, including, but not limited to staffing, hiring, transfer, promotion, training, compensation, benefits, termination of employment, and all other privileges and conditions of employment. III. Reasonable Accommodation At the request of an employee or applicant, the City will make every effort to provide reasonable accommodation for physical/mental disability, military activity, religious beliefs, and related needs, provided it does not create an undue hardship upon the City. Employees and applicants must directly notify the Human Resources Director or designee of such requests (see related information in SOPR 2.4). IV. Equal Employment Opportunity Objectives All personnel policies, procedures, programs, and practices will be directed towards the goal of promoting equal employment opportunity and a work environment free of unlawful discrimination. It is therefore the City's objective to: A. Staff, hire, train, and promote/transfer persons in all job titles, without regard to race, color, religion, sex (including pregnancy, sexual orientation, or gender identity), national origin, age (40 or older), disability and genetic information (including family medical history), veteran, or current, past or future military status, or any other applicable legally protected status,except where such status is a bona fide occupational qualification. Revision Date:12/14/202 Page 355 Item#21. B. Make employment decisions in a manner which will further the principles of equal employment opportunity and affirmative action. C. As opportunities for transfer, advancement, or promotion occur, including promotions into and within management, periodic performance reviews and analysis of personnel records will be made to ensure that all employees continue to receive equal consideration. Only valid requirements are imposed for these opportunities. D. Human Resources will provide oversight and assistance with employment actions to ensure compliance with equal opportunity employment practices and requirements. E. Department directors or designees, hiring managers, and employees participating in the selection process who have questions regarding equal treatment should consult with Human Resources prior to making employment decisions. V. Complaint Procedure Any employee or applicant who believes that he or she has not been afforded treatment conforming to the policy of equal employment opportunity may file a complaint through the Human Resources Department, Compliance Line, or the Mayor's office. Any employee who feels he or she has been discriminated against or who perceives another employee is being subject to unlawful discrimination should promptly take the following steps: A. Report the matter to his/her immediate supervisor and department director. If circumstances prohibit this response (e.g., the supervisor is involved in the conduct), report the behavior to the department director, Human Resource Director, Compliance Line, Mayor, or any other member of management with whom the employee feels comfortable. B. Reports may be given orally or in writing, and should include specific details of the discriminating behavior. It is helpful if details of dates, times, places,and witnesses,if any of the discrimination can be provided. C. Recipients of any oral or written complaint shall immediately contact the Human Resources Director, or designee, providing all related information and documentation received from the employee. Confidentiality is of the strictest importance and must be adhered to throughout the reporting process. D. If it is believed that inadequate action is being taken to resolve the complaint, employees may report such inadequacy directly to the Mayor. E. The Human Resources Director or designee shall investigate the complaint in a timely manner. The Human Resources Director in consultation with the City Attorney may choose to use a third-party investigator in certain instances, if appropriate. F. The Human Resources Director or designee shall review the results of the investigation and recommend in consultation with the City Attorney any appropriate disciplinary action, if deemed necessary. The complainant will be advised when the investigation is Revision Date:12/14/202 Page 356 Item#21. complete. VI. Confidentiality All complaints will be investigated promptly. The identity of the employee making the complaint, as well as the identity of the individual accused of discrimination, will be kept as confidential as possible. The matter will be discussed only with those who have a need to know and only in as much detail as is needed throughout the course of the investigation. VII. Statement of Non-Retaliation No one,including but not limited to,the department director or designee,supervisor,or any other employee is to retaliate against an employee who makes an oral or written complaint of discrimination, regardless of the outcome of the investigation process.All incidents of retaliatory conduct experienced or witnessed must be reported orally or in writingto the Human Resources Director, or designee,the Compliance Line, orthe Mayor immediately. Revision Date:12/14/202 Page 357 Item#21. City of Meridian 1 Standard Operating Procedures Number 2.2 Affirmative Action Purpose: To set forth the City's procedures regarding Affirmative Action requirements and the Affirmative Action Plan (AAP)to ensure the City's compliance with all guidelines and regulations as set forth by related federal guidelines. Procedures and Related Information: I. The Human Resources Director or designee will meet periodically with department directors or designees to discuss progress in the City's AAP goals and ways to better meet those goals. In addition, the Human Resources Director or designee will meet with specific department directors and other supervisors as needed to discuss critical areas of identified underutilization or other problems identified within the AAP. II. The AAP shall be updated bi-annually by the Human Resources Director or designee, based on current information relating to City employees, state demographics, and other related information. A copy of the most current AAP shall be found in the Human Resources Department and made available upon request. III. The AAP shall serve as documentation of the City's ongoing commitment to equal opportunity in employment.Affirmative Action and equal employment opportunity affects all employment practices within the City, including (but not limited to) staffing, hiring,transfers, promotions, training, compensation, benefits, and all other privileges and conditions of employment. Revision Date:12/14/202 Page 358 Item#21. C�WF,Nt City of Meridian Standard Operating Procedure Number 2.3 Unlawful Workplace Discrimination, Harassment and Retaliation Purpose: To set forth the City's procedures against unlawful workplace discrimination, harassment,and retaliation. Procedures and Related Information: I. Definitions The following defined terms are applicable in this section: A. Legally protected class means a personal characteristic of an employee that is protected by law.This includes gender or gender identity, race, color, age, religion, national origin, physical or mental disability, or current, past, or future military status, sex, sexual orientation, disability, or any other character protected by law. B. Participation in the workplace includes all aspects of being an employee at the City, including, but not limited to, staffing,job performance, training, development, promotion, demotion,transfer, compensation, benefits, educational assistance, layoff and recall, and termination. II. Workplace Discrimination Workplace Discrimination is when one or more persons in a legally protected class are treated adversely with respect to their participation in the workplace. III. Workplace Harassment Workplace harassment is a type of discrimination. Harassment is unwelcome conduct that is directed to one or more persons in a legally protected class that interferes with their participation in the workplace.The offensive conduct must be so severe or recurring such that it creates a work environment that a reasonable person would consider intimidating, hostile or abusive. Petty slights, annoyance, or isolated incidents (unless extremely serious)will not rise to the level of illegality. IV. Workplace Sexual Harassment Sexual harassment is a specific type of workplace harassment. Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitute sexual harassment when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment Revision Date:12/14/202 Page 359 Item#21. decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile,or offensive working environment. Harassment of a sexual nature can take the form of"quid pro quo" or"hostile environment." Definitions of these forms of harassment are given in the following sub-sections of this policy. Neither form of harassment will be tolerated. A. Quid Pro Quo: An exchange of something for something. When applied to sexual harassment, it means demanding sexual favors in return for employment benefits (e.g., compensation, benefits, special privileges, etc.). B. Hostile Environment:This form of harassment involves behavior motivated by the target's gender that makes the workplace offensive, hostile, or intimidating, or it unreasonably interferes with an individual's work performance. Sexual harassment includes sexually harassing others of the same and/or different gender or gender identity. V. Typical Categories of Sexually Harassing Behavior Sexual harassment directed toward an employee or applicant generally falls into these categories: (Please note that by providing these examples the City is not stating that any single event listed is per se harassment, rather these examples are illustrative of conduct that can be deemed, in some circumstances, harassing). A. Unwanted sexual advances: May include, but are not limited to, unwanted touching, advances, propositions of a sexual nature, or other conduct considered unacceptable by another individual. B. Requests for sexual favors during work or as a condition of employment: May include, but are not limited to, pressures or requests for sexual favor accompanied by an implied or stated promise of reward (e.g., preferential treatment,additional favoritism, compensation, benefits). May also include threatening demands concerning one's employment status for refusing to do so. C. Verbal or physical conduct of a sexual nature, or based upon a person's gender: Sexually oriented comments considered unacceptable such as those regarding an individual's body, dress, or appearance;telling"dirty" or sexist jokes that are considered offensive by others; use of sexually degrading words; or any sexually-oriented comments, innuendoes, or actions that offend others. Unwanted physical conduct considered unacceptable such as touching, massaging, pinching, patting, and hugging. D. Sexually-oriented conduct that unreasonably interferes with work performance:This includes, but is not limited to, extending unwanted sexual attention to someone that Revision Date:12/14/202 Page 360 Item#21. reduces personal productivity or time available to work at assigned tasks,ogling, leering, verbal abuse, and/or sexual flirtations. E. Creating a work environment that is intimidating, hostile,or offensive because of unwanted advances, innuendoes, conversations, suggestions, requests, physical contacts, impeding or blocking movement, or inappropriate materials of a pornographic or sexual nature. VI. Hostile Work Environment A hostile work environment is discrimination or harassment in the workplace in which comments or conduct based on a legally protected class, unreasonably interferes with participation in the workplace.To a reasonable person,the comments or conduct must be so severe or recurring such that it creates an intimidating or offensive work environment. Isolated incidents, petty slights, occasional teasing or impolite behavior are generally not sufficient to create a hostile work environment. VI I. Workplace Retaliation Workplace retaliation is when an employee is punished or negatively treated because the employee engaged in legally protected activity, including initiating a complaint of discrimination or harassment, providing information or assisting in an investigation,or refusing to follow orders that would result in discrimination or harassment. VIII. Employee Responsibility& Reporting A. Any employee, who believes that he or she is subject to discrimination, harassment or retaliation, or observes another employee being subject to discrimination, harassment or retaliation must report the incident(s) immediately or as soon as possible after the incident. B. Employees are required to report any discrimination, harassment or retaliation,whether directed towards themselves or another employee to his/her immediate supervisor, department director, Human Resources Director,the City Attorney,the Mayor or any other member of management with whom the employee feels comfortable. Employees may also use the City of Meridian Compliance and Ethics Line. Employees should follow the complaint process outlined in SOPR 2.1. C. It is recommended that any employee who perceives discrimination, harassment,or retaliation politely, but firmly, confront the offending person. Employees should state how they feel about the other person's actions and request that the person cease from his or her unwanted behavior. If the unwanted behavior continues or if an employee does not feel comfortable confronting the person, he/she must report the matter immediately or as soon as possible. D. It is recommended that complaints be filed in writing for documentation purposes; however, each reported case, whether verbal or in writing, will be considered seriously and investigated thoroughly. A failure by an employee to report cases of discrimination, harassment, or retaliation may indicate a welcome relationship or environment. Revision Date:12/14/202 Page 361 Item#21. IX. Policy Enforcement The City will actively enforce its policy against discrimination, harassment,and retaliation.The policy applies to all conduct on the City's premises by any supervisor, manager, coworker, department director, elected officials, associate,or other member of the public, and to all conduct off the City's premises that affects an employee's work environment. If a violation of the policy has occurred, disciplinary action equal to the scope and severity of the occurrence will be taken against the offending person(s), up to and including termination. X. Complaint Investigation All complaints will be investigated promptly.All investigations will be coordinated by the Human Resources Director or designee in consultation with the City Attorney, if deemed necessary.The Human Resources Director or designee will conduct the investigation or seek the approval of the Mayor to hire an outside agency or person to conduct the investigation, depending on the circumstances of the complaint. Any outside agency or person hired to conduct an investigation must report to the Human Resources Director or designee prior to initiating any investigative action.The Human Resources Director, or designee, shall review the results of the investigation and recommend in consultation with the City Attorney any appropriate disciplinary action, if deemed necessary. The complainant will be advised when the investigation is complete. Human Resources will determine on a need-to-know basis if any other individuals are to be notified regarding the investigation. XI. Confidentiality All complaints will be investigated promptly.The identity of the employee making the complaint, as well as the identity of the individual accused of discrimination, harassment, or retaliation will be kept as confidential as possible, consistent with a thorough and complete investigation. XII. Statement of Non-retaliation Employees may be assured that they will not be penalized in any way for reporting or filing a grievance of any nature. All complaints,which are reported to management, will be investigated promptly. The City prohibits any form of retaliation against any employee for filing a complaint under this policy or for assisting in a complaint and/or investigation. Revision Date:12/14/202 Page 362 Item#21. C�WF,Nt r.� City of Meridian Standard Operating Procedures Number 2.4 American's with Disabilities Act Section 504—Rehabilitation Act of 1974 Purpose: To set forth the City's procedures to comply with the American's with Disabilities Act (ADA) for general employment, and with Section 504 of the Rehabilitation Act of 1974 for Affirmative Action compliance. Procedures and Related Information: I. Eligibility A. The Americans with Disabilities Act (ADA) and the Americans with Disabilities Amendments Act (ADAA) prohibit employers with 15 or more employees from discriminating against individuals with disabilities. II. Reasonable Accommodation A. The City will reasonably accommodate qualified individuals with a disability so that they can perform the essential functions of a job, unless: 1. Doing so causes a direct threat to these individuals or others in the workplace, and the threat cannot be eliminated by reasonable accommodation; or 2.The accommodation creates an undue hardship to the City. B. Employees should contact their supervisor or Human Resources with any questions or requests for accommodation. III. Processing ADA Requests A. All ADA requests for reasonable accommodation received by a supervisor shall be forwarded directly to Human Resources for processing. Revision Date:12/14/202 Page 363 Item#21. City of Meridian 1 Standard Operating Procedure Number 2.5 Immigration Control Act Purpose: To set forth the City's procedures to comply with the Immigration Reform and Control Act of 1986 (I RCA). Procedures and Related Information: I. Applicants must submit a completed Form 1-9 as required by the Immigration Reform and Control Act of 1986 (IRCA). Applicants must provide required forms of identification as listed on the form. 11. All required documentation must be presented to Human Resources on or before the first day of employment, but no later than 3 business days of the date of hire of the employee (the date of hire means the first day of work for pay). 111. Any current employee found not to have completed a Form 1-9 shall be required to do so immediately upon notification by Human Resources. Human Resources shall conduct periodic audits to ensure that all employees have completed the required documentation. IV. Individuals who do not timely submit required 1-9 documentation will not be allowed to work for the City. V. Intentional falsification of 1-9 documentation shall be grounds for immediate termination. VI. Any questions should be directed to Human Resources. Revision Date:12/14/202 Page 364 Item#21. City of Meridian 1 Standard Operating Procedures Number 2.6 Employment References Purpose: To set forth the City's procedures regarding requests for employment references for current and former employees, as well as the City's requests for information on current or potential employees. Procedures and Related Information: I. Obtaining Employment References A. Prior to employment,the Human Resources Director or designee shall obtain appropriate employment references for applicants from former employers or other references as provided within application materials. B. Reference information shall be limited to verification of employment dates and position, unless the applicant has completed and signed a written release of employment information and provided it to the Human Resources Department. C. The City reserves the right to conduct additional reference checks during employment. Additional checks may also take place should suspicion be raised regarding the validity of applicant or employee information. II. Requests for Employment References A. Only the Human Resources Department is authorized to provide or refer employment on current or former employees to department director or designee, outside agencies, employers, or organizations. B. All requests for references must be referred to the Human Resources Director, or designee. No City employee shall provide employment reference information without the express consent of Human Resources. C. Reference information shall be limited to verification of employment dates and position, unless the employee or former employee has completed and signed a written release of employment information and provided it to the Human Resources Department for inclusion in his/her personnel file. D. Employment references for law enforcement personnel requested by other law enforcement agencies will be handled by the Police Chief or designee. Revision Date:12/14/202 Page 365 Item#21. C�WF,Nt City of Meridian Standard Operating Procedures Number 2.7 Staffing, Selection, Promotion,and Transfer Purpose: To set forth the City's procedures on staffing, selection, promotion, and transfer as it applies to City employees and applicants. Procedures and Related Information: I. Staffing and Job Posting Procedures The following procedures shall be followed for each hiring process: A. Departments shall follow their internal departmental procedures when preparing a Staffing Requisition Form. Departments are encouraged to contact Human Resources with any questions related to the staffing process. B. Departments requesting staffing for a position shall submit to Human Resources a completed and approved Staffing Requisition Form. C. Human Resources may post the open position with job-related information including the salary range. Positions may be posted internally through standard channels of communication. External job announcements will be made through forms of communication directed towards attracting the most diversely qualified applicant pool. D. Positions posted at each City location and on the City Intranet will be available for a minimum of five (5) working days for City employees to view. E. Temporary or seasonal positions may not always be posted internally and can be filled by a temporary agency, high school students, university students,technical schools, or other outside agencies. F. All external applicants for employment who are applying for a vacant position must complete and sign a City of Meridian Employment Application or complete and on-line application through the City's Internet site. G. Internal employees must complete an Internal Request for Promotion/Transfer available on the Human Resource's Intranet Page.The City may consider outside applicants simultaneously with those internal applicants. Submitting an Internal Request for Promotion/Transfer does not guarantee an internal employee applicant an interview. Internal employees in the process of completing a Performance Improvement Plan shall not be considered until successful completion of the Performance Improvement Plan. II. Interview Process Revision Date:12/14 Page 366 Item#21. A. Human Resources or department designee will be responsible for setting up the interview, including scheduling the interview, arranging facilities, coordinating interview panel members, and compiling all Human Resources approved interview materials utilized by the City. B. The department for which the position is posted shall utilized Human Resources approved interview questions, assessments,tests, or other materials or processes.Any new or unapproved interview questions and/or materials must be submitted for review and approval by Human Resources prior to their use to ensure compliance with state and federal employment laws. C. Human Resources staff or an authorized department designee (selected by the Department Director and approved by Human Resources), shall take part in each interview to ensure compliance with employment laws. III. Current Employee Applicant Interviews Current employees should meet the essential qualifications of the open position. Department Directors may waive the minimum period of service in the employee's current position to allow an employee applicant interview. Final selection decisions should be based on the same criteria as used for external applicants. IV. Veteran's Preference Points The City shall comply with Idaho Code Title 65, Chapter 5 in regards to Veteran's Preference Points. Questions regarding Veteran's Preference Points may be directed to Human Resources. V. Employment Roster for Sworn Police and Fire Union Members A. The City maintains an employment roster for certain positions in the police department.The employment eligibility roster shall remain in effect until the position for which the roster was determined is filled or until such time as determined by the Police Chief. After the expiration of the eligibility roster, all applicants whose names were originally on the roster will be required to compete through the hiring process in order to have his/her name placed on subsequent hiring rosters. Fire Union employment rosters are kept and maintained in accordance with the current collective labor agreement. B. Applicants on the Police employment eligibility roster must notify the Human Resources Department in writing of any change of address or other changes that would affect his/her availability for future employment.The Police Chief has discretion to select from the top ten eligible applicants on the hiring roster, regardless of the applicant's final score. VI. Selection Process A. The applicant who is best matched for the open position will be selected.This determination will be made through such methods as interview, past performance, if applicable, evaluations, etc. However, if there are two or more equally qualified final candidates and one or more of the candidates has requested and qualifies for Veterans Preference, please contact Human Resources. Revision Date:12/14 Page 367 Item#21. B. Represented employees subject to the collective labor agreement shall be selected in accordance with the contract. C. As an equal opportunity employer, all selections will be made in accordance with federal and state laws and related City policies and procedures. D. Human Resources staff or an authorized department designee (selected by the Department Director and approved by Human Resources), shall take part in the position selection process to ensure compliance with employment laws. E. Selection of seasonal or temporary applicants for employment maybe made at the discretion of the hiring departments in accordance with federal and state laws and related City policies and procedures. Human Resources is available to assist when needed. VII. Notification to Applicants A. Following the selection of an applicant, except for law enforcement positions supervised by the Police Chief, seasonal, and parks temporary employees, only Human Resources shall contact the applicant of choice to make the initial contingent job offer. B. Human Resources shall conduct a reference and/or criminal history check to determine the applicant's eligibility for hire with the City. Should the background and reference checks indicate that the applicant is eligible for employment, Human Resources shall contact the applicant to confirm the position start date and any related information. Should a background come back as questionable, Human Resources may consult with Legal as needed to determine employability. If it is determined by Human Resources that the applicant is not eligible for hire,the Human Resources Director shall notify the applicant and advise the department that the applicant will not be hired. Human Resources will continue to assist the department to fill the position as needed. C. Employment references, background checks, and job offers for law enforcement applicants will be handled through the Police Chief or his/her designee. Once the applicant is selected, documentation is sent to Human Resources for processing. D. After the position is filled, except for sworn law enforcement positions, all questions, comments, or concerns regarding the hiring decision should be directed to Human Resources. E. Supervisors should not directly contact applicants until the offer of employment is made by Human Resources, accepted, and eligible for hire. Human Resources will notify the department when the pre-employment process is complete. VIII. Promotions/Transfers A. Promotions 1. A promotion is defined as a movement by an employee from his/her current position to one that falls within a higher salary range. Revision Date:12/14 Page 368 Item#21. 2. For information regarding the impact of a promotion on an employee's salary, refer to SOP 3.4 (Compensation Policy). B. Transfers Employees may transfer from one job to another by means of promotion, demotion, or lateral movement within the same job grade.Transfers may be voluntary or involuntary as outlined below. 1. Voluntary Transfer: Regular full-time or part-time,temporary, or seasonal employees are eligible to compete for announced City job vacancies, and if successful,transfer to the vacant position. Refer to the Compensation Policy for information regarding salary impact. 2. Involuntary Transfer: Employees may be involuntarily transferred for any number of reasons which may include, but not be limited to: a. Inability to perform the essential job functions of their position, with or without a reasonable accommodation; b. To accommodate a need for intermittent leave under the Family Medical Leave Act (FMLA); c. As a result of departmental or citywide reorganization; d. As a temporary placement while under suspension from their primary job duties; e. To make use of employees' knowledge, skills, or abilities in a manner that best meets the interests of the City. In these occasions, transfers may be made at the City's request to satisfy operational needs; f. Transfer of bargaining unit employees shall be governed by the provisions of the collective labor agreement; g. A transfer may also be offered during periods of job elimination to avoid termination. In this event,the refusal to accept a reasonable transfer at the City's request will be interpreted as a resignation. C. Qualifications Eligibility for promotion/transfer compares minimum relevant qualifications of the new position and the employee's qualifications. 1. Factors that generally relate to the position include: a. The duties and responsibilities of the position; b. Education,training, or special knowledge required; and c. Relevant, similar and related experience. d. Length of previous job history. 2. Factors that relate to the employee include: a. Quality of work, initiative, planning, dependability, and attitude; b. Present and past performance levels; and Revision Date:12/14 Page 369 Item#21. c. Potential for successful performance in the new position. 3. Required Length of Service: A general employee must have a minimum of six(6) months or(1)year of service for Police and Fire in his/her current position before requesting a promotion/transfer unless receiving prior approval from their immediate supervisor in the chain of command, starting with the immediate supervisor up to and including the department director. 4. Employees with less than minimum qualifications of the position may be selected as the applicant of choice with the approval of both the department director and Human Resources. D. Promotions for represented employees shall be governed by the provisions of the collective labor agreement. Refer to the union contract for criteria and qualifications. Revision Date:12/14 Page 370 Item#21. City of Meridian 1 Standard Operating Procedures Number 2.7.1 Criminal Background Checks Purpose: To set forth the City's procedure on conducting criminal background checks. Procedures and Related Information: I. Pre-Employment Criminal Background Checks A. Prior to employment,the Human Resources Director or designee may require an applicant to provide information and fingerprints necessary to obtain criminal history information from the City's designated service provider and the Federal Bureau of Investigation, pursuant to Idaho Code 67-3008 and congressional enactment Public Law 92-544. B. The Human Resources Director or designee may submit a set of fingerprints obtained from the applicant and the required fee to the designated service provider for a check of state and national databases.The submission of fingerprints and information required by this section shall be on forms provided by the designated service provider. C. Initial offers of employment are typically not made until the criminal background check is complete. However, in certain circumstances,the Human Resources Director or designee in consultation with the hiring department director may provide an offer of employment contingent upon the outcome of the criminal background check. D. All offers of employment are contingent offers, subject to the outcome of the criminal background check. If the background uncovers any misrepresentation on the application, transfer form, or information indicating the individual is not suited for employment, the offer will be withdrawn or the employee will be terminated upon review and the approval of the Human Resources Director. II. Post-Employment Criminal Background Checks As necessitated by transfer or promotion, suspicion of false information obtained during the hiring process,the Human Resources Director or designee may conduct a post-employment criminal background check at any time during an individual's employment with the City.Terms and conditions of employment may be modified or adjusted based on the outcome of such checks. III. Should a criminal background check provide information relating to previous convictions of one or more felonies and/or misdemeanors,the Human Resources Director or designee shall review all pertinent information and recommend to the hiring department director whether or not to proceed with the hiring decision. Prior convictions do not automatically disqualify an individual from employment. However, special review and consideration will be made to ensure the safe Revision Date:12/14/202 Page 371 Item#21. and secure working environment of the City, its employees and facilities, and the public.The Human Resources Director may consult with Legal as part of the review process, if appropriate. Revision Date:12/14/202 Page 372 Item#21. City of Meridian Standard Operating Procedures Number 2.8 Introductory Period of Employment Purpose: To set forth the City's procedures regarding employment status and expectations of employees during the Introductory Period of Employment. Procedures and Related Information: I. Every new regular full-time or part-time employee serves an Introductory Period of Employment of six(6) months, or one(1)year for Sworn Police or represented Fire employees.The introductory Period of Employment does not change the at-will employment status of new employees. II. The Introductory Period of Employment is used to determine whether the employee is suited for the position, qualified and capable of performing the work, and can meet the job standards. If at any time during the Introductory Period of Employment it is determined by the employee's supervisor and in consultation with the department director or designee that the employee's performance is not meeting the expectations of the City, the employee may be terminated.The department director or designee shall seek guidance and direction from Human Resources prior to a final decision being made and communicated to the employee. III. After completion of the Introductory Period of Employment, new employees should be given a performance evaluation. If the performance of the employee has been unsatisfactory,the City reserves the right to sever the at-will employment relationship or extend the introductory period one time for up to an additional ninety(90) days.The Introductory Period of Employment may be extended by the department director with approval of the Human Resources Director and with written notice to the employee. IV. Following the Introductory Period of Employment, employees shall be considered "regular employees," unless the employee is represented by the collective labor agreement. Completion of the Introductory Period of Employment is not a guarantee of continued employment with the City nor does it alter the at-will status of the employee. It simply provides a benchmark for employees and supervisors to achieve and assess the employee's long-term viability to perform the necessary functions of the position. Completion of the Introductory Period of Employment does not result in a wage/salary review unless otherwise authorized bythe department director in consultation with Human Resources. V. If an employee is terminated during the Introductory Period of Employment he/she is not entitled to the Termination and Disciplinary Action or Adverse Employment Action Appeal Procedures as defined in Chapter 8 of the Standard Operating Procedures Manual. Revision Date:12/14/2021 page 373 Item#21. City of Meridian 1 1�1 Standard Operating Procedures Number 2.9 Trial Service Period for Promotions or Transfers Purpose: To set forth the City's procedures relating to responsibilities and expectations during the Trial Service Period for newly promoted or transferred employees. Procedures and Related Information: I. An employee selected for promotion or transfer will begin a Trial Service Period of not less than six (6) months to assess the individual's performance.The Trial Service Period does not change the at-will employment status of the employee. If at any time during the Trial Service Period the employee is unable to satisfactorily perform the duties of the new position, the City reserves the right to separate employment or the Trial Service Period may be extended one time up to an additional ninety (90) days to further assess the employee's suitability for the current position. This extension requires approval by the department director and Human Resources Director, with written notice to the employee. At the director's discretion, efforts may be made to place the employee in another position within the City for which the employee is better qualified, if available. II. After completion of the Trial Service Period, the employee shall be given a performance evaluation, which does not require a wage/salary review. III. If the promoted or transferred employee is terminated during the Trial Service Period, the employee is entitled to the Termination and Disciplinary Action or Adverse Action Employment Action Appeal Procedures as defined in Chapter 8 of the City's Standard Operating Procedures manual. Revision Date:12/14/2021 page 374 Item#21. aWER,1 r` Y City of Meridian Standard Operating Procedure Number 2.10 Remote Work Purpose: To set forth the City's procedures regarding remote work as an alternative to an employee's designated work location. Procedures and Related Information: I. Eligible Positions for Remote Work A. Department Directors or designee shall determine which positions are eligible for remote work. II. Hours Worked A. Remote work arrangement shall not exceed 50%of the employee's regular weekly work schedule. B. Employees are expected to adhere to the agreed upon work schedule. III. Eligible Employees for Remote Work A. Remote Work may be available to a full-time or part-time employee working in an eligible position once the employee has successfully completed his/her introductory period of employment or whose last performance review had a minimum overall rating of fully competent unless the employee is currently the subject to an employment investigation or other disciplinary action, including but not limited to being on a performance improvement plan. IV. Pre-Request Remote Work Arrangement Considerations A. Before entering into any remote work arrangement, the employee and supervisor will evaluate the suitability of such an arrangement including but not limited to reviewing the following areas: 1. Remote work equipment needs and availability of equipment. Information Technology shall be consulted to determine equipment availability and if not available, the supervisor shall inform the employee that remote work is not currently an option. Revision Date:12/14/2 Page 375 Item#21. 2. Remote work is not to be used for the purpose of accommodating regular childcare needs of the employee. The focus of the arrangement must remain on meeting business need and operational demands. 3. If an employee is seeking a remote work ADA Accommodation, please contact Human Resources. V. Request to Remote Work A. Employee initiated request for remote work shall be submitted by email to his or her supervisor. B. The supervisor will issue a decision via email. VI. Remote Work Equipment A. The Information Technology department will be consulted regarding any remote equipment needs. B Existing City issued mobile computing device or personal device capable of accessing a City issue device is required. No other city equipment will be issued unless the equipment is planned for as part of the budget process through a computer replacement and/or budget request associated with new position, and based on other needs of the position, not remote work needs. C. The City will not incur any additional costs due to a remote work arrangement, except Virtual Private Network (VPN) software. D. If inaccessibility to the Internet service occurs at the remote location and impacts the employee's ability to perform the functions of the position the employee is required to notify their supervisor and should return to their City assigned work location in a timely manner. If the supervisor is unavailable the employee should return to their City assigned work location to continue working until such time as the Internet service can be restored. The supervisor must approve the employee returning to remote work. E. No checking out equipment from Information Technology. F. Information Technology department will maintain an inventory list for City equipment that is authorized to be used at a remote work location. VII. Evaluation of Remote Employee Performance for Continued Remote Work A. The expectation is that the supervisor and remote worker will communicate at a level consistent with employees working at the office or in a manner and frequency that is appropriate for the job and the individuals involved. Revision Date:12/14/2 Page 376 Item#21. B. The expectation is that a remote worker will fulfill position responsibilities as expected at the regular work location. C. The supervisor shall address concerns related to performance in a timely manner and the remote work arrangement may be terminated if performance expectations are not being met. Vill. Security A. Consistent with the City's expectations of information security for employees working at their regular work location, remote employees will be expected to ensure the protection of proprietary information and customer information. Steps include the use of locked file cabinets and desks, regular password maintenance, locking computers, and any other measures appropriate for the job and the environment. B. Any City's issued assets and/or materials are expected to be secured and not accessible to anyone other than a City employee. IX. Safety A. Employees are expected to maintain their remote workspace in a safe manner,free from safety hazards. Injuries sustained by the employee in a remote location and in conjunction with his or her regular work duties are normally covered by the City's workers' compensation program. Remote employees are responsible for notifying their supervisor of such injuries as soon as practicable as outlined bythe worker's compensation policy.The employee is liable for any injuries sustained by non-work- related family members or visitors to his or her remote workspace. X. Compliance A. All City policies and procedures shall be followed by employees who remote work. B. Failure to comply with the Remote Work Policy and these procedures or any other City policy or procedure may subject an employee to disciplinary action up to an including termination. Revision Date:12/14/2 Page 377 Item#21. XI. Remote Work/Continuity of Operations A. These procedures may be superseded in part or in their entirety during times of emergency declaration by Governor, Health District, or Mayor. B. Special consideration for temporary remote work arrangements may be afforded to employees in essential and non-essential positions, in the event of an emergency declaration by Governor, Health District or Mayor. In the event of such declaration, the Mayor shall approve guidelines specific to the nature of the declaration including but not limited to individual department plans for continuity of operations. C. The Mayor in consultation with the designated individual or entity responsible for emergency management and department directors shall coordinate immediate and necessary unplanned budget expenditures to facilitate employee remote work arrangements to continue operations of essential and non-essential functions without disruption. D. The Mayor or designee may authorize additional City owned equipment to be taken to remote work space that wouldn't normally be allowed by these procedures. (Office supplies, desktop computers, chairs,etc.) E. Employees shall not receive additional compensation, benefits, or reimbursement for extra commuting or remote work space related expenses due to remote working with the exception of possible assistance with Internet service. Revision Date:12/7/202 Page 378 Item#21. City of Meridian 1 Standard Operating Policy Number 3.1 Employee Classification Purpose: To set forth the City's policy regarding the employment classification system, including employment classification under the Fair Labor Standards Act relating to the payment of overtime. Policy: To ensure employment classification policies for purposes of salary, benefits, and overtime are applied consistently, lawfully and in the manner for which they are intended. This policy shall be implemented pursuant to the Employee Classification Standard Operating Procedures. Authority& Responsibility: Human Resources shall administer this policy which may include periodic review of positions to ensure appropriate classification. Revision Date:12/14/202 Page 379 Item#21. City of Meridian 1 Standard Operating Policy Number 3.2 Hours of Work Purpose: To set forth the City's policy regarding hours of work, compressed workweek, flextime, meal periods, and reporting procedures for time worked. Policy: Every employee shall have designated work hours. It is the City's policy to establish time and duration of working hours as required by workload, operational demands, customer service needs, staffing requirements, and any applicable law(s). This policy shall be administered pursuant to the Hours of Work Standard Operating Procedures. Authority& Responsibility: Department directors and supervisors shall be responsible for scheduling employees during appropriate working hours and ensuring that proper records and timecards are kept and submitted to record time worked. Revision Date:12/14/202 Page 380 Item#21. City of Meridian 1 Standard Operating Policy Number 3.3 Payroll Purpose: To set forth the City's policy regarding its pay practices. Policy: Employees are paid on a monthly basis on the last working day of each month. Employees are required to have their paychecks directly deposited into a designated account at a financial institution of their choice. This policy shall be implemented pursuant to the Payroll Standard Operating Procedures. Authority& Responsibility: Human Resources shall ensure that all employee information is accurate and up-to-date regarding rates of pay and automatic deductions. Supervisors are responsible to ensure that employees complete their timecards and submit them to payroll by the cutoff date of each month. Revision Date:12/14/202 Page 381 Item#21. City of Meridian 1 Standard Operating Policy Number 3.4 Compensation Program Purpose: To set forth the City's policy regarding consistent administration of the City's compensation program and movement of an employee from position to position (i.e., promotion,transfer, demotion, etc.). Policy: The City has developed and supports a pay-for-performance compensation program for all non- represented employees.The Compensation Program, it's policy and procedures, provide guidelines related to the administration of the compensation program for department directors and supervisors. Represented Fire employees should refer to the collective labor agreement for information regarding their compensation structure and policies. This policy shall be implemented to pursuant to the Compensation Program Standard Operating Procedures. Authority& Responsibility: Human Resources shall oversee the administration of the compensation program and shall ensure it is adjusted and up-to-date at all times. department directors or their designees, are responsible for managing the implementation of the program according to performance and budgetary guidelines.The Mayor and City Council are responsible for approving the annual compensation budget including appropriate adjustments and performance increases within budgetary constraints and guidelines. Revision Date:12/14/202 Page 382 Item#21. City of Meridian 1 Standard Operating Policy Number 3.4.1 Individual Pay Purpose: To set forth the City's policy regarding individual pay within the range assigned to the employee's position. Policy: Individual pay for non-represented employees shall be based at the time of hire, rehire, promotion, etc. upon individual competency, experience, education, and other compensable factors. This policy shall be implemented pursuant to the Individual Pay Standard Operating Procedures. Authority& Responsibility: Hiring supervisors and department directors, or designees, shall have the responsibility to recommend a starting salary for an employee based on individual competency, experience, and other qualifications. Human Resources shall work closely with departments in establishing a starting salary.The Human Resources Director shall approve all out-of-guideline starting salaries for employees.The Human Resources Director and Chief Financial Officer shall ensure compliance by supervisors to the budgetary guidelines as established annually by the Mayor and City Council. Revision Date:12/14/202 Page 383 Item#21. City of Meridian 1 Standard Operating Policy Number 3.4.2 Compensation Program Updates Purpose: To set forth the City's policy regarding its compensation program and periodically review and update. Policy: The Human Resources Director and Chief Financial Officer shall review the compensation program on an annual basis for effectiveness and budgetary compliance.The program shall be updated as needed to meet internal equity and external competitiveness. A representative Compensation Committee shall be established to ensure the maintenance of internal equity. This policy shall be implemented pursuant to the Compensation Program Updates Standard Operating Procedures. Authority& Responsibility: The Human Resources Director shall review the City's compensation program to ensure effectiveness in meeting the City's compensation objectives.The Chief Financial Officer shall review the administration and implementation of the compensation program to ensure that all related actions hold within predetermined budgetary parameters. Revision Date:12/14/202 Page 384 Item#21. City of Meridian 1 Standard Operating Policy Number 3.4.3 Performance Increases to Salary Purpose: To set forth the City's policy regarding employee salary increases based on performance. Policy: The City has established a pay-for-performance compensation program for all non-represented positions. Each year,the Mayor and City Council may approve percentages for pay increases (if any) available to employees based on the outcome of individual performance appraisals. This policy shall be implemented pursuant to the Performance Increases to Salary Standard Operating Procedures. Authority& Responsibility: Human Resources shall be responsible for interpreting this policy. Supervisors and department directors, or designees, are responsible for ensuring that performance appraisals are given in a timely manner, according to City standards, and in a manner that objectively documents performance. Revision Date:12/14/202 Page 385 Item#21. City of Meridian 1 Standard Operating Policy Number 3.4.4 Adjustment to Wages Purpose: To set forth the City's policy regarding adjustment to individual wages of employees. Policy: The City shall make adjustments to individual wages of employees due to changes effected by leaves of absence, layoffs, promotions, demotions, and other related changes. This policy shall be implemented pursuant to the Adjustment to Wages Standard Operating Procedures. Authority& Responsibility: Human Resources shall be responsible for interpreting this policy. The Human Resources Director shall have the authority to approve all out-of-guideline adjustments to wages. Revision Date:12/14/202 Page 386 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 3.4.5 On-Call/Call Out Duties and Compensation Purpose: To set forth the City's policy regarding employees being on-call and being called out to perform emergency work beyond normal working hours. Policy: Certain City employees may be placed on the on-call duty schedule as directed by the department director or designee. On-call is defined as being reasonably available to respond to City business during hours beyond the employee's normally established workday. This policy shall be implemented pursuant to the On-Call/Call Out Duties and Compensation Standard Operating Procedures. Authority& Responsibility: Department Directors or designees shall be responsible for administering this policy. Revision Date:12/14/202 Page 387 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 3.5 Travel and Expense Reimbursement Purpose: To set forth the City's policy regarding travel and expense reimbursement. Policy: This policy is meant to address employee travel away from the Treasure Valley for City business. The ability to travel for work purposes, including training, is a privilege. Travel may also be part of the employee's job and associated duties.The City shall pay for only official business expenses that are directly related to conducting business for the City of Meridian. It is the responsibility of each employee to ensure that the taxpayers of the City are only being asked to fund reasonable costs and expenses related to this privilege. All travel must be pre-approved and via the most economical means practical. An employee's family member may travel to or with the employee, but all the expense of that family member must be borne by the employee. In order to meet certain federal and state requirements, some departments may need to develop additional internal policies relating to documentation and guidance for record keeping and approval process. Departments may establish more restrictive guidelines to best meet their own unique needs. Violations of this policy may be cause for disciplinary action up to and including termination. This policy shall be implemented pursuant to the Travel and Reimbursement Standard Operating Procedures. Authority and Responsibility: Directors or designees are responsible for administering this policy It shall be the responsibility of the Directors of this City to ensure that all expenditures under this policy are appropriate and consistent with fiscal responsibility. Directors,or designees who are authorized to approve expenditures shall also ensure that the City policies are being followed consistently. The Finance Department has the responsibility to track all funds for the City and assure compliance with all City, State, or Federal regulations regarding the tracking and accounting of such expenditures. Revision Date:12/14/202 Page 388 Item#21. City of Meridian 1 Standard Operating Policy Number 3.6 Overtime Compensation Purpose: To set forth the City's policy identifying eligibility for overtime compensation and the accumulation and payment of overtime. Policy: The City shall provide overtime compensation in accordance with the Fair Labor Standards Act. This policy shall be implemented pursuant to the Overtime Compensation Standard Operating Procedures. Authority& Responsibility: Human Resources shall be responsible for interpreting this policy. Supervisors and department directors or designees are responsible for ensuring that proper tracking of hours worked is made for all employees for whom they are responsible. Revision Date:12/14/202 Page 389 Item#21. City of Meridian 1 Standard Operating Procedures Number 3.1 Employee Classification Purpose: To set forth the City's employment classification system, including employment classification under the Fair Labor Standards Act relating to the payment of overtime. Procedures and Related Information: I. Employment Categories Employment categories are based on the staffing requirements of the City.They are used to provide flexibility in meeting long-term and short-term staffing requirements,for temporary or seasonal programs,to cover peak work periods or employee absences, or other situations determined by City management officials. Below are identified the various employee types commonly used within City employment. A. Regular Full-Time Employee—A regular full-time employee is one who regularly works a minimum of forty(40) hours or more per week, or per week for represented Fire employees, as defined by the current Collective Labor Agreement. Regular full-time employees are eligible to participate in the City's benefit program, including health insurance coverage, life insurance, retirement,401K, leave benefits, etc. All benefit programs are subject to change and are not guaranteed. B. Part-Time Employee—An employee who is regularly scheduled to work less than forty (40), up to at least nineteen (19), hours per week. Part-time employees who consistently work twenty(20) or more hours a week are entitled to participate in the City's retirement program. All benefit programs are subject to change and are not guaranteed. C. Temporary or Seasonal Employee—An employee hired to work either part-time or full- time and who works in a position of seasonal, intermittent, sporadic, or short-term employment that may fall into some of the following assignments: 1. Seasonal park or wastewater maintenance workers; 2. Recreational program staff; 3. Student interns and special work program participants; 4. Employees hired for on-call purposes whose work schedules are irregular and sporadic; and Revision Date:12/14/202 Page 390 Item#21. 5. Employees hired to complete a special project,to fill in during employee absences or peak workload periods, etc. Temporary or seasonal employees are not eligible for City benefits. As with all City employees,temporary employees also are considered at-will, and are not guaranteed employment through the season or task for which they have been hired. D. Other Employment Classifications 1. Appointed Official—An employee in a position or office, which is filled through appointment by the Mayor and City Council. 2. Department Director—An appointed official who has direct supervision and responsibility for personnel, records, funds, maintenance, and service to be performed by a City department. 3. Elected Official—An individual voted in by the citizens of Meridian. 4. Union Employee—An employee covered under a collective labor agreement between the City and a recognized bargaining unit.This is limited to the labor agreement with represented Fire employees. E. Independent Contractors—Independent contractors are not employees of the City of Meridian and are not eligible for any benefits offered through the City. II. Exempt and Non-Exempt Employees The City will adhere to all provisions and regulations of the Fair Labor Standards Act (FLSA) as it applies to City employees. Under FLSA, certain positions are classified as either exempt (not eligible for overtime compensation), or non-exempt (eligible for overtime compensation). Employees with questions regarding exemption status may contact the Human Resources Department. Revision Date:12/14/202 Page 391 Item#21. City of Meridian 1 Standard Operating Procedures Number 3.2 Hours of Work Purpose: To set forth the City's procedures regarding hours of work, compressed workweek, flextime, meal periods, and reporting procedures for time worked. Procedures and Related Information: I. Work Period A. Regular business hours are normally 8:00 a.m.to 5:00 p.m. Monday through Friday, unless otherwise authorized by the Mayor and Council. However, some departments within the City have different work periods and work hours. B. A "work day" is defined as the hours of work performed within a period of(24) consecutive hours on any assigned shift, whether such shift is continuous or split. C. Non-exempt employees are responsible for monitoring the accuracy of his/her timecard for the hours worked in each work period. For overtime approval, refer to SOP 3.6 (Overtime Compensation). D. Represented fire employees are subject to the special exception as provided under 207K of the Fair Labor Standards Act. Represented Fire employees should refer to the collective labor agreement for information regarding assigned work periods. II. Compressed Work Week and Flextime A. A compressed workweek is one in which an employee works the same number of hours as normal, but in fewer than the customary number of days per week. B. Flextime is a work schedule with time of arrival and departure that differs from the regular business hours. It allows employees the opportunity to work a designated schedule within the limits established by the City. C. Compressed workweek or flextime schedules may be granted in situations where the job and business-related needs can continue to be met even under a compressed or flextime schedule, as long as this does not impact the employee's productivity or adversely affect the efficient operation of the City. 1. The compressed workweek may be one of the following: Revision Date:12/14/202 Page 392 Item#21. a. 4/10—Employees work 10 hours for 4 days per week within a 7-day period. Due to operational demands starting and ending dates will be assigned by the department director or designee. b. 9/9—Employees work 9 hours for 9 days with the 10' day off.Also referred to as a 9/80—Employees work 80 hours over nine days instead of 10 days with alternate three—day weekends. Only exempt employees qualify for this schedule. c. Exempt employees will continue to receive the same salary from week to week regardless of the schedule worked. Exempt employees must perform his/her job functions regardless of regular business hours or any compressed or flextime schedule. d. Work hours for flextime may start at 7:00 AM through 9:00 AM with an ending time of 4:00 PM through 6:00 PM. 2. The supervisor and employee are responsible for ensuring the following conditions are met: a. The change in hours does not adversely affect the City, departmental assignment/projects, customer relations, or other work units. b. There is adequate supervision and back-up staffing to maintain service to the public and customers. c. The position is appropriate for a compressed or flextime work schedule. d. Clear goals and objectives are determined in advance by the supervisor and employee. e. The employee observes the City's policies on attendance and the employee has maintained a good work record prior to making his/her request for a compressed or flextime work schedule. f. Non-Exempt employees may be asked to work overtime regardless of a compressed or flextime work schedule. g. The employee and his/her supervisor and department director must sign a compressed or flextime workweek authorization form. D. The department director or designee will approve or deny the compressed or flextime workweek based on staffing needs,the employee's job duties,the employee's work record, and the employee's ability to temporarily or permanently return to a standard work schedule when needed. An employee may not change or revise any workweek schedule without prior management approval. Revision Date:12/14/202 Page 393 Item#21. E. The supervisor and department director are responsible for evaluating workflow, coordinating work activities, and designating the workweek. F. The City reserves the right to suspend, cancel, or amend these procedures at any time due to business needs, lack of production on the part of the employee, or violation of any of the terms of these procedures.The City also reserves the right to cancel or suspend the use of such schedule by any employee who experiences performance problems deemed to be related to the new schedule.Such circumstances will be evaluated on a case-by-case basis. G. For holiday,vacation, and sick pay, refer to HR SOP 4.1 section III and V,4.2, and 4.3. III. Meal Periods and Breaks A. The normal workday consists of eight (8), nine (9), or ten (10) consecutive hours of work (or twenty-four(24) hour shifts for represented Fire employees) with an unpaid meal period for non-uniformed employees. Operational demands and/or the ability to maintain appropriate staffing levels may require some departments to adjust their meal periods accordingly. B. Represented Fire employees should consult with the collective labor agreement regarding breaks and meal periods. IV. Make-Up Time (Non-Union Personnel) A. Employees may be required to work after normal work hours, or the employee may work less than eight (8), nine (9), or ten (10) hours per day depending on the regular work schedule. When possible,the employee and his/her immediate supervisor will arrange the employee's schedule to assure assigned hours of work fall within the forty (40) hour workweek. Any exceptions to this procedure must have prior written approval from the employee's supervisor and the department director or designee. B. Circumstances may also arise where an employee needs to work fewer hours than his/her regularly scheduled work period. Department directors or designees, at their discretion, may allow non-exempt employees to make up lost work time during a given work week as long as the "make-up time" is completed within the same workweek. However, make-up time will not be granted if the lost work time is a result of conditions the employee could control; if there is no work for the employee to perform; or if adequate supervision is not available. V. Reporting and Verifying Time Records A. It is the responsibility of each employee to properly record time that he/she has worked during a payroll period and supervisors are responsible for reviewing the completed timecards for accuracy. Falsification of timecards and/or altering work hour records is a serious offense subject to disciplinary action, up to and including termination. Revision Date:12/14/202 Page 394 Item#21. B. Employees shall record the total hours worked for each workday. Non-work time (holidays, sick,vacation leave, military leave, bereavement leave, civil leave, and admin leave without pay) shall also be recorded on the timecard.Authorized overtime shall be recorded. C. Each timecard shall bear the signature of the employee with a statement verifying its accuracy and a counter signature by a supervisor indicating that the hours claimed were actually worked. D. Executive, administrative, and professional employees, exempt under the FLSA, are required to complete a timecard for administrative purposes to report non-work time of equal to or greater than one (1) work day, such as sick leave,vacation leave, bereavement leave, etc. Revision Date:12/14/202 Page 395 Item#21. City of Meridian 1 Standard Operating Procedures Number 3.3 Payroll Purpose: To set forth the City's procedures for pay practices regarding employee paychecks. Procedures and Related Information: I. Employees are paid monthly.The pay period ends the 201"day of each month and paychecks are issued by payroll on the last working day of each month. Paychecks are electronically deposited to an employee's designated account at a financial institution of their choice. Represented Fire employees are paid in accordance with the collective labor agreement. II. Mandatory withholding from an employee's wages is required by law and includes federal and state withholding taxes, social security tax (FICA) and Medicare, and PERSI retirement contributions. Other deductions may include court-mandated withholdings. III. Automatic Deductions In order for the employee's share of insurance premiums to be deducted, or for the automatic deposit of an employee's paycheck to be transferred to a financial institution, the employee must provide written authorization to the City. Revision Date:12/14/202 Page 396 Item#21. City of Meridian 1 Standard Operating Procedures Number 3.4 Compensation Program Purpose: To set forth the City's procedures for consistent administration of the City's compensation program and movement of an employee from position to position (i.e., promotion,transfer, demotion, etc.). Procedures and Related Information: I. The City has developed and continues to maintain a comprehensive pay-for-performance compensation program, which provides for the establishment of set ranges for all positions within the City's structure. Employees can reasonably expect to advance through his/her pay range that is assigned to his/her position by effectively meeting performance expectations of assigned duties. II. The City shall comply with all State and Federal laws regarding the compensation of employees for work performed. III. The City is committed to the philosophy of rewarding employees for their performance, and has designed a compensation program to meet this objective. Employees may incrementally advance through their assigned salary ranges on an annual basis in accordance with their performance rating. IV. Definitions The following terminology may be used in describing actions or steps taken as a normal part of this program. A. In-guideline-These include all approvals that are within the guidelines as set forth by the compensation program. In guideline adjustments require all levels of management signature in the chain of command (Starting with the Supervisor) up to and including the department director. B. Promotion -A reassignment of an employee to a position in a higher salary range or grade classification level than the employee's prior position.A promotion does not automatically justify or guarantee an increase to the individual's actual pay. C. Demotion-A reassignment to a position of lower salary or grade classification level than the employee's prior position.This does not automatically impact the employee's actual wages paid. D. Transfer- A lateral move to a different job within the same grade. Such adjustments may or may not impact actual wages paid. Revision Date:12/14/202 Page 397 Item#21. E. Written Warning-An action taken when an employee's behavior is inconsistent with the City's statement of conduct and has received a written notice describing such conduct. F. Short-Term Reassignment(less than three (3) calendar months)- is not considered as a promotion, transfer, or demotion. G. Pay Review—A review that is conducted when a wage or salary adjustment is being considered due to internal or external comparison factors. H. Performance Review—A review that considers various factors of the employee's fulfillment of his/her job duties. Moving to another shift is not considered a promotion/transfer unless meeting the above criteria. V. Pay Program The following describes the pay program for all City employees excluding represented Fire and sworn Police employees. A. The City has developed a comprehensive classification and compensation program that aligns positions within the organization based on internal evaluation and external comparisons (e.g., market surveys).The City is committed to internal equity and external competitiveness in its pay program, and regularly updates and reviews its program accordingly to maintain these objectives. B. Positions are assigned a salary range according to job type and levels of responsibility and other factors as provided by the job evaluation process. Ranges are established for each position,which identify the salary range minimum and maximum. C. Movement within the salary ranges is dependent upon performance of job duties.To the extent possible acceptable performance will be rewarded by an upward movement within the salary range, while outstanding performance is rewarded by more generous upward movements.An overall unacceptable annual performance review will not be rewarded. Because movement within the assigned salary range is dependent upon performance, employees should not presume there to be a guarantee of an increase, nor should they expect to reach the maximum point of the assigned salary range without acceptable performance. D. The Mayor and City Council will determine pay increases as budgets are set and tax levies are authorized. Pay given for any position within the City is subject to the annual budgetary process and as such may be subject to increase or decrease from fiscal budget year to year.The Human Resources Director in consultation with the Compensation Committee and/or department directors may make suggestions about salary compensation and other pay system concerns, but the final decision regarding Revision Date:12/14/202 Page 398 Item#21. compensation levels rest with the Mayor and City Council.The Mayor and City Council reserve the right to make budget adjustments, and consequently salary adjustments, during the course of the fiscal budget year to deal with other circumstances,which necessitate changes in entity expenditures. E. Salary adjustments for market purposes, re-classification of a position with a corresponding salary increase, promotions, or transfers may be considered in regards to an employee merit increase, but do not prohibit the employee from receiving one. F. The performance increase amounts may be adjusted on an annual basis. Contact Human Resources for the most current Salary Plan Administrative Guidelines. VI. Represented Fire Employees Provisions of the collective labor agreement shall govern the pay program for Fire employees who are represented by the bargaining unit. Refer to the collective labor agreement for pay structure. VI I. Police Officers A. Sworn police officers, excluding the Chief of Police are on a separate salary step program that is independent of the non-Police salary program. (Contact Human Resources for the most current schedule.) B. Movement on the Salary Step Plan shall be determined by reference to the police officer's original date of employment. At the designated anniversary date of employment (e.g. 1 yr, 2 yrs, etc), if the police officer has received an evaluation rating of at least "Fully-Competent"for the current year, he/she is eligible for an upward movement in step within his/her assigned range, unless they are at the max of their step range. C. If an officer receives less than a "Fully-Competent" performance rating, he/she shall remain on the same compensation step regardless of continuous time in service, unless and until that officer receives an evaluation of"Fully-Competent" or better. In addition, he/she shall also be placed on a performance improvement plan requiring immediate improvement in performance. VIII. Employees Who Exceed the Maximum of Their Assigned Range A. Employees who exceed the maximum of their assigned range shall continue to receive increases as if they were within the range for one (1) year. If after one (1)year the employee is above the range maximum, he/she will be only eligible for a merit amount that will not be added to the employee's base wage until recaptured in the range. Revision Date:12/14/202 Page 399 Item#21. City of Meridian 1 Standard Operating Procedures Number 3.4.1 Individual Pay Purpose: To set forth the City's practices regarding individual pay within the range assigned to the employee's position. Procedures and Related Information: I. New Hires A. New hires will typically start at the minimum of the salary range for the position, unless they have considerable background, knowledge, education, etc. B. Supervisors and department directors will typically offer a starting wage at or below mid-point based on qualifications. C. Department Directors must obtain "out-of-guideline" approval before an offer of employment is made by Human Resources for candidates who have considerable background, knowledge, education, etc., which may merit entering at a higher salary. D. Newly hired sworn certified police officers meeting certain criteria, may be placed on the salary schedule after the completion of his/her introductory period, is said officer has been employed as a sworn certified police officer for at least four(4)years of continuous service in a paid, full time position in a police department. For any new hires satisfying the above criteria, said officer may receive from one(1)to four(4)years of credit for his/her previous service.Those applicants with four-ten (4-10) years prior service shall be eligible to receive a maximum of no more than four(4)years' service at the police officer level. II. Re-hires A. Terminated employees who are rehired will be considered "new hires." B. Employees returning from an approved leave of absence are not considered as "rehires." III. Differentials The following outlines the procedures for individuals with special responsibilities. A. Any patrol officer, detective, or sergeant who is also a canine officer currently using, training, and caring for a trained police canine used by the Police Department, shall receive an additional forty-five minutes each day(seven days a week) of straight time. Revision Date:12/14/202 Page 400 Item#21. This time will not be used in calculating overtime wages, and will be paid at an agreed upon rate prior to the start of his/her duties. Revision Date:12/14/202 Page 401 Item#21. City of Meridian 1 Standard Operating Procedures Number 3.4.2 Compensation Program Updates Purpose: To outline the procedures by which the City's compensation program shall be periodically reviewed and updated. Procedures and Related Information: I. The Human Resources Director and Chief Financial Officer will review the salary ranges by grade and classification on an annual basis to determine effectiveness of program administration, appropriateness of salaries, and compliance with budgetary parameters. Outside vendors may be hired to perform market salary studies and analysis. II. Compensation Committee A. The Mayor will designate a Compensation Committee comprised of representative members of the City's management group. B. The committee will meet on at least an annual basis to review salary grades, and positions re-evaluated and slotted by an independent consultant. III. Annual updates will be presented to Mayor and Council for consideration and approval during the annual budget process. Revision Date:12/14/202 Page 402 Item#21. City of Meridian 1 Standard Operating Procedures Number 3.4.3 Performance Increases to Salary Purpose: To set forth the City's procedures regarding employee salary increases based on performance. Procedures and Related Information: I. Philosophy Increases are "earned" by the employee not "given" by management. Increases are not guaranteed, but may be available by merit, if approved by Mayor and Council. Merit considers and measures job performance against job standards or established goals and objectives.Attitude can also be considered if it affects the job performance of the employee or other employee(s). II. Performance Review Schedule A. Unless otherwise specified, performance review schedules shall be as follows: 1. Current Employees:Annual reviews will be given near October VY of each year unless experiencing a date altering event as prescribed by policy. Upon completion of the review, current employees may be eligible for a merit increase based on performance. 2. New Hires: Will be given a performance review at six (6) months, and again at twelve (12) months effective on their employment start date and on the employee's anniversary thereafter unless experiencing a date-altering event as prescribed by policy. New hires may be eligible for a merit increase on his/her one-year anniversary date based on job performance. 3. Re-Hires: Employees who have terminated their City employment will have their performance review date based upon when they are rehired. 4. Sworn Police Officers: With the exception of the Police Chief, sworn officers in the police department will receive a performance review after one (1)year of service on his/her anniversary date in accordance with the step plan. 5. Represented Fire Employees: Represented employees in the fire department will receive a performance review after one (1)year of service; Thereafter near October Revision Date:12/14/202 Page 403 Item#21. 111 of each year. Pay increases are separate and are determined by the collective labor agreement. 6. Employees on Documented Written Warning or Performance Improvement Plan:At the supervisor discretion, employees who have received a documented disciplinary or performance improvement plan may not be eligible for pay increase until after the warning has expired. If an increase is granted after the warning period has expired,the date of the merit increase will correspond with the expiration of the written warning or performance improvement plan, not the anniversary date. The next performance review will be based on the employee's normal anniversary date. B. Interim Increase Dates(Changes in Anniversary Date) 1. Each time an increase or decrease occurs,the date of this adjustment will be used to determine the next performance review. For example, if an employee receives an increase or promotion on March 15, his/her next performance review is due twelve (12) months after the wage increase. However, if an employee changes positons, but does not change his/her salary grade,the anniversary date does not change. 2. Supervisors may delay or request early increases on an exception basis. Such a review will be approved through "out-of-guideline" approval channels.The exception to this is a pay review that is delayed because the employee is on a documented disciplinary warning or performance improvement plan for which he/she has signed an acknowledgment of receipt. III. Performance Increase Procedures A. Performance Reviews Completed:The supervisor, manager, or department director, or designee will complete a performance review form on each employee whose review is due, and discuss with the employee. A Personal Action Request form is to be completed with the current salary/wage. B. Approvals 1. If the recommendation is "in-guidelines", the immediate supervisor forwards the Personnel Action Request form and related Performance Evaluation(s)to the next level of management for approval. All Personal Acton Request must be approved by the department director or designee. 2. After the department director or designees has approved these documents,the Performance Evaluation and Personnel Action Request form is sent to the Human Resources Department for review, approval and processing. 3. If the recommendation is "out-of-guidelines",the Personnel Action Request form and related Performance Evaluation(s) are sent to all levels of management and up to and including the Human Resources Director and Mayor for approval. Revision Date:12/14/202 Page 404 Item#21. 4. Once approved and processed by the Human Resources Department the information will be forwarded to Payroll for processing. C. Sending of Forms back to the Supervisor:The approved Personnel Action Request form(s)will be sent back to the supervisor. D. Meeting with the Employee:The supervisor gives the employee a copy of the Performance Evaluation. No discussion of the increase should be held with the employee prior to receipt of fully approved documents. E. Responsibility for Review Outcome:The immediate supervisor should take responsibility for the proper rating on the Performance Review Form. The amount of the increase will be calculated by Human Resources. In no case shall a supervisor lead an employee to believe they tried for a larger increase, but could not get it approved by "upper management." Revision Date:12/14/202 Page 405 Item#21. City of Meridian 1 Standard Operating Procedures Number 3.4.4 Adjustment to Wages Purpose: To set forth the City's procedures regarding adjustment to individual wages due to changes in the terms and/or conditions of employment resulting from leave of absence, layoffs, promotions, demotions, and other related changes. Procedures and Related Information: I. Employees on Leave of Absence (LOA) or Layoff(LO) A. Review Date: If the employee has been on LOA or LO for less than one-half(1/2) of the total days for the performance review period,the employee's review date will remain the same as though he/she has not been on leave. Increases for employees on LOA or LOI are prorated based upon time service. If the employee has been on LOA or LO for more than one-half(1/2) of the total days for the review period, the review will be forfeited. B. Pro-ration of Increase: When increases are given,job performance is, among other factors, a major consideration. If the employee has been on active status for less than the annual performance review period of twelve (12) months, an increase will be calculated from a proportion of actual months of active status worked compared to total number of months in the review period. Example: An employee is on active status for six(6) months during his/her review period. He/she is reviewed on October 1.This individual would receive six-twelfths (6/12) or 50%of his/her regularly scheduled amount. 11. Returning from LOA/LO or Transferring to a Position in a Lower Grade A. Employees returning or transferring to a position in a lower salary/wage grade will assume the new salary/wage range. Factors considered in determining the employee's salary/wage in the new range include; speed, accuracy, attitude, length of service in the job class prior to the leave of absence or layoff,the salary/wage grade range of the new position, grade range penetration of the employee relative to experience level, etc. B. Minimum to Mid-Point: Generally, employees will be placed between the entry and mid-point of the range for the position in which they are being placed. C. Under the Minimum and Over the Mid-Point of the Range: Employees rate can be placed in these locations through "out-of-guideline" approval(s). Revision Date:12/14/202 Page 406 Item#21. III. Promotion Wage/Salary Adjustment A. All increases, except for sworn police officers and represented Fire employees will be based on merit. Depending on the performance of the employee and the location of the promoted individual's current wage/salary,the following schedule will be used as it relates to the lowest range for the grade. Location of Current Wage Compared to Below Entry Entry to Market Over Market Rate New Range Rate %based on Movement of performance, but Salary in New To Minimum U% not to exceed Range Market Rate 1. Below the Entry of the New Range: Promoted employees will be taken to the minimum of their new range. 2. Current Wage/Salary Between Entry and Market Rate: The percentage is based on performance, but not to exceed Market Rate. 3. Current Wage/Salary Above the Market Rate:Typically,there are no increases for individuals in this section of the range.The advantage for the employee is he/she will assume a range with a greater maximum than in his/her previous grade. Any exceptions will be processed through the "out-of-guideline" approval channels. B. Review Schedule for Promotional Increases: When an employee receives an increase in conjunction with a promotion, the date of the promotion becomes the anniversary date for the purposes of establishing the next performance review date. C. Sworn police officers, excluding the Chief of Police ain(s) are on a separate step planes Contact Human Resources for the schedule. D. The provisions of the collective labor agreement shall govern promotions for represented employees in the fire department. Refer to the collective labor agreement for promotional policy. IV. Demotions A. Employees being placed in positions with a grade lesser than the one from which they originated will have wage/salary determined through "out-of-guideline" approval channels. Employees being demoted will normally receive a decrease in wage/salary if their rate of pay is above the mid-point of the salary range. Demoted employees with a wage/salary below the mid-point rate of the new range will be frozen for at least one (1) year. Revision Date:12/14/202 Page 407 Item#21. B. The provisions of the collective labor agreement shall govern demotions for represented employees in the fire department. Refer to the collective labor agreement for policy. V. Transfers to a Position in the Same Grade A. Employees affected by this situation must have their wage/salary adjustment and transfer approved before completion of the move.Typically the individual will remain at the same rate of pay. B. The provisions of the collective labor agreement shall govern transfers for represented employees in the fire department. Refer to the collective labor agreement under promotions for policy. VI. Adjustment of Review Dates for Transferred Employees A. If adjustment to the employee wage/salary rate occurs, the next performance review will be twelve (12) months from the transfer date. For lateral transfers, when no increase is given, the employee's regular scheduled review date will remain the same. B. Sworn police officers, excluding the Chief of Police, are on a separate&tep program. Movement on the salary schedule will be determined by the police officers original date of employment. Revision Date:12/14/202 Page 408 Item#21. C�WF,Nt City of Meridian Standard Operating Procedures Number 3.4.5 On-Call/Call Out Duties and Compensation Purpose: To set forth the City's procedures regarding employees being on-call and being called out to perform emergency work beyond normal working hours. Procedures and Related Information: I. On-Call Period A. On-call hours are defined as those beyond the employee's normal work schedule, including City recognized Holidays. B. An on-call employee forfeits their on-call duty if he/she calls in sick or goes home sick. The supervisors shall be notified and may arrange alternate coverage. An employee may retain their on-call duty if the employee uses sick leave to attend an appointment during work hours and will be available for on-call duty at the end of their normal workday. If an employee simply has an appointment but is not ill they may keep their on-call duty but are required to call the office before 5:00 PM or as designated by the employee's supervisor to be updated on pertinent information. C. An employee forfeits their on-call duty if he/she is scheduled for vacation. If an employee requests vacation time when they have been scheduled for on-call, they are responsible for finding an on-call replacement, which must be approved by their supervisor. D. Employee must respond to the call within the specified period of time designated by their respective departments. E. Failure to respond to request for assistance or to respond within the time specified may be subject to disciplinary action up to and including termination.This applies to both on- call assignments and call out response. II. Departments A. Fire 1. Represented Fire employees are subject to the collective labor agreement for these procedures. Revision Date:12/14/202 Page 409 Item#21. B. Parks 1. Any employee on-call must respond within one (1) hour of the request for assistance. 2. On-call duty is mandatory for Parks Maintenance personnel unless the Parks Superintendent or Parks Director expressly approves an exclusion. C. Police 1. Any employee on-call must respond within thirty (30) minutes of the request for assistance. D. Public Works—Wastewater 1. Currently only as designated by the Superintendent of the Wastewater Treatment Plant. 2. The maximum response time for an emergency call out shall be one (1) hour. E. Public Works—Water 1. All on-call employees must have a minimum of a current Class 1 Water Distribution License issued by the State of Idaho. 2. The maximum response time for an emergency call out shall be one (1) hour. 3. On-call duty is mandatory for licensed operators unless the Superintendent expressly approves an exclusion. 4. A supervisor must approve trading on-call duties before the end of the work period. III. Compensation A. On-Call "On-Call" is a mandatory job requirement for certain positions.Although it is a condition of employment,the City of Meridian does recognize that being on-call may have some limited restrictions upon an employee's off work time and opportunities. Because of this the City is willing to compensate the employee accordingly at the defined rate of: Regularly Scheduled Workday—1 Hour per Day; Regularly Scheduled Day Off—2 Hours per Day; Holidays—4 Hours per City-Recognized Holiday. (Example: Standard 40 hour work week/M-F/8-5=9 hours of extra pay) Revision Date:12/14/202 Page 410 Item#21. All "on-call"time will be compensated as "extra hours" on the employee's time sheet. The time will not count as hours worked for Fair Labor Standards Act(FLSA) purposes and cannot be paid or counted towards pay at an overtime rate.The employee will be paid their straight time for the specified amount. Weekends refer to the employee's scheduled days off as long as the days fall within the same work week. Most "on-call" schedules will be consistent with the employee's regularly scheduled work week, but may be altered at the discretion of the supervisor of department director. Answering calls received while receiving standby pay are considered to be part of the employee's on-call duties. Employees are not compensated additionally for time spent on these calls, unless such time exceeds the standby pay duration. If time spent on calls exceeds the standby pay(example: more than 1 hour on the phone),the employee will be compensated for the additional time spent on the calls. B. Call Out "Call out" is also a mandatory job requirement for certain positions. If an employee is called to return to work it is only at the discretion of the supervisor, not the employee, to excuse the employee from returning to work. Although it is a condition of employment, the City of Meridian does recognize that being called out may have some limited restrictions upon an employee's off work time and opportunities. Because of this the City is willing to compensate the employee accordingly at the defined rate of: Minimum of one (1) hour straight time; Remaining time to be added to the employee's standard work week.The on-call employee will be compensated at their actual hourly rate until the completion of the event giving rise to the call out. Compensation for call outs begins when the employee leaves their location to respond and ends when the need for the call out ends and the employee returns to their original location or has the ability to return if the employee chooses to go elsewhere. C. Other Paid leave (sick or vacation) and holidays do not count toward the forty(40) hours work week in accordance with the FLSA. Revision Date:12/14/202 Page 411 Item#21. C�WF,Nt r.� City of Meridian Standard Operating Procedure Number 3.5 Travel and Expense Reimbursement Purpose: To set forth the City's procedures regarding employee travel and expense reimbursement Procedures and Related Information: I. ACCOUNTABLE PLAN—IRS requires an "Accountable Plan" (IRS Pub#463)to determine if reimbursement would be reported as taxable income or not.To be an accountable plan,the employee's expenses must meet all three of the following rules: A. The expenses must have a City business connection. B. All expenses must be adequately accounted to the employer for these expenses within a reasonable period of time. C. All excess reimbursement or allowance must be remitted to the employer within a reasonable period of time. 1. City requires all expenses must be accounted for on an expense report with itemized receipts within 10 business days from the return date of the travel. If the expense report and applicable receipts are not submitted to the Finance Department within 60 days of the return date of the travel,the expenses will be reported as income on the employee' s W2 form and the applicable taxes will be deducted from the employee' s next paycheck. 2. Any excess amount, personal expense, non-allowed expense, or advance that the employee owes to the City must be remitted within a reasonable period.The City expects payment within 30 days and, if Finance has not received payment within 120 days of the return from travel,this will be considered a violation of the travel policy. The expense will become taxable income to the employee and the violation will be reported to HR for disciplinary action. II. TRIP DELAYS—Trip delays that are not of the employee' s choosing shall be reimbursable for any necessary expenses incurred as well as additional per diem. III. TRIP CANCELLATION—If the trip is canceled prior to departure,the employee has three (3) business days to return the entire per diem amount to the City.The employee or the Department Travel Coordinator shall be responsible to cancel all the arrangements made for the travel and attempt to limit the City's costs for this change. TRAVEL PAID BY VENDORS OR POTENTIAL VENDORS OF THE CITY Any Revision Date:12/14/202 Page 412 Item#21. travel that is paid by a non-governmental agency must be approved by the Legal Department prior to making any travel arrangements. IV. TRAVEL AUTHORIZATION FORM: The Department Director is responsible for ensuring that the travel is the most cost- effective travel alternative.These procedures recommend that each Department designate a Department Travel Coordinator so someone other than the traveling employee is booking travel arrangements.The Travel Authorization form can be found on the intranet under Finance, Forms and Policies.This form provides an estimate of the total cost of the travel and documents the employee had the necessary approval prior to travel.The form shall be submitted in advance of the trip (if possible) and must be approved by the Department Director or designee, and if necessary,the Mayor.The Travel Authorization Form shall be completed by the Department Travel Coordinator and provided to the Finance Department prior to overnight travel outside the Treasure Valley. A.This authorization form must include all elements of the travel including but not limited to;transportation, lodging, per diem and conference fee, if applicable, and the reason or justification for traveling. B.The traveling employee will request authorization from the Department Director before travel arrangements and/or conference and training fees are paid. C. Once the travel is approved the Department Travel Coordinator can make the necessary travel arrangements, such as flight, hotel, etc. D.After travel is booked, the approved Authorization form shall be sent to Accounts Payable in Finance. E.The per diem check will be calculated based on the Travel Authorization Form. The traveling employee is responsible for contacting accounts payable to arrange per diem check pick-up.To pick up the per diem check prior to travel, it is recommended the form be to Finance seven (7) days in advance of actual travel. Per Diem monies do not need to be refunded to the City unless the trip or portions of it are canceled. F. After the trip completion,the employee may voluntarily choose to reimburse the City of any unused per diem. Any monies returned will be reimbursed to the appropriate Department budget line item for per diem. V. CITY CREDIT CARD: A. A City credit card may be used to assure payment for a hotel or rental car, if necessary, and specifically approved by the Department Director,when the employee is traveling. B. A City credit card may be used for transportation such as taxis or shuttles and parking and fuel for a rental car. If the employee is allowed to use their personal vehicle for travel,then a City credit card cannot be used for fuel. Revision Date:12/14/202 Page 413 Item#21. C. A City credit card may be used to purchase training materials that are necessary. If necessary, the employee may use the City credit card to mail training materials back to the City.This must be approved by the Department Director, Manager, or designee. D. A City credit card cannot be used for any expenses that are included as part of the per diem. 1. If the employee has not received a per diem check then the City credit card can be used with the approval of the Department Director which will then be reconciled on the expense report after the travel is completed. 2. The employee can also receive their per diem after the trip to reimburse for items covered by the per diem. 3. Expenses that exceed the per diem must be reimbursed by the employee.A City credit card shall not be used on a mobile application that will retain the credit information, such as Uber or Lyft. VI. EXPENSES A. EXPENSE REPORT-Travel expense reports are to be filled out after returning from travel.The reports are to be received by Finance Department within ten (10) business days of the travel return date pursuant to this policy. If reports are not received by that time it may be the cause of further inquiry and potential discipline if the employee refuses to comply. B. USE OF A LANDLINE PHONE WHILE TRAVELING The use of a landline phone in a hotel or motel for business or personal use is highly discouraged due to the high cost associated with such use.The employee should discuss this with the Department Director prior to departure to determine whether the cost will be reimbursed. C. PER DIEM Per diem is compensation given to the employee for other expenses incurred while traveling that are not pre-paid or are defined as reimbursable. Employees may opt not to take a per diem or may request a reduction of the per diem. Per Diem expenses are including but are not limited to: 1. Meals, beverages, or food, including related tips or gratuities. 2. Tips or gratuities for personal services (baggage handling, valet or maid services). 3. Non-City business fees. 4. Personal care items. Revision Date:12/14/202 Page 414 Item#21. 5. Banking or ATM fees. 6. Entertainment. The per diem will be paid to the employee according to the GSA current"Domestic Per Diem Rates".This rate varies from city to city. It will be Department' s responsibility to designate the city closest to the destination for the travel requested and indicate that on the Travel Authorization Form. Full per diem rate is allowed for each day that contains an overnight stay. Pursuant to IRS regulations,the per diem rate for travel days,the first and last day of the employee's trip, is 75%of the daily per diem. If the travel takes more than one day,the employee should identify on the Travel Authorization Form and request an appropriate per diem. Per Diem will be issued to employee upon final approval of the Travel Authorization Form prior to the actual travel as noted above. Based upon the timing of the request, it is possible that the per diem check may be provided after the travel has concluded. VI I. REIMBURSABLE EXPENSES In addition to per diem, there are expenses related to travel that are business related and are reimbursable by the City. All of these expenses will require an itemized receipt for proof of payment. Only in an extraordinary circumstance can reimbursement be provided without a receipt.The Department Director has the discretion to deny reimbursement as well.These reimbursable expenses include but are not limited to: A. Transportation to and from the destination of the travel. B. Transportation to and from the airport to the hotel/motel. C. Transit while at destination between hotel and the business-related meetings or i. purpose for the trip.This may include taxis or shuttles. D. A reasonable tip or gratuity for transportation, if reflected on the receipt. E. Parking services for a hotel or lodging, if required by the hotel. F. Telephone or internet charges that are business related, when pre-approved. G. Tolls. H. Transportation to and from the employee' s work site to the airport. I. Long term parking fees for the employee' s personal vehicle. Revision Date:12/14/202 Page 415 Item#21. J. Up to One (1) baggage item for check-in on an airline More baggage can be i. allowed if approved by the Department Director. VIII. NON-REIMBURSABLE EXPENSES The following expenses are NOT considered to be reimbursable business expense, but may be paid for with the per diem.This list is not exhaustive, is subject to the discretion of the Department Director where noted, and includes the following, but is not limited to: A. Alcoholic beverages. B. Internet charges, except for those that qualify as reimbursable above. C. Laundry services (unless for a City Fire or Police uniform). D. Health club services fees (outside of the hotel or place of lodging). E. Expenses paid on behalf of others. F. Banking or ATM fees. G. Family member travel expenses. IX. TRANSPORTATION All travel must be by the most economical means practical; it does not have be the least expensive, but the employee and the Department Director must be able to justify the expenditure. Departments may consider the time of travel in the cost as well as the expense of fuel for a vehicle to travel to the same location instead of an airline. If there is interruption of travel or deviation from the direct route for the traveler' s convenience, the deviation may not exceed that cost of uninterrupted travel. Employees and Departments are encouraged to consider various forms of travel to and from the destination to weigh the expense of the travel. A. AIRLINE Employees must travel by coach or economy class. Early bird check in fees for an airline,when there is no baggage fee. may be allowed at the discretion of the Department Director. B. CITY VEHICLES The City would prefer that a fleet vehicle be used when driving to the destination is the most practical means of travel. If the City has a fleet vehicle available and the employee chooses to use their personal vehicle that will affect the GSA rate for mileage reimbursement which may affect the overall costs and consideration for the method of travel. Non-City employees may not drive a City vehicle, except in the most extreme emergency or circumstance, or if it is pre-approved by the Mayor.Any parking or moving violations received are the responsibility of the driver. Revision Date:12/14/202 Page 416 Item#21. C. PERSONAL VEHICLES An employee must receive specific permission from the Department Director or the Mayor to use their personal vehicle for travel under this policy. For reimbursement, the employee must maintain a detailed log reflecting date, purpose, and associated odometer readings for the trip. 1. The City's mileage reimbursement form will need to be included in the Expense Report required after the travel is completed. 2.The employee will be required to meet any other requirements of the City or its insurer prior to departure, including but not limited to providing a copy of a valid driver' s license and current proof of insurance. 3.The employee' s personal vehicle insurance will be the primary insurer for the employee and their vehicle. The City's insurance will only be responsible for any damages that may be the responsibility of the City. 4. The City will pay the GSA privately owned vehicle mileage rate for the total business miles if a City vehicle was available. 5. An employee will not be required to use their own vehicles without their permission, but the expense of the trip may be a factor in granting approval. 6. Accident deductibles, parking violations, moving violations while using a personal vehicle for City business are the responsibility of the driver. The City will not be responsible for any physical damage or claims for the use of employee' s vehicle.The employee' s primary vehicle coverage will be primary for any claims. 7. Business miles is the travel an employee incurs beyond normal commute mileage from home to the office and home again)for City business. D. RENTAL CARS A vehicle may be rented at the destination or to travel from the Boise/Meridian area to the destination and back. 1.There is no need to purchase additional insurance for the vehicle.The City's policy will cover the vehicle, as long as it is being used for City business. 2. Any personal use of the vehicle will be on the employee' s insurance for coverage. 3. A vehicle is only allowed with prior authorization and must be justified that it is necessary and economical for the benefit of the City(Use the Travel Authorization Form). Revision Date:12/14/202 Page 417 Item#21. a. The request must indicate the necessity of the vehicle related to City business.The employee will be responsible for the fuel, parking expenses, or tolls for any trips that are not related to City business. b. If a non-employee is going to drive the rental car, any additional charges for a second driver, including necessary coverage for injuries suffered, may be on that employee' s personal insurance. X. LODGING The employee must stay within the GSA hotel rate for the appropriate city or stay at the conference hotel (if applicable). A. When securing reservations, employees will identify themselves as government employees to obtain the government rate, if available.The City will pay the room charge plus applicable room taxes. B. Hotel charges should be broken down on a per day basis on the receipt and the expense report. C. If two employees share a hotel room,the employee who paid for the room should attach the original receipt to his/her expense report noting that the room was shared and with whom.The employee that did not pay for the room should note that on the Expense Report after the travel is completed. D. If a non-employee shares a room, the employee will only be reimbursed for the single room rate or provide proof that no additional costs were incurred. XI. EARLY DEPARTURE or LATE RETURNS The Travel Authorization Form should also note if the employee is requesting to stay beyond the business requirement. A. If there is an impact on the City related travel,the employee shall be personally responsible for all additional costs.This justification should reflect that there is no increase in total travel cost to the City. XII. REIMBURSEMENT BY ANOTHER GOVERNMENTAL ENTITY When other governmental or quasi-governmental agencies or organizations directly reimburse an employee for travel,training, and other related costs where such costs were initially borne by the City,the employee will be required to endorse the reimbursement check over to the City or write a personal check to reimburse the City within 10 business days of receipt of the monies. XIII. TIME CARD ACCOUNTING For all hourly employees they must account for their travel and time at the activity in the Revision Date:12/14/202 Page 418 Item#21. following manner: A. Travel (To and from the activity)—Whenever possible the employee should attempt to travel during their regular work schedule. 1. If that cannot be accomplished then traveling outside of the employee' s regular work schedule must be approved by the Department Director. 2. All travel is compensable, and shall be considered "Hours Worked" for the purpose of calculating overtime for the workweek. B. By Vehicle-The City will compensate for driving time to the activity from the time the employee leaves their City location until they arrive at the final destination. 1. Internet mapping may be used by the City to determine reasonable travel time from the City as verification.The return shall be handled in the same manner. 2. All travel time by vehicle shall be considered Hours Worked for all employees.This shall also apply to driving at the location of the activity in the same vehicle. 3. The employee shall enter the time on the employee' s time card as "Hours Worked." C. By Airline—The City will compensate air travel based upon the published flight times of departure and arrival at the destination of the activity including layovers. 1. If the travel time significantly exceeds the published time on the itinerary or transit time to and from the employee must get approval from the Director for additional compensation. XIV. Time (While engaged in the Activity) Time at the activity(in class, conference, event) shall be considered Hours Worked and should be entered as such. If the time of the activity would exceed the employees normal work schedule then proof of such must be provided. Revision Date:12/14/202 Page 419 Item#21. City of Meridian 1 Standard Operating Procedures Number 3.6 Overtime Compensation Purpose: To set forth the City's procedures regarding employee eligibility for overtime compensation, and the accumulation and payment of overtime. Procedures and Related Information: I. Exempt Employees All executive, administrative, or professional employees who qualify;as exempt employees under the Fair Labor Standards Act (FLSA) will be paid in compliance with the requirements of the FLSA. Exempt employees are not eligible for overtime compensation. However, in recognition of the extra time demands required of certain exempt positions, occasionally paid time off may be taken when approved by the department director and/or the Mayor. II. Non-Exempt Employees All non-exempt, non-represented employees will be paid time at one and one-half the regular rate for hours worked in excess of forty(40) hours within the seven (7) day work week as defined in Section V of these procedures. Overtime must be approved in advance by the employee's supervisor and will be approved only when absolutely necessary. Questions about overtime should be directed to your supervisor or the Payroll office. Court time for sworn law enforcement personnel, unless the court time occurs during a regular shift, shall be paid at the rate of one and one-half times the regular hourly rate of pay for the actual time taken for the court appearance, or two hours, whichever is greater. III. Represented Fire Employees Overtime for represented Fire employees shall be governed by the provisions of the collective labor agreement. IV. Compensatory Time Compensatory time is time in lieu of monetary overtime compensation, which is given at a rate of not less than one and one-half hours for each hour of overtime worked.The City does not recognize nor allow compensatory time in lieu of overtime payment. V. Hours Worked and Work Period Defined A. According to the Fair Labor Standards Act, only actual hours worked are computed for the purpose of determining hours worked for overtime calculation. In other words,vacation, holiday, or sick time, though typically compensated, is not counted when computing hours worked in a workweek for purposes of calculating overtime. Revision Date:12/14 Page 420 Item#21. B. Every employee shall have a designated work period.The work period for all regular full- time employees not covered by a collective labor agreement who are subject to the Fair Labor Standards Act(FLSA)shall be 8, 9, or 10 hours and the established work period shall be 40 hours. Workweeks will be one of the following: 1. Begin at 12:00 (midnight) on Sunday of each week and conclude at 11:59 p.m. on the succeeding Saturday; or 2. Begin 12:00 noon on Friday conclude on the succeeding Friday at 11:59 a.m.; (available to exempt employees only) or 3. Begin 12:00 noon on Monday and conclude on the succeeding Monday at 11:59 a.m. 4. Begin at 12:00 (midnight) of Saturday of each week and conclude at 11:59 p.m. on the succeeding Friday C. Operational demands and staffing levels may require a work period with different starting and ending days.The department director must approve any changes in scheduling hours or designating a different workweek. A Flextime Work Schedule Request and Authorization Form signed by the employee, supervisor, and the department director or designee must be forwarded to the Human Resources Department for the employee's personnel file. Revision Date:12/14 Page 421 Item#21. City of Meridian 1 Standard Operating Policy Number 4.1 Holidays Purpose: To set forth the policy regarding holidays observed by the City and related leave and compensation pertaining to holidays. Policy: The City shall provide paid holidays to all eligible employees who are in a paid status the day before and the day after the holiday. Represented Fire employees holiday benefits and related leave and compensation are covered under the collective labor agreement. Holiday pay will be equivalent to the employee's regular work schedule. Holiday pay will not be given to employees taking any unpaid leave time the day before or the day after a holiday. Holidays must be observed on the City's designated holiday; no individual exceptions will be made based on work schedule or other leave considerations. Eligible employees shall be granted up to eleven paid holidays per year. Emergency service personnel or others required to work on holidays shall be compensated for holiday hours as outlined in the Holidays Standard Operating Procedures. This policy shall be implemented pursuant to the Holidays Standard Operating Procedures. Authority&Responsibility: Payroll shall work in conjunction with Human Resources to ensure proper tracking and payment of holiday hours for employees, including special arrangements for emergency service personnel or others required to work on holidays. Revision Date:12/14/202 Page 422 Item#21. City of Meridian aWER,IDIANf- Standard Operating Policy Number 4.2 Vacation Leave Benefits Purpose: To set forth the City's policy defining vacation leave benefits and eligibility requirements. Policy: Eligible City employees with the exception of directors and represented employees under the collective labor agreement shall accrue paid time off based on tenure with the organization or prior relevant experience. Employees may use accrued time off as per this policy at their discretion with appropriate authorization. This policy shall be implemented pursuant to the Vacation Leave Benefits Standard Operating Procedures. Authority&Responsibility: Supervisors shall ensure appropriate coverage for the employee's absence and authorize paid vacation as appropriate so as to meet the needs of City operations. Payroll in conjunction with Human Resources shall ensure proper tracking and payment of vacation hours for employees. Revision Date:12/14/2 Page 423 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 4.2.1 Donation of Vacation Leave to Another Employee Purpose: To set forth the City's policy to allow employees to donate their accumulated vacation leave to another employee that qualifies and has exhausted all of their available leave. Policy: The City shall allow an employee to donate their accumulated vacation leave to another employee to alleviate economic hardship caused by the absence from work necessitated by the qualifying event. This policy shall be implemented pursuant to the Donation of Vacation Leave to Another Employee Standard Operating Procedures. Authority& Responsibility: Employees shall make appropriate requests for use of the donated vacation leave that can be used to supplement their regular pay while out on a qualifying leave after all their leave has been exhausted. . Human Resources shall be responsible for administering and interpreting this policy. Revision Date:12/14/202 Page 424 Item#21. City of Meridian 1 Standard Operating Policy Number 4.3 Sick Leave Benefits Purpose: To set forth the City's policy regarding sick leave benefits for employees. Policy: All eligible employees will accrue sick leave benefits. Employees are expected to use sick leave in accordance with this policy and its related procedures. Represented Fire employees shall receive sick leave benefits per the collective labor agreement. Any employee who abuses sick leave benefits will be subject to disciplinary action, up to and including termination. This policy shall be implemented pursuant to the Sick Leave Standard Operating Procedures. Authority& Responsibility: Supervisors and department directors or designees shall be responsible to ensure the appropriate administration of this policy so as to prevent abuse of sick leave. Payroll in conjunction with Human Resources shall ensure proper tracking and payment of sick leave benefits for employees. Revision Date:12/14/202 Page 425 Item#21. City of Meridian 1 Standard Operating Policy Number 4.4 Family and Medical Leave Purpose: To set forth the City's policy regarding Family and Medical Leave (FMLA). Policy: In conformance with the Family and Medical Leave Act of 1993, the City shall provide leave to eligible employees for qualified medical or family related reasons.This policy shall be implemented pursuant to the Family and Medical Leave Standard Operating Procedures. Authority& Responsibility: Human Resources shall be responsible for administering and interpreting this policy. Revision Date:12/14/202 Page 426 Item#21. City of Meridian 1 Standard Operating Policy Number 4.5 Bereavement Leave Purpose: To set forth the City's policy providing paid Bereavement Leave for regular full-time employees. Policy: In the event of a death in the immediate family of an employee,the City allows regular full-time employees an absence from work with pay of up to five (5) consecutive workdays. Additional time off may be granted, utilizing the employee's accrued vacation time, consistent with the policies of the City. The employee shall notify his/her supervisor as soon as possible to schedule the use of this leave. This policy shall be implemented pursuant to the Bereavement Leave Standard Operating Procedures. Authority& Responsibility: Immediate supervisor and department director or designee shall be responsible for administration of this policy. Revision Date:12/14/202 Page 427 Item#21. City of Meridian 1 Standard Operating Policy Number 4.6 Civil Leave Purpose: To set forth the City's policy regarding employees with paid time to serve on juries or to testify in court. Policy: Leave will be granted to full-time non-exempt and exempt employees scheduled to work and are called to serve as a juror or witness for any federal, state, or local court of law. Part-time nonexempt and exempt employees shall qualify for paid leave if called to serve as a juror or witness for any federal, state, or local court of law during their scheduled work hours. This policy shall be implemented pursuant to the Civil Leave Standard Operating Procedures. Authority& Responsibility: Employees shall notify their supervisor as soon as possible to coordinate use of Civil Leave. The Finance Director or designee shall oversee the processing of all requests for payment of time spent serving on a jury or to testify in court. Revision Date:12/14/202 Page 428 Item#21. City of Meridian 1 Standard Operating Policy Number 4.7 Military Leave of Absence Purpose: To set forth the City's policy regarding Military Leave of Absence in accordance with the Uniformed Services Employment and Reemployment Services Act of 1994 (USERRA), 38 USC 4301—4335, and applicable federal regulations and state laws. Policy: The City shall grant military leave of absence in accordance with USERRA and applicable federal regulations and state laws.Additionally the City shall provide a military differential pay benefit to make the employee's paycheck whole during the leave period. An employee may request (1) use of accrued annual leave during a period of military leave of absence or, in the absence of a request,the employee will receive the City's "military differential pay" benefit, but not both; and (2) Pursuant to 38 USC 4316 (b)/20 CFR 1002.149,the employee will remain on military leave of absence status for payroll purposes whether the employee requests use of accrued annual leave or receives the City's "military differential pay" benefit.The employee is entitled to the non-seniority rights and benefits generally provided by the City to other employees with similar seniority, status, and pay that are on leave of absence. This policy shall be implemented in accordance with the Military Leave Standard Operating Procedures. Authority& Responsibility: Human Resources shall be responsible for administering this policy. Revision Date:12/14/202 Page 429 Item#21. City of Meridian 1 Standard Operating Policy Number 4.8 Leaves of Absence Purpose: To set forth the City's policy regarding leaves of absence. Policy: The City shall authorize leaves of absence at the discretion of the department director subject to workload and other reasonable considerations during the period of requested leave. This policy shall be implemented pursuant to the applicable Leaves of Absence Standard Operating Procedures Authority& Responsibility: The department director shall be responsible for administering and authorizing any paid or unpaid leave of absence. Such decisions shall be communicated to Human Resources for coordinating the completion of proper forms. Revision Date:12/14/202 Page 430 Item#21. City of Meridian 1 Standard Operating Policy Number 4.8.1 Administrative Leave with Pay Purpose: To set forth the City's policy regarding administrative leave with pay. Policy: The City shall authorize department directors to grant discretionary paid leave to employees for extenuating circumstances where the employees accumulated leave is unavailable or the director wants to provide an employee a positive reinforcement for work performed. This leave can also be used as a non-disciplinary method to remove an employee from the workplace, without penalty, to facilitate in the general operation of the City or to allow for an investigation of a pending complaint. The City recognizes that all situations deserve individual scrutiny.Therefore, this policy is intended as a guideline to the department directors to grant Administrative Leave with Pay to employees when the employee's own accumulated leave is inadequate or unavailable. The City further acknowledges that the department directors should have the discretion, authority, and ultimate responsibility for the operations of their respective departments. Exercising of this discretion should be done fairly, equitably, and with due concern to the responsibility that the City has to the taxpayers and the public. In the exercise of their discretion,the directors should have ability to recognize good performance and acknowledge the same by the ability to grant leave as a positive reinforcement tool. However,the overall efficiency of the operation of the department must be maintained. The City also recognizes that occasional circumstances, such as an investigation may warrant the need to remove an employee from the work group for the benefit of the City or the employee. In these instances the employee may be better served by not being in the workplace and a penalty or punitive measure may not be appropriate at that time.This decision will be at the discretion of the Human Resources Director or in their absence their designee and department director, or designee with the advice and assistance of the City Attorney as needed. This policy shall be implemented pursuant to the Leave with Pay Standard Operating Procedures. Authority&Responsibility: The department director shall be responsible for administering this policy unless required to consult with Human Resources pursuit to this policy as referenced above. Revision Date:12/14/202 Page 431 Item#21. City of Meridian 1 Standard Operating Policy Number 4.8.2 Leave Without Pay(LWOP) Purpose: To set forth the City's policy regarding use of Leave Without Pay(LWOP). Policy: Leave Without Pay (LWOP) is not a right or entitlement for any City employee. Employees are expected to use all accrued paid time,vacation leave and sick leave appropriately so that LWOP does not occur. LWOP is not appropriate as a means to gain additional vacation leave or a substitute for excessive use of sick leave. LWOP is intended to be used for unforeseen circumstances that the employee could not have reasonably anticipated in advance. Employees will be required to exhaust all accrued paid time, vacation leave or sick leave, as appropriate, prior to the use of LWOP. Sick leave cannot be used as a substitute for vacation leave. LWOP is for a short duration, up to one work week of the employee for any given request. Employees shall not be allowed to have LWOP exceed three (3)work weeks or the equivalent number of days per calendar year. LWOP is allowed for Family Medical Leave Act of 1993 (FMLA) purposes pursuant to the City's FMLA policy. This policy shall be implemented pursuant to the Leave Without Pay Standard Operating Procedures. Authority& Responsibility: Human Resources and Payroll are responsible to monitor LWOP and report violations to the department director or designee of the specific employee. Department Director or designee shall review the information provided and take corrective action, if warranted, within the pay period in which the leave occurred. Revision Date:12/14/202 Page 432 Item#21. City of Meridian 1 Standard Operating Policy Number 4.9 Paid Parental Leave (PPL) Purpose: To set forth the City's policy regarding paid parental leave that is offered to eligible employees. Policy: The City recognizes that it is in a unique position to be a model for other government organizations. As such, in an effort to provide an opportunity for parents to bond and welcome a new child to their family,the City offers paid parental leave. Parental leave is available to regular full-time employees, regardless of gender. This policy shall be implemented pursuant to the Paid Parental Leave (PPL) Standard Operating Procedures. Authority and Responsibility: Human Resources is responsible for the administration of this policy. Revision Date:12/14/202 Page 433 Item#21. City of Meridian 1 Standard Operating Procedures Number 4.1 Holidays Purpose: To set forth the City's procedures regarding the holidays observed by the City and related leave and compensation pertaining to holidays. Procedures and Related Information: I. Holidays A holiday is a day of exemption from work, granted to eligible employees as if they had actually worked.The City observes eleven (11) holidays with pay during the calendar year: 1. New Year's Day(January 1) 2. Martin Luther King,Jr's Birthday/Human Rights Day (3rd Monday in January) 3. President's Day(3rd Monday in February) 4. Memorial Day (Last Monday in May) 5. Juneteenth (June 19) 6. Independence Day(July 4) 7. Labor Day(V Monday in September) 8. Veteran's Day(November 11) 9. Thanksgiving (41h Thursday in November) 10. Day after Thanksgiving 11. Christmas Day (December 25) II. Holidays must be observed on the City's designated holiday; no individual exceptions will be made based on work schedule or other leave considerations. III. Holidays Occurring on Saturday or Sunday Generally, holidays falling on a Saturday are observed on the preceding Friday; those falling on Sunday are observed the following Monday. In celebrating the above holidays, all City offices and departments will be closed with the exception of those departments responsible for wastewater and emergency service. IV. Holiday Compensation for Shift or Compressed Workers A. For employees working shifts of nine (9),ten (10), or more hours per day, a maximum of 10 holidays per calendar year will be given at the employees scheduled work hours. Shift or compressed workweek employees are paid holiday pay at his/her assigned work schedule. B. Employees may not alter their assigned work schedule during a holiday week. Revision Date:12/14/202 Page 434 Item#21. V. Compensation for Holidays A. Non-Shift regular full-time employees are paid for eight (8) hours of holiday pay for each holiday up to a maximum of ten (10). C. Part-Time, temporary and seasonal employees are only paid for hours worked. D. An employee who is assigned to work on a recognized holiday will be paid for hours worked on the holiday at the regular rate of pay holiday pay at straight time for his/her assigned work schedule. For example, if a non-shift employee is regularly scheduled to work on Wednesday, December 25, and is assigned to work three hours on that day, he/she would be paid for a total of eight (8) hours of holiday pay plus three (3) hours of straight time pay,for a total of eleven (11) hours of pay. If a shift employee is regularly scheduled to work on Wednesday, December 25,for their normal ten (10) hour shift, he/she would be paid for ten (10) hours of holiday plus ten (10) hours of straight time pay,for a total of twenty(20) hours of pay. VI. Holiday and Leave Status A. Employees who are on leave status(vacation, sick, personal,worker's compensation, military duty, FMLA, etc.) are not eligible for additional holiday pay. For example, if an employee is on vacation leave during the week of December 23 through December 27, that employee's pay would reflect four(4) days of vacation leave and one (1) day of holiday pay. Holidays falling within approved leave time will not be counted as part of the leave time. B. Holiday pay will not be given to employees taking any unpaid leave time the day before or the day after a holiday. C. Employees terminating their employment may not use accrued leave to extend their separation date for the purpose of receiving holiday pay or other benefits. VII. Represented Fire Employees Holiday leave for represented Fire employees shall be governed by the provisions of the collective labor agreement. Revision Date:12/14/202 Page 435 Item#21. City of Meridian Standard Operating Procedures Number 4.2 Vacation Leave Benefits Purpose: To set forth City's vacation leave benefits and eligibility requirements.The City provides paid vacation leave as one of the many ways in which it shows its appreciation for employee's loyalty and service. Procedures and Related Information: I. Accrual Rates A. Vacation accrues from the date of hire. Vacation hours accrue on a calendar'month accrual period basis.The monthly accrual is based on length of service unless otherwise approved in accordance with the procedures. Monthly accrued vacation hours are posted to the employee's vacation leave balance on payday and are available to use on the first day of the calendar month following the accrual period.An employee cannot use vacation hours for a particular calendar month in advance or during the period in which they are earned. B. New Hires and re-hires with prior relevant experience, whose essential duties, responsibilities,knowledge,skills and abilities align with a specific job description can be credited for previous years of service with Department Director and Human Resources Director approval. The accrual rate shall be agreed upon prior to the conditional offer of employment to any applicant and will be effective upon hire. Credited years of service shall not exceed a one for one ratio. C. The monthly accrual rate for employees, other than represented employees in the Fire department are as follows: Length of Service Monthly Accrual Maximum Accrual Limit 0 -2 Years 12.00 Hours 288 Hours 3-4 Years 12.50 Hours 300 Hours 5 -6 Years 13.00 Hours 312 Hours 7—8 Years 13.50 Hours 324 Hours 9—10 Years 14.00 Hours 336 Hours 11-12 Years 14.50 Hours 348 Hours 13—14 Years 15.00 Hours 360 Hours 15—16 Years 15.50 Hours 372 Hours 17—18 Years 16.00 Hours 384 Hours 19—20 Years 16.50 Hours 396 Hours 21—22 Years 17.00 Hours 408 Hours Page 436 Revision Date:12/14/202 Item#21. Length of Service Monthly Accrual Maximum Accrual Limit 23—24 Years 17.50 Hours 420 Hours 25 Plus Years 18.00 Hours 432 Hours II. Accrued vacation hours may be carried over from one (1) calendar yearto the next up to a two (2)year cap from the employee's maximum annual accrual limit. Any excess over the two (2)year cap will cease to accrue until hours have been taken. A. Regular Full-Time Employees Eligible employees in this group would be eligible to use vacation leave once hours have been accrued following standard department approval processes.Director use of vacation leave is in accordance with Director Benefits Program and related Policy and Procedures, number5.5. B. Law Enforcement and Represented Employees under the Collective Labor Agreement. 1. Police and represented employees have a one (1)year introductory period and may not use vacation leave benefits during the first year of employment unless approved by the Chief. 2. Vacation leave accruals for represented employees in the Fire Department shall be governed by the provisions of the collective labor agreement. Refer to the union contract for breakdown of schedule. C. Temporary,Seasonal, and Part-Time Employees Seasonal,temporary, and part-time employees are not eligible for vacation leave benefits. III. Vacation Leave Approval Approval for vacation leave must be pre-approved (except for those provisions under FMLA) by the employee's supervisor or department director as necessary so scheduling of work can be accomplished. IV. Other Leave Provisions A. Employees who leave the City's employment are paid all vacation leave accrued up to the time of separation. Employees separating from their employment may not use accrued leave to extend their separation date for the purpose of receiving holiday pay or other benefits. Page 437 Revision Date:12/14/202 Item#21. C�WF,Nt City of Meridian Standard Operating Procedure Number 4.2.1 Donation of Vacation Leave to Another Employee Purpose: To set forth the City's procedures regarding donation of vacation leave to another employee. Procedures and Related Information: I. ELIGIBILITY A. All regular full-time employees are eligible to receive benefits from the pool. Employees must exhaust all of their eligible sick and vacation leave before being eligible to use any donated leave. Employee must have been absent from the workplace for a minimum of thirty (30) days continuously or sixty(60) day intermittently before they are eligible to receive any donated time. II.ALLOWABLE USE A. Employees may donate some or all of their accumulated vacation leave to be used by a designated employee with qualifying event. The donated hours will be added the requesting employee's sick leave balance. B. Hours may be available to employees upon written request from the employee to the Human Resources Director. C. The Human Resources Department shall seek donation of hours from employee's department first and then may seek additional hours up to the maximum allowed by this policy from all employees. III. QUALIFYING EVENT A. Employees experiencing a significant event that removes them from the workplace, or limits their ability to work should contact Human Resources to determine eligibility. B. Qualifying event will be defined by the FMLA Regulatory Guidelines other than the time period of eligibility service requirement. C. Human Resources may request additional information, supporting documentation supporting documentation to determine eligibility. Revision Date:12/14/202 Page 438 Item#21. IV. OTHER PROVISIONS A.As allowed by law, a second medical opinion may be required. Revision Date:12/14/202 Page 439 Item#21. City of Meridian 1 Standard Operating Procedures Number 4.3 Sick Leave Benefits Purpose: To set forth the City's procedures regarding sick leave benefits for employees. Procedures and Related Information: I. Sick Leave Accrual A. Sick leave benefits are designed to provide income protection for employees in the event of illness, injury, or disability. Sick leave benefits are provided to regular full-time employees at the rate of eight (8) hours per month, hours may accumulate up to ninety (90) days or seven hundred and twenty(720) hours, and then sick accruals will cease until hours have been taken. B. Sick leave accrues from the start of employment based on anniversary date. An employee is eligible to use sick leave after one (1) month of employment. C. Sick leave hours accrued for a particular month cannot be used in advance, or during the month they are to be earned. Sick leave must be accrued and added to the employee's sick leave bank prior to being used. II. Allowable Uses of Sick Leave A. Accrued sick leave hours may be used for 1. Personal illness (including maternity related or medical disability); 2. Personal injury; 3. Illness or quarantine of employee's immediate family necessitating the employee's absence from work. (Immediate family is defined as anyone who resides with the employee and who depends upon the employee for regular care); 4. Personal medical related appointments, including annual wellness exams, counseling, dental check-up, etc.; 5. Provisions under the Family and Medical Leave Act (FMLA)that provide leave to certain employees who qualify in regards to themselves or providing care to others. Employees should contact the Human Resources office for further details. Revision Date:12/14/202 Page 440 Item#21. NOTE: Employees may qualify as a primary care provider under certain conditions in FMLA. Please contact Human Resources to discuss eligibility and necessary documentation. B. Abuse of Sick Leave 1. Sick leave may be used as allowed in these procedures, but for no other purpose. 2. Examples of sick leave abuse may include, but are not limited to, a pattern of sick leave being taken on days preceding or following weekends, holidays or vacation leave. Sick leave may not be taken as additional or as a substitute for vacation leave. 3. Supervisors and department directors or designees shall be responsible to ensure the appropriate administration of sick leave use. 4. Excessive use of sick leave that causes loss of individual or work group productivity should be documented by the supervisor and may be grounds for disciplinary action, up to and including termination. 5. Any falsification of sick leave use may result in disciplinary actions, up to and including termination. III. Notification Requirements A. An employee who is unable to report to work because of a qualified use for sick leave must notify his/her supervisor at least one half(%) hour prior to his/her work shift or(if in the case of an accident or emergency) as soon as possible. An employee's needing consecutive sick leave must notify his/her supervisor each day of his/her absence, unless otherwise approved. B. Paid sick leave of three (3) consecutive days or more will not be approved without submission by the employee to his/her supervisor, upon return to work of a written signed confirmation from a health care provider stating that the employee was unable to perform his/her duties. Supervisors must forward a copy of the confirmation to Human Resources. In some circumstances and employee may be required to provide additional documentation that the employee is able to perform his or her duties.An employee may be required to provide medical documentation prior to the use of three (3) consecutive days of sick leave to ensure compliance with the provisions of this policy and the Family Medical Leave Act. C. Employees must accurately and timely record all sick leave used on their timecard in the appropriate payroll period. IV. Other Leave Provisions A. An employee who is on workers compensation will continue to accrue sick leave benefits. Revision Date:12/14/202 Page 441 Item#21. B. An employee on unpaid personal leave for more than one half of the workweek will not accrue any sick leave benefits while on leave. C. At the time of separation of employment with the City, all accrued sick leave shall be forfeited and shall not be paid. Such forfeited sick leave shall not be reinstated upon an individual who may be rehired by the City, except for layoffs. D. Seasonal, part-time, and/or temporary employees are not eligible for sick leave benefits. E. Sick leave provisions for represented Fire employees shall be governed by the provisions of the collective labor agreement. Revision Date:12/14/202 Page 442 Item#21. City of Meridian 1 Standard Operating Procedures Number 4.4 Family and Medical Leave Purpose: To set forth the City's Family and Medical Leave (FMLA) procedures in conformance with the Family and Medical Leave Act of 1993. Procedures and Related Information: I. Leave Purposes and Benefits A. In order to comply with FMLA, eligible employees are entitled to twelve (12) weeks of leave for the following reasons: 1. The birth and placement for adoption or foster care of a child, within twelve (12) months of the birth or adoption. 2. The serious health condition of a spouse, child, or parent. 3. The employee's own serious health condition. 4. The military leave of a spouse, child or parent. 5. To care for a spouse, child or parent that is a military veteran with a serious health condition. B. For employees whose spouses are employed with the City, leave may be limited to a combined total of up to twelve (12)weeks of unpaid leave in a twelve (12) month period if the leave is taken for the birth of a child, placement of a child for adoption or foster care, or to care for a parent with a serious health condition. II. Definitions For purposes of these FMLA procedures,the following definitions shall apply: A. Eligible Employees-shall mean any person employed for at least twelve (12) months, and who has worked 1,250 hours or more during the twelve (12) months prior to the leave request. B. Child -shall include the biological, adopted,foster, stepchild, legal ward, or a child of an individual legally acting in the parent's stead.The child must be under the age of eighteen (18) unless he/she is incapable of self-care because of physical or mental disability. Revision Date:12/14/202 Page 443 Item#21. C. Spouse- means a husband or wife as defined and recognized under Idaho State law for purpose of marriage. D. Parent-means biological parent or an individual who stands or stood in place of a biological parent.This term does not include parents-in-law. E. Serious Health Condition -means an illness, injury, impairment, or physical or mental condition involving either inpatient care or continuing treatment by a health care provider. F. Twelve (12) month period - means a "rolling" twelve (12) month period, measured backward from the date an employee starts his/her FMLA approved leave. G. Certification - means a statement by a health care provider which includes: 1. The date on which the serious health condition began. 2. The probable duration of the condition. 3. Appropriate medical facts regarding the condition. 4. A statement that the employee is needed to care for a spouse, child or parent, along with the estimated length of time; or 5. That the employee is unable to perform his/her duties. 6. In the case of intermittent leave,the dates and duration of treatment to be given. III. The certification notice must be provided within fifteen (15) days from the date it is requested by the City.The City may, at its expense, obtain an opinion from a second health care provider (of the City's choosing) or third health care provider(chosen jointly by the employee and the City). IV. Notice and Confirmation of Leave An eligible employee must notify the City of the need to request FMLA leave under this policy no later than thirty(30) days prior to the beginning date of such leave. In the event of an emergency,the employee must provide as much notice as is practical. In the event of leave for a serious medical condition or treatment which is foreseeable, employees are required to make a reasonable effort to schedule treatment so as to not unduly disrupt work operations and to provide the thirty(30) day notice; or such notice as is practical. V. Duration of Leave and Methods of Taking Leave A. An employee may be given up to a maximum of twelve (12) weeks for a leave under FMLA. However, in situations where the reason for leave is to care for a sick family member or for their own serious health condition,the employee may be permitted to Revision Date:12/14/202 Page 444 Item#21. use up to the twelve (12)total weeks on leave on an intermittent basis or on a reduced workweek schedule, if it is medically necessary to do so. B. Under FMLA an employee may take reduced or intermittent leave when it is medically necessary to care for a serious health condition for his/her family member or for the employee's own serious health condition. Employees will be required to provide additional medical certification by a qualified health care provider that states this accommodation is medically necessary.The certification must specify how long the leave will be necessary. In the case of military leave, documentation of the military orders and sufficient documentation to establish the employee's relationship to the military service member will be required. Employees on reduced or intermittent leave may be required to transfer temporarily to an available alternative position with equivalent pay and benefits that can accommodate the recurring periods of leave or reduced work schedule. C. Intermittent or reduced leave to care for a newborn or newly placed adopted or foster care child may be approved by the City if the department director or designee can accommodate the work schedule. D. While on FMLA approved leave, the City may require that the employee periodically report his/her status and intention to return to work.The City may also require that an employee on FMLA approved leave obtain subsequent re-certification of a serious health condition. VI. Benefits While on FMLA approved Leave A. Employees will be required to coordinate any available vacation and sick leave with workers compensation, short-term and long-term disability to make up the difference in salary before utilizing leave without pay.The paid leave will be counted toward the twelve (12) weeks of FM LA. B. Employees who do not have accrued leave time are eligible to take up to twelve (12) weeks of unpaid leave under FMLA, provided that the employee meets the definitions of eligibility. C. The City will continue health benefits for employees on FMLA approved leave up to twelve (12) weeks under the same conditions as if the employee had continued to work. Except in certain circumstances, if an employee does not return from a FMLA approved leave, he/she may be required to reimburse the City for their share of health premiums that were paid by the City on his/her behalf to continue his/her employee coverage(s) while on leave. D. For any period, an employee receives paid leave benefits,the City will deduct the employee's premium portion through payroll deductions. For unpaid leaves, employees will be required to make arrangements with the City to pay for his/her portion of the health, dental, and supplemental insurance premiums while out on leave. Revision Date:12/14/202 Page 445 Item#21. VII. Effect on Other City Benefits A. Employees on FMLA approved leave will not lose seniority or employment benefits. However, an employee who takes FMLA approved leave and moves into an unpaid status for at least one workweek will incur a reduction in their vacation and sick leave accruals. B. The City cannot cover all the details concerning FMLA procedures. Employees with questions should contact the Human Resources department for additional information. Revision Date:12/14/202 Page 446 Item#21. City of Meridian 1 Standard Operating Procedures Number 4.5 Bereavement Leave Purpose: To set for the City's procedures regarding paid time off for regular full-time employees to address the needs of the employee upon the death of a member of the employee's immediate family. Procedures and Related Information: I. In the event of a death in the immediate family of an employee,the City allows regular full- time employee an absence from work with pay of up to five (5) consecutive workdays. Additional time off may be granted, utilizing the employee's accrued vacation time consistent with the policies of the City. The employee shall notify his/her supervisor as soon as possible prior to the use of this leave. II. For purposes of this policy, immediate family shall be defined as current spouse, children, parents, in-laws, brother, sister, grandparents, or grandchild of the employee. In-laws are defined as a father, mother, or grandparents of current spouse, or sister and brother-in-law of the employee. Adopted, foster, or"step" relationships will be considered the same as any other family relationship III. Bereavement Leave provisions for represented employees in the Fire Department shall be governed by the provisions of the current collective labor agreement. Revision Date:12/14/202 Page 447 Item#21. City of Meridian 1 Standard Operating Procedures Number 4.6 Civil Leave Purpose: To set forth the City's procedures regarding employees with paid time to serve on juries or to testify in court. Procedures and Related Information: I. Leave will be granted to full-time and part-time non-exempt and exempt employees who are scheduled to work and called to serve as a juror or witness for any federal, state, or local court of law. Civil leave is not allowed in personal matters in which the employee is a litigant such as a petitioner, respondent, plaintiff, or defendant. II. Compensation for Civil Leave A. Full pay will be given only when: 1. The employee is required to serve as a juror or appear as a witness in a matter other than one personal to the employee. 2. The employee serves on a day that would have been a regularly scheduled workday. 3. Non-exempt employees will be paid for only the hours they were scheduled to work while on civil leave. 4. Exempt employees will be paid their normal salary while on civil leave. B. Court fees paid by the court and received by an employee including mileage reimbursement are not required to be remitted to the City. III. Notification Requirement A. Employees are required to provide a copy of the court notification of civil duty when received to their supervisor. B. Employees are required to correctly report civil duty on their timecard during the period served. IV. Other General Provisions Revision Date:12/14/202 Page 448 Item#21. A. Employees released from jury duty on a scheduled workday are required to immediately report to work. Failure to do so may result in disciplinary action up to and including termination. B. An employee who is directed to appear as a witness for the Federal government, State of Idaho, or to attend court or other official hearings or trials in connection with his/her official duties is not to be considered absent from duty. C. Employees requested to serve as a member of a jury are not to be considered absent from work. D. Represented Fire employees are provided Civil Leave in accordance with the collective labor agreement. Revision Date:12/14/202 Page 449 Item#21. City of Meridian 1 Standard Operating Procedures Number 4.7 Military Leave of Absence Purpose: To set forth the City's procedures regarding Military Leave of Absence in accordance with the Uniformed Services Employment and Reemployment Services Act of 1994 (USERRA), 38 USC 4301 -4335, and applicable federal regulations and state laws. Procedures and Related Information: I. Employees who are called to active duty and enter military service or the reserves by commission, draft, or enlistment, on a voluntary or involuntary basis, shall be granted military leave of absence for that purpose and at the conclusion of such leave of absence shall be reinstated in accordance with USERRA and all applicable federal regulations and state laws. II. Pursuant to 20 CFR 1002.85, a service-member must provide advanced notice of service to Human Resources with the exceptions outlined in 20 CFR 1002.86, but is not required to provide orders to perform service. He/she must only provide orders for periods of service greater than 30 days upon his/her return from service as outlined in 20 CFR § 1002.121. III. During military leave of absence, an employee's benefit coverage will be the same as for any other employee on leave of absence. Medical coverage may be continued based on the provisions of USERRA. Employee's dependents may remain on the City's medical benefits program,when the employee is on active military duty, but they must pay the same premium amounts as if the employee were currently working for the City.This option may be continued for a period of time as set forth in 20 CFR 1002.164. IV. Employees may request use of any earned, accrued vacation leave during the military leave of absence if they wish; however,they are not obliged to do so.Accrued leave need not be exhausted prior to the start of the employee's leave period. Additionally,the City shall provide a "military differential pay' benefit to make the employee's paycheck whole during the leave period. An employee may request (1) use of accrued annual leave during a military leave of absence or, in the absence of a request,the employee will receive the City's "military differential pay' benefit, but not both; and (2) during a period of military leave of absence,the employee will remain on military leave of absence status for payroll purposes whether the employee requests use of accrued annual leave or receives the City's "military differential pay' benefit. Therefore,the City's military differential pay benefit does not include overtime, swing- up, or Kelly days or any other paid leave benefits. Employees are eligible for the City's "military differential pay" benefit up to twelve (12) months. Extensions beyond twelve months must be approved by the Mayor and City Council. V. To receive the "military differential pay" benefit,the employee must submit all military orders or proof of service as outlined in 20 CFR § 1002.121 - 123 to Human Resources for initiation of Revision Date:12/14/202 Page 450 Item#21. proper paperwork. A copy of the military orders or proof of service shall be placed in the employee's personnel file, and related paperwork will be forwarded to Finance for processing. VI. Questions about these procedures and related policy should be directed to the Human Resources Director, or designee who shall have the responsibility for interpretation to assure similar treatment of employees on a citywide basis. Revision Date:12/14/202 Page 451 Item#21. City of Meridian 1 Standard Operating Procedure Number 4.8 Leaves of Absence Purpose: To set forth the City's procedures regarding leaves of absence. Procedures and Related Information: I. Scope and Eligibility These procedures apply only to those requested leaves, which are for a purpose other than, or ineligible under, FMLA. In addition,these leaves of absence and related procedures will apply in cases where all twelve (12) weeks of FMLA have been exhausted and an employee requests additional time off for a purpose ordinarily qualifying under the FMLA. Only regular full-time employees are eligible for a leave of absence under these procedures policy. II. An employee requesting a leave of absence must make the request in writing to his/her department director, who may approve the request subject to workload and other reasonable considerations during the period of requested leave for a period not to exceed thirty (30) days. Such decisions shall be communicated to Human Resources for coordinating and completion of proper paperwork. Prior to approval of a leave of absence request, employees must exhaust all accrued vacation leave; if the request is for an allowed use of sick leave,then all sick leave accrual must also be exhausted. A request for a leave of absence for a period exceeding thirty(30) days may only be granted by the Mayor, who will establish the terms upon review of the written request. Human Resources will coordinate the processing of a request for leave of absence exceeding thirty(30) days with the employee,the employee's department director, and the Mayor's Office. III. Due to fluctuating business needs,the City cannot guarantee re-employment upon return from a leave of absence. If an employee's position or a comparable position is not available,the employee's name shall be placed on a hiring list for six (6) months and will be considered for future vacancies for which the individual is qualified. After six (6) months, he/she will be required to re-apply like any other applicant. IV. The City will afford reasonable accommodation to qualified employees with a known disability or for an employee's religious beliefs. Revision Date:12/14/202 Page 452 Item#21. V. The City will also provide leave under particular circumstances as mandated by federal or state law, including but not limited to Military Leave. For information regarding Military Leaves of Absence refer to SOP 4.7. VI. While an employee is on a leave of absence, City benefits and paid leave accruals will stop. Employees may choose to pay the applicable premium to the City in order to maintain insurance benefits during the leave of absence; the employee shall contact the Human Resources office to make necessary arrangements for payment of insurance premiums. Revision Date:12/14/202 Page 453 Item#21. City of Meridian 1 Standard Operating Procedures Number 4.8.1 Administrative Leave with Pay Purpose: To set forth the City's procedures regarding Administrative Leave with Pay. Procedures and Related Information: I. Administrative Leave with Pay for other than investigative purposes for one day or less of the employee's normal work day shall be at the discretion of the department director. II. Administrative Leave with Pay for other than investigative purposes for more than the employee's normal work day, but not to exceed one (1) regular work week of the employee shall be at the discretion of the department director with the approval of the Human Resources Director. III. Administrative Leave with Pay for more than one (1) regular work week of the employee shall be at the discretion of the department director with the approval of the Human Resources Director and the Mayor. IV. Administrative Leave with pay for investigative purposes for any length of time shall be at the discretion of the Human Resources Director and in consultation with the City Attorney, and the Mayor, if warranted. Human Resources shall inform the department director of the employee(s) leave of absence status as necessary. A. In some instances for investigative purposes it maybe necessary to seek approval of the City Council for this leave.The decision to seek approval from the City Council shall be at the discretion of the Human Resources Director or City Attorney and the Mayor. Revision Date:12/14/202 Page 454 Item#21. City of Meridian 1 Standard Operating Procedures Number 4.8.2 Leave Without Pay(LWOP) Purpose: To set forth the procedures regarding use of Leave Without Pay(LWOP). Procedures and Related Information: I. Part-time,Temporary, Seasonal Employees A. All part-time, temporary, or seasonal employees are eligible to request and receive this type of leave. B. The request must be reviewed and approved by the department director or designee. LWOP can only be approved for one (1)work week at a time. Employees shall not be allowed to have LWOP exceed three work weeks or the equivalent number of days per calendar year. C. LWOP forms are available on Human Resources Intranet Page. All department approved leave shall be submitted on the form and returned to Human Resources. D. Using LWOP when it is not approved is subject to discipline up to and including termination. E. Using LWOP for purposes of taking additional leave, other than what is protected by law, that creates a pattern of absence in the department director's estimation which is detrimental to job responsibilities and expected productivity or to the employee's work- group's responsibilities and expected productivity, may be subject to disciplinary action, up to and including termination. II. Regular Full-time Employees A. If an employee has exhausted all accrued vacation leave, or sick leave if applicable, and needs additional time for unforeseen circumstances they must request LWOP from their immediate supervisor with an explanation of the need for LWOP and the duration. B. The request must be reviewed and approved by the department director or designee. LWOP can only be approved for one (1)work week at a time. Employees shall not be allowed to have LWOP exceed three work weeks or the equivalent number of days per calendar year. Revision Date:12/14/202 Page 455 Item#21. C. LWOP forms are available on the Human Resources Intranet Page.All approved leave shall be submitted on the LWOP form and the form shall be returned to Human Resources. D. If the LWOP is approved then the employee's pay is reduced by the amount of hours of LWOP that is granted. LWOP will cause the employee's vacation and sick accruals to be reduced for that pay period. Each request for LWOP that meets or exceeds 50%of the employees' workweek will result in a loss of accrual of both vacation and sick leave of two (2) hours of each leave. E. If an employee is on LWOP status on the day before or after a City Holiday then they will not receive pay for the holiday either. F. Using LWOP for purposes of taking additional leave, other than what is protected by law, that creates a pattern of absence detrimental to job responsibilities and expected productivity or to the employee's work-group's responsibilities and expected productivity, may be subject to disciplinary action, up to and including termination. III. Unauthorized Leave Without Pay A. Employees are responsible to know whether they have adequate sick leave or vacation leave for any request for leave. Employees that use leave that hasn't been accrued at the time shall be subject to discipline. B. Using LWOP when it is not approved is subject to disciplinary action, up to and including termination. IV. Leave Without Pay Requests, Review, and Corrective Action A. Human Resources and Payroll are responsible to monitor LWOP and report violations to the department director or designee of the specific employee. B. Department Director or designee shall review the information provided and take corrective action, if warranted,within the pay period in which the leave occurred. Revision Date:12/14/202 Page 456 Item#21. City of Meridian 1 Standard Operating Procedure Number 4.9 Paid Parental Leave (PPL) Purpose: To set forth the City's procedures regarding paid parental leave that is offered to eligible employees. Procedures and Related Information: I. Definition Parental leave refers to paid time off following the birth of an employee's natural child or the legal placement of a child with an employee for the purposes of adoption. The maximum amount of paid parental leave, per eligible occurrence, is 480 hours(12 week equivalent). The 480 hours of paid parental leave may be used consecutively or intermittently but will run concurrently with the 12-week approved FMLA event. II. Eligibility A. Coverage and Eligibility: An employee's eligibility for Paid Parental Leave shall be made based on the employee's months of service and hours of work as of the date of the qualifying life event. Employees who become parents via birth, adoption are considered Eligible Employees if: 1. Employee is classified as Regular Full Time. 2. Employee must be eligible for Family and Medical Leave (FMLA)by being in pay status for at least 1,250 hours in the previous 12-month period. 3. Eligibility determinations are made as of the date that the child is born or placed via adoption. 4. If both parents are Eligible Employees, each may receive Paid Parental Leave. Both parents may take their leave simultaneously or at different times within the FMLA 12- week eligible period. B. Paid Parental Leave (PPL) provisions for represented employees in the Fire Department shall be governed by the provisions of the current collective labor agreement. III. Certification of Eligibility for Parental Leave A. Eligible Employees shall be required to certify that they will use Paid Parental Leave to give birth to a child or will use Paid Parental Leave to care for or bond with a child. B. Employees may be required to submit documentation (if applicable)to Human Resources. Official documents may include but not limited to: Revision Date:12/14/202 Page 457 Item#21. Qualifying Event Acceptable Documentation Adoption • Adoption Order • Proof of Placement Birth • Birth Certificate or Report of Birth • Custody Order • Proof of Placement C. Documents provided must show the date of birth or date of placement, if placement was other than the date of birth.The name of the legal parent must appear on the birth certificate, a legal document establishing paternity or a legal document establishing adoption. IV. Timecard Requirements: A. Eligible employees will account for paid parental leave hours using the"parental leave" column of the timecard. Eligible employees will also track FMLA hours in the "FMLA" column of the timecard,to run concurrently with the paid parental leave hours. Revision Date:12/14/202 Page 458 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 5.1 Group Health and Related Benefits Purpose: To set forth the City's policy regarding group health and related available benefits for eligible City employees. Policy: For all eligible employees, the City of Meridian provides comprehensive health,vision, dental, life, and short and long-term disability insurance, along with voluntary life insurance plans, deferred compensation limited disability programs,401K and a cafeteria plan. Employee and/or Family coverage is available to eligible employees provided the employee pays their premium share. Some of these benefits are fully paid by the City and others require the employee to share the cost of the premiums. Represented Fire employees should refer to the collective labor agreement for details regarding benefits. This policy shall be implemented pursuant to the Group Health and Related Benefits Standard Operating Procedures. Authority& Responsibility: Human Resources shall ensure that all employees are enrolled in appropriate benefits programs determinant upon the eligibility of the employee. Revision Date:12/14/202 Page 459 Item#21. City of Meridian 1 Standard Operating Policy Number 5.2 Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) Purpose: To outline the City's policy regarding the opportunity for employees to continue health-related benefits at their own expense after employment, reduction of hours, or while on an unpaid leave of absence of more than thirty(30) days. Policy: As per COBRA, employees and their qualified dependents are provided the opportunity to continue health insurance coverage under the City's health plan at their own cost following a qualifying event that would normally result in the loss of eligibility (e.g., termination, resignation, etc.). This policy shall be implemented pursuant to the Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) Standard Operating Procedures. Authority& Responsibility: Human Resources shall oversee the administration of this policy. Revision Date:12/14/202 Page 460 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 5.3 Public Employees Retirement System (PERSI) Purpose: To set forth the City's policy regarding the City's retirement plan under the Idaho State Public Employees Retirement System (PERSI) and eligibility for participation in the program. Policy: Consistent with State law, regular full-time and part-time employees (working twenty (20) hours or more in a work week) and seasonal employees (working eight(8) months or longer) at a minimum of twenty(20) hours per week is covered under the Public Employees Retirement System of Idaho (PERSI). This policy shall be implemented pursuant to the PERSI Retirement Program Standard Operating Procedures. Authority& Responsibility: Human Resources shall oversee the administration of this policy. Revision Date:12/14/202 Page 461 Item#21. City of Meridian 1 Standard Operating Policy Number 5.4 Education Reimbursement Purpose: To set for the City's policy regarding educational reimbursement provided by the City. Policy: The City encourages employees to expand their knowledge and skills through participation in outside educational programs during non-working hours. The City will assist regular full-time employees in furthering their education by contributing to the cost of approved taken at accredited institutions. This policy shall be implemented pursuant to the Education Reimbursement Standard Operating Procedures. Authority& Responsibility: Department Director, or designee, along with the Human Resources Department are responsible for administering this policy. Revision Date:12/14/202 Page 462 Item#21. City of Meridian 1 Standard Operating Policy Number 5.5 Director Benefits Program Purpose: To set forth the City's policy outlining fair and equitable benefits for the department directors of the City.The City acknowledges that the directors' work in excess of other positions within the City and hold the highest amount of accountability for the direction of the various Departments.The directors are accountable to the Mayor,the City Council, and the citizens of Meridian. Policy: The department directors of the City serve as appointees pursuant to Idaho Code.The expectation is that the director will perform and meet the expectations of the Mayor and City Council.This benefit plan was developed to insure that the City of Meridian can attract and retain the most qualified directors.This plan provides cost effective and positive incentives to recognize the value and enhancement quality executive personnel can provide to the benefit of Meridian and its citizens. This policy shall be implemented pursuant to the Director Benefits Program Standard Operating Procedures. Authority& Responsibility: Human Resources will be tasked to monitor and implement the requirements of this policy. Human Resources will further be responsible to keep the benefits provided under this policy current with the job market through its normal measures. Revision Date:12/14/202 Page 463 Item#21. City of Meridian 1 Standard Operating Policy Number 5.6 Retirement Match Program Purpose: To set forth the City's policy regarding the Retirement Match Program. Policy: In support of the City's Vision to provide competitive benefits for all employees post retirement needs, the City has established a retirement match program for all regular full time employees and elected officials contributing to an allowable Retirement Plan as defined in this policy. This policy shall be implemented pursuant to the Retirement Match Program Standard Operating Procedures. Authority& Responsibility: Human Resources is responsible for the administration of this policy. Revision Date:12/14/202 Page 464 Item#21. �WENt F City of Meridian Standard Operating Policy Number 5.7 Vacation Leave Accrual Rollover Program Purpose: To set forth the City's policy regarding the Vacation Leave Accrual Rollover Program. Policy: The Vacation Time Accrual Rollover Program was designed in support of the City's Vision to provide competitive benefits for all employees' post retirement needs. City Council has the authority to approve or deny the Vacation Leave Accrual Rollover Program at any time to maintain the financial stability of the City. This policy shall be implemented pursuant to the Vacation Leave Accrual Rollover Program Standard Operating Procedures. Authority and Responsibility: Human Resources Department is responsible for administering this Policy. Revision Date: 12/14 Page 465 Item#21. C�WF,Nt City of Meridian Standard Operating Procedures Number 5.1 Group Health and Related Benefits Purpose: To set forth the City's procedures regarding available group health and related benefits for eligible City employees. Procedures and Related Information: I. Regular full-time employees and City elected officials will receive a full packet of information explaining all benefits provided or offered through the City during their respective New Employee Orientation. Copies of the insurance summary plan documents are available through the Human Resources office as well as on the City Intranet Human Resources page. Benefits are subject to change and are not guaranteed. Questions regarding benefits should be directed to Human Resources. II. Insurance Coverage Group health, dental,vision and EAP insurance coverage, life insurance, short-term disability, and long-term disability for eligible employees begins on the first day of the month following the first date of employment. III. Seasonal employees may be eligible for benefits depending on the length of employment. For additional information contact Human Resources. Revision Date:12/14/202 Page 466 Item#21. C�WF,Nt City of Meridian Standard Operating Procedures Number 5.2 Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) Purpose: To set forth the City's procedures regarding the opportunity for employees to continue health-related benefits at their own expense after employment, reduction of hours, or while on an unpaid leave of absence of more than thirty(30) days. Procedures and Related Information: I. Qualifying Events The Federal Consolidated Omnibus Budget Reconciliation Act (COBRA) gives employees and their qualified beneficiaries the opportunity to continue health insurance coverage under the City's health plan when a "qualifying event"would normally result in the loss of eligibility. Some common qualifying events are resignation,termination of employment (for reasons other than gross misconduct), or death of an employee; a reduction in an employee's hours or leave of absence; an employee's divorce or legal separation; and a dependent child no longer meeting the eligibility requirements. II. Written Notification The City provides each eligible employee with a written notice describing rights granted under COBRA when employees become eligible for coverage under the City's health insurance plan. The notice contains important information about employees' rights and obligations. Employees will have sixty(60) days from the date of coverage loss or sixty(60) days from the date that they received such information, whichever is later,to elect continued coverage. III. Financial Responsibility Under COBRA,the employee or beneficiary pays the full cost of coverage at the City group rates plus an applicable administration fee. Coverage will end if any of the following events should occur:The City no longer provides group health coverage to any of its employees;the premium for continued coverage is not paid; the employee becomes covered as an employee or otherwise under another group health plan; or the employee becomes eligible for Medicare. IV. Any questions concerning COBRA rights should be directed to Human Resources. Revision Date:12/14/202 Page 467 Item#21. C�WF,Nt City of Meridian Standard Operating Procedures Number 5.3 Public Employees Retirement System (PERSI) Purpose: To set forth the City's procedures regarding the City's retirement plan under the Idaho State Public Employees Retirement System (PERSI) and eligibility for participation in the program. Procedures and Related Information: I. Employee Eligibility Regular full-time employees, part-time employees working twenty(20) hours or more in a work week, and seasonal employees working eight (8) months or longer at a minimum of twenty (20) hours per week are covered under the Public Employees Retirement System of Idaho (PERSI). II. Subscriber costs are paid by both the City and the employee. III. Questions regarding PERSI coverage and other benefits should be directed to Human Resources. Revision Date:12/14/202 Page 468 Item#21. City of Meridian 1 Standard Operating Procedure Number 5.4 Education Reimbursement Purpose: To set forth the City's procedures regarding educational reimbursement provided by the City. Procedures and Related Information: I. The City encourages employees to expand their knowledge and skills through participation in outside educational programs during non-working hours. II. The City will assist regular full-time employees by contributing to the cost of approved courses taken at accredited institutions.The City will reimburse up to $3,000.00 per accounting fiscal year for registration,tuition, fees and books.Travel and similar miscellaneous expenses are not reimbursable.The department director may consider reimbursement in excess of$3,000.00 for registration, tuition, fees and books with the prior approval of the Mayor.The funding for any additional reimbursement above the standard threshold must come from the department's current budget for training. Approval will be on an annual basis in conjunction with the City's annual budget development process. Students must pay the institution directly. No billing statements shall be sent to the City of Meridian finance or any other department for education reimbursement purposes. III. To be eligible for reimbursement the courses must be approved in advance of participation by the department director. IV. To qualify for education reimbursement, an employee must be employed with the City for six (6) months.To receive reimbursement, an employee must be on the payroll at the time the course has begun and completed.The course must be completed with a passing grade of C or better or a P on pass/fail basis. Reimbursement will be made after the successful completion of the course(s). Copies of grades, receipts for tuition, books, and fees must be submitted with the reimbursement request to Human Resources for processing. V. The Application for Education for Reimbursement Form is located on the Human Resources Intranet page or contact Human Resources. VI. Education Reimbursement provisions for represented employees in the Fire Department shall be governed by the provisions of the current collective labor agreement. Revision Date:12/14/202 Page 469 Item#21. City of Meridian 1 Standard Operating Procedures Number 5.5 Director Benefits Program Purpose: To set forth the City's procedures outlining additional benefits for the department directors of the City. Procedures and Related Information: I. The department directors shall receive the following benefits in addition to the other City benefits provided: A. No introductory period of employment; B. Annual Leave accrual at 18 hours per month with a maximum accrual of 432 hours; C. Ability to convert up to% of accrued vacation leave annually (maximum annual conversion amount is 100 hours) and direct it to a City deferred compensation plan (All IRS regulations must be adhered to); D. Upon beginning of employment,the director will receive a bank of 40 hours of sick leave and 16 hours of annual leave; E. The City will pay for an additional $80,000 in life insurance coverage above and beyond the City provided coverage; F. If necessary,the City will provide up to the 21 days of paid coverage to qualify for Short Term Disability program (STD). Directors own available leave must be applied first; G. If necessary,the City will provide "make-up" pay between STD and the director's salary for up to 90 days or until Long Term Disability(LTD) becomes available. Director's own available leave must be applied first; H. If necessary,the City will provide "make-up" pay between LTD and the director's salary for up to 90 days. Director's own available leave must be applied first. II. In areas where director benefits exceed regular employee benefits, directors shall receive the greater benefit. Revision Date:12/14/202 Page 470 Item#21. City of Meridian 1 Standard Operating Procedure Number 5.6 Retirement Match Program Purpose: To set forth the City's procedures regarding the Retirement Match Program and eligibility requirements. Procedures and Related Information: I. Eligibility a. All regular full time employees and elected officials contributing to an allowable Retirement Plan as defined in these procedures. b. Retirement Match provisions for represented employees in the Fire Department shall be governed by the provisions of the current collective labor agreement. II. Employer Match Amount a. The City of Meridian will match up to a maximum of 2%, or as approved by City Council, of all employee investments into an allowable Retirement Plan as defined in the procedures per pay period. b. The Retirement Match Program is not eligible for Vacation or Sick Time Accrual Rollover Programs. III. Allowable Retirement Programs a. The City of Meridian allowable deferred compensation retirement programs: i. PERSI Choice 401K ii. State 457 Pre-Tax Retirement Plan IV. Employee Match Amount a. Employees electing to participate in the City Retirement Program are limited to whole percentage contribution amounts. i. Allowable contribution amounts: 1. 1% 2. 2% V. Roles and Responsibilities a. Eligible employees are responsible for establishing an allowable retirement account. b. Eligible employees are responsible for notifying Human Resources of their Employee Contribution distribution to allowable retirement plans. c. Human Resources is responsible for managing all paperwork associated with employee contribution amounts. Revision Date:12/14/202 Page 471 Item#21. �WENt F City of Meridian Standard Operating Procedure Number 5.7 Vacation Leave Accrual Rollover Program Purpose: To set forth the City's procedures regarding the Vacation Leave Accrual Rollover Program. Procedures and Related Information: I. Eligible Employees A. All regular full-time employees who have been employed with the City for at least twenty-four(24) months. B. Vacation Leave Accrual Rollover provisions for represented employees in the Fire Department shall be governed by the current collective labor agreement. II. Minimum Vacation Balance Requirements A. All eligible employees must have an available accrued vacation leave balance of at least 50%of their maximum possible vacation balance as of March 31. III. Allowable Rollover Conversions A. All eligible employees may convert any amount of available accrued vacation hours greater than 50%of their maximum possible vacation balance as of March 31. B. All eligible employees must maintain a minimum vacation balance of at least 50%of the maximum allowable vacation balance to participate in the Vacation Leave Accrual Rollover Program. 1. Example a. Employee A currently has 200 accrued vacation hours as of March 31. b. Employee A has a maximum possible balance of 250 per policy. c. Employee A can convert up to 75 hours and participate in the Rollover Program. (1). 50%of maximum 250 balance = 125 maximum possible conversion amount. Revision Date: 12/14 Page 472 Item#21. i. Employee can only convert up to 50%of the maximum accrual balance. ii. Employee must maintain a minimum vacation balance of at least 50%of the maximum allowable vacation balance to participate in the Rollover Program. (2). 200 currently available vacation hours minus 125 =75 allowable hours to convert. IV. Allowable Redemption Methods A. All vacation rollover conversions will be conducted at a 1:1 ratio. B. All vacation rollover conversions will be invested into either City offered deferred compensation programs (employees are limited to one selection): 1. PERSI Choice 401k 2. 457 State Pre-Tax Retirement Plan C. All vacation rollover conversions will not be eligible for the Retirement Match Program. V. Conversion Hourly Rate A. All vacation rollover conversions will be conducted at a 1:1 ratio utilizing the employee's hourly rate following March 31st rollover period. VI. Rollover Period A. Rollover Period will be annually after March 31. B. Rollover conversion of investments will occur annually during the month of May. VII. Notification Requirements A. Employees are responsible for informing the Vacation Leave Accrual Rollover Program administrator annually of their rollover selections. B. Human Resources Department will be responsible for sharing available accrued vacation hours to all eligible employees. Revision Date: 12/14 Page 473 Item#21. City of Meridian 1 Standard Operating Policy Number 6.1 Life-Threatening Illness Purpose: To set forth the City's policy regarding working with employees who have a life-threatening illness. Policy: The City recognizes that employees with a life-threatening illness may wish to continue their employment.The City also recognizes that it must satisfy its legal obligation to provide a safe work environment for all employees, customers, and other visitors to its premises. As long as an employee with a life-threatening illness is able to perform the essential functions of his/her job in accordance with City policy,the employee may be permitted to continue work from their workplace or remote location as circumstances warrant. This policy shall be implemented pursuant to the Life-Threatening Illness Standard Operating Procedures. Authority&Responsibility: The interpretation and administration of this policy shall be the responsibility of the Human Resources Director or designee in accordance with ADA and HIPPA,the City's Remote Work Policy and Procedures, and other federal or state public health and safety regulations as may be applicable. Working locations will be determined by the department director or designee and the Human Resources Director or designee. Revision Date:12/14/202 Page 474 Item#21. City of Meridian 1 Standard Operating Policy Number 6.2 Use of City-Owned Equipment Purpose: To set forth the City's policy regarding the use by employees of City-owned equipment, resources, and assets, as individually or collectively defined in sections 6.2 through 6.2.7 of the City's Standard Operating Policies and Procedures. Policy: All City-owned equipment, resources, and assets shall be used solely for the purpose of meeting the City's operational, business goals, and objectives. All City-owned equipment, resources, and assets shall be used only for business purposes unless otherwise authorized. No unauthorized personal use of City- owned equipment, resources, and assets shall be allowed. This policy shall be implemented pursuant to the Use of City-Owned Equipment Standard Operating Procedures in conjunction with Sections 6.2.1 through 6.2.7 of the City's Standard Operating Policies and Procedures. Authority& Responsibility: Supervisors and department directors or designees are responsible to ensure that all City-owned equipment, resources, and assets within their areas of responsibility are used in accordance with Sections 6.2 through 6.2.7 of the City's Standard Operating Policies and Procedures. Revision Date:12/14/202 Page 475 Item#21. City of Meridian 1 Standard Operating Policy Number 6.2.1 Use of City Vehicles Purpose: To set forth the City's policy for the use of City vehicles by authorized employees as identified within this policy. Policy: As needed to perform the required functions of the job, an employee may be issued a City vehicle or be allowed to use a City vehicle. This policy shall be implemented pursuant to the Use of City Vehicles Standard Operating Procedures. Authority& Responsibility: Department Directors or designees shall ensure that all drivers are properly licensed, insured, and that they operate City vehicles in a safe and professional manner. Revision Date:12/14/202 Page 476 Item#21. City of Meridian 1 Standard Operating Policy Number 6.2.2 Use of City Copiers, Printers,Computers, Software, and Phone Systems Purpose: To set forth the City policy regarding the use of City-owned equipment specific to copiers, printers, computers, software, and phone systems. Policy: Use of City copiers, printers, computers, software, and phone systems shall be used to meet the City's operational and business purposes. Employees are allowed minimal use of these resources for personal use. Minimal use is defined as occasional or incidental. Employees are expected to exercise reasonable restraint regarding the frequency and duration of their personal use. Personal use shall not interfere with business needs and productivity, nor shall it cause the City to incur any undue costs. Although limited personal use of these resources may be permissible in accordance with this policy,such use does not give an employee a right or entitlement to such access and use. This policy shall be implemented in accordance with the City copiers, printers, computers, software, and phone systems Standard Operating Procedures. Authority& Responsibility: Supervisors and department directors or designees, along with the IT department, are responsible to ensure that all City copiers, printers, computers, software, and phone systems within their areas of responsibility are used appropriately. Revision Date:12/14/202 Page 477 Item#21. City of Meridian 1 Standard Operating Policy Number 6.2.3 Electronic Mail Purpose: To set forth the City's policy regarding the authorized use of the City's electronic mail (email) systems. Policy: Employees are provided access to email for the sole purpose of facilitating City operations and functions. Employees are allowed minimal use of email for personal use within the parameters of this policy and related procedures. Minimal use is defined as occasional or incidental. Employees are expected to exercise reasonable restraint regarding the frequency and duration of their personal use. Personal use shall not interfere with business needs and productivity. Although limited personal use of email on City computer systems may be permissible in accordance with this policy, such use does not give an employee a right or entitlement to such access and use. This policy shall be implemented pursuant to the Electronic Mail Standard Operating Procedures. Authority& Responsibility: Human Recourses in conjunction with IT shall be responsible to implement this policy. Human Resources will assist department directors or designees and supervisors to ensure that primary employee use of email is for business purposes. Employee email may be accessed in the performance of the duties of the member of the IT Department in setting up accounts,troubleshooting problems, maintenance of the system, and similar job-related duties. Revision Date:12/14/202 Page 478 Item#21. City of Meridian 1 Standard Operating Policy Number 6.2.4 Use of Internet Purpose: To set forth the City's policy regarding the use of Internet and all web-based computer applications. Policy: As with all City property, employees may use the Internet to increase productivity and for business purposes. Employees are allowed minimal use of the internet and all web-based computer applications for personal use. Minimal use is defined as occasional or incidental. Employees are expected to exercise reasonable restraint regarding the frequency and duration of their personal use. Personal use shall not interfere with business needs and productivity. Although limited personal use of the internet and web- based computer applications may be permissible in accordance with this policy, such use does not give an employee a right or entitlement to such access and use. Employees should not consider any use of the internet or web-based computer applications private. This policy shall be implemented pursuant to the Use of Internet Standard Operating Procedures. Authority& Responsibility: The IT Department Director or designee, in conjunction with the Human Resources Director has authority and responsibility to implement this policy. Supervisors and department directors or designees shall be responsible to ensure that employee use of the Internet is limited to business purposes and minimal personal use only.The IT Network Administrator may also have authorization as directed by the Mayor or Human Resources Director or designee to randomly review records of Internet usage to ensure compliance with this policy. Revision Date:12/14/202 Page 479 Item#21. City of Meridian 1 Standard Operating Policy Number 6.2.5 Credit Cards Purpose: To set forth the City's policy regarding the use of City-issued credit cards. Policy: As with all City-owned property and resources, credit cards issued by the City to employees or departments are to be used specifically for authorized business purposes. Personal use of City credit cards is strictly prohibited. This policy shall be implemented pursuant to the Citywide Finance Credit Card Policy and Procedures. Authority& Responsibility: Department Directors, or designees'are responsible to ensure that employee use of credit cards is for authorized business purposes only.The Finance Director shall be responsible to ensure that all purchases with City credit cards are for legitimate business purposes and within budgetary guidelines. Revision Date:12/14/202 Page 480 Item#21. C��W, IDIAN�-- City of Meridian Standard Operating Policy Number 6.2.6 Mobile Devices Purpose: To set forth the City's policy regarding the use of personal and City owned mobile devices,taxable allowance for personal mobile devices, and email used on mobile devices.Throughout this policy the term "mobile device" includes cellular phones, smartphones, tablets, etc. Policy: The purpose of this policy is to provide employees with a set of requirements governing the use of mobile devices, taxable allowance criteria, and conditions for business use of personal mobile devices. This policy shall be implemented pursuant to the Mobile Devices Standard Operating Procedures. Authority& Responsibility: IT shall be responsible for administering this policy. Department Directors or designees have the responsibility to manage their employees regarding the need and use of mobile devices for City business. Revision Date:12/14/202 Page 481 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 6.2.7 Use of the Fitness Facility in City Hall Purpose: To set forth the City's policy regarding the use of the Fitness Facility in City Hall by any City employee regardless of assigned work location. Policy: Employees are encouraged to participate in active physical activity whenever feasible, and if necessary, with a physician's approval. In an effort to support physical fitness,the City of Meridian has provided a Fitness Facility within City Hall to allow employees the opportunity to participate in physical activity. All City employees have access to the City Hall Fitness Facility. The Fitness Facility is for employee use only. The use of the Fitness Facility and participation in physical activity is voluntary and is not mandated or required for the continuing employment of any employee unless specifically required by their job duties and assignment. Physical exercise and activity are not work related for the purpose of worker's compensation. This policy shall be implemented pursuant to the Use of the Fitness Facility in City Hall Standard Operating Procedures. Authority& Responsibility: Supervisors, department directors, or designees have the authority and responsibility to enforce the proper use of the Fitness Facility in City Hall and may seek guidance from Human Resources at any time. Revision Date:12/14/202 Page 482 Item#21. City of Meridian 1 Standard Operating Policy Number 6.3 Training and Development Purpose: To set forth the City's policy regarding the City's support for employee job-related development and training. Policy: The City is committed to providing employees with the training and development resources they need to effectively perform job duties and to continually improve their performance. Employees attending required training programs (either at City facilities or in other locations) shall be compensated for time spent in such training. This policy shall be implemented pursuant to the Training and Development Standard Operating Procedures. Authority& Responsibility: Department Directors or designees shall be responsible for authorizing job-related training for employees as per budgetary guidelines and as appropriate.The Human Resources Director or designee shall oversee the provision of internal training sponsored by the City. Revision Date:12/14/202 Page 483 Item#21. City of Meridian 1 Standard Operating Policy Number 6.4 Absenteeism and Tardiness Purpose: To set forth the City's policy regarding attendance and tardiness expectations for City employees. Policy: City employees are required to adhere to department attendance and tardiness expectations, including timely reporting of absences or tardiness so departments can work efficiently and meet customer service standards. This policy shall be implemented pursuant to the Absenteeism and Tardiness Standard Operating Procedures. Authority& Responsibility: Supervisors are responsible for monitoring the attendance and related records of their employees. Revision Date:12/14/202 Page 484 Item#21. City of Meridian 1 Standard Operating Policy Number 6.5 Bulletin Boards Purpose: To set forth the City's policy regarding posting announcements or activities on City provided bulletin boards in City facilities. Policy: The City shall provide bulletin boards in each facility for the purpose of posting State and Federal laws, City-related announcements and information where employees have a consistent point of reference. No personal or outside vendor or business information or solicitation is to be placed on City bulletin boards. This policy shall be implemented pursuant to the Bulletin Boards Standard Operating Procedures. Authority& Responsibility: Human Resources, supervisors, and department directors or designees shall ensure that bulletin boards are securely hung in their facility, easily accessible to all employees, and that only approved materials and information are posted. Revision Date:12/14/202 Page 485 Item#21. City of Meridian 1 Standard Operating Policy Number 6.6 Driver's License Requirements Purpose: To set forth the City's policy regarding driver's license requirements for positions that require a valid driver's license as a normal part of job qualifications. Policy: Employees whose position involves the driving of City or personal vehicles as a normal part of the job shall require and maintain a current driver's license valid in the State of Idaho. Drivers will also need to have and maintain a driving record insurable by the City. This policy shall be implemented pursuant to the Driver's License Requirements Standard Operating Procedures. Authority and Responsibility: Supervisors who oversee employees with driving responsibilities are to ensure that they have a current, valid driver's license and that they maintain a driving record insurable by the City. Employees are responsible for immediately reporting loss of license, loss of driving privileges, or traffic violations that may affect insurability to their supervisor. Revision Date:12/14/202 Page 486 Item#21. City of Meridian 1 Standard Operating Policy Number 6.7 Emergency Closure Purpose: To set forth the City's policy regarding emergency closure practices of City facilities and/or services due to emergency conditions or unusual weather. Policy: The Mayor and City Council may, under extraordinary circumstances, declare an emergency closure of non-essential City facilities and/or services due to emergency conditions and/or unusual weather conditions that pose a risk to the safety of City facilities, employees, or the general public. This policy shall be implemented pursuant to the Emergency Closure Standard Operating Procedures. Authority& Responsibility: The Mayor shall have primary responsibility for determining the closure of City facilities and/or services due to unusual weather or emergency conditions.Where the Mayor is not available,the City Council shall have the responsibility to determine appropriate closures. Revision Date:12/14/202 Page 487 Item#21. City of Meridian 1 Standard Operating Policy Number 6.8 Nepotism Purpose: To set forth the City's policy regarding when family members of current City employees, elected officials, or appointed officials may be employed. Policy: The City shall not unlawfully discriminate in its employment practices due to an individual's protected class status. However,the City will not employ immediate family of current City employees, elected officials, or appointed officials where such employment would create a conflict of interest or the potential for unethical behavior as defined within this policy. This policy shall be implemented pursuant to the Nepotism Standard Operating Procedures. Authority& Responsibility: Human Resources shall enforce this policy once it becomes known that related individuals are employed in situations that create or have potential for creating a conflict of interest or create the potential for unethical behavior to occur. Department Directors or designee and supervisors are responsible for enforcing this policy within their departments. Employees are responsible for disclosing any relationship as identified within this policy. Revision Date:12/14/202 Page 488 Item#21. City of Meridian 1 Standard Operating Policy Number 6.9 Safety Purpose: To set forth the City's policy for maintaining a safe work environment for the well-being of its employees. Policy: The City is committed to a work environment that is safe and as free as practical from health and safety hazards.The City and all departments and employees shall comply with all local, state, and federal guidelines regarding employee safety. Each department shall develop safety procedures specific to its operations in order to ensure safe operating practices.All injuries, accidents, and violations of this policy must be reported immediately to department directors and the Human Resources Director or designee. This policy shall be implemented pursuant to the Safety Standard Operating Procedures. Authority& Responsibility: All employees are responsible for working in a safe manner so as to prevent injury and accident in the workplace. Supervisors and department directors are responsible for maintaining a safe work environment and providing guidance and training to employees in order to maintain such an environment. Human Resources shall be responsible for providing general employee training regarding safety, as well as to administer the forms and procedure for work-related injuries and accidents (including Workers' Compensation). Revision Date:12/14/202 Page 489 Item#21. City of Meridian 1 Standard Operating Policy Number 6.10 Political Activities Purpose: To set forth the City's policy regarding when City employees and City volunteers can be involved in political activities. Policy: The City encourages City employees and City volunteers to be involved in political activities while off- duty. However, City employees and City volunteers are to remain neutral and refrain from expressed preference regarding any election while on duty and/or when in a City uniform or other identifiable City attire. City employees and City volunteers involved in political activities shall ensure that such activity in no way violates this policy or hinders work performance or assigned volunteer duties. This policy does not apply to elected officials. This policy shall be implemented pursuant to the Political Activities Standard Operating Procedures. Authority&Responsibility: Human Resources shall have the authority and responsibility for administering this policy. Revision Date:12/14/202 Page 490 Item#21. City of Meridian 1 Standard Operating Policy Number 6.11 Gifts&Gratuities Purpose: To set forth the City's policy regarding when City employees, appointed, and elected officials may accept gifts, money, and/or gratuities offered from outside organizations or individuals. Policy: City employees, appointed, and elected officials are prohibited from accepting gifts, money, and/or gratuities from organizations,vendors, contractors or their agents in value over$50 in accordance with local, state, and federal guidelines and laws. This policy shall be implemented pursuant to the Gifts &Gratuities Standard Operating Procedures. Authority&Responsibility: Each employee, appointed, and elected official is responsible for tracking and reporting gifts and gratuities in excess of$50 from outside vendors, organizations, contractors, or others that are received in the capacity of a City employee, appointed, and/or elected official. Human Resources in conjunction with supervisors and department directors are responsible for enforcing this policy at the department level.The City Attorney shall be consulted for matters involving the Mayor, City Council, and appointed officials. Revision Date:12/14/202 Page 491 Item#21. City of Meridian 1 Standard Operating Policy Number 6.12 Solicitation Purpose: To set forth the City's policy regarding non-work-related solicitation in the workplace. Policy: No organization or non-employee individual may solicit any City premise or employee for contributions, membership, participation, etc.that is not generally open to the public. Employees are prohibited from soliciting during work hours, but may make reasonable solicitations during breaks and mealtimes. This policy shall be implemented pursuant to the Solicitation Standard Operating Procedures. Authority& Responsibility: The Mayor shall be responsible for any exception to this rule or any authorization for solicitation by an outside organization or individual. Supervisors and department directors or designees are responsible for ensuring that employee solicitations are conducted properly that outside solicitors are directed to the Mayor for approval prior to allowing them to solicit on City premises. Revision Date:12/14/202 Page 492 Item#21. City of Meridian 1 Standard Operating Policy Number 6.13 Outside Employment Purpose: To set forth the City's policy for employees regarding outside employment in addition to their duties and responsibilities for their employment at the City. Policy: City employees are not prohibited from additional employment outside of the City so long as it does not interfere with their performance of duties and responsibilities for their City position. Outside employment that reflects negatively on the City or is illegal is prohibited. If the outside employment is approved and at a later point in time a conflict or negative impact of the outside employment occurs, then the approval can be rescinded. This policy shall be implemented pursuant to the Outside Employment Standard Operating Procedures. Authority& Responsibility: Department Directors or designees are responsible for determining whether outside employment is in conflict or otherwise negatively impacts the employee's performance of duties and responsibilities for his/her City position. The Mayor is responsible for determining whether outside employment is in conflict or negatively impacts a director's performance of duties and responsibilities. Revision Date:12/14/202 Page 493 Item#21. City of Meridian 1 Standard Operating Policy Number 6.14 Appropriate Clothing Attire for Work Purposes and Procurement Purpose: To set forth the City's policy regarding appropriate employee attire for the workplace and the use of City funds for the procurement of work clothing and uniforms. Policy: It is important that City employees acknowledge that they are the "Face of the City' and their personal appearance is reflective of the City as a whole. All staff members are expected to present a professional, businesslike image to clients,visitors, customers, and the public. Employees are expected to dress appropriately in business casual attire. Employees are expected to demonstrate good judgment and professional taste.The attire worn should be appropriate for the job performed and appropriate for the necessary public contact that the job requires. Furthermore, City employees may be issued clothing for work purposes. This clothing may be required to be worn during work to identify the individual as a City employee. Each department may have different articles of clothing purchased for this purpose. Additionally, articles of clothing may be purchased by an employee with the approval of their supervisor as an employee incentive. Employees are held to the same standards of conduct and behavior whether it is during their normally scheduled work period or not when they are wearing identifiable City of Meridian attire. This policy does not apply to the clothing or allowance supplied to represented Fire employees pursuant to the collective labor agreement. This policy shall be implemented pursuant to the Appropriate Clothing Attire Standard Operating Procedures. Authority& Responsibility: The department director or designee shall be responsible for setting the standard of attire appropriate for their department.The department director or designee will approve all purchases of work clothing or uniforms either by an established policy and procedure or by individual approval of purchase order. The department director has the final authority in regards to all purchased clothing. Revision Date:12/14/202 Page 494 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 6.15 City Hall Employee Parking Permits Purpose: To set forth the City's policy regarding issuance and use of a City Hall Employee Parking Permit. Policy The City shall provide each full and part-time employee whose primary work location is City Hall with one permit to park in designated City employee parking lots. Such permit provides the employee the opportunity to park in City Hall employee designated parking lots only if a parking space is available.A parking permit does not guarantee any employee a parking space. City Hall employees may need to find other parking if City designated parking lots are full. Employees using marked emergency vehicles for Police and Fire may park in the FRONT Lot without a City Hall Employee Parking Permit. This policy shall be implemented pursuant to the City Hall Employee Parking Permits Standard Operating Procedures. Authority& Responsibility: The Human Resources Department shall be responsible to administer this policy. Revision Date:12/14/202 Page 495 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 6.16 Employee Identification/Prox Cards Purpose: To set forth the City's Policy regarding employee identification/prox cards (ID/Prox card)that must be worn and visible at all times while working. Policy: Every employee of the City shall be issued an ID/Prox card.The ID/Prox card serves as identification and allows for access to City Hall and/or other City work locations. Employee access via ID/Prox cards will be set for certain times of the day and locations within City Hall and/or other City work locations. ID/Prox cards are the property of the City of Meridian and must be returned upon separation of employment. This policy shall be implemented pursuant to the Employee Identification/Prox Cards Standard Operating Procedures. Authority& Responsibility: Human Resources shall be responsible for implementing this policy other than for Police personnel. Police personnel shall be issued their ID/Prox cards through the Chief of Police's Office. Supervisors are responsible for ensuring that proper employee ID/Prox cards are worn and visible at all times during work hours. Revision Date:12/14/202 Page 496 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 6.17 Requests for Public Records or Information Purpose: To set forth the City's policy regarding its commitment to comply with the Idaho Public Records Act. Policy: The City of Meridian and its employees shall comply with the Idaho Public Records Act and will respond to public record requests as soon as practicable and without unreasonable delay. This policy applies to all City employees and departments, with the exception of the Meridian Fire and Police Departments and their employees, to the extent that these departments have a specific, pre- existing public records disclosure policy in place. This policy shall be implemented pursuant to the Requests for Public Records or Information Standard Operating Procedures. Authority& Responsibility: The Clerks' Office is the official custodian of all City records and shall make final decisions regarding the administration and interpretation of this policy in consultation with the City Attorney's Office. Supervisors and department directors shall ensure compliance with this policy within their respective departments. Revision Date:12/14/202 Page 497 Item#21. City of Meridian 1 Standard Operating Policy Number 6.18 Conflict of Interest Purpose: To set forth the City's Policy regarding conflict of interest as it applies to employees and others acting on behalf of the City. Policy: It is the City's policy that all employees and others acting on behalf of the City be free from actual or perceived conflicts of interest to assure the public that all transactions of the City are not compromised by a lack of independent judgment, objectivity, or fairness. This policy shall be implemented pursuant to the Conflict of Interest Standard Operating Procedures. Authority& Responsibility: The City Attorney and Human Resources shall be empowered to act to assist departments in identifying and eliminating conflicts of interest whenever possible. The Mayor and City Council may agree to jointly waive said conflict. This policy shall not apply to the City's Youth-Work-Life Skills program. Revision Date:12/14/202 Page 498 Item#21. City of Meridian 1 Standard Operating Policy 6.19 Social Media Policy Purpose: To set forth the City's policy on the use of social media by City of Meridian employees and elected officials. Policy: The City of Meridian has an overriding interest and expectation in deciding what is "spoken" on behalf of the City on City social media sites. City social media sites may be established and operated only in full compliance with this policy. The City may monitor employees' personal use of social media for compliance with this policy.This policy shall apply to all employees and elected officials in their personal and work-related use of social media sites. This policy shall be implemented pursuant to the Social Media Standard Operating Procedures. Authority& Responsibility: The Communications Manager/Site Administrator shall be responsible for the correct implementation, operation, and maintenance of City social media sites in accordance with this policy. Directors, or designees, and supervisors shall ensure compliance with this policy within their respective departments with possible consultation with the City Attorney or designee. Revision Date:12/14/202 Page 499 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 6.28 Use of Unmanned Aerial Vehicles(Drones) Purpose: To set forth the City's policy regarding the use of City-owned unmanned aircraft, or Drones by City employees. Policy: Unmanned aerial vehicles, also known as drones, offer cost-efficient opportunities for City staff to take photographs, make videos, and gather data to fulfill City functions with improved efficiency and quality. City employees may use drones for purposes that serve the community, benefit Meridian residents and visitors, and protect the privacy and safety of the public. This policy shall apply to all City employees and departments in using City-owned drones,with the exception of the Meridian Police Department,to the extent that that department has a specific policy in place for the use of drones by law enforcement officers. This policy shall be implemented pursuant to the Use of Unmanned Aerial Vehicles (Drones) Standard Operating Procedures. Authority& Responsibility: Department Directors shall ensure compliance with this policy within their respective departments. Revision Date:12/14/202 Page 500 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.1 Life-Threatening Illness Purpose: To set forth the City's procedures for working with employees who have life-threatening illnesses. Procedures and Related Information: I. The City recognizes that employees with life-threatening illnesses including, but not limited to cancer, HIV/AIDS, and heart diseases etc., may wish and be able to work on a modified or flexible schedule.The City will seek to accommodate such employee by allowing him/her to work for as long as he/she is able to perform essential job functions, with or without reasonable accommodations, provided that medical evidence establishes that continuing to work does not present a direct health threat to the affected employee or others. II. Whenever possible,the City will accommodate the needs of employees with life-threatening illnesses.The City also recognizes its obligation to provide a safe work environment for all employees.Therefore, supervisors, and department directors or designee should seek appropriate direction from Human Resources, if necessary,to ensure that an employee's condition does not pose a substantial or unreasonable risk of harm to himself/herself or others. III. The City does not discriminate against any qualified applicant or employee with a life- threatening illness with regard to job application, hiring,job performance, training, development, promotion, demotion,transfer, compensation, benefits, educational assistance, layoff and recall, and termination or other terms, conditions, and privileges of employment. IV. When the City receives notice from an employee or applicant of life-threatening illness that prevents an otherwise qualified applicant or employee from performing a job,the City will assess (upon request)whether any reasonable accommodation would allow the person to perform the essential job functions. An accommodation which creates an undue hardship on the City or which endangers health or safety is not a reasonable accommodation. V. Individuals diagnosed with a life-threatening illness are encouraged to contact Human Resources to discuss any special needs or conditions associated with the illness and whether a reasonable accommodation may be required or available. VI. References:The City's Remote Work Policy and Procedures and the City's Americans with Disabilities Act Policy and Procedures should be consulted in conjunction with these procedures. Revision Date:12/14/202 Page 501 Item#21. VII. Resources The City offers the following resources to assist employees and their supervisors in dealing with these issues: A. Management and employee education and information on life-threatening illnesses; B. Confidential referrals upon request,to supportive services available to employees and their dependents affected by life-threatening illnesses; and C. Benefit information to assist employees in maximizing their available health and other benefits. Revision Date:12/14/202 Page 502 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.2 Use of City-Owned Equipment Purpose: To set for the City's procedures regarding the use by employees of City-owned equipment, assets, and resources, as defined in these procedures. Procedures and Related Information: I. Definition -City-owned equipment and resources include all assets, property, materials, etc., that are purchased by the City for operational, business, and functional use. Such items may include, but are not limited to,telephones, use of long-distance services, cellular telephones, voicemail, copier machines, fax machines, (Pads, laptops, surface tablets, computers and all related equipment and software (including email, internet, etc.), office supplies,tools, vehicles, etc. II. The primary purpose and use of City-owned equipment by employees is to conduct City operations and business. III. Personal use by employees of City-owned equipment should be limited and not impair productivity during the work day. Prior permission may be required for use of certain equipment as determined by the department director or designee. IV. Employees are expected to care for equipment according to safety and preventive maintenance standards and to operate equipment in accordance with federal, state, and local requirements. The safety of employees and the maintenance of City equipment is paramount to the City and its operations. V. Any abuse or misuse of City equipment may result in disciplinary action up to and including termination of employment. Revision Date:12/14/202 Page 503 Item#21. City of Meridian Standard Operating Procedure Number 6.2.1 Use of City Vehicles Purpose: To set forth the City's procedures for the use of City vehicles by authorized employees as identified within this policy. Procedures and Related Information: I. An employee may be issued a City vehicle or be allowed to use a City vehicle as needed to perform the required functions of the job.All vehicle operation and use shall follow department guidelines in addition to these procedures. II. A copy of the employee's valid driver's license shall be placed in his/her employee file. Employees are responsible to provide information to Human Resources if their driver's license is suspended or invalid for any reason. If the employee's license is suspended or invalid,that employee cannot drive a City vehicle until he/she provides proof that his/her their license is reinstated and valid. III. Anyone operating or riding in City vehicles must wear their seat belts when the vehicle is in motion. IV. City vehicles are to be used solely for City business purposes, unless at the direction of the department director personal use is authorized for specific and limited circumstances. V. City vehicles that are assigned to personnel for use off duty may be used for limited personal use. VI. Drivers of City vehicles shall not text and drive. VII. Drivers of City vehicles shall not talk on a phone while driving without the use of hands-free technology. This shall not apply to emergency responders when they are responding to an emergency. VIII. Any abuse or misuse of City vehicles is subject to disciplinary action, up to and including termination. Revision Date:12/14/202 Page 504 Item#21. C�WF,Nt r.� City of Meridian Standard Operating Procedures Number 6.2.2 Use of City Copiers, Printers,Computers, Software, and Phone Systems Purpose: To set forth the City's procedures regarding the use of City-owned equipment, specifically copiers, printers, computers, software, and phone systems. Procedures and Related Information: I. Copiers, Printers, and General Office Equipment. A. copiers, printers, and other general office equipment are to be used for business purposes. Although these are tools primarily used to accomplish business and work- related communication, employees may also use them for personal reasons provided these procedures are followed. Personal use should be limited and not impair productivity. Use not consistent with these procedures shall be prohibited. II. Computers A. City computers are to be used for business purposes.Although computers are a tool primarily for work-related communication, it is recognized from time to time that they may be used for personal reasons consistent with these procedures. Personal use should be limited and not impair productivity. All computer equipment, including but not limited to data, software, and accessories, is City property. B. The City shall have the right to monitor use of such property at any time. Users shall not have any expectation of privacy as to the use of City computers, including but not limited to email communications and internet information that is drafted, accessed, received, sent,forwarded, copied, or downloaded. Nothing contained on City computers shall be deemed private or confidential to the user. C. The City, at all times, reserves the right to conduct searches and inspections and otherwise monitor all computer-related information, data, communications, all files stored in City information systems owned or leased by the City, or on any other storage medium provided by the City for City business, including but not limited to USB drives, flash media, hard drives, discs, storage media in cell phones, copiers, or other devices, in order to monitor compliance with these procedures. D. Employees are not to place personal copies of software on any City computer. Employees may have limited personal data on a City computer as long as such data does not create a liability or risk to the City. Revision Date:12/14/202 Page 505 Item#21. E. The City may remove any unauthorized software or data on a City computer at anytime without notice to the user. III. Software A. The City will adhere to all software licensing and subscription agreements and copyright laws. B. City licensed software shall only be used for authorized work-related activities. C. Employees will only use software that has been approved by the IT department and licensed appropriately. D. Only IT will install software unless express written consent has been granted to an employee. IV. Phone Systems A. The City's phone systems are designed to increase productivity and efficiency, and should be used accordingly. City phones are to be used for business purposes. Although the phone systems are tools primarily for work- related communication, it is recognized from time to time that they may be used for personal reasons consistent with these procedures. Personal use should be limited and not impair productivity, nor shall it cause the City to incur undue costs. B. The City may randomly monitor phone use and voicemail messages to determine whether any unauthorized persons are using the system, or whether any violations of City policy have occurred. V. Damage, Loss,Theft, Misuse of City copiers, printers, computers, software, and phone systems A. Refer to Standard Operating Policy and Procedures, 7.5., Standards of Conduct and 7.6, Prohibited Activities in Workplace Conduct. Revision Date:12/14/202 Page 506 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.2.3 Electronic Mail Purpose: To set forth the City's procedures regarding the authorized use of the City's electronic mail (email) systems. Procedures and Related Information: I. Email is any electronic communication between two or more individuals and may contain any form of combination of text, audio,video, drawings, or photographic representation. II. Email is a privilege not a right. Email is a tool primarily for work-related communications. Although it is recognized from time to time that it is used for personal correspondence, this purpose should be limited.Any personal email is subject to the same rules and conditions in this policy as work-related email including the ability to be viewed by others to assure compliance with this policy.There is no privacy right of any kind for email. Users have the responsibility to use email in an efficient, effective, ethical, and lawful manner. Email communications shall comply with all applicable federal, state, and local laws and regulations, as well as the City's policies and procedures adopted regarding electronic mail. Email should be courteous and respectful to the recipient(s). III. All email accounts maintained on City systems are the sole property of the City.The City shall have the right to monitor any employee's electronic mail account.All employees are required to report unauthorized or inappropriate use of any electronic mail account. Similarly, any unauthorized or inappropriate use(s) discovered during monitoring activities shall be reported to the appropriate supervisor for determination of appropriate action. IV. Third party email services (gmail,yahoo, etc)shall be not used for City business. V. Users shall not expect their electronic mail communications, documents, or other information to be private and shall not use the electronic mail system for matters that are not intended for public disclosure. Confidential matters, permitted by law, shall be so marked and shall include a warning regarding accidental transmission to a third-party. VI. Electronic mail messages shall be considered City property, constitute official records of the City, and are subject to existing document retention and public records policies. Sending data via electronic mail shall be considered the same as sending correspondence or official memo or letterhead. VII. Employees shall not pursue, obtain, exchange, attach or distribute any malicious or non- authorized information that could cause congestion or disruption to electronic mail systems such as screen savers, audio or video clips, or be in violation of any licensing agreement. Revision Date:12/14/202 Page 507 Item#21. Vill. Employees using the City's web account via Microsoft Outlook should use it only to perform work for the City and in connection with the employee's job. However, it is recognized from time to time that email may be used for personal correspondence;this purpose should be limited. IX. Any communication related to an employee's personally owned business should not be conducted using City email, or other City resources. X. Designated employees have been assigned a personal password. No employee shall give out this password to anyone other than his/her department head. Passwords may be changed to maintain security. XI. Employees shall not access another employee's email without authorization from the employee and employees' supervisors. XII. Prohibited Use of Email Use of email as described below is strictly prohibited.This list is not all-inclusive, and employees are expected to use common sense in determining appropriate use of email. A. Knowingly or intentionally creating, publishing,transmitting, and/or exchanging messages that are inappropriate, offensive, harassing, obscene, or threatening; B. Creating or distributing email containing defamatory,false, inaccurate, abusive, threatening, racially offensive, or otherwise biased, discriminatory or illegal material; C. Viewing or distributing obscene, pornographic, profane, or sexually oriented material; D. Violating laws, rules, and regulations prohibiting sexual harassment; E. Encouraging the use of controlled substances for criminal or illegal purposes; F. Engaging in any activities for personal gain; G. Distributing copyrighted information without permission; H. Distributing advertisements for commercial enterprises, including but not limited to goods, services, or property, unless such advertisements are part of requested vendor information to be used in carrying out City business; I. Violating or infringing upon the rights of others; J. Conducting business unauthorized by the City; K. Transmitting incendiary statements,which might incite violence or describe or promote the use of weapons; Revision Date:12/14/202 Page 508 Item#21. L. Conducting any non-City supported fundraising or public relations activities; M. Exchanging proprietary information,trade secrets, or any other privileged, confidential, sensitive information that is not authorized; N. Creating or exchanging solicitations, chain letters, and other unsolicited email; O. Registering to list servers unrelated to City business, without proper authorization; P. Lobbying elected officials or engaging in any other political activity prohibited by law, or using email system for any illegal purpose; Q. Using City email designations such as, but not limited to: @meridiancity.org, @ci.meridian.id.us, or @cityofineridian.org mailing list aliases for the purpose of promoting an election campaign; R. Sending unsolicited external commercial E-mail commonly referred to as spam; S. Subscribing someone other than yourself to a mailing list, except for approved official city business; T. Sending email that is designed to damage the target system when executed or opened; for example, sending malicious programs or viruses attached to an email; U. Sending email that is designed to cause confusion, consternation,fear, uncertainty, or doubt, such as fake virus warnings. XIII. Employees/users who receive information of the type described above shall not forward or respond to the material, and shall immediately report receipt of such material to the IT Department for proper disposition. XIV. City-wide or Department-wide Emails City-wide emails are electronic communication through the City's email system that is directed to all or almost all employees of the City. Department-wide emails are similar except for the direction of the emails to an individual department rather than to the City as a whole. Generally, employees are prohibited from sending City-wide or Department-wide emails.This prohibition shall also apply to replying to all recipients of an approved City-wide or Department- wide email. Employees may be authorized to send emails of this nature under the following conditions: A. The email is authorized by the employee's department director or the Mayor; and Revision Date:12/14/202 Page 509 Item#21. B. The intent of the email is to inform the greatest number of employees with information that is directly related to City business or the promotion of a City program or event; and C. The email must be sent as a Bcc email. Xv. Any violations of this policy and these procedures may result in disciplinary action up to and including termination. Revision Date:12/14/202 Page 510 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.2.4 Use of Internet Purpose: To set forth the City's procedures regarding the use of Internet and all web-based computer applications. Procedures and Related Information: I. Access to the Internet shall be for legitimate business purposes, as determined by the City. Employees may use the Internet to increase productivity. Although the Internet is a tool primarily for work-related business and communication, it is recognized from time to time that it may be used for personal reasons consistent with these procedures. Personal use should be limited and not impair productivity. II. Employees are expected to comply with all City policies that may be applicable to the Internet. These include, but are not limited to, confidentiality, harassment, solicitation, outside employment, and business ethics. III. Employees may not download, store, transmit, or display any kind of image or document on any City system that violates federal, state or local laws or regulations, or that violates any City adopted policies, procedures, standards, or guidelines. IV. If an employee accidentally connects to a site that contains sexually explicit or otherwise offensive material, he/she shall disconnect from the site immediately and report the incident to his/her supervisor. V. Internet access is considered City property and the City has the right to monitor the use of such property at any time.Therefore, users shall not have any expectations of privacy as to their Internet usage through City computers or networks. VI. This list is not all-inclusive; use of the Internet as described below is strictly prohibited. A. Viewing or distributing obscene, pornographic, profane, or sexually oriented material; B. Violating laws, rules, and regulations prohibiting harassment and discrimination; C. Encouraging the use of controlled substances for criminal or illegal purposes; D. Engaging in any activities for personal gain; E. Obtaining or distributing copyrighted information without permission; Revision Date:12/14/202 Page 511 Item#21. F. Obtaining or distributing advertisements for commercial enterprises, including but not limited to goods, services or property, unless such advertisements are part of requested vendor information to be used in carrying out City business; G. Violating or infringing upon the rights of others; H. Conducting business unauthorized by the City; I. Obtaining or distributing incendiary statements,which might incite violence or describe or promote the use of weapons; J. Obtaining or exchanging proprietary information,trade secrets, or any other privileged, confidential, or sensitive information that is not authorized; K. Engaging in any political activity prohibited by law; L. Using the system for illegal purpose. VII. Employees shall not knowingly or willfully create or propagate any virus, malware, worm, Trojan horse or other destructive program code. All items downloaded from the Internet to the City's system or website are to be scanned for viruses. A. All internet access is subject to information security controls which includes but is not limited to monitoring and scanning for malicious software or activity. VIII. Violations of these procedures may result in disciplinary action up to and including termination. Revision Date:12/14/202 Page 512 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.2.5 Credit Cards Purpose: To set forth the procedures for appropriate use of City-issued credit cards. Procedures and Related Information: I. The City may provide credit cards for specific business purposes. Purchases of products or services for personal use are not allowed. II. Under no circumstances will a City credit card be used for personal expenses and/or purchases. Unauthorized personal use of City credit cards may be treated as personal theft and/or embezzlement, which may result in collection efforts (to recuperate related costs) as well as appropriate disciplinary action, up to and including termination. III. Violation of this policy may result in loss of credit card privileges and/or disciplinary action, up to and including termination. IV. No employee is authorized to open a charge account. Only the Finance Director can authorize charge accounts. Revision Date:12/14/202 Page 513 Item#21. C��W, IDIAN�-- City of Meridian Standard Operating Procedure Number 6.2.6 Mobile Devices Purpose: To set forth the City's procedures for the use of personal and City owned mobile devices,taxable allowance for personal mobile devices, and email used on mobile devices.Throughout this procedure the term "mobile device" includes cellular phones, smartphones,tablets, etc. Procedures and Related Information: I. Use at Work A. While at work employees are to exercise the same discretion in using personal mobile devices as they do for City-owned devices. Excessive personal calls,texting, or other mobile device use during the workday, regardless of the device used, can interfere with employee productivity and be distracting to others.Therefore, excessive personal use, regardless of the device used, during an employee's workday is prohibited. Flexibility may be provided in circumstances demanding immediate attention. B. If the employee does not use an assigned City owned device in a 90-day period,the device shall be returned to the Finance Department and service deactivated. II. Management A. Some employees may need to use mobile devices to conduct legitimate City business. Departments shall evaluate the necessity for the levels of mobile device service each employee's job requires, if any. B. Departments shall be responsible for oversight of employee mobile device usage and shall monitor and review such usage to ensure the use is appropriate. III. Services/Devices A. The City shall purchase up to one mobile device and if needed, one cellular plan per employee to meet the operation needs of the City. Public Safety and Senior Management may have exceptions if the business case deems it appropriate and if approved by department director or designee. IV. Mobile Device Taxable Allowance A. Department Directors or designee may provide a mobile device taxable allowance at their discretion to employees that are required to regularly use his or her personal mobile device for work purposes. Revision Date:12/14/202 Page 514 Item#21. B. The City will pay a monthly taxable allowance amount of up to $30. C. Monthly taxable allowance is applicable for only 1 (one) personal device. D. Taxable allowance only applicable for cell and/or data service. E. Taxable allowance only allowable if employee does NOT have a City owned mobile device (except in the event of acceptable multiple devices) and if subject to approval by Finance. V. Personal Mobile Device A. The employee is responsible for the purchase of his or her mobile device service, mobile device, replacements, accessories, warranty, insurance, early termination fees and activation fees. An employee receiving a taxable allowance for personal mobile device use for City business in accordance with this regulation will be expected to maintain the mobile device in working order and available for City business as needed and as reasonably expected. B. The City will not be liable for damage or loss of personal mobile devices brought into or used in the workplace. C. The employee is responsible for the administration and payment of all personal mobile device bills and will in no way create financial liability for the City beyond the amount agreed to by the Department Director or designee. VI. City Owned Mobile Device A. Personal Use of City Owned Mobile Devices 1. The City may issue a mobile device to an employee for work-related communications. Minimal personal use is permitted, but employees will be required to reimburse the City if such personal use results in overage charges. 2. Failure to reimburse the City for the cost of overage charges due to personal use of a City owned mobile device will result in tax liability for the employee, as well as possible disciplinary actions up to and including termination. B. Separated Employees 1. It is the responsibility of the Department Director(or designee)to retrieve devices from separated employees, including credentials for said device, and return the device to Finance or IT. If the device is locked, the department may be charged to replace the device. Revision Date:12/14/202 Page 515 Item#21. 2. Upon resignation or termination of employment or at any time upon request, the employee will be asked to present the assigned City owned mobile device to the City. 3. Employees unable to present the City owned mobile device in good working condition within the time period requested (for example, 24 hours) will be expected to bear the cost of replacement at the City's current discounted cost for replacement. Failure to reimburse the City for the cost of the mobile device will result in a garnishment on the employee's final paycheck for the current replacement cost of the mobile device. C. Device Acquisition/Selection 1. Finance (cell phones) and IT(all other mobile devices) are the responsible parties for acquiring City owned mobile devices. D. Upgrades/ Replacements 1. The City will upgrade City mobile devices no earlier than every two years if necessary, unless there are financial incentives to do so earlier and no other negative financial impact to the City or if IT determines there is a technical need to upgrade earlier. Mobile device upgrades will be executed at the lowest cost to the City for comparable devices. E. Device Management 1. IT does not manage backups for City owned cell phones.To ensure data is not lost,the employee shall backup their device regularly. 2. Employees shall use a City email address for any account or service associated with the device. 3. Employees shall upgrade cell phone software regularly. Automatic updates shall be turned on. 4. Cell phone activations shall be handled by Finance. F. Loss, Damage, or Theft 1. Employees in possession of City owned mobile devices are expected to protect the mobile device from loss, damage or theft. 2. Repeat damage or loss of mobile devices shall be at the employee's expense when the Department Director or designee deems necessary. 3. If an incident occurs,the employee is required to notify IT as soon as possible. IT will permanently erase (remote wipe) all data on the device to protect City Revision Date:12/14/202 Page 516 Item#21. systems.This applies to City employee's personal device(s), if the personal device has access to City systems, such as email. 4. The City will replace City mobile devices damaged beyond repair when deemed necessary by Department Director or designee and is subject to approval by Finance or IT.The City will replace damaged mobile devices with comparable mobile devices at the lowest cost available at the time of replacement. Any requests for mobile device replacements that exceed the lowest cost available will require Department Director(or designee) and IT approval, and must have an available line item budget for the additional costs. G. Mobile Device Accessories 1. The City may provide 1 (one) power outlet mobile device charger, 1 (one) automobile mobile device charger, and 1 (one) mobile device case upon original issuance of mobile device. All other needs or changes for mobile device accessories will be at the cost to the assigned employee and will not create any additional costs to the City. 2. The City will replace any damaged power outlet mobile device charger or automobile mobile device charger upon receipt of the damaged item with a comparable item at the lowest cost to the City. 3. Repeat damage or loss of mobile device accessories shall be at the employee's expense when the Department Director or designee deems necessary. VI I. Overages A. Any data use that incurs overage charges is subject to review.Any data use that incurs overage charges that is not substantiated as business use will be reimbursed to the City by the employee. VIII. Monitoring and Privacy A. The City monitors the use of City owned mobile devices to ensure that these resources are used effectively, appropriately, legally, and in accordance with the City's policies and regulations. The City may monitor randomly, in response to a particular problem, or, in some cases, continuously. The City reserves the right to inspect any and all information stored on or in mobile devices. The City also reserves the right to inspect any and all messages and data sent and received. The City may also choose or be required to publicize this data. B. Employees using mobile devices expressly waive any right of privacy in anything they create, store, send or receive on a City mobile device or through the City provided Internet, other computer network and/or any other City resources. Revision Date:12/14/202 Page 517 Item#21. C. Employees should not consider any electronic communication, media or services to be private.Although mobile devices can be protected by passwords, employees should not assume that the passwords provide them with privacy or ownership of their mobile device account or the records within it. D. The City can use Mobile Device Management (MDM)solution on City owned mobile devices. Removal of MDM software is prohibited. IX. Safety A. Employees who use mobile devices for City business, regardless of how the devices are issued and funded, are required to read and follow the City of Meridian Policy 6.2.1 - Use of City Vehicles. X. Email for Mobile Devices A. IT Support 1. The IT department will support email on mobile devices via Exchange Activesync. 2. iTunes will NOT be installed for or as part of any email set up for mobile devices. 3. Rooted or jail-broken (or otherwise altered from the manufactured state) devices are NOT permitted. B. Disclaimers 1. Note that if your phone is compromised or at risk, it will be blocked from being able to connect to City email. 2. If you choose to sync contacts on an iPhone, it will give you an option to keep on your phone or delete them. Make sure you keep them unless they are no longer needed. C. Password Requirement- By connecting a mobile device to Exchange ActiveSync,you agree that the email system will place a policy on your phone that will require you to password protect your phone.This policy will also grant the City the ability to remote wipe your phone in the event it is lost or stolen (meaning all data on the phone would be lost). D. Remote Wipe- By syncing your mobile device to the Exchange ActiveSync server,the IT department will gain the ability to remotely wipe all data from your mobile device. Remote Wipe shall only be used if your mobile device is lost or stolen. Revision Date:12/14/202 Page 518 Item#21. E. Password Resets- If you set up your mobile device to access your email, keep in mind that whenever you change your City password,you will also need to change it on your mobile device. If you do not,you may be locked out of services. F. Police Department Requirements 1. Only Apple devices shall be used with City email. 2. Device must be encrypted (will be encrypted by turning on password requirement). 3. City owned devices only. Revision Date:12/14/202 Page 519 Item#21. C�WF,Nt r.� City of Meridian Standard Operating Procedure Number 6.2.7 Use of the Fitness Facility in City Hall Purpose: To set forth the City's procedures regarding the use of the Fitness Facility in City Hall. Procedures and Related Information: I. All use of the Fitness Facility is at the employee's own risk.Any sustained injuries from use of the facility or its equipment should be reported to Human Resources. However,they are not compensable under Worker's Compensation Insurance. Sworn police officers and represented members in the Fire Department who are required to exercise while on duty and injure themselves may be covered by Worker's Compensation. II. Safety in using the Fitness Facility is of the utmost importance. Employees are encouraged to only use the Fitness Facility if they have been properly trained.Training classes may be offered periodically.All proper methods of sanitizing the equipment and using the appropriate hygiene methods for the use of this equipment must be followed. Sanitizing products will be provided by the City. Directions for sanitizing and use of the equipment will be available in the Fitness Facility. Failure to do so many be cause to suspend an employee's ability to use the Fitness Facility. III. Maintenance of the equipment will be performed by the City. IV. Employees are allowed to use the facility during non-work hours, such as before work, lunch break, or after work. Use of the facility during work hours is not prohibited, however such use shall not impact an employee's productivity nor otherwise interfere with City business. Excessive use during work hours in the judgment of the supervisor and department director or designee, in conjunction with Human Resources, may result in suspension from the facility and/or disciplinary action, up to and including termination. V. Locker rooms are considered part of the Fitness Facility and shall be kept in orderly and sanitary condition by all users. VI. Employees shall report malfunctioning equipment, any unsanitary conditions, or misuse of the facility or locker rooms, including any suspicious or inappropriate behavior to Human Resources. Revision Date:12/14/202 Page 520 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.3 Training and Development Purpose: To set forth the City's procedures regarding support for employee in job-related development and training efforts. Procedures and Related Information: I. Job-Related Required Training A. The City shall pay for all training that is required to maintain qualifications for performing assigned job duties. Department directors shall be responsible for ensuring that all necessary funds are available for required training. Scheduling of required training is at the discretion of the department director so as to best meet operational and staffing needs. City-sponsored or required training shall generally be arranged during regularly scheduled work hours.A department director may change the standard work hours to accommodate required attendance at such training activities. Such required training shall be recorded as time worked within the meaning of these procedures. Non-exempt employees required to attend training outside regularly scheduled work hours may be eligible for overtime pay. II. Job-Related Discretionary Training A. The City supports job-related training and development programs that are designed to improve the employee's performance in his/her current duties or in developing new job- related skills and abilities. Employees may approach their supervisors regarding training opportunities, or supervisors may require employee attendance at additional training and development courses and activities. B. Where employees request job-related training, it shall be the decision of the department director to approve such training. Approval for training is at the sole discretion of the department director and in conformance with City budgetary guidelines. C. Employees attending training programs sponsored or required by the City during regularly scheduled work hours will be compensated at their regular rate of pay. If training is held outside the City limits, employees are eligible for reimbursement for expenses consistent with the City's travel reimbursement policy. III. Non-Job- Related Discretionary Training Revision Date:12/14/202 Page 521 Item#21. A. Employees are encouraged to seek training and development opportunities that contribute to their personal growth and development.As such, the City may support an employee's attendance to non-required, non-job-related training programs by allowing vacation or in some instances, unpaid time off may be approved if no vacation time is available to attend such training if approved by the immediate supervisor and department director. Departments may consult with Human Resources for information regarding discretionary training. B. The cost of the training will not typically be paid for by the City unless pre-approved by the department director in conjunction with Human Resources. Employees must pay for all related training costs unless otherwise authorized. C. Employees will not receive compensation for time spent in discretionary training conducted outside normal work hours. Revision Date:12/14/202 Page 522 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.4 Absenteeism and Tardiness Purpose: To set forth the City' procedures regarding absenteeism and tardiness expectations for City employees. Procedures and Related Information: I. The City of Meridian expects all employees to assume diligent responsibility for their attendance and to report to work on time. Recognizing, however, that illnesses and injuries may occur, the City has established paid leave policies and benefit plans to compensate regular full-time employees for certain time lost for legitimate medical reasons, including time off to secure necessary treatment for a disability. Please consult the appropriate policies for information regarding these benefits. II. Employees are expected to communicate with their supervisor at least% hour in advance of any absence or tardiness. Supervisors have the discretion of selecting their preferred method of communication for employees to use for this purpose and should advise their employees accordingly. (Examples include phone call, email,text, etc.). III. Excessive absenteeism causes problems in providing an adequate, qualified workforce to meet the City's obligations. The City intends to make reasonable efforts to find alternative solutions to this problem including possible eligibility for a leave of absence, but it may become necessary to reassign,demote,or terminate and replace an employee so that dependable regular full-time and part-time help is available. Such action will generally only be taken after alternatives have been explored. The City will afford reasonable accommodation (unless it becomes an undue hardship) to a qualified employee with a disability,or for an employee's religious beliefs. These procedures are not applicable to employees on state or federal military, or family medical leave. IV. Employees who fail to report to work for three (3) consecutive workdays without notifying the City will be deemed to have voluntarily quit. V. Absenteeism or tardiness that is unexcused or excessive in the judgment of the department director is grounds for disciplinary action, up to and including termination. Revision Date:12/14/202 Page 523 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.5 Bulletin Boards Purpose: To set forth the City's procedures regarding posting announcements or activities on City provided bulletin boards in City facilities. Procedures and Related Information: I. Human Resources in conjunction with department directors or designee shall ensure that each facility has a bulletin board with properly posted State and Federal laws and City-related announcements and information so that employees have a consistent point of reference. II. Information of special interest to all employees may be posted on the City's bulletin boards. Employees may not post any information on these bulletin boards without authorization from the department director or designee. III. No personal or outside vendor or business information or solicitation is to be placed on City bulletin boards. Revision Date:12/14/202 Page 524 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.6 Driver's License Requirements Purpose: To set forth the City's procedures regarding driver's license requirements for positions that require a valid driver's license as a normal part of job qualifications. Procedures and Related Information: I. For certain City positions, an employee may be required to have and maintain a valid current Idaho driver's license or valid Commercial Driver's License (CDL)with a Class A or B endorsement.All employees shall be required to have or obtain a valid, current Idaho Driver's License within 30 days of their hire date. II. If an employee's license is revoked, suspended, or lost, or in any other way not current,valid, or in the employee's possession, the employee shall promptly notify his/her supervisor and/or department director or designee and will be immediately suspended from driving duties. The employee may not resume driving until proof of a valid, current license and the reason for change in licensure status is provided to his/her supervisor or department director or designee. Depending on the duration of license suspension, revocation, or other inability to drive, an employee may be subject to disciplinary action, up to and including termination. Revision Date:12/14/202 Page 525 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.7 Emergency Closure Purpose: To set forth the City's procedures regarding emergency closure practices of City facilities and/or services due to emergency conditions or unusual weather. Procedures and Related Information: I. In the case of emergency closures following the start of the workday, certain non-essential personnel may be sent home as directed by the Mayor or City Council if the Mayor is not available. When possible, affected employees will be given the opportunity to work remotely or perform other tasks not usually associated with their normal duties at no loss in pay. If remote work or other assignments are not available, employees will be sent home with pay. II. If the decision is made to curtail City services prior to the start of normal business operations, every effort will be made to notify affected employees before the start of their regularly scheduled reporting time. Supervisors who become aware of the intent to close facilities shall be responsible for contacting employees under their supervision. III. During times of inclement weather or natural disaster, it is essential that the City continue to provide vital public services (e.g., fire, police, water, etc.). Unless otherwise notified, employees are expected to make every reasonable effort to report to work without endangering their personal safety. IV. Employees unable to report to work due to the weather, or employees who leave early because of unusual weather conditions, may charge time missed to vacation leave provided the employee has accrued vacation leave time. The employee must notify his/her supervisor within % hour or as soon as possible for late arrival or early departure due to weather conditions. Revision Date:12/14/202 Page 526 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.8 Nepotism Purpose: To set forth the City's procedures regarding when immediate family members, as defined below, of current City employees, elected officials, or appointed officials may be employed. Procedures and Related Information: I. For purposes of these procedures, "immediate family" includes: A. Spouse, child, step-child, parent, step-parent, brother, sister, step-sibling, "in-law" relatives, grandparent or grandchild of the employee; or B. Any other member of the employee's immediate household, including the employee's domestic partner and his/her children or relatives as referenced above. II. The immediate family of current City employees and elected or appointed officials will not be employed by the City where: A. One of the parties would have the authority to supervise, appoint, remove, or discipline the other; B. One party would handle confidential material that creates improper or inappropriate access to the material by the other; C. One party would be responsible for evaluating the work of the other; D. Other circumstances exist that might lead to real or perceived potential conflict among the parties or conflict between the interest of one or both parties and the best interests of the City. E. These will also be considered when assigning,transferring, or promoting an employee related by blood, marriage, or adoption to any other employee. F. In conformance with the Conflict of Interest Standard Operating Policy and Procedures, no one may be employed by the City who is related within the first degree of consanguinity to an employee of the Mayor's Office, City Attorney's Office, Finance Department, Information Technology or Human Resources, or any directors of a City Department. This shall include relationships created by blood, marriage, or adoption. G. The Human Resources Director in consultation, if needed, with the City Attorney shall be empowered to act to assist departments in identifying and eliminating nepotism including Revision Date:12/14/202 Page 527 Item#21. conflicts of interest whenever possible. The Mayor and City Council may agree to jointly waive said conflict. This procedure shall not apply to the City's Youth-Work-Life Skills program. III. Employees Who Marry or Co-Habitate in a Domestic Relationship A. Employees shall inform their immediate supervisor when employees marry, become related in an immediate family relationship as defined above, or begin sharing living quarters with one another with the intention of forming a domestic relationship. B. A supervisor upon receipt of employee notification shall immediately inform the department director and Human Resources who will determine if the potential problems noted above exist or could exist. If so, only one of the employees will be allowed to remain in the same department or work unit. C. Where possible, one or both of the affected employees will be given the option to transfer to another position in the City for which he/she is qualified. Where transfer is not an option, one of the affected employees will have to resign or be terminated.The affected employees may be given the opportunity to decide between themselves which employee will transfer or resign. D. The decision must be made within thirty(30) calendar days of the date they marry, become related, or begin sharing living quarters with each other. If no decision is made during this time,the Human Resources Director in consultation with the department director, City Attorney, and Mayor,where appropriate,will make the decision based on the best interests of the City. Revision Date:12/14/202 Page 528 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.9 Safety Purpose: To provide guidelines regarding the safety and well-being of employees, as well as to outline the procedure should any unsafe practice be reported or accident/injury take place. Procedures and Related Information: I. Commitment to a Safe Work Environment A. It is the policy of the City to comply with federal and state laws, rules and regulations, and to provide a work environment as free as practicable from health and safety hazards. B. The City believes most accidents are preventable, and it is committed to finding new ways to prevent injuries and accidents. Each department shall develop safety procedures in order to minimize and avoid on-the-job injuries and accidents. C. Supervisors and department directors, or designees shall be responsible for leadership of safety programs, developing proper safe work procedures, and enforcing all safety rules, including the maintenance of a safe working environment. D. Employees are responsible for adhering to all safety procedures, using safety equipment in the proper manner, and continuously employing safe work practices. It is the employee's responsibility to inform their supervisor immediately of any hazardous or unsafe working situation or condition. Any continuing or pervasive hazardous or unsafe working conditions should be reported to the department director or designee, Human Resources or designee, or the Compliance and Ethics Help Line. E. Any questions concerning safety procedures should be directed to the supervisor or department director. II. On-the-Job Injuries/Workers' Compensation A. All employees are covered by the State Workers Compensation program.This insurance covers employees in case of on-the-job injuries or job-related illnesses. In the event of an on-the job injury, certain forms and procedures are required. Revision Date:12/14/202 Page 529 Item#21. B. Reporting On-the-Job Injuries 1. Regardless of the severity of an injury, employees are required to report all job- related accidents to their supervisor within their work shift, but in no circumstance later than the next business day. 2. During working hours, all employees sustaining an injury should be directed to St. Luke's Occupational Health Services for general and police or Emergency Responders for fire for treatment, except in the case of an emergency.The supervisor or department director is required to submit the First Report of Injury form to the Human Resources within five (5) working days or as soon as practicable to allow filing of worker's compensation claims in the proper manner. All on-the-job injury reports shall be maintained in a separate medical file in Human Resources. 3. If an employee is disabled temporarily by an on-the-job accident, he/she shall use sick and/or vacation leave until such time as the claim is approved. Once the claim is approved,the employee will receive any used leave back and any time loss associated with the claim will be paid 100% by the City. Return to employment will be authorized on a case-by-case basis upon consultation with the physician, department director, Human Resources, and the State Insurance Fund. 4. Time lost for more than three (3) working days for general and police employees or (6)work shift for twenty-four-hour employees or(10) consecutive days for forty- hour fire union employees shall be charged against the twelve (12) weeks of leave provided for in the Family and Medical Leave Act whether or not the employee requests FMLA. 5. Workers Compensation provisions for represented employees in the Fire Department shall be governed by the provisions of the collective labor agreement. C. Any questions concerning completion of forms, workers compensation benefits, or processes should be directed to Human Resources. Revision Date:12/14/202 Page 530 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.10 Political Activities Purpose: To set forth the City's procedures regarding when City employees and City volunteers can be involved in political activities. Procedures and Related Information: I. It is in the best interest of the City, in the administration of its duties and responsibilities,that City employees and City volunteers maintain at all times neutrality regarding any election, whether it is federal, state, municipal, or any government subdivision of the State of Idaho during their working hours and at all other times the City employee and City volunteer is on active duty, is wearing a City uniform, and/or is otherwise representing the City and its interests. ll. Prohibition of Electioneering A. Definition of Electioneering: The act of campaigning to influence the result of an election in favor of a particular candidate or party. B. No City employee nor City volunteer shall engage in any electioneering, regarding any election whether federal, state, and municipal or any government subdivision of the State of Idaho. These procedures apply to any City employee or City volunteer during working hours or at any other time he/she is on active duty, is responding to a call, and/or is wearing a City uniform (but not including on-call time where the employee is off City premises and not in uniform). This includes, but is not limited to,telephone calls, personal conversations,faxes, email, and/or any other communications;the circulation of cards or handbills of any kind; the soliciting of signatures to any kind of petition for candidacy or election question; and/or the use of City vehicles for the placement thereon of any related bumper stickers, placards, or signs. III. These procedures shall not be interpreted to include activity of providing information regarding City elections to the public pertaining to bond issues or other elections which are revenue elections submitted by the City to the voters, nor do these procedures pertain to prescribed duties of City employees in the conduct of any City election. IV. Violation of these procedures may result in disciplinary action, up to and including termination. Revision Date:12/14/202 Page 531 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.11 Gifts&Gratuities Purpose: To set forth the City's procedures regarding when City employees, appointed, and elected officials may accept gifts, money, and/or gratuities from outside organizations or individuals. Procedures and Related Information: I. City employees are prohibited from soliciting or accepting gifts, money, and/or gratuities from organizations,vendors, contractors, or their agents in value over$50 in accordance with local, state, and federal guidelines and laws. II. Each employee, appointed, and elected official is responsible for tracking and reporting gifts and gratuities in excess of$50 from outside vendors, organizations, contractors or others that are received in the capacity of a City employee, appointed, and/or elected official in accordance with local, state, and federal guidelines and laws. Employees and appointed officials shall report these to their supervisor and elected officials shall report them to the City Attorney. III. Human Resources, in conjunction with supervisors and department directors, are responsible for enforcing this policy at the department level.The City Attorney shall be consulted for matters involving the Mayor, City Council, and appointed officials. IV. Employees in the Police and Fire departments should refer to the department's standard of operation procedures. V. This section does not apply to campaign contributions. VI. Exception: A. For purposes of these procedures, prohibited gifts and/or gratuities do not include prizes that are: 1. Won in a contest or event unrelated to the employee's official duties; 2. Won in a truly random drawing; or 3. Won in a contest or event open to the public. Revision Date:12/14/202 Page 532 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.12 Solicitation Purpose: To set forth the City's procedures regarding non-work-related solicitation in the workplace. Procedures and Related Information: I. Most forms of selling and soliciting are inappropriate in the workplace. They can be an intrusion on employees and citizens, and may present a risk to employee safety or to the security of the City or employee property. Therefore, persons not employed by the City may not at any time solicit,survey, petition,or distribute literature on City premises that are generally not open to the public. This includes persons soliciting for charities, salespersons, questionnaire surveyors, labor union organizers, or any other solicitor or distributor. ll. The Mayor may make exceptions to this rule in special circumstances where the City determines that an exception would serve the best interests of the organization or its employees. III. Employees may not solicit for any purpose during work time. Reasonable forms of solicitation are permitted during non-work time, such as before or after work or during meal or break periods. Employees who are on non-work time may not solicit other employees who are on work time. Employees may not solicit for any purpose during work time or in work areas. Revision Date:12/14/202 Page 533 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.13 Outside Employment Purpose: To set forth the City's procedures for employees regarding outside employment in addition to their duties and responsibilities for their employment at the City. Procedures and Related Information: I. The City of Meridian does not prohibit an employee from working a second job as long as such employment does not interfere or conflict with the employee's regularly scheduled City job responsibilities or the employee's ability to meet City job expectations. II. Employees are required in advance of accepting or conducting outside employment to notify their director and supervisor, or Mayor, if outside employment involves a director, in writing using the City of Meridian Outside Employment Form. Notification should include, but not be limited to, a detailed description of the outside employment responsibilities and expectations, work hours, and any other obligations of the outside employment. Upon receipt of the notification, the supervisor and department director will approve or deny the request. In cases where outside employment may directly or indirectly interfere or conflict with City employment, or the director or supervisor is concerned about potential negative effects on City employment, the request will be denied. III. The department director or designee, or if the employee is a director the Mayor, shall determine whether the outside job interferes or conflicts with the employee's City job responsibilities. Supervisors shall communicate with employees should outside employment appear to negatively impact the performance of their City position in order to find ways to improve performance. In cases where employees have been warned about poor performance, additional disciplinary action may result, up to and including termination. IV. Employees engaged in outside multi-level marketing employment do not need to provide notification provided they do not hold a leadership role and can fulfill their responsibilities and expectation outside of city employment work hours. Employees may only solicit in accordance with the Solicitation Policy and Procedures 6.12. V. All written approvals for outside employment shall be forwarded to Human Resources to be placed in the employee personnel file. Revision Date:12/14/202 Page 534 Item#21. C�WF,Nt City of Meridian Standard Operating Procedures Number 6.14 Appropriate Clothing Attire for Work Purposes and Procurement Purpose: To set forth the City's procedures regarding appropriate employee attire for the workplace and the use of City funds for the procurement of work clothing and uniforms. Procedures and Related Information: I. The department director or designee should establish dress code guidelines consistent with the policy and appropriate for their department and ensure the guidelines are communicated to their department employees. Upon receipt of a complaint of an employee's inappropriate attire,the department director or designee should attempt to resolve the matter, including sending the employee home to change into department-appropriate attire if required. Human Resources may be consulted, if necessary,to help resolve. Repeated non-compliance may lead to disciplinary action, up to and including termination. II. As authorized by the department director or designee, all clothing purchased with City funds must be practical and appropriate for the job being performed. Clothing should be inscribed to indicate the employee is an employee of the City of Meridian. III. Employees are to take reasonable caution in the cleaning and maintenance of all supplied clothing. IV. If clothing or uniforms are supplied, the employee is required to wear the provided clothing or uniform in accordance with departmental policy and procedures or as set by the department director. If clothing is worn or destroyed sooner than normal, the employee will be responsible for replacement. Exceptions must be approved by the department director. V. Upon separation from employment, the City reserves the right to request the return of all usable issued items and may withhold the value of the items to be returned from the employee's final paycheck until all items are returned. VI. Department Specific Guidelines A. Administrative Staff for all Departments 1. Employees may be issued shirts that are required to be worn. Alternatively, office and administrative staff in all departments of the City may request to purchase City of Meridian logo clothing at the discretion of the department director, but it may not exceed funds budgeted for"employee incentives" annually. The employee may have the option to apply this designated amount to Revision Date:12/14/202 Page 535 Item#21. a larger purchase, with the difference being paid by the employee.The City logo may only be placed on articles of clothing that are appropriate for the workplace. B. Fire Department 1. Uniform and dress requirements for all Fire Department personnel are detailed in Meridian Fire Department Policy. C. Parks& Recreation Department 1. Employees may be issued shirts, sweat shirts, and other outer wear,such as coats and overalls. 2. Overalls and other outerwear are exempt from the safety color requirement. The director may authorize other clothing type that is work related to the position of the employee. Employees are provided with City logo hats. D. Police Department 1. Uniform and dress requirements for all Police Department personnel are detailed in the Meridian Police Department Policy and Procedure, Chapter II, Section 3 Uniform and Equipment. 2. All sworn officers receive a clothing allowance per year and are allocated additional chits for dry cleaning; initial uniforms and equipment are purchased and supplied by the department on hire. 3. Non-sworn personnel are governed by the section on administrative staff. 4. All clothing allowance is paid directly to the employee and is taxed. E. Public Works Field Inspection Personnel 1. Employees may be issued shirts, sweat shirts, and other outer wear, such as coats and overalls. 2. Overalls and other outerwear are exempt from the safety color requirement. The director may authorize other clothing type that is work related to the position of the employee. Employees are provided with City logo hats. Revision Date:12/14/202 Page 536 Item#21. F. Waste Water Treatment Plant and Water Department 1. Employees may be issued shirts, sweat shirts, and other outer wear, such as coats and overalls. 2. Overalls and other outerwear are exempt from the safety color requirement. The director may authorize other clothing type that is work related to the position of the employee. Employees are provided with City logo hats. Revision Date:12/14/202 Page 537 Item#21. C�WF,Nt r.� City of Meridian Standard Operating Procedure Number 6.15 City Hall Employee Parking Permits Purpose: To set forth the City's procedures regarding issuance of a City Hall Employee Parking Permit. Procedures and Related Information: I. City Hall Parking Lots- For purposes of these procedures, City Hall parking lots are referred to and located as follows: A. SOUTH Lot-The parking lot located on the south side of City Hall. B. FRONT Lot-The parking lot located in front of City Hall (bordered by Broadway and Main). C. WEST Lot-The parking lot bordered by Meridian and Broadway. D. BOWER Street Lot—The parking lot located on Meridian and E. Bower. II. The SOUTH Lot and WEST Lot are referred to as "designated City Hall employee parking lots" in these procedures. III. Availability of any leased parking lot locations may be subject to change depending on lease arrangements. IV. Issuance of Parking Lot Permits A. The Human Resources Department shall issue to each full—and part-time employee whose primary work location is City Hall one (1) City Parking Permit only to be used in designated City Hall employee parking lots. B. Employees may purchase a second City Hall Employee Parking Permit for a fee. V. General Rules and Guidelines for Use of Designated City Hall Employee Parking Lots A. Parking in designated City Hall employee parking lots shall require a City Hall employee Parking Permit between 7:00 a.m. and 6:00 p.m., Monday through Friday, excluding City Holidays. B. Permits must be visibly displayed on the windshield side of the vehicle's rearview mirror. Revision Date:12/14/202 Page 538 Item#21. C. Employee-owned trailers, motor homes, recreational vehicles, or vehicles with a GVWR greater than twelve thousand (12,000) pounds may only be parked temporarily in the WEST Lot. D. Any sale, barter, alteration, or duplication of a City Hall Employee Parking Permit is prohibited. E. No contract or seasonal employee will receive a City Hall Employee Parking Permit. Department Directors or designees may request a permit for such employee if it is necessary for the performance of such employee's job. F. All City fleet vehicles should be parked in their assigned spaces or in the designated location for fleet parking. (City Hall FRONT Lot or BOWER Street Lot). Where no assigned space is provided,fleet parking is available, in the FRONT Lot in stalls along Main St., if possible. G. Marked emergency vehicles for Police and Fire may park in the FRONT Lot without a City Hall Employee Parking Permit. H. If an employee forgets his or her City Hall Employee Parking Permit, he or she may request from Human Resources a temporary permit for the day. I. If a City Hall Employee Parking Permit is lost or missing,the employee must report such loss to Human Resources and will be issued a new permit after paying the appropriate fee. Damaged or worn out permits may be replaced for no charge. J. Failure to display a City Hall Employee Parking Permit may cause the vehicle to be ticketed.The employee shall be solely responsible for any costs associated with such ticket. K. At times, certain employees may be required to park in the FRONT Lot and will be so instructed by Human Resources. L. Employees visiting City Hall from other work locations may park in the FRONT Lot, but only with a One-Day Special Parking Permit, and only for the duration required for their, meeting,training, etc. M. Abuse or repeated violations of the City Hall Employee Parking Permit policy and these procedures may be grounds to rescind the employee's City Hall Employee Parking Permit. Revision Date:12/14/202 Page 539 Item#21. C�WF,Nt City of Meridian Standard Operating Procedure Number 6.16 Employee Identification/Prox Cards Purpose: To set forth the City's procedures regarding employee identification/prox cards (ID card) that must be worn and visible at all times while working. Procedures and Related Information: I. Human Resources will issue employee ID/Prox Cards on the first day of employment. II. The Police Chief or designee shall issue the ID and ID/Prox cards to Police personnel. III. Employees shall visibly display their ID or ID/Prox Card at all times and when the employee is on duty and if requested by another member of the public to see the card shall show it to them. IV. Exemptions from wearing the ID or ID/Prox card may be approved by the department director for safety purposes, such as undercover police officers, firefighters in turn-outs, maintenance personnel, etc. V. Employees must wear their ID or ID/Prox card in City Hall at all times, unless exempted. VI. Employees may not put pins in or poke holes into the cards. VII. If an employee forgets their ID/Prox card, they may request a temporary for the day. A continuing need for a temporary may be referred to the employee's supervisor. VIII. Employees may get a replacement for a lost ID card or ID/Prox card and pay the appropriate charge. IX. Damaged, stolen, or worn out cards maybe replaced for no charge. X. The City may, at its discretion, require the employee to acquire a new card due to changes in the employee's appearance. In this instance there would be no charge to the employee. XI. The employee's supervisor, department director, Human Resources Director, or the Mayor may demand the surrender of an ID or ID/Prox card. XII. If an ID or ID/Prox card is lost, stolen, or surrendered for any purpose as described in these Revision Date:12/14/202 Page 540 Item#21. procedures, Human Resources must be notified immediately. Revision Date:12/14/202 Page 541 Item#21. C�VF,Nt City of Meridian Standard Operating Procedure Number 6.17 Requests for Public Records or Information Purpose: To set forth the City's procedures regarding employee response to requests for public records or information. Procedure and Related Information: These procedures are meant to provide a consistent, statutorily-compliant process for employees to follow in replying to a request from a member of the public for public records maintained by the City during the course of conducting its business. Under the Idaho Public Records Act(Idaho Code sections 74-105 through 74-126),there is a presumption that all public records may be examined and copied by any person. Upon receipt of a request for a public record,whether such request is made in writing,verbally, or by email,the City must respond to the request within three working days. The City may grant the request, deny the request, or notify the Requestor that more time is needed to respond. (Idaho Code section 74-103). Decisions regarding the release of public information, public records, or other information in the custody of a public official are to be made by the City Clerk's Office,the official custodian of all City records pursuant to State law. These procedures establish a timely, consistent, and statutorily compliant process for handling all public records requests received by the City, whether received by the City Clerk's Office or by any other City department. These procedures apply to all City employees and departments, with the exception of the Meridian Fire and Police Departments and their employees, to the extent that these departments have a specific, pre-existing public records disclosure policy in place. I. Intake of Public Records Requests;Time Computation by Law From the date a request for public records or information is received,the City has only three working days to respond to the request. The three-day time limit does not include the date of the receipt of the request, but it does include the last day. Saturdays, Sundays, and holidays on which the City is closed are not included in the three-day time limit. (See Idaho Rules of Civil Procedure Rule 6(a)). As to requests received after 5:00 p.m., the date of receipt shall be the next working day. A. Written Requests for Public Records. Upon receiving a written request for documents or information, whether by mail, email,fax, on-line, or personal delivery, employees shall route the request to the City Clerk's Office as soon as possible, but no later than 5:00 p.m. on the same day of its receipt. Though the City must respond to a request submitted to any Revision Date:12/14/202 Page 542 Item#21. department and received in any written form,for purposes of clarity and efficiency, the public should be encouraged to submit requests in writing and directly to the City Clerk's Office using the Public Records Request Form,which is available in the City Clerk's Office and online at the City's website. B. Oral Requests for Public Records. Upon receiving an oral request for documents or information, employees may immediately provide such documents or information only if all of these factors are present: 1. The requested document or information is subject to disclosure under the Idaho Public Records Act. If there is any question as to whether a record is subject to disclosure, employees should inquire with the City Clerk's Office; 2. Such documents or information are immediately accessible to the employee; 3. No research or analysis is requested or required; and 4. No more than ten (10) paper copies are provided in response to the oral request. If an oral request for public records does not meet all of the above criteria, the employee receiving the request shall encourage the Requestor to submit a written request directly to the City Clerk's Office, preferably using the Public Records Request On-Line Form. II. Processing of Public Records Requests Following receipt of a written request, any and all of the City's communication with the Requestor should come from the City Clerk's Office. Questions, concerns, and/or follow-up communications, whether from the employee referring the Requestor to the City Clerk, or from the Requestor him/herself, should be routed to the City Clerk's Office in order to ensure that there is a consistent, centralized line of communication between the City and the Requestor. A. City Clerk Notifies City Attorney and Department Retaining Records Upon receipt of a request for public records or information,the City Clerk shall promptly: (1) provide the City Attorney or designee a copy of the public records request, and (2) request the records from the department responsible for retaining the requested documents or information. The City Clerk will inform such department of the date and time by which it must copy and return the responsive materials to the City Clerk's Office. It is essential for employees to understand that time is of the essence in providing a response to a public records request. By law,the City has only three working days from the date the request is received to respond to the request. (Idaho Code section74-103.) Revision Date:12/14/202 Page 543 Item#21. B. Further, unless otherwise expressly directed by the City Clerk's Office or the City Attorney's Office, no employee shall redact, modify, edit, omit, destroy, or censor any document or information that is responsive to the request. Employees may discuss with the City Clerk and/or City Attorney any concerns regarding personal, sensitive, irrelevant, or exempt information known to be contained in any responsive record. C. Department Attempts to Locate Records Upon receipt of a request from the City Clerk, the department retaining the requested record shall identify which of the following procedures is applicable, and comply accordingly. 1. DEPARTMENT ACTION 1: The department shall promptly reproduce and provide copies of the responsive materials to the City Clerk's Office if: a. The department is able to locate, reproduce, and provide copies of the responsive materials to the City Clerk's Office within the designated time period, and b. Locating and retrieving the responsive records will require less than one (1) hour of staff time, and c. The responsive records are less than one hundred (100) or more pages in length. Upon receipt of the responsive materials from the department,the City Clerk's Office shall seek City Attorney review as set forth below prior to sending the response to the Requestor. 2. DEPARTMENT ACTION 2: The department shall immediately provide an estimate of staff time needed and number of pages that will comprise the response if: a. The department is able to locate, reproduce, and provide copies of the responsive materials to the City Clerk's Office within the designated time period, and b. Locating and retrieving the responsive records will require two (2) hours or more of staff time, or the responsive records are one hundred (100) or more pages in length. Upon receipt of the estimate from the department,the City Clerk's Office shall prepare a response to the Requestor that: (1) notifies the Requestor of the estimated costs of responding to the request; (2) requires that the Requestor pay the estimated costs prior to location and reproduction of the public records; (3) explains to the Requestor that if actual costs are less than the estimate,the Revision Date:12/14/202 Page 544 Item#21. difference will be refunded to Requestor, and that if actual costs are more than the estimate,they will be collected prior to provision of the records to Requestor. The City Clerk's Office shall seek attorney review as set forth below prior to sending the response and estimate to the Requestor. 3. DEPARTMENT ACTION 3: The department shall immediately inform the City Clerk's Office and the City Attorney's Office if: a. The department is unable to locate and provide responsive materials to the City Clerk's Office. The department shall specify whether the requested materials: (a) do not exist, (b) cannot be located at all, or(c) exist, but are not in the City's custody. Upon receipt of notice of inability to locate/provide records,the City Clerk's Office shall prepare a response to the Requestor that 1) notifies the Requestor of the denial of the request; (2) specifies the reason and statutory grounds for such denial; and (3) explains to the Requestor the timeline and mechanism to appeal the denial. The City Clerk's Office shall seek attorney review as set forth below prior to sending the response and estimate to the Requestor. 4. DEPARTMENT ACTION4: The department shall immediately inform the City Clerk's Office if: a. The department needs additional time to locate, copy, and provide responsive materials to the City Clerk's Office. The Idaho Public Records Act allows the City to notify the Requestor that additional time is needed to process the request, not to exceed ten (10)working days from the date the request was received. Upon receipt of notice that the department needs more time to locate and provide records,the City Clerk's Office shall, first, prepare a response to the Requestor(a) notifying the Requestor that more time is needed, and (b) specifying the date by which the request will be granted or denied. Next,the Clerk's Office shall recalculate the disclosure deadline and inform the department accordingly. D. City Clerk Seeks City Attorney Review Before providing the City's response to the Requestor granting the request, requiring payment of estimated costs, denying the request in full or in part, extending the period for response,the City Clerk shall request that the City Attorney or designee review such response to ensure that no confidential, privileged, or statutorily exempt document or information is included in the responsive materials. Upon such request,the City Attorney or designee shall provide an opinion regarding Revision Date:12/14/202 Page 545 Item#21. whether the information or documents are subject to disclosure under the Idaho Public Records Act. If any responsive record or any portion thereof is exempt from disclosure,the City Attorney or designee shall redact, or provide an opinion regarding redaction of,the exempt document, information, or portions thereof. Final decisions regarding disclosure of public records shall be made by the City Clerk. E. City Clerk Responds to Requestor Following completion of the foregoing process, and within the three-or ten-day response period, as applicable,the City Clerk's Office shall do one of the following: 1. Provide all records to the Requestor which are responsive to the request and subject to public disclosure under the Idaho Public Records Act; 2. Notify the Requestor of estimated costs of responding to the request, requiring payment prior to reproduction of the records; 3. Deny the request in full or in part (redaction shall constitute a partial denial), specifying the statutory basis for such denial and describing the availability,time, and manner of appeal; or 4. Inform the Requestor that additional time is needed to respond to the request (not to exceed ten (10)working days from the date the request was received). Revision Date:12/14/202 Page 546 Item#21. City of Meridian 1 Standard Operating Procedure Number 6.18 Conflict of Interest Purpose: To set forth the City's procedures regarding Conflicts of Interest and the reporting thereof by employees. Procedures and Related Information: I. Definitions A. Actual or Perceived Conflict of Interest Due to the nature of the information that is accessible and maintained by the City of Meridian, no one may be employed by the City who is related within the first degree of consanguinity to an employee of the Mayor's Office, City Attorney's Office, Finance Department, Human Resources, Information Technology, or any directors of a City department. This shall include relationships created by blood, marriage, or adoption. This provision will not apply to any person who is a current employee of the City at the time this policy is approved by the City Council. B. Contracting with Persons or Companies The City may contract with a person or company that meets the definition in (A) as long as the City Council approves the contract after a competitive process or adherence to City Policy has occurred. II. Reporting Conflicts of Interest A. Any employee or others acting on behalf of the City should report concerns related to actual or perceived conflicts of interest to the City Attorney or Human Resources in person,via email, phone call or by using the Compliance and Ethics Helpline. B. Reported conflict of interest- related concerns will be investigated promptly. C. The City Attorney or Human Resources will assist departments with recommendations based on findings from the investigation to eliminate or resolve perceived or actual conflicts of interest if warranted. D. Findings of an existing conflict of interest may result in disciplinary action, up to and including termination of employment or contractual relationship with the City. Revision Date:12/14/202 Page 547 Item#21. E. If circumstances warrant,the City Attorney shall advise the Mayor and City Council of an existing conflict of interest.The Mayor and City Council may agree to jointly waive said conflict. Revision Date:12/14/202 Page 548 Item#21. City of Meridian 1 Standard Operating Procedures Number 6.19 Social Media Procedures Purpose: To set forth the City's procedures on the use of Social Media by City of Meridian employees, elected officials, and City volunteers. Procedures and Related Information: I. Definitions A. Social media site: A publicly accessible online publishing application,technology, or website that provides information to the public via subscription, reference, network, or drop-in. A social media site provides a forum by which individuals may post comments or other information. Examples of social media sites include: Instagram, NextDoor, Facebook, Linkedln,Twitter, and YouTube. 1. City social media site: A social media site that: a. Is established or administered by the City, or by a City employee, or elected official, acting in his/her official capacity. b. Is held out to be representative of, or held out to be established or used by, the City, or any department, employee,volunteer, elected official, commission, or component thereof. c. Utilizes a City name, title, logo, or other indicia of City endorsement, establishment, or administration of such social media site. 2. Non-City social media site:A social media site established or used by a City employee acting in his/her personal capacity. B. Comments: Information, commentary, dialogue, links, pictures,videos, and/or other forms of communicative content posted on a social media site. C. Post: Content an individual shares on a social media site or the act of publishing content on a site. D. Site Administrator:The City employee or individual subject to these procedures designated to establish, monitor and maintain a City social media site. Revision Date:12/14/202 Page 549 Item#21. E. User: Any person who accesses,views,follows, likes, subscribes, links to in any manner, and/or posts comments on a social media site. II. Objectives of City Social Media The goals of the City's use of social media are: A. To connect with the public, particularly current, future, and former Meridian residents, visitors, and businesses; B. To educate, inform, and energize the public regarding the City and its activities and operations; C. To establish and maintain a forum for public dialogue regarding topics relevant to the City and the Meridian community; D. To elicit, listen to, and implement feedback from customers and observers regarding the City, its activities, and operations; E. To promote and support the community served by the City; F. To alert and communicate with citizens during emergencies; G. To share information from other related agencies to help promote relevant programs, events, and services; and H. To respond to inquiries regarding municipal services and government in a timely manner. III. Establishment and Administration of City Social Media Sites A. All City social media sites shall be administered or overseen by a Site Administrator agreed upon by the director of the requesting department and the Communications Manager. Upon creation of the site,the Site Administrator shall provide to the Communications Manager administrative rights and all login information and passwords necessary to administer the social media site, and shall provide any updated login or password information immediately upon any changes to the Communications Manager. Upon separation from City employment, the Site Administrator shall provide to the Communications Manager all login information and passwords necessary to administer the social media site, and shall relinquish and transfer all administrator rights to the Communications Manager. B. Prior to establishing a City social media sight, departments, commissions, employees, volunteers, or elected officials shall obtain approval from the Mayor, or designee, and the City of Meridian Communications Manager. C. Employees or other individuals subject to these procedures seeking to establish a City social media site shall submit to the Communications Manager a written proposal,which shall include the following information: Revision Date:12/14/202 Page 550 Item#21. 1. The proposed platform to be used; 2. The mission,vision, and objectives of the proposed site; 3. The City employee(s) designated to establish, monitor and maintain the site; 4. Plan for the design, content, and features of the proposed site; and 5. Whether Users may post comments or messages on or through the site, and if so the schedule and plan for reviewing and following up on such comments. D. The Mayor, or designee, may order City employees to wholly remove City social media sites that are established or administered in violation of these procedures. The failure to remove a City social media site in accordance with such order may result in disciplinary action up to and including termination. E. City employees or other individuals subject to these procedures using or administering City social media sites shall conduct themselves at all times as a representative of the City and in accordance with all City policies. Failure by City employees to do so may result in disciplinary action up to and including termination. F. All social media site administrators, City employees, and other individuals subject to these procedures shall not share on any City social media site: 1. Confidential information; 2. Information or statements reflecting for or against active legislation; or 3. Information concerning pending legal matters. G. All City social media sites shall publicly make available the following information: 1. City of Meridian Social Media Terms of Use Statement or a link thereto a. The City of Meridian Social Media Terms of Use Statement (see Appendix A) shall be reviewed and adapted for each City social media site and approved by the Communications Manager and Legal Department. 2. Related department/division's contact information; and 3. Display the following disclaimer: Disclaimer:Please note that public comments and opinions expressed by the public on this site do not reflect the opinion and position of the City of Meridian government, elected officials, volunteers or employees. This site is not monitored 2417 and therefore any urgent matters should be directed to the City of Meridian by phone or email. In the case of emergency, dial 9-1-1. Revision Date:12/14/202 Page 551 Item#21. IV. City's Use and Maintenance of City Social Media sites A. All City social media sites shall adhere to applicable federal, state and local laws, regulations and City policies. B. The City of Meridian's website at http://www.meridiancity.org will remain the City's primary and predominant internet presence. C. The Communications Manager shall monitor content on all City social media sites to ensure adherence to these procedures, consistency with the interests and goals of the City of Meridian, and enterprise-wide consistency in messaging and information across platforms and site administrators. D. Content posted by the City and comments posted by Users on City social media sites contain records subject to the Idaho Public Records Act. Any content posted or maintained in a social media format that is related to City business, including a list of subscribers, posted communication, and communication submitted for posting, may be a public record subject to public disclosure. E. The Site Administrator or Communications Manager may remove and/or restrict comments with approval from the Legal department.Any comments removed or restricted shall be documented with a screen capture/record, date and time of post, original post the comment corresponds with, and visible personal information of user. Comments containing or uploading any of the following inappropriate forms of content shall be subject to removal or restriction: 1. Content that is deemed in violation of the City's Social Media Policy, these terms of use,the terms and conditions of use of[Name of Site] or any applicable federal, state or local law; 2. Profane, obscene, indecent, violent, or pornographic content; 3. Content that promotes,fosters or perpetuates discrimination on the basis of race, creed, color, age, religion,gender, sexual orientation, or national origin; 4. Defamatory or personal attacks; 5. Threats to any person or organization; 6. Encouragement or incitement of illegal activity; 7. Information that may tend to compromise the safety or security of the public or public systems; 8. Content that violates a known legal ownership interest, such as a copyright, of any party; or Revision Date:12/14/202 Page 552 Item#21. 9. Any content that contains or perpetuates a virus, corrupted file, or other defect or program that may cause damage. F. City employees or other individuals subject to these procedures using or administering City social media sites shall conduct themselves at all times as a representative of the City and in accordance with all City policies. G. City employees or other individuals subject to these procedures who manage social media sites/platforms on behalf of the City should be aware and adhere to said sites/platforms'term of use. Questions may be directed to the Information Technology Department. V. City Employees' Personal Use of Personal or Non-City Social Media Sites A. City employees or elected officials using non-City social media sites for personal use should be aware that all social media sites are or may be accessible to the public, other City employees and officials. B. City employees or other individuals subject to these procedures shall not use non-City social media sites for personal use for any purpose or in any manner that may adversely affect the City, his or her City employment or City designated responsibilities, his or her City workplace and/or that of other City employees or elected officials, including, but not limited to, speech, conduct, photographs, videos, audio messages, or other activities, images, or recordings that constitute or convey bullying,gossiping, sexual harassment, abuse of City or other public resources,violation of City policies, or illegal activity. Such use by City employees of non-City social media site may result in disciplinary action up to and including termination. C. Where a City employee or other individual subject to these procedures acting in his/her personal capacity,wishes to post or comment on Non-City social media site: 1. Regarding work or subjects associated with the City, or 2. Where such employee or individual is or would reasonably be believed to be speaking in his/her City professional,volunteer, or official capacity, the provisions of this and other City policies shall apply, and the employee or individual shall include the following disclaimer in his/her post/comment: Disclaimer: This post/comment is my own and does not necessarily represent the positions or opinions of the City of Meridian. D. City employees shall not access or use non-City social media sites in a manner that causes loss of productivity during working hours. Such use by City employees may result in disciplinary action up to and including termination. Revision Date:12/14/202 Page 553 Item#21. APPENDIX A CITY OF MERIDIAN SOCIAL MEDIA TERMS OF USE STATEMENT I. Terms of Public's Use of [Name of Site] A. This site is intended to provide important, relevant and engaging information to Users, specifically regarding City of Meridian business, events, and programs [specifically related to FOCUS AREA].Any comment or materials posted by a User of this site may be attributed only to that User, and does not necessarily reflect the positions or opinions of the City of Meridian, its employees or officials. The City of Meridian does not warrant the accuracy of any statement or claim made here, is not responsible for any User- generated content, and does not endorse any opinion expressed here. All Users must comply in all respects with the City of Meridian's Terms of Public's Use for this site. The following terms of use shall also apply: 1. The City seeks to serve all of its constituents by hosting an open but civil dialogue. Reasonable arguments for opposing views are encouraged. 2. Users shall have no right of privacy on the City's social media sites, as such sites may be or contain public records subject to disclosure pursuant to the Idaho Public Records Act and the City's records retention schedule. 3. A comment posted by a member of the public on any City social media site is the opinion of the commentator or poster only. Publication of a comment does not imply endorsement of, or agreement by, the City of Meridian, nor do such comments necessarily reflect the opinions or policies of the City of Meridian. 4. Comments should relate to the topic being discussed in the original post, should not contain random or unintelligible information or text, and should not be wholly an advertisement of commercial products or services. 5. Comments containing or uploading any of the following inappropriate forms of content are subject to removal and/or restriction: a. Content that is deemed in violation of City policy, these terms of use,the terms and conditions of use of[Name of Site], or any applicable federal, state or local law; b. Profane, obscene, indecent, violent, or pornographic content; c. Content that promotes,fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender,gender identity, sexual orientation, or national origin; d. Defamatory or personal attacks; e. Threats to any person or organization; Revision Date:12/14/202 Page 554 Item#21. f. Encouragement or incitement of illegal activity; g. Information that may tend to compromise the safety or security of the public or public systems; h. Spam, scams, or fraudulent or deceptive messages; i. Content that provides personally identifiable medical information of someone other than the commenter; j. Content that violates a known legal ownership interest, such as a copyright or trademark of any party; or k. Any content that contains or perpetuates a virus, corrupted file, or other defect or program that may cause damage. 6. All use of this site shall be bound by the City of Meridian terms and conditions of use. Where appropriate, City may report any violation of such terms and conditions to [Name of Site]. 7. These terms may be revised at any time. 8. A User's submission, posting, or other publication of a comment constitutes acceptance of these terms. Revision Date:12/14/202 Page 555 Item#21. C�WF,Nt City of Meridian Standard Operating Procedure Number 6.20 Use of Unmanned Aerial Devices (Drones) Purpose: To set forth the City's procedures regarding the use of drones by employees. Procedures and Related Information: I. As needed to perform required job functions, an employee may be authorized by the department director to use a City drone. All drone operations shall follow all established policies and procedures for operating City equipment. II. Employees must obtain remote pilot certifications from the FAA prior to operating a drone owned by City or otherwise approved for City use. III. Employees operating drones must comply in all respects with: all FAA regulations and requirements; all City, State, and Federal laws and regulations; and all state and federal Constitutional guarantees. IV. Pursuant to Idaho Code section 21-213(2)(b), drones may not be used to photograph or otherwise record an individual, without such individual's written consent, for the purpose of publishing or otherwise publicly disseminating such photograph or recording. V. Employees shall not intentionally record or transmit images of any location where a person would have a reasonable expectation of privacy(e.g. residence,yard, enclosure) and shall take reasonable precautions to avoid inadvertent entry into, or recording images of, areas where there is a reasonable expectation of privacy. VI. Employees may collect information using a drone only while using it for a specifically authorized use and may not use it to conduct personal business of any type. Employees may use drone-collected information only for marketing, mapping, management and assessment of City facilities and construction projects, infrastructure monitoring, and site visits and inspections pursuant to pending applications/permits. VII. Employees may not use personally-owned drones for City purposes unless specifically requested and approved by the department director. Revision Date:12/14/202 Page 556 Item#21. City of Meridian 1 Standard Operating Policy Number 7.1 Drug and Alcohol Purpose: To set forth the City's policy to provide a drug and alcohol-free workplace for the protection and well- being of the City, its employees, property, equipment, operations, and the public it serves. 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 possession of alcohol and controlled substances.The City is committed to promoting and maintaining a drug and alcohol-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. Employees are expected to report to work drug and alcohol free in order to enable safe and efficient job performance. Employees are expected to engage in activities while on the job,while on City premises, or in the scope and course of employment, which are appropriate for the work environment and do not compromise the City's integrity or interest in maintaining a safe, secure, and drug and alcohol-free workplace. For the purpose of this policy, volunteers are considered employees, when in the workplace. This policy applies to all regular full-time, part-time, introductory, temporary, seasonal, contract employees, and all selected job applicants or prospective City employees. 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. Anyone found to be in violation may be subject to disciplinary action, up to and including termination. This Drug-Free Workplace Policy is not intended to replace or supersede 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. This policy shall be implemented pursuant to the Drug and Alcohol Standard Operating Procedures. Represented Employees(Fire Union) The collective labor agreement shall govern the alcohol/drug program/policy for represented employees. Revision Date:12/14/202 Page 557 Item#21. Authority& Responsibility: The Human Resources Director or designee shall be charged with interpreting and administering this policy. Supervisors and department directors are responsible to ensure compliance to this policy within their areas of responsibility. Revision Date:12/14/202 Page 558 Item#21. C�WF,Nt City of Meridian Standard Operating Policy 7.2 Use of Nicotine or Tobacco Products Purpose: To set forth the City's policy on the use of nicotine or tobacco products, real or simulated, by employees, on City property during work hours. Policy: To promote a healthy workforce and healthy working environment, employees' use of nicotine or tobacco products, real or simulated, on City property during work hours is hereby prohibited. This policy shall be implemented pursuant to The Use of Nicotine or Tobacco Products Standard Operating Procedures. Authority and Responsibility: Human Resources shall be responsible for interpreting this policy. Exceptions: This policy does not restrict employee use of products prescribed or recommended by a health care provider as part of a smoking or tobacco cessation program, so long as use of such products during work hours occurs in public smoking areas only.This exception shall only apply for sixty(60) days after providing notice to Human Resources at the beginning of the program or until program completion occurs, whichever is shorter. Revision Date:12/14/202 Page 559 Item#21. City of Meridian 1 Standard Operating Policy Number 7.3 Workplace Violence Purpose: To set forth the City's policy prohibiting violence in the workplace by employees, supervisors, elected or appointed officials, and members of the public. Policy: The City prohibits the use of verbal, physical, and/or electronic means of intimidation, threats or violent acts by or towards any City employee, on any City premise, and/or within any City vehicle. All such actual or potential incidents must be reported promptly to the employee's supervisor, department director, Human Resources Director or designee, or the Compliance and Ethics Helpline. This policy shall be implemented pursuant to the Workplace Violence Standard Operating Procedures. Authority& Responsibility: Supervisors and department directors or designees are responsible for ensuring a violence-free workplace within their scope of responsibility. Human Resources shall be responsible for administering this policy. Revision Date:12/14/202 Page 560 Item#21. City of Meridian 1 Standard Operating Policy Number 7.4 Criminal Charges Purpose: To set forth the City's policy on employees who incur criminal charges. Policy: Employees charged with a misdemeanor or felony of any class must report the charge immediately to his/her department director or designee. Should the charge interfere with the employee's ability to perform his/her duties, create a conflict of interest, or compromise the best interests of the City,the employee may be subject to disciplinary action up to and including termination. This policy shall be implemented pursuant to the Criminal Charges Standard Operating Procedures. Authority& Responsibility: Human Resources shall administer and interpret this policy. Department Directors or supervisors who are informed by an employee of criminal charges must report such information to the Human Resources Director or designee immediately. Revision Date:12/14/202 Page 561 Item#21. City of Meridian 1 Standard Operating Policy Number 7.5 Standards of Conduct Purpose: To set forth the City's policy regarding standards of conduct and behavior to be followed by all City employees, appointed officials, and elected officials ("employees"). Policy: All employees are expected to conduct themselves in a professional manner that is representative of the City. All employees regardless of title are expected to provide excellent customer service to the public, treat all members of the public with due respect, be accountable for their actions, and to maintain good community relations. This policy shall be implemented pursuant to the Standards of Conduct Standard Operating Procedures. Authority&Responsibility: Human Resources shall be responsible for administering this policy. Revision Date:12/14/202 Page 562 Item#21. C�VF,Nt City of Meridian Standard Operating Policy Number 7.6 Prohibited Activities in Workplace Conduct Purpose: To set forth the City's policy for activities and behaviors that are inappropriate and prohibited within the workplace. Policy: All employees, appointed officials, and elected officials are expected to perform and behave in a professional and courteous manner. Inappropriate and prohibited activities and behavior within the workplace will not be tolerated by employees or volunteers (as applicable). This policy shall be implemented pursuant to the Prohibited Activities in Workplace Conduct Standard Operating Procedures. Authority& Responsibility: Human Resources shall administer and interpret this policy. Department Directors or designees and supervisors are responsible to ensure compliance with this policy for themselves and individuals within their assigned scope of responsibility. Revision Date:12/14/202 Page 563 Item#21. City of Meridian 1 Standard Operating Policy Number 7.7 Recycling Purpose: To set forth the City's policy regarding recycling efforts by City employees. Policy: The City of Meridian supports and actively participates in recycling efforts to protect the environment and divert materials from the landfill. All City departments are encouraged to recycle, rather than discard, any and all materials that are recycled by the City's waste hauler. This policy shall be implemented pursuant to the Recycling Standard Operating Procedures. Authority& Responsibility: Department Directors are responsible for administering this policy in their respective departments. Revision Date:12/14/202 Page 564 Item#21. City of Meridian 1 Standard Operating Procedures Number 7.1 Drug and Alcohol Purpose: To set forth the City's procedures for providing a drug and alcohol-free workplace for the protection and well-being of the City, its employees, property, equipment, operations, and the public it serves. These procedures include the City's drug and alcohol testing program and provide guidance to supervisors and employees concerning their responsibilities for carrying out the program. Procedures and Related Information: I. General A. These procedures apply to all regular full-time, part-time, introductory, temporary, and seasonal or contract employees,volunteers, and all job applicants. B. Represented employees (Fire Union) are governed by the alcohol/drug policy/program set forth in the current collective labor agreement, appendix B. C. Safety Sensitive Positions—As used in these procedures, safety sensitive positions are those positions that include the following functions, duties and responsibilities: 1. The job functions associated with these positions directly and immediately relate to public health and safety, the protection of life, and law enforcement. 2. Safety sensitive positions are those that require an employee to: a. Carry firearms; b. Have custodial responsibility for illegal drugs; 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; g. Work in the water and wastewater systems and their operations; h. Be required to maintain a Commercial Driver's License (CDL); or i. Operate heavy machinery 3. Human Resources shall maintain a list of every safety sensitive position that is covered in these procedures. Revision Date:12/14/202 Page 565 Item#21. II. Definitions A. Alcohol: means any beverage that contains ethyl alcohol (ethanol), including but not limited to beer, wine, and distilled spirits. B. Applicant:Any individual tentatively selected for employment with the City. C. City premises or City facilities: for the purpose of these procedures means all property of the City of Meridian including, but not limited to,the offices, facilities, land, and surrounding areas on the City's owned or leased property, parking lots, and storage areas.The term also includes the City's owned or leased vehicles and equipment wherever located. D. Drug Paraphernalia: Drug related paraphernalia is any unauthorized material or equipment or item used or designed for use in testing, packaging, storing, injecting, ingesting, inhaling, or otherwise introducing into the human body an unauthorized substance. E. Drug testing: means a urinalysis taken for the purpose of determining whether drugs are in the person's system or any other testing the City deems appropriate and reliable. F. Employee Assistance Program (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. Illegal drug: means any drug as defined by section 802 (6) of Title 21 of the United States Code which is not legally obtainable under chapter 13 of that title. Examples of illegal drugs are cannabis substances, such as marijuana and hashish, cocaine, opiates, phencyclidine (PCP), and so-called designer drugs and look-alike drugs or use of a legal drug not prescribed to the employee. H. Legal drug: means any prescribed drug or over-the-counter drug that has been legally obtained and is being used for the purpose for which prescribed or manufactured. I. Medical Review Officer (MRO): An independent licensed medical practitioner who has knowledge of substance abuse disorders and the appropriate medical training to interpret and evaluate all positive test results together with an individual's medical history and any other biomedical information. J. Reasonable belief: means a belief based on objective facts sufficient to lead a prudent person to conclude that a particular employee is under the influence of drugs or Revision Date:12/14/202 Page 566 Item#21. alcohol which may cause the employee to be unable to satisfactorily perform his or her job duties or pose a hazard to himself/herself or others. K. Under the Influence: means a condition in which a person is affected by a drug or alcohol in a detectable manner.A determination of being under the influence can be established by a scientifically valid test, such as breath test or urinalysis. III. 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 is strictly prohibited. While operating City equipment, at a job site during work hours or in the scope and course of City employment is also strictly prohibited. Any violation of these procedures are 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 shall be immediately reported to Human Resources and may be subject to reasonable cause drug or alcohol testing and will not be allowed to drive themselves to be tested, home or elsewhere. Refusal to comply with this rule may result in immediate termination. 4. Any on-duty conduct of any employee which results in an arrest or conviction, regardless of the form of the judgement,for Driving under the Influence, Possession of Alcohol by a Minor, procuring or distribution of illegal drugs may be subject to discipline up to and including termination. 5. Any employee arrested,while on duty,for committing an offense identified in section 4 must inform their supervisor or Human Resources immediately. Failure to do so may be subject to disciplinary action, up to and including termination. 6. Restrictions caused by the criminal conduct, i.e. driver's license restrictions;jail or work release; occupational license suspensions or revocations, etc., may be subject to discipline up to and including termination.The City of Meridian is not required by these procedures to adjust work schedules,job duties, or bonafide job requirements due to the employee's restrictions. B. Off-Duty 1. The off-duty conduct of any employee which results in an arrest or conviction, regardless of the form of the judgement, for Driving under the Influence, Possession of Alcohol by a Minor, procuring or distribution of illegal drugs may be subject to discipline up to and including termination. 2. Any employee arrested or convicted, regardless of the form of the judgment of violating a criminal offense identified in section 1 away from the workplace must inform the City of such arrest of conviction, regardless of the form of the Revision Date:12/14/202 Page 567 Item#21. judgment, immediately, but no longer than five days of the event. Notification must be made to the employee's supervisor or Human Resources. Failure to inform the City subjects the employee to disciplinary action up to and including termination. 3. Restrictions caused by the criminal conduct, i.e. driver's license restrictions;jail or work release; occupational license suspensions or revocations; etc., may be subject to discipline up to and including termination.The City of Meridian is not required by these procedures to adjust work schedules,job duties, or bonafide job requirements due to the employee's restrictions. IV. Prescribed Medication A. The use of drugs/medicine prescribed by a licensed medical practitioner will be permitted provided that it will not and in fact does not affect work performance, nor will it impair the employee's ability to safely operate equipment or machinery.The City reserves the right to have a licensed medical practitioner who is familiar with the employee's medical history and assigned duties determine if use of the prescription drug will produce effects which will increase the risk of injury to the employee or others while working. If such a finding is made,the City may limit or suspend the work activity of the employee during the period that the licensed 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 licensed medical practitioner 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 licensed medical practitioner and they must not allow any other person to consume the prescribed drug. V. 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 or at any other time that becomes known to the City will be subject to discipline up to and including termination. B. Any employee who is found to be in possession of or under the influence of alcohol in the workplace or during work hours in violation of these procedures and will be subject to disciplinary action up to and including termination. C. Any employee who is found in possession of drug paraphernalia in violation with these procedures and will be subject to disciplinary action 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 these procedures will be subject to disciplinary action up to and including termination. Revision Date:12/14/202 Page 568 Item#21. Employees voluntarily participating in an alcohol/drug rehabilitation program recommended by the Employee Assistance Program 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 to 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 disciplinary action 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 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. G. If the employee is not a part of the City's random pool for testing; after completion of the prescribed program the employee shall be placed in the City Random Pool for testing for one (1)year. VI. Employee Assistance Program (EAP) &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 City's EAP program and the benefits available through the City's medical plan. The Human Resources Department has brochures and cards on the EAP program and on the Human Resources Intranet page under Benefits. B. Self-Referral 1. Rehabilitation assistance in lieu of discharge may be offered. 2. Any employee, who identifies him/herself to have an alcohol or drug problem, provided that the request is made prior to violation of the City's alcohol and drug policy, and who self-refer to the EAP program, will not be subject to disciplinary action for voluntarily requesting help due to alcohol and/or 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 these procedures. 3. 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 Revision Date:12/14/202 Page 569 Item#21. licensed medical practitioner 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. 4. 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,that may be covered under the Family Medical Leave Act(FMLA) or during a non-paid leave of absence approved by the City. 5. Affected employees shall, whenever possible, schedule outpatient rehabilitation treatment during times that will not conflict with the employee's work schedule, provided however, employees will be allowed to use vacation or sick leave, or unpaid leave, if outpatient rehabilitation treatment cannot be scheduled other than during their regular work schedule. 6. If an employee's job is a Safety Sensitive Position as designated above or requires driving a City vehicle, Human Resources may consult with the City Attorney regarding authorization to continue with all job duties while in an EAP counseling or rehabilitation program during their regular work schedule. C. Involuntary Referral When an employee tests positive for alcohol or drug use the first time (or is identified as being under the influence of alcohol or drugs at work) as identified in the City's Alcohol and Drug policy and procedures the employee may be sent to the City's EAP program for assessment, and treatment planning. Subsequent failures may be considered cause for termination. VII. Education A. Supervisors and other management personnel will be informed of: 1. Overall City policy; 2. EAP program intervention, procedures, and supervisor's role; 3. Documentation of employee performance and behavior. B. Employees will be informed of: 1. The health and safety dangers associated with alcohol and drug use; 2. The provisions of this policy and procedures through employee meetings and employee orientation. All. Testing Procedures A. Pre-Employment Testing 1. All applicants for safety sensitive positions shall be given a conditional offer of employment and will be required to submit to testing for the presence of Revision Date:12/14/202 Page 570 Item#21. 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. No application for employment may be accepted for the individual for one (1)year following a positive test. 2. An applicant will be notified of the City of Meridian's alcohol and drug testing policy prior to being tested; will be informed in writing of his or her right to refuse to undergo such testing; and will be informed that the consequence of refusal is termination of the pre-employment process. B. Reasonable Belief Testing 1. 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 his/her 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. 2. An employee who is tested in a "reasonable belief" situation will be put on administrative leave with pay pending receipt of written test results and whatever inquiries may be required. C. Post-Accident Testing 1. Any employee involved in a work-related accident will be tested for the use of alcohol and illegal drugs, as soon as possible after the accident, preferably within four(4) hours. Examples of conditions that will require an employee to take an alcohol and drug test include, but are not limited to, accidents,that result in: a. A fatality, personal injury, or injury to another person requiring transport for medical treatment away from the site of the accident; b. Damage to equipment or property owned by the City, or by a third party, that is estimated to exceed $1500. c. Damage to a City vehicle that is estimated to exceed $1500. 2. An employee who is seriously injured and cannot provide a specimen for testing will be required to authorize the release of relevant hospital reports, or other documentation,that would indicate whether there were alcohol or drugs in his/her system at the time of the accident. Any employee required to be tested under this section must remain readily available for such testing and the employee may not consume any alcohol or illegal drugs. 3. If it is determined by management that an employee's accident was caused by the actions of another, and that there were no unsafe acts on the part of the employee,the City reserves the right to waive post-accident testing of the employee. Employees who are involved in a work-related accident requiring medical treatment are to immediately inform their supervisor of the accident, Revision Date:12/14/202 Page 571 Item#21. so that any needed alcohol or drug testing may be promptly conducted in conjunction with their medical treatment. D. Random Testing Employees in Safety Sensitive positions will be subject to random alcohol and drug testing. 1. 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, or designee will notify the individual's supervisor and the individual selected for random testing on the same day the test is scheduled.The supervisor will be notified within two hours of the scheduled testing and the employee will be notified immediately preceding the scheduled testing. Upon notification,the employee shall proceed immediately to the testing site and at the City's discretion; employees may be transported or escorted to the testing site. 2. 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. 3. 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. 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 Driver's License. IX. Drug/Alcohol Specimen Collection/Testing Procedures A. Specimen Collection Procedures 1. When a prospective or current employee is notified that he/she is to submit to alcohol and drug testing he/she will be given instructions regarding where and when to report for tests, or at the City's discretion an employee may be transported or escorted to the place of collection. A collection specialist who has been trained in collection procedures will conduct all specimen collections.Testing will be done in accordance with approved collection procedures. 2. All specimens will be tested for the presence of alcohol and illegal drugs. All specimens tested for illegal drugs will be done by urine analysis.Alcohol testing will be done by a Breath Alcohol Technician (BAT) employed by the collection facility that is trained in operation of an evidential breath-testing device (EBT). If an individual is unable to take a breath-test due to a medical Revision Date:12/14/202 Page 572 Item#21. condition then a blood test will be administered. B. 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 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. C. Testing and Confirmation 1. The cut-off levels for all Non-DOT testing is as follows: Drug Class Screening Confirmation Amphetamine Family 1000 ng/ml 500 ng/ml Cocaine 300 ng/ml 150 ng/ml Phencyclidine (PCP) 25 ng/ml 25 ng/ml Marijuana 50 ng/ml 15 ng/ml Opiates 2000 ng/ml 26 ng/ml 2. The cut-off for alcohol concentrative 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 disciplinary action,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 the 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 applicant's or employee's 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. Revision Date:12/14/202 Page 573 Item#21. 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 loss 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. X. 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 MRO and the MRO determines that the test is positive the City will be notified.The collection agency will only report results to the Human Resource Director or 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 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 Resources Director or 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 MRO finds no reason to doubt the validity of the positive test,the Human Resources Director or designee will be notified of the positive test result and disciplinary action will be taken consistent with the terms of these procedures. XI. Refusal Any employee who refuses to be tested, or fails to provide a specimen or information as directed under the terms of this procedures,will be subject to disciplinary action up to and including termination. XII.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 other employee who tests positive for alcohol or illegal drugs,will be subject to disciplinary action consistent with the terms of these procedures. (Refer to the disciplinary section of this policy). Revision Date:12/14/202 Page 574 Item#21. XIII. 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. XIV.Conclusion The terms of these alcohol/drug free workplace procedures 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 these procedures may be revised when necessary.The City anticipates that by implementing an alcohol and drug free workplace policy and procedures, its employees will enjoy benefits of working in a safer, more secure, and more productive work environment.The City also anticipates that the provisions of these procedures will help maintain and promote the health, welfare, and safety of the general public. Revision Date:12/14/202 Page 575 Item#21. C�WF,Nt r.� City of Meridian Standard Operating Procedure Number 7.2 Use of Nicotine or Tobacco Products Purpose: To set forth the City's procedures regarding the use of nicotine or tobacco products, real or simulated, by employees, on City property during work hours. Procedures and Related Information: I. Definitions Real or simulated nicotine and tobacco products include, but are not limited to, cigarettes, cigars, pipes, snuff, and chewing tobacco, electronic cigarettes(or e-cigarettes), personal vaporizers (PVs), or electronic nicotine delivery systems (ENDS). A. City property includes, but is not limited to: 1. Buildings owned or managed by the City, including within twenty (20)feet of such buildings; provided that this prohibition shall not apply to city-owned parking lots. 2. Vehicles owned or leased by the City; and 3. Land and parks, whether developed or undeveloped, owned by the City. B. Work hours are defined as the employee's regular work schedule, including breaks, any overtime and/or extra shifts, and any time the employee is acting within the course and scope of the employee's duties. Work hours do not include an unpaid lunch break. II. Employees are prohibited from using nicotine or tobacco products during work hours, on City property, as defined in these procedures. III. Exceptions These procedures and the related policy do not restrict employee use of products prescribed or recommended by a health care provider as part of a smoking or tobacco cessation program, so long as use of such products during work hours occurs in public smoking areas only.This exception shall only apply for sixty(60) days after providing notice to Human Resources at the beginning of the program or until program completion occurs, whichever is shorter. Revision Date:12/14/202 Page 576 Item#21. City of Meridian 1 Standard Operating Procedures Number 7.3 Workplace Violence Purpose: To set forth the City's procedures prohibiting violence in the workplace by all employees, supervisors, elected or appointed officials, and members of the public. Procedures and Related Information: I. The City of Meridian strives to maintain a work environment free from intimidation,threats, or violent acts. Intimidating, threatening or hostile behaviors, physical abuse,vandalism, arson, sabotage, and unauthorized possession or inappropriate use of firearms, weapons, or any other dangerous devices on City property is prohibited. A. Some employees of the City may be required, as a condition of their work assignment, to possess firearms, weapons, or other dangerous devices, or are permitted to carry them as authorized by law. It is the City's policy that employees are to use them only in accordance with departmental operating procedures and all applicable state and federal laws. B. Some employees of the City may have a concealed weapon permit and desire to carry the weapon with them into the workplace. In these instances, employees shall keep the weapon in their possession or out of sight and in a secure location where others cannot access it. Employees shall not display or brandish the weapon or allow others to handle it in the workplace. C. While open carry is legal in Idaho, employees shall keep any weapon brought to the workplace in their possession or out of sight and in a secure location where others cannot access it. Employees shall not brandish the weapon or allow others to handle it in the workplace. D. Failure to comply with these procedures may be grounds for disciplinary action, up to and including termination. II. Employees who feel they have been subjected to any of the behaviors listed or who observe or have knowledge of any violation of these procedures should immediately report it to their supervisor, department director, or the Human Resources Director or designee. All reports will be investigated and disciplinary action taken, if appropriate. III. The City reserves the right anytime, anywhere without notice to conduct searches and inspections of employees' personal effects or City-provided equipment,vehicles, offices, desks, cabinets, lockers, computer files, emails, or any other City owned property. Any illegal and Revision Date:12/14/202 Page 577 Item#21. unauthorized articles discovered may be taken into custody and may be turned over to law enforcement representatives. IV. Any employee who violates these procedures, refuses to submit to a search, or is found in possession of prohibited articles will be subject to disciplinary action, up to and including termination of employment. Revision Date:12/14/202 Page 578 Item#21. City of Meridian 1 Standard Operating Procedures Number 7.4 Criminal Charges Purpose: To set forth the City's procedures for employees who incur criminal charges. Procedures and Related Information: I. Any City employee who is charged with a misdemeanor or felony must report the charge immediately to his/her department director or supervisor.The employee may be subject to disciplinary action up to and including termination should the charge interfere with the employee's ability to perform his/her duties, create a conflict of interest, or compromise the best interest of the City, all of which will be determined solely by the department director or designee and the Human Resources Director or designee.The employee may be suspended from work pending outcome of the leadership decision and/or legal process. II. Failure to inform the City subjects the employee to disciplinary action up to and including termination. III. If an employee is convicted of a crime, whether misdemeanor or felony,that impacts his/her ability to meet the essential functions of his/her position or that creates a conflict of interest or that compromises the best interests of the City, all of which will be determined solely by the department director or designee and the Human Resources Director or designee,the employee may be subject to disciplinary action up to and including termination. Revision Date:12/14/202 Page 579 Item#21. City of Meridian 1 Standard Operating Procedures Number 7.5 Standards of Conduct Purpose: To set forth the City's procedures regarding standards of conduct and behavior to be followed by all City employees, appointed officials, and elected officials ("employees"). Procedures and Related Information: I. Standards of Conduct A. The ability to provide excellent service to the public and to maintain good community relations depends on the City's employees.As an integral member of the City's workforce, each employee is expected to: 1. Conduct themselves in a professional and courteous manner at all times; 2. Accept and carry out responsibilities in the most effective and efficient way possible; 3. Adhere to acceptable professional principles in matters of personal conduct; and 4. Exhibit a high degree of integrity at all times. B. The City has outlined basic standards of conduct to assist each employee in understanding his/her responsibility as a City employee.These standards are provided as an example of appropriate conduct, and are not meant to be all-inclusive. C. Violation of these procedures may result in disciplinary action, up to and including termination.The list below are non-exclusive examples of conduct. II. Expectations Each employee is expected to, at minimum: A. Abide by all departmental rules whether they be written or issued orally by the supervisor. No employee shall be required to follow the directive of a supervisor, which violates laws of the City,the State, or the Nation. B. Adhere to the State of Idaho's Code of Ethics sections 18-1351 through 18-1362;The Prohibition Against Contract with Officers Act sections 59-201-209; and the Ethics in Government Act sections 59-701 through 59-705 and any other state statues that govern City government. C. Perform assigned tasks efficiently and effectively, and in accordance with expected standards of performance. D. Report for work on time. E. Provide proper advance notice whenever unable to work or report to work on time. Revision Date:12/14/202 Page 580 Item#21. F. Report any illness or disability or medication that may adversely affect job performance. G. Keep confidential information private and avoid discussing it with anyone other than appropriate City staff members. Confidentiality is critical to maintaining the respect and dignity of co-workers, employees, and the public. H. Keep work environment clean and orderly. Before departing at the end of the workday, check to see if doors and files have been locked, and clear from desks or tables any documents of a sensitive or confidential nature. I. Put forth your best efforts to work in harmony with co-workers, employees, and the public. J. Extend courtesy, respect, and consideration to all co-workers, employees, and members of the public. Respect and promote the unique individuality of each co- worker, manager, and citizen, and refrain from discriminating or stereotyping on the basis of legally protected classes including, but not limited to, gender, race, sex, age, national origin, religion, or disability. K. Avoid conflicts of interest or use public position for personal gain. L. Comply with all City safety rules and regulations. M. Exercise maximum care and good judgement at all times to prevent accidents and injuries. N. Report as soon as possible work-related injuries and illnesses, regardless of their extent or nature, unsafe working conditions, and the need for maintenance or repair of vehicles or equipment. O. Recognize and understand that employees will be held accountable for damage to or loss of funds or property for which you are responsible. When the loss is due to negligence or carelessness, employees may be required to replace or pay for the items lost or damaged. P. Recognize and understand that the City is not normally responsible or accountable for loss or theft of personal property of employees. Q. Obtain specific written permission from a supervisor before removing City property from the premises. R. Maintain a current driver's license when necessary to meet the qualifications for the position. S. Do not engage in conduct away from work that, although not criminal, may reflect adversely upon the City. T. Recognize and understand that the City expressly prohibits any acts or threats of violence by any City employee or former employee against any other employee in or about City facilities or elsewhere at any time. U. Report any arrests or misdemeanor or felony charges that occur during employment. The City will review each situation based on its own merit, but may take appropriate disciplinary action when necessary. V. Do not report to work or work while under the influence of alcohol or drugs. W. Comply with standards of dress,which are set by each department director. Revision Date:12/14/202 Page 581 Item#21. C�WF,Nt City of Meridian Standard Operating Procedures Number 7.6 Prohibited Activities in Workplace Conduct Purpose: To set for the City's procedures regarding, activities and behavior that are inappropriate and prohibited within the workplace by all employees, appointed officials, and elected officials ("employees"). Procedures and Related Information: I. While not all-inclusive,the following list provides examples of unacceptable conduct or performance that may result in disciplinary action, up to and including immediate termination. This list includes, but is not limited to: A. Violation of or failing to follow safety standards. B. Showing up for work or being under the influence of, using, or possessing illegal drugs, controlled substances or alcohol, while performing City business, on City time or premises. C. Bringing or possessing unauthorized firearms, weapons, explosives, or similar items on City property. D. Plea of or finding guilt, conviction of official misconduct in office, or conviction of a crime that reflects negatively on the employee's ability to perform the job or on the City as an employer. E. Insubordination, including improper conduct toward a supervisor or refusal to do work as assigned without proper justification. F. Discriminate in the treatment of co-workers or members of the public on the basis of legally protected classes, including, but not limited to, sex, race, religion, gender, age, national origin, or disability. G. Fighting, provoking a fight, or threatening physical violence toward another employee or member of the public while on duty, or performing City business or representing oneself as a City employee. H. Engaging in malicious gossip or rumors about other employees, management, or City leaders. I. Engaging in abusive treatment (physical,verbal, email,text, or any other electronic means) of others. J. Making degrading comments about a person of his/her appearance. K. Teasing, kidding,touching, or telling jokes that may be perceived as inappropriate or offensive. L. Providing false or misleading information on employment applications,job performance reports, or any other related personnel documents or papers. M. Misusing, abusing, destroying or damaging City property or equipment. N. Failing to report a job injury or accident; making false claims or inaccurate statements in the reporting of an injury or accident. Revision Date:12/14/202 Page 582 Item#21. O. Tardiness, absenteeism,job abandonment, unexcused or unauthorized absence or leave from work. P. Abusing of benefit offerings by taking unjustified or unearned sick leave,vacation leave, or otherwise participate in a scheme or deception to create incorrect records or to claim benefits,which are not deserved in accordance with City policy. Q. Using work time for personal business including selling of good or services to the general public, or preaching religious or political views to members of the public or other employees during work hours. R. Altering, falsifying, or destroying time-keeping records or other City records. S. Unauthorized disclosure of confidential information from City records. T. Using position and/or public office or position to obtain personal or financial gain or accepting valuable gifts in exchange for influence or favors given as a City employee. U. Inability to perform the essential functions of the position after reasonable accommodation has been offered and/or made. V. Unlawful discrimination and/or harassment of other employees. W. Unsatisfactory performance, including unwillingness or inability to get along with co- workers. X. Failure to comply with or disregard of employment-related rules, policies, and prohibitions. Y. Failure to abide by department rules and City of Meridian policies concerning dissemination of information to the public from public records or about public matters. The decision to release information from the public records or to disclose writings or other information in the hands of a public official belongs with the City Clerk's office who has official custody of City records. Each employee shall maintain the confidential nature of records,which are not open to public scrutiny in accordance with the direction of the responsible official. Z. Failure to maintain a current driver's license when necessary in the conduct of work for the City. Each employee is obligated to report any state-imposed driving restrictions to his/her immediate supervisor and to notify his/her supervisor in the event that his/her driving abilities are impaired by other than state restrictions. (Refer to the City's drug- free workplace policy and testing policy for more information, or contact the Human Resources Department). AA. Engaging in abusive conduct to fellow employees or the public, or use abusive language in the presence of fellow employees or the public. Abusive language shall include profanity and loud or harassing speech. II. The City will attempt to address concerns and complaints of employees in a timely and reasonable manner. If employees are concerned about work-related issues,they may and should discuss these concerns with their supervisor, department director, and the Human Resources Director or their designees. Concerns specifically related to harassment, discrimination, and unethical behavior may also be reported through the City's Compliance and Ethics Helpline or to the Mayor. Revision Date:12/14/202 Page 583 Item#21. City of Meridian 1 Standard Operating Procedure Number 7.7 Recycling Purpose: To set forth the City's procedures regarding recycling efforts by City employees. Procedures and Related Information: I. Employees should follow the City's waste hauler's guidelines for recycling when disposing of potentially recyclable materials (cardboard, paper, certain plastics, and aluminum-tin cans). II. Departments will coordinate with maintenance to place at least one recycling bin in a common area for employees' use. III. There will be a larger recycling bin also located by maintenance in a common area in the basement of City Hall. IV. Questions regarding disposal or recycling options for materials or assets owned by the City should be addressed with Finance. Questions regarding options for disposal or recycling of computers should be addressed with IT. V. Employees are prohibited from removing items from the recycling bins for personal gain. Questions should be addressed to the City Attorney or designee. VI. Employees must obtain City Attorney or designee approval prior to removing items from the recycling bins for non-profit use. Revision Date:12/14/202 Page 584 Item#21. City of Meridian 1 Standard Operating Policy Number 8.1 Disciplinary Action Purpose: To set forth the City's policy regarding disciplinary action to ensure consistent and equitable application for all employees. Policy: Supervisors and department directors or designees are directed to assist employees in improving substandard or unacceptable performance and behavior by setting effective expectations, providing feedback, coaching, counseling, and other proactive activities. However, when employees do not respond to such efforts, or when events take place that are so grievous as to require disciplinary action, supervisors, department directors or designees are directed to follow the City's disciplinary process. This policy shall be implemented pursuant to the Disciplinary Action Standard Operating Procedures. Authority& Responsibility: The Human Resources Director or designee shall be responsible for interpreting this policy. Supervisors and department directors or designees shall have authority and are responsible for administering this policy within their areas of responsibility up to specified levels of disciplinary action as outlined in the Disciplinary Action Standard Operating Procedures.The Mayor may be advised of disciplinary decisions made which involve demotion, suspension, or termination. Revision Date:12/14/202 Page 585 Item#21. City of Meridian 1 Standard Operating Policy Number 8.2 Termination of Employment Purpose: To set forth the City's policy regarding employment termination and the reasons for such termination proceedings. Policy: Employment with the City may be terminated at any time. As per the City's at-will policy,the City reserves the right to terminate employment at any time and for any or no reason. Employment may be terminated voluntarily (at the employee's request) or involuntarily (at the City's request). All involuntary terminations, except for Introductory Period employee terminations, are subject to the Adverse Employment Action Appeal Policy and related procedures. This policy shall be implemented pursuant to the Termination of Employment Standard Operating Procedures. Authority& Responsibility: The Human Resources Director or designee shall be responsible for interpretation and administration of this policy. Pursuant to the Adverse Employment Action Appeal Policy,the Mayor shall have the sole authority to make final termination decisions for employees.The Mayor with approval of City Council is authorized to make termination decisions for appointed positions.The City Council also may terminate any appointed position as allowed by the Meridian City Code and the Idaho State Code. Revision Date:12/14/2021 Page 586 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 8.3 Adverse Employment Action Appeal Purpose: To set forth the City's policy regarding the City's process for employees to appeal decisions that involve adverse employment action, up to and including termination. Policy: Employees who become subject to adverse employment decisions that include suspension, demotion, disciplinary probation, or termination may be eligible to appeal such decisions. This policy shall be implemented pursuant to the Adverse Employment Action Appeal Standard Operating Procedures. Authority& Responsibility: The Human Resources Director or designee shall be responsible for interpreting this policy and for initial investigations that may take place as a result of the appeal process.The Mayor shall be responsible for final decisions regarding an appeal. Revision Date:12/14/202 Page 587 Item#21. City of Meridian 1 Standard Operating Procedures Number 8.1 Disciplinary Action Purpose: To set forth the City's procedures regarding disciplinary action to ensure consistent and equitable application for all employees. Procedures and Related Information: I. Purposes of Disciplinary Action Disciplinary action is typically considered when an employee engages in unacceptable performance or behavior. Below are outlined typical circumstances wherein disciplinary action should be considered.The disciplinary actions listed are not meant to be all-inclusive. Other circumstances may arise where disciplinary action may be warranted. A. Violation of Policy or Procedure: Employees who violate City policy or procedures as set forth within the City's Standard Operating Policies (SOPS) and Standard Operating Procedures (SOPRs), instructional manuals, or other reference sources may be subject to disciplinary action as set forth within these procedures. Disciplinary action should be commensurate with the level of policy violation and the impact upon City operations, employees, reputation, liability, etc. Such employees may be subject to disciplinary action, up to and including termination. B. Unacceptable Behavior: In cases where employees violate the City's Standards of Conduct (see SOPS 7.5 and 7.6), or otherwise engage in behavior including, but not limited to behavior that is unacceptable, unprofessional, or which creates a hostile or uncomfortable work environment, such employees may be subject to disciplinary action, up to and including termination. C. Workflow Impact: Employees who, by their actions or inactions, create a negative impact on the workflow or ability to perform assigned duties by other employees, may be subject to disciplinary action, up to and including termination. D. Substandard Performance:The City expects its employees and managers to perform assigned duties and responsibilities in an effective manner that meets reasonable expectations of quality, quantity, and timeliness. Supervisors are expected to help employees improve performance in cases of unacceptable performance through effective feedback, coaching, and counseling efforts. However, when such actions become ineffective, employees may become subject to disciplinary action, up to and including termination. Revision Date:12/14/202 Page 588 Item#21. II. Steps of Progressive Disciplinary Action A. The following is a list of steps that supervisors may follow in administering disciplinary action. Please note that these steps are guidelines only. Disciplinary action may be initiated at any step in this process, at the discretion of the department director and the Human Resources Director or their designees depending on the performance problem, the type of conduct, or the nature of the offense involved.Termination may also result without any other prior warning being given. B. Disciplinary action may call for any of the following steps, depending on the issue and the type or nature of the offense. 1. Coaching and Counseling In cases of unacceptable performance, and prior to formal disciplinary action, supervisors are encouraged to use methods of coaching and counseling to resolve performance problems. Supervisors should clarify expectations and provide specific, measurable feedback to employees in order to improve performance. Performance counseling sessions should be documented,with information including performance agreements, documentation of performance improvement plans, and other related information. 2. Verbal Warning This is defined as an informal discussion of the employee's action and/or behavior that is stated specifically by the supervisor.The employee has the opportunity to explain his/her side of the situation, and the supervisor will consider that information before developing specific corrective actions.The supervisor should elicit the employee's ideas on how to resolve the issue and incorporate those whenever possible.The supervisor will specify performance agreements made, including how the employee is expected to improve,the timeframes for improvement and specific consequences for a lack of follow- through. Documentation of this verbal warning should be made by the supervisor and kept with the supervisor's work records. 3. Written Warning The same procedures of the verbal warning are recommended in this step. However, in addition, the supervisor and/or department director will prepare written documentation of this conversation for the employee and the employee's personnel file.The documentation, usually in memo form,will include the date of the conversation;the rule or policy/procedure violation specifically stated; a reference to the earlier oral warning, if given; a statement of the specific change in the employee's performance that is expected;the time allowed for improvements may be included;the consequences of not meeting the performance expectations; and comments the employee made during the conversation. An acknowledgement of receipt should be signed by the employee and dated; it might read, "I acknowledge that a copy of this written warning was given to me on this day." Revision Date:12/14/202 Page 589 Item#21. 4. Demotion An employee may be demoted to a position of lesser responsibility and salary. Depending on the position, demotion may or may not be available. For information about salary impact, refer to the Compensation policy or contact the Human Resources Department. S. Performance Improvement Plan An employee whose performance is below expectations may have his/her performance reviewed on a schedule determined by the supervisor and/or department director or designee.The review(s) should include a formalized written improvement plan, noting dates, expected results, and responsibilities. Regardless of the outcome of the performance improvement plan, the employee's at-will status with the City remains the same. 6. Suspension Suspension with or without pay is usually, but not always, used after a verbal warning, written warning, or performance improvement plan that individually or collectively has been given to the employee and no change in performance has resulted. It is often the final step before termination.The supervisor and/or department director will again confer with the employee about the disciplinary issue and will review all the actions, documentation, and expectations not addressed;the employee will be asked for other information to be considered. The supervisor, department director, and Human Resources Director or designee will confer to determine appropriate action, including the duration of the suspension, and will document the entire process and conversation in memo form for the employee and the employee's personnel file.The employee will be asked to acknowledge receipt of the memo. Exempt employees will not suffer deductions from their salary for suspensions of less than one workweek. 7. Termination Termination occurs when other remedies have failed to correct unacceptable job performance and/or when an employee commits an offense so serious in the judgement of the City that termination of employment is appropriate.The supervisor, department director, Human Resources Director or their designees, and the City Attorney or designee will confer to determine when termination is required.The Mayor has total discretion on employee termination. Revision Date:12/14/202 Page 590 Item#21. City of Meridian 1 Standard Operating Procedures Number 8.2 Termination of Employment Purpose: To set forth the City's procedures regarding employment termination and the reasons for such termination proceedings. Procedures and Related Information: I. Termination of employment occurs when the employee or the City decides to end the employment relationship, either voluntarily or involuntarily. A. The City has no obligation to terminated employees other than to pay final wages in accordance with state and federal law. II. Voluntary Termination Voluntary termination typically involves the voluntary resignation of an employee or an individual's retirement. Details are provided below. A. Employees who choose to separate from City employment are urged to submit written notice to their supervisor fourteen (14) calendar days prior to their last day of work. Proper notice generally allows the City sufficient time to calculate all leave benefits and/or other monies to which the employee may be entitled.An employee's supervisor, department director or designee, in conjunction with the Human Resources Director or designee, or the Mayor may choose to waive this request and immediately end the employment relationship. The Human Resources Director or designee may consult with the City Attorney regarding waiver of notice, if necessary. B. Employees may expect their final paycheck to be electronically deposited in their designated account on the next regular payday and/or in compliance with state law. C. Retirement Employees eligible for retirement benefits under PERSI (see SOP 5.3)who decide to leave employment should notify Human Resources as soon as possible about their decision.This will allow for sufficient time to arrange for PERSI benefits to begin at the time of termination. It also provides sufficient time to allow for a replacement to be found for the position in order to continue to meet operational demands. III. Involuntary Termination Involuntary termination typically involves a termination of employment at the request of the City. Involuntary termination typically consists of the actions as described below.Termination of employment as initiated by the City requires approval from the department director and Human Resources Director or designee.The City Attorney may be consulted by the Human Revision Date:12/14/202 Page 591 Item#21. Resources Director or designee regarding involuntary terminations. The Mayor may be advised as appropriate by the Human Resources Director or the City Attorney. A. At-Will Termination As an at-will employer,the City reserves the right to terminate employment at any time for any or no reason.As outlined in SOP 1.2, employment with the City is not guaranteed, nor does this or any other policy or agreement create a binding contract or guarantee of employment for those employees not represented by the current collective labor agreement.At-will terminations typically take effect immediately, with possibility for appeal in accordance with the procedures for adverse actions employment appeals (SOPR 8.3). B. Disciplinary Termination As a part of its discipline policy (see SOP 8.1), the City may choose to terminate employment at any time for violation of City policies, procedures, practices, codes and standards of conduct, or for any other unacceptable behavior, action or practice. Disciplinary terminations typically take effect immediately, with possibility for appeal in accordance with the procedures for adverse actions employment appeals (SOPR 8.3). C. Lay-Offs Layoff is defined as severance of an employee from the work force due to lack of work or funds. Layoff is made without prejudice and is no fault of the affected employee. Layoff may occur due to lack of work, budgetary restrictions, reorganization, or other factors. Layoffs may or may not provide employees with prior notification before taking effect. D. Job Elimination In some cases where a position is eliminated, an employee may be provided the opportunity to transfer to another City position for which he or she may be qualified. Failure to accept the transfer will be regarded as a voluntary termination. IV. Notification of Termination Employees being terminated shall receive written notice stating reasons for the action. Employees subject to involuntary termination shall be given an opportunity to appeal the action according to the timeframe and provisions set forth in the procedures for adverse employment action appeals (SOPR 8.3).The Human Resources Director or designee, in consultation with the department director or designee, will prepare the notification. V. Suspension or Termination of Appointed Officials Appointed officials may be suspended with or without pay by the Mayor with notification to City Council.The Mayor with approval of City Council is authorized to make termination decisions for appointed positions.The Mayor shall set an administrative hearing and shall notify the appointed official of the time and place of the hearing, which will be heard by a majority of the City Council members and the Mayor.The Mayor shall invite the Human Resources Director and City Attorney to attend the hearing. Appointed officials shall be terminated by the procedures set out in Idaho Code section 50-206. Exempt employees will not suffer deductions from their salary for suspensions less than one work week. Revision Date:12/14/202 Page 592 Item#21. VI. Exit Interviews A. Whenever possible prior to an employee's separation from City employment,the Human Resources Director or designee will schedule an exit interview with the employee.The purpose of this interview is to: 1. Obtain information and suggestions from the employee that may help to improve the quality of City services and the general work environment. 2. Identify areas of improvement, eliciting the employee's ideas for reasonable implementation. 3. Advise the employee of benefits and benefit conversion privileges for which the employee may be eligible. Exit interviews are voluntary. B. Human Resources shall be responsible for scheduling all exit interviews.Typically, efforts will be made to schedule exit interviews prior to the last day of employment; however, circumstances may require setting the interview for a later time. C. Human Resources may forward any applicable comments, recommendations, or other information to the Mayor. VI I. Surrender of City Property A. Employees are required to return all City property to the department director or designee at the time of separation. B. If the property is not returned,the employee will be asked to sign a written authorization to deduct the cost of the indebtedness from the final paycheck. Revision Date:12/14/202 Page 593 Item#21. C�WF,Nt City of Meridian Standard Operating Procedures Number 8.3 Adverse Employment Action Appeal Purpose: To set forth the City's procedures regarding the City's process for employees to appeal decisions that involve adverse employment action, up to and including termination. Procedures and Related Information: I. All adverse employment actions, up to and including termination shall be taken in accordance with the City's Disciplinary Action and Termination of Employment policy and procedures, (SOP 8.2 and SOPR 8.2.)The supervisor shall document all relevant facts and determine appropriate adverse employment action in consideration of the severity of the offense or performance problem, previous performance issues of a similar nature and the period of time between occurrences, overall work records,treatment of other employees under similar circumstances, and related herein. II. For those cases where employees feel that the adverse employment action taken was improper or not commensurate with the circumstances, an appeal procedure has been established to hear and consider the employee's concerns.All City regular full-time or part-time employees, excluding appointed officials and introductory employees,who have been demoted, suspended, placed on disciplinary action, or terminated, shall have the right to appeal certain adverse employment decisions as outlined herein. III. Grievance for represented employees shall be governed by the provisions of the collective labor agreement. Refer to the collective labor agreement for the process and appeals procedure. IV. Appeal Procedures The following procedures shall apply for adverse employment action appeals. It is required for all stages of the appeals process that the supervisor involved shall utilize Human Resources for direction and guidance. A. When an employee disagrees with adverse employment decisions that include demotion, suspension, disciplinary action, or termination, he/she will have three (3) working days from the date the decision is administered to make an appeal to his/her immediate supervisor.The employee should first attempt to informally resolve the issue with his/her immediate supervisor. When normal communications between an employee and the supervisor are not possible or successful,the employee may proceed to the next step in the process. B. The employee must submit his/her written appeal to the department director or designee within five (5)working days of receiving the supervisory decision regarding the appeal.The department director or designee shall meet with the aggrieved employee Revision Date:12/14/202 Page 594 Item#21. within five (5)working days of receipt of the written appeal to discuss the adverse employment action.The department director, or designee, shall issue a decision to the employee within five (5)working days following the meeting. Every effort shall be made by the employee and the department director, or designee,to resolve the appeal at this level. If resolution is reached at this step,the appeal is considered complete and documentation of its resolution will be filed with the Human Resources Director, or designee. If the appeal is unresolved,the employee may proceed to the next step in the process. C. After receiving the department director's decision, the employee shall present his/her appeal in writing within five (5) working days to the Human Resources Director, or designee,who shall make careful inquiry into the facts and circumstances of the adverse employment action.The Human Resources Director may request an investigation or intervention by an outside (non-City employee) third party.The Human Resources Director, or designee, may consult with the City Attorney, or designee at any point during an adverse action appeal. D. The Human Resources Director, or designee, department director, or designee, and the employee will meet within five (5) working days to attempt to resolve the problem promptly and fairly. Once the inquiry and/or investigation is completed, a written response will be issued to the department director, or designee, and employee within five (5) working days, and kept on file by the Human Resources Director, or designee. If the appeal is unresolved,the employee may proceed to the final step in the process. E. If the adverse employment action is unresolved the employee shall send a written appeal letter to the Mayor within five (5)working days requesting a meeting.The appeal must specify the reasons why the employee disagrees with the adverse employment decision.The Mayor will then schedule a meeting based on their availability with the employee to hear the appeal. A decision by the Mayor will be issued in writing to the employee within ten (10) working days of a decision and forwarded to the Human Resources Director, or designee. The decision by the Mayor shall be final. F. Time frames set forth in these procedures may be extended upon mutual consent of the parties. V. Confidentiality Any employee who uses the appeal process will be expected to keep all matters private and confidential. City representatives will keep information concerning the issues as confidential as possible, consistent with objective investigations and fair resolution of the adverse employment action and appeal process. VI. Non-Retaliation Retaliation against an employee for using this appeal process or anyone cooperating in the appeal process is prohibited. VII. The above procedures are not a promise or contract,expressed or implied,that will be followed in every instance. Revision Date:12/14/202 Page 595 Item#21. City of Meridian 1 Standard Operating Policy Number 9.1 Accounts Payable Policy Purpose: To set forth the City's policy regarding Accounts Receivable Policy: 1. To set forth the City's policy to maintain control over the disbursement of its funds by requiring proper approval and consistent application of procedures for all disbursements. 2. To set forth the City's policy that seeks to promote fiscal control,timely and accurate disbursement of funds for external purchases and employee reimbursements; and compliance with state and federal regulations. Authority& Responsibility: 1. Finance department shall be the only department to disburse payment via check, cash/coin, wire transfer, or automatic clearing house. 2. Finance department shall be responsible for monitoring Accounts Payable to ensure vendor accounts are current and all outstanding payments due are regularly reviewed to prevent violation of terms and conditions along with the prevention of late fees. 3. City Controller is responsible for developing proper internal controls and segregation of duties relating to all processes relating to Accounts Payable functions. 4. Finance department is responsible for maintaining a list of Department Approved Signers. 5. Department Directors are responsible for the approval of all payments for their respective departments. Revision Date:12/14/202 Page 596 Item#21. City of Meridian 1 Standard Operating Policy Number 9.2 Accounts Receivable Policy Purpose: To set forth the City's policy regarding Accounts Receivable Policy: 1. To set forth the City's policy to ensure that an adequate system of internal controls and responsibilities over the management and collection of accounts receivable invoice procedures is maintained. Authority& Responsibility: 1. Department Directors shall be responsible to ensure that all Accounts Receivable invoices issued by their respective departments are for legitimate business purposes and within budgetary guidelines. 2. Department Directors are responsible for enforcing proper internal controls on the establishment of Accounts Receivable invoices to customers. 3. Departments are responsible for contacting the Finance department with write-off requests Revision Date:12/14/202 Page 597 Item#21. City of Meridian 1 Standard Operating Policy Number 9.3 Business Credit Account Policy Purpose: To set forth the City's policy regarding Business Credit Account Policy: 1. To set forth the City's policy regarding the appropriate use of Business Credit Accounts associated with City vendors. Authority& Responsibility: 1. Purchasing Manager is responsible for creating any Business Credit Account. 2. Department Directors are responsible to ensure that employee use of Business Credit Accounts is for authorized business purposes only. 3. City employee, City volunteer, or City commissioner found to have inappropriately used Business Credit Accounts will be required to reimburse the City for all costs associated with the improper use through payroll deductions or other payment means. 4. City employee, City volunteer, or City commissioner are responsible for the understanding and knowledge of the Business Credit Account policy. 5. City employee, City volunteer, or City commissioner are responsible for submitting an itemized receipt for all transactions. 6. Department Directors shall be responsible to ensure that all purchases on Business Credit Accounts are for legitimate business purposes and within budgetary guidelines. 7. Department Directors shall establish Business Credit Account procedures for their respective departments. Revision Date:12/14/202 Page 598 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 9.4 Capital Improvement Management Policy Purpose: To set forth the City's policy regarding Capital Improvement Management Policy: 1. To set forth the City's policy regarding the development and planning for capital improvements. 2. To provide guidance on what is required by the City of its departments for the annual development of the Capital Improvement Plan (CIP). Authority& Responsibility: 1. Finance department will be responsible for facilitating the annual development of the CIP and CFP. 2. Finance department will be responsible for delivering all necessary supporting documents and communications to City departments for the development of the annual CIP and CFP. 3. Departments will be responsible for developing and submitting 10 years of capital improvement requests to Finance for inclusion into the annual CIP/CFP. 4. Mayor will be responsible for approving the annual CIP and CFP as submitted by the Finance department. 5. Council will be responsible for receiving the annual CIP and CFP as submitted by the Mayor. Revision Date:12/14/202 Page 599 Item#21. City of Meridian 1 Standard Operating Policy Number 9.5 Credit Card Policy Purpose: To set forth the City's policy regarding Credit Card Policy: 1. To set forth the City's policy regarding the appropriate use of City-issued credit cards. Authority& Responsibility: 1. City Controller(or designee) is responsible for issuing credit cards to employees. 2. Employees who handle credit cards must acknowledge that they received and reviewed the Credit Card Policy. 3. Chief Financial Officer/City Treasurer is responsible for approving the issuance of all City issued credit cards. 4. Department Directors are responsible for the approval of credit card assignments for their respective departments. 5. Employees are responsible for the use of City issued credit cards as related to: a.The safety and security of City issued credit cards. b.The privacy of information related to City issued credit cards. c.The management of all credit card itemized receipts associated to their City issued credit card. d.The understanding and knowledge of the credit card policy. e.The management of use of an employee's authorized credit card by a City Volunteer or City Commissioner. 6. Employees are responsible to inform the City Controller of lost or stolen City issued credit cards immediately. 7. Employees found to have inappropriately used City issued credit cards will be required to reimburse the City for all costs associated with the improper use through payroll deductions or other payment means. 8. Department Directors shall be responsible to ensure that all purchases with City credit cards are for legitimate business purposes and within budgetary guidelines. Revision Date:12/14/202 Page 600 Item#21. C�WF,Nt City of Meridian Standard Operating Policy Number 9.6 Financial Reporting and Accounting Policy Purpose: To set forth the City's policy regarding Financial Reporting and Accounting Policy: 1. To set forth the City's policy regarding the conformity to Local, State, and Federal regulations as it pertains to the management of the Financial Reporting and Accounting. 2. To set forth the guidance pertaining to the financial reporting and accounting that will be used to inform the Mayor, Council, departments, Citizens, and Community Partners of the financial condition of the various City funds. Authority& Responsibility: 1. Finance department, in cooperation of the IT department,will be responsible for financial system software updates and maintenance. a.Applies only to the official financial record system that is managed by the Finance department. i. All other software systems that may have financial information will be the responsibility of the managing department. 1. Examples:TrueBill, Accela, ParksRecl 2. Finance department will be responsible for all official Financial Reporting to the Mayor, Council, departments, Citizens, and Community Partners. 3. Finance department will conform to all GAAP, GASB,AICPA, and GFOA regulations when developing official financial reports. 4. Finance department will conform to all GAAP, GASB,AICPA, and GFOA regulations when managing all financial entries into the City's financial system. 5. IT department will be responsible for managing all data security controls for all software programs managing financial data. Revision Date:12/14/202 Page 601 Item#21. City of Meridian 1 Standard Operating Policy Number 9.7 Fixed Asset Policy Purpose: To set forth the City's policy regarding Fixed Assets Policy: 1. To set forth the City's policy regarding uniform guidelines for the accounting of property owned by the City of Meridian. Authority& Responsibility: 1. City employees' have a personal responsibility to track and safeguard City owned property in their possession. 2. Departments are responsible for tracking and locating tangible & intangible property purchased by their department or donated to the City. 3. Departments are responsible for reporting all lost or stolen property to the department Director and City Controller immediately. 4. Finance department is responsible for writing and maintaining procedures, designing forms, updating the asset/inventory system, training departmental personnel, scheduling inventories, and authorizing disposals. S. City employees, including their spouses, dependents, or any other person acting on the employee's behalf, are prohibited from acquiring surplus property from the City unless acquired through an advertised competitive bid process. Revision Date:12/14/202 Page 602 Item#21. City of Meridian 1 Standard Operating Policy Number 9.8 Grant Management Policy Purpose: To set forth the City's policy regarding Grant Management Policy: 1. To set forth the City's policy regarding Grant Management. 2. To provide guidance to City staff that seek out federal, state, and other grants that address the City's priorities and policy objectives while ensuring positive benefit to the City. 3. To provide guidance to City staff on the management of information required by grants. Authority& Responsibility: 1. Finance department will be responsible for all official financial reporting of grant information to federal,state, and other granting agencies. 2. Mayor and Council President are the only authorized individuals of the City to sign grant agreements/contracts. a.Department Directors are authorized to sign grant applications. 3. Finance department is responsible for developing all financial reporting procedures associated with grant management. 4. Departments are responsible for establishing processes associated with grant administration for their respective grants. a.Departments are responsible for monitoring all sub-recipients for their respective grants. b.Departments are responsible for updating the Finance department on all grant administration concerns. c.Departments are responsible for all program/performance reporting associated to grants. 5. Grant Committee is responsible for reviewing, approving, and denying all grant applications over the value of$25,000 annually and/or will be in place three years or more. a.Finance department is responsible for establishing and maintaining committee members. b.Departments are responsible for submitting all grant applications with supporting documentation to the Grant Committee administrator before final submission of the grant application to the granting agency. c.Mayor has the authority to overrule a decision submitted by the Grant Committee on all grants reviewed by the Grant Committee. Revision Date:12/14/202 Page 603 Item#21. City of Meridian 1 Standard Operating Policy Number 9.9 Internal Control Policy Purpose: To set forth the City's policy regarding Internal Control Policy: 1. To set forth the City's policy regarding internal controls to provide reasonable assurance and to safeguard the City's assets. 2. To establish the requirements of each department and their responsibilities with the safeguarding of the City's assets and the establishment of internal controls. Authority& Responsibility: 0. Department Directors are responsible to document procedures that will include reasonable internal controls. 1. Department Directors are responsible for implementing reasonable internal controls for all procedures involving financial/monetary transactions. 2. Finance department shall be responsible for establishing and maintaining an internal control environment designed to protect the City from loss of public funds due to fraud, error, or actions inconsistent with the requirements of the laws. 3. Mayor is responsible for ensuring all Department Directors are held accountable for their respective departments. a.Departments are responsible for updating the Finance department on all grant administration concerns. b.Departments are responsible for all program/performance reporting associated to grants. 4. Grant Committee is responsible for reviewing, approving, and denying all grant applications over the value of$25,000 annually and/or will be in place three years or more. a.Finance department is responsible for establishing and maintaining committee members. b.Departments are responsible for submitting all grant applications with supporting documentation to the Grant Committee administrator before final submission of the grant application to the granting agency. c.Mayor has the authority to overrule a decision submitted by the Grant Committee on all grants reviewed by the Grant Committee. Revision Date:12/14/202 Page 604 Item#21. City of Meridian 1 Standard Operating Policy Number 9.10 Inventory Policy Purpose: To set forth the City's policy regarding Inventory Policy: 1. To set forth the City's policy regarding the tracking, identification, and accountability of all City owned furnishings and movable inventory having a minimum cost of$500 each and a life expectancy of over two years. a.Departments shall have the right to track, identify, and hold accountable any inventory they deem necessary. Authority& Responsibility: 1. City employees' have a personal responsibility to track and safeguard City owned property in their possession. a.IT Department will be responsible for the tracking of all computer related inventory. 2. Departments are responsible for tracking inventory purchased by their department or donated to the City. a.Department Directors (or designee)shall be administratively responsible for the inventory assigned to their department. 3. Finance department is responsible for writing and maintaining procedures, designing forms, updating the inventory system,training departmental personnel, scheduling inventories, and authorizing disposals. 4. City Controller will establish periodic inventory counts. 5. Stolen or lost inventory must be immediately reported to the department Director and City Controller. 6. City Controller(or designee)will be responsible for maintaining, distribution, and ordering of asset tags. Revision Date:12/14/202 Page 605 Item#21. City of Meridian 1 Standard Operating Policy Number 9.11 Legal Tender Handling Policy Purpose: To set forth the City's policy regarding Legal Tender Handling Policy: 1. To set forth the City's policy regarding the collection, receipting, disbursement, and control of legal tender received by the City to provide reasonable internal control for the safeguarding of the City's assets. 2. This policy shall govern all transactions involving the collection, receipting, disbursement, or acceptance of legal tender, which is defined as United States currency, coins, checks, money orders, cashier's checks, credit and debit cards, or any other payment media declared by the United States Federal Government to be legal tender. Authority& Responsibility: 1. Employees who handle legal tender must acknowledge that they received and reviewed the Legal Tender Handling Policy. 2. City Controller has the authority to audit all legal tender at any time. 3. City Controller has the authority to restrict access to department petty cash boxes at any time. a.City Controller must inform the department director of any restrictive actions. 4. Department Directors must establish sound internal controls for the management and processing of legal tender. 5. Department Directors must reconcile all petty cash boxes on the last day of any employee termination that accessed the departments petty cash box. a.City Controller(or Finance designee) must assist the department with the audit of the petty cash box. 6. City Controller is responsible for establishing sound internal controls for the audit, management, and funding of department petty cash boxes. a.City Controller must audit department petty cash boxes at least once during a fiscal year in addition to the annual year-end audit. 7. Finance department is responsible for writing and maintaining procedures, designing forms, training departmental personnel, and authorizing reconciliations/audits. Revision Date:12/14/202 Page 606 Item#21. City of Meridian 1 Standard Operating Policy Number 9.12 Purchasing Policy Purpose: To set forth the City's policy regarding Legal Tender Handling Policy: 1. To set forth the City's policy regarding a centralized procurement system for the City,the purpose of which is to establish the rules and processes for procurements within the City, based on State code. a.Commodities and services purchased in the public sector represent a direct cost to the citizens and taxpayer. b.Every purchase that City employees make is subject to public scrutiny. Ethics, Impartiality,Accountability, Professionalism, Service and Transparency are the values and guiding principles of public purchasing. c.The rules, processes and regulations contained in this policy were developed to encourage competitive solicitations, promote transparency, guard against collusion and comply with State Statutes. d.This Procurement Policy outlines the requirements for purchasing all goods and services. e.The policy addresses a variety of topics which include; Categories, Methods, Authority, Ethics, Appeals, and Payments. Authority& Responsibility: 1. City Procurement Manager is responsible for establishing all procurement policies 2. City department directors are responsible for establishing all procurement procedures for their departments 3. Procurement Manager is responsible for approving the City Purchasing Policy 4. City Procurement Manager is responsible for updating the purchasing policy annually Revision Date:12/14/202 Page 607 Item#21. City of Meridian 1 Standard Operating Policy Number 9.13 Revenue Management Policy Purpose: To set forth the City's policy regarding Revenue Management Policy: 1. To set forth the City's policy regarding the management of revenue sources. 2. To provide guidance for the City to strive for optimum characteristics in its diversified revenue sources. Authority& Responsibility: 1. City Council will be responsible for approving all revenue sources submitted by the Chief Financial Officer/City Treasurer. 2. Chief Financial Officer/City Treasurer will be responsible for reviewing and approving all revenue sources prior to submitting to City Council. 3. Chief Financial Officer/City Treasurer will be responsible for establishing long-term revenue forecasting for all revenue sources. 4. Department Directors are responsible for notifying the Chief Financial Officer/City Treasurer of all revenue changes for their respective departments. Revision Date:12/14/202 Page 608 Item#21. C�WF,Nt r.� City of Meridian Standard Operating Policy Number 9.14 User Fees and Charges Development Policy Purpose: To set forth the City's policy regarding User Fees and Charges Development Policy: 1. To set forth the City's policy regarding the development and management of User Fees and Charges. 2. To provide guidance for the overall approach for the City to impose User Fees and Charges to citizens, development community, commercial businesses, and other community partners. 3. To determine the full cost of providing specific services so that the City Council can make informed decisions as to the appropriate levels of fees for services that may be imposed and to avoid providing unwanted subsidies. Authority& Responsibility: 1. City Council is responsible for approving all User Fees and Charges. 2. No City employee may assess fees and charges that have not been previously approved by City Council. 3. Every service supported by User Fees and/or Charges will be analyzed on a regular basis by the Finance department to determine the net cost of providing the service. 4. Legal department will be responsible for the verifying the legality of all fees. 5. User Fees and charges will be established for the sole purpose to offset the expenses supporting the calculation of the fee or charge. a.No fees or charges will be collected for other purposes or comingled with other fees or charges to offset other expenses. 6. Departments responsible for User Fees and Charges must inform the Finance department of any changes prior to submission to City Council. 7. Finance department will be responsible for developing and maintaining all Cost Recovery Methods. 8. Finance department will be responsible for identifying all City activities/programs annually and to assign them to a Cost Recovery Method. Revision Date:12/14/202 Page 609 Item#21. City of Meridian 1 Standard Operating Procedure Number 9.1 Accounts Payable Purpose: To set forth the City's procedures regarding the Accounts Payable Procedure Procedures and Related Information: 1. All amounts owed by the City to its vendors will be paid net 30 based on the receipt of all goods or services, receipt of invoice from vendor, and receipt of tax release (if necessary). a.Any agreements or contracts established before October 2019 are not subject to the net 30 requirement. 2. All invoices should be processed by the departments to Finance for payment within 15 days of receipt. 3. Prior to disbursement of funds the Finance department requires all payment requests to be approved by Mayor, Department Director, or authorized designee. 4. Vendors a.All vendors must have an approved and signed W-9 on record prior to any payment. i. Any vendor without an approved and signed W-9 on record will not receive payment until proper W-9 is received. b.Payments for goods and services are made payable only to the provider of those goods or services (or to a contractually named agent). 5. Approvals a.The Mayor, Department Director, or authorized designee approval assures the following conditions have been met: i. The payment request (invoice, check request, receipt, etc.) must be for goods or services that are a valid business purpose. ii. Goods or services must have been procured in accordance with the City Purchasing Policy. iii. Goods or services have been received to the satisfaction of the requester. iv. The amount to pay reflects the negotiated amount per the purchase order, contract/agreement or verbal agreement. 6. Disbursements a.All disbursements must meet State and Federal requirements regarding Accounts Payable. b.Finance department will normally issue Accounts Payable disbursements once per week. i. Some exceptions will apply. 1. City acknowledges that not all Accounts Payable disbursements will meet State Code 50-1017 due to timing of payment, and/or use of credit card systems. c.Finance department will normally issue Payroll disbursement once per month. i. Some exception will apply. Revision Date:12/14/202 Page 610 Item#21. 1. City acknowledges that not all Payroll disbursements will meet State Code 50-1017 due to timing of payment. d.All disbursements using a credit card must follow the City's Credit Card Policy and Purchasing Policy. Revision Date:12/14/202 Page 611 Item#21. City of Meridian 1 Standard Operating Procedure Number 9.2 Accounts Receivable Purpose: To set forth the City's procedures regarding the Accounts Receivable Procedure Procedures and Related Information: 1. All amounts owed to the City should be invoiced and collected in a timely manner. 2. Procedures for billing and collecting should be consistently and fairly applied across all City departments and to all City customers. 3. Responsibilities for invoicing/billing must be separated from responsibilities for cash collection/receipting. a.Department Directors are responsible for verifying that no one employee can create customer invoices and also receive payments from customers to adhere to sound internal controls. 4. Accounts Receivable Invoices a.All Accounts Receivable invoicing (except invoices authorized by the City Controller) must be processed through the City Controller(or assigned designee)for proper accounting within the City's financial accounting system. i. Departments must submit requested information to the Finance department before an Accounts Receivable invoice is generated: 1. Customer Name 2. Customer Address 3. Description of Goods or Services Provided 4. Date(s) of Goods or Service 5. Dollar Amount of Goods or Service 6. Approved Fee Schedule 7. Signed Contract/Agreement 5. Reconciliation a.Finance department will be responsible for the reconciliation of all financial Accounts Receivable transactions managed in the City's financial accounting system. 6. Collection of Delinquent Accounts Receivable Invoices a.Finance department will be responsible for facilitating all collection efforts for any unpaid Accounts Receivable invoices recorded in the City's financial accounting system. i. City will attempt to collect receivables that are less than 90 days outstanding. b.Finance department may engage in the use of a collection agency for any unpaid Accounts Receivable invoices greater than 90 days outstanding. i. 90 days outstanding is determined by the original invoice date. 7. Write-Offs for Bad Debt a.Only the City Controller can authorize the reduction of an amount outstanding on an unpaid Accounts Receivable invoice. Revision Date:12/14/202 Page 612 Item#21. i. Departments must contact the Finance department for the reduction of an outstanding Accounts Receivable invoice. Revision Date:12/14/202 Page 613 Item#21. City of Meridian 1 Standard Operating Procedure Number 9.3 Business Credit Account Purpose: To set forth the City's procedures regarding the Business Credit Account Procedure Procedures and Related Information: 1. Purchasing Manager is responsible for creating any Business Credit Account. 2. Department Directors are responsible to ensure that employee use of Business Credit Accounts is for authorized business purposes only. 3. City employee, City volunteer, or City commissioner found to have inappropriately used Business Credit Accounts will be required to reimburse the City for all costs associated with the improper use through payroll deductions or other payment means. 4. City employee, City volunteer, or City commissioner are responsible for the understanding and knowledge of the Business Credit Account policy. 5. City employee, City volunteer, or City commissioner are responsible for submitting an itemized receipt for all transactions. 6. Department Directors shall be responsible to ensure that all purchases on Business Credit Accounts are for legitimate business purposes and within budgetary guidelines. 7. Department Directors shall establish Business Credit Account procedures for their respective departments. Revision Date:12/14/202 Page 614 Item#21. C�WF,Nt r.� City of Meridian Standard Operating Procedure Number 9.4 Capital Improvement Management Purpose: To set forth the City's procedures regarding the Capital Improvement Management Procedure Procedures and Related Information: 1. Annually under the direction and guidance of the Finance department, each City department will prepare and update a 10 year CIP. 2. Finance department is responsible to collect all department CIP's to develop the official annual City Comprehensive Financial Plan (CFP)for submission to the Mayor. 3. Mayor will only accept the annual 10 Year CIP/CFP from the Finance department for consideration and approval. 4. Mayor will be responsible for finalizing the 10 Year CIP/CFP in collaboration with each City department. Revision Date:12/14/202 Page 615 Item#21. City of Meridian 1 Standard Operating Procedure Number 9.5 Credit Card Purpose: To set forth the City's procedures regarding the Credit Card Procedure Procedures and Related Information: 1. Eligibility a.City issued credit cards will only be issued to City employees. b.City issued credit cards are limited to the use of the City employee, City volunteer, or City commissioner, but no other individual. 2. Use and Financial Responsibilities a.As with all City-owned property, City accounts, and resources, credit cards issued by the City to employees or departments are to be used specifically for authorized business purposes only. b.Unauthorized use of City credit cards may be treated as personal theft and/or embezzlement, which may result in collection efforts(to recuperate related costs) as well as appropriate disciplinary action, and/or criminal prosecution. c.Personal use of City credit cards is strictly prohibited. d.City credit cards shall never be used for cash advances. e.Purchases or transactions made with the intent to circumvent this policy,the City Purchasing Policy,transactional limits, or State law are prohibited and subject to Credit Card Violations and Consequences. 3. Receipts and Expense Reports a.All credit card receipts will be submitted within ten (10) days of the end of the billing period to Finance for processing and payment. a. All credit card receipts will be itemized with detailed information (i.e. what, when, where, why). b. Employees are responsible for resolving any sales tax charges incorrectly charged on the City issued credit card. 4. Credit Spending Limits a.Finance department will be responsible for establishing spending limits/credit balances for each issued City credit card. 5. Violations and Consequences a.Violation of this policy may result in loss of credit card privileges, personal prosecution, and/or disciplinary action up to and including termination. b.The Chief Financial Officer/City Treasurer or City Controller has the right to cancel, suspend, or revoke credit card privileges if deemed necessary. 6. Disputed Items a.Employees will be responsible for clearing up any disputed charges, returns, or adjustments on their City issued credit cards in a timely manner. Revision Date:12/14/202 Page 616 Item#21. 7. Personal Credit Cards a.Employees will be responsible for submitting itemized receipts for all transactions conducted on behalf of the City charged on personal credit cards. a. Employees will not be reimbursed any sales tax charges. Revision Date:12/14/202 Page 617 Item#21. C�WF,Nt City of Meridian Standard Operating Procedure Number 9.6 Financial Reporting and Accounting Purpose: To set forth the City's procedures regarding the Financial Reporting and Accounting Procedure Procedures and Related Information: a. Finance department with the approval of the Chief Financial Officer/City Treasurer will be responsible for conforming to all Local, State, and Federal reporting requirements as noted in the following State of Idaho Statutes: i. State Code Section : 50-708 "Examination of Accounts of Fiscal Officers" ii. State Code Section : 50-1011 "Publication of Financial Statements" iii. State Code Section : 57-135 "Treasurer's Monthly Report" iv. State Code Section : 67-450E "Local Governing Entities Central Registry" b. Finance department will be responsible for submitting all necessary reports to Local, State, and Federal agencies monthly, quarterly, bi-annually, and annually. i. All other financial reports issued outside of the Finance department will not be considered official financial reports of the City. c. Finance department will be responsible for updating and maintaining all official financial reports available online. d. Finance department will be responsible for informing the Mayor, Council, and departments of any revenue or expenditure concerns in a timely and professional manner. 2. Accounting a.Finance department with the approval of the Chief Financial Officer/City Treasurer will be responsible for developing, implementing, managing, and reporting all policies and procedures relating to all entries into the City's financial system. b.Finance department will be responsible for establishing policies and procedures that conform to generally accepted accounting principles(GAAP) as promulgated by the Governmental Accounting Standards Board (GASB),the American Institute of Certified Public Accountants (AICPA), and the Government Finance Officers Association (GFOA) for all practices relating to City Financial Management. i. Finance department will be responsible for assisting in the training of all City employees on the policies and procedures for the City's financial system. Revision Date:12/14/202 Page 618 Item#21. City of Meridian 1 Standard Operating Procedure Number 9.7 Fixed Asset Purpose: To set forth the City's procedures regarding the Fixed Asset Procedure Procedures and Related Information: 1. General Policy a.City property is only to be used for City business needs as referenced in City Policy 6.2. b.City property is not for personal or public use unless permitted as referenced in City Policy 6.2. c.Violation of this policy shall result in disciplinary action up to and including termination. 2. Fixed Asset Additions a.City acquisitions of property will be used by the City to conduct daily business activities. i. Finance Department will determine if the acquisition of property will be classified as a fixed asset as set within the Fixed Asset Capitalization Status policy below. b.Fixed Asset Capitalization Status L Capital Outlay acquisitions of$10,000 or more and with a useful life of at least 3 years,will be capitalized, inventoried, depreciated over their useful life and recorded on the fixed asset listing for the City. ii. Software purchased or internally developed for internal use will be capitalized and tracked in the fixed asset system if it totals$35,000 or more. iii. Any acquisitions of land, either by direct purchase, property exchange, or donation, shall be recorded into the City's fixed asset listing, regardless of cost. iv. Intangible assets such as Water Rights and Easements with a value of$35,000 or more will be capitalized as a fixed asset and recorded as land. V. Infrastructure that the City acquires either by direct acquisition, donation, or gift with a value of$75,000 or more will be capitalized as a fixed asset. vi. Capital Leases that transfers substantially all the benefits and risks inherent in the ownership of property to the City will be capitalized as a fixed asset if the total cost meets the capitalization threshold. c.Fixed Asset Capitalization Amount i. Property purchases recorded costs can include not only the property price but also all other related costs to make the property workable for the City, such as outfitting vehicles, license and software for computers, RFP& related costs to adhere to policies to purchase the property. ii. Capital Improvements shall reflect the total cost of improving an asset such as landscaping; including shrubs,trees, lawn, curbing, sidewalks, lighting, etc. 1. The initial expenditure for land improvements, as defined above, shall be capitalized. Revision Date:12/14/202 Page 619 Item#21. 2. Repairs or replacements, such as the replacement of trees, shrubs, reseeding of lawns, resurfacing of pavement, etc. will not be capitalized unless such expenses meet the City's capitalization thresholds. Repairs involving the overhauling of certain assets are frequently referred to as renewals. 1. Minor renewals, maintenance, alterations or part replacements, even if over the minimum threshold, should be regarded as ordinary repairs and will not be capitalized if they do not extend the life or significantly enhance the net value of the asset. 2. Major renewals or major replacements that significantly extend the life or significantly enhances the net value of an asset shall be capitalized (following the capitalization policy). Revision Date:12/14/202 Page 620 Item#21. City of Meridian 1 Standard Operating Procedure Number 9.8 Grant Management Purpose: To set forth the City's procedures regarding the Grant Management Procedure Procedures and Related Information: 1. Grant Submission/Review a.All grant proposals and applications submitted by or on behalf of the City greater than $25,000 annually and/or will be in place three years or more,whether submitted to the granting entity electronically or as hardcopy, requires approval by the Grant Committee prior to submission. i. City grant administrators will take all steps necessary to ensure that proper supporting documentation is obtained to support the Grant Committee's review process. 2. Grant Compliance a.City shall at all times be compliant with a grant's terms and conditions. b.Departments are responsible for administering their respective grants. i. Departments are responsible for assigning a department grant administrator for each of their respective grants. ii. Departments are responsible for developing internal controls for the administration, reporting,tracking, and supporting of all grants for which they are responsible. iii. Departments are responsible for taking all steps necessary to ensure that proper supporting documentation is obtained to support the allowable activities completed under each grant program. 1. All grant documentation will be obtained and retained according to the specific grant program guidelines and requirements. c.Finance department will be responsible for establishing all grant management financial reporting controls for the City. 3. Grant Termination a.At any time during a grants life, if the City violates a grant's terms and conditions,the Chief Financial Officer/City Treasurer may recommend to the Mayor for a discontinuance of the grant due to risk of audit, financial, and/or administrative concerns. i. Only the Mayor and City Council President in joint agreement have the authority to authorize the discontinuance of a grant. 4. Grant Funding a.City will refrain from using grants to meet ongoing service delivery needs. b.City will not use Federal Funds to supplant agency funds. Revision Date:12/14/202 Page 621 Item#21. c.If funding has not been identified for continuing an ongoing program after grant funds have been exhausted, an automatic sunset provision will be included in the City Council authorization for the program. 5. Grant Spending a.Grant funds must be expended in accordance with federal law and regulation. b.Grant funds are subject to Title 2 CFR (Code of Federal Regulations) Part 200 Uniform Administrative Requirements, Cost Principals, and Audit Requirements of Federal Awards (Uniform Guidance). 6. Grant Sub-Recipient a.All grant sub-recipients must undergo a risk assessment following City requirements. Revision Date:12/14/202 Page 622 Item#21. City of Meridian 1 Standard Operating Procedure Number 9.9 Internal Controls Purpose: To set forth the City's procedures regarding the Internal Controls Procedure Procedures and Related Information: 1. Departments are responsible to document department procedures that will include reasonable internal controls. a.Departments are responsible for implementing reasonable departmental internal controls for all departmental procedures involving financial/monetary transactions. b.Management within each department will maintain all written departmental procedures. i. Management within each department is responsible for reviewing all internal controls at least every two years. 2. Department Directors are responsible for ensuring that departmental internal controls are followed throughout his or her department(s). a.Department Directors are responsible for ensuring that all Finance department directives or internal controls are implemented. b.Department Directors are responsible for ensuring that all independent auditor internal control recommendations are addressed. i. Finance department will be responsible for verifying all internal control recommendations provided by the independent auditor are implemented. 3. Finance department will be responsible for establishing and maintaining all procedures and internal controls associated with the management of cash including the collecting, receipting, disbursement, and control of legal tender received by the City for the City. Revision Date:12/14/202 Page 623 Item#21. City of Meridian 1 Standard Operating Procedure Number 9.10 Inventory Purpose: To set forth the City's procedures regarding the Inventory Procedure Procedures and Related Information: 1. All furnishings and movable inventory having a minimum cost of$500 each and a life expectancy of over two years shall be identified by an asset tag affixed to each item. 2. Inventory control records shall be maintained for each item of inventory identified by an asset tag. 3. Periodic physical inventories, at least once annually, shall be taken of all inventory placed under an asset tag or control number. 4. No inventory should be permitted to leave the premises without an approval by the employee's supervisor or department Director. Revision Date:12/14/202 Page 624 Item#21. City of Meridian 1 Standard Operating Procedure Number 9.11 Legal Tender Handling Purpose: To set forth the City's procedures regarding the Legal Tender Handling Procedure Procedures and Related Information: 1. General Policy a.All legal tender received by all City departments and employees must be processed, deposited, and accounted for daily. b.City will not accept any form of foreign currency or monetary instruments. c.All legal tender must be turned in for deposit within one (1) business day of receipt to the Finance Department. d.Any customer disputes over legal tender handling must include the department director and or the City Controller from the Finance department. e.Any legal tender problems that arise during the day should be referred to the City Controller if it or the matter cannot be handled in the individual departments. f. All checks issued to the City must be signed by the customer on the front of the check and endorsed by the City on the back. g.A receipt will be issued for all customers individually. i. All receipts should be numbered. ii. All receipts should include date, customer name, amount received, description of the transaction, customer account number(if applicable). iii. A copy of the receipt will be offered to the Customer. iv. A copy of the receipt will be provided to the Finance department. 2. Daily Cash Reporting a.Departments receiving legal tender shall prepare a daily cash report. i. All daily cash reports must be submitted to the Finance department daily with proper documentation and support. b.All manual receipts issued or voided shall be attached to the daily cash report and forwarded to the Finance department. 3. Department Petty Cash a.All operating petty cash boxes shall be securely and safely stored any time they are not in use. b.Departments shall be responsible for balancing their department operating petty cash box at least monthly. c.Departments receiving legal tender shall maintain strict internal controls over access to the legal tender. d.Department petty cash boxes will be limited to an amount determined by the City Controller and must be issued/approved by the City Controller. e.A valid detailed receipt must accompany all petty cash transactions. i. All receipts should detail the what, where, when, and why for the transaction. Revision Date:12/14/202 Page 625 Item#21. ii. All receipts should note the proper general ledger account coding. iii. All receipts should have proper employee approvals. 4. Daily Bank D a.Finance department(or Finance designee) shall be responsible for preparing the daily legal tender bank deposits. b.Finance department shall be responsible for transporting the daily legal tender bank deposits to the bank. 5. Police Department Drug Money Petty Cash a.Chief of Police will be responsible for establishing sound internal controls for the management of department drug money petty cash box. i. The drug money petty cash box must be securely stored in a safe at all times. 6. Overages and Shortages a.Any revenue overages or shortages in the department must be reported to the department director immediately, and reported to the Finance department with the daily receipts. 7. Banking Policy a.See Banking Policy S. Disbursements a.Finance department shall be the only department to disburse payment via check, cash/coin, wire transfer, or automatic clearing house. i. All disbursements using a credit card must follow the City's Credit Card Policy and Purchasing Policy. Revision Date:12/14/202 Page 626 Item#21. City of Meridian 1 Standard Operating Procedure Number 9.12 Purchasing Purpose: To set forth the City's procedures regarding the Purchasing Procedure Procedures and Related Information: 1. Purchasing Categories, Methods and Authority a.The City has assigned the following categories, methods and purchasing authority for purchases. i. All employees are to identify which category is right for their respective request or purchase and follow that policy. ii. General liability, automotive, and workman's compensation insurance are required for all contracts, written or verbal, which require services to be performed on City property. 1. In addition, most professional services agreements will require professional errors and omissions insurance. 2. It is each employee's responsibility to verify that such insurance is in place prior to the start of work. Only the City's Risk Manager may waive any insurance requirement. b.PURCHASING CATEGORIES i. CATEGORYONE: Goods, Supplies& Equipment(I.C. §67-2806) 1. Purchases up to $15,000 require one quote. 2. Purchases$15,001 to $50,000 require three written quotes. 3. Purchases$50,001 to $100,000 require an informal bid process. 4. Purchases$100,001 and above require a formal bid process. ii. CATEGORY TWO: Contracted Services (I.C. §67-2806) 1. Purchases up to $15,000 require one quote. 2. Purchases$15,001 to $50,000 require three written quotes. 3. Purchases$50,001 to $100,000 require an informal bid or RFP process. 4. Purchases$100,001 and above require a formal bid or RFP process. iii. CATEGORY THREE: Professional Services 1. Sub-category(a) I.C. §67-2320: Engineering,Architect, Construction Management, Land Surveyors a. Purchases up to $25,000 require i. A review of consultant's qualifications, and determination of Qualification, or ii. Selection from a current approved roster. b. Purchases$25,001 and above require i. A formal RFQ process, or ii. Selection from a current approved roster created from a formal RFQ. Revision Date:12/14/202 Page 627 Item#21. 2. Sub-Category(b) I.C. §67-2803(4): Attorney,Accountant, Planner etc. a. Purchases in this category are exempt from any solicitation requirement. All other policy and procedure requirements still apply. iv. CATEGORY FOUR:Public Works Construction 1. Purchases in this category have special requirements that must be met regardless of which department conducts the purchase. a. All public works contractors performing work on projects above $50,000(I.C. §54-1903)(i) must have a current Idaho Public Works Contractors License in the applicable trade(s). b. It is the responsibility of the employee making the purchase to verify that the contractor meets this requirement. c. Payment and performance bonds are required for all public works construction projects above $50,000. These bonds shall be 100%of the contract price individually. d. Purchases up to $25,000 require one quote. e. Purchases$25,001 to$50,000 require three written quotes. f. Purchases$50,001 to$200,000 require an informal bid process. (I.C. §67-2805)(2a) g. Purchases of$200,001 and above require a formal bid process. h. TAX COMMISSION REQUIREMENTS FOR PUBLIC WORKS CONSTRUCTION i. Within thirty (30) calendar days after City awards a contract to a public works contractor, the Purchasing Department shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. See I.C. §54- 1904A. ii. If material or equipment is purchased or supplied by the City, who is exempt from sales and use taxes,for subsequent use or installation by a public works contractor,then the use by the contractor is subject to use tax. 1. For example, if a contractor has a public works contract to build a structure using materials owned and supplied by the City,the contractor is the consumer of the materials and is subject to a use tax on their value. 2. This tax falls directly upon the contractor and not the owner of the property. See Idaho Administrative Rules 35.01.02.12 V. CATEGORY FIVE: Repair of Heavy Equipment 1. Purchases in this category are exempt from solicitation requirement. See I.C. §67-2803(14) c.PURCHASING METHODS i. QUOTE 1. Quotes may be obtained either verbally or written and must contain the following: a. Description of the goods or services requested b. All costs including delivery to the end users location Revision Date:12/14/202 Page 628 Item#21. c. Any vendor terms and conditions ii. INVITATION FOR BID(Bid) 1. All Invitation for Bids shall be issued by the Procurement Division and in one of two forms, Informal and Formal. In the event of a tie bid,the City may award to the bidder it chooses. 2. Requirements: a. Informal bid requirements i. Be open for a minimum of three (3) days ii. Must be sent to a minimum of three (3)vendors. iii. Be awarded to the bidder submitting the lowest responsive bid. (goods and services) or iv. Be awarded to the qualified bidder submitting the lowest responsive bid. (construction) b. Formal bid requirements i. Advertised in the local paper two times with the last at least seven (7) days prior to the opening. ii. Be open for a minimum of fourteen (14) days iii. Bids must be submitted sealed. iv. A public bid opening shall take place V. Be awarded to the bidder submitting the lowest responsive bid. (goods and services) vi. Be awarded to the qualified bidder submitting the lowest responsive bid. (construction) iii. REQUEST FOR PROPOSAL (RFP) 1. Request for Proposal's may be used for general services i.e.janitorial and landscape services or complex purchases i.e. software, specialized equipment, leases etc. Requests for Proposals shall be issued and managed by the Purchasing Division. Minimum Request for Proposal requirements are as follows: a. Describe what the product or service or solution is to accomplish. b. Provide evaluation criteria of how the solicitation will be awarded. c. City Project Manager shall select the evaluation team. d. Shall be awarded to the highest ranked proposer as ranked by the evaluation team. e. Final terms and conditions of the contract, including cost, may be negotiated. iv. REQUEST FOR QUALIFICATIONS(RFQ) 1. Request for Qualifications must be used for the selection of Engineers, Architects, Construction Managers and Land Surveyors (I.C. §67-2320). 2. RFQ's shall be issued and managed by the Purchasing Division. 3. RFQ's, although not required, may also be used for other types of professionals services, i.e. accountant, attorney, auditor etc. Please contact Purchasing for applicability. a. Request for Qualification requirements i. Describe the services required. ii. Provide evaluation criteria of how the solicitation will be awarded. iii. City Project Manager shall select the evaluation team. Revision Date:12/14/202 Page 629 Item#21. iv. Cost may NOT be a factor in the evaluation process. V. Shall be awarded to the highest qualified firm/individual as ranked by the evaluation team. vi. Final terms and conditions, scope of work and cost may be negotiated. V. PRE-QUALIFICATION 1. The City may require Public Works Contractors to be pre-qualified for a particular project (I.C. §67-2805)(3)(b). a. Pre-Qualification Requirements i. Advertise the Pre-Qualification in the local paper two times with the last publication at least seven (7) days prior to the qualification due date. ii. Describe the construction services to be performed. iii. Provide evaluation criteria of how contractors will be evaluated. iv. City Project Manager shall select the evaluation team. V. Only Contractors selected through the Pre-Qualification process will be allowed to bid on the construction project. All other bids received will be deemed non-responsive. Vi. LEASES 1. All leases must be processed through the Procurement Division regardless of dollar amount. 2. Capital leases must be appropriated and expensed for the full amount the first year of the lease. Vii. COOPERATIVE PURCHASING 1. With the approval of the Procurement Manager, purchases may be completed using cooperative purchasing agreements with any State Agency or Political Subdivision or government entities or associations thereof. Purchases may also be completed utilizing any purchasing cooperative that offers goods and/or services as a result of competitive solicitation in accordance with I.C. §67-2807, and that have been approved by the Procurement Manager. 2. PUBLIC WORKS CONSTRUCTION PROCUREMENTS ARE EXCLUDED FROM COOPERATIVE PURCHASING. 3. The Department may use the established state, federal, city, or county contracts to make purchases. The Division of Purchasing contract information is located at: a. http://Purchasing.idaho.gov/statewide-contracts 4. In accordance with I.C. §67-2803(1) and §67-2807(1),the City may also piggyback on other city or county bids if the pricing is consistent with the original bid and the bid process followed I.C.Title 67. 5. All contract documentation should accompany the purchase request. viii. EMERGENCY PURCHASE 1. Emergency purchases maybe completed without the requirement of a solicitation (I.C. §67-2808)(1). All other policy and process requirements still apply. a. Emergency Purchase Requirements Revision Date:12/14/202 Page 630 Item#21. i. The emergency purchase is necessary to safeguard life, health or property. ii. The City Council must declare that an emergency exists within 60 days of the emergency event. ix. SOLE SOURCE PURCHASES 1. Sole Source purchases are exempt from solicitation requirements and are broken into two categories a. Sole Source Purchases up to $50,000. i. Procurement Manager approval is required. ii. Only one source is reasonably available. iii. Sole Source purchases must meet one of the requirements listed in Category b below: b. Sole Source Purchases above $50,000 (I.C. §67-2808)(2). i. Only one source is reasonably available. ii. Procurement Manager& City Council approval is required prior to purchase. iii. Sole Source must be advertised in the local paper fourteen (14) calendar days PRIOR to making purchase. iv. Category b sole source purchases must meet one of the following requirements: 1. Compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration; 2. Where a sole supplier's item is needed for trial use or testing; 3. The purchase of mass-produced movies,videos, books or other copyrighted materials; 4. The purchase of public works construction, services or personal property for which it is determined there is no functional equivalent; 5. The purchase of products, merchandise or trademarked goods for resale at a political subdivision facility; 6. Where competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances. X. PURCHASING WITH FEDERAL GRANT FUNDS 1. Prior to effecting a purchase using any federal grant funds, procurement staff must verify through the System For Award Management (SAM)that the contractor/vendor is not excluded from doing business under a federal grant. Xi. PURCHASING AUTHORITY 1. By adoption of this Policy, the City Council has set the following signatory thresholds for purchases through the Procurement Division. 2. Through adoption of this Policy the Mayor has delegated signing authority to the Procurement Manager for purchases made per this policy: a. PURCHASES UP TO $10,000 i. Purchase Orders and Contracts in this range may be signed by any Department Director or Authorized City Personnel. Revision Date:12/14/202 Page 631 Item#21. ii. All City Department Directors are required to insure all employees have read the Purchasing Policy prior to delegating signing authority for purchases in this range. iii. The employee is responsible for verifying that there are funds available for the purchase and for obtaining all required documentation, i.e. insurance, licenses etc., for the applicable purchasing category. iv. The employee is responsible for obtaining the City Attorney's approval of any contract the employee is signing. b. PURCHASES ABOVE $10,000 i. Purchase Orders and Contracts in this range must be signed by either the Procurement Manager,the Mayor or their respective designees, prior to the purchase. ii. The Chief Financial Officer/City Treasurer will stand as the signatory in the absence of the Procurement Manager. c. CONTRACTS ABOVE $200,000 i. All contracts in this range require legal review and City Council approval. d. CHANGE ORDERS i. Employees may create change orders. ii. All change orders must utilize the standard City form and be approved by the Procurement Manager. iii. The Procurement Manager shall determine if specific change orders require Council approval. iv. Employees are to contact the Procurement Manager prior to drafting& issuing a change order. e. CREDIT CARD USAGE i. This policy states the minimum guidelines required by the City Credit Card Policy, City Policy 6.2.5, and by law. ii. Individual departments may establish more restrictive guidelines for usage. iii. Credit card purchases must comply with the Procurement Policy requirements stated above. xii. PURCHASING ETHICS AND VENDOR RELATIONSHIPS 1. Every City employee has a personal responsibility to conduct government business in an ethical manner and assure the integrity of the City purchasing and purchasing processes. 2. All City employees and elected officials are responsible for adherence to City and State purchasing rules, and regulations. a. CODE OF ETHICS i. All City employees responsible for procuring goods or services shall: 1. Follow the rules and regulations of the City Standards of Conduct Policy 7.5 and the laws of the State of Idaho. 2. Avoid activities that would compromise or give the perception of compromising the integrity of the procurement process and the best interests of the City. (ref. City Conflict of Interest Policy 6.18). Revision Date:12/14/202 Page 632 Item#21. 3. Reduce the potential for any charges of preferential treatment by actively promoting the concept of competition. 4. Act as good custodians of public money by obtaining maximum benefit for funds spent. 5. All employees are required to comply with the City's Policy 6.11 in regards to gifts and gratuities. 1. In addition to City Policy 6.11 employees in a position to make or recommend an award of a City purchase shall not solicit or accept gifts, money, prejudicial discounts or entertainment material which might influence or appear to influence purchasing decisions. b. VENDOR RELATIONSHIPS i. Developing and maintaining good relationships with our suppliers is important. City personnel should work through the Procurement Division for vendor communication. ii. Maintain and practice,to the highest degree possible, business ethics, professional courtesy, and competence in all transactions. iii. Adhere to and protect the supplier's business and legal rights to confidentiality for trade secrets, and other proprietary information. c. LOYALTY AWARDS (GIFT CARDS) AND GIFTS i. Employees are prohibited from personally accepting loyalty/gift cards and/or gifts from vendors for making purchases on behalf of or in any capacity for the City. ii. The City, and not the employee, is being rewarded for its faithful business. iii. Therefore, employees are to ask for discounts on the purchase being made in lieu of gift cards. d. PROHIBITIONS i. The City has adopted the following in regard to purchasing prohibitions: 1. I.C. §67-9230—Conflict of interest regarding the holding of contracts or selling to the City property or supplies by City employees unless award is made after competitive bids per City Policy 6.18. 2. I.C. §67-9230—Prohibition regarding the influencing or conspiring to influence public purchasing decisions and contract awards. Attempts at influence may include kickbacks and bribes, peddling or payment of a fee, back door selling, hard- sell tactics,fraternization, or offering gifts to avoid following published procedures or gain advantages. 3. I.C. §59-1026—Circumventing Purchasing Authorization —Prohibits efforts by employees to obtain products or Revision Date:12/14/202 Page 633 Item#21. services by avoiding the competitive process by splitting purchases or creating false emergency situations. 4. I.C. §67-9230—No vendor or related party, or subsidiary, or affiliate of a vendor may submit a bid to obtain a contract to provide property to the City, if the vendor or related party, or affiliate or subsidiary was paid for services utilized in preparing the bid specifications or if the services influenced the procurement process. xiii. APPEALS 1. The City strives for a fair, legal and transparent solicitation process. 2. Any bidder, proposer or vendor who believes they were aggrieved in connection with a solicitation or award may appeal to the Procurement Manager. 3. The solicitation appeals are as follows: a. Specification Appeal i. Informal Solicitation—A bidder/proposer must submit an appeal to the Procurement Manager at least one (1) day prior to the due date and time of the solicitation. ii. Formal Solicitation—A bidder/proposer must submit an appeal to the Procurement Manager no later than three (3) days prior to the due date and time of the solicitation. b. Appeal of Award i. Formal Solicitation—A bidder/proposer must submit an appeal to the Procurement Manager within seven (7) calendar days of the transmittal of the Notice of Intent to Award, stating the express reason(s) the aggrieved bidder feels that the award decision is in error. xiv. PAYMENT PROCESSING 1. See Accounts Payable Policy 2. Idaho Statutes Regarding Purchasing, Contracting and Purchasing a.Public Works Contractor Licensure Requirements L I.C. §54-1904 (i) b.Exemptions to Public Works Contractor Licensure i. I.C. §54-1903 (i) & (k) c.Filing of Notices and Income Tax Returns-- Payment of Income Taxes by Contractors i. I.C. §54-1904A d.Public Works Construction Bidding i. I.C. §67-2803 (2) & (3) e.Public Purchasing of Goods and Services Bidding i. I.C. §67-2803 (2) ii. I.C. §67-2805 (2) & (3) f. Purchasing By Political Subdivisions i. I.C.Title 67, Chapter 28 g.Exemptions to Public Purchasing of Goods and Services Bidding i. I.C. §67-2803 (1)through (7) ii. I.C. §67-2806 iii. I.C. §67-2808 (1) Revision Date:12/14/202 Page 634 Item#21. h.Joint Purchasing Program i. I.C. §67-2807 (1) i. Penalties—Political Subdivisions/Public Officials i. I.C. §54-1914 (2) ii. I.C. §54-1920 (2) iii. I.C. §59-1026 j. Penalties—Contractors i. I.C. §54-1914 (1) ii. I.C. §54-1920 (1) & (3) k.Prohibitions i. I.C. §67-9230 I. Professional Service Contracts with Design Professionals, Construction Managers and Professional Land Surveyors i. I.C. §67-2320 m. Disposal of Surplus i. I.C.Title 50, Chapter 14 n.Abandoned or Unclaimed Property in Possession of Sheriff or City Police Department-- Sale at Public Auction. i. I.C. §55-403 o.Written Plans and Specifications for Work To Be Mande by Officials—Availability i. I.C. §67-2309 p.Leases i. I.C. §50-1409 q.Public Works Contractors i. I.C.Title 54, Chapter 19 r. IDAHO ADMINISTRATION RULES i. Idaho Sales and Use Tax Administrative Rules—Contractors 1. 35.01.02.12 s.STATE OF IDAHO BOARD OF EXAMINERS i. State Personal Surplus Property Policy and Procedures 1. Policy No. 442-40 Revision Date:12/14/202 Page 635 Item#21. City of Meridian 1 Standard Operating Procedure Number 9.13 Revenue Management Purpose: To set forth the City's procedures regarding the Revenue Management Procedure Procedures and Related Information: 1. Revenue Characteristics a.Simplicity i. City, where possible and without sacrificing accuracy,will strive to keep the revenue system simple in order to reduce compliance costs for the taxpayer or service recipient. 1. City will avoid nuisance taxes or charges as revenue sources. b.Certainty i. City will understand its revenue sources and enact consistent collection policies to provide assurances that the revenue base will materialize according to budgets and plans. ii. City will make all current expenditures with current revenues, avoiding procedures that balance current budgets by postponing needed expenditures, accruing future revenues, or rolling over short-term debt. c.Equity i. City shall make every effort to maintain equity in its revenue system structure (i.e., the City shall seek to minimize or eliminate all forms of subsidization between entities,funds, services, utilities, and customers' classes). d.Revenue Adequacy i. City shall require that there be a balance in the revenue system (i.e.,the revenue base will have the characteristics of fairness and neutrality as it applies to cost of service, willingness to pay, and ability to pay). ii. All revenue forecasts shall be conservative. e.Administration i. The benefits of a revenue source shall exceed the cost of levying and collecting that revenue. 1. The cost of collection will be reviewed annually for cost effectiveness. f. Diversification and Stability i. A diversified revenue system with a stable and predictable base of income shall be maintained and managed to help avoid instabilities in revenue sources due to factors such as short-term fluctuations in the economy. 2. Revenue/Cost Recovery a.Revenues should not exceed the reasonable cost of providing the service. b.Cost recovery goals should be based on the total cost of delivering the service, including direct costs, departmental administration costs, and organization-wide support costs. c.The method of assessing and collecting fees should be as simple as possible in order to reduce the administrative costs of collection. Revision Date:12/14/202 Page 636 Item#21. d.Revenue rate structures should be sensitive to the "market"for similar services. e.City will utilize a common approach in determining cost recovery levels for various programs. a.Cost/Benefit of Abatement i. City will use due caution in the analysis of any tax or fee incentives that are used to encourage development. 1. Ideally, a cost/benefit (fiscal impact) analysis will be performed as part of such caution. b.Non-Recurring Revenues i. One-time or non-recurring revenues will not be used to finance current on- going operations. ii. Non-recurring revenues should be used only for one-time expenditures. iii. Non-recurring revenues will not be used for budget balancing purposes. c.Interest Income i. Interest earned from investment of available monies, whether pooled or not, will be distributed to the funds in accordance with the equity balance of the fund from which monies were provided for investment. d.User Fees and Charges i. For services associated with a user fee or charge, a fee will offset the direct and indirect costs of that service where possible. 1. Fees will be reviewed at least every three (3)years to ensure that fees provide adequate coverage of costs of services. a. Finance department will review and recommend any changes to the City Council. e.Enterprise Fund Rates i. City will review and adopt utility rates, as needed, which will generate revenues required to fully cover current operating and maintenance expenses, meet the legal restrictions of all applicable bond covenants, establish necessary future replacement costs, and provide for an adequate level of working capital. 1. Enterprise Fund rates will include transfers from the General Fund as follows: a. General and Administrative Charges: i. Administrative costs will be charged to all funds for services of general overhead, such as administration, finance, legal counsel, and other costs, as appropriate. ii. The charges will be determined through an indirect cost allocation following accepted practices and procedures as developed by the Finance department. f. Intergovernmental Revenues i. Any potential grants will be examined for matching requirements. 1. Generally,these revenue sources should be used for capital improvements that are consistent with the Capital Improvement Program CIP whose operating and maintenance costs have been included in the operating budget or for special programs associated specifically with the grant. g.Revenue Monitoring Revision Date:12/14/202 Page 637 Item#21. i. Actual revenues received will be regularly compared to budgeted revenues and variances will be investigated. Revision Date:12/14/202 Page 638 Item#21. City of Meridian 1 Standard Operating Procedure Number 9.14 User Fees and Charges Development Purpose: To set forth the City's procedures regarding the User Fees and Charges Development Procedure Procedures and Related Information: 1. User Fees and Charges - Development a.Finance department will be responsible for analyzing all User Fees and Charges on a routine basis to justify the User Fees and Charges. i. Finance department will be responsible for working with departments to determine the full cost recovery amount for all User Fees and Charges. 1. Finance department will be responsible for working with departments to determine the subsidized percentage needed for all User Fees and Charges. b.Finance department will be responsible for establishing review periods for each User Fee and Charge. c.Finance department will be responsible for establishing fair and equitable methods when developing City fees and charges. i. Finance department will be responsible for developing transparent fees and charges allowing for proper identification of factors and considerations impacting the development of all fees and charges. d.Finance department will be responsible for presenting all new and changes to User Fees and Charges at least once per fiscal year to City Council for approval. 2. User Fees and Charges - Proposals and Approvals a.Finance and Legal department must approve all User Fees and Charges prior to submission to City Council for approval. b.City Council is responsible for approving all User Fees and Charges. c.City Council will only accept User Fees and Charges submitted to them by the Finance department for consideration of approval. d.City Council may decide against full cost recovery in cases where greater public benefit is greater. 3. User Fees and Charges - Management a.Finance department will be responsible for developing and maintaining a Citywide User Fees and Charges database. i. Departments will be responsible for verifying that all User Fees and Charges are included in the Citywide User Fee and Charges database. 4. User Fees and Charges - Cost Recovery Methods a.Full Cost Recovery i. Activities/Programs will be assessed a fee to collect 100%of all costs associated to an activity/program. b.Majority Cost Recovery Revision Date:12/14/202 Page 639 Item#21. i. Activities/Programs will be assessed a fee to collect 80%-99%of all costs associated to an activity/program. c.Partial Cost Recovery i. Activities/Programs will be assessed a fee to collect 50%-79%of all costs associated to an activity/program. d.Minimal Cost Recovery i. Activities/Programs will be assessed a fee to collect 1%-49%of all costs associated to an activity/program. e.No Cost Recovery i. Activities/Programs will be assessed a fee to collect 0% of all costs associated to an activity/program. 1. Activities and programs assigned this Cost Recovery Method will be subsidized by other revenue sources. f. Interagency Cost Recovery i. Activities/Programs provided by interagency relationships with the City will not be required to meet any City Cost Recovery Criteria. 1. Interagency fees will be developed by the agency. 2. Interagency fees will be collected by the City for distribution to the interagency per interagency agreements. 3. Interagency fees will not provide any cost recovery to the City unless identified within interagency agreement(s)for administrative functions for the collection and distribution of interagency fees. g.Penalties/Fines Cost Recovery i. Fees established for the purpose of a penalty or a fine will not be required to meet any City Cost Recovery Criteria. 1. Penalties and fines will follow any applicable State, Federal, or Local laws. 5. User Fees and Charges - Cost Recovery Criteria Definitions a. The following criteria are used to determine if a service is Full, Majority, Partial, Minimal, or No Cost recovery. b. The service does not have to meet every criterion. a.Full Cost Recovery(100%) i. Individuals or groups benefit from the service and there is little or no community benefit. ii. Administrative costs of imposing and collecting the fee are not excessive. iii. The service is provided at market price by the private sector. b.Majority Cost Recovery(80%-99%) i. The individual or group using the service is the primary beneficiary. ii. Administrative costs of imposing and collecting the fee are not excessive. iii. Imposing a majority cost fee would not place the agency at a competitive disadvantage. iv. The service is usually provided by the private sector, but may also be provided by the public sector. V. User fees should recover the majority cost of services benefiting specific groups or individuals. c.Partial Cost Recovery(50%-79%) i. The individual or group using the service is the substantial beneficiary. ii. Administrative costs of imposing and collecting the fee are not excessive. Revision Date:12/14/202 Page 640 Item#21. iii. Imposing a partial cost fee would not place the agency at a competitive disadvantage. iv. The service is usually provided by the private sector, but may also be provided by the public sector. V. User fees should recover the partial cost of services benefiting specific groups or individuals. d.Minimal Cost Recovery(1%-49%) i. Services benefit those who participate but the community at large also benefits. ii. Administrative costs of imposing and collecting the fee are not excessive. iii. Imposing a minimal cost fee would place the agency at a competitive disadvantage. iv. The services may be provided by the public sector, but may also be provided by the private sector. e.No Cost Recovery(0%) i. The service is equally available to everyone in the community and should benefit everyone. ii. Because the service is basic, it is difficult to determine benefits received by one user. iii. The level of service attributable to a user is not known. iv. Administrative costs of imposing and collecting a fee exceed revenue expected from the fee. V. Imposing the fee would place the agency at a serious disadvantage. vi. The service is primarily provided by the public sector. Revision Date:12/14/202 Page 641 Item#21. C��W, IDIAN�-- City of Meridian Standard Operating Policy Number 10.1 Disposal of Media Purpose: To set forth the City's policy regarding disposal of media. Policy: The City of Meridian recognizes proper disposal of media is necessary to protect sensitive and confidential information, employees and City. Inappropriate disposal of media may put employees and the City at risk. The City has developed proper disposal of media procedures which anyone subject to this policy is required to adhere to. This policy applies to employees, contractors,temporary staff, and other workers at the City, including all personnel with access to sensitive and confidential data and media.This policy applies to all equipment that processes confidential and sensitive data that is owned or leased by the City. This policy shall be implemented pursuant to the Disposal of Media Standard Operating Procedures. Authority& Responsibility: IT shall be responsible for administering this policy. Revision Date: 12/14/2021 page 642 Item#21. C��W, IDIAN�-- City of Meridian Standard Operating Policy Number 10.2 Equipment Checkout Purpose: To set forth the City's policy for Equipment Checkout. Policy: The IT Department is authorized by the City to maintain a pool of equipment for checkout and use by other departments in order to allow for efficient, cost effective operations and services. This policy shall be implemented pursuit to the Equipment Checkout Standard Operating Procedures. Authority& Responsibility: IT shall be responsible for administering this policy. Revision Date:12/14/202 Page 643 Item#21. C��W, IDIAN�-- City of Meridian Standard Operating Policy Number 10.3 Identity and Access Management Purpose: To set forth the City's policy on required access control measures to all digital identities in use for City information systems to protect the confidentiality, integrity, and availability of City resources. Policy: The City follows a standard framework for Identity Management,Authentication, and Access Control. Employees are required to use digital identities to access City information systems, use these identities for authentication, and to do so, only as authorized. This policy shall be implemented pursuant to the Identity and Access Management Standard Operating Procedures. Authority& Responsibility: The Information Technology department is responsible for administering this policy. Revision Date: 12/14/2021 page 644 Item#21. C��W, IDIAN�-- City of Meridian Standard Operating Policy Number 10.4 Incident Response Purpose: To set forth the City's policy regarding Information Technology(IT) Incident Response processes created to protect the City of Meridian's information systems. Policy: To protect the City of Meridian's information systems processes are in place to identify and respond to suspected or known incidents that may impact or threaten the integrity of the information systems. Processes include required communication, response, mitigation, and remediation of IT related incidents. Employees, contractors, or others shall report incidents to the IT Department.The IT Department shall report incidents to applicable parties as needed depending on the type of incident and impact. This policy shall be implemented pursuant to the Incident Response Standard Operating Procedures. Authority& Responsibility: IT shall be responsible for administering this policy. Revision Date: 12/14/2021 page 645 Item#21. C��W, IDIAN�-- City of Meridian Standard Operating Policy Number 10.5 Information Security Purpose: To set forth the City's policy regarding information security. Policy: The City shall act in due diligence to protect the integrity of the City's information systems, to mitigate the risks and losses associated with security threats to computing resources and to ensure secure and reliable network access and performance. This applies to all City information systems. This policy shall be implemented pursuant to the Information Security Standard Operating Procedures. Authority& Responsibility: IT shall be responsible for administering this policy. Revision Date: 12/14/2021 page 646 Item#21. C��W, IDIAN�-- City of Meridian Standard Operating Policy Number 10.6 Password Requirements Purpose: To set forth the City's policy regarding employee password requirements. Policy: The City has a sizeable investment in its information systems that support the City's operations and services. Safeguarding its information systems and the information contained therein is of paramount importance. Password requirements are part of the City's defenses against cyber-attacks. Employees are required to keep passwords confidential, current and compliant with City requirements. This policy shall be implemented pursuant to the Password Requirements Standard Operating Procedures. Authority& Responsibility: IT shall be responsible for administering this policy. Revision Date: 12/14/2021 page 647 Item#21. C��W, IDIAN�-- City of Meridian Standard Operating Policy Number 10.7 Security Awareness Training Purpose: To set forth the City's policy regarding the Security Awareness Training Program. Policy: The City has developed an employee Security Awareness Training Program as part of its ongoing efforts to protect the City's Information Systems from security threats and breaches. Lacking adequate information security awareness, staff is less likely to recognize or react appropriately to information security threats and incidents and are more likely to place information assets at risk of compromise. In order to protect information assets, all workers must be informed about relevant, current information security matters. This policy applies to all City employees, contractors, or others, with access to City systems. This policy shall be implemented pursuant to the Security Awareness Training Standard Operating Procedures. Authority& Responsibility: The Chief Information Officer(CIO) or designee shall be responsible for administering this policy. The CIO is accountable for running an effective security awareness training program that informs and motivates employees to help protect the City's Information Systems and customer information assets. Revision Date: 12/14/2021 page 648 Item#21. C��W, IDIAN�-- City of Meridian Standard Operating Policy Number 10.8 Technology Purchase Purpose: To set forth the City's policy regarding technology purchases. Policy: This policy applies to all City technology purchases including hardware and software. Technology purchases except the accessories listed below must go through the Information Technology (IT) department and conform to IT Standards. Certain technology such as software shall go through an evaluation process. The IT department manages all hardware and software purchases for the City, including maintenance and support renewals.This service allows us to: • Reduce department overhead • Avoid duplicating solutions and efforts • Adhere to standards when possible • Renew items on time • Track hardware and software • Ensure support and compatibility • Increase ease and timeliness of support • Reduce costs • Avoid extra fees • Maintain compliance with licensing and subscription agreements This policy shall be implemented pursuant to the Technology Purchase Standard Operating Procedures. Authority& Responsibility: IT shall be responsible for administering this policy. Revision Date: 12/14/2021 page 649 Item#21. C��W, IDIAN�-- City of Meridian Standard Operating Policy Number 10.9 Technology Replacement Purpose: To set forth the City's policy regarding technology replacements. Policy: The City shall follow a standard replacement schedule for technology to ensure that computing resources are up-to-date and continue to fulfill operational needs of the City. This policy shall be implemented pursuant to the Technology Replacement Standard Operating Procedures. Authority& Responsibility: IT shall be responsible for administering this policy. Revision Date: 12/14/2021 page 650 Item#21. C��V, IDIAN�-- City of Meridian Standard Operating Procedure Number 10.1 Disposal of Media Purpose: To set forth the City's procedures regarding disposal of media. Procedures and Related Information: When no longer usable, storage devices such as USB drives,flash media, hard drives, discs, storage media in cell phones, copiers or other devices, and other similar items used to process or store confidential and/or sensitive data shall be properly disposed of in accordance with measures established by the City. Information systems that have processed, stored, or transmitted sensitive and/or confidential information shall not be released from control until the equipment is sanitized and all stored information has been cleared.The following procedures will be followed. I. City will dispose of hardware by one of the following methods A. Overwriting- an effective method of clearing data from media. As the name implies, overwriting uses a program to write (1s, Os, or a combination of both) onto the location of the media where the file to be sanitized is located.A minimum of three times is required for sensitive or confidential information. B. Degaussing- a method to magnetically erase data from magnetic media. Two types of degaussing exist: strong magnets and electric degausses. Note that common magnets (e.g., those used to hang a picture on a wall) are fairly weak and cannot effectively degauss magnetic media.This only applies to magnetic media. C. Destruction-a method of destroying media.As the name implies, destruction of media is to physically dismantle by methods of crushing, disassembling, etc. D. Factory defaults—restoring to factory defaults. (Only applicable to limited feature operating systems such as those that run on cell phones). II. Enforcement A. Any employee found to have violated these procedures may be subject to disciplinary action, up to and including termination of employment. B. Supervisors shall report any employee found to have violated these procedures to the IT Director. C. The IT Director shall consult with Human Resources to discuss appropriate discipline if warranted. Revision Date: 12/14 Page 651 Item#21. C��W, IDIAN�-- City of Meridian Standard Operating Procedure Number 10.2 Equipment Checkout Purpose: To set forth the City's procedures for checking out equipment from the IT Department. Procedures and Related Information: I. City employees may check out equipment by submitting a ticket. Equipment will be loaned out on a first-come first-served basis. A. Types of available equipment for employee checkout are listed below 1. Laptops 2. Projectors 3. Conference Phone 4. Video Conference System 5. Webcams 6. Hotspots 7. Cables 8. Training laptops are not available for checkout II. Return of Checked Out Equipment A. Employees shall return equipment by the date designated by the IT Department. B. Employees shall notify the IT Department of any issues, loss or damage related to the checked out equipment as soon as possible, but no later than the return date. C. Employees may be liable for loss or damage caused to checked out equipment as determined by the IT Director. The IT Director may consult with the employee's supervisor and Human Resources if deemed necessary. Revision Date:12/14/202 Page 652 Item#21. CE IDIAN City of Meridian Standard Operating Procedure Number 10.3 Identity and Access Management Purpose: To set forth the City's procedures regarding identity and access management. Procedures and Related Information: I. Identity A. Accounts 1. User Accounts:This is a uniquely associated identity for a specific employee.These are the most common type of accounts and are issued to all City employees, contractors, or others. User accounts or passwords shall not be shared with others. 2. Shared Account:These are used to support multiple users sharing the same identity. The use of shared accounts is discouraged as it lacks accountability and security. They shall receive limited access.They are only for specific use cases where there is a business need that cannot be met with standard user account. 3. Service Accounts:A service account is used when it is necessary for systems or applications to authenticate to other systems or applications without any association to a person. Users shall not log in with these accounts. 4. Privileged Accounts: Certain accounts may have extra privileges related to the management of a device or application.This is often thought of as an account type, but it is more accurately described as an account with privileged authorizations. Privileged accounts are granted approval to defined Information Technology (IT) staff. Privileged accounts may be given to employees and contractors as deemed necessary by IT staff. 5. Accounts will expire after 90 days of inactivity unless otherwise noted. B. New User Accounts 1. Upon notification from the Human Resources (HR) Department, a user account will be created for all new employees. Passwords for new accounts will be provided directly to HR and the employee's supervisor.The initial password provided will be temporary and must be changed once the employee logs into the network. Revision Date: 12/14/2021 page 653 Item#21. 2. Request for employee access to applications or resources beyond those provided to all employees must be submitted by the employee's supervisor using the ticketing system.Access will be granted based on the resource owner's approval. C. Removal of User Accounts 1. When an employee separates from the City, supervisors shall give IT notice to ensure that resources are no longer available when the employee leaves. 2. Employee accounts will remain in a "disabled" state for a maximum of 30 days, at which point the account will be deleted from the system. It is the responsibility of the employee's supervisor to notify IT of any resources which may be required of the terminated employee. II. Authentication A. The City's standard authentication method is username and password. Some resources require additional authentication known as multifactor authentication. B. Multifactor Authentication (MFA) 1. MFA involves combining more than one authentication type and generally provides a stronger assurance of the person's identity. MFA is typically utilized in systems involving sensitive, privileged, externally accessible, or cloud applications. 2. MFA shall be used when an information system being accessed contains sensitive or confidential information or when using a privileged account remotely. MFA is recommended in all cloud applications. C. Directory Services 1. Whenever possible and reasonable, any application or system, whether on premise or in the cloud, should use directory services and single sign on for authentication over local accounts and passwords. D. Session Lock 1. The City's default session lock value is 15 minutes for all City computers.The IT department may make exceptions to this on a case by case basis. E. Remote Access 1. Remote access that the city offers includes Virtual Private Network(VPN) services, cloud services, and any other externally accessible system. 2. All remote access services shall be encrypted, authorized, and are subject to expiration of 90 days. Revision Date: 12/14/2021 page 654 Item#21. 3. A User account is required. Users cannot use a shared account for remote access. 4. MFA shall be required for VPN access and is recommended for other services. III. Authorization A. All accounts shall only be used for authorized purposes. B. Least Privilege 1. An authorization should only provide the privileges required for the function or task to be performed and no more. C. Separation of Duties 1. Whenever practical, no one person should be responsible for completing or controlling a task, or set of tasks,from beginning to end when it involves the potential for fraud, abuse, or security concerns. IV. Auditing and Accounting A. The City shall maintain an audit trail of actions performed by identities and shall be reviewed for proper use. Revision Date: 12/14/2021 page 655 Item#21. CE IDIAN City of Meridian Standard Operating Procedure Number 10.4 Incident Response Purpose: To set forth the City's procedures regarding communication, response, mitigation, and remediation of Information Technology("IT") related incidents that impact or threaten the City of Meridian's information systems. Procedures and Related Information: I. Scope A. These procedures apply to all City of Meridian employees, contractors, or others,who process, store,transmit or have access to City of Meridian information systems. II. Definitions A. Systems: A software or hardware communications and/or computer-related equipment or interconnected system or subsystems of equipment that is used in the processing, transmission, containment, manipulation, monitoring, management, display or reception of data. B. Incident: An event that threatens the security, integrity, confidentiality, or availability of a City of Meridian IT related systems or services. III. Incident Reporting A. Any City employee, contractor, or others using City equipment is required to report any security incident, suspicious activity or related concern to IT.This includes, but is not limited to, contacting the Helpdesk or other IT employees directly, creating a ticket in the support system,sending an email, and/or contacting the IT After Hours emergency number. IT personnel will ensure that the incident is routed to the appropriate person. B. Employees, contractors, or others are required to notify IT of theft or a compromised device, even if the theft or the device is personal equipment when connected to a City system (such as email) IV. Prioritization A. Incidents will be prioritized by impact (Public web server as opposed to user workstation), and risk(data exposure or destruction). Revision Date: 12/14/2021 page 656 Item#21. V. Escalation A. For incidents of a significant nature,the Chief Information Officer(CIO) or designee is notified and responsible for determining the impact/risk of the incident and notifying and briefing the applicable parties on the incident. VI. Mitigation and Containment A. Information Technology employees that receive notification of an incident shall take appropriate action to terminate the activity. Affected systems of the incident will be isolated. A damage assessment will be conducted on the affected equipment or system. Any discovered vulnerability will be repaired as soon as possible. VII. Eradication and Restoration A. The damage assessment determines the course of action required to provide a permanent solution. Any repairs, upgrades, and/or data restorations will be conducted urgently, with IT's best effort to meet Recovery Time and Point Objectives (RTOs and RPOs) determined by the department(s) affected by the incident. Vill.Information Dissemination A. Any public release of information to the press and/or public regarding an IT related security incident shall be authorized and coordinated through the CIO and the City Communications Manager. B. The CIO or designee shall manage the dissemination of incident information to other agencies, departments, or personnel. Dissemination to said parties will be based on the impact and risk associated with the incident. Incident reports, including oral discussion, will be given within 24 hours of the incident. Agencies or departments with data of a sensitive nature shall be notified in accordance with their Federal regulation. Any security breach incidents involving PH (Personally Identifiable Information) or CJI (Criminal Justice Information)shall be reported to the Meridian Police Dept Terminal Agency Coordinator("TAC"), City of Boise,Ada County Sheriff Office, and Idaho State Police. Local law enforcement shall be notified if applicable. See the latest revision of the CJIS Security Policy for more information on CJI/PII. IX. Ongoing Reporting A. After initial report of an issue, if not already done, a ticket will be created in City support system in regards to the effect of the incident. If it's determined to be of a significant nature, subsequent reports will be provided to the CIO, IT designee, and others as applicable. Minor incidents will be managed within the IT Department. Updates and resolution notes will be attached to the ticket. B. An Incident report will contain, but may not be limited to the following items: 1. Point of contact Revision Date: 12/14/2021 page 657 Item#21. 2. Affected system and physical location(s) 3. System description and application 4. Type of information contained in the system 5. Incident description 6. Incident resolution status 7. Damage assessment, including data loss or corruption 8. Agencies and/or departments contacted 9. Corrective actions taken 10. Knowledge gained/future mitigation X. Review A. Analysis of the impact will be ongoing, and a best effort used to implement the resolution on all systems, affected or not, if applicable. Ongoing reports will be given at an appropriate frequency or as requested by the CIO or designee, Mayor, or City Officials. XI. Training A. Initial training will be provided during the onboarding process. In addition, Users will receive training at least annually through the security awareness training program. Revision Date: 12/14/2021 page 658 Item#21. CE IDIAN City of Meridian Standard Operating Procedure Number 10.5 Information Security Purpose: To set forth the City's procedures regarding information security. Procedures and Related Information: I. Network Connections A. City employees may not connect, nor contract with an outside vendor to connect, any device or system to the City's networks without the prior review and approval of IT. B. Unauthorized access to City network/server equipment (firewalls, routers, switches, etc.) is prohibited. C. Unauthorized access to City equipment/cabling rooms/datacenters is also prohibited. ll. Network Security A. All devices connecting to the network must have adequate security installed and maintained to prohibit unauthorized access or misuse. B. City reserves the right to quarantine or disconnect any system or device from the City network at any time. C. City reserves the right to decrypt encrypted traffic. III.Data Protection A. Systems hosting City information must be protected in alignment with Information Technology standards and industry best practices. Specifically, systems shall operate with: 1. Physical protection (mobile) 2. Up to date Anti-Virus software 3. A Firewall 4. Software updates applied regularly IV.Enforcement Revision Date: 12/14/2021 page 659 Item#21. A. Attempting to circumvent security or administrative access controls for information systems is a violation of these procedures and will be subject to disciplinary actions up to and including termination. B. Disciplinary action will be determined by the Chief Information Officer in conjunction with the Human Resources Director and the department director of the violating employee. V. Monitoring and Auditing A. City will maintain and monitor logs for all network devices and systems for security auditing purposes. B. City may perform security audits of any system or device attached to the City network. Revision Date: 12/14/2021 page 660 Item#21. CE IDIAN City of Meridian Standard Operating Procedure Number 10.6 Password Requirements Purpose: To set forth the City's procedures regarding password requirements. Procedures and Related Information: I. Passwords shall meet the standards in either the basic password standards or advanced password standards as outlined below. A. Basic Passwords Standards: 1. Expires every 90 days 2. Minimum of 8 characters 3. Must contain 3 of 4 character sets: lowercase, uppercase, number, special character 4. Cannot be the same as username 5. Cannot contain dictionary words 6. Cannot contain proper names 7. Cannot contain compromised passwords 8. Cannot contain more than 3 repeating or sequential characters ("aaaa", 11123411 , "gwerty") 9. Cannot be identical to the previous 10 passwords 10. Cannot be changed more than once per day B. Advanced Passwords Standards (Pass phrases): 1. Expires every 365 days 2. Minimum of 20 characters 3. Cannot be the same as username 4. Cannot contain compromised passwords 5. Cannot contain more than 3 repeating or sequential characters ("aaaa", "1234", "qwe rty") 6. Cannot be identical to the previous 10 passwords 7. Cannot be changed more than once per day 8. No complexity requirements such as upper/lower case, numbers, symbols. Spaces count as characters II. Unsuccessful Login Attempts: A. Account lockout duration: 10 minutes Revision Date:12/14/202 Page 661 Item#21. B. Account lockout threshold: 5 invalid attempts C. Reset account lock counter after: 10 minutes III. Employees shall keep all passwords confidential, current and compliant with these procedures. Failure to comply may be grounds for disciplinary action, up to and including termination. A. Employees shall inform the IT department immediately upon learning of any problem related to the confidentiality or integrity of their password. B. IT shall provide the necessary support to protect the City's information systems from cyber-attack related to an employee password compromise. IV. Additional information A. The City's password program is enforced by Group Policy,Active Directory and Password Policy Enforcer systems that run on City servers and integrate with Microsoft Azure Active Directory. B. Refer to the following resources for more information on password standards the City adheres to: 1. The National Institute of Science and Technology(NIST) Special Publication 600- 83B. 2. The Criminal Justice Information Services (CJIS) Security Policy. Revision Date:12/14/202 Page 662 Item#21. C E IDIAN City of Meridian Standard Operating Procedure Number 10.7 Security Awareness Training Purpose: To set forth the City's procedures regarding security awareness training. Procedures and Related Information: I. Security Awareness Training A. The City Information Technology("IT") department requires that each employee upon hire and at least annually thereafter successfully complete security awareness training. Certain staff may be required to complete additional training depending on their specific job requirements. Staff will be given a reasonable amount time to complete each course to not disrupt business operations. IT will also provide security awareness information which is to be reviewed by employees. (Emails/video monthly except when we do online training). II. Simulated Social Engineering Exercises A. The IT department will conduct periodic simulated social engineering exercises including but not limited to: phishing(e-mail),vishing (voice), smishing (SIVS), USB testing, and physical assessments.The IT department will conduct these tests at random throughout the year with no set schedule or frequency. The City IT department may conduct targeted exercises against specific departments or individuals based on a risk determination. III. Remedial Training Exercises A. From time to time City employees may be required to complete remedial training courses or may be required to participate in remedial training exercises with members of the IT department as part of a risk-based assessment. IV. Compliance & Non-Compliance A. Compliance with these procedures is mandatory for all employees, contractors, elected officials and others. Violation of these procedures by employees may be cause for disciplinary actions up to and including termination. The CIO in conjunction with the Human Resources Director and the department director of the employee will address violations and determine the appropriate discipline as needed. Revision Date: 12/14/2021 page 663 Item#21. B. All supervisors are responsible for ensuring that their staff and other workers within their responsibility participate in the security awareness training, and educational activities where appropriate and required. C. The IT department will monitor compliance and non-compliance with these procedures and report the results of training and social engineering exercises to the leadership team. V. Compliance Actions A. Certain actions or non-actions by City personnel may result in a compliance event (Pass). B. A"Pass" includes but is not limited to: 1. Successfully identifying a simulated social engineering exercise 2. Not having a Failure during a social engineering exercise (Non-action) 3. Reporting real social engineering attacks to the IT department VI. Non-Compliance Actions A. Certain actions or non-actions by City employees may result in a non-compliance event (Failure). B. "Failure" includes but is not limited to: 1. Failure to complete required training within the time allotted 2. Failure of a social engineering exercise 3. Failure of a social engineering attack C. Additional actions not outlined in these procedures may be required in the event of a failure associated with an actual social engineering attack, commensurate with the risk and/or damages to the City. D. Failure of a social engineering exercise includes but is not limited to: 1. Clicking on a URL within a phishing test 2. Replying with any information to a phishing test 3. Opening an attachment that is part of a phishing test 4. Enabling macros that are within an attachment as part of a phishing test 5. Allowing exploit code to run as part of a phishing test 6. Entering any data within a landing page as part of a phishing test 7. Transmitting any information as part of a vishing test 8. Replying with any information to a smishing test 9. Plugging in a USB stick or removable drive as part of a social engineering exercise 10. Failing to follow City procedures during a physical social engineering exercise Revision Date: 12/14/2021 page 664 Item#21. E. The IT department may also determine, on a case by case basis,that specific failures are a false positive and should be removed from that staff member's total failure count. VII. Failure Penalties A. The following outlines the penalty of non-compliance with these procedures. Steps not listed here may be taken by the IT department to reduce the risk that an individual may pose to the City. B. Social Engineering 1. First Failure - Notification from IT providing feedback on incorrect action. (Occurs on all phishing failures) 2. Second Failure—Mandatory completion of remedial training and discussion with supervisor. (Documented) 3. Third Failure—Training with IT, which is documented.This and subsequent failures may be subject to disciplinary action, up to and including termination. C. Training 1. First Failure—Notification from IT and supervisor to take correction action. 2. Second Failure—Discussion with supervisor. Computer access revoked until corrective action is take. (User account disabled) 3. This and subsequent failures may be subject to disciplinary action, up to and including termination. VIII.Record Keeping A. Records of all Compliance and Non-Compliance Actions shall be kept by the IT department for a rolling eighteen (18) month period. Any actions older than 18 months will not be considered for failure penalties. Revision Date: 12/14/2021 page 665 Item#21. C��W, IDIAN�-- City of Meridian Standard Operating Procedure Number 10.8 Technology Purchases Purpose: To set forth the City's procedures for technology purchases. Procedures and Related Information: Technology purchases shall meet the standards as outlined below. I. Technology Purchases A. The following items must be purchased through IT. Requests can be made through the IT Ticketing System: 1. Software 2. Software as a service (SaaS) -any software that's licensed on a subscription basis and is hosted outside the City network 3. Website/Hosting Services/Software Development 4. Computers (including Desktops, Workstations, Laptops, MDTs,Tablets, iPads) 5. Monitors 6. Printers/Copiers/Scanners 7. Phones (Mitel)—including Bluetooth Headsets 8. Conference/Video Conference Solutions 9. Network/Server Equipment 10. Mobile Apps for City Use 11. Any accessories or peripherals not listed below 12. Maintenance/support renewals, subscriptions, etc. of aforementioned items B. Accessories listed below can be ordered by departments without having to request them through IT: 1. Mouse 2. Keyboard 3. Flash Drive 4. Digital Camera 5. Computer Speakers 6. Bluetooth Headsets for Cell Phones 7. iPad Case 8. HDMI or USB cables 9. Headphones for computers (wired recommended) Revision Date: 12/14/2021 page 666 Item#21. C. IT has the following items on hand (but the department will still be charged): 1. Mouse 2. Keyboards 3. Monitors 4. Desk Phones 5. Computer Speakers II. Software Evaluation A. This defines the software evaluation process required to purchase software. This policy does not apply to upgrades of existing software. That is, software which the city currently owns, and the vendor of said software, is merely adding additional features or functionality in a newer version (i.e.version 6.1 to 7.0). 1. Department Directors (or designee) shall contact IT prior to beginning any software project. 2. The software evaluation process should be commensurate to the cost of the existing software the City owns and the cost of the new software. 3. IT will evaluate any new software system against existing software the City owns to maintain consistency and standards.The following questions will be used in the evaluation process. B. Questions for Department 1. What are the requirements? (What are the business needs?) 2. What is currently being used to fill these needs? 3. Is the software budgeted for? 4. What is the cost? (one time & recurring) 5. Is the software on premise or cloud based? 6. What is the implementation timeframe? 7. Who is providing training? 8. Are there plans to integrate it with other systems? 9. Will users access the system remotely? If so, how? 10. Will it require custom reporting? Will the vendor create the custom reports? If so, how many are included in the quote for install? 11. Will end users configure additional needed reports in the future or will IT need to allocate resources for this function? 12. How many users will be using the system? (How many installations will be needed?) 13. What is the plan for migrating any existing data into the system? 14. Are there any security or encryption requirements? 15. What is the retention for the data storage? How will records retention be managed for the software? Revision Date: 12/14/2021 page 667 Item#21. C. Questions for Vendor 1. General for Both (SaaS&On-Prem) a. Will users be able to run it without administrative privileges? b. What is the minimum resolution supported? (800x600, 1024768, etc..) c. Is there support for Single Sign On (SSO)? (SAML,AD integration, etc) d. What are the minimum hardware requirements? (CPU, HD, RAM) e. How is licensing set up? (Per user, device, concurrent, site wide, etc) f. Is there recurring maintenance, support, or subscription costs? 2. On Premise a. Can you provide a system architecture diagram? b. What is the database type? (SQL Server, Oracle, MySQL, etc) What versions are supported? c. Is it compatible with Windows Server 2016 for server-side and Windows 10 for client-side? d. Is it delivered over a web browser or client-server? If web, what browsers are supported? If web based, does it use responsive web design? e. What web server/container does it run on? (IIS, Apache) f. Who does the installation and subsequent maintenance? g. Is SSRS supported for reporting? h. What type of runtime will it operate in? (.NET,VB 6 Runtime,Java, Windows Runtime,Windows Universal Runtime, Win32, Silverlight, Flash, etc) i. Will any portion of the software be accessible from the internet? 3. Hosted/Software as a Service (SaaS) a. What platform is it hosted on? (AWS,Azure, Private datacenter, etc) b. Can we gain access to the data for reporting or integration needs? c. Are there any additional components that we will need to install? (ActiveX, Java, Flash, etc.) d. Can we get a copy of the data if we part ways with the product?What format will it be in?Can we get a copy of the data regularly for other needs? e. Is it delivered over a web browser or client-server? If web based, what browsers are supported? If web based, does it use responsive web design? f. Do you have any API's for integration? Is there an additional cost to them? g. What are the data protection services offered? (Backup, redundancy, frequency) Revision Date: 12/14/2021 page 668 Item#21. CE IDIAN City of Meridian Standard Operating Procedure Number 10.9 Technology Replacement Purpose: To set forth the City's procedures for replacing technology. Procedures and Related Information: i. The following schedule is used to replace hardware and software.All equipment will be replaced on this schedule. However, if a particular lot of equipment is problematic it may be necessary to replace equipment outside of the normal replacement cycle. A. Infrastructure: 4 years or as needed B. Computers: 5 years or as needed c. Software: 6 years or as needed D. Printers: 7 years or as needed ii. Replaced equipment will be disposed following the City's Asset Disposal policy. Once equipment has been funded for replacement,this equipment is not eligible to be included as a replacement request (G200) a second time. Revision Date: 12/14/2021 page 669