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01.20.2022 Council Packet Ammon City Council 01/20/2022Page 1 of 87 Ammon City Council 01/20/2022Page 2 of 87 Ammon City Council 01/20/2022Page 3 of 87 Ammon City Council 01/20/2022Page 4 of 87 Ammon City Council 01/20/2022Page 5 of 87 Ammon City Council 01/20/2022Page 6 of 87 Ammon City Council 01/20/2022Page 7 of 87 Ammon City Council 01/20/2022Page 8 of 87 Ammon City Council 01/20/2022Page 9 of 87 Ammon City Council 01/20/2022Page 10 of 87 Ammon City Council 01/20/2022Page 11 of 87 Ammon City Council 01/20/2022Page 12 of 87 Ammon City Council January 20, 2022 Mayor Coletti and City Councilmembers: Lease Agreement with Enterprise Fleet Management, Inc Staff Presenting: Micah Austin, City Administrator Recommendation -Approval of lease agreement Summary of Analysis 1.On December 9, 2021, representatives from Enterprise Lease Management, Inc, presented to the City Council a proposal to lease six (6) service vehicles to the City of Ammon. Based on that discussion, the City Council directed staff to obtain a lease agreement with Enterprise Lease Management, Inc. That lease agreement is up for approval at this meeting. 2.Scott Hall, City Attorney, has reviewed the lease agreement and made several revisions and Ywfxdwfx‡ ­ Mmf bˆ„„fx‡ Yl„ffwfx‡ „fkvfb‡ wz ‡ª aˆ‡ xz‡ Yvvª zk Lbz‡‡ 5Yvv¯ bmYxlf ­ 3.The total annual amount for the lease agreement is $49,800.75. 4.The lease agreement is renewable on an annual basis. 5.The City of Ammon can terminate the agreement at any time. Financial Impact -The total annual amount is $49,800.75. -The costs for this lease will be covered by the department to which the vehicle is assigned. Motion °6 wzf ‡z Y„zf ‡mf vfY f Yl„ffwfx‡ Žn‡m .x‡f„„n f =fY f >YxYlfwfx‡ 6xb­ Attachments: 1.Lease Agreement(s) with Enterprise Fleet Management. 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage|1 Ammon City Council 01/20/2022Page 13 of 87 87 of 14 Page 01/20/2022 Council City Ammon Ammon City Council January 20, 2022 Mayor Coletti and City Councilmembers: Contract for Service with Ammon Arts Community Theater for FY 2022 Staff Presenting: Micah Austin, City Administrator Recommendation -Approval of the request. Summary of Analysis 1.The Ammon Arts Community Theater, Inc, is requesting $1,200 from the City of Ammon for production of a live theater event that would occur during FY 2022 2.Ammon Arts Community Theater plans to produce three theater productions during 2021. All productions will be open to the public, but tickets will be sold. 3.According to the proposal submitted by the Ammon Arts Community Theater, the funds will be ˆ fd kz„ °bz ‡ˆwf ª „z ª wY‡f„nYv ‡z aˆnvd zˆ„ f‡ ª wˆ nbª b„n‡ ª Yxd ‡mf „nlm‡ ‡z af Yavf ‡z dz ‡mf mzŽ­± Financial Impact -Contracts for Service are paid from GL#10-408-600. This line item has adequate remaining budget to pay for this expense. Motion °6 wzf ‡z Y„zf ‡mf bzx‡„Yb‡ kz„ f„nbf Žn‡m !wwzx !„‡ *zwwˆxn‡ MmfY‡f„ nx ‡mf Ywzˆx‡ zk ÖߪàÞÞ­± Attachments: 1.Contract for Service 2.Proposal from Ammon Arts Community Theater. 3.Sponsorship Pamphlet 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage|1 Ammon City Council 01/20/2022Page 15 of 87 CONTRACT FOR SERVICES (City of Ammon and Ammon Arts Community Theater,Inc.) M56L *A?MK!*M 3AK L.KS6*.L °!l„ffwfx‡±Ã n wYdf Yxd fx‡f„fd nx‡z ‡mn àÞ dY zk January, 2022, by and between the CITY OF AMMON, an Idaho municipal corporation Âmf„fnxYk‡f„ „fkf„„fd ‡z Y °!wwzx±Ã Yxd !wwzx !„‡ ª 6xb­ daY !wwzx !„‡ *zwwˆxn‡ MmfY‡f„ª Yx 6dYmz xzx¼„zkn‡ bz„z„Y‡nzx Âmf„fnxYk‡f„ „fkf„„fd ‡z Y °!!*M±Ã­ RECITALS A.Ammon has the authority to enter into contracts and to take such steps as are reasonably necessary to maintain the health, safety and welfare of the City and promote cultural and recreation opportunities for Ammon citizens; B.AACT is experienced in providing specialized services to Ammon residents that the City of Ammon does not provide; C.It is in the best interest of the public health, safety, welfare, and prosperity of the City to continue the services that AACT provides to Ammon citizens and these activities, and any costs associated therein, are determined to be ordinary and necessary expenses for the economic well-being of Ammon and its residents and guests; D.Ammon desires to contract with AACT to provide health and welfare services that will improve the lives of individuals living within Ammon city limits; E.The parties acknowledge and agree that all funds paid to AACT under this Agreement shall be used to provide services for Ammon for the purpose of improving the public health, safety and welfare of Ammon residents; and F.Subject to the terms and conditions of this Agreement, the parties wish to enter into this agreement to provide the services described herein. AGREEMENT NOW THEREFORE, Ammon and AACT, for and in consideration of the preceding recitals, mutual promises and covenants hereinafter set forth, do hereby agree as follows: 1.Consideration. In consideration for providing theservices provided herein, Ammon agrees to pay AACT $1,200 to complete the Scope of Services. Subject to the terms and conditions set forth herein, Ammon shall make payments one lump sum payment on or before September 30, 2022. 2.Term. Unless terminated pursuant to Section 7(B)of this Agreement and notwithstanding the date of execution hereof, this Agreement shall be in effect until September 30, 2022. 3.Scope of Services. AACT shall provide the followingservices: -1- Ammon City Council 01/20/2022Page 16 of 87 a.Production of Community Theater i.Ammon Arts Community Theater, Inc. shall produce 3 community theater productions between February 1 and September 31, 2022. The productions shall be open to all residents of Ammon. 4.Budget, IRS Filings, Annual Work Plan, Monthly Record Keeping and Availability of Records. a.Budget. Upon request from the City of Ammon, AACTshall submit a Year-to-Date P&L and Balance Sheet for AACT, which is satisfactory to Ammon showing income, expenses and particular fund balances. AACT shall submit its current Operating Budget to Ammon when such budget has been approved by the AACT Board. This operating budget shall contain sufficient information and detail to permit meaningful review by the public. b.IRS Filings. Upon request from the City of Ammonand after execution of this Agreement, AACT shall submit to Ammon IRS Form 990 and all associated documents for the previous two (2) years of operation. c.Financial Accounting and Reporting Requirements.Upon request from the City of Ammon, AACT shall submit to Ammon a year-end financial statement which shall be prepared in a format that details the expenditure of Ammon funds paid to AACT under the terms of this Agreement. The City may request additional financial information it deems necessary or appropriate to assist the City in f„nknxl ‡mf Ybbˆ„Yb zk !!*M¯ knxYxbnYv „fbz„d ­ !x dˆv Yˆ‡mz„n“fd Ylfx‡ zk the City shall be entitled to inspect and audit all books and records of AACT only for compliance with the terms of this Agreement. In the event the financial report indicates that funds were used for purposes not permitted by this Agreement, AACT shall remit the disallowed amount to Ammon within thirty (30) days of notification by Ammon of such improper expenditures. d.General Requests. Upon request, and within a reasonabletime period, AACT shall submit any other information or reports relating to its activities under this Agreement to Ammon in such form and at such time as Ammon may reasonably require. e.Retention of Records. AACT agrees to retain all financialrecords, supporting documents, statistical reports, client or membership records and contracts, property records, minutes, correspondence, and all other accounting records or written materials pertaining to this Agreement for three (3) years following the expiration or termination of this Agreement. Ammon, at its own expense, may review or audit the financial transactions undertaken by AACT under this Agreement to ensure compliance with the terms and conditions herein with reasonable prior notice and during the normal business hours of AACT. 5.Payments. To receive payments for the services describedin Section 3 of this -2- Ammon City Council 01/20/2022Page 17 of 87 Agreement, AACT may be required by the City Council of the City of Ammon to submit quarterly reports of activities. 6.Record of Funds.In order to insure proper financialaccountability, AACT shall maintain accurate records and accounts of all funds received from Ammon, keeping such accounts and records separate and identifiable from all other accounts, and making such accounts and records available to the City during normal business hours, on request of the City. Compliance with this provision does not require a separate bank account for the funds. The funds paid to AACT by Ammon shall be expended solely for operations and activities in conformance with this Agreement. Further, no such funds shall be transferred, spent, loaned or encumbered for other AACT activities or purposes other than for operations and activities in conformance with this Agreement. 7.Miscellaneous Provisions. a.Notices. All notices to be served pursuant to thisAgreement or which are served with regard to this Agreement shall be sent by certified mail, return receipt, to the parties at the following addresses: City of Ammon 2135 S. Ammon Rd. Ammon, Idaho 83406 Ammon Arts Inc. dba Ammon Arts Community Theater, Inc. 4290 Birchwood Circle Ammon, ID 83406 All notices of changes of addresses shall be sent in the same manner. b.Termination. The parties hereto covenant and agreethat in the event Ammon, in its sole and absolute discretion, lacks sufficient funds to continue paying for !!*M¯ f„nbf ˆxdf„ ‡mn !l„ffwfx‡ª !wwzx wY ‡f„wnxY‡f ‡mn !l„ffwfx‡ without penalty upon thirty (30) days written notice. Upon receipt of such notice neither party shall have any further obligation to the other. In the event of early termination of this Agreement, AACT shall submit to Ammon a report of expenditures authorized by this Agreement as of the effective date of termination. Any Ammon funds not encumbered for authorized expenditures at the date of termination shall be refunded to Ammon within twenty (20) days. c.Independent Contractor. Ammon and AACT hereby agreethat the AACT shall perform the Services exclusively as an independent contractor and not as employee or agent of Ammon. The Parties do not intend to create through this Agreement any partnership, corporation, employer/employee relationship, joint venture or other business entity or relationship other than that of independent contractor. AACT, its agents and employees shall not receive nor be entitled to any employment-related benefits from Ammon including without limitation, workers compensation insurance, unemployment insurance, health insurance, -3- Ammon City Council 01/20/2022Page 18 of 87 retirement benefits or any benefit that Ammon offers to its employees. AACT shall be solely responsible for the payment of all payroll and withholding taxes kz„ Ywzˆx‡ Ynd ‡z !!*M ˆxdf„ ‡mn !l„ffwfx‡ Yxd kz„ !!*M¯ Ywfx‡ kz„ work performed in performance of this Agreement by AACT, its agents and employees; and AACT hereby releases, holds harmless and agrees to indemnify Ammon from and against any and all claims or penalties, including without limitation the 100% penalty, which in any manner relate to or arise from any failure to pay such payroll or withholding taxes. d.Compliance With Laws/Public Records. AACT acknowledgesthat Ammon is a public agency subject to the Idaho Public Records Act. AACT will communicate with and cooperate with Ammon upon request by Ammon so as to identify, address, potentially disclose, and evaluate exemptions as necessary for records that may be subject to Idaho public records law. e.Non-assignment. This Agreement may not be assignedby or transferred by AACT, in whole or in part, without the prior written consent of Ammon. f.Hold Harmless Agreement. AACT shall indemnify, defendand save and hold harmless Ammon, its officers, agents, and employees, from and against any and all claims, loss, damages, injury or liability, including but not limited to, the misapplication of Ammon funds, state or federal anti-trust violations, personal injury or death, damages to property, liability arising out of the use of materials, concepts, or processes protected by intellectual property rights and liens of workmen and material men, howsoever caused, resulting directly or indirectly from the performance of the Agreement by AACT. g.Entire Contract. This Agreement contains the entirecontract between the parties hereto and shall not be modified or changed in any manner, except by prior written contract executed by both parties hereto. h.Succession. This Agreement shall be binding uponall successors in interest of either party hereto. i.No Third Party Beneficiaries. This Agreement shallnot create any rights or interest in any third parties. j.Law of Idaho. This Agreement shall be construed inaccordance with the laws of the State of Idaho. k.Severability. If any clause, sentence, or paragraphof this Agreement is held by a court of competent jurisdiction to be invalid for any reason, such decision shall not affect the remaining portions, and the parties do now declare their intention that each such clause, sentence, or paragraph of this Agreement is a separate part hereof. l.Preparation of Contract. No presumption shall existin favor of or against any -4- Ammon City Council 01/20/2022Page 19 of 87 party to this Agreement as a result of the drafting and preparation of the document. m.No Waiver. No waiver of any breach by either partyof the terms of this Agreement shall be deemed a waiver of any subsequent breach of the Agreement. x­!‡‡z„xf¯ 3ff ­ 6x ‡mf ffx‡ fn‡mf„ Y„‡ mf„f‡zn „fƒˆn„fd ‡z „f‡Ynx bzˆx fv ‡z enforce a provision of this Agreement, to recover damages resulting from a breach hereof or if either party defaults in the performance of this Agreement, the prevailing party shall be entitled to recover from the other party all „fY zxYavf Y‡‡z„xf¯ kff nxbˆ„„fd mf„fnx z„ zx YfYv­ o.Conflict of Interest. No officer or director of AACTwho has decision making authority either by them self or by vote, and no immediate family member of such individual, shall have a direct pecuniary interest in any contract or subcontract for work to be performed in connection with this Agreement. AACT shall incorporate or cause to be incorporated in all such contracts, a provision prohibiting such interest pursuant to this provision. IN WITNESS WHEREOF, the parties hereto have caused this Contract for Services to be executed on the day and year first written above. CITY OF AMMONAmmon Arts, Inc. dba Ammon Arts Community Theater, Inc. ______________________________________________________________ Sean J. Coletti, Mayor___________________, Director ATTEST:______________________________ Kristina Buchan, City Clerk -5- Ammon City Council 01/20/2022Page 20 of 87 LetÔs Go! We are excited to announce Business:______________________________________________ the creation of a new Diamond SPONSOR$2500+ community theatre here in the Platinum SPONSOR$1000+ eastern side of Idaho Falls. As Gold SPONSOR$500+ a new organization, we need Silver SPONSOR$250+ the support of the community The and businesses to make the goal Bronze SPONSOR $100+ of creating high quality theatre GENEROUS SPONSOR $0-100 a reality. Total: MAGIC This is where we need Signature:______________________________________ Of Giving YOUR help! Date:_______________ We need to cover the hard cost Please make checks out to: involved in creating a new Ammon Arts Community Theatre community theater program. Now, like with any good team If mailing a check, our address is: thereÔs a reward for those that Ammon Arts Community Theatre help us climb to new heights! P.O. Box 261 Iona, ID 83427 Please email your business logo to: fundraising@ammonartscommunitytheatre.com HereÔs what you get for joining The larger the file, the better the picture! us and helping us reach our goals: Ammon City Council 01/20/2022Page 21 of 87 Ammon City Council 01/20/2022Page 22 of 87 Ammon City Council 01/20/2022Page 23 of 87 Ammon City Council January 20, 2022 Mayor Coletti and City Councilmembers: Consideration of Contract for Services with Resin Architecture for Designing a Remodel of Ammon City Hall Staff Presenting: Micah Austin, City Administrator Recommendation -Approval of contract as presented. Summary of Analysis 1.On November 5, 2021, according to Idaho Code 67-2320(2), the City of Ammon advertised for design services for a remodel and expansion of City Hall through issuance of Request for Proposals (RFP) 2.The RFP was published twice, according to Idaho Code 67-2320(2). 3.The City received two responses to the RFP: Resin Architecture and Hummel Architects. 4.Based on the criteria published in the RFP, Resin Architecture was recommended to the City Council for the design contract. 5.The proposed contract outlines seven phases of the project as follows: 1. Programming/Needs Assessment 2. Concept Design 3. Public Input / Community Work Session 4. Schematic Design Set 5. Design Development Set 6. Final Construction Document Set 7. Construction Administration Services 6.The total contract amount is not to exceed $105,250.00 for all seven phases. 7.This project is listed in the Strategic Plan as a top priority. Financial Impact -The GL Account for this expense is 10-408-700. $50,000 is currently budgeted for this project in this line item in FY22. -The total contract amount is not to exceed $105,250.00. This amount would be distributed over two fiscal years. -When the budget was established for this project in May 2021, the total contract cost was not known. Motion °6 wzf ‡z Y„zf ‡mf Yl„ffwfx‡ kz„ =nwn‡fd H„zkf nzxYv Lf„nbf Žn‡m Kf nx !„bmn‡fb‡ˆ„f Y „f fx‡fd­± Attachments: 1.Agreement with Resin Architecture for Limited Professional Services. 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage|1 Ammon City Council 01/20/2022Page 24 of 87 Resin Architecture 305 1st Street Idaho Falls, Idaho 83401 (208) 757-5700 AN AGREEMENT FOR THE PROVISION OF LIMITED PROFESSIONAL SERVICES Client:City of Ammon Micah Austin City Administrator 2135 South Ammon Road Ammon, ID 83406 T: 208-612-4051 M: 208-360-1280 maustin@cityofammon.us Date:January 13, 2022 Project # / Name / Location:21091 / Ammon City HallExpansion / 2135 S. Ammon Rd., Ammon, ID 83406 Dear Micah, We appreciate the opportunity to be part of your design team on the above-referenced project. Based on our understanding of the project, we propose to provide the following services. These services will be performed for the fee indicated as part of this proposed agreement for the disciplines listed/indicated below. We guarantee the ability to walk inside your building before you break ground. Scope / Intent and Extent of Services: Resin Architecture LLC ("Architect" or "Consultant" or "Resin") shall provide design and construction drawings for the City of Ammon City Hall Expansion with the following project parameters and design considerations: Project Parameters: Approximately 1 Million dollar budget based upon discussions with the City of Ammon. Approximately 3,600 - 4,000 total building s.f. based on current construction cost trends ranging from $250-$275 / s.f. for this type of construction. 305 1st Street IDAHO FALLS, ID 83401 208.757.5700 RESINARCHITECTURE.COM Ammon City Council 01/20/2022Page 25 of 87 Design Considerations: The addition is anticipated to be to the east of the existing building. Anticipated to include main level build out with space to be defined during the programming phase. Preliminary discussions have indicated the following: Approximately (10) ten offices. Potential council chambers overflow space. Full basement connecting to the existing basement. Concept design completed as part of this work. Final design documents and construction will be completed under a future phase and budget allocation. Building scale and form of the addition is intended to be consistent with the existing building. Allocate space anticipated utility capacity necessary for future addition of an elevator. Remodeling of existing facility is limited to areas immediately adjacent to the new addition. City desires to remodel the existing facility at the same time. Compensation for this interior remodel will fall under a future agreement or task order once the scope of work is defined in programming and concept design. Architecture Deliverable by Phase: 1.Programming / Needs Assessment a.Laser Scan entire existing facility b.Refine as-built model c.Project definition meeting to confirm scope of work d.Present to stakeholders and get feedback e.Refine and approval 2.Concept Design a.Concept Development b.Stakeholder Meeting / Concept Discussion c.Refine and approval 3.Public Input / Community Work Session a.Public Presentation / Public Feedback (if desired, otherwise move to SD below) b.Report Summary c.Stakeholder Meeting d.Refine and approval 4.Schematic Design Set a.Project Summary b.Development of Key project components c.Preliminary Cost Estimate 5.Design Development Set a.Development of project including engineering consultants coordination b.50% Progress Review Set - Consultant Coordination 6.Final Construction Document Set a.95% Progress Review Set - Consultant Coordination Ammon City Council 01/20/2022Page 26 of 87 7.Construction Administration Services a.Respond to Authority having jurisdiction b.Anticipated Construction Duration 6 months c.Bi-Weekly Owner, Architect, Contractor Meetings with report generation d.Review submittals from contractor e.Review shop drawings from subcontractors f.An allowance of $10,000 is included in our fee. Basic Service Package:$105,250.00 Architecture:Included Civil Engineering Allowance:allowance included in total above$7,500.00 Structural Engineering:Included Electrical Engineering:Included Mechanical Engineering:Included Plumbing Engineering:Included Interior Design:Included Consulting Engineers Coordination(if above itemsnot in contract)N/A Assumptions: The fee proposal is based on the initial meetings with the City describing the anticipated scope of work. This contract proposal is specifically limited by the language contained in this agreement. Resin will provide architectural services, design work, and similar professional services outlined in this proposal agreement. Changes that deviate from the outlined scope of design considerations and professional services may be deemed additional services and will be identified as such by RESIN prior to engaging in work for such changes or deviations from the original scope of work. Hourly work to be done at the rates identified under the terms and conditions listed below. Retainer Fee to be paid in full prior to commencement of work. RESIN to provide the owner with a digital pdf copy of the plans. Hard copy sets if requested will be charged to the owner based on reimbursable expenses as outlined below. The project will be invoiced out at design packet deliverable intervals as outlined here: oProgramming / Needs Assessment / Concept Design15% oSchematic Design Set25% oDesign Development Set25% oFinal Construction Document Set25% oConstruction Administration Services10% Anticipated Project Schedule is outlined as follows, however is dependent upon client review and approvals. oProgramming / Needs Assessment2 weeks oConcept Design1-2 weeks oPublic Input / Community Work Session2-3 weeks oSchematic Design2-3 weeks Ammon City Council 01/20/2022Page 27 of 87 oDesign Development - TBD Based On Complexity3-4 weeks oConstruction Documents4-5 weeks oPlan Review by the AHJ & Bidding4 weeks oIf the City desires to meet a certain schedule, we are open to further discussion on timeline. The project wonÓt be placed in our queue of work until a signed agreement is received. At which point we will be able to give a project commencement date. If Matterport scan is completed for as-built services we will maintain the file of that for the duration of the project or one year. At that time a point cloud will be downloaded and used for reference of any future projects. If the client desires the matterport to be continued for additional time this can be done at $100 per year. If Matterport scan is completed at milestones during construction, the scan(s) will be maintained for 13 months after substantial completion. Beyond that time limit, Resin will retain a point cloud of the scan data, however the scan will no longer be available through a web based interface. If the client desires access to the matterport web interface for additional time this can be done at $250 per year. Special Conditions:The terms and conditions are arequired part of this Agreement. Resin Architecture:Accepted By: ___________________________ ___________________________ (Printed Name)(Printed Name) ___________________________ ___________________________ (Signature) (Date) (Signature) (Date) Ammon City Council 01/20/2022Page 28 of 87 TERMS AND CONDITIONS RESINshallnotbeliableunderanycircumstanceforanyclaims,losses,costsordamages ARTICLE 1 - PERFORMANCE arising from or attributable to acts of force majeure. RESINARCHITECTURE,LLC,hereafterreferredtoasRESIN,anditsemployeeswill providearchitecturalservicesexercisingastandardofprofessionalcareandcompleteness ARTICLE 8 Ï MERIT OF CLAIM normallyexercisedundersimilarcircumstancesbyreputablearchitectsinthisorsimilar PriortoanydirectorthirdpartyclaimsagainstRESIN,theClientshallfirstprovide jma_jgrgcq,Lmu_pp_lrgcqcvnpcqqcbmpgknjgcb_pck_bcugrfpcqncarrmPCQGLǽq writtencertifications,executedbyatleasttwoindependentarchitectslicensedand performance,unlessagreedinwriting.RESINisnotresponsibleforactionsoromissions routinelyprovidingarchitecturalservicesintheprojectjurisdiction,who,afterreviewing mdrfcAjgclr*mpmdrfgpbn_prgcqslbcpPCQGLǽqbgpcaramlrpmj,PCQGLk_wpcjwsnml ourcontractspecifyingourscopeofservices,shallspecifyeachandeveryviolationofthe informationsuppliedbytheClient,oruponcontractorsorotherconsultantsinvolved,or standardofcareexpectedbyanarchitectundersimilarcircumstances.Suchcertifications uponinformationavailablefromgenerallyacceptedreputablesources,without shallbeprovidedatleastthirtydayspriortothepresentationofanyclaimor independentverification.RESINshallnothavecontrolovernorchangeof,andshallnot counterclaim. beresponsibleforconstructionmeans,methods,techniques,sequencesorprocedure,or forsafetyprecautionsorforsafetyprogramsinconnectionwiththeproject.RESINshall ARTICLE 9 Ï DISPUTE RESOLUTION nothavecontroloverorchargeofactsoromissionsofthecontractor,subcontractors,or Inanefforttoresolveanyconflictsthatariseduringthedesignandconstructionofthe theiragentsoremployees,orofanyothernon-RESINpersonsprovidingservicesor ProjectorfollowingthecompletionoftheProject,theClientandtheConsultantagree performingworkontheproject.TheseStandardTermsandConditionsshallcontinuein thatalldisputesbetweenthemarisingoutoforrelatingtothisAgreementortheProject dsjjdmpac_lbcddcarbspgle*_qucjj_q_drcp*rfcamknjcrgmlmprcpkgl_rgmlmdPCQGLǽq shallbesubmittedtononbindingmediation.TheClientandtheConsultantfurtheragree employment. toincludeasimilarmediationprovisioninallagreementswithindependentcontractors andconsultantsretainedfortheProjectandtorequireallindependentcontractorsand ARTICLE 2 - DOCUMENTS consultantsalsotoincludeasimilarmediationprovisioninallagreementswiththeir Allplans,specifications,reports,notes,data,images,modelsandotherdocuments, subcontractors,subconsultants,suppliersandfabricators,therebyprovidingfor regardlessofmediumorcontent,preparedbyRESIN,areinstrumentsofprofessional mediationastheprimarymethodfordisputeresolutionamongthepartiestoallthose serviceand,unlessotherwiseagreedinwriting,remainpropertyofResin.TheClientis agreements. grantedanon-exclusive;non-transferablelicensetousesaidinstrumentsforthisproject only.TheClientshallnotuseormakeanymodificationtothedrawings,calculations, ARTICLE 10 Ï COLLECTION COSTS reports,sketches,orotherinstrumentsofservicewithoutpriorwrittenconsentof Intheeventlegalactionisnecessarytoenforcethepaymentprovisionsofthis RESIN.TheClientwaivesandagreestoholdharmless,indemnifyanddefendRESIN, Agreement,prevailingpartyshallbeentitledtocollectfromthenon-prevailingpartyin from and against any and all claims, arising out of any such non-permissive modification. _bbgrgmlrmhsbekclr_lb_u_pbmdamlrp_arn_wkclrqbsc*_jj_rrmplcwǽqdccq*amspramqrq* ARTICLE 3 Ï PROFESSIONAL SERVICES andexpensesincurredbyprevailingpartyinconnectionwithobtainingsuchjudgment _lb*gl_bbgrgml*rfcpc_qml_`jct_jscmdnpct_gjglen_prwǽqrgkc_lbcvnclqcqqnclrgl Unlessthecontractisafixedfeeorotherwisenegotiated,allserviceswillbebilledatthe amllcargmlugrfqsafamjjcargml_argmlamknsrcb_rnpct_gjglen_prwǽqrgkc_lbcvnclqc following hourly rates: rates. Npglagn_j?pafgrcarȆȆȆȆGlrcplGGȆȆȆȆȆȆȆȆ"/..,.. ARTICLE 11 Ï ABANDONMENT, DELAY, OR TERMINATION $155.00 IntheeventalloranyportionoftheProjectissuspended,abandoned,orterminated,the QclgmpNpmhcarK_l_ecp,ȆȆ"/2.,..GlrcplȆȆȆȆȆȆȆȆȆ"63,.. ClientshallpayRESINforservicesrenderedandfordocumentsprepared,orpartially GlrcpgmpBcqgelcp,Ȇ,Ȇ,ȆȆ"/1.,..Mddgac?bkglȆȆȆȆȆȆ"5.,.. preparedbyRESINasthoughRESINhadcompletedthecurrentin-progressphaseof NpmhcarK_l_ecpȆȆȆȆȆ"/0.,.. theproject,oratatimeandmaterialsrateasnegotiatedbetweenclientandarchitect,in accordancewiththehourlyratescontainedherein,totalamountnottoexceedthe Additional services are services beyond those described herein and shall be billed as timecontract amount. and material at the current Resin billing rates as of the date the services are rendered. Eitherpartyhastherighttoterminatetheprojectatanytimeforconvenience.If These are 2021 rates. Hourly rates may increase on a biannual basis. terminatedbytheOwner,theOwneragreestopayforallworkperformedtodateaswell asanyadditionalcostsforobligationswhichcannotbeterminated.Iftheprojectis ARTICLE 4Ï ADDITIONAL EXPENSES terminatedbytheArchitect,theArchitectshallprovidetheOwnerwithdeliverablesas ExpensesincurredbyRESINforadditionalcopiesofdrawings,specifications,reports, theyhavebeendevelopedaspartofstandardprojectphasinganddevelopmentlevelat postage,mailings,publicorprivateagencyfees,meals,lodgingandcommercialtravel,and this time of termination. consultantsfees,etc.beyondthescopeofservicesdescribedherein,willbebilledatthe IntheeventtheOwnerchoosestodelaytheprojectformorethansixweeksduringthe following rates: actual cost + 10%. qafcbsjccqr_`jgqfcbdmprfcnpmhcar*PCQGLk_wpckmtcrfcnpmhcardpmkPCQGLǽq Travel at current government rates per mile by the IRS. regularproductionschedule.RESINwillnotifytheclientpriortotakingthisaction.If theClientdoesnotpermitworktoresumewithin4calendarweeksofnotificationthe ARTICLE 5 Ï BILLING projectwillberemovedfromthescheduleduetoOwnerinitiateddelay.Clientwillbe TheclientengagingRESINisresponsibleforpaymentofchargeasdescribedintheFee responsibletopayarestartfeeintheamountof$500fortheadministrativecosts Sectionofthiscontract.AdditionalServiceswillbeincludedontheinvoicewhere associatedwithclosingandreopeningtheproject.Furthermoreaprojectthatisremoved applicable.Paymentinfullisdueuponreceiptoftheinvoice.Invoicesunpaid30days fromtheschedulemaybesubjecttodelaysincontinuingdevelopment.Theextentof fromtheinvoicedateareconsideredpastdueandaresubjecttoaninterestsurchargeat delayandrestartofworkwillbenegotiatedatthetimethereasonsfordelayhavebeen therateof.42%permonthoftheunpaidbalance(5%trueannualrate)willbeaddedto resolved to allow continuation of work. PASTDUEaccounts.Intheeventanyportionorallofanaccountremainsunpaid90 ARTICLE 12 Ï FORCE MAJEURE daysafterbilling,thepastduebalancemaybeturnedoverforcollections.Atthistimeall work on the project shall cease as though the Owner has abandoned the project. NeitherpartyshallbeconsideredtobeindefaultofitsobligationsunderthisAgreement whenafailureofperformanceshallbeduetoaneventofForceMajeureprovidedthat ARTICLE 6 Ï INDEMNITY thepartyshallbeexcusedfromperformanceonlyforsolongastheeventofForce ClientwaivesanyclaimagainstRESIN,andagreestodefend,indemnify,andhold K_hcspcamlrglscq,RfcrcpkȀDmpacK_hcspcȁqf_jjkc_l_lwa_sqcpc_qml_`jw`cwmlb PCQGLf_pkjcqqdpmk_lwaj_gkmpjg_`gjgrwdmpglhspwmpjmqq*glajsbgle_jj_rrmplcwǽqdccq thecontrolofthepartyandwhichbytheexerciseofduediligencesuchpartycouldnot _lbbcdclqcamqrq*_pgqglemp_jjcecbjw_pgqgledpmkmpgl_lwu_wamllcarcbugrfPCQGLǽq reasonablyhavebeenexpectedtoavoidandwhichithasbeenunabletoovercome. servicesundertheseTermsandConditions,excepttotheextentthatsuchclaimor Withoutlimitingthepreceding,thefollowingareexamplesofForceMajeure:actsof jg_`gjgrwgqa_sqcb`wPCQGLǽqlcejgeclac, God,flood,earthquake,tornado,storm,fire,civildisobedience,labordisputes,laboror materialshortagesorsabotage,restraintsbycourtorderorpublicauthority(whether RESINindemnifiesClientagainstandholdClientharmlessfromanycosts,damages, validorinvalid),andinabilitytoobtainorkeepinforcenecessarygovernmental cvnclqcqmpjg_`gjgrgcq*glajsbglepc_qml_`jc_rrmplcwqǽdccq_lbamspramqrq*pcj_rcbrmmpgl authorizationsorapprovalsduetoactionorinactionofgovernmentalauthoritiesifnot connectionwiththeworktobeperformedbyRESINunderthisAgreement,exceptto causedbythefaultofthepartyseekingrelief.Ifapartyisrenderedunabletofulfillanyof the extent caused by Client's negligence or willful misconduct. itsobligationsunderthisAgreementbyreasonofaneventofForceMajeure,suchparty ARTICLE 7Ï LIMITATION OF LIABILITY shall give prompt written notice of such fact to the other party. InrecognitionoftherelativerisksandbenefitsoftheProjecttoboththeClientand RESIN,theriskshavebeenallocatedsuchthattheClientagrees,tothefullestextent permittedbylaw,tolimittheliabilityofRESINtotheClientforanyandallclaims, losses,costs,damagesofanynaturewhatsoeverorclaimsexpensesfromanycauseor causes,includingattorneys'feesandcostsandexpert-witnessfeesandcosts,sothatthe totalaggregateliabilityofRESINtotheClientshallnotexceedRESIN'stotalfeefor servicesrenderedonthisProject.Itisintendedthatthislimitationapplytoanyandall liabilityorcauseofactionhoweverallegedorarising,unlessotherwiseprohibitedbylaw. Ammon City Council 01/20/2022Page 29 of 87 REVISION January 2022 Ammon City Council January 20, 2021 Mayor Coletti and City Councilmembers: BIRD eScooter MOU Staff Presenting: Micah Austin, City Administrator Recommendation -Approval of MOU as presented. Summary of Analysis 1.BIRD Scooters, represented by Julianne Roller, is requesting a business license to operate in the City of Ammon. 2.BIRD would be a unique business in Ammon because they operate entirely within the public ROW. 3.In order to operate their business in the public ROW, BIRD is proposing the attached Memorandum of Understanding (MOU). 4.Among other things, the MOU indemnifies the City of Ammon from all activities related to the operation of the BIRD business. 5.City Attorney, Scott Hall, has reviewed the MOU and his changes are reflected. 6.The MOU was presented and discussed to the City Council on January 13, 2022. After that discussion, the City Council directed staff to bring the MOU to the City on January 20, 2022 for approval. Financial Impact -There is no financial obligation with the proposed MOU. Motion ¼°6 wzf ‡z Y„zf ‡mf >AN Žn‡m )6K, Y „f fx‡fd­± Attachments: 1.Memorandum of Understanding (MOU) with BIRD. 2135 South Ammon Rd., Ammon, Idaho 83406City Hall: (208) 612-4000 www.cityofammon.usPage|1 Ammon City Council 01/20/2022Page 30 of 87 Memorandum of Understanding City of Ammon will permit Bird Rides, Inc. to provide services under the following terms and limitations. This agreement shall remain in effect until ___December 31, 2022___ and shall renew for successive twelve (12) month periods unless either party provides written notice to the other of its intention not to renew at least thirty (30) days prior to the end of the then-current term, or unless terminated as set forth below. AGREEMENT 1)Scope: This Agreement and its terms apply to any proposed deployment of Stand-up fvfb‡„nb bzz‡f„ mY„nxl  ‡fw Žn‡mnx *n‡ zk !wwzx¯ tˆ„n dnb‡nzxYv azˆxdY„nf ­ 2)Stand-up electric scooters shall be governed by the rules applying to bicycles and are to be ridden on streets, and where available, in bike lanes and bike paths. Stand-up electric scooters are to stay to the right of street lanes and to offer the right of way to bicycles in bike lanes and on bike paths. Users of Stand-up electric scooters shall be 18 or older. Users of Stand-up electric scooters who violate these provisions may be fined by City of Ammon consistent with fines for cyclists. 3)Bird Rides, Inc. shall provide easily visible contact information, including toll-free phone number and/or e-mail address on each Stand-up electric scooter for members of the public to make relocation requests or to report other issues with devices. 4)Hours of operation: Stand-up electric scooters will be made available to rent 24 hours per day. City of Ammon may choose at anytime to limit operational hours from 4 a.m. to midnight (local time) 5)Safety Education: Bird Rides will provide materials, videos, signage to promote safe riding and educate riders on rider responsibilities and encourage safe and courteous riding and parking. 6)Data sharing: Bird Rides, Inc. will provide data to the City of Ammon as necessary to assist with monitoring program usage. 7)Indemnification: Bird Rides, Inc. agrees to indemnify, defend and hold harmless City of !wwzx ÂYxd *n‡ zk !wwzx¯ fwvzff ª Ylfx‡ Yxd YkknvnY‡f à k„zw Yxd YlYnx ‡ Yvv Yb‡nzx ª dYwYlf z„ bvYnw a„zˆlm‡ YlYnx ‡ *n‡ zk !wwzx Y„n nxl zˆ‡ zk )n„d Kndf ª 6xb­¯ xflvnlfxbf z„ Žnvvkˆv wn bzxdˆb‡ª fbf‡ ‡mY‡ )n„d Kndf ª 6xb­¯ nxdfwxnknbY‡nzx zavnlY‡nzx mYvv xz‡ f‡fxd ‡z bvYnw zk *n‡ zk !wwzx¯ Âz„ *n‡ zk !wwzx¯ fwvzff ¯ª Ylfx‡ ¯ z„ YkknvnY‡f ¯Ã l„z xflvnlfxbf z„ Žnvvkˆv wn bzxdˆb‡­ )n„d Kndf ª 6xb­¯ nxdfwxnknbY‡nzx zavnlY‡nzx mYvv ˆ„nf kz„ Y period of two (2) year after expiration of this Agreement. Bird Rides, Inc. shall be released from its indemnification obligations under this section if the loss or damage was caused by the City of !wwzx¯ l„z xflvnlfx‡ bzx ‡„ˆb‡nzx z„ wYnx‡fxYxbf zk ˆavnb nxk„Y ‡„ˆb‡ˆ„f­ *n‡ zk !wwzx¯ right to indemnification shall be contingent on City of Ammon notifying Bird Rides, Inc. promptly following receipt or notice of any claim; Bird Ride, Inc. shall have sole control of any defense; City of Ammon shall not consent to the entry of a judgment or enter into any settlement without the prior written consent of Bird Ride, Inc. 8)Insurance: Bird Rides, Inc. shall provide City of Ammon with proof of insurance coverage exclusively for the operation of Stand-up electric scooters including: (a) Commercial General Ammon City Council 01/20/2022Page 31 of 87 Liability insurance coverage with a limit of no less than $1,000,000.00 each occurrence and $2,000,000.00 aggregate; (b) Automobile Insurance coverage with a limit of no less than $1,000,000.00 each occurrence and $2,000,000.00 aggregate; and (c) where Bird Rides, Inc. fwvz f„ zx Žn‡mnx ‡mf *n‡ zk !wwzxª Tz„uf„ ¯ *zwfx Y‡nzx bzf„Ylf zk xz vf ‡mYx the statutory requirement. 9)Bird Rides, Inc. shall be deemed an independent contractor and not affiliated with the City of Ammon for all purposes including workers compensation. Bird Rides shall further pay all takes for all of its employees and any sales or other tax associated with the operation of this contract. 10) Notices: All notices and communications to the City of Ammon from Bird Rides, Inc. shall be made in writing (includes electronic communications) and sent to the address below. 11) Either party may terminate this agreement at any time and without cause upon (30) days prior written notice. 12) In carrying out their responsibilities, the parties shall remain independent contractors, and nothing herein shall be interpreted or intended to create a partnership, joint venture, employment, agency, franchise or other form of agreement or relationship. 13) The parties acknowledge that Bird Rides, Inc. may utilize independent business logistics providers to facilitate local operations. Bird's use of these logistics providers does not constitute a transfer or assignment of this Agreement, and Bird Rides, Inc. remains responsible for all obligations and requirements under this Agreement. 14) This agreement shall be governed by and construed in accordance with the laws of the state of Idaho with jurisdiction at Bonneville County. City of Ammon, IdahoBird Rides, Inc. Signed By: Signature:___________________ Signature:___________________ Print Name: _________________ Print Name: _________________ Title: _______________________Title: _______________________ Email: ______________________Email: birdlegal@bird.co Ammon City Council 01/20/2022Page 32 of 87 Ammon City Council 01/20/2022Page 33 of 87 Ammon City Council 01/20/2022Page 34 of 87 LOT AREA TABLE 050'100' SCALE: 1" = 50' Ammon City Council 01/20/2022Page 35 of 87 CURLEW BEND DEVELOPMENT AGREEMENT - Page 1 of 13 Ammon City Council 01/20/2022Page 36 of 87 CURLEW BEND DEVELOPMENT AGREEMENT - Page 2 of 13 Ammon City Council 01/20/2022Page 37 of 87 CURLEW BEND DEVELOPMENT AGREEMENT - Page 3 of 13 Ammon City Council 01/20/2022Page 38 of 87 CURLEW BEND DEVELOPMENT AGREEMENT - Page 4 of 13 Ammon City Council 01/20/2022Page 39 of 87 CURLEW BEND DEVELOPMENT AGREEMENT - Page 5 of 13 Ammon City Council 01/20/2022Page 40 of 87 CURLEW BEND DEVELOPMENT AGREEMENT - Page 6 of 13 Ammon City Council 01/20/2022Page 41 of 87 CURLEW BEND DEVELOPMENT AGREEMENT - Page 7 of 13 Ammon City Council 01/20/2022Page 42 of 87 CURLEW BEND DEVELOPMENT AGREEMENT - Page 8 of 13 Ammon City Council 01/20/2022Page 43 of 87 CURLEW BEND DEVELOPMENT AGREEMENT - Page 9 of 13 Ammon City Council 01/20/2022Page 44 of 87 CURLEW BEND DEVELOPMENT AGREEMENT - Page 10 of 13 Ammon City Council 01/20/2022Page 45 of 87 CURLEW BEND DEVELOPMENT AGREEMENT - Page 11 of 13 Ammon City Council 01/20/2022Page 46 of 87 CURLEW BEND DEVELOPMENT AGREEMENT - Page 12 of 13 Ammon City Council 01/20/2022Page 47 of 87 CURLEW BEND DEVELOPMENT AGREEMENT - Page 13 of 13 Ammon City Council 01/20/2022Page 48 of 87 Ammon City Council 01/20/2022Page 49 of 87 Ammon City Council 01/20/2022Page 50 of 87 Ammon City Council 01/20/2022Page 51 of 87 Ammon City Council 01/20/2022Page 52 of 87 Ammon City Council 01/20/2022Page 53 of 87 Ammon City Council 01/20/2022Page 54 of 87 Ammon City Council 01/20/2022Page 55 of 87 Ammon City Council 01/20/2022Page 56 of 87 Ammon City Council 01/20/2022Page 57 of 87 Ammon City Council 01/20/2022Page 58 of 87 Ammon City Council 01/20/2022Page 59 of 87 Ammon City Council 01/20/2022Page 60 of 87 Ammon City Council 01/20/2022Page 61 of 87 Ammon City Council 01/20/2022Page 62 of 87 Ammon City Council 01/20/2022Page 63 of 87 Ammon City Council 01/20/2022Page 64 of 87 Ammon City Council 01/20/2022Page 65 of 87 Ammon City Council 01/20/2022Page 66 of 87 Ammon City Council 01/20/2022Page 67 of 87 Ammon City Council 01/20/2022Page 68 of 87 Ammon City Council 01/20/2022Page 69 of 87 3 6 4 7 5 FINAL PLAT DATA Ammon City Council 01/20/2022Page 70 of 87 Ammon City Council 01/20/2022Page 71 of 87 Ammon City Council 01/20/2022Page 72 of 87 Ammon City Council 01/20/2022Page 73 of 87 Ammon City Council 01/20/2022Page 74 of 87 Ammon City Council 01/20/2022Page 75 of 87 Ammon City Council 01/20/2022Page 76 of 87 Ammon City Council 01/20/2022Page 77 of 87 Ammon City Council 01/20/2022Page 78 of 87 Ammon City Council 01/20/2022Page 79 of 87 Ammon City Council 01/20/2022Page 80 of 87 Ammon City Council 01/20/2022Page 81 of 87 Ammon City Council 01/20/2022Page 82 of 87 Ammon City Council 01/20/2022Page 83 of 87 Ammon City Council 01/20/2022Page 84 of 87 Ammon City Council 01/20/2022Page 85 of 87 General Objectives and Characteristics of Zone Ammon City Council 01/20/2022Page 86 of 87 Ammon City Council 01/20/2022Page 87 of 87