01.20.2022 Council Packet
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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
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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
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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
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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
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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
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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.)
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January, 2022, by and between the CITY OF AMMON, an Idaho municipal corporation
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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:
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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
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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
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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
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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,
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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.
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ARTICLE 3 Ï PROFESSIONAL SERVICES andexpensesincurredbyprevailingpartyinconnectionwithobtainingsuchjudgment
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Unlessthecontractisafixedfeeorotherwisenegotiated,allserviceswillbebilledatthe
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following hourly rates:
rates.
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ARTICLE 11 Ï ABANDONMENT, DELAY, OR TERMINATION
$155.00
IntheeventalloranyportionoftheProjectissuspended,abandoned,orterminated,the
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ClientshallpayRESINforservicesrenderedandfordocumentsprepared,orpartially
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preparedbyRESINasthoughRESINhadcompletedthecurrentin-progressphaseof
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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%.
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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
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PCQGLf_pkjcqqdpmk_lwaj_gkmpjg_`gjgrwdmpglhspwmpjmqq*glajsbgle_jj_rrmplcwǽqdccq
thecontrolofthepartyandwhichbytheexerciseofduediligencesuchpartycouldnot
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reasonablyhavebeenexpectedtoavoidandwhichithasbeenunabletoovercome.
servicesundertheseTermsandConditions,excepttotheextentthatsuchclaimor
Withoutlimitingthepreceding,thefollowingareexamplesofForceMajeure:actsof
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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
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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
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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
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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
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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.
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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
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LOT AREA TABLE
050'100'
SCALE: 1" = 50'
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CURLEW BEND DEVELOPMENT AGREEMENT - Page 1 of 13
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6
4
7
5
FINAL PLAT DATA
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General Objectives and Characteristics of Zone
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