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HomeMy Public PortalAboutPacket_CCMeeting_10172017City Councihvleeting October 17, 2017 Tab A Agendas Tab B Minutes 1. City Council Work Meeting - September 19tn 2. City Council Meeting - September 19t" Tab C Financials Tab D Amending City Code Sections 8-2-2 and 8- 2-42 through 8-2-45 Relative to Cross Connection Provisions Tab E Approval of Bonneville County Contract Tab F Approval of Fiscal Year 2017/2018 Legal Services Proposal Tab G Tab H TAB A AGENDA1 Iona City Council Special Work Meeting October 17, 2017 — 6:00 p.m. Iona City Hall — 3548 North Main Street 1. WELCOME 2. ROLL CALL 3. CONSENT AGENDA 4. ITEMS OF BUSINESS a. Meet the Candidates for the 2017 General City Election 5. ADJOURNMENT 1 The Idaho Open Meeting Act prohibits Council deliberation or a decision on matters that are not specifically listed on the Agenda. Persons wishing to items placed on the Agenda should contact the City Clerk no later than the Tuesday Prior to the next meeting. Persons needing special accommodations to participate in the meeting should contact the City Clerk no later than 1:00 p.m. on the day prior to the meeting. AGENDA1 Iona City Council Regular Meeting October 17, 2017 — 7:00 p.m. Iona City Hall — 3548 North Main Street 1. WELCOME 2. ROLL CALL 3. PLEDGE OF ALLEGANCE 4. CONSENT AGENDA a. Minutes b. Financial and Expense Reports 5. ITEMS OF BUSINESS a. Approval of Ordinance 216-10-17 Amending City Code Sections 8-2-2 and 8-2- 42 through 8-2-45 Relative to Cross Connection Provisions b. Approval of Bonneville County Law Enforcement Contract for 2017 c. Approval of Fiscal Year 2017/2018 Legal Services Proposal d. General Water Discussion e. Sports Recreation Director f. Discussion of Part -Time Help g. Veteran's Day Program h. Annual Iona Trunk or Treat i. Staff Reports 6. ADJOURNMENT ' The Idaho Open Meeting Act prohibits Council deliberation or a decision on matters that are not specifically listed on the Agenda. Persons wishing to have items placed on the Agenda should contact the City Clerk no later than the Tuesday prior to the next meeting. Persons needing special accommodations to participate in the meeting should contact the City Clerk no later than 1:00 p.m. on the day prior to the meeting. TAB 6 CITY COUNCIL SPECIAL MEETING SEPTEMBER 19, 2017 — 6:00 P.M. IONA COMMUNITY CENTER PRESENT: Mayor Brad Andersen, Council President Dan Gubler, Council Member Rob Geray, Council Member Dan Garren, Council Member Kathy McNamara, City Clerk Shara Roberts, Public Works Director Zech Prouse, and Chief of Police Karl Bowcutt. ABSENT: None. VISITORS: Ted Hendricks, Paul Scoresby, Emily Downey, and John & Sally Price. Discussion of Water System Improvement Project: Engineer Paul Scoresby and Ted Hendricks with the East-Central Idaho Planning & Development Association (ECIPDA) presented a draft public information flyer for the Council's review. He explained the purpose of the flyer is to inform, educate, and announce the public information meeting regarding the water system improvement project. He encouraged each member of the Council to hand the flyers out in their respective neighborhoods. Council Member Geray noted the amount for the water connection fee should be corrected to $4,859. Mr. Hendricks explained the monthly water rate increase of $19.00 is based on a worst case scenario if other funds are not secured. Council Member McNamara recommended including the interest rate for additional information. Mayor Andersen recommended including an explanation of what peak hour demand is and what could happen if exceeded, such as the City receiving fines and having to implement a mandatory limited watering schedule. Council Member Garren commented he liked the short and sweet format they have presented. However, he feels there should be a little bit more information provided and handed out an additional flyer for the Council's review. Mr. Hendricks recommended keeping the invitation to the public information meeting short and sweet, and using the informational flyer Council Member Garren drafted as additional information for the meeting. Mayor Andersen recommended including information regarding deficient fire flow requirements. Mr. Hendricks recommended the Council host at least two public information dates before the November 7th Election. After further discussion, the Council set the date for the first public information meeting for Thursday, October 12th at 7:00 p.m. Additionally, they directed Clerk Roberts to have a banner 1 made up, include it in October's newsletter, contact the Post Register to include an article, and have copies made of the informational flyers. Mr. Hendricks and Mr. Scoresby will take the revisions suggested here tonight and have a final document back to Clerk Roberts for distribution. Preventive Maintenance for Air Conditioner (AC) Installation: Director Prouse presented a preventive maintenance agreement for the AC Installation for the Council's consideration, "Exhibit A". He explained the City would receive a discounted labor rate of $65 per hour compared to a normal labor rate of $95. After further discussion, the Council agreed to have the maintenance done on a semi-annual basis for this first year. Discussion of Amending Iona City Code Title 4, Chapter 1 titled Business Licenses: Due to time constraints, this agenda item was discussed during the regularly scheduled city council meeting. Iona Historical Museum Budget: Due to time constraints, this agenda item was discussed during the regularly scheduled city council meeting. Scheduling of Monument Dedication — Sally Price: Mayor Andersen announced the monument outside of the City building is complete and recognized John and Sally Price for all of their hard work on this project. He discussed having a dedication for the monument. After further discussion, the Council decided the dedication would be held on Thursday, October 12th at 6:00 p.m. Mayor Andersen directed Clerk Roberts to contact the Post Register about this event, and include information in October's newsletter. Meeting adjourned 6:55 p.m. COUNCIL APPROVED: October 17t", 2017 ATTEST: Brad Andersen, Mayor Shara Roberts, City Clerk 2 CITY COUNCIL REGULAR MEETING IONA COMMUNITY CENTER SEPTEMBER 19, 2017 — 7:00 P.M. PRESENT: Mayor Brad Andersen, Council President Dan Gubler, Council Member Rob Geray, Council Member Kathy McNamara, Council Member Dan Gauen, Attorney Dale Storer, Attorney Andrew Rawlings Public Works Director Zech Prouse, City Clerk Shara Roberts, Chief of Police Karl Bowcutt, and Treasurer Amy Sullivan. ABSENT: None. VISITORS: Emily Downey, Susan Gardner, and Sally Price. Mayor Andersen welcomed everyone and led with the Pledge of Allegiance. A roll call was taken to open the meeting. CONSENT AGENDA: Mayor Andersen entertained a motion. Council President Gubler moved to add Discussion of Amending Iona City Code Title 4, Chapter 1 titled Business Licenses and the Iona Historical Museum Budget to the agenda due to time constraints in the special work meeting. Council Member Geray seconded the motion. All in favor, motion carried. Attorney Storer introduced Attorney Andrew Rawlings to the Council and the public. He explained he discussed with Mayor Andersen having Attorney Rawlings start working on the City of Iona account. Mayor Andersen recognized Council President Gubler for his efforts towards working with Alpine Heating and Air to get the air conditioning/heating units installed in the City Council Chambers and the City Office. City Council Minutes of August 15, 2017 were reviewed. Council reviewed the finance reports for the period ending August 31, 2017 (92% of the fiscal year elapsed). The City had $995,348.79 in the bank and routine bills had been paid, "Exhibit A". Mayor Andersen entertained a motion. Council Member Geray moved to approve the consent agenda as presented. Council President Gubler seconded the motion. All in favor, motion carried. ITEMS OF BUSINESS: Approval of Resolution No. 2017-02 Pertaining to Water Connection Fee Increase — Public Hearing: Mayor Andersen explained the Council has been working over the last several months with the City Attorney and Engineer to calculate an appropriate water connection fee to be charged whenever a new connection is made into the City's water system. Historically, the City has charged $3,000 per connection. He further explained historically, water rights have not been considered as part of the calculation under the equity buy in method. However, when including the value of the City's water rights they are able to justify the increase to $4,895. Mayor Andersen recognized Council Member 1 Geray for his efforts in thinking outside of the box and advocating towards something which has never been done before. Mayor Andersen then explained the public hearing process and opened the public portion of the hearing; those in favor, none; neutral, one; opposed none. Emily Downey located at 3162 Ashwood Ln. expressed she was in favor of the increase if it makes sense to her and inquired what all was included in the equity buy in calculation to come up with the increased number. Attorney Storer explained when someone connects to the City's water system they receive the benefit of a fully established system. A water connection fee is designed to ensure developers pay for their fair share of the system. He further explained as long as you calculate the fee in a manner representative of the value of the system it will be viewed as an appropriate fee. In that calculation, you would include water lines, pumps, tanks, value of water rights, etc. which would give you the total value of the system and then you divide it by the number of users connected to that system. Mayor Andersen closed the public portion of the hearing. Mayor Andersen entertained a motion. Council President Gubler moved to approve Resolution No. 2017-02 pertaining to the increase of the water connection fee to $4,895.00 per hook up. Council Member Geray seconded the motion, "Exhibit B". Approval of the resolution was taken by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Yes Approval of Resolution No. 2017-03 Electrical and Plumbing Inspectors: Mayor Andersen entertained a motion. Council Member Geray moved to approve Resolution No. 2017-03 pertaining to the appointment of the electrical and plumbing inspectors. Council Member McNamara seconded the motion, "Exhibit C": Approval of the resolution was taken by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Yes Final Plat Approval for Jerry Hansen Subdivision on Hansen Avenue: Director Prouse reported the accurate final plat was never submitted for approval back in 2014 when this was presented to Planning and Zoning and the City Council. He has reviewed the plat and is comfortable with the information. Mayor Andersen entertained a motion. Council President Gubler moved to accept the final plat for Jerry Hansen's Subdivision on Hansen Avenue. Council Member McNamara seconded the motion. Approval of the final plat was taken by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Yes 2 General Water System Discussion: Mayor Andersen explained the City will be holding a water bond election on Tuesday, November 7th for the purpose of making improvements to the water system. As a result, they have scheduled a public information meeting for Thursday, October 12th at 7:00 pm. The Council will also be taking a flyer door to door to the residents to discuss with them in person the improvements they are hoping to accomplish. Director Prouse reported he has updates on some action items he was assigned from previous meetings. In regards to the railroad permitting process he has all the documentation and is in the process of submitting the permit for approval. Additionally, he has spoken with Rocky Mountain Power about bringing the service up to the tank site. He expressed there is a possibility it would need to go under the asphalt on 49th in order to make this happen. However, Engineer Paul Scoresby already figured that cost into the project. Mayor Andersen requested Council President Gubler to get something in writing from Progressive Irrigation regarding the permitting to bore under the canals if the bond passes. Mayor Andersen inquired about the status of the evaluation of the water rights. Attorney Storer explained as the Council should recall he recommended a formal evaluation of the water rights as part of the increased water connection fee. The first quote he received came in a little high. He has received a second quote for about $3,000 - $4,000, and is still waiting on a response from another entity. He is hoping to have this back on the agenda for consideration at the next scheduled city council meeting. General Annexation Discussion: Mayor Andersen expressed the City is being enclosed and affected by all the surrounding development. He discussed the possibility of considering Category B Annexation for a couple of properties adjacent to city limits. Council President Gubler expressed he didn't disagree, and suggested the Mayor approach the property owners to see if they are willing to annex into the City. Council Member Geray expressed he isn't opposed to Category B Annexation. However, it became a difficult situation when the Council considered it before and then backed off. Before the City Council pursues this any further he wants to know what has changed and if the Council as a whole is on board. Council Member Garren agreed having the conversation with the property owners would be a good start. Update on Stanger Building: Director Prouse confirmed the Stanger Building is on the national register of historical buildings. The City would be in violation if they did any other type of material than cedar shakes which would cost $24,500 for materials and labor. If the roof requires new sheeting underneath it could be an additional $4,000 in cost. Mayor Andersen entertained a motion. Council President Gubler moved to approve the bid for up to $28,500 for the Stanger Building. Council Member Geray seconded the motion. Approval was taken by a roll call vote: 3 Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Yes Approval of Laserfiche Records Management Software: Clerk Roberts reported on a couple of questions the Council had from last month's meeting. She had a meeting with the sales representative, and he explained the agreement does have a limited liability clause which covers anything the City has spent in the last 12 months in the event the data was compromised. The cloud option has a built-in disaster recovery because the system is automatically backed up 6 times a day with Amazon Web Services. If the City decided to go with the on -premise option it would be their responsibility to complete system backups to their server which can be difficult for smaller cities who do not have an IT Department. The total project cost for the first year for the cloud option would be $6,214.40 with an annual recurring subscription of $3,044.40. The total project cost for the on -premise option would be $37,241.75 with a potential annual recurring subscription of $5,596.75. Mayor Andersen entertained a motion. Council Member Geray moved to approve the purchase of the Cloud Laserfiche Records Management Software. Council Member Gauen seconded the motion. Approval was taken by a roll call vote: Council Member Geray: Yes Council Member Gubler: Yes Council Member Garren: Yes Council Member McNamara: Yes Discussion of Amending Iona City Code Title 4, Chapter 1 titled Business Licenses: Chief Bowcutt reported he was reviewing Title 4, Chapter 1 of the Iona City Code because of some of the issues which have occurred the last few months. He found it does not include verbiage which would allow the suspension of a business license for city code violations. He has reviewed the City of Ammon's which does include a suspension provision and would like to propose it for consideration. After further discussion with Attorney Storer, the Council directed Chief Bowcutt to work with him on suggested amendments. Iona Historical Museum: Council Member McNamara reported she has been in contact with Marilyn Diehl who is the Chairman of the Iona Historical Museum. Mrs. Diehl was under the impression the Council planned on continuing to pay for utility bills out of their allotted budget amount each year. However, Clerk Roberts explained to her that was not the case so she discussed it further with Council Member McNamara. The Council outlined once again, as the minutes captured from July 18, 2017, the Council agreed they would continue to not charge the Museum for water service, and it would remain at $1,000. If there were additional requests past the budgeted amount there are discretionary funds the Council can consider on a case by case basis. Additionally, all other utility payments are the responsibility of the Museum. 4 2017 Constitution Week Proclamation — September 17 through September 23: Mayor Andersen reported the Daughters of the American Revolution (DAR) approached him again this year to sign the proclamation, "Exhibit D". Staff Reports: Chief Bowcutt reported there could be some changes this coming year on how the City pays for the animal shelter through Bonneville County. Mayor Andersen inquired if they have presented a contract for the next fiscal year. Chief Bowcutt reported he has discussed this with them and they are running behind this year. However, they should have it available soon for review and approval. Clerk Roberts reported on the status of the general city elections for 2017. She reported there are two candidates for the Mayor's seat which are Brad Andersen and Daniel Gubler. Additionally, she reported there are four candidates running for two city council seats which are Emily Downey, Dan Gauen, Kathy McNamara, and Michael Thompson. A resident called inquiring if a meet the candidates night would be held. After further discussion, the Council scheduled the meet the candidates night for Tuesday, October 17th at 6:00 p.m. Meeting adjourned at 8:13 p.m. COUNCIL APPROVED: October 17th , 2017 ATTEST: Shara Roberts, City Clerk Brad Andersen, Mayor 5 TAB C City of Iona Finance Worksheet - Banks Page: 1 Period: 09/17 Oct 04, 2017 02:30PM Report Criteria: Print Source Titles Total by Source Print Department Titles Total by Department All Segments Tested for Total Breaks [Report].Account Number ="0110507101175."101221710123175112007511222 511252"," 101242"," 511211" Prior month 2 Prior month 2017-17 Current year Account Number Account Title Actual 01-1050 CHECKING - COMMERCE BANK 10-1175 INVESTMENTS -COMMERCE -GENERA 10-1221 ZIONS - GENERAL INVESTMENTS 10-1231 KEY BANK GENERAL INVESTMENTS 10-1242 WESTMARK CD --GENERAL 51-1200 INVESTMENTS -COMMERCE WATER 51-1211 WESTMARK CD -WATER 51-1222 ZIONS - WATER iNVESTMENTS 51-1252 ZIONS BANK --WATER INVESTMENTS Net Grand Totals: 103,552.31 35.112.92 182,691.66 182,704.07 58,710.12 58,730.51 157, 984.26 157, 986.94 51,759.19 51,759.19 263,035.50 263,053.37 53,871.83 53,871.83 39,167.27 39,181.44 153,004.49 153.058.52 1,063,776.63 995,458.79 12,900.93- 152,720.03 58,749.59 157,989.54 51,759.19 243.078.33 53,871.83 39,194.70 153.109.08 897,571.36 City of Iona Check Register - Iona Check Issue Dates: 9/1/2017 - 9/30/2017 Page: 1 Oct 03, 2017 02:38PM Report Criteria: Report type: Summary GL Period Check Issue Date Check Number Payee Description GL Account Amount 09/17 09/05/2017 15256 09/17 09/06/2017 15257 09/17 09106/2017 15258 09/17 09/06/2017 15259 09/17 09/06/2017 15260 09/17 09/06/2017 15261 09/17 09/06/2017 15262 09/17 09/06/2017 15263 09/17 09/06/2017 15264 09/17 09/06/2017 15265 09/17 09/06/2017 15266 09/17 09/06/2017 15267 09/17 09/06/2017 15268 09/17 09/06/2017 15269 09/17 09/06/2017 15270 09/17 09/06/2017 15271 09/17 09/06/2017 15272 09/17 09/06/2017 15273 09/17 09/07/2017 15274 09/17 09/07/2017 15275 09/17 09/11/2017 15276 09/17 09/11/2017 15277 09/17 09/11/2017 15279 09/17 09/11/2017 15280 09/17 09/11/2017 15281 09/17 09/11/2017 15282 09/17 09/11/2017 15283 09/17 09/11/2017 15284 09/17 09/11/2017 15285 09/17 09/11/2017 15286 09/17 09/11/2017 15287 09/17 09/11/2017 15288 09/17 09/11/2017 15289 09/17 09/19/2017 15299 09/17 09/19/2017 15300 09/17 09/19/2017 15301 09/17 09/19/2017 15302 09/17 09/19/2017 15303 09/17 09/21/2017 15304 09/17 09/21/2017 15305 09/17 09/21/2017 15306 09/17 09/26/2017 15313 09/17 09/26/2017 15314 09/17 09/29/2017 15315 09/17 09/29/2017 15316 09/17 09/29/2017 15317 09/17 09/29/2017 15318 09/17 09/29/2017 15319 09/17 09/29/2017 15320 09/17 09/29/2017 15321 09/17 09/29/2017 15322 09/17 09/29/2017 15323 09/17 09/29/2017 15324 09/17 09/29/2017 15325 USPS ALPINE HEATING & AIR CONDITIONING AMERICAN CONSTRUCTION SUPPLY & REN C-A-L-RANCH STORES CONRAD & BISCHOFF INC. GREASE MONKEY HOLDEN KIDWELL HAHN & CRAPO P LL.C. IDAHO TRAFFIC SAFETY, INC. INTERMOUNTAIN GAS CO. LEISURE TIME, INC. METROQUIP NETBACK,LLC PC PLUS PEAK ALARM POST REGISTER butt Pttl °Vitr nce dr ROCKY MOUNTAIN BOILER, INC. RUSS DONOHOO TETON COMMUNICATIONS, INC. VERIZON WIRELESS WEX BANK q'ot4014,gfo ALLEN ELDRIDGE GREG MCBRIDE BONNEVILLE CO. SOLID WASTE BONNEVILLE COUNTY PROSECUTOR'S OFF DIGLINE, INC. FIRST RESPONDERS IONA FOOD MART PORTER'S OFFICE PRODUCTS PRO RENTALS & SALES, INC PSI ENVIRONMENTAL ROWEN SWEEPING TETON MICROBIOLOGY LAB THE SHERWIN WILLIAMS CO. CHEMSEARCH Void Check ROCKY MTN. POWER WESTERN RECYCLING - CURBSIDE HOME DEPOT CREDIT SERVICES GREG MCBRIDE HARTWELL CORPORATION BLACKFOOT ALLEN ELDRIDGE GREG MCBRIDE CABLE ONE H.D. FOWLER CO. IDAHO TRAFFIC SAFETY, INC. J & N EXTERIORS INC. POST REGISTER RMT TETON MICROBIOLOGY LAB UNITED MAILING DIRECT WEX BANK (Police � 4e'5' 44 J & N EXTERIORS INC. BRENT PURCELL Mailing Water statements Install Ductless Air Cond. to City B Tammsweld & Speed Crete Maintenance-Misc. Unleaded Gas Durango serviced City Attomey Retainer fees Orange flags Natural gas Splash Pad maintenance & int. Waterline locator Office PC's backup Office IT Services Qtrly Security alarm monitoring Candidate Filing Deadline Nibi0 Installed Backflow Preventer & cer Reimburse credit on closed water Well alarm dialer updated (208) Cell phones Public Works -Fuel -4Z--q •" Building inspections Mechanical Inspections County Dump refuse QVy. Retainer Services Utility Locator Police-uniformg c.c uiP• Fuel -Public Works Office supplies Boom Lift Garbage pick up Street Sweeping after chip sealing Water tests Glass scrapers Boiler water treatment program Street Lights A- Att �ower Recycling bin Maintenance supplies Mechanical Inspections Amy -Notary Bond & Stamp Telephones Building inspections Mechanical Inspections Internet Water meter parts No Parking No Student Signs Repair City BIdg.Chimney, mortar, Candidate Filing Deadline Add • Kubota repaired Water tests Preparing Water statements Public Works -Fuel 414 $ . 81 Stanger Bldg. Roof Repair Electrical Inspections 514150 327 81 514820 19,270.00 104710 836.25 514710 391.73 514710 1,065.36 104690 89.97 104160 2,373.00 104710 66.00 514175 65.43 104710 443.37 514710 3,188.60 514150 75.00 514150 37.50 514150 113.79 104155 996.80 514710 1,007.20 011075 117.00 514710 40.00 104960 329.57 104710 698.35 104720 1,732.00 104720 130.00 514710 75.00 104680 300.00 514710 18.81 104690 604.99 104710 11.52 104150 86.67 104710 182.58 514710 199.89 104710 2.960.00 514710 135.00 104710 6.78 514710 204.17 .00 V 104175 8,412.56 514150 19.00 104710 955.09 104720 310.00 104150 50.00 514150 224.20 104720 2,598.00 104720 165.72 514150 59.50 514710 135.99 104710 84.00 104820 6,550.00 104155 39.90 104710 384.19 514710 75.00 514150 221.42 104710 629.25 104820 28.500.00 104720 840.00 M = Manual Check, V = Void Check City of Iona Check Register - Iona Page: 2 Check Issue Dates: 9/1/2017 - 9/30/2017 Oct 03, 2017 02:38PM GL Period Check Issue Date Check Number Payee Description GL Account Amount Grand Totals: 88,433.96 Summary by General Ledger Account Number GL Account Debit Credit Proof Grand Totals: 01-1050 .00 .00 .00 01-1075 117.00 .00 117.00 01-2010 .00 117.00- 117.00- 10-2010 .00 62,470.99- 62,470.99- 10-41-50 364.44 .00 364.44 10-41-55 502.55 .00 502.55 10-41-60 315.00 .00 315.00 10-41-75 1,213.28 .00 1,213.28 10-46.80 300.00 .00 300.00 10-46-90 1,732.88 .00 1,732.88 10-47-10 7,505.06 .00 7,505.06 10-47-20 5,804.16 .00 5,804.16 10-48-20 44,685.00 .00 44,685.00 10-49-60 48.62 .00 48.62 51-2010 .00 25,845.97- 25,845.97- 51-41-50 1,384.60 .00 1,384.60 51-41-60 2,058.00 .00 2,058.00 51-41-75 7,264.71 .00 7,264.71 51-47-10 5,503.66 .00 5,503.66 51-48-20 9,635.00 .00 9,635.00 88,433.96 88,433.96- 00 M = Manual Check, V = Void Check City of Iona Check Register - Iona Page: 3 Check Issue Dates: 9/1/2017 - 9/30/2017 Oct 03, 2017 02:38PM Dated: Mayor: City Council Report Critena: Report type: Summary M = Manual Check, V = Void Check City of lona Reference Date 1.0001 09/07/2017 10-46-90 2.0001 09/01/2017 10-47-70 5.0001 09/08/2017 01-1075 6.0001 09/13/2017 10-46-90 7.0001 09/19/2017 10 -47-90 8.0001 09/13/2017 10-41-50 9.0001 09/13/2017 10-41-50 10.0001 09/19/2017 10-41-50 11.0001 09/20/2017 10-46-90 12.0001 09/26/2017 01-1075 13.0001 09/22/2017 10-46-90 14.0001 09/27/2017 10-41-50 15.0001 09/27/2017 51-41-50 16.0001 09/30/2017 10-41-50 16.0002 09/30/2017 51-41-50 17.0001 09/07/2017 10-41-50 18.0001 09/07/2017 51-41-50 19.0001 09/25/2017 10-46-70 20.0001 09/25/2017 10-46-70 21.0001 09/25/2017 10-46-70 22.0001 09/11/2017 10-41-50 23.000109/11/2017 51-41-50 24.0001 09/05/2017 10-46-70 99001.0001 09/07/2017 01-1050 99002.0001 09/O1/2017 01-1050 99005.0001 09/08/2017 01-1050 99006.0001 09/13/2017 01-1050 99007.0001 09/19/2017 01-1050 99008.0001 09/20/2017 01-1050 99009.0001 09/26/2017 01-1050 99010.0001 09/27/2017 01-1050 99011.0001 09/27/2017 01-1050 Journal Inquiry - Detail Journal: CD CASH DISBURSEMENTS - COMMERCE - GEN - CHECK Period: 09/17 Account Number Account Title POLICE -GENERAL IONA DAY EXPENSE UTILITY CASH CLEARING POLICE -GENERAL MISCELLANEOUS EXPENSE OFFICE EXPENSE & ADMIN. OFFICE EXPENSE & ADMIN. OFFICE EXPENSE & ADMIN. POLICE -GENERAL UTILITY CASH CLEARING POLICE -GENERAL OFFICE EXPENSE & ADMIN. OFFICE EXPENSE & ADMIN. OFFICE EXPENSE & ADMIN. OFFICE EXPENSE & ADMIN. OFFICE EXPENSE & ADMIN. OFFICE EXPENSE & ADMIN. POLICE -TRAINING POLICE -TRAINING POLICE -TRAINING OFFICE EXPENSE & ADMIN. OFFICE EXPENSE & ADMIN. POLICE -TRAINING CHECKING - COMMERCE BANK CHECKING - COMMERCE BANK CHECKING - COMMERCE BANK CHECKING - COMMERCE BANK CHECKING - COMMERCE BANK CHECKING - COMMERCE BANK CHECKING - COMMERCE BANK CHECKING - COMMERCE BANK CHECKING - COMMERCE BANK Description Police -Equipment Iona Day Help gift cards (2) NSFck#995006 acct. 7201 Alvarez, Daniel Police -Vehicle equipment Clerk-P&Z gift cards Clerk-Misc. mtg. supplies Clerk -Council misc. Clerk-Misc. appreciation Police -Mailing NSF Webster, Morgan acct. 887501 PSN p Clerk -Mailing postage & insurance for Offic Clerk -Office supplies Clerk -Banner for Water Iimprovement Tow Clerk-Google email manager Clerk-Google email manager PSN-Monthly Service Fee charge PSN-Monthly Service Fee charge Police -Training rental car Police -Training fuel Police -Training lodging ACH Monthly billing for Direct Deposit-Augu ACH Monthly billing for Direct Deposit-Augu Police -Training lodging TOTAL CHECKS & OTHER CHARGES - COM TOTAL CHECKS & OTHER CHARGES - COM TOTAL CHECKS & OTHER CHARGES - COM TOTAL CHECKS & OTHER CHARGES - COM TOTAL CHECKS & OTHER CHARGES - COM TOTAL CHECKS & OTHER CHARGES - COM TOTAL CHECKS & OTHER CHARGES - COM TOTAL CHECKS & OTHER CHARGES - COM TOTAL CHECKS & OTHER CHARGES - COM Amount 179.13 108.00 30.00 75.24 300.00 19.94 46.80 100.00 7.15 60.00 69.85 41.97 90.00 27.50 27.50 52.70 52.70 784.75 36.53 696.13 20.72 20.72 164.97 179.13- 100.00- 30.00- 75.24- 466.74- 7.15- 60.00- 111.82 90.00 Comment 10/4/2017 Page: 1 City of Iona Reference Journal Inquiry - Detail Joumal: CD CASH DISBURSEMENTS - COMMERCE - GEN - CHECK Period: 09/17 Date Account Number Account Title 99012.0001 09/30/2017 01-1050 CHECKING - COMMERCE BANK 99013.0001 09/30/2017 01-1050 CHECKING - COMMERCE BANK 99015.0001 09/19/2017 01-1050 CHECKING - COMMERCE BANK 99016.0001 09/11/2017 01-1050 CHECKING - COMMERCE BANK 99017.0001 09/05/2017 01-1050 CHECKING - COMMERCE BANK Description TOTAL CHECKS & OTHER CHARGES - COM TOTAL CHECKS & OTHER CHARGES - COM TOTAL CHECKS & OTHER CHARGES - COM TOTAL CHECKS & OTHER CHARGES • COM TOTAL CHECKS & OTHER CHARGES - COM Amount 55.00 1,622.81- 8.00- 41.44- 164.97- 0.00 Comment 10/4/2017 Page: 2 CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING SEPTEMBER 30, 2017 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT TAX REVENUE 10-31-10 PROPERTY TAX REVENUE 1,111.65 269,710.75 254.000.00 ( 15.710.75) 106.2 TOTAL TAX REVENUE 1,111.65 269,710.75 254.000.00 ( 15,710.75) 106.2 LICENSES & PERMITS 10-32-20 BEER & DOG LICENSES .00 627.00 600.00 ( 27.00) 104.5 TOTAL LICENSES & PERMITS .00 627.00 600.00 ( 27.00) 104.5 INTERGOVERNMENTAL REVENUE 10-33-10 STATE LIQUOR TAX 00 76,597.00 75,000.00 ( 1,597.00) 102.1 10-33-20 STATE REVENUE SHARING 00 102,756.60 80.000.00 ( 22.756.60) 128.5 10-33-30 STATE HIGHWAY USERS .00 95,562.96 70,000.00 ( 25,562.96) 136.5 10-33-40 POLICE REVENUE 360.00 9,471.59 5.000.00 ( 4,471.59) 189.4 10-33-50 POLICE GRANTS 1,181.00 3,176.00 .00 ( 3.176.00) .0 10-33-80 GRANTS .00 2,000.00 17,000.00 15.000.00 11.8 TOTAL INTERGOVERNMENTAL REVENUE CHARGES FOR SERVICE 1,541.00 289,564.15 247,000.00 ( 42,564.15) 117.2 10.34-10 BUILDING INSPECTION FEES 1.490.80 60,484.37 75,000.00 14,515.63 80.7 10-34-20 CABLE TV FRANCHISE .00 4,722.43 5,000.00 277.57 94.5 10-34-30 NATURAL GAS FRANCHISE 00 11,754.39 13.000.00 1,245.61 90.4 10-34-40 POWER FRANCHISE 00 23,715.45 25,000.00 1,284.55 94.9 TOTAL CHARGES FOR SERVICE 1,490.80 100,676.64 118,000.00 17,323.36 85.3 OTHER REVENUE 10-36-10 INTEREST 37.64 910.76 500.00 ( 410.76) 182.2 10-36-50 BUILDING RENT 120.00 11,106.25 12,000.00 893.75 92.6 10-36-60 MYAC REVENUE 00 2,390.00 400.00 ( 1,990.00) 597.5 10-36-70 IONA DAY REVENUE .00 3,103.98 1,500.00 ( 1,603.98) 206.9 10-36-90 MISCELLANEOUS REVENUE 60.00 9,476.13 7,000.00 ( 2,476.13) 135.4 TOTAL OTHER REVENUE 217.64 26.987.12 21.400.00 ( 5,587.12) 126.1 FOR ADMINISTRATION USE ONLY 100 % OF THE FISCAL YEAR HAS ELAPSED 10/04/2017 01:32PM PAGE: 1 RECREATION REVENUE 10-37-50 RECREATION FEES 10-37-60 SHELTER RENTAL TOTAL RECREATION REVENUE EQUIPMENT REPLACEMENT CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING SEPTEMBER 30.2017 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEARNED PCNT .00 77,317.00 73,000.00 ( 4,317.00) 105.9 35.00 1,190.00 1,000.00 ( 190.00) 119.0 35.00 78,507.00 74,000.00 ( 4,507.00) 106.1 10-38-20 EQUIPMENT REPLACEMENT .00 .00 45,000.00 45,000.00 .0 TOTAL EQUIPMENT REPLACEMENT .00 .00 45,000.00 45,000.00 .0 RESERVES 10-39-50 RESERVES .00 .00 127,700.00 127,700.00 .0 TOTAL RESERVES .00 .00 127,700.00 127,700.00 .0 TOTAL FUND REVENUE 4,396.09 766,072.66 887,700.00 121.627.34 86.3 FOR ADMINISTRATION USE ONLY 100 % OF THE FISCAL YEAR HAS ELAPSED 10/04/2017 01:32PM PAGE: 2 CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING SEPTEMBER 30, 2017 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT ADMINISTRATION 10-41-10 PAYROLL 12,219.72 122.981.01 120,000.00 ( 2,981.01) 102.5 10-41-20 PAYROLL TAXES 1,294.03 12,379.06 13,000.00 620.94 95.2 10-41-30 RETIREMENT 1.198.00 13,645.42 14,000.00 354.58 97.5 10-41-40 HEALTH INSURANCE 2,861.48 27,558.62 35,000.00 7,441.38 78.7 10-41-50 OFFICE EXPENSE & ADMIN. 674.07 12,387.12 16,000.00 3,612.88 77.4 10-41-55 PUBLISHING 502.55 1,414.12 1,500.00 85.88 94.3 10-41-60 LEGAL & AUDIT FEES 315.00 15,986.52 30,000.00 14,013.48 53.3 10-41-63 ENGINEERING .00 897.50 14,000.00 13,102.50 6.4 10-41-65 TRAINING/TRAVEL .00 4,192.46 4,500.00 307.54 93.2 10-41-70 INSURANCE LIABILITY .00 6,791.50 15,000.00 8,208.50 45.3 10-41-75 ELECTRICITY - NATURAL GAS 1,213.28 16,310.68 17,000.00 689.32 96.0 TOTAL ADMINISTRATION POLICE DEPARTMENT 20.278.13 234,544.01 280.000.00 45,455.99 83.8 10-46-10 POLICE -PAYROLL 8,257.50 104.585.44 97,000.00 ( 7,585.44) 107.8 10-46-20 PAYROLL TAXES 761.85 9,654.48 11,000.00 1,345.52 87.8 10-46-30 POLICE -RETIREMENT 1,062.82 13,305.28 13,000.00 ( 305.28) 102.4 10-46-40 POLICE -HEALTH INSURANCE 1,708.51 19,159.52 26,000.00 6,840.48 73.7 10-46-60 POLICE -VEHICLE .00 8,073.59 8,000.00 ( 73.59) 100.9 10-46-70 POLICE -TRAINING 1,682.38 5,613.91 5,000.00 ( 613.91) 112.3 10-46-80 POLICE-COUNTY/DISPATCH 300.00 32,138.94 40,000.00 7,861.06 80.4 10-46-90 POLICE -GENERAL 2,097.24 18,031.01 19,000.00 968.99 94.9 TOTAL POLICE DEPARTMENT MISCELLANEOUS DEPT 15,870.30 210,562.17 219,000.00 8.437.83 96.2 10-47-10 MAINTENANCE 7,505.06 68,311.41 110,000.00 41,688.59 62.1 10-47-20 BUILDING INSPECTIONS 5.804.16 48,557.40 35,000.00 ( 13,557.40) 138.7 10-47-30 EQUIPMENT EXPENSE 00 1,956.70 6,000.00 4,043.30 32.6 10-47-50 CIVIL DEFENSE .00 895.00 900.00 5.00 99.4 10-47-60 MYAC EXPENSE .00 3,171.36 1,500.00 ( 1,671.36) 211.4 10-47-70 IONA DAY EXPENSE 108.00 8,448.71 5,300.00 ( 3,148.71) 159.4 10-47-80 MUSEUM EXPENSE .00 1,229.70 1,000.00 ( 229.70) 123.0 10-47-90 MISCELLANEOUS EXPENSE 300.00 10,734.35 10,000.00 ( 734.35) 107.3 TOTAL MISCELLANEOUS DEPT CAPITAL OUTLAY 10-48-10 LIBRARY 10-48-20 CAPITAL IMPROVEMENTS TOTAL CAPITAL OUTLAY 13,717.22 143,304.63 169,700.00 26,395.37 84.5 .00 .00 2,000.00 2,000.00 .0 44,685.00 114,055.58 98,000.00 ( 16,055.58) 116.4 44,685.00 114,055.58 100,000.00 ( 14,055.58) 114.1 FOR ADMINISTRATION USE ONLY 100 % OF THE FISCAL YEAR HAS ELAPSED 10/04/2017 01:32PM PAGE: 3 CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING SEPTEMBER 30, 2017 GENERAL FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT RECREATION EXPENDITURES 10-49-10 RECREATION LABOR .00 37.565.14 40,000.00 2.434.86 93.9 10-49-20 PAYROLL TAXES .00 4,365.13 4,000.00 ( 365.13) 109.1 10-49-50 RECREATION SUPPLIES .00 12,574.52 16,000.00 3,425.48 78.6 10-49-60 RECREATION EQUIPMENT 48.62 11,992.21 12,000.00 7.79 99.9 10-49-70 RECREATION MAINTENANCE .00 241.82 2,000.00 1,758.18 12.1 TOTAL RECREATION EXPENDITURES 48.62 66,738.82 74,000.00 7,261.18 90.2 EQUIPMENT REPLACEMENT 10-50-10 EQUIPMENT REPLACEMENT .00 12,194.43 45,000.00 32,805.57 27.1 TOTAL EQUIPMENT REPLACEMENT 00 12,194.43 45,000.00 32,805.57 27.1 TOTAL FUND EXPENDITURES 94,599.27 781,399.64 887,700.00 106,300.36 88.0 NET REVENUE OVER EXPENDITURES ( 90,203.18) ( 15,326.98) .00 15,326.98 .0 FOR ADMINISTRATION USE ONLY 100 % OF THE FISCAL YEAR HAS ELAPSED 10/04/2017 01:32PM PAGE: 4 OPERATING REVENUE 51-31-10 COLLECTIONS 51-31-30 HOOK UP FEES TOTAL OPERATING REVENUE WATER CITY OF IONA REVENUES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING SEPTEMBER 30, 2017 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT 25,170.66 297,965.69 288.000.00 ( 9,965.69) 103.5 .00 87,000.00 102,000.00 15,000.00 85.3 25,170.66 384,965.69 390,000.00 5,034.31 98.7 51-35-10 WATER SYSTEM .00 .00 339,700.00 339,700.00 .0 TOTAL WATER .00 .00 339,700.00 339,700.00 .0 MISCELANEOUS REVENUE 51-36-10 INTEREST 51-36-20 MISC REVENUE TOTAL MISCELANEOUS REVENUE EQUIPMENT REPLACEMENT 88.78 1,643.84 1.000.00 ( 643.84) 164.4 00 .00 500.00 500.00 .0 88.78 1,643.84 1,500.00 ( 143.84) 109.6 51-38-60 EQUIPMENT RESERVES .00 .00 50,000.00 50,000.00 .0 TOTAL EQUIPMENT REPLACEMENT .00 .00 50,000.00 50,000.00 .0 RESERVES 51-39-50 RESERVES .00 .00 50,000.00 50,000.00 .0 TOTAL RESERVES .00 .00 50,000.00 50,000.00 .0 TOTAL FUND REVENUE 25,259.44 386.609.53 831,200.00 444,590.47 46.5 FOR ADMINISTRATION USE ONLY 100 % OF THE FISCAL YEAR HAS ELAPSED 10/04/2017 01:32PM PAGE: 5 CITY OF IONA EXPENDITURES WITH COMPARISON TO BUDGET FOR THE 12 MONTHS ENDING SEPTEMBER 30. 2017 WATER FUND PERIOD ACTUAL YTD ACTUAL BUDGET UNEXPENDED PCNT ADMINISTRATION 51-41-10 PAYROLL 4,679.10 79,637.52 90,000.00 10.362.48 88.5 51-41-20 PAYROLL TAXES 477.23 8,051.21 10,000.00 1,948.79 60.5 51-41-30 RETIREMENT 565.82 9,631.53 11.000.00 1,368.47 87.6 51-41-40 HEALTH INSURANCE 1,540.81 21,724.96 19,000.00 ( 2,724.96) 114.3 51-41-50 OFFICE EXPENSE & ADMIN. 1,575.52 17,888.82 15,000.00 ( 2,888.82) 119.3 51-41-60 LEGAL 2,058.00 25,694.48 30,000.00 4,305.52 85.7 51-41-70 INSURANCE LIABILITY .00 6,791.50 6,200.00 ( 591.50) 109.5 51-41-75 ELECTRICITY & NATURAL GAS 7,264.71 45,766.51 50,000.00 4,233.49 91.5 51-41-80 ENGINEERING .00 21,557.00 26,000.00 4,443.00 82.9 TOTAL ADMINISTRATION MISCELLANEOUS 18,161.19 236,743.53 257,200.00 20,456.47 92.1 51-47-10 MAINTENANCE & REPAIRS 5.503.66 45.651.26 50.000.00 4,348.74 91.3 51-47-20 MISCELLANEOUS EXPENSE 00 3,152.50 1,000.00 ( 2,152.50) 315.3 51-47-30 EQUIPMENT EXPENSE 00 414.99 1,000.00 585.01 41.5 51-47-35 EQUIPMENT RENT 00 .00 2,000.00 2,000.00 .0 TOTAL MISCELLANEOUS 5,503.66 49,218.75 54,000.00 4,781.25 91.2 CAPITAL IMPROVEMENTS 51-48-20 CAPITAL IMPROVEMENTS 9,635.00 14,304.43 480,000.00 465,695.57 3.0 TOTAL CAPITAL IMPROVEMENTS 9,635.00 14,304.43 480,000.00 465,695.57 3.0 EQUIPMENT REPLACEMENT 51-50-10 EQUIPMENT REPLACEMENT .00 .00 40,000.00 40,000.00 .0 TOTAL EQUIPMENT REPLACEMENT 00 .00 40,000.00 40,000.00 .0 TOTAL FUND EXPENDITURES 33,299.85 300,266.71 831,200.00 530,933.29 36.1 NET REVENUE OVER EXPENDITURES ( 8,040.41) 86,342.82 .00 ( 86,342.82) .0 FOR ADMINISTRATION USE ONLY 100 % OF THE FISCAL YEAR HAS ELAPSED 10/04/2017 01:32PM PAGE: 6 TAB D ORDINANCE NO. AN ORDINANCE OF THE CITY OF IONA, IDAHO; RELATING TO REGULATION OF CROSS CONNECTIONS TO THE MUNICIPAL WATER SYSTEM; REPEALING AND RE- ENACTING SECTIONS 8-2-2 AND 8-2-42 THROUGH 8-2-45 OF THE IONA CITY CODE PERTAINING TO THE INSTALLATION OF BACKFLOW PREVENTION ASSEMBLIES AND INSPECTION OF SUCH SYSTEMS AND ISSUANCE OF PERMITS THEREFORE; PRESERVING PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF IONA, IDAHO THAT: Section 1. Repeal and Re -Enactment of Section 8-2-2 of the Iona City Code: Section 8-2-2 is hereby repealed and re-enacted as follows: 8-2-2: DEFINITIONS: Certain terms used in this Chapter shall have the meanings ascribed below: APARTMENT: A structure in which two or more separate residential units are constructed and designed so the occupants share common dining or restroom facilities and for which the occupants pay rent or other consideration. BACKFLOW: The flow other than in the intended direction of flow, of any non -potable waters, foreign liquids, gases or harmful or offensive substances into the City water supply as a result of reduced, negative or reversedback pressure. BACKFLOW A device which, when properly installed between the City PREVENTION water supply system and the terminus of the customer's DCVICC:ASSEMBLY water line or point of ultimate use, will prevent Backflow.An apparatus which prevents backflow CALCULATED GROSS The Gross System Value calculated by the City on any SYSTEM VALUE: Connection Fee Calculation Date in accordance with the methodology set forth in section 8-2-14 of this Code. CCI-ENR: CITY: CONNECTION FEE CALCULATION DATE: CROSS -CONNECTION: CURB STOP: CUSTOMER LINE: EQUIVALENT DOMESTIC USER: EQUITY BUY -IN METHODOLOGY EXISTING CUSTOMER: GROSS SYSTEM VALUE: INITIAL GROSS SYSTEM VALUE: The Construction Cost Index as published from time to time by the Engineering News -Record for U. S. Cities. (See http://www.enr.com) The City of Iona, Idaho. The date of any calculation of the Water System Connection Fee undertaken pursuant to section 8-2-14 of this Code. Any physical arrangement whereby the City water system is connected or potentially connected with any other water supply system, sewer, drain, conduit, pool, storage reservoir or any other source of water supply which contains or may contain contaminated water chemicals, sewage or other waste or liquids which may be harmful to human health or which may deleteriously affect the City water supply. The service line valve owned by the City and located near the customer's property line. The pipe, valves and fittings leading from the curb stop into the premises served, including the water box assembly and water meter (if any) attached thereto. A hypothetical customer whose needs for water service can be reasonably and prudently served by a standard one (1.0") diameter residential water service line. The methodology for calculating Water Service Connection Fees as set forth in this chapter. Any customer of the City whose water service line was connected to the City water system prior to the effective date of the Ordinance adopting the Equity Buy -in Methodology for calculating Water System Connection Fees. The total Net Cost to replace all System Assets including all design, engineering and construction costs associated therewith, together with all System Cash Revenues held in the City Water System Capital Improvement Fund, all as determined according to generally accepted engineering and accounting practices. The Gross System Value for the end of the year 2016 as determined by Schiess & Associates, PC, Engineering Company as set forth in that certain Engineering Report dated July 24, 2017, a copy which shall be filed with the City Clerk immediately following the publication of the Ordinance adopting this chapter and which shall be there maintained for inspection by the public. NET COST: NET SYSTEM VALUE: NEW CUSTOMER: OPEN HOSE: OUTSTANDING SYSTEM INDEBTEDNESS: SERVICE LINE: SINGLE FAMILY DWELLING: SYSTEM ASSETS: SYSTEM CAPACITY: An amount equal to the cost of any System Improvement less any portion of such amount paid by a state or federal grant or with in -kind donations or grants in aid of development by a private person or entity. Such amount shall include amounts expended for the design, construction or construction management services necessary to install or otherwise put such improvements into an operable condition. The Gross System Value at the time of any Connection Fee Calculation Date minus any Outstanding System Indebtedness, Unfunded Depreciation and state or federal grants, all determined as of the most recent Connection Fee Calculation Date. Any customer who connects his or her water service to a City -owned water main line after the effective date of the Ordinance adopting the Equity Buy -in Methodology. The use of water through a hose without a nozzle or other pressure --limiting device or assembly. The aggregate unpaid principle balance of any indebtedness attributable to any bond or loan secured, obtained or issued by the City for the purpose of constructing System Assets, or for the purpose of enlarging, expanding or rehabilitating such improvements as such indebtedness exists at the time of any Connection Fee Calculation Date. The water pipe, valves and fittings laid from publicly owned main line to the water meter box (if present), or the curb stop, in the absence of a water meter box. All structures, except hotels, motels, rooming houses rooming houses and apartments, which contain sleeping, restroom, cooking and dining facilities. All main lines, distribution lines, pumps, water tanks, motor vehicles, back hoes, equipment, inventory, supplies, water rights and permits and real or personal property of every kind or nature constructed or purchased at City expense and used for the purpose of providing culinary water service to the residents of the City or for the purpose of providing for the operation and maintenance of such property. The total number of Equivalent Domestic Users which may be reasonably and prudently served by the Water System at the time of a Connection Fee Calculation Date, as calculated and determined in accordance with sound and generally accepted engineering principles. SYSTEM CASH RESERVES: SYSTEM ENHANCEMENTS: UNFUNDED DEPRECIATION: WATER MAIN: WATER METER: WATER SYSTEM: WATER SYSTEM BOND: WATER SYSTEM LOAN: All cash revenues and reserves held or controlled by the City in the City Water System Capital Improvement Fund. Any improvement, expansion, increase in capacity or enhancement of any System Asset installed, purchased or otherwise acquired solely for the use of the Water System after the date of the Engineers Report by Schiess & Associates, PC, Engineering Company filed with the City Clerk, pursuant to this Chapter. An amount of depreciation for depreciable System Assets, calculated in accordance with generally accepted accounting principles determined as of any Connection Fee Calculation Date for which no reserve has been set aside or otherwise maintained in the Water Line Capital Improvement Fund for the purpose of repairing, replacing or rehabilitating existing System Assets. Water pipe laid in a street, road, alley or easement within the City or within an easement controlled by the City or pursuant to a permit or license issued to the City. A water meter and its enclosure, valve and related appurtenances. The Water System owned and operated by the City. Any bonded indebtedness issued for the purpose of constructing, enlarging, rehabilitating or expanding the capacity of the Water System. Any loan, the proceeds of which were used to construct, enlarge or increase Water System capacity or to rehabilitate any portion of the Water System. Section 2. Repeal and Re -Enactment of Sections 8-2-42 through 8-2-45 of the Iona City Code: Sections 8-2-42 through 8-2-45 are hereby repealed and re-enacted as follows: 8-2-42: UNLAWFUL CONTAMINATION OR CROSS -CONNECTIONS: It shall be unlawful for the owner, tenant, occupant, lessee or other user of City water my person to introduce or permit the introduction of pollution or contamination of any kind into the City water supply system. It shall be unlawful for any person to install or maintain any cross - connection within the City. 8-2-43: BACK -FLOW PREVENTION ASSEMBLIES ."_."_'_^ IDrV 116E : (A) It shall be unlawful to install, relocate or remove a back -flow prevention assembly without a permit, as provided in this section. (B) Back -flow prevention assemblies shall be installed by the property owner, tenant, occupant, lessees or other user of Cry-wthe Water System where the nature and extent of the activities conducted or the materials used or stored on the premises would present a hazard to the public health or be deleterious to the quality of the City water supply should a cross -connection occur. Even though cross -connections may not exist at the time, back -flow prevention assemblies shall be installed under circumstances including, but not limited to the following: (1)1Premises having an auxiliary water supply; L2.) Premises having internal cross -connections that are not correctable, or having intricate plumbing arrangements which make it impracticable to ascertain whether or not cross -connections exist; L3.) Premises where entry is restricted so that inspections for cross -connections cannot reasonably be made; k4.) Premises having a history of cross -connections being established or re-established; k5.) Premises on which any substance is handled under pressure so as to permit the entry of any harmful substance into the public wWater su-pprySystem; k6.) Premises having pumps or devices which may affect the pressure within any line connected to the City-wWater supplySystem. (C) All back -flow prevention assemblies shall be installed in accordance with the Uniform Plumbing Code, as is presently adopted by the City or as may be amended hereafter. All such assemblies shall also be installed in accordance with the Cross - Connection Control Manual, 7th Edition, published in April 2012 by the Pacific Northwest Section, American Water Works Association Cross -Connection Control Committee. The City Clerk shall at all times maintain a copy of such Cross - Connection Control Manual in the offices of the City Clerk. Such copy shall contain a certification issued by the City Clerk that such copy has been filed for use and examination by the public. (D) All back -flow prevention assemblies or devices shall be installed by the property owner at Prisfhorhis expense and shall be of a type commensurate with the degree of hazard which exists or which could exist. An air -gap separation or a reduced pressure principle back -flow prevention assembly shall be installed where the public water supply may be contaminated with sewage, industrial waste of a toxic nature, or other contaminant which could cause a public health hazard. In all other cases where the contaminant may be objectionable but not hazardous to the public health, a double check valve assembly, an air -gap separation, or a reduced pressure principle back=flow prevention assembly shall be installed. All back=flow prevention assemblies or devices and the installation thereof shall be approved by the City Plumbing Inspector or his agent or designated representative. (E) All back=flow prevention assemblies and devices installed pursuant to this Chapter, except atmospheric vacuum breakers, shall be inspected and tested by a certified tester at the time of initial installation, relocation or substantial repair and annually thereafter, or more often if deemed necessary by the City. Whenever a back=flow prevention assembly is found to be defective, it shall be repaired, overhauled, or replaced and re -tested at the owner's expense. The City Plumbing Inspector or his agent shall retain adequate records of all inspections, tests,_ or repairs made pursuant to this Chapter. (F) If a back=flow prevention assembly is found to be necessary, the owner, tenant, occupant, or lessee of the property shall apply in writing to the City Clerk forobtain an installation permit from the City, specifying the type and location of such assembly or assemblies. It shall be unlawful to install, relocate or remove a back= flow prevention assembly or device without a permit. 8-2-44: INSPECTION OF NEW CONSTRUCTION: No building, improvement" or other structure shall be connected to the City water supply unless such structure has been inspected by the City Plumbing Inspector or his agent and found free of any cross - connections or other conditions for which a backflow prevention deviceassembly is required by this Chapter. 8-2-45: INSPECTION OF EXISTING BUILDINGS, STRUCTURES OR IMPROVEMENTS AND TERMINATION OF WATER SUPPLY: Inspections by the City or its authorized agent may be made of any existing buildings, structures, or improvements of any nature receiving water from the City supply. The City Plumbing Inspector or his agent shall make an inspection of inspect any building, improvement, or structure of any nature receiving water from the City water supply if there is cause to believe that a cross - connection exists or that a backflow prevention deviceassembly should be installed pursuant to this Chapter. Whenever a cross --connection or other source of contamination to the water supply is found, or it is determined that a backflow prevention deviceassembly is necessary, the City shall ceaseimmediately terminate delivery of water to such premises and the water supply shall not be resumed until the cross -connection or source of contamination is eliminated or aan appropriate backflow prevention deviceassembly has been installed in accordance with this Chapter. Section 3. Methodology. Text that is underlined in the preceding sections means new text added to the former Ordinance or City Code Section, and text that is stricken through means text that is being deleted from the former Ordinance or Code Section. Text that is moved from one location in the former Ordinance or Code Section to another location is similarly shown as underlined text. Section 4. Severability. The sections and subsections of this Ordinance are severable. The invalidity of any section or subsection shall not affect the validity of the remaining sections or subsections. Section 5. Preservation of Prior Ordinance. The sections of the City Code repealed or amended by this Ordinance shall be preserved to the extent necessary to allow the arrest, prosecution and punishment of any person who violates such provisions prior to the effective date hereof. Section 6. Effective Date. This Ordinance shall become effective upon its passage, execution and publication in the manner provided by law. PASSED BY THE COUNCIL AND APPROVED BY THE MAYOR this day of , 2017. Brad Andersen Mayor ATTEST: Shara Roberts City Clerk (SEAL) STATE OF IDAHO ) )ss. County of Bonneville ) I, SHARA ROBERTS, CITY CLERK OF THE CITY OF IONA, IDAHO, DO HEREBY CERTIFY: That the above and foregoing is a full, true and correct copy of the Ordinance entitled, "AN ORDINANCE OF THE CITY OF IONA, IDAHO; RELATING TO REGULATION OF CROSS CONNECTIONS TO THE MUNICIPAL WATER SYSTEM; REPEALING AND RE-ENACTING SECTIONS 8-2-2 AND 8-2-42 THROUGH 8-2-45 OF THE IONA CITY CODE PERTAINING TO THE INSTALLATION OF BACKFLOW PREVENTION ASSEMBLIES AND INSPECTION OF SUCH SYSTEMS AND ISSUANCE OF PERMITS THEREFORE; PRESERVING PRIOR ORDINANCE; PROVIDING FOR METHODOLOGY; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE." Shara Roberts City Clerk G:\WPDATA\DWS\2708 City of Iona\Public Works \ Ordinances \Cross Connection Fee \Cross Connection.ORD.cmp.4v1.wpd:sm TAB E STAY TUNED! TAB F Holden Kidwell Hahn & Crapo P.L.L.C. LAW OFFICES September 20, 2017 Mayor Brad Andersen City of Iona P.O. Box 400 Iona, ID 83427 Re: 2017/2018 Legal Services Retainer Dear Mayor Andersen: 1000 Riverwalk Drive, Suite 200 PO Box 50130 Idaho Falls, Idaho 83405 Tel: (208) 523-0620 Fax: (208) 523-9518 www.holdenlegal.com 8-MAIL: dstorer@holdenlegatcoin Enclosed please find a Retainer Agreement for the 2017/2018 fiscal year. We propose to provide legal services to the City at an hourly rate of $220 per hour for senior partners, $210 for mid- level partners and $175 per hour for associates. As we have discussed, Mr. Storer intends to retire at the end of 2017, at which time we propose that Mr. Andrew Rawlings be appointed as the new City Attorney. Mr. Andrews is currently an associate at the firm and his rate will be $175 per hour. Mr. Storer will continue to attend regular City Council meetings on a once a month basis without charge to the City. Any other special meetings or work sessions will be billed at the above rate of $220 per hour. Mr. Andrews may also periodically attend City Council meetings between now and the end of the year in order to become familiar with the general administration of the City. He likewise will not bill for such services. However, once he is appointed as City Attorney, he will bill for legal services rendered at all regular and special City Council meetings, albeit at the lower rate. Robert Harris will continue to provide legal services related to water law. As always, it is indeed a pleasure to work with you and the Council in providing your legal services. I have a great affinity for the City of Iona and deem it a great pleasure and honor to serve you. Vetruly yours, Dale W. Storer Attorney at Law Enclosure GAWMATMOWSt2708 City of IonAlletainer Mayor Andersen 2017.08.I7.Itr.wpdsm Established in 1896 Holden Kidwell Hahn & Crapo P.L.L.C. LAW OFFICES September 20, 2017 Mayor Brad Andersen City of Iona PO Box 400 Iona, Idaho 83427 Re: Legal Services Proposal - Fiscal Year 2017/2018 Dear Mayor Andersen: 1000 Riverwalk Drive, Suite 200 PO Box 50130 Idaho Falls, Idaho 83405 Tel:(208) 523-0620 Fax:(208) 523-9518 www.holdenlegal.com E-MAIL: dstorereholdenlexal.com Pursuant to your request, we are pleased to submit the following proposal for legal services to the City of Iona. We propose to provide legal services to the City of Iona on an hourly basis, as outlined below, for the 2017/2018 fiscal year. The retainer includes the following services as specifically requested by the Mayor and/or City Council:l 1. Advice and consultation for all routine legal matters involving the administration of the City. 2. Preparation and review of contracts, deeds, leases or other routine items pertaining to the administration of the City. 3. Preparation of ordinances, City Code revisions (excluding codification services) and resolutions. 4. Consultation and advice regarding conduct of general, referendum, initiative and recall elections. 5. Advice and consultation regarding planning and zoning issues. 1Please note that legal services will be provided on an "as requested" basis. The firm does not assume responsibility for general or supervisory administration of the City legal affairs. Established in 1896 Mayor Brad Andersen September 20, 2017 Page 2 of 3 6. Consultation and advice regarding public employee human resource issues. 7. Consultation and advice regarding budgeting process, including review and preparation of annual appropriation ordinance. 8. Review and preparation of bid specifications and contracts for public works. 9. Representation at Planning and Zoning Commission hearings. 10 Advice and consultation regarding water law issues. Prosecution of criminal actions for violations of City ordinances or state criminal laws is not included within the retainer. Legal services for the above services will be provided by Dale W. Storer at a rate of $220 per hour, by Robert Harris at a rate of $210 per hours and by Mr. Andrew Rawlings at a rate of $175 per hour. Law clerks or paralegals will be billed at a rate of $110 per hour. Litigation or other legal services not specifically covered by the retainer set forth above or otherwise provided by other members or employees of the firm, will be provided upon request at regular firm hourly rates. Legal services will be provided in accordance with the enclosed Billing Policy. This retainer may be terminated at any time by either party upon delivery of a written notice of termination, not less than thirty (30) days prior to the termination date. Delivery shall be complete upon deposit of such notice in the United States mail, postage pre -paid, and addressed to the receiving parry's last known address. As you may be aware, our firm represents many municipalities and counties within the area. We have a substantial library of municipal law treatises, encyclopedias and ordinance law books, including a computerized legal research service which allows us access to all reported court decisions throughout the nation in both state and federal courts and administrative agencies. We also utilize computerized word processing equipment which enables us to generate and revise legal documents virtually instantaneously. We also have high speed intend and scanning services available which allow instantaneous transmission of legal documents to your offices or other selected destinations. Except as noted in the Billing Policy, all of these services will be available to you as part of the retainer, without additional charge. Mayor Brad Andersen September 20, 2017 Page 3 of 3 We certainly appreciate your consideration of our firm and we look forward to working with you. If the foregoing is acceptable, please acknowledge your acceptance of this proposal by signing in the space set forth below. Zuly yours, sZPjc) Dale W. Storer Attorney at Law ACCEPTED this day of October, 2017. CITY OF IONA By: Brad Andersen Mayor Enclosure - Billing Policy G:\WPDATA\DWS@708 City of [ona\Re[ainer\RETAEVER17.wpd:sm HOLDEN, KIDWELL, HAHN & CRAPO, P.L.L.C. SERVICE AND BILLING POLICY Holden, Kidwell, Hahn & Crapo, P.L.L.C. is pleased to have you as a client of our firm. Throughout our relationship, you should have a clear understanding of the legal services we will provide. Any questions that you have will be dealt with promptly. THE ATTORNEY -CLIENT RELATIONSHIP The person or entity we represent is the person or entity identified in our engagement letter sent with this Service and Billing Policy and does not include any affiliates of that person or entity (i.e., if you are a corporation or partnership, any parents, subsidiaries, employees, officers, directors, shareholders, or partners of the corporation or partnership or commonly owned corporations or partnerships; or, if you are a made association, any members of the trade association). In proceeding with this relationship, you agree that our relationship is with you and not your affiliates, and that, as a result, it will not be necessary for us to obtain the consent of you or your affiliates in order for us to represent another client in a matter adverse to your affiliates. Furthermore, to the extent that our representation of others adverse to any of your affiliates may be deemed to require your consent, you give that consent. The attorney -client relationship will end at our completion of the services you have retained us to perform. If you later retain us to perform additional services, our attorney -client relationship will be reactivated. SCOPE OF RETAINER AND DUTIES The scope and nature of the legal services we undertake to provide to you is set forth in the engagement letter sent with this Service and Billing Policy. We do not undertake the duty to provide legal services for any matter or undertaking except as may be expressly set forth in such engagement letter and as may be reasonably inferred as part of the representation described in that letter. In particular, if as a result of our representation in such matter we are successful in obtaining ajudgment against any third party, we assume no responsibility for renewing the judgment or judgment lien arising therefrom, unless such duty is expressly set forth in the engagement letter or in a subsequent letter signed by one of the members. We also do not provide accounting or financial advice, securities law advice or advice regarding any matter involving business judgment or discretion. We will provide advice concerning the legal implications of any particular matter, however, we assume no responsibility for the consequences that may flow from your reliance upon such legal advice, except to the extent such advice is inconsistent with federal, state or local law, or regulations issued pursuant thereto, or well -established common law. Subject to the foregoing provisions, we assume no responsibility for business or financial decisions made by you even though such decisions may in part be premised upon or related to legal advice provided by members of the firm. WHO WILL PROVIDE THE LEGAL SERVICES At the beginning of our relationship, where appropriate, we will establish a team of firm members to serve you. This Client Service Team will be led by one attorney who will serve as your Client Service Manager and primary contact at the firm. This attorney should be someone in whom you have confidence and with whom you enjoy working. Client Service Teams include attorneys and legal assistants in different practice areas who, under the supervision of the Client Service Manager, may perform work on behalf of the client. Delegation of assignments may be made in order to take advantage of special expertise, cost -efficiency, or time deadlines. When applicable, we will advise you of the names of the attorneys and legal assistants who serve on your Client Service Team. You are free to request a change in the Client Service Manager or Client Service Team members at any time. If a change in the Client Service Manager is desired, please contact any other member of the Firm. For questions concerning team members, please contact your Client Service Manager. COMMUNICATION AND RESPONSIVENESS We strive to return all telephone calls on the day received or by the following morning, if received late in the day. You will have 24/7 access to each attorney's voice mail system on which confidential, detailed messages may be left. Where appropriate, you will be provided with the home telephone numbers and the cell telephone numbers of the attorneys working with you. The names of secretaries and staff supporting your Client Service Team can also be provided. Communication by e-mail is now common, although it may be subject to unauthorized interception (as are cell phone communications). We may also use the internet to transmit digital dictation or other data concerning your case in an unencrypted form. Although we believe the risk of a loss of confidentiality of such information is small, nevertheless there is a slight possibility that a hacker or other unauthorized person may intercept such transmission. We will consider ourselves authorized to transmit such data over the intemet and to communicate with you by e-mail or cell phone, where available, unless you instruct us otherwise in writing. EXPRESSIONS OF PROFESSIONAL JUDGMENT Any statements on our part concerning the outcome of your legal matters are expressions of our professional judgment, but are not guarantees. Our opinions are necessarily limited by our knowledge of the facts and are based on the applicable state or federal law at the time they are given. HOW FEES WILL BE SET Attorneys may be compensated under a variety of fee arrangements, including hourly, fixed rate or contingency fee arrangements. In determining the amount to be charged for the legal services we provide, we generally consider the following factors unless described otherwise in the engagement letter sent with this Memorandum: The time and effort required, the novelty and complexity of the issues presented, and the skill required to perform the legal services promptly, including but not limited to the following factors: 1. The fees customarily charged in the community for similar services and the value of the services to you; 2. The amount of money or value or property involved and the results obtained; 3. The time constraints imposed by you, as our client, and other circumstances, such as an emergency closing, the need for injunctive relief from court or substantial disruption of other office business; 4. The nature and longevity of our professional relationship with you; 5. The experience, reputation, and expertise of the lawyers performing the services; 6. The extent to which office procedures and systems have produced a high -quality product efficiently. Occasionally clients will request the performance of legal services on a rush basis. In that event, we reserve the right to add a reasonable premium to the hourly rates or other methods for charging for legal services for all work performed to satisfy the rush request. We may also bill you for any overtime compensation paid to the members of our staff which is necessitated by the rush request. We will not bill you for the "rush" premium nor charge you for such additional overtime costs if the rush is precipitated by our own failure to perform legal services on a timely basis once the matter was given to us with adequate time to perform the work in the ordinary course of business. The determination of whether the rush was a necessitated by your needs or was caused by our own neglect or failure to plan, will be made in good faith, but otherwise at our sole discretion. Among these factors, the time and effort required are typically weighted most heavily. We keep records of the time we devote to your work, including conferences (both in person and over the telephone), negotiations, factual and legal research and analysis, document preparation and revision, travel on your behalf, and other related matters. We record our time in increments of one -tenth of an hour. The hourly rates of our lawyers and legal assistants have an important bearing on the fees we charge. The firm establishes a range of hourly rates of each attomey and legal assistant. These rates may be adjusted from time to time to reflect current levels of legal experience, changes in our costs, and other factors. Typically, rates are adjusted on an annual basis, although we reserve the right to adjust our rates at other intervals if the circumstances warrant. We will endeavor to give you advance notice of any rate adjustments prior to the effective date of any rate adjustments. We are often requested to estimate the amount of fees and costs likely to be incurred in connection with a particular matter. When requested, we will furnish such an estimate based upon our professional judgment, but always with a clear understanding that it is not a maximum or fixed -fee quotation. The ultimate cost frequently is more or less than the amount estimated. For certain well-defined services (for example, a simple business incorporation), we will quote a fixed fee. It is our policy not to accept representation on a fixed fee basis except in such defined service areas or pursuant to a special arrangement tailored to the needs of a particular client. In those situations, the fixed fee arrangement will be expressed in a letter, setting forth both the amount of the fee and the scope of the services to be provided. 2 — Revised December 17, 2015 Holden, Kidwell, Hahn & Crapo encourages discussion with our clients about legal fees and billing arrangements. Unnecessary misunderstandings can result from a lack of clear communication on these sensitive matters. We would expect to have candid discussions regarding fees and billing arrangements with you at the beginning of our relationship and throughout the representation. OTHER CHARGES Typically, we will charge our clients not only for legal services, but also for other ancillary services which we provide and which are directly related to your case or matter. Examples of ancillary charges include: computerized research services and the use of our photocopy and facsimile machines. While our charges for these services are measured by use, they do not, in all instances, reflect our actual out-of-pocket costs. For photocopying, for example, the true cost of providing the service is difficult to establish. While we strive to maintain these charges at rates which are lower than those maintained by other firms, in some instances, the amounts charges may exceed the actual costs to the firm. We would be pleased to discuss the specific schedule of charges for these additional services with you and to answer any questions that you may have. If you would prefer, in some situations we can arrange for these ancillary services to be provided by third parties with direct billing to you. In the event your files have been archived or stored at an off -premises location and you request copies of all or a portion of such files, or if you make any other request which requires retrieval of such files, we may also charge a reasonable retrieval fee and copying expenses necessitated by such request. DISBURSEMENTS In addition to our fees and other charges, we will bill you, without any mark-up, for any out-of-pocket expenses which we incur on your behalf. Examples of costs in this category include filing fees, court costs, mileage, expert witness fees, service of process fees, travel expenses, printing expenses, third -party carrier and overnight delivery services or other costs incurred directly in conjunction with your case. We may ask that you pay any sizeable third -party costs or expenses directly or that you deposit a certain amount with the firm in advance of the incurrence of these costs. ANCILLARY PROCEEDINGS Occasionally we may become involved in another lawsuit, administrative proceeding or investigation that arises from or is in some way related to the legal services provided to you under this Billing Policy. We will endeavor to notify you as soon as is reasonably possible if such proceedings are commenced. In that event, you agree to pay for any legal services or administrative staff time expended by fnm attorneys or staff members in responding to such proceedings. Such legal services will be billed at the rates generally established by the firm at the time such services are provided. We will also bill you for any fees, disbursements or other out-of-pocket expenses reasonably and necessarily expended by the firm in such proceedings. You will be obligated to pay for such legal services and expenses, regardless of whether you are a party to such other proceedings. You will also be obligated to reimburse the firm for any attorneys fees or costs incurred by the firm for outside legal services which are necessary to respond to such unrelated lawsuits, administrative proceedings or investigations, except to the extent that such services are covered and paid by the firm's malpractice insurance policy. However, nothing in this paragraph obligates you to pay for such legal services or costs if a firm lawyer or employee was negligent or intentionally committed a wrongful act that caused such other lawsuit, proceeding or investigation. BILLING ARRANGEMENTS AND TERMS OF PAYMENTS We will bill you, normally each month, for fees, other charges and disbursements. You are expected to make payment upon receipt of our invoice. Unpaid fees and disbursements accrue interest at the maximum rate permitted under the laws of the State of Idaho, but not exceeding one percent (1%) per month from the beginning of the month in which they became overdue. If your account becomes past due, you are expected to bring the account or the retainer deposit current. If the delinquency continues and you do not arrange satisfactory payment terms, we may withdraw from the representation and pursue collection of your account. You agree to be responsible for paying the costs of collecting the debt, including court costs, filing fees, and reasonable attorney fees, regardless of whether Holden, Kidwell, Hahn & Crapo, P.L.L.C. or outside counsel is used. Invoices are typically sent monthly unless there is a project to be billed in a different fashion. At times, 3 — Revised December 17, 2015 when there is low activity, an invoice may be sent less frequently than monthly. Generally, one person acts as the billing attorney for each client in order to coordinate the billing process. Billing can be done on a composite basis or broken down by subject matter. If you want particular invoices sent to specific individuals for approval in your company, that can be done. Under normal circumstances, we submit regular monthly invoices to clients listing in a narrative fashion the particular work performed by date and the exact amounts of other charges and disbursements for all client matters. RETAINERS New clients of the firm may be asked to pay the firm a retainer as security for attorneys fees and costs incurred in your behalf. We reserve the right to request a reasonable retainer from you, either prior to commencing work for you or at any time during the course of our relationship. Typically, the retainer is equal to the amount of fees and costs expected for a required task or an amount equal to the fees and costs likely to be incurred during a two -month period. If you pay us a retainer, you grant us a security interest in those funds. Unless otherwise agreed, the retainer will be credited toward the final invoice generated on the account. The retainer will be deposited into the firm trust account and will be kept in such account until the due date of the final invoice, at which time it will be credited against the remaining balance on the account. If you dispute any amount charged against the retainer, you may notify us promptly and we will return the disputed amount to a trust account pending resolution of this dispute. You are expected to pay our invoices in full upon receipt, even though you may have a positive balance of the retainer on deposit with the firm. At the conclusion of our representation or at such time as the retainer is unnecessary or is appropriately reduced, the remaining balance or an appropriate part of it will be returned to you. If the retainer proves insufficient to cover current expenses and fees for the required task or for services rendered to you on a two - month basis, an additional retainer may be necessary. We will notify you in such event and request an increase in the amount of the retainer. In the event you fail to promptly pay such increase or fail to provide or maintain the retainer at the agreed amount, we reserve the right to withdraw from representing you, in a manner consistent with the Idaho Rules of Professional Conduct. Alternatively, and in our sole discretion, we may add a premium of ten percent (10%) to all hourly rates billed to you or any fixed fee quoted to you, as a penalty for your failure to provide or maintain the required retainer. Deposits received to cover specific cost items will be disbursed as provided in our agreement with you, and you will be notified from time to thne of the amounts disbursed. Any amount remaining after disbursement will be returned to you. By court rule, most retainers will be placed in a pooled account and interest earned on the pooled account is payable to a charitable foundation established in accordance with the court rule. If you request, your retainer will be placed in a separate trust account for your benefit and account. SAFE KEEPING OF CLIENT FUNDS We will keep any amounts paid to us as a retainer and any other monetary amounts owned by you and paid to us in a bank account separate from the firm general account maintained in the State of Idaho. We will keep, disburse, handle and otherwise maintain such funds in accordance with Rule 1.15 of the Idaho Rules of Professional Conduct. You agree to grant us a security interest in such funds to secure payment of statements rendered to you by any member of the firm with respect to any matter for which we provide legal services to you, and irrespective of whether we have another fee arrangement in such other matter which does not provide for such security interest. This security interest will also secure your obligation to pay interest on your account and attorneys fees and costs incurred in collecting such account. We will deposit and keep your funds in an account that is insured by the Federal Deposit Insurance Corporation (the "FDIC"), however we assume no obligation to monitor or keep you apprised of the financial solvency of the financial institution where such account is kept, nor do we assume any obligation to ensure the aggregate amount of client funds kept within such account is kept or maintained within the limits of the insurance provided by the FDIC. TERMINATION You may terminate our representation at any time by notifying us. Your termination of our services will not affect your responsibility for payment of legal services rendered, additional charges and disbursements incurred before termination and in connection with an orderly transition of the matter. We may also withdraw from providing services to you. The ethics rules for the jurisdictions in which we practice list several types of conduct or circumstances 4 — Revised December 17, 2015 that require or allow us to withdraw from representing a client. We try to identify such circumstances in advance and discuss with our clients any situation which may lead to our withdrawal, and if withdrawal ever becomes necessary, we will give the client written notice of our withdrawal. CLIENT FILES Once our engagement in this matter ends, we will return the file materials provided by you upon your request. You agree that we may retain, at your expense, copies of the file materials. You also agree that any materials left with us after the engagement ends may be retained or destroyed, at our discretion. We reserve the right to make, at your expense, and retain copies of all documents generated or received by us in the course of our representation. When you request documents from us, copies that we generate will also be made at your expense. Our own files pertaining to the matter will be retained by the firm (as opposed to being sent to you) or destroyed. These firm files include, for example, fun administrative records, time and expense reports, personnel and staffing materials, credit and accounting records, and internal lawyers' work product (such as drafts, notes, internal memoranda, legal research, and factual research, including investigative reports prepared by or for the internal use of lawyers). Any documents that are retained by the firm will be transferred to the person responsible for administering our records retention program. For various reasons, including the minimization of unnecessary storage expenses, we reserve the right to destroy or otherwise dispose of any documents of other materials retained by us within a reasonable time after the termination of the engagement. We assume no duty to preserve files related to your case, although you will be entitled to have access to those client files should you so desire. We may however bill you for copying expense and staff time associated with retrieving and copying such files. WORK PRODUCT In order to provide legal services to you in an efficient and cost effective manner, we will often use forms drafted by our attorneys and modified to fit the circumstances of your particular case. We have invested numerous hours in the development of these forms and they reflect the collective expertise and experience of our firm attorneys. In an effort to avoid payment of future legal expense, clients are often tempted to use our work product, as reflected in these documents, without our authorization and without payment to the firm for use of its work product. Not only are such actions dishonest and contrary to our arrangement, it is also very dangerous and fraught with peril. Nothing in your relationship with the firm, nor payment of our invoices, entitles you to use our work product without our specific authorization in writing. In order to obtain your input into the preparation of documents associated with your matter, we may provide you with digital copies of our word processing files, however nothing in the delivery of such digital files authorizes you to use such work product in other matters unrelated to your case or in any manner outside the direction and control of one of our attorneys. As a general rule, documents will be provided to you in Adobe Acrobat "pdf' form in order to discourage unauthorized alteration of the documents. PRIVACY POLICY We follow the high professional standards of confidentiality imposed on lawyers. Types of Nonpublic Personal Information We Collect We collect nonpublic personal information about you that is provided to us by you or obtained by us with your authorization. Parties to Whom We Disclose Information For current and former clients, we do not disclose any nonpublic personal information obtained in the course of our practice, except as required or permitted by law. In a generic sense, any information a client provides us is likely to be considered nonpublic personal information and receives confidential treatment. Permitted disclosures include, for instance, providing information to our employees, and in limited situations, to unrelated third parties who need to know that information to assist us in providing services. In all such situations, we stress the confidential nature of information being shared. Protecting the Confidentiality and Security of Current and Former Clients Information We retain records relating to services that we provide so that we are better to able assist you with your needs and, in some cases, to comply with ethical guidelines of our profession. In order to safeguard your nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with the rules of professional conduct applicable to us. 5 — Revised December 17, 2015 AUDIT LETTER RESPONSES At times, you may request that we provide your auditors certain information in connection with such auditors' examination of your financial statements. Of course, we will charge for our services in doing so. In addition, for your benefit and in order to protect the attorney - client privilege, our responses will only be made in accordance with the ABA Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information (December /975), including all of the limitations contained therein. You agree not to request information in addition to that provided for in the ABA Statement of Policy and consent to our providing responses only in accordance with the ABA Statement of Policy. OPINIONS TO OTHERS As a general matter, any third party opinions will be based on your representations and warranties that the facts on which the opinion is based are true, complete and accurate and upon the assumption that such representations and warranties do not omit any facts necessary to make such representations and warranties not misleading. You acknowledge and agree that we undertake no duty to investigate such representations and warranties, or verify any matters that you represent and warrant to us as true, complete and accurate. SECURITIES LAW ADVICE Unless specifically requested and agreed by us m writing, we will not provide any advice with respect to the securities laws of the United States or any other jurisdiction or any related rules or regulations and we will not provide any advice as to whether any information, statement, opinion, or other writing is required to be filed with, incorporated into, submitted to, or furnished to the United States Securities and Exchange Commission or any state securities regulators. You will not, without our prior written consent, include documents or information we provide to you in any filings with federal or state securities regulators, including the SEC. ARBITRATION OF FEE DISPUTES Other than a complaint to a disciplinary authority, any fee or cost dispute arising out of, in connection with, or relating to the engagement agreement including, any dispute concerning the security interest granted herein or by common law shall be determined by binding arbitration in accordance with Section VII of the Idaho Bar Commission Rules. You agree to execute a consent to a binding fee arbitration, as provided by such Rules within twenty- one (21) days after receipt of an arbitration request under such Rules. The decision rendered by the arbitrator shall be final and binding upon the parties, to the extent provided by Idaho Code § 7-901 et seq. and may be enforced by any court of competent jurisdiction within the State of Idaho. Any other matter involving a dispute arising out of or in connection with or relating to this Policy shall be determined by any court of competent jurisdiction within the State of Idaho. KEEPING YOUR CONTACT INFORMATION CURRENT You must keep us informed as to your current mailing address, physical address (if different), and phone numbers (also e-mail address if that is used). You will keep this information accurate and up to date, because of our need to be able to contact you with respect to the subject of the representation and other aspects of our relationship with you as described above. We will rely upon the last contact information you provide to us. You agree that we can do so with respect to any need we may have to communicate with you (during the existence of the attorney -client relationship or after conclusion of that relationship) relating in any way to our representation of you, including in connection with commencing any arbitration as described. MISCELLANEOUS This Billing Policy should be construed consistently with the Idaho Rules of Professional Conduct, however in the event of any irreconcilable inconsistencies, then the Idaho Rules of Professional Conduct shall prevail. The provisions of this Billing Policy are severable. In the event any part of this Policy is determined to be unlawful or unenforceable for any reason, then such unenforceability shall not affect the enforceability of the remaining provisions. The provisions of this Billing Policy and any supplemental retainer letter shall comprise all terms and conditions of our agreement with you. No prior statement, representation or understanding will be binding unless contained within such written agreement or unless contained in another written agreement signed by both parties. This Policy is to be construed in accordance with the laws of the State of Idaho and the venue for any action arising therefrom shall be in the state of Idaho. Holden, Kidwell, Hahn & Crapo, P.L.L.C. GAWPDATAIDWSWKHOSesvice & Billing PalicyService & 9illing Policy.v5.wpdsns 6 — Revised December 17, 2015