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HomeMy WebLinkAbout2016-04-12E IDIA �CITY COUNCIL WORKSHOP µ MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, April 12, 2016 at 3:00 PM 1. Roll -Call Attendance _ Anne Little RobertsJoe Borton _ Ty Palmer _ Keith Bird ® Genesis Milam (arrives' 3.05 PM) X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Proclamation A. Proclamation for April as Volunteer Month 5. Consent Agenda Approved A. Approval of Award of Bid and Agreement to EXCELSIOR CONSTRUCTION COMPANY for the "WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION" project for a Not -To -Exceed amount of $74,970.00. B. Approval of Professional Service Agreement with Treasure Valley Youth Theater for "Aladdin Jr." and "How to Eat Like a Child (and Other Ways to Avoid Becoming a Grown Up)" C. Approval of Award of Bid and Agreement to Riverside, Inc for the "WELL 29 PRODUCTION WELL - CONSTRUCTION" project for a Not -To -Exceed amount of $232,295.00. D. Lease Agreement for Concessions Operations at Settlers Park Between the City of Meridian and Daisy's Italian Ice and Gelati E. Approval of the Police Department Ada Metro Special Weapons and Tactics Team & Crisis Negotiation team Mutual Assistance Compact Meridian City Council Meeting Agenda Tuesday, April 12, 2016 — Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Sanitary Sewer And Water Main Easement Between The City Of Meridian And WL Victory Crossing LLC G. Amended Development Agreement for Primary Health (MDA -H-2015-0045), with Travis Stroud and Rocky Mountain Companies, located at 1624 and 1648 N.W. 1st street, in the northeast 1/4 of Section 12, Township 3N., Range 1W. H. Development Agreement for Calnon Properties -AZ, CPAM (H-2015-0017) with Kostka & Calnon, LLC located at 2215 W. Franklin Rd, in the Northern 1/2 of Section 14 Township 3 North, Range 1 West (Parcels #S1214120710, S1214121134, S1214212622, S1214121133 and S1214121172) I. Findings Of Fact, Conclusions Of Law For Brinegar Prairie Subdivision (H- 2015-0046) By Suggs Community Solutions Located 2220 N. Ten Mile Road Request: Annexation And Zoning Of 23.46 Acres Of Land With An R-8 Zoning District Request: Preliminary Plat Approval Consisting Of Ninety -Four (94) Building Lots And Thirteen (13) Common Lots On 22.6 Acres Of Land In A Proposed R-8 Zoning District J. Findings Of Fact, Conclusions Of Law for Swindell Subdivision (AZ -15-010 / RZ-15-011 / PP -15-013) by Volante Investments, LLLP Located Northwest Corner of S. Locust Grove Road and E. Overland Road Request: Annexation and Zoning of 15.07 Acres of Land with a C -C Zoning District Request: Rezone of 0.57 of an Acre of Land and 5.09 Acres of Land from the C -G to the C -C Zoning District Request: Preliminary Plat Approval Consisting of Seven (7) Building Lots, One (1) Common Area Lot and One (1) Other Lot on 20.03 Acres of Land in a Proposed C -C Zoning District K. Findings Of Fact, Conclusions Of Law for Logan Creek (H-2015-0037) by Jim Jewett, JLJ, Inc. Located 4617 & 4620 S. Martinel Request: Preliminary Plat Approval Consisting of Sixty -Eight (68) Building Lots, Eighteen (18) Common Lots and Two (2) Other Lots on 21.76 Acres of Land in an R-4 Zoning District Request: Modification to the Development Agreement with AZ 14-016 to reflect modified site layout and updated provisions L. Resolution No. 16-1131: A Resolution Approving A Revised Purchasing Policy for the City of Meridian. 6. Community Items/Presentations A. Meridian Development Corporation Annual Report Presentation Meridian City Council Meeting Agenda Tuesday, April 12, 2016 — Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 7 91 B. Mayor's Office: Resolution No. 16-1132: A Resolution Of The Mayor And The City Council Of The City Of Meridian, Appointing Bonnie Zahn Griffith To Seat 4 Of The Meridian Arts Commission; And Providing An Effective Date Approved Items Moved From the Consent Agenda None Department Reports A. Finance Department Strategic Update B. Speed of Trust Update C. Information Services: Discussion of City Council Chambers Technology Replacement D. Information Services: Budget Amendment for Agenda Manager Replacement Software Purchase for the Not -to -Exceed Amount of $18,950.00 Approved E. Public Works: Budget Amendment for FY2016 in the Not -to -Exceed Amount of $275,000.00 for the Construction of a Water Treatment Facility at Well #27 Approved F. Approval of Award of Bid and Agreement to CHALLENGER COMPANIES for the "WELL 27 TREATMENT FACILITY - CONSTRUCTION" project for a Not - To -Exceed amount of $733,182.54 Approved G. Human Resources: Benefit Costs for the FY2017 Budget H. Mayor's Office: Request for Letter of Support - 1-84, Northside Boulevard to Franklin Boulevard, TIGER and FAST LANE Grant Application I. Legal Department: Discussion and Update Regarding Reenacting Title 1, Chapter 7, Section 10, Meridian City Code, Repealing Request for Reconsideration and Reenacting as a Procedure for Request for Reconsideration 9. Ordinances A. Ordinance No. 16-1682: An Ordinance Repealing and Reenacting Title 1, Chapter 7, Section 10, Meridian City Code, Repealing Request for Reconsideration and Reenacting as a Procedure for Request for Reconsideration; Providing for a Waiver of the Reading Rules; and Providing an Effective Date Continued to April 26, 2016 Meridian City Council Meeting Agenda Tuesday, April 12, 2016 — Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Ordinance No. 16-1683: An Ordinance of the City of Meridian (H-2016-0017) Granting the Annexation and Zoning of 55.55 Acres of Land with the C -C (Community Business District) (32.84 acres); TN -R (Traditional Neighborhood Residential) (8.95 acres); TN -C (Traditional Neighborhood Commercial (6.54 acres); and R-40 (High Density Residential) (7.22 acres) Zoning Districts in the Meridian City Code. The Property is a Parcel of Land Situate in the Northwest Quarter of the Northeast Quarter and in the Northeast Quarter of the Northwest Quarter of Section 14, Township 3 North, Range 1 West, Boise, Ada County, Idaho; and Providing an Effective Date Approved 10. Future Meeting Topics None Meridian City Council Meeting Agenda Tuesday, April 12, 2016 — Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Workshop April 12, 2016 A meeting of the Meridian City Council was called to order at 3:00 p.m., Tuesday, April 12, 2016, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de W eerd, Keith Bird, Joe Borton, Genesis Milam, Ty Palmer, Anne Little Roberts and Luke Cavener. Others Present: Bill Nary, Jacy Jones, Jaycee Holman, Caleb Hood, Tom Barry, Warren Stewart, Jamie Leslie, David Jones, Todd Lavoie, Crystal Ritchie and Dean Willis. Item 1: Roll-call Attendance: Roll call. X_ Anne Little Roberts _ Joe Borton X__ Ty Palmer X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: I am going to go ahead and start the meeting. I have never had to start a meeting like that, but it's mainly for my Council Member and my city attorney, so -- welcome to our City Council meeting. We appreciate all of you being here. When one of our Council Members walked in he goes what did I miss? What's going on. We have a lot of very special people here today and I will get to that in just a moment. So, thank you for joining us. We appreciate you being here. For the record it is Tuesday, April 12th. It's 3:00 o'clock. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Thank you. I really have to say that sounded awesome. So, thank you. Item No. 3 is adoption of the agenda. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council Workshop April 12, 2016 Page 2 of 57 Bird: Under Consent Agenda, Item 5-L, the resolution number is 15-1131. Under Ordinances, number 9-A, ordinance number is 15-1682. And B is ordinance number 16-1683. And with that I move we accept the agenda as published. Borton: Second. De Weerd: I have a motion and a second to adopt the agenda as published. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 4: Proclamation A. Proclamation for April as Volunteer Month De Weerd: Okay. I am going to move down to the podium. There is only one way to do it, either you have your back to the audience or your back to City Council. I know they have my back on this one, because this one is about you all, our volunteers. It is Volunteer Appreciate Month and I appreciate all of you being here. We -- I know I speak on behalf of myself and the City Council that we could not be the city we are without the help of our citizen volunteers. Every day when our residents walk into Meridian City Hall they are greeted by the friendliest faces of our citizens that serve behind that counter. Our parks are made safer because of our park ambassadors program and the friendly volunteers that serve there. We have volunteers serving on every commission and in many other operations of our city. We could not be the nation's best city without you. So, if I could ask you all to give yourself a hand. Okay. So, I'm going to ask all of our city volunteers if you would stand, because this proclamation is for you. So, if you will, please, stand. Come on Frank, stand up. Okay. Whereas our city's greatest resources are people and in the heart of all of us lies the power to strengthen the fabric of our beloved community and ultimately make the world a better place to live and whereas volunteers are the Meridian rock stars who give freely of their time and talents to serve the people around them and as they do their impact can be felt throughout our community and whereas every day volunteers help shape our community and move it forward in the right direction by serving on our boards, commissions, task forces, and committees and whereas throughout the month of April we recognize those who embrace a life of giving with active, energetic and engaged volunteerism because our city departments, government could not fully function without our volunteers and whereas the spirit of service is deeply embedded in Meridian's culture, for the last year alone the city had 877 volunteers donate 18,714 to the City of Meridian and, therefore, I, Mayor Tammy de Weerd, hereby proclaim April 2016 as Volunteer Appreciation Month here in the City of Meridian and we honor the hard work and selfless dedication of the hundreds of volunteers who continue to help the City of Meridian become and be a vibrant community and a premier Meridian City Council Workshop April 12, 2016 Page 3 of 57 city to live, work, and raise our families. Thank you so much for joining us today. We do have a small token of appreciation for you and let me -- so, last year we told you we were nuts about you. Right? And so this year we decided the M&Ms were -- were appropriate, because Much and Many thanks for all you do. We appreciate you. And there is a note inside. This is for all of you. We also have a pin that we hope -- last year you got a City of Meridian pin and for the newer volunteers if you didn't get one, we would like to give you one of those, too. But we have a new pin that says volunteers are the heart of our team. You're part of our team and we are very proud to have you as one of us. So, thank you very much. Again, let's give our volunteers a hand. Okay. Frank, do we need everyone to come up here for a picture? Come on up. (Pictures taken.) De Weerd: And I will say to all of our volunteers you have paid your price. You don't have to sit through one of our meetings. Item 5: Consent Agenda A. Approval of Award of Bid and Agreement to EXCELSIOR CONSTRUCTION COMPANY for the “WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION” project for a Not-To-Exceed amount of $74,970.00. B. Approval of Professional Service Agreement with Treasure Valley Youth Theater for "Aladdin Jr." and "How to Eat Like a Child (and Other Ways to Avoid Becoming a Grown Up)" C. Approval of Award of Bid and Agreement to Riverside, Inc for the “WELL 29 PRODUCTION WELL - CONSTRUCTION” project for a Not-To-Exceed amount of $232,295.00. D. Lease Agreement for Concessions Operations at Settlers Park Between the City of Meridian and Daisy's Italian Ice and Gelati E. Approval of the Police Department Ada Metro Special Weapons and Tactics Team & Crisis Negotiation team Mutual Assistance Compact F. Sanitary Sewer And Water Main Easement Between The City Of Meridian and WL Victory Crossing LLC G. Amended Development Agreement for Primary Health (MDA-H-2015-0045), with Travis Stroud and Rocky Meridian City Council Workshop April 12, 2016 Page 4 of 57 Mountain Companies, located at 1624 and 1648 N.W. 1st bstreet, in the northeast 1/4 of Section 12, Township 3N., Range 1W. H. Development Agreement for Calnon Properties-AZ, CPAM (H-2015-0017) with Kostka & Calnon, LLC located at 2215 W. Franklin Rd, in the Northern 1/2 of Section 14 Township 3 North, Range 1 West (Parcels #S1214120710, S1214121134, S1214212622, S1214121133 and S1214121172) I. Findings Of Fact, Conclusions Of Law For Brinegar Prairie Subdivision (H-2015-0046) By Suggs Community Solutions Located 2220 N. Ten Mile Road Request: Annexation And Zoning Of 23.46 Acres Of Land With An R-8 Zoning District Request: Preliminary Plat Approval Consisting Of Ninety-Four (94) Building Lots And Thirteen (13) Common Lots On 22.6 Acres Of Land In A Proposed R-8 Zoning District J. Findings Of Fact, Conclusions Of Law for Swindell Subdivision (AZ-15-010 /RZ-15-011 / PP -15-013) by Volante Investments, LLLP Located Northwest Corner of S. Locust Grove Road and E. Overland Road Request: Annexation and Zoning of 15.07 Acres of Land with a C-C Zoning District Request: Rezone of 0.57 of an Acre of Land and 5.09 Acres of Land from the C-G to the C-C Zoning District Request: Preliminary Plat ApprovalConsisting of Seven (7) Building Lots, One (1) Common Area Lot and One (1) Other Lot on 20.03 Acres of Land in a Proposed C-C Zoning District K. Findings Of Fact, Conclusions Of Law for Logan Creek (H-2015-0037) by Jim Jewett, JLJ, Inc. Located 4617 & 4620 S. Martinel Request: Preliminary Plat Approval Consisting of Sixty-Eight (68) Building Lots, Eighteen (18) Common Lots and Two (2) Other Lots on 21.76 Acres of Land in an R-4 Zoning District Request: Modification to Development Agreement with AZ 14-016 to reflect modified site layout and updated provisions L. Resolution No. 16-1131: A Resolution Approving A Revised Purchasing Policy for the City of Meridian. De Weerd: Okay. Council, Item No. 5 is our Consent Agenda. Meridian City Council Workshop April 12, 2016 Page 5 of 57 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: As stated earlier, Item 5-L, the resolution number is 16-1131 and with that I move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest. Borton: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk, it sure is nice seeing you at the end there. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Community Items/Presentations A. Meridian Development Corporation Annual Report Presentation De Weerd: Okay. Item 6-A is under Community Items/Presentations. Today we have the Meridian Development Corporation here for their annual report to City Council. Welcome, Dan and Ashley. Basalone: Thank you very much, Mayor Tammy. Council President Bird and Members of the City Council, special congratulations to the father of our newest -- one of our newest citizens Luke Cavener. It's an honor to represent our chairman Jim Escobar and the commissioners on MDC board of directors at this annual presentation. You should have as part of your packet a copy of our annual report. So, if you care to mark it up and ask questions at the end I will be happy to try to answer them at that time. When the Meridian Development Corporation was founded over 14 years ago as the urban renewal agency for the City of Meridian by the City Council and Mayor, it was with the intent to revitalize the downtown area in our rapidly growing city by removing blight and provide a reinvigorated downtown for existing and new businesses. It was also the intent of the resolution to recognize the history of Meridian and cherish our pioneer past while embracing our urban future. While we still have a ways to go to fully invigorate downtown, we are seeing every year the intended progress, both in physical changes, but as importantly in the way that more and more citizens are embracing downtown for culture, art, history, and our civic life. MDC proudly supports concerts on Broadway, which provides free summer concerts for Meridian City Council Workshop April 12, 2016 Page 6 of 57 thousands of citizens in our City Hall plaza and for the second year we will support four concerts, which will be preceded by youth concerts to highlight our many talented student musicians. MDC also continues to support the historic walking tour field trips for over 2,000 Meridian third graders in cooperation with the West Ada School District. We hope that you have noticed the art wraps on street corner electrical boxes throughout the downtown area. These art wraps highlight artwork by students from kindergarten to high school. With the opening of Unbound, we finally have a library presence downtown and one which opens all forms of technology to the imagination of our children and adults alike. Our budget and our last fiscal year also provided seed money to start our new weekly summer youth farmers market. This farmers market will focus on our student agri-business entrepreneurs. If you attended our September 2015 inaugural event you would have seen children from six to 18 selling their products with the support of their families. We are justly proud of these activities, because they meet our stated goal of maintaining a family friendly community. I might add that none of these activities are accomplished in isolation from other government entities. The staff of the City of Meridian, as well as the arts and history commissions, the Mayor's Youth Advisory Commission, the library district, the West Ada School District, our local FFA chapter, the Meridian Downtown Business Association and our Meridian Chamber of Commerce all support family and youth centered downtown activities. Our main capital project this year was the construction of the Main Street islands. These provide an esthetic and historical context for our downtown and I must add that the dedication ceremony really was terrific yesterday and I saw it on the news last night. We are also pleased that through our facade improvement grant process we were able to work with Josh Everts to restore one of the original buildings on Idaho Street, which had long been neglected. Our thanks to Josh for his investment in our history and our future. New historic lighting supports the pedestrian traffic on Main Street between Broadway and Pine and plans are currently underway with ACHD to expand our pedestrian historic lighting on Pine Avenue from Main Street to East 6th Street when the Pine Street improvement project is completed in 2017. We have started budgeting for this project now. Our other major project with ACHD is the installation of sidewalks on West 1st Street between Meridian Elementary School and Broadway. This project will greatly enhance the safety of students walking to and from school and as a property owner downtown I just received my card from ACHD that says that will begin in 2017. In the coming year you will see additional way finding signage. The signs will lead to downtown and will include -- which will include a revitalized Idaho Street, which will be transformed into a place with pedestrian friendly walkways and out door seating. This project was championed by the Meridian Downtown Business Association and local business owners. We owe a debt of thanks to property owner Marty Shindler, who is in the audience -- Marty? For leading this project. As the Council knows and hopefully all of our citizens know, MDC has always attempted to pay as we go, rather than borrowing or bonding. Our projects are paid for by the use of our existing property tax increment that has been in place since 2002. We also have a tree replacement project, which continues in partnership with the Meridian City Council Workshop April 12, 2016 Page 7 of 57 City of Meridian parks and recreation department. To date we have replaced over 40 aging trees and cracked curbs and sidewalks in our downtown area, with about 15 remaining after this year's ten have been replaced and new grated boxes installed. As any homeowner knows, maintaining your property is ongoing. The same is true for city facilities and city infrastructure. Nothing lasts forever in pristine condition. While much of what we are doing downtown is playing catch up, we also have an eye to the future and the needs of the future. That is why we are exploring the feasibility of public-private partnerships for a hotel-conference center and a performing arts center. That is also why we support the private development of underutilized Union Pacific property. We know that it is a fact of life that our downtown could not be maintained as it was 50 years ago when only a few thousand people lived in the area. However, we do know that with good planning and community involvement we can maintain our historic small town America feel with a downtown that reflects historic values. While we value all parts of our city new and old, it is our historic downtown that gives Meridian its roots. We may be the second most populated city in Idaho, but that growth is fairly recent and our small town feel remains. There is a reason why Meridian is recognized as the best city of its size in the United States. Let me end by thanking our many partners, especially the one year old Meridian Downtown Business Association. Special recognition should be given to Joe Kowazlowski for his leadership. Commissioners on the MDC board, like all city commissions, are volunteers who gladly give of their time to promote a viable downtown -- and, by the way, I was surprised an honored at the volunteer ceremony earlier and I guess I stood up for all of our -- my fellows on MDC, but I would like to name them by name. Jim Escobar. Dave Winder. Callie Zamzow. Calvin Barrett. Eric Jensen. Kit Fitzgerald. Tammy de Weerd and Keith Bird. Also our work could not be vision put to action without the expertise of our Counsel Todd Lakey and our administrator Ashley Squyres. Thank you all for all that you do for our city and for your courte sy this afternoon allowing us to make this presentation. And now I will be happy to answer any of your questions and I also ask Ashley if she will assist me if needed. De Weerd: Thank you, Dan. Appreciate your involvement in MDC and as you represent MDC on a number of different issues. So, we -- we enjoy seeing you and love your energy and passion for our downtown. Council, any questions or comments? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm going to ask a question for some other people. Dan, on our audit deal, we -- we have 498,748 dollars lumped under operating expense. You want to tell me -- or explain to the people what office and operating expenses is in large part? Meridian City Council Workshop April 12, 2016 Page 8 of 57 Basalone: I don't have the budget right here with me. I wi ll ask Ashley to come up and assist. Squyres: I need to pull it up. You will have to excuse me for just a minute, please. I apologize. We weren't anticipating that specific question. I have it broken down in a spreadsheet from our accountant. That's what I'm looking for at the moment. Could we go to other questions while I'm looking for this? I apologize. It's a complicated spreadsheet. It's not what you think it is in terms of salaries and professional contracts. It's much more in depth and beyond that. I just need to find it. I apologize. De Weerd: Thank you. Council, any other questions than the first stumper? Cavener: I will go. Madam Mayor? De Weerd: Mr. Cavener. Cavener: Dan, first, thanks for your presentation. Basalone: You're welcome. Cavener: And as a former I guess board member of the MDC, you lose track of all the things that you were working on over the course of a year, so I appreciate the snapshot and really appreciate all the things you're doing to make a b igger impact in downtown. I appreciate where you're headed for the future. What do you anticipate is going to be your biggest challenge for the MDC over the next year, three years, five years? Bird: Well, three years to five years I think some of the projects that we are starting in -- like, for instance, the Pine Avenue project isn't going to get started in terms of actual construction until about 2017. So, I would see -- say if we are talking about three years out, the main project would be the Pine Avenue project. I think we are also looking at finishing the historic nature of downtown. We talked about the historic street lighting, for instance, continuing it on -- up and down Main Street from Franklin to Cherry Lane, for instance, and also what we do to bring the southern part of our -- of our MDC boundaries into the downtown area. For instance, the area south of Franklin Avenue, which already has some historic lighting and so forth for around the speedway, but that's an integral part of downtown as well and how you unify that. I think in terms of development, the big thing that I see is what is going to be happening with the Union Pacific property. That is the biggie, because with that being developed I think the whole downtown area will be very robust. I -- also, as I mentioned in my remarks, if our citizens really value a performing arts center and convention-hotel center downtown, that would also be a great need for a city of 85,000 people. Meridian City Council Workshop April 12, 2016 Page 9 of 57 Squyres: Hi again. For the record Ashley Squyres, administrator for Meridian Development Corporation. This is a very long list, so, please, bear with me. This lists for operating expense includes public meeting expenses, our downtown tree partnership, our streetscape project, which includes the Main Street islands and the historical lighting. The downtown parking maintenance. Grounds maintenance for 703, 713, North Main, the COMPASS, Valley Regional Transit building. Our software license for our county software that is required. Our downtown signage expenses. Any furniture -- street furniture, benches, expenses that we have had. Special projects expenses. So, for example, helping fund some of the feasibility studies for the multipurpose center would fall underneath that category. Our internet, downtown WiFi. Our postage. Our meeting expenses. Our training for Leadership Boise regional conference that they have each year that we attend on behalf of MDC. Any legal notices that we have to do in regards to our annual report, our audit and our budget. Our ICRMP insurance. Our utilities for the buildings that we own. Our partnership for the Nine Mile Flood plain study. Our branding that we unveiled yesterday. Facade improvement program. Unbound. The tenant improvements that went along with that. The youth box art. The signage and way finding. Our downtown kiosks. The historical walking tour. And a variety of other little miscellaneous expenses. This is how the auditors account for operating expenses. So, it is misleading. It would seem to think that it would be salaries, contracts, et cetera, but it is quite different. It's -- it's not what you would think. Basalone: Yeah. There are only two salaries. Our administrator's salary and our counsel's salary. Bird: And they are not salaries, they are contracts. Basalone: They are contracts. Yes. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: This is the way our audit is -- lump things together. As we put the budget together it's just like we do at the city, there is line items for each deal and if you will look through the city's audit, some of it's lumped together, too, so -- we have the same auditors the city does. Basalone: Uh-huh. De Weerd: Okay. Any other questions from Council? Thank you, Dan. Basalone: Thank you. I'm looking forward to the West Ada School District art exhibit on April 21st where I hope, Tammy, you will be judging a painting again. You selected a great one last year, so we can finish some of our art wraps. Meridian City Council Workshop April 12, 2016 Page 10 of 57 Thank you. Thank you all very much. And thank you for all that you do. I would be very remiss if I didn't say our work with the city is probably one of the best I have ever seen in my career of public service. Thank you. B. Mayor’s Office: Resolution No. 16-1132: A Resolution Of The Mayor And The City Council Of The City Of ` Meridian, Appointing Bonnie Zahn Griffith To Seat 4 Of The Meridian Arts Commission; And Providing An Effective Date e Weerd: Okay. Council, on 6-B you have in front of you Resolution 16-1132. This resolution is regarding the appointment of Bonnie Zahn Griffith to Seat 4 of the Meridian Arts Commission. Council, you have her information in your packet and I would tell you that Bonnie has already attended one of our meetings and already jumped in there with both feet as an artist herself and someone that is experienced with gallery presentations, having a gallery, being involved in a number of community art events, she is going to be a dynamo on the arts commission and add a whole different perspective. I don't think we can ever get another Dwight Williams, but Bonnie has a lot of her strengths and great contacts as well. I would stand for any questions. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I was thrilled to have Bonnie on the team and she has a lot to offer and she showed up already, yeah, to meetings and put in her -- her two cents and has been great already. Is it Zahn, though , or Zahn? Zahn. Okay. That's -- I move that we approve Resolution No. 16-1132 appointing Bonnie Zahn Griffith to Seat 4 of the Meridian Arts Commission. Cavener: Second. Bird: Second. De Weerd: I have a motion and a second to approve Item 6 -B. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. Thank you. MOTION CARRIED: ALL AYES. Item 7: Items Moved From the Consent Agenda Meridian City Council Workshop April 12, 2016 Page 11 of 57 De Weerd: There were no items moved from the Consent Agenda. Item 8: Department Reports A. Finance Department Strategic Update De Weerd: So, we will move into Item 8-A, which is under Department Reports with our Finance Department and our CFO. Pardon? I think I'm just going to call you Tom. Bird: We will see how many slides he's got. Cavener: We have got 12 slides, so -- De Weerd: Thank you. Bird: That isn't fair to Tom. Lavoie: Well, Madam Mayor, Members of the Council, again, appreciate the opportunity to present this to you. What we will do today is we are going to present to you the annual strategic update for the Finance Department and it's my honor to do this. Today we will present to you who the Finance Department is. We have two new Council members. I'd like to take advantage of their attention here and, hopefully, introduce them to who we are, what we do. We will take a few minutes to do that before we get into where we are going and what we have done. So, we will talk about achievements and accomplishments and, then, we will look at some of the goals, the challenges, and the future projects for the Finance Department and, then, at the very end we will stand for any questions. So, the question is who is the Finance Department? Again, I'm proud to say that the Finance Department is made up of three major divisions. The three major divisions that we have are the accounting division. We have seven staff members on them. We have the purchasing division. We have two staff members there. Then we have the utility billing division. We have staff -- seven staff members on that team. Again, I'm going to take a quick few minutes here and, hopefully, make it quick. I'd like to introduce Council Member Little Roberts and Council Member Palmer to our team. I'm going to go just left to right. I will try to do my best here. Hopefully I catch everybody. We got -- we have Karie Glenn. She is our utility billing manager. We have Hillary Bodnar. She's our arts and cultural specialist. We have Vicki Sylvis. She is a utility billing admin. We are Barb Davidson, utility billing clerk. We have Peter Framm, utility billing clerk. We have Barb Null. We have -- she's our payroll. Accountant. We have Maria Edwards. She is our billing administrator. We have Karen Winddell, she's our accountant. We have Kathy Wanner, she is our purchasing buyer. We have Cortni Kluckens, she's our accounts payable accountant. We have Jen Fields. She's our senior accountant. We have Keith Watts. He is our purchasing manager. And I think that is everybody that is here in attendance I think. Meridian City Council Workshop April 12, 2016 Page 12 of 57 Hopefully we will be able to introduce you to everybody else. That doesn't represent everybody, but, again, thank you all for attending and hopefully you have got a better idea of who -- faces to a name now for the finance division. De Weerd: And there is one walking in the door. Lavoie: Did we have one more walk in? There we are. Rita Cunningham, the city controller. So, again, we would like to think in the Finance Department everybody counts. Sorry. This is just beginning. Just the beginning. So, again, now we are going to kind of briefly go over what we do. A lot of people wonder, you know, what does Finance do. The next three slides should give you an idea of what we provided for the city. W e, do do that, but a lot of people say we just sit around and crunch numbers all day. There is truth to that. You know, we do crunch numbers. But, you know, it's not the only thing we do. You know, like I said, it is true to some extent. The Finance Department also counts beans as people like to say. You know, we are proud to say we are the official bean counters for the City of Meridian and we take that with honor. But, again, that's not just the only thing that we do here at the city. We also do a few other things. So, with all the fun and the pointing aside, you know, we are proud of what we do, being number crunchers, being bean counters, but, again, the Finance Department does deliver a number of services to the citizens, the Council, and the fellow staff members. I'm going to try to go over them pretty quickly for you. But we will start off with the utility billing division. The utility billing division is managed and run by seven staff members. They are in charge of running, managing and overseeing all utility bills for the City of Meridian. Right now we run about 30,000 invoices a month on behalf of the city for all the citizens and the business customers. They look at and manage all the transitions from property owner to property owner. They do billing adjustments and they do all the account management for all 30,000 customers on a monthly basis. So, those seven staff members provide that for the city. We have the purchasing division. Again, two staff members that to the best of their ability they try to keep the contracts and the purchasing within compliance to all the state laws, all the bylaws. You know, our goal is to make sure the purchasing for the City of Meridian is seamless, smooth, and accurate. We try to keep ourselves out of trouble. So, that's their main job is to make sure that everything follows within contract purchasing. The next number of items -- those are all within our accounting division. So, the payroll function of the accounting division is managed by one em ployee. We have one employee that generates a monthly payroll for the City of Meridian every single month, four hundred or so checks every single month. She manages it. She oversees it. She runs it. It's amazing what one person can do. So, we have Barb Holler -- sorry. Barb Knoll that runs that for us. Sorry. De Weerd: And her hair is not gray. I mean that's awesome. Lavoie: That is good. So, one person does that. Our accounts payable, again, we have one person that manages and oversees the entire accounts payable Meridian City Council Workshop April 12, 2016 Page 13 of 57 function for the city. She works with about a dozen staff members throughout the city and she manages all the paperwork that is pushed from the vendors to us on a weekly basis. You know, it's a very large sheet and we have one pe rson that does that for us. The next number of items -- the accounting -- general accounting functions -- the annual financial audit, the compliance standards, the monthly, quarterly, annual, daily, weekly reporting that we provide, the financial analysis that is provided to not only the Council and the city Mayor and also the city staff members, we do financial analysis on a wide array of items and, then, we also provide the budgeting function for the city. Now, all of those functions are provided with four staff members and we provide all these on a daily basis to all the city staff members and we take pride in what we do and, again, we are proud of the result that we provide with the three staff members that provide that services to you and, then, last, but not least, we have the arts and culture specialist. Hillary provides all the art and culture needs for the city. She promotes, she plans, she promotes the -- the fun and great activities on a daily, weekly, monthly basis. So, again, this hopefully gives, you know, Ann and Ty a good idea of what the finance division provides to the city, the citizens, to the Mayor and to fellow staff members for the city. So, with the job functions defined, now we need to figure out how we deliver these jobs -- job expectations. So, the Finance Department has the follow mission statement -- it's a little wordy, but in general it defines the job functions that we have just talked about over the last three slides. We want to point out that the Finance Department is committed to providing financial customer services at the highest standards to those that we serve. To make sure that we meet these commitments we strive for high ethical and professional standards. We strive for integrity, transparency, leadership, just to name a few. If we do that we know we will be able to deliver to all of our customers a high standard of customer service. So, by obtaining our commitments and our expectations to our customers we believe the Finance Department will be able to deliver an annual clean audit to not only the Council, but also to the citizens and to the fellow staff members. The Finance Department takes great pride in getting a clean audit every single year. It's kind of like a report card for us. Just like all of us when we went to school, we want all A's on our report card, we want all A's on our annual report -- annual audit. The annual audit is a learning experience for us in Finance. We look forward to it every year. We learn from the information that the auditors give us. We learn from the mistakes. We continue to get bigger and better at what we do and we continue to deliver a clean audit and that's what we take pride in. The achievements . Accomplishments. We are going to use the term here -- some of you may have heard it called budget dollars at work. Now that you know what we do and who we are, here are a few of the accomplishments or budget dollars at work items that you have provided us over the few years that we would like to report on. We will start off with the accounting division. The accounting -- you provided us with a software program called DrillPoint that allowed us to automate various reports on a monthly basis. I'm proud to say that these budget dollars that you provided us we have now successfully integrated this software into our routine for the past six months the monthly reports that you have received from Finance has been Meridian City Council Workshop April 12, 2016 Page 14 of 57 generated utilizing this tool. This tool automated all the reporting needs for you on a monthly basis and we eliminated the human input and we have shut -- we have trimmed down the processing time from eight hours a month to about 30 minutes. So, again, we appreciate it, we thank you for that and with this software we will continue to look at efficiencies and integration, not just for the Finance Department, but for all other departments within the city that can use such a tool with their financial reporting. Another item that you have provided us in the past is -- you actually provided us a full-time employee. The employee allowed us to manage and develop a contract management database. This employee has now taken the contract management database in conjunction with the other staff members throughout the city and we have now been able to develop this contract management database to assist the city staff and project managers with managing all contract functions on a daily basis. Not only can they manage their financial obligations, but they can manage their timeline obligations, the compliance obligations, and the risk management obligations, just to name a few. So, this database is available -- available to all city staff, available to Council, Mayor -- again, it's a -- it's a one point stop for all contracts and obligations that the city has engaged in and with that FTE that you provided us a few years ago, we have now been able to successfully implement and utilize this software for the last 12 months and we have various, numerous accounts, our contracts in this database and we believe going forward this database wi ll be a very successful tool for us to stay compliant and manage our risk and contracts on a daily basis. A few other achievements. Purchasing division, as you're familiar with, we were successful in rewriting the purchasing policy that you have seen over the last few months. The purchase policy now makes the -- verifies that we follow state code, verifies that we are following the best practices in the industry. It was developed in collaboration with multiple departments. Public Works, Parks, Legal, t o name a few. You know, the purchasing policy is a continually looking -- working on improving the purchasing function for the entire city. W e want to try to make the purchasing functions as seamless, smooth, and understandable at the end of day. The utility billing division is under a large software implementation at this moment. Again, a few years back you provided us funding to acquire new software to replace our old software that was being -- getting to the point where it was outgrown. This new software that was started -- project started in 2014 is looking to go live in May-June of 2016 -- exactly. Agreed. Lots of hard work by not only the utility billing team, but Public Works -- I mean every staff member there. We have got IT involved. So many departments involved, we have put in such time. We believe this tool is going to be very successful. It's going to be able to handle the growth that we are experiencing here for the city a number of years ahead, you know, and the great thing is the project is coming under budget as well. So, that's to be very proud of. Again, we thank you for all those budget dollars that you have provided us. Hopefully this kind of gives you an idea of what we are doing with your budget dollars and next year we will give you an another report of what you have provided us this year. So, again, thank you to everybody that's put all the time in and all the efforts in achieving these projects for you. Now we are going to talk about some goals, challenges, and projects. Meridian City Council Workshop April 12, 2016 Page 15 of 57 Now, all these items, goals. They are all projects and they are all challenges in their own right. So, start off with the accounting division. We are going to see this as a common thread within all the divisions. We are going to continue to look at customer service improvements. We are going to work with the departments, we are going to listen to them and we are going to figure out what we can do better on a daily basis. There is an idea -- or there is a -- there is a topic of a comprehensive financial plan. What this generally means is we are going to take what we have and we are just going to kind of take it up a notch. We have great tools now, but I think we can take the tools we have for future modeling and growth projections and just take it up to the next level and that's what we are going to label as the comprehensive financial plan. It's going to be a multi-year growth and planning tool that's going to be available not only to the Council, to the Mayor, but all of the directors and departme nts throughout the city. There is going to be some discussions about a replacement fund. Again, a replacement fund -- what we are going to do is the concept to consider setting up the future council and future departments for success. As you know, we ha ve put in a lot of infrastructure into the city over the last ten years. Well, someone is going to have to replace that at some point in time. It might not be in our tenure, but we want to see if we can set up the next council, the next departments for success. So, we are going to start discussing possible options to look at setting them up for success with funding mechanisms and replacement schedules, so, again, the concept may help the future council with funding for replacements in the future. A capital construction fund, the General Fund has one of these that exists now. We are looking at possibly creating one for the Enterprise Fund. It will work the same way and it's going to help the Enterprise Fund manage their future growth construction needs with funding and cost management. We are going to always -- always look at policy updates. That's a continuing daily basis. You have heard this term before by the Mayor and myself, priority based budgeting. It's still on our to do list. We are hoping to keep that moving forward. With the strategic plan and the priorities of government that we have been discussing, we believe that these two will work hand in hand and we will continue to look at developing priority based budgeting for you. Budgeting software. Again, right now we do -- we process the budget on an annual basis with everybody's input. A lot of time and effort goes into this and we are looking at getting software that can automate a lot of this. I looked up last year's file folder system for the fiscal '16 budget development and we had 251 individual documents in there. Now, I believe a software program could probably eliminate a lot of that, so I think a software system would benefit us by eliminating 251 documents that we have to manage on a daily basis for the budget development. On transparency reporting, again, you will see an enhancement presented by the Finance Department to allow -- or to request some transparency reporting. This will allow the citizens access to key data -- financial data points on the web and we will present that to you. We think it's going to be a nice transparency system for not only the system, but for Council and the city staff members to use on a daily basis. Centric reporting is the reporting concept that we are working on in Finance that's going to give, again, key data points to the citizens on a quick Meridian City Council Workshop April 12, 2016 Page 16 of 57 report that's going to work in conjunction with the transparency reporting. A GASB statement -- what that represents is GASB is our -- our board -- the -- the organization that governs what we do in finance, how we do it, the law that we have to follow. Every year they give us new statements on what we have to abide by. So, the Finance Department continually looks at these statements, we learn from these statements and we have to adjust the way we do our books on an annual basis. Performance measures. The performance measures -- this is an item that we are looking at moving forward and developing, again, with the level of service that we have now we a re looking at being able to develop how much it costs -- how much does it cost for this level of service and we think that performance measures and level of cost will be able to assist us in our future planning, current planning, and how we want to move the city in the future. Fiscal impact analysis. Again, another discussion point, another concept here is for all decisions that we make in the future, what will it cost the departments. So, if we approve Development A, what impact -- what fiscal impacts will that have on Public Works, Fire, Police, HR? Again, we want to develop a tool that not only the Council and Mayor, but also the departments on future developments that can give them a tool that says X will happen if we do Y. So, again, more concept tools that we are looking at developing. So, again, all goals, all challenges and all projects in their own -- in their own means. Purchasing division. Again, the comment were we are always continuing to look at customer service improvements and believe we will do -- we will be successful at that. Purchasing policy. Again, we just got the rewritten version approved -- ordinance a little bit later. We are always going to continue to look at updating that if new laws change -- if new laws change or if we need to do some adjustments for best practices. We are going to have standard operating procedure updates based on the policy updates that we have. We are going to work with all the departments and make sure the operating procedures work for all departm ents involved for the city. Vendor contractor guide to doing business with the City of Meridian in the purchasing division Keith Watts and Kathy Lyons are working on making communications with the city easier and more functional with the vendors outside. Purchasing laws. Legislative internal committee. Again, Keith and Kathy are working at the state level to work on changing or upgrading and improving the current state purchasing laws to get them more up to date. They are a little outdated in some opinions, but, again, they are continually looking at working with the state to improve the purchasing laws for the state. And, then, bid software again. Kind of like the budget software, we are looking at an automated system that will assist not only the purchasing division, but all of the departments involved with the setting up contracts and purchasing and all the vendors out there. That way there is -- once they are to a location and made an offer, that will help communicate the information not only from the city to the staff, but also from the city to the vendors. Utility billing division. Again more customer service improvements. We are going to continue to do that. But they got a big task on their hands. They have this new software implementation that we are hoping to go live in May and June. Been looking to -- you know, they are going to have their hands full with making sure they utilize it to the fullest intent. We Meridian City Council Workshop April 12, 2016 Page 17 of 57 are going to work with the water division, the purchasing division, to name a few. And what this -- before we go live we want to make sure that everything is correct. We are going to triple check everything. We want to make sure that not only the Council and the Mayor, but we want to make sure the Finance Department does not receive 30,000 phone calls, because of an improper implementation. So, we will take the proper amount of time, we will make sure that the software is implemented correctly and accurately. So, that's a big task on their hands. So, with that we presented who Finance is, what we do, and what we have recently done with the improved budget that you have given us or also known as the budget dollars at work and where we want to go. So, with that we stand as the Finance Department for any questions, thoughts, comments or concerns. Thank you. De Weerd: Thanks, Todd. Great job. Council? Palmer: Madam Mayor? De Weerd: Yes, Mr. Palmer. Palmer: Madam Mayor, Todd -- Tom, Todd, whatever you are going by today. De Weerd: We are glad you weren't left out. Palmer: When you mentioned fiscal impact statements for development, I think that would be super awesome. I don't know if it would be part of it as well, if you're already planning on it, but also not just cost impacts, but also revenue impacts to development. When you get to that point that would be fantastic. Lavoie: Madam Mayor, Council Member Palmer, that's a great idea. That is definitely part of the entire impact. We are going to look at revenue , cost, employees, impacts to services. We are going to try and develop a tool that will try and encompass everything that we believe will be satisfactory -- a great tool for the citizens -- city to use. Palmer: Awesome. Well, we will start next week; right? De Weerd: If you want it relevant, no. Any other questions? Bird: Just a great report as usual. De Weerd: Mr. Bird, do you want to say that on the record? Bird: I said just a great report as usual from the Finance Department. They do a great job for us. Appreciate it. Meridian City Council Workshop April 12, 2016 Page 18 of 57 De Weerd: Thank you. Yes, our hat's off to your team. We could see through your organization that many hands make great work and although there is much on your plates, we appreciate the attention to detail and what you do to make sure that we stay on -- on the right track in checks and balances and keeping us with clean audits and in the black. It's all very appreciated. And I just want to say we give kudos to our Finance Department because they are often in front of us. The department or division that's not often in front of us our utility billing and I just want to let you all know I think that your job is the most misunderstood in the city and probably -- I will not say, though, the most unappreciated. We appreciate you. You are our unsung heroes. What you deal with every day is just -- you are our heroes. I think that you deal with the side of city government that maybe the next department that can understand it the most is our police department. But people come into the office and -- especially on shut-off day. They are not in the best mood and our staff deal with them with a helpful attitude, an understanding approach, that they do protect the city's -- the city side of things that someone has to pay for that cost of service and we -- we will work with our citizens to the degree that we can in helping them find arrangements and those kinds of things, but, Karie, if you will share with your team how much they are appreciated we would appreciate that, too. So, good job. Todd, thank you. Lavoie: W ell, Madam Mayor, Members of the Council, I appreciate the good words and we will continue to do what we do and thanks for all the support and time and I completely agree, the Finance team is pretty awesome. De Weerd: Well, I did send a memo to Council saying this is his first report, his first presentation, give him a hard time and, look, what -- what are you guys doing? Lavoie: I appreciate it. De Weerd: Keith? Keith said he was going to help and -- Bird: Good boy. De Weerd: Thank you. Lavoie: Well, thank you. B. Speed of Trust Update De Weerd: Okay. Item 8-B. We ask, because our resident expert -- and that's only because he's gone through the Speed of Trust more times than any of the rest of us combined and is trained as a trainer, we asked him to give an overview of the Speed of Trust as an update. We have also asked that each of the City Council members that were participants to share a few impressions, if you would, and, then, open it up for questions. Chief. Meridian City Council Workshop April 12, 2016 Page 19 of 57 Niemeyer: Perfect. Madam Mayor, Members of the Council. Good afternoon. Just for the record let me say you were way too easy on Todd. Way too easy. So -- actually, they do a great job. Yes. I will echo that. Thank you for a little bit of time this afternoon. As the Mayor mentioned, I am here to do just a follow up on Speed of Trust training that we had on March 14th. This all really -- the history of this came about when the Mayor and the directors were at a strategic leadership retreat for a day at Scentsy and the Mayor held up this book right here and said this would be a great book to read. It's written by Stephen M.R. Covey. If you have ever read Stephen R. Covey's books, Seven Habits, great writer, speaker. The son was not gifted so much. And so I knew the book was going to be a little bit dry, having gone through the course. So, my background in this is ten years ago when I was working for Ada County Paramedics that agency was going through a lot of political and financial turmoil. Darby Weston, who is now the chief, found this program, brought in Lance Wycoff, who was actually working for Covey Industries at the time, and had a two day course and really what it helped do was guide the leadership team of that organization through some pretty rough times, because we all learned how to speak the same language, how to have those difficult conversations on issues and how to really move forward as a team with common goals. So, I have been a part of that. When the Mayor mentioned the book I pulled her aside at a break and said, you know, the book's pretty dry, but there is a course out there that's really interactive and really good and so working with Crystal Ritchie in HR we got a quote from Lance. He has since left Covey and started up Sunlight Works. He's based out of Utah. Still teaches all the Covey materials and the Covey classes, but started off on his own educational consultant firm and it was good to kind of catch up with him again ten years later from when I first saw him. So, really, the Speed of Trust course is two parts. One is designed to look at yourself and look in the mirror and say how do I compare against what my colleagues think, what my boss things and what my subordinates think and that's all done through what's called a TQ report or a trust quotient report. It's an online assessment that you go in and do as an individual and, then, your colleagues and your peers and your boss do the same and you can find areas where you're strong and you can find areas where you can improve and so that's really the personal side of that and, then, the organizational side is really that organizational trust building and there is some tools that -- that Covey developed and I know some people thought we were getting poker cards when we first got these little deck of cards, but the cards are tools that you learn through the process and through the -- the training that you can, then, utilize to walk through a hard conversation or a hard topic or some issues that you're facing. There is also anothe r packet that we received, it's got some CDs in it and also some self assessments stuff. When Crystal and I got the quote from Lance -- he presented it in two forms. One was a one day presentation of Speed of Trust, one was the two day course that I had been through with Ada County. Due to some costs and some availability, the group decided to do the one day. I think some of the directors were like let's put our toes in the water first and see what this is all about. The feedback we received at Meridian City Council Workshop April 12, 2016 Page 20 of 57 the director's meeting after the training was it would have been nice to have day two, actually. That would have continued on the conversation to get a little bit more into the self assessment, the workbooks, and, then, you learn how to work through some conversations and through some challenges or through the issues that you may be facing to kind of use the tools that you gathered. So, with that -- the feedback from the directors was good. I know at Ada County -- I talked to Darby Weston the other day about Speed of Trust. They have been using it for the last ten years, ever since my first group went through that program. They use it ever year. They refresh their -- their leadership team on that and every new hire group that they bring in they run them thro ugh the Speed of Trust course. So, it's kind of a culture that they have built there, which is some of the challenges when you have trainings like this -- leadership trainings, that they are just one offs, you kind of learn some things, and, then, you mov e on or you can make a reoccurring thing every year. So, really, what the directors group -- leadership group was looking for you was feedback and to see what you though of it. For those that were able to attend was it beneficial? Where would you like to see it go from here? Would you like a day two? Would you like a continuation of that -- that conversation. So, certainly open the feedback and kind of get your thoughts and ideas. De Weerd: Thank you, chief. I wanted to ask either Councilman Borton, Council Bird, or Council Member Milam if you would like to give any feedback on what you felt you gained from it and any of your impressions. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Chief, I have mixed feelings about the training. I did enjoy it. I thought it was great as far as the team building exercise that we did. It was a lot of fun and getting to know some of the -- the staff members -- or the directors and other councilmen a little bit better in different terms. For that I liked it. I did learn that I personally need to get to know each of you more. I felt there was some -- a communication gap and I think that you don't really know who I am and where I come from and I don't really know each of you and where you come from and where your thoughts are. So, what I learned from that and my goal is to -- to make an effort to build those relationships and to get to know you all better. Bird: Thank you. Mr. Borton. Borton: Madam Mayor. I thought the class was fantastic and near the end we started to get into some of the more meatier substantive valuable components of it. I bring -- I keep the cards here, actually, and kind of look at a different one. The show loyalty one kind of embodies some of the appreciation of the volunteers, to utility billing, and try to see how these behaviors can be embodied in what we do. I think the opportunity for us to -- Council Woman Milam's Meridian City Council Workshop April 12, 2016 Page 21 of 57 comments to use maybe some of the examples of what we go through up here with the directors in those discussions we started to do. I'm open to the idea of doing it annually and using these examples from the prior year and these behaviors to help everybody work together and at least understand each other, even if we disagree. There is a lot of opportunities where we might not appreciate -- at least for me might not appreciate the perspective of where a department might be headed and why and vice-versa. I think this invited us to have those conversations and share each other's perspective of -- and also kind of keep focused on doing things the right way for the right reasons. We touched on that quite a bit and there were several behaviors that were discussed that we can all embody. So, I thought it was great. The second day I don't know whether or not that's necessary or not. I'm not really certain what the day entailed, but the idea of doing it annually -- great. I mean anytime -- it's really the only time we have gotten the directors and Council together. We had a fantastic opportunity to kind of talk candidly and learn about each other, to Genesis' point. So, I thought it was great. De Weerd: And I do think there were a couple of key things that came out in building that understanding of how people take information and give it back as well, which I thought was very valuable. Mr. Bird. Bird: Yeah. When we first got this and they sent out that deal to us to fill out and stuff and, of course, being the computer genius that I am, I was able to do my survey, but I couldn't cut and paste and get it to anybody else, so I was probably lucky, I didn't get any bad returns. I didn't get any. When I -- when I originally -- after I read that stuff I thought, you know, do I really want to participate and I thought, you know, it's a duty to do it and I -- I don't know -- after getting into it -- about a half hour into it I thought, you know, I don't think that we -- I think not only directors, but I think anybody that's got any authority at all within the city -- a day course of that would be fantastic. I don't know if I would want to go through it on an annual basis. I would definitely every two years do it. I think one day -- I'm like Councilman Borton, I think one day would be sufficient. But I -- it -- to be truthful with you, it surprised me of wh at -- the substance we got out of it and I -- you know, it just -- I thought it was well worth the time spent and when I went in there I thought -- in fact, I will be truthful with you, I don't know if I told Genesis or not, I said I might get sick halfway through the point, you know. But I -- but, no, the longer I got into it the more I enjoyed it. I think it's a great program. But I'm not sure we want to just limit it to elected officials and directors, to be truthful with you. Niemeyer: That's great feedback. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Workshop April 12, 2016 Page 22 of 57 Milam: So, I probably should leave this out, but just like to give you the negative feedback, what kind of -- so, every time Covey came on the screen I just had to look at Jaycee and laugh. Niemeyer: That's why we didn't read the book. Milam: So, yeah, the rest of the presentation was good, but he was something else. Yeah. Anyway -- De Weerd: Well, he speaks and presents himself on video better than he writes. So, we will put it that way. Milam: We don't need to read the book then. De Weerd: I will say that I know the disappointment has been expressed on -- from a couple that were not able to attend and also from the development -- developer's team that we didn't have a full Council and so we did want to give an overview of how it went, ask the Council members who were not able to be there if -- what your desire is. Do you -- I guess we can wait a year. Would you want to have someone bring you up to speed? I don't know how that would work. But we could explore whatever your interest is and bring something back and would ask you all for your comments. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I was unable to attend. I had planned on it and was ill that morning. No one would have wanted me to attend. And I would love an opportunity to be brought up to speed. I had done the forms and sent out several of them and would love an opportunity. De Weerd: Okay. And I know Councilman Cavener also sent out the -- the survey and -- and participated on that side. Did you? Cavener: Yeah. Madam Mayor? I guess I would yield to those Council members that were in attendance. I think I have been pretty vocal in my confusion, frustration about the way this event was organized. It made it challenging to participate. But if it's something that a particular department wants to include as part of their budget for next year, I'm open to exploring that. If -- again, as I wasn't able to attend, I have to yield to those that did participate and their feedback it seems like it's a fairly significant investment both in terms of the training and in terms of all directors for an entire day. Like I said, I wasn't there, so it's hard for me to say, yes, this is absolutely worth it. Just like it's not easy for me to say I don't think it's worth spending time on. Meridian City Council Workshop April 12, 2016 Page 23 of 57 De Weerd: Okay. Any comment? Palmer: Madam Mayor, having not been there, again, like Luke said, I -- I don't know whether it was worth it or not, but a whole day -- you know, I can pull those out when it's, you know, something significant when you don't have to do it. The public meeting serves, but, you know, maybe for a team building activity I probably would still not participate if it's a full day thing in the future. De Weerd: We appreciate your honesty. I would say that team building and building trust and building -- having a better idea of how people accept their information, ask their questions -- one of the things that we learn over time is the more effort we put up front the less we are reacting, because reacting takes a lot more time and it's important that you trust our directors. They are leading multi- million dollar functions of the divisions and departments of our city and vice- versa. Those relationships are critical and key to being a premier city to live, work, and raise our families in. So, we challenged ourselves to raise these efforts up to that next level and I think working as a team -- and that doesn't mean always agreeing, but it also means we learn how to disagree, too, and continue to do the work on behalf of our citizens that they expect us to do in working together. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't know if Mark -- he can probably bring the three that didn't go up to speed, but I don't think you're going to get up to speed really until you -- unless you go through the class with Lance. And I'm like Luke, I -- I was under the perception that it was something in the Fire Department or something going originally and, then, get this thing and I'm going -- I don't know about the Fire Department, but anyway -- I truly wound up enjoying it, but I think to be brought up to speed you have to go through the deal, because it's a complete course. If you miss out any steps you miss out and that's my opinion. Niemeyer: And I would agree with you, Councilman Bird. It's pretty tough in just a couple hours to cover all of that material. It really is a one day going through the whole process. De Weerd: Or the group activity. Niemeyer: Yes. De Weerd: That was the true team building part. Niemeyer: This room was on top that day, weren't we. Meridian City Council Workshop April 12, 2016 Page 24 of 57 De Weerd: Well, yeah. It was all about Todd. I guess that's why we were so easy on him today. Any further discussion? Milam: So, on the -- thinking about -- listening to everybody's comments, I did enjoy the class. However, I don't know that it -- I don't know what else is out there as far as other team building, trust building kind of classes, so I would say something -- we should do something, but I'm not necessarily convinced that this particular training would be the -- be the one and maybe is it, I'm not saying it isn't either, but I would kind of like to know what else is out there. I didn't like the way this one began. De Weerd: Okay. I know Robert has some packets for -- okay. Well, I don't think that we have a clear idea of where we are going. We will -- I think, chief, if you could follow up with Council Member Little Roberts and kind of give an overview and maybe walk her through the survey that she received feedback on and maybe what's in that packet and that sort of thing. And I did challenge our directors to -- we have done a couple of different leadership activities and exercises and I do think it's time to come with a unified approach to the leadership development and whether it's strength based leadership, whether it's the Speed of Trust, there is a number of different models is to bring a recommendation back and have a discussion in follow up to this one on what we would like to see in a recommendation in moving forward, so -- Bird: And I will figure out how to cut and paste -- De Weerd: And this time Council Member Bird will help you. Niemeyer: Thank you. C. Information Services: Discussion of City Council Chambers Technology Replacement De Weerd: Thanks, chief. Okay. 8-C is under Information Services. Hi, Dave. We are getting all of our newbies up here. Tiede: You are. De Weerd: Breaking you in. Welcome and we appreciate you being with us. Tiede: Thank you, Madam Mayor. Madam Mayor, Members of the Council, I am here to talk to you about this very room, the city council chambers and the technology therein. See if I can make this work. Really to start off I want to highlight that everything in this room, the TVs, the microphones, the speakers, the streaming is about communication. Communication of these meetings that we have here, communication of commissioner meetings, whatever it be, the tool in these -- in this facility is about communication and that's really what we are Meridian City Council Workshop April 12, 2016 Page 25 of 57 talking about here. We want to make sure that we have effective communication and communication tools that are easy to use. To give you some background, we have had a lot of feedback over the past many years that tools in this room are not effective and they aren't easy to use. Some examples are the smart board, which you have probably heard some frustrations of. The microphones in front of you, that you have to really get up into the hear yourself or for others to hear you. The streaming, which the quality is not the best on. You can hear people at least, but you can't really see them. Anyway, those are some of the pieces of feedback that we have received over the years. So, a bit into this background. Much of the infrastructure in this room was put in when this building was constructed. That makes it about eight and a half years old. A few things were added on later, such as the Tricaster, which enabled the streaming piece. We have updated your screens to try to lower them, so they are not blocking your view and people's view of you, et cetera. But for the most part the technology is getting out of date. We anticipated that the technology would need refreshed at some point in time. We feel like that point in time may be now. So, moving on. I mentioned a couple new issues. Here is a few more. These are only -- this is only a partial list of issues. The system can be difficult to operate. There is challenges with the smart board, audio feedback and volume. We have had a lot of problems with the streaming as far as getting the audio levels proper in the stream, but also in this very room making it so the people in the back of the room can hear what you guys are saying and not creating feedback issues and that goes back to multiple pieces in the system. It's not just the microphones, it's not just the speakers, it's the combination of those and the rack back there that actually does the amplification, does the noise cancellation, et cetera. De Weerd: Well -- and the system we put in place was Ralph. If Ralph couldn't hear us he would go like this and when he could, you know, it was like this and he hasn't been here and so our system broke. Tiede: That makes it challenging. Can we get Ralph back? De Weerd: He finally is here tonight. Tiede: Great. Well, maybe I should stop at that. De Weerd: Well, we found that Ralph is not always reliable in his attendance, so we need a system, because, you know, Ralph has told me he does not want to be our backup. Tiede: He does not. Okay. That's a fair assessment. Well, we feel, again, that these communication tools are key to the City Council, to other boards and commissions that take place in this room and so that's why we brought this to your attention. Microphones and other points that's of concern is the muting. Be nice to be able to do some more muting, having a little bit more control there, so Meridian City Council Workshop April 12, 2016 Page 26 of 57 that side bars or side conversations aren't always on record when they aren't meant to be. De Weerd: Well, they are not supposed to have side bar conversations. Tiede: Well, that -- De Weerd: So, I want them to be -- I want them to hear everything. Tiede: Would you like lapel mikes that -- De Weerd: I would like to have like in the interview things that -- or in the state capital building that when the microphone is one it lights up, so, then, I don't have to ask the council members if they remembered to turn their mike on. Tiede: That is one of the things -- one of the pieces of feedback, something that is more visible on the microphones knowing, hey, it's hot. Streaming I mentioned. The equipment is getting older and is starting to fail. We are having issues with it on a regular basis. You have probably noticed there has been a few times where our streaming has stopped and we have tried to scramble to get it back up and working again. Roundtable meetings, which is something that's been kind of a new requirement for budget hearings and whatno t, are not too very effective in this room at this point and that's something that we see more of a need for moving forward. It's a very good way to sit in a good discussion setting with different departments and directors and discuss really the things that are important to us regarding the budget. And, then, also audience, we have had concerns from citizens saying visibility in the back with these screens isn't that great, especially when you get a lot of information on the screen. So, just a few issues that we are highlighting here. We have quite a list, as you can imagine. So, the process that we have gone through to this point is we have gathered a bunch of the feedback, kind of compiled it, and started to make a list of requirements. We have sat down with various departments, directors, basically our stakeholders, the people that use this technology to try to understand what the needs are and build requirements off of those needs and, then, also prioritize those requirements. From there we took those requirements and we said, hey, look, let's go see what other -- what other agencies are doing, you know. Are there things that we can learn from? Are there things that they did well, things that we can improve on? Are there pitfalls that we want to avoid? We toured a few local facilities. We saw city of Eagle, city of Boise, and ACHD's meeting rooms and saw some of the things that they liked and some of the things they don't like. So, all to kind of give us an idea of what we would be looking for if we were to do something like this. After that we met with some vendors to get some budgetary numbers, just to get a feel for what replacing the technology in this room would look like. It's not cheap, I can tell you that. At this point we feel like we have gathered requirements. We would like to make recommendation to move forward with addressing the various issues that have been identified and I Meridian City Council Workshop April 12, 2016 Page 27 of 57 can provide you with a full list of those if you would like to see them. But, obviously, we would be looking to address items such as the smart board, the mikes and volume feedback issues. Audio and viewing, streaming, roundtable meetings. Even being able to do streaming in the Council chamber -- or the Council conference room if needed or maybe in Conference A and B with a mobile type option for streaming. But in the end trying to make our communication tool more effective and easier to use for the people that use them and really get our message out when these types of events happen, so -- we are looking at a projected cost of 300,000 dollars for everything. Like I said, not cheap. We could do pieces and see where we go from there. The down side to that is that there is a -- some of the big key issues, like the volume levels and the feedback problems that we have in this room, are going to take a big chunk of that money to fix. We are probably talking -- for the volume and mikes and everything, around 100,000 dollars alone, if not a little more. So, we could try to piecemeal it and see how we feel with different things moving forward, but what we don't want is we don't want to spend a bunch of money and, then, feel like we have the same problems and so at this point we would strongly recommend trying to move forward with the full -- the full project. W e have looked at doing this as an enhancement, but during that time we also talked to some other departments and talked to Finance at one point and they mentioned some funding that was set aside for capital projects for this facility, for City Hall, and so that -- that funding could be available to us. That is money that has been available for a few years now. It was really meant for capital projects within the facility as far as repairs or tenant improvements or things like that. So, that could be one option. But, obviously, an enhancement is another option. That funding that I mentioned, there are no projects slated for at this point. There is nothing earmarked for it. At this point I believe the plan will be to return it to the fund balance at the end of this fiscal year. But we do have an opportunity to use it for a project like this if so desired. So, what we are in front of you today to ask is where do we go from here. We can seek approval to use this funding if you would like. We could do it as an enhancement. We could take pieces of the project and try to address certain requirements or certain areas that are a problem or we can try to do all of them. We want your feedback. We want to know what you guys think is best. But, again, with -- keeping in mind that really what we are talking about is the effective communication to our citizens and to all us of. De Weerd: Okay. Council, any comments, questions, feedback? I do know we would like to see if we could move forward on this and ha ve it available for our budget workshop. Milam: Madam Mayor? De Weerd: Mrs. Milam. Meridian City Council Workshop April 12, 2016 Page 28 of 57 Milam: I think particularly to me important is the roundtable -- availability for the roundtable discussions. We have tried to have several meetings with other commissions and it's been very difficult. So, I think that will be a great improvement. But I didn't hear you mention anything about my standing desk. My request. Thank you. Tiede: Council Member Milam, thank you for -- Members of the Council, thank you for the feedback. We definitely want to make sure we address everything. That projected cost that we have does encompass all the requirements that we gathered, which includes being able to display things better in a roundtable meeting, but also capture it via streaming, better audio, so microphones that are -- something that we can set at a table. We will have la pel mikes as an option, that actually work, things of that nature. So, that is one of our requirements and something that's key to this project. De Weerd: But I will say it does fall short of your treadmill, stand up, work station. Sorry. That was cost prohibitive. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor. Dave, question. When it comes to the roundtable ide a, having not been through the budget workshops yet, not knowing what -- how it would work, ideally what the plan would be, how would it work with the table? Are you guys looking at some kind of a giant collapsible conference table or a set of tables, throwing a sheet over it? What's the plan? What would it look like? De Weerd: It doesn't get even as fancy as the sheet over it. It's just the tables. Milam: Bunch of tables put together. De Weerd: Uh-huh. Tiede: Council Member Palmer, Members of Council, Madam Mayor, it would be tables. We have tables, actually, that we have used in the past and we actually have some other tables that we have put aside and they would just be put out in this general central area. The idea behind the technolo gy, though, is something that is versatile enough that we can adapt to those needs, whether here in the middle or if it's here we will have cameras, rather than placement where they are at right now, they would be in key areas in this room, so that we can adjust based off the need and, then, also, again, the wireless mikes and having something that gives you kind of the same experience we have there, but in -- where ever you need to be in the room, so -- Meridian City Council Workshop April 12, 2016 Page 29 of 57 De Weerd: Yeah. I think it's important not only just for the budget workshop, but as we do joint meetings with either -- some of our partner agencies, with Ada County Highway District, or Ada County Commission, MDC, Planning and Zoning, it would be a little bit more conducive to discussion, even having the joint meeting that we are going to have later today, is to sit around the table in that format. It just is -- is not possible. As well, I know the -- the public really struggles during public hearings hearing what is being said by the Council, so I am constantly on top of you to sit next to your microphone and speak into it. That's why I count on Dean to say would you turn on your mike. Sorry. I though t that was funny. We would just like to be a more professional organization and be able to capture the public comments. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: I concur. I -- that's a huge number and I really don't like big numbers with dollar signs in front of them, but one of the biggest things for me is transparency and so whatever we can do to make what we -- what happens in this room more accessible, whether they are able to come to the meeting or not, I am all in favor of making whatever we have got to do happen so that we can be as visible as possible in any situation that takes place in this room. Tiede: Councilman Palmer, I do agree it is a big number. One thing that we will do as part of this is we will make sure we do a -- a competitive process, so there will be an RFP that goes out there on the streets and we will make s ure that it's as competitive as possible, because it is a lot of money. So, we want to make sure it's done right and responsible with taxpayer dollars. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Dave, can you talk us through a little bit more about this 300,000 dollars that has been available for capital improvements? I guess I'm -- I'm struggling right now with wrapping my head around AV upgrades as capital improvements and so I'm hoping that someone who is a subject matter expert can -- can help talk me through this. Tiede: I have a subject matter expert right here. Cavener: I saw him perk right up. Lavoie: Madam Mayor, Council Member Cavener, your question is a very valid question. It's a question that Dave and I have been talking about. Again, the funds are available for capital improvements for the City Hall infrastructure. Not Meridian City Council Workshop April 12, 2016 Page 30 of 57 until we have the detailed idea -- or detailed scope of what's going to be acquired -- hence why David used the word could use the money. We have to see what's going to be acquired and whether or not it's allowable and meets the classification of capital threshold. Again, buying a laptop does not meet our capital threshold. So, again, we want to be able to see the details, but we did offer it Dave as an option if the plan, the scope, does meet the allowable items, we could consider using those funds, but not until we see the scope and see the details will we be able to deliver you a true answer, yes, we can or, no, we cannot use those funds. Cavener: Thanks. De Weerd: And this system was supposed to have a ten year life to it and it -- it just has fallen short of what we had anticipated. Bird: It's only two years off. De Weerd: It's -- yeah. Actually, a year and a half off, so -- to be technical. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: David, if we give you the go ahead when is this going to be done, as the Mayor mentioned something about budget hearings and I'm going that's only a few months away. Tiede: Council Member Bird, if we got approval we would start working on an RFP process as soon as we could and, again, try to gauge whether or not that would meet that capital project funding and, if not, then, we would have to proceed with an enhancement that would be part of the budget process. Bird: So, what you're asking for today, David, is a go ahead to come back and get final approval, if you can meet -- if it meets the money available. Tiede: Correct. Bird: Is that right? Am I right? Tiede: Correct. Bird: Thanks, David. Borton: Madam Mayor? De Weerd: Mr. Borton. Meridian City Council Workshop April 12, 2016 Page 31 of 57 Borton: It would be my preference -- sorry. Sorry, Dean. Bird: His ears just went -- Borton: I screwed that up. De Weerd: We do appreciate your extra effort. Borton: It would be my preference to include the full amount as an enhancement. For the purpose of building your budget now -- you might be doing that already. Whether some or all of that can be reallocated down the road when you get to final details into the existing capital projects, that's fine, but for the purpose of building the budget I would include it all. Tiede: Council Member Borton, that is absolutely doable. We can include that. Borton: And I think you have got even better success. I mean you use the word refresh, it's not a budget enhancement or expenditure, it's a refresh. So, for every department if you're going to spend funds and it's a refresh of this or refresh of -- that was pretty good. De Weerd: Refresh. Borton: Refresh of -- Bird: That's what my computer says and I don't know what that means. Borton: And I agree with Councilman Palmer with regards to the purposes, making this accessible to everybody, not only the -- the employees, but all the members of the public. Absolutely critical. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I'd have to agree with Councilman Borton. As much as I would love to see these improvements happen last week, I really think it needs to come through as an enhancement. If we are -- if we are even questioning if it falls within a capital improvement, then, let's just be transparent, bring it back as an enhancement. I'd like to see the -- the pieces and the assumed dollar cost associated with that. If there is an ability to do some immediate fixes, replacement mikes right now, I'm on board with something along those lines. But if we are looking at a 300,000 dollar price tag for the whole project build out, then, I would like to see it come back as an enhancement, which is part of the budget. Meridian City Council Workshop April 12, 2016 Page 32 of 57 Tiede: Council Member Cavener, that is a fair decision. So, if that is the direction of the City Council that's what we will do. De Weerd: Well, what we don't want to do is waste money. We don't want band-aids. We need a fix. We already know the system does not work well and -- and, unfortunately, unless I have Robert sitting in back of the room and wave at us every time you speak on if he can hear them or not, it's not reliable and when we get up here having our discussion I try and remember to remind people to speak into their mikes, but I'm not always paying attention to that, I'm listening to what they are saying. So, I just think we already know our system doesn't work and we don't want to ban d-aide it. If you will bring a recommendation back. It sounds like Council is ready for a recommendation and -- and what kind of process moving forward the budget enhancement -- it will bring transparency whatever funding mechanism we -- we approach, but how -- how soon do you think that that will come back? Tiede: Madam Mayor, Members of the Council, it depends, really, on what direction you would like us to go, as far as an enhancement or try to pursue the other funds. It sounds like the direction I have been given is to come back with an enhancement. Is that an accurate statement? Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I don't -- I have been hearing mixed -- totally mixed messages as well, so I'm not sure the way that Councilman Cavener interpreted what Councilman Borton said was different from the way that I did, so -- De Weerd: Come back with a cost -- come back with a cost and if we have the funds currently available -- we know it's capital and if we need an enhancement, come back with an enhancement at the time you come back with the update. Tiede: Okay. At this point I would say that this projected cost is as good as we are going to get until we go out to RFP and we cannot go out to RFP without having funds allocated as far as I know. De Weerd: Good job. You just have to stand up and he -- he already heard you. Okay. Council, are you comfortable moving forward with an RFP? Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Workshop April 12, 2016 Page 33 of 57 Palmer: I -- I'd rather it be as an enhancement. I mean we made it sound really dismal. The microphone is working. I assume it's streaming. The room is not falling apart. I think, you know, we are okay to, you know, do it through the budget process. That's my preference. De Weerd: And wait until next year? Palmer: Yeah. De Weerd: Okay. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Well, I -- my feeling is that we have the money -- if the money is available, if this counts as a capital. If the equipment does -- if it does qualify, then, I would be okay moving forward sooner and, then, if not, then, bring it forward as an enhancement through the budget. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Well, I'd -- I'd like to see it come in as an enhancement, too, but if we have got the money sitting there that we -- that we put aside years ago for stuff like this so that we didn't have to have enhancements every year, and the money is pretty transparent out there, it comes out every year in the audit and everything else, I'm like Councilwoman Milam, if we can get this done sooner the better, because I think most of us -- and I'm probably the least high tech person on this Council, but I do understand that prices change about every month and data and stuff changes about every month. So, I'd like to see -- at least come back with a pretty firm cost and see what it is and at that point we can make the decision whether to enhance it or finance it if it -- if it meets the criteria for capital improvement. De Weerd: So, I guess the big thing is let's put it on next week. Let's figure out if it's a capital cost and we will bring that back. You have as firm a cost you're going to get until it goes out for an RFP and -- but we will -- we will bring back next week on -- if this qualifies as a capital expense, because we can't put it out until we have a funding stream available for it. So, if Council agrees we will have this on next week. Nod of heads? Cavener: Madam Mayor, maybe a question for Todd. De Weerd: Okay. Meridian City Council Workshop April 12, 2016 Page 34 of 57 Cavener: Todd, if -- if we take this through the budget process as an enhancement in the summer and we -- the Council, after hearing from public testimony the Council decides this is something we would want to include, at that point could we go out for an RFP? Because the Council's already budgeted for it? Lavoie: Madam Mayor, Councilman Cavener, I'm going to lean on Keith Watts here just to double check, but as we stated I believe we cannot go -- we should not go out to an RFP until we have the budgetary dollars appropriated by the city Council. So, not until you appropriate the funds, which would be October 1 officially, would Keith Watts be allowed to move forward with an RFP. De Weerd: This is a team approach. Watts: Councilman Cavener, Madam Mayor, Council, once the budget is set I would feel comfortable with going out for the RFP. We are looking at six to eight weeks from start of RFP to award date, contract date. I would want to back that up to try to be ready to go October 1 if that was going to come back as an enhancement, so we could place the order October 1. That would be my goal. If -- if it's decided that the funds are available now, then, we could go out immediately and we would be looking at around eight weeks before we awarded. Once the RFP is put together and out to the street. I know -- I can understand David's is in a tough position, because he's got an estimate. He can't get a much better estimate unless you guys do an RFP and it's just not fair to our vendors to have them go through this effort to do it and nobody is going to hold their prices in technology for any amount of time, so -- De Weerd: They are usually good for 30 days. Watts: Correct. Cavener: Thanks. Holman: Madam Mayor? De Weerd: Yes, Jaycee. Holman: If I may weigh in and part of the reason that I came forward with this proposal with Dave and had him work with Todd on it is because we have got a couple pieces of equipment that were my main concern, being the smart board and the Tricaster. They are starting to work sometimes intermittently , which is usually a precursor to failure. So, my concern is either one of those pieces fails before October 1 and the RFP process and going through all this, I don't want to end up with a piecemeal project to where now we are operating under an emergency. We have to try to hurry up and find some smart board that plugs in that maybe doesn't work effectively with a consolidated system when you're Meridian City Council Workshop April 12, 2016 Page 35 of 57 looking at it holistically as a whole project. Now all the pieces work together and everything was planned effectively. So, I realize that both those pieces could continue to work intermittently from now until, you know, two years from now, but that was my main concern was trying to bring it forward now is to avoid having two expensive pieces of equipment fail an d, then, trying to emergency piecemeal and band-aide a piece in there, so -- De Weerd: We could rent something. Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: This might speed it up somewhat. If -- if staff determined that what's going to be incorporated in this qualifies as a capital project as we have defined it, and the funds that are available for that, if that determination is made it doesn't necessarily need to come back to Council to tell us that. If that's the determination, then, I would suggest you go forward and develop the RFP and that is what comes back to Council. Bird: Yeah. That's right. Borton: Because if staff says it's -- it's a capital project, we are not going to say it's not. I don't -- I'm not. Right? We trust your judgment. So, if that's what it truly is and it's funded appropriately, then, just bring back the RFP and we will get after it. And, if not, then, we go through the enhancement process. De Weerd: Okay. That sounds fair. Tiede: Madam Mayor, Members of the Council, that's what we will proceed with. We will determine if that funding can be used and bring it back to you next week. De Weerd: Okay. Great. Tiede: Thank you. Appreciate your time. D. Information Services: Budget Amendment for Agenda Manager Replacement Software Purchase for the Not-to- Exceed Amount of $18,950.00 De Weerd: Thank you, Dave. Okay. Our next item is information services. Is that you, too? Jones: That was me. De Weerd: Oh, over there. It's like where did that voice come from. Meridian City Council Workshop April 12, 2016 Page 36 of 57 Jones: I'm hiding over here. Madam Mayor, Members of the Council, we have a budget amendment in front of you to purchase replacement software for our Agenda Manager. Agenda Manager is the system and the tool that we use to create our agenda packets and the agendas that you see. We have been using it for about eight years. The system includes work flows so that documents that you have in front of you have all been thoroughly reviewed and vetted before they appear before Council and they have allowed us to export items into the sort of tidy packets that you all use. It is a laser fiche product. Laser fiche is the system that we use for our archiving of our documents. It's -- you use searchable documents, which is their external version of that laser fiche product. In the last 12 to 18 months we have had a decrease in the functionality of that software. When it breaks errors occur. We call their tech company and oftentimes their tech company is unable to help us. More often than not is is our IT team who is able to fix that for us and get us back on track. In addition to that, laser fiche is preparing to sunset Agenda Manager, which means they are going to phase it out and no longer support it at all and because we knew that was coming we chose not to pay our maintenance fee for this particular year. All of that being said, laser fiche has now sort of put the pressure on us that we -- we will need to pay the maintenance fee with them or lose Agenda Manager all toge ther. So, we have some choices. We can pay that maintenance fee, it's about 2,100 dollars, and that will buy us time until FY-17 we can come back with an enhancement to purchase another software. We have to know, though, that if we go ahead and spend that money and we have problems in the next couple of months, we will not receive any tech support from laser fiche. So, it's an important detail. So, where we are standing it appears like a waste of money. Once we make the decision one way or another to notify a laser fiche of these intentions we, basically, have 60 days to migrate to a new system before they disconnect us from the server and we lose access to the software. So, we started looking at other options. We have looked at three different software options. We looked at Granicus, which is a system used by the city of Eagle. The system was really expensive and it complicated processes that we have already simplified and felt a little like going backwards. I think if we were maybe in a different position or different size city it might be a good fit. But it just wasn't for us. We looked at Accella, the legislative management module of that. As you know we have Accella land management that we use for all of our planning and zoning project files. That system was really expensive, about -- a little more than 50,000 dollars annually and it doesn't seamlessly transition with our laser fiche software or with their existing Accella modules. So, we would still be doing data entry on both sides. And, then, the other one that we looked at was NovusAGENDA, which is the budget amendment that we are proposing for you. So, the yearly cost of that is 18,950 dollars. We were impressed with the demo of Novus and I think that I sent you the link on Friday, so you might have had an opportunity to kind of look at an overly brief demo of that. But there is some benefits specifically for use in this room. For Council and Commissioners you have the ability to review the documents in the system in advance and take personal notes. You can view the Meridian City Council Workshop April 12, 2016 Page 37 of 57 entire packet in one document using bookmarks, as opposed to the folder structure that we use now. The benefit of that is that you can navigate around on it in a much easier fashion and it's mobile compatible, you can be working off of your iPad or your iPhone, you don't have to be sitting in front of your desktop to do it, which I know is really helpful for most of us in the wor ld that we live in now. It also allows for electronic voting, which I know is something that we have talked about in the past. There is additional benefits for the public. It allows a really nice online streaming. The way that they do it it allows the citizen to see the presenter and the presentation in kind of a split screen or it allows the citizen to see the presenter and the agenda, so that they can follow along with where we are at. As we move through the agenda books are created in the system so that when the video is up loaded to the website the agenda items become linked -- hyperlinked, so you can look at the agenda and a citizen can click on a specific item on the agenda and watch just that clip from the video, which I think for public hearing would be beneficial. They don't have to fast forward through two or three hours of footage to get that little five minute clip that they are interested in. It's also searchable. So, anything that we put into the system becomes searchable. So, if you type in key words Well 27, for example, you would received all agendas, all backup documents and all videos associated with that search term. So, for public transparency I think it would be a huge win for us. And, then, on the staff side, obviously, because we want it to be beneficial for our team as well, it does integrate with laser fiche, so it will reduce staff time archiving records. It will continue to help us move toward paperless packets and electronic signatures. We have fully customized our workflows, which is going to be a huge benefit for us. There is still a lot of things -- budget amendments are a good example of this where we walked the hard copy around the building, which is just not the most efficient way to do business and I think Finance would probably love another option. So, we can develop work flows not only for different m eetings, but for different types of documents as well and it also allows for automatic meeting noticing, so when we are -- when we finalize the agenda now we e-mail it to you independently and, then, we also post it on website and we do our RSS feed on our website and, then, we use a separate tool to do an e -mail out to the citizens who signed up for that subscription and, then, we still post it. So, it's about four steps to make that public contact in addition to putting all the information in a searchable document system that you use and this would allow us to do it in one click. So, when the packet is done it would automatically post to all of those systems. NovusAGENDA is currently deployed at over 300 locations in the U.S. It's got clients that range in size from the city of Los Angeles down to like the city of Vale, Colorado. So, we have got a good span of population size. I reached out to 25 of their current customers. Commonalities between all of the responses basically highlighted on Novus' exceptional service, quick response time, mobile device compatibility and citizen engagement. I have specific feedback if you're interest in any of that. But across the board everybody that is using it or that we have heard responses from seem to really appreciate it and have appreciated that their citizens are allowed to engage in a way now that weren't able to before. So, after researching options and speaking to current Meridian City Council Workshop April 12, 2016 Page 38 of 57 customers, we think Novus is probably the best fit for our current business model and we do understand that handling this through a budget amendment is not ideal or I could call it a refresh, but I know it's not ideal, but it doesn't also seem fiscally responsible for us to go ahead and pay to do maintenance on a software that we are not going to receive maintenance or support from. So, all of that being said, I'm happy to go with whatever direction and insight you want. So, I'm here to stand for questions and I have additional information if you're interested. De Weerd: I think anything that's going to make that packet easier to search is -- is like hallelujah. As you were trying to find the letter from the school district and you have 72 pages to -- to flip through and you still don't find it -- Jones: Agreed. And it's a lot of work on our side to creating that. So, you would -- it looks -- appears like you would be able to view the agenda. You would click on Item 5-A and you would see the documents specific to that and I meant that's -- the citizen would be able to see on their side as well. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, I viewed the demo of it online and one thing that stood out to me is that it's not pretty. It's not shiny at all, which leads me to believe that it's -- they spent more time in building in functionality than making it pretty so they could sell it and so I -- unless there is any other questions -- because I jumped in there -- all right. Then, Madam Mayor, I move we approve the budget amendment for -- to replace the Agenda Manager software, the amount not to exceed 18,950 dollars. Milam: Second. De Weerd: I have a motion and a second to approve Item 8-D. Any discussion? Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. E. Public Works: Budget Amendment for FY2016 in the Not-to-Exceed Amount of $275,000.00 for the Construction of a Water Treatment Facility at Well #27 Meridian City Council Workshop April 12, 2016 Page 39 of 57 De Weerd: Just a note, budget amendments can't be pretty. I think, Warren, that's your cue. Item 8-E under Public Works. Stewart: Well, I got some pictures for you in this budget amendment and you can be the judge. So, Madam Mayor, Members of the Council, I put together just a small presentation to go along with this. I know that the budget amendment that we are requesting is a little bit substantial, so we wanted to make sure we gave you an opportunity -- or I gave -- provided an opportunity for some of the Council members who may not be familiar with the well head treatment program to understand where that came from, a little bit of history behind it. I will try and make it quick. I know you guys are anxious to move on to other things, so -- but I did want to make sure that we provided good information for folks. I wanted to make sure you have the information you need to make a good decision. So, just the agenda, we are going to talk a little bit about the background, about the budget amendment itself, the schedule and the cost and, then, provide opportunity for questions. So, many of you have seen our actual diagram and -- well, I guess it's not a diagram, it's an actual physical display that we had up in our conference room upstairs that shows our aqu ifer. These are actual well cuttings from one of the wells that we had drilled that basically describes the aquifer underneath the City of Meridian and just to kind of give you a real quick overview of the challenges that we have there, there is -- there is a shallow aquifer centrally down to four to six hundred feet and, then, there is a deeper aquifer below that. In the upper aquifer we run into challenges with high radio nuclides, nitrogen or nitrates, which are contaminants that are regulated by the EPA and we have to be able to get underneath the maximum recommended contaminant levels for those things. In those upper aquifers that can be challenging. In the lower aquifer we run into other contaminants. Iron and manganese and sulfur smelling gas tha t you -- ammonia and H2S gas that smells kind of like rotten eggs, which can be taste and odor issues for the citizens of the City of Meridian. Iron and manganese are secondary M CLs and what that means is the EPA has not set absolute maximum contaminant levels that you can have. They set recommendations as far as the contaminant levels that you can have, whereas radio nuclides there is an actual limit that we have to be able to meet. So, the challenge we have is when we go around the City of Meridian and we drill these wells, we have to find the best balance and in some locations we have real problems with the upper aquifer in finding good quality water and so we have to go to the lower aquifer. That puts us down in the zone where we can get iron and manganese precipitation and what happens is when we bring that water up -- actually, that iron and manganese is in solution down in the ground. When we bring it up we are required to hit it with chlorine, because we have to have the chlorine residuals to go through the distribution system to make sure that we kill any bacteria in the distribution system. When you hit that water with chlorine, the iron and manganese precipitate out. Now, there are no known health concerns with iron and manganese. However, they do cause taste and odor issues and the EPA is considering or looking at the possibility of having an actual MCL for manganese in the future. So, it's something that we have to Meridian City Council Workshop April 12, 2016 Page 40 of 57 keep an eye on. Brown water or the iron and manganese that precipitates out of our water when we bring it up and hit it with chlorine, is the largest source of customer complaints in our water system. These photographs actually were taken by a customer and sent to us. They are probably associated with one of our flushing operations that we tell people that this is something that you will experience. But, nevertheless, this is what can happen and what -- what this does is it can stain -- if it happens over a prolonged period of time it can stain your plumbing fixtures, it can stain sidewalks. We have actually had claims against the city for the fact that it stained clothing in dry cleaner operations and things like that, so -- and in other situations. So, it has been a source of some actual claims against the city. So, it's something that we felt like we needed to address. It actually causes taste and odor issues, as you might imagine. De Weerd: We used to give out Reddit or something like that. Stewart: Right. Another picture here to the right of the -- of this little slide shows the water. That's actually coming out of our distribution system in a flushing operation and you can see it's nearly black. That's manganese precipitation in water. Now, generally speaking, when we have typical usage during the day, the velocity of the water through these pipes isn't sufficient to really stir that up. But anytime we had an incident, whether it be a fire flow related incident or a flushing incident, it stirs this sediment up and as you can see it can cause some real ugly looking water. So, in 2012 the Public Works Department brought a presentation to the City Council and said this is a concern, we get a lot of complaints from citizens, it's an issue out there, what would you like us to do and we, essentially, decided on a course of action at that time to improve or treat the water that comes out of these wells with treatment systems. In addition to that we started development of what we call a uni-directional flushing program. It's a more robust flushing program than we currently use that allows us to scour the system more thoroughly and remove these contaminants out of the pipes. We have been in the development of that uni-directional flushing program. It's a lot bigger deal than it might seem on the outset and we are getting close to the point where we can implement that and we also started treating the wells in pressure zone two. Pressure zone two is the largest pressure zone in the City of Meridian. It serves the most customers. It also has some of the wells that are most affected by iron and manganese, so it seemed like the appropriate thing to do. If we can get all of pressure zone two cleaned up, then, we will essentially -- it will allow us to do two things, one, reduce those immediate concerns to the customer s and, secondly, once we get these precipitants so that they don't get out in the pipes, we can do this uni-directional flushing program in pressure zone two and clean that out really well and, hopefully, that that will really mitigate future issues and concerns with regards to brown water if you will. We have completed two projects in that effort so far. That's Well 21 and Well 19. Those projects have been done and the results have been excellent. Water quality coming out of those wells has been significantly improved and we are now able to utilize those wells as primary sources of water, rather than occasional sources of water, which Meridian City Council Workshop April 12, 2016 Page 41 of 57 does a couple of things. One, it allows us to take the load off a few of the other wells in the system that were -- we were essentially overpumping and when you overpump the well you risk drawing in other contaminants in there that you may not see otherwise. So, this is really going to help us to maintain the quality not only of the water coming out of these wells, but I think actually prolong the wells that we are using instead. So, just a little bit of a schedule. So, Well 27 is a -- the project is a two year project and year one was in 2015 we completed pilot testing. We also completed, essentially, equipment procurement. So, what that second bullet there is is equipment performance specifications. We had to write up some specifications so we could go out for bid for the actual filter equipment itself. So, that has been and the filter equipment has been purchased. It's actually being built. It's going to be ready to ship out relatively soon. We also -- well, that was, essentially, what was done in year two. In year -- or in year one. In year two, 2016, we designed the building and the other things around the fi lter. These filters are all -- the manufacturer of these filters all do them -- do them -- do them just a little bit different, so we have to get the filter purchased, they have to be able to show us exactly what they are going to put in, then, we can bui ld all the other infrastructure to fit it or around it. So, that design is under contract. The design piece of it has actually been done. The design consultant has two more pieces of that, which would essentially be SDCs and some inspection services. SDC stands for services during construction and some inspection work. There is also some special inspections that will be required for this particular project. The money has also been obligated. So, the one thing that is pending is the construction of the actual filter building and the piping and other things associated with the new filter. So, getting to the -- the meat of this story, the original budget amendment for 2016 was based on information that we had on the other two filter projects which we had done. However, that had to be done last year during the budgetary process. So, almost this time of year last year. And a lot of the information around the actual filter tank size and everything else hadn't been determined yet. So, we had to get that information. Now that we have that information we understand that this filter is going to be significantly larger than some of the other ones that we have. It's going to require a bigger building and other facilities that go along with that. We also know that the construction environment right now is pretty busy and we have been seeing prices go up on a lot of the projects that we have been doing. So, we had -- in the 600,000 dollars to start with we have 68,000 dollars in obligations for design consultant and for special inspections, which leaves the available funds for about 532,000. We bid the project out. The low bidder for the project turned in a bid of 734,000, leaving us with a deficit of about 202,000 dollars just to get the contract awarded. We have included a ten percent contingency fee in there. This is not -- well, money that the contractor sees, these are monies that we have available for unforeseen conditions. If we don't need that money it remains in the Enterprise Fund and would require additional Council action in order to spend it. But it's unwise to embark on a project of this size having every dollar already spent to start with. So, we feel it's important. We know that our budget amendment process is a timely process and rightfully so. It takes time to evaluate these Meridian City Council Workshop April 12, 2016 Page 42 of 57 things. So, we want to make sure that if we run into something unexpected on the job site during construction, that we can address that in a timely fashion, otherwise, we actually can end up spending more cost and delay damages and contractor's fees and the potential change over would cost in the first place. So, the total budget amendment request is for 275,000 dollars to go ahead and complete this project. One of the other things that I think is -- is good to note, excuse me, when you could look at the actual cost per gall on of the three projects or the two that we have completed compared to this one, the actual cost per gallon of this project, even though it's more expensive overall than the other two projects, the cost per gallon falls right in the middle. So, I think the value that we are getting for the customer is actually there. We are getting a good value for the money and so with that I will stand for any questions and ask for your support. De Weerd: Thanks, Warren. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing no questions, I move that we approve the budget amendment not to exceed 275,000 for construction of water treatment facility of Well 27. Milam: Second. De Weerd: I have a motion and a second to approve Item 8-E. Any discussion from Council? Madam Clerk. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Warren. Stewart: Thank you. Appreciate it. F. Approval of Award of Bid and Agreement to CHALLENGER COMPANIES for the “WELL 27 TREATMENT FACILITY - CONSTRUCTION” project for a Not-To-Exceed amount of $733,182.54 De Weerd: Item 8-F is approval of the award of bid and agreement to Challenger Companies for Well 27 treatment facility construction. Is anyone going to make Meridian City Council Workshop April 12, 2016 Page 43 of 57 any comment on that or going to just leave it up to the Council to make up their own? Barry: Madam Mayor, we were just a little excited there, so we are back for more. Stewart: I apologize. I actually meant to say something about that at the end of the last item, but item number two is the actual award of the contract for the budget for the associate project, which we just discussed as part of the budget amendment, so -- De Weerd: I would have made up something much more colorful, but -- Stewart: Sorry. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Warren, how many -- how many bids did we have? Stewart: I would have to look and see. Eight. It sounds like we had eight bids. Bird: And we go from the 733 to what? Stewart: Do you guys recall what the highest bid was? Watts: Councilman Bird, Madam Mayor, Council Members, I don't have the bid abstract in front of me, but I believe it was over a million dollars our high bid. It was substantially higher and we had several right around this area, but I know our range was pretty vast. Bird: Mr. Watts, when -- I'd like to go back to the old way of doing this. When we have -- on your cover letter, put down three bids. If we got three bids put down the three bids -- Watts: Okay. Bird: -- the one and the next two, so -- so the other councilmen and the people -- I know, because I -- I'm the liaison this year to that group, but let the other people see how the bids are coming and how -- how it's doing, so -- and it just takes a couple more lines. Meridian City Council Workshop April 12, 2016 Page 44 of 57 Watts: Yeah. And Councilman Bird and Council Members, that is our typical process. This was an anomaly, because it came as a department report instead of -- when the purchasing department typically submits that you get all those documents and I'm not sure if those were not employees -- De Weerd: It's on page 17. Watts: Okay. It should be in your packet. It should have all the information. Bird: Okay. I appreciate that. Thank you. Watts: Sure. Bird: If there is no more questions, I will make a motion, Madam Mayor. De Weerd: Mr. Bird. Bird: I move that we approve the contract and agreement with Challenger Companies for Well 27 treatment facility for the sum of $733,182.54. Milam: Second. De Weerd: I have a motion and a second to approve Item 8 -F. Any discussion from Council? Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. G. Human Resources: Benefit Costs for the FY2017 Budget De Weerd: Item 8-G is under our Human Resource Department. This is presentation number two in a series of three. Welcome back. Ritchie: Thank you. De Weerd: We like this HR-Finance team. Ritchie: Madam Mayor, Members of Council, thank you again for having us this evening. As the Mayor stated, this is part two of our on the road show for the month of April presenting information for budget considerations and budget discussions. So, tonight we are going to talk about healthcare benefits. Tonight we are specifically going to focus on our group health and related benefits policy. Meridian City Council Workshop April 12, 2016 Page 45 of 57 The purpose of our benefit committee meeting. The factors of our healthcare benefits. We are going to discuss with you and share with you an overview of our current healthcare plans. We are going to provide you some wellness program statistics. We are also going to show you some information on what we are doing to prepare for FY-17 and, then, we are going to wrap up with some action reminders and, of course, stand for questions. So, again, we communicated this last week, but, again, we are going to be providing you a lot of information to consider tonight. The topics that we are bringing forward to you this month do have significant budgetary impacts. The reason we are coming before you earlier on in the process is to give you an opportunity to process the information that we are sharing with you and to also give you an opportunity to ask us any questions that you may have and, then, Todd and I will come back at the end of the month to answer any questions and, of course, to receive your direction and feedback. Or direction. Excuse me. So, topic for this evening is healthcare benefits and we do have a policy in place that supports our benefit program. It's policy number 5.1. This is our group healthcare and related benefit policy. The purpose of this policy is to insure that all available benefits -- or to outline available benefits to all eligible city employees. As an overview the city is to provide eligible employees here at the city a comprehensive health, vision, dental, life, short and long term disability insurance, along with voluntary life insurance plans, deferred compensation and limited disability programs, 401(k), and a cafeteria plan. So, a portion of the premiums to be paid are to be paid by the city employees, as well as a portion by the city itself. Each eligible employee receives benefit information during their new hire orientation. They have ample opportunity at times to visit with us here in human resources, specifically Christena Barney, our benefits administrator, answer any questions that they have. She's available to help them enroll in their benefits and they get that process in a timely manner. We define our eligible employees via our policy handbook as full-time or seasonal employees who work more than 30 hours per week for more than six months. Those are the individuals who are considered benefit eligible at this time. One thing to keep in mind is that our benefits are subject to change, which is why we revisit the plan from the packages every year and the benefits are also not guaranteed from year to year. So, we do have a benefits committee in place. The benefits committee has been in place for at least 12 years, if not more. The members have changed from year to year. Here is a listing of our current committee. We have Christena Barney from Human Resources, Tom Barry from Public Works, Rita Cunningham from our Finance Department, Todd Lavoie from our Finance Department, Bill Nary from our Legal Department, Barb Knoll from our Finance Department, myself, Robert Simison from the Mayor's Office, Eric Strolberg from the Police Department, Scott Warren from the Fire Department and, then, we also have Merser, who are our external consultants. That would be Lois -- excuse me -- Lois Morritts and Denice Bunch. So, the purpose of the committee is to develop a cost effective and comprehensive or competitive benefit plan as defined by the city's strategic plan. So, one of the things here is that in order to continue to attract and retain high caliber employees and be a premier employer here in the city, we must have a Meridian City Council Workshop April 12, 2016 Page 46 of 57 competitive and effective and benefit program in place. So, here are the goals of the benefit committee. It's to create a competitive benefit package that will attract and retain our employees, manage costs for the city, as well as for the employees that is sustainable. Remain compliant with the Affordable Car e Act and provide employees a choice. We do partner with a benefit broker. The benefit broker that we used is Mercer Health and Benefits and they have been our broker since 2007. They provide market trends, market comparisons, statistics, guidance and advice on the many various aspects that make up our comprehensive benefit package here at the city. They are also assisting and guiding and educating the committee members themselves, so that we are in a good position to make the best benefit decisions possible for the city, as well as for our employees. So, here are the factors of our healthcare benefits. We provide the employee a choice -- employees a choice. It is ACA compliant. It's fair and competitive. It's fiscally responsible. It allows us to attract and retain high caliber employees and in addition to that we consider the experience rating. So, what I would like to share with you now is a little bit of an overview of our health plan. So, our current health plans that we offer, one of them is a traditional PPO plan. We also offer a high deductible health plan, along with a health savings account. The city's contribution to that savings -- health savings account is a thousand -- excuse me -- a thousand dollars per year for employees only. Fifteen hundred dollars per year for employees, plus one, or 2,000 dollars per year for employee plus two and/or a family. The health savings account contribution is not guaranteed each year. The contribution amount is the difference between the premium from the PPO and the high deductible health plan and the city's cost is equitable, regardless of what plan the employee chooses. As it relates to premiums, historically the city has paid for the employee medical coverage premium for all of our employees and, then, a significant portion of the cost for dependants. We did make a slight change for 2016. Prior to 2016 we had 80-20 coverage splits and when we moved into 2016 we went with a 75-25 percent split. Employee -- we do have an employee coverage premium of 40 dollars. That 40 dollars was instituted in 2016. Our employees do receive the opportunity to obtain a premium discount, allowing them to buy down their employee premium to zero with their participation in our wellness program and if they are a nontobacco user. So, here is a little bit of an overview of our 2016 numbers as it relates to our employee premiums. Currently we have 287 city employees paying zero for their employee medical premiums, because they are in wellness and nontobacco -- they receive the wellness and nontobacco discount. We have 65 employees paying a 15 dollar employee medical premium. They receive that non-tobacco discount. We have three employees paying a 25 dollar employee medical premium. They receive the wellness discount. And, then, we have 11 employees who pay the full 40 dollar medical premium. They do not receive a discount. The nontobacco discount is available to employees that are tobacco users who enroll in and complete a tobacco cessation program, either within three months of the new plan year or within -- excuse me -- or within their hire date. The wellness discount is available to those employees that complete an annual biometric screening, select how Meridian City Council Workshop April 12, 2016 Page 47 of 57 they get those discounts. In front of you what you have now are a little bit of wellness program statistics. There in the first chart that you have at the top, this is the percentage of participation that we have made for several years and what you will see here is that the participation has been growing since 2011, 2012. The second chart that you have in f ront of you is our participation numbers year over year going back from 2011, 2012 to 2015. And what this information is sharing with you is that -- it shows an increase in participation from our employees here at the city, a decrease in their sick leave usage and a decrease in our overall experience rating. So, let's talk a little bit about ratings and rates. So, the city's medical premium stats are based on the experience rating. The experience rating is a calculation that's derived from the premiums paid versus claims paid. So, in essence, if our premiums paid are higher than the m edical claims paid out, then, we have an experience rating below a hundred percent and vice-versa, if our premiums are lower than the medical claims paid out, then, we have an experience rating of over a hundred percent and ideally an optimal experience rating for the city would be at 85 percent or lower. So, you have a graph there at the bottom that shares with you the medical benefit analysis year over year from 2012 to 2015 and you will see that our current medical experience rating is at -- or in 2015 it was at 102 -- a little bit over 102 percent. Lavoie: Thank you, Crystal. Madam Mayor, Members of the Council, I'm going to -- excuse me. I'm going to present to you three slides that will give a general overview of the finances that the city has incurred over the last number of years. This will give you general information of what we are spending our benefit dollars on for the medical benefits. Again, the slide here, what we have is the benefit dollars by distribution. We work with our medical provider and also Mercer, our broker, to get us this information. So, this information is straight from the medical providers. We just consolidated it in our house here. So, between the Finance Department and the HR Department we put these stats together and what you're looking at here is from 2003 to 2015 the total cost to the city for providing the medical benefit coverage -- you will see three categories. One is employee, one is spouse, and one is child. So, if we look at 2015, these are the actual dollars provided to the employee, to the spouse, to the child by claim for 2015. So, in 2015 the employees submitted 1.62 million dollars worth of claims. The spouse submitted 1.15 million dollars worth of claims and the children, the dependents, submitted 990,000 dollars worth of claims for medical coverage for 2015. So, you can see how the numbers of claims are growth over the years and that's due to, obviously, a higher staff number and higher medical costs. Oops. There we go. Here is another presentation of the medical cost. What this slide shows you is the distribution of dollars by relation. So, if we go to 2015 again, what this tells you is of all the dollars that we have had in claims, 43 percent of all the claim dollars went to the employee, 31 percent of all the claim dollars in 2015 went towards the spouse and, then, 26 percent of all the claim dollars went to the child. So, again, this is information to help you give us direction and guidance, hopefully by the end of the month. Again we are available for any questions if you need more statistics between the HR Department and the Finance Meridian City Council Workshop April 12, 2016 Page 48 of 57 Department and the medical provider, we should be able to get you any data that could help support your decisions and guidance for our April 26 meeting. And, then, the last slide here is a total cost and a graph -- in a bar graph setting with additional information of 2016's current budget and what we project 2017 total budget to be for the upcoming budget year that we are discussing right now. So, you can see it's -- it's still growing and that's because we are adding more FTEs and we are growing the cost of the medical coverage, as Crystal stated. A CA has increases, so, again, more information for you to help make a decision on which way we should go for fiscal year 2017 in the two departments available to you for questions. I'm going to hand it back to Crystal. Ritchie: Thank you, Todd. De Weerd: Hey, Todd. So, that was just for medical insurance? Lavoie: Madam Mayor, this particular slide right here? This particular slide right here represents the cumulative cost of the entire benefits -- De Weerd: Wellness benefits package. Lavoie: That's everything. The prior two slides were just the medical benefits. This was inclusive of everything. De Weerd: Can you maybe follow up and give a cost per employee per month breakdown? I know it's just an average. Lavoie: So, Madam Mayor, if I can just clarify that. You're saying cost per employee per month. Do you want this -- De Weerd: I would like medical insurance and the total benefit package. Bird: Take the 5.7 and divide it by the employees. De Weerd: I think Todd probably knows how to -- Bird: Yeah. I know he does. De Weerd: -- split the beans on the -- Bird: He asked a question. Lavoie: Count the beans, crunch the numbers? Madam Mayor, we will go ahead and get this to you. De Weerd: Thank you. Meridian City Council Workshop April 12, 2016 Page 49 of 57 Ritchie: Thank you, Todd. So, here is what we are doing -- excuse me -- for the FY-17 planning and preparing. What we are doing now. This is the work that we have been collectively working with our benefit committee, along with the Finance Department. So, our benefits committee reconvened in January and we started discussing the different options that were available and our plans for FY- 17. We are working towards no plan design changes for FY-17, with a possible increase to the health savings account contribution. We are looking to go out to market for medical and FSA, which is your flexible spending account and COBRA Administration Services this year. We are looking and asking and communicating to you for a nine percent budget place holder based on our 102 percent experience rating. Again, that's just a place holder. Five percent of that nine percent right off the top is to cover our ACA, Affordable Care Act, pass through surcharge. The surcharge is assessed to assist with the cost of ACA compliance and you will see their additional treatment, the IRS recording, those types of things. Yes. Got to love that. The actual renewal rates will not be available to us until June, so, again, the information that we are bringing forward now are just a little bit of placeholders and projections. We are going to continue to work over the next several months on the benefit package. We will continue to worth with Mercer who is our broker and we will come back to you in June with the final renewal rates. We will continue to monitor and provide that formal recommendation once the information is available. So, just as a reminder, it's a lot of information that we shared with you in a small amount of time this afternoon. Todd and I will be back on the 26th for your guidance and direction and, of course, if you have any questions we will stand for those questions this evening. I have also asked our benefits administrator Christena Barney to join us for any questions that you may have, as she's been more directly tied to the benefits committee and these efforts than I have, until a few months ago. So, with that we thank you very much and we will stand for your questions. De Weerd: Crystal, I guess just clarification. You're going out to bid on the health -- the prime pay or -- Ritchie: Yes. So, the -- De Weerd: Okay. So, not for our health insurance -- Ritchie: We are going out to market for medical -- for our medical insurance. We are currently with Blue Cross and we are going to go out to market and see what else is available -- De Weerd: Okay. Ritchie: -- for us. De Weerd: But not for our benefits consultants? Meridian City Council Workshop April 12, 2016 Page 50 of 57 Ritchie: No, not for Mercer. De Weerd: Okay. Ritchie: Not at all. De Weerd: Okay. Any questions from Council? Cavener: Madam Mayor? De W eerd: Mr. Cavener. Cavener: One question. When you were outlining -- I think it was the first slide. You talked about a cafeteria plan. I just -- I have never heard that before. I'm just -- it piqued my interest. What's a cafeteria plan and are we providing a sufficient cafeteria plan? De Weerd: It doesn't have anything to do with food. Ritchie: Madam Mayor, Mr. Cavener, a cafeteria plan is simply the flexible spending plan. Cavener: Okay. Great. Thank you. De Weerd: Okay. Any other questions? I hope this information is helpful. If there is any additional need for data we would appreciate just letting us know and we will get that out to all of you. Cavener: This has been great. Bird: Great. Cavener: Madam Mayor. These monthly or weekly breakdowns for the budget for me is so helpful to digest each piece, look at it, hear from the expert. So, Madam Mayor, thank you. HR manager. CFO. Christena. Thank you all. We appreciate it. De Weerd: We appreciate having the opportunity to sit down with all of you and get a better idea of the information that would be helpful. So, yes, thank you. Palmer: Madam Mayor, I'm disappointed we didn't get an update on Joe from last time. De Weerd: Joe. Tom. What the heck. Cavener: Just making up names as we go. Meridian City Council Workshop April 12, 2016 Page 51 of 57 H. Mayor’s Office: Request for Letter of Support - I-84, Northside Boulevard to Franklin Boulevard, TIGER and FAST LANE Grant Application De Weerd: Okay. Council, Item No. 8-H is a letter that's in your packet. Last year we made this request -- or we had a request by COMPASS to support this TIGER grant application that is for the Idaho Transportation Department fast lane grant and it's -- it's similar to last year's letter and it's the highest unfunded COMPASS priority at this point and I just want you to know there were no Meridian specific projects. I wanted to make sure you knew that they had made that request and would like to go ahead and support funding through this grant unless there is any objections. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Madam Mayor, this one is hard for me. I love big roads. I think a bigger road would be fantastic in Nampa. As I understand it, TIGER is the offspring of the stimulus, which I think was highly destructive to our country and so I -- if the Council wants us to sign it I'm happy to do so, but I -- well, I will do so, but I -- you know, we talk so much about how awesome we are that we don't go into debt, that we don't spend taxpayer money that we are going to ask them to pay back later, but now we are wanting to send a letter that we want to rest of the country to invest in debt on our children to expand roads in the county to our neighbor. That's my three and a half cents, with a penny and a half of interest. De Weerd: And I think that many on this -- this Council would agree with you. Whether this is an application or it's selected for the grant, the grant dollars are dedicated. It would just mean our project doesn't get it and some other project does. So, I guess for -- I will advocate for the hundreds of thousands of cars on I-84 that travel between the Oregon border and Boise and beyond that get bottlenecked where the widening project ends and I have heard from the mayors on that end of the valley how destructive that is and we know it firsthand, because we saw it at the bottleneck that was created with the Meridian interchange and so we don't have to send it. I think we would be the only agency that doesn't. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: While I agree with Councilman Palmer one hundred percent, I also -- what you just stated is true. That money is going to be spent. It's already been committed. My great, great grandkids are already in debt up to their eyeballs thanks to the federal boys, but -- so, it is a bottleneck and if it's available I think Meridian City Council Workshop April 12, 2016 Page 52 of 57 that we should -- I would be one to tell the Mayor to sign the letter and get it sent. Think we need a motion? De Weerd: I don't think we need a motion. Just if there is any issue on -- other than we hate debt. Little Roberts: Somebody is going to get the money. Let it be them. I. Legal Department: Discussion and Update Regarding Reenacting Title 1, Chapter 7, Section 10, Meridian City Code, Repealing Request for Reconsideration and Reenacting as a Procedure for Request for Reconsideration De Weerd: Yeah. Thank you. Okay. Item 8-I. Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. On your agenda 9-A is a proposed ordinance. We -- in 2008 we as a city decided that we needed to have some method in our land use decisions to allow people to come and request reconsideration prior to going to district court. It was intended to try to fix small errors, information that maybe we needed more of. It was, basically, a stop gap measure that we created locally to maybe avoid some costly expensive litigation. We haven't had very many cases that are appealed to the district court, but this really asks for consideration probably over the course of a year we may have a couple or three. The legislature probably took my lead and decided to create their own. So, the legislature actually created a statute in the Local Land Use Planning Act that requires now that you do request reconsiderat ion and so my original intent was to simply just repeal it and take it out and just follow the state's lead, but the state didn't create any process or procedure on how to do it. All it does is state that you have to do it and that you have to follow, ess entially, the local rules for it. So, it seemed more logical to them -- amend ours or essentially repeal it and replace it with the procedure. So, ours has a little bit more flexibility for people to request it. This one doesn't, but it is what the stat e statute has put into place. So, we do -- all I'm asking you to do is review it, if you're comfortable with it it's just a procedural thing you can approve the ordinance tonight. If you would like a little more time, since you haven't had an opportunity to consider this, we can certainly move it over to a future meeting. There is no urgency. We have had one recent request for reconsideration that doesn't meet even our original ordinance, nor the state's ordinance, so it really doesn't qualify, and it's not timely either. I mean it's premature. So, I have reached out to that person and advised them of that. But in this one, again, it's really just creating a procedure, so that we people in the Clerk's Office and the Planning Department would know how to refer somebody to here is how you follow what the state code requires. Do you have any questions? De Weerd: Thank you, Mr. Nary. Any questions from Council?. Meridian City Council Workshop April 12, 2016 Page 53 of 57 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: As part of the -- the review and it coming back, some of the language -- it's just some suggested additions to it. Under the one, two, three, four listings there, under three we want to be clear to the applicant that their request -- it's not inviting them to provide new information that wasn't originally provided. So, I don't -- it uses the word deficiencies. We don't want to encourage an applicant to say, you know, you made the wrong decision, because you failed to consideration this additional information. And so maybe that paragraph three can be -- or that item three can be described a little more to at least tell them we are not asking for new information that wasn't already presented for the reconsideration. Number four, just from a timing perspective if the -- if the request is received by the clerk's office on a Friday or, heck, even a Monday, you don't want to have to hear it the day after. The next available Tuesday. That's probably not the intent of that. But I was more concerned with making sure an applicant who is requesting is -- is crystal clear what needs to be included in the application. Bird: Yeah. Borton: And, then, six, this is just for more discussion maybe at a later time. I wasn't certain if no testimony and additional evidence is presented, the request is before us -- let's say it's a denied annexation, all right, or some -- some sizable project and is the action of the Council to reconsider -- is it one where we would say, okay, we want to reconsider it, so let's set this for an another hearing and perhaps gather more information. It's not necessarily a decision do we want to reconsider it and like vote right now to change the vote on the project. I wasn't certain with paragraph six if that's spelled out enough, so when it comes before us we are not -- we might want to reconsider it, it doesn't mean we are going to change our mind or is the -- the obligation of the Council when it comes back before us, are we to right then on that letter decide whether we are changing our mind or not. De Weerd: Yeah. And -- and the process has been that you consider the letter of request for reconsideration and, then, that -- if -- if the Council feels that the letter raises enough questions that you want to rehear it, then, it goes back through your process. I don't know if that's captured in this well enough or -- or not. It really doesn't talk about that process. Nary: Yeah. Madam Mayor, Members of the Council, Council Member Borton, so the -- the language is a little sketchy, because this is what the statute says. This isn't my words. So, in number three that's exactly what the statute requires and that -- number five is an addition that we had already added that is silent in Meridian City Council Workshop April 12, 2016 Page 54 of 57 the statute, but it's clear to additional -- it's not another hearing. So, that's why I put that in number five, so no additional evidence would be brought. The number six again is exactly what the statute says and I agree with the Mayor from a practical standpoint. I think what the legislature is trying to say is a ffirm, reverse, or modify and that last clause after compliance with the applicable procedural standards. So, if the modification is we want to hear it again, then, you would have to go back through the noticing process and renotice it. If your decision is as you have pointed out what specific deficiency -- which means they have to actually not just say we don't like your decision, they have to say you errored by not doing X, whatever that is. The only other thing I could add to your -- and I could make some of these changes and bring it back, but -- or maybe make it a little cleaner or clearer. The one place where you couldn't do that is in an annexation, because an annexation isn't governed by the Local Land Use Planning Act, it's covered by the annexation statute in Title 50. So, the underlying denials could be theoretically appealed, but you can't -- since you don't have any grounds on the annexation unless you can show some bias, it would fall necessarily under this specific clause, but I can do a little bit of cleanup and maybe bring it back to you next week and see if that makes it better or I could extend it two -- out for two weeks, you have a little more time to review it, whichever your preference is. Bird: Madam Mayor? Borton: Either way, Madam Mayor, as long as it's clear to the -- and maybe the application with planning that they fill out has a little more of a narrative of the process, just so long as our practice is identified somewhere so they know what to expect. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would feel more comfortable if Bill would reword it. De Weerd: Bring it back. Bird: Get it back. Bring it back. Bring it back so everybody is -- feels -- knows exactly what it says and what it means. De Weerd: Okay. Nary: I will do that. Item 9: Ordinances Meridian City Council Workshop April 12, 2016 Page 55 of 57 A. Ordinance No. 16-1682: An Ordinance Repealing and Reenacting Title 1, Chapter 7, Section 10, Meridian City Code, Repealing Request for Reconsideration and Reenacting as a Procedure for Request for Reconsideration; Providing for a Waiver of the Reading Rules; and Providing an Effective Date De Weerd: Thank you for the discussion on that item. 9-A is the proposed ordinance. Do we need a motion to continue that? Nary: Yes, ma'am. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we continue the proposed ordinance 16-1682, until April 26th. Borton: Second. De Weerd: I have a motion and a second to continue this item to April 26th -- and not 19th? So, that gives you two weeks? All those in favor say aye. All ayes. Motion carried. Let it be noted that Councilman Palmer was out of the room for that vote. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 16-1683: An Ordinance of the City of Meridian (H-2016-0017) Granting the Annexation and Zoning of 55.55 Acres of Land with the C-C (Community Business District) (32.84 acres); TN-R (Traditional Neighborhood Residential) (8.95 acres); TN-C (Traditional Neighborhood Commercial (6.54 acres); and R-40 (High Density Residential) (7.22 acres) Zoning Districts in the Meridian City Code. The Property is a Parcel of Land Situate in the Northwest Quarter of the Northeast Quarter and in the Northeast Quarter of the Northwest Quarter of Section 14, Township 3 North, Range 1 West, Boise, Ada County, Idaho; and Providing an Effective Date De Weerd: Item 9-B is Ordinance 16-1683. Madam Clerk, will you, please, read this ordinance by title only. Meridian City Council Workshop April 12, 2016 Page 56 of 57 Jones: Thank you, Madam Mayor. An Ordinance H-2015-0017 for annexation, rezone of a parcel of land being a parcel of land situated in the northwest quarter of the northeast quarter and in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada County, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian, as requested by the City of Meridian, establishing and determining the land use zoning classification for said lands from RUT to C-C, community business district, TN-R, traditional neighborhood residential district; TN-C, traditional neighborhood district; and R-40, high density residential district in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada County assessor, the Ada County recorder, and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this ordinance read by title. Is there anyone that would like to hear it read in it's entirety? Seeing none -- Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Ordinance No. 16-1683 with suspension of rules. Bird: Second. De Weerd: I have a motion and a second to approve Item 9-B. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Council, I would let you know that tonight I will be representing our city at 9:00 o'clock at Gowen Field to say goodbye to the men and women of the Idaho National Air Guard as they deploy. Their families will be gatherin g at 9:00 and -- it's a three hour event, so just -- I wanted to let you know that we will probably have some of our residents that will be deploying tonight and so keep them in your thoughts. Item 10: Future Meeting Topics Meridian City Council Workshop April 12, 2016 Page 57 of 57 De Weerd: Any items for consideration under Item 10 for Future Meeting Topics? No? Okay. I would entertain a motion to close our regular meeting. Bird: So moved. Milam: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 5:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _______________________________ ______/______/______ MAYOR TAMMY DE WEERD DATE APPROVED ATTEST: _____________________________________ JACY JONES, CITY CLERK Meridian City Council Workshop April 12, 2016 Page 57 of 57 De Weerd: Any items for consideration under Item 10 for Future Meeting Topics? No? Okay. I would entertain a motion to close our regular meeting. Bird: So moved. Milam: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 5:49 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) � --- L4 MAYOR T Y DE WEERD DATE APPROVED ATTEST: Q°RATED A Go�UCGs� Cift o JACY JONES, CITY CLERK E m IDjA° � �2 SEAL ortie TRE AS1RF Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: Proclamation Proclamation for April as Volunteer Month MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: Bid and Agreement Approval of Award of Bid and Agreement to EXCELSIOR CONSTRUCTION COMPANY for the "WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION" project for a Not -To -Exceed amount of $74,970.00. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS F4FI -1 Is] To: Jaycee L. Holman, City Clerk, From: Kathy Wanner, Buyer CC: Jacy Jones, Max Jensen Date: 4/7/2016 Re: April 12th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 12th City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to EXCELSIOR CONSTRUCTION COMPANY for the "WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION" project for a Not -To -Exceed amount of $74,970.00. Recommended Council Action: Award of Bid and Approval of Agreement to EXCELSIOR CONSTRUCTION COMPANY for the Not -To -Exceed amount of $74,970.00. Thank you for your consideration. • Page 1 CONTRACT / AGENDA CHECKLIST Date: 2/16/2016 REQUESTING DEPARTMENT Public Works Fund: 60 Department: 3490 GL Account: 96134 Project # 10486.b Construction: x Task Order PSA Equipment Project Name: Well 14 Building and Site Upgrades - Construction - Re -Bid Project Manager: Max Jensen Department Representative: Contractor/Consultant/Design Engineer: CMI Survey // Excelsior Construction Company Budget Available (Attach Report): yes Contract Amount: $74,970.00 Will the project cross fiscal years? Yes No x Budget Information: FY Budget: FY16 Enhancement #: Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated Master Agreement (Bid Results Attached) yes (Ratings Attached) (Category) Typical Award Yes x No If no please state circumstances and conclusion: Debarment Status (Grant/Federal Funded Projects Only) n/a (Type in date verified and the status) Date Award Posted: March 24, 2016 10 day protest period: April 4, 2015 PW License # C-16062 Expiration Date December 31, 2016 Corporation Status Goodstanding Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes na No na (Only applicabale for projects above $1,000,000) April 5, 2016 Expiration Date: July 1, 2016 April 5, 2016 Rating: A+ If yes, has policy been purchased? na Date Submitted to Clerk for Agenda: April 7, 2016 Approval Date By: Purchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) NTP Date: (Only for non Public Works Project) Rating: A++ CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION PROJECT # 10486.A1 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 12th day of April, 2016, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Excelsior Construction Company, hereinafter referred to as "CONTRACTOR", whose business address is 3313 W. Cherry Lane, #531, Meridian, ID 83642 and whose Public Works Contractor License # is C- 16062 -B-3-4. INTRODUCTION Whereas, the City has a need for services involving WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non- exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 1 of 13 Project 10486.A1 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $74,970.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 2 of 13 Project 10486.A1 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: The well shall be back on-line and running properly by May 20, 2016. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Substantial Completion shall be accomplished within 80 (eighty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 90 (ninety) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 3 of 13 Project 10486.A1 entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 4 of 13 Project 10486.A1 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throuahout the term of this Agreement, liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 5 of 13 Project 10486.A1 the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re - procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 6 of 13 Project 10486.A1 which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: id=13616. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACRD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 7 of 13 Project 10486.A1 representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 8 of 13 Project 10486.A1 may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 9 of 13 Project 10486.A1 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Excelsior Construction Company Purchasing Manager Attn: Chris Waldram 33 E Broadway Ave 3313 W. Cherry Lane #531 Meridian, ID 83642 Meridian, ID 83642 208-489-0417 Phone: 208-850-3882 Email, chrispexcelsiorcon t.com Idaho Public Works License # C -16062-B-3-4 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. End of text. Signatures to follow on next page. WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 10 of 13 Project 10486.A1 CITY OF MERIDIAN BY: TAMMY de D, MAYOR Dated: �' \ 0 u, Approved by Council:, +-004 _ •- 1.11MMI—q. go NE NO 11 \ Purchasing Approval BY: KEITH WATT8, Purch g Manager Dated:: �f —71 l Project Manager Max Jensen COMPANY BY: 1 / ,`` ---- _ CHRIS WALDRAM, President Dated: p�pTf317 q UCLs �l "lam ow cityoe E IDIAN# ,, IOAHO a� SEA yr e� F 0 d°<the 7HEASUQ� Depar ent Appr v BY: WARREN STEWART, Engineering Manager Dated:: i�- 1/6 WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 11 of 13 Project 10486.A1 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1624-10486.A1 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1624-10486.A7, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • PLANS — WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION by Civil Survey Consultants dated February 2016 (5 pages) • Special Provisions for Well 14 Building and Site Upgrades, Project 10486 by Civil Survey Consultants dated 1-15-2016 (24 pages) WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 12 of 13 Project 10486.A1 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $74,970.00 WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 13 of 13 Project 10486.A1 'MILESTONE DATES/SGH�DULE Milestone 1 Well back on line and running properly May 20, 2016 Milestone 2 Substantial Completion 80 Days from Notice to Proceed Milestone 3 Final Completion 90 Days from Notice to Proceed RRICENG SCHEDULE ::. Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION per IFB PW -1624-10486.A1 NOT TO EXCEED CONTRACT TOTAL ....................... Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. `. Confiract Pacing Schedule, Item No. Description Quantity Unit Unit Price 201.4.1.C.1 Removal of Obstructions 1 LS $1,668 202.4.1.A.1. Excavation (Plan Unit Quantity) 210 CY $24 401.4.1.A.1. 12" PVC, AWWA C900, DR18 40 LF $100 Water Main 402.4.1.A.1. 12" Gate Valve 1 EA $2,641 801.4.1.6.1. 6" Minus UnCrushed Aggregate Base 251 TON $12.50 802.4.1.B.1. 3/4" Minus Crushed Aggregate Base 65 TON $41 810.4.1.A.1. 2-1/2" Thick Hot Plant Mix Pavement 41 TON $100 1001.4.2.A.1. Staging Area 1 EA $2,500 1001.4.2.B.1. Stabalized Construction Entrance 1 EA $2,695 1003.4.1.G.1. Straw Wattle 105 LF $12 1006.4.1.C.1. Inlet Protection 1 EA $750 2010.4.1.A.1. Mobilization 1 LS $3,800 SP -1 Lawn Sod Restoration 217 SF $5 SP -2 Connect Existing Water Service to New 2 EA $3,275 Water Main SP -3 Abandon Existing Water Main 1 LS $2,085 SP -4 Remove Existing Piping from Building 1 LS $3,100 SP -5 18" Wide Concrete Strip 163 LF $27 SP -6 Permeable Pavers 200 SF $31.61 SP -7 Skylights 4 EA $1000 SP -8 Siding Improvements 1 LS $13,170 WELL 14 BUILDING AND SITE UPGRADES - CONSTRUCTION page 13 of 13 Project 10486.A1 CD Cl) N T O N U Q W F- od Cl) w F- M J in a� W It w .1 Q a .Q a� m Cl. V' T .a Q c ca co c 00 o T 4 N M� W to - a m � oc W u Z Z n■� D D m m Q u n■� ee�o��dn m ■�w v oum� Q E AMERICAN INSTITUTE OF ARCHITECTS V. �I§N&'"E 1PT il Bond# 2207178 AIA Document A312 Performance Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Excelsior Construction Company 3313 W. Cherry Lane #531 Meridian, ID 83642 OWNER (Name and Address): City of Meridian 33 East Broadway Ave. Ste. 106 Meridian, ID, 83642 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 CONSTRUCTION CONTRACT Date: April 12, 2016 Amount: $ 74,970.00 Description (Name and Location): Well 14 Building and Site Upgrades -Construction BOND Date (Not earlier than Construction Contract Date): April 12, 2016 Amount: $ 4,040.00 Modifications to this Bond: X None CONTRACTOR C7YCIPAL SURETY Compan : (Corporate Seal) Company: Excelsior Signature: Name and ny (Any additional signatures appear on page 6) North American S Signature: Name and See Page 3 (Corporate Seal) alty Insurance �Corppany` ff ,laquiei1j, A1torneV-In-Fact (FOR INFORMATION ONLY- Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Post Insurance P.O. Box 8447 Boise, ID 83707 N/A AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING - MARCH 1987 I The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except to participate in conferences as provided in Subparagraph 3.1. 3 If there is no Owner Default, the Surety's obligation under this Bond shall arise after: 3.1 The Owner5 has notified the Contractor and the Surety at its address described in Paragraph 10 below that the Owner is considering declaring a Contractor Default and has requested and attempted to arrange a conference with the Contractor and the Surety to be held not later than fifteen days after receipt of such notice to discuss methods of performing the Construction Contract. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; and 3.2 The Owner has declared a Contractor Default and formally terminated the Contractor's right to complete the contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor and the Surety have received notice as provided in Subparagraph 3.1; and 3.3 The Owner has agreed to pay the Balance of the Contract Price to the Surety in accordance with the terms of the Construction Contract or to a contractor selected to perform the Construction Contract in accordance with the terms of the contract with the Owner. 4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 4.1 Arrange for the Contractor, with consent of the Owner, to perform and complete the Construction Contract; or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Paragraph 6 in excess of the Balance of the Contract Price incurred by the Owner resulting from the Contractor's default; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: 1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, tender payment therefore to the Owner; or .2 Deny liability in whole or in part and notify the Owner citing reasons therefore. 5 If the Surety does not proceed as provided in Paragraph 4 with reasonable promptness, the Surety shall be deemed to be in default on this Bond fifteen days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the surety proceeds as provided in Subparagraph 4.4, and the Owner refuses the payment tendered or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. 6 After the Owner has terminated the Contractor's right to complete the Construction Contract, and if the Surety elects to act under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. To the limit of the amount of this Bond, but subject to commitment by the Owner of the Balance of the Contract Price to mitigation of costs and damages on the Construction Contract, the Surety is obligated without duplication for: 6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; 6.2 Additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Paragraph 4; and 6.3 Liquidated damages, or if not liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non- performance of the Contractor. 7 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators or successors. 8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 10 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. 11 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12 DEFINITIONS 12.1 Balance of the Contract Price: The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. 12.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 12.3 Contractor Default: Failure of the Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract. 12.4 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA DOCUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND • DECEMBER 1984 ED. • AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING • MARCH 1987 THE AMERICAN INSTITUTE OF ARCHITECTS R F C 2016 FINANCE )Rr Bond# 2207178, AIA Document A312 Payment Bond Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. CONTRACTOR (Name and Address): Excelsior Construction Company 3313 W. Cherry Lane #531 Meridian, ID 83642 OWNER (Name and Address): City of Meridian 33 East Broadway Ave. Ste. 106 Meridian, ID. 83642 SURETY (Name and Principal Place of Business): North American Specialty Insurance Company 650 Elm Street Manchester, NH 03101 CONSTRUCTION CONTRACT Date: April 12, 2016 Amount: $74,970.00 Description (Name and Location): Well 14 Building and Site Upgrades -Construction BOND Date (Not earlier than Construction Contract Date): April 12, 2016 Amount: $4,040.00 Modifications to this Bond: ❑ None X See Page 6 CONTRACTOR S P NCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Excelsior Co stru I ompany North American Specialty Insurance Company Signature: Signature: Name and Titl . c ' i� � ./� ° 7 1� ( Name and Title: Mary J�quier , ttorney- �i-Fact (Any additional signatures appear on page 6) -� (FOR INFORMATION ONLY - Name, Address and Telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE (Architect, Engineer or other party): Post Insurance N/A P.O. Box 8447 Boise, ID 83702 AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 4 THIRD PRINTING - MARCH 1987 1 The Contractor and the Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2 With respect to the Owner, this obligation shall be null and void if the Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and 2.2 Defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity whose claim, demand, lien or suit is for the payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, provided the Owner has promptly notified the Contractor and the Surety (at the address described in Paragraph 12) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, and provided there is no Owner Default. 3 With respect to Claimants, this obligation shall be null and void if the Contractor promptly makes payment, directly or indirectly, for all sums due. 4. The Surety shall have no obligation to Claimants under this Bond until: 4.1 Claimants who are employed by or have a direct contract with the Contractor have given notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the claim. 4.2 Claimants who do not have a direct contract with the Contractor: .1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, to the Owner, within 90 days after having last performed labor or last furnished materials or equipment included in the claim stating, with substantial accuracy, the amount of the claim and the name of the party to whom the materials were furnished or supplied or for whom the labor was done or performed; and .2 Have either received a rejection in whole or in part from the Contractor, or not received within 30 days of furnishing the above notice any communication from the Contractor by which the Contractor has indicated the claim will be paid directly or indirectly; and .3 Not having been paid within the above 30 days, have sent a written notice to the Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to the Owner, stating that a claim is being made under this Bond and enclosing a copy of the previous written notice furnished to the Contractor. 5 If a notice required by Paragraph 4 is given by the Owner to the Contractor or to the Surety, that is sufficient compliance. 6 When the Claimant has satisfied the conditions of Paragraph 4, the Surety shall promptly and at the Surety's expense take the following actions: 6.1 Send an answer to the Claimant, with a copy to the Owner, within 45 days after receipt of the claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed. 6.2 Pay or arrange for payment of any undisputed amounts. 7 The Surety's total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. 8 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any Construction Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and the Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. 9 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract, The Owner shall not be liable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 11 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the location in which the work or part of the work is located or after the expiration of one year from the date (1) on which the Claimant gave the notice required by Subparagraph 4.1 or Clause 4.2.3, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, the Owner or the Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown on the signature page. 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. The intent is that this AIA DOCUMENT A312 - PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 THIRD PRINTING - MARCH 1987 A312-1984 Bond shall be construed as a statutory bond and not as a common law bond. 14 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 15 DEFINITIONS 15.1 Claimant: An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Contract. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used MODIFICATIONS TO THIS BOND ARE AS FOLLOWS: in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. 15.2 Construction Contract: The agreement between the Owner and the Contractor identified on the signature page, including all Contract Documents and changes thereto. 15.3 Owner Default: Failure of the Owner, which has neither been remedied nor waived, to pay the Contractor as required by the Construction Contract or to perform and complete or comply with the other terms thereof. Paragraph 6 of this Bond is deleted in its entirety and replaced with the following provision: When the claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation and any proof of claim requested by the Surety, the Surety shall, within a reasonable period of time, but not more than 120 days, notify the Claimant of the amounts that are undisputed and the basis for challenging any amounts that are disputed, including but not limited to, lack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, within a reasonable time, but not more than 120 days, payor make arrangements for payment of any undisputed amount; provided, however, that the failure of the Surety to timely discharge of its obligations under this paragraph or to dispute or identify any specific defense to all or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwise constitute a waiver of the Contractor's or Surety defenses to or right to dispute such claim. Rather, the Claimant shall have the immediate right, without further notice, to bring suit against Surety to enforce any remedy available to it under this Bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address: Signature: Name and Title: Address: AIA uoGUMENT A312 • PERFORMANCE BOND AND PAYMENT BOND - DECEMBER 1984 ED. - AIA THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 A312-1984 THIRD PRINTING - MARCH 1987 NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: TERRY S. ROBB, WILLIAM F. POST, and MARY JAQUIER JOINTLY OR SEVERALLY Its ttue and lawful Attorney(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 91h of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." 011111 \AUTY jN 4���i rir `\�n„aWlao 0t br y.G�PPORAT.G —. +;` Q�...•RPO" '1'S d= : �,O RgT�,G '% 6L q2F•:� % `v?' SEAL : n c By Steven P. Anderson, Senior Vice President orwashingtou International Insurance Company 1r SEAL 't Ej t— µt',Z 1973 «rrn &Senior Vice President or North American Specialty Insurance Company isoi _ 0t rrn g •o 2, "���p%9uytouicoxtnctaO\� By Michael A. Ito, Senior Vice rest art o as ington international hisit—r—ini—e—C—ompany & Senior Vice Prest den t of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this 22nd day of September 12015 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook SS: On this 22nd day of September , 20 15 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Michael A. Ito , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. OFFICIAL SEAL M KENNY NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 12(0412017 M. Kenny, Notary Public I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this 12 day of April 20 16 Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company A� �® CERTIFICATE OF LIABILITY INSURANCE DATE(MMlDD/YYYY) F3/31/2016 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY- AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement( PRODUCER ilim"93 1111r" rA'DDREss: Alyshia Gamble Post Insurance Services, Inc. (208)336-5600 FAX �- ���� A/C Noxt: (A/C No): (208)399-0651 2717 W. Bannock St. s� (� �) a amble@ ostins.com g PP.O. Box 8447F@��r®�INSURER(S AFFORDING COVERAGE NAIC # Boise ID 83707 6L - :Auto Owners Insurance 4� lgggg INSURED _ INSURERB:Owners Insurance CompanyfO -L' 32700 Excelsior Construction Company INsuRERc:Idaho State Insurance Fund 36129 2700 3313 W Cherry Lane #531 INSURER D: Meridian ID 83642 INSURER F COVERAf`FR f"CDTI CIn ATC \111 nAY -- ""_"'-' •" -'-` THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO KtVIJIUNNUMBER: THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ALL THE TERMS, CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POLICY EXP MM/DDNYYY MM/DDtYYYY LIMITS X COMMERCIAL GENERAL LIABILITY A CLAIMS �� EACH OCCURRENCE DAMAGE TO RENTED $ 1,000,000 -MADE L X OCCUR PREMISES (Ea occurrence) $ 50,000 X 55373 X 57356519-15 8/25/2015 8/25/2016 MED EXP (Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY � PEC LOC *Separation GENERAL AGGREGATE $ 2,000,000 of Insureds PRODUCTS - COMP/OPAGG $ 2,000,000 OTHER: Page 16, Section 7 $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 B ANY AUTO BODILY INJURY (Per person) $ --— AOSCHEDULED TOSS AUTOS 47-356-514-00AUU 8/25/2015 8/25/2016 BODILY INJURY (Per accident) $ X HIRED AUTOSNON-OWNED JX AUTOS PROPERTY DAMAGE $ Per accident $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION H $ AND EMPLOYERS' LIABILITY Y / N X STIPEATUTE �R ANY PROPRIETOR/PARTNER/EXECUTIVE O FFEXCLUDED? NIA E.L. EACH ACCIDENT $ 100,000 C datory in NH)ICER/MEMBER (Man E.L. DISEASE - EA EMPLOYE $ 100 000 de If yes,scribe under 597024 7/1/2015 7/1/2016 DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) f1PmTi M,`A- 11^2 - IVIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Meridian THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Department ACCORDANCE WITH THE POLICY PROVISIONS. 33 E Broadway Ave., Ste 106 Meridian, ID 83642 AUTHORIZED REPRESENTATIVE yshia Gamble/AG aa�Q� - V 7Udd-ZU14 ACUKIU CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401) Agency Code 39-0011-00 Policy Number 104639-57356514 COMMERCIAL GENERAL LIABILITY 55373 (1-07) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM. A, Under SECTION II - WHO IS AN INSURED, the following is added: A person or organization is an Additional Insured, only with respect to liability arising out of "your work' for that Additional Insured by or for you: 1. If required in a written contract or agreement; or 2. If required by an oral contract or agreement only if a Certificate of Insurance was issued prior to the loss indicating that the person or organization was an Additional Insured, B. Under SECTION III - LIMITS OF INSURANCE, the following is added: The limits of liability for the Additional Insured are those specified in the written contract or agree- ment between the insured and the owner, lessee or contractor or those specified in the Certificate of Insurance, if an oral contract or agreement, not to exceed the limits provided in this policy. These limits are inclusive of and not in addition to the limits of insurance shown in the Declarations. C. SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, is amended as follows: 1. The following provision is added to 4. Other Insurance: This insurance is primary for the Additional Insured, but only with respect to liability aris- ing out of "your work" for that Additional In- sured by or for you. Other insurance avail- able to the Additional Insured will apply as excess insurance and not contribute as pri- mary insurance to the insurance provided by this endorsement. 2. The following provision is added: Other Additional Insured Coverage Issued By Us If this policy provides coverage for the same loss to any Additional Insured specifically shown as an Additional Insured in another endorsement to this policy, our maximum limit of insurance under this endorsement and any other endorsement shall not exceed the limit of insurance in the written contract or agree- ment between the insured and the owner, les- see or contractor, or the limits provided in this policy, whichever is less. Our maximum limit of insurance arising out of an "occurrence", shall not exceed the limit of insurance shown in the Declarations, regardless of the number of insureds or Additional Insureds. All other policy terms and conditions apply. Includes copyrighted material of Insurance Services Office, Inc,, with its permission. Copyright Insurance Services Office, Inc., 1984, 2003. Page 1 of 1 eTRAKiT Page 1 of 1 Home I Setup an Account I Log In Licensee v Usenreme Passvrord LOGIN ❑ REMEMBER ME Forgot Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Paid Items Contact Contact us Public Works SearchSearch Again Download Results Printable View Next; ;Last; The Division of Building Safety, makes every effort to produce and publish the most current and accurate Information possible. No warranties, expressed or implied, are provided for the data herein, Its use, or its Interpretation. Utilization of this website indicates understanding and acceptance ofthis statement. 1-800-955-3044, 1090 E Watertower Sl, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho PublicWorksSearchRslts.aspx 3/24/2016 [Fir 4 PYe�' Page: 1 of 1 Details - License Number: PWC -C-16062 Lic Info Fees $1,120.00 Li. infol— s Registration M PWC -C-16062 Issue: 1/6/2016 Expire: 12/31/2016 Type: PUBLIC WORKS Sub -Type: B Status: ACTIVE Company: Excelsior Construction Company Phone: (208) 850-3882 Cell: (208) 850-3882 Pager: Fax: (208) 965-8525 Owner Name: Next; ;Last; The Division of Building Safety, makes every effort to produce and publish the most current and accurate Information possible. No warranties, expressed or implied, are provided for the data herein, Its use, or its Interpretation. Utilization of this website indicates understanding and acceptance ofthis statement. 1-800-955-3044, 1090 E Watertower Sl, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho PublicWorksSearchRslts.aspx 3/24/2016 IDSOS Viewing Business Entity Page 1 of 1 IDAHO SECRETARY OF STATE J Viewing Business Entity ter. Lawerence Denney, Secretary of State [ New Search) [ Back to Summary ] [ Get a certificate of existence for EXCELSIOR CONSTRUCTION COMPANY ] [ Monitor EXCELSIOR CONSTRUCTION COMPANY business filings ] EXCELSIOR CONSTRUCTION COMPANY 3313 W. CHERRY LANE #531 MERIDIAN, ID 83642 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 04 ]an 2012 State of Origin: IDAHO Date of 30 Dec 2011 Origination/Authorization: Initial Registered Agent: CHRIS WALDRAM 4806 GOLDEN SPUR DR. NAMPA, ID 83687 Organizational ID / Filing C193249 Number: Number of Authorized Stock 25 Shares: Date of Last Annual Report: 01 Nov 2015 Annual Report Due: Dec 2016 Filed 30 Dec 2011 INCORPORATION Report for year 2015 ANNUAL REPORT Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 ANNUAL REPORT Idaho Secretary of State's Main Page [ Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format) [ Help Me Print/View TIFF ] View Document Online View Document Online View Document Online View Document Online State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.gov https://www.accessidaho.org/public/sos/corp/C193249.html 3/24/2016 4J x i +) Sa O Rr a) W 41 tD a� o 0 N O 0 � v a M o� H -1 N N U ; � 41 4J 44 *rA N H q Ln q U 'I y� a W o U W 1 q AJO o En1 N (A O m W P a 44 O q a) E v tl 1 M to PQ a- ao ao � N ko ko m a � ro w bi r1 H H O q W 0n W 4.) -1m a) m m a) b l •rl m 0- m m d N r r r � 8 W c0 00 U q E a)°' a a PQ O o O � N u Ll Ll ri r ri q r1 H H •0 W T W W 4) q w w �r b l •rl m 0- m m d N r r r � 8 W c0 00 PQ M m H N r-1 m H �d m m m � N ri ri 1-i ri r ri N N N ri ri bi m 0- m m M m H N r-1 m H �d m m m � N ri ri 1-i ri r ri N N N ri ri bi m 0- m m M m H N r-1 m H �d Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 5B - ; • • ► ►ail =� =1:�1 ITEM TITLE: Professional Service Agreement Approval of Professional Service Agreement with Treasure Valley Youth Theater for "Aladdin Jr." and "How to Eat Like a Child (and Other Ways to Avoid Becoming a Grown Up)" MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER This PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER (hereinafter "Agreement") is made this 5th day of April, 2016, by and between the Meridian Arts Commission, through the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Treasure Valley Youth Theater, a nonprofit corporation organized under the laws of the State of Idaho (hereinafter "TVYT"), WHEREAS, the mission of the Meridian Arts Commission is to develop, advance, and nurture all facets of the arts to enhance the quality of life for Meridian residents and its visitors; WHEREAS, the mission of TVYT is to be part of a healthy, growing community by producing quality theater arts experiences for youth; and WHEREAS, the respective governing bodies of City and TVYT find that these missions complement each other and wish to work together to further the objectives of both by engaging TVYT to present "Aladdin, Jr." and "How to Eat Lilco a Child (And Other Ways to Avoid Becoming a Grown Up)"; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and TVYT agree as follows: I. Scope or se ices. TVYT shall provide the following services, deliverables, and materials under this Agreement: A. TVYT shall obtain all necessary royalties and scripts. B. TVYT shall schedule and hold auditions and rehearsals, and shall provide youth cast members with all necessary materials for such experience. C. TVYT shall provide the following staff and any other staff necessary to provide the services and deliverables set forth in this Agreement: director, music director, choreographer, stage manager, production assistant, costume designer, and light designer. D, TVYT shall provide allnecessary costumes, props, and set. E. TVYT shall provide and distribute marketing materials, including printing posters, flyers, t - shirts, and programs. F. TVYT shall reserve and pay all related costs for audition, rehearsal, and performance space. G. TVYT shall present to the public three performances each of "Aladdin, Jr." and "How to Eat Lilco a Child (And Other Ways to Avoid Becoming a Grown Up)" by September 30, 2016, IL Compensation and payment. PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER PAGE I OF 6 A. Amount. City shall pay TVYT for professional services described herein in the amount of five thousand dollars ($5,000.00). B. Payment schedule. Following TVYT's provision of invoices to City, City shall pay TVYT, per the following schedule: 1. On April 8, 2016, City shall mail payment to TVYT in the amount of $2,500.00. 2. On May 27, 2016, City shall mail payment to TVYT in the amount of $2,500.00. C. Materials fees; revenge. TVYT shall be entitled to collect a materials fee from each cast member in an amount not to exceed fifty dollars ($50.00). In exchange for such fee, each cast member shall be entitled to a snack at each rehearsal, a script, cast party, and t -shirt advertising the performance; participation in rehearsals per TVYT's casting and direction; direction and coaching from TVYT staff at weekly rehearsals; and performance of the play, per TVYT's casting, direction, and scheduling. TVYT may not turn away any person due to inability to pay the materials fee; TVYT shall waive and/or make other accommodations for such fee upon request and demonstration of financial hardship. TVYT shall be entitled to retain any revenues realized from ticket sales, sponsorships, or other fundraising undertaken by TVYT'. IV General provisions. A. Indemnification. TVYT and each and all of TVYT's employees, agents, contractors, officials, officers, servants, guests, and/or invitees, including any and all participants in Event or related activities, shall indemnify and save and hold harmless City ftom and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Organizer programming, at or in its use of Park or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. B. Insurance. TVYT shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting TVYT, TVYT's employees, and TVYT's agents from all claims for damages to property and bodily injury, including death, which may arise during or in connection with the play, including auditions, rehearsals, set-up, performance, and tear -down. Such insurance shall name City as additional insured, and shall afford at least five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five hundred thousand dollars ($500,000.00) per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in this Agreement or wiy permit, If City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Event or related activities, Organizer covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. At all times during the course of this Agreement, TVYT shall provide PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER PAGE 2 OF 6 worker's compensation coverage in the amount required by law for each and every employee utilized in the course of performance of this Agreement. C. Notices. All notices required to be given by either of the parties shall be in writing and be deemed communicated when personally served or mailed via U.S. mail, addressed as follows: PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER PAGE 3 OF 6 If to TVYT: If to Ci1y: Autumn Kersey Hillary Bodnar, Arts & Culture Specialist Treasure Valley Youth Theater City of Meridian P.O. Box 9144 33 East Broadway Ave Boise ID 83707 Meridian ID 83642 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. D. Assignment. City shall not assign or sublet all or any portion of City's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of TVYT. TVYT shall not assign or sublet all or any portion of TVYT's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representatives, successors, and assigns of the parties. E. No agency; independent contractor. Neither TVYT nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in TVYT's use and occupancy of facilities at which auditions, rehearsals, workshops, and/or performances are held. In all matters pertaining to this agreement, TVYT shall be acting as an independent contractor, and neither TVYT nor any officer, employee or agent of TVYT shall be deemed an employee or agent of City in any manner or for any purpose. Specifically, without limitation, TVYT understands, acknowledges, and agrees that TVYT and its employees, agents, contractors, officials, officers, servants, guests, and/or invitees: 1. Are free from actual and potential control by City in the provision of services under this Agreement. 2. Are engaged in an independently established trade, occupation, profession, or business. 3. Have the authority to hire subordinates. 4. Own and/or will provide all major items of equipment necessary to perform services under this Agreement, F. Compliance with laws. In performing the scope of services required hereunder, City and TVYT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. G. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to count costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default termination or forfeiture of this Agreement. H. Time of the essence. The parties shall fulfill obligations described in this Agreement in a PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER PAGE 4 OF 6 timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. I, Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing five (5) days' notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A forty-eight (48) hour cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement shall be terminated upon mailing or e -mailing of notice of termination. J. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. K. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. L. Discrimination Prohibited. In performing the Services required herein, TVYT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. M. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. N. Approval Required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and TVYT. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written, TREASURE VALLEY YOUTH THEATER: BY: ) AWW"' 0 PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER PAGE 5 OF 6 Autumn Kersey CITY OF MERIDIAN: Attest: PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER PAGE 6 OF 6 Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 5C PROJECT NUMBER: ITEM TITLE: Bid and Agreement to Riverside Approval of Award of Bid and Agreement to Riverside, Inc for the "WELL 29 PRODUCTION WELL - CONSTRUCTION" project for a Not -To -Exceed amount of $232,295.00. CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Kathy Wanner, Buyer CC: Jacy Jones, Brent Blake/PM Date: 4/5/2016 Re: April 12th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the APRIL 12U' City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to Riverside Inc for the "WELL 29 PRODUCTION WELL - CONSTRUCTION" project for a Not -To -Exceed amount of $232,295.00. Recommended Council Action: Award of Bid and Approval of Agreement to RIVERSIDE, INC for the Not -To -Exceed amount of $232,295.00. Thank you for your consideration. • Page 1 CONTRACT/ AGENDA CHECKLIST Date: 2/16/2016 REQUESTING DEPARTMENT Fund: 60 Department: Construction: x Task Order Project Name: Project Manager: Brent Blake Contractor/Consultant/Design Engineer: Budget Available (Attach Report): yes Will the project cross fiscal years? Yes 3490 Public Works GL Account: 96129 PSA Equipment Well 29 Production Well - Construction Department Representative: SPF / Riverside Inc Project # 10461.f Contract Amount: $232,295.00 No x Budget Information: FY Budget: FY16 Enhancement #: Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated (Bid Results Attached) yes (Ratings Attached) Typical Award Yes X No If no please state circumstances and conclusion: Debarment Status (Grant/Federal Funded Projects Only) n/a Master Agreement (Category) (Type in date verified and the status) Date Award Posted: March 18, 2016 10 day protest period: March 28, 2016 PW License # C-11115 Expiration Date June 30, 2016 Corporation Status Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes No x (Only applicabale for projects above $1,000,000) March 31, 2016 Expiration Date: September 7, 2016 Rating: A March 31, 2016 Rating: A If yes, has policy been purchased? n/a Date Submitted to Clerk for Agenda: April 5, 2016 Approval Date April 12, 2016 By: Council Purchase Order No.: Date Issued: WI -15 submitted (Only for PW Construction Projects) NTP Date: (Only for non Public Works Project) TO: Keith Watts, Purchasing Manager FROM: Brent Blake, Engineering Project Manager DATE: 2/9/2016 Mayor Tamrny de Weerd City Council R1embr rn-; Keith Oi rd JOG 1rmon Luke Cavoner Genesis Milarn Ty Palmer Anne little RoWils SUBJECT: WELL 929 PRODUCTION WELL - CONSTRUCTION CONTRACT WITH TBD.; FOR A NOT -TO -EXCEED AMOUNT OF $TBD I. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Project Manager 489-0340 Warren Stewart, PW Engineering Manager 489-0350 Kyle Radek, Assistant City Engineer 489-0343 Tom Barry, Director of Public Works 489-0372 II. DESCRIPTION A. Background The demand for potable water increases as commercial and residential development continues to increase. Specifically, development is increasing in areas designated for new pressure zones that do not currently have potable water sources. Production wells must be developed in these areas to enable development. Two new residential developments in particular are currently in process and have provided two well lots to the City as conditions to their development agreements. Test wells were constructed on the lots and water chemistry results were obtained during FY2015. The water chemistry results indicate the sites are viable locations to construct a production well. B. Proposed Project The proposed project is a production well needed to supply up to 2500 gallons per minute to the water distribution system. The production well will be located near the intersection of McMillan and McDermott Roads, in the lowest pressure zone, and will provide water supply to meet the City's domestic and fife flow demands. The well will target the groundwater found between a depth of 330 and 470 feet below ground surface. Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.meridiancity.org C. Describe Item This item is the award ofthe contract toconstruct the production well. DL IMPACT A. Strategic Impact: This project nzoctu our mission requirements to identify and prioritize work in order to anticipate, n|nu and provide public ao/vicoo and facilities thoiodthe needs ofour and toensure o\odcnn/o}i��|e r- while maintaining financial stewardship. B. Fiscal Impacts Project Costs: k -------------------------------- ---------------- ' ------------------ noul Year2016 ----'_---'` -----------------'i----------------- --�--�-_`------__---'' -------''� ---------------''�i. ---------------------------__ - !������o�� $Z70/l900f�-�/-_--'-----_---'---L----_--'.---_�'- !!��r---------------- !|. - --!------__----_- __________________________ .90_! Projectfunding Available ------ --- -- ----------- --- -- Yoor20l6 Account Code -_--�--_-_------- �-----X—||�- -------- --------------------------------- ----------------------- ------------------------------------ 3490-96135 '--------' - 349O'96l35/) _________________________-^ --------------- r ------------------------------------- -------------------------------- -^-^'`--'r_-----_---------'----_-----_----_---- -------_---_--_-'- L______ '_ ----|---------------'------------------' C. Alternatives The City could choose not toapprove the construction contract and risk the chance nfnot being able k)meet thegrowing development -driven potable water Approval:Department Page 2 of 2 CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 29 PRODUCTION WELL - CONSTRUCTION PROJECT # 10461.f THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made thisday of April, 2016, and entered Into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Riverside, Inc, hereinafter referred to as "CONTRACTOR", whose business address is P O Box'720 Parma ID 83660 and whose Public Works Contractor License # is C -11115-A-1-4. INTRODUCTION Whereas, the City has a need for services involving WELL 29 PRODUCTION WELL - CONSTRUCTION; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this WELL 29 PRODUCTION WELL - CONSTRUCTION page 1 of 12 Project 10461.E Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $232,295.00. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. WELL 29 PRODUCTION WELL - CONSTRUCTION page 2 of 12 Project 10461.E 4. Liquidated Damages: Substantial Completion shall be accomplished within 50 (fifty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $150.00 (one hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 60 (sixty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $150.00 (one hundred fifty dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided WELL 29 PRODUCTION WELL - CONSTRUCTION page 3 of 12 Project 10461.E in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain and specifically agrees that it will maintain throughout the term of this Agreement liability insurance in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or WELL 29 PRODUCTION WELL - CONSTRUCTION page 4 of 12 Project 10461.f judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either; the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is WELL 29 PRODUCTION WELL - CONSTRUCTION page 5 of 12 Project 10461.E required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http://www.meridiancity.orci/environmental.aspx?id=l 3618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: WELL 29 PRODUCTION WELL - CONSTRUCTION page 6 of 12 Project 10461.f Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. WELL 29 PRODUCTION WELL - CONSTRUCTION page 7 of 12 Project 10461.E 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve WELL 29 PRODUCTION WELL - CONSTRUCTION page 8 of 12 Project 10461.f the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 32. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Riverside, Inc Purchasing Manager Attn: Terry Daugherty 33 E Broadway Ave P O Box 720 Meridian, ID 83642 Parma, ID 83660 208-489-0417 Phone: 208-722-6731 Email: cods@rscicorp.net or terry@rscicorp.net Idaho Public Works License #C -11115-A-1-4 Idaho Well Drillers License #: 333 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. WELL 29 PRODUCTION WELL - CONSTRUCTION page 9 of 12 Project 10461.f 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF BY: TAMMY de WF::,E"� , MA Approved by Council: (t V Purchasing Approval BY: KEIT A , Purchasing Manager Dated::r` Project Manager Dean Stacey WELL 29 PRODUCTION WELL - CONSTRUCTION Project 10461.f I to GQ�Ogp'SED A UCGsry' 'O�Z+ CtcY of E IDlAN� IDAHO SEAL 9T�q e TRE Departrrient dpiroval BY:.r� � WA REN ST WART, Engineering Manager Dated:: -3232 page 10 of 12 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PW -1619-10461.f ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1619-10461.f, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • Technical Specifications City of Meridian Municipal Supply Well 29 by SPF Water Engineering dated January 18, 2016 (25 pages) • Clarification to Technical Specifications dated January 18, 2016 for the Construction of City of Meridian Municipal Supply Well 29 (1 page) • Site Map (1 page) • Well 29 Preliminary Design (1 page) WELL 29 PRODUCTION WELL - CONSTRUCTION page 11 of 12 Project 10461.E Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $232,295.00 n MILESTONE`DATESLSCHED;ULE , Milestone 1 Substantial Completion 50 Days from Notice to Proceed Milestone 2 Final Completion 60 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 29 PRODUCTION WELL - CONSTRUCTION per IFB PW -1619-10461.f NOT TO EXCEED CONTRACT TOTAL ....................... $232,295.00 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. x � Contract Pr�cn Schedule � " Item No. Description Quantity Unit Unit Price 1 Stormwater Management 1 LS $3,000 2 Mobilization and Demobilization 1 LS $20,500 3 Install pit run work pad 185 CY $45 4 Drill for, furnish, install, and seal 24 -inch surface casing 65 LF $425 5 Drill 8 -inch pilot borehole 405 LF $83- 6 Geophysical logging 1 LS $3,500 7 Ream for 23 -inch borehole 260 LF $65 8 Furnish and install PVC casing 328 LF $105 9 Furnish and install bentonite/cement grout seal 325 LF $41 10 Ream for 15 -inch borehole 145 LF $37 11 Furnish and install 9 -inch, stainless steel well screen 100 LF $120 12 Furnish and install 9 -inch "tight -wrap" stainless steel headpipe/blank 70 LF $125 13 Furnish and install sand filter pack 170 LF $65 14 Furnish and install packer 1 LS $7,500 15 Install and remove test pump 1 LS $6,000 16 Mechanical and pump development 32 HR $285 17 Test pumping 28 HR $285 18 Video log 1 LS $1,700 19 Disinfection 1 LS $1,000 20 Rig time 2 HR $300 WELL 29 PRODUCTION WELL - CONSTRUCTION page 12 of 12 Project 10461.f w 7. ad W M 13 c O v c O U M O a N R F - z M O a m sqn asuaDI-I aapiaa pa # O!"1 puOB P!8 wnpuapp pauOig cc O ❑ z LU > 0 a I nn enu' ■� m 0 a Performance Bond RF(7-tiVE 3 0 2016 F 1 N /`i ir Document A312 TM -2010 CONTRACTOR: (Name, legal status and address) Riverside, Inc. PO Box 720 Parma, ID 83660 OWNER: (Name, legal status and address) City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 CONSTRUCTION CONTRACT Date: April 5, 2016 SURETY: (Name, legal status and principal place of business) Old Republic Surety Company 10220 SW Greenburg Rd., Suite 640 Portland, OR 97223 Amount: Two Hundred Thirty -Two Thousand Two Hundred Ninety -Five and No/100ths Dollars - - - ($232,295.00) Description: (Name and location) Well 29 Production Well - Construction Project # 10461.f Meridian, ID 83642 BOND Date: April 5, 2016 (Not earlier than Construction Contract Date) Bond No. YCN2161308 This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form, This Is not a single combined Performance and Payment Bond. Amount: Two Hundred Thirty -Two Thousand Two Hundred Ninety -Five and No/100ths Dollars - - - ($232,295.00) Modifications to this Bond: M None ❑ See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: orp rate Seal) Company: (Corporate Seal) Riverside, Inc. Old Republic Coomnpany41W�eel_o4 Signature: Signature. NameG�r�y # Ao % Name Ruby cFe_ and Title: l/ ��G /%C Si Q/e,� * and Title: Attorney -in -Fact (Any additional s:gnatufes-app ear on the last page of this Performance Bond.) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Ward Insurance Agency, Inc. (Architect, Engineer or otherparty;) P0Box 10167 Eugene OR 97440 Phone: (541) 687-1117 Inst, AIA Document A312° — 2010, The American Institute of Architects, 001110 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract,. which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default, Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice, if the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and ,3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5,1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. tnit. AIA Documant A312T" —2010. The American institute of Architects. § 7 if the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14,2 Construction Contract, The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14,3 Contractor Default, Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with is material term of the Construction Contract. § 14.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 151f this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Init. AIA Document A3121' —2010. The American Institute of Architects. § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of'aclded parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CAUTION: You should sign an original AIA Contract Documont, on which this text appoars In RED. An original assures that ohangaa will not ba obscured. lalt. AIA 4ocoment A312*" — 2010. The American InstiMe otArchitects. 4 M, - Document A3121M - 2010 Payment Bond CONTRACTOR: (Name, legal status and address) Riverside, Inc. PO Box 720 Parma, ID 83660 OWNER: (Name, legal status and address) City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 CONSTRUCTION CONTRACT Date: April 5, 2016 SURETY: (Name, legal status and principal place of business) Old Republic Surety Company 10220 SW Greenburg Rd., Suite 640 Portland, OR 97223 Amount: Two Hundred Thirty -Two Thousand Two Hundred Ninety -Five and No/100ths Dollars - - - ($232,295.00) Description: (Name and location) Well 29 Production Well - Construction Project # 10461.f Meridian, ID 83642 BOND Date: April 5, 2016 (Not earlier than Construction Contract Date) Bond No. YCN2161308 This document has important legal consequences. Consultation with an attorney is encouraged with respect to Its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond. Amount: Two Hundred Thirty -Two Thousand Two Hundred Ninety -Five and No/100ths Dollars - - - ($232,295.00) Modifications to this Bond: M None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: ( orate Seal Company: (Corporate Seal) Riverside, Inc. Old Republic Surety Company�����'�-'(- Signature: Signature: Name�r -p 'y Name Ruby M. skell and Title: 0- �%�G S�Gt ��'j ,/_ and Title: Attorney -I -Fact (Any additional signatures appear on the last page of this Payment Bond) (FOR INFORMATION ONLY-- Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Ward Insurance Agency, Inc. (Architect, Engineer orotherparty) PO Box 10167 Eugene OR 97440 Phone: (541) 687-1117 Init. AIA Document A212- —2010. The American institute of AroNteots, 001110 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5. l .1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. if, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums round to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. (nit. . AIA Document A3121" — 2010. The American Institute of Architects. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears.,Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant, An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and cnginecring services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be assorted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. Init. AIA Document AM` —2010. The American Instituto of ArCMitacts. 7 § 16,4 Owner Default, Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 Contract Documents, All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document, on which this text appears in RI:CI. An original assures that changes will not be obscured, Init. AIA Document A312"' —2010. The American Inatituts of Archlteots. '4�� "® CERTIFICATE OF LIABILITY INSURANCE D3/31/2016Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 77 77 Ward Insurance Agency F PO BOX 10167 RE MANk�}§.3 0 rjg�1 f 0 NAME: CT Sandy Graham PHONE (541) 687-1117 FAX (541)342-8260 A1C No Ext): AIC No -MAIL sand @wardinsurance.net ADDRESS: y INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Idaho State Insurance ELmd Eugene OR 9744 INSURED INSURER B: INSURER C: Riverside, Inc. P 0 Box 720 INSURER D: INSURER E: GENERAL AGGREGATE $ Parma ID 83660 INSURER F: COVERAGES CERTIFICATE NUMBER:15/16 WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSID SUBR WVD POLICY NUMBER POLICY EFF MM/DDIYYYY POLICY EXP MMIDD/YYYY LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS -MADE OCCUR EACH OCCURRENCE $ D -A AGE TO RENTED PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: PRO - POLICY JECT LOC OTHER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS COMBINED SINGLE LIMIT $ Ea accident _ BODILY INJURY (Per person) $ BODILY INJURY Pident $ (Per accident) ( ) PROPERTY DAMAGE $ Per accident UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 629237 7/1/2015 7/1/2016 PERTOERTH- STAUTE E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE$ 1 000 000 Id E.L. DISEASE- POLICY LIMIT 1 $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Project #10461.f - Well 29 Production Well - Constuction RI IrII.H 1 C nULUCR City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 ACORD 25 (2014/01) INS025 (201401) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Christensen/SANDY ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD '4�!Rbr CERTIFICATE OF LIABILITY INSURANCE FDATE (MM/DD/YYYY) TYPE OF INSURANCE 3/30/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER,;. �. -1 T u %NAME: CONTACT Krist Martin Y Ward Insurance Agency t PHONE o Ext: (541) 687-1117 �C No: (541)342-8280 R_ PO Box 10167 gD�RIESS:kristy@wardinsurance.net �i,,AAR 3 6 INSURERS AFFORDING COVERAGE NAIC # INSURER A:Liberty Northwest 01814 Eugene OR 97440 INSURED ( i INSURER B :Federal Insurance Company20281 Riverside, Inc.` 9/7/2016 INSURERC: P O Box 720 INSURERD: INSURER E: Parma ID 83660 INSURER F: COVERAGES CERTIFICATE NUMBER:15/16-1 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN SR LTR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MMIDDYNYrr MMIDD� LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED 100 000 PREMISES Ea occurrence $ MED EXP (Any one person) $ 5,000 X Y C11164364 9/7/2015 9/7/2016 PERSONAL &ADV INJURY $ 1,000,000 GENT AGGREGATE LIMIT APPLIES PER: O- X POLICY ❑PRJECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 A X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS 011164369 HIRED AUTO PD 9/7/2015 9/7/2016 BODILY INJURY (Per person) $ BODILY INJURY Per accident $ ( ) X HIRED AUTOS LXAUUTOSWNED $1,000 COMP. DED. PROPERTYr accidentDAMAGE $ Pe $ $1,000 COLL. DED. X UMBRELLA LIAB I X OCCUR EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 A EXCESS LIAB CLAIMS -MADE DED RETENTION $ C11164364 9/7/2015 9/7/2016 WORKERS COMPENSATIONPER AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVEE.L. OFFICER/MEMBER EXCLUDED? ❑ N / A OTH- STATUTE ER EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ (Mandatory In NH) If yes, describe under E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS below B INLAND MARINE 06643024 9/7/2015 9/7/2016 JIB & BOOM OVERLOAD COV. LEASED/RENTED EQUIPMENT LIMIT:$100,000 $1,000 DED. DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: Well 29 Production Well - Construction The City of Meridian, its servants, agents, officers, employees, guests, and business invitees are included as additional insured on a primary and non-contributory basis with waiver of subrogation per attached CG8416; per project aggregate also applies per attached form. Completed operations applies per attached CG8583. All applies where required by written contract agreement. All is subject to policy terms, limits, conditions, and exclusions. City of Meridian Purchasing Dept 33 E Broadway Ave Ste 106 Meridian, ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Doc DuMars/EMILY ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD I N S025 (901401 ) C11164364 RIVERSIDI INC 9/7!2015 COMMERCIAL GENERAL LIABILITY CG 841612 03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY MASTER PAK PLUS@ FOR CONSTRUCTION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART INDEX S b ect Blanket Additional Insured (Owners, Lessees or Contractors) Fire, Lightning, Explosion and Sprinkler Leakage Damage to Premises You Rent Non -Owned Watercraft Supplementary Payments (Bail Bonds) Personal And Advertising Injury - Electronic Publication Extension Aggregate Limits (Per Location) Aggregate Limits (Per Project) Voluntary Property Damage Coverage Off Premises Care, Custody or Control Coverage Newly Formed or Acquired Organizations Duties in the Event of Occurrence, Offense, Claim or Suit Bodily Injury (Mental Anguish) Waiver of Transfer of Rights of Recovery Against Others Medical Payments Broad Named Insured Broadened Mobile Equipment Incidental Malpractice Liability Non -Owned Aircraft Property Damage - Elevators CG 8416 12 03 Includes copyrighted material of ISO Properties, Inc„ with its permission. E Sao 00 2 3 4 4 5 5 5 6 6 7 7 8 8 8 8 8 8 9 9 Page 1 of 9 1. BLANKET ADDITIONAL INSURED (Owners, Lessees Or Contractors) (Includes a Primary/Non-Contributory provision) Section iI - Who Is An Insured is amended to include as an insured any person or organization whom you are required to name as an additional insured on this policy in a written contract or written agreement, The written contract or written agreement must be currently in effect or becoming effective during the term of this policy and executed prior to the "bodily injury," "property damage" or "personal and advertising injury." The insurance provided the additional insured is limited as follows: A. The person or organization is only an additional insured with respect to liability: 1. Arising out of real property, as described in a written contract or written agreement, that you own, rent, lease or occupy; or 2. Caused by your ongoing operations performed for the additional insured. The insurance provided the additional insured in 1.A.2. above does not apply to: a. Coverage A - Bodily Injury and Property Damage Liability, Coverage B - personal! and Advertising Injury Liability or defense coverage under the Supplementary Payments arising out of an architect's, engineers or surveyor's rendering of or failure to render any professional services including: (1) The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and (2) Supervisory, inspection, architectural or engineering activities. b. "Bodily injury" or "property damage" occurring after: (1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) that was performed by or on behalf of the additional insured(s) at the site where the covered operations have been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another Contractor or subcontractor engaged in performing operations for a principal as part of the same project. B. The limits of insurance applicable to the additional insured are those specified in a written contract or written agreement or the limits of Insurance as stated in the Declarations of this policy and defined in Section III - Limits Of Insurance of this policy, whichever are less. These limits are Inclusive of and not in addition to the limits of insurance available under this policy. C. The insurance provided the additional insured does not apply to the liability resulting from the sole negligence of the additional insured. CG 8416 12 03 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 2 of 9 EM 00 D. As respects the coverage provided to the additional insured under this endorsement, Section IV - Conditions is amended as follows: 1. The following is added to Condition 2. Duties In The Event Of Occurrence, Offense, Claim, or Suit: An additional insured under this endorsement will as soon as practicable; a. Give written notice of an "occurrence" or an offense, that may result in a claim or "suit" under this insurance to us; b. Tender the defense and indemnity of any claim or "suit" to a[[ insurers whom also have insurance available to the additional insured; and c. Agree to make available any other insurance which the additional insured has for a loss we cover under this Coverage Part, 2. The following is added to Condition 3. Legal Action Against Us: We have no duty to defend or indemnify an additional insured under this endorsement until we receive written notice of a claim or "suit" from the additional insured, 3. The following is added to Paragraph a., Primary Insurance of Condition 4. Other Insurance: If the additional insured's policy has an Other Insurance provision making its policy excess, and a Named Insured has agreed in a written contract or written agreement to provide the additional insured coverage on a primary and noncontributory basis, this policy shall be primary and we will not seek contribution from the additional insured's policy for damages we cover, 4. The following is added to Paragraph b,, Excess Insurance of Condition 4. Other Insurance: Except as provided in Paragraph 4.a. Primary Insurance as amended above, any coverage provided hereunder shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis. In the event an additional insured has other coverage available for an"occurrence" by virtue of also being an additional insured on other policies, this insurance is excess over those other policies, 2. FIRE, LIGHTNING, EXPLOSION AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If Damage To Premises Rented To You under Coverage A is not otherwise excluded from this policy, the following applies: A. The last paragraph of 2. Exclusions of Section I - Coverage A is replaced by the following: if Damage To Premises Rented To You is not otherwise excluded, Exclusions c. through n. do not apply to damage by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section III - Limits Of Insurance. B. Paragraph 6. of Section III - Limits Of Insurance is replaced by the following: 6. Subject to S. above, the higher of $300,000 or the Damage To Premises Rented To You Limit shown in the Summary of Limits and Charges section of this policy is the most we will pay under Coverage A for damages because of "property damage" to premises rented to you or temporarily occupied by you with the permission of the owner arising out of any one fire, lightning, "explosion" or sprinkler leakage incident. CG 8416 12 03 Includes copyrighted material or ISO Properties, Inc., with its permission. Page 3 of 9 E 602 00 C. Paragraph b.(1)(b) of Condition 4. Other Insurance (Section IV — Conditions) is replaced by the following: (1) That is l=ire, lightning, Explosion or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner, D. Paragraph 9.a. of the definition of "insured contract" in Section V- Definitions is replaced by the following: 9. "Insured contract" means: a. A contract for the lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damages by fire, lightning, "explosion" or sprinkler leakage to premises while rented to you or temporarily occupied by you with the permission of the owner is not an "insured contract"; E. The following definition is added to Section V - Definitions: "Explosion" means a sudden release of expanding pressure accompanied by a noise, a bursting forth of material and evidence of the scattering of debris to locations further than would have resulted by gravity alone. "Explosion" does not include any of the following: 1. Artificially generated electrical current including electrical arcing that disturbs electrical devices, appliances or wires; 2. Rupture or bursting of water pipes; 3. Explosion of steam boilers, steam pipes, steam engines or steam turbines owned or leased by you, or operated under your control; or 4. Rupture or bursting caused by centrifugal force. 3. NON -OWNED WATERCRAFT Subparagraph g.(2) of Paragraph 2,, Exclusions of Section I - Coverage A is replaced by the following: (2) A watercraft you do not own that is: (a) less than 51 feet long; and (b) Not being used to carry persons or property for a charge; 4. SUPPLEMENTARY PAYMENTS in the Supplementary Payments - Coverages A and 8 provision: The limit for the cost of bail bonds in Paragraph 1.b. is changed from $250 to $1000. CG 8416 12 03 Includes capyrlghted material or ISO Propertles, Inc,, with its permisslon. Page 4 of 9 E 603 DO PERSONAL. AND ADVERTISING INJURY - ELECTRONIC PUBLICATION EXTENSION Paragraphs 14.b., d. and e, of Section V - Definitions are replaced by the following: b. Malicious prosecution or abuse of process; d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; The following is added to Paragraph 14. "Personal and Advertising injury" of Section V - Definitions: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: (1) Not done intentionally by or at the direction of; (a) An insured; or (b) Any "executive officer" director, stockholder, partner or member of the insured; and (2) Not directly or indirectly related to the employment, prospective employment or termination of employment of any person or persons by any insured. Subparagraphs b, and c, of 2., Exclusions of Section I - Coverage B , Personal And Advertising Injury Liability are replaced by the following; b. Material Published With Knowledge Of Falsity Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; c. Material Published Prior To Policy Period Personal and advertising injury" arising out of oral, written, televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 6. AGGREGATE LIMITS OF INSURANCE (PER LOCATION) The General Aggregate Limit under Section III Limits Of Insurance applies separately to each of your "locations" owned by or rented to you or temporarily occupied by you with the permission of the owner. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad, 7. AGGREGATE LIMITS OF INSURANCE (PER PROJECT) The General Aggregate Limit under Section Ill Limits Of insurance applies separately to each of your projects away from premises owned by or rented to you. CG 8416 12 03 Includes copyrighted material of 150 Properties, Inc., with its permission, Page 5 of 9 E M 00 8. VOLUNTARY PROPERTY DAMAGE COVERAGE At your request, we will pay for "loss" to property of others caused by your business operations. The most we will pay for this coverage is $500 each "occurrence," The "loss" must occur during the policy period. The "occurrence" must take place in the "coverage territory". "Loss" means unintended damage or destruction, "Loss" does not mean disappearance, abstraction or theft, This coverage does not apply to: 1. Damage arising out of the use of any "auto"; 2. Property you own, occupy, rent or lease from others; or 3. Property on your premises for sale, service, repair or storage. None of the other policy exclusions apply to this coverage. If the policy to which this endorsement Is attached is written with a property damage liability deductible, the deductible shall apply to Voluntary Property Damage. The limit of coverage stated above shall not be reduced by the amount of this deductible. 9. OFF PREMISES CARL, CUSTODY OR CONTROL COVERAGE A. We will pay those sums that you become legally obligated to pay as damages because of "property damage" to personal property of others while in your or your "employees" care, custody or control or real property of others over which you or your "employees" are exercising physical control if the "property damage" arises out of your business operations. This Coverage is subject to sections B., C., D. and E. below. B. Exclusions This insurance shall not apply to: 1. "Property damage" of property at premises owned, rented, leased, operated or used by you; 2. "Property damage" of property while in transit; 3. The cost of repairing or replacing: (a) Any of your work defectively or incorrectly done by you or by others on your behalf; or (b) Any product manufactured, sold or supplied by you, unless the "property damage" is caused directly by you after delivery of the product or completion of the work and resulting from a subsequent undertaking; or 4. 'Property damage" of property caused by or arising out of the "products -completed operations hazard". C. Limits Of Insurance - The most we will pay for "property damage" under this Section 9. is $25,000 for each "occurrence". The most we will pay for the sum of all damages covered under this Section 9, because of "property damage" is an annual aggregate limit of $25,000. The Limits Of Insurance provided under this Section 9, are inclusive of and not in addition to any other limits provided in the policy or endorsements attached to it. D. Deductible - We will not pay for "property damage" In any one "occurrence" until the amount of "property damage" exceeds $250. If the policy to which this endorsement is attached contains a "property damage" deductible, that deductible shall apply if it is greater than $250. E. In the event of "property damage covered by this endorsement, you shall, if requested by us, replace the property or furnish the labor and materials necessary for repairs thereto at your actual cost, excluding profit or overhead charges. CG 8¢16 12 03 Includes copyrighted material of ISO Properties, Inc., with its permission. Page 6 of 9 E 005 00 10. NEWLY FORMED OR ACQUIRED ORGANIZATIONS A. Paragraph 4. of Section Il - Who is An Insured is deleted and replaced by the following: 4. Any business entity acquired by you or incorporated or organized by you under the laws of any individual state of the United States of America over which you maintain majority ownership interest exceeding fifty percent. Such acquired or newly formed organization will qualify as a Named Insured if there is no similar insurance available to that entity. However: a. Coverage under this provision applies only until the expiration of the policy period in which the entity was acquired or incorporated or organized by you. b. Coverage A does not apply to "bodily injury" or "property damage" that occurred before the entity was acquired or incorporated or organized by you. c. Coverage B does not apply to "personal and advertising injury" arising out of an offense committed before the entity was acquired or incorporated or organized by you. d. Records and descriptions of operations must be maintained by the first Named Insured. B. This Section 10. does not apply to newly forted or acquired organizations if coverage is excluded either by provisions of the Coverage Part or by other endorsement(s) attached to it. 11. DUTIES IN THE EVENT OF OCCURRENCE, OFFENSE, CLAIM OR SUiT A. The requirements in Section IV - Conditions, Paragraph 2.a., that you must see to it that we are notified of an "occurrence" applies only when the "occurrence" is known to: 1. You, if you are an Individual; 2. A partner, if you are a partnership; 3. A member or manager, if you are a limited liability company; 4. An executive officer or designee, if you are a corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. B. The requirements in Section IV - Conditions Paragraph 2.b. that you must see to it that we receive written notice of a claim or "suit" will not be considered breached unless the breach occurs after such claim or "suit" is known to: 1. You, if you are an individual; 2. A partner, if you are a partnership; 3. A member or manager if you are a limited liability company; 4. An executive officer or designee, if you area corporation; 5. A trustee, if you are a trust; or 6. A designee, if you are any other type of organization. Knowledge of an "occurrence," claim or "suit" by the agent, servant or "employee" of any insured shalt not in itself constitute knowledge of the insured unless an officer or designee shall have received notice from its agent, servant or "employee". 12. BODILY INJURY Paragraph 3. of the definition of "bodily injury" in the Section V - Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. CG 8416 12 03 Includes copyrighted material of ISO Properties, Inc., with its permission. Page i of 9 E 606 00 13, WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against any person or organization for whom you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the agreement. 14. MEDICAL PAYMENTS If Coverage C Medical Payments is not otherwise excluded, the Medical Expense Limit provided by this policy shall be the greater of: A. $10,000; or B. The amount shown in the Declarations. 15. BROAD NAMED INSURED Paragraph 2.a.(1)(d) of Section 11- Who Is An insured is replaced by the following: (d) Arising out of his or her providing or failing to provide professional health care services, However, this exclusion does not apply to nurses, emergency medical technicians or paramedics who are employed by you to provide medical or paramedical services to your employees. 16. BROADENED MOBILE EQUIPMENT Paragraph 12.f.(1) of Section V - Definitions is replaced by the following: (1) Equipment designed primarily for: (a) Snow removal; (b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning provided that vehicles have a Gross Vehicle Weight of 1,040 pounds or greater; 17. INCIDENTAL MALPRACTICE LIABILITY Paragraph 3. of Section V - Definitions is replaced by the following: 3. "Bodily injury" means bodily injury, sickness, disease or "incidental medical malpractice" sustained by a person, including mental anguish or death resuiting from any of these at any time. The following is added to Section V - Definitions: 23. "Incidental medical malpractice" means injury arising out of the negligent rendering or failure to render medical or paramedical services to persons by any physician, dentist, nurse, emergency medical technician or paramedic who is employed by you to provide such services to your employees, provided you are not engaged in the business or occupation of providing any services referred to in this definition. 18. NON -OWNED AIRCRAFT The following is added to Subparagraph g. of 2., Exclusions of Section I - Coverage A Bodily Injury And Property Damage Liability: (6) An aircraft with a paid crew, that is hired, chartered or loaned but is not owned by any insured. CG 8416 12 03 Includes copyrighted material of 150 Properties, Inc., with Its permisslon, E 607 as Page 8 of 9 19, PROPERTY DAMAGE - ELEVATORS The following Is added to Subparagraph j, of 2., Exclusions of Section I - Coverage A Bodily injury And Property Damage Liability: Paragraphs (3) and (4) of this exclusion do not apply to damages that result from the use of elevators. All other terms and conditions of your policy remain unchanged. CGe X416 12 03 Includes copyrighted material or ISO Properties, Inc., with its permission. Page 9 of 9 C11-16-43-64 RIVERSIDE INC 09/07/15 COMMERCIAL GENERAL LIABILITY CG 8583 10 05 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE REAL) IT CAREFULLY. BLANKET ADDITIONAL INSURED CONTRACTORS - PRODUCTS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Section 11 - Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) whom you have agreed to add as an additional insured in a written contract or written agreement, but only with respect to liability for "bodily injury" or "property damage" caused by "your work" performed for that additional insured and included in the "products -completed operation hazard". B. The following additional provisions apply to the additional insured: 1. When the Named Insured is required to add an additional insured on this policy in a written contract or written agreement; the written contract or written agreement must be: a. Currently in effect or becoming effective during the term of this policy; b. Executed prior to the "bodily injury," or "property damage"; and c. Between a Named Insured and the additional insured. 2. That person or organization is an additional insured only for liability caused by your negligence specifically resulting from "your work" for the additional insured which is the subject of the written contract or written agreement. No coverage applies for any liability due to negligence attributable to any person or entity other than the Named Insured, the Named Insured's employees or subcontractors. 3. The Limits of Insurance applicable to the additional insured are the lesser of: a. Those specified in the written contract or written agreement, or b. Those provided by this policy and defined in Section III - Limits Of Insurance. These Limits of Insurance are inclusive of, and not in addition to, the Limits Of Insurance shown in the Declarations and defined in Section III - Limits Of Insurance. 4. The insurance provided to the additional insured does not apply to: "Bodily injury" or "property damage" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawing and specifications; and b. Supervisory, inspection, architectural or engineering activities. CG 8583 10 05 Includes Copyrighted Material of ISO Properties, Inc., with its permission. Page 1 Of 2 F FaK nn 5. The following replaces Exclusion I. under Paragraph 2., Exculsions of Section 1— Coverage A -- Bodily Injury And Property Damage Liability: I. Damage To Your Work This insurance does not apply to "property damage" to "your work" arising out of it or any part of it and included in the "product -completed operations hazard". 6. We have no ditty to defend or indemnify an additional insured under this endorsement: a. For any liability due to negligence attributable to any person or entity other than the Named Insured, the Named Insured's employees or subcontractors. b. For any loss which occurs prior to our Named Insured commencing operations at the location of the loss. c. Until we receive written notice of a claim or "suit" from the additional insured as required in Section IV — Conditions, Duties in The Event Of Occurrence, Offense Claim Or Suit. C. Section IV - Conditions are amended as follows: 1. The following is added to Paragraph 2., Duties In The Event of Occurrence, Offense, Claim or Suit: An additional insured under this endorsement must comply with all provisions of this section. 2. As respects the coverage provided underthis endorsement, Paragraph 4.b., Other Insurance is deleted and replaced by the following: 4. Other Insurance b. Excess Insurance This insurance is excess over any other insurance naming the additional insured as an insured whether primary, excess, contingent or on any other basis unless the written contract or agreement described in A. above specifically requires that this insurance be provided on either a primary basis or a primary and non-contributory basis. CG 8583 10 05 Includes Copyrighted Material of ISO Properties, Inc., with its permission. Page 2 of 2 Boa �� eTRAKiT Page 1 of 1 Home 1 Setup an Account 1 Log In Lieensee V Username PassnroM LOGIN ❑ REMEMBER ME Forgot Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Paid Items Contact Contact us Public Works Search P Search Again Download Results Printable View hr t EPre� Details - License Number: PWC -C-11115 Lic InfoFees $1,950.00 Registration M PWC -C-11115 Issue: 8/20/2015 Expire: 6/30/2016 Type: PUBLIC WORKS Sub -Type: A Status: ACTIVE Company: Riverside, Inc. Phone: (208) 722-6731 Cell: Pager: Fax: (208) 722-6736 Owner Name: Page: 1 of 1 Next jLastj The Division of Building Safety, makes every effort to produce and publish gie most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, fts use, or its interpretation. Utilization of (his website Indicates understanding and acceptance of (his statement 1-800-955-3044, 1090 E Watertower St, Suite 150 Meridian ID 63642 HOME 1 CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublicWorksSearchRslts.aspx 3/18/2016 IDSOS Viewing Business Entity Page I of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State New Search Back to Summary ] Get a certificate of existence for RIVERSIDE, INC. [ Monitor RIVERSjIDE, INC. business filings RIVERSIDE,INC. P 0 BOX 720 PARMA, ID 83660 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 14 Jan 1993 State of Origin: IDAHO Date of 14 Jan 1993 Origination/Authorization: Initial Registered Agent: DENNIS D DAUGHERTY 111 S ROSWELL BLVD PARMA, ID 83660 Organizational ID / Filing C100751 Number: Number of Authorized Stock 2400 Shares: Date of Last Annual Report: 13 Nov 2015 Annual Report Due: Jan 2017 [ Help Me PrintZView TIFF ] Filed 14 Jan 1993 INCORPORATION View Image (PDF format) View Image (TIFF format) [ Help Me Print/View TIFF ] Report for year 2016 ANNUAL REPORT View Document Online Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2008 ANNUAL REPORT View Document Online Report for year 2007 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2006 https://www.accessidaho.org/public/sos/corp/Cl00751.html 3/18/2016 IDSOS Viewing Business Entity ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2001 ANNUAL REPORT Report for year 2000 ANNUAL REPORT Report for year 1999 ANNUAL REPORT Report for year 1998 ANNUAL REPORT Report for year 1997 ANNUAL REPORT Report for year 1996 ANNUAL REPORT Report for year 1995 ANNUAL REPORT Report for year 1994 ANNUAL REPORT Report for year 1993 ANNUAL REPORT Page 2 of 2 View Image (PDF format) View Idaho Secretary of State's Main Page State of Idaho Nome Page Comments, questions or suggestions can be emailed to: sosinfoCa)sos.idaho.aov https://www.accessidaho.org/public/sos/corp/C 100751.htm1 3/18/2016 Image (TIFF format) _View Image (PDF formats View Imaqe (TIFF format) View Imaqe (PDF format) View Imaqe (TIFF format) View Imaqe (PDF format, View Imaqe (TIFF format) View Image (PDF format) View Image (TIFF format View Image (PDF formats View Imaqe (TIFF format View Image PDF formats View Image (TIFF format) View Imaqe (PDF format) View Image (TIFF format View Image (PDF format View Imaqe (TIFF format) View Imaqe (PDF format) View Imaqe (TIFF format) View Image (PDF format) View Image (TIFF format) View Imaqe (PDF format) View Image (TIFF format) Idaho Secretary of State's Main Page State of Idaho Nome Page Comments, questions or suggestions can be emailed to: sosinfoCa)sos.idaho.aov https://www.accessidaho.org/public/sos/corp/C 100751.htm1 3/18/2016 Q Q) 0 0 O O o O W 0 0 o N N N O G r O o O u)w Ln !J •r +J N C O H W W OJ m v ro U j S -I CA N a, a W T 41 41 ro x +� is o N 'moi o 0 0 0 0 0 0 a) N C rl in a)r r r a v ro ll� v M m (N a fA r � N o a o 0 0 0 0 0 a A g m Sa 0 O o O o fao 0 0 0 0 0 'd y 4J M ?� ro O o 0 0 o •.i � N U a +� C u� rn <r c c U1 Np, N43 W El R 14 N TS ko to41 <r o o ro ul H q o o g y o OF o 0 C -4 4J a w w 0 +� I G m �j +' o ro Q ro Ga ro cs ro - O a N m O H 0 W 5 F rtl m rn v mH r -i N N U 4JN Q Z o r -1o -1 u) 10w a � 3 a � Q 0 w a P4 w H ro w o U Q H Q Q) Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 5D PROJECT NUMBER: ITEM TITLE: Concessions Operations Lease Agreement for Concessions Operations at Settlers Park Between the City of Meridian and Daisy's Italian Ice and Gelati MEETING NOTES APMOVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS LEASE AGREEMENT for CONCESSIONS OPERATIONS AT SETTLERS PARK This LEASE AGREEMENT for CONCESSIONS OPERATIONS AT SETTLERS PARK ("Lease") is entered into by and between the City of Meridian ("Landlord"), and Julie Scarborough, on behalf of Daisy's Italian Ice & Gelati LLC ("Tenant"), effective the 1;;) day of r� , 2016 ("Effective Date"). In this Lease, Landlord and Tenant may be referred to individually as a "Party" or collectively as "Parties." WHEREAS, Landlord owns Settler's Park, located at 3245 N. Meridian Road, which park includes a concession building adjacent to the splash pad (hereinafter "Lease Premises"); WHEREAS, Landlord is authorized by Idaho Code section 50-1401 to manage real property owned by the Landlord in ways which the judgment of City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Tenant for selling concessions serves the public interest; WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to Tenant; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, Landlord and Tenant agree as follows: I. Lease granted. In consideration of the payment of rent and other sums to be paid by Tenant to Landlord pursuant to this Lease (collectively referred to hereinafter as "Rent") and the performance of the other covenants, conditions and agreements in this Lease to be kept and performed by Tenant, Landlord does hereby lease and demise Lease Premises to Tenant. II. Use of Lease Premises. Tenant's use and occupancy of the Lease Premises shall be limited to the preparation of food consistent with the requirements and standards established by applicable federal, state, city and health department laws, ordinances, regulations and resolutions; and the sale of food, beverages, swim diapers, and novelty items as set forth in Request for Proposals for Project no. PKS-1617-10120.d, and Tenant's response thereto, which are attached hereto as Exhibit A. Tenant shall not use or permit the use of the Lease Premises for any other purpose without the express written consent of Landlord. Tenant warrants and represents that Tenant has undertaken a complete and independent evaluation of any and all risks inherent in the execution of this Lease and the operation of the Lease Premises for its use permitted hereby, and that, based upon said independent evaluation, Tenant has elected to enter into this Lease and hereby assumes all risks with respect thereto, some of which risks may be unknown. SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 1 of 11 III. Scope of services. As a condition of Tenant's use and occupancy of the Lease Premises, Tenant shall provide the services enumerated in Attachment A (Specifications/Scope) of the Request for Proposals for Project no. PKS-1617-10120.d, attached hereto as Exhibit A, under sections B (Dates/Times of Service) and D (Additional Requirements). Further, Tenant shall insure that the area within and immediately adjacent to concession area of the Lease Premises is kept clean and free of all debris, litter, or other unclean or unsightly condition caused or created by the operation. IV. Term of lease. The term of this lease shall begin on the Effective Date, and shall end at 11:59 p.m. on October 31, 2018, unless earlier terminated by either Party by the method established herein. Tenant shall be deemed to have occupied the Lease Premises for purposes of commencing the Lease term as of the Effective Date. Time is of the essence in all matters related to this Lease. V. Responsibilities of Tenant. With regard to Tenant's use and occupancy of the Lease Premises under this Lease, Tenant shall be responsible for each and all of the following. A. Rent. Beginning with the Effective Date, Tenant shall pay Rent to Landlord according to the Payment Schedule set forth in Exhibit B hereto. B. Personal property taxes. If applicable, Tenant shall pay, prior to delinquency, all personal property taxes payable with respect to all personal property of Tenant located on or at the Lease Premises, including any inventory, equipment, floor, ceiling and wall coverings, furniture and/or trade fixtures kept or used in or on the Lease Premises, and any improvements to the Lease Premises that are owned by and separately assessed to Tenant. C. Surrender of Lease Premises; removal of property. Subject to the provisions set forth herein regarding early termination, upon expiration of the Lease term or earlier termination of the Lease, whether by lapse of time or otherwise, Tenant, at Tenant's sole expense, shall: 1. Remove the Property of Tenant; 2. Repair and restore the Lease Premises to a condition as good as received by Tenant from Landlord, reasonable wear and tear excepted; and 3. Promptly and peacefully surrender the Lease Premises and yield up possession to Landlord. Any property left on the Premises after the expiration or termination of the Lease shall be deemed to have been abandoned and shall become the property of Landlord. Tenant shall be liable for all costs associated with the removal and/or disposal of such property. Tenant hereby waives all claims for damages that may be caused by Landlord's reentering and taking possession of the Lease Premises or removing and storing the Property of Tenant and/or other property as herein provided. No such reentry shall be considered or construed to be a forcible entry. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in surrendering the Lease Premises, including, without limitation, any claims made by a succeeding tenant founded on such delay. SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 2 of 11 D. Condition of Premises. Tenant acknowledges that Tenant has inspected the Lease Premises and does hereby accept the Lease Premises as being in good and satisfactory order, condition, and repair. It is understood and agreed that Landlord makes no warranty or promise as to the condition, safety, usefulness or habitability of the Lease Premises, and Tenant accept the Lease Premises "as is." In entering into this Lease, Tenant is relying on its own investigation and inspection of the Lease Premises and its own determination of the suitability of the Lease Premises, physically and legally, for its intended use. E. Alterations. Tenant shall make no additions, changes, alterations or improvements to the Premises or to any electrical, mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. Tenant shall be responsible for any and all code requirements resulting from any additions, changes, alterations or improvements to the Premises. F. Waste. Tenant shall not commit or allow to be committed any waste upon the Premises, or any nuisance, or any act in or about the Premises that disturbs the quiet enjoyment of Landlord. Tenant, at Tenant's sole expense, shall comply with all laws and regulations relating to its use or occupancy of the Lease Premises. G. No assignment or subletting. Tenant shall not, without first obtaining Landlord's written consent: (1) sell, assign, mortgage, or transfer this Lease or any interest therein; (2) sublease all or any portion of the Lease Premises; or (3) allow the use or occupancy of the Lease Premises by anyone other than Tenant. No assignment or sublease shall relieve the Tenant of any liability under this Lease, unless Landlord consents in writing to accept such assignment or sublease as a whole or partial novation. Notwithstanding the foregoing, any transfer of this Lease by merger, consolidation or liquidation of Tenant shall not constitute an assignment hereunder. H. Compliance with ADA. Tenant shall not enter into any change of use of the Premises, whether approved by Landlord or not, if such change in use would result in increased liability of Landlord under the Americans with Disabilities Act of 1990, Public Law No. 101-336, 42 USC 12101 et. seq. as it may be amended from time to time ("ADA"). I. No Hazardous Substances. Tenant specifically agrees not to use, store or deposit any substance that is hazardous or dangerous to person, property or the environment (or any similar substance) as now or hereafter defined by or determined pursuant to any applicable state or federal law or regulation in amounts exceeding legally permissible levels in, on, or about the Lease Premises. Liens. Tenant agrees that it will pay or cause to be paid all costs for work done by Tenant on the Premises, and Tenant will keep the Lease Premises free and clear of all mechanics' liens on account of work done by Tenant or persons claiming under Tenant. Tenant agrees to defend, indemnify and save Landlord free and harmless against liability, loss, damage, costs, attorneys' fees, and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 3 of 11 to 'Tenant or persons claiming under Tenant. If Tenant shall desire to contest any claim of lien, it shall furnish Landlord adequate security for the value or in the amount of the ,-iaim, plus estimated costs and interest, or a bond of responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose has been filed and Tenant shall not have furnished Landlord adequate security as more particularly provided above, then, in order to protect the Lease Premises and Landlord against such claim of lien, Landlord may, but shall not be required to, pay the claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant agrees to and shall pay the same. Should any claims of lien be filed against the Lease Premises or any action affecting the Lease Premises be commenced, the Party receiving notice of such lien or action shall forthwith give the other Party written notice thereof. K. Indemnification. Tenant specifically indemnifies Landlord and holds Landlord harmless from any loss, liability, claim, judgment, or action for damages or injury to Tenant, to Tenant's personal property or equipment, and to Tenant's employees, agents, guests or invitees arising out of or resulting from the condition of the Lease Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of Landlord or its employees. Tenant further agrees to indemnify and hold Landlord harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the leased premises by Tenant or by Tenant's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of Landlord or its employees. If any claim, suit or action is filed against Landlord for any loss or claim described in this paragraph, Tenant, at Landlord's option, shall defend Landlord and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify Landlord for all such costs and fees incurred by Landlord in the defense or resolution thereof. L. Insurance. 1. Comprehensive Liability Insurance. Tenant shall purchase and maintain in force throughout the term of this lease in force with an insurance carrier acceptable to Landlord a policy of commercial general liability insurance covering the activities of Tenant in connection with the Lease Premises, having a combined single limit of not less than one million dollars ($1,000,000) per person and per occurrence and property damage liability insurance with a limit of not less than one million dollars ($1,000,000) per accident or occurrence. The insurance shall insure against any and all liability of Tenant with respect to the Lease Premises and any other property used or useable by Tenant. 2. Personal Property Insurance. Tenant shall purchase and maintain in force throughout the term of this lease insurance covering all of Tenant's and Landlord's furniture and fixtures, machinery, equipment, inventory, and other personal property SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 4 of 11 owned or used by Tenant in, on, or about the Lease Premises. All policy proceeds shall be used for the repair or replacement of the property damaged or destroyed egardless of the cause of such damage; however, if this Lease ceases due to early termination due to damage or destruction as described herein, Tenant shall be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery, equipment, inventory, and any other personal property. 3. Policy Form. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Tenant shall be on forms and with loss payable clauses satisfactory to Landlord naming Landlord as additional insured and copies of policies of such insurance or certificates issued by the insurance company evidencing the existence and amounts of such insurance shall be delivered to Landlord. Failure of Tenant to renew or replace such insurance at least thirty (30) days prior to the expiration date of such policy shall constitute a material default under the terms of this Lease. All policies of insurance provided by Tenant may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Tenant. 4. Failure of Tenant to Insure. In the event Tenant shall fail to purchase and keep in force any of the insurance required of the Tenant, Landlord has the right to terminate the Lease. Landlord may, but shall not be required to, purchase and keep in force the same, in which event the Tenant shall pay to the Landlord the full amount of the Landlord's expenses with respect thereto, said payment to be made within ten (10) days after demand for such payment by the Landlord. 5. Insurance Risks. Tenant shall not do or permit to be done any act or thing upon the Lease Premises which would (a) jeopardize or be in conflict with fire insurance policies covering the Lease Premises, fixtures, and property on the Lease Premises; (b) increase the rate of any insurance applicable to the Lease Premises to an amount higher than it otherwise would be for the general use of the Lease Premises; or (c) subject Landlord to any liability or responsibility for injury to any person or persons or to property by reason of any business or operation being carried on upon the Lease Premises. VI. Responsibilities of Landlord. During the Lease term, Landlord shall be responsible for each and all of the following. A. Repair and maintenance of Lease Premises. Landlord shall repair and maintain the structural portions of the Lease Premises, including, but not limited to, the electrical systems, roof, and structural integrity of the premises, unless such maintenance or repairs are required as a result, in whole or in part, of the act of, or neglect of any duty by, Tenant, its agents, servants, employees, or invitees, in which event Tenant shall pay to Landlord the reasonable cost of such maintenance or repairs within ten (10) days of Tenant's receipt of Landlord's itemized bill therefor. SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 5 of 11 B. Equipment. The parties acknowledge equipment owned by Landlord, as described in Exhibit C hereto. All such equipment shall be placed in good working order by the Effective Date at Landlord's sole expense. During the Lease term, Landlord shall repair and maintain equipment owned by Landlord. C. Entry and inspection. Landlord at all reasonable times, and at any time in case of emergency, may enter the Lease Premises for the purpose of inspection, cleaning, repairing, altering, maintaining or improving the Lease Premises subject to Tenant's reasonable security requirements and reasonable client confidentiality requirements. D. Property insurance. Landlord shall maintain insurance on the Lease Premises, excluding equipment described in Exhibit C, which insurance Tenant shall provide. The insurance provided for in this Section may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Landlord. VII. GENERAL PROVISIONS. A. No agency; independent contractor. It is understood and agreed Tenant shall not be considered an agent of Landlord in any manner or for any purpose whatsoever in Tenant's use and occupancy of the Lease Premises. In all matters pertaining to this Lease, Tenant shall be acting as an independent contractor, and neither Tenant nor any officer, employee or agent of Tenant shall be deemed an employee of Landlord. Tenant shall have no authority or responsibility to exercise any rights or power vested in Landlord. B. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: Tenant: Daisy's Italian Ice & Gelati LLC Attn: Julie Scarborough 2401 N. Heath Ave, Boise, ID 83713 Landlord: City of Meridian Attention: Colin Moss 33 East Broadway Meridian, Idaho 83642 Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. C. Early termination due to damage or destruction. In the case of damage to the Lease Premises by a Force Majeure, Tenant shall immediately notify Landlord. "Force Majeure" shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of either Party, including acts of God, fire, flood, vandalism, accident, governmental acts, and other like events that are beyond the reasonable anticipation or control of the Party affected thereby. If the Lease Premises are damaged by Force Majeure to such extent that they are rendered unusable or unsafe for use, Landlord may immediately terminate this Lease. SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 6 of 11 D. Default or breach; cure; termination. If Tenant is in breach or default of any of the terms, covenants or conditions of this Agreement and Tenant fails or refuses to cure such breach or default within ten (10) days of written notice thereof, this Agreement, and all rights of Tenant in and to Premises, at Landlord's option, may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Tenant's failure or refusal to cure as hereinbefore provided, Landlord may, upon three (3) days' notice, enter into and upon the premises, take possession thereof and expel Tenant therefrom, with or without process of law, and without being guilty of trespass, and without prejudice to any and all other rights and remedies Landlord may have. Tenant shall be liable for any damages and any costs, including legal expenses and attorneys' fees, incurred by Landlord in recovering the Premises hereunder. The rights, privileges, elections and remedies of Landlord set forth in this Lease or allowed by law or equity are cumulative, and the enforcement by Landlord of a specific remedy shall not constitute an election of remedies and/or a waiver of other available remedies. E. Nonappropriation. Notwithstanding any other provision of this Agreement, Landlord shall not be obligated by any provision of this Agreement during any future fiscal year unless and until the Meridian City Council appropriates adequate funds for this Agreement in the City's budget for each such future fiscal year. In the event that funds are not appropriated for this Agreement, then this Agreement shall terminate as of September 30 of the last fiscal year for which funds were appropriated. Landlord shall notify Tenant of any such non -allocation of funds at the earliest practicable date. In the event of such termination, the Parties shall have no further obligations under this Agreement other than for the accounting for funds due and owing prior to such termination. F. No waiver. Landlord's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Lease shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy Landlord may have under this Agreement with respect to such subsequent default or breach by Tenant. The acceptance of any Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent. G. No obligation. By the granting of this lease, Landlord does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of said premises, including, but not limited to, annexation, rezone, variance, permitting, environmental clearance, or any other action allowed or required by law or conveyed by City Council. H. Mediation. Any disputes between the Parties in connection with the rights and obligations under this Lease, shall be settled by mediation upon the request of any party and the mutual agreement of both parties. Mediation shall be a required precursor to SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 7 of 11 litigation filed regarding this Agreement. All costs associated with mediation shall be shared equally by the parties. I. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Premises. J. Attorney fees. Tenant shall be liable to Landlord for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by Landlord in the enforcement of any of the terms, covenants or conditions of this Agreement. K. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. L. Entire agreement. This Agreement and the Exhibits hereto contain the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. No oral or written inducements to execute this Lease have been made to Tenant. In entering into this Lease, Tenant relies upon no statement, fact, promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. TENANT: DAISY'S ITALIAN ICE & GELATI State of Idaho ) ) ss: County of f�Ar,�, ) 4uliScarborough I HEREBY CERTIFY that on this 5day ofr� , 2016, before the undersigned, a Notary Public in the State of Idaho, personally appeared Julie Scarborough, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. LANDLORD: Not4y Public or dahB` Residing at 0�-`n Idaho My Commission Expires: 1 -I c..D CITY OF MERID_�AI�I;_ _ F oe �`Vo nUe's3 l TTEST: 9 Cf�yof BY- bY Ta "deeerd, Mayo , n, City SEAL F�r�R °� hr 7AEP6aQ0 SETTLER'S PARK CONCESSION BUILDING LEA ENT Page 8 of 11 EXHIBIT A REQUEST FOR PROPOSALS FOR PROJECT NO. PKS-1617-10120.D SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 9 of 11 j =F PURCHASING DEPARTMENT 33 East Broadway Ave., Ste 106 Meridian, ID 83642 Phone: (208) 489-0416 Fax: (208) 887-4813 CONTRACT SPECIFICATIONS FOR: 2016 - 2018 SETTLERS PARK CONCESSIONS PROPOSALS MUST BE RECEIVED PRIOR TO 4:00 P.M. MARCH 2, 2016 DELIVER TO: CITY OF MERIDIAN, PURCHASING DEPARTMENT 33 EAST BROADWAY AVENUE, STE 106 MERIDIAN, ID 83642 Pre -Bid Conference/Walk Through February 23, 2016 1:30 p.m. MANDATORY [ ] YES Settlers Park Concession Bldg [x]NO 3245 N Meridian Rd. Meridian rreparea py: KAIHY VVANNtK ESS OF VENDOR SUBMITTING NAME: Daisy's Italian Ice & Gelati ADDRESS: 2401 N Heath Ave DATE:. 2/26/2016 Email: daisysice@yahoo.com Boise, ID 83713 Page 1 of 28 PART NOTICE CALLING FOR PROPOSALS PURPOSE Meridian Parks and Recreation is seeking proposals for vendors to provide seasonal concessions services in the Settlers Park concessions building. SCOPE OF WORK Contained within the Specifications / Scope of Work "Attachment A" are specific objectives which will be required of the awarded respondent. The City of Meridian shall retain the ability to revise this scope as necessary. PRESENTATIONS Those respondents which are determined to be best qualified to undertake the services required under this Request for Proposals may be invited to make a presentation to the City. Further information may be provided to the prospective respondents after the initial selection. SUBMITTAL REQUIREMENTS One (1) original and one (1) copy of the respondents sealed proposal will be received by the City on MARCH 2, 2016 until 4:00 p.m., MT at the office of the Purchasing Agent, City of Meridian, 33 East Broadway Avenue, Ste, 106, Meridian, Idaho 83642. The Proposal must contain, but is not limited to the following information: 1. Completed proposal form submitted on PART III - A PROPOSAL FORM. 2. A summary of the respondents experience with projects similar to the types of work stated in this Request for Proposals, submitted on PART III - B, RESPONDENT'S EXPERIENCE STATEMENT. 3. Any additional information which the respondent deems appropriate. Page 2 of 28 GENERAL TERMS AND CONDITIONS Mistakes must be corrected and the correction inserted; correction must be initialed in ink by the person signing the Proposal. The City reserves the right to waive any informalities or minor irregularities in connection with the Proposals received. All provisions of the City code are applicable to any Proposal submitted or lease agreement awarded pursuant thereto. Within thirty (30) days after the Proposal opening, a lease agreement may be awarded by the City to the lowest responsive and responsible Proposer, subject to the right of the City to reject all Proposals, as it may deem proper in its absolute discretion. The time for awarding a lease agreement may be extended at the sole discretion of the City if required to evaluate Proposals or for such other purposes as the City may determine, unless the Proposer objects to such extension in writing with his Proposal. The City of Meridian does not discriminate on the basis of race, religion, sex, national origin, marital status, age, physical handicap, ownership by women or minorities or sexual orientation. ADDITIONAL TERMS AND CONDITIONS EXAMINATION OF CONTRACT DOCUMENTS The Proposer's shall carefully examine the specifications, and satisfy themselves as to their sufficiency, and shall not at any time after submission of the Proposal, dispute such specifications and the directions explaining or interpreting them. PURCHASE AGREEMENT DOCUMENTS A copy of the Notice Inviting Proposals, General Conditions and Instructions to Proposal's, Special Conditions, Additional Terms and Conditions, Specifications, Plans and / or Drawings, Proposal's Submittal, and any other related documents will remain on file in the office of the City Purchasing Agent. It is understood that these documents will form the basis of the purchase agreement upon award of the lease agreement. All materials or services supplied by the Lessor shall be in conformance with all the specifications contained herein and shall be in compliance with any applicable Local, State, and Federal Laws and regulations. Page 3 of 28 CITY'S REPRESENTATIVES Purchasing Representative Kathy Wanner, Buyer 33 East Broadway Ave Meridian, ID 83642 (208) 489-0416 Fax (208) 887-4813 kwannerCa_meridiancity.org Technical Representative Colin Moss, Project Manager 33 East Broadway Ave Meridian, ID 83642 (208) 888-3579 Fax (208) 898-5501 cmoss@meridiancity.org Any and all explanations desired by a respondent regarding the meaning or interpretation of this Request for Proposals or any part thereof must be requested in writing and directed to the person named as the Purchasing Representative and in accordance with section 1 "EXPLANATIONS TO RESPONDENTS". Violation(s) may be caused for rejection of the proposal. Dated: Z21 CITY OF MERIDIAN / �� Keit6 Watts, Purchasing Manager Page 4 of 28 PART II INSTRUCTIONS TO RESPONDENTS 1. EXPLANATIONS TO RESPONDENTS There are twenty eight (28) total pages in this Request for Proposals. It is the respondent's responsibility to ensure that all pages are included. If any pages are missing, immediately request a copy of the missing page (s) by e -mailing your request to Kathy Wanner, Buyer at kwanner@meridiancity.org , RFP Project # PKS-1617-10120.d. Any explanation desired by a respondent regarding the meaning or interpretation of the Request for Proposals, or any part thereof, must be requested in writing( via fax or e-mail) and with sufficient time allowed for a reply to reach respondent before the submission of their proposal. Any Request of a technical nature should be sent to BOTH the Purchasing Representative and Technical Representative. Any interpretation made will be in the form of an addendum to the Request for Proposals, issued by the Purchasing Agent, and will be furnished to all prospective respondents of record. Oral explanations or instructions given before proposal opening will not be binding. 2. CONDITIONS AFFECTING THE WORK Before submitting a proposal, each respondent must (1) examine the Request for Proposals documents thoroughly, (2) visit the site to familiarize himself/herself with local conditions that may, in any manner, affect cost, progress or performance of the work, (3) familiarize himself/herself with Federal, State and Local laws, ordinances, rules and regulations that may, in any manner, affect cost, progress or performance of the work; and (4) study and carefully correlate respondent's observations with the Request for Proposal's. Failure to do so will not relieve respondent from responsibility for estimating properly the difficulty or cost of successfully performing the work. The City will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the lease agreement, unless included in the Request for Proposal's, or any addendum. 3. SUBMISSION OF PROPOSALS Interested vendors shall submit one (1) original and one (1) copy of their response in Accordance with this Request for Proposals and must be sealed and addressed as directed below. Failure to do so may result in a premature opening of, or a failure to open, such proposals. Such premature or late opening, or failure to open, may result in disqualification of the proposal. The outside of the envelope must bear the notation: PROJECT # PKS-1617-10120.d SETTLERS PARK CONCESSIONS MARCH 2, 2016 4:00 P.M. The envelope must be addressed and delivered to: City of Meridian, Purchasing Department, 33 East Broadway Avenue, Ste. 106, Meridian, Idaho 83642. Page 5 of 28 4. LATE PROPOSALS AND MODIFICATIONS Proposals and modifications thereof received after the exact time of closing of proposals which is 4:00 p.m. MT, MARCH 2, 2016 will not be considered. 5. WITHDRAWAL OF PROPOSALS Unless otherwise specified, proposals may be withdrawn by written request received from respondent prior to the time set for closing of proposals. 6. PROPOSAL REQUIREMENTS To receive consideration, the proposal must comply with the following additional requirements: a.) The proposal and all other documents or material submitted will be deemed to constitute part of the proposal., b.) Proposals must be valid for a period of sixty (60) calendar days from the date of opening. 7. INTENT OF THE CITY The objective of this Request for Proposals is to provide sufficient information to enable qualified respondents to submit written proposals. This Request for Proposals is not a contractual offer or commitment to purchase services. Contents of this Request for Proposals and respondent's proposal will be used for establishment of final contractual obligation. It is to be understood that this Request for Proposals and the respondent's proposal may be attached or included by reference in an agreement between the City and successful respondent. 8. BASIS FOR SELECTION This Request for Proposals will be evaluated utilizing the criteria listed below. History from the current and previous projects and customers of the respondent may be used to evaluate some of the criteria. a. (15 points) Product menu and proposed prices. b. (25 points) Proposed lease payment G (50 points) References and experience in similar operations. d. (10 points) Additional information. Proposals containing false information will not be considered. Potential vendors whose criminal history includes any felony or misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude will not be considered. Page 6 of 28 The City reserves the right to reject any or all proposals, to make an award on the basis of suitability to purpose or superior quality, to accept other than lowest proposal or any other criteria the City believes to be in the best interest of the City. After the City has identified the proposal with the best value for the City, the City shall have the right to negotiate with the respondent over the final terms and conditions of the lease agreement. These negotiations may include bargaining. The primary objective of the negotiations is to maximize the City's ability to obtain best value, based on the requirement and the evaluation factors set forth in the Request for Proposals. If an agreement cannot be reached, the negotiation will be terminated and similar negotiations will occur with the second ranked firm. 9. INDEMNIFICATION AND INSURANCE INDEMNIFICATION. By Tenant..Tenant agrees to indemnify and hold Landlord and Landlord's employees, and agents harmless against all actions, claims, demands, costs, damages or expenses of any kind on account thereof including, without limitation, attorneys' fees and costs of defense, which may be brought or made against Landlord or which Landlord may incur, by reason of Tenant's negligent or willful act or omission. By Landlord. Landlord agrees to indemnify and hold Tenant and Tenant's members, directors, officers, employees, and agents harmless against all actions, claims, demands, costs, damages or expenses of any kind on account thereof including, without limitation, attorneys' fees and costs of defense, which may be brought or made against Tenant, or which Tenant may pay or incur, by reason of Landlord's negligent or willful act or omission. INSURANCE. Comprehensive Liability Insurance. Tenant shall purchase and maintain throughout the term of this lease in force with an insurance carrier acceptable to Landlord a policy of commercial general liability insurance covering the activities of Tenant in connection with the Premises, having a combined single limit of not less than $1,000,000.00 per person and per occurrence and property damage liability insurance with a limit of not less than $1,000,000 per accident or occurrence. The insurance shall insure against any and all liability of Tenant with respect to the Premises and any other portions of the Building used or useable by Tenant. Landlord shall also maintain a Liability Insurance policy to cover the property. The tenant shall cause the Landlord to be named as an additional insured on the tenant's commercial general liability insurance policy. Personal Property Insurance. Tenant shall purchase and maintain in force insurance covering all of Tenants and Landlords furniture and fixtures, machinery, equipment, inventory, and other personal property owned and used in Tenant's business and found in, on, or about the Premises or the Building, and any leasehold improvements to the Premises, if any, in an amount not less than 100% of the full replacement cost. All policy proceeds will be used for the repair or replacement of the property damaged or destroyed regardless of the causes of such damage; however, if this Lease ceases under the provisions of Section 12, Tenant will Page 7 of 28 be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery, equipment, inventory, and any other personal property. The tenant shall cause the Landlord to be named as an additional insured on the tenant's personal property insurance policy. Casualty Insurance. Landlord shall maintain insurance on the Building (excluding any fixtures and items which Tenant is entitled to utilize or required to remove, which insurance Tenant shall provide) against damage by fire and the perils now specified in the most current standard extended coverage endorsement in an amount equal to the replacement cost of the Building as reasonably determined by Landlord, exclusive of the cost of excavations, foundations, and footings. The insurance provided for in this Section may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Landlord. Policy Form. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Tenant shall be on forms and with loss payable clauses satisfactory to Landlord naming Landlord as additional insured and copies of policies of such insurance or certificates issued by the insurance company evidencing the existence and amounts of such insurance shall be delivered to Landlord. Failure of Tenant to renew or replace such insurance at least thirty (30) days prior to the expiration date of such policy shall constitute a material default under the terms of this Lease. All policies of insurance provided by Tenant may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Tenant. Failure of Tenant to Insure. In the event the Tenant shall fail to purchase and keep in force any of the insurance required of the Tenant in Section 14, the Landlord has the right to terminate the lease. The Landlord may, but shall not be required to, purchase and keep in force the same, in which event the Tenant shall pay to the Landlord the full amount of the Landlord's expenses with respect thereto, said payment to be made within ten (10) days after demand for such payment by the Landlord. 10. PUBLIC RECORDS The City of Meridian is a public agency. All documents in its possession are public records. Proposals are public records and, except as noted below, will be available for inspection and copying by any person. If any Proposer claims any material to be exempt from disclosure under the Idaho Public Records Law, the Proposer will expressly agree to defend, indemnify and hold harmless the City from any claim or suit arising from the City's refusal to disclose any such material. No such claim of exemption will be valid or effective without such express agreement. The City will take reasonable efforts to protect any information marked "confidential" by the Proposer, to the extent permitted by the Idaho Public Records Law. Confidential information must be submitted in a separate envelope, sealed and marked "Confidential Information" and will be returned to the Proposer upon request after the award of the lease agreement. It is understood, however, that the City will have no liability for disclosure of such information. Any proprietary or otherwise sensitive information contained in or with any Proposal is subject to potential disclosure. Page 8 of 28 11. PROPOSED SCHEDULE Issue the Request for Proposal February 12, 2016 Pre -Proposal Conference (On Site) February 23, 2016 Receive Qualifications March 2, 2016 Anticipated Selection Date March 9, 2016 Anticipated Award of Lease March 22, 2016 12. TERM The lease agreement will be for a term of 3 years unless otherwise negotiated between the successful Vendor and the City of Meridian. Page 9 of 28 PART ill PROPOSAL DOCUMENTS A - PROPOSAL FORM In response to the Request for Proposals, the undersigned respondent hereby proposes to furnish labor, material, travel, professional services, permits, supervision, equipment and equipment rental and all related expenses, and to perform all work necessary and required to complete the following project in strict accordance with the terms of this Request for Proposals and the final lease agreement for the prices specified by the respondent for: PROJECT # PKS-1617-10120.d 2016 - 2018 SETTLERS PARK CONCESSIONS Respondent certifies that he/she has examined and is fully familiar with all of the provision of the Request for proposals and any addendum thereto; that he/she is submitting a proposal in strict accordance with the Instructions to Respondents; and that he/she has carefully reviewed the accuracy of all attachments to this proposal. Respondent certifies that he/she has examined the proposal documents thoroughly, studied and carefully correlated respondent's observations with the proposal documents, and all other matters which can in any way affect the work or the cost thereof. Respondent agrees that this proposal constitutes a firm offer to the City which cannot be withdrawn by the respondent for sixty (60) calendar days from the date of actual opening of proposals. If awarded the lease agreement, respondent agrees to execute and deliver to the City within seven (7) calendar days after receipt of City's Conditional Notice of Award, the applicable Lease agreement form, insurance certificates and bonds (if required). Attached is the Respondent's Experience Statement (Part III, B) which has been completed by respondent and made a part of this proposal. Respondent also acknowledges receipt of the following addendum to the Request for Proposals which addendum have been considered by respondent in submitting this proposal (if none, state "NONE"): Addendum No. 1 7pd12 Scal-POP0o Addendum No. 2 c7tk SGRY60i-06gh PLEASE RETURN THIS PAGE WITH YOUR PROPOSAL Page 10 of 28 Submitted by, Vendor Information Business Name: Daisy's Italian Ice & Gelati LLC Name: Julie Scarborough SSN: 518-25-7777 State of Idaho Resale Number: Address: 2401 N Heath Ave City: Boise State: ID Zip: Home Phone: Work Phone: Cell Phone: 208-869-9790 E -Mail: daisysice@yahoo.com Fax: Note: If respondent is a corporation, give State of incorporation, if a partnership or joint venture, give full names of all partners or joint venturers. Idaho PLEASE RETURN THIS PAGE WITH YOUR PROPOSAL Page 11 of 28 DECLARATION UNDER PENALTY OF PERJURY The undersigned declares: that he/she holds the position indicating below as a corporate. Officer or the owner or a partner in the business entity submitting this Proposal; that the undersigned is informed of all relevant facts surrounding the preparation and submission of this Proposal, that the undersigned knows and represents and warrants to the City of Meridian that this Proposal is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this Proposal. I declare under penalty of perjury that the foregoing is true and correct. LESSEE /FIRM: Daisy's Italian Ice & Gelati LLC By: Julie Scarborough TITLE: owner ADDRESS: 2401 N Heath Ave, Boise, ID 83713 DATE: 2/26/2016 PLEASE RETURN THIS PAGE WITH YOUR PROPOSAL Page 12 of 28 PART III PROPOSAL DOCUMENTS B -RESPONDENT'S EXPERIENCE STATEMENT The respondent submits as a part of its proposal, the following information as to its experience and qualifications; a. The respondent has been engaged in this business under its present business name for 3 years. b. Experience in work of a nature similar in type and magnitude to that set forth In the request for proposal extends over a period of 3 years. Please answer the following questions with as much detail as possible. Attach additional pages if needed. 1. Please list the products you propose to offer for sale as well as the proposed prices. See attached menu 2. State your proposed lease payment to operate the concession stand at Settlers Park as described above. Please list as a percentage of gross sales. 16% of qross sales 3. Please describe your experience in managing comparable operations. Daisy's has operated a kiosk in Boise, Idaho and participated in vendor events around the Treasure Valley for the past 3 summer seasons. Page 13 of 28 4, Please list three (3) references who can attest to your quality of product and service. Name Address Phone Number Relationship Ellen Tingstrom etingstrom@canyonco.org 208-455-8500 CC Event Coordinator Rance Pugmire 827 E Park Blvd # 100, Boise, ID 208-275-8156 BMF Coordinator Karen Akers 611 W Linden St, Boise, ID 208-440-1869 restaurant manager 5. Please disclose any and all criminal convictions, including withheld judgments, for felonies or misdemeanors involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude. none 6. Please include any additional information you would like to be considered in the RFP awarding process. We provide a product unique to the area and are able to function in a fast -paced environment while providing exceptional customer service and an exceptional product. We have attended various events in the Treasure Vailev and continue to be requested at the events. We have also successfully run a kiosk in the past. PLEASE RETURN THESE PAGES WITH YOUR PROPOSAL (INCLUDING ADDITIONAL PAGES AS NECESSARY) Page 14 of 28 ATTACHMENT A SPECIFICATIONS / SCOPE A. Settlers Park Concessions Building. Settlers Park is a 56 acre park located at 3245 N. Meridian Road on the NW corner of Meridian Road and Ustick Road. Amenities at the park include several grass sports fields, a fishing pond, 8 baseball/softball fields (baseball/softball fields contain their own concessions buildings), 7 fiill-size tennis courts, 3 ten and under tennis courts, 16 horseshoe courts, 3 reservable picnic shelters, walking paths, and the Adventure Island Playground which includes a large universally accessible playground, swings, climbing boulders, sound garden, and splash pad. The concessions building is located in the middle of the park within close proximity to the Adventure Island Playground, sports fields, picnic shelters, and horseshoe courts. The interior of the concessions building is 22' x 15 %'. Equipment included in the concessions building that will be available for use by the successful vendor include a three compartment sink, hand washing sink, mop sink, refrigerator, chest freezer, microwave and cash register. All other food preparation and storage equipment will need to be provided by the successful vendor. B. Dates/Times of Service. Minimum dates of operation are Monday through Sunday, June 4 through August 21. In addition to being open daily while traditional calendar schools are out for the summer, the successful vendor must be open on weekends, at a minimum, from Memorial Day weekend through the third weekend in September. In 2016, this would include May 28-30, August 27- 28, September 3-5, September 10-11, and September 17-18. Minimum times of operation are 11:00am-8:00pm on all open days with the exception of dates when outdoor movies are shown at Settlers Park. On such dates, (every Friday in June, July and August) the concessions stand must stay open until the movie is over which varies from 10:45pm-11:45pm depending on the date of the show and the length of the movie. Additional dates and/or times of operation may be requested by Meridian Parks and Recreation based on activities scheduled at the park. Vendor may choose to be open during dates and times that exceed these minimums. However, hours must stay consistent through the summer. By City Code, the park closes daily one-half hour after sunset unless otherwise ordered or allowed by the Department Director in writing (such as Movie Nights). Exceptions to the minimum dates and hours of operation may be allowed in the event of adverse weather or other prohibitive conditions. C. Sales History. The Meridian Parks and Recreation Department has been leasing the Settlers Park concessions building to a third party vendor since 2009. The following are gross sales totals for the entire summer by year. • 2009 - $21,926.75 (open 95 days for a daily average of $230.81) • 2010 - $25,703.00 (open 88 days for a daily average of $292.08) • 2011 - $37,538.09 (open 91 days for a daily average of $412.51) • 2012 - $19,873.60 (open 90 days for a daily average of $220.82) Page 15 of 28 • 2013 - $42,535.19 (open 97 days for a daily average of $438.51) • 2014 - $35,558.94 (open 112 days for a daily average of $317.49) • 2015 - $28,150.02 (open 93 days for a daily average of $302.69) D. Additional Requirements. Upon selection, the successful Vendor must: • Have or obtain all necessary Central District Health Department permits. • Provide a credit report (or authorize the City of Meridian to obtain a credit report) and/or a 2014 tax return. • Provide a copy of vendor's current insurance policy per the insurance requirements listed in Section 9 of this RFP. The City of Meridian shall be named as additionally insured. • Negotiate and enter into a separate, detailed lease agreement with the City of Meridian establishing terms and conditions of operation in Settlers Park. This lease agreement will be for a term of 3 years unless otherwise negotiated between the successful Vendor and the City of Meridian. A sample lease agreement is attached. • Undergo and pass a criminal background check. The cost of the successful vendor's background check will be paid for by the City of Meridian. • If employing one or more persons to work in the concession building, provide worker's compensation insurance and require all employees to undergo a criminal background check. Vendor shall not employ any person to work in the concession building whose criminal history includes any felony or misdemeanor conviction for a crime involving or related to violence, drugs or alcohol, sex crimes, theft, fraud, or moral turpitude. The cost of all employees' background checks will be paid for by the successful vendor. The current cost of a background check is $18.50. Page 16 of 28 -0 MS U) 12 W J r W uo `1 ATTACHMENT B SAMPLE LEASE AGREEMENT } LEASE AGREEMENT for CONCESSIONS OPERATIONS AT SETTLERS PARK This LEASE AGREEMENT for CONCESSIONS OPERATIONS AT SETTLERS PARK ("Lease") is entered into by and between the City of Meridian ("Landlord"), and NAME OF VENDOR ("Tenant"), effective the day of , 201 XX. In this Lease, Landlord and Tenant may be referred to individually as a "Party" or collectively as "Parties." WHEREAS, Landlord owns Settler's Park, located at 3245 N. Meridian Road, which park includes a concession building adjacent to the splash pad (hereinafter "Lease Premises"); WHEREAS, Landlord is authorized by Idaho Code section 50-1401 to manage real property owned by the Landlord in ways which the judgment of City Council deems to be in the public interest; WHEREAS, the City Council of the City of Meridian hereby finds that the lease of the Lease Premises to Tenant for selling concessions serves the public interest; WHEREAS, pursuant to Idaho Code section 50-1407, the mayor and council hereby resolve and authorize the lease of Lease Premises to Tenant; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, Landlord and Tenant agree as follows: I. Lease granted. In consideration of the payment of Rent, and other sums to be paid by Tenant to Landlord pursuant to this Lease (collectively referred to hereinafter as "Rent") and the performance of the other covenants, conditions and agreements in this Lease to be kept and performed by Tenant, Landlord does hereby lease and demise Lease Premises to Tenant. II. Use of Lease Premises. Tenant's use and occupancy of the Lease Premises shall be limited to the preparation of food consistent with the requirements and standards established by applicable federal, state, city and health department laws, ordinances, regulations and resolutions; and the sale of food, beverages, swim diapers, and novelty items as set forth in Request for Proposals for Project no. PKS-1617-10120.D, and Tenant's response thereto, which are attached hereto as Exhibit A. Tenant shall not use or permit the use of the Lease Premises for any other purpose without the express written consent of Landlord. Tenant warrants and represents that Tenant has undertaken a complete and independent evaluation of any and all risks inherent in the execution of this Lease and the operation of the Lease Premises for its use permitted hereby, and that, based upon said independent evaluation, SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 18 of 28 Tenant has elected to enter into this Lease and hereby assumes all risks with respect thereto, some of which risks may be unknown. III. Scope of services. As a condition of Tenant's use and occupancy of the Lease Premises, Tenant shall provide the services enumerated in Attachment A (Specifications/Scope) of the Request for Proposals for Project no. PKS-1617-10120.D, attached hereto as Exhibit A, under sections B (Dates/Times of Service) and D (Additional Requirements). Further, Tenant shall insure that the area within and immediately adjacent to concession area of the Lease Premises is kept clean and free of all debris, litter, or other unclean or unsightly condition caused or created by the operation. IV. Term of lease. The term of this lease shall begin on May lst, 20XX ("Effective Date"), through 11:59 p.m. on September 30, 20XX, unless earlier terminated by either Party by the method established herein. Tenant shall be deemed to have occupied the Lease Premises for purposes of commencing the Term as of the Effective Date. Time is of the essence in all matters related to this Lease. V. Responsibilities of Tenant. With regard to Tenant's use and occupancy of the Lease Premises under this Lease, Tenant shall be responsible for each and all of the following. A. Rent. Beginning with the Effective Date, Tenant shall pay Rent to Landlord according to the Payment Schedule set forth in Exhibit B hereto. Rent shall include the cost and expenses for all utilities in connection with the Premises, including the cost of electricity or other fuels or power sources, water and sewer services, and waste disposal services. Land line telephone service is not available at the premises. B. Personal property taxes. If applicable, Tenant shall pay, prior to delinquency, all personal property taxes payable with respect to all property of Tenant located on or at the Lease Premises. "Property of Tenant" shall mean and include all personal property of Tenant including any inventory, equipment, floor, ceiling and wall coverings, furniture and/or trade fixtures kept or used in or on the Lease Premises, and any improvements to the Lease Premises that are owned by and separately assessed to Tenant. C. Surrender of Lease Premises; removal of property. Subject to the provisions set forth herein regarding early termination, upon expiration of the Lease term or earlier termination of the Lease, whether by lapse of time or otherwise, Tenant, at Tenant's sole expense, shall: 1. Remove the Property of Tenant; 2. Repair and restore the Lease Premises to a condition as good as received by Tenant from Landlord, reasonable wear and tear excepted; and 3. Promptly and peacefully surrender the Lease Premises and yield up possession to Landlord. Any property left on the Premises after the expiration or termination of the Lease shall be deemed to have been abandoned and shall become the property of Landlord. Tenant shall be liable for all costs associated with the removal and/or disposal of such property. Tenant hereby waives all claims for damages that maybe caused by Landlord's reentering SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 19 of 28 and taking possession of the Lease Premises or removing and storing the Property of Tenant and/or other property as herein provided. No such reentry shall be considered or construed to be a forcible entry. Tenant shall indemnify Landlord against any loss or liability resulting from delay by Tenant in surrendering the Lease Premises, including, without limitation, any claims made by a succeeding tenant founded on such delay. D. Condition of Premises. Tenant acknowledges that Tenant has inspected the Lease Premises and does hereby accept the Lease Premises as being in good and satisfactory order, condition, and repair. It is understood and agreed that Landlord makes no warranty or promise as to the condition, safety, usefulness or habitability of the Lease Premises, and Tenant accept the Lease Premises "as is." In entering into this Lease, Tenant is relying on its own investigation and inspection of the Lease Premises and its own determination of the suitability of the Lease Premises, physically and legally, for its intended use. E. Alterations. Tenant shall make no additions, changes, alterations or improvements to the Premises or to any electrical, mechanical or fire protection facilities pertaining to the Premises without the prior written consent of Landlord. Tenant shall be responsible for any and all code requirements resulting from any additions, changes, alterations or improvements to the Premises. F. Waste. Tenant shall not commit or allow to be committed any waste upon the Premises, or any nuisance, or any act in or about the Premises that disturbs the quiet enjoyment of Landlord. Tenant, at Tenant's sole expense, shall comply with all laws and regulations relating to its use or occupancy of the Lease Premises. G. No assignment or subletting. Tenant shall not, without first obtaining Landlord's consent: (1) sell, assign, mortgage, or transfer this Lease or any interest therein; (2) sublease all or any portion of the Lease Premises; or (3) allow the use or occupancy of the Lease Premises by anyone other than Tenant. No assignment or sublease shall relieve the Tenant of any liability under this Lease, unless Landlord consents in writing to accept such assignment or sublease as a whole or partial novation. Notwithstanding the foregoing, any transfer of this Lease by merger, consolidation or liquidation of Tenant shall not constitute an assignment hereunder. H. Compliance with ADA. Tenant shall not enter into any change of use of the Premises, whether approved by Landlord or not, if such change in use would result in increased liability of Landlord under the Americans with Disabilities Act of 1990, Public Law No. 101-336, 42 USC 12101 et. seq, as it may be amended from time to time ("ADA"). I. No Hazardous Substances. Tenant specifically agrees not to use, store or deposit any substance that is hazardous or dangerous to person, property or the environment (or any similar substance) as now or hereafter defined by or determined pursuant to any applicable state or federal law or regulation in amounts exceeding legally permissible levels in, on, or about the Premises. SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 20 of 28 J. Liens. Tenant agrees that it will pay or cause to be paid all costs for work done by Tenant on the Premises, and Tenant will keep the Lease Premises free and clear of all mechanics' liens on account of work done by Tenant or persons claiming under Tenant. Tenant agrees to defend, indemnify and save Landlord free and harmless against liability, loss, damage, costs, attorneys' fees, and all other expenses on account of claims of lien of laborers or materialmen or others for work performed or materials or supplies furnished to Tenant or persons claiming under Tenant. If Tenant shall desire to contest any claim of lien, it shall furnish Landlord adequate security for the value or in the amount of the claim, plus estimated costs and interest, or a bond of responsible corporate surety in such amount conditioned on the discharge of the lien. If a final judgment establishing the validity or existence of lien for any amount is entered, Tenant shall pay and satisfy the same at once. If Tenant shall be in default in paying any charge for which a mechanics' lien claim and suit to foreclose has been filed and Tenant shall not have furnished Landlord adequate security as more particularly provided above, then, in order to protect the Lease Premises and Landlord against such claim of lien, Landlord may, but shall not be required to, pay the claim and any costs, and the amount so paid, together with reasonable attorneys' fees incurred in connection therewith, shall be immediately due and owing from Tenant to Landlord, and Tenant agrees to and shall pay the same. Should any claims of lien be filed against the Lease Premises or any action affecting the Lease Premises be commenced, the Party receiving notice of such lien or action shall forthwith give the other Party written notice thereof. K. Indemnification. Tenant specifically indemnifies Landlord and holds Landlord harmless from any loss, liability, claim, judgment, or action for damages or injury to Tenant, to Tenant's personal property or equipment, and to Tenant's employees, agents, guests or invitees arising out of or resulting from the condition of the Lease Premises or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of Landlord or its employees. Tenant further agrees to indemnify and hold Landlord harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use and occupancy of the leased premises by Tenant or by Tenant's agents, employees, guests or business invitees and not caused by or arising out of the tortious conduct of Landlord or its employees. If any claim, suit or action is filed against Landlord for any loss or claim described in this paragraph, Tenant, at Landlord's option, shall defend Landlord and assume all costs, including attorney's fees, associated with the defense or resolution thereof, or indemnify Landlord for all such costs and fees incurred by Landlord in the defense or resolution thereof. L. Insurance. 1. Comprehensive Liability Insurance. Tenant shall purchase and maintain in force throughout the term of this lease in force with an insurance carrier acceptable to Landlord a policy of commercial general liability insurance covering the activities of Tenant in connection with the Lease Premises, having a combined single limit of not less than one million dollars ($1,000,000) per person and per occurrence and property damage liability insurance with a limit of not less than one million dollars ($1,000,000) per accident or occurrence. The insurance shall insure against any and SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 21 of 28 all liability of Tenant with respect to the Lease Premises and any other property used or useable by Tenant. 2. Personal Property Insurance. Tenant shall purchase and maintain in force throughout the term of this lease insurance covering all of Tenant's and Landlord's furniture and fixtures, machinery, equipment, inventory, and other personal property owned or used by Tenant in, on, or about the Lease Premises. All policy proceeds shall be used for the repair or replacement of the property damaged or destroyed regardless of the cause of such damage; however, if this Lease ceases due to early termination due to damage or destruction as described herein, Tenant shall be entitled to any proceeds resulting from damage to Tenant's furniture and fixtures, machinery, equipment, inventory, and any other personal property. 3. Policy Form. All policies of insurance provided for herein shall be issued by insurance companies rated A, Class VI, or better in Best's Key Rating Guide and qualified to do business in the State of Idaho. All insurance required to be furnished by Tenant shall be on fon-ns and with loss payable clauses satisfactory to Landlord naming Landlord as additional insured and copies of policies of such insurance or certificates issued by the insurance company evidencing the existence and amounts of such insurance shall be delivered to Landlord. Failure of Tenant to renew or replace such insurance at least thirty (30) days prior to the expiration date of such policy shall constitute a material default under the ten -ns of this Lease. All policies of insurance provided by Tenant may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Tenant. 4. Failure of Tenant to Insure. In the event Tenant shall fail to purchase and keep in force any of the insurance required of the Tenant, Landlord has the right to terminate the Lease. Landlord may, but shall not be required to, purchase and keep in force the same, in which event the Tenant shall pay to the Landlord the full amount of the Landlord's expenses with respect thereto, said payment to be made within ten (10) days after demand for such payment by the Landlord. 5. Insurance Risks. Tenant shall not do or permit to be done any act or thing upon the Premises or the Building which would (a) jeopardize or be in conflict with fire insurance policies covering the Building and fixtures and property in the Building; (b) increase the rate of any insurance applicable to the Building to an amount higher than it otherwise would be for the general use of the Building; or (c) subject Landlord to any liability or responsibility for injury to any person or persons or to property by reason of any business or operation being carried on upon the Lease Premises. VI. Responsibilities of Landlord. During the Lease term, Landlord shall be responsible for each and all of the following. A. Repair and maintenance of Lease Premises. Landlord shall repair and maintain the structural portions of the Lease Premises, including, but not limited to, the electrical systems, roof, and structural integrity of the premises, unless such maintenance or repairs are required as a result, in whole or in part, of the act of, or neglect of any duty by, SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 22 of 28 Tenant, its agents, servants, employees, or invitees, in which event Tenant shall pay to Landlord the reasonable cost of such maintenance or repairs within ten (10) days of Tenant's receipt of Landlord's itemized bill therefor. B. Equipment. The parties acknowledge equipment owned by Landlord, as described in Exhibit C hereto. All such equipment shall be placed in good working order by the Effective Date at Landlord's sole expense. During the Term, Landlord shall repair and maintain equipment owned by Landlord. C. Entry and inspection. Landlord at all reasonable times, and at any time in case of emergency, may enter the Lease Premises for the purpose of inspection, cleaning, repairing, altering, maintaining or improving the Lease Premises subject to Tenant's reasonable security requirements and reasonable client confidentiality requirements. D. Property insurance. Landlord shall maintain insurance on the Lease Premises, excluding equipment described in Exhibit C, which insurance Tenant shall provide. The insurance provided for in this Section may be provided within the coverage of a blanket policy(s) of insurance carried and maintained by Landlord. VII. GENERAL PROVISIONS. A. No agency; independent contractor. It is understood and agreed Tenant shall not be considered an agent of Landlord in any manner or for any purpose whatsoever in Tenant's use and occupancy of the Lease Premises. In all matters pertaining to this Lease, Tenant shall be acting as an independent contractor, and neither Tenant nor any officer, employee or agent of Tenant shall be deemed an employee of Landlord. Tenant shall have no authority or responsibility to exercise any rights or power vested in Landlord. B. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: Tenant: NAME OF VENDOR Attn: Address City, State, Zip Landlord: City of Meridian Attention: Colin Moss 33 East Broadway Meridian, Idaho 83642 Notices shall be either personally delivered or sent by U.S. mail, postage prepaid. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the party above specified. SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 23 of 28 A. Early termination due to damage or destruction. In the case of damage to the Lease Premises by a Force Majeure, Tenant shall immediately notify Landlord. "Force Majeure" shall mean a cause or event that is not reasonably foreseeable or otherwise caused by or under the control of either Party, including acts of God, fire, flood, vandalism, accident, governmental acts, and other like events that are beyond the reasonable anticipation or control of Party affected thereby. If the Premises or Building are damaged by Force Majeure to such extent that they are rendered unusable or unsafe for use, Landlord may immediately terminate this Lease. B. Default or breach; cure; termination. If Tenant is in breach or default of any of the terms, covenants or conditions of this Agreement and Tenant fails or refuses to cure such breach or default within ten (10) days of written notice thereof, this Agreement, and all rights of Tenant in and to Premises, at Landlord's option, may be deemed terminated and forfeited without further notice or demand. In the event of any default or breach of this Agreement and Tenant's failure or refusal to cure as hereinbefore provided, Landlord may, upon three (3) days notice, enter into and upon the premises, take possession thereof and expel Tenant therefrom, with or without process of law, and without being guilty of trespass, and without prejudice to any and all other rights and remedies Landlord may have. Tenant shall be liable for any damages and any costs, including legal expenses and attorneys' fees, incurred by Landlord in recovering the Premises hereunder. The rights, privileges, elections and remedies of Landlord set forth in this Lease or allowed by law or equity are cumulative, and the enforcement by Landlord of a specific remedy shall not constitute an election of remedies and/or a waiver of other available remedies. C. No waiver. Landlord's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Lease shall not be construed as a waiver of any subsequent breach or default of the same or a different tern, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy Landlord may have under this Agreement with respect to such subsequent default or breach by Tenant. The acceptance of any Rent by Landlord shall not be deemed to be a waiver of any preceding breach by Tenant of any term, covenant or condition of this Lease, other than the failure of Tenant to pay the particular Rent so accepted, regardless of Landlord's knowledge of such preceding breach at the time of acceptance of such Rent. D. No obligation. By the granting of this lease, Landlord does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of said premises, including, but not limited to, annexation, rezone, variance, permitting, environmental clearance, or any other action allowed or required by law or conveyed by City Council. E. Mediation. Any disputes between the Parties in connection with the rights and obligations under this Lease, shall be settled by mediation upon the request of any Party and the mutual agreement of both parties. Mediation shall be a required SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 24 of 28 precursor to litigation filed regarding this Agreement. All costs associated with mediation shall be shared equally by the parties. F. Nondiscrimination. Both Parties warrant and agree that there shall be no discrimination against any person or group of persons on account of race, color, creed, religion, sex, marital status, national origin or ancestry, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the Premises. G. Attorney fees. Tenant shall be liable to Landlord for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by Landlord in the enforcement of any of the terms, covenants or conditions of this Agreement. H. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. I. Entire agreement. This Agreement and the Exhibits hereto contain the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. No oral or written inducements to execute this Lease have been made to Tenant. In entering into this Lease, Tenant relies upon no statement, fact, promise or representation, whether express or implied, written or oral, not specifically set forth herein in writing. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. TENANT: NAME OF VENDOR State of Idaho ) ) ss: County of ) I HEREBY CERTIFY that on this — day of , 20xx, Name before the undersigned, a Notary Public in the State of Idaho, personally appeared NAME OF VENDOR/OWNER, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. Notary Public for Idaho Residing at , Idaho My Commission Expires: LANDLORD: CITY OF MERIDIAN: ATTEST: Tammy de Weerd, Mayor Jaycee Holman, City Clerk SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 25 of 28 EXHIBIT A REQUEST FOR PROPOSALS FOR PROJECT NO. PKS-1617-10120.D SEE ATTACHED SEPARATELY SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 26 of 28 EXHIBIT B PAY SCHEDULE A. Amount. Tenant pay Rent to the Landlord in the following amounts: 1. XX percent (XX%) of gross sales. B. When due. Tenant shall pay Rent to the Landlord no later than the tenth (10th) of the following month, Tenant shall submit copies of all daily cash register receipts for the preceding week by 11:59 p.m. on every Friday. C. Accounting required. Tenant shall keep a full and accurate set of books, adequately showing gross receipts received during each month for all operations associated with this Lease Agreement and shall, with reasonable notice, allow Landlord to inspect said books and receipt records. SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 27 of 28 EXHIBIT C LIST OF LANDLORD'S FIXTURES 1. Freezer 2. Fridge 3. Microwave 4. Cash register 5. Three compartment sink 6. Handwashing sink 7. Mop sink SETTLER'S PARK CONCESSION BUTLDING LEASE AGREEMENT Page 28 of 28 Daisy's Italian Ice & Gelati February 26, 2016 Settler's Park Kiosk Daisy's Italian ice & Gelati Julie Scarborough daisysice@ ay hoo.com 208-869-9790 I. Summary Daisy's Italian Ice & Gelati is proposing to sign a 3 year contract for the available kiosk in Settler's Park. Daisy's is a family run business that has been in operation in the Treasure Valley since 2013. We provide a product that originated on the East Coast and is unique to this area. We provide a delicious summer treat reminiscent of a snow cone but with a creamier, blended texture and the addition of fresh fruit that enhances the flavor, and appeals to all ages. Daisy's Italian Ice & Gelati intends to grow and increase business over the next several years. The kiosk at Settler's Park will give us an original home base and provide additional income to the Park. We will pay 16% of our sales directly back to Settlers and we will be able to bring in new families to enjoy the park while they are looking for Italian ice. We will also sell additional snack items and beverages and add hot food items to sell of the Friday Movie Nights. Page 2 of 6 II. Introduction Daisy's Italian Ice & Gelati was founded by the Scarborough family in 2013. We started with a kiosk in Boise, Idaho for our first season and have since expanded to events Including the Canyon County Fair, Boise Music Festival, and Parktacular in Settler's Park. We have also vended our product at Farmer's Markets around the Treasure Valley, at private events, and as a temporary establishment at the Town and Country shopping center, Our product has been successful and continues to grow each year. Our goal is to enhance family's summer fun by introducing a unique product to the Treasure Valley. Although our product is not commonly found in this area (yeti), it is extremely popular on the east coast where most of our family resides. Throughout the summer you'll find Italian ice along the Jersey Shore as well as the Maryland and Delaware beaches. Italian ice is made using fresh fruit from local farmers (including our family owned orchard in Emmett, ID) and various ingredients which help to create a real fruit base that is sweetened then churned like ice cream in a special batch freezer. It then mixes and freezes all the ingredients to create delicious frozen dessert that is scooped into cups and eaten with a spoon. Unlike snow cones, which is simply crushed ice topped with artificial flavoring, Italian ice uses fresh fruit to give it a more natural taste. Because of our great selection of fruit here in Idaho we have found that our product appeals to everyone, from kids to adults. Our gelati, which is our number one seller, combines scoops of fresh fruit Italian ice with ice cream to create a creamier style dessert. The benefits to our product include enjoyment by all age groups, it contains no egg, dairy, or gluten (except gelati of course) and is an inexpensive summer treat. Page 3 of 6 III. Needs/Problems The snack kiosk in Settler's Park is currently not under contract and in need of a food vendor to occupy the space. • Sales need to be run daily from May 28, 2016 through September 18, 2016, with extended hours on the Friday night movie nights held at the park. • A 3 year contract is needed to run the kiosk operations for summer seasons 2016- 2019. • The park needs to receive a percentage of the vendor proceeds in exchange for use of the space. • A product needs to be offered that will appeal to age groups from young to old and Meridian families that use the park for recreation, sports activities, and attendance at movie nights. IV. Goals/Objectives Daisy's Italian Ice & Gelati is the perfect vendor to occupy the Settler's Park kiosk. • We are able to be open for regular hours 1 I am until Bpm daily for the full season with our family run business and will extend our hours on Friday nights until 12am. • We are willing to sign and fulfill a 3 year contract. As our business grows and we participate in more events throughout the years, our fan base continues to increase and this will bring more people out to enjoy Settler's Park. • We propose to return 16% of our profits to Settler's Park each season. With our growing business and unique product we anticipate an increase in sales from previous years and therefore more profit for Settler's Park. • Our product is unique to this area and offers a delicious alternative to traditional snow cones. Feedback from past years shows that our product appeals to all ages and is the perfect treat while playing or relaxing. in addition to our Italian ice products we will have additional food items available as well as personal products such as sunscreen and swim diapers. On the Friday Movie nights we will add to our menu. These menu details are provided below in the menu section. V. Proposed Bid We are proposing to return to Settler's Park 16% of our gross sales for the season as payment for using the kiosk space. VI. Daily Menu (see attached menu) Page 4 of 6 Italian ICe — Italian Ice, called granita in Sicily, is a frozen treat using fresh locally grown Idaho fruit, fruit purees, natural sweeteners, and purified water. This is not a snow cone or shaved ice that is flavored; rather, it is made by the same process by which ice cream is made: freezing the ingredients while mixing them. Italian ice is similar to sorbet but differs from American-style sherbet in that it does not contain dairy or egg ingredients. Italian Ice is commonly found near my hometown and throughout the Delaware Valley. Our common flavors are: black cherry, strawberry, cherry, blue raspberry, peach, and watermelon (fruit from our family orchard in Emmett and other farms throughout the Treasure Valley). We also serve other East Coast favorites like lemon, mango, and many others. Kiddie -$2.50 Regular - $3.75 Large - $4.75 Gelati — A layering of your favorite Italian Ice and homemade creamy custard style ice cream. Find out why it's our #1 selling treat! Kiddie - $3.50 Regular - $4.75 Large - $5.75 Blendini — Creamy and crunchy, it's mixed-up magic. Choose your favorite Italian Ice, along with Frozen Custard, and then mix -in your own topping for your personal perfection. Choose from Reese's* Peanut Butter Cups Mini Pieces, OREO Cookie Pieces, M&M's Minis, and Snickers. Kiddie - $3.95 Regular - $4.95 Large - $5.95 Misto — We take your favorite Italian Ice and Custard. Blend. Voila. The perfect drink for you on -the - go -getters. Get a mouthful of Misto. Kiddie - $3.95 Regular - $4.95 Large - $5.95 Italian Soda — A combination of Toriani's syrups, clear soda, and heavy cream. These ingredients are shaken, not stirred, and served over ice. Regular - $3.00 Large - $3.75 Snow Cone — Small - $2.50 Medium - $3.50 Large - $4.50 Candy — prices vary Drinks - prices vary Chips -$1.50 Fruit cup/yogurt —prices vary Movie Night Menu — includes hotdogs, popcorn, Philly cheesesteak, cheeseburger Daisy's Italian IceB ti Our homemade Italian Ice Our signature Gelati f Our kiosk, tent set up and previous event photos i �, PAY SCHEDULE A. Amount. Tenant shall pay Rent to the Landlord in the amount of sixteen percent (16%) of gross sales. B. When due. Tenant shall pay Rent to the Landlord no later than the tenth (10th) of the following month. Along with each payment, Tenant shall submit a spreadsheet of daily and monthly gross sales totals. C. Accounting required. Tenant shall keep a full and accurate set of books, adequately showing gross receipts received during each month for all operations associated with this Lease Agreement and shall, with reasonable notice, allow Landlord to inspect said books and receipt records. SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 10 of 11 r LIST OF LANDLORD'S FIXTURES 1. Chest Freezer 2. Refrigerator 3. Microwave 4. Cash register 5. Three compartment sink 6. Handwashing sink 7. Mop sink SETTLER'S PARK CONCESSION BUILDING LEASE AGREEMENT Page 11 of 11 Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: Police Department Ada Metro Special Weapons Approval of the Police Department Ada Metro Special Weapons and Tactics Team & Crisis Negotiation team Mutual Assistance Compact MEETING NOTES ale%ilffim Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS mi -I AGREEMENT NO. Ad,-vt Metro '101 Weall-mmus naudl I T clilm Illtuihicnd Ass's'llstatinc-e ADA COUNTY SHERIFFS OFFICE MUTUAL ASSISTANCE COMPACT THIS MUTUAL ASSISTANCE COMPACT, between the Ada County Sheriff's Office, the Meridian Police Department, and the Garden City Police Department, is entered into by Ada County, a duly formed and existing county pursuant to the laws and Constitution of the State of Idaho, the City of Meridian and the City of Garden City, for the purpose of establishing and maintaining the Ada Metro Special Weapons and Tactics Team, The Compact takes effect on the date of the last signature. RECITALS WHEREAS, cooperative partnerships among law enforcement agencies increase the effectiveness and efficiency in responding to emergency situations where a specially trained team is necessary; and WHEREAS, Idaho Code § 67-2337(4) authorizes law enforcement agencies to enter into mutual assistance compacts; and WHEREAS, the Ada County Sheriff's Office, the Meridian Police Department and the Garden City Police Department ("Participating Agency" or Participating Agencies") are in agreement that mutual assistance among each other, in the form of a multi -agency emergency response team, designated the Special Weapons and Tactics Team ("SWAT"), will assist in the efforts of law enforcement to resolve serious emergency situations and prevent potential injuries to citizens and officers; and WHEREAS, this Mutual Assistance Compact ("Compact") will provide the foundation for the operation of the Ada Metro SWAT/Crisis Negotiation Team ("SWAT/CNT Unit"). NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained, and the recitals set forth above, the parties to this Compact do hereby understand as follows: UNDERSTANDING 1. Purpose and Mission The primary purpose of the SWAT/CNT Unit is to handle hazardous situations which are beyond the normal operations of patrol deputies/officers, investigators or other agencies that request assistance. These hazardous situations require the need for special tactics, equipment and/or weapons for a safe resolution. 2. Functions of the SWAT/CNT Unit SWAT/CNT Unit officers shall be trained and equipped to handle the following types of situations: ADA METRO SPECIAL WEAPONS AND TACTICS TEAM — PAGE 2 Osherifflada metro swat -mutual assist compact 2016.doc I . Barricaded suspects 2. Snipers 3. Hostage situations 4. High -Risk warrant service (i.e. drugs, guns, etc.) 5. Service of warrants on heavily fortified locations 6. Civil disturbances 7. Dignitary protections 8. Searches for armed suspects 9. Institutional insurrections 10. Other incidents of a similar nature but not specifically defined. Effective Term and Method of Termination This Compact will be effective on the date of the last signature. Subject to prior appropriation, the Compact will automatically renew on October 1st of each year for ten years, provided that if any Participating Agency decides to terminate its participation in this Compact, this Compact shall terminate. The remaining Participating Agencies may negotiate and execute a new compact. Any Participating Agency may terminate its involvement with the SWAT/CNT Unit by providing thirty (30) days' prior written notice to the SWAT/CNT Unit Commander. 4. Financing Each Participating Agency will provide necessary funding for the operation of its personnel that are assigned to the SWAT/CNT Unit, in so far as each participating agency's budget allows. Such budgetary determinations shall be made solely by each Participating Agency. 5. Organizational Structure A. The SWAT/CNT Unit Commander, who shall receive direction and input from the Ada County Sheriff, the Garden City Police Chief, and the Meridian Police Chief, or their designees, shall govern the SWAT/CNT Unit. B. The Lead Participating Agency in the SWAT/CNT Unit shall be the Ada County Sheriff's Office ("ACSO"). The ACSO shall assign one (1) Commander of the rank of Lieutenant or above to oversee the functions of the SWAT/CNT Unit. C. The Meridian Police Department (MPD) will assign a minimum of two (2) officers to the SWAT/CNT Unit. D. The Garden City Police Department (CCPD) will assign a minimum of one (1) officer to the SWAT/CNT Unit. ADA METRO SPECIAL WEAPONS AND TACTICS TEAM — PAGE 3 nAsherifflada metro swat -mutual assist compact 2016.doc 6. Responsibilities A. General Responsibilities of Each Participating Agency: 1) Provide and account for overtime, compensatory time, personal leave, sick leave, workers' compensation insurance and other matters directly related to the employment of Participating Agency assigned officers. The issues shall be governed by the personnel policies and procedures of the Participating Agency. 2) Provide Participating Agency assigned law enforcement officer(s) with a firearm, rifle, ammunition and related equipment, approved by the Participating Agency and suitable for law enforcement work. 3) Provide Participating Agency assigned officer(s) any necessary equipment such as radio, ballistic vest(s) with identification vest cover or other appropriate identification, and other personal equipment such as flashlight, eye protection, helmet, etc. B. Responsibilities of ACSO, as lead Participating Agency: 1) Maintain records of expenditures and training, and prepare any and all reports necessary to satisfy Federal and State reporting requirements. 2) Compile necessary statistics regarding deployments and training, and prepare any and all reports necessary for SWAT/CNT Unit Operations. 3) Provide functional supervision of officers assigned to the SWAT/CNT Unit from other Participating Agencies. 4) Provide on the job documented, formal training for newly assigned officers to the SWAT/CNT Unit. 7. SWAT/CNT Unit personnel A. The SWAT/CNT Unit Commander shall be responsible for the unit's operations, personnel, deployments and activities. The Commander will direct the supervisors assigned to the unit and will perform administrative duties related to the management of all SWAT/CNT Unit operations. The SWAT/CNT Unit Commander shall: 1) Establish policies and procedures for the SWAT/CNT Unit and present them to the Participating Agencies for approval. Ensure all unit policies, procedures and regulations are followed, and report any violations to the respective Participating Agency. ADA METRO SPECIAL WEAPONS AND TACTICS TEAM — PAGE 4 nAsherifflada metro swat -mutual assist compact 2016.doc 2) Ensure monthly reports are submitted to Participating Agencies concerning the SWAT/CNT Unit activities, performances and funding issues. 3) Approve the SWAT/CNT Unit expenditures and ensure they are necessary and legal. 4) Address training needs of the SWAT/CNT Unit deputies/officers. 5) As needed, conduct meetings with Participating Agency leaders or their designees and address concerns. 6) Resolve conflicts between the SWAT/CNT Unit and Participating Agency policies and procedures. B. The SWAT/CNT Unit Supervisor shall supervise the SWAT/CNT Unit activities of assigned members; conduct debriefs and address training and personnel issues; and ensure that SWAT/CNT Unit Officers adhere to the policies, procedures and regulations of the SWAT/CNT Unit. The Supervisor may offer verbal counseling or retraining when necessary. Any form of discipline shall be handled by the officer's Participating Agency through the SWAT/CNT Unit chain of command. The Supervisor shall report directly to the SWAT/CNT Unit Commander for all issues relating to SWAT/CNT Unit operations. C. The SWAT/CNT Unit deputies/officers shall adhere to and follow policies, procedures and regulations as set forth in the approved SWAT/CNT Unit procedures manual and in this agreement. Additionally, each deputy/officer assigned to the SWAT/CNT Unit is required to: 1) Conduct him/herself as a professional law enforcement officer and adhere to established ethical standards in the performance of duties. 2) Carry a firearm(s) while on a deployment, approved by his or her Participating Agency. Each officer must qualify using the approved firearm(s) at least once annually. 3) Immediately notify his/her supervisor if there is a conflict between SWAT/CNT Unit policies and procedures and the policies and procedures of his or her Participating Agency. The supervisor or the SWAT/CNT Unit Commander shall resolve these conflicts before the conflicting action occurs. 4) Become familiar with Idaho Code § 67-2337, extraterritorial authority of peace officers, and act within statutory requirements. ADA METRO SPECIAL WEAPONS AND TACTICS TEAM — PAGE 5 nAsherifflada metro swat -mutual assist compact 2016.doc PGI'sonnel IJSUeS In the event of a complaint against an assn-ned officer, the complaint shalt be flonvarded to that officer's Participating Agency for investigation unless the SWAT/CNT Unit Commander determines the issue to be of such a minor nature that the Conuttander or SuPervisolr can appropriately address it and take corrective action. A continued, unresolved performance problem with an assi,pned officer will be grounds for the SWAT/CN"1- Unit Commander to request replacement of the assigned oftiecr through a recommendation to the officer's Participating Agency, 9. Indemnification Ptlt•Suant to and consistent with the terms Idaho Code ti 67-2337(=0, any liability arising from the acts of the Participating Aoency's emPloyees Pa►•ticipatittg in the Compact shall be the responsibility of the Participating Agency, IN WITNESS WHEREOF. Ada County, the City of Meridian and the City of Garden City have hereunto executed this Agreement and made it effective as herein above provided. Date Board of Ada CountY Commissioners —01 Jii bs, Commissioner 13y: (tick Yzaguirre, C i »issloner By: L &�P, D vi — Case, Commissioner ATTEST: Christopher D. Rich, Ada Couirty Clerk by Phil McGrRne, Chief Deputy ADA METRO SPECIAL 1VEAPONS AND 'TACTICS TEAM — PAGE 6 11AAVri1'l\1da metro smat-mutu;d assist compact 2016.doe Adn County Sherifrs Office Date 4S[cpheirtlett. Sheriff City of Meridian �LXt%;DAtuj �L f9 Q -a'': Cityul rDIA N��.. Date Tammy c . Mayor \ � IA r SEAL. Meridian Police Department By:• Date rey avey, Chief ti7IC City of Garden Cit By: _ J n Evans, Mayor SEAL Garden Ci 1, oliee De artment -•• By: I ek A len, Chief ADA METRO SPECIAL WEAPONS AND TAC'T'ICS TEAM — PAGE 7 wkshcriffiada metro sivawnumal assiNI campacl 2016.doc Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 5F PROJECT NUMBER: ITEM TITLE: Victory Crossing Sewer and Water Easement Sanitary Sewer And Water Main Easement Between The City Of Meridian And WL Victory Crossing LLC MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-030846 BOISE IDAHO Pgs=6 LISA BATT 04/13/2016 01:27 PM MERIDIAN CITY NO FEE 11111111111111111111111111111111111111111111111111 00213789201600308460060062 SANITARY SEWER AND WATER MAIN EASEMENT THIS INDENTURE, made this day of � �,,``tti 2011,2 between WL Victory Crossing, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer and water main right-of- way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer and water is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipelines from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBITS A and B) The easement hereby granted is for the purpose of construction and operation of sanitary sewer and water mains and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: WL Victory Crossing LLC Managed by White L velopment Company H. Ja White (President) Address: PO Box 1277 Address: Boise, ID 83701 STATE OF IDAHO ) . ss. County of Ada ) On this day of '. , 20 l r , before me, the undersigned, a Notary Public in and for said State, personally appeared �A . \')o,0 -V S Wh�ve _, known or identified to me to be H. James White, Managing Member, of the Limited Liability Company that executed the within instrument, and acknowledged to me that such executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SE L) ; ` F iDAHO NOTARY PUBLIC FOR Residing at:a Commission Expires: Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe GRANTEE: CITY OF MERIDIAN Tammy de W 0 J o rve5 Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) E IDIS IANC IDAHO Ile� SEAL Rif e TREASV�� ty Clerk Lk_ Va -k�' On this it 2'-T day of Z4V 11 , 20 1 , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and4ayeee+. H4hnan, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. C (SEALr ,- ��� • N • •� fro ,�A . 0440 �•• •Osamu.*• NOTARY PUBLIC FOR IDAHO Residing at: 0 4 ,e d LU-� Commission Expires: R - --f P Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc THE LAND GROUP, INC. January 28, 2016 Project No. 115151 EXHIBIT "A" SHOPS AT VICTORY SUBDIVISION, UTILITY EASEMENT Page 1 of 2 An easement located in a portion Northwest One Quarter of the Northwest One Quarter of Section 28, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at a found brass cap monumenting the Northwest corner of said Section 28; thence following the Northerly line of the Northwest Quarter of said Section 28, South 89°35'51" East, a distance of 530.00 feet (from which the North Quarter corner of said Section 28 bears South 89035'51" East, 2127.27 feet distant); thence leaving said Northerly line of said Section 28, South 00031'02" West a distance of 48.00 feet on the Southerly Right -of -Way line of East Victory Road; thence following said Southerly Right -of -Way line, North 89°35'51" West, a distance of 20.01 feet, to the POINT OF BEGINNING; Thence leaving said Right -of -Way line, South 00024'15" West, a distance of 63.51 feet; Thence North 89°3545" West, a distance of 25.03 feet; Thence South 00024'15" West, a distance of 12.00 feet; Thence North 89°35'45" West, a distance of 129.30 feet; Thence South 00024'15" West, a distance of 84.00 feet; Thence South 89037'30" East, a distance of 8.96 feet; Thence South 00022'30" West, a distance of 10.00 feet; Thence North 89037'30" West, a distance of 8.97 feet; Thence South 00°24'15" West, a distance of 44.48 feet; Thence South 45024'15" West, a distance of 36.57 feet; Thence North 89°35'45" West, a distance of 80.36 feet; Thence South 00°24'15" West, a distance of 10.00 feet; Thence North 89°3545" West, a distance of 25.00 feet; Thence North 00°24'15" East, a distance of 10.00 feet; Thence North 89°35'45" West, a distance of 101.09 feet; Thence South 00°24'15" West, a distance of 69.63 feet; Thence North 89°35'45" West, a distance of 75.65 feet to a point on the Easterly Right -of - Way line of South Eagle Road; Thence following said Right -of -Way line, North 0028'13" East, a distance of 20.00 feet; Thence leaving said Right -of -Way line, South 8935'45" East, a distance of 55.63 feet; Thence North 00°24'15" East, a distance of 69.63 feet; Ar Site Planning r landscape architecture ® Civil Engineering W Golf Course irrigation & Engineering & Graphic Communication o Surveying 462 E. Shore Drive, Ste. 1.00, Eagle, Idaho 83616 o P 208.939.4041 E 208.939.4445 a www.thelandgroupinc.com THE LAND GROUP, INC. Thence South 89°35'45" East, a distance of 53.25 feet; Thence North 00°24'15" East, a distance of 11.60 feet; Thence North 88°05'30" East, a distance of 129.76 feet; Thence North 00024'15" East, a distance of 10.22 feet; Thence South 89035'45" East, a distance of 10.00 feet; Thence South 00024'15" West, a distance of 9.82 feet; Thence North 88°05'30'East, a distance of 22.86 feet; Thence North 02°58'43" East, a distance of 156.33 feet; Thence South 89°35'45" East, a distance of 138.86 feet; Thence North 00°24'15" East, a distance of 45.51 feet to a point on the Southerly Right -of - Way line of East Victory Road; Thence following said Right -of -Way line, South 89035'51" East, a distance of 45.03 feet to the point of beginning; The above described easement contains 22,282 Sq.Ft. / 0.51 acres more or less, subject to all existing easements and rights-of-way of record. Attached hereto is Map Exhibit "B" and by this referenc( THE LAND GROUP, INC. 462 E. SHORE DRIVE, SUITE 100 EAGLE, IDAHO 83616 208-939-4041 208-939-4445(fax) Michael S. Femenia 01/28/2016 Ar Site Planning a lcand5cape Architecture & Civil Engineering a Goll Course Irrigation & Engineering & Graphic Communication , Surveying 462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 * F 208.939.4041 F 208.939.4445. www.thelandgroupinc.com I t I I S.20 I S.21 ---------------------- S.29 I ; S.28 I E. VICTORY ROAD - BASIS OF BEARING - S89°35'51 "E 2657.27' _ S.21 530.00' Soo°31'02"W - 2127.27' 8 48.00' RA4 RAY RAN RAV RAN RAM R/d! L25 L1 RAY S89°35'45"E I I N , POINT OF BEGINNING 138.86' _ J C ' r - - - - - UTILITY j I L4� ��� i EASEMENT 789-75 I I r5"W 3210 SOUTH EAGLE ROAD w I (-��, 129.30" L3 , 3.68 ACRES co V m L0T7 ASTORIA SUB. PARCEL NO. S1128223210 a0 ch 'a' A I N I o BK.106, PG.14520 coI z -I I`� 9;L5 1 I r o I � 04 Ro I I L20 J ------ r I N88°05'30"E L21 I L7 L19 129.76' L23� J N T I L18 �""-' �. -- - L22 IS oo I " LOT 8 ASTORIA SUB. cli1 L10 J �, UTILITY EASEMENT BK.106, PGA4520 wo I L13 N89°35'45"W z I JI I� 80.36' L12-' `11 I�- � (J L16 ,j _------- I -t _ _ � � �------------ i LOT 9ASTORIA SUB. N89°35'45"W I BKt06, PG.14520 75.65' 3 i ROBERT L. ALDRIDGE 3300 E. FALCON DRIVE I I I I I , I t I I I I I t I I I I I I I I I �1 529 S2 . 1V.8 Utility Easement HORIZONTAL SCALE: 1' =100' /��� THE LAND GROUP �1 I���� INCORPORATED 462 East Shore Drive, S 700 Eagle, Idaho 836166 . �Phone 208.939.4041 -Fax 206.939.4445 � e.{✓essuneny 'is.:nM Te Lauf 6.py, Nc U+anM¢ef Gi�ven[+Mha[tm use ae W53+,£f ty[�at.�fl3x Line Table LINE BEARING LENGTH Li N89°35'51°W 20.01' L2 S00°24'15"W 63.51' L3 N89°3545 W 25.03' L4 S00°24'15'W 12.00' L5 S89°37'30'E 8.96' L6 S00°22'30°W 10.00' L7 N89'37'30°W 8.97' L8 S00°24'15°W 44.48' L9 S45°24'15°W 36.57' L10 S00°24'15°W 10.00' L11 N89°3545W 25.00' L12 N00°24'15°E 10.00' Utility Easement HORIZONTAL SCALE: 1' =100' /��� THE LAND GROUP �1 I���� INCORPORATED 462 East Shore Drive, S 700 Eagle, Idaho 836166 . �Phone 208.939.4041 -Fax 206.939.4445 � e.{✓essuneny 'is.:nM Te Lauf 6.py, Nc U+anM¢ef Gi�ven[+Mha[tm use ae W53+,£f ty[�at.�fl3x Line Table LINE I BEARING LENGTH L2,71SEIV35'51°E 45.03' Sheet TOe: Dale of Issuance: Shops at Victory Subdivision Gest edhy. Checked by: Utility Easement Sheet No: Exhibit "B" 1 Meridian Idaho IIIIIIIIIIIIMI Line Table LINE BEARING LENGTH L13 N89°35'45°W 101.09' L14 S00°24'15°W 69.63' L15 N00°28'13"E 20.00' L16 S89°3545'E 55.63' L17 N00°24'15°E 69.63' L18 S89°3545'E 53.25' L19 N00°24'15°E 11.60' L20 N00°24'15°E 10.22' L21 S89°35'45'E 10.00' L22 S00°24'15'W 9.82' L23 N88°05'30°E 22.86' L24 I N00°24'15"E 45.51' Line Table LINE I BEARING LENGTH L2,71SEIV35'51°E 45.03' Sheet TOe: Dale of Issuance: Shops at Victory Subdivision Gest edhy. Checked by: Utility Easement Sheet No: Exhibit "B" 1 Meridian Idaho IIIIIIIIIIIIMI Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 5G PROJECT NUMBER: MDA -H-2015-0045 ITEM TITLE: Primary Health Amended Development Agreement for Primary Health (MDA -H-2015-0045), with Travis Stroud and Rocky Mountain Companies, located at 1624 and 1648 N.W. 1 st street, in the northeast 1/4 of Section 12, Township 3N., Range 1W. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-032994 BOISE IDAHO Pgs=6 CHE FOWLER 04/20/2016 11:11 AM MERIDIAN CITY NO FEE 11111111111 HI 11 111111111 11111111111111111 lI I III 00216161201600329940060069 ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Travis Stroud, Owner 3. Rocky Mountain Companies, Developer I a th THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated this 777—‘1—day of -,41- A ph ,2016,("ADDENDUM"),by and between City of Meridian, a municipal corporation of the State of Idaho("CITY"),whose address is 33 E. Broadway Avenue,Meridian,Idaho 83642 and Travis Stroud,("OWNER"),whose address is 1980 S. Meridian Road, Ste. 140, Meridian, Idaho 83642, and Rocky Mountain Companies, ("DEVELOPER"), whose address is 350 N. 9th Street, Ste. 200, Boise, Idaho 83702. RECITALS A. CITY and OWNER AND/OR DEVELOPER entered into that certain Development Agreement that was recorded on September 3,2015 in the real property records of Ada County as Instrument No. 2015082090 and a revised Development Agreement that was recorded on October 21, 2015 as Instrument No. 2015097483 ("DEVELOPMENT AGREEMENT") B. CITY and OWNER AND/OR DEVELOPER now desire to amend the Development Agreement,which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW,THEREFORE,in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER and/or DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: The Conceptual Development Plan shall be updated as shown in Exhibit A (attached). 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY. 5.1. Owner and/or Developer shall develop the Property in accordance with the following special conditions: ADDENDUM TO DEVELOPMENT AGREEMENT-Primary Health,MDA H 2015-0045 Page 1 of 5 a. Development of the site shall substantially comply with the site plan attached to this addendum as Exhibit A, and the landscape plan and building elevations included in Exhibit A, of the Findings of Fact and Conclusions of Law, attached as Exhibit B to the original Development Agreement, the design standards listed in UDC 11-3A-19, the guidelines contained in the City of Meridian Design Manual, the Destination: Downtown vision plan, Comprehensive Plan and the conditions in this report. b. Future restaurant/retail buildings constructed on the site shall be of similar design and construction materials as the coffee kiosk and conceptual elevations shown in Exhibit A.5 of the Findings of Fact and Conclusions ofLaw attached as Exhibit B; they shall also incorporate some kind of architectural feature(s) similar to the kiosk that has an appearance of a two story structure for at least a portion of the building, or be functionally two stories. c. The applicant shall provide a garden wall-at the northeast corner of this site at the intersection of W. Cherry Lane and N. Meridian Road.An area shall also be reserved at this corner for public art and/or an entry sign to the downtown area if a partnership can be reached with the Meridian Downtown Development Corporation(MDC)and the Meridian Art's Commission(MAC)for the provision of these items. A detail of the garden wall shall be submitted with the Certificate of Zoning Compliance application d. Direct lot access to Cherry Lane is prohibited; only one right-in/right-out driveway via Meridian Road and one full access driveway via NW 1st Street are allowed. e. Outdoor speakers are prohibited on this site. f A cross-access easement shall be granted to the property to the south at 1611 N Meridian Road(Parcel#R9453000076)for access to the driveway on the site via N Meridian Road in accord with UDC 11-3A-3A. A provision shall be added to the agreement that allows the Owner and/or Developer of the adjacent parcel to remove a section of the fence as necessary for access. A copy of the recorded easement shall be submitted to the Planning Division with the first Certificate of Zoning Compliance application. The applicant shall work with the adjacent property owner to the south in determining the location of the easement as well as inquiring if the owner would prefer to have the entire area landscaped or a driveway stub constructed with only a portion of the area landscaped at this time. If the owner prefers the stub is not constructed at this time, the easement should allow for the future construction of a driveway on the subject property. g A minimum 10 foot wide buffer planted with a mix of evergreen and deciduous trees that allow trees to touch at maturity shall be provided along the south boundary of Parcel C in accord with the standards listed in UDC 11-3B-9C.1 with development of Parcel B (Primary Health). h. Traffic calming devices(i.e. speed bumps)shall be installed in the southern drive aisle at the east side of the parking area where Parcels A and C adjoin to slow down traffic. ADDENDUM TO DEVELOPMENT AGREEMENT-Primary Health,MDA H 2015-0045 Page 2 of 5 i. The applicant shall apply for and execute a property boundary adjustment to the existing parcel boundaries prior to submittal of a Certificate of Zoning Compliance application for Parcel B. 2. That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de-annexation if the Owner and/or Developer, or their assigns, heirs, or successor shall not meet the conditions of this Addendum, and the Ordinances of the City of Meridian as herein provided. 3. This Addendum shall be binding upon and insure to the benefit of the parties' respective heirs,successors,assigns and personal representatives,including City's corporate authorities and their successors in office. This Addendum shall be binding on the Owner and/or Developer of the Property,each subsequent owner and any other person(s)acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees,upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Addendum if City, in its sole and reasonable discretion, had determined that Owner and/or Developer have fully performed its obligations under this Addendum. 4. If any provision of this Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This Addendum sets forth all promises, inducements, agreements, condition, and understandings between Owner and/or Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under-standing, either oral or written, express or implied, between Owner and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s)in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This Addendum shall be effective as of the date herein above written. 7. Except as amended by the Addendum, all terms of the previous Agreements shall remain in full force and effect. ADDENDUM TO DEVELOPMENT AGREEMENT-Primary Health,MDA H 2015-0045 Page 3 of 5 EXHIBIT A Proposed Conceptual Development Plan 811 THE HUMAN BEAN ' Zvi MERIDIAN,IDAHO .4:,:t61.•0" Nom "aiw.gl CIVIL CONSTRUCTION PLANS " Call rw.a+�a. — — — —_ — IN z= ..... _.-c: ..:ter` W Y ,_, —1k 61 .. -- n d ,t, ' — wR� LL6rx nKu " �( 7. ---", :1/44-..(''..7,'Z'.-::.,7 11 _... I PARCEL) � "� � � ' ' r't agper coNrw�uiw. naxn ox 1 a:..--+.4.tt +. iF I • r " i�- ]t -" y ,. E . '>:,',..=';'..%,. rgtQ� ;.• 1-1 { •'.'.1'" 1 i ill. iiIr a\ I1 PARCEL --..1e,.. i s I +..y... } f� r1- . . ' I '-1 .1 —... k^: i Y, z•1.,..iiil.. 'pati I $ TMODE=OF COED CERTIFICATION :".•':!:7?-,.. t: i Y PARCHLC I I1 - G: I 1 I ...-•.r••vw ;...��em n ii •• I I� y115 I i. .1 a i•.:- . tHAnos wwwu+a� i ti Ohl. - ib ~ �! I i I IOC f:.: t I ► I _, !� 4 .� I. �; 4 `` 01.111110,. j, iJ HMI PLAN Lt wn r l•su 9. • Il ® •L .b Speed bumps Primary Health Clinic—MDA H-2015-0045 ACKNOWLEDGMENTS IN WITNESS WHEREOF,the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER: Travis Stroud By .� '', DEVELOPER: Rocky Mountain Companies tkilBy: CITY OF MERIDIAN ....--"Are.....,.. . rir y de Weerd i 0 EDAUCVS ATTEST: `2000 �1,.0 City of VIM Ibb VINE � �E_RR\IDIAN \ =�_ `DAII Z �� ee . - i �erIR1� r',y SEAL /fir. ' \\ ��,QQ \.) Ub'nC� TE''° ,i,TREA5V* ADDENDUM TO DEVELOPMENT AGREEMENT-Primary Health,MDA H 2015-0045 Page 4 of 5 STATE OF IDAHO ) : ss: County of Ada, ) On this ‘(p day of ,2016,before me,the undersigned,a Notary Public in and for said State,personally appeared Travis Stroud,known or identified to me and acknowledged to me that he executed the same. 141ER0 i''•.,.IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year G�' 1 rtificate first above written. 'Li. C) 01ARY 7�tiw = , °w° •'SEA' /w'7 _. i ,•u, '' �i. PUO • V Notary Public fo Idaho 1• 11*4* Residing at: a, (�1 •.•s'j,, �Q.•• My Commission Expires:4 J 1�C-\ STATE OF IDAHO ) : ss: County of Ada, ) On this 1 J}`t' day ofPn I ,2016,before me,the undersigned,a Notary Public in and for said State, personally appeared i t1 kli 1JCt Vey-1 , known or identified to me to be the Co of Rocky Mountain Companies,and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certificate first piaoke. ten. • VE NR, • . 1ARj- A• W°'t O • V • • Notary Public f r daho • Residing at: eu l b • Ncy$ My Commission Expires: - fl-a v of a STATE OF IDAHO•••..• .N•• :ss County of Ada ) On this I a day of AP/1. 1 ,2016,before me,a Notary Public,personally appeared - 0 -- Tammy de Weerd and Jaycee-Li-Holman;know or identified to me to be the Mayor and Clerk,respectively, of the City of Meridian,who executed the instrument or the person that executed the instrument on behalf of said City,and acknowledged to me that such City executed the same. IN WITNESS WHEREOF,I have hereunto set my hand and affixed my official seal the day and year in this certifica e fkitten. • N •• ' • II IlActekvi-t<- L 4-hie (SEAL) • 4' 1.• Notary Public fo daho rb °A`, 1,� , Residing at: Q 0�,�, fC �,��: Commission expires: C/'01.q -1 '••.....• ADDENDUM TO DEVELOPMENT AGREEMENT-Primary Health,MDA H 2015-0045 Page 5 of 5 Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 5H PROJECT NUMBER: H-2015-0017 ITEM TITLE: Calnon Properties -AZ, CPAM Development Agreement for Calnon Properties -AZ, CPAM (H-2015-0017) with Kostka & Calnon, LLC located at 2215 W. Franklin Rd, in the Northern 1/2 of Section 14 Township 3 North, Range 1 West (Parcels #S1214120710, S1214121134,S1214212622,S1214121133 and S1214121172) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-030845 BOISE IDAHO Pgs=56 LISA BATT 04/13/2016 01:27 PM MERIDIAN CITY NO FEE II�IIII�II II'IIIIII'lllllll ('I' I" III IIIII II II'I) 00213788201600308460660669 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Kostka & Calnon, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this_ day of If-', \ , 2016, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho and Kostka & Calnon, LLC, whose address is 15210 30' Ave. Ct. NW, Gig Harbor, Washington 98332, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner/Developer is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property, except for the portions thereof owned by the Nampa and Meridian Irrigation District and the Ada County Highway District; and 1.2 WHEREAS, Idaho Code § 67-6511A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-513-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owner/Developer has submitted an application for the Annexation and Zoning of 55.55 acres of land with an C -C (Community Business District) (32.84 acres); TN -R (Traditional Neighborhood Residential) (8.95 acres); TN -C (Traditional Neighborhood Commercial (6.54 acres); and R-40 (High Density Residential) (7.22 acres) zoning districts (as described in Exhibit "A"), under the Unified Development Code, but has not determined how the Property will be developed and what improvements will be made except to be consistent with the MU -C and MU - R land use designations described herein; and DEVELOPMENT AGREEMENT — CALNON PROPERTIES H 2015-0017 PAGE 1 OF 11 1.5 WHEREAS, Owner/Developer represented at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, that it had not determined how the Property will be developed and what improvements will be made except as generally described herein; and 1.6 WHEREAS, the record of the proceedings for the requested annexation, comprehensive plan future land use map amendment and rezoning of the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 23`d day of December, 2015, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit `B"; and 1.8 WHEREAS, the Findings require the Owner/Developer to enter into a Development Agreement before the City Council takes final action on annexation and rezoning; and 1.9 WHEREAS, Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 2 OF 11 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 3.2 OWNER/DEVELOPER: means and refers to Kostka & Calnon, LLC, whose address is 15210 30t' Ave. Ct. NW, Gig Harbor, WA 98332, the owner of said Property and shall include any subsequent owner/developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owner/Developer shall develop the Property in accordance with the following special conditions: a. Prior to any development occurring on the subject property, the Owner/Developer shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU -C and MU -R land use designations. A mix of uses from each major use category (i.e. commercial, residential, employment) shall be provided as set forth in the Ten Mile Interchange Specific Plan (TMISAP). No more than 30% of the ground level development within the MU -C designation shall be used for residences. No more than 40% of the land area within the MU -R area shall be utilized for non-residential uses. b. The subject property shall be subdivided prior to issuance of any building permits for the site. c. The existing home and associated outbuildings shall be removed from the site prior to signature by the City Engineer on a future final plat for this property. d. Provide a minimum of 218 residential dwellings on the site of varying types (i.e. multi- family, single-family, townhouse, duplex, and/or vertically integrated). Note: The DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 3 OF 11 number of units provided may be greater than 218 units without a limit on the maximum of units. e. Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application. f. A 10 -foot wide multi -use pathway shall be constructed on this site along the north side of the Ten Mile Creek and to the property to the south (Parcel # S1214233665) as the portions of the Property on which said pathway is to be located are developed. The pathway shall be constructed in accord with the Pathways Master Plan and UDC 11-3A-8. Landscaping on either side of the pathway is required in accord with the standards listed in 11-311-12C. g. A minimum 14 -foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi -use pathways on this site and shall be approved by City Council and recorded prior to signature by the City Engineer on the first final plat. h. A portion of this site along the Ten Mile Creek is located within the Meridian Floodplain Overlay District. Prior to any development occurring within the Overlay District the Owner/Developer is required to submit, and the City shall review and approve, a floodplain development application which includes the necessary analysis and documents under MCC Title 10, Chapter 6, including hydraulic and hydrologic analysis. i. Direct lot access via W. Franklin Road, an arterial street, is prohibited under UDC 11-3A- 3, unless approved by ACHD and the City in conjunction with a more detailed development plan and/or subdivision application. A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel #S 1214212580, S1214212820 or S1214212740) and to the property to the east (parcel R 8580480020) via a note on the plat and/or a separate recorded agreement prior to signature on the final plat by the City Engineer. Cross -access shall also be granted between future lots within this development as applicable. k. The stub street that exists to this property at the east boundary of the site, W. Cobalt Street, from Whitestone Estate Subdivision shall be extended with development. 1. The Ten Mile Creek shall remain open and be protected during construction. in. The developer shall obtain approval from Nampa & Meridian Irrigation District (NMID) for the future collector street access to W. Franklin Road as it will cross the Vaughn Lateral which is owned in -fee by NMID. A license agreement for landscaping within the required street buffer along W. Franklin Road will also be required. n. With the development of the Property, the Vaughn Lateral shall be piped on the site where it is currently open if approval can be obtained from Nampa & Meridian Irrigation District (NMID) as it is owned in -fee by NMID. DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 4 OF 11 o. To the extent applicable at the time of Certificate of Zoning Compliance application, design elements compatible with the matrix on page 3-49 of the TMISAP for the MU -C and MU -R designated areas shall be provided with the development as follows: Architecture & Heritage (3-32); Street -Oriented Design — Commercial & Mixed Use buildings and Residential Buildings (MU -R only) (3-33); Buildings to Scale (3- 34);Neighborhood Design (3-36); Building Form and Character — Building Facades, Building Heights (general limit of 4 stories, first floor ceiling heights for retail), Base, Body and Top, Frontage (commercial retail frontage, live/work unit frontage, urban residential frontage in commercial districts), Roofs (flat, pitched) (3-37 thru 3-41); Building Details — Screening of Mechanical Units and Service Areas, Awnings and Canopies (MU -C only) (3-41); Signs (3-46); and Public Art (3-47). p. Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development. q. This property borders a domestic water pressure zone boundary, and therefore with development, the Owner/Developer shall be required to install a pressure reducing station vault and conduits for power and telemetry cabling in the vicinity of their southeasterly connection in W. Cobalt Street. The installation of the pressure reducing appurtenances shall be the responsibility of the Meridian Public Works Department. Owner/Developer shall coordinate the vault and conduit design criteria with the Meridian Public Works Department as part of the development plan review process. The City of Meridian currently owns and operates a sanitary sewer lift station near the west end of W. Cobalt Street. With the development of the subject property, the Owner/Developer shall be required to extend a sanitary sewer main from W. Franklin Road through the property to the lift station location and facilitate the abandonment of the lift station. s. The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the Owner/Developer agrees to use the City of Meridian's recycled water supply as the primary source of irrigation water. Further, the Owner/Developer agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding the city's ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can't serve the development then the primary source of irrigation water should come from surface water irrigation if available. t. The Owner/Developer shall be responsible to construct the recycled irrigation system in accordance with the Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 5 OF 11 requirements do not waive the Owner/Developer's responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. Business Owner/Tenant Requirements: u. Business hours of operation in the C -C district shall be limited from 6:00 am to 11:00 pm when the property abuts a residential use or district. Extended hours of operation may be requested through a conditional use permit (UDC 11-2B-3). v. A Certificate of Zoning Compliance and Design Review Application are required to be submitted to the Planning Division for approval prior to issuance of building permits of all uses (except single-family detached residential) to ensure compliance with UDC standards, guidelines in the Meridian Design Manual, and the TMISAP. w. Traditional neighborhood design concepts with a strong pedestrian -oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. At a minimum, the following design elements from the TMISAP shall be incorporated into the development to the extent the said design elements are applicable at the time of Certificate of Zoning Compliance application: i. Signs should be designed to contribute to the overall character, identity and way finding system. Signs should be compatible with the architecture of the buildings and businesses they identify in colors, materials, sizes, shapes, and lighting. ii. Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to open their doors & street front windows & use clear glass that allows visual access inwards & outwards; in. Human -scale design by building entrances placed close to the street, ground floor windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 6 OF I I failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de -annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation of the duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 7 OF 11 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owner/Developer agrees to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owner/Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNER/DEVELOPER: Kostka & Calnon, LLC 15210 30th Ave. Ct. NW Gig Harbor, WA 98332 with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 14.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 16. TIME IS OF THE ESSENCE: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other parry so failing to perform. DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 8 OF 11 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 21.1 No condition governing the uses and/or conditions governing re -zoning of the subject Property herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] DEVELOPMENT AGREEMENT - CALNON PROPERTIES H 2015-0017 PAGE 9 OF 11 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Kostka & Calnon, LLC sMEPANI-a CITY OF MERIDIAN .a .t Mayortannny de Weerd ATTEST: Go�0 CBDAu�Ls�Jl9 City of EI�IDIAM IDAHO •GG L. 1`1`ViIRYCIY'—i_ 1Ly 1�1G111 S EAL q0` •Ge 7k.�•5��0 DEVELOPMENT AGREEMENT — CALNON PROPERTIES H 2015-0017 PAGE 10 OF 11 "CW'1-4004 STATE OF ) f ss: County of , ) On this Wtdayof 016, before me, the undersigned, a Notary Public in and for said State, personally appeared leek A<bf4 , known or identified to me to be the of Kostka & Calnon, LLC, and acknowledged to me that he executed the same on behalf of said company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written ( AL) Notary Public State of Washington KEITH W PAGE My Appointment Expires Oct 8, 2016 STATE OF IDAHO ) ss County of Ada ) Notary Public for °tom Residing at: My Commission Expires: 1 On this day of d r; , 2016, before me, a Notary Public,--' �nC5 personally appeared Tammy de Weerd and , know or identified to in to be the ° `� Mayor and Cleric, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. �• 0 (SEAL) �' , �• • LAI (�I • •y . °•• OF IDAI�O •••• 96Lmelu-- L -1bo Notary Public f Idaho Residing at: (Q10 Commission expires: DEVELOPMENT AGREEMENT — CALNON PROPERTIES H 2015-0017 PAGE 11 OF 11 EXHIBIT A Legal Description & Exhibit Map for Annexation & Zoning Boundary (REVISED) B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Road. nnlse, ID 83705 Telephone 208+++3392Facslmlle 208+342+5792 Kostka/Gainon Meridian Annexation 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast comer of said Section 14; thence N89041'46'W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14, which is the Point of Beginning: Thence returning S89°41'26"E, 786.89 feet along the northerly boundary of said Section 14; Thence S00°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S76°54'53'E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S00°06'24"W, 971.48 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter of the northeast quarter of said Section 14; Thence N89"40'48°W, 1,329.35 feet along the southerly boundary of the northwest quarter of the northeast quarter of sold Section 14 to the southwest comer of the northwest quarter of the northeast quarter of said Section 14; Thence N89°3903"W, 612.67 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00006'37"E, 1,328.43 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the northerly boundary of said Section 14; Thence $89°37'56"E, 613.04 feet along the northerly boundary of said Section 14 to the Point of Beginning. Comprising 55.55 acres, more or less. This description includes public rights-of-way and irrigation facilities that reside within or adjolning the Kostka/Calnon lands. ' . EXHIBIT A B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Road, Boise, ID 83705 Telephone 208+343+33$1 Facsimile 208+342+5792 Kostka/Calnon Zone C -C 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 14; thence N89041'46"W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14, which is the Point of Beginning: Thence returning S89°41'26'E, 786.89 feet along the northerly boundary of said Section 14; Thence 800°06'24°W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence 676°54'53°E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S00906'24"W, 459.37 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the centerline of the Ten Mile Stub Drain; Thence 875003'037W, 180.21 feet along the centerline of the Ten Mile Stub Drain to a point of curvature; Thence 96.82 feet along the centerline of the Ten Mile Stub Drain along a tangent curve deflecting to the right, with a radius of 286.50 feet, a central angle of 19"21'430, a long chord of 96.36 feet and a chord bearing of S84a42'1IW- Thence N86°36'579W, 1,653.70 feet along the centedine of the Ten Mille Stub Drain; Thence 889023'03"W, 22.92 feet along the centerline of the Ten Mile Stub Drain: Thence N00006'37"E, 756.70 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the northerly boundary of said Section 14; Thence 889037'56"E, 613.04 feet along the northerly boundary of said Section 14 to the Point of Beginning, Comprising $2.84 acres, more or less. This description includes public rights-of-way and irrigation faci/iti, reside within or adjoining the KostkalCainon lards. EXHIBIT A B & A Engineers, Inc. Consulting Bnglneers & Land Surveyors 5505 West Franklin Road. Boise, ID 037U5 Telephone 2084-343+3381 PAOSimile 208+342+5792 KostkafCainon Zone TN -R 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast comer of said Section 14; thence N89041'46'W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter corner of said Section 14; thence returning S89041'26"E, 786.89 feet along the northerly boundary of said Section 14; thence S00"06'24W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S76054'53"E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence 800006'24"W, 459.37 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the centedine of the Ten Mile Stub Drain and to the Point of Beginning: Thence continuing 300"06'24'W, 512.11 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter ofthe northeast quarter of said Section 14; Thence N89040'48"W, 820.32 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence N00019'12"E, 494.20 feet to the centerline of the Ten Mile Stub Drain; Thence S65036'57"E, 550.05 feet along the centerline of the Ten Mille Stub Drain to a point of curvature; Thence 96.82 feet along the centerline of the Ten Mile Stub Drain along a tangent curve deflecting to the left, with a radius of 286.50 feet, a central angle of 19°21'43", a long chord of 96.36 feet and a chord bearing of N84o42'11"E; Thence N75°03'03"E, 180.21 feet along the centerline of the Ten Mile Stub Drain to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 and to the Point of Beginning Comprising 8.95 acres, more or less. This description includes public rights-of-way and irrigation facilities It reside within or adjoining the Kostka/Calnon lands. EXHIBIT A B & A Engineers, Inc. Con sultlUg Engineers & Land Surveyors 5505 West Franklin Road. Noise, ID 83705 'telephone 208+343+3381Facsltulie 208+342+5792 Kostka/Calnon Zone TN -C 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast comer of said Section 14; thence N69"41'46"W, 2,657.7a feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14; thence returning S89041126"E, 788,89 feet along the northerly boundary of said Section 14; thence S00°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence 576054'53"E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S00°06'24"W, 971.48 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter of the northeast quarter of said Section 14; thence N89040'48"W, 820.32 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the Point of Beginning. Thence continuing N89040'48"W, 509.03 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 1410 the southwest comer of the northwest quarter of the northeast quarter of said Section 14; Thence N89°39'03"W, 90.97 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00"20'57"E, 100.00 feet; Thence 471.37 feet along a tangent curve deflecting to the right, with a radius of 600.00 feet, a central angle of 45000'46", a long chord of 459.34 feet and a chord bearing of N22°51'20"E to the centerline of the Ten Mile Stub Drain; Thence 8135036'57"E, 424.97 feet along the centerline of the Ten Mille Stub Drain; Thence 800019'12"W, 494.20 feet to the Point of Beginning. Comprising 6.54 acres, more or less. This description includes public fights -of -way and irrigation facilities that reside within or adjoining the KostkalCelnon lands. EXHIBIT A B & A Engineers, Inc. Consulting Roglneers & Land Survuyors 5505 West Rranklin Road. Bolsa, ID 8970S Telephone 208+343+338IFacslmlTe' 209+342+5792 Kostka/Calnon Zone R40 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows; Commencing at the northeast comer of said Section 14; thence N69041'46w, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14; thence returning S89041'26"E, 786,89 feet along the northerly boundary of said Section 14; thence 800006'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S76054'53"E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S00°06'24"W, 971.48 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast comer of the northwest quarter of the northeast quarter of said Section 14; thence 1489°40'48'9N, 1,329.35 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southwest corner of the northwest quarter of the northeast quarter of said Section 14; thence N89039'03"W, 90.97 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the Point of Beginning, 'thence N89039'03"W, 521.70 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00°06'37"E, 571.73 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the centerline of the Ten Mile Stub Drain; Drain; Thence N89"23'03'E, 22.92 feet along the centerline of the Ten Mile Stub Thence S85036'57"E, 678.68 feet along the centerline of the Ten Mile Stub Drain; Thence 471.37 feet along a non -tangent curve deflecting to the left, with a radius of 600.00 feet, a central angle of 45000'46", a long chord of 459.34 feet and a chord bearing of 822051'20'W; Thence 800'20'67"W, 100.00 feet to the Point of Beginning. yY. Comprising 7.22 acres, more or less, ` u This description includes public rights-of-way and irrigation facilities that reside within or adjoining the KostkelCalnon lends, Cor. r 14 ea•srsa•r: 1J2e. at N.1/4 Cor. Ser A AOl?T•aNA ,1,A — W. Franklin Road me Gar. See a ua1•rA•A 132S.6o• --,, x Or. 0,14 e:,t.-Ptrrr.r• g i Kostka/Calnon rl+1..•tu,re rA.,.ar•n.ei• cc •e Lands .�i aiodt. "�' t� Situate ie rhe R.rlheau O.arr.r ~ of rho hbtrhe.Ar Ovorrer one Ty9 tho N.rlb.nrr ovurt.r of the w; Norrh.o+r Ovarl.r of SYart.A M. � f it�nw•e Oaa��." cc !ee Rr/e 3 Dr.1+ DAtet 16 Novenb.r 2013 - x a•ae�gy_ D A A EAgrneerf. ler. nr•.rt.aa, / •r.:►a r tara.u• AM. a/r..+e•eevr rr.,eMft. Se• CA A,.rr„•x as •ar •ae•r—� AN.e.•!!P N' Ito P I � Q Praporsd a'I Colf.eror �� i 0 Y, lal.IO' } ro,J xer•a,•oa•r eu.u• .al' x, ///6fh Cor. me Gar. See a ua1•rA•A 132S.6o• --,, x Or. 0,14 e:,t.-Ptrrr.r• g Kostka/Calnon rl+1..•tu,re rA.,.ar•n.ei• •e Lands .�i aiodt. "�' t� Situate ie rhe R.rlheau O.arr.r of rho hbtrhe.Ar Ovorrer one Ty9 tho N.rlb.nrr ovurt.r of the Norrh.o+r Ovarl.r of SYart.A M. y°8 �S Tore:h/p J North. Range / Ftert. 4Ct�S Boise lfarrdlaA. Ado Corery. tdoho DAtet 16 Novenb.r 2013 D A A EAgrneerf. ler. +ro aa• 206•JIJ•JJS! r tara.u• r1/6,h C.” EXHIBIT B Findings of Fact and Conclusions of Law and Decision and Order EXHIBIT B CITY OF MERIDIAN E IDIAN: -- FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER In the Matter of the Request for an Amendment to the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on 40.06 Acres of Land from Medium High and High Density Residential to Mixed Use Commercial and 15.49 Acres of Land from Medium, Medium -High and High Density Residential to Mixed Use Residential; and Annexation and Zoning of 55.55 Acres of Land with the C -C (40.06 acres), TN -C (5.46 Acres), and TN -R (10.03 Acres) Zoning Districts, by Kostka & Calnon, LLC/Calnon Enterprises, LTD. Case No(s), H-2015-0017 For the City Council Hearing Date of. December 15, 2015 (Findings on December 22, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of December 15, 2015, incorporated by reference) B, Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received fiom the governmental subdivisions providing services in the City of Meridian planning jurisdiction. S. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Cleric upon the applicant, the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S), H-2015-0017 - 1 - Community Development Department, the Public Works Department and any affected party requesting notice. 7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of December 15, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for an amendment to the Future Land Use Map contained in the Comprehensive Plan is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 15, 2015, attached as Exhibit A. 2. The applicant's request for annexation and zoning is hereby approved per the conditions of approval in the Staff Report for the hearing date of December 15, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). A modification to the development agreement may be initiated prior to signature of the agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11 -5B -3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of December 15, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). H-2015-0017 - 2 - By action of the City Council at its regular meeting held on the '02 t day of �> 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTEDie� COUNCIL VICE PRESIDENT KEITH BIRD VOTED t COUNCIL MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED- �� MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor a - e-Weerd Attest: GJ 2l✓U City of j ERIDIAN-- snnno a aycee o man ``ter SEAL City Clerk \' «� f;r,5.";' Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Dated: City�erk's O CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). FI -2015-0017 - 3 - EXHIBIT A STAFF REPORT Hearing Date: December 15, 2015 �T TO: Mayor &City Council C> E IDIAl�) FROM: Sonya Watters, Associate City Planner 208-884-5533 Bruce Freckleton, Development Services Manager 208-887-2211 SUBJECT: Calnon Properties — AZ, CPAM (H-2015-0017) I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Kostka & Calnon, LLC/Calnon Enterprises, LTD, has applied for annexation and zoning (AZ) of 55.55 acres of land with the C -C (40.06 acres), TN -C (5.46 acres), and TN -R (10.03 acres) zoning districts. An amendment to the Comprehensive Plan Future Land Use Map (FLUM) (CPAM) contained in the Ten Mile Interchange Specific Area Plan (TMISAP) is also proposed to change the land use designation on 40.06 acres of land from Medium High and High Density Residential to Mixed Use Commercial; and 15.49 acres of land from Medium, Medium -High and High Density Residential to Mixed Use Residential. See Section IX of the staff report for more information. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ and CPAM applications (as modified by staff in concurrence with the applicant) in accord with Exhibit A.4, the conditions of approval in Exhibit B and the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning & Zoning Commission heard these items on November 19, 2015. At the public hearing, the Commission moved to recommend approval of the subject CPAM and AZ requests. a. Summary of Commission Public Hearing: L In favor: Mike Wardle ii. In opposition: None iii. Commenting: None iv. Written testimony: Mike Wardle v. Staff presenting application: Sonya Watters A. Other staff commenting on application: None b. Key Issue(s) of Discussion by Commission: i. The Commission was conflicted in determining the number of residential units/densit appropriate for this site and left it up to the Council to determine if the staff recommendation is appropriate or if a lesser number/density would be more appropriate (see condition #l.l.ld). c. Key Commission Changes) to Staff Recommendation: i. None d. Outstanding Issues) for City Council: L None The Meridian City Council heard these items on December 15, 2015, At the public hearing, the Council approved the subject CPAM and AZ requests. a. Summary of City Council Public Hearing: L In favor: Mike Wardle and David Turnbull, Brighton Corporat on Calnon Properties — AZ, CPAM H-2015-0017 PAGE 1 EXHIBIT A ii,. In opposition: None Rh Commenting: None iy� Written testimony: Mike Wardle L Staff presenting application: Sonya Watters A Other staff commenting on application• None b� Key Issues of Discussion by Council: L The minimum number of residential units appropriate to be provided on this site c ky Council Changes to Staff/Commission Recommendation L Modify DA provision #l.l.ld to require a minimum of 218 dwelling units (instead o 380) to be provided on the site without a limit on the maximum number of units iL Modify DA provision #1.1.1 i which prohibits direct access via W. Franklin Road to include the language. "unless approved by ACHD and the City in conjunction with a more detailed development plan and/or subdivision application.L11 U pproved the change in zon. . ,requested by the applicant (see Exhibit Cl. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Number H-2015- 0017, as presented in the staff report for the hearing date of December 15, 2015, with the following modifications: (Add any proposed modifications). Denial After considering all staff, applicant and public testimony, I move to deny File Number H-2015-0017, as presented during the hearing on December 15, 2015, for the following reasons: (You should state specific reasons for denial) Continuance I move to continue File Number H-2015-0017 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: The site is located at 2215 W. Franklin Road, in the northern %2 of Section 14, Township 3 North, Range 1 West. (Parcel #'s: S 1214120710; S 1214121134; S 1214212622; S 1214121133; and S1214121172) B. Owner(s): Kostka & Calnon, LLC 2215 W. Franklin Road Meridian, Idaho 83642 Nampa & Meridian Irrigation District 1503 1" Street South Nampa, ID 83651 Note: Tlie Nampa & Meridian Irrigation District owns land in fee between the north boundary of this site and ACHD right-of-way, and across the northeast corner of this site where the Vaughn Lateral is located. The applicant states in his narrative that he contacted Daren Coon, NMID Secretary -Treasurer, and Daren stated that the District doesn't provide consent documents for applications such as this; however, they will not oppose the annexation of their property. Calnon Properties — AZ, CPAM H-2015-0017 PAGE 2 EXHIBIT A C. Applicant: Kostka & Calnon, LLC/Calnon Enterprises, LTD 2215 W. Franklin Road Meridian, Idaho 83642 D. Representative: Michael D. Wardle, Brighton Corporation 12601 W. Explorer #200 Boise, Idaho 83713 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for annexation and zoning and a comprehensive plan map amendment. A public hearing is required before the Planning & Zoning Commission and City Council on these applications, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: November 2 and 16, 2015 (Commission); November 23 and December 7, 2015 (City Council) C. Radius notices mailed to properties within 300 feet on: October 22, 2015 (Commission); November 20, 2015 (City Council) D. Applicant posted notice on site(s) on: November 9, 2015 (Commission); December 2, 2015 (City Council VI. LAND USE A. Existing Land Use(s) and Zoning: This site consists of rural residential and agricultural land, zoned RUT in Ada County. B. Character of Surrounding Area and Adjacent Land Use and Zoning: 1. North: W. Franklin Road and industrial property, zoned I -L 2. East: Land in the development process, zoned TN -R and C -C; and single-family residential properties (Whitestone Estate Subdivision), zoned R-4 3. South: Agricultural property (Ten Mile Center), zoned C -G, TN -C, TN -R and R-8 4. West: Agricultural property, zoned RUT in Ada County C. History of Previous Actions: None D. Utilities: 1. Public Works: a. Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in W. Franklin Road. b. Location of water: Water mains intended to provide service to the subject property currently exists in W. Franklin Road and W. Cobalt Street. c. Re -use pressurized irrigation water: A re -use irrigation main intended to provide service to the subject property currently exists in W. Franklin Road. d. Issues or concerns: None E. Physical Features: Calnon Properties — AZ, CPAM H-2015-0017 PAGE 3 EXHIBIT A Canals/Ditches Irrigation: The Ten Mile Creek bisects this site (east/west). The Vaughn Lateral nuns along the north boundary of the site and across the northeast corner of the site. The Vaughn Lateral right-of-way is owned in -fee by the Nampa & Meridian Irrigation District and separates the subject property from ACHD's right-of-way for Franklin Road. The Vaughn lateral is piped along the north boundary and open across the northeast corner of the site. 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: A portion of this site along the Ten Mile Creek is located in the Meridian Floodplain Overlay District. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is located in the area governed by the Ten Mile Interchange Specific Area Plan (TMISAP). The TMISAP focuses on developing an area that has an identity of its own but which links to nearby developments. The plan emphasizes the community's support for higher densities and mixed uses to create a vibrant and economically strong city. The plan also stresses the community's commitment to good site planning and design as a means of establishing a place everyone can be proud of and one that protects the interests of fiiture businesses and residents (pg. ix). LAND USE (CURRENT): The Future Land Use Map (FLUM) contained in the TMISAP currently designates the subject 55+/ - acre property as Medium Density Residential (MDR) (14+/- acres), Medium -High Density Residential (MHDR) (17+/- acres), and High Density Residential (HDR) (24+/- acres). MDR: MDR areas are characterized by relatively low densities and a predominance of single-family and two -unit housing types emphasizing ownership opportunities. Smaller two, three, or four unit apartment buildings may be compatible in an MDR area, but large apartment buildings or apartment complexes are not. In general, MDR areas should be protected from encroachments of higher density or higher intensity uses. MDR areas should include a mix of housing types that achieve an overall average target gross density of 6 units per acre. Generally, densities should range from 4-8 units per acre and should be designed conducive to walking with all of the housing and other uses sharing an interconnected sidewalk and street system. MHDR: Areas designated MHDR are recommended primarily for relatively dense multi -family housing types, such as row houses, townhouses, condominiums and apartment buildings and complexes. MHDR areas should include a mix of housing types that achieve an overall average density of 12 dwelling units per gross acre. Generally, densities should range from 8-15 units per acre. HDR: HDR areas are multiple -family housing areas where relatively larger and taller apartment buildings are the recommended building type. HDR areas should include a mix of housing types that achieve an overall average density target of at least 16-25 dwelling units per gross acre with up to 50 units per acre in a multi -story project. The design and orientation of new HDR buildings should be pedestrian -oriented and special streetscape improvements should be considered to create rich and enjoyable public spaces. A strong physical relationship between the commercial and residential components to adjacent employment or transit centers is critical. LAND USE (PROPOSED): The applicant proposes to amend the FLUM to change the land use designation on 40.06 acres of land from MHDR and HDR to MU -C (Mixed Use - Commercial); and 15.49 acres of land from MDR, MHDR, and HDR to MU -R (Mixed Use - Residential). Calnon Properties — AZ, CPAM H-2015-0017 PAGE 4 EXHIBIT A MU -C: MU -C designated areas are intended for the development of a mix of office, retail, recreational, employment and other miscellaneous uses, with supporting multi -family or single-family attached residential uses. The horizontal and vertical integration of residential uses is also essential in this area. This designation requires developments to integrate the three major use categories: residential, commercial, and employment. In MU -C areas, 3 more significant uses also tend to be larger scale projects. Traditional neighborhood design concepts with a strong pedestrian -oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. An overall target density of 8-12 dwelling units (d.u.) per (n acre is desired, with higher densities allowed in individual projects. No more than 30% of the ground level development within the MU -C designation should be used for residences. (See pg. 3-9 for more information) MU -R: MU -R designated areas encourage a diversity of compatible land uses that may include a mixture of residential, office, retail, recreational, employment, and other miscellaneous uses. While the focus of these areas is on residential uses, the horizontal and vertical integration of retail, office and employment uses is essential to securing entitlements. This designation requires developments to integrate the three major use categories — residential, commercial, and employment. Live - work units are strongly encouraged in the MU -R areas, as are a variety of other housing types. Office, employment and commercial uses are generally small in scale and focused on neighborhood services within the MU -R areas. Traditional neighborhood design concepts are essential. Development plans should be prepared in collaboration with the adjacent property owners in order to establish an integrated mixed use project across several parcels. No more than 40% of the land area within the MU -R area should be utilized for non-residential uses; an overall target density of 8-12 dwelling units per acre, with higher densities allowed on individual projects, is desired. (See pgs. 3-8 thru 3-9 for more information.) A detailed conceptual development plan was not submitted; however, the applicant did submit a concept plan that depicts retail, office, and service commercial uses within the proposed MU -C area and professional office/medium-high density residential uses within the proposed MU -R. High density multi -family residential uses are shown on the adjacent property to the west (TM Creek East). Arrows depicting internal and external circulation and the general alignment of a future mid -mile collector street are also depicted (see Exhibit A.2). The proposed office/medium-high density residential uses within the MU -R area south of the Ten Mile Creek and east of the future collector street will provide a transition in uses to existing and future medium density single-family residential properties to the east and south and future traditional neighborhood conurrercial and residential uses to the south — Staff is amenable to this portion of the plan. However, Staff does have some concerns with the remainder of the proposed changes, as follows: The concept plan for the proposed MU -C area does not include a residential component as required. The proposed retail and service commercial uses may count toward the commercial category and office uses may count toward the employment category. The concept plan for the proposed MU -R area does not include a comrnercial component as required. The proposed office uses count toward the employment category and the medium- high density residential counts toward the residential category. The overall 55 acre site is currently designated entirely for residential uses at varying densities from medium to high with an expected target of 508 dwelling units. This calculation assumes development with a 25% loss to infrastructure and open space and the average target density of each land use designation (8-MHDR, 5 -MDR and I5 -HDR) — the land owned by NMID where the Vaughn Lateral is located and the creek are excluded. Within the proposed MU -C designation, no more than 30% (or 12 acres) of the ground level Calnon Properties — AZ, CPAM H-2015-0017 PAGE 5 EXHIBIT A development (40 acres) should be residential; and within the proposed MU -R designation, no more than 40% (or 6.2 acres) of the land area (15.5 acres) should be non-residential. This results in a maximum of 18.2 acres (excluding the Ten Mile Creek) overall that call develop with residential uses if the maximum amount of non-residential uses develop in the MU -C area and the maximum amount of residential uses develop in the MU -R area which results in an expected target of 136 dwelling units — a significant difference from that currently anticipated. This calculation assumes development with a 25% loss to infrastructure and open space and the average target density of the proposed land use categories (10 -MU -C and 10 -MU -R) — the land owned by NMID where the Vaughn Lateral is located and the creek are excluded. While not necessarily the burden of this application area, it should be understood that cumulative changes to this area of the TMISAP, east of Ten Mile Road, have likely resulted in the loss of employment and residential densities needed to support transit supportive development. The loss of employment and residential acreage, and the loss of transit supportive densities, may limit firture transportation services and have long-range transportation implications. However, realizing a significant, higher -density residential component is still important to the long -terns viability of the area. Cumulative changes to future land uses within the Ten Mile Interchange have resulted in significantly more commercial property than originally planned. With both employment and residential densities lessened, in this application area and elsewhere within the specific area plan, it is unclear how a further reduction of residential acreage and increased cormnercial acreage, can be supported within this area of Meridian. In consideration of the above points, Staff recommends a change to the applicant's CPAM proposal as follows: the entire area north of the creek (33+/- acres) should be designated MU -C and the entire area south of the creek (22+/- acres) should be designated MU -R on the Future Land Use Map. Further, a mix of uses from the 3 major use categories (i.e. commercial, employment and residential) should be developed within each land use category as required. See Section LXAnalysis below for more it formation on zoning and density recommended for this area. TRANSPORTATION: The Transportation System Map included in the TMISAP depicts a residential collector street ("towncenter collector" on the Master Street Map) north/south through this site to W. Franklin Road with a roundabout at the intersection (see below). A street section from the TMISAP for a residential collector street is also shown below. Calnon Propeities — AZ, CPAM H-2015-0017 PAGE 6 EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 7 The street classification and design will be determined in the future when a more detailed development plan is submitted. The street section for a towncenter collector street is similar to a residential collector street in the TMISAP but has a center turn lane and no buffer/setback on the back side of the sidewalk to the adjacent building. DESIGN: The location, scale, form, height, and design quality of public and private buildings and spaces are integral to the development of the Ten Mile area. The design elements included in Chapter 3 of the TMISAP are intended to serve as the basic framework for projects within this area. The matrix on page 3-49 lists the following design elements (& associated page numbers) as applicable to MU-C and MU-R designated areas: Architecture & Heritage (3-32); Street-Oriented Design – Commercial & Mixed Use buildings and Residential Buildings (MU-R only) (3-33); Buildings to Scale (3-34); Neighborhood Design (3-36); Building Form and Character – Building Facades, Building Heights (general limit of 4 stories, first floor ceiling heights for retail), Base, Body and Top, Frontage (commercial retail frontage, live/work unit frontage, urban residential frontage in commercial districts), Roofs (flat, pitched) (3-37 thru 3-41); Building Details – Screening of Mechanical Units and Service Areas, Awnings and Canopies (MU-C only) (3-41 thru 3-45); Signs (3- 46); and Public Art (3-47). Traditional neighborhood design concepts with a pedestrian focus are essential in the MU-R and MU- C areas with higher density buildings close to the street, easy pedestrian access, narrower streets to EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 8 slow traffic, parking lots behind or under buildings, and residences with porches or balconies facing the street in MU-R areas; and quality building and site design and an attractive pedestrian environment with a strong street character in MU-C areas. GOALS, OBJECTIVES, & ACTION ITEMS: Staff finds the following Comprehensive Plan policies to be applicable to this application and apply to the proposed use of this property (staff analysis in italics):  “Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi-family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities.” (3.07.01E) The applicant proposes medium-high density residential uses on the southeast portion of the site and staff recommends a mix of other residential uses including high density is provided which will contribute to the variety of residential categories available within the City. Staff is unaware of how “affordable” the housing options will be.  “Implement the City’s Pathways Master Plan to provide a bike and pathways system between neighborhoods, local collectors, and community destinations.” (6.02.01A) A segment of the City’s multi-use pathway system is designated on this property along the Ten Mile Creek. This pathway will provide pedestrian and bicycle connectivity to and through this development when built out.  “Provide housing options close to employment and shopping centers.” (3.07.02D) This property is ideal to provide housing options in close proximity to employment and shopping centers on the site as well as to the west and south.  “Improve and protect creeks throughout commercial, industrial, and residential areas.” (5.01.01E) The Ten Mile Creek bisects this site (east/west) and is required to be improved and protected with this development and will serve as a water amenity with a recreational pathway.  “Incorporate creek corridors as an amenity in development design.” (5.09.01F) Future development of this site should incorporate the Ten Mile Creek as an amenity with landscaping and a recreational pathway along the north side of the creek.  “Require neighborhood and community commercial areas to create a site design compatible with surrounding uses (e.g., landscaping, fences, etc.).” (3.05.02A) Future development will be required to incorporate design elements from the TMISAP consistent with the MU-C and MU-R designated areas.  “Restrict private curb cuts and access points on collectors and arterial streets.” (3.06.02D) Direct access to W. Franklin Road, an arterial street, is restricted to the future collector street that will be constructed on this site with development; direct lot access will be prohibited. Cross-access will be required internally as well as to adjacent properties as applicable.  “Locate high-density development, where possible, near open space corridors or other permanent major open space and park facilities, Old Town, and near major access thoroughfares.” (3.07.02N) The site is adjacent to a major access thoroughfare, Ten Mile Road/I-84, and the Ten Mile Creek that runs through this site which will provide an open space corridor. EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 9  “Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City.” (3.01.01F) This property is contiguous to land that has already been annexed into the City. Urban services can be provided to this property upon development. STATE REQUIRED COMPREHENSIVE PLAN ANALYSIS Idaho’s counties and cities are required by law, Idaho Code 67-6508, to prepare, implement, review, and update a comprehensive plan which outlines goals and policies for land use. Fourteen elements which must be addressed in the plan are listed in the Code. It is the detailed ordinances that then spell out how these policies are to be achieved. The order in which the following policies are presented implies no order or priority. a. Community Design The purpose of this element is to ensure a pattern of planned growth resulting in orderly and attractive developments within the City of Meridian. The intended use of this property is a mixed use commercial and residential development. However, there are no specific uses proposed with this application. To promote quality design, all future structures, except for single-family detached homes, will be required to comply with the City’s design standards contained in UDC 11-3A-19 and the guidelines contained in the Meridian Design Manual. b. Population The City of Meridian must ensure that population growth is accommodated in an orderly pattern. Residential and commercial developments must be easily served by City infrastructure and public services. Necessary services are currently available to the subject site and should still be available upon development of the site. c. Housing The City of Meridian is charged with ensuring an adequate and attractive living environment which meets the needs of City residents of different ages, family sizes, lifestyles, and income levels. To accomplish this, the plan identifies areas appropriate for residential development and areas not appropriate. This site is currently designated entirely for residential uses ranging from medium to high density. The applicant proposes to change the land use designation on 40 acres of the site to MU-C and 15.5 acres of the site to MU-R which requires a mix of commercial, employment and residential uses; staff recommends a change to the applicant’s request to 33+/- acres of MU-C and 22+/- acres of MU-R. These designations will allow a mix of residential housing types to be provided within this development which will contribute to the variety of housing options available within the City and the commercial portion will provide services to area residents. d. Economic Development Meridian’s economic base has been gradually shifting over the last 20 years from a farming-based economy to a retail, service, and manufacturing-based economy. During this time, local policy with regard to the types of lands needed to support the economic and employment needs of the community has also changed. The Comprehensive Plan forecasts the need to continually adjust the provision of commercial lands in order to gradually broaden economic opportunity throughout the City. The subject property is currently identified as appropriate for a wide variety of residential densities from medium to high density. Because the site is located adjacent to an arterial street EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 10 (W. Franklin Road) and a major transit corridor (S. Ten Mile Road/I-84), Staff believes the proposed and recommended MU-C and MU-R designations are appropriate for this site. e. Public Services, Facilities, and Utilities City water and sewer service is available to the subject property and will be extended upon development by the developer. f. School Facilities and Student Transportation The purpose of this element is to direct new residential development to areas with adequate school facilities and student transportation. No comments have been received from the West Ada School District to determine if the school facilities and student transportation in this area are adequate to serve additional residents. g. Transportation The purpose of this element is to promote an efficient and safe transportation system within the City. Because the existing plan for the site is residential, the proposed FLUM amendment as recommended by staff to MU-C and MU-R will likely increase traffic within this area of the City. h. Natural Resources The purpose of this element is to promote conservation of areas of natural significance, where appropriate. Staff is not aware of any natural resources that exist on this site that would be impacted by the proposed development. i. Special Areas The subject amendment does not directly impact any lands designated for open space, natural resources, or scenic areas, nor does the parcel contain any known significant or sensitive natural resources although the Ten Mile Creek does run through this site which will remain open as a water amenity for the development. j. Hazardous Areas The purpose of this element is to ensure regulation of development in hazardous areas, such as floodplains, unstable slopes, etc. Staff is unaware of any hazardous areas on this site. k. Recreation Recreation resources within Meridian include 19 developed City parks totaling approximately 248 acres. The City is in the process of developing new park facilities. The City also maintains several pathways. This site is not formally designated for recreational purposes. l. Land Use The Comprehensive Plan Future Land Use Map is a graphic representation of applicable policies and goals of Meridian’s Comprehensive Plan. The Map has been prepared to identify suitable areas for future residential, commercial, and industrial development. The Map is designed to be a projection of growth patterns for the City. Therefore, the Map is to be used as a guide for decisions regarding requests for land use changes. Staff is of the opinion the proposed mixed use development is consistent with the proposed and recommended future land use designations of MU-C and MU-R. m. Implementation The City provides the necessary staff and facilities to administer and enforce the policies and goals of the Comprehensive Plan. The City of Meridian Planning Division will administer the Comprehensive Plan and its policies through the Unified Development Code. The Planning & EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 11 Zoning Commission is also authorized by the Council to review, approve and make recommendations on proposals affecting the public’s interest in land use. The City Council is the ultimate decision making authority on most land use applications. n. Property Rights The purpose of this element is to ensure that the land use policies, restrictions, conditions, and fees do not unconstitutionally violate private property rights, and establish a consistent review process that enable the City to ensure that any proposed actions will not result in an unconstitutional taking of private property without due process of law. Staff believes that the requested Comprehensive Plan Land Use Map change would not unconstitutionally violate private property rights. A neighborhood meeting was held on September 24, 2015 of which 6 people attended (see sign-up sheet included in application). STAFF ANALYSIS: Because this site is located just east of S. Ten Mile Road, an entryway corridor into the City, and south of W. Franklin Road, a planned commercial arterial street, and industrial property to the north, staff believes the MU-C and MU-R designations and associated zoning is appropriate in this area as it will allow a wide variety of commercial, residential, and employment uses easily accessible via I-84 and the arterial street network. VIII. UNIFIED DEVELOPMENT CODE (UDC) A. Purpose Statement of Zones: 1. The purpose of the commercial districts is to provide for the retail and service needs of the community in accordance with the Meridian comprehensive plan. Six (6) districts are designated which differ in the size and scale of commercial structures accommodated in the district, the scale and mix of allowed commercial uses, and the location of the district in proximity to streets and highways (UDC 11-2B-1). The C-C district is a larger scale and broader mix (than the C-N district) of retail, office, and service uses with access to arterials or nonresidential collectors. 2. The purpose of the traditional neighborhood districts is to encourage mixed use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. Vertically integrated residential projects are encouraged in all traditional neighborhood districts. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents (UDC 11-2D-1). The purpose of the TN-C district is to serve as the focal point of a neighborhood center, containing retail, commercial, and community services to meet the daily needs of community residents within a one to two mile radius. A TN-C district is pedestrian oriented, and it is designed to encourage pedestrian connection with a traditional neighborhood district. TN-C district uses include small scale retail, restaurants, recreational, personal services, public or quasi-public uses, churches, and attached and multi-family dwellings. The purpose of the TN-R district is to provide for a variety of residential land uses including attached and detached single-family residential, duplex, townhouse, and multi-family. A TN- R district includes open spaces and promotes pedestrian activity through well designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Most dwelling units should be accessed from alleys. The minimum density is 8 units/acre and the maximum density is 15 units/acre. Density should decrease away from the center and closer to conventional residential districts. The TN-R district should be generally located adjacent to a TN-C district, along a transit corridor, or within a mixed use neighborhood. EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 12 3. The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian comprehensive plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range (UDC 11-2A-1). The high-density residential (R-40) district allows a maximum gross density of 40 dwelling units per acre. B. Schedule of Use: UDC Tables 11-2B-3 and 11-2D-2 lists the principal permitted (P), accessory (A), conditional (C), and prohibited (-) uses in the proposed C-C and TN-C & TN-R zoning districts respectively. Any use not explicitly listed is prohibited. C. Dimensional Standards: Development of the site should be consistent with the dimensional standards listed in UDC Table 11-2B-3 for the C-C district, 11-2D-5 for the TN-C district, and Table 11-2D-6 for the TN-R zoning district. D. Landscaping: Landscaping is required in accordance with the TMISAP along streets. Landscaping within parking lots is required to comply with UDC 11-3B-8C. E. Off-Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for residential uses and 11-3C-6B for non-residential uses in residential, commercial, and traditional neighborhood districts. IX. ANALYSIS Analysis of Facts Leading to Staff Recommendation: A. Comprehensive Plan Map Amendment (CPAM): The applicant proposes to amend the FLUM contained in the Comprehensive Plan to change the land use designation on 40.06 acres of land from MHDR and HDR to MU-C (Mixed Use - Commercial); and 15.49 acres of land from MDR, MHDR, and HDR to MU-R (Mixed Use - Residential). Staff is supportive of most of the applicant’s request but recommends a change to the land use designation proposed south of the Ten Mile Creek and west of the future collector street as noted above in Section VII, Land Use (Proposed) and as shown in Exhibit A.4. See Section VII for more information. B. Annexation & Zoning (AZ) The applicant requests approval to annex & zone 55.55 acres of land with the C-C (40.06 acres), TN-C (5.46 acres) and TN-R (10.03 acres) zoning districts (see zoning map in Exhibit A.3). As noted above in Section VII, the applicant submitted a concept plan that depicts retail, office, and service commercial uses within the proposed MU-C area with C-C zoning; and professional office/medium-high density residential uses within the proposed MU-R area with TN-C and TN- R zoning. Multi-family residential uses are shown on the adjacent property to the west (TM Creek East). Arrows depicting internal and external circulation and the general alignment of a future mid-mile collector street are also depicted (see Exhibit A.3). In accord with Staff’s recommended change to the FLUM for the area south of the creek and west of the future collector street [noted above in Section VII, Land Use (Proposed)], Staff recommends a zoning change from the proposed C-C to the R-40 district for 9.3 acres of land. Further, Staff recommends a slight reconfiguration of the proposed TN-C and TN- R districts as follows: 6.9 acres of TN-C zoning on either side of the future collector street south of the creek at a depth of 300 feet from centerline; and 6.5 acres of TN-R zoning on the remainder of the site south of the creek and east of the collector street and TN-C zoning. EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 13 This leaves 32.9 acres of C-C zoning on the north side of the creek. See Exhibit A.4. The R-40 zoning will enable the development of high density residential uses as desired in this area which will merge with that to the west for a larger development area. This zoning should be compatible with future development to the south in the C-G and TN-C districts, to the north in the C-C district and to the east in the TN-C district. The TN-C and TN-R zoning will accommodate the office/medium-high density residential uses proposed by the applicant. The TN-C zoning will allow traditional neighborhood style development on either side of the collector street which will provide a transition from development in the C-C zone to the north and will merge with the future traditional neighborhood uses to the south. It will also allow for a wide variety of small scale retail, commercial and community service uses. The TN-R zoning will allow for the development of a daycare center as well as other residential types (e.g. single-family attached/detached, townhouses, duplex, multi- family, and vertically integrated residential uses). It will provide a transition in uses and zoning to existing and future medium density single-family residential properties to the east and south. The C-C zoning will allow small scale retail, office and service commercial uses as proposed, as well as a wide variety of commercial uses such as restaurants, drive-through establishments, and personal & professional services; employment uses such as offices, daycare center, industry information, and hotel/motel; and residential uses such as multi-family and vertically integrated residential. Overall, the zoning proposed by the applicant, and as refined by staff, will allow for the development of a mix of residential, commercial and employment uses as required in MU-C and MU-R designated areas. To ensure a density compatible with the TMISAP for this site while still compromising on the overall land uses for this area, staff recommends a minimum of 380 units are provided on the overall site. This calculation is based on 9.3 acres of R-40 at 25 d.u./acre=233 d.u./acre; 30% (10+/- acres) of the land area of the C-C zone (33+/- acres) at a density of 10 d.u./acre=100 d.u./acre; and 75% (4.55+/- acres) of the land area of the TN-R zone (6.5+/- acres) at a density of 10 d.u./acre=48 d.u./acre. (NOTE: These calculations are meant to show how the overall number of dwelling units could be dispersed. They are not meant to dictate that each zone contain that number of dwelling units. Staff recommends a minimum number of units be provided somewhere across the 55 acre site.) The legal description submitted with the application, included in Exhibit C, shows the boundaries of the property proposed to be annexed and zoned. The property is contiguous to land that has been annexed into the City and is within the Area of City Impact boundary. Staff recommends revised legal descriptions and an exhibit map are submitted prior to the City Council meeting that reflects staff’s recommended zoning. The City may require a development agreement (DA) in conjunction with an annexation pursuant to Idaho Code section 67-6511A. In order to ensure the site develops as proposed and recommended by staff with this application, staff recommends a DA is required as a provision of annexation with the provisions included in Exhibit B as follows:  Prior to any development occurring on the subject property, the applicant shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU-C and MU-R land use designations. A mix of uses from each major use category (i.e. commercial, residential, employment) shall be provided as set forth in the Ten Mile Interchange Specific Area Plan (TMISAP). No more than 30% of the ground level development within the MU-C designation shall be used for residences. No more than 40% of the land area within the MU-R area shall be utilized for non-residential uses. EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 14  The subject property shall be subdivided prior to issuance of any building permits for the site.  The existing home and associated outbuildings shall be removed from the site prior to signature by the City Engineer on a future final plat for this property.  Provide a minimum of 380 residential dwelling units on the site of varying types (i.e. multi-family, single-family, townhouse, duplex, and/or vertically integrated).  Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application.  A 10-foot wide multi-use pathway shall be constructed on this site along the north side of the Ten Mile Creek and to the property to the south (Parcel #S1214233665). The pathway shall be constructed in accord with the Pathways Master Plan and UDC 11 -3A- 8. Landscaping on either side of the pathway is required in accord with the standards listed in 11-3B-12C.  A minimum 14-foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi-use pathways on this site and shall be approved by City Council and recorded prior to signature by the City Engineer on the first final plat.  A portion of this site along the Ten Mile Creek is located within the Meridian Floodplain Overlay District. Prior to any development occurring within the Overlay District the applicant is required to submit, and the City shall review and approve, a floodplain development application which includes the necessary analysis and documents under MCC Title 10, Chapter 6, including hydraulic and hydrologic analysis.  Direct lot access via W. Franklin Road, an arterial street, is prohibited per UDC 11-3A-3.  A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel #S1214212580, S1214212820 or S1214212740) and to the property to the east (parcel #R8580480020) via a note on the plat and/or a separate recorded agreement prior to signature on the final plat by the City Engineer. Cross-access shall also be granted between future lots within this development as applicable.  The stub street that exists to this property at the east boundary of the site, W. Cobalt Street, from Whitestone Estate Subdivision shall be extended with development.  The Ten Mile Creek shall remain open and be protected during construction.  The developer shall obtain approval from Nampa & Meridian Irrigation District (NMID) for the future collector street access to W. Franklin Road as it will cross the Vaughn Lateral which is owned in-fee by NMID. A license agreement for landscaping within the required street buffer along W. Franklin Road will also be required.  The Vaughn Lateral shall be piped where it is currently open on the site if approval can be obtained from Nampa & Meridian Irrigation District (NMID) as it is owned in-fee by NMID.  Design elements compatible with the matrix on page 3-49 of the TMISAP for the MU-C and MU-R designated areas shall be provided with development as follows: Architecture & Heritage (3-32); Street-Oriented Design – Commercial & Mixed Use buildings and Residential Buildings (MU-R only) (3-33); Buildings to Scale (3-34); Neighborhood Design (3-36); Building Form and Character – Building Facades, Building Heights (general limit of 4 stories, first floor ceiling heights for retail), Base, Body and Top, EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 15 Frontage (commercial retail frontage, live/work unit frontage, urban residential frontage in commercial districts), Roofs (flat, pitched) (3-37 thru 3-41); Building Details – Screening of Mechanical Units and Service Areas, Awnings and Canopies (MU-C only) (3-41 thru 3-45); Signs (3-46); and Public Art (3-47).  Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development.  This property borders a domestic water pressure zone boundary, and therefore with development, the applicant shall be required to install a pressure reducing station vault and conduits for power and telemetry cabling in the vicinity of their southeasterly connection in W. Cobalt Street. The installation of the pressure reducing appurtenances shall be the responsibility of the Meridian Public Works Department. Applicant shall coordinate the vault and conduit design criteria with the Meridian Public Works Department as part of the development plan review process.  The City of Meridian currently owns and operates a sanitary sewer lift station near the west end of W. Cobalt Street. With the development of the subject property, the applicant shall be required to extend a sanitary sewer main from W. Franklin Road through the property to the lift station location and facilitate the abandonment of the lift station.  The City of Meridian requires that pressurized irrigation systems be supplied by a year- round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the primary source of irrigation water. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can’t serve the development then the primary source of irrigation water should come from surface water irrigation sources if available.  The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. Business Owner/Tenant Requirements:  Business hours of operation in the C-C district shall be limited from 6:00 am to 11:00 pm when the property abuts a residential use or district. Extended hours of operation may be requested through a conditional use permit (UDC 11-2B-3).  A Certificate of Zoning Compliance and Design Review Application is required to be submitted to the Planning Division for approval prior to issuance of building permits of all uses (except single-family detached residential) to ensure compliance with UDC standards, guidelines in the Meridian Design Manual (if applicable), and the TMISAP.  Traditional neighborhood design concepts with a strong pedestrian-oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian environment with a strong street character. At a minimum, the following EXHIBIT A Calnon Properties – AZ, CPAM H-2015-0017 PAGE 16 design elements from the TMISAP shall be incorporated into the development: o Signs should be designed to contribute to the overall character, identity and way finding system. Signs should be compatible with the architecture of the buildings and businesses they identify in colors, materials, sizes, shapes, and lighting. o Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to open their doors & street front windows & use clear glass that allows visual access inwards & outwards; o Human-scale design by building entrances placed close to the street, ground floor windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection. In summary, Staff recommends approval of the proposed CPAM and AZ applications as recommended by staff with a development agreement that includes the provisions listed in Exhibit B of this report in accord with the findings contained in Exhibit D. X. EXHIBITS A. Drawings/Other 1. Zoning/Aerial Map 2. Existing & Applicant’s Proposed FLUM 3. Conceptual Development Plan & Proposed Zoning 4. Staff Recommended FLUM & Zoning B. Agency & Department Comments C. Legal Description & Exhibit Map for Annexation & Zoning Boundary (REVISED) D. Required Findings from Unified Development Code EXHIBIT A Exhibit A Page 1 A. Drawings/Other Exhibit A.1: Zoning/Aerial Map EXHIBIT A - 2 - Exhibit A.2: Existing and Applicant’s Proposed Future Land Use Map EXHIBIT A - 3 - Exhibit A.3: Conceptual Development Plan & Proposed Zoning EXHIBIT A - 4 - Exhibit A.4: Staff Recommended FLUM & Zoning EXHIBIT A - 5 - EXHIBIT A B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS 1. PLANNING DEPARTMENT 1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall be signed by the property owner and returned to the Planning Division within two (2) years of the City Council granting annexation. The DA shall, at minimum, incorporate the following provisions: Property Owner/Developer Requirements: a. Prior to any development occurring on the subject property, the applicant shall modify the development agreement to include a more detailed conceptual development plan for the site that is consistent with the MU -C and MU -R land use designations. A mix of uses from each major use category (i.e. commercial, residential, employment) shall be provided as set forth in the Ten Mile Interchange Specific Area Plan (TMISAP). No more than 30% of the ground level development within the MU -C designation shall be used for residences. No more than 40% of the land area within the MU -R area shall be utilized for non-residential uses. b. The subject property shall be subdivided prior to issuance of any building permits for the site. c. The existing home and associated outbuildings shall be removed from the site prior to signature by the City Engineer on a future final plat for this property. d. Provide a minimum of 388 218 residential dwelling units on the site of varying types (i.e. multi -family, single-family, townhouse, duplex, and/or vertically integrated). Note: The number of units provided may be greater than 218 units without a limit on the maximum number of units. e. Future development of this site shall be consistent with the land use, transportation and design elements contained in the Ten Mile Interchange Specific Area Plan (TMISAP) and the design standards in effect at the time of Certificate of Zoning Compliance application. f. A 10 -foot wide multi -use pathway shall be constructed on this site along the north side of the Ten Mile Creek and to the property to the south (Parcel #S1214233665). The pathway shall be constructed in accord with the Pathways Master Plan and UDC 11-3A-8. Landscaping on either side of the pathway is required in accord with the standards listed in 11-313-12C. g. A minimum 14 -foot wide public pedestrian easement is required to be submitted to the Planning Division for the multi -use pathways on this site and shall be approved by City Council and recorded prior to signature by the City Engineer on the first final plat. h. A portion of this site along the Ten Mile Creek is located within the Meridian Floodplain Overlay District. Prior to any development occurring within the Overlay District the applicant is required to submit, and the City shall review and approve, a floodplain development application which includes the necessary analysis and documents under MCC Title 10, Chapter 6, including hydraulic and hydrologic analysis. i. Direct lot access via W. Franklin Road, an arterial street, is prohibited per UDC 11-3A-3} unless approved by ACHD and the City in conjunction with a more detailed development plan and/or subdivision application. j. A cross-access/ingress-egress easement(s) shall be granted to the property to the west (parcel #S1214212580, S1214212820 or S1214212740) and to the property to the east (parcel -6- EXHIBIT A #R8580480020) via a note on the plat and/or a separate recorded agreement prior to signature on the final plat by the City Engineer. Cross -access shall also be granted between future lots within this development as applicable. k. The stub street that exists to this property at the east boundary of the site, W. Cobalt Street, from Whitestone Estate Subdivision shall be extended with development. 1. The Ten Mile Creek shall remain open and be protected during construction. in. The developer shall obtain approval from Nampa & Meridian Irrigation District (NMID) for the future collector street access to W. Franklin Road as it will cross the Vaughn Lateral which is owned in -fee by NMID. A license agreement for landscaping within the required street buffer along W. Franklin Road will also be required. n. The Vaughn Lateral shall be piped on the site where it is currently open if approval can be obtained from Nampa & Meridian Irrigation District (NMID) as it is owned in -fee by NMID. o. Design elements compatible with the matrix on page 3-49 of the TMISAP for the MU -C and MU -R designated areas shall be provided with development as follows: Architecture & Heritage (3-32); Street -Oriented Design — Commercial & Mixed Use buildings and Residential Buildings (MU -R only) (3-33); Buildings to Scale (3-34); Neighborhood Design (3-36); Building Form and Character — Building Facades, Building Heights (general limit of 4 stories, first floor ceiling heights for retail), Base, Body and Top, Frontage (commercial retail frontage, live/work unit frontage, urban residential frontage in commercial districts), Roofs (flat, pitched) (3-37 thru 3-41); Building Details — Screening of Mechanical Units and Service Areas, Awnings and Canopies (MU -C only) (3-41 thru 3-45); Signs (3-46); and Public Art (3- 47). p. Sidewalks shall be provided internally along one side of all major drive aisles for pedestrian connectivity within the development. q. This property borders a domestic water pressure zone boundary, and therefore with development, the applicant shall be required to install a pressure reducing station vault and conduits for power and telemetry cabling in the vicinity of their southeasterly connection in W. Cobalt Street. The installation of the pressure reducing appurtenances shall be the responsibility of the Meridian Public Works Department. Applicant shall coordinate the vault and conduit design criteria with the Meridian Public Works Department as part of the development plan review process. r. The City of Meridian currently owns and operates a sanitary sewer lift station near the west end of W. Cobalt Street. With the development of the subject property, the applicant shall be required to extend a sanitary sewer main from W. Franklin Road through the property to the lift station location and facilitate the abandonment of the lift station. s. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the primary source of irrigation water. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can't serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. -7- EXHIBIT A The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. Business Owner/Tenant Requirements: u. Business hours of operation in the C -C district shall be limited from 6:00 am to 11:00 pm when the property abuts a residential use or district. Extended hours of operation may be requested through a conditional use permit (UDC 11-213-3). v. A Certificate of Zoning Compliance and Design Review Application is required to be submitted to the Planning Division for approval prior to issuance of building permits of all uses (except single-family detached residential) to ensure compliance with UDC standards, guidelines in the Meridian Design Manual (if applicable), and the TMISAP. w. Traditional neighborhood design concepts with a strong pedestrian -oriented focus are essential. Development should exhibit quality building and site design and an attractive pedestrian enviromnent with a strong street character. At a minimum, the following design elements from the TMISAP shall be incorporated into the development: i. Signs should be designed to contribute to the overall character, identity and way finding system. Signs should be compatible with the architecture of the buildings and businesses they identify in colors, materials, sizes, shapes, and lighting. ii. Restaurants are encouraged to have outdoor dining; shops & stores are encouraged to open their doors & street front windows & use clear glass that allows visual access inwards & outwards; iii. Human -scale design by building entrances placed close to the street, ground floor windows, articulated facades, appropriately scaled signs and lighting, and awnings and other weather protection. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 The following items shall be included as provisions of the Development Agreement: a. This property borders a domestic water pressure zone boundary, and therefore with development, the applicant shall be required to install a pressure reducing station vault and conduits for power and telemetry cabling in the vicinity of their southeasterly connection in W. Cobalt Street. The installation of the pressure reducing appurtenances shall be the responsibility of the Meridian Public Works Department. Applicant shall coordinate the vault and conduit design criteria with the Meridian Public Works Department as part of the development plan review process. b. The City of Meridian currently owns and operates a sanitary sewer lift station near the west end of W. Cobalt Street. With the development of the subject property, the applicant shall be required to extend a sanitary sewer main from W. Franklin Road though the property to the lift station location and facilitate the abandonment of the lift station. c. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). By entering into a development agreement with the City of Meridian, the applicant agrees to use the City of Meridians recycled water supply as the -8- EXHIBIT A primary source of irrigation water. Further, the applicant agrees to provide for secondary backup water to provide service when recycled water is not available. Once development plans have been submitted to the city for review, the city will model the recycled water system and make a final determination regarding our ability to supply reclaimed water to the development. If the city can serve the development with recycled water then recycled water must be utilized as the primary source of irrigation water and a secondary or backup source must also be provided. If the city can't serve the development then the primary source of irrigation water should come from surface water irrigation sources if available. d. The applicant shall be responsible to construct the recycled irrigation system in accordance with Department of Environmental Quality (DEQ) recycled water rules and regulations, and Division 1200 of the City of Meridian Supplemental Specifications and Drawings to the Idaho Standards for Public Works Construction. These requirements do not wave the applicants responsibilities or obligations to irrigation districts that may be able to provide surface water to the development. 3. POLICE DEPARTMENT 3.1 The Police Department has no comments on this application. 4. FIRE DEPARTMENT 4.1 The Fire Department has no comments on this application. 5. REPUBLIC SERVICES 5.1 Republic Services has no comments on this application. 6. PARKS DEPARTMENT 6.1 A 10 -foot wide multi -use pathway will be required with development of the site along the north side of the Ten Mile Creek in accord with the Meridian Pathways Master Plan, 7. ADA COUNTY HIGHWAY DISTRICT This application is for annexation, rezone, and Future Land Use Map Amendment only. Listed below are some of the findings for consideration that the District may identify when it reviews a future development application. The District may add additional findings for consideration when it reviews a specific redevelopment application. 7.1 Ten Mile Interchange Specific Area Plan a. This site is located within the Ten Mile Interchange Specific Area Plan planning area. The proposed land uses are different from those adopted in the plan; because of this the applicant has provided an abbreviated traffic impact study (TIS). The TIS provides a trip generation analysis comparing the proposed development to the approved uses in the plan and a trip distribution analysis. b. The site is currently planned for Medium, Medium -High, and High Density Residential land uses. As part of this application the applicant is requesting to change the future land use map to Mixed Use Commercial, Mixed Use Residential, and High Density Residential land uses. Based on the proposed changes in the land use, the TIS estimates that the average daily trips would increase from 9,262 (current zoning) to 17,745 trips per day. In the AM peak hour the trips would decrease from 711 to 551 trips, in the PM peak hour the trips are estimated to increase from 870 to 1,188 peak hour trips. -9- EXHIBIT A c. The Ten Mile Interchange Specific Area Plan shows a north/south collector roadway and an east/west local street connection between the collector and Cobalt Street, an existing stub street located east of the site. The applicant should incorporate the north/south collector roadway and the local street connection to Cobalt Street as part of any future development application on the site. d. The north/south collector/Franklin Road intersection is anticipated to be signalized in the future when warrants are met. 7.2 Franklin Road a. Franklin Road was recently reconstructed as a 5 -lane roadway in conjunction with the Franklin Road Ten Mile to Linder Road project and is frilly -improved. Therefore, no additional roadway improvements or right-of-way dedication on Franklin Road would be required as part of a future development application. 7.3 Access a. Franklin Road is classified as a principal arterial roadway; as such direct lot access is prohibited. Because of this the site should be designed with access off of the north/south collector, local street connections, and cross access opportunities. - to- EXHIBIT A C. Legal Description & Exhibit Map for Annexation & Zoning Boundary (REVISED) B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Road, Boise, ID 83705 Telephone 208+343+3381Facsintile 208+342+5792 Kostka/Gainon Meridian Annexation 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows; Commencing at the northeast corner of said Section 14; thence N89°41'46"W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter corner of said Section 14, which is the Point of Beginning: Thence returning S89°41'26"E, 786.89 feet along the northerly boundary of said Section 14; Thence S00°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S76°54'53'E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S00°06'24"W, 971,48 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter of the northeast quarter of said Section 14; Thence N89°40'48"W, 1,329.35 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southwest corner of the northwest quarter of the northeast quarter of said Section 14; Thence N89039'03"W, 612.67 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00°06'37"E, 1,328.43 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the northerly boundary of said Section 14; Thence S89°37'56"E, 613.04 feet along the northerly boundary of said Section 14 to the Point of Beginning, Comprising 55.55 acres, more or less. This description includes public rights-of-way and irrigation facilities that reside within or adjoining the KostkalCeinon lands. " �a 4._1J � 7 ec_xv ' q� EXHIBIT A B & A Engineers, Inc. Consulting Gnglneers & Land Surveyors 5505 West Franklin Road, Boise, ID 83705 Telephone 208+343+3381Facsimlle 208+342+5792 Kostka/Calnon Zone C -C 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ads County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 14; thence N89041'46"W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14, which is the Point of Beginning; Thence returning S89041'26"E, 786.89 feet along the northerly boundary of said Section 14; Thence S00°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S76°54'53"E, 556.21 feet to the easterly boundary of she northwest quarter of the northeast quarter of said Section 14; Thence Soo°06'24"W, 459.37 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the centerline of the Ten Mile Stub Drain; Thence S76003'03"W, 180.21 feet along the centerline of the Ten Mile Stub Drain to a point of curvature; Thence 96.82 feet along the centerline of the Ten Mile Stub Drain along a tangent curve deflecting to the right, with a radius of 286.50 feet, a central angle of 19°21'43", a long chord of 96.36 feet and a chord bearing of S84"42'1 1W, Thence N8503657"W, 1,653.70 feet along the centerline of the Ten Mille Stub Drain; Thence S89023'03"W, 22.92 feet along the centerline of the Ten Mile Stub Drain; Thence N00006'37"E, 756,70 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the northerly boundary of said Section 14; Thence S89037'56"E, 613.04 feet along the northerly boundary of said Section 14 to the Point of Beginning. Comprising 32.84 acres, more or less. This descnption includes public rights-of-way and irrigation facififi reside within or adjoining the Koslka/Calnon lands. - 12- B & A Engineers, Inc, Consulting Engineers $ Land Surveyors 5505 West Franklin Road. Boise, ID 83705 Telephone 2081.343-+3381 Facsimile 2081342+5792 Kostka/Cainon Zone TN -R 18 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 14, thence N89"41'46IIW, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14; thence returning S89°41'26"E, 786.89 feet along the northerly boundary of said Section 14; thence S00°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S76°54'53"E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S00°06'24"W, 459.37 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the centerline of the Ten Mile Stub Drain and to the Point of Beginnings. Thence continuing 800'06'24"W, 512.11 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter of the northeast quarter of said Section 14; Thence N89040'48'W, 820.32 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence N00'19'12"E, 494.20 feet to the centerline of the Ten Mile Stub Drain; Thence S85036'57"E, 550.05 feet along the centerline of the Ten Mille Stub Drain to a point of curvature; Thence 96.82 feet along the centerline of the Ten Mile Stub Drain along a tangent curve deflecting to the left, with a radius of 286.50 feet, a central angle of 19'21'43", a long chord of 96.36 feet and a chord bearing of N84042'1 VE; Thence N76'03'03"E, 180.21 feet along the centerline of the Ten Mile Stub Drain to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 and to the Point of Beginning Comprising 8.95 acres, more or less. This description includes public rights-of-way and irrigation facilities tt reside within or adjoining the Kostka/Ca/non lands. -13- EXHIBIT A B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Road. Boise, ID 83705 Telephone 208+3431•3381Facsimile 208+342+5792 Kostka/Calnon Zone TN -C 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast corner of said Section 14; thence N89041'46"W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter corner of said Section 14; thence returning S89041'26"E, 786.89 feet along the northerly boundary of said Section 14; thence S00°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S76°54'53"E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S00°06'24"W, 971.48 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter of the northeast quarter of said Section 14; thence N89040'48°W, 820.32 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the Point of Beginning: Thence continuing N89°40'48°W, 509.03 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southwest comer of the northwest quarter of the northeast quarter of said Section 14; Thence N89°39'03V, 90.97 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00°20'57" E, 100.00 feet; Thence 471.37 feet along a tangent curve deflecting to the right, with a radius of 600.00 feet, a central angle of 45"00'46", a long chord of 459.34 feet and a chord bearing of N22°51'20®E to the centerline of the Ten Mile Stub Drain; Thence S85°36'5T'E, 424.97 feet along the centerline of the Ten Mille Stub Drain; Thence S00°19'42"W, 494.20 feet to the Point of Beginning. Comprising 6.54 acres, more or less. This description includes public rights-of-way and irrigation facilities that reside within or adjoining the Kostka/Calnon lands. -14- EXHIBIT A B & A Engineers, Inc. Consulting Engineers & Land Surveyors 5505 West Franklin Road. Boise, ID 83705 Telephone 208+343+3381Facsimile 208+342+5792 Kostks/Cannon Zone R-40 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows; Commencing at the northeast comer of said Section 14; thence N89°41'46"W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14; thence returning 589°41'26"E, 786,89 feet along the northerly boundary of said Section 14; thence S00°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S76054'53°E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence 300006'24"W, 971.48 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast comer of the northwest quarter of the northeast quarter of said Section 14; thence N89°40'48"Vit, 1,329.35 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southwest corner of the northwest quarter of the northeast quarter of said Section 14; thence N89039'03"W, 90.97 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the Point of Beginning: Thence N89039'03"W, 521.70 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00°06'37"E, 571.73 feel along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the centerline of the Ten Mile Stub Drain; Thence N89°23'03"E, 22.92 feet along the centerline of the Ten Mile Stub Drain; Thence S85°36'57"E, 678.68 feet along_ the centerline of the Ten Mile Stub Drain; Thence 471.37 feet along a non -tangent curve deflecting to the left, with a radius of 600.00 feet, a central angle of 45°00'46", a long chord of 459.34 feet and a chord bearing of S22"51'20"W; Thence S00°20'57"W, 100.00 feet to the Point of Comprising 7.22 acres, more or less, This description includes public rights-of-way and irrigation facilities th reside within or adjoining the Kostka/Calnon lands. -15- EXHIBIT A I111*_17.I6", , 1328-98* W. Franklin Road _J Car. MW Car, Seo 14 12.02' CA 8.111.14 C4 A-1-4 #.d,.7­fLV. 0, hyo Pro a, HE Car. S.. S 89-41 1 111. ;9 11161h Can KostkalOalnon Lands $0,.i* in rhe O ­far .f the Nrih,est Narve, and rhe h, of rhe Mar I head 0 f ;an 14, '..nship 3 North. Range I West, ft,se tf.r,diop. Ad. C-opy. ldaho Data; 16 lJo rearb er 2015 D A A EAg1A##rS. IAO. 208343,3381 1116 Jh Cor. 1116 rh Car' EXHIBIT A D. Required Findings from Unified Development Code 1. COMPREHENSIVE PLAN AMENDMENT FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an amendment to the Comprehensive Plan, the Council shall make the following findings: a. The proposed amendment is consistent with the other elements of the Comprehensive Plan. The City Council finds that the proposed changes, as recommended by the Comission, to the Future Land Use Map are consistent with elements of the Comprehensive Plan as detailed in Section VII above. b. The proposed amendment provides an improved guide to future growth and development of the city. The City Council finds that the proposal to modify the Future Land Use Map to allow for a mix of residential, small scale neighborhood friendly commercial uses, and employment uses on the site will be compatible with existing and future residential and commercial uses in the nearby vicinity. c. The proposed amendment is internally consistent with the Goals, Objectives and Policies of the Comprehensive Plan. The City Council finds that the proposed amendment is internally consistent with the Goals, Objectives, and Policies of the Comprehensive Plan (see Section VII for detailed analysis). d. The proposed amendment is consistent with the Unified Development Code. The City Council finds that the proposed amendment is consistent with the Unified Development Code. e. The amendment will be compatible with existing and planned surrounding land uses. The City Council finds the proposed amendment will be compatible with adjacent existing and future residential and commercial uses. f. The proposed amendment will not burden existing and planned service capabilities. The Commission finds that the proposed amendment would not burden existing and planned sei vice capabilities in this area of the city. Sewer and water services are available to be extended to this site. g. The proposed map amendment (as applicable) provides a logical juxtaposition of uses that allows sufficient area to mitigate any anticipated impact associated with the development of the area. The City Council finds the proposed mixed use development of this property is consistent with the proposed map amendment and will not significantly impact development in this area and provides a logical juxtaposition of uses. h. The proposed amendment is in the best interest of the City of Meridian. For the reasons stated in Sections VII, VIII, and IX and the subject findings above, the City Council finds that the proposed amendment is in the best interest of the City. -17- EXHIBIT A 2. ANNEXATION & ZONING FINDINGS: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The City Council finds that the map amendment recommended by staff to C -C, TN -C, TN -R and R-40 is consistent with the proposed MU -C and MU -R FLUM designations for this site and should be compatible with existing and future uses in the area. Therefore, the City Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above for more information). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The City Council finds that the proposed map amendment to the C -C, TN -C, TN -R and R-40 zoning districts is consistent with the purpose statements of the commercial, traditional neighborhood, and residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The City Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The City Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The City Council finds the proposed annexation of this property is in the best interest of the City. -18- F r CUSTOMS DECLARATION May be opened officially CN22 Designated operator Impee ortant! T l T� ,gInstructions on the _ _ _ © Gift fQ ___J Commercial sample Documents Other _V Quantind dPaileddescription ^ ty a of contents Utility Knife Snap Of 1 _ Weight g)�^ 0.01 1.98 _ �� ^^ _ Total Weight Total Valu -� (In kgs (USD) t l,the undersigned, whose name and address aregiven on the itme,certify that oarticulars given in this declaration are correct and that this item dose not contain any dangerous article or artices prohibited by legislation or by postal or custons regulations Date and sender's signature Williams - Bradbury A T T O R N E I S A T L A W April 5, 2016 Sonya Watters Associate Planner City of Meridian Community Development Dept. 33 E. Broadway Avenue, Ste. 102 Meridian, ID 83642 Re: Kostka & Calnon, LLC Development Agreement Dear Sonya: Enclosed please find the original Development Agreement executed by the property owner. You will note that I have not attached Exhibit B (because I have not managed to successfully download and print it) and assume that you can take care of that. Once the Agreement has been dated, executed by the City and recorded, I would appreciate it if you would return a copy to me. Feel free to call if you need something more from me. SAB/jr Enclosure Very truly yours, /Stephe*A. radbury 1015 W. Hays Street -Boise, ID 83702 Phone: 208-344-6633 - www.williamsbradbury.com Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 51 PROJECT NUMBER: H-2015-0046 ITEM TITLE: , Brinegar Prairie Subdivision Findings Of Fact, Conclusions Of Law For Brinegar Prairie Subdivision (H- 2015-0046) By Suggs Community Solutions Located 2220 N. Ten Mile. Road Request: Annexation And Zoning Of 23.46 Acres Of Land With An R-8 Zoning District Request: Preliminary Plat Approval Consisting Of Ninety -Four (94) Building Lots And Thirteen (13) Common Lots On 22.6 Acres Of Land In A Proposed R-8 Zoning District MEETING NOTES OEM Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 5J PROJECT NUMBER: AZ -15-010 ITEM TITLE: Swindell Subdivision Findings Of Fact, Conclusions Of Law for Swindell Subdivision (AZ -15-010 / RZ-15-01 1 / PP -15-013) by Volante Investments, LLLP Located Northwest Corner of S. Locust Grove Road and E. Overland Road Request: Annexation and Zoning of 15.07 Acres of Land with a C -C Zoning District Request: Rezone of 0.57 of an Acre of Land and 5.09 Acres of Land from the C -G to the C -C Zoning District Request: Preliminary Plat Approval Consisting of Seven (7) Building Lots, One (1) Common Area Lot and One (1) Other Lot on 20.03 Acres of Land in a Proposed C -C Zoning District MEETING NOTES O's -n ---mm Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 5K PROJECT NUMBER: H-2015-0037 ITEM TITLE: Logan Creek Findings Of Fact, Conclusions Of Law for Logan Creek (H-2015-0037) by Jim Jewett, JLJ, Inc. Located 4617 & 4620 S. Martinel Request: Preliminary Plat Approval Consisting of Sixty -Eight (68) Building Lots, Eighteen (18) Common Lots and Two (2) Other Lots on 21.76 Acres of Land in an R-4 Zoning District Request: Modification to the Development Agreement with AZ 14-016 to reflect modified site layout and updated provisions L. DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 5L PROJECT NUMBER: ITEM TITLE: Purchasing Policy for the City of Meridian Resolution No. � (P " k\3\ : A Resolution Approving A Revised Purchasing Policy for the City of Meridian. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 16-_ BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION ADOPTING A REVISED PURCHASING POLICY FOR THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have authority over the operations, policies and procedures of the City of Meridian; and WHEREAS, on April 18, 2006, the City Council of Meridian adopted a Purchasing Policy for the City of Meridian and it was updated on March 23, 2010; and WHEREAS, the City Council may amend policies from time to time as necessary to incorporate changes as needed; and WHEREAS, on March 22, 2016 a revised Purchasing Policy was presented to the Mayor and City Council. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That the revised City of Meridian Purchasing Policy be adopted, a copy of which is attached to this Resolution and incorporated herein by this reference. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2016. ADOPTED by the City Council of the City of Meridian, Idaho, this 12th day of April, APPROVED by the Mayor of the City of Meridian, Idaho, this 12th day of April, 2016. ATTEST: M Jacy J --�' CED Ariot, GO �Q City of 1, E IDR IAN, IDAHO SEE v g0�f5r TftEp`'�� y de Weerd RESOLUTION ADOPTING A REVISED PURCHASING POLICY FOR THE CITY OF MERIDIAN APRIL, 2016 Approved bvCity Council April lZ,201G Purchasing F'/'s'][33 E. Broadway Avenue Meridian, |D 83642 " Phone 208-489'0418 " Fax 208-887-4813 Table of Contents Purchasing Department Responsibilities & Function...................................................................................3 Purchasing Categories, Methods and Authority...........................................................................................3 I. PURCHASING CATEGORIES............................................................................................................3 II. PURCHASING METHODS................................................................................................................5 111. PURCHASING AUTHORITY.............................................................................................................8 IV. PURCHASING ETHICS AND VENDOR RELATIONSHIPS...................................................................9 V. APPEALS......................................................................................................................................10 VI. PAYMENT PROCESSING...............................................................................................................11 VII. SURPLUS PROPERTY....................................................................................................................11 ATTACHMENT„A,'...................................................................................................................................15 Definitions...........................................................................................................................................15 ATTACHMENT"B"................................................................................................................................... 20 Idaho Statutes Regarding Purchasing, Contracting and Purchasing...................................................20 RelatedStatutes and Rules................................................................................................................. 21 2 Purchasing Policy—April 2016 C-/ E IDl� IAN; l i� m 4 III 111 111111111 11 1 Purpose This policy establishes a centralized purchasing system for the City of Meridian, the purpose of which is to establish the rules and processes for purchasing within the City, based on State code. Commodities and services purchased in the public sector represent a direct cost to the citizens and taxpayer. Every purchase that City employees make is subject to public scrutiny. Ethics, Impartiality, Accountability, Professionalism, Service and Transparency are the values and guiding principles of public purchasing. The rules, processes and regulations contained in this policy were developed to encourage competitive solicitations, promote transparency, guard against collusion and comply with State Statutes. This Purchasing Policy outlines the requirements for purchasing all goods and services. The policy addresses a variety of topics which include; Categories, Methods, Authority, Ethics, appeals, payments, and surplus property. The City of Meridian has assigned the following categories, methods and purchasing authority for purchases. All employees are to identify which category is right for their respective request or purchase and follow that policy. General liability, automotive, and workman's compensation insurance are required for all contracts, written or verbal, which require services to be performed on City property. In addition, most professional services agreements will require professional errors and omissions insurance. It is each employee's responsibility to verify that such insurance is in place prior to the start of work. Only the City's Risk Manager may waive any insurance requirement. I. PURCHASING CATEGORIES The City of Meridian has established the following categories: i CATEGORY ONE: Goods, Supplies & Equipment (I.C. §67-2806) L Purchases up to $10,000 require one quote. ii. Purchases $10,001 to $25,000 require three written quotes. iii. Purchases $25,001 to $50,000 require an informal bid process. iv. Purchases $50,001 and above require a formal bid process. 1 Information Technology (IT) Purchases: All IT purchases must follow both this policy and the IT Purchasing Policy. 3 Purchasing Policy —April 2016 IDRIiv CATEGORY TWO: Contracted Services (I.C. §67-2806) i. Purchases up to $10,000 require one quote. ii. Purchases $10,001 to $25,000 require three written quotes. iii. Purchases $25,001 to $50,000 require an informal bid or RFP process. iv. Purchases $50,001 and above require a formal bid or RFP process. CATEGORY THREE: Professional Services L Sub -category (a) I.C. §67-2320: Engineering, Architect, Construction Management, Land Surveyors a. Purchases up to $25,000 require • A review of consultant's qualifications, and determination of Qualification, or • Selection from a current approved roster. b. Purchases $25,001 and above require • A formal RFQ process, or • Selection from a current approved roster created from a formal RFQ. ii. Sub -Category (b) I.C. §67-2803(4): Attorney, Accountant etc. • Purchases in this category are exempt from any solicitation requirement. All other policy and procedure requirements still apply. CATEGORY FOUR: Public Works Construction Purchases in this category have special requirements that must be met regardless of which department conducts the purchase. i. All public works contractors performing work on projects above $10,000(I.C. §54-1903)(i) must have a current Idaho Public Works Contractors License. It is the responsibility of the employee making the purchase to verify that the contractor meets this requirement. ii. Payment and performance bonds are required for all public works construction projects above $10,000. These bonds shall be 100% of the contract price individually. iii. Purchases up to $10,000 require one quote. iv. Purchases $10,001 to $25,000 require three written quotes. V. Purchases $25,001 to $100,000 require an informal bid process. (I.C. §67- 2805)(2a) vi. Purchases of $100,001 and above require a formal bid process. vii. TAX COMMISSION REQUIREMENTS FOR PUBLIC WORKS CONSTRUCTION • Within thirty (30) calendar days after City awards a contract to a public works contractor, the Purchasing Department shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. See I.C. §54- 1904A. 4 Purchasing Policy —April 2016 C�%iE zD�za�� If material or equipment is purchased or supplied by the City of Meridian, who is exempt from sales and use taxes, for subsequent use or installation by a public works contractor, then the use by the contractor is subject to use tax. For example, if a contractor has a public works contract to build a structure using materials owned and supplied by the City, the contractor is the consumer of the materials and is subject to a use tax on their value. This tax falls directly upon the contractor and not the owner of the property. See Idaho Administrative Rules 35.01.02.12 CATEGORY FIVE: Specialized Repair Purchases in this category are exempt from solicitation requirement. II. PURCHASING METHODS A. QUOTE Quotes may be obtained either verbally or written and must contain the following: i. Description of the goods or services requested ii. All costs including delivery to the end users location iii. Any vendor terms and conditions B. INVITATION FOR BID (Bid) Invitation for Bids shall only be issued by the'Purchasing Department in one of two forms, Informal and Formal. If the event of a tie bid, the City may award to the bidder it chooses. i. Informal bid requirements a. be open for a minimum of three days b. Must be sent to a minimum of three vendors. c. Be awarded to the bidder submitting the lowest responsive bid. (goods and services) or d. Be awarded to the qualified bidder submitting the lowest responsive bid. (construction) ii. Formal bid requirements a. Advertised in the local paper two times with the last at least 7 days prior to the opening. b. Be open for a minimum of 14 days c. Bids must be submitted sealed. d. A public bid opening shall take place e. Be awarded to the bidder submitting the lowest responsive bid. (goods and services) 5 Purchasing Policy —April 2016 Ill fiil�> f. Be awarded to the qualified bidder submitting the lowest responsive bid. (construction) C. REQUEST FOR PROPOSAL (RFP) Request for Proposal's may be used for general services or complex purchases i.e. software, specialized equipment, leases etc. i. Request for Proposal requirements a. Describe what the product or service or solution is to accomplish. b. Provide evaluation criteria of how the solicitation will be awarded. c. City Project Manager shall select the evaluation team. d. Shall be awarded to the highest ranked proposer as ranked by the evaluation team. e. Final terms and conditions, including cost, may be negotiated. D. REQUEST FOR QUALIFICATIONS (RFQ) Request for Qualifications must be used for the selection of Engineers, Architects, Construction managers and Land Surveyors (I.C. §67-2320). RFQ's may also be used for other types of professionals services, i.e. accountant, attorney, auditor etc. Please contact Purchasing for applicability. i. Request for Qualification requirements a. Describe the services required. b. Provide evaluation criteria of how the solicitation will be awarded. c. City Project Manager shall select the evaluation team. d. Cost may NOT be a factor in the evaluation process. e. Shall be awarded to the highest qualified firm/individual as ranked by the evaluation team. f. Final terms and conditions, scope of work and cost shall be negotiated. E. PRE -QUALIFICATION The City may require Public Works Contractors to be pre -qualified for a particular project (I.C. §67-2805)(3)(b). L Pre -Qualification Requirements a. Advertise the Pre -Qualification in the local paper two times with the last publication at least 7 days prior to the qualification due date. b. Describe the construction services to be performed. c. Provide evaluation criteria of how contractors will be evaluated. d. City Project Manager shall select the evaluation team. 6 Purchasing Policy —April 2016 ��Vl E IDIZ IAN�� . e. Only Contractors selected through the Pre -Qualification process will be allowed to bid on the construction project. All other bids received will be deemed non-responsive. F. LEASES L All leases must be processed through the Purchasing Division regardless of dollar amount. ii. Capital leases must be appropriated and expensed for the full amount the first year of the lease. G. COOPERATIVE BIDDING L The Department may use the established state, federal, city, or county contracts to make purchases. The Division of Purchasing contract information is located at: http://Purchasing.idaho.gov/statewide contracts.html ii. In accordance with I.C. §67-2803(1) and §67-2807(1), the City may also piggyback on other city or county bids if the pricing is consistent with the original bid and the bid process followed I.C. Title 67. All bid documentation should accompany the purchase request. H. EMERGENCY PURCHASE Emergency purchases may be completed without the requirement of a solicitation (I.C. §67- 2808)(1). All other policy and process requirements still apply. i. Emergency Purchase Requirements • The emergency purchase is necessary to safeguard life, health or property. • The City Council must declare that an emergency exists within 60 days of the emergency event. I. SOLE SOURCE PURCHASES Sole Source purchases must be pre -approved by City Council and are exempt from solicitation requirements. All other purchasing policy and process requirements still apply. Sole source purchases must be advertised in the local paper 14 calendar days PRIOR to making the purchase. L Sole Source Purchase Requirements(I.C. §67-2808)(2) a. Only one source reasonably available and one of the following apply: i. Compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration; ii. Where a sole supplier's item is needed for trial use or testing; 7 Purchasing Policy —April 2016 C -I E IDIS IAN; iii. The purchase of mass-produced movies, videos, books or other copyrighted materials; iv. The purchase of public works construction, services or personal property for which it is determined there is no functional equivalent; v. The purchase of products, merchandise or trademarked goods for resale at a political subdivision facility; vi. Where competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances. III. PURCHASING AUTHORITY By adoption of this Policy, the City Council has set the following signatory thresholds for purchases through the Purchasing Department. Through adoption of this Policy the Mayor has delegated signing authority for purchases made per this policy: A. PURCHASES UP TO $10,000 Purchase Orders and Contracts in this range may be signed by any Department Director or Authorized City Personnel. All City Departments Directors are required to insure all employees have read the Purchasing Policy prior to delegating signing authority for purchases in this range. The employee is responsible for verifying that there are funds available for the purchase and for obtaining all required documentation, i.e. insurance, licenses etc., for the applicable purchasing category. The employee is responsible for obtaining the City Attorney's approval of any contract the employee is signing. B. PURCHASES ABOVE $10,000 Purchase Orders and contracts above $10,000 must be signed by either the Purchasing Manager, the Mayor or their respective designees, prior to the purchase. The Chief Financial Officer will stand as the signatory in the absence of the Purchasing Manager. C. PURCHASE ORDERS AND CONTRACTS ABOVE $50,000 All purchase orders and contracts in this range require legal review and City Council approval. D. CHANGE ORDERS Employees may create change orders. All change orders must utilize the standard City form and be signed by the Purchasing Manager. The Purchasing Manager shall determine if specific change orders require Council approval. Employees are to contact the Purchasing Manager prior to issuing a change order. Purchasing Policy —April 2016 CVL E IDIS IAN:;—. E. CREDIT CARD USAGE This policy states the minimum guidelines required by the City of Meridian Credit Card Policy 6.2.5 and by law. Individual departments may establish more restrictive guidelines for usage. Credit card purchases must comply with the Purchasing Policy requirements stated above. IV. PURCHASING ETHICS AND VENDOR RELATIONSHIPS Every City employee has a personal responsibility to conduct government business in an ethical manner and assure the integrity of the City purchasing and purchasing processes. All City employees and elected officials are responsible for adherence to City and State purchasing rules, and regulations. A. CODE OF ETHICS All City of Meridian employees responsible for procuring goods or services shall: i. Follow the rules and regulations of the City of Meridian Standards of Conduct Policy 7.5 and the laws of the State of Idaho. ii. Avoid activities that would compromise or give the perception of compromising the best interests of the City. (ref. HR Conflict of Interest Policy 6.18) iii. Reduce the potential for any charges of preferential treatment by actively promoting the concept of competition. iv. Act as good custodians of public money by obtaining maximum benefit for funds spent. V. All employees are required to comply with the City's HR Policy 6.11 in regards to gifts and gratuities. In addition to HR Policy 6.11 employees in a position to make or recommend an award of a City purchase shall not solicit or accept gifts, money, prejudicial discounts or entertainment material which might influence or appear to influence purchasing decisions. B. VENDOR RELATIONSHIPS Developing and maintaining good relationships with our suppliers is important. City personnel should work through the Purchasing Department for vendor communication. Maintain and practice, to the highest degree possible, business ethics, professional courtesy, and competence in all transactions. Adhere to and protect the supplier's business and legal rights to confidentiality for trade secrets, and other proprietary information. C. LOYALTY AWARDS (GIFT CARDS) AND GIFTS Employees are prohibited from personally accepting loyalty/gift cards and/or gifts from vendors for making purchases on behalf of or in any capacity for the City. The City, and 9 Purchasing Policy —April 2016 not the employee, is being rewarded for its faithful business. Therefore, employees are to ask for discounts on the purchase being made in lieu of gift cards. D. PROHIBITIONS The City has adopted the following state statutes in regard to purchasing prohibitions: L I.C. §67-5726 — Conflict of interest regarding the holding of contracts or selling to the City property or supplies by City employees unless award is made after competitive bids per HR Policy 6.18. ii. I.C. §67-5726 — Prohibition regarding the influencing or conspiring to influence public purchasing decisions and contract awards. Attempts at influence may include kickbacks and bribes, peddling or payment of a fee, back door selling, hard -sell tactics, fraternization, or offering gifts to avoid following published procedures or gain advantages. iii. I.C. §67-5726 — Circumventing Purchasing Authorization — Prohibits efforts by employees to obtain products or services by avoiding the competitive process by splitting purchases or creating false emergency situations. iv. I.C. §67-5726 — No vendor or related party, or subsidiary, or affiliate of a vendor may submit a bid to obtain a contract to provide property to the City, if the vendor or related party, or affiliate or subsidiary was paid for services utilized in preparing the bid specifications or if the services influenced the procurement process. V. APPEALS The City of Meridian strives for a fair, legal and transparent solicitation process. Any bidder, proposer or vendor who believes they were aggrieved in connection with a solicitation or award may appeal to the Purchasing Manager. The solicitation appeals are as follows: L Specification Appeal a. Informal Solicitation — A bidder/proposer must submit an appeal to the City Clerk at least one (1) day prior to the due date and time of the solicitation. b. Formal Solicitation — A bidder/proposer must submit an appeal to the City Clerk no later than three (3) days prior to the due date and time of the solicitation. ii. Appeal of Award a. Formal Solicitation — A bidder/proposer must submit an appeal to the City Clerk within seven (7) calendar days of the transmittal of the Notice of Intent to Award, stating the express reason(s) the bidder feels that the award decision is in error. 10 Purchasing Policy —April 2016 VI. PAYMENT PROCESSING The City must maintain control over the disbursement of its funds by requiring proper approval and consistent application of procedures for payment transactions. This policy seeks to promote fiscal control, timely and accurate disbursement of funds for external purchases and employee reimbursements, and compliance with state and federal regulations. The Accounts Payable function, within the Finance Department under the direction of the Chief Financial Officer, is responsible for overseeing the payment process for the City, including oversight of appropriate payment method, the approval process and disbursement controls. Prior to disbursement of funds the Finance Department requires all payment requests to be approved by Mayor, Directors or authorized designee. The Mayor, Director or authorized designee approval assures the following conditions have been met: i. The payment request (invoice, check request, receipt, etc.) must be a valid business purpose. ii. Goods or services must have been procured in accordance with the City purchasing policy iii. Goods or services have been received to the satisfaction of the requester iv. The amount to pay reflects the negotiated amount per the purchase order, contract/agreement or verbal agreement. Payments for goods and services are made payable only to the provider of those goods or services (or to a contractually named agent). VII. SURPLUS PROPERTY Personal Property It is the policy of the City to dispose of surplus personal property in the manner that maximizes value received by the City and/or attendant benefits to the community in accordance with the requirements below: ANY PROPERTY THAT IS TO BE DISPOSED OR SOLD WITHOUT PUBLIC NOTICE, PUBLIC SALE OR AT AUCTION MUST BE AUTHORIZED BY CITY COUNCIL RESOLUTION PRIOR TO DISPOSAL OR SALE. 11 Purchasing Policy —April 2016 ��VL E IDIS IAN;:, A. CATEGORIES OF DISPOSAL i. Category A – Items with an original purchase price less than $2,000 a. All methods of disposal apply. ii. Category B – Items with an original purchase price between $2,000 and $9,999 a. All methods of disposal apply. iii. Category C -items with an original purchase price of $10,000 and above. a. All methods of disposal apply except 1(b). B. METHODS OF DISPOSAL i. Method 1– Sell a. Sell to a state or public agency (city, school district, fire district, irrigation district, etc.) or charitable organization (501)(c)(3) and 501(c)(19). b. Sell to the highest bidder of a public sale, Public Auction or electronic auctioning via the internet after advertisement of public sale for a minimum of 14 calendar days prior to the sale. c. Sell to the highest bidder of a public sale, Public Auction or electronic auctioning via the internet after advertisement of public sale for a minimum of 30 calendar days prior to the sale. ii. Method 2 –Transfer a. Transfer to another state or local agency b. Transfer to a charitable organization (501)(c)(3) and 501(c)(19) or to any other entity operating a program within the City, where such transfer renders a benefit to the City of Meridian and its citizens. iii. Method 3 –Trade in a. Surplus property may be traded in for the acquisitions of the same or similar property L Surplus property may be included as partial payment in bids for the same or similar property. The bid shall include a full description of the property to be traded in and allow time for bidders to examine the property. The bid shall be awarded on the basis of net cost to the City. ii. Accounting principles require the trade in value to be allocated as revenue and the Gross cost of the property will be allocated to the expense account. iv. Method 4 – Recycle a. Recycle if property is not to be sold, transferred or discarded. v. Method 5 -Discard a. If none of the above disposal options are feasible, the City may discard, recycle, or sell for salvage such surplus property. 12 Purchasing Policy — April 2016 c�rE C. EXCEPTIONS 1. Police Canines. Due to the unique nature of police K9 service dogs, the transfer of ownership is exempt from the bid and/or auction requirement. The City Council may approve the removal of a police canine from active duty, and authorize transfer of ownership to a qualified handler, or sale to a qualified law enforcement agency, whichever is appropriate under the circumstances, pursuant to the recommendation of the Chief of Police, following the Resolution Disposal Process. 2. Guns. The Chief of Police may dispose of City -owned guns that are of no further use to the City (or the value of which would be maximized by trade-in for an upgrade) by exchanging the old gun in part payment for a new gun through a dealer holding a valid Federal Firearms License ("FFL"), following the Auction/Bid Disposal Process; or by selling to old gun to a dealer holding a valid FFL, following the Auction/Bid Disposal Process. 3. Computers. Only the Information Technology Division (IT) may dispose of computers. IT shall follow the requirements above for disposal. 4. Cell Phones. Only the Finance Department may dispose of cell phones. The Purchasing Manager may dispose of City -owned cell phones, that are of no further use to the City, through a cell phone recycler. 5. Abandoned Property (I.C. §55-403). Abandoned property shall not be considered surplus City property. It must be disposed of by the method described in the applicable state statute(s). Real Property (I.C. §50-1401- 1408). Real property may only be sold, exchanged or conveyed with the prior approval of City Council. The following requirements apply to the sale (by public auction), exchange or conveyance of real property: • City Council shall declare a the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange or an explanation of an intended exchange or conveyance for other than monetary consideration. The city council may also declare that the subject property will be offered for sale without establishing a minimum price. • The clerk of the city shall publish a summary of the action taken by the city council in the official newspaper of the city. Notice of the public hearing concerning the proposed exchange or conveyance shall be published in the official newspaper of the city at least fourteen (14) days prior to the date of the hearing. 13 Purchasing Policy —April 2016 C�%E zR zAzv� Sale of real property shall be accomplished by public auction preceding a public meeting declaring the dollar value of said real property or stating that the subject property will be offered without establishing a minimum price. Exchange or conveyance of real property shall take place preceding a public meeting stating an explanation of the exchange or conveyance of real property. 14 Purchasing Policy —April 2016 ATTACHMENT "A" Definitions Appeal: An objection to a specification, process, procedure or award. Award: The City's acceptance and approval of a bid or proposal. Bid: A competitive price offer submitted by a prospective vendor in response to a formal or informal invitation issued by the City. Bid Documents - Formal and Semi -Formal: A set of documents, made available to bidders that may include an invitation to bid, instructions to bidders, bid form, general conditions, supplemental general conditions, special provisions, technical specifications, drawings, or other information necessary to adequately convey the characteristics of the item or service being sought. Change Order (CO): A written alteration that is issued to modify a Contract or Purchase Order. A bilateral request that directs the Contractor to make changes to the contracted Scope of Work or Specifications. The modification may include time and/or costs changes. In reference to construction contracts, it relates primarily to changes caused by unanticipated conditions encountered during construction not covered by the drawings, plans, or Specifications of the project. Consultant: A person or firm that possesses unique qualifications that allow them to perform specialized advisory services usually for a fee. Serves in an advisory capacity. Contract: Contract types include, Professional Services Agreements, Master Agreements, Task Orders, Contracted Services Agreements and Purchase Orders. Contracted Services: Janitorial services, landscape services etc. Contractor: An individual or firm who has been awarded a contract to provide goods and/or services to the City. Emergency Purchase: A purchase made without a solicitation to safeguard life, health or property in response to a disaster, public calamity, or other unforeseen situation. Emergency purchases MUST be approved by Council. Idaho Code (I.C.): Legal code of Idaho found in the Idaho State Statutes. (This policy refers to several Idaho Statutes. See Appendix A for a list of all statutes that impact public purchasing). 15 Purchasing Policy —April 2016 C.�VI E IDIS IAN;=� , Notice of Intent to Award: A formal notice sent to the respondents to a bid or RFP stating the low bidder/highest ranked proposer and the City's intent to enter into contract with the successful bidder/proposer. Payment Bond: A financial or contractual instrument, issued by a surety that guarantees that subcontractors and material providers to contractors will be paid for labor and materials expended by the subcontractor. Acceptable forms of payment bonds may include cashier's check, certified check, or a surety bond. Also known as Labor and Materials Bond. Performance Bond: An instrument executed, subsequent to award, by a successful bidder that protects the public entity from loss due to the bidder's inability to complete the contract as agreed. Piggyback: A form of intergovernmental cooperative purchasing in which an entity will extend the pricing and terms of a contract entered into by a separate entity Project Manager (PM): The City employee responsible for a purchasing of goods, services, equipment or a construction project. They are accountable for accomplishing the stated project objectives and have the responsibility of the planning, execution, and closing of a project, including processing of payment requests. Professional Services: Services rendered by members of a recognized profession or a person possessing a special skill. Such Professional Services are generally acquired to obtain information, advice, training, or direct assistance. This includes but is not limited to accounting and auditing, legal, education, engineering, architecture, construction management and research. Proposal: A document submitted by a firm or individual in response to a Request for Proposals (RFP). Proposer: A person or entity who submits a proposal in response to a Request for Proposals (RFP). Public Purchasing: The purchasing or purchasing of an item or a service for a Public Entity using public funds. Public Works Construction: Public works construction includes any or all of the following branches: (i) Heavy construction, which is defined as constructing substantially in its entirety any fixed works and structures (not including "building construction"), without limitation, for any or all of the following divisions of subjects: irrigation, drainage, sanitation, sewage, water power, water supply, reservoirs, flood control, reclamation, inland waterways, 16 Purchasing Policy —April 2016 C.�YI E IDIS IANC . railroads, grade separations, track elevation, elevated highways, hydroelectric developments, aqueducts, transmission lines, duct lines, pipelines, locks, dams, dikes, levees, revetments, channels, channel cutoffs, intakes, drainage, excavation and disposal of earth and rocks, foundations, piers, abutments, retaining walls, viaducts, shafts, tunnels, airports, air bases and airways, and other facilities incidental to the same; (ii) Highway construction, which is defined as all work included in highway construction contracts, including, without limitation, highways, roads, streets, bridges, tunnels, sewer and street grading, street paving, curb setting, surfacing and other facilities incidental to any of the same; (iii) Building construction, which is defined as all work in connection with any structure now built, being built, or hereafter built, for the support, shelter and enclosure of persons, chattels, personal and movable property of any kind, requiring in its construction the use of more than two (2) unrelated building trades or crafts. (iv) Specialty construction, which is defined as any work in connection with any public works construction, requiring special skill and the use of specially skilled trades or crafts. Statute and this policy cover any construction, repair or reconstruction of any public work (including, but not limited to, buildings, pipelines, irrigation, drainage facilities, curbing, and numerous "specialty construction" types of work). See I.C. §54-1901 for further definition and types of work subject to the requirements of this policy. Purchasing: The process of ordering and receiving goods and services. A subset of the wider purchasing process. Purchasing Manager: The professional within the City who is responsible for procuring or approving the acquisition of goods and services needed by the company. A Purchasing Manager oversees the acquisition of materials needed for production, general supplies for offices and facilities, equipment, or construction contracts. Purchase Order (PO): A short form of contract. PO includes goods and services to be purchased, amount and payment terms. Qualified Bidder: A bidder, determined by the Purchasing Division, that a) meets the minimum standards of business competence, reputation, financial ability, and product quality for placement on the bidders List, and/or b) has met the requirements of a solicitation. Request for Proposal (RFP): A method for acquiring services, equipment and supplies that permits the negotiation of all terms, including scope and price, prior to the award. RFP's are typically utilized where the need is known but the solution is not. An RFP describes a problem or need in general terms and seeks a written proposal. RFPs are evaluated and awarded on criteria listed in the solicitation. Price is often one of the evaluation factors, however it is typically not the predominate basis for contract award. 17 Purchasing Policy —April 2016 Ci%E zDR zAzv= Ir�t�lto Request for Qualification (RFQ): A Request for Qualification is a form of solicitation used to obtain statements of qualifications for professional services. The basis for award shall be established in the solicitation. RFQ's may not consider pricing in the evaluation and award of solicitations. Responsive Bidder: A contractor, business entity, or individual who has submitted a bid or proposal that fully conforms in all material respects to the Invitation for Bids (IFB)/Request for Proposals (RFP) and all of its requirements, including all form and substance. Scope of Work/Services: A detailed, written description of the requirements for a procurement contained within an Invitation for Bids or Request for Proposals and/or contract. The scope of work should establish a clear understanding of what the City requires. Specialized Repair: Specialized repair refers to repair of rolling stock (vehicles, trailers and equipment) where the repairs cannot be determined without tearing down the vehicle/equipment. Specification: A precise description of the physical characteristics, quality, or desired outcomes of good or services to be procured, which a supplier must be able to produce or deliver for consideration of award of a contract. Specifications are written not to restrict bidding but to encourage open competition. The goal is to attract maximum reasonable competition. Statement of Work (SOW): Describes the work necessary to complete the required tasks. Used most commonly to procure services. Statutes: The written laws approved by legislatures, also known as legislation. Surety: A pledge or guarantee by an insurance company, bank, individual, or corporation on behalf of the bidder/proposer that protects against default or failure of the contracted bidder/proposer to satisfy the contractual obligations. Surplus Property: Personal property owned by the City that is of no further use to the City, obsolete and/or where the cost of maintenance, transportation, storage, or other costs exceed the economic or useful life of the property. Terms and Conditions: Standard boilerplate language that includes standard clauses and rules that apply to bids and proposals formally solicited that may become incorporated into the final contract. Transparency: In an ethical context, the idea that the more information disclosed about a business, financial, or economic activity, the better. Transparency improves ethical 18 Purchasing Policy —April 2016 conduct. Maximum disclosure is for the betterment of the public and will help to discourage more regulation. Use Tax: A tax imposed on contractors when they install City owned and/or pre - purchased goods, materials or equipment. 19 Purchasing Policy — April 2016 ATTACHMENT "B" Idaho Statutes Regarding Purchasing, Contracting and Purchasing Public Works Contractor Licensure Requirements I.C. §54-1903 (i) Exemptions to Public Works Contractor Licensure I.C. §54-1903 (i) & (k) Filing of Notices and Income Tax Returns -- Payment of Income Taxes by Contractors I.C. §54-1904A Public Works Construction Bidding I.C. §67-2803 (2) & (3) Public Purchasing of Goods and Services Bidding I.C. §67-2803 (2) I.C. §67-2805 (2) & (3) Purchasing By Political Subdivisions I.C. Title 67, Chapter 28 Exemptions to Public Purchasing of Goods and Services Bidding I.C. §67-2803 (1) through (7) I.C. §67-2806 I.C. §67-2808 (1) Joint Purchasing Program I.C. §67-2807 (1) Penalties — Political Subdivisions/Public Officials I.C. §54-1914 (2) I.C. §54-1920 (2) I.C. §59-1026 Penalties — Contractors I.C. §54-1914 (1) I.C. §54-1920 (1) & (3) Prohibitions I.C. §67-5726 20 Purchasing Policy—April 2016 CNE IDR IaN^ Professional Service Contracts with Design Professionals, Construction Managers and Professional Land Surveyors I.C. §67-2320 Disposal of Surplus I.C. Title 50, Chapter 14 Abandoned or Unclaimed Property in Possession of Sheriff or City Police Department -- Sale at Public Auction. I.C. §55-403 Written Plans and Specifications for Work To Be Mande by Officials — Availability I.C. §67-2309 Leases I.C. §50-1409 Related Statutes and Rules Public Works Contractors I.C. Title 54, Chapter 19 IDAHO ADMINISTRATION RULES Idaho Sales and Use Tax Administrative Rules — Contractors 35.01.02.12 STATE OF IDAHO BOARD OF EXAMINERS State Personal Surplus Property Policy and Procedures Policy No. 442-40 21 Purchasing Policy —April 2016 Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: Meridian Development Corporation Meridian Development Corporation Annual Report Presentation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS aAO�o Q o W u o LU ' c af Ez lk O � J^` W ;Lu m 0 cd x 41 ani a 0 a y U A cd w U O w a� 4J 4J U a M CD w c� a 41 U a� 41 0Z Cd U U 0 4J 0 Idlo w c� a NO x cd 04 ,.O cd a O Cd 0 a Cd k F U D H 3 O r-+ O A O w c� a NO 0 w 0 41 3 O A U D 0 4J 0 A w c� a b 4J bQ 0 Cd _41 U D 0 4J 0 A N w c� a U U 0 x Cd b r -i 41 W Cd O It y Q 41 k Cd III 41 41 U H 0 41 0 A d' w c� a U a� d 0 Cd b 1.4x a� k Cd a b Cd 41 a� 41 y U O 4J 0 A v� w c� a U 41 Cd a� H ani b x Cd Q W Cd U F x U 41 U. 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O �, •� O ObA r.w O � U r. .� j +, -4-jc� w co Cd U +� o o o a o o Q O Cd cd O "� U U i` O 0 Ql� cd 92 N U O � N O u � Cd C/) cC +-j 74 � cd will o O U U `* cd O O 0 U cd � Q of 4-4 o � 0 � o a Cd d o � N •O u 0 '14 r b!J Cd � O U --i N CU O � U N Cd U � Cr) CO U O cd � N O CdU 0 Cd c Cd 0 U U O U � � Cd � O N Co O O � � U $� o 0 r. L N co 00 0 O a N It klo c7 00 O Cd U U N Cd 0 Cl) N bA Cd N Q n-4 4J •'y zi I« FM1 Cd ,-j 0 a� Q EideBailly CPAs & BUSINESS ADVISORS December 03, 2015 To the Members of the Board of Commissioners Meridian Development Corporation Meridian, Idaho We have audited the financial statements of Meridian Development Corporation (MDC), a component unit of the City of Meridian, Idaho, for the year ended September 30, 2015. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards and Government Auditing Standards as well as certain information related to the planned scope and timing of our audit. We have communicated such information in our letter to you dated September 14, 2015. Professional standards also require that we communicate to you the following information related to our audit. Significant Audit Findings Qualitative Aspects of Accounting Practices Management is responsible for the selection and use of appropriate accounting policies. The significant accounting policies used by Meridian Development Corporation are described in Note 1 to the financial statements. No new accounting policies were adopted and the application of existing policies was not changed during year 2015. We noted no transactions entered into by Meridian Development Corporation during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because of their significance to the financial statements and because of the possibility that future events affecting them may differ significantly from those expected. The financial statement disclosures are neutral, consistent, and clear. Difficulties Encountered in Performing the Audit We encountered no significant difficulties in dealing with management in performing and completing our audit. Corrected and Uncorrected Misstatements Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are clearly trivial, and communicate them to the appropriate level of management. A passed adjustment was proposed to reverse the prior year passed entry for debt issuance costs of $5,058 www.eidebaillv.com 877 W. Main St., Ste. 800 1 Boise, ID 83702-5858 1 T 208.344.7150 1 F 208.344.7435 EOE Disagreements with Management For purposes of this letter, a disagreement with management is a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during the course of our audit. Management Representations We have requested certain representations from management that are included in the management representation letter dated December 03, 2015. Management Consultations with Other Independent Accountants In some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. If a consultation involves application of an accounting principle to the governmental unit's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such consultations with other accountants. Other Audit Findings or Issues We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the governmental unit's auditors. However, these discussions occurred in the normal course of our professional relationship and our responses were not a condition to our retention. Other Matters We applied certain limited procedures to Management's Discussion and Analysis and Schedule of Revenues, Expenditures, and Changes in Fund Balances — Budget and Actual — General Fund, which are required supplementary information (RSI) that supplements the basic financial statements. Our procedures consisted of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We did not audit the RSI and do not express an opinion or provide any assurance on the RSI. This information is intended solely for the use of the Board of Commissioners and management of Meridian Development Corporation and is not intended to be, and should not be, used by anyone other than these specified parties. Very truly yours, �� :(,� ,/, G7!o Boise, Tdaho 2 Financial Statements September 30, 2015 Meridian Development Corporation www.eidebailly.com Meridian Development Corporation Table of Contents September 30, 2015 IndependentAuditor's Report .................................................................................................................................... 1 Management's Discussion and Analysis.................................................................................................................... 3 Financial Statements Statement of Net Position and Governmental Fund Balance Sheet....................................................................... 9 Statement of Activities and Governmental Fund Statement of Revenues, Expenditures, and Changes in Fund Balances...............................................................................................................................................................10 Notesto Financial Statements.............................................................................................................................. l l Required Supplementary Information Schedule of Revenues, Expenditures, and Changes in Fund Balances — Budget and Actual — General Fund ....18 Notes to Required Supplementary Information...................................................................................................19 Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards....... 20 EideBailly CPAs & BUSINESS ADVISORS Independent Auditor's Report Members of the Board of Commissioners Meridian Development Corporation, a component unit of the City of Meridian, Idaho Meridian, Idaho Report on the Financial Statements We have audited the accompanying financial statements of the governmental activities and general fund of Meridian Development Corporation, (MDC), a component unit of the City of Meridian, Idaho, as of September 30, 2015, and the related statement of activities and governmental fund statement of revenues, expenditures, and changes in fund balances for the year then ended, and the related notes to the financial statements, which collectively comprise MDC's basic financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America•, this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. www.eidebaillv.com 877 W. Main St., Ste. 800 1 Boise, ID 83702-5858 1 T 208.344.7150 1 F 208.344.7435 EOE We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinions. Opinions In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of Meridian Development Corporation, as of September 30, 2015, and the results of its operations for the year then ended in conformity with accounting principles generally accepted in the United States of America. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require that the management's discussion and analysis and budgetary comparison information as listed in the table of contents be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board, who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquiries of management about the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. Other Reporting Required by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued a report dated December 03, 2015 on our consideration of MDC's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts, grant agreements, and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That reports is an integral part of an audit performed in accordance with Government Auditing Standards in considering MDC's internal control over financial reporting and compliance. Boise, Idaho December 03, 2015 2 Meridian Development Corporation Management's Discussion and Analysis September 30, 2015 This section of the Meridian Development Corporation's (MDC or Corporation) annual financial report presents management's discussion and analysis of MDC's financial performance during the year ended September 30, 2015. Please use this information in conjunction with the information furnished in MDC's financial statements. Financial Highlights • Fiscal year 2015 is the twelfth full year that MDC has collected property tax. Property tax is MDC's principal source of revenue. Property tax collections increased by approximately $147,172 or 21.35% from fiscal year 2014 to fiscal year 2015. • The total assets of MDC exceeded its liabilities at September 30, 2015 by $1,392,399. Of the total net position, $736,035 is net investment in capital assets. The remaining net position of $656,364 is restricted to meet the Corporation's on-going obligations. This is an increase of $34,298 from net position of $1,358,101 at September 30, 2014. Overview of the Financial Statements This annual report consists of five parts — management discussion and analysis, the government -wide financial statements, fund financial statements, notes to the financial statements, and required supplementary information. Government - Wide Financial Statements These statements report information about all of the operations of MDC using accounting methods similar to those used by private sector companies. These statements are prepared using the flow of economic resources measurement focus and accrual basis of accounting. The current year's revenues and expenses are recorded as transactions occur rather than when cash is received or paid. The government -wide financial statements are divided into two categories: Statement of Net Position — Reports all of MDC's assets and liabilities with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the entity is improving or deteriorating. Statement of Activities — Reports all of the Corporation's revenues and expenses for the year by function. MDC currently only has one function, the administrative function. Fund Financial Statements The Fund financial statements provide information about an entity's major funds. MDC only has one fund. Funds may be required by law or may be established by the MDC Board of Commissioners. Governmental Funds: Governmental fund financial statements focus on short-term inflows and outflows of spendable resources, an accounting approach known as the flow of current financial resources measurement focus and the modified accrual basis of accounting. Information provided by these statements provides a short-term view of what resources will be available to meet needs. Meridian Development Corporation Management's Discussion and Analysis September 30, 2015 MDC has one governmental fund: General Fund: The general fund is the general operating fund of MDC. Income is derived primarily from property tax. Notes to the Financial Statements The notes provide additional information that is necessary to fully understand the data presented in the government -wide and fund financial statements. Required Supplementary Information This section has information that further explains and supports the information in the financial statements by including a comparison of the Corporation's budget data for the year. FINANCIAL ANALYSIS OF MERIDIAN DEVELOPMENT CORPORATION AS A WHOLE Net Position Net Position measures the difference between what the entity owns (assets) versus what the entity owes (liabilities) and future revenues (deferred inflows). At September 30, 2015, MDC's combined assets exceeded liabilities and deferred inflows by $1,392,399. The following statement is condensed from the Statement of Net Position. Current Assets Capital Assets Total Assets Current Liabilities Long Term Liabilities Total Liabilities Deferred Inflows Total Liabilities and Deferred Inflows Net Position Net Investment in Capital Assets Restricted Total Net Position 2015 2014 $ 1,665,869 $ 1,739,755 1,444,055 1,385,079 3,109,924 3,124,834 134,585 166,495 617,104 715,886 751,689 882,381 965,836 884,352 1,717,525 1,766,733 736,035 582,059 656,364 776,042 $ 1,392,399 $ 1,358,101 51 Meridian Development Corporation Management's Discussion and Analysis September 30, 2015 Changes in Net Position During the year, MDC's financial position increased by $34,298. This compares with the prior year decrease in financial position of $23,747. The following condensed financial information was derived from the government -wide Statement of Activities and shows how MDC's net position changed during the year. General Revenues Property tax Interest Otherrevenues Total General Revenues Program Revenues Total Revenues Expenses Administrative Interest on long-term debt Total Expenses Change in Net Position Net Position Beginning of year End of year 2015 $ 836,533 617 12 837,162 837,162 2014 $ 689,361 752 5,999 696,112 4,327 700,439 773,299 691,092 29,565 33,094 802,864 724,186 34,298 (23,747) 1,358,101 1,381,848 $ 1,392,399 $ 1,358,101 From fiscal year 2014 to fiscal year 2015, the MDC's tax increment financing increased by 22%. Tax increment financing is the tax on the difference between the market value in the base year — the year the urban renewal agency is established — and each subsequent year. FINANCIAL ANALYSIS OF MDC'S FUNDS Governmental Fund Fiscal year 2015 was the twelfth full year that MDC received property tax revenue. During its initial organization years, fiscal year 2002 and fiscal year 2003, MDC received contributions from the City of Meridian. At September 30, 2015 the fund balance was $619,459 as compared to $728,099 at September 30, 2014. Of the fund balance, $4,374 is nonspendable and $615,085 is restricted. Fund balance increased in fiscal year 2015 due to tax revenues being higher than in fiscal year 2014 and due to the tax revenues exceeding normal operating expenditures. Meridian Development Corporation Management's Discussion and Analysis September 30, 2015 Budgetary Highlights There were no amendments made to the original fiscal year 2015 budget. MDC budgeted $170,000 in capital outlay for building improvements. Streetscape costs and other costs were budgeted as capital outlay. Total capital outlay was $131,188. As an end result, actual capital outlay expenditures and operating expenses were under budget. MDC does not have any employees and relies on professional service contracts for the administrator, legal, and marketing, etc. 25% of actual operating expenditures were for professional service contractors. MDC spent 56% of its operating budget. MDC Actual Expenditures - FY15 Compared to FY14 $504,404 .FY15 $454,444 FY14 $444,444 $354,444 $344,444 $250,444 $244,444 $154,444 $100,000 $54,4414— $0 a c OP Iq 04 Qk 10t.01, ryinr o�S� gad r,�e�; ht Aa 'o�r��,i ap;t�I ;61;c /he*4 6 Meridian Development Corporation Management's Discussion and Analysis September 30, 2015 Property tax revenue was budgeted to be $790,000; actual tax collected was $847,571. MDC Tax Increment Revenue $900,000 $800,000 $700,000 $600,000 $500,000 $400,000 $300,000 $200,000 $100,000 $0 FYI Budget FYI Actual FYI 4Actual FYI Actual FYI Actual Capital Asset and Debt Administration Capital Assets At the end of fiscal year 2014, MDC's total capital assets were $1,385,079. At the end of fiscal year 2015, capital assets had increased to $1,444,055, including $845,067 in land, $579,710 in buildings, $100,436 in equipment, $131,188 in building improvements, $180,161 in intangibles and $392,507 in accumulated depreciation. Intangible assets include the Downtown Master Plan, the 3D Modelling, and the MDC website. See Note 5 for further explanation of the changes in capital assets. Long -Term Debt During Fiscal Year 2011, MDC took out a new promissory note with Washington Trust Bank, totaling $1,274,000. The note payable was incurred in order to complete the building to be sold as condominium and office space units. The note matures on March 5, 2022. Proceeds from the sales of the units will be used to repay principal and interest on the note. As of September 30, 2015, the balance on the remaining note was $707,751. See Note 6 for further explanation of the changes in long-term debt. fd Meridian Development Corporation Management's Discussion and Analysis September 30, 2015 Fiscal Year 2015 Budgetary Considerations For fiscal year 2016, MDC will continue downtown rehabilitation efforts by purchasing properties for redevelopment and parking and by participating in a variety of community downtown projects and programs. MDC will partner with the City of Meridian for downtown decorations, help fund public art and the split corridor lighting, and assist businesses with streetscape and fagade improvements. Property tax revenue is expected to be higher than the amount collected in fiscal year 2015. Since its formation in fiscal year 2002, MDC has gone from a $15,000 budget to approximately $1.55 million in fiscal year 2015. Requests for Information This report is designed to provide a general overview of Meridian Development Corporation's finances for our citizens and customers. If you have questions about this report or need additional financial information contact the Finance Office: 800 W. Main Street, Suite 1220, Boise, ID 83702. Phone 208-387-6400. E:l Assets Current Assets Cash and cash equivalents Miscellaneous receivable Property tax receivable Deliquent property taxes receivable Prepaids and other receivables Total current assets Non Current Assets Capital assets, not subject to depreciation and amortization Capital assets, subject to depreciation and amortization Less accumulated depreciation Total assets Liabilities Current Liabilities Accounts payable Note payable - current portion Total current liabilities Noncurrent Liabilities Note payable - less current portion Total liabilities Deferred Inflows Advanced revenues -property taxes Total liabilities and deferred inflows Fund Balance/Net Position Fund Balance Meridian Development Corporation Statement of Net Position and Governmental Fund Balance Sheet September 30, 2015 General Adjustments Statement of Fund Note 2 Net Position $ 659,093 $ - $ 659,093 1,116 - 1,116 965,497 - 965,497 36,905 - 36,905 3,258 - 3,258 1,665,869 - 1,665,869 845,067 845,067 991,495 991,495 - (392,507) (392,507) $ 1,665,869 $ 1,444,055 $ 3,109,924 $ 43,669 43,669 $ 269 90,647 90,916 $ 43,938 90,647 134,585 - 617,104 617,104 43,669 708,020 751,689 1,002,741 (36,905) 965,836 1,046,410 671,115 1,717,525 Nonspendable 4,374 (4,374) - Restricted 615,085 (615,085) - Total fund balance 619,459 (619,459) - Total Liabilities, Deferred Inflows and Fund Balances $ 1,665,869 Net investment in capital assets 736,035 736,035 Restricted 656,364 656,364 Total liabilities, deferred inflows and net position $ 1,444,055 $ 3,109,924 See Notes to Financial Statements 9 Meridian Development Corporation Statement of Activities and Governmental Fund Statement of Revenues, Expenditures, and Changes in Fund Balances Year Ended September 30, 2015 Expenditures Office and operating expense Professional services, surveys, and studies Public education and marketing Debt service Principal Interest Capital outlay Total expenditures General Revenues General property tax revenue Interest earnings Other revenue Total general revenues Excess (Deficiency) of Revenues over Expenditures Net Change in Fund Balances/Net Position Fund Balance/Net Position, Beginning of Year End of Year General Adjustments Statement of Fund Note 3 Activities $ 498,748 $ 72,212 $ 570,960 177,119 - 177,119 24,951 - 24,951 95,269 (95,269) - 29,565 - 29,565 131,188 (130,919) 269 956,840 (153,976) 802,864 847,571 (11,038) 836,533 617 - 617 12 - 12 848,200 (11,038) 837,162 (108,640) 142,938 34,298 (108,640) 142,938 34,298 728,099 1,358,101 $ 619,459 $ 1,392,399 See Notes to Financial Statements 10 Meridian Development Corporation Notes to Financial Statements September 30, 2015 Note 1 - Summary of Significant Accounting Policies The Meridian Development Corporation (MDC) is a separate and distinct legal entity of the City of Meridian (City) created by state statute. The Directors for MDC are appointed by the Mayor and approved by the City Council. MDC provides urban renewal services for the citizens of the City. The financial statements of MDC have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to government units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The more significant of the government's accounting policies are described below. The accounting and reporting policies of MDC relating to the funds included in the accompanying basic financial statements conform to generally accepted accounting principles applicable to state and local governments. Financial Reporting Entity MDC is included as a component unit of the City of Meridian, Idaho's financial statements. MDC provides urban renewal services to the City and its citizens. These statements present only the funds of MDC and are not intended to present the financial position and results of operations of the City of Meridian, Idaho in conformity with generally accepted accounting principles. Government -Wide and Fund Financial Statements The government -wide column of the financial statements (i.e., the statement of net position and the statement of activities) report information on all of the nonfiduciary activities of the primary government. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment are offset by program revenues. Direct expenses are those that are clearly identifiable with a specific function or segment. Program revenues include: 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that are restricted to meeting the operational or capital requirements of a particular function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. MDC is reported as a "Single Purpose Entity". This allows the government -wide financial statements to be combined with the fund -level financial statements. Measurement Focus, Basis of Accounting, and Financial Statement Presentation The government -wide column of the financial statements is reported using the economic resources measurement focus and the accrual basis of accounting. Revenues are recorded when earned and expenses are recorded when a liability is incurred, regardless of the timing of related cash flows. Property taxes are recognized as revenues in the year for which they are levied. Grants and similar items are recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. 11 Meridian Development Corporation Notes to Financial Statements September 30, 2015 The governmental fund column of the financial statements is reported using the current financial resources measurement focus and the modified accrual basis of accounting. Revenues are recognized as soon as they are both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they are collected within 60 days of the end of the current fiscal period. Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, are recorded only when payment is due. MDC reports the following major governmental funds: General Funds - MDC is a general fund. General funds are used for all financial resources except those required to be accounted for in another fund. Capital Assets Capital assets are reported in the government -wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $500 and an estimated useful life in excess of one year. All material fixed assets are valued at cost. Donated fixed assets are valued at their estimated fair value on the date donated. Capital assets are depreciated on the straight-line basis with the half-year convention over useful lives of 3 to 30 years. Property Taxes Receivable Property taxes are recognized as revenue when the amount of taxes levied is measurable, and proceeds are available to finance current period expenditures. Available tax proceeds include property tax receivables expected to be collected within sixty days after year-end. Property taxes attach as liens on properties on January 1, and are levied in September of each year. Tax notices are sent to taxpayers during November, with tax payments scheduled to be collected on or before December 20. Taxpayers may pay all or one half of their tax liability on or before December 20, and if one half of the amount is paid, they may pay the remaining balance by the following June 20. Deferred Inflow of Resources and Advanced Revenue Unavailable revenue is considered a deferred inflow of resources in accordance with the modified accrual basis of accounting for the fund financial statements. Deferred inflows of resources are measurable but do not represent available expendable resources for the fund financial statements for the fiscal year ended September 30, 2015. Since MDC is on a September 30 fiscal year end, property taxes levied during September for the succeeding year's collection are recorded as unavailable revenues at the MDC's year-end and recognized as revenue in the following fiscal year. Ada County bills and collects taxes for MDC. 12 Meridian Development Corporation Notes to Financial Statements September 30, 2015 Risk Management As a component unit of the City of Meridian (City), MDC is exposed to various risks of loss related to theft of, damage to, or destruction of assets. The City, and MDC as a component unit, participates in a public entity risk pool, Idaho Counties Risk Management Pool (ICRMP), for property and liability insurance. The City's and MDC's exposure to loss from its participation in ICRMP is limited to the extent of their deductible only. Fund Balances The governmental fund financial statements present fund balances based on classifications that comprise a hierarchy that is based primarily on the extent to which the MDC is bound to honor constraints on the specific purposes for which amounts in the respective governmental funds can be spent. The classifications used in the governmental fund financial statements are as follows: Nonspendable — includes amounts that cannot be spent because they are either not spendable in form or are legally or contractually required to be maintained intact. All amounts reported as nonspendable at September 30, 2015 by MDC are nonspendable in form. This includes prepaid expenses of $3,258 and miscellaneous receivables of $1,116. MDC has not reported any amounts that are legally or contractually required to be maintained intact. Restricted - This fund balance is constrained for a specific purpose and legally restricted by external parties, such as State or Federal agencies. MDC had $615,085 in restricted fund balance at September 30, 2015. Committed - This fund balance constraint is self-imposed by the Board of Directors. Formal action is required by the Board of Directors to commit funds and must occur prior to year-end; however, the actual dollar amount may be determined in the subsequent period. Assigned - This fund balance is intended for a specific purpose and the authority to "assign" is delegated to the Administrator. Formal action is not necessary to impose, remove or modify an Assigned Fund Balance. Unassigned - This is the remaining fund balance that has no internal or external restrictions. Unassigned amounts are available for any purpose. Although there is generally no set spending plan, there is a need to maintain a certain funding level. The unassigned fund balance is commonly used for emergency expenditures or reserves needed to ensure cash flow. MDC has a policy regarding minimum fund balance for a stabilization arrangement to reserve 8% of the current year budget of tax revenues in order to ensure there is sufficient cash flow to maintain services between property tax receipts. 13 Meridian Development Corporation Notes to Financial Statements September 30, 2015 This Resolution states that it shall be the Policy of MDC that this reserve will be in the unassigned fund balance unless the Administrator designates otherwise. The policy also requires that the restricted, committed, assigned fund balances are to be expended first, followed by the unassigned, unless the Board of Directors approves to do otherwise through the budget process. Note 2 - Explanation of Differences Between the Governmental Funds Balance Sheet and the Statement of Net Position "Total fund balances" in MDC's governmental fund may differ from the "net position" of the governmental activities reported in the Statement of Net Position as a result of the long-term economic focus of the Statements of Net Position versus the current financial resources focus of the governmental fund balance sheet. Some of the property taxes receivable are not available to pay for current period expenditures and, therefore, are not reported in the funds. Capital assets used in governmental activities are not financial resources and, therefore, are not reported in the funds. Long-term debt is not due and payable in the current period and, therefore, is not reported in the funds. All liabilities, both current and long-term, are reported on the statement of net position. Accounts payable on capital outlay is not due and payable in the current period and, therefore, is not reported in the funds. $ 36,905 $ 1,444,055 $ (707,751) $ (269) 14 Meridian Development Corporation Notes to Financial Statements September 30, 2015 Note 3 - Explanation of Differences Between Governmental Fund Operating Statements and the Statement of Activities The "net change in fund balances" for governmental funds may differ from the "change in net position" for governmental activities reported in the Statement of Activities as a result of the long-term economic focus of the Statement of Activities versus the current financial resource focus of the governmental funds. Some property tax revenue in the Statement of Activities that does not provide current financial resources is not reported as revenue in the funds. $ (11,038) Governmental funds report capital outlay as expenditures. However, in the Statement of Activities, the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlay ($131,188) exceeded depreciation ($52,056) in the current period. $ 79,132 Repayment of long-term debt expenditures are reported in the governmental funds, but the repayment reduces long-term debt in the Statement of Net Position. $ 95,269 Loss on sales and disposals of assets are not reported in governmental funds. In the Statement of Activities, however, these losses are shown as a reduction of net income. $ (20,156) Accounts payable for capital outlay is not reported in the governmental funds. $ (269) Note 4 - Deposits —Custodial Credit Risk Cash and Cash Equivalents As of September 30, 2015, the carrying amount and account balance of the checking account was $144,086 and $152,894, respectively. As of September 30, 2015, the carrying amount and account balance of the money market account was $515,007. $417,901 was uninsured and uncollateralized as of September 30, 2015. Cash is held in the custody of Washington Trust Bank in MDC's name. 15 Meridian Development Corporation Notes to Financial Statements September 30, 2015 Note 5 - Capital Assets Changes to capital assets are as follows: Governmental activities capital assets, net $ 1,385,079 $ 79,132 $ (20,156) $ - $ 1,444,055 16 Balance Balance Oct. 1, Sept. 30, 2014 Additions Deletions Transfers 2015 Governmental Activities Capital assets, not depreciated Land $ 845,067 $ - $ - $ - $ 845,067 Total capital assets, not depreciated 845,067 - - - 845,067 Capital assets, depreciated Buildings 579,710 - - - 579,710 Equipment 105,495 - (5,059) - 100,436 Building Improvements 18,981 131,188 (18,981) - 131,188 Intangibles 180,161 - - - 180,161 Total capital assets, depreciated 884,347 131,188 (24,040) - 991,495 Less accumulated depreciation Buildings (100,051) (21,810) 632 - (121,229) Equipment (80,580) (13,790) 3,252 - (91,118) Intangibles (163,704) (16,456) - - (180,160) Total accumulated (344,335) (52,056) 3,884 - (392,507) depreciation Total net capital assets, depreciated 540,012 79,132 (20,156) - 598,988 Governmental activities capital assets, net $ 1,385,079 $ 79,132 $ (20,156) $ - $ 1,444,055 16 Meridian Development Corporation Notes to Financial Statements September 30, 2015 Note 6 - Changes in Long -Term Debt MDC has a promissory note for $1,274,000 that matures on March 5, 2022 with a fixed interest rate of 3.89% collateralized by real property. The following is a summary of changes in debt of MDC for the year ended September 30, 2015. Balance Balance Oct. 1, Sept. 30, 2014 Debt Issued Debt Retired 2015 Governmental Activities Note Payable - Building $ 803,020 $ - $ (95,269) $ 707,751 Governmental activities liabilities $ 803,020 $ - $ (95,269) $ 707,751 Maturities of the note payable are as follows for the years ended September 30: Note 7 - Related Party Transactions MDC partners with the City of Meridian for various downtown improvements. During the fiscal year, MDC reimbursed the City of Meridian for cost related to joint projects. Note 8 - Line of Credit MDC extended a revolving line of credit with Washington Trust Bank that provides for available borrowings up to $100,000. The agreement matures on July 30, 2016 and is unsecured. Borrowings under the line of credit bear variable interest rates at 3.25% per annum. There were no amounts outstanding on the line as of September 30, 2015. Borrowings under the line of credit are subject to certain covenants and restrictions on indebtedness and dividend payments. 17 Principal Interest Total 2016 $ 90,649 $ 23,781 $ 114,430 2017 102,638 22,192 124,830 2018 106,703 18,127 124,830 2019 110,928 13,901 124,829 2020 115,321 9,809 125,130 2021-2022 181,512 19,245 200,757 Totals $ 707,751 $ 107,055 $ 814,806 Note 7 - Related Party Transactions MDC partners with the City of Meridian for various downtown improvements. During the fiscal year, MDC reimbursed the City of Meridian for cost related to joint projects. Note 8 - Line of Credit MDC extended a revolving line of credit with Washington Trust Bank that provides for available borrowings up to $100,000. The agreement matures on July 30, 2016 and is unsecured. Borrowings under the line of credit bear variable interest rates at 3.25% per annum. There were no amounts outstanding on the line as of September 30, 2015. Borrowings under the line of credit are subject to certain covenants and restrictions on indebtedness and dividend payments. 17 Required Supplementary Information September 30, 2015 Meridian Development Corporation www.eidebailly.com Meridian Development Corporation Schedule of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual - General Fund Year Ended September 30, 2015 Budgeted Amounts Original Final Revenues Actual Amounts Variance With Final Budget General property tax revenue $ 790,000 $ 790,000 $ 847,571 $ 57,571 Interest earnings 725 725 617 (108) Other revenue 102,524 102,524 12 (102,512) Total revenues 893,249 893,249 848,200 (45,049) Expenditures Office and operating expense Professional services, surveys, studies Public education and marketing Debt service Principal Interest Capital outlay Total expenditures Net Change in Fund Balances Fund Balance, Beginning of Year End of Year 1,049,588 1,049,588 498,748 550,840 196,100 196,100 177,119 18,981 13,215 13,215 24,951 (11,736) 94,968 94,968 95,269 (301) 29,862 29,862 29,565 297 170,000 170,000 131,188 38,812 1,553,733 1,553,733 956,840 596,893 (660,484) (660,484) (108,640) 551,844 419,034 419,034 728,099 309,065 $ (241,450) $ (241,450) $ 619,459 $ 860,909 See Notes to Required Supplementary Information 18 Meridian Development Corporation Notes to Required Supplementary Information September 30, 2015 Budgets and Budgetary Accounting MDC follows these procedures in establishing the budgetary data reflected in the financial statements: Prior to September 1, the members of the Board of Commissioners and the contract administrator prepare a proposed operating budget for the fiscal year commencing on October 1. The operating budget includes proposed expenditures and the means of financing them. Public hearings are conducted at City Hall to obtain taxpayer comments. Prior to October 1, the budget is legally enacted through passage of an ordinance. Budgets are adopted on a basis consistent with generally accepted accounting principles (GAAP) for the general fund. All annual appropriations lapse at fiscal year-end. Revisions that alter the total expenditure appropriation of any fund must be approved by the Board of Commissioners. State law does not allow fund expenditures to exceed fund appropriations. Formal budgetary integration is employed as a management control device during the year. 19 EideBailly CPAs & BUSINESS ADVISORS Independent Auditor's Report on Internal Control over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standard Members of the Board of Commissioners Meridian Development Corporation, a component unit of the City of Meridian, Idaho Meridian, Idaho We have audited, in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, the financial statements of the governmental activities, and the major fund of Meridian Development Corporation (MDC), a component unit of the City of Meridian, Idaho as of and for the year ended September 30, 2015, and the related notes to the financial statements, which collectively comprise Meridian Development Corporation's basic financial statements, and have issued our report thereon dated December 03, 2015. Internal Control over Financial Reporting In planning and performing our audit of the financial statements, we considered Meridian Development Corporation's internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinions on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of Meridian Development Corporation's internal control. Accordingly, we do not express an opinion on the effectiveness of Meridian Development Corporation's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control, such that there is a reasonable possibility that a material misstatement of the entity's financial statements will not be prevented, or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control over financial reporting that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. www.eidebaillv.com 877 W. Main St., Ste. 800 1 Boise, ID 83702-5858 1 T 208.344.7150 1 F 208.344.7435 EOE 20 Compliance and Other Matters As part of obtaining reasonable assurance about whether Meridian Development Corporation's financial statements are free from material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. Purpose of this Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the entity's internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. �Z Boise, Idaho December 03, 2015 21 Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: Bonnie Zahn Griffith Mayor's Office: Resolution No. 1(o - : A Resolution Of The Mayor And The City Council Of The City Of Meridian, Appointing Bonnie Zahn Griffith To Seat 4 Of The Meridian Arts Commission; And Providing An Effective Date MEETING NOTES APO a� r Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I (o o 11 � BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, APPOINTING BONNIE ZAHN GRIFFITH TO SEAT 4 OF THE MERIDIAN ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code § 2-1-1 establishes the Meridian Arts Commission, its members and terms of their appointments; and WHEREAS, Seat 4 of the Meridian Arts Commission is currently vacant; and WHEREAS, the City Council of the City of Meridian deems the appointment Bonnie Zahn Griffiths to Seat 4 of the Meridian Arts Commission to be in the best interest of the Meridian Arts Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That pursuant to Meridian City Code § 2-1-1, Bonnie Zahn Griffith is hereby appointed to Seat 4 of the Meridian Arts Commission, for a term to expire February 28, 2019, Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this _ day of April, 2016. APPROVED by the Mayor of the City of Meridian, Idaho, this day of April, 2016. ATTEST: LM Jacy J APPROVED: p�o�,ATaonUQ&sr ayor Tam the Weerd City Of — E IDIAN- IDAHO Ci � SEAL � �Cy y... �F9 <the 7AENOV. VP RESOLUTION FOR APPOINTMENT OF BONNIE ZAHN GRIFFITHS TO MERIDIAN ARTS COMMISSION Application to be Considered for City -Appointed t 1 Positions Position Applying for: 0 Parks & Recreation Commission 0 Planning & Zoning Commission gMeridian Arts Commission 0 Historical Preservation Commission 0 Transportation Commission 0 Impact Fee Committee 0 Solid Waste Advisory Commission 0 General Volunteer Position on Special Projects or Events as Needed (appointmentt not required) Home Address: ^3012 N. �hngtr Meriddian. 836"46 Telephone: 509-301-1188 E -Mail. Address: b7orriff 3@gn1a.11.r_nm Occupation: Self employee artist Are you a resident of the City of Meridian? 9 Yes 0 No If not, do you live in Meridian's area of impact? 0 Yes 0 No Why do you want to become involved? I like to be part of a community that recognizes the arts as an important part of life and believes in offering a variety of events to persons of all ages, I fee e pa the - loc�l culture. Do you participate in any local service clubs or other organizations? (P Yes 0 No If so, please list: I participate in the cathedral of the Rockies art program as an instructor on an as needed basis, What areas of city government are of most interest to you? The Arts Commission Have you participated in any level of volunteer government service in the past? I Yes 0 No if so, please list: Leadership Miles City, Board of Carnegie Art Center, WallaWalla, ArtWalla board member, Exec.Dir. WaterWorks Art Museum Do you understand the time commitment required to attend meetings and review/research data to make recommendations? M Yes C3 No Signature Date March 9, 2016 Please return your completed application, resume, and letter of interest to: City Clerk's Office, City of Meridian, 33 E, Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 888-4218 Letter of intent - Meridian Arts Commission Good day, I am applying for the board position on the Meridian Arts Council. am a professional artist who works in a variety of visual art media including oils, pastels and encaustics. I moved to Meridian nearly two years ago after living in eastern MT where I was the Executive Director of a nonprofit museum and art center with an extensive outreach program in the rural schools of 9 eastern MT counties, an active guest exhibit gallery and large permanent collection. Prior to that I lived in Walla Walla, WA where I served on a variety of boards including ArtWalla, the Carnegie Art Center, Campfire. I served 2 year terms as Vice President and subsequently president of the Northwest Pastel Society, one of the largest artist organizations of pastelists in the US. I currently am a working artist who participates in numerous plein air events throughout the western US and sxhibits in galleries in ID, MT, WA, and OR. This gives me the opportunity to understand how art events are organized and realize challenges faced. Last year I was selected the Artist in Residence for the Grand Staircase Escalante National Monument UT where I Norked closely with the BLM with the involvement of a large multifaceted art festival while oainting on location throughout the Monument. recognize the importance of art in our lives, promotion of education in the arts and being part of a community that embraces the need for art events in visual and performing genres. would be happy to serve on the commission and would hope that my past experiences anc ,urrent involvement in art organizations would be an asset to the board. 3est regards, Bonn'- -Griffith�� Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Finance Department Strategic Update MEETING NOTES --C —0aC�, LAj 0 `j e -._- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 8B ITEM TITLE: Speed of Trust Update PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 12, 2016 ITEM TITLE: Information Services: ITEM NUMBER: PROJECT NUMBER: Information Services: Discussion of City Council Chambers Technology Replacement MEETING NOTES o,_(L 1; -A,0- L—� 3 c u rex C�oc:te- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: $D PROJECT NUMBER: ITEM TITLE: Information Services: Information Services: Budget Amendment for Agenda Manager Replacement Software Purchase for the Not -to -Exceed Amount of $18,950.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 1t o uo W O W Q W 0) _0 0 /W f - (D T— C) N W L c C °1 U s LU � � c C� E O GQ_ L 0 LL (L)` 0 0 d � Q N � O p a V o co m 0 -moo C) N C: N j.y 7 LL 0 L a N U DE p W bA O :3 PI LL O 00 .10 O1 d Q. 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Eo 3 m o v n-° Y c CL Yo m ) a) c a 0 -Zi '� aa, 0) c m m c t 3 m c 0 o t L L O :3 bD m m '6 L c a) Qj Y - O > 0 V L0 Q •�' a) Lj LL p- 0' +� c m c u > Q m i 3 = c — aJ L a) L 3 �c v y v m m v m L^ 0 Q) y + N a) >> L a) o m u vl(D v m 0 o E m� E a) i o o C) cl 0 3 () a) N m a) m N M � t/} a N ON O cr aU w a 3 T Q m V-4 0 CL CLQ U C O O Gi cr aU w a 3 T Q r ovuAGENDA ...PROVEN ExecutiveSummary................................................................................................................................................ 3 ProvenSolution................................................................................................................................................... 3 Installation............................................................................................................................................................... 4 DeploymentServices.............................................................................................................................................. 4 90 day Pilot Program.............................................................................................................................................. 5 Pricing..................................................................................................................................................................... 6 NovusAGENDASoftware Pricing..................................................................................................................... 6 NovusAGENDATraining Pricing...................................................................................................................... 7 OptionalTraining Services................................................................................................................................................................ 8 Pricing Summary for NovusAGENDA............................................................................................................... 8 Document management system integration.......................................................................................................................................9 Video Streaming Services Considerations.......................................................................................................... 9 PROPOSAL TERMS AND CONDITIONS......................................................................................................... 10 Limitationof Liability....................................................................................................................................... 10 Ownershipof Data............................................................................................................................................ 10 terms.................................................................................................................................................................. 10 AlternatePayment Terms................................................................................................................................ 10 Insurance........................................................................................................................................................... 10 Otherterms........................................................................................................................................................ 11 Howdo I order?.................................................................................................................................................... 11 ApprovalPage....................................................................................................................................................... 12 Page 2 of 12 �— NovusAGENDA ...PROVEN NovusAGENDA is a proven electronic solution designed to create, approve and track items for upcoming and past board meetings. Whether your organization is adding an agenda item, like the approval for a new employee benefit offering or the construction of a baseball field, NovusAGENDA will provide the controlled, well -organized systematic solution to truly make your organization paperless. With the NovusAGENDA foundation in place internally, your board members and public can now access the information they need on demand at any time from any device! PROVEN SOLUTION Proven Experience - NovusAGENDA has been serving hundreds of public sector clients for over 14 years with the same stable ownership. Our team can offer you great insight in rolling out meeting automation. Expertise is the key to success and no one has more experience than NovusAGENDA. Proven Results - our free 90 day pilot program allows you to try NovusAGENDA before you buy it. Even though we are confident NovusAGENDA will meet your needs, isn't it nice to know we are happy to let you try it first, just to be sure? Proven Technology - NovusAGENDA is built on Microsoft technology that is stable, reliable and widely used today by all sectors. Our platform remains 100% web based as it always has been. Our Cloud hosting rests on the Amazon Web Service backbone which is the most reliable platform available in the industry today. Proven Features - NovusAGENDA has all the key functionality you need to automate your meeting process. We add features based on client feedback not based on whether it looks good on a slick marketing campaign. All the features in NovusAGENDA are proven to add value for our clients without adding unnecessary costs or complexity. Proven Support - Our highly acclaimed support team is well trained and experienced in handling legislative management issues and to respond quickly and politely. You will never be looked down upon by some grumpy geek when you talk to our support team. They will listen and respond ...period. Proven Future — Technology changes quickly. Another great flexible feature is that any device is supported. As nice as the state of the art devices are such as the iPad, Galaxy Tab or Microsoft Surface there is no guarantee these devices will still be state of the art five years from now. Taking advantage of NovusAGENDA's browser -based, cloud -based platform will enable you to take advantage of the "latest and greatest" right now without risking obsolescence in a few short years. NovusAGENDA is Proven. Tools for the board member include: • Logging in through a secure username and password on any device (i.e., iPads, PC, MAC, etc)! • Viewing agendas and all materials well before the meeting • Viewing specific items along with support material including Closed Session items • Making secure personal private comments on any item for their own purposes • Researching past Agenda, Minutes and Personal Private Comments. • Real time analytics on spending patterns and goal tracking • Unique Dashboard designed to speed meeting preparation 1'age 3 of 12 eovuAGENDA ...PROVEN NovusAGENDA has all the tools to automate the creation of your minutes, track and record voting, motions, and much more, such as video streaming indexed for you and your public. NovusAGENDA's unique reporting module empowers your administrators with the data from your meetings to make data -driven decisions for the organization and track your progress along the way. Novusolutions award winning staff brings over 15 years of experience working with hundreds of government NovusAGENDA clients across the country. Our support team will be an extension to your organization to offload all software management, training, and support, so you can focus on providing the public and board the transparency they demand. NovusAGENDA is the one comprehensive solution to make paperless meetings easy! Our Cloud Computing partner is Amazon Cloud based Web Services, http://aws.amazon.com/. They offer world class cloud computing solutions with full 24 X 7 backup and reliable infrastructure designed for today's complex computing challenges. Amazon Hosting NovusAGENDA Application runs on EC2 servers. http://aws.amazon.com/ec2/ Backups are run daily and stored on Amazon S3 littp:Haws.amazon.com/s3/ This option allows you to outsource the hosting of the software to Novusolutions. This is by far the most popular option in today's environment. Self Hosting is available if needed. Contact us for more information. Standard services are required for deployment and included in the pricing and support. Included Standard Deployment Services Configured Item Details This screen is configured to add fields to our standard from required by your organization. This form is used to create items and can vary based on meeting type. You can have one item details page for planning and another for council meetings. Page 4 of 12 NovusAGENDA ...PROVEN Configured Public Agendas The public agenda is configured to mimic your current layouts. Agenda layout can vary based on meeting type. Configured Minutes Page Set The page set includes draft and final minutes layout. Minutes layout can vary based on meeting type. Custom Workflows Workflows can be pre -configured allowing users to simply submit items to named workflows which are then built for them automatically. Workflows can vary based on meeting type. Solution Overview This session is with key staff including Board Clerk, IT staff assigned to support the software and key Board Clerk staff. The session involves a complete system overview and workflow building session. This session is delivered prior to any other training so key staff are very familiar with the solution and the workflows are correct prior to staff training. PDF converter Attachments and agenda packets are converted to one single PDF file. PDF layout mimics the lay out of the minutes and agenda for that meeting type. We can also add page stamping to the PDF automatically. Video Services Do you already video record your meetings? If so, NovusAGENDA will offer you two meetings per month to be uploaded and streamed to the public off our servers at no additional cost. You take your existing video and simply upload it to our servers. Once it is converted, you can link clients to that video stream off your meeting. If you are looking for indexing or are starting from scratch and would like to record your meetings, please see our Video Service Considerations Section. Novusolutions has agreed to offer you a 90 day pilot program of NovusAGENDA to confirm the cost and efficiency savings. Novusolutions is confident that NovusAGENDA will exceed expectations, eliminate paper, and improve the business process of agenda creation and meeting management. There will be no cost for the 90 day duration of this pilot. Page IS of 1.2 -- Nov"AGENDA ...PROVEN Upon successful implementation of the pilot, you will then agree to continue using NovusAGENDA for the Pricing outlined below. However unlikely, if NovusAGENDA does not satisfy your needs, then no commitment is required and the service will be turned off. The Approval Page of this document will need to be signed prior to beginning this agreement. This will allow Novusolutions to dedicate the resources to begin the project. • You provide us copies of Agenda, minutes and departments with staff listings within 5 days of project start. In addition we can discuss your item review process as well in that first 5 days. • We will fully deploy, train and test NovusAGENDA within 20 days of receiving your information. • The Pilot will last a total of 90 days from project start to allow full testing of the software. • Pilot program covers one meeting body but you can add others once you agree to move forward. The purpose of the pilot program is to give you time to take a good look at NovusAGENDA and the features we offer to see the great value NovusAGENDA offers. While you may or may not be fully rolled out in 90 days, you will have time to do your needed evaluation. Why would you not be fully rolled out in 90 days? We have found that different organizations move at different paces. Some move very quickly and others take a bit more time. We will work with you to make sure the rollout moves at your pace to meet your needs. If needed we will work with you to get your evaluation done in the 90 day pilot window and then continue to work with you after the 90 days to complete any unfinished business. All pricing includes an unlimited use license enabling support for as many meeting types as you need at no added license costs. NOVUSAGENDA SOFTWARE PRICING Item Pricing (Annually) NovusAGENDA $7,950 Minutes Module Included Board Portal Included Page 6 of 12 x-7-7 IVU AGENDA ...PROVEN Reporting Included Board and Committee Included Management (Term Tracking) administrators on managing user rights in Video Integration with Video Included service provided by web meeting technology managed by Novusolutions. NovusAGENDA if you choose to Training including meeting management, agenda use our separately priced video preparation, minutes and system oversight. Delivered streaming services. remotely using web meeting. Optional Video Services See Video Services Considerations Total Annual Cost $7,950 Optional In Meeting Tools Addi�io al $600 a nually (Voting, etc.) NOVUSAGENDA TRAINING PRICING` Standard training services are required for deployment. Standard Remote Training Services Description Administrator Training This is remote training to train one or two system administrators on managing user rights in NovusAGENDA. This class is delivered remotely using web meeting technology managed by Novusolutions. Board Clerk Training Training including meeting management, agenda preparation, minutes and system oversight. Delivered remotely using web meeting. User Training Training includes creating items, copying old items to new meeting and item submission and approval process. Pate 7 of 12 "R-177 _' ovAGENDA ...PROVEN OPTIONAL TRAINING SERVICES Additional remote training — Included for new releases and refresher training. If retraining is needed due to turnover or other issues we also include a Web -Based Training Portal and regularly scheduled Client Webinars. Optional Onsite training - $2,450 per day includes travel, 2 -day minimum. PRICING SUMMARY FOR NOVUSAGENDA r One Time Fee Annual Fee T07�IZ, NovusAGENDA $1500 for Remote Training Add Oti Options: In Meeting Tools (Electronic Voting, Request to Speak, In Meeting Public i l Display, Item highlight for Page 8 of 12 $600 Delivered remotely using web meeting. Board Training Training includes viewing agendas, minutes, and all documentation for upcoming meetings, making private notes, researching past meeting information and notes, and analyzing reports and meeting data. Voting can be added if the voting module is in place. Web Based Training Web -based training videos for all staff to view on demand via Internet. Videos include: • User training • Board Clerk Training • Board Training • Admin Training Total One Time Cost OPTIONAL TRAINING SERVICES Additional remote training — Included for new releases and refresher training. If retraining is needed due to turnover or other issues we also include a Web -Based Training Portal and regularly scheduled Client Webinars. Optional Onsite training - $2,450 per day includes travel, 2 -day minimum. PRICING SUMMARY FOR NOVUSAGENDA r One Time Fee Annual Fee T07�IZ, NovusAGENDA $1500 for Remote Training Add Oti Options: In Meeting Tools (Electronic Voting, Request to Speak, In Meeting Public i l Display, Item highlight for Page 8 of 12 $600 board) Onsite Installation (Only needed if Active Directory Integration is required) NovusAGENDA —PROVEN Onsitefi rainin j(Not 2,450 ppy d4y inb uding travel 2 day utred as unlim' ed re . ote� w Mim urri: training options included) — TC)TIL IN,"i EST111E1t'T $9,4 I E,4R I NovusAGENDA Including: 7 ® Remote Training Annual fees can be raised once each year to a rate not to exceed 4% per year. 50 DOCUMENT MANAGEMENT SYSTEM INTEGRATION Document Management integration is an optional feature that can be $600/Yea added at any time. This feature utilizes a shared watch folder as an end j point where NovusAGENDA will export files for import to your Document Repository. Your local Document Management Administrator will establish an import routine to capture files from the watch folder and bring them into your repository using import features available in your document management system. There are several different export/import options and you can get details on these from your NovusAGENDA sales representative. i Payment Terms — Payment is due at the end of the successful pilot term. You will be invoiced at the end of the 90 day successful pilot. VIDEO STREAMING SERVICES CONSIDERATIONS Page 9 of 12 NovusAGENDA ...PROVEN Many government agencies already have video and or audio streaming services in place. NovusAGENDA's flexibility allows for integration with most of these systems. However, NovusAGENDA also offers a variety of audio and streaming solution packages that allow for Live Streaming and Indexing as part of the overall solution. Contact your sales person today for pricing and to strategize on the best value and approach for optimizing your transparency goals. LIMITATION OF LIABILITY IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER UNDER THIS LICENSE AGREEMENT FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES, LOSS OF DATA, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION ARISING OUT OF THE USE OF OR INABILITY TO USE THE NOVUSAGENDA SOFTWARE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE MAXIMUM LIABILITY UNDER THIS AGREEMENT IS THE TOTAL VALUE OF THE ANNUAL CONTRACT. OWNERSHIP OF DATA The client owns all data stored in their NovusAGENDA database from the instant you touch the keyboard. In the event the client terminates service or NovusAGENDA ceases business operations the data will be sent to your organization along with database schema to make the data accessible. All data is stored in an MSSQL database and also can be accessible on demand anytime by using the included NovusAGENDA Reporting Module. TERMS If a price increase is needed for any reason, the client will be notified more than a budget year in advance of the increase and would be no more than the 4% stated in our pricing section. Services are billed annually. All invoices are due within 30 days of issue date. ALTERNATE PAYMENT TERMS If monthly billing is attractive to the client, there will be no charge if a credit or procurement card is used. Automatic electronic drafts or deposits are also fine. If traditional invoices and collections need to be instituted, a 5% fee will be added to cover this expense. INSURANCE Novusolutions carries full insurance and can offer certificate of insurance with your organization named on it at no cost. If your organization requires further insurance endorsements added costs may be charged to cover the cost of those documents because carriers charge added fees for those services. The COI we provide will cover General, Automotive, Umbrella and Technology Errors & Omissions & Privacy Security Liability plus Workers Compensation coverage. Page 10 of 12 <47151C777---_., NovusAGENDA ...PROVEN OTHER TERMS NovusAGENDA is offered with a free pilot program so additional performance bonds or other such instruments are not needed to insure successful delivery. No payments are required until clients complete the pilot cycle. NovusAGENDA carries commercial general liability insurance of $1,000,000 that should be more than enough to cover risk for this SaaS solution. The cost for any additional insurance or bonds required by a client will be passed onto the client. All data is backed up in our Amazon cloud daily and kept in redundant locations. If clients require copies of data backups these can be provided quarterly at an additional fee. Contact NovusAGENDA sales team for costs. We require your signature on the approval page listed below. Once that has been signed and sent back to Novusolutions we will assign your project manager. If you choose to issue a purchase order you may attach it to these documents or send it in under separate cover. You can email to sales(&novusolutions.com or: Mail to: Novusolutions, 3820 Northdale, Suite 205A, Tampa, Florida 33624 Fax to: 954-337-0761 Attn: Sales Page 11 of 12 -- NovusAGENDA ...PROVEN Meridian City hereby agrees to proceed with the project, initiating with the Pilot project described above and, following a successful Pilot cloud implementation, will move forward with NovusAGENDA. If the pilot is not successful, there is no cost or obligation. In order to proceed with the Pilot implementation, this Authorization must be signed, which will initiate assignment of personnel to begin the Pilot project. After the successful pilot, please choose which option you will prefer to deploy (not binding as you can change your mind). The 90 day pilot begins when first contact is made between you the client and our project management team. OPTIONAL COMPONENTS: Please check any options to be included. ❑ NovusAGENDA in Meeting Tools (Voting, request to speak, etc.) ❑ NovusAGENDA Video (Hardware may need to be purchased based on Package chosen) The Pilot duration will be 90 days and will include the deployment, training, consultation and test meetings. At the end of 90 days you will be invoiced for the cost listed above and then decide if you want to proceed. 1 Signature Date Printed Signature Purchase Order Number Accounts payable contact: Phone E-mail Title Project Manager contact: Phone E-mail Title (optional) Mage 12 of 12 Meeting Management Solution Video Streaming Services Prepared For Meridian City Date 2-22-16 Ui Released in the next 90 Days CL NOvUX�'-:� t OII, s 3820 Northdale Blvd. Suite 205A Tampa, FL 33624 John Kercher jkercher@novusolutions.com 800-274-5624 Ext 702 Video Streaming NovusAGENDA must be in use to leverage the following Video Streaming service. NovusAGENDA video services use the Amazon Wowza Streaming capabilities as a foundation to deliver video and audio to any devices. Our streaming services supports both Standard and High Definition broadcast and streaming. Video Services include full integration with NovusAGENDA so the public can enjoy a seamless presentation of your Agenda, Minutes and Video. Video links to items will be presented on both your Agenda and Minutes which means the public will see the links regardless of which publication they view. The service includes a live stream of your meetings as well as archived delivery of indexed meetings fully integrated with NovusAGENDA. Users access the archived meetings via the NovusAGENDA public search page for meetings. Video files are stored on our servers in mp4 format (H.265 w/ mp3 audio IIFC). The MOV ATOM is stored at the end of the saved video to support progressive downloads and speed delivery. Video Streaming Hardware Considerations If you have a Tricaster system or similar device in place there is no hardware needed. If not an encoder must be installed to support the live stream. We require a video stream that is using the RTMP or RTSP protocol to carry an encoded H.264 video stream to our system (Wowza). We will provide you with the URL to our server (eg: "RTMP://publish.Novusolutions.com/liveAgenda") and the unique name of your stream (eg: "YourCityName"). If you do not have this capability in place we can suggest an encoder for you to purchase that will deliver this stream to our servers. These systems will require a small PC or laptop to run software. They do not require a high end server. A basic laptop is more than adequate to run the encoder software options below. Free option: Adobe Flash Live Media Encoder (free) Low Cost Option: Telestream WireCast ($500) Retention NovusAGENDA video services will retain access to your videos for 5 years at no additional cost. A small annual fee can be added for retention beyond that. Video Streaming Annual Service Video stream of meetings/events with unlimited on demand storage and indexing tools. • Events are viewed via your agenda and or minutes so any event you stream must be a meeting type in NovusAGENDA with a published agenda. • You do your own indexing "live" in the meeting. • Index points can be edited post meeting as needed at any time. • Up to 150 meetings per year. Contact us for pricing on more meetings. • Fully integrated with your agenda and minutes. • Video and Audio Stream delivered from our Amazon Wowza Servers to any modern device. • If you are streaming High Definition Video add 20% to the annual fee to cover additional storage requirements. Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: $E PROJECT NUMBER: CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS C) `G O w TI N 8 (D O. 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MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Dean Stacey/PM Date: April 7, 2016 Ike: April 12'' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 12th City Council under Public Works Department Report for Council's consideration. Approval of Award of Bid and Agreement to CHALLENGER COMPANIES for the "WELL 27 TREATMENT FACILITY - CONSTRUCTION" project for a Not -To -Exceed amount of $733,182.54. Recommended Council Action: Award of Bid and Approval of Agreement to CHALLENGER COMPANIES for the Not -To -Exceed amount of $733,182.54. Thank you for your consideration. 0 Page 1 CONTRACT / AGENDA CHECKLIST Date: 3/24/2016 REQUESTING DEPARTMENT PUBLIC WORKS Project Name: WELL 27 TREATMENT FACILITY Project Manager: Dean Stacey Contractor/Consultant/Design Engineer: Contract Amount: $733,182.54 Department Representative: Keller Associates - CHALLENGER COMPANIES N/A Is this a change order? Yes ❑ No D Change Order No. N/A AWARD INFORMATION )ate Submitted to Clerk for Agenda: April 7, 2016 Approval I By: 'urchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) JTP Date: Contract Request Ch ecklist.3.15.16.Final Budget Information Contract Type Fund: 60 Budget Available (Attach Report): Department 3490 Yes ❑ No 0 Construction El GL Account 96158 FY Budget: Task Order ❑ Project Number: 10492 Enhancement: Yes ❑ No El Professional Service ❑ Will the project cross fiscal years? Yes F/I No ❑ Equipment ❑ Grant #: N/A Type of Grant N/A Debarment Status (Grant/Federal Funded Projects Only) N/A www.sam.goV (Type in date verified and the status BASIS OF AWARD BID RFP / RFQ TASK ORDER Low Bidder X Highest Rated Master Agreement Category (Bid Results Attached) Yes ❑✓. No ❑ (Ratings Attached) Yes ❑ No ❑ Date MSA Roster Approved: Typical Award Yes ❑ No If no please state circumstances and conclusion: There is a budget shortage. Public Works will bring a Budget Amendment to Council immediately preceding this contract on the agenda. Date Award Posted: 3/8/2016 7 day protest period: March 15, 2016 CONTRACTOR / CONSULTANT REQUIRED INFORMATION ' PW License PWC -C-12879 Expiration Date: 3/31/2016 Corporation Status Goodstanding Insurance Certificates Received (Date): 4/7/2016 Expiration Date: 1/15/2017 Rating: A++ Payment and Performance Bonds Received (Date): 4/7/2016 Rating: A Builders Risk Ins. Req'd: Yes ❑ No ❑✓ If yes, has policy been purchased? (Only appllcabale for projects above $1,000,0,000) AWARD INFORMATION )ate Submitted to Clerk for Agenda: April 7, 2016 Approval I By: 'urchase Order No.: Date Issued: WH5 submitted (Only for PW Construction Projects) JTP Date: Contract Request Ch ecklist.3.15.16.Final CONTRACT FOR PUBLIC WORKS CONSTRUCTION WELL 27 TREATMENT FACILITY PROJECT # 10492 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 12th day of April, 2016, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Challenger Companies , hereinafter referred to as "CONTRACTOR", whose business address is 1415 Madison Ave., Nampa, ID 83687 and whose Public Works Contractor License # is C-12879. INTRODUCTION Whereas, the City has a need for services involving WELL TREATMENT FACILITIES; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Contractor WELL 27 TREATMENT FACILITY page 1 of 14 Project 10492 represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $733,182.54. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. WELL 27 TREATMENT FACILITY page 2 of 14 Project 10492 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Liquidated Damages: Substantial Completion shall be accomplished within 150 (one hundred fifty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 180 (one hundred eighty) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $300.00 (three hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this WELL 27 TREATMENT FACILITY page 3 of 14 Project 10492 Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 6. Independent Contractor: 6.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 6.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 6.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers from and for any and WELL 27 TREATMENT FACILITY page 4 of 14 Project 10492 all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 9.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. WELL 27 TREATMENT FACILITY page 5 of 14 Project 10492 9.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. WELL 27 TREATMENT FACILITY page 6 of 14 Project 10492 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 15. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (SSCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: http:l/www.meridiancitV.org/environmental.aspx?id=13618. Contractor shall retain all stormwater and erosion control documentation generated on site during construction including the SWPPP manual, field inspections and amendments. Prior to final acceptance of the job by the City the contractor shall return the field SWPPP manual and field inspection documents to the City for review. A completed Contractor Request to File Project N.O.T. with the EPA form shall be provided to the City with the documents. These documents shall be retained, reviewed and approved by the City prior to final acceptance of the project. 16. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 17. Reports and Information: 17.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 17.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. WELL 27 TREATMENT FACILITY page 7 of 14 Project 10492 18. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 19. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 23. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate WELL 27 TREATMENT FACILITY page 8 of 14 Project 10492 contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 24. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 25. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 26. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 27. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. WELL 27 TREATMENT FACILITY page 9 of 14 Project 10492 The order or precedence shall be the contract agreement, the Invitation for Rid document, then the winning bidders submitted bid document. 31. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 33. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Challenger Companies. Inc. Purchasing Manager Attn: Jason Wright 33 E Broadway Ave 1415 Madison, Ave. Meridian, ID 83642 Nampa, ID 83687 208-489-0417 Phone: 208-461-0608 Email: JasonCa)challengercompan ies.com Idaho Public Works License #PWC -12879 -AA Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN TA _D, MAYOR Dated: WELL 27 TREATMENT FACILITY Project 10492 CHALLENGER COMPANIES, INC. BY: w' JV O"RIGHT Dated: page 10 of 14 Approved by Council: Attest: JAYCEE L. HOLMAN, CITY CLERK Purchasing Approval- BY: KEIT ATTS, Purchasing Manager Dated:: L, 176 7//6, - Project Manager Dean Stacey WELL 27 TREATMENT FACILITY Project 10492 Depa tnt_A . a _momBY: VAA WARREN STEWA`RT, Engineering anager Dated:: � Z7 page 11 of 14 1 SCOPE OF WORK REFER TO INVITATION TO BID PW -1615-10492 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -1615-10492, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • PLANS NAME BY KELLER ASSOCIATES dated 12-11- 2015 (64 pages) • SPECIAL PROVISIONS/TECHNICAL SPECIFICATIONS by KELLER ASSOCIATES dated Date 12-11-2015 (554 pages) WELL 27 TREATMENT FACILITY page 12 of 14 Project 10492 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $733,182.54. WELL 27 TREATMENT FACILITY page 13 of 14 Project 10492 MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 150 Days from Notice to Proceed Milestone 2 Final Completion 180 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the WELL 27 TREATMENT FACILITY per IFB PW -1615-10492 NOT TO EXCEED CONTRACT TOTAL ....................... $733.182.54 Contract is a not to exceed amount. Line item pricing below will be used for invoice verification and any additional increases or decreases in work requested by city. The City will pay the contractor based on actual quantities of each item of work in accordance with the contract documents. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price A General Requirements 1 LS $50,611.09 B Mobilization/Demobilization 1 LS $9,350.00 C Sitework Demolition 1 LS $6,050.00 D Installation and Startup of City Supplied Equipment (Filter Vessel, Valves, Control Panels, Instrumental and Accessories.) 1 LS $9,748.00 E Mechanical Yard Piping and Valves Water 1 LS $45,540.00 F Sanitary Sewer, Manholes, and Backwash Vault 1 LS $51,635.00 G Site Electrical 1 LS $6,980.00 H Site Improvements (Asphalt/Concrete Repair, Grading, Surface Restoration, Landscaping, and Other Incidental Site Improvements.) 1 LS $23,650.00 I Fencing and Gate 1 LS $43,937.91 Excavation and Earthwork 1 LS $16,280.00 K Concrete Foundation, Pads, and Slabs 1 LS $29,246.00 L -Masonry Walls 1 LS $49,638.96 M Roof trusses, Skylights, Sheatin , Siding, Etc. 1 LS $74,346.90 N Doors Overhead and Man Doors 1 LS $15,352.60 WELL 27 TREATMENT FACILITY page 13 of 14 Project 10492 Q Painting, Coating, Safety, and Signage 1 LS $38,728.00 P Mechanical Process Piping, Valves, Supports, $121,540.00 and Associated Equipment 1 LS Q Chemical Storage Tank, Pump, and Associated $27,421.40 Equipment 1 LS R Electrical, Instrumentation, and Control $67,782.00 Equipment 1 LS S HVAC AC Unit, Heaters, Louvers, Ducts, Etc. 1 LS $21,560.00 T Plumbing Floor Drains, Sinks, Etc. 1 LS $23,784.68 WELL 27 TREATMENT FACILITY page 14 of 14 Project 10492 j0 RECEIVED Document Bond . 00 CONTRACTOR: (Name, legal status and address) Challenger Companies, Inc 1415 Madison Ave Nampa, Idaho 83687 OWNER: (Nance, legal status and address) City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: 04/12/2016 Amount: $733,182.54 SURETY: (Nance, legal status and principal place of business) The Ohio Casualty Insurance Company 62 Maple Ave Keene, NH 03431 Description: (Name and location) Well 27 Treatment Facility BOND Date: 04/12/2016 Not earlier than Construction Contract Date) Amount: $733,182,54 Modifications to this Bond: 91 None 0 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate seal) Challenger Comp vies Inc The Ohio Casga.11ty Insurance Coma y Signature• Signature(�e/'�, Namele'w) Name/net K Holt au ,Attorney -In -Fact and Title: oand Titl(Any additionalsignatures appear on the last page oftrformance Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or other party) 5605 Overland Rd. Boise, ID 83705 Phone (208) 345-4177 Fax (208) 384-1677 Ift AIA ueeument A312 T" — 2010. The Amedean Institute of Architecb. This document has Important legal consequences, Conswation with an attorney Is encouraged with respect to its completion or modification, Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This is not a single combined Performance and Payment Bond, 0511to a § I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after I the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance, If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend, Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice, If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract, 4 Failure on the part of the Owner to comply with the notice requirement in Section M shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5,2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 6.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice ftom the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. InIt AIA Document A312- ® 2010. The Arrieflean Institute of Architects. § r If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 3 if the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 0 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. (nN AIA Document A312TM —2010. The American institute of Architects. 16 Modifications to this bond are as follows: None (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature; Name and Title; Name and Title: Address Address CAUTION: You should sign an original AIA Contract Document, on which this text appears In RED. An original assures that changes will not be obscured. Inst AlA Document A312T" — 2010. The American InstRute of Archftects. 4 0.,AIA Document Payment Bond Bond No. 023-034-002 CONTRACTOR: (Name, legal status and address) Challenger Companies, Inc 1415 Madison Ave Nampa, Idaho 83687 OWNER: (Name, legal status and address) City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: 04/12/2016 Amount: $733,182.54 SUR (Name, legal status and principal place of business) The Ohio Casualty Insurance Company 62 Maple Ave Keene, NH 03431 Description: (Name and location) Well 27 Treatment Facility BOND Date., 04/12/2016 (Not earlier than Construction Contract Date) .Amount: $733,182.54 Modifications to this Bond: ® None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Challenger Companies, Inc The Ohio Casu tyInsurance Company Signature :� As -z.— Signature: �-=-- Name Title: , i Name d et K Hoit au Attorney -In -Fact A7 and Title: (Any additional signatures appear on the last page of thi Payment Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or other party) 5605 Overland Rd, Boise, ID 83705 Phone (208) 345-4177 Fax (208) 384-1677 This document has important legal consequences, Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312®2010 combines two separate bonds, a Performance Bond and a Payment Bond, Into one form. This is not a single combined Performance and Payment Bond, snit, AJA Document A312TO a 2010. The American Insthute or Architects. 061110 6 § I The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment Mmished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety, § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit, 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13), 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13), § 6 If a notice of non-payment required by Section 5. 1. 1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1. 1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts, § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7,2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant, § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety, § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. snit AIA McumentA312- — 2010. The American Institute of Architects. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract, The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond, § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment famished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; A a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the. Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .6 the "total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were famished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents, Init. AIA Document A312ru —2010. The American institute of Architects. § 16.4 Ofter Ddault Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 10.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 18 Modifications to this bond are as follows: None (Space isprovided belawfor additional signatures of added parties, other than those appearing on the coverpage) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address CAU11ON: You should sign an original AIA Contract Document, on which this text appears In RED. An original mums that changes will not be obscured, InIt. AtA Document A312TH — 2010. The ArnMean IneffhAa of Archhects. ]i I THIS POWER OF ATTORNEY iS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.7303924 American Fire and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire & Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts, and WestAmerican Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint,- I*a* ",�,;*+.,�, PP Karvi A Richter Janet K Holthaus all of the city of Boise state of Idaho each individually if there be more than one named, its true and lawful affomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as If they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed 1 ; thereto this 29th day of March, 2016 %aq cA American Fire and Casualty Company ¢oaPorG�� ���` t�'rsg h��`�on�U'�Sy �c��' ,��ti� The Ohio Casualty Insurance Company z —Fo ^<J .r�rn c� �� ''�o `�w4 ,�`�' rr�o o Liberty Mutual Insurance Company U 1906 1912 ° 1919 r 1991 3 Wes merican Insurance Company U) #ps��''b yv����9`sACFsi� �tiryHAr�e�4T� �' �Nr»nN� ` N F By: * * * David M. Carey, Assistant Secretary STATE OF PENNSYLVANIA ss +% 12 COUNTY OF MONTGOMERY On this 29th day of March, 2016, before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of American Fire and Casualty Company, v � Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing tf � 4-.2 instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. > IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above written, id rm + M O CL COMMONWEALTH OF PENNSYLVANIA CDP M jn r{oiarl;ii seal •th ` + Teresa Pastolla, Nota Public d' ®i ' f Pit lymouth Twp,Montgomery County By, MY Camm166!an Explres March ze; 2017 Teresa Pastella, Notary Public � s +a A4embe , PennSy .an.a Ass?cat�n 6r tb 1rt�s This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company, The Ohio Casualty L Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: CD azrn C M ARTICLE IV - OFFICERS - Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and .a.+ subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act In behalf of the Corporation to make, execute, p C seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their E respective powers of attorney, shall have full pourer to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation, When so executed, such Instruments shall be as binding as if signed by the President and attested to by the Secretary, Any power or authority granted to any representative or attorney - 40 12 in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. a ARTICLE XIII - Execution of Contracts - SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, 41 td a and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in fact, as may be necessary to act in behalf of khe Company to make, execute,00 d seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their L M v respective powers of attorney, stlai(have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of s Te Company. When so executed such instruments shall be as binding as if signed by time president and attested by the secretary, e CD Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorzes David M. Carey, Assistant Secreta ryto appoint such attorne s -in• O fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety 'obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney Issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed, i, Gregory W. Davenport, the undersigned, Assistant Secretary, of American Fire and Casualty Company, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and,has not been revoked. iN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this_ day ollAaqtr 20 �NND tq�G �1NSUq Y INSU WNSU 4 �oaFo��2r, 1906 0 1912 °� 1919 1991 o 16 By: """ °, 4� as a Gregory W; Davenport, Assistant Secretary b r'' ) 3'gct+US � � MANmP P rA'i)IAN�` LMS AC"J? & CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDrrM) 04/07/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: DaWna McGee Boise Capital Insurance 1556 S Timesquare Ln Ste 200 PMHHc°Nrie Ex : (208)321-1400 (MC,Ne: (208)321-9400 E-MAIL dawna@boisecapitalins.com Boise, ID 83709 INSURERS AFFORDING COVERAGE j Y NAIC # INSURERA: Auto -Owners Insurance Company 18988 01/15/2016 INSURED INSURER B: Liberty Mutual Insurance 19690 INSURER C: Challenger Companies, Inc. 1415 Madison Ave INSURER D: Nampa, ID 83687 INSURER E: INSURER F: $ UUVtKAUE5 CERTIFICATE NUMBER: 00000000-0 REVISION NUMBER: 3 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR I TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY—EF—F-7—POLICY MM/DD EXP MM/DD LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Ik OCCUR y 57008484-15 01/15/2016 01/15/2017 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY � PRO LJ LOC OTHER: GENERALAGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 $ 'A AUTOMOBILE X X LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY X AUTOS ONLY 4751471700 01/15/2016 01/15/2017 EaacccdentSINGLELIMIT $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 4751471701 01/15/2016 01/15/2017 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 EDTX RETENTION$ 10.000 $ B WORKERS EMPLOY RS' LICOMPENSATION ILII AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNEIECUTIVE ❑ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes,e under DESS IPTIONOFO DESCRIPTION OF OPERATIONS below N/A WC41 NC -016559-014 01/01/2016 01/01/2017 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Builders Risk 57136305 04/15/2016 04/15/2017 Limit 933,183 DESCRIPTION OF OPERATIONS / LOCATIONS! VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Meridian is listed as Additional Insured. Project #10492 Well 27 Treatment Facility City Of Meridian 33 East Broadway Avenue Meridian, ID 83642 l'F11V VCLL/i 1 IUIV SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE U 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Printed by DEM on April 07, 2016 at 12:03PM eTRAKiT Page 1 of 1 Home I Setup an Account I Log In LICRnSee V' Username Passworti LOGIN ❑ REMEMBER ME Forgot Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Paid Items Contact Contact us Public Works Search 1.1' � Search Again Download ReSUItS Printable View Page: 1 of 1 Text; ;Last] The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Walertower St, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho PublicWorksSearchRslts.aspx 4/7/2016 ;Firsts �PreJ Details - License Number: PWC -C-12879 Lic Info Fees$2,730.00 Registration M PWC -C-12879 Issue: 3/31/2016 Expire: 3/31/2017 Type: PUBLIC WORKS Sub -Type: AA Status: ACTIVE Company: Challenger Companies, Inc. Phone: (208)461-0608 Cell: (208) 859-9003 Pager: Fax: (208) 461-0650 Owner Name: Page: 1 of 1 Text; ;Last] The Division of Building Safety, makes every effort to produce and publish the most current and accurate information possible. No warranties, expressed or implied, are provided for the data herein, its use, or its interpretation. Utilization of this website indicates understanding and acceptance of this statement. 1-800-955-3044, 1090 E Walertower St, Suite 150 Meridian ID 83642 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho PublicWorksSearchRslts.aspx 4/7/2016 IDSOS Viewing Business Entity Page I of 2 IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State New Search Back to Summary Get a certificate of existence for CHALLENGER COMPANIES, -INC. [ Monitor CHALLENGER COMPANIES INC business filings CHALLENGER COMPANIES, INC. 1415 MADISON AVE NAMPA, ID 83687 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING 12 Aug 1997 State of Origin: IDAHO Date of 12 Aug 1997 Origination/Authorization: Current Registered Agent: JASON WRIGHT 1415 MADISON AVE NAMPA, ID 83687 Organizational ID / Filing C120510 Number: Number of Authorized Stock 100000 Shares: Date of Last Annual Report: 30 Jul 2015 Annual Report Due: Aug 2016 Original Filing: Help Me Print&iew TIFF Filed 12 Aug 1997 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: Help Me Print/View TIFF Amendment Filed 28 Oct NAME CHANGED View Image (PDF format) 2003 TO CHALLENGER View Image (TIFF format) COMPANIES, INC. Amendment Filed 28 Oct NAME CHANGED View Image (PDF formall 2003 TO CHALLENGER View Image (TIFF format) COMPANIES, INC. Annual Reports: Report for year 2015 ANNUAL REPORT View Document Online Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online https://vrww.accessidaho.org/public/sos/corp/Cl205lO.html 4/7/2016 Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: $G PROJECT NUMBER: ITEM TITLE: Human Resources Human Resources: Benefit Costs for the FY2017 Budget MEETING NOTES a"A--c,\ rQ\ , VLV� , �e- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS FY17 HEALTHCARE BENEFITS PRESENTATION APRIL 12, 2016 Crystal Ritchie, Human Resources Manager Todd Lavoie, Finance – Chief Financial Officer HEALTHCARE HEALTHCARE H E A L T H C A R E B E N E F T I S Agenda •April Presentations •City’s Group Health and Related Benefits Policy •Benefits Committee •Factors of Healthcare Benefits •Overview of Current Healthcare Benefits •Wellness Program Statistics •Ratings and Rates •FY17 Planning and Preparation •Wrap Up: Action Reminders •Questions H E A L T H C A R E B E N E F T I S April Presentations •Communicating a lot of information •April topics have large budgetary impacts •Opportunity for you to process the information communicated •Will come back at the end of the month for your direction H E A L T H C A R E B E N E F I T S April Presentations The first 3 meetings in April we will be providing information for your consideration -No Direction Required- April 5 April 12 April 19 April 26 City’s Compensation Plan Healthcare Benefits Council Guidance and Direction Your Guidance / Direction Requested  FY17 Budget Impact Projections Allowable 3% Property Tax Projections H E A L T H C A R E B E N E F I T S The City’s Group Health and Related Benefits Policy •City of Meridian Standard Operating Policy and Procedure 5.1 •The Purpose of the Group Health and Related Benefits Policy: •To outline available benefits for eligible City employees •Policy Overview: •The City is to provide eligible employees of the City of Meridian a comprehensive health, vision, dental, life, short and long term disability insurance, along with voluntary life insurance plans, deferred compensation and limited disability programs, 401K and a cafeteria plan (FSA & DCA) •A portion the of premium is to be paid by the employees and a portion by the City •Each eligible employee receives a full packet of information explaining all benefits offered during New Hire Orientation •All full-time or seasonal employees that work more than 30 hours per week for more than 6 months are considered benefit eligible •Benefits are subject to change and are not guaranteed H E A L T H C A R E B E N E F I T S Benefits Committee •The Benefits Committee: •Christena Barney, Human Resources •Tom Barry, Public Works •Reta Cunningham, Finance •Todd Lavoie, Finance •Bill Nary, Legal •Barb Null, Finance •Crystal Ritchie, Human Resources •Robert Simison, Mayor’s Office •Eric Strolberg, Police •Scott Warren, Fire •Mercer (Lois Morris and Denise Bunch) •The Purpose of the Benefits Committee: •Develop a cost effective and competitive benefit plan as defined in the City’s Strategic Plan April 12 Healthcare Benefits In order to continue to attract and retain high caliber employees and be a premiere employer, the City must have a competitive and effective benefit program in place H E A L T H C A R E B E N E F I T S Benefits Committee, con’t. •Benefits Committee Goals: •Create a competitive benefit package that will attract and retain employees •Manage costs for the City and Employees that is sustainable •Remain compliant with the Affordable Care Act (ACA) •Provide Employee Choice •Benefit Broker: •Mercer Health & Benefits LLC has been the City’s benefit broker since 2007 •Provide Market trends, market comparisons, statistics and advice on the many various aspects that make up our comprehensive benefits package •Assist in guiding and educating the Benefits Committee in making the best benefit decisions possible for the City and our employees H E A L T H C A R E B E N E F I T S Factors of the Healthcare Benefits Fiscally Responsible Employee Choice Fair and Competitive Attract and Retain ACA Compliance Fair and Competitive Attract and Retain Experience Rating The City’s Healthcare Benefits Fiscally Responsible H E A L T H C A R E B E N E F I T S Overview of Current Healthcare Benefit •Healthcare Plans: •Traditional PPO plan •High Deductible Health Plan (HDHP) with a Health Savings Account (HSA) •City contribution to the HSA of: •$1,000/year for Employee Only •$1,500/year for Employee + One •$2,000/year for Employee + Two/Family •HSA contribution not guaranteed each year. Contribution amount is the difference in premium between the PPO and HDHP. City’s cost is equitable regardless of what plan employee chooses •Premiums: •Historically paid for employee medical coverage and most of the cost for dependents •Changed from 80/20 dependent cost split to 75/25 in 2016 •Employee coverage premium of $40.00 was instituted in 2015 •Employees can receive premium discounts allowing them to “buy-down” their employee premium to zero with Wellness Program participation ($15/month discount) and Non-Tobacco Use ($25/month discount) H E A L T H C A R E B E N E F I T S Overview of Current Healthcare Benefit, con’t. •2016 Employee Premiums: •287 employees paying zero employee medical premium (Wellness and Non-Tobacco discount) •65 employees paying a $15 employee medical premium (Non-Tobacco discount) •3 employees paying a $25 employee medical premium (Wellness discount) •11 employees paying the full $40 employee medical premium (No discount) •Non-Tobacco discount is available to employees that are tobacco users who enroll in and complete a Tobacco Cessation program within 3 months of the new plan year or hire •Wellness discount is available to those employees that complete an annual biometric screening H E A L T H C A R E B E N E F I T S Wellness Program Statistics Participation Numbers Year-Over-Year (YOY) Year Completed Biometrics YOY % Increase (Decrease) Annual Average Sick Leave hours Used per EE* Medical Experience Rating YOY Medical Rating Increase (Decrease) 2015 236 5.83% 67.27 102.05% (16.78%) 2014 223 10.40% 71.08 118.83% 20.37% 2012/2013 202 (2.42%) 67.21 98.46% (1.38%) 2011/2012 207 Not Available 68.35 99.84% 4.67% Percentage of Participation Year FTE's Completed Biometrics % FTE's Completed Biometrics Enrolled and Active 20+pts % FTE's Enrolled and Active 20+pts Earned Day Off % FTE's Earned Day Off 2015 387.5 236 60.90% 157 40.52% 88 22.71% 2014 369.0 223 60.43% 90 24.39% 73 19.78% 2012/2013 357.0 202 56.58% 177 49.58% 75 21.01% 2011/2012 353.5 207 58.56% 133 Not Available 70 Not Available Data shows increased participation, decreased sick leave usage and decreased experience rating  H E A L T H C A R E B E N E F I T S Ratings and Rates •The City’s medical premium rates are based on the experience rating •The experience rating is a calculation derived from the premiums paid vs. the claims paid •If the premiums paid are higher than the medical claims paid out, we have an experience rating below 100% •If the premiums paid are lower than the medical claims paid out, we have an experience rating above 100% •An optimal experience rating is 85% or lower Medical Benefit Analysis Year-Over-Year (YOY) Year Premiums Paid Total Expenditures (Claims, Admin and Pooling Costs) Difference between Premiums and Expenditures Medical Experience Rating Medical Premium Increase 2015 $4,640,156 $4,735,092 ($94,936) 102.05% 11.2%* 2014 $3,787,525 $4,500,771 ($713,246) 118.83% 5% 2013 $3,495,307 $3,441,521 $53,786 98.46% 4.5%* 2012 $3,720,196 $3,714,275 $5,921 99.84% 6.4% *Plan design changes were made to offset a higher premium increase H E A L T H C A R E B E N E F I T S Ratings and Rates H E A L T H C A R E B E N E F I T S Ratings and Rates, con’t. H E A L T H C A R E B E N E F I T S FY17 Planning & Preparations H E A L T H C A R E B E N E F I T S FY17 Planning & Preparations •Benefits Committee reconvened in January to begin discussing options and plans for FY17 •Working towards no plan design changes and possible increase the HSA contribution •Going out to market for Medical, and FSA and Cobra Administration Services •Budgeting for a 9% placeholder based on our 102% experience rating •5% right off the top is to cover ACA pass through surcharge •This surcharge is assessed to assist with the costs of ACA compliance (additional treatment, IRS reporting and forms, etc.) •Actual renewal rate will not be available until June 2016 •HR will continue to monitor and provide a formal recommendation for the FY17 budget as renewal rates and data becomes available H E A L T H C A R E B E N E F I T S Wrap Up: Action Reminders •Reminder: •Today’s presentation is for informational purposes only •Your guidance / direction on April 26th is just that………guidance / direction April 26 Council Guidance and Direction Your Guidance / Direction Requested  All FY2017 budget recommendations can be updated / changed up to July 20th H E A L T H C A R E B E N E F I T S Thank you! Human Resources Finance Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 8H PROJECT NUMBER: ITEM TITLE: Mayor's Office: Mayor's Office: Request for Letter of Support - 1-84, Northside Boulevard to Franklin Boulevard, TIGER and FAST LANE Grant Application MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS April 8, 2016 The Honorable Anthony Foxx Secretary of Transportation United States Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590 Re: Interstate 84 FASTLANE Grant Dear Secretary Foxx: Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Ty Palmer Anne Little Roberts On behalf of the City of Meridian, I would like to express our support of the Idaho Transportation Department's (ITD) FASTLANE grant application seeking improvements to the frequently congested segment of I-84 between Franklin Boulevard and Northside Boulevard, including interchanges. This area of I-84 has been identified as the highest priority among 33 unfunded regional projects by COMPASS, of which we are a member. This FASTLANE grant will help increase the economic competitiveness of the Treasure Valley and all of Idaho, as I-84 is the only nationally designated major freight corridor through the state, carrying $80.3 billion of freight annually. Recent improvements to the interstate and interchanges in Meridian, which is adjacent to Canyon County, have increased service levels and safety, helping to address the significant population growth being experienced in this area. By making the improvements which this grant is requesting just to our west, the entire transportation system will work better. Specifically, this segment of I-84 has been the site of several recent crashes, and congestion where lanes drop from three to two, creating a bottleneck, particularly during peak travel times. The planned improvements to this area will help assure that freight and commuters are not diverted to alternative routes that could affect nearby local roadways, significantly affecting businesses and residents. The Interstate 84 corridor is of key importance to the local, regional, and national transportation systems. Other improved segments of the I-84 Corridor in the Treasure Valley have positively impacted Meridian and all who use I-84, as it is the only east -west interstate in southwest Idaho. This FASTLANE grant would further increase the effectiveness of the significant investments ($493 million) already made along this corridor.. Mayor's Office . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-888-4433 ■ Fax 208-884-811g . www,meridiancity.org The Honorable Anthony Foxx Page 2 For these reasons, the City of Meridian is in support of ITUS grant application to bring these needed improvements to the only nationally designated major freight corridor in Idaho. S Tammy Mayor Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 81 PROJECT NUMBER: ITEM TITLE: Legal Department: Legal Department: Discussion and Update Regarding Reenacting Title 1, Chapter 7, Section 10, Meridian City Code, Repealing Request for Reconsideration and Reenacting as a Procedure for Request for Reconsideration MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 9A PROJECT NUMBER: ITEM TITLE: Title 1, Chapter 7, Section 10 Ordinance No. I ('0- - ( (0 ga : An Ordinance Repealing and Reenacting Title 1, Chapter 7, Section 10, Meridian City Code, Repealing Request for Reconsideration and Reenacting as a Procedure for Request for Reconsideration; Providing for a Waiver of the Reading Rules; and Providing an Effective Date. MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. l 6 -1 ('° g a BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE REPEALING AND REENACTING TITLE 1, CHAPTER 7, SECTIONS 10, MERIDIAN CITY CODE, REPEALING REQUEST FOR RECONSIDERATION AND REENACTING AS PROCEDURE FOR REQUEST FOR RECONSIDERATION; PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS; the Idaho Code in Title 67, Chapter 65 et.seq. commonly referred to as the Local Land Use Planning Act (LLUPA) establishes the framework for local jurisdictions to make all land use decisions within their jurisdiction; and WHEREAS; LLUPA establishes a limited right to request reconsideration of a land use decision; and WHEREAS; Meridian City Code had previously established a request for reconsideration criteria and procedure that is now preempted by the Idaho Code; and WHEREAS; the Idaho Code allows City's to establish their own process on how request for reconsideration can be heard by the City Council; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1: That Title 1, Chapter 7, Section 10 is hereby repealed and reenacted as follows: 1-7-10: PROCEDURE FOR REQUEST FOR RECONSIDERATION: A. Pursuant to Idaho Code 67-6535 (Local Land Use Planning Act) regarding a request for reconsideration of a City Council land use decision the following procedure must be strictly followed: 1. After final approval of the findings of facts, conclusions of law, decision, and order, the appellant, who may be any applicant or affected person, as defined by Idaho Code, Inay request reconsideration of the final decision of the City Council, 2. Such request must be in writing and filed with the City Clerk within fourteen (14) days of the final approval. 3. The request must identify specific deficiencies in the decision for which reconsideration is sought. 4. If the request is properly filed and meets the requirement of identifying specific deficiencies in the land use decision, the City Council shall schedule the matter to be heard at the next regularly scheduled meeting of the City Council, PROCEDURE FOR REQUESTS FOR RECONSIDERATION - TrrLE 1, CHAPTER SE, SECTION 1-2 PAGE 1 OF 3 5. No additional evidence or testimony will be allowed. 6. At the City Council, meeting, the Council shall consider the written request and may affirm, reverse, or modify its decision, after compliance with the applicable procedural standards. 7. A written decision shall be provided to the appellant within sixty (60) days of the request. Section 2: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2016, PROCEDURE FOR REQUESTS FOR RECONSIDERATION - TITLE 1, CHAPTER 8E, SECTION 1-2 PAGE 2 OF 3 i NO KIM WN Section 2: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2016, PROCEDURE FOR REQUESTS FOR RECONSIDERATION - TITLE 1, CHAPTER 8E, SECTION 1-2 PAGE 2 OF 3 i NO Section 2: That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED by the City Council of the City of Meridian, Idaho, this day of , 2016, PROCEDURE FOR REQUESTS FOR RECONSIDERATION - TITLE 1, CHAPTER 8E, SECTION 1-2 PAGE 2 OF 3 APPROVED by the Mayor of the City of Meridian, Idaho, this )2016. APPROVED: Tammy de Weerd, Mayor ATTEST: Jacy Jones, City Clerk day of PROCEDURE FOR REQUESTS FOR RECONSIDERATION - TITLE 1, CHAPTER 8E, SECTION 1-2 PAGE 3 OF 3 Meridian City Council Meeting DATE: April 12, 2016 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: Annexation and Zoning of 55.55 Acres of Land I � _ Meridian Granting the Annexation and Zoning of 55.55 Acres of Land with the C -C (Community Business District) (32.84 acres); TN -R (Traditional Neighborhood Residential) (8.95 acres); TN -C (Traditional Neighborhood Commercial (6.54 acres); and R-40 (High Density Residential) (7.22 acres) Zoning Districts in the Meridian City Code. The Property is a Parcel of Land Situate in the Northwest Quarter of the Northeast Quarter and in the Northeast Quarter of the Northwest Quarter of Section 14, Township 3 North, Range 1 West, Boise, Ada County, Idaho; and Providing an Effective Date CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2016-030844 BOISE IDAHO Pgs=9 LISA BATT 04/13/2016 01:27 PM MERIDIAN CITY NO FEE 111111111111111111111111111111111111111111111111111111 00213787201600308440090090 CITY OF MERIDIAN ORDINANCE NO. � (0 - i (pS BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS AN ORDINANCE (H-2015-0017) FOR ANNEXATION AND REZONE OF A PARCEL OF LAND BEING A PARCEL OF LAND SITUATE IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND IN THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN, ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO C -C (COMMUNITY BUSINESS DISTRICT), TN -R (TRADITIONAL NEIGHBORHOOD RESIDENTIAL DISTRICT), TN -C (TRADITIONAL NEIGHBORHOOD CENTER DISTRICT), AND R-40 (HIGH DENSITY RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the owner of said property, to -wit: Kostka & Calnon, LLC. SECTION 2. That the above-described real property is hereby annexed and re -zoned from RUT to C -C (Community Business District) (32.84 acres); TN -R (Traditional Neighborhood Residential) (8.95 acres); TN -C (Traditional Neighborhood Center) (6.54 acres); and R-40 (High Density Residential) (7.22 acres) zoning districts, in the Meridian City Code, SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said property. ANNEXATION — KOSTKA/CALNON PROPERTIES - H 2015-0017 Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this day of 2016. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of '�� \, 2016. MAYOR TAMMY de WEERD ATTEST: vo�Qo$Pcen nuc(Isr� r90� 3 city of IDIAN�.- JACY NES, CITY CL SVAL rF�rFR °! t h e i RE rS�Q�J ANNEXATION — KOSTKA/CALNON PROPERTIES - H 2015-0017 Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this -ID day of ; 1 , 2016, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JACY JONES, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Maho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. os•■■s• (SEAL) ♦��'��•pp,,CHE `�. ®°.;PAHO � `.•° Oo-ek�AVt NOTARY PUBLIC OR IDAHO RESIDING AT: -ED MY COMMISSION EXPIRES: ANNEXATION — KOSTI£AICALNON PROPERTIES - H 2015-0017 Page 3 of 3 EXHIBIT A Legal Description & Exhibit Map for Annexation & Zoning Boundary (REVISED) B & A Engineers, Inc. l,uusnitlau Hng+rneers & Land Surveyurs 55505 West Franklin Road, Boise, ID 83705 Telephone 2084.348+.3381 Pucsimile 2011+342-F&792 Kostka/Calnon Meridian Annexation 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows; Commencing at the northeast comer of said Section 14; thence N89'4 1'48'W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter corner of said Section 14, w111ch is the Point of Beginning, Thence returning S89641'2WE, 788.89 feet along the northerly boundary of said Section 14; Thence 800006'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence 876°54'53'E, 536.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence 800°06'24'W, 971.48 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter of the northeast quarter of said Section 14; Thenoe N89°40'48 W, 1,329.36 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southwest comer of the northwest quarter of the northeast quarter of said Section 14; Thence N89'39'03°W, 612,67 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence No0°06'37"E, 1,328,43 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the northerly boundary of said Section 14; Thence 889*37'564E, 613.04 feet along the northerly boundary of said Section 14 to the Point of Beginning. Comprising 55.55 acres, mare or less. This description includes pubila rights-of-way and irrigation faclllNes t reside vAbin or adjotning the KostkalCafnon lands. EXHIBIT A B & A Engineers, Inc, Consulting Engirieurn & Land Sgrvt,.ynrs 5505 west Franklin Road, Boise, ID 83705 Telaphone 208+343+3381Facs1m1te 20x3+342+5792 Kostka/Calnon Zone C -G 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 Vilest, Boise Meridian, Ade County, Idaho, tieing more particularly described as follows: Commencing at the northeast corner of said Section 14; thence N89941'46"W, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter corner of said Section 14, which is the Point of Beginning; Thence returning S89041'26"E, 786.89 feet along the northerly boundary of said Section 14; Thence S00006'24°W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence 676°54'53"E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence S0a106'24"W, 459.37 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the centerline of the Ten Mile Stub Brain; Thence 675003'03"W, 186,21 feet .along the centerfine of the Ten Mile Stub Drain to a point of curvature; Thence 96.82 feet along the centerline of the Ten Mile Stub Drain along a tangent curve deflecting to the right, with a radius of 286.50 feet, a central angle of 19'21'43", a long chard of 96.36 feet and a chord bearing of $84"42'1 VW; Thence N85936157"W, 1,653,70 feet alone the centerline of the Ten Mille Stub Drain; Thence 889023'033W, 22.92 feet along the centerline of the Ten Mile Stuff? Drain; Thence N00006137"E, 756,70 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the northerly boundary of said Section 14; Thence 889437'66"Ir, 613,04 feet along the northerly boundary of said Section 14 to the Point ofBegInning. Comprising 32,84 acres, more or less. This desotiption irictudes public rights-of-way and Irrigation faci/iti reside within oradjoining the Kostka/Calnon lands. EXHIBIT A $ & A Engineers, Inc, Consulting Engineers & Lanti Surveyors 5505 west Fraztklin Rood. Boise, to 03705 Telephone 2081-343+:3381 kncsir;3lir 208+342+5792 KostkafCalnon Zom TN -R 10 November 2015 A parcel of land situate In the northwest quarter of the northeast quarter of SeCtlon 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows: Commencing at the northeast comer of said Section 14; thence N89°41'46`W, 2,667.78 feet along the northerly boundary of said Section 14 to the north quarter comer of said Section 14; thence returning S89041'26"E, 786.89 feet along the northerly boundary of said Section 14; thence 800"'06'24"W, 234,00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S76°54153"B, 566.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S00°06'24"W, 469.37 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the centerline of the Ten Mlle Stub Drain and to the Point of Beginning; Thence continuing 6001106'241% 512.11 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter of the northeast quarter of said Section 14; Thence N89°49'48'W, 820,32 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence NOO'19'12"E, 494.20 feet to the centerline of the Ten Mile Stub Drain; Thence S85036'57"E, 550.05 feet along the centerline, of the Ten Mille Stub Drain to a point of curvature; Thence 96.82 feat along the centerline of the Ten Mile Stub Drain along a tangent curve deflecting to the loft, with a radius of 285.50 feet, a central angle of 19021'43", a tong chord of 96,36 feet and a chord bearing of N84�42'1 VE; Thence N76003'03"E, 18021 feet along the centerline of the Ten Mile Stub brain to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 and to the Point of Beginning. ,In E. Comprising 8.95 acres, more or less. This description includes public rights-of-way and irrigation f&ciiifies that aside within or adjoining the KbstkalOalnon lands. , �" �` �y. 9,iit • � ;,r EXHIBIT A B & A Engineers, [tic. Co nsuItIt) g I!ngInears & L.and SurVey uI's 5505 West Prankiin Road. Bolsa, M 83705 'telephone 208}34.34.330IFuslntile 208+342.15792 KostkalCalnon Zane Ted -C 16 November 2015 A parcel of land situate in (lie northwest quarter of the northeast quarter and in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows; Commencing at the northeast corner of said Section 14; thence N89°4 TOW, 2,657.78 feet along the northerly boundary of said Section 14 to the north quarter corner of said Section 14; thence returning S89°41126"E, 786.89 feet along the northerly boundary of said Section 14; thence SOD°06'24"W, 234.00 feet along a line parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S7e°54'53"E, 556.21 feet to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence SOO°06'24"W, 971.48 feet along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter of the northeast quarter of said Section 14; thence N891140'481W, 520.32 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the Point of Beginning., Thence continuing N89"40'48"W, 509.033 feet along the southerly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southwest comer of the northwest quarter of the northeast quarter of said Section 14; Thence N89039'03"W, 90.97 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00020'57"E, 190.00 feet; Thence 471.37 feet along a tangent curve dofiecting to the right, with a radius of 600.00 feet, a central angle of 45°00'46, a long chord of 459.34 feet and a chard bearing of N22*81'20"I~ to the centerline of the Ten Mile Stub Drain; Thence S85036'57"E, 424.97 feet along the centerline of the Ten Mille Stub Grain; Thence S00°19'12"W, 494,20 feet to the Point of Beginning. Comprising 6,54 acres, more or less, This description Includes public rights-of-way and irrigation tacifities that reside w1thfn or adjoining tate Kosika/Calnon lands. EXHIBIT A B & A Engineers, Inc. consulting; Pr;gIneers & Land S u r v u y u r s 5505 West Franklin Ruad. Solse, ID 03705 'r'elephune 200+343+3381Facs1raile 208+342+5792 Ko stka/Calnon Zane R-40 16 November 2015 A parcel of land situate in the northwest quarter of the northeast quarter and in the northeast quarter of the northwest quarter of Section 14, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, being more particularly described as follows; Commencing at the northeast comer of said Section 14; thence N0641'46"W, 2,667,7$ feet alone the northerly boundary of said Section 14 to the north quarter corner of said Section 14; thence returning S89°41126"E, 786.89 feet along the northerly boundary of said Section 14; thence S001108'24"W, 234.00 feet along a fine parallel to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; thence S76654'63"E, 658,21 feat to the easterly boundary of the northwest quarter of the northeast quarter of said Section 14; Thence 800"06'24"W, 971,48 fest along the easterly boundary of the northwest quarter of the northeast quarter of said Section 14 to the southeast corner of the northwest quarter of the northeast quarter of said Section 14; thence N89"4048"W, 1,329.35 feet along the southerly boundary of the northwest quarter of the northeast quarter of said ~section 14 to the southwest corner of the northwest quarter of the northeast quarter of said Section 14; thence N89"39'03"W, 90.97 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the Poing of Seginnirtg, Thence N89°39'03"W, 521.70 feet along the southerly boundary of the northeast quarter of the northwest quarter of said Section 14; Thence N00"06'37"E, 671.73 feet along a line parallel to the westerly boundary of the northeast quarter of the northwest quarter of said Section 14 to the centerline of the Ten Mile Stub Drain; Thence N89023'03"E, 22.82 feet along the centerline of the Ten Mile Stub Drain; Thence S65136'57"E, 678.68 feet alone the centerline of the Ten Mile Stub ©rain; Thence 471.37 feet along a non -tangent curve deflecting to the left, with a radius of 600.00 feet, a central angle of 45600'46", a long chord of 459,34 feet and a chord bearing of S22"51'20°W; Thence 300"20'Q( W, 100.06 feet to the Point of tic Comprising 7.22 acres, more or less, This description includes pubic rights-of-way and Irrigation facifnffes that reside within or adjoining the KostkalCainon [ands. Cor. r 14 i f9.3T'SL'F 1Jit,VfN.1/4 Cara S.e !A EXHIBIT? W. Prank l l n Paa d !/10th Cor m 11. eor. Sea r ar.rre•t 1.11011, of, Kcstka/Oalnnn Lands 5i rvulo io I1,. Noeih.o,t Ovort�r of 1hv Not rh.osI Ovonrr ono, Thu N.rlhrnrf Ovort,•r „1 ;1,8 hors b.o,f Ova, t.r of S.ct tn. 14, 7ov.tbtp J Nerrft. tiaege 1 Uoft. Gorst- lfer,dtns. Ado eb.oty, /aoht, Rate: 10 Narat}ber 2015 F A A Caytaafrf, lsc. 2011.3AJ•3301 the t-6 [.h rr.�Ssaa j l�•!r n a e w �ry g to k� T. WIT rvb Otvii rt-.•}f.,l' v.tta N,}lata'x•df• cr<.f.v}.ad• Gb 1,1rt.yd 11'rl•N�� •y^••••rHrla� rfr•f>I.i7' rl,l)pIf•JA'7!•I d.r,,,,•d w• lnph• rtar' ty ; jr P'6 Col Jecrar Re !/10th Cor m 11. eor. Sea r ar.rre•t 1.11011, of, Kcstka/Oalnnn Lands 5i rvulo io I1,. Noeih.o,t Ovort�r of 1hv Not rh.osI Ovonrr ono, Thu N.rlhrnrf Ovort,•r „1 ;1,8 hors b.o,f Ova, t.r of S.ct tn. 14, 7ov.tbtp J Nerrft. tiaege 1 Uoft. Gorst- lfer,dtns. Ado eb.oty, /aoht, Rate: 10 Narat}ber 2015 F A A Caytaafrf, lsc. 2011.3AJ•3301 the t-6 [.h St e p s t o C r e a t e a n U r b a n R e n e w a l Di s t r i c t 1. D e s i g n a t e a S t u d y A r e a f o r p o t e n t i a l c r e a t i o n o f an urban re n e w a l d i s t r i c t 2. C o n d u c t a n E l i g i b i l i t y R e p o r t t o d e t e r m i n e w h e t h e r co n d i t i o n s w i t h i n t h e S t u d y A r e a m e e t t h e c r i t e r i a es t a b l i s h e d i n S t a t e L a w 3. U R A B o a r d c o n c u r s w i t h c o n c l u s i o n s o f e l i g i b i l i t y report an d f o r w a r d s i t t o t h e C i t y C o u n c i l St e p s (C o n t i n u e d ) 4. I f C i t y C o u n c i l c o n c u r s w i t h U R A B o a r d , t h e y d i r e ct the pr e p a r a t i o n o f a n U r b a n R e n e w a l P l a n f o r t h e a r e a . 5. U R A p r e p a r e s a n d a p p r o v e s t h e P l a n a n d f o r w a r d s i t to th e C i t y C o u n c i l . 6. C i t y C o u n c i l r e c e i v e s t h e P l a n a n d r e f e r s i t t o t he Pl a n n i n g a n d Z o n i n g C o m m i s s i o n f o r a d e t e r m i n a t i o n th a t t h e P l a n i s c o n s i s t e n t w i t h t h e C i t y ’ s C o m p r e h ensive Pl a n . St e p s (C o n t i n u e d ) 7. C i t y r e f e r s P l a n t o T a x i n g E n t i t i e s f o r c o m m e n t . 8. P l a n n i n g a n d Z o n i n g C o m m i s s i o n d e t e r m i n e s t h a t t h e Pl a n i s c o n s i s t e n t . 9. T a x i n g E n t i t i e s m a y o r m a y n o t c o m m e n t . Co n s e n t n o t r e q u i r e d 10 . C i t y C o u n c i l h o l d s a P u b l i c H e a r i n g 11 . C i t y C o u n c i l a d o p t s P l a n a n d R e v e n u e A l l o c a t i o n A r e a .