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HomeMy WebLinkAbout2023-07-18 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, July 18, 2023 at 4:30 PM Minutes PRESENT Councilman Joe Borton Councilwoman Liz Strader Councilman Brad Hoaglun Councilman John Overton Councilwoman Jessica Perreault Councilman Luke Cavener Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved 1. Gander Creek South No. 3 Sanitary Sewer Easement No. 1 (ESMT-2023-0090) 2. Torino Locust Grove Subdivision Water Main Easement No. 1 (ESMT-2023-0092) 3. Final Plat for PAW Subdivision (FP-2022-0034), located at 1680 W. Ustick Rd, by Kent Brown Planning Services 4. Approval of Construction Contract to Alloway Electric Co., Inc. for the Streetlights- Linder Road-McMillan to Chinden (LED Upgrades) for the Not-To-Exceed amount of $240,020.55 5. Task Order for Fabrication and Installation of Discovery Park Artwork: The Hole Ball Game Between UrbanRock and the City of Meridian for a Not-to-Exceed Amount of $45,000.00. 6. First Amendment to Commercial Lease Agreement Between ReSurge Church and the City of Meridian 7. Amendment to Subrecipient Agreement between City of Meridian and Ada County Housing Authority for CARES Act Community Development Block Grant Funds Motion to approve made by Councilman Hoaglun, Seconded by Councilman Borton Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 8. Mayor's Office: Neighborhood Grants Program Approved Motion to approve made by Councilman Cavener, Seconded by Councilman Overton Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener 9. Mayor and City Council Compensation Committee: Report and Recommendation Recommend to move forward Motion to move forward made by Councilman Hoaglun, Seconded by Councilman Overton Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener EXECUTIVE SESSION 10. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Motion to adjourn into Executive Session made by Councilman Hoaglun, Seconded by Councilman Overton Voting Yea: Councilman Borton, Councilwoman Strader, Councilman Hoaglun, Councilman Overton, Councilwoman Perreault, Councilman Cavener Executive Session Into 5:35 pm Out 6:02 pm ADJOURNMENT 6:02 pm Meridian City Council Work Session July 18, 2023. A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday, July 18, 2023, by Mayor Robert Simison. Members Present: Robert Simison, Brad Hoaglun, Joe Borton, Luke Cavener, Jessica Perreault, Liz Strader and John Overton. Also present: Joy Hall, Bill Nary, Jamie Leslie, Kris Blume and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Brad Hoaglun _X_ John Overton _X_ Jessica Perreault _X—Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is July 18th, 2023, at 4:30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next item up is the adoption of the agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adopt the agenda as published. Cavener: Second. Simison: Have a motion and a second to adopt the agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the agenda is agreed to -- or adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] 1. Gander Creek South No. 3 Sanitary Sewer Easement No. 1 (ESMT- 2023-0090) 2. Torino Locust Grove Subdivision Water Main Easement No. 1 (ESMT- 2023-0092) Meridian City Council Work Session July 18,2023 Page 2 of 24 3. Final Plat for PAW Subdivision (FP-2022-0034), located at 1680 W. Ustick Rd, by Kent Brown Planning Services 4. Approval of Construction Contract to Alloway Electric Co., Inc. for the Streetlights Linder Road-McMillan to Chinden (LED Upgrades) for the Not-To-Exceed amount of $240,020.55 5. Task Order for Fabrication and Installation of Discovery Park Artwork: The Hole Ball Game Between UrbanRock and the City of Meridian for a Not-to-Exceed Amount of $45,000.00. 6. First Amendment to Commercial Lease Agreement Between ReSurge Church and the City of Meridian 7. Amendment to Subrecipient Agreement between City of Meridian and Ada County Housing Authority for CARES Act Community Development Block Grant Funds Simison: Next up is the Consent Agenda. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adopt the Consent Agenda and -- approve the Consent Agenda and that the Mayor be authorized to sign and Clerk to attest. Cavener: Second. Simison: Have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 8. Mayor's Office: Neighborhood Grants Program Simison: So, we will go on to Item 8, which is Department/Commission Reports from the Mayor's Office regarding the neighborhood grants program. I will turn this over to Mr. Cluff. Meridian City Council Work Session July 18,2023 Page 3 of 24 Cluff: Thank you, Mayor and Council. I'm here on the behalf of the Mayor's Office to talk about the great program of the neighborhood grant program. The memo distributed to you is outlining the 2023 neighborhood grant program. As we talked about last year, the intent of the program is to beautify the community and get input from the stakeholders and take the aspects of volunteerism and creating Meridian as the premier -- premier community to live and work and raise a family. The selection panel and the grading system came to Council and was done on several items. Project description. The evaluation of volunteers in the group, timeline effectiveness, project impact and project budget. Below that you will see the staff recommendations for this item. These items -- we have three staff recommendations. The compiled scores. Each one of these come in as community events, a cleanup project and a maintenance project at the senior center. Going into a little more depth. The community -- or the connection is the Cure event. This is going to be an educational program for high school students in the valley -- or in Meridian. Talk about mental health awareness. This engages many of the volunteers in our -- in our community and as well as grows with our group and our -- our vision. The I Heart Treasure Valley cleanup. This is looking at any items or any areas that we possibly need some cleanup items, such as high schools, any areas that might have noxious weeds, as well as credit lots and, then, also neighborhoods that might need some help just to maintain. And, lastly, the senior center needed repairs upon the senior center, too, as well and we can go down the list that's just staff recommendations for these items. I'm seeking guidance and approval from -- from Council and I would like to have a better conversation on what this would look like in the future with the allocated -- with the recommended budget items or the recommended fund request we were at 9,000 dollars or a little under 10,000 dollars out of the 50 grand that was given to us or allocated for the program. As we move forward we would like to have some guidance on some items for that, whether its partnership with private stakeholders, such as HOAs and other companies, as well the additional guidelines of how large of a cap we would like to have. Something that has been in the program for a while is the request to not exceed 25,000 dollars and we had a couple of -- we had a budget item -- or not a budget item, a request -- a grant request to clean up the area near Franklin and Meridian and we all can know the intersection that we are talking about. It is a needed section that needs to have some repairs. But we have -- we have some shortfalls that we need to understand of whether that would be guidance for other people or other entities whether we can do that and whether these private stakeholders would be willing to do it and the private property owners in that area. With that this is in front of you as a needed conversation and I request the approval of Council and I stand for any questions. Perreault: Mr. Mayor? Simison: Thank you, Jake. Council, questions? Council Woman Perreault. Perreault: Thank you. Thank you, Jacob. I -- I must say I am admittedly a bit disappointed to see Golf View in the bottom this year again. I feel like that they have done an excellent job of presenting their need and having justification for it. So, a couple of questions. One, is it a hard and fast that we are only limited to granting to a Meridian City Council Work Session July 18,2023 Page 4 of 24 maximum of two? And also in that regard could we not, then, spend the balance of the funds on some of the other applicants this year? I guess I'm not understanding why we wouldn't be able to spend the balance of those funds. Cluff: We also need to look at whether that's a property that is going to be privately owned and an HOA. If that's the will of the committee I -- we could definitely put it back out there. And, of course, this is just staff recommendations and you have complete control and make motions as you feel. Did that answer your question, Council Woman? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. Help me understand how the privately owned property affects our decision. Cluff: I would -- Perreault: Liability concerns? Cluff: Sorry. Mayor, Council, I would have to yield to probably the attorney on that to understand whether we can or can't. It did not exceed and was -- when we were graded in this program we had the four applications from Golf View and did not exceed the mark above the -- if we were going to go down an allocation. We have the Boise Meridian RV Resort, which is the southwest corner of Meridian and Franklin would be next on the list and that would take up the majority of those funds. Again, you can -- oh, sorry about that. But I would yield to an attorney on that -- or the city attorney to understand whether we can give that to private property owners. Simison: Mr. Nary, would you like to weigh in on that question? Nary: So, I didn't completely hear the entire question. Is it can we give grant funding to a private source? Is that what you are asking? Simison: Essentially the conversation is -- to this point in time there has been a direction by Council and others to not utilize these funds on private property. It's been limited to city property to my knowledge. Cluff: I do have somebody coming in for that. Miles: Mr. Mayor, Council, Council Woman Perreault, generally the guidance that we have received in the initial years is that wouldn't use city funding unless it was on public property or right of way. Now, we can work with the Attorney's Office and Finance, but generally we haven't funded private improvements that are on common lots of HOAs or private property of HOAs -- Meridian City Council Work Session July 18,2023 Page 5 of 24 Simison: Dave, if you want to get into the mic. Miles: If it's established right of way we have considered those. The negotiation comes into if you have a property, like an HOA, are they willing to go that level of creating an easement or creating right of way or creating a public property to receive the funding, but that's where we have gone so far. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I was under the impression when we started the program that it was for organizations like homeowners associations and so I guess that's maybe where some of my confusion was. I understand what -- what you are saying and, obviously, the attorneys would need to discuss whether -- in my mind the way I'm seeing this is we are granting funds to that organization and beyond that I'm not sure where our liability would lie. So, I would be interested in hearing more about -- if that's something -- as Jacob has asked, if that is a limitation of ours, then, maybe we take the homeowners associations -- or we clarify that when the applicants are making their applications in the future. Miles: Yeah. Mr. Mayor and Council, Council Woman Perreault, I agree and I think the level of engagement this year was disappointing to say -- Perreault: Okay. Miles: -- we are always looking at how do we improve and how do we get more applications that are viable and manageable. So, that's something that we will take back to the group and look at and I think it's important to hear the feedback from the Council to say if that's someplace that you are comfortable going, then, we need to know that and so that we can make sure -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: I'm very comfortable going that direction, because I feel like that was the whole purpose of the neighborhood program. I don't feel like we can call it a neighborhood program and, then, just say it's on public property, to be fair. But, in addition, for item number four -- so, that is on right of way, but my understanding is there was -- there was some concern about the fence -- removing the old fence from the current residence properties and, then, that's not public property and so was that issue ever worked out with the applicant how that would work without having to affect private property of the owners? Meridian City Council Work Session July 18,2023 Page 6 of 24 Cluff: That was -- that was a conversation piece that we had talked about. They were seeking approval from them and that would be a conditional -- a part of being able to fulfill it. We -- we talked with the applicant and saying that the individual would need to -- to get granted permission to be able to remove that type of fencing, garbage, other -- other items. But, again, that would -- that would have to be done by the approval of them. So, that was part of the condition. Nary: Mr. Mayor? Simison: Councilman -- Mr. Nary. Nary: So, Mr. Mayor, Members of the Council, so the rationale here is, again, we as the city cannot gift something to a private entity. So, we can't buy something for an HOA that is for them to own, because, then, we will be, essentially, turning over a city asset to a private party and we can't do that. So, that's the reason why it's always been in public areas, public access. The secondary reason is access. So, you are taking public funds and you are putting them in a place that only a limited amount of people can actually go use it, play on it, see it, because it's a private HOA property. So, those are the two reasons. Well, again, we can't just buy something for another entity -- for another group, an HOA. And, again, you are limiting the access for people to be able to use it or -- or be able to see it. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just some feedback. Yeah, I have -- I have concerns about that, just to offer a different perspective along the lines of what Mr. Nary was saying, just -- you know, if -- if a -- the primary benefit of the use of taxpayer funds is for a neighborhood HOA and those property owners, it doesn't really affect Meridian at large. I just think it's hard to justify using taxpayer funds for that. I think it might be interesting to explore, though, the difference of, you know, this main intersection here by the RV resort. I mean that -- that feels a little bit different, because it's, you know, a big kind of focal point for the whole city. What were some of the things you are grappling with in terms of how to get your arms around a project like that and where does that stand if we -- if we were interested in pursuing that? Cluff: Mayor, Council, Council Woman, thanks for the question. We had an extensive talk with the applicant. They are still interested no matter what happens with -- with what happens for this decision. They view it as a beautification of the area for all of the businesses and all the residences. That being said, they understand the challenges that there is some ACHD property, there is private property and they have a letter that was attached to part of the application that talked with ACHD. Again, I would probably talk to Legal about that or the city attorney on whether that was something that could be enforced and would be standing, but they are working hard and would like to continue to work with us on -- on that item. But this was just how it was scored and it was just Meridian City Council Work Session July 18,2023 Page 7 of 24 scored below and did not have -- we didn't have enough funds to continue on and as the guidance says until that's fulfilled. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just one more question. Would they be interested in pursuing it with us, you know, with other sources of funding besides the city neighborhood grant program? I mean if, you know, there was a smaller allocation of funds, are they interested in discussing that further? Cluff: Mayor, Council, Council Woman, I don't want to speak for the applicant, but with how they have continued to follow up and what they would like to do, I would -- I would like to reach back out to them and follow up with you on that. I just wouldn't want to put words in somebody else's mouth. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Maybe to Council Member Strader's question, just maybe a little flavor. think, too, one of the biggest challenges with that hard corner project is just the amount required, but I think the intention was from the committee is to not exceed 25,000 dollars and so when you are looking at the totality of all the requests we could do, this one, which had some concerns and other jurisdictional challenges, or there were others that were maybe free from some of that burden, because I think there was some conversation from the committee really liking that project, but feeling like with the limitations that they had they were -- they were maybe hamstrung from being able to pick that particular one. But I think there was a lot of support for that project, there just were some limitations. So, I think a continued conversation about that makes sense and I would just maybe ask Jake, Mayor, City Attorney, you know, let's continue to find some -- some solutions to some of these challenges of not city owned projects that -- that have an impact on our community and I know when this was first envisioned I talked a lot about the Settlers Canal, there is that spot between Ten Mile and Black Cat, but all the homeowners technically own that dirt along the way. It's not even controlled. They don't have a homeowner's association. So, again, I don't know that -- how we -- how we solve that challenge, but I see this program as a -- as a way to do that and so I know we are baby stepping this a little bit. We have made some great strides from where we were last year, but I think next year is really the time where we take that big leap and start doing some things that are bold, things that have a real impact on our community. Jake, I did have a question, though, for you. In your recommendation -- the recommendation that came was the funding request for the connection is the Cure event. They are asking for like close to ten grand and we are recommending nine -- about 900 bucks. Am I reading that right? And, if so, maybe walk me through that. Meridian City Council Work Session July 18,2023 Page 8 of 24 Cluff: Mayor, Councilman, so if you look there is actually one more piece. They had two applications. Cavener: Oh. Okay. Cluff: They had battle of the bands, which would not have fit within the time frame that we were trying to administer this grant and the other one was the -- Cavener: Okay. Cluff: The other one is just -- Cavener: That's right. Perfect. Cluff: Yeah. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Just to weigh in, I think if we look at neighborhood projects, just to kind of continue that discussion, because there -- if there is some sort of substantial public usage and it's on -- through homeowners association property and those types of things -- now, again, Mr. Nary would say, okay, what does substantial mean and all those good things, which that -- that should be something that they have to prove to us that there is substantial usage by others, it's not just their own -- own enjoyment and pleasure that they have to do that, because I know like in our subdivision there is a drain that has a pathway through the whole thing that -- and everything around it is all HOA, but because of the substantial use by public there was something that needed -- they wanted benches along there to rest. Okay. You could make that argument, but you have to say that they are for public use and -- but, yeah, that's -- I think staff needs to talk about some things and maybe come back with some recommendations. We can kick it around some more and -- and see what we can do with that, so -- but I'm -- you know, the three that are outlined here are good -- good projects and does some good for the -- for the community and gets involvement by volunteers and different things and in the southwest corner I think same thing, what can we do, that is a -- kind of an eyesore and making it work for everybody, so -- Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you, Councilman Hoaglun, for bringing that up, because my impression of the Golf View -- at least one of the applications it's on the -- the trees that are over extended that are breaking down a block wall is on the public's -- I mean it's next to the public sidewalk and there is a public element to that, which is that those Meridian City Council Work Session July 18,2023 Page 9 of 24 trees are jetting out onto the sidewalk and, then, the fence that is being affected is by the sidewalk. So, I agree that there may be some situations where it might overlap. In addition, I think there was one that was a bridge and I think that bridge went over a walkway that's connected maybe in our pathway system. I'm not sure. But if that -- that to me also is another element. If there is a pathway that's part of our pathway system that goes through a neighborhood and there is some improvement that needs to be done to that, then, maybe we do have an overlapping conversation. So, at least on those two I felt like that there was reason -- reasonable -- so, I think that he brings up a really good point we need to look into that. Like is there something in the neighborhood that's a public use but the HOA -- and I -- as a realtor I regularly run across pieces of land that an HOA maintains, but it's -- it's not deeded to the HOA. Just -- just like what happens with canals. So, yeah, that's a good -- a good point to bring up. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Jacob, I -- I support the recommendations. I understand the rubric you are -- you are working with. Not all programs make sense everywhere and -- and I think the type of solution that -- that Councilman Cavener was talking about is really the -- I think the bigger genesis of why this program was created to try and tackle projects like that, which don't have a singular structure to help organize and plan. So, it's definitely not a solution today to try and solve, but -- but if a program like this were to continue down the road it would -- I think it would be nice to see how that type of kind of public visible -- really an eyesore is what he is describing. I know exactly what you are talking about. How we can help bring folks together and address it or similar type projects. So, the way you have presented I'm supportive. I understand the scoring and what you were presented and the work of the group to score the application, so I don't have any problem telling you what you have got on the board here in front of us, but it would be nice to take a step back. We kind of do this with participatory budgeting. It's a great idea, but round peg square hole doesn't fit in every community, which is fine, and we just got to make sure that we are -- we are confident enough to pivot if it doesn't really fit for how our community is designed, the age of our neighborhoods, et cetera. So, that's the next 12 months something for the group to ponder. Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Jacob, are you looking for recommendation, are you looking for action? Do we need a vote? What do you -- what are you looking to -- to get from us? Cluff: I'm looking for your recommendation, sir. And if -- if that is something where you would like me to -- I can see three different options for the carried over money and for the options that we can have and taking it as what's the path forward for it to approve -- either approve the recommendated -- recommended projects and move forward with Meridian City Council Work Session July 18,2023 Page 10 of 24 those and coming back to Council and working with you on whether that's the other allocated money to possibly fund other projects as well. There is also discussion that the motions can be carried by you and however you would like to change the recommendations. Cavener: So, Mr. Mayor, I'm supportive of the recommendations. I'm happy to -- if we need a vote to vote in favor of that and, then, again, I think kind of to your point a request to maybe go back to the applicant for the Boise Meridian RV Resort. Let's see if we can work through that and if that results in a future budget amendment know that would be received friendly on my part and it's something that I think would be open to the conversation. Simison: Is that a motion to accept the committee's recommendations? Cavener: Mr. Mayor, I make a motion to accept the committee's recommendations. Overton: Second. Simison: Have a motion and a second to accept the committee's recommendations. Is there any discussion? Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: The only point of discussion in my mind is that -- if I remember correctly last year when we were having conversation there -- there wasn't as much favor for that. I was kind of surprised to see that be the number one, because there wasn't as much favor for events as there was for projects, because the events there isn't a way for us to really like, you know, know the result -- to really understand what the result is. So, don't know if there has been a change in that perspective from -- from the program or from fellow Council, but that was kind of what we -- we threw around last year was concerns over not really being able to see what the results of the event were. So, guess I was -- I just want to bring that point up and if -- if it's something that Council would like to clarify. Simison: Further discussion on that topic or the rest of the -- or on the motion from Council? Okay. Then all in favor signify by saying aye. Opposed nay? The ayes have it and the direction is given to go do the rest of the work that will require contracts and agreements that will come back to Council one by one. Thank you. MOTION CARRIED: ALLAYES. 9. Mayor and City Council Compensation Committee: Report and Recommendation Meridian City Council Work Session July 18,2023 Page 11 of 24 Simison: Next item is Item 9, which is the Mayor and City Council Compensation Committee report and recommendation. Invite Mr. Evarts up for a presentation on behalf of the committee. Evarts: Yes. Mr. Evarts. Josh. 303 East 8th Avenue, Old Town, Meridian. 83642. 1 love doing this. This is I think my favorite thing that I get to do in front of you guys. So, this has been my -- I think third, which means six years of doing this -- this review. So, just as background, city code I believe calls for a group of public servants, mix of business owners and city staff and council -- former council people that can sit on this and talk about compensation and make recommendations to you guys for consideration. So, we went through that process again this year. So, what we are going to go through today is a little outline of who served this year. We got some new folks and a lot of old folks on there as well. I feel like I'm becoming one of those. We are going to look at a little bit of market data. Staff did a great job of pulling this together for us, again, not as anything but interesting data points to look at. We will talk a little bit about that. Some of our observations. Mayoral recommendations. City Council recommendation. Overall I actually think we updated this contents correctly. It's in a different order than what I'm going to talk about, but I don't care. It will be fun. So, here is the makeup of the committee. So, you can see the names there. A great group of people. What's been nice is we have maintained a lot of continuity. So, a lot of these things that we have wrestled with for a decade we have had the same names on there. I am a landowner in Scotland. So, that's the appropriate lord title will be acknowledged by the City of Meridian during this hearing. Thank you for that. So, some market data. We did have a series of -- Counselor Nary, was it three meetings that we did over the last -- over the last three weeks -- where we got together, spent a lot of thoughtful time, wrestled with a lot of thoughtful things. But as some data points, this is some market data that Meridian staff put together for us in terms of whether -- what other municipalities are doing. So, we have our current mayoral salary at just under 120,000. Boise's at 150. And, then, we just have a hodgepodge of other municipalities. Nampa being a bigger one. Caldwell being a bigger one. Idaho Falls. But just kind of gives you an idea. I think that what's to note in both mayoral compensation and city council compensation and this is something that we should probably, Bill, add in the future is the trend in all those municipalities is up. So, they are all passing raises. They are all setting raises that go on into the future. So, the recommendation that is -- part of our recommendation that we are making that is not outside of what's happening around the rest of the state, so we are not an oddball in one and we need to see our elected officials be compensated fairly and appropriately. City council salary data. So, currently Meridian Council Members are at 17 three. Council President has a ten percent uplift on that, so they are 19. But you can see Boise is at 27 and, again, you kind of have a mix that's -- that's right in that kind of ten to 13 range for everybody else around the state. So, I do believe that Meridian in general -- one of the things that's just been an observation of the committee is we have been really, really excited about our city council members, like we don't feel like you guys are a group of people that show up on Tuesday nights and aren't visible the rest of the time and, you know, throw some thoughts out there and make some people happy, some people mad and, then, go home the rest of the week. Like we see a lot of activation in the community. We see a Meridian City Council Work Session July 18,2023 Page 12 of 24 lot of time being spent. Clearly you guys can't bring the kind of value that you have been bringing without doing work outside of the hours that you are in here. So -- so, we feel that -- that the work and the challenges of Meridian -- as I said I think the last six years, you know, as Boise sneezes we catch a cold. So, we are -- we are dealing with a dynamic valley where we have things that are happening all over and land use issues and just change and I think we are asking a lot of you guys as a city council member and so, therefore, we would like to compensate you. Committee history. So, number one, we want to maintain this. So, we talk about that all the time to kind of kick off our meetings, like do we really enjoy doing this? Is it appropriate? Should we recommend a different methodology? We love it. So, just on behalf of all of us that serve on it we enjoy getting together. Bill keeps buying lunches for us. I don't think he's getting quite the participation that he would like in the lunches that he's doing there, but lots of participation on the Zoom calls. Thoughtful. So, we want to continue that in the future. In 2019 the committee recommend was approved. Increases for city council. And, then, just a cost of living increase for the Mayor. So, that was in 2019. In 2021 it was recommended improved increases the city council and mayoral compensation beyond just cost of living adjustments. So, we appreciate that. It feels good. We do put a lot of hard work into it. So, the fact that you guys are hearing us and -- and approving those things makes us feel valued. So, we appreciate that. So, mayoral recommendation. So, we believe pretty -- pretty strongly that the salary is out of line with current market conditions. So, what we are recommending for you guys to approve is a ten percent increase in 2024. So, just -- just the nature of this, the way our -- our cycles work, because it's outside of the cycle of the normal city budget. So, this gets approved -- Bill, help me out here. It gets approved by you guys now, but it doesn't go into effect until January 1. It's on a calendar year; correct? Yeah. So -- yeah. So, calendar year 2024 would see a ten percent increase, 5.8 percent increase for 2025, and just to describe a little bit of how we got to those numbers. A little bit of this is we are playing catch up. Like we don't have a crystal ball, we don't get to forecast inflation, we don't get to forecast things that are -- that are happening in the valley and growth and things of that nature. So, we are a little bit reactive and that's certainly been the track record. Kind of being a storyteller. Over the last 20 years we have really transitioned our city council. It used to be a lot of retired people that had time to donate and so they didn't want raises and they worked for very little and we have just had a lot of conversations over the last eight years that I have been doing this that we want to incent, you know, great people willing to step up and serve and we realize compensation has to be a part of that. We just can't rely on rich people that have time to volunteer, we actually want to get the best and the brightest and -- and kind of widen the -- the base of people that can serve. So, that ten percent figure really comes from the fact -- city staff just in -- just cost of living adjustments has received about 13 percent over the last two years and so, really, that ten percent -- we are just trying to play a little bit of catch up. The 5.8 is actually the -- the current inflation rate, the CPI, Consumer Price Index rate that we are operating under right now and we just as a committee felt like that was our -- that was our best number that we could come up with as far as something that we could recommend that we thought that you guys would be able to -- like we want to be very sensitive to numbers that we put in front of you and make sure that those are reasonable and thought out and that was the best number that we could come up with for that. So, what Meridian City Council Work Session July 18,2023 Page 13 of 24 that means in actual dollars is that from '23 to '25 we would be moving the mayoral salary from 119 to 131 and, then, ultimately 139. City Council we feel the same way. We think salaries are out of line. We are going to recommend that same ten percent in 2024 and a 5.8 percent increase in '25. In real dollars -- I know these percentages sound big, but when we start talking about city council as a percentage it looks big. In real dollars it's -- it's not that much. It's not that we don't appreciate you, but we just -- we want to make sure that -- that we are being consistent across the recommendation. But it does add up. So, in 2023 we are seeing you guys at 17,000. That would be moving over 20,000 dollars by 2025. So, some analysis, some thoughts that we kind of organized. We really have gone on this journey and really, you know, over 20 years I think played catch up. I think when I first talked about this six years ago we had a really big discrepancy. When we talked about eating the elephant one bite at a time and I think we have done that. I think you guys have made some -- some incremental approvals, so that this year was actually I think the easiest year as far as there wasn't a lot of negotiations. There was a lot of thoughtful inputs. But overall everybody felt very very good that we were -- we were in a good place and it was looking like the compensation was -- was -- was reasonable. We did have lots of discussions about comparing city leadership to managing a small, you know, company and this would not be a small company. So, I'm kind of specifically speaking about mayoral compensation right now. You know, if we were running a company that had a couple hundred million dollars in a budget and hundreds of employees. I'm not taking that job at -- at the current mayoral pay, but, then, we talked about some of the other attributes of that position and -- and so there were lots of -- I guess the point is there were lots of thoughtful conversations, but we felt very comfortable with the recommendations made. The one thing that I highlighted -- highlighted in there that, you know, a desire to ensure quality and, then, broad participation actually came from Dom serving on our commission and Dom made the observation of, you know, I think it's important to continue to incent young people participating in sort of this elective process and there are a lot of families and young professionals here in the city that the compensation specifically as we talked about it for City Council really does matter. Like I'm an old washed up guy, you know, so I don't have kid stuff in the evening and I'm not, you know, trying to, you know, go to sporting events and stuff like that, so I have lots of flexibility. But some young families that might want to serve in this capacity -- Liz -- they are giving up something. So, we want to make sure that we are compensating that time and rewarding those people for the sacrifices that they are making. Recommendation. These increases are smaller as a percentage than our '20 -- what would have been the 2021 recommendation. So, that's not -- the year is wrong in there, but -- so as a percentage we are getting closer. Like we are getting -- we are narrowing the gap here. We feel strongly that they are -- that they are in line, but -- but the bite of the apple that we are taking is getting smaller. These increases were factored against, again, like talked about the raises that were given to city staff. We are only recommending that ten percent from two years ago while general city staff have seen 13 percent increase during that same period. Proposed increases only result in appropriate corrections based on, again, this idea of inflation that's occurred, as well as expected value like we -- we appreciate the work that's been done we want to reward you for that and we expect it in the future. Like I would love to be the guy that -- I love coming and talking Meridian City Council Work Session July 18,2023 Page 14 of 24 about raises, but I will also be the guy that comes and talks about cuts if it's warranted. But I don't expect that. I always put this at the bottom of my things. Failure to approve these things only hurts us. We are going to get further behind if you guys choose not to approve these recommendations. So, it's obviously your choice and you guys get to make the call, but, you know, trust -- trust us, you know, trust the work that we are doing. It's -- it's good. And -- yeah. And we get to revisit all this stuff in two years. So, with that I will stand for questions. Simison: Thank you, Josh. Council, questions? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: A couple of questions. Josh, thanks. Appreciate you being a glutton for punishment coming back to us with this every two years. So, the last time you were before us -- and, again, no surprise I get a little cantankerous about this particular issue. I like the recommendation for the Mayor. But two years ago you brought a recommendation to us and it's kind of a common -- I had asked, you know, why this amount and you said, well, we thought it was an amount to like thread the needle that Council would support it and we said, hey, go back and bring us what you -- what you really think the recommendation should be and you and Gretchen and the team went back and met again and came back with a final revision. It doesn't appear that that's the case this particular year, that you feel like this is the right number and so my -- my question is does this get us back to where you think that we should be in terms of being on track with compensation or do you feel that we are still behind where we need to be? Evarts: Yeah. Mayor, Councilman Cavener, I feel like a lot of the discussions that were happening with our committee we are really talking about a lot of inflationary things and feeling like we had not kept the compensation up like we were taking care of other city staff, but really most of the talks were about inflation. We felt like we have gotten the number -- the number is feeling more healthy right now I think from the mayoral seat. I think that that's something that -- that we talked about. We felt very comfortable with this recommendation. I do feel like there were some strong sentiments on -- on the committee that -- that probably needs to be one that -- that we look at two years from now as a -- as a possible adjustment up. But, really, most of the -- most of the increases were really in relationship to inflation and just economic things. Cavener: Mr. Mayor, follow up if I may? Simison: Councilman Cavener. Cavener: So, one -- thanks to the committee. And I appreciate you kind of spotlighting Dom's comments about a broad representation, because I think that is -- it's -- I think all of us -- our vision, our hope is that we have always been a citizen led city council and -- and you and Gretchen really hit the nail on the head with that two years ago. That Meridian City Council Work Session July 18,2023 Page 15 of 24 argument has resonated with me for two years. As I saw it was on the agenda I went back and watched you guys' presentation, because it shifted my -- my perspective. So, this question comes from, then, you know, I think it's important that we recruit great people to be on our city council. The piece that I struggle with is what's -- by how many dollars we invest what does that -- what does that result in a better person; right? Like is there -- if -- if -- if we doubled this amount do we double the quality of people that would, then, apply for city council? If we -- if we cut it in half do we lose 50 percent of the people that would maybe want to serve in this role? That's the piece that I'm struggling to connect is how salary is going to equal better quality people on the city council. Evarts: Yeah. Mr. Mayor, Councilman Cavener, actually to further kind of expand on Dom's comments, one of the things that he was sharing was some anecdotal things that a lot of -- a lot of younger people are not working one job or two jobs, they are working three jobs, right, to like make ends meet. You know, my son down in California just moved in with multiple people just to make a rent work in California. It's just -- it's very -- cost of living, especially in the valley here, is way up. So, I don't know that I have some empirical data as to if the Council compensation was 40 instead of 20 are we going to get a better candidate? I don't know. But what I do believe is that the number -- we do want to incent people that are of quality that might be able to exchange that third job and serve as a city council member where the compensation, you know, would be as -- as a second or third income, 20,000 dollars is material. You know, nobody can live off of that as a single thing, but as a -- as something where a young person who would go, boy, I would be willing to give up my night job so that I could serve as a city council member, I -- but beyond that I don't know that I have any empirical data. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you. So, I'm just trying to remember the last couple of years. I think -- I think there was an eight percent in 2021 and a five last year. Is that how you got to the 13 percent? Evarts: So city -- yeah. I think so. Perreault: Uh-huh. Okay. And that's -- and so where did the ten percent, then, come from? Was it just kind of like, well, we want to stay under 13 or it's -- it does -- to me it still seems like a bit of a high percentage in one year relative to how we typically make decisions regarding -- Evarts: Sure. Mayor, Council Woman Perreault, it was -- it was a -- it was a -- what's the right word? It just keyed my brain. It was a -- a compromise. As we sat down and looked at it and we did not only look at staff's pay increases, but we looked at what was happening with the other things that don't fall under staff, like Fire and their compensation is different. The number just felt right. I know that ten percent sounds Meridian City Council Work Session July 18,2023 Page 16 of 24 like a lot, but -- but, you know, it is less than what's happened over -- and, again, we are just playing catch up; right? And we have to do this and kind of project this over two years. So, it just was the number that felt right for the group. We did have members of the group that said, look, if we did 13 for staff let's do 13 across the board and -- and we wrestled with that and said, well, instead of doing that let's -- let's take -- let's -- let's make it ten, but, then, let's throw the current CPI index of 5.8 on the second year, so that over this two years it would be 15.8. So, if we had done over the last two years 13 percent for city staff we are projecting more pain in the economy and it was universally agreed to by the group and we have some good business people on there that said, look, we are in this -- this inflation and cost of capital is not going down in the valley. So -- so that's part of it. So, I think the challenge is if -- if we want to take a smaller rate, again, we are just -- we are going to be further -- further kind of in the red down the road. Perreault: I appreciate you sharing that with us. To Councilman Cavener's question, I know for me I give up a lot of income to do -- I'm self employed and the only way I could do this position is if I'm -- is because I'm self employed from a time commitment standpoint and I give up a lot of personal income to do this and so taking that into consideration, you know, it sounds like that the -- the committee talked about all the different variables for folks that will run for a council seat and I know that while -- while we may be moving away from kind of a retired person's pursuit, I think I'm seeing it, then, lean a little bit more towards folks that have a little flexibility in their -- in their day job and that's still a limiting factor, then, for anyone and so while it may not bring a better quality candidate it may bring more candidates and in that you would hope that, then, your quality would increase just by sheer number. But I think that I really appreciate the -- the pursuit of wanting to open up that opportunity for folks, because, like I said, there is a lot of people that couldn't do this just because they don't have a position that's flexible enough and it really does limit people. So, on average, you know, some of us are putting in 20 plus hours a week to city council. It's a lot. And so thank you that the - - for the -- you know, thank you to the commission for just taking all those factors into account. Evarts: Yeah, Mayor and Council Woman Perreault. It's -- it's really fun to kind of wrestle with these things and I guess the point that I would make is we still look at this and we talked about this point as public service, right, and we don't want to lose that. Like you are -- there is an aspect of this that -- like the mayor is always the mayor. There is something of that that comes with the job; right? And so -- so, we don't want to eliminate that and make this a business. Like that's not the purpose of this, you know, committee or, you know, trying to get the salaries to a range that -- that, you know, you are going to, you know, attract necessarily the high -- like we just want to be very thoughtful, you know, but not lose that public service part of it, because we do appreciate -- like nobody -- it's not lost on any of us. Like we were all laughing that even if we were doubling the salary some of us on there, myself included, is like I would never take the job. It doesn't make sense, probably because I don't want to serve anybody. So, other observations. Meridian City Council Work Session July 18,2023 Page 17 of 24 Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just a comment. I think you are trying to strike the right balance between making sure people are doing it for the right reasons, but at the same time it does acknowledge the inflation, you know, environment that we have been in the last few years. So, I think that makes sense. I guess a question I have -- with the five percent in the subsequent year, do you guys envision -- and I think we are all hoping that inflation starts to go back to the long-term average of like closer to three percent. Do you guys envision going forward that this is the sweet spot and it will, you know, sort of stay in that three to five percent range or what was the discussion looking forward? Evarts: Yeah. Mr. Mayor, Council Woman Strader, I don't know that we talked a lot about -- or not that I can recall of what we think it looks like two years from now. In general we just talked about the spirit of this kind of committee and that we get to wrestle with it and we felt like the hard work that had been done over the last ten years made this one a lot easier then -- then historically. I don't -- I don't know what the future holds. I do feel that -- you know. And we are not trying to compare ourselves -- and I will just talk about Boise, like this isn't an effort and, you know, well, we need to be 75 percent of where Boise is. That's not the -- the effort. Like I was more interested in are these municipalities doing raises and they are. Like that was the data point that I wanted to see. It's a different city, it's a different job, just like all these other municipalities are. So, I don't think that we had any specific discussions about what this might look like two years from now, other than we are very very convinced that the committee as it's organized under code and the work that we are doing is really good and a great way to approach this, even though we play catch up. Overton: Mr. Mayor? Simison: Councilman Overton. Overton: That's my job. I kind of have to speak. Josh, great presentation. I have sat where Lieutenant Leslie is sitting tonight for many many meetings listening to previous City Council's discuss this topic and it always interested me that if -- if a number is sitting there at that time most of them would say due to their commitment and service to the city it's not about the money, don't give me a raise, and I heard that, but it's because of you and this committee to take that away from us and should you do what's needed, making sure everybody's compensated correctly. I thought the most important thing is looking at where we need to be in the future and taking care of that for future leaders that are going to follow us. I applaud what you guys did. I think the numbers are fair. It's hard to sit up here and now from a different chair and say, oh, I think that's great or that's not enough. I know how many hours I put in some weeks. My wife reminds me when I forget. But it's -- it's -- we do it because of that commitment we have made. Every single person up here has referenced that and I appreciate hearing your comments and the committee's comments on what you think that value is. Meridian City Council Work Session July 18,2023 Page 18 of 24 Evarts: Mr. Mayor and Council, thank you, I appreciate that and I will make sure that that sentiment gets back to the group. But the other thing that we did talk about that I guess I didn't share in my comments is, you know, the city designed this to go down in an election year every year and so we do talk as a group about what pressures are we putting on you guys to vote on compensation and I guess my encouragement to you is you got to separate the two. Like at the end of the day I think -- I think, John, your comment about we are taking care of the future just as much as we are recognizing the work that's been done and I think that it's just important to do the right thing, because there is going to be -- you and I are going to wear off this mortal coil and there is going to be another generation that -- Simison: And, Council, if I could -- I understand my -- my role is that this is my day job is different. I just want to speak up for your -- what is here for you all, because each person here I know gives up something different and unique and no less important than anybody else from that standpoint. Councilman Cavener, you may not travel on a Tuesday to another location, because you need to be here. So, you have to get up at 5:00 a.m. and do a hard turnaround. Councilman Hoaglun has to take vacation days from his job and give up, you know, that type of compensation in order to be here for some of our all day events. Councilman Borton could be billing these hours right now and -- you know. And making up for other lost needs within his family and I think Council Woman Perreault talked about it and Council Woman Strader, just for the most obvious with their family, giving up that time and that's value added as well. So, whether it's for the value you receive or for the recognition there is a cost to everyone's time, energy and effort on the Council side in that regard and to the point the money may help, may make up for some of that, it -- for some it's different. It's everyone's perspective. But there is cost to everybody in that regard. So, just -- I appreciate you guys trying to put a value to that cost as best you can, not knowing who will be serving here next at any point in time and that's I think the other thing. No one here is entitled to what this compensation will be. The voters will decide who was entitled to whatever compensation is set. Perreault: Mr. Mayor? Simison: Council Woman Perreault. Perreault: Thank you for clarifying that. I wasn't using my life example as a reason to say it's not worth it, because it's a hundred percent worth it. It just was an example to show how much I appreciate the consideration and I know that you were doing the same. So, thank you for sharing that about all of -- because all of us -- I don't have a single doubt in their commitment to public service and so I think all of us gladly -- gladly do it. So, thank you for sharing that. Borton: Mr. Mayor? Simison: Councilman Borton. Meridian City Council Work Session July 18,2023 Page 19 of 24 Borton: Lord Evarts, I appreciate the work of the committee as well. To understand the task you have been given and the data that supports the decision, I -- if you want to plant the seed and challenge you -- and I would love to discuss this with you offline, too, but one of the purposes behind the compensation that you referenced is to try and attract new candidates and not necessarily tethered to doing this thing -- things the same way, even if other communities do them as well. So, I would be curious maybe for the next two years one of the challenges that impedes the ability to get younger candidates or new candidates is incumbency and we have limits now, but I would be curious the committee's discussion on perhaps after three years of service, a fourth year, a compensation for a council member is either cut in half or it's eliminated, the salary, and services in a term four and onward would be at no salary at all. You might still receive city benefits, which needs to be acknowledged, but to try and kind of extract the value of institutional knowledge, but also facilitate the proper turnover of those who serve and invite opportunities, incumbency is an elephant in the room in every single community. As a four termer myself I know exactly what it's about. So, I think that's an interesting unique no one does it part of the equation I would love to have the committee chew on and see if that might also be a recommendation. I'm not necessarily opposed to it if it reduced or eliminated compensation and whether it's the third term or fourth term, maybe some benchmark. If you are going to serve a fourth term you are doing it for the love of the game. Evarts: Mr. Mayor, Councilman Borton, I think it's really interesting. It's not something I thought about. I do believe there are other factors that probably prohibited people from running for -- for city council. I think many people don't really understand what a city council does. I would -- I would have to put myself in that category 12 years ago as far as not really understanding municipal governance. So, my baptism was serving as a historic preservation commissioner and the rest is sort of history. So, I don't know how you incent including more people in things like that, so that they could get a taste and they could, you know, be a part of the process and by extension, then, want to participate. I would hate to lose the institutional knowledge that you guys bring, because I think -- I think that is important as we are leading where there are districts. I think there are unique things that are taking place, but it certainly would be something worth chewing on from a compensation committee. Joe, we will just have to get some coffee and talk about it, because it's fascinating. But, yeah, thanks for the observation. Borton: Yeah. Mr. Mayor -- I'm not -- not for -- not to throw this off the rails. I'm fine as well with my fellow council member proceeding with how -- how you and the group have recommended, but it really would be an interesting conversation. We see when there is an open seat six people run. When there is a body in the seat oftentimes there is one or no challengers and has nothing to do with compensation, that's incumbency. So, there may be some value in -- certainly there is some value in that turnover as well. So we will get some coffee. Evarts: Great. Hoaglun: Mr. Mayor? Meridian City Council Work Session July 18,2023 Page 20 of 24 Simison: Councilman Hoaglun. Hoaglun: Yeah. That's -- that's an interesting concept and I think some committee can dig into a little bit and maybe other -- other items like that. I always look at this as spousal compensation. We are up here doing it because we enjoy being involved in our community. It's -- it's -- it's the policy and being engaged in that and making things better and it's the spouse who goes you are going to another meeting and it's like, well, there is a paycheck I think at the end of the month don't you get -- I mean that's how I view it. I don't do it for the money. So, it's kind of helped -- helped on the homefront to make things a little better. But it is interesting when you talk about when compared to city employees full time, that's their job, because that is -- I -- I view people who want to serve on city council as a -- it's a smaller subset of people. It's not a wide spread thing. It's people who have to have -- enjoy going to meetings, which is a small -- small amount, but also who are willing to dive in and have a group that when you leave at night half of -- half of them is mad at you and the other half is happy, but -- and so sometimes I get a little anxious when we talk about, well, we looked at the -- you know, this is what the general employees are receiving, so we are trying to keep up with that when I'm going, yeah, I don't know if that's quite comparing apples to apples at times, because of that uniqueness of the position. I think we need to have compensation. I think we need to keep up to a degree, but I don't think it has to be the same. It's also -- I think it's kind of a fallacy to say, well, the more people you have the odds may increase, but if you have five people going for a seat, all five could be like, you know, do they really have the skill set to do it and you could have two people in the same district going they are both fantastic. Anyway. So, it does -- we do need to have the compensation. It does have to kind of keep up. Do we have to keep it up with -- rate of inflation I get to a degree. Keep up with general employees. It's a hard one. You guys spend a lot of time on it and I appreciate it. So, you know, I'm inclined to support that, because that's why we have you do it for us to step back and go, okay -- because there is a vested interest to some degree and, really, you never know what happens in election, so the next year, you know, it's going to be somebody else, you know, that's collecting that money for the -- for the amount of hours they put in there. So, anyway, just -- just a couple thoughts. But I think exploring further with Joe's idea, that's -- that's an interesting concept. Evarts: Yeah. Mr. Mayor, Councilman Hoaglun, I appreciate it and don't get hung up too much on the comparison of what city staff got and everything. The -- the logic that we were really using is we asked ourselves, you know, why were these adjustments made for the city and it was because of external economic factors. Everything's costing more. Fuel is costing more. Housing is costing more. Everything's costing more. And so we appropriately made the adjustment, you know, for staff and we felt it was appropriate to make the adjustment in these recommendations as well. As far as the -- the future, I just think it's one to chew on. I will absolutely -- and when I say I -- Mr. Nary will take a note that for two years from now after my coffee with Joe and whoever else wants to join -- bringing up other concepts. I think it's appropriate to explore that. It's a good group to explore that with. So, I'm happy to take that back as work to do in the future. I don't want this -- well, I don't want the committee to become, as you know, just Meridian City Council Work Session July 18,2023 Page 21 of 24 some, you know, what are the micro adjustments. I like tackling bigger thoughtful things. I think Joe provided something that -- you know, that's a little more meaty that we can chew on and -- because I believe in life you get what you incent. So, what are we incenting through this compensation. What are we incenting through the process and make sure that we are doing the right thing. Perreault: Mr. Mayor, a quick question. Simison: Council Woman Perreault. Perreault: So, in your slide you said that you discussed the proposed increases. As a result is the only -- even if the present increases only resulting in appropriate corrections based on inflation rates and expected value. Is that value that the public expects from their elected officials or what -- what did you mean by that? Evarts: Yeah. Mr. Mayor, Council Woman Perreault, yeah, this is a topic that I think I have touched on the last two times. This is expected value. This is the -- this is the high standard that you guys have set for yourselves, the fact that we are seeing you in the city, the fact that we know that you guys are putting in a lot of time outside of city council meetings. You guys aren't sitting up here obviously seeing the things for the first time. You know, you have done research, you have read staff reports, you are coming with thoughtful questions, you are doing research on your own, you are showing up at city events. So, this expected value is the -- is the sum total of this is -- this is kind of -- that -- that's the standard that you have set and we want to continue to invest in that standard. We -- we don't want to pay less, we want more of those kinds of activities and we feel that by making these recommendations we are going to continue to get that. Be a much different conversation if we thought you guys were all just short time in it and looking for spousal checks. Simison: Fair enough. Council, any further questions or comments? Or would you like providing direction to Legal? I feel like I have heard general consensus, but I would rather have someone from Council say it, so that Legal knows what to bring back for your consideration. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: Yeah. I think, you know, it would come back as a resolution. Is that correct, Bill? Nary: So, Mr. Mayor, Members of Council, so this comes back as an ordinance. So, we can put it on for next week if you would like. You can put it on for the first reading if you want to have a public hearing opportunity the next opportunity to be the 8th. So, it's really your call. I mean you can put it on for one meeting or you can put it on for a Meridian City Council Work Session July 18,2023 Page 22 of 24 hearing next week if you want. I don't know if we can get the word out that quickly, but certainly you can. Evarts: Mr. Mayor? Simison: Yes. Evarts: I think it's very appropriate to allow for public comment. So, if you were -- I'm going to just speak on behalf of the committee. We didn't talk about that, but I think it's appropriate to agenda and put it out there. If nobody shows up that's fine. But I do think that this is in the category as you guys are being thoughtful to allow the public to weigh in. Nary: And if that's the case, Mr. Mayor, I would recommend that we put it on next week's agenda for just the first reading only and, then, the second reading on the 8th could be a public opportunity to participate and, then, again, whatever that comes out you can pass it that night or put it on for another week if you want. We just need to have it done by that 15th date to meet the statutory requirement of when it has to be done. Cavener: Mr. Mayor? Simison: Mr. Cavener. Cavener: Question for Mr. Nary. Bill, are they -- is it two separate ordinances, one for Mayor and one for Council or are they tied together? Nary: They are two separate. Cavener: Okay. Thank you. That was my recollection. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: It sounds like I think everyone is in agreement with moving forward with those two ordinances and having that as he laid out for that plan. I agree. I don't think Councilman Cavener would disagree having public input, so -- Simison: Then we will have the recommendations coming back in the form of ordinances for the public process moving forward. Evarts: All right. Thank you. Simison: Josh, thank you very much and, again, kudos to everyone on the committee. Meridian City Council Work Session July 18,2023 Page 23 of 24 EXECUTIVE SESSION 10. Per Idaho Code 74-206A (1)(a): To Deliberate on a labor contract offer or to formulate a counteroffer. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we go into Executive Session, per Idaho Code 74-206A(1)(a). Perreault: Second. Simison: Motion and second to go into Executive Session. Is there discussion? If not, clerk will call the roll. Roll Call: Hoaglun, yea; Borton, yea; Cavener, yea; Perreault, yea; Strader, yea; Overton, yea. Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: ALLAYES. EXECUTIVE SESSION: (5:35 p.m. to 6:02 p.m.) Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we come out of Executive Session. Borton: Second. Simison: Have a motion and second to come out of Executive Session. All in favor signify by saying aye. Opposed nay? The ayes have it and we are out of Executive Session. MOTION CARRIED: ALLAYES. Hoaglun: Mr. Mayor? Simison: Councilman Hoaglun. Hoaglun: I move that we adjourn our work session. Borton: Second. Meridian City Council Work Session July 18,2023 Page 24 of 24 Simison: Have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it and we are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6:04 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 8 / 8 2023 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Gander Creek South No. 3 Sanitary Sewer Easement No. 1 (ESMT-2023-0090) f I ADA COUNTY RECORDER Trent Tripple 2023-041330 Proiect Name(Subdivision): BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 07/20/2023 08:12 AM Gander Creek South 3 CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer Easement Number: Identify this Easement by sequential number if Project contains more than one sanitary sewer easement. (See Instructions for additional information). i ESMT-2023-0090 i SANITARY SEWER EASEMENT THIS Easement Agreement, made this 1,h ,day of July 20,23 between Open Door Rentals LLC ("Grantor"), and the City of Meridian,an Idaho Municipal Corporation("Grantee"); WHEREAS, the Grantor desires to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer is to be provided for through underground pipelines to be constructed by others; and WHEREAS, it will be necessary to maintain and service said pipelines from time to time by the Grantee; NOW,THEREFORE,in consideration of the benefits to be received by the Grantor,and other good and valuable consideration, the Grantor does hereby give, grant and convey unto the Grantee the right-of-way for an easement for the operation and maintenance of sanitary sewer over and across the following described property: 6 6 i I (SEE ATTACHED EXHIBITS A and B) 3 The easement hereby granted is for the purpose of construction and operation of sanitary sewer and allied facilities, together with their maintenance, repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. t TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, its successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring { anything placed within the area described in this easement that was placed there in violation k f of this easement. C 6 THE GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any { permanent structures or obstructions within the easement area that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures,carports,sheds,fences,trees,or deep-rooted shrubs. Sanitary Sewer Easement Page I Version 04/17/2023 i THE GRANTOR covenants and agrees with the Grantee that should any part of the right-of- way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns,heirs,personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ) ss County of Ada ) This record was acknowledged before me on. ?�S 2, (date) by. f t'JQ✓ (name of individual), [complete the following if signing in a representative capacity, or strike the following if signing in an individual capacity] on behalf of V (name of entity on behalf of whom record was executed), in the following representative capacity:��✓p �� - (type of authority such as officer or trustee) (stamp) 4NotSignature ir.y Commission Expires: 7Sa TANYA A. LAMPMAN Notary Public-State of Idaho Commission Number 30051 My Commission Expires 07-16-2028 Sanitary Sewer Easement Page 2 Version 04/17/2023 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-18-2023 Attest by Chris Johnson, City Clerk 7-18-2023 i STATE OF IDAHO, ) : ss. f County of Ada ) I This record was acknowledged before me on 7-18-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 i i i i i i i r i i i Sanitary Sewer Easement Page 3 Version 04/17/2023 Exhibit A Gander Creek South Subdivision No. 3 29, 2023 A portion of the Southeast 1/4 of the Northeast 1/4 of Section 32, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, more particularly described as follows: Easement "A" Commencing at the Northeast corner of said Section 32 from which the East 1/4 corner of said Section 32 bears South 00032'37" West, 2,633.68 feet; thence South 18045'03" West, 1,619.71 feet to the POINT OF BEGINNING; thence South 01 000'47" West, 55.47 feet; thence North 88059'13" West, 20.00 feet; thence North 01°00'47" East, 55.47 feet; thence South 88059'13" East, 20.00 feet to the POINT OF BEGINNING. Containing 1,109 square feet or 0.025 acres, more or less. AND Easement "B" Commencing at the Northeast corner of said Section 32 from which the East 1/4 corner of said Section 32 bears South 00032'37" West, 2,633.68 feet; thence South 14°49'12" West, 2,039.25 feet to the POINT OF BEGINNING; thence South 14052'02" West, 41.00 feet; thence North 75007'58" West, 134.94 feet; thence North 14052'02" East, 20.00 feet; thence South 75007'58" East, 60.45 feet; thence North 75036'36" East, 42.97 feet; pr1P� L ANO < thence South 75007'58" East, 37.00 feet to the POINT OF �oENs `rG� BEGINNING. o �' Containing 3,869 square feet or 0.089 acres, more or less. 11779 N� Z'�acz3�o End of Description. �Op 9TF of P p� YM MCCPM� Page 1 of 1 S.29 1/4 S.29 S.28 • _ S.32 - - - - - - - - - - - - - - - - - - S.32 ,• S.33 I { I I co• - ;N - - Flee ;' ' ai Mile Cree k :r• :o I - Q7. N : •.ate' I :J— U) 00 I F I c0 rn Gander Creek South Point of c0 o� No. > SubdivisionBeginning "A" o N m l W O I c0: M rn _ IN o I I0 IN g ' Z I - Point of Beginning "B" I I I I I I C 1/4 - - - -- - - - - - - 1/4 - - - - • 5.32 S.33 M. LAND \'\GENS� G ,04N Of Scale: 1"=400' 1 779 100 9` /2o234, 0 200 400 800 �p TF OF \0 O� YM McCN P:\Gander Creek South No. 3 21-572\dwq\Exhibit_City of Meridian Sewer.dwq 6/29/2023 4:00:58 PM IDAHO Exhibit B 21b5N72 SURVEY B01 Sr EMERALDST. Gander Creek South Subdivision No. 3 Sheet No. BOIE,IDAHO 83704 n IN (208)846-8570 1 of L GROUP, LLC A portion of the SE1/4 of the NE1/4 of Section 32, Dwg. Date TAN., R.1W., B.M., City Of Meridian, Ada County, Idaho. 6/29/2023 Point of Beginning "A" S88'59'13"E 20.00 w � b o to Lo o 0 1 0 Z N 20.00 N88'59'13"W W N S 07' 8 S7 , 0 60.45E NTg•3636 E 3�j-0 E /1 2 Point of Beginning "B" 3 0 0 134 94 V. ;n N 750j58»w d pNPL At \,AGE N 1 779 � N Scale: 1"=20' � �2� ?�23 ° 'r 0 5 10 20 40 c0p9TF OF \D p� Y . MCCN P:\Gander Creek South No. 3 21-572 dwg\Exhibit_Clty of Meridian Sewer.dwg 6/29 2023 4:02:25 PM Job No. IDAHO Exhibit B 21-572 SURVEY BOSS,*EMERA374T. Gander Creek South Subdivision No. 3 Sheet No. BOISE,IOAHO 83704 s (208)846-8570 2 of 2 GROUP, LLC A portion of the SE1/4 of the NE1/4 of Section 32, Dwg. Date T.4N., RAW., B.M., City Of Meridian, Ada County, Idaho. 6/29/2023 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Torino Locust Grove Subdivision Water Main Easement No. 1 (ESMT-2023- 0092) N e, �ubdivisionh ADA COUNTY RECORDER Trent Tripple 2023-041247 tit'Mai a_fit ►U Via BOISE IDAHO Pgs=5 CHE FOWLER 07/19/2023 12:43 PM Identify this Easementbys tiatnumberif Projectcontains CITY OF MERIDIAN, IDAHO NO FEE more than one Water Main casement See bmwtions for additional mf htion). ESMT-2023-0092 WATER EASEMENT THIS Easement" Agreement, ade is 1 th , day of July " za 23 be- ("Grantor), and the City of Meridian, an Idaho Municipal Co o;tion ("Grantee"); WHEREAS, the Grantor desires to provide a water main right-of-way across the premises'- and property hereinafter particularly bounded described; and WHEREAS, e water main is to be provided for through underground pipelines to- e - co cted by others; andf WHEREAS, it will be necessary to maintain and service said pipelines from time to time by e teed NOW,THEREPORE,in consideration of the benefits to be received by the Grantor, and other good and valuable consideration,-the Grantor does hereby give, grant and convey unto the ' Grantee the right-of-way for an easement for the operation and maintenance of water Gins over and across the following described property: (SEE ATTAC14ED EXHD31TS A and ) -The easement hereby granted is for the purpose of construction and operation of water mains and their allied facilities, toe er with their maintenance,-repair and replacement at the convenience of the Grantee,with the free right of access to such facilities at any and all times. TO HAVE AND TO HOL , the said easement and ri t-of-moray unto the said Grantee, its f successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD D AGREED, by and between the parties hereto, that after making repairs or performing other maintenance,.Grantee shall restore the area of the t easement and adjacent property to that existent prior to undertaking such repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything'placed -within the area-described in this easement that was placed there in violation f of this casement. THE~GRANTOR covenants and agrees that Grantor shall not place or allow to be placed any ' permanent structures or obstructions within the easement ea that would interfere with Grantee's use of said easement, including, but not limited to, buildings, trash enclosures carports, sheds, fences, trees,:or deep-rooted shrubs. THE GRANTOR covenants and agrees with the - tee that should any part . of the right-of— way and easement hereby granted shall become-part of, or lie within the boundaries of any Water Main l; » to Past t Version 04/17/202 public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that Grantor is lawfully seized and possessed of the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said easement, and that Grantor will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. THE COVENANTS OF GRANTOR made herein shall be binding upon Grantor's successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: STATE OF IDAHO ) ss County of Ada ) This record was acknowledged before me on �ure?3baO'X�(date) by 12,►t s . (name of individual), [complete the following if signing in a representative ca acity, or strike the following if signing in an individual capacity] on behalf of (l4uS CA, (name of entity on behalf of whom record was executed), in the followink representative capacity:_Vl%rt-,S (type of authority such as officer or trustee) (stamp) �1 ANGELA MANNING Notary Signature Notary Public My Commission Expires:_Cd a) �a6o ---- State of Idaho Commission No. 20201987 Water Main Easement Page 2 Version 04/17/2073 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 7-18-2023 Attest by Chris Johnson, City Clerk 7-18-2023 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 7-18-2023 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. (stamp) Notary Signature My Commission Expires: 3-28-2028 Water Main Easement Page 3 Version 04/17/2023 xh�bi� -N I Torino Loc a grove._ SvbcAoA i\ovt wco� rvl.ak 2aO'e►v e v%'t --*- -1 EASEMENT DESCRIPTION FOR 30' WIDE INGRESS/EGRESS, PUBLIC UTILITY, AND DRAINAGE EASEMENT A parcel of land lying in the NW1/4 Sw1/4 of Section 17,Township 3 North, Range 1 East, Boise Meridian,Ada County,Idaho,said parcel being more particularly described as follows: Commencing at a Brass Cap marking the South West corner of said Section 17, from which a Brass Cap marking the West 1/4 corner bears N.00"30'32"E. 2659.49 feet;thence along the West line of said Section 17, N.00°30'32"E. 2449.90 feet to a point;thence 5.89029'28"E.48.00 feet to a point, said point being the POINT OF BEGINNING; Thence 5.00°30'32"W. a distance of 30.00 feet to a point; Thence 5.89°58'54"E. a distance of 252.00 feet to a point; Thence N.00"30'31"E. a distance of 30.00 feet to a point; Thence N.89"5854"W. a distance of 252.00 feet to a point, also being the POINT OF BEGINNING. L 15758 Z3 °f �'*� E)(iblt b -Tonvio Lou,-,y+ Firm•, soo4i 5j'evt v1ci� Ems= a, f -1 EXHIBIT DRAWING SHOWING AN INGRESS/EGRESS, PUBLIC UTILITY, AND DRAINAGE ; EASEMENT WITHIN THE FUTURE TORINO LOCUST GROVE SUBDIVISION, LYING IN THE NW 1/4 OF THE SW 1/4 OF SECTION 17, T.M., RAE., B.M., ADA COUNTY, IDAHO. NO' 30' 31"E 150.00' 60.00' I I I I I I I I I I O I I I i � I t N E a N N N N �j W ar DoCroroS+ 2 Z I I V2 go I I � f CD i 15758CAN 60.00* 30.00' — 60.00' SO' 30' 32'W 150.00'' — s ro o � � wtih n 20e.59' 2449.90' LOCUST GROVE ROAD R �_ r z ° SO' 30' 32'W 2659.49' _ R # BASIS OF BEARINGS I $ LEGEND � SECTM UNE --• 80UNDARY UNE PROPOSED PROPERTY LINE -- -- — --- — — — £AS£MENT �DRAKAAOE EASEEMENNT&JC unu tY O FOUND 5/6' IRON PIN CHAt'HIC 5 ALE • PROPOSED 1/2' IRON PIN 25 50 lam FOUND BRASS CAP EPLACEDzw%S B IRON PIN w/CAP (w FM) CALCULATED POINT-NOT SET I i�h. 60 R. � LOT NUMBER WE f J.J. HOWARD 6/215/23 i 1\ 6 01 1 TORINO LOCUST GROVE SUBDIVISION i ���R /�Amm� I. '. CL 5 210807EASEMENT EXHIBIT E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Plat for PAW Subdivision (FP-2022-0034), located at 1680 W. Ustick Rd, by Kent Brown Planning Services STAFF REPORT C:�*%- W IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT HEARING July 18,2023 Legend DATE: L-O Project Location 0 TO: Mayor&City Council �`���� ,��� v R-4 R-4 FROM: Stacy Hersh, Associate Planner RUT IRUT R � 208-884-5533 R-15 SUBJECT: PAW Subdivision ° R1 C=C A a C-�N- FP-2022-0034 �® R-15 1 _ LOCATION: 1680 W.Ustick Road in the SE /4 of the �FRm8 '/4 SE of Section 25,Township 4N., �� - ® RUTS � R-8 Range 1W(Parcel#SO435449705 & ® � � RUT SO435449025) � FD'W-A' $1�mTfl7rm ,Tr(fl,T,rrrrll-R,..�,-`� RUT 1. PROJECT DESCRIPTION The Applicant proposes a Final Plat consisting of one (1)commercial lot,two(2)vertically integrated building lots containing 12 residential units, 33 single family residential lots,and ten(10)common lots on 4.77 acres of land in the C-C and R-40 zoning districts. II. APPLICANT INFORMATION A. Applicant: Kent Brown,Kent Brown Planning Services 3161 E. Springwood Drive, Meridian, ID 83642 B. Owner: Kevin Amar,Rama Group LLC— 1580 W. Cayuse Creek Drive,Meridian, ID 83646 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(Pavilion at Windsong Subdivision CUP,MDA,PP, RZ, PS H-2021-0102) as required by UDC 11-613-3C.2. The submitted final plat is for the same number of building lots and common lots approved with the preliminary plat;therefore, staff deems the final plat in substantial compliance with the approved preliminary plat as required. Pagel IV. DECISION Staff- Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 9/22/2021) g P PU BYD UT FOR y 31 I fi ss Mwv a } n ®PLAN SHEET INDEX Auz ! wawa. was,mwwr wn oco.s -nuucw"'r�"Pxavrxncs 1 T TO - . 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Landscape Plan(dated: 6/16/23) awouw - e� r F 1 o mnrrh-r N ...............r '- I ' I i O - - H-r I el it I + I --r •_==-___----=—r•==- ---`_--�- J,�IIIIIIIIIIIII�1' nevus -- ----- - - � _Lion .� r------------------------------------ ----7 -.�....._.. ••� I �®- ' O m. JACCESS DRIVE o eu xc a o R,: E— E r p _L_ w ceossvnNo FT. I s C.)I BLOCK 3 COD I o I W HOMESTAKE LNG - .Q Iy �/ Jill III �- ---- --_-=o---- L101 � Page 5 —" GROUP ���®_ L--- - ----- -- -- -- - -- -- - E_--- --- -- EVIWIN E ' !1 N I I r— I I a�• I F _ FT �- -------- - _-___--------- ---------- t ——4 Isnosrsre 4 —L102 q Page 6 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: 1. Applicant shall comply with all previous conditions of approval associated with this development(CUP,MDA,PP, RZ, PS H-2021-0102,Development Agreement#2022- 063228). 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Council's approval of the preliminary plat(June 7,2024),the preliminary plat shall become null and void unless a time extension is obtained,per UDC 11-613-7. 3. Prior to submittal for the City Engineer's signature,have the Certificate of Owners and the accompanying acknowledgement signed and notarized. 4. The final plat prepared by Clinton W. Hansen,Bailey Engineering,Inc., dated 10/3/2022, included in Section VII.B shall be revised as follows: a. Note#14: Include recorded instrument number of City of Meridian water and sewer easement. b. Note#16: Include responsible party or parties for repair and maintenance of the private street and submit the documentation/contract to the City. c. Note#17: Include recorded instrument number of ACHD license agreement. d. Note#18: Include recorded instrument number of City of Meridian development agreement. 5. The landscape plan prepared by Stack Rock Group, dated 6/16/23, shall be revised as follows: a. Depict the width of the pathways along W. Ustick Road and N. Linder Road. b. Depict landscaping in the buffers along N. Linder Road and W. Ustick Road per the standards listed in UDC 11-3B-7C (all required landscape buffers along streets shall be designed and planted with a variety of trees, shrubs, lawn, or other vegetative ground cover. Plant materials in conjunction with site design shall elicit design principles including rhythm,repetition,balance, and focal elements). 6. Obtain approval for the proposed street names for each private road along the north boundary serving access to the residential units. 7. Future development of this site shall be generally consistent with the conceptual site plan, landscape plan, and elevations approved with H-2021-0102 included in the Development Agreement. 8. At the time of CZC or plat,public accessibility for the central open space shall be specified in the CC&Rs,maintenance agreement or property owner's association agreement. 9. At the time of CZC or plat,an executed shared-parking agreement between the commercial lots and the vertically integrated structures shall be submitted. 10. All private streets shall meet the requirements of UDC 11-3F-4. 11. All common lots,streets and alleys shall meet the requirements of UDC 11-6C-3. 12. There should be a consistent architectural theme throughout the development. Administrative design review will be required for all new attached residential structures containing two (2) or Page 7 more dwelling units. Design review and certificate of zoning compliance will be required for any commercial buildings or vertically-integrated buildings. 13. The developer shall comply with the specific use standards for vertically-integrated projects as listed in UDC 11-4-3-41. 14. A conditional use permit shall be required for the drive through establishment shown on the commercial lot. 15. Direct access to N. Linder Rd. and W. Ustick Rd. is prohibited. All existing curb cuts shall be replaced with curb, gutter and sidewalk. 16. Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-1. 17. Protect any existing trees on the subject property that are greater than four-inch caliper and/or mitigate for the loss of such trees as set forth in UDC 11-3B-10. 18. Staff s failure to cite specific ordinance provisions or conditions from the preliminary plat and/or development agreement does not relieve the Applicant of responsibility for compliance. B. Public Works Site Specific Conditions: 1. Sewer and water running in parallel require 30ft easement. 2. Ensure no permanent structures (trees, bushes, buildings, carports, trash receptacle walls, fences,infiltration trenches,light poles, etc.)are built within the utility easement. 3. Ensure no sewer services pass through infiltration trenches. 4. Water lines, fire hydrants and services up to the meter require 20' easements. Easement to extend 10'beyond fire hydrant,water meters or termination of the main. 5. Ensure no permanent structures (trees, bushes, buildings, carports, trash receptacle walls, fences, infiltration trenches, light poles, etc.)are built within the utility easement. 6. Streetlights must be activated and record drawings approved prior to any form of occupancy. General Conditions: 7. Sanitary sewer service to this development is available via extension of existing mains adjacent to the development. The applicant shall install mains to and through this subdivision;applicant shall coordinate main size and routing with the Public Works Department,and execute standard forms of easements for any mains that are required to provide service. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 8. Water service to this site is available via extension of existing mains adjacent to the development. The applicant shall be responsible to install water mains to and through this development, coordinate main size and routing with Public Works. 9. All improvements related to public life,safety and health shall be completed prior to occupancy of the structures. Where approved by the City Engineer, an owner may post a performance surety for such improvements in order to obtain City Engineer signature on the final plat as set forth in UDC 11-5C-3B. 10. Upon installation of the landscaping and prior to inspection by Planning Department staff,the applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A. Page 8 11. A letter of credit or cash surety in the amount of 110% will be required for all incomplete fencing, landscaping, amenities,pressurized irrigation,prior to signature on the final plat. 12. The City of Meridian requires that the owner post with the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The applicant shall be required to enter into a Development Surety Agreement with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 13. The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, and water infrastructure for a duration of two years. This surety amount will be verified by a line item final cost invoicing provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 14. In the event that an applicant and/or owner cannot complete non-life,non-safety and non-health improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a surety agreement may be approved as set forth in UDC 11-5C-3C. 15. Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 16. It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 17. Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 18. Developer shall coordinate mailbox locations with the Meridian Post Office. 19. All grading of the site shall be performed in conformance with MCC 11-1-413. 20. Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill,where footing would sit atop fill material. 21. The engineer shall be required to certify that the street centerline elevations are set a minimum of 3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1-foot above. 22. The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 23. At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the proj ect. 24. Street light plan requirements are listed in section 6-7 of the Improvement Standards for Street Page 9 Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility Coordinator at 898-5500 for information on the locations of existing street lighting. 25. The applicant shall provide easement(s)for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20-feet wide for a single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement(on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I I" map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted,reviewed, and approved prior to signature of the final plat by the City Engineer. 26. Applicant shall be responsible for application and compliance with and NPDES permitting that may be required by the Environmental Protection Agency. 27. Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at (208)888-5242 for inspections of disconnection of services. Wells may be used for non- domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources. 28. Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment procedures and inspections. 29. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water(MCC 9-1-28.C.1).The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available,a single-point connection to the culinary water system shall be required. If a single-point connection is utilized,the developer will be responsible for the payment of assessments for the common areas prior to development plan approval. 30. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting, crossing or laying adjacent and contiguous to the area being subdivided shall be addressed per UDC 11-3A-6. In performing such work,the applicant shall comply with Idaho Code 42-1207 and any other applicable law or regulation. Page 10 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Construction Contract to Alloway Electric Co., Inc. for the Streetlights-Linder Road-McMillan to Chinden (LED Upgrades) for the Not-To-Exceed amount of $240,020.55 C� f1E RIDIA4, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Keith Watts Meeting Date: 7/18/2023 Presenter: N/A Estimated Time: N/A Topic: Approval of Construction Contract to Alloway Electric Co., Inc. for the Streetlights- Linder Road-McMillan to Chinden (LED Upgrades) for the Not-To-Exceed amount of $240,020.55 Recommended Council Action: Approval of Construction Contract and resulting Purchase Order and authorize the Procurement Manager to sign. Background: This is a public works construction project. CONTRACT FOR PUBLIC WORKS CONSTRUCTION STREETLIGHTS-LINDER ROAD- MCMILLAN TO CHINDEN (LED UPGRADES) PROJECT # 11235 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 11th day of July, 2023, 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, Alloway Electric Co., Inc. hereinafter referred to as "CONTRACTOR", whose business address is 502 E. 45th Street, Boise, ID 83714 and whose Public Works Contractor License# is PWC-C-12494. INTRODUCTION WHEREAS, the City has a need for LED Upgrades of Streetlights-Linder Road- McMillan to Chinden per established plans and specifications; 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. Streetlights-Linder Road-McMillan to Chinden (LED Upgrades) Project#11235 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 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 $240,020.55. 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 or material escalations. 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. Streetlights-Linder Road-McMillan to Chinden (LED Upgrades) Project#11235 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. 4. Liquidated Damages: Substantial Completion shall be accomplished within 60 (sixty) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefitof 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 timeperiod in the amount of$300.00 (three hundred dollars) per calendar day. Suchpayment shall be construed to be liquidated damages by the Contractor in lieu ofany 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 beliable 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 anycause,Contractor,its officers,employees,oragents failsto fulfill in a timely and proper manner its obligations under this Agreement, violatesany of the covenants, agreements, or stipulations of this Agreement, falsifies anyrecord 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 City determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate thisAgreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen (15) days before the effectivedate 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 Agreementshall, at the option of the City, become its property, and Contractor shall beentitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Streetlights-Linder Road-McMillan to Chinden (LED Upgrades) Project#11235 5.2 Notwithstanding the above, Contractor shall not be relieved of liability tothe 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 ofdamages due the City from Contractor is determined. This provision shallsurvive 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, employeeor 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 ofthe personnel of the City in the performance of this agreement shall be made bythe 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 Streetlights-Linder Road-McMillan to Chinden (LED Upgrades) Project#11235 Streetlights-Linder Road-McMillan to Chinden (LED Upgrades) Project#11235 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 with a Best's rating of no less than A-. 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. Streetlights-Linder Road-McMillan to Chinden (LED Upgrades) Project#11235 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.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. Streetlights-Linder Road-McMillan to Chinden (LED Upgrades) Project#11235 ��� 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 datarelating 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 ensure 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 orlocal 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 aCourt of Streetlights-Linder Road-McMillan to Chinden (LED Upgrades) Project#11235 0 competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeitureof 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 underthis 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 Pay Application/Invoice against the Milestone/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 willapprove the pay request for processing. City of Meridian payment terms are Net 30from 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. Retainage of five percent (5%) of the current contract value will be withheld from the final pay application(s) until final completion has been met and releases from both the IdahoTax Commission and Surety have been received by the City. 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 Streetlights-Linder Road-McMillan to Chinden (LED Upgrades) Project #11235 01�1 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 complywith 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 Alloway Electric Co., Inc. Procurement Manager Attn: Joe Deaver 33 E Broadway Ave. 502 E. 45th Street Meridian, ID 83642 Boise, ID 83714 208-489-0417 Phone: 208-921-6906 Email: joe@allowayelectric.com Idaho Public Works License #: PWC-C-12494 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. Streetlights-Linder Road-McMillan to Chinden (LED Upgrades) Project#11235 CITY OF MERIDIAN: ALLOWAY ELECTRIC CO., INC.: BY: BY: Z-1DO ik - '-, KEITH WATTS, Procurement Manger DEAV R, Operations Manager DATED: 7-18-2023 Z Co —Zs vs DATED: � Project Manager: Micah Bandurraga Approved by Council: 7-18-2023 Streetlights-Linder Road-McMillan to Chinden (LED Upgrades) Project#1 1235 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID (BID NUMBER) ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # (BID NUMBER), are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the current 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: • 5 - Drawings—Plans for Streetlights-Linder Road McMillan to Chinden (LED Upgrades). • 6 - Specifications for Streetlights-Linder Road- McMillan to Chinden (LED Upgrades). Streetlights-Linder Road-McMillan to Chinden (LED Upgrades) Project #1 1235 EXHIBIT B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $240,020.55. MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion (60) Days from Notice to Proceed Milestone 2 Final Completion (90) Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment and incidentals as required for the Streetlights-Linder Road-McMillan to Chinden (LED Upgrades). NOT-TO-EXCEED AMOUNT.............................................$240,020.55 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 I Quantity Unit Unit Price I Installation/Replacement of Streetlights-Linder 1 LS $240,020.55 Road-McMillan to Chinden (LED Upgrades) a. Install 35' Pole with 12' Mast Arm and LED Fixture= Qty 12. b. Install Junction Boxes = Qty 22. c. Install 30' Davit Pole= Qty 10. Streetlights-Linder Road-McMillan to Chinden (LED Upgrades) Project#11235 } E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Task Order for Fabrication and Installation of Discovery Park Artwork: The Hole Ball Game Between UrbanRock and the City of Meridian for a Not-to-Exceed Amount of $45,000.00. TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK ARTWORK: THE HOLE BALL GAME This TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK ARTWORK: THE HOLE BALL GAME ("Agreement") is made this 18thday of July , 2023 ("Effective Date"),by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and UrbanRock Design, a sole proprietor business organized under the laws of the state of California("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, City desires that public art will be a component of the phase II construction of Discovery Park, and to that end, requested a proposal for Artist to submit a design for original interactive artwork to be installed at Discovery Park; WHEREAS,Artist and City have entered into a Master Agreement for Professional Services: Park Identities Public Art Roster("Master Agreement"), which establishes the terms and conditions under which City may invite Artist to provide services including consultations, design, installation, maintenance, and repair of artwork, pursuant to separate project task order(s) setting forth specific conditions, compensation amount, and scope of work; WHEREAS,Artist proposed the fabrication and installation of The Hole Ball Game, a four-part powder-coated aluminum silhouette sculpture, as generally depicted in Exhibit A hereto ("Artwork"); WHEREAS,project stakeholders representing the Meridian Parks and Recreation Department, and the Public Art Committee of the Meridian Arts Commission evaluated Artist's proposals submitted and selected Artist's proposal for recommended installation; WHEREAS, on June 8, 2023, the Meridian Arts Commission reviewed the Artist's proposal, and recommends to the Meridian City Council that Artist's proposal be commissioned for full design and installation; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall design, fabricate, and deliver four(4)powder-coated metal silhouette sculptures as described and depicted in Exhibit A, and an informational sign as generally depicted in Exhibit B, and shall install such Artwork and sign at Discovery Park, in Meridian, Idaho, in the specific location designated by the Meridian Arts and Culture Coordinator("Site"). Artwork design and installation shall comply in all respects with established industry and engineering standards, Idaho Standards for Public Works Construction, all established policies and ordinances of the City of Meridian, and the direction of the Meridian Arts Commission, the Meridian Parks and Recreation Department and the Arts and Culture Coordinator. TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK: THE HOLE BALL GAME PAGE 1 II. COMPENSATION. A. Total amount. The total payment to Artist for the design, fabrication, and installation of the Artwork shall be forty-five thousand dollars ($45,000.00). This amount shall constitute full compensation for any and all design, fabrication, installation, delivery, and other services; travel; materials; shipping; contingency; commission; artist fee; and other costs of work to be performed or furnished by Artist. B. Method of payment. Artist shall provide to City invoices for services and/or materials provided pursuant to the payment schedule set forth herein, which City shall pay within thirty(30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist. C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. City Approval of Detailed Plan,Engineering Approval, and Other Items: $15,000.00 shall be paid to Artist within thirty(30) days of the Arts and Culture Coordinator's approval of Artist's detailed plan for design, fabrication, and installation of the Artwork at the Site ("Detailed Plan"); engineering approval; and a building permit application. The Detailed Plan shall include: a. Detailed project timeline; b. Detailed site plan for the location and positioning of installation of the Artwork at Site; c. Engineered, stamped plan for installation of footings and foundations; d. Plan for transportation of artwork to Site for delivery and installation; e. Plan for any site restoration regarding landscaping and utilities, if necessary; f. Plan for engaging an independent testing agency to test and inspect construction materials and methods, if necessary. g. Final construction drawings and structural calculations for Artwork,prepared and stamped by an engineer certified in the state of Idaho; h. Proof of application for a building permit from the City of Meridian Community Development Department/Building Division, and for any permits required by from the City of Meridian Community Development Department/Planning Division. i. Rendering or proof of the content of the informational sign to be installed with the Artwork. 2. Fabrication of Artwork, Metal Cut, Prior to Welding and Powder Coating: $7,000 shall be paid to the Artist within thirty(30) days of the submission of video, or photos taken within the previous twenty-four(24) hours to the Arts and Culture Coordinator, demonstrating metal is cut,prior to welding and powder coating of Artwork, and confirmation by the Arts and Culture Coordinator that the work meets the standards set forth in this Agreement and Artist's representations as set forth in the proposal set forth in Exhibit A. TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK: THE HOLE BALL GAME PAGE 2 3. Completion of Fabrication of Artwork: $15,000 shall be paid to the Artist within thirty(30) days of Artists' completion of fabrication of the Artwork and informational sign, as demonstrated to the Arts and Culture Coordinator and confirmed by the Arts and Culture Coordinator that the work meets the standards set forth in this Agreement and Artist's representations as set forth in the proposal set forth in Exhibit A. 4. Installation of Artwork and Final Completion: $8,000.00 shall be paid to the Artist within thirty(30) days of Final Completion and Final Acceptance. Final Completion shall be defined as: a. Complete installation of the completed Artwork and informational sign at the Site, in coordination with and as confirmed by the Arts and Culture Coordinator; b. Artist's submission to the Arts and Culture Coordinator of a report from an independent testing agency approving construction materials and methods, if requested; c. Final inspection and approval of the installation of Artwork at the Site by the Arts and Culture Coordinator and City Building Official; d. Artist's submission to the Arts and Culture Coordinator of a recommended maintenance plan for the Artwork; e. Execution of a mutually agreed-upon acceptance agreement to include Artist's indemnification of City; express waiver of Artist's right, title, or interest in the Artwork; and waivers of lien from any and all sub-contractors and major materials suppliers; which agreement shall be prepared by the City Attorney's Office; and Final Acceptance, which shall be defined as: f. Meridian City Council's approval and execution of the acceptance agreement; and g. City Council's adoption of a resolution indicating that the City accepts the delivery of the Artwork as designed, fabricated, and installed. III.TIME OF PERFORMANCE. A. Timeline. In addition to the benchmarks set forth in the timeline prepared by Artist as part of the Detailed Plan, the Parties shall meet the following deadlines: 1. By 5:00 p.m.,July 14, 2023: Artist shall submit to the Arts and Culture Coordinator the Detailed Plan. The Arts and Culture Coordinator shall review, request modifications as necessary, and approve the Detailed Plan, either as submitted or as modified pursuant to mutual agreement, within fourteen(14) days of receipt thereof. Artist shall submit to the Arts and Culture Coordinator the final construction drawings and engineered structural calculations for Artwork and proof of application for any and all applicable building and planning permits. By this date, Artist shall also coordinate with the Arts and Culture Coordinator to determine placement of the Artwork at the Site. 2. By 5:00 p.m., September 8, 2023: Artist shall complete fabrication of the Artwork and obtain written approval of same by the Arts and Culture Coordinator. The Arts and Culture Coordinator shall approve, or approve as modified, the Artwork within TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK: THE HOLE BALL GAME PAGE 3 seven(7) days of Artist's notice of such completion. Prior to issuing approval, the Arts and Culture Coordinator shall determine that the Artwork is in keeping with the standards set forth in this Agreement and with Artist's representations as set forth in the proposal set forth in Exhibit A, with the limited exception of non-material design refinements and/or improvements. 3. By 5:00 p.m., September 29, 2023: Artist shall be responsible for installation of Artwork at the Site. The Arts and Culture Coordinator may extend the date of installation of Artwork for a reasonable amount of time only if such delay is due to circumstances and events beyond the control of Artist or pursuant to a written agreement by the Parties. 4. By 11:59 p.m., October 13, 2023: Provided that Artist has completed Final Completion, as provided herein, the Parties shall execute Final Acceptance of the Artwork. B. Time of the essence. The Parties acknowledge that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Inspection. Upon the Arts and Culture Coordinator's request, the Artist shall provide the Arts and Culture Coordinator and/or City with reasonable opportunities to review the progress of the Artwork to ensure compliance with the timeline and the proposal as described and depicted in Exhibit A hereto or as otherwise mutually agreed by the Parties in writing. If during such inspection, or in the course of the approval processes required herein, the Arts and Culture Coordinator or City concludes that the Artwork or any portion or component thereof do not conform to the timeline or to the proposal as described and depicted in Exhibit A hereto or as mutually agreed by the Parties in writing, notice of the specific non-conformity and request for Artist to address the specified non- conformity shall be given to Artist in writing as soon as practicable. Artist shall have fourteen(14) days to address and correct any non-conformity. If, upon Arts and Culture Coordinator's re-inspection, the Arts and Culture Coordinator concludes that the Artwork or the nonconforming portion or component thereof remain nonconforming, termination procedures may commence. City's failure to disapprove in writing shall constitute presumptive approval of the Artwork as inspected. IV.MAINTENANCE AND REPAIR. A. Two years following Final Acceptance. Artist shall be fully responsible for all parts and workmanship of the Artwork for a period of two (2) years after City's Final Acceptance of the Artwork, and during such time shall replace any defective parts and/or rework any defective craftsmanship in a timely fashion at no cost to City, except that during such period Artist shall not be required to replace or repair any damage to the Artwork caused by City's employees, by vandalism, or by an act of God. TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK: THE HOLE BALL GAME PAGE 4 B. Determination of need for repair. At all times, including in the first two years following Final Acceptance, City shall make any and all determinations regarding whether the Artwork' parts and/or craftsmanship require maintenance, restoration, or repair. Artist may be asked to provide input regarding such matters, but all decisions regarding the need for maintenance, restoration, or repair shall be made by City. C. Maintenance, restoration, and repair. City shall provide basic maintenance, restoration, and repair of the Artwork at City's cost. In the event that the Artwork is damaged or destroyed, in whole or in part, City may, at its sole election, restore the Artwork, subject to receipt of any insurance proceeds and availability of sufficient funds. V. CREATION,INTEGRITY,AND OWNERSHIP OF ARTWORK. A. Waiver and relinquishment of rights. Between Artist's Final Completion and City's Final Acceptance, Artist shall expressly waive any and all right, title, or interest in the Artwork. Artist understands that this waiver shall include waivers of the rights of reproduction, adaptation, publication, and display, except as otherwise permitted by this Agreement. Artist agrees to relinquish any and all rights, title, and interest to the Artwork developed in connection with this Agreement, and hereby expressly waives any rights Artist has to the Artwork, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. §§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. B. Limited edition. Artwork shall be one of a limited edition of one (1). Artist warrants and represents that the Artwork designed, fabricated, and installed pursuant to this Agreement has never heretofore been designed, fabricated, installed, created, published, or copied and that Artist is the sole creator and owner of all rights in the Artwork and the design thereof. C. Ownership. Upon City's Final Acceptance, the Artwork shall be owned by City. Following Final Acceptance, City may remove the Artwork from the Site and/or move the Artwork to another location, at City's sole election and discretion. D. No copyright. Artist shall not make any claim to the copyright of the Artwork. E. Photographs of Artwork by City. City may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as City may desire for educational and public information purposes. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof,provided that photographic reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK: THE HOLE BALL GAME PAGE 5 F. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as Artist may desire for marketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such Artwork,provided that reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. G. Models of Artwork. City shall at no time create any model, maquette, replica, copy, or any other three-dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with Artist governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. Upon Final Completion, Artist shall not create any new model, maquette, replica, copy, or any other three-dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with City governing the creation, use, and/or sale of such model, maquette, replica, copy, or reproduction. This provision shall not prevent Artist's creation of any model or mock-up for purposes of designing and/or engineering Artwork prior to Final Completion. H. Alteration of Artwork. If any alteration occurs to the Artwork after installation, whether intentional or accidental and whether caused by City or others,upon written request of Artist, such Artwork shall no longer be represented to be the work of Artist, unless otherwise allowed by Artist in writing. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Artwork as provided for under Idaho or federal law, whether by statute or otherwise. I. Removal from display. City shall have the right to remove the Artwork from Site and/or from public display. In the event that City determines that the Artwork or any component thereof shall be sold, Artist shall be provided the first right of refusal to purchase the Artwork or such component from City. Should Artist choose to purchase the Artwork pursuant to this provision, the price of the Artwork shall be the fair market value thereof. This provision shall expire upon the death of Artist and shall not be extended to Artist's estate unless City so elects. J. Subcontracting or assignment of obligations.Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise, including,but not limited to, such obligations as transport and installation of the Artwork, and other obligations as outlined in Artist's proposal as set forth in Exhibit B. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. VI. INDEMNIFICATION,WAIVER,AND INSURANCE. A. Indemnification. Artist shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK: THE HOLE BALL GAME PAGE 6 claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or business invitees, occurring before City's Final Acceptance of the Artwork. B. Waiver. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. C. Insurance to be obtained by Artist. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, each and all of the following: 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,000.00)per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and her employees, agents, and/or workers in fabricating, transporting, and installing the Artwork and/or components or materials thereof, including coverage for owned, non- owned, and hired vehicles, as applicable. 2. Workers' compensation insurance. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, and throughout the course of this Agreement, workers' compensation insurance, in an amount required by Idaho law, whichever is higher, to cover any and all persons employed by Artist. 3. Insurance of Artwork. Upon completion of the sculptures, through City's Final Acceptance of Artwork, Artist shall procure and maintain, at Artist's own expense, in an all-risk form with limits of not less than fifty thousand($50,000), and any deductible not to exceed five hundred dollars ($500) each loss, with any loss payable to City. Artist agrees to bear all risks of loss of and/or damage to the Artwork until City's Final Acceptance of Artwork. D. Proof of insurance. Artist shall provide to City, within seven(7) days of the Effective Date of this Agreement, written proof that Artist has obtained all insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist's insurance agent shall notify City immediately. E. Insurance to be obtained by Artist's subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general liability insurance and workers' compensation insurance in the amounts described herein. Artist shall provide to City, TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK: THE HOLE BALL GAME PAGE 7 within twenty-four(24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained all insurance required hereunder. F. Insurance to be obtained by City. City shall obtain all necessary property and commercial general liability insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Upon City's Final Acceptance of the Artwork, City shall obtain property insurance for the Artwork. G. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty(30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty(30) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City, City shall compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any verified additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the total amount of compensation allowed hereunder. 2. Default by Artist. In the event of termination for non-performance or default by Artist, except that caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become City's property. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist's default or breach of this Agreement. City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK: THE HOLE BALL GAME PAGE 8 B. Termination without cause. City may terminate this Agreement for any reason at any time by providing fourteen(14) days' notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. In the event of termination caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option,become its property, and the right to fabricate and/or complete fabrication of the Artwork shall pass to City. Notwithstanding this provision, neither Artist nor Artist's estate shall be relieved of any liability for damages sustained by City attributable to Artist's default. City may reasonably withhold payments due to Artist or to Artist's estate until such time as the exact amount of damages due to City from Artist or Artist's estate is determined. Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist or Artist's estate of liability to City for damages. D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent,joint venturer, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Artist understands, acknowledges, and agrees: 1. Artist is free from actual and potential control by City in the provision of services under this Agreement. 2. Artist is engaged in an independently established trade, occupation,profession, or business. 3. Artist has the authority to hire subordinates. 4. Artist owns and/or will provide all major items of equipment necessary to perform services under this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK: THE HOLE BALL GAME PAGE 9 C. Non-Discrimination. Throughout the course of this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. F. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation,performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. G. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. H. Interpretation.Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. I. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. J. Successors and Assigns. All of the terms,provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. K. Notice. Day-to-day communications between Artist and the Arts and Culture Coordinator may occur by telephone. Any and all notice required to be provided by either of the Parties hereto,unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail or upon sending via e-mail, addressed as follows: Artist: Arts and Culture Coordinator: TASK ORDER FOR FABRICATION AND INSTALLATION OF DISCOVERY PARK PUBLIC ARTWORK: THE HOLE BALL GAME PAGE 10 Russell Rock, Owner Cassandra Schiffler UrbanRock Design Parks and Recreation Department 670 Moulton Ave, Studio 7 33 E. Broadway Ave. Ste 206 Los Angeles, CA 90031-3472 Meridian ID 83642 st even.c.j2arkcr(aigmail.com (208) 489-0399 cschifflcr(wmcridiancity.org Either party may change her/its address for the purpose of this provision by giving written notice of such change in the nianncr herein provided. L. Exhibits. All exhibits to this Agreement are incorporated by refcrence and made a part of hereof as if the exhibits were set forth in their entirety herein. M. Cite Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the Effective Date first written above. ARTIST: Russell Rock,Owner P I o Z 3 UrbanRock Design CITY OF MERIDIAN: BY: Attest: Robert E. Simison, Mayor 7-18-2023 Chris Johnson,City Clerk 7-18-2023 TASK ORDER FOR FABRICATION ANC INSTALLATION OF Disco 'ERY PARK PUBLIC ARTWORK: TIIF HOOF HALL GAME PAGE I 1 e EXHIBIT A Discovery Park Public Art Project Meridian Arts Commission Meridian, ID The Artists r JEANINE CENTUORI RUSSELL ROCK UrbanRock Design Artwork . a ''` i `i !(I '�►� �+` ' ����� - s akh�s;i PIN' it I�.ir�.�i. .. .��.. IuT�'I,I,, N, wmar fiUUI�I�xI�! ,,,. , i11:�:�11:► I f .F� r � Jv "Fit f jki"'I", . ; * - a„ ; , ,� � L� GU Elli f • - -`�'f• 7�memo memo NNW CID _WOW z �w"'� .�/'..• i _ , � - yy �- !�1t .!mow..� j�/, r!�/'i. _ ,�.yi� � .c Y' .. .a -. .a.�s_ � .. r �5.. �«..wi. ... ,v�p�.r � '`K�'.�+.,���y.'+.•... + �. - .. -, r^�'.'7 ♦l. ,`., 'sue _. �-�' � ~ ._,�r� •� J�rY"•<� -iti i':.ra �::;�►�h-r.�r�`�.�nt'y�r Pvi1!nJ""�f7^3�,��' - � .yam`. ,.Z.. r :.. :� .T•y( .�.�Q.tki.'� y�tir's-i�y SA i�k^` � �0 .. .�. i - ._. ...�. �`':f✓,�_.� ,. ....�, r� i, :% f,7,'�;�y..'a�'Y..~::. '� �^�' _�.."T ia "......`�.:-f�ir.....f.,r•'kpn.•h �M!'...`a/?h s...C����P:e.P.=}+liY� _., .. Dreiser - Shadows of Meaning i - L ��.�, ..,� •"yi.i' .. •�G'+j�� ±ice .y , r :744x8 'e � lY-iceE iite Lines Past �._ ti ...\ Fly � ♦ /,f �,' � _ ,�-. ' R u h. 1 sq 14��' ���j f ���� � f j � L .. � ,1 t. J �' j'V - � S `` i4� Y f����'� � •' " �y rJ►. �`l r) \SF. 1_ '{,' 1 +9. _�'-"_'/ ./:. �Tlt ,tie� � � � ♦ � .v R�t J •. �I�7. w.L•ff3 iK�flXt -_ '�'�;J �" "H i y` .! .L _��l 5,� e '\ t'• �y M 1 >I,•Y '•R� Y r �,` 0��."' - �� _ � �t ?wI .I$I. �`• ��,. ('f� �f I y� ��r�s� '�� � ,Rite 4 �{ � i L i �• r The Hole Ball Game r 1 • "� _ .. -ems. �: � - . � _� ��'�=�E::t.`stt'•_."�i4.—�vo>•,.:..2lcasrri�dec�rs��'�"a:�ie"frs'��%FS="' AP/Eric Gay Sri 4 Inspiration r Inspiration • Captures the ethos of Discovery Park • Exciting • Strong form as seen from afar • Invites close inspection • Provokes thought • Creates an iconic meeting place Qualities of Artwork PROPOSAL Site Plan h ' ����.i ARP' A•y� • .��i� t CR �•t'v '' `� S 'lE d �^ r �- W.P! 'J .�,(.`.'k 'W.ga• ''� 1, T ;W.y,�4.. �-'� ttK+�. ° � as'tA R�.� aat M '_`S•• � � Aga r � ,y5.q ' ^ta,y�' Aya����I 40. „ "�+" _ g�r 'shag•�// 4. �� Nf�a� y{r rov �a+.g �,S,yn, y �y K e ytt �•LTG , y�A' !.s'an "BTUxg M !�.9+. P- � '/jp1 yr �1L r.. ",l.P� is � P�'i is C � y.'y `.. � .p• 1 a. .my ..< a AC��T'v i .!� + hk' ` � �. �.A tf .c-y g, '�'-� �*t a Ass�F'y r, � t'w "irts..,�.y ��#;n•;+. Site Plan -�� � �:�� �y..�-�,��. �: � � _ � �'.,L . .:.. � �. �.•1�� s' - a9Yii, s0ir � �f,, t_ T F!" i'� $ ita.G. .l�. FEt.'.SFi"! ._4 ..A. ."'T,"fir Ax4, 1;l 4 Eia�. •�. ]: r Sculpture Model (from above) Sculpture Model (eye level) Sculpture Model (eye level) Sculpture Model (eye level) Sculpture Model (specific view) Sculpture Model (specific view) RAL 5015 SKY BLUE RAL 1012 LEMON YELLOW Color Palette ITEM AMOUNT Professional Fees Artist Fee (18%) $8,100 Structural Engineer $1,500 Fabrication and Material Costs 1"thick aluminum plate(4 pieces)-4'x 8' $7,500 Waterjet Cutting $4,000 Welding +Assembly $3,000 Powdercoating (2 colors+anti-graffiti top coat) $2,000 Miscellaneous Hardware-security nuts&threaded rods $500 Shipping (between shops) $500 Sign Element w/title and info $4,000 Site Work Concrete Foundation $4,000 (our costs) Crating and packing for Shipment $1,500 Shipping to Meridian, ID $2,000 Equipment Rental (extended fork lift) $1,500 Installation Labor $2,000 Travel (for installation) $1,500 Contingency $1,400 TOTAL $45,000 Budget The Hole Ball Game Drawing from the life of softball, this piece takes inspiration from actions of the game itself. The Hole Ball Game presents fleeting silhouettes of a batter and a pitcher. Silhouette of a batter and pitcher appear and disappear as one moves around the piece or catches glimpses from various distances and view angles. These silhouettes are rendered as negative space within large colored plates, so that when two contiguous plates align, the image becomes legible. The negative space between the figures appears solid. At first glance, the colored vertical elements might appear to be abstracted monolithic shapes. Visual tension is created by the vacillation of the in-between or negative and positive space. These 2 figures appear and disappear simulating the cadence of the game of softball. These vibrant plates depict the dynamic forces of presence and absence. Sunlight intermixes with the viewer's movement, color, and shadows to add another layer of change to the piece. This static piece comprised of sentinel metal plates, is activated by the interaction of viewers along with the changing nature of sunlight. Each encounter may yield new discoveries with The Hole Ball Game, making for a series of enriching experiences. The subject of the piece is the rhythm and movements of softball. Materials and Dimension Each of four aluminum plates is about 4 feet wide x 8 feet high. The figures are roughly life-sized. The four elements circumscribe an area of twelve by twelve feet. The aluminum plates are powder-coated with two colors with a pallet that is uplifting and contrasting to the green lawn and concrete pavement. Narrative MATERIALS and MAINTENANCE REPORT DIMENSIONS Artwork occupies an area of 12 ft by 12 ft. Each of four pieces is about 4 ft wide by 8 ft high. MEDIUM 1 inch thick 6061-T aluminum plate that is waterjet cut. Each piece is connected to a concrete footing with 5/8"threaded rods and bolts. The piece has the following powder-coated colors: • Tiger Drylac Color RAL 5015 and RAL 1012 CARE AND MAINTENANCE Once applied, powder coating needs to be properly cared for,just like any paint. Powder used on exterior applications needs to be cleaned 2—3 times per year. Pressure cleaning The most efficient method of cleaning powder coated surfaces is with a pressure washer using filtered water under low pressure. Mild detergent may be used, but do not use chlorine or harsh cleaning solutions. It is very important that low pressure be used in pressure cleaning. If the pressure is strong enough to move the metal surface, it may be strong enough to damage the finish as well.Avoid using unfiltered tap water or ground water when cleaning the powder coated finish,and pay attention to where the wind blows the water from sprinkler systems. Unfiltered water often causes staining on outdoor products due to sulfur, iron oxide,chlorine,fluoride, and other minerals commonly found in hard water or ground water in certain states. Only filtered water should be used to clean and rinse powder coated products whenever possible. Avoid Abrasives Avoid harsh, abrasive cleaners such as steel wool and scourers. Treat the powder coating as you would treat your car paint. MATERIALS and MAINTENANCE REPORT, Cont. Avoid Solvents Any use of a solvent-based cleaner will void any warranty that is issued. Where a solvent is absolutely necessary to remove materials from the surface,such as adhesives,the weakest possible solvent should be used(e.g. methylated spirits,white spirits or 97%isopropyl alcohol). A small and unobtrusive area should be tested prior to attempting to use solvents on significant surfaces. After removal of the surface contaminant,the solvent should be dried from the film,and the area that has been wiped with solvent should be washed with a solution of mild liquid detergent and then rinsed with clean water to ensure complete removal of any solvent residues. Under no circumstances should strong solvents be used. Examples of inappropriate chemicals for cleaning or any contact with powder coatings are gasoline, kerosene,xylene,caustic cleaners(especially kitchen and bathroom detergents)and paint thinners. Always flush metal that has been exposed to cleaner with copious amounts of fresh clean water. If the local water is high in mineral salts,finish powder coated metal cleaning with deionized water and/or a chamois. Damage Repair Where mechanical damage to the powder coating has occurred such that the substrate is exposed, it is certain that the underlying chromate film has been damaged. In order to achieve the maximum corrosion resistance, it is necessary to replace the pretreatment. In some cases it will be possible to apply a suitable chromate pretreatment on site, apply a suitable primer and repaint the damaged area in accordance with the recommendations above. Where on-site application of a chromate pretreatment is not possible,the application of a high performance etch primer to the aluminum is essential to the repair process. Application of a suitable touch-up paint is the only recommended method of damage repair. Touch up paint is available, if necessary,through LVP Powder& Paints-https://www.lvppaints.com/ral-paint-standard-touch-up-aerosol-spray- paint.html CONTACTS Public Artists UrbanRock Design- Russell Rock and Jeanine Centuori 670 Moulton Avenue,#7 Los Angeles, CA 90031 323-227-0955 Metal Fabricator Justin Phelps Digital Design & Fabrication LLC 1640 Miller Avenue Los Angeles, CA 90063 323-999-4933 Design Development 1 week Engineering 1 week Waterjet Cutting 2 weeks Welding and Assembly 2 weeks Powder-coating 1 week Timeline Shipping to Meridian 1 week Installation 1 week TOTAL TIME 9 weeks EXHIBIT B Revisions i!•.� N�1�e Galt�a%�ie \ -- f,-rl`he sic+htGnes vdhere _ \ saw cut control joint, by _ \ others, typ. \ I \ sign has (4)3/8" SS - location of informational threaded rod tie-downs, sign epoxy set into concrete 0 J —^ slab w/ Penta-Nut - vJ security fasteners, typ. sr ,. a 18'-0"o concrete slab 3 (3) N location of informational N sign 60'-0"o grassy area _ CD coc ^ W M 1'-4" _ . . l 0— --se' edge of 60'-0"o grassy -- - _ _ --t r circle = — AREA J iU ®aW ii®® s® �,�is - _ I ��P a�� I a®ia®li{�'�W�a I - � L` 0 \ 1 J 00 NJc 00 y N ----------------------------- I l r O 5 75 o m i� V AREA N v; a� Sign Axonometric COD \ POWDER COAT SCHEDULE C) \\ The Hole Ball Game Sign- RAL 6019 with anti-graffiti top coat a o N AREA M M o.� \ TIE-DOWN ANCHOR SCHEDULE \� 3/8"-16 x 4" long 304 stainless steel threaded rods- 4 pieces \ 3/8"-16o Penta-Nuts®- 4 pieces Sign Installation Plan 1 Site Plan (�)_Sca1� 1 1/2" = 1'-0" 1'-4" Scale: 1" = 20'-0" R 1/2r, 7 R 1/2" UrbalnRock Design Fastener 2023 ffind the sSightdiness wheTe 1'-4" [batteT&pitcher become whole A Nut That Acts Like a Lock Penta-Nut'"is the largest diameter security nut available and needs no washer. p� The HECBae Budd Game water et cut, der - This high-security 316 stainless steel nut turns any bolt into a lock. UrlbanRock Design ���k�B nrdvB ��� 1 powder � n�i��®�aofln��ivU coated (RAL6019) 1/4" 2023 Es®s � •The deep socket allows overrun of bolt find the sighettines where (B wisdw asnUtdgia Brit unit �p I t. plate aluminum, 5052 batter&pitcher become whole U U H32 •Cone shape repels locking pliers �Boriw�rrsoa��v�r9a�iay u�88�� 'C (D ; Compression ring binds and seals Mari dicor C®mvniasi®eo Patents in U.S.and worldwide provides security Penta-Nut'"shown with deep socket and Key-Rex'"bolt. water jet cut, powder water jet cut, powder 5° 4$° water jet cut, powder cammisAoned wkh McTid°oan ATt •A secure Pentagon recess provides high torque capability _ in Public Spares(MAPS)ffundss coated (RAL6019) 1/4" M.P,.a;a" C®mm;.,;o. coated (RAL6019) 1/4" coated (RAL6019) 1/4" SECURITY LEVEL: 9 t. plate aluminum, 5052, commissioned with Meridian Art t. plate aluminum, 5052, water jet cut, powder 1-,A nisilbheM dNw benoieeirrPrrr®a t. plate aluminum, 5052, bend line H32 in Public Spaces(MAPS)funds H32 coated (RAL6019) 1/4" abrvui(ZgAM)a-3afig2 aieduq ni H32 t. plate aluminum, 5052, iilll, o Idn H32 ^� o 4"t. cone. slab, by 4"t. cone. slab, by Pentagon shape deflects A perfect solution for securing large Deep socket allows for Thin profile socket fits inside the Penta- others, typ. others, typ. all known tools. items with concrete anchors. overrun of bolt. Nut which allows for incredible strength and torque loads. PENTA-NUT'" (V Size Range � Size Ranges US 6/32 through 7/8-9 Metric M4-M16 U ,I II O Thread Thread Metric Height Top Diameter Bottom Diameter Socket 'L 4 t. conc. slab, by 4 t. conc. slab, by I L_ others, typ. others, typ. M 6-32-1/4-20 M4-M6 .275(7mm) .50(12.7mm) .660(16.7mm) IGPNS25 O 5/16-18-3/8-16 M8-M10 .400(10.2mm) .745(18.9mm) 1.00(25.4mm) IGPNS37 7/16-14-1/2-13 M12 .500(12.7mm) .94(23.9mm) 1.25(31.7mm) IGPNS50 y 1/2-13-5/8-11 M14-M16 .600(15.24mm) .97(24.63mm) 1.375(34.92mm) IGPNS60 5/8-11-7/8-9 M16-M20 .725(18.4mm) 1.53(38.9mm) 2.00(50.8mm) IGPNS87 O (4) 3/8"o 304 stainless (4) 3/8"o 304 stainless O steel threaded rods w/ steel threaded rods w/ X (4) 3/8"o 304 stainless 3" embed., fixed in (4) 3/8"o 304 stainless 3" embed., fixed in O }, steel threaded rods w/ place w/ Hilti HIT-HY steel threaded rods w/ place w/ Hilti HIT-HY U =3 .. 3" embed., fixed in 200-R epoxy, & 3" embed., fixed in 200-R epoxy, & U) (n place w/ Hilti HIT-HY Pent-Nut® high security place w/ Hilti HIT-HY Pent-Nut®high security 200-R epoxy, & nuts, typ. �p 200-R epoxy, & 190. nuts, typ. bend line (� U U Pent-Nut®high security � Pent-Nut®high security •- --— -- --— -- — — - -�— _ nuts, typ. ---— nuts, typ. ----- - ......... - o�" 0- 4 J ----------- - - -. ------- - I) 6 _ � N M 3 North Elevation (Front) of Sign 4 East Elevation (side) of Sign 5 South Elevation (back) of Sign 6 West Elevation (side) of Sign 00 o 0 00 WORLD'S MOST SECURE FASTENERS(800)558-1082 BryceFastener.com Scale: 1 1/2" = 1'-0" Scale: 1 1/2" = 1'-0" Scale: 1 1/2" = 1'-0" Scale: 1 1/2" = 1'-0" o c\vo 1 1/ " 1'-1 1/2" 1 17/ PA1 Sign Layout Scale: 1 1/2" = 1'-0" 07-08-23 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: First Amendment to Commercial Lease Agreement Between ReSurge Church and the City of Meridian FIRST AMENDMENT to COMMERICIAL LEASE AGREEMENT This FIRST AMENDMENT to COMMERCIAL LEASE AGREEMENT ("First Amendment")is entered into this .5_�4 day of_j i�I,2023,by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("Landlord"), and ReSurge Church, Inc., a non- profit corporation organized underthe laws of the State of Idaho ("Tenant"). WHEREAS, the Parties seek by this First Amendment to extend the lease term of the Commercial Lease Agreement ("Lease"), a copy of which is attached hereto as Exhibit A; NOW, THEREFORE,in consideration of the mutual covenants of the parties, the Parties agree as follows: A. SECTION 2 MODIFIED. Section 2 of the of the Lease shall be modified to read as follows: 2. Term of Lease.This Lease shall expire at 11:59 p.m. on February 29, 2024. B. SECTION 4 MODIFIED. Section 4 of the of the Lease shall be modified to read as follows: 4.Rent. Tenant shall pay to the Landlord monthly rent ("Rent") on a per square foot basis. For purposes of this Lease, the Parties have agreed that the square footage to be used in computing the Rent shall be 7,200 square feet. 4.1 Rent amount. Tenant shall pay Rent for the Leased Premises of 53/100 Dollars($0.53) per square foot, which is $3,816.00 per month. 4.2 Payment date. Tenant shall pay the Rent to Landlord, in advance, on the first day of each month of the lease term, and any renewals thereof. In the event the lease term terminates on a date that is not the first or last day of the month,Tenant shall pay a prorated monthly installment, in advance,on the first day of the last month of the lease term,at the then current rate,based on the number of days of actual occupancy during the last calendar month of the lease term. C. NO ADDITIONAL PROVISIONS. The Parties agree that except as expressly modified by this First Amendment, all provisions of the original June 1, 2018 Lease shall remain in full force and effect. No other understanding, whether oral or written, whether made prior to or contemporaneously with this First Amendment shall be deemed to enlarge, limit or otherwise affect the operation of the June 1,2018 Lease or this amendment thereto. IN WITNESS WHEREOF, the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. TENANT: r�z R es, President ReSurge Church, Inc. CITY OF MERIDIAN: BY: Attest: Robert E. Simison 7-18-2023 Chris Johnson 7-18-2023 Mayor City Clerk FIRST AMENDMENT TO JUNE 1,2018 LEASE PAGE 1 EXHIBIT A June 1, 2018 Lease FIRST AMENDMENT TO TUNE 1,2018 LEASE PAGE 2 COMMERCIAL LEASE AGREEMENT Suite 101 of Homecourt Facility Tenant: ReSurge Church,Inc. Landlord: City of Meridian THIS LEASE AGREEMENT ("Lease") is entered into this date and retroactive to an effective date of June 1, 2018, between the City of Meridian, an Idaho Municipal Corporation, hereafter referred to as "Landlord," and ReSurge Church, Inc., an Idaho Religious Corporation, hereafter referred to as "Tenant," sometimes collectively referred to as the"Parties." The Parties agree as follows: 1. Leased Premises. Landlord hereby leases to Tenant, and Tenant leases from Landlord, upon the terms and conditions set out in this Lease, that portion of the Landlord's building commonly known as the Meridian Homecourt at 936 W. Taylor, Suite 101, described and depicted on Exhibit "A," containing approximately 7,200 square feet. The previously described property and other improvements now or hereafter placed on it, are hereafter called the "Property,""Leased Premises," or"Premises." 2. Term of Lease. The Parties are currently in a landlord/tenant relationship under an agreement which commenced on June 1, 2008 and which terminates on May 31, 2018. This Lease Agreement shall supersede all terms and conditions of the prior agreement. This Lease Agreement shall commence on June 1, 2018 and shall continue for sixteen months (initial Term to terminate on September 30, 2019). Tenant shall be entitled to four additional twelve month terms (up to September 30, 2023) so long as neither Party has given Notice to Terminate. Landlord and Tenant each have a unilateral right to terminate this Lease upon giving the other Party six month prior written notice. The Parties may extend this Lease beyond September 30, 2023 if they are able to reach agreement on rental rates and enter into a written extension to this Lease Agreement. 3. Common Areas. Tenant will also have nonexclusive use of the common areas located on the land on which the Premises is situated, including, but not limited to, the parking lot and sidewalks adjacent to the Premises and all other areas on such land intended to be used in common by all of the tenants of the Building and their invitees(collectively "Common Areas"). 4. Rent. Tenant shall pay to the Landlord monthly rent("Rent") on a per square foot basis. For purposes of this Lease, the Parties have agreed that the square footage to be used in computing the Rent shall be 7,200 square feet. 4.1 Initial Rent. Tenant shall pay Rent for the Leased Premises of 48/100 Dollars ($0.48) per square foot, which is $3,456.00 per month, for the Initial Term of this Lease. Rent shall be paid in lawful money of the United States. COMMERCIAL LEASE-1 DOCUMENT III.B.5 071305 1400 aoI NM:5s6653.1 Meridian City Council Meeting Agenda June 5,2018— Page 604 of 868 4.2 Rent for Successive Terms. If neither Party has given notice to terminate, the following rates shall apply for successive 12 month terms: 4.2.1 Year 2 (Beginning October 1, 2019). Tenant shall pay Rent for the Leased Premises of 50/100 Dollars ($0.50)per square foot, which is $3,600.00 per month. 4.2.2 Year 3 (Beginning October 1, 2020). Tenant shall pay Rent for the Leased Premises of 51/100 Dollars ($0.51) per square foot,which is $3,672.00 per month. 4.2.3 Year 4 (Beginning October 1, 2021). Tenant shall pay Rent for the Leased Premises of 52/100 Dollars ($0.52) per square foot,which is $3,744.00 per month. 4.2.4 Year 5 (Beginning October 1, 2022). Tenant shall pay Rent for the Leased Premises of 53/100 Dollars($0.53) per square foot, which is $3,816.00 per month. 4.3 Payment Date. Tenant shall pay the Rent to Landlord, in advance, on the first day of each month of the lease term, and any renewals thereof. In the event the lease term terminates on a date that is not the first or last day of the month, Tenant shall pay a prorated monthly installment, in advance, on the first day of the last month of the lease term, at the then current rate, based on the number of days of actual occupancy during the last calendar month of the lease term. 4.4 Common Area, Services and Taxes. 4.4.1 Tenant's Rent is inclusive of Tenant's pro rata portion of landscaping, irrigation, garbage collection, snow and ice removal, maintenance and repair as described herein, (collectively hereinafter"Operating Expenses")related to the Premises. In the event any utilities are separately metered, Tenant agrees to timely pay any and all charges for such utilities directly to the utility provider, which includes but is not limited to electric power, natural gas and communications utilities. Tenant shall also provide and pay for their own janitorial services for the leased premises. 4.4.2 Tenant shall pay, before the same become delinquent, all taxes assessed against Tenant's personal property, furniture, fixtures, equipment, inventory and other property on the Leased Premises, if any. 4.5 Late Fees. In the event any rental amount called for herein is not paid within ten (10) days from the date it is due Tenant shall pay to Landlord a late charge of five percent (5%) of the rental amount for each unpaid Lease payment until such payment is paid. The late charge is due immediately and is in addition to all of Landlord's other rights in this Lease. In the event Landlord gives written notice of Tenant's default, delinquency or other Lease violations, Tenant agrees to pay Landlord's actual costs and attorneys' fees reasonably incurred in providing such notice, in addition to the late charge and all other payments and obligations called for herein. 4.6 Security Deposit. There is no security deposit associated with this Lease Agreement. COMMERCIAL LEASE-2 DOCUMENT IILB.5 071305 1400 not Nm:58665s.1 Meridian City Council Meeting Agenda June 5,2018— Page 605 of 868 5. Acceptance of Facilities. Tenant hereby accepts the Leased Premises, Building and Property in their present condition. No representation, statement or warranty, expressed or implied, is or shall be made by or on behalf of the Landlord as to the Building's or the Leased Premises' condition, or as to the use that may be made of the Building or Leased Premises unless specifically set forth in writing. Tenant releases Landlord from any responsibility for any representation that may have been made to the Tenant about the Leased Premises or Building that is not specifically set out in this Lease Agreement. 6. Use of Leased Premises. The Premises shall be used by Tenant solely as a Church and other related purposes, and shall be used for no other purposes unless agreed to in advance by Landlord. 7. No Smoking Policy. The Premises is a no smoking facility. No persons shall smoke within the Leased Premises, within any Common Areas, or anywhere on the Premises. 8. Services and Utilities. Landlord does not warrant that any utilities and services will be free from interruption. The Landlord shall not be liable to Tenant for any loss or damage caused by or resulting from any variation, interruption, or failure of heat or any utility services due to any cause, other than Landlord's negligent or willful acts. No temporary interruption or failure of services due to the making of repairs, alterations, or improvements, or due to accident, strike or conditions or events beyond Landlord's control shall be deemed an eviction of Tenant or relieve Tenant from any of Tenant's obligations under this Lease. 4. Parking. The management of Tenant parking shall be the responsibility of the Tenant. The Landlord has not made specific parking stall assignments. 10. Alterations and Improvements. Tenant shall make no changes, improvements or alterations, to the Leased Premises without the Landlord's prior written consent, which Landlord shall not unreasonably withhold. 10.1 All approved changes shall be at the Tenant's sole cost and expense and Tenant shall use a licensed and bonded contractor or contractors for such alterations, and use a licensed public works contractor if required by law. In the performance of such work, Tenant agrees to comply with all laws and ordinances and to hold Landlord harmless from any damage, loss or expense caused by work performed by Tenant or Tenant's contractors. 10.2 Any alterations, including the tenant improvements already existing on the Leased Premises at the commencement of this Lease, shall become at once a part of the realty and belong to the Landlord, except trade fixtures supplied and paid for by the Tenant subject to the Tenant's duty to remove as set out in this Agreement. 10.3 At Landlord's request, within thirty (30) days prior to the Lease's termination, Tenant shall restore the Leased Premises to the condition that existed at the commencement of the Lease, except for normal wear and tear; provided that Tenant may request, prior to commencing any approved change,improvement or alteration,Landlord's written waiver of this section with regard to said change,improvement or alteration. COMMERCIAL LEASE-3 DOCUMENT III.B.5 071305 1400 B01 M12:586653.1 Meridian City Council Meeting Agenda June 5,2018— Page 606 of 868 10.4 Tenant shall keep the Leased Premises free from any liens, and shall indemnify and hold Landlord harmless and defend it from any liens or encumbrances, damage, loss or expense arising out of any work performed or materials furnished by or at the direction of Tenant, or otherwise, to the Leased Premises. 11. Trade Fixtures. Tenant may install such equipment as is customarily used in the type of business conducted by Tenant; provided it can be installed without damage to the Building or Leased Premises. At the termination of this Lease, at the direction of the Landlord, Tenant shall, or at Tenant's option Tenant may, remove from the Leased Premises all such equipment and all other property of Tenant provided that Tenant repairs the damage caused by the removal and restores, at the Tenant's sole cost and expense, the Leased Premises. Any property of the Tenant not removed by the termination of this Lease shall at the option of the Landlord become the property of the Landlord. 12. Repair and Maintenance. 12.1 Unless otherwise agreed, Tenant shall, at its own expense, maintain and make all necessary repairs and replacements to the Leased Premises and every part thereof, including the HVAC system, fixtures, and equipment. Such maintenance, repairs and replacements shall be made promptly as and when necessary. All repairs and replacements must be of quality and class at least equal to the original work.. Notwithstanding the foregoing, the Landlord shall be responsible for repairing and replacing the structural components of the Leased Premises, including the roof, exterior walls (except glass, doors, and door frames), fire protection system and plumbing systems (except for plumbing fixtures that are part of the tenant improvements) . 12.2 On default of the Tenant in making such repairs or replacements, the Landlord may, but shall not be required to, make such repairs and replacements for the Tenant's account, and the expense thereof shall constitute and be collectible as additional rent. 12.3 Landlord shall not be obligated to repair or replace any fixtures or equipment installed by Tenant and Landlord shall not be obligated to make any repair or replacement occasioned by any act or omission of Tenant, its employees, agents, invitees or licensees. 13. Right of Entry_ Landlord may enter the Leased Premises at all times for emergencies, and at reasonable times, after reasonable notice, during or after business hours, for the purpose of inspecting, cleaning, repairing, altering, improving or exhibiting the Leased Premises, but nothing in this Lease shall be construed as imposing any obligation on the Landlord to perform any such work. 14. Damage or Destruction. 14.1 All damage or injury done to the Leased Premises by Tenant or by any persons who may be in or upon the Leased Premises at the invitation of Tenant shall be paid for by Tenant. 14.2 If the Leased Premises should be damaged or destroyed by fire or other casualty, the rent shall be abated in the same ratio as the portion of the Lease Premises rendered unfit for COMMERCIAL LEASE-4 DOCUMENT HLB.5 071305 1400 BOI NIU:586653.1 Meridian City Council Meeting Agenda June 5,2018— Page 607 of 868 occupancy bears to the whole of the Leased Premises. Notwithstanding the previous sentence, if the Property or the Leased Premises are partially or totally destroyed or damaged by fire or any other casualty to the extent that a substantial part of the Property or the Leased Premises is rendered untenantable, this Lease shall terminate thirty (30) days following said damage or destruction. 15. Indemnity. 15.1 The Tenant shall indemnify the Landlord from and against any and all claims, demands, causes of action, suits or judgments (including fees, costs and expenses [including attorney fees] incurred in connection therewith and in enforcing the indemnity) for deaths or injuries to persons or for loss of or damage to property arising out of or in connection with the condition, use or occupancy of the Tenant's Portion or any improvements thereon; or by Tenant's nonobservance or nonperformance of any law, ordinance or regulation applicable to the Leased Premises; or incurred in obtaining possession of the Tenant's Portion after a default by the Tenant, or after the Tenant's default in surrendering possession upon termination of the Lease, or enforcing any of the Tenant's covenants in this Lease. This includes, without limitation, any liability or injury to the person or property of Tenant, its agents, officers, employees, or invitees. 15.2 In the event of any such claims made or suits filed, Landlord shall give Tenant prompt written notice thereof and Tenant shall have the right to defend or settle the same to the extent of its interests thereunder. 16. Insurance. 16.1 Tenant shall provide its own property damage insurance. 16.2 From and after the commencement date of the term of this Lease, Tenant shall provide liability insurance at its sole cost and expense, against claim for bodily injury and property damage under a policy of general liability insurance, with limits of$1,000,000 single limit or its equivalent for bodily injury, and $500,000 for property damage for matters occurring at the Leased Premises as a result of Tenant's occupancy or use. Such policy shall name Landlord as additional insured. Before commencement of the Initial Term, Tenant shall furnish the Landlord with a certificate evidencing the aforesaid insurance coverage. 16.3 The aforementioned minimum limits of policies shall in no event limit the liability of Tenant hereunder. No policy of Tenant's insurance shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to Landlord by the insurer. Tenant shall, at least thirty (30) days prior to the expiration of the policies, furnish Landlord with renewals or binders. 16.4 The insurance shall be issued by carriers acceptable to the Landlord, and Landlord's approval shall not be unreasonably withheld. 17. Assignment and Subletting. Tenant shall be not be entitled to assign, transfer or sublet this Lease. COMMERCIAL LEASE-5 DOCUMENT III.B.5 071305 1400 1301 tP-:566653.1 Meridian City Council Meeting Agenda June 5,2018— Page 608 of 868 18. ' Quiet Enjoyment. Landlord covenants that Tenant, upon performance of all Tenant's obligations under this Lease, shall lawfully and quietly hold, occupy and enjoy the Leased Premises during the term of this Lease without disturbance by the Landlord or from any person claiming through the Landlord. 19. Signs. 19.1 All signs must comply with sign ordinances and be placed in accordance with the required permits. 19.2 At the termination of this Lease, Tenant shall remove all signs placed by it upon the Leased Premises, and shall repair any damage caused by such removal. 20. Vacating Upon Termination. Tenant covenants and agrees that upon the expiration of the Lease, or upon the termination of the Lease for any cause, Tenant shall at once peacefully surrender and deliver the whole of the above-described Leased Premises together with all improvements, except trade fixtures, thereon to the Landlord, Landlord's agents or assigns unless Tenant shall have expressly acquired the right to remain through another written extension of this Lease. 21. Licenses and Permits. Tenant, at its sole expense, shall obtain all licenses or permits which may be required for conducting its business within the terms of this Lease, or for the making of repairs, alterations, improvements or additions, and the Landlord, when necessary, will join with the Tenant in applying for all such permits and licenses. 22. Default and Reentry. 22.1 If Tenant defaults in any rent payment due under the terms of this Lease, and such default is not cured within ten (10) calendar days after written notice from Landlord or if the default is other than the payment of rent and the default is not cured within thirty (30) calendar days after written notice from Landlord, Landlord may terminate this Lease and reenter the Leased Premises. 22.2 Notwithstanding any reentry, the liability of the Tenant for the full amounts payable by the Tenant under this Lease shall not be extinguished for the balance of the Lease or renewal term. 23. Removal of Property. 23.1 If the Landlord, after Tenant's default, lawfully reenters the Leased Premises, Landlord shall have the right, but not the obligation, to remove all property located therein and to place such property in storage or to secure the property on the Leased Premises at the Tenant's expense and risk. If the Tenant does not pay the storage cost, after it has been stored for a period of thirty (30) calendar days or more and after giving Tenant ten (10) days' written notice of sale, Landlord may, at its sole discretion, sell, or permit to be sold, any or all of the property at public or private sale. COMMERCIAL LEASE-6 DOCUMENT III.B.5 071305 1400 BOI Mr2;586653.1 Meridian City Council Meeting Agenda June 5.2018— Page 609 of 868 23.2 Landlord, at its sole discretion, may retain any trade fixtures and other items of Tenant's property, which are not removed by the Tenant at the expiration of the Lease or at such earlier time as Tenant's rights under this Lease may be terminated for default. At Landlord's option, title to the fixtures and other property shall be vested in the Landlord without any duty to account or pay to Tenant for the value of the property or for any other matter in connection for the Landlord's acquisition of the fixtures and attached property. 24, Holdover. If Tenant shall holdover after the expiration of the term of this Lease, Tenant, shall remain bound by all of this Lease's covenants and agreements, except that the tenancy shall be from month to month, and the monthly rent shall be the rent amount due the last month of the immediately preceding term. 25. Nonwaiver of Covenants. The Landlord's failure to insist upon the strict performance of any provision of this Lease shall not be construed as depriving the Landlord of the right to insist on strict performance of such provision in the future. The subsequent acceptance of rent, whether full or partial payment, by the Landlord shall not be deemed a waiver of any preceding breach by the Tenant of any term, covenant, or condition of this Lease, other than the failure of the Tenant to pay the particular part of the rent accepted, regardless of the Landlord's knowledge of the proceeding breach at the time of the acceptance of that part of the rent. 26. Costs and Attorney's Fees. In the event it is necessary for either party to utilize the services of an attorney to enforce any of the terms of this agreement, such enforcing party shall be entitled to compensation for its reasonable attorney's fees and costs. In the event of litigation or arbitration regarding any of the terms of this agreement, the prevailing party as determined by the Court or arbitrator shall be entitled, in addition to other relief, to such reasonable attorney's fees and costs as may be adjudged by said Court or arbitrator to be due. 27. Force Majeure. Landlord's or Tenant's failure to perform any of its obligations under this Lease shall be excused if due to causes beyond the control of Landlord or Tenant, including but not restricted to acts of God, acts of the public enemy, acts of any government, fires, floods, earthquakes,epidemics and strikes. 28. Captions and Construction. The titles to sections of the Lease are not a part of this Lease and shall have no effect upon the construction and interpretation of any part of the Lease. 29. Time. TIME IS OF THE ESSENCE IN THIS LEASE. 30. Binding on Heirs, Successors and Assigns. All the covenants, agreement terms and conditions contained in this Lease shall apply to and be binding upon Landlord and Tenant and their respective heirs, executors, administrators, successors and assigns, except as may be provided to the contrary in other sections of this Lease. 31. Savings Clause. Nothing in this Lease shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provisions of this Lease and any statute, law, public regulation or ordinance, the latter shall prevail, but in such event, the provisions of this Lease affected shall be curtailed and limited only to the extent necessary to bring it within legal requirements_ COMMERCIAL LEASE-7 DOCUMENT III.S.5 071305 1400 sot MT2:5st;s5s.1 Meridian City Council Meeting Agenda June 5,2018— Page 610 of 868 32. Incorporation. This agreement represents the entire agreement of the parties. Unless set forth herein in writing, neither party shall be bound by any statements or representations made, and each agrees that there are no such statements or representations being relied upon in making this Lease. No alterations, changes, or amendments to this Lease will be binding upon either party unless such party has executed a written statement acknowledging such alteration, change or amendment. 33. Governing Law. This Lease shall be governed by the law of the State of Idaho and venue for any action arising from this Lease shall be in Ada County,Idaho. 34. Remedies Cumulative. The specified remedies to which the Landlord may resort under the terms of this Lease are cumulative and are not intended to be exclusive of any other remedies or means of redress to which the Landlord may be lawfully entitled in case of any breach or threatened breach by Tenant of any provision of this Lease. In addition to the other remedies provided in this Lease, Landlord shall be entitled to the restraint by injunction of the violation, or attempted or threatened violation, of any of the covenants, conditions, or provisions of this Lease. 34.1 The Landlord's selection of one or more remedies shall not constitute an election of remedies to the exclusion of any other remedies. 35. Notices. 35.1 Any notices shall be effective if personally served upon the other party or if mailed by registered or certified mail,return receipt requested,to the following addresses: Landlord: City Clerk 33 E. Broadway Meridian, Idaho 83642 With a copy to: Department of Parks and Recreation 33 E. Broadway Meridian, Idaho 83642 Tenant: Randall A. Rodes 2582 Jeffery Ct Meridian, Idaho 83642 With a copy to ReSurge Church COMMERCIAL LEASE-8 DOCUMENT III.B.5 071305 1400 BOI KM:586i53.1 Meridian City Council Meeting Agenda June 5,2018— Page 611 of 868 936 E. Taylor, suite 101 Meridian, Idaho 83642 35.2 Notices mailed shall be deemed given on the date of mailing. Landlord and Tenant shall notify each other of any change of address. 36, Interpretation. This Lease has been submitted to the scrutiny of all parties and their counsel; Landlord is represented by the Meridian City Attorney, and Tenant has had the opportunity to consult with independent legal counsel of its choosing. This Lease shall be given a fair and reasonable interpretation in accordance with its words, without consideration to or weight given to its being drafted by any party or its counsel. All words used in the singular shall include the plural; the present tense shall include the future tense; and the masculine gender shall include the feminine and neuter genders. IN WITNESS WHEREOF, the parties have set their hands this day of 2018, and state that they are authorized to execute this agreement. SIGNATURES TO FOLLOW ON NEXT PAGE COMMERCIAL LEASE-9 DOCUMENT III.B.5 071305 1400 SOt MT2:586653.1 Meridian City Council Meeting Agenda June 5,2018— Page 612 of 868 LANDLORD: O�PSED AUCUS By /„ —----� ore Mayor Tammy d eerd 2 C ilv„r w E I IDIAN&-- IDAHO x�Attest: °F SEAL yTFQOflhe TRV.PSJ�� STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on '}( (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. .•• 10 W�••. Notary Signature Wo Age:-�'•: My Commission Expires:g-Q-aoa 9, L&IIxi . ;z �qQ : TENANT: ••'••,FATE 04••• By_f k �v - Randall A.Rodes,President STATE OF IDAHO ) ss County of Ada ) This reco'j,was„gpknowledged before me on—kjj i, (date) by Randall A. Rodes on behal`f�rLr} �reh,in his capacity as its President. aatea, y a Ls r Notary Signature A&t'j—to' My Commission Expires:Cj ::: � ' COMMERCIAL� );A i�!„;1: DOCUMENT 111.B.5 071305 1400 DO1 MT2:5366511 EXHIBIT A Buildin>? Legal Description: PAR 46725 OF E2SW4 SEC 12 3N 1 W Ada County Parcel Number: S1212346725 Leased Premises: Suite 101 thereof(as depicted in the hash-marked area below), together with Common Areas. owwvm cm cm � s f � mkvftw s jF tl A4 W, TAYLOR SEE 1' COMMERCIAL LEASE-11 DOCUMENT III.B.5 071305 1400 BOLNM:586653.1 Meridian City Council Meeting Agenda June 5,2018— Page 614 of 868 Mayor Robert E. Simison EI'IDLIANI.,*-� City Council Members: Treg Bernt Brad Hoaglun Joe Borton Jessica Perreault H 0 Luke Cavener Liz Strader July 11, 2023 MEMORANDUM TO: Mayor Robert Simison & Councilmembers FROM: Steve Siddoway, Parks & Recreation Director RE: First Amendment to Commercial Lease Agreement Between ReSurge Church and the City of Meridian Background Resurge Church was an existing tenant when the City of Meridian purchased the Homecourt from the YMCA. The existing lease ends September 30,2023. This amendment extends the existing lease for 5 months,through February 2024,at which point the City will take over the space. The agreement has been prepared by the City's legal department and agreed to and signed by the tenant. Proposal Approve the First Amendment to Commercial Lease Agreement Between ReSurge Church and the City of Meridian. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Police MADC Budget Amendment: ID State Liquor Div Mini Grant 7111I2023 5:06 PM City of Meridian FY2023 Budget Amendment Form ol Personnel Costs Full Time Equivalent(FTE): Fund# Dept.# G/L# Proj.# G/L#Description Total E IMAM--- 20 2135 41200 5031 Wages 20 2135 41206 5031 PT/Seasonal Wages 20 2135 41210 5031 Overtime Please only complete the fields highlighted 20 2135 41304 5031 Uniform Allowance in Orange. 20 2135 42021 5031 FICA S Amendment Details 20 2135 42022 5031 JPERSI $ Title: Police MADC:ID State Liquor Div Mini Grant 20 2135 42023 5031 Worker's Comp $ Department Name: Police 20 2135 42025 5031 Employee Insurance $ Presenting Department Name: Police Total Personnel Costs $ Department#: 2135 Operating Expenditures Primary Funding Source:_ 20 Funal# Dept.# G L# Proj.# G/L#Description One-Time On-Going Total CIPM 20 2135 52710 5031 Community Events-Real Ribbon Week $ 2,800 $ 2,800 Project#:_5031 20 2135 5031 $ - 20 2135 5031 $ - Is this for an Emergency? ❑ Yes ❑ No 20 2135 5031 $ - New Level of Service? ❑ Yes ❑ No 20 2135 5031 $ 20 2135 5031 $ Clerks Office Stamp 20 2135 5031 $ _ 20 2135 5031 $ 20 2135 5031 $ - 20 2135 5031 20 2135 5031 $ 20 2135 5031 $ j 20 2135 5031 $ 7-18-2023 _ .....,_... P $ Date of Council Approval Total OperatingExpenditures 2,800 $ - $ 2,800 _... . Capital Outlay Fund# Dept.# G/L# Proj.# G/L#Description Total Acknowledgement Date .:.., -_,._..,.-nxro.�...•.�„-o--,� :rig-.-. ., ..:--..—. 20 2135 5031 20 2135 5031 i 20 2135 5031 l Department Director E 20 2135 5031 20 2135 5031 20 2135 5031 Chief Financial officer Total Capltal outlay $ Revenue/Donations i Fund# Dept.# G/L# Proj.# G/L#Description Total Council Liaison I 20 2135 5031 I 20 2135 5031 [ 20 1 2135 J 5031 _ ........? Mayor Total Revenue/Donations $ Total Amendment Request $ 2,800 Total Amendment Cost-Lifetime ' City of Meridian FY2023 Budget Amendment Form C:lUserslscolaiannilNppDalalLocailMicrosofllWindowsllNetCachelContent.OutiooklUK9Sl6S61FY2023 Budget Amendment Form(Police MADC)7.11.2023 j 7111r2023 5:06 PM City of Meridian FY2023 Budget Amendment Form 1 ! Prior Year(s) Fiscal Year Fiscal Year fiscal Year Fiscal Year Fiscal Year Department Name: Police Funding 2023 2024 2025 2026 2027 Title._ Police MADC:ID State Liquor Div Mini Grant Personnel S,= S lust"OCtl.`K.folsolInAlliug nndget Asaenttments: Operating $" 2,8i9 $ $ - S - ? Department v.1Rsend Atnendmen;v(ih ClCectais alenaturC to Finance f HurgeF hRana$E/j for fF law Capital . - Y Flome vAD send Amendment to coumll t latwc for stanature Total $ 2,8{ID $ - _- >C"mil Uotson will send algnedAmend.c n;GF Mayor Total Estimateit Project Cost: $ 21800 T 1104"r Will send 19ned Amendment t4 Flaame teUdge;MenaglNl Evaluation Questions D flnw a(11udget Managed vAN nand approved copy of A rmculM,ant to Department Please answer all Evaluation Questions using the financial data referenced above. Depattme ntwl ll add•opy of Amendment to Council PCenda Using Munlmde Atierda Managar 2. Describe what is being requested? -nN(i4:'i;.t'.9!k...... .`• .".+.'iv44k�++T^S'�iW-P:-kxi!q':4:�T4 w!.e:.,n.Mn�w•!a"., 'i -nRssFe^•�e•NM:. ..:i:t•""..--.. .. ...N.a.rw- !:ma+:•gattt.^x -raiLSwttiwes•u�....:cva:.-r+..vnnuase+!2i+'n•w -�:.k£6-n=..-•natu��uy+. rir:"e..tP-ter Spending authority of grant funds from the to State Uquor Divislon for Red Ribbon week speaker at local schools. 2. Why was this�buftet r�Muest not submitted during the cut-rent fiscal year budget cycle? Grant funding was awarded December 16,2022-award decision was not known during FYz3 budget cycle, 3. What is the expla on fa no subraa fitting this s budP t.re. !e curing i ,ftsrat Year budget cycle? Grant funds are on State Fiscal cycle and not City cycle. f ...��_4 _ .. ............. . .... ....._... .:....:-.�.i..:is - - _ __ - ..1�..:-. �—. ..._.i... - - - - .....�.... A.Describe the proposed method of funding? if funding is split between Funds(i.e..General,Enterprise,Grant),please Include the percentage split. List the amounts and sources I of anticipated additional revenue that will result from approval of this rpnT �:.:.. .._� �•»�.�;,,�� -......:gym:....,-��....•�.,-m-.F,�.,- ,V,,:�.m�a::�...'.,,,���..�-�-..R,.. .--...�...,.,�.., ..«.._-_........�--.�.-„-:,,.:-._". �.,.,...,...�,�_ Grant revenue Is the funding.This is a revenue neutal budget amendment 5.Does this request align with the Department/City's strategic plan? if not,please explain how this request was not included in the Department/City strategic plan? Yes,education and prevention through.MADC N:e.�.,�,•�h�,«w,en...:��• P...-..•w ...-.--�-.—,._..._.._.....��.��:+-,gin �-a' - - •--- - �::.,.:,..;<��;-.:,,:.�_.��::-�:-.�.--.�-,...�.,�,.. 6. Does this request require resources to be prov ided by other departments? if yes,please describe the necessary resources xcr be provided by other departments, .. .... No t-- 7. Does this Amendment include any needed Equipment or Softwar that will utilize the Ci 's net ork? Yes or No = _S.is the amendment goin#(to result in the disposal of an asset?(Yes or No) No_ 9.Anv additional comments?..... __--•----- _-- x..._ ..,.- -....- ,.......- ..:... .� -..,,.:—......::.. .._:.:. .................. . . . ...-.- tom - ..,,�—., - Total Amendment Request $ 2,800 Every effort should be moste to avoid reopening the budget for an amendment. Departments will need to provide back up and appear before the City Counc#to justify budget amendments. Budget amendments are Intended for emergency or mandatory changes to the original falanced budget. Changes to the original balanced budget may cause a funding shortfall City of Meridian FY2023 Budget Amendment Form Budget Amendment Form(Police MADC)7.11.202.3 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Amendment to Subrecipient Agreement between City of Meridian and Ada County Housing Authority for CARES Act Community Development Block Grant Funds FIRST AMENDMENT TO SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND ADA COUNTY HOUSING AUTHORITY FOR CARES ACT COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This First Amendment to Subrecipient Agreement between City of Meridian and Ada County Housing Authority for CARES Act Community Development Block Grant Funds ("First Amendment") is entered into this 18th day of July , 2023 by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Ada County Housing Authority ("Subrecipient"). WHEREAS, on April 18, 2023, City and Subrecipient entered into CARES Act Subrecipient Agreement ("CDBG-CV SRA"), a cooperative agreement for the investment of Community Development Block Grant("CDBG"); and WHEREAS, Subrecipient requires additional funding to complete the activities in the CDBG- CV SRA; NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. PROVISION MODIFIED—STATEMENT OF WORK. Section I.A. shall be amended as follows: A. Activities. Subrecipient shall use City's subaward of CDBG funds in an amount not to exceed two hundred one thousand five hundred fifty dollars and ninety nine cents ($201 550.99)one Itmdrd-seventy-tri te- sat3d dellal s-($47-9-,808) for administering emergency rental assistance, in a manner satisfactory to the City and consistent with any standards, condition, and deadlines of such funds, as set forth herein. This project is eligible under(05Q) Subsistence Payments. CDBG Funds will be used to reimburse for administration and rental assistance. The primary administrative office is located at 1001 S. Orchard St., Boise. See Attachment 1 for a map of the service location. II. PROVISION MODIFIED—REIMBURSEMENT REOUESTS. Section II.K.3 shall be amended as follows: 3. Reimbursement requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed two hundred one thousand five hundred fifty dollars and ninety nine cents ($201,550.99)et�e 1Fed sevet`y- tid�eusa�d-deltas ($+79,000). City will not accept or process reimbursement requests prior to City's reception of Congressional Release of Funds; the Community Development Program Coordinator shall notify Subrecipient of such release and the opportunity to submit reimbursement requests. Reimbursement requests for the payment of eligible expenses shall be made against the activity specified, in accordance with performance, and as expenses are incurred by Subrecipient. Reimbursement requests shall only be accepted via the City's online portal and must be completed in full to be processed. Instructions to submit reimbursement requests are located in the Subrecipient Toolbox at https://meridiancity.org/cdbg/. All reimbursement requests are to be submitted as needed in coordination with the Community Development Program Coordinator. Reimbursement requests shall include the following: transaction detail completed for the relevant draw request period, timesheets in compliance with 2 CFR 200.430 (if applicable), and proof of payment by Subrecipient (such as copy of check and bank transaction information showing payment of check, copy of receipt of payment by contractor or FIRST AMENDMENT TO CDBG-CV SUBRECIPIENT AGREEMENT-ADA COUNTY HOUSING AUTHORITY PAGE 1 OF 2 subcontractor, and/or other relevant documentation of payment). After the expenditure requirements set forth in section I.B. of this agreement has been met, reimbursement requests must be submitted within fifteen (1 S) calendar days from the close of each month of the program year except for the final reimbursement request. Subrecipient's final reimbursement request under this Agreement must be submitted by Subrecipient no later than October 30, 2023 and must include a Closeout Certification form which can be found in the Subrecipient Toolbox at https:Hmeridiancity.org/cdbg/. Subrecipient shall forfeit reimbursement for any costs not requested within the timeframes set forth in this provision, unless otherwise authorized, in writing, by City. III. PROVISION MODIFIED—BUDGET. Attachment 6 shall be amended as follows: Ada County Housing Authority Emergency Rental Assistance Rental CDBG-CV IDIS# 154 1 Assistance Admin Total Award 1 $173,000.00 $6,000.00 $179,000.00 Amendment 1 $22,550.99 $ - $22,550.99 Total Funding_, $195,550.99 $6,000.00 $201,550.99 Draw # Date Timeframe 1 May 2023 $43,974.33 $43,974.33 z 3 4 5 Total $43,974.33 1 $ - 1 $43,974.33 Balance $151,576.66 $6,000.00 1 $157,576.66 IV. ALL OTHER PROVISIONS IN EFFECT. All provisions of the CDBG-CV SRA shall remain in full force and effect except as expressly modified by this First Amendment or other duly executed addenda. No other understanding, whether oral or written,shall be deemed to enlarge, limit or otherwise affect the operation of the CDBG-CV SRA or this First Amendment thereto. IN WITNESS WHEREOF,the parties shall cause this First Amendment to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Ada County Housing Authority e a Watson,Execd1ive Director Date CITY: City of Meridian Attest: By: Robert E. Simison, Mayor 7-18-2023 Chris Johnson, City Clerk 7-18-2023 FIRST AMENDMENT TO CDBG-CV SUBRECIPIENT AGREEMENT—ADA COUNTY HOUSING AUTHORITY PAGE 2 OF 2 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Mayor's Office:Neighborhood Grants Program C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Jacob Cluff Meeting Date: TBD Presenter: Jacob Cluff Estimated Time: 20 mins Topic: Neighborhood Grants Program Recommended Council Action: Provide approval for allocation of FY2023 budgeted funds for top-scoring, recommended Neighborhood Grant applications. Background: The City Council allocated $50,000 in the FY2023 budget for the Neighborhood Grants Program (NGP),with the intent to expand citizen input into developing projects that highlight neighborhood identity and pride and further Meridian's vision to be a premier community in which to live, work and raise a family. The program's goals seek to create opportunities for long- term civic engagement by community members, build stronger relationships between elected officials, city staff,the community, and other agencies, and inspire projects that leave lasting impacts across Meridian's community. As originally presented in May of 2021, the NGP proposed to award up to $25,000 per project for up to two projects, and the program is anticipated to grow over time, presuming successful execution in prior years and community and budgetary support for such projects. While staffing change-over impacted the execution timeline during the first and second years of the program, the process continues. Based on the application flow,the program is successful thus far and a sought-after resource for the community. During the FY23 application process, the City received 14 applications. Five of the 14 did not meet the minimum requirements to be considered, and staff followed up with these applicants to attempt to obtain information that could deem the applications complete. The nine complete applications include a range of requests for amenities, beautification and clean-up efforts, and community events. Applicants varied whether individuals,businesses, non-profits, homeowners' associations, or service groups. Scoring of applications was performed individually by a panel consisting of City Council members as defined during program development and roll-out. The scoring matrix allocated points across six categories, including project description, the inclusion of volunteer assistance to execute, timeline efficacy, project impact, project budget, and outside recommendations or support. The total points available per application were 100 points, plus five bonus points for outside recommendations or support. Page 1 of 3 Below is a table depicting the type of project,the group who submitted the request, a summary, and the estimated cost of each. The projects requested nearly$100,000 in total funding,with an average funding request of approximately$11,000. Proj No. Project Type Group Brief Summary Funding Request 2023-01 Event Connection is the Connection is the Cure-Battle of the Bands $9900 Cure July 29,2023 2023-02 Maintenance Senior Center Repairs to the Senior Center facility $5982.88 2023-04 Clean-up I Heart Treasure Locate and clean up underserved locations in $3000 Valley Meridian 2023-05 Beautification Boise-Meridian Clean up of the southwest corner of the $48224.84 RV Resort intersection of Meridian and Franklin Rd 2023-06 Beautification Golfview Estates Improvement and beautification of Golfview $17000 HOA Estates neighborhood pathway route. 2023-07 Beautification Golfview Estates Improvement and beautification of drainage $3000 HOA common use area. 2023-08 Beautification Golfview Estates Improvement,beautification,and $10000 HOA reinforcement of Safford Sub lateral canal bank. 2023-09 Beautification Golfview Estates Improvement and beautification through the $5000 HOA replacement of the footbridge. 2023-10 Event Connection is the Community event held at a local high school $827.67 Cure to educate parents on mental health issues Discussion: The NGP was presented initially (in 2021) to award up to $25,000 per project for a maximum of two projects. Based on applications received,the program goals, and the scoring results (provided below), Council should consider the best funding allocation. The original program sideboards were established as a starting point when considering staff impacts of project management, paperwork, and invoicing required for awarded projects. This program is in its second year, lessons are being learned, and changes and adjustments will need to be made in future years. These will include adjustments in application information required, redefining the scoring panel composition, considerations for various project types not currently considered, and the potential legal agreement needs. For example,various applications in this cycle-year were from HOAs and required coordination and ongoing operational &maintenance efforts from the City (Parks) Departments and the HOA. Some projects defined themselves as one-time uses of funds with no ongoing cost. How this gets factored into the review and execution of projects will need to be refined over time. Recommendation: Staff is seeking approval to award funds for up to the top three scored projects, as listed in the scoring table below. This recommendation is based on a few factors discussed below the scoring table. Proj No. Protect Type Group Brief Summary Funding Average Request Score 2023-10 Event Connection is Community event held at a local high school $827.67 the Cure to educate parents on mental health issues 65.00 Page 2 of 3 2023-04 Clean-up I Heart Treasure Locate and clean up underserved locations in $3,000.00 Valley Meridian 62.33 2023-02 Maintenance Senior Center Repairs on the Senior Center $5,982.88 61.33 2023-05 Beautification Boise-Meridian Clean up of the Southwest Corner of the $48,224.84 RV Resort intersection of Meridian and Franklin Rd 57.67 2023-06 Beautification Golfview Estates Improvement and beautification of Golfview $17,000.00 HOA Estates neighborhood pathway route. 57.50 2023-08 Beautification Golfview Estates Improvement, beautification,and $10,000.00 HOA reinforcement of Safford Sub lateral canal 55.00 bank. 2023-09 Beautification Golfview Estates Improvement and beautification through $5,000.00 HOA replacement of footbridge. 52.50 2023-01 Event Connection is Connection is the Cure-Battle of the Bands $9,900.00 the Cure July 29, 2023 46.00 2023-07 Beautification Golfview Estates Improvement and beautification of drainage $3,000.00 HOA common use area. 45.00 The panel scoring ranked these projects,with some using average points on the scoring criteria through a simple aggregate ranking of the applications. Additionally, each of the three recommended projects has some elements of agency partnership, whether with the City or non-profit. This will aid in the execution of projects. Original program guidelines recommended two projects to ensure staff had adequate ability to manage each project. Based on the applications and discussions with leadership and management,the three projects are manageable from a resourcing and project management perspective. As a note, the RV Resort clean-up project was placed fourth in the evaluation. While the project scored well, it does present some challenges. The project funding request exceeds the program- recommended $25,000 cap. Additionally, due to the projected breadth and stakeholder partnerships needed with ACHD, and additional private landholders, it does present significant complexity. That said,the project's impact, ranking, and partnership opportunities make this a worthwhile project. Future consideration of this project is recommended. The total funding of the top three projects is $9,810.55, which is $40,189 less than the budgeted program allocation. Staff is beginning to see requests for funds exceed program capacity and will monitor as program updates are considered. While funds remain in this program year, staff feel the three recommended projects will serve the community well. Additionally, they do not have the administrative challenges presented in other projects (multi-agency partnerships, timing, private property improvements, etc.), and staff recommend that these three projects move forward in the contract process. <end> Page 3 of 3 f Qlj N;--- �; AGENDA ITEM ITEM TOPIC: Compensation Committee Annual Salary 2024 Compensation Committee Recommendation Contents QuestionsCommittee AnalysisCity Council RecommendationMayoral RecommendationCommittee ObservationsMarket DataCompensation Committee Compensation Committee Members Lord Joshua Evarts (per legal landownership in Scotland)•Steven Yearsley•Blaine Johnston•Jeffrey Hall•Jo Greer•Dom Gelsomino•David Ballard•ShifletClint •Genesis Milam• Market Data$86,056.88 annuallyPocatello: Nampa:$85,999.94 annuallyIdaho Falls: $84,830.20 annuallyCaldwell: $32,400.00 annuallyCoeur d’ Alene: Boise: Meridian: Mayor Salary Data:2023)-20-June 2023 Updated (06Other Agency Salary DataMayor and Council Compensation Market Data$13,148.98 annuallyPocatello: $10,930.40 annuallyNampa: $13,000.00 annuallyIdaho Falls: $10,139.56 annuallyCaldwell: $12,000.00 annuallyCoeur d’ Alene: $27,498.00 annuallyBoise: $17,335.00 (Council Members)$19,069.00 (Council President)Meridian: City Council Salary Data:2021)-21-June 2021 Updated (06Other Agency Salary DataMayor and Council Compensation Committee History Increases to City Council and Mayor compensation•recommended/approvedThe 2021 Committee •Only Cost of Living increase for Mayor•Increases to City Council compensation•The 2019 Committee recommended/approved•Desire to maintain Compensation Committee in the future• Mayoral $139,387.162025$131,745.902024$119,769.00 2023Actual Dollars budget years. for 2025 calendar and a 5.8% increase increase in 2024 recommends a 10% The committee conditions.current market out of line with Mayoral Salary is Recommendation City Council $20,174.472025$19,068.502024$17,335.002023Actual Dollars budget years. for 2025 calendar and a 5.8% increase increase in 2024 recommends a 10% The committee conditions.current market City Council Salaries Recommendation Committee 2 years to make adjustments as required.communities. Trust your compensation committee to do the hard work every leaders of our city and causes a further gap between us and neighboring Failure to approve these recommended wage increases only hurts future . expected valueinflation rates and Even the proposed increases only result in appropriate corrections based on approximate 13% increase during that same time period.10% increase from 2 years ago, while most General City Staff have seen an line with both CPI and COLA published factors. We are only recommending a These increases are factored against raises already given to City staff and in recommendations.These recommended increases are smaller (as a percentage) than our 2022 must continue approving increases in compensation. in the future, this council broad participation order to ensure quality and product of demographics and substantial market growth for 20 years. In The compensation for the Mayor and City Council members has been a by Analysis