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2024-02-20 Work Session
CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, February 20, 2024 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Luke Cavener (5:00 PM) Councilwoman Liz Strader Councilman Joe Borton Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Adopted Motion to approve made by Councilman Borton, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilwoman Strader, Councilman Borton 1. Approve Minutes of the January 29, 2024 City Council / ACHD Joint Meeting 2. Approve Minutes of the February 6, 2024 Meridian City Council Work Session 3. Stapelton No.3 Sanitary Sewer Easement (ESMT-2024-0016) 4. The Oaks North No.13 Sanitary Sewer Easement (ESMT-2024-0027) 5. Final Order for Graycliff Estates Subdivision No, 5 (FP-2023-0029), by KB Home, generally located south of W. Harris St. and west of S. Meridian Rd. 6. Memorandum of Agreement between Ada County Highway District and the City of Meridian to implement a cloud based Opticom Program 7. Memorandum of Understanding between Idaho Transportation Department, Office of Highway Safety and Meridian Police Department for Alive at 25 8. 2024 Season Agreement for Priority Use of Fuller Park and Storey Park Mo Brooks Field Sports Facilities Between Meridian Youth Baseball (MYB) and the City of Meridian 9. Utility License Agreement between Pioneer Irrigation District and the City of Meridian 10. Fiscal Year 2024 Budget Amendment in the amount of $6,300.00 for Idaho State Liquor Division Mini Grant award to the Meridian Anti-Drug Coalition 11. Fiscal Year 2024 Budget Amendment in the amount of $22,450.00 for Alive at 25 Grant, funded by Idaho, Department of Transportation, Office of Highway Safety ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 12. Solid Waste Advisory Commission Annual Update EXECUTIVE SESSION per Idaho Code 74-206(1) to consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code and 74-206(1)(f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Motion to enter executive session made by Councilman Borton, Seconded by Councilwoman Strader. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilwoman Strader, Councilman Borton Into session: 4:45 PM Out of session: 5:29 PM ADJOURNMENT 5:29 PM Meridian City Council Work Session February 20, 2024. A Meeting of the Meridian City Council was called to order at 4:30 p.m. Tuesday, February 20, 2024, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Liz Strader, John Overton, Ann Little Roberts and Doug Taylor. Members Absent: Luke Cavener. Also Present: Chris Johnson, Bill Nary, Laurelei McVey, Scott Colaianni, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE Liz Strader _X_ Joe Borton _X_ Doug Taylor _X_ John Overton X Anne Little Roberts Luke Cavener X Mayor Robert E. Simison Borton: Good evening. We will call the meeting to order. For the record it is February 20th, 2024, at 4:30 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: First item up is adoption of the agenda. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: There are no changes, so I move that we adopt the agenda as published. Strader: Second. Simison: Motion and second to adopt the agenda as published. 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. MOTION CARRIED: FIVE AYES. ONE ABSENT. CONSENT AGENDA [Action Item] 1. Approve Minutes of the January 29, 2024 City Council /ACHD Joint Meeting Meridian City Council Work Session February 20,2024 Page 2 of 7 2. Approve Minutes of the February 6, 2024 Meridian City Council Work Session 3. Stapleton No. 3 Sanitary Sewer Easement (ESMT-2024-0016) 4. The Oaks North No. 13 Sanitary Sewer Easement (ESMT-2024-0027) 5. Final Order for Graycliff Estates Subdivision No. 5 (FP-2023-0029), by KB Home, generally located south of W. Harris St. and west of S. Meridian Rd. 6. Memorandum of Agreement between Ada County Highway District and the City of Meridian to implement a cloud based Opticom Program 7. Memorandum of Understanding between Idaho Transportation Department, Office of Highway Safety and Meridian Police Department for Alive at 25 8. 2024 Season Agreement for Priority Use of Fuller Park and Storey Park Mo Brooks Field Sports Facilities Between Meridian Youth Baseball (MYB) and the City of Meridian 9. Utility License Agreement between Pioneer Irrigation District and the City of Meridian 10. Fiscal Year 2024 Budget Amendment in the amount of $6,300.00 for Idaho State Liquor Division Mini Grant award to the Meridian Anti- Drug Coalition 11. Fiscal Year 2024 Budget Amendment in the amount of $22,450.00 for Alive at 25 Grant, funded by Idaho, Department of Transportation, Office of Highway Safety Simison: Next up is the Consent Agenda. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move that we approve the Consent Agenda as published. For the Mayor to sign and Clerk to attest. Strader: Second. Meridian City Council Work Session February 20,2024 Page 3 of 7 Simison: 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 agenda -- or the Consent Agenda is agreed to. MOTION CARRIED: FIVE AYES. ONE ABSENT. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items moved from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 12. Solid Waste Advisory Commission Annual Update Simison: So, we will move on to Department/Commission Reports. Item 12, which is Solid Waste Advisory Commission annual update, and will be presented this evening by Commission Chair Steve Cory. Cory: Mr. Mayor, Members of Council, I am Steve Cory and chair of the Solid Waste Advisory Commission. I stand here representing the Solid Waste Advisory Commission and bring you their greetings and thanks. Last year we had three commissioners complete their terms on the commission and you have appointed two additional commissioners for us, so we are staying strong and fresh and I really appreciate your support for what we do. We currently have two openings, so if there is anyone else that's interested in joining our group we are looking to welcome them. One of our primary responsibilities as the community -- community recycling fund program -- the balance at this point is roughly 82,000 dollars. Revenues and expenditures last year were roughly equal. SWAC is currently looking at refining a proposal to use the remainder of the funds, but we aren't looking at it like really quick, but we hope to come up and give you some kind of a recommendation for how to go ahead and use these funds efficiently to support the goals and desires of the city. Another of our ongoing activities is monitoring the supplemental services that are currently being provided to the ratepayers through a subscription system. We are always looking to see whether those reach a threshold where maybe they need to be brought into the overall program, instead of just a subscription process. In both cases, for grass and glass, the number of subscriptions jumped quite a bit. Still not significant compared to the number of -- of households that we have got in this city. So, at this time we have no recommendations for changes to either of those two programs. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you. I do have some feedback for you regarding the subscription services. So, one thing I noticed when I was expanding my own service to add one of the subscriptions is that the city is not able to bill directly for that additional service and Meridian City Council Work Session February 20,2024 Page 4 of 7 so, you know, customers end up having to pay Republic separately on a quarterly basis for those and I just -- I think it's worth having a discussion about at least seeing if the city can just add that into the billing process. So, that customers aren't signing up for a separate bill that they have to then remember every few months. I just -- I think it would improve the amount of people that -- that would be interested in the ongoing services, because it's just -- it's a real hassle to have to address that just a few times per year, instead of just having it added to your bill. So, I just -- I thought I would just provide that feedback. Cory: Thank you very much for that. I know that's something that billing goes ahead and considers and such and so we will make sure that they are aware that that feedback has come in. SWAC participated last year in, essentially, all of our -- well, all of our legacy activities. We did add this last year an art contest and participated in the art week. Of course, Trash and -- or Treasure has been a very beloved activity for this city and city staff makes it happen. Basically all that SWAC members are doing is providing reports from their neighborhoods. But this continues to be something that people identify as something they love. SWAC participated in the Public Works Expo and had a booth there to go ahead and ask -- answer questions about recycling and what's acceptable in recycling and how do you get rid of the things that are outside of the realm of recycling and normal waste pickup. We had about 70 visitors stop by our booth. It's a good outreach activity for us. Recycle a bicycle is growing by leaps and bounds as you can see in the report. We got a significant number of interest -- interested parties. By the time we were ready to hand out bicycles we had 32 ready and a couple of people showed up and learned about the program and while we had 29 of them picked up we pretty much got rid of all the bicycles that day. Commissioners Nelson and Walters spearhead that program and do an excellent job with it. But we wouldn't be able to do that without Republic Services. They make it possible and I couldn't miss the opportunity to thank Timber Creek for actually staffing that and being able to put slime in the tires and get the bikes on the road in best condition. The new outreach activity we did last year was over at Art Week. We put together a booth and had a contest for someone using recycled or repurposed materials to make some artwork. You can see the artwork over there on the right side of the photo. And, again, it's just really nice to be there with the public and be able to answer their questions. They seem to continually be wanting the basics presented, so we know that that's something we always have to think about is how are we communicating with the public. Other activities with SWAC is attending the County Solid Waste Advisory Committee meetings. I chair that committee. Conversations there drift towards the life of the landfill and cost of operating the landfill and they are likely to go ahead and dominate our conversations over the course of the next year. There is a new director just started up there, so we are excited to go ahead and see if we can get an improved information flow there. Also SWAC attends the household hazardous waste meetings to be informed on that and be prepared for any potential changes that come with that program. Annual rate adjustment this year was pretty much routine with the CPI adjustment and continuing the cost sharing for residential recycling. The one change we decided needed to be done was to move the cost of the glass recycling out at the transfer station into the -- the budget for waste and go ahead and have that as part of Meridian City Council Work Session February 20,2024 Page 5 of 7 the monthly bill rather than coming out of the community recycling fund and we appreciate your support on that one. Thank you. SWAC received numerous presentations throughout the year. They pretty much boil down to monitoring waste and recycling, CFRP management and outreach and monitoring of rates and for this coming year basically it's the -- generally the same thing as far as improving and protecting the city's waste and recycling practices and systems and being mindful of their ratepayers. I do want to go ahead and say that we are looking forward this year to a bit of a change. You have probably heard that Republic Services has bought Western Recycling and while there is a bit of a period here, a grace period here, we are looking forward to them bringing in some nice changes over there that hopefully we can have our ratepayers enjoy some new opportunities or some easier opportunities and with that I will stand for questions. Simison: Thank you, Mr. Cory. Council, any questions? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Thank you, Commissioner Cory. Really appreciate you presenting all the work that SWAC does. I did have a question. Trash or Treasure is like a beloved program. With the changes in bulk trash pickup, do we expect that that program will change. Will you be directing customers to individually schedule their bulk trash pickup at the end of that week or how are you going to try to navigate the communication with the public? Cory: I would be stepping on staff if I talked about communication on this thing. We don't expect a change per se to Trash or Treasure. Still people will be putting out the things that they think are something that someone else may be wanting to use, but you are right about that. Then after that whether they would immediately go ahead and use one of their ten opportunities to get rid of bulky items or whether they pull them back into their house, it's a little difficult to guess what individual households would do. Certainly give staff a chance if they feel like they want to talk about communications yet, but we are -- maybe at a later time. McVey: So, Commissioner Cory got it pretty much. The residents will need to use the online scheduling form for the bulky item pickup, which we did incorporate your guys' suggestion and that has been working well. So, when Trash or Treasure is over similar to in the past, they will just schedule for Republic to come and pick up their items. Strader: Thank you. Simison: Council, any additional questions, comments, feedback? Borton: Mr. Mayor? Simison: Councilman Borton. Meridian City Council Work Session February 20,2024 Page 6 of 7 Borton: Steve, can you go back to one of your first slides on the recycled -- recycling fund? That 89,000 -- yeah. Right there. So, it's not so much a question, but, Rachele, just love this program year over year and how it's utilized and -- and we remember the long-term commitment that we have in that partnership with Republic and that there are years when it's upside down and Republic has covered it. It seems like sometimes the city gets the benefit of the good and when it's difficult your company kind of covers it. So, I love the program and how it promotes being good stewards of the environment, but it -- and I say this most years -- it embodies the -- the relationship that we have with your company. You treat Meridian like a true community partner. It comes in large share because of your leadership. So, we appreciate you and how this program is managed year over year. So, it's great to see positive funds there and it's great to see its impact in the community when it's expended for things that we all benefit from. So, just wanted to say thank you again for that program and how it's managed. Simison: All right. Well, thank you very much, Mr. Cory, and I know you guys have a lot of things on the horizon and -- and we are really getting to that point in time I think with the changes that are being made in the valley, in the western half of the United States, to think about how we are going to be utilizing the resources that we have on a larger scale or system wide changes -- individual changes. So, I look forward to those conversations in the next coming years. Cory: Thank you. EXECUTIVE SESSION per Idaho Code 74-206(1) to consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code and 74-206(1)(f) to communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated. Motion to enter executive Simison: With that, Council, we have reached the last item on our agenda for the work session. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Move we go into Executive Session pursuant to Idaho State Code 74-206(1)(f). Strader: Second. Simison: Have a motion and a second to go into Executive Session. Do I have discussion? If not, Clerk will call the roll. Roll Call: Borton, yea; Cavener, absent; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Meridian City Council Work Session February 20,2024 Page 7 of 7 Simison: All ayes. Motion carries and we will move into Executive Session. MOTION CARRIED: FIVE AYES. ONE ABSENT. (EXECUTIVE SESSION: 4:45 p.m. to 5:29 p.m.) Simison: Council, do I have a motion? Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we come out of Executive Session. Overton: Second. Simison: Have a motion and a 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: FOUR AYES. TWO ABSENT. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we adjourn the meeting. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have. We are adjourned. MOTION CARRIED: FOUR AYES. TWO ABSENT. MEETING ADJOURNED AT 5.29 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) 3 5 2024 MAYOR ROBERT E. SIMISON DATE APPROVED ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the January 29, 2024 City Council /ACHD Joint Meeting Meridian City Council-ACHD Joint Meeting January 29,2024 Page 26 of 26 Simison: And if I could just add, I think that I want to say thank you to ACHD on the corridor out to Owyhee. I mean that's really -- you know, someone who lives south at -- near Mountain View and to finally get that road completed many years after that school and this is actually coming light years ahead compared to use that as a comparison point in life, but the rate Owyhee High School basketball team is performing, you know, people are going to be flocking out there and they do it at night when the -- in the winter time when the roads are challenging and to have that improvement will just hopefully make that a safer experience for all going out that direction and it's tying into Highway 16 when it's built is just going to enhance to that corridor. So, we appreciate it. I appreciate it. I assume everyone else here does as well to help get to that important connection point in our community. All right. Thank you very much. We have reached the end of our agenda. Is there anything else for the good of the order? If not, do I have a motion to adjourn? Borton: Mr. Mayor, I move we adjourn. Simison: I have a motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 7:29 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 2/20/2024 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approve Minutes of the February 6, 2024 Meridian City Council Work Session Meridian City Council Work Session February 6,2024 Page 36 of 36 staff to alter all applicable use and area maps as well as the official zoning maps and all applicable official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance; providing that copies of this ordinance shall be filed with the Ada County Assessor, the Ada County Treasurer, the Ada County Recorder, and the Idaho State Tax Commission, as required by law; and providing an effective date. Simison: Thank you. Council, you have heard this ordinance read by title. Is there anybody that would like it read in its entirety? If not, do I have a motion? Overton: Mr. Mayor? Simison: Councilman Overton. Overton: I move that we approve Ordinance No. 24-2047. Cavener: Second. Simison: Have a motion and a second to approve Ordinance No. 24-2047. Is there any discussion? If not, Clerk will call the roll. Roll Call: Borton, yea; Cavener, yea; Strader, yea; Overton, yea; Little Roberts, yea; Taylor, yea. Simison: All ayes. Motion carries and the item is agreed to. MOTION CARRIED: ALLAYES. Simison: We have reached the end of our agenda. Council, do I have a motion to adjourn? Borton: Mr. Mayor, I move we adjourn. Simison: Motion to adjourn. All in favor signify by saying aye. Opposed nay? The ayes have it. We are adjourned. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 6.14 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 2/20/2024 ATTEST: CHRIS JOHNSON - CITY CLERK E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Stapelton No.3 Sanitary Sewer Easement (ESMT-2024-0016) ADA COUNTY RECORDER Trent Tripple 2024-008693 Project Name or Subdivision Name: BOISE IDAHO Pgs=5 VICTORIA BAILEY 02/21/2024 09:20 AM Stapleton 3 CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number If the project contains more than one easement of this type.See instructions/checklist for additional information. For internal Use Only Record Number: ESMT-2024-0016 SANITARY SEWER EASEMENT This Easement Agreement Made this°"20th Day of February 2024 between -(320 Lt - ("Grantor")and the CityofMeridian,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 VWHBRF,AS,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: _(SEE ATTACHED EXHIBITS A and B) 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. 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 of this easement. 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 1 Version 01/01/2024 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 pant 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 thereofagainst 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 iiirst herein above written. GRANTOR: fj?10 ��- L / /VV"' STATE OF IDAHO ) ss County ofAda ) 'Op ✓I �,� _ This record was acknowledged before me on _ da te) by i (name of individual), [complete the following l sign zg in a represent ive ca acity, d�strike the following f signing in an individual capacity] on behalf of_ ' (name of entity on behalf of whom record was executed), in the following representative capacity: ^11n�,r� (type of authority such as officer or trustee) Notary Stamp Below adAl- 4,yt" o�G�"OOS16101480004 AA 1N�L 41V�;�,�� Notary Signature 1��� O,rARY�•� ,�• My Commission Expires:_R-�; ,n pUBLIk No �G�° i ti �• Q •00"4r,Ee OF Sanitary Sewer Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison,Mayor 2-20-2024 Attest by Chris Johnson, City Clerk 2-20-2024 STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on 2-20-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk,respectively. Notary Stamp Below Notary Signature My Commission Expires: 3-28-2028 • Sanitary Sewer Easement Page 3 Version 01/01/2024 5awtooth Land 5urveym,g, LLC; P: (20(5) 398 81 041 F: (206) 398-8105 2030 -9. VVA5hinyton Ave., Emmett, IU 8361 7 Sewer Easement Description FeASIS CAE BEARING for this legal description is S. 00032'48" W. between an illegible aluminum cap, marking the E1/4 Corner and an illegible aluminum cap, marking the southeast corner of Section 25, T. 3 N,, R. 1 W., B.M., City of Meridian, Ada County, Idaho, A 20-foot-wide easement located in the NE1/4 SE1/4 of Section 25, T. 3 N., R. 1 W., B.M., City of Meridian, Ada County, Idaho, more particularly described as follows: COMMENCING at an illegible aluminum cap, marking said E1/4 corner; Thence S. 42018'54"W., 127.60 feet to an ITD brass cap marking and angle point in the easterly boundary of Stapleton Subdivision No. 1, as shown in Book 120 of Plats, at Pages 18746-18750, Ada County Records; Thence S. 01132'48"W., coincident with said easterly boundary, 13.40 feet to the POINT OF BEGINNING; Thence continuing, S. 0032'48"W., coincident with said easterly boundary, 20.00 feet; Thence leaving said easterly boundary, N.,89°31'51" W,, 35.78 feet; Thence S. 45°31'43"W., 226.88 feet; Thence N. 44128'17"W., 20.00 feet; Thence N. 45131'43" E., 235.1S feet; Thence S. 89131'51" E., 44.07 feet to the POINT OF BEGINNING. The above described easement contains 5,419 square feet and/or 0.12 acres, more or less. 1 I_ 17 11:\2022\1 Emn122071-STAPI ETON 3\Survey\Drawings\Descriptions\122071 STAPLETON 3 SEWER EASEMENT.docx h Cl) ko `!V N PR01i, y� o 38 cat m Q Cif, "o to Ln to ko m ® 80 2M rn c� r p / H / q C 'np O N ti r 1 FF- o ' 0 n z, m� `� �_ L1 L4 \ � s cP. i oo p,b G> m F\ m n �C 00(jo m bJzz � S. ME,RIDIAN RD. (STATE HIVY 69) _ m uN, ^w Wo S 0032'48"W 2664.87'-BASIS OF BEARINGS cn ro 3-. p nxi O C] r w v � , E — E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: The Oaks North No.13 Sanitary Sewer Easement (ESMT-2024-0027) Project Name or Subdivision Name: ADA COUNTY RECORDER Trent Tripple 2024-008690 The Oaks North Subdivision No. 13 BOISE IDAHO Pgs=5 VICTORIA BAILEY 02/21/2024 09:19 AM CITY OF MERIDIAN, IDAHO NO FEE Sanitary Sewer&Water Main Easement Number: 1 Identify this Easement by sequential number if the project contains more than one easement of this type.See instructions/checklist for additional information. For Internal Use Only Record Number: ESMT-2024-0027 SANITARY SEWER EASEMENT THIS Easement Agreement made this 20th day of February 20 24 between Toll Southwest LLC ("Grantor")and the City ofMeridian,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 V6'HE:REAS,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: (SEE ATTACHED EXHIBITS A and B) 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. 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 ofthis easement. 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 1 Version 01/01/2024 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 thereofagainst 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 ofany 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: To I 16L,+ L L C STATE OF IDAHO ) ss County ofAda ) This record was acknowledged before me on L/ 711-LI (date) by Ryan Hammons (n<une of individual), [eorrlplete the.Jollowirrg l signing in a representative cupucity, oi-strike rfre,iollowing I)signing in (it? hitlivichfal ccr1mcity] on behalf of Toll Southwest LLC (name of entity on behalf of whom record was executed), in the following representative capacity: Division President (type of authority such as officer or trustee) Notary Stamp Below Notary Si�re �/ 7/�2 My Commission Expires:_ KYLE PREWM Notary Public-State of Idaho Commission Number 20223246 My Commission Expires Jul 7,2028 Sanitary Sewer Easement Page 2 Version 01/01/2024 GRANTEE: CITY OF MERIDIAN Robert E. Simison, Mayor 2-20-2024 Attest by Chris Johnson, City Clerk 2-20-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-20-2024 (date) by Robert E. Simison and Chris Johnson on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Stamp Below Notary Signature 3-28-2028 My Commission Expires: Sanitary Sewer Easement Page 3 Version 01/01/2024 Legal Description City of Meridian Sanitary Sewer Easement The Oaks North Subdivision No. 13 An easement being located in the SE '/4 of the NE '/4 of Section 28, Township 4 North, Range 1 West, Boise Meridian, City of Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a Brass Cap monument marking the northeast corner of said Section 28, from which a Brass Cap monument marking the southeast corner of the NE %4 (E '/4 corner) of said Section 28 bears S 0°29'20" W a distance of 2638.62 feet; Thence S 0°29'20" W along the east boundary of said NE '/4 a distance of 2209.04 feet to a point; Thence leaving said boundary N 89022'02" W a distance of 48.00 feet to the POINT OF BEGINNING; Thence S 0°29'20" W a distance of 40.00 feet to a point; Thence N 89°22'02" W a distance of 131.42 feet to a point; Thence S 77°25'20" W a distance of 26.13 feet to a point on a curve; Thence a distance of 49.10 feet along the arc of a 55.00 foot radius non-tangent curve left, said curve having a central angle of 51°08'41" and a long chord bearing N 45'10'47" W a distance of 47.48 feet to a point; Thence N 77°25'20" E a distance of 56.35 feet to point; Thence S 89°22'02" E a distance of 135.95 feet to the POINT OF BEGINNING. This easement contains 6,825 square feet (0.157 acres) more or less and is subject to any other easements existing or in use, Clinton W. Hansen, PLS Land Solutions, PC August 24, 2023 \oNP� rgNos �`� \S T �, Gp A 0 �- 11118 OF \OP 5D �GTO N W N P� tJ The Oaks North Subdivision No 13 Land S—eying and Consulting Meridian Sewer Easement Job No. 18-35 Page 1 of 1 CITY OF MERIDIAN SANITARY SEWER EASEMENT THE OAKS NORTH SUBDIVISION NO. 13 LOCATED IN THE SE 1/4 OF THE NE 1/4 OF SECTION 28, T4N, R1W, BM MERIDIAN, ADA COUNTY, IDAHO E 1/16 - f - N89'25'35"W 1307.26' _ _ 21 22 W. CHINDEN BLVD. 26 27 0 N89'22'02"W o 48.00' N I POINT OF BEGINNING N77'25'20"E 56.35 S89'22'02"E 135.95" 1 ---6,825 SF----- o 0 0.157 ACRES j o cy) � -------- —__ • od S77'25'20"yy N89'22'02"W 131.42' Ln N z 26.13' W p CMo �pROpOSED SUBDIVISION o13 <n TH NO < 0NKS Y U Q J m Z t 0' 50' 100, 200' 1/4 28 27 CURVE TABLE CURVE # LENGTH RADIUS DELTA BEARING CHORD C1 49.10' 55.00' 51'08'41" N45'10'47"W 47.48' \QNp,L LA NOS T F G,PL �.c ir CL ob ff?8�O _ OF �� �5� Lan lutions �N yy,NP Land Surveying and Consulting 231 E.5TH ST.,STE.A MERIDIAN,ID 83642 (208)2852040 (208)288-2557 fax www.iandsolutions.biz JOB NO. 18-35 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Final Order for Graycliff Estates Subdivision No, 5 (FP-2023-0029), by KB Home, generally located south of W. Harris St. and west of S. Meridian Rd. BEFORE THE MERIDIAN CITY COUNCIL HEARING DATE: FEBRUARY 6, 2024 ORDER APPROVAL DATE: FEBRUARY 20, 2024 IN THE MATTER OF THE ) REQUEST FOR FINAL PLAT ) CONSISTING OF 39 BUILDING ) CASE NO. FP-2023-0029 LOTS AND TWO (2) COMMON ) LOTS ON 5.86 ACRES OF LAND IN ) ORDER OF CONDITIONAL THE R-8 ZONING DISTRICT FOR ) APPROVAL OF FINAL PLAT GRAYCLIFF ESTATES ) SUBDIVISION NO. 5 ) BY: KB HOME ) APPLICANT ) This matter coming before the City Council on February 6, 2024 for final plat approval pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the Administrative Review is complete by the Planning and Development Services Divisions of the Community Development Department, to the Mayor and Council, and the Council having considered the requirements of the preliminary plat, the Council takes the following action: IT IS HEREBY ORDERED THAT: 1. The Final Plat of"PLAT SHOWING GRAYCLIFF ESTATES SUBDIVISION NO. 5, LOCATED IN THE SE 1/4 OF SECTION 25, T.3N., R.I W., B.M., CITY OF MERIDIAN, ADA COUNTY, IDAHO, 2023, HANDWRITTEN DATE: NOVEMBER 2, 2023,by CLINTON W. HANSEN, PLS, SHEET 1 OF 3,"is ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAYCLIFF ESTATES NO. 5 FP-2023-0029 Page 1 of 3 conditionally approved subject to those conditions of Staff as set forth in the staff report to the Mayor and City Council from the Planning and Development Services divisions of the Community Development Department dated February 6, 2023, a true and correct copy of which is attached hereto marked"Exhibit A" and by this reference incorporated herein, and the response letter from Sabrina Durtschi, KB Home, a true and correct copy of which is attached hereto marked "Exhibit B" and by this reference incorporated herein. 2. The final plat upon which there is contained the certification and signature of the City Clerk and the City Engineer verifying that the plat meets the City's requirements shall be signed only at such time as: 2.1 The plat dimensions are approved by the City Engineer; and 2.2 The City Engineer has verified that all off-site improvements are completed and/or the appropriate letter of credit or cash surety has been issued guaranteeing the completion of off-site and required on-site improvements. NOTICE OF FINAL ACTION AND RIGHT TO REGULATORY TAKINGS ANALYSIS The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight(28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAYCLIFF ESTATES NO. 5 FP-2023-0029 Page 2 of 3 Please take notice that this is a final action of the governing body of the City of Meridian,pursuant to Idaho Code § 67-6521. An affected person being a person who has an interest in real property which may be adversely affected by this decision may, within twenty- eight(28) days after the date of this decision and order, seek a judicial review pursuant to Idaho Code§ 67-52. By action of the City Council at its regular meeting held on the 20th day of February , 2024. By: Robert E. Simison Mayor, City of Meridian 2-20-2024 Attest: Chris Johnson 2-20-2024 City Clerk Copy served upon the Applicant,Planning and Development Services Divisions of the Community Development Department and City Attorney. By: Dated: 2-20-2024 ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT FOR GRAYCLIFF ESTATES NO. 5 FP-2023-0029 Page 3 of 3 EXHIBIT A STAFF REPORT E COMMUNITY N -- COMMUNITY DEVELOPMENT DEPARTMENT D A H O HEARING 2/6/2024 � DATE: HARRIS S7. TO: Mayor&City Council FROM: Sonya Allen,Associate Planner PHASE #3 r, 208-884-5533 PHASE ' PHASE #4 a 0 SUBJECT: Graycliff Estates No. 5 Z PHASE #2 FP-2023-0029 PHASE #5 LOCATION: Generally located south of W. Harris St. SITE and west of S. Meridian Rd., in the SE _ 1/4 of Section 25,T.3N.,R.1W. , AMITY RE. I. PROJECT DESCRIPTION Final Plat consisting of 39 building lots and two(2)common lots on 5.86 acres of land in the R-8 zoning district for the fifth phase of Graycliff Estates Subdivision. II. APPLICANT INFORMATION A. Applicant: Sabrina Durtschi,KB Home— 1414 Bannock,Boise,ID 83702 B. Owner: Thomas Coleman,KB Home— 1414 Bannock,Boise,ID 83702 C. Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2019-0129)in accord with the requirements listed in UDC 11-6B-3C.2. In order for the proposed final plat to be deemed in substantial compliance with the approved preliminary plat as set forth in UDC 11-613-3C.2,the number of buildable lots cannot increase and the amount of common area cannot decrease. There is no change to the number of buildable lots and the amount of common open space is the same,therefore, Staff deems the proposed final plat to be in substantial compliance with the approved preliminary plat as required. IV. DECISION Staff recommends approval of the proposed final plat with the conditions noted in Section VI of this report. Page 1 V. EXHIBITS A. Preliminary Plat(dated: 1/31/2020) GRAYCLIFF ESTATES SUBDIVISION PRELIMINARY PLAT-MERIDIAN,IDAHO-2020 vr,c,ca.r ,w.mxrc.wo \.__ �\ ,►, ""• `S\ ��••-•- FRELIMINA PL T 1 TES FREUVIVARY PLOT]4TA •t s' ✓ � \ 3 # AMR$= I. it lx _ '-�• r �s_'r•'L 7 nE vJ � a � x e g. .E.. Y j. T-I,l..LET TEET ER, 1� TT T I_`i _L M E R PP-1 B. Final Plat(dated: 11/2/23) GRAYCLIFF ESTATES SUBDIVISION NO.5 Rook PAGE LOCATED IN THE SE 114 OF SECTION 25,T 3N_,R_1 W_,B_M_, CITY OF MERIDIAN,ADA COUNTY,IDAHO 2023 i,sr.� cxr nsT. mr-oanx aa�aaev e w.x+wgs Si— iaczai�v ieemex umb � n �� mn Rrm nnw.• LLLj 5� �� sexsYa52 isioV _� m .y. � u �nalani wnu�rRraas.xn. '� L FF I -n PaNi Of xEtlNMW R� ® .n 1 SV.N' ]OB' FIT NOTES ........ T. Itiq .um K. _ .... 0 � .w. mt. w —� —`� r---aaP... ��x`4 � v + i L :i. �s :.. r�:.�y � .1-sw• � .m��.�e,ne rex.o�ree,wuen,io��nuw w,arc�na]aNau MN T. ,V Jr0} -x„nTN[rtt�cri[wnna leGwnwiN a e 4 a ©p t��@ ®g � ypgyl ® � °_ I� �$9 R 4 NptlR'15"w xe16r' EA IWllm 1�.11m tl,l' Rn nFnE�u^eiaEi RII'ZM TBwaiWllPh]�n w�luPociii�xRu fw funw is JO �ir,0.aa]uo�aTl�0.xKiuc ttatrw,eo.aeewva Mfw1A19ie QE nw,m uo a wrcxaw r-- .�E° a",a��:::�� -.";ur"'•'xi._g:.' a"o r�a '�;r a1E°=rorc ,.-�.�Z.��..."TM-1 �'T. LEGEND R�,w.eo,�w.o..w.xoa„neou.u.r C'..Tq. LNE TAG LE ® _ QIRIE/Lf]IGIrI RNIIIS NfLTx CUING •=kOiC CMEr LFRGIH xRECIIOI O •n 2�.ewn,nsiv'm¢u En]✓xxrv.in»�r ct S]W Et.W vuY ursYYut i ,9 �nr�r rasnEa«cr[er>&+.em[nicrear 38 mar rear sss ntl o ,xne���] o,e�"sin...exi M,]m>"��a,`."`xeA.en'.°o�mxem&. i5 re.tY w.oY aH� smrl,t �a.H V ruxY �envraY Tn 0.9 ] iecR,ms cF we uan'r,w,a Slrc 47Dx ANbR' 9NRA-AT SW AN' WiVYMti O ,f„ uj G i.Y ruw' nYiC arVTi£ if! SW xts�,nat o rar eei 7aia aTSHv —__— R,er xwsy,c w aver Rma�a w"w.r.We nw s,ssRwv anWc ".✓� wTn�rEn �R, SURVEY NARRATNE ♦� 2� Un blutions T. 2 r, y1 Land 5urveying and Consulting I']esax T.."I =T Y —px�IRa.,fSf"(9 RIME ;W�AeMifa A�ur.O,n •lxiY 11.HT uocl�s-ao�o Vm��relma-�ssr SHEET 1 OF 3 Page 3 C. Common Driveway Exhibit WINICI tz W—N 0--]E 2 S 12.00' SETIMCK LOT 42, CLOCK 5 TO TAKE ACCESS FROM TANDYCRDFIAVE. _j T__ .................. o .............. .... 20,GO' COMMON LOT 46 TO BE OWNED A AND MAIINTAPHEI) GY THE H.0-A, 12.00' I LOT WILL HAVE BLANKET UTILITY AND CROSS ACCESS EASEMENT Lcyr 43, BLOCK 5 TO TAKE ACCESS FROM WIDE W. LYRA ST. IDMMOM DRIVE. DRIVEWAY _j ....... 20.00' 5 DRIVE -00' 12.00' 20-00' _U WX_W E SETBACK LOT 44, BLOCK S TO rAXE ACCESS WM L"MMON DMVF— 20.00' 5.00' 20-00' MUCK s DOC WAGE F_ @ 20.00, T& E LOT 47, SLOCK 5 TD GARAGE 1. TAKE ACCESS FWN T.W_ LYPjk S LCrr TAKE CLOCK 5 TO 20.00' ACCESS FROO COMMON DRIVE- 24' WIDE SETBACK DRIVEWAY WL 0 20' 40' SCALE 1 20' DRAWN :3Y: sd COMMON DRIVE CHECKED B': r-SK CK ENGINEERING DATE: 11/27/23 1300 E. STATE ST.. SUITE 12_ EXHIBIT FILE- r—m-r—F-45-Dou — EAGLE. ID 83616 n I R-a wmmlwmurFwf%cwAT5vhuEn PHONE 208-639-191}2 D. Landscape Plan(dated: 10/31/2023) - L4N�SCRPE NOTES: LANDSCPPEPWJ-OVERALL: STACK ROCK .. W._iARW NT cT. Noax i. .o. m es m L ND CAPEREQUI1 MENM �� I E •i •eou.oexnreeueeour o li �{, _� ,.,,— ,� ,� _�_ J- , $ _ I �VJ yd •«..�,m.M�..R li PHA5E5 JPHASE5 I` RH 5 lANQ5CAPEPLAN- I y L4Nd5GAPEP5 - I IANME EPLAN- I S li am -��o� I uiEAs-L�oz I --Lim I C7 a PLAN- OVERALL r ,• L100 Page 5 r--- --— �z a O O O O BLOCK II I LANDSCAPE MATERIALS LEGEND I '�"' •.�• `.,.. m I cad I I I I II I II I I —° ---------------o, iISL>v1 _ m +L101 ------------- I I --7 I I I I , BLOCK7 I ' I I , 0 0 .'"_•�"`�""'" Ric<>:;i iix�i£:`::�i'>::<�: >az>:;'.:- iz S LANDSCAPE MATERIALS LEGEND �•�• LIILLLI I � I I � I I � I I I � I ------------- PUH-nR�r.z L102 CK R ----------------- BLOCK ------- --------- 0 Lo LANDSCAPE MATERIALS LEGEND i-AA MA ELI . ..... ........ -————————————————————————— I———————————————————————— ———- —FE P-A-3 5TACK R Lo Ll 50 Page 7 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division 1. Applicant shall meet all terms of the approved annexation(Development Agreement-Inst. #2015-112095, l'Addendum Inst. #2019-086664,and 2'Addendum Inst. #2020-066784) and preliminary plat(H-2019-0129) applications approved for this site. 2. The applicant shall obtain the City Engineer's signature on the subject final plat within two years of the City Engineer's signature on the previous phase final plat; or apply for a time extension, in accord with UDC 11-6B-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 Land Solutions, stamped by Clinton W. Hansen, dated: 11/2/2023, included in Section V.B shall be revised as follows: a. Note#10: Include the recorded instrument number for the ACHD temporary license agreement. b. Legend: Include the recorded instrument number of the ACHD permanent easement line. A copy of the revised plat shall be submitted with the final plat for City Engineer signature. 5. The landscape plan prepared by Stack Rock Group, dated 10/31/2023, included in Section V.D, shall be revised as follows: a. Depict a 5-foot wide landscape strip planted with shrubs,lawn or other vegetative groundcover along the east side of the common driveway on Lot 46, Block 5 in accord with UDC 11-6C-3D.5. b. Include calculations for street trees planted within parkways(total linear feet of parkways and required vs.provided number of trees— 1 tree is required per 35 linear feet of parkway minus 26' for each driveway)as set forth in UDC 11-3G-3B.4. A copy of the revised plan shall be submitted with the final plat for City Engineer signature. 6. Future development shall be consistent with the minimum dimensional standards listed in UDC Table 11-2A-6 for the R-8 zoning district. 7. Homes on Lots 43-45,Block 5, shall comply with the setbacks depicted on the common driveway exhibit in Section VII.C. 8. Off-street parking is required to be provided for all residential units in accord with the standards listed in UDC Table 11-3C-6 based on the number of bedrooms per unit. 9. Comply with the standards for common driveways listed in UDC 11-6C-3D. 10. Future homes within the development shall be generally consistent with the building elevations referenced in the Development Agreement(Inst. #2020-066784). 11. Prior to signature of the final plat by the City Engineer,the applicant shall provide a letter from the United States Postal Service stating that the applicant has received approval for the location of mailboxes. Contact the Meridian Postmaster, Matthew Peterson,at 208-887-1620 or Matthew.W.Peterson(c-r�,usps.gov for more information. 12. All fencing shall comply with the standards of UDC 11-3A-7C. 13. 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 https:11weblink.meridianciU.or,g/WebLink/DocView.aspx?id=329923&dbid=0&repo=MeridianC iv C. Department of Environmental Quality(DEQ) https:llweblink.meridiancily.orglWebLinkIDocView.aspx?id=330211&dbid=0&repo=MeridianC iv Page 9 EXHIBIT B From: Durtschi,Sabrina To: Sonya Allen Subject: RE:Graycliff Estates#5 FP-2023-0029 Staff Report for Council on Feb.6th Date: Wednesday,January 24,2024 3:31:26 PM External Sender-Please use caution with links or attachments. Thanks Sonya, it looks good to me. Sabrina Customer- Ranked HOME National Homebuilder Built on Relationships From: Sonya Allen <sallen@meridiancity.org> Sent: Monday,January 22, 2024 4:57 PM To: Clerks Comment<comment@meridiancity.org> Cc: Bill Parsons <bparsons@meridiancity.org>; Durtschi, Sabrina <sdurtschi@kbhome.com> Subject: Graycliff Estates#5 FP-2023-0029 Staff Report for Council on Feb. 6th EXTERNAL EMAIL: Do not click links or open attachments unless you recognize the source of the Attached is the staff report for the final plat for Graycliff Estates#5. This item is scheduled to be on the consent agenda at the City Council work session on Feb. 6th. The meeting will be held at City Hall, 33 E. Broadway Avenue, beginning at 4:30 pm. Please call or e-mail with any questions. If you are not in agreement with the provisions in the staff report, please submit a written response to the staff report to the City Clerk's office (comment(@meridiancit)I.org) and me as soon as possible and the item will be placed on the regular meeting agenda at a subsequent meeting for discussion. Thanks, Sonya Allen I Associate Planner City of Meridian I Community Development Department I Planning Division 33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642 Phone: 208-884-5533 1 Direct/Fax: 208-489-0578 C�,VE ID� Built for Business, Designed for Living All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law, in regards to both release and retention,and may be released upon request, unless exempt from disclosure by law. W IDIAN� AGENDA ITEM ITEM TOPIC: Memorandum of Agreement between Ada County Highway District and the City of Meridian to implement a cloud based Opticom Program WYALV Joseph Bongiorno CFI, CFEI Deputy Chief of Prevention Meridian Fire Department 33 E Broadway Ave Suite 210 Meridian, Idaho 83646 jbongiomo@meridiancity.org 208-888-1234 02/08/2024 RE: Cloud Based Opticom Agreement Mayor and City Council: On I I/1/2023, I presented to the ACHD commissioners on our desire to implement a cloud based Opticom program. Commissioners were agreeable to our project, but wished to have a legal agreement in place. This agreement was written by our legal and reviewed by ACHD. I am requesting the Mayor and City Council to approve so we can take it to ACHD Commission to approve. Please let me know if you have any additional questions. Thank you, Joseph Bongiorno Deputy Chief of Prevention Meridian Fire Department . 33 E. Broadway, Suite 210, Meridian, ID 83642 Phone 208-888-1234 . Fax 208-895-0390 . www.meridiancity.org INTERAGENCY AGREEMENT BETWEEN ADA COUNTY HIGHWAY DISTRICT AND CITY OF MERIDIAN FOR CONNECTION OF OPTICOM CLOUD PLATFORM TO TRAFFIC CONTROL SYSTEM This INTERAGENCY AGREEMENT BETWEEN ADA COUNTY HIGHWAY DISTRICT AND CITY OF MERIDIAN FOR CONNECTION OF OPTICOM CLOUD PLATFORM TO TRAFFIC CONTROL SYSTEM ("Agreement") is made and entered into this 20th day of February , 2024 ("Effective Date")by and between the Ada County Highway District, a single county-wide highway district organized under the laws of the state of Idaho ("ACHD"), and the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") (collectively, "Parties"). WHEREAS,ACHD is a single county-wide highway district, a public entity, organized and existing pursuant to Idaho Code Title 40, Chapter 14, as amended and supplemented, with the exclusive jurisdiction and authority to maintain, improve, regulate and operate public rights- of-way in Ada County; WHEREAS, City is a municipal corporation organized and operating pursuant to Idaho Code Title 50, as amended and supplemented with jurisdiction, authority and police power to regulate and control municipal activities within the City; WHEREAS, Idaho Code § 67-2332 provides that one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity or undertaking which each public agency entering into the contract is authorized by law to perform,provided that such contract is authorized by the governing body of each party and that such contract shall set forth fully the purposes,powers, rights, objectives and responsibilities of the contracting parties; WHEREAS, Global Traffic Technologies, LLC, whose address is 7800 Third Street North, Building 100, Saint Paul, Minnesota ("GTT") administers the Opticom Cloud Platform, cloud technology that can be used to allow fire trucks responding to an emergency to directly request from ACHD's traffic control system an immediate green light from the traffic controller in the direction of the fire truck's travel, and a red light in all opposing directions, thereby clearing each intersection of traffic by the time the emergency vehicle arrives; WHEREAS,use of the Opticom Cloud Platform offers increased safety for motorists and public safety personnel, as well as increased response times for emergency vehicles; WHEREAS,the Parties wish to undertake a cooperative effort to implement the Opticom Cloud Platform for this purpose, as described in Exhibit A; WHEREAS,ACHD is willing to accommodate City's request, subject to the terms, conditions and obligations set forth in this Agreement and so long as ACHD receives assurances from City that it will fully reimburse ACHD for all actual costs including, without limitation, any indirect costs and expenses that ACHD incurs as a result of the additional work attributable to this Agreement; MOA BETWEEN ACHD AND CITY OF MERIDIAN-OPTICOM CLOUD PLATFORM PAGE 1 NOW, THEREFORE, in consideration of the foregoing premises, mutual covenants and agreements herein contained, the parties hereto agree as follows: I. ACHD RESPONSIBILITIES. A. Connection to Opticom Cloud Platform. ACHD agrees to collaborate with GTT to confirm that all traffic controllers are NTCIP 1202 compatible, and, if so, create a virtual private network("VPN") to connect ACHD's traffic control system to the Opticom Cloud Platform. B. Traffic control system programming.ACHD agrees to work with GTT to connect the ACHD traffic control system to the Opticom Cloud Platform via VPN. This will require, without limitation,providing a reachable IP address and preemption port for each traffic controller, authorization of intersection traffic control system connectivity, and accurate phase and layout information for each applicable intersection. C. VPN testing. ACHD agrees to work with GTT to conduct on-site assessment to test the VPN between the traffic network and Opticom Cloud Platform, confirm communications with applicable traffic controllers, and authorize activation of cloud-based preemption system at each applicable intersection. D. Work with GTT. ACHD shall work directly with GTT to resolve any claims relating in any way to work or products addressed by this Agreement, and shall submit any and all such claims to City as well as to GTT. City shall indemnify, save harmless and defend, regardless of outcome, ACHD from expenses and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any and all such claims regardless of the outcome of the City's efforts to resolve said claims with GTT. This duty to indemnify, defend, and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution; Idaho Code Title 6, Chapter 9; and to any other limitations set forth in law or this Agreement. II. CITY RESPONSIBILITIES. A. Agreement with GTT. City has entered into a written agreement with GTT, attached as Exhibit B. City shall comply with its responsibilities thereunder, and shall require GTT to uphold its obligations thereunder, particularly as it relates to data and system security, as set forth in that agreement. The Parties acknowledge that GTT is owned by and works closely with Miovision Technologies Incorporated, whose address is 137 Glasgow Street, Suite 110, Kitchener, Ontario ON N2G 4X8, Canada("Miovision"), and further acknowledge that GTT brands its products and services using the Miovision name. B. Costs. City shall be liable to ACHD for the cost of any repairs necessitated by the work contemplated by this agreement, and shall be liable for and indemnify, defend and hold ACHD harmless for any and all costs, claims and damages resulting from such work. This duty to indemnify, defend, and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution; Idaho Code Title 6, Chapter 9; and to any other limitations set forth in law or this Agreement. MOA BETWEEN ACHD AND CITY OF MERIDIAN-OPTICOM CLOUD PLATFORM PAGE 2 C. Payment. City shall remit to ACHD,within thirty(30) calendar days after the date of invoice,payment for all costs for which City is responsible pursuant to this Agreement, to include mobilization, traffic control, flagging, detours and ACHD staff time necessary to fulfill ACHD's responsibilities as set forth herein. III.General Provisions A. Day-to-day communications. Communication between ACHD and City regarding operational matters shall occur via e-mail or telephone. City shall provide ACHD the name, e-mail address, and telephone number of specific City personnel ("City Contact") who shall serve as the liaison between City and ACHD for day-to-day matters. ACHD shall provide City the name, e-mail address, and telephone number of specific ACHD personnel ("ACHD Contact")who shall serve as the liaison between ACHD and City for all operational matters. B. Notices. All other notices under this Agreement shall be addressed to the other party at its address set forth below, or to such other address that the receiving party may designate from time to time in a writing to the other party to the address set forth below or as modified. Unless otherwise agreed herein, all notices may be delivered to the respective address below by personal delivery, nationally recognized overnight courier, or U.S. Mail. If to City: If to ACHD: City of Meridian Ada County Highway District Attn: City Clerk Attn: Bruce S. Wong 33 E. Broadway Avenue 3775 N Adams St, Meridian, Idaho 83642 Garden City, ID 83714 C. Term. This Agreement shall be in effect from the date of the last signature to this Agreement, and shall continue until September 30, 2034, unless terminated as otherwise provided herein. Unless earlier terminated, upon expiration of this Agreement, it shall automatically renew on a year-to-year basis. D. Indemnification. City shall indemnify, save harmless and defend, regardless of outcome, ACHD from expenses and against suits, actions, claims or losses of every kind, nature and description, including costs, expenses and attorney fees caused by or arising out of any negligent acts by City or City's officers, employees, agents or contractors while acting within the course and scope of their employment, which arise from or which are in any way connected to work or products addressed by this Agreement. Such indemnification hereunder by City shall in no event cause the liability of City for any negligent act to exceed the amount of loss, damages or expenses of attorney fees attributable to such negligent act, and shall not apply to loss, damages, expenses or attorney fees attributable to the negligence of ACHD. This duty to indemnify, defend, and hold harmless is subject to the limitations of Idaho law, including Article VIII, Section 4, Idaho Constitution; Idaho Code Title 6, Chapter 9; and to any other limitations set forth in law or this Agreement. E. Termination. MOA BETWEEN ACHD AND CITY OF MERIDIAN-OPTICOM CLOUD PLATFORM PAGE 3 1. Termination for noncompliance. Default occurs if a party fails to comply with its obligations under this Agreement, and the breaching party does not cure such noncompliance within ten (10)business days after receipt of written notice from the non-breaching party informing it of such noncompliance. If at the end of such cure period, the breaching party is still in default or noncompliance, then the non- breaching party may terminate this Agreement in writing, to be effective immediately upon personal delivery mailing. Upon such termination, the non-breaching party may pursue all legal, equitable, and other remedies available. The breaching party shall be liable for all expenses that are incurred by the non-breaching party as a result of the default, including, but not limited to, the costs of procuring substitute performance, legal fees, and losses incurred due to default. 2. Termination for convenience. City or ACHD, in either party's sole discretion, may terminate this Agreement for any reason by providing at least thirty(30) days' prior written notice to the other party. F. Responsibility for damages. 1. No warranty. ACHD makes no warranty or representation to City of any kind, express or implied, regarding the suitability of or compliance with any applicable laws by ACHD's structures or systems, or any portion thereof, for any aspect or use described herein. City agrees that it and GTT will be using ACHD's structures and systems "as is,""where is," and"with any and all faults." City waives any claims against ACHD for defects in ACHD's structures or systems, including latent defects. 2. Personal liability. In no event will an agent of either party be personally liable or responsible for any representation, statement, covenant, warranty or obligation contained in, or made in connection with, this Agreement, express or implied. 3. Limitation of liability.ACHD is not liable for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of or relating to any breach of this Agreement, whether or not such damages were foreseeable or City was advised of the possibility of such damages, regardless of the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and notwithstanding the failure of any agreed or other remedy of its essential purpose. This limitation of ACHD's liability shall not apply to (i) liability resulting from ACHD's gross negligence or willful misconduct and(ii) death or bodily injury resulting from ACHD's acts or omissions.No action for breach of this Agreement or otherwise relating to this Agreement may be brought more than one year after the accrual of the cause of action. G. No joint entity established. This Agreement envisions no joint establishment or maintenance of a budget. Each party shall appropriate or otherwise procure the funds necessary to fulfill its obligations under this Agreement. This Agreement does not create a separate legal entity to conduct the joint or cooperative undertaking envisioned herein. This Agreement envisions no joint acquiring, holding, or disposing of any property. Each party shall be responsible for its own property. MOA BETWEEN ACHD AND CITY OF MERIDIAN-OPTICOM CLOUD PLATFORM PAGE 4 H. Time of the essence. Time shall be of the essence for all events and obligations to be performed under this Agreement. I. Legal obligations. This Agreement does not relieve any party of any obligation or responsibility imposed upon it by law. J. Compliance with law. The parties shall comply with all federal, state, city, and local laws, rules, and regulations. For any installation, maintenance, or other work necessary requiring licensure, City shall employ or contract with individuals carrying the requisite licenses and credentials. K. Force majeure. For purposes of this Agreement, "force majeure event"means, with respect to a party, any event or circumstance,whether or not foreseeable, that was not caused by that party, and any consequences of that event or circumstance. If a force majeure event prevents a party from complying with any one or more obligations under this Agreement, that inability to comply will not constitute breach if. 1) that party uses reasonable efforts to perform those obligations; 2) that parry's inability to perform those obligations is not due to its failure to (a) take reasonable measures to protect itself against events or circumstances of the same type as that force majeure event or(b) develop and maintain a reasonable contingency plan to respond to events or circumstances of the same type as that force majeure event; and that party complies with its obligations under this section. If a force majeure event occurs, the noncomplying party shall promptly notify the other party of occurrence of that force majeure event, its effect on performance, and the expected duration of such effect. Thereafter the noncomplying party shall update that information as reasonably necessary. During a force majeure event, the noncomplying party shall use reasonable efforts to limit damages to the other party and resume its performance under this Agreement. L. Assignment. Except with the prior written consent of the other party, neither party may transfer 1) any discretion granted under this Agreement, 2) any right to satisfy a condition under this Agreement, 3) any remedy under this Agreement, or 4) any obligation imposed under this Agreement. Any purported transfer in violation of this section will be void. M. Entire agreement. This Agreement constitutes the sole and entire agreement between the Parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter. This Agreement may not be enlarged, modified, amended or altered except in writing signed by both of the parties hereto. N. Amendments.No amendment to, or modification of this Agreement is effective unless it is in writing, identified as an amendment to this Agreement, and signed by the individuals having the positions of the signatories to this Agreement. Any amendment or modification shall become effective upon signature of all signatories to this Agreement. O. Severability. This Agreement is intended to be as broad and inclusive as is permitted by applicable law, and if any provision of this Agreement is held to be unenforceable by a court of competent jurisdiction for any reason, 1)the validity, legality, and enforceability MOA BETWEEN ACHD AND CITY OF MERIDIAN-OPTICOM CLOUD PLATFORM PAGE 5 of the remaining provisions of this Agreement (including without limitation, all portions of any provisions containing any such unenforceable provision that are not themselves unenforceable) are not in any way be affected or impaired thereby, and 2) to the fullest extent possible, the unenforceable provision is to be deemed modified and replaced by a provision that approximates the intent and economic effect of the unenforceable provision and the Agreement is to be deemed amended accordingly. P. Nonwaiver.No waiver by any party of any of the provisions hereof is effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party operates as, or is to be construed as, a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy,power, or privilege arising from this Agreement operates as, or is to be construed as, a waiver thereof; nor does any single or partial exercise of any right, remedy,power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy,power, or privilege. Q. Non-Appropriation. ACHD acknowledges that the validity of this Agreement is based upon the availability of public funding under the authority of City's statutory mandate. Notwithstanding anything in this Agreement to the contrary, City's obligations under this Agreement to provide payment to Contractor as described herein shall be subject to and dependent upon appropriations being made by City Council for such purpose. The officer or administrator charged with the responsibility of preparing the Fire Department's budget shall include in each fiscal year's proposed budget an amount necessary to fulfill the City's responsibilities under this Agreement. In the event that despite the best efforts of City, City determines that funds for any amounts under this Agreement will not be available or cannot be obtained during any succeeding fiscal period, City shall terminate this Agreement prior to the commencement of such succeeding fiscal period by giving written notice to ACHD and GTT of such determination at least 60 days prior to the first day of such succeeding period for which an appropriation has not been made by City. R. No third-party beneficiaries. This Agreement benefits solely the parties who sign this Agreement and their respective successors and permitted assigns. Nothing in this Agreement, express or implied, confers on any third party any legal or equitable right, benefit, or remedy under or by reason of this Agreement. S. Legal counsel. All parties have been represented by legal counsel, and no party shall be deemed to be the drafter of this Agreement for purposes of interpreting an ambiguity against the drafter. T. Controlling law. This Agreement is to be construed and enforced in accordance with the laws of the United States and of the state of Idaho without regard to its conflict of law provisions. U. Choice of forum.No party may commence any action, litigation, or proceeding against the other party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, including equity, tort, fraud, and statutory claims, in any MOA BETWEEN ACHD AND CITY OF MERIDIAN-OPTICOM CLOUD PLATFORM PAGE 6 forum other than the courts of the state of Idaho sitting in Ada County, and any appellate court from any thereof, or, if such court does not have subject-matter jurisdiction, the United States District Court for the District of Idaho. Each party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and must bring any such action, litigation, or proceeding only in such courts. A final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law. V. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. W.Warranty of authority. Each person executing and signatory to this Agreement represents and warrants that the execution, delivery, and performance of this Agreement has been duly authorized by all necessary action of each respective party; that such person is, at the time of execution, duly authorized by the respective Party's governing body to bind such Party in all respects; and acknowledges and agrees that this Agreement is and shall be a valid and binding obligation upon the Parties to this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the Effective Date first written above. ADA COUNTY HIGHWAY DISTRICT: ATTEST: BY: Alex Pickering, President e . Wong, Director CITY OF MERIDIAN: ATTEST: ;4ce-A6' BY: �4 Robert E. Si , Mayor 2-20-2024 Chris Jo on, City erk 2-20-2024 MOA BETWEEN ACHD AND C[TV OF MER1DJAN-OPT[COM CLOUD PLATFORM PAGE 7 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Memorandum of Understanding between Idaho Transportation Department, Office of Highway Safety and Meridian Police Department for Alive at 25 MEMORANDUM OF UNDERSTANDING Between IDAHO TRANSPORTATION DEPARTMENT, OFFICE OF HIGHWAY SAFETY And THE MERIDIAN POLICE DEPARTMENT PURPOSE: The purpose of this Memorandum of Understanding (MOU) is to formalize a cooperative relationship to increase the number of new students completing the Alive at 25 classes each consecutive year between the Idaho Transportation Department, Office of Highway Safety (ITD/OHS) and the Meridian Police Department with principal offices located at 1401 E Watertower St, Meridian, ID 83642. ITD/OHS provides young adult drivers an educational opportunity to become a more defensive driver.The goal is to increase the number of new students completing the Alive at 25 classes each consecutive year by having certified law enforcement present Alive at 25 (Alive at 25) classes to those 15-24 years of age. These efforts are directed to eliminate deaths and serious injuries of youthful drivers. Interactive discussions, videos and role playing teach young adults about traffic safety topics relating to unanticipated events of driving, becoming more aware and responsible as drivers, and understanding the Collision Formula: recognize the hazard, understand the defense, and act correctly, in time. AUTHORITY: The authority for ITD to enter into this MOU include, but are not limited to the following: Idaho Code Section 67-2326 through 67-2333 and 67-2339, and any other provisions of state or federal law or regulation directly pertaining to this memorandum. RESPONSIBILITIES AND PROCEDURES: Meridian Police Department Shall: 1. Complete, sign, scan and submit the signed Agreement to ITD; 2. Maintain National Safety Council current instructor certification: a. All instructors shall be certified by the National Safety Council; b. All instructors shall present a minimum of 2 classes per year; c. Complete Alive at 25 mandatory curriculum update training; and d. Instructors shall maintain current employment with the Meridian Police Department, and be in good standing. 3. Submit reimbursement claims in WebCARS within one month of completion of the course. 4. Instructor shall be evaluated by the OHS Alive@25 coordinator one time every three years. 5. Promote the Alive at 25 Program to young adult drivers, their parents, prosecutors and judges, law enforcement colleagues, and within the local and surrounding communities. 6. Agency shall encourage instructor involvement with young adults in local community youth groups and area schools for events, conferences and activities. Such involvement shall focus on responsible traffic safety of drivers and passengers. Alive at 25 Agreement Page 1 of 4 Class requirements are as follows: 1. The primary instructor shall be the responsible party for scheduling the class on the Alive at 25 website, printing the Certificates of Completion and closing a class. 2. Classes shall be held for 4.5 hours to provide adequate time for all required NSC and CSPFF approved curriculum. 3. Utilize the Alive at 25 website for setting up all classes, updating student enrollments, printing certificates of completion and closing the class. 4. All students shall use the https_/Lliveat2S.us website to registerfor classes. 5. Classes shall not be set up for other instructors unless written permission has been provided by the Alive at 25 Program Coordinator. 6. Classes shall have no more than 30 students attending the class unless the Alive at 25 Program Coordinator provides prior written approval. The minimum number recommended for a class is 8 students with one instructor, 12 with two instructors; however if at least 5 students have registered, one instructor may seek Alive at 25 Program Coordinator written approval to offer the class. 7. Classes shall not be cancelled unless absolutely necessary. Every effort shall be made by the primary instructor to find a replacement instructor, if unable to attend a scheduled class. 8. Notify the Alive at 25 Program Coordinator if you are unable to find a replacement instructor,who will attempt to find a replacement instructor. 9. If a class is changed or cancelled, the primary instructor shall contact via email, text or telephone message, each registered student to ensure the student is notified of the cancellation and provided the opportunity to be placed in another class. Failure to comply may result in the termination of this Agreement. 10. Present a professional image and demeanor at all times. Instructors shall not engage in any activities that may offend or harass any student for any reason. 11. Police uniforms and or visible duty weapons are highly discouraged. It has been determined that police uniforms can create barriers to learning. a. If a uniform is worn, the instructor shall have prior Agency approval. b. Instructor dress shall be clean, neat and professional. 12. Request class location set up on the Alive at 25 website by emailing the Alive at 25 Program Coordinator. Include the location address, city, zip code, contact name, and telephone number responsible for the class, if different from the instructor. 13. Instructors are responsible for the care and maintenance of all equipment, course products and videos which have been funded by the OHS and issued by the CSPFF and NSC to the Agency: a. For DVD replacement due to normal wear, the Agency shall notify the Alive at 25 Program Coordinator. b. The Agency shall reimburse the CSPFF the current replacement cost for any materials lost, damaged (not including normal wear and use), or stolen due to negligence. Notify the Alive at 25 Program Coordinator of the loss or damage. For stolen property,the Agency shall complete a police report for the stolen property and submit a copy of the report to the Alive at 25 Program Coordinator, ITD/OHS SHALL: 1. Reimburse Agency as follows: • Primary Instructors= a stipend of$350 for 4.5 hours of instruction and all other administrative tasks involved in setting up a class, printing and providing certificates to students, and closing a class. Instructors shall participate throughout the 4.5 hours. • Secondary Instructors= a stipend of$300 for 4.5 hours for class sizes of 12 to 30 students, and shall team instruct throughout the 4.5 hours. Alive at 25 Agreement Page 2 of 4 2. All stipend compensation claims shall be certified as to: a. Name(s) of instructor(s); b. 4.5 hours for each class with hours over 4.5 documented as a total; C. Number of students completing the class; and d. Submitted via the electronic reimbursement system for Alive at 25 on WebCARS known as "e Alive at 25". e. All stipend compensation claims, documentation and reports shall be submitted monthly. Final stipend compensation claims shall be submitted no later than July 30 each state fiscal year, or claims may not be reimbursed. f. OHS does not reimburse for vehicle mileage, equipment or supplies used in presenting the Alive at 25 classes, unless otherwise approved by the Alive at 25 Program Coordinator. 3. Provide statewide coordination of the Alive at 25 Program by the Alive at 25 Program Coordinator or designee. 3. Provide the Instructor with Alive at 25 Course Guides and Certificates of Completion. 4. Pay the National Safety Council annual dues for each certified instructor. ASSURANCES, REQUIREMENTS, TERMS, CONDITIONS AND LIMITATIONS 1. Code of Conduct: No employee, officer, or agent of the Agency shall participate in the selection, award or administration of a contract supported by grant funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award: o The employee, officer or agent. o Any member of his or her immediate family. o His or her partner. o An organization which employs, or is about to employ any of the above-listed. a. Instructors shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. b. Agency guarantees there is no entry into any form of collusion with anyone or involving any form of payment,dependent upon or resulting from the award of this contract or subcontract(s). 2. Conferences, Inspection of Work, Grant Monitoring: Conferences may be held at the request of either party to this Agreement. A representative of OHS and/or the Idaho Transportation Department can visit the site for the purpose of inspection and/or assessment of work being performed at any time. 3. Travel: Travel for approved training,the Highway Safety Summit or out-of-state travel shall conform to ITD policies and procedures. Allowable reimbursements cannot be greater than those authorized for state employees,and reimbursements shall be made to the Agency for grant project travel. ITD policy requires economical and practical modes of travel, lodging, as well as moderate dining, reimbursed at state approved rates. 4. Personally Identifiable Information (PI1). Pursuant to this Agreement,the Agency may collector the State may disclose to the Agency, Personally Identifiable Information (PII), which the State has in conformance with Title 49, Chapter 2 Idaho Code and the Federal Driver Privacy Protection Act, regards as confidential. PII is information that identifies an individual,including, but not limited to, an individual's photograph,social security number,driver identification number, name, address, telephone number, and any medical or disability information. PII shall belong solely to the State, and the Instructor shall use such information only in the performance of its services under this grant. The Instructor shall not disclose PII to any third party except with the State's prior written consent, or under a valid order of a court or governmental agency of competent jurisdiction, and then only upon Alive at 25 Agreement Page 3 of 4 timely notice to the State. The State may require the Instructor's officers, employees, agents or subcontractors agree in writing to the obligations contained in this section. All PII shall be returned to the State within twenty(20) working days of termination of this Agreement. The confidentiality obligation contained in this section shall survive termination of this grant. The Instructor shall notify the State within 24 hours of any loss,theft or inadvertent disclosure of PII. 5. Agency Point of Contact:The person preparing and submitting reports and reimbursement claims is (NAME,TITLE,telephone, Fax, email, physical address and warrant mailing address) 6. Responsibility for Claims and Liability: Agency or Instructors shall be required to save and hold harmless OHS/ITD from all claims and/or liability due to the negligent acts of Instructor or Instructor's subcontractor(s), agents, or employee(s). 7. Future Funding: Failure to comply with any of the terms of this Agreement may jeopardize the agency in receiving future funding from OHS. 8. Indemnification: Agency or Instructor agrees to indemnify, defend and hold harmless ITD, its officers, agents, employees from and against any and all claims, suits, losses, damages or costs, including reasonable attorney's fees, arising from or by the use of any grant including but not limited to the Alive at 25 grant. 9. Dispute Resolution: Any dispute, disagreement or question of fact concerning this Agreement shall be decided by the OHS Highway Safety Manager. The decision shall be in writing and shall be distributed to the parties concerned. If the Agency disagrees with the decision by the OHS Highway Safety Manager,the decision may be appealed to the Director of the Idaho Transportation Department. The appeal must be made in writing within 30 days of the OHS decision, and served by certified mail. 10. Entire Agreement: This Agreement, including any attachments, constitute the entire Agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations (oral or written), not specified herein regarding this Agreement. Any amendments to this Agreement shall be in writing. 11. Contract Term: shall be July 1, 2021 through June 30, 2024,three year agreement. 12. Future Appropriations: Nothing in the Agreement between ITD and Meridian Police Department shall be construed as limiting or expanding the statutory or regulatory responsibilities of any involved Instructor or individual in performing functions granted to them by law; or as requiring either entity to expend any sum in excess of its respective appropriation. Each and every provision of this Agreement is subject to the laws and regulations of the State of Idaho and of the United States. 13. Termination: Either party may terminate this Agreement upon 30 days written notice to the other party. In the event of termination of this Agreement,the terminating party shall be liable for the performance rendered prior to the effective date of termination. IN WITNESS WHEREOF, PARTIES HAVE EXECUTED THIS AGREEMENT. This agreement is in effect from date of signature until June—.30,_2024. r By Printed Name of Law Enforcement Agency Director or delegate Robert E. Simison, Mayor 2-20-2024 Effective Date Attest: Chris Johnson, City Clerk Alive at 25 Agreement Page 4 of 4 W IDIAN� AGENDA ITEM ITEM TOPIC: 2024 Season Agreement for Priority Use of Fuller Park and Storey Park Mo Brooks Field Sports Facilities Between Meridian Youth Baseball (MYB) and the City of Meridian AGREEMENT FOR PRIORITY USE OF SPORTS FACILITIES—2024 SEASON This AGREEMENT FOR PRIORITY USE OF SPORTS FACILITIES—2024 SEASON is made this 20th day of Febrary , 2024,by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Meridian Youth Baseball, a nonprofit corporation organized under the laws of the State of Idaho ("MYB"). WHEREAS, City and MYB have historically worked together to enhance the Meridian community's quality of life by providing and supporting recreational opportunities for members of the Meridian community; WHEREAS, MYB desires to use, for its baseball programming, the baseball fields at Fuller Park, 3761 W Park Creek Drive, Meridian, Idaho, and Mo Brooks Field at Storey Park, 205 E. Franklin Road, Meridian, Idaho, including all associated facilities, amenities, infrastructure, infields, outfields, fences, and/or vegetation("Fields"); NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and MYB agree as follows. I. PRIORITY USE OF FIELDS. Throughout the term of this Agreement, MYB shall be entitled to priority use of the Fields for baseball practice sessions, games, tournaments, classes, camps, and related preparatory activities, which priority use shall preclude non-MYB uses of the Fields, at the times set forth in Exhibit A. MYB shall not be entitled to use the Fields for any purpose on any date or time other than those listed in Exhibit A, except where MYB makes a separate facility reservation through the Meridian Parks and Recreation Department. III. RIGHTS AND OBLIGATIONS OF PARTIES. A. General rights and obligations of MYB regarding Fields. 1. Consideration. In consideration for the priority use granted by this Agreement, MYB shall pay to City the amount of sixteen thousand, three hundred seventy dollars and sixty- four cents ($16,370.64). MYB shall make such payment by remitting to City two (2) installments. MYB shall pay to City the first installment of twelve thousand, two hundred seventy-seven dollars and ninety-eight cents ($12,277.98)by August 1, 2024, and the second installment of four thousand and ninety-two dollars and sixty-six cents ($4,092.66)by November 1, 2024. AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE 1 2. Communication of MYB Fields use. Communication between MYB and City regarding Fields use and scheduling shall occur by e-mail between MYB Contact and City Contact. Each party shall have the right to rely upon such communication in scheduling its uses of Fields. 3. Tournament staffing not included. MYB's payment to City pursuant to this Agreement shall include staffing for routine maintenance as set forth herein. MYB shall be responsible for payment of all fees due and owing for additional City staffing and services necessitated by tournament play. 4. Reserve other use. MYB's use of the Fields on days or times other than as specifically set forth in Exhibit A shall be scheduled in accordance with City policy regarding field reservations and scheduling, including all applicable reservation and use fees. Reservation of the Fields on days or times other than as specifically set forth in Exhibit A shall be scheduled on a first-come, first-served basis, and at such days and times, MYB shall be on an equal footing with the general public regarding its use of Fields, which shall include,but shall not be limited to, reservation requirements,priority of reservation of Fields, and payment of reservation and other applicable fees. 5. General field preparation. Except as expressly provided in this Agreement, MYB shall be solely responsible at all times for any and all necessary field preparation necessary for its baseball programming, including, but not limited to, raking and chalking. 6. Reasonable use. MYB shall employ best efforts to ensure that its use of Fields and Fields facilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable. Where MYB's use of Fields and Fields facilities, infrastructure, and/or vegetation causes disproportionately excessive damage to same, MYB shall reimburse City for the cost or proportionate cost of necessary repairs and/or replacement. MYB shall exercise best efforts to see that any and all use of Fields, where such use is scheduled or authorized by MYB, is in compliance with all laws and with City's policies regarding use of City parks and/or facilities, including, but not limited to, such reasonable policies as may be adopted or enacted by the Director of the Meridian Parks and Recreation Department. 7. Collection of fees. MYB shall have right to assess and collect reasonable fees for participation from members of the MYB program. MYB shall not collect any admission fee for access to Fields facilities. Except as otherwise agreed in writing, City shall not be entitled to any fee assessed and/or collected by MYB. 8. Equipment. Except as specifically set forth in this Agreement, MYB shall be solely responsible for providing, maintaining,preparing, repairing, and/or replacing any and all necessary equipment for any and all MYB activities at Fields. Any and all known and unknown risks and costs related to or arising from the use or storage of MYB's AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE 2 equipment, including,but not limited to, loss or theft of, damage to, and damage or injury caused by such equipment, shall be borne solely by MYB. 9. Banners. MYB shall be responsible for removing from Fields any banners or notices posted by MYB. 10. No right to exclude conveyed. Any exclusive use granted to MYB by this Agreement shall include neither the right to exclude any law-abiding person from Fields where such person is not interfering with MYB's use thereof, nor the right to interfere with any person's concurrent, lawful use of Fuller Park, where such concurrent use does not conflict or interfere with MYB's use. MYB shall exercise any exclusive use granted by this Agreement only in accordance with the terms of this Agreement and in accordance with any and all applicable laws and City policies. B. General rights and obligations of City regarding Fields. 1. Notification of Fields closure. City shall provide thirty(30) days'notice to MYB when the Fields or any portion thereof will be closed for routine or scheduled maintenance or repair of Fields facilities, infrastructure, vegetation, or other component, except that City may undertake,with fewer days'notice or no notice, emergency maintenance or repairs necessary to protect the health, safety, and/or welfare of the public, or where such alterations, construction, or improvements will not unreasonably affect MYB's use of amenities or facilities as set forth in this Agreement. 2. Maintenance and utilities. City shall provide all necessary utilities and services to MYB and Fields, including, but not limited to, electricity, restrooms, water, sewer, and/or waste removal. City shall maintain the turf, including re-seeding, sod laying, weed and/ or pest control, fertilizing, mowing, and irrigating. City shall be responsible for general fence, field, and facility maintenance. 3. Bases. City shall provide bases for MYB's use on the Fields. MYB shall ensure that bases are left on the Fields for use by other Fields users. 4. Stop use; field location. Any duly authorized agent or employee of City may stop priority or scheduled use of Fields and/or City facilities, including play in progress, at any time where such action is warranted due to field or other conditions, or coach,player, or spectator conduct. Any duly authorized agent or employee of City may require that MYB utilize or not utilize a particular field or fields due to weather conditions and/or turf quality. 5. Public spaces. The parties hereto expressly acknowledge that Fields are public spaces, the management and scheduling of which shall at all times be within the sole purview of City. City shall have the right to use or allow the use of Fields for any and all purposes AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE 3 and under any and all conditions, so long as such use does not conflict or interfere with MYB's priority or scheduled use of the Fields. 6. Scheduling; collection of fees. City shall be solely responsible for scheduling all use of Fields and Fields facilities and amenities. In accordance with its policies, City shall have right to assess and collect reasonable user fees from persons who use Fields; however, the amount of such user fees shall not exceed costs and expenses actually incurred. MYB shall not be entitled to any Fields user fee assessed and/or collected by City. IV GENERAL PROVISIONS. A. Day-to-day communications. Communication between MYB and City regarding day-to- day matters (e.g., issues related to use, scheduling, and maintenance of Fields) shall occur via e-mail, facsimile, or telephone. City shall provide MYB the name, e-mail address, and telephone number of specific City personnel ("City Contact")who shall serve as the liaison between City and MYB for all matters regarding the day-to-day scheduling, use, and maintenance of Fields and Fields. MYB shall provide City the name, e-mail address, and telephone number of specific MYB personnel ("MYB Contact")who shall serve as the liaison between MYB and City for all matters regarding the day-to-day scheduling, use, and maintenance of Fields and Fields. B. All other notice. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when sent via electronic mail ("e-mail"), personally served, or mailed via United States mail, to the following personnel and address: Steve Siddoway Ryan Bias Parks and Recreation Dept. Director President City of Meridian Meridian Youth Baseball 33 E. Idaho Avenue 13601 W. McMillan Road Meridian, Idaho 83642 Boise ID 83713 ssiddoway@meridiancity.org dr.ryanbias@gmail.com Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other parry in the manner herein provided. C. Quarterly review. The MYB Contact and the City Contact shall meet quarterly to review Fields use and scheduling, address any problems which may have arisen, and discuss improvements regarding the parties'joint use of Fields. D. Conflict Resolution. If either party believes that the other party is not fulfilling its obligations as established by this Agreement, the complaining party shall give written notice of its complaint to the other party. The party receiving the complaint shall, within fifteen (15) calendar days, correct the situation and confirm the correction in writing, or reject the complaint, explaining the mitigating circumstances and why a remedy cannot be achieved. AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE 4 E. Assignment. MYB shall not assign or sublet all or any portion of MYB's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. City shall not assign or sublet all or any portion of City's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of MYB. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the parties. F. No agency. Neither MYB nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in their use and occupancy of Fields. G. Indemnification; insurance. MYB and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in MYB programming, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions,judgments for damages, or injury to persons or property and losses and expenses caused or incurred by MYB or any MYB employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of MYB programming, at or in its use of Fields, Fuller Park, Mo Brooks Field, Storey Park, and/or any amenity or appurtenance thereto, or any lack of maintenance or repair thereon, which is not caused by or arising out of the tortious conduct of City. MYB shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of MYB or any MYB employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of MYB programming, MYB covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. City makes no warranty or promise as to the condition, safety,usefulness, or habitability of the premises; MYB accepts Fields for use as is, both at the Effective Date of this Agreement and for each practice session, game, and/or tournament, and any portion thereof. H. Compliance with Laws. In performing the scope of services required hereunder, City and MYB shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. I. Cancellation. The Director of the Parks &Recreation Department may, in his sole discretion, elect to close Fuller or Storey Park, the Fields, and/or Mo Brooks Field, and cancel MYB's priority use and/or reservation, with no notice to MYB, where closure is in the best interest of City or the public health, safety, or welfare, due to weather,Act of God, or other reason. City shall neither assume nor incur any liability for costs, damages, or losses incurred due to such cancellation, except that City shall prorate the amount due and owing AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE 5 under this Agreement, following mutual negotiation and written amendment of this Agreement by the Parties. For purposes of this agreement, an Act of God shall include,but shall not be limited to: fire, storm, flooding, disease, national or local emergency, natural or human-caused disaster, or any other emergency or hazard under which it is illegal, impractical, or unsafe for use of the parks, fields, or other facilities to proceed as scheduled. J. Attorney Fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. K. Term of Agreement. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire as of October 16, 2024. If the parties to this Agreement fail to mutually extend this Agreement, and neither has terminated the Agreement, the term of this Agreement, or such other terms as the parties have agreed upon in writing, shall be renewed automatically for one-year periods thereafter unless terminated by either party in the manner provided in this Agreement. L. Grounds for termination. Grounds for termination of this Agreement shall include, but shall not be limited to: 1. An act or omission by either party which breaches any term of this Agreement. 2. An Act of God or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party. 3. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 4. A decision by either party that termination will serve its best interests. M. Termination process. Either party may terminate this Agreement by providing thirty(30) days'advance written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A seven(7) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon provision of written notice of termination. N. 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. O. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE 6 P. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. Q. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and MYB. The parties signatory hereto represent and warrant that each is duly authorized to bind, respectively, City and MYB to this Agreement in all respects. IN WITNESS WHEREOF,the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. M RIDIAN YOUTH BASEBALL: Ryan s Presid nt CITY OF MERIDIAN: BY: Attest: Robert E. Simison 2-20-2024 Chris Johnson 2-20-2024 Mayor City Clerk AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE 7 Exhibit A MYB 2024 Field Schedule Spring Season Dates Location Schedule Fee Breakdown Total Cost (all sums include March 9 to Fuller Park Monday 3 fields for 3 hours X 5 days a week $7,775.10 May 23 through Friday, =45 hours a week X$10.60 per 5:30 p.m.to hour=$477.00 X 10 Weeks= 8:30 p.m. $4,770.00 3 Fields all day @ $79.50= $238.5 Saturdays, X 11 Saturdays = $2,623.50 8:00 a.m. to 3 fields for 3 hours X 4 days a week 8:00 p.m. = 36 hours X$10.60 per hour= $381.60 (1 week, Monday through May 24 to Fuller Park May 24, 3 fields X 79.50 per day= $238.50 $715.50 May 26 12:00 p.m.to 8:00 p.m. May 25 to May 3 fields X$79.50 per day X 2 days= 26, 7:30 a.m.to $477 8:00 p.m. May 27 to Fuller Park Monday 3 fields X 3 hours X 4 days X$10.60 $381.60 May 30 through per hour= $381.60 Thursday, 5:30 p.m.to May 30 to Fuller Park May 31, 3 fields all day X$79.50 X 3 days= $954 June 2 12:00pm to $715.50 Mo Brooks 8:00pm All day$79.50 X 3 = $238.50 field June 1 and 2, June 3 to Fuller Park Monday 3 fields X 9 days X 3 hours a day X $1,097.10 June 13 through Friday, $10.60 per hour= $858.60 5:30 p.m.to 3 fields all day for 1 Saturday X 8:30 p.m. $79.50= $238.50 June 14 to Fuller Park June 14, 3 fields all day X$79.5 X 3 days= $954 June 16 12:00 p.m.to $715.50 p.Mo Brooks June a June 15 a All day X 3 X$79.50= $238.50 Field and 16, 7:30am to 8:00pm AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE 8 June 17 to Fuller Park Monday 3 fields for 34 days X 3 hours a day $4,674.60 August 1 through Friday, X$10.60 per hour= $3,243.60 5:30 p.m. to 3 fields X 6 Saturdays all day X 8:30 p.m. $79.50 = $1,431.00 Saturdays, Subtotal for Spring Season: $16,551.90 20%discount: - $ 3,310.38 Total cost for Spring Season: $ 13,241.52 Fall Season Dates Location Schedule Cost Breakdown Total Cost August 24 to Fuller Park Wednesday 3 fields X 3 days a week X 3 hours a $3,911.40 October 12 through Friday, day X 7 Weeks X 10.60 per hour= 5:30 p.m. to $2,003.40 8:30 p.m. 3 fields all day Saturday X 8 days X $79.50 per day= $1,908.00 Saturdays, 7:30 a.m. to Subtotal for Fall Season: $ 3,911.40 20%discount: -$ 782.28 Total cost for Fall Season: $ 3,129.12 $ 13,241.52 +$ 3,129.12 Total cost for 2024: $16,370.64 AGREEMENT WITH MERIDIAN YOUTH BASEBALL FOR PRIORITY USE OF FACILITIES PAGE 9 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Utility License Agreement between Pioneer Irrigation District and the City of Meridian RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: (Space Above For Recorder's Use) UTILITY LICENSE AGREEMENT Pioneer Project No. 08-2023 This Utility License Agreement("Agreement") is entered into and made effective this day of ; 20_ , by and between PIONEER IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, whose address is P.O. Box 426, Caldwell, Idaho 83606 ("Pioneer" or the "District") and City of Meridian, whose address is (name of Licensee) 33 E. Broadway Ave. Suite 200,Me ! is ,ID. 83642 ("Licensee"). NOW, THEREFORE, in consideration of the mutual benefits to be received by the District and Licensee, and other good and valuable consideration, which consideration is hereby acknowledged by the parties, and the promises, covenants, agreements, and conditions hereinafter set forth,the parties agree with one another as follows: 1. Grant of Licenses. The District hereby grants a License ("License")to Licensee for the purpose of crossing or encroaching upon the Phyllis Canal (name of canal,lateral or ditch) at the location described in Exhibit A, appended hereto, in order to construct, operate, inspect, maintain, and repair Sewer Lines (list of crossing(s)—power,gas,cable,phone,etc.) This grant of License is subject and subordinate to any UTILITY LICENSE AGREEMENT—Page 1 Pioneer Project No. Rev.5/2023 and all property rights the District has in the Phyllis Canal (name of canal,lateral or ditch) and its corresponding easement, and is further subject to the terms and conditions of the District's current published Standards and Specifications on file, which Standards and Specifications are hereby incorporated by this reference hereto. Licensee expressly acknowledges and agrees that this License does not grant Licensee the right to install any property, utilities, equipment or other facilities, except as may be described in this Agreement, or the right to impair any rights of the District or others in the use of the Phyllis Canal or its corresponding easement. This (name of canal,lateral or ditch) grant of License is expressly conditioned upon the prior receipt by Licensee of any and all necessary approvals from governmental entities and private parties for the activities to be performed under the terms of this Agreement, and is further expressly conditioned upon the District's prior approval of all drawings and plans concerning the activities to be conducted by Licensee under this Agreement. 2. Term of Grant of License. The term of the License shall commence upon the effective date of this Agreement and shall continue for so long as Licensee is in compliance with the terms of this Agreement. The District reserves the right to revoke this License, effective upon thirty (30) days' prior written notice to the Licensee thereof, should Licensee at any time fail to comply with the terms and conditions of this Agreement, and fail to correct such noncompliance within thirty (30) days following service of written notice by the District("Cure Period"). If Licensee begins but cannot complete corrective action within the Cure Period, the Cure Period may be extended, at the sole discretion of the District, for such amount of time as may be reasonably required to complete the corrective action. UTILITY LICENSE AGREEMENT—Page 2 Rev.5/2023 3. Construction, Inspection, Maintenance, Repair, and Replacement of Crossinp- or Encroachment. Licensee, following execution of this Agreement by the parties,may have access across, or within, the Phyllis Canal and its (name of canal,lateral or ditch) corresponding easement to conduct its construction, inspection, maintenance, repair, or replacement of the Underground Sewer Lines as may be necessary, subject to any (type of crossing) restrictions imposed on Licensee's activities set forth in this Agreement. Licensee or its agents and contractors shall perform all work authorized herein in a workmanlike manner, and in accordance with the Engineering Plans and Specifications referenced in Exhibit B. Licensee further agrees to assume responsibility for all work authorized under this Agreement, including general liability and costs regardless of the type of work performed (i.e., including,but not limited to, all construction, installation, inspection,maintenance, repair and replacement work). Any activities by Licensee which may impede or impair the flow of water in the Phyll is Canal _may only be performed during the non- (name of can a],lateral or ditch) irrigation season, which is usually between November 1 and March 15. Licensee expressly acknowledges that the District does not relinquish its ownership rights in any portion of the Phyllis_ Canal or the facility's corresponding easement. (name of canal,lateral or ditch) Licensee shall provide Pioneer a minimum of seventy-two (72)hours' of advance notice prior to commencing construction under this Agreement to provide the District adequate opportunity to adjust its own facility operation and maintenance schedules and activities accordingly, and to provide the District adequate opportunity to schedule any on-site inspection and supervision activities it may choose to perform. 4. Utility Crossings. Licensee shall not allow any other utilities(e.g.,gas, phone, electric, cable, fiber optic, etc.) or any private party to attach to Licensee's facilities UTILITY LICENSE AGREEMENT—Page 3 Rev.5/2023 governed by this Agreement, cross any portion of the Phyllis Canal (name of canal,lateral or ditch) or otherwise use or encroach upon the corresponding easement,without the express written consent of the District. Said written consent may take the form of an addendum to this existing Agreement or, the District, in its discretion, may require that separate license agreements be executed between the District and the utility or private party seeking to cross the Phyllis Canal , or otherwise encroach upon the (name of canal,lateral or ditch) facility's corresponding easement. 5. Express Waiver. In the event that any utilities or private parties do attach to Licensee's facilities governed by this Agreement, cross District facilities and/or systems, or share in the use of District's facility and/or system easements, Licensee, utilities,and/or private parties waive any and all claims against the District,now and in the future,arising from the District's water distribution, operation, and maintenance activities involving its facilities and/or systems. 6. Indemnity. To the extent and as permitted by law, the Licensee shall indemnify, hold harmless, and defend Pioneer, including its officers, directors, employees, members and agents, from all claims for damages or injuries to the extent, and in the proportion, they arise out of Licensee's acts or omissions, or those of its employees, contractors or agents, causing: (a) A hazard or damage to any person or property; (b) An interruption or interference with the flow of water in the Phyllis Canal (name of canal,lateral or ditch) (c) An increase in seepage or any other increase in the loss of water from the Phyllis Canal (name of canal,lateral or ditch) UTILITY LICENSE AGREEMENT—Page 4 Rev.5/2023 (d) The subsidence of soil within or adjacent to the Phyllis Canal (name of canal,lateral or ditch) and/or its corresponding easement; (e) An impairment to the proper functioning of the Phyllis Canal (name of canal,lateral or ditch) (f) An obstruction to Pioneer's access to, operation or maintenance of the Phyllis Canal and/or its corresponding easement; or (name of canal,lateral or ditch) (g) Any other damage to, or interference with,the Phyllis Canal _ (name of canal,lateral or ditch) or its corresponding easement. 7. No Liens. Licensee shall allow no liens as a result of any labor performed or materials supplied in connection with his activities of Licensee, its agents, or contractors to attach to the Phyllis Canal , its easement, or to any (name of canal,lateral or ditch) adjacent lands held by the District. 8. Permits. Licensee represents that he has obtained all permits, licenses,and authorizations required to conduct the activities to be performed under the terms of this Agreement. Additionally, Licensee shall deliver to counsel for the District a copy of a Clean Water Act (33 U.S.C. §§ 1251, et seq.) Section 404 Permit or a non jurisdictional determination (waiver) from the United States Army Corps of Engineers prior to commencement of any construction affecting the District's facilities. In the event that a Section 404 Permit is not required, Licensee shall certify that its construction impacting the District's facilities does not fall under purview of the Clean Water Act and that a Section 404 Permit is not required. The parties hereby recognize and agree that this Agreement will not be executed by the District and recorded until the District is in receipt of the appropriate Section 404 Permit, non jurisdictional determination (waiver), or written certification by Licensee that a Section 404 Permit is not UTILITY LICENSE AGREEMENT—Page 5 Rev.52023 required for the construction contemplated under this Agreement. The applicable Section 404 Permit, non jurisdictional determination (waiver), or certification shall be attached to this Agreement as Exhibit C and made a part hereof. 9. Authorization from Servient Estate Owners. Licensee acknowledgesand agrees that Pioneer has no right or power to create rights in the Licensee affecting the holders of title to property servient to the Pioneer's easements, including that for the Phyllis Canal (name of canal,lateral or ditch) The License granted herein pertains only to Pioneer's rights as the owner of an easement. Any rights affecting fee title must be acquired from the holders of title to such property. Should Licensee fail to obtain such rights from the holder(s) of title to property servient to Pioneer's easements, or should the rights obtained prove legally ineffectual, Licensee shall hold harmless, indemnify, and defend Pioneer to the extent as permitted by law from any claim by any party arising out of or related to such failure of rights. 10. Operation. Maintenance. and Repair of Crossing Improvements. It is recognized by the District that maintenance, repair and/or replacement of the crossing and/or encroaching improvements constructed by Licensee under the terms and conditions of this Agreement, and as identified in Exhibit B, may be necessary subsequent to the execution and recording of this Agreement. In the event that Licensee desires to perform any maintenance, repair and/or replacement of such improvements,they acknowledge and agree that the written consent of the District is required prior to commencement of any such maintenance, repair and/or replacement work unless an emergency reasonably precludes obtaining the District's prior written consent. Licensee shall provide written notice to the District of any emergency repair or replacement as soon as reasonably possible after completing such work. The District agrees that it will consider and act upon all non-emergency written requests for written consent from UTILITY LICENSE AGREEMENT—Page 6 Rev.5/2023 Licensee in a business-like manner. 11. Stormwater Discharge. It is hereby acknowledged and agreed that Pioneer does not approve, authorize, permit, allow, or accept stormwater discharge into any facility owned, operated, and/or maintained by the District, whether it be through a pipe, conduit, culvert, canal, lateral, drain, or other ditch absent Pioneer's prior written permission in the form of a separate license agreement. Licensee agrees not to construct, or allow the construction of, any facilities capable of conveying stormwater discharge into the Phyllis Canal (name of canal,lateral or ditch) unless the discharge is authorized, in writing, by Pioneer as determined within the discretion of the District Board of Directors on a case-by-case basis. 12. Limitations on Liability; Attorney Fees. The parties hereto agree that nothing contained herein shall be construed to create a joint venture, partnership, or other similar relationship which might subject any party to liability for the debts and/or obligations of the other, except as otherwise expressly agreed to in this Agreement. No director, officer, employee, member, agent, or designee of the District shall incur any liability hereunder to Licensee, crossing utility or private party, or any other party, in such person's individual capacity by reason of such person's actions hereunder or by execution hereof. In the event any party hereto shall bring any action to enforce a breach of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorney fees from the nonprevailing party, including any costs and attorney fees on appeal. 13. Further Consideration. The License granted herein benefits the Licensee only, and is of no benefit to the District. Therefore, and in further consideration for inducing the District to grant this License,the Licensee agrees to promptly pay all expenses incurred by the District relating to the negotiation, preparation, and execution of this Agreement. UTILITY LICENSE AGREEMENT—Page 7 Rev.5/2023 14. Entire Agreement. This Agreement contains the entire agreement between the parties hereto with respect to the subject matter of this Agreement. Amendments to this Agreement shall be made only by written instrument executed by each of the parties hereto. 15. Binding Effect. The promises,covenants, conditions and agreements herein contained shall be binding on each of the parties hereto and on all parties and all persons claiming under them or any of them; and the rights and obligations hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. No third parties are intended to benefit from, or obtain any rights under, this Agreement. 16. GoverninQ Law, Severability. If any part of this Agreement is held to be illegal or unenforceable by a court of competent jurisdiction,the remainder of this Agreement shall be given effect to the fullest extent reasonably possible. Further, the validity, meaning and effect of this Agreement shall be construed under and governed by the laws of the State of Idaho. 17. No Waiver. The failure of a party to insist on the strict performance of any provision of this Agreement, or to exercise any right or remedy upon a breach hereof, shall not constitute a waiver of any provision of this Agreement or limit such party's right to enforce any provision or exercise any right. 18. Representation of Parties. (a) District. The District represents and warrants that: (i) it is an irrigation district organized and existing under and by virtue of the laws of the State of Idaho; (ii) it has the capacity and all legal rights necessary to enter into and perform the District's obligations under this Agreement; (iii) all organizational and other actions required to authorize the District to enter into and perform this Agreement have been properly taken; and(iv)this Agreement has been properly executed and delivered by the District and is valid and binding upon the District in UTILITY LICENSE AGREEMENT—Page 8 Rev.5/2023 accordance with its terms. (b) Licensee. Licensee represents and warrants that: (i) it has the capacity to enter into and perform its obligations under this Agreement; (ii) all actions required to authorize Licensee to enter into and perform this Agreement have been properly taken; (iii) it has obtained all permits, licenses, and acknowledgements required to conduct the activities to be performed under the terms of the Agreement; (iv)this Agreement has been properly executed and delivered by the Licensee and is valid and binding upon the Licensee in accordance with its terms; and (v) (check one of the following, if applicable): EK Licensee is an Idaho municipal corporation incorporated and in good standing in the State of Idaho; ❑ Licensee is a partnership established and in good standing in the State of o Licensee is a incorporated or organized and in good standing in the State of 19. Notices. All notices permitted or required to be given under the terms of this Agreement shall be in writing and shall be deemed effective upon receipt if sent by first class mail,postage prepaid, and addressed to the respective party hereto as follows, or at such other address as a party designates in writing. PIONEER IRRIGATION DISTRICT P.O. Box 426 Caldwell, Idaho 83605 City of Meridian Licensee 33 E.Broadway Ave. Suite 200 Meridian, ID. 83642 Address City,State,and Zip Code UTILITY LICENSE AGREEMENT—Page 9 Rev.5/2023 20. Recording. This Agreement shall be recorded upon execution in the office of the County Recorder for each county in which any portion of the land covered by this Agreement is located. IN WITNESS WHEREOF,the parties have hereunto caused their names to be subscribed to this Agreement of the date first set forth above. PIONEER IRRIGATION DISTRICT By Brad Benke, President of its Board of Directors Attest: Judy Read, Secretary/ Treasurer UTILITY LICENSE AGREEMENT—Page 10 Rev.5/2023 STATE OF IDAHO ) ) ss. County of Canyon ) On this_ day of_, 202_, before me, the undersigned Notary Public in and for said state, personally appeared BRAD BENKE known or identified to me to be the President of the Board of Directors of PIONEER IRRIGATION DISTRICT,the person who executed the instrument on behalf of the PIONEER IRRIGATION DISTRICT, and acknowledged to me that PIONEER IRRIGATION DISTRICT executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires STATE OF IDAHO ) ) ss. County of Canyon ) On this_ day of_, 202_, before me, the undersigned Notary Public in and for said state, personally appeared JUDY READ known or identified to me to be the Secretary/Treasurer of PIONEER IRRIGATION DISTRICT, the person who executed the instrument on behalf of the PIONEER IRRIGATION DISTRICT, and acknowledged to me that PIONEER IRRIGATION DISTRICT executed the same. IN WITNESS WHEREOF, have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. NOTARY PUBLIC FOR IDAHO Residing at My Commission Expires UTILITY LICENSE AGREEMENT—Page 11 Rev.5/2023 Robert E. Simison, Mayor 2-20-2024 Attest: Chris Johnson, City Clerk 2-20-2024 STATE OF IDAHO, ) : ss. County of Ada ) This record was acknowledged before me on 2-20-2024 date) by Robert E.Simison and Chris Johnson on the behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. Notary Signature My Commission Expires:3-28-2028 UTILITY LICENSE AGREEMENT—Page 12 Rev.5/2023 EXHIBIT A Location of Phyllis CanalCrossing and/or Encroachment EXHIBIT A 9 -<--�Zcon >O> 2a� -xv zfo� O 00 I ra y Z� o� a �i m T -�zm� ? A `tr-i A >Z �d O O r a o x 0 � � � NC"' 5EE �qU fON l'Y oo _ a, cn rAGI: $$ �eINTK)N b4a 18.000 N CAN ADA RD i 9 000 ELM LNG 19,900 3200 to 4800 5200 5800 to :n 0 0 0 0 PhY(/is C`oitn( M 33 ; v :. n o> U oz ST R RD o 3200 4700 m 4800 6300,- Z5 Op 00 < > - O <c r { mm�y o0 <f o Z N BAAY��N_ 4800 Iw R \ � 7 1 7 x M 34 i I i m o ct a 0 0 z o 3200 W KosTA N M 7T LOTA LN--�I W BECKV DR_ �0 4900 6300 --Ian s z dtl, 411% bit ISy uft Itlt MAMA fit% th lilt 0%. fit-, Silt wM lilt tilt irE+ llh ub Dh V1, L.1, tin xt. ns ut n. EXHIBIT B Engineering Plans and Specifications City of Meridian Placing 2 Pressurized Sewer Lines and 1 Gravity Sewer Line in sleeves minimum 3' under the Phyllis Canal @ McMillan Rd. Bridge w_Proj,,Uk21\3270-Merialen Can Ada Llk PDN IZMZ023 9.25 AM QAWQ,MQkTG ERY 24. ((MS T*01 11 1 i 3 E I sE y n 0' A i`� =s 4 n D T I i MIN CLA i v e� �D — i NIZ W � -D00 ; r I ( sr q6 11ROTICI le, 1 Ln O a i Pu 2 Z Di n 10 ® A w� ) N CAN•AOA 0.0 Ell OJ �' o c Z "D 3� /m M ^n—I vl 3 mm n D wm> 3 Zhnl Z ,5, VAA ao z l z r 7 N a 3 — n n C)r H �0Z 0Z � ,r�_ In o 3 Z p " �ZD p ^v o Z� C Aim Z D 2 to [] o" n inn S my mn v nn�� mx A�2 S = \ ng � xv N0"i n o mm o n 1 (7 m om D to D � � ozy am � am z Z 2 L D C G zLn n= NAom m goy v � fA xx zn F ip9 i r D ";p m v A� (^ 3 " Ir m m a m s m m A 2 0, ~- Nm m"mc SA3 §� po Wv o a zo 6 om+ nix vmz anm na o A m m �Q� lom A ^ m m 11,80I Projects\21\32]0-Meridian Can Ada Lift St,tion\Desfgn\Prelim Eng Roport\Figures\Figure 1-1 Proj De-dwg 11,12 6/1/2023 N;;,1 PM DAV:V.MGMG tM ZS,1s l"115 T-1 "I r { N CAN ADA RD .+h L m z b _.V•. 1. Gl O Z • a: 'fiy' rn�O _ O<➢ 1 1 rn D{ /NO n�G �G #\ rn zz� QD to a — rn zrin .W .,1 �. z m� --I rm lip i � z r PHYLLIS CANAL ��. ! 'tiff _ �, , • N STAR c) i m F z c 3 G z z Z m z - O GRASSFORD AVE �• Ir,•`�Y' m m .r f Lf 7 1 z r N MCDERMOTT RD f < Z n m y ; o •..'� t. . 0 CD r m 0 Tt �•vl .,1, �, N EXHIBIT C Clean Water Act Section 404 Permit Certification The undersigned represents he/she is a duly authorized representative of City of Meridian (name of Licensee) ("Licensee"), and hereby certifies that a Clean Water Act Section 404 Permit is not required for Licensee's trenchless (description of crossing(s)) crossing(s)of the Phyllis Canal , for the following reason: (name of canal,lateral or ditch) ❑ The crossing(s) contemplated under this Agreement will be overhead crossings and will not include any excavation in or around or any discharge of dredged or fill material into the District's facility. tX Licensee will be using the "boring"method of construction which will not include any excavation in or around or any discharge of dredged or fill material into the District's facility. ❑ The Phyllis Canal is an existing piped facility; thus, (name of canal,lateral or ditch) any construction impacting the facility will not include any discharge of dredged or fill material into the District's facility. ❑ The crossing(s) contemplated under this Agreement will be inserted into existing conduit crossing(s) of the Phyllis Canal (name of canal,lateral or ditch) ❑ Licensee is in receipt of a Clean Water Act Section 404 non jurisdictional waiver letter from the United States Army Corp of Engineers (copy attached hereto). DATED THIS 8 day of Feb, 2024 . City of Meridian Name oP Licensee By/ '� ✓� _ WritteriName: D2 Vid Briggs,PE,PMP Authorized Title: Staff.Fngineer.II— EXHIBIT C E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2024 Budget Amendment in the amount of$6,300.00 for Idaho State Liquor Division Mini Grant award to the Meridian Anti-Drug Coalition n — O l3 N O N C E N N N N N N C b N N N N N N N N N N O N N N N N N N N N N O O r 0 q fD O O O O O O Q ��ff O O O O O O O O O O w O O d O O O O O O O O d 0 A m V < ra n NN N N „, N N N N N N N N N N N N N N N N N N N m N V W r Iw+ Iw+ Fw+ � y O r r r r r r r r r `C r r r r r r r r r r Y r w N W W W W W W W W W W W W W W W W W W W W W W fD W W W W W W W W N AW to ut ut O to to ut to ut ut ut to 0 ut to ut to to vt vt to to vt .a to to to to vt vt vt to c n: a N �+ (O — W D 3 w W to vl to N A A A A A A A A m A W +� N N N N N N N r r r r G) 3 OD f+ V V V O O O O w O p N N N a 0 0 # O O O twit A N r A O CT) 0 m m T j O 3 w Ln O Ln ut ut ut ut to to Ln to to to to Ln vt Ln Ln Ln Ln Ln to v u, u, Ln Ln Ln ut v. ut O O p O O O O O O p 0 0 0 0 0 0 0 0 0 0 0 0 0 p o o O o o boo p w w w w w w w w w w w w w w w w w w w w w w w w w w w w w D w W W O m O M m7 < p r-I ,a„ A A 3 ` v F to D o v+ ou U M p v v a ro O CO N to A A to 7 O O �^ C : + c O ^ < c 3 :E = p C p 7 3 p .Oi e�i to p C 7 .t 7 .+ obi obi 7o O 01 tD ] fp m 01 m (D C tD X v+ to Q 0 <• m N d 1�9 V V O 2 N 01 O Q 1D 1D O w C m p O O N 7I pj N d N N 7 O to to AA to iA AA N N O Q a o .per, N 0 y cl Vt Ol ODL R N Ln F+O CoA W W t- vt W ID O w W N i.! w O O O O O O O O w tp A A ON O O S O O O O O A 00 to O Cfl iA 0 CD o a c D s o D o O< a ry N o D w r'o (D CD N O a Q of p .Op. s v O. m 3 r O off, Q 3 O O:3 .� (D \ , N 1�p5 CD 0 ,�.. n1 q3 H TI C r(o r(o o a O CD mm �' ? 3 lV � h U O C 177 m z n) y y O t0 CD O e�-F C rn cn CD. n N 0 3 v ono c > H vo o v+ � $ 3 ID � ID y N N — io �( �l ` OO.I J YI YL fD YL O CO 0� T t 0 30 ❑❑ rr'o " G1 �7 4� z a o < m m t N N o o mo bj CJ SO \• N W O w fD � N A 0 ElN �f cl A " O O H 3 m FD. cn o Q � N m r jV c � 0 O n� LO 00 o rn w ce o a �1 cw NC a °n r `m, o a m p 0)m O H O D K 7 m .3. C 7 G /D 7 m r 9 7 N O ro m coo QT of m '^ �m„ m ^_ of •"` < o/ 07o m ' CL C °tzk a _T o o+ m a r n of o £ w A .Z O m D v m n S y T 7 �* a ° m N N fD v � ° O o 3 a o' of m m M 0o x A v T a �_ R v ocu m C 7 Wm 3 n r3D a En c 10i, 00 y f Ono v m r�o c yam.. w ,0-v_' D 1p m d — O cs °; O K 7 0 mCD ' °= n � � nr r�o �0m0 0a o p n N R ~ r•r f=f m �. C' "' < 3 vmi -w n a m I 7 Vf N N 4n N y m w m ;; m o o c m a A " r* a ro S n 7 T n 7 m F c c w c° H f D 0 >' N C N C. O C O °' = O- j a » j n O Q Co° O N n O �. v, m O 01 N A A < .+f m 7 O O O .a 'o m .�. uD, r°n O1 2 n a rn c o a 0 0 0 �' r o v = m 3 E 3 N - 7 o m m c 3 Q 0 0 0 3 ri ,: a'o CL m m n m 00 7 w :. o, N In O O 3 1n V 7Q , m 7 N n yNJ C Un 3 CL C O 3 m H O ] •2 C O_ 7 f°D m N ° a m n N .D 3 n N CL n 04Q. ~ < 14 o v w m n s °�' 61 N 1A N of O .�. 0') V A v m n �n N 0 0CL o m °° o < D a a rA ° a -n C '�' �' :•i m m £ fD •OCL 0 a- fD p N J S , m W V ?, ;E O C O v, 7 N °i m m � d n n » d O m Z emi m 7 m J :3O < m CL 3 N 5 O O O a F .-. O m n Dif H M c m f x a' m CD C ', m eCt ml .+ N. M a, C N .� N to 1A O m ° ° 1n O 't �• m n 0, Q m N m C N UQ .i I m O d (yj j 7' G7 m N < Om0 rl m O N m m Ol m n a f1 Q O GJ y, n O A :3 N N N N N y r m O Imi, £ M 00 C O 4 � rm+ T .O.r -n CL f0 0o N n N m0 C o c m � v nN �' m00 m It cu � { A $ n a < 0 m cr o C m m m " Q- ° Q O m £ y h V V V Y Y V x CD x ° a m .ri m a CD CL ro Z tr tr fD p 7 CL CL m 3 n Q o m m 3 = £ 3 3 = o CD n ma 7 0 n a a 3 S an d m mC 1 mom. Q e o 5 CL m C N C m n N d m m a 10 ° ;.. Uocm g CD ac 0 v 3 ° R " G T 'Qa c o E a < N ~ V , 3 ? a c 3 :33 3 0 0° m 7 ° g cl f0 ° a n m ° d 3 0CL 7 m N m cl LLLJLLI- - i E3 CD J a m r Q c O G� w 7 From: Catie Wiseman <Catie.Wiseman@Iiquor.idaho.gov> Sent:Tuesday, December 26, 20234:01 PM To: Kendall Nagy<knagy@meridiancity.org> Cc:Jeff Anderson <jeff.anderson@liquor.idaho.gov>;Tony Faraca<tony.faraca@liquor.idaho.gov> Subject: CONGRATULATIONS! 2023-2024Idaho State Liquor Division Mini Grant Awardee - MADC External Sender -Please use caution with links or attachments_ Dear Kendall Nagy: On behalf of the National Alcohol Beverage Control Association (NABCA) Board of Directors and the Idaho State Liquor Division (ISLD), it is my pleasure to inform you that your request for support of your"MADC: Evidence Based Prevention Strategies"was selected as an awardee of the 2023-2024 Idaho State Liquor Division Alcohol Education Mini-Grant Program.The amount granted is$5,800. We appreciate the work you are doing and hope this grant will help you in your efforts. We will be processing the invoice this week so you should see a check in the next couple of weeks. Recipients of awards are requested to disclose any and all activity funded by grant dollars, including announcements, promotional materials,or other undertakings, as funds from the ISLD and NABCA.As you create any posters,flyers, brochures, or other media materials, please use the logos as appropriate. Distribution of awards is conditioned on recipient's compliance 1 with any proposal submitted or any terms and conditions accompanying the educational award. By gifting this award, ISLD or NABCA assumes no liability for any activity undertaken by recipient using award funds. I have attached our report guidelines that will be requested in August 2024. Please review those so you knowwhat is expected after your project has completed. Please keep me informed throughout your planning process and let me know if there is any way the ISLD can be helpful and perhaps a part of your program. We would like to continue to be a resource to you and applaud your efforts in raising alcohol awareness. We appreciate you! Congratulations! Catie Catie Wiseman Deputy Director of Administrative Services Idaho State Liquor Division MixBlendEnjoy.com I Liguor.ldaho.eo� 1349 E Beechcraft Ct, Boise, ID 83716 Office: (208)947-9410 Mobile: (208)871-0929 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Fiscal Year 2024 Budget Amendment in the amount of$22,450.00 for Alive at 25 Grant, funded by Idaho, Department of Transportation, Office of Highway Safety Cl- lw 0 O R � V r w w w w w w w � p: W In In V1 10 H A A A A A A A A 1D W + G w N N N N 0 0 0 0 W N N N \ a O r r o O O cm) 3 R it A w N 0 T O 3 In 0 M to w to 0 to 'O M Sn v+ In jn v+ v+ In M O O O p O O O O O O p O O O O O O o O o 0 o O O G O O O O O O O O o N N N N N N N N N N N N N N N N lJ N N " N N N N N N N N N N w w w w w w w w w y= W w W W W W W W W w w w w W w w w w w w w A 1 777 T c m r c 0 +D \ \ 3 7 3 7 \ U c' a is 1 w w M w a < » m N ry O O m O A A D 3 :rt O n n o w O c F v a p� � $ � dD „ �; 3 eb o m n w (D y m v_ x o i] O d t �' to . 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(D n N On A A (D O Q rr ((D 7 N (p O,J � .!t O O (D S S CD (D^ (° ° :30 o � m CL O VOi .M+ i rat 70 co N Ir) IQ Ili in (N� Ql I 7r rt 0 (D y V JN N 00 I-1TT--1� -n w s (D 3 c: SD A Ln A W cg (D N (D lwD O O Nups ? tp n tl v UO ,°'n pOq j T CD� � 9 � �f N .r O_ 00 __ D A Q N m D� c 1 D N Q, a1 IDC N N rt a O Q CD CL (D 3�3 (D(D (D n 7 CD �. 3CL C UO 0 (D p O (D m n n n n � 6 3 fD m rD ° n s a 3 �Om rD p CD CD m O S (D z z < C (D 3 v W 3 M ° ° r°D f T o - = 0 y 3 p cc S 1. 1 5 mm 6 (D UO `G o n 3 D n O < K 7 fD N g o p p D rt CL `c N v ^G 3 O O Q O_ .-r ' N O t=n G a( K a ro o CD Ln { ti Duo (D c !� 0 3 N a a 3 `_- A =(Q N rt v O 0o (Q T u, ^ 3 m °o CD Z. j rt 3 O a) 3 �' <: 3 a 3 0 0 3 ° :3 = n c o n T 0 3 I� ID N Al Ul N N 7 MEMORANDUM OF UNDERSTANDING Between IDAHO TRANSPORTATION DEPARTMENT, OFFICE OF HIGHWAY SAFETY And THE MERIDIAN POLICE DEPARTMENT PURPOSE: The purpose of this Memorandum of Understanding (MOU) is to formalize a cooperative relationship to increase the number of new students completing the Alive at 25 classes each consecutive year between the Idaho Transportation Department, Office of Highway Safety (ITD/OHS) and the Meridian Police Department with principal offices located at 1401 E Watertower St, Meridian, ID 83642. ITD/OHS provides young adult drivers an educational opportunity to become a more defensive driver.The goal is to increase the number of new students completing the Alive at 25 classes each consecutive year by having certified law enforcement present Alive at 25 (Alive at 25) classes to those 15-24 years of age. These efforts are directed to eliminate deaths and serious injuries of youthful drivers. Interactive discussions, videos and role playing teach young adults about traffic safety topics relating to unanticipated events of driving, becoming more aware and responsible as drivers, and understanding the Collision Formula: recognize the hazard, understand the defense, and act correctly, in time. AUTHORITY: The authority for ITD to enter into this MOU include, but are not limited to the following: Idaho Code Section 67-2326 through 67-2333 and 67-2339, and any other provisions of state or federal law or regulation directly pertaining to this memorandum. RESPONSIBILITIES AND PROCEDURES: Meridian Police Department Shall: 1. Complete, sign, scan and submit the signed Agreement to ITD; 2. Maintain National Safety Council current instructor certification: a. All instructors shall be certified by the National Safety Council; b. All instructors shall present a minimum of 2 classes per year; c. Complete Alive at 25 mandatory curriculum update training; and d. Instructors shall maintain current employment with the Meridian Police Department, and be in good standing. 3. Submit reimbursement claims in WebCARS within one month of completion of the course. 4. Instructor shall be evaluated by the OHS Alive@25 coordinator one time every three years. 5. Promote the Alive at 25 Program to young adult drivers, their parents, prosecutors and judges, law enforcement colleagues, and within the local and surrounding communities. 6. Agency shall encourage instructor involvement with young adults in local community youth groups and area schools for events, conferences and activities. Such involvement shall focus on responsible traffic safety of drivers and passengers. Alive at 25 Agreement Page 1 of 4 Class requirements are as follows: 1. The primary instructor shall be the responsible party for scheduling the class on the Alive at 25 website, printing the Certificates of Completion and closing a class. 2. Classes shall be held for 4.5 hours to provide adequate time for all required NSC and CSPFF approved curriculum. 3. Utilize the Alive at 25 website for setting up all classes, updating student enrollments, printing certificates of completion and closing the class. 4. All students shall use the https_/Lliveat2S.us website to registerfor classes. 5. Classes shall not be set up for other instructors unless written permission has been provided by the Alive at 25 Program Coordinator. 6. Classes shall have no more than 30 students attending the class unless the Alive at 25 Program Coordinator provides prior written approval. The minimum number recommended for a class is 8 students with one instructor, 12 with two instructors; however if at least 5 students have registered, one instructor may seek Alive at 25 Program Coordinator written approval to offer the class. 7. Classes shall not be cancelled unless absolutely necessary. Every effort shall be made by the primary instructor to find a replacement instructor, if unable to attend a scheduled class. 8. Notify the Alive at 25 Program Coordinator if you are unable to find a replacement instructor,who will attempt to find a replacement instructor. 9. If a class is changed or cancelled, the primary instructor shall contact via email, text or telephone message, each registered student to ensure the student is notified of the cancellation and provided the opportunity to be placed in another class. Failure to comply may result in the termination of this Agreement. 10. Present a professional image and demeanor at all times. Instructors shall not engage in any activities that may offend or harass any student for any reason. 11. Police uniforms and or visible duty weapons are highly discouraged. It has been determined that police uniforms can create barriers to learning. a. If a uniform is worn, the instructor shall have prior Agency approval. b. Instructor dress shall be clean, neat and professional. 12. Request class location set up on the Alive at 25 website by emailing the Alive at 25 Program Coordinator. Include the location address, city, zip code, contact name, and telephone number responsible for the class, if different from the instructor. 13. Instructors are responsible for the care and maintenance of all equipment, course products and videos which have been funded by the OHS and issued by the CSPFF and NSC to the Agency: a. For DVD replacement due to normal wear, the Agency shall notify the Alive at 25 Program Coordinator. b. The Agency shall reimburse the CSPFF the current replacement cost for any materials lost, damaged (not including normal wear and use), or stolen due to negligence. Notify the Alive at 25 Program Coordinator of the loss or damage. For stolen property,the Agency shall complete a police report for the stolen property and submit a copy of the report to the Alive at 25 Program Coordinator, ITD/OHS SHALL: 1. Reimburse Agency as follows: • Primary Instructors= a stipend of$350 for 4.5 hours of instruction and all other administrative tasks involved in setting up a class, printing and providing certificates to students, and closing a class. Instructors shall participate throughout the 4.5 hours. • Secondary Instructors= a stipend of$300 for 4.5 hours for class sizes of 12 to 30 students, and shall team instruct throughout the 4.5 hours. Alive at 25 Agreement Page 2 of 4 2. All stipend compensation claims shall be certified as to: a. Name(s) of instructor(s); b. 4.5 hours for each class with hours over 4.5 documented as a total; C. Number of students completing the class; and d. Submitted via the electronic reimbursement system for Alive at 25 on WebCARS known as "e Alive at 25". e. All stipend compensation claims, documentation and reports shall be submitted monthly. Final stipend compensation claims shall be submitted no later than July 30 each state fiscal year, or claims may not be reimbursed. f. OHS does not reimburse for vehicle mileage, equipment or supplies used in presenting the Alive at 25 classes, unless otherwise approved by the Alive at 25 Program Coordinator. 3. Provide statewide coordination of the Alive at 25 Program by the Alive at 25 Program Coordinator or designee. 3. Provide the Instructor with Alive at 25 Course Guides and Certificates of Completion. 4. Pay the National Safety Council annual dues for each certified instructor. ASSURANCES, REQUIREMENTS, TERMS, CONDITIONS AND LIMITATIONS 1. Code of Conduct: No employee, officer, or agent of the Agency shall participate in the selection, award or administration of a contract supported by grant funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when any of the following have a financial or other interest in the firm selected for award: o The employee, officer or agent. o Any member of his or her immediate family. o His or her partner. o An organization which employs, or is about to employ any of the above-listed. a. Instructors shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to sub-agreements. b. Agency guarantees there is no entry into any form of collusion with anyone or involving any form of payment,dependent upon or resulting from the award of this contract or subcontract(s). 2. Conferences, Inspection of Work, Grant Monitoring: Conferences may be held at the request of either party to this Agreement. A representative of OHS and/or the Idaho Transportation Department can visit the site for the purpose of inspection and/or assessment of work being performed at any time. 3. Travel: Travel for approved training,the Highway Safety Summit or out-of-state travel shall conform to ITD policies and procedures. Allowable reimbursements cannot be greater than those authorized for state employees,and reimbursements shall be made to the Agency for grant project travel. ITD policy requires economical and practical modes of travel, lodging, as well as moderate dining, reimbursed at state approved rates. 4. Personally Identifiable Information (PI1). Pursuant to this Agreement,the Agency may collector the State may disclose to the Agency, Personally Identifiable Information (PII), which the State has in conformance with Title 49, Chapter 2 Idaho Code and the Federal Driver Privacy Protection Act, regards as confidential. PII is information that identifies an individual,including, but not limited to, an individual's photograph,social security number,driver identification number, name, address, telephone number, and any medical or disability information. PII shall belong solely to the State, and the Instructor shall use such information only in the performance of its services under this grant. The Instructor shall not disclose PII to any third party except with the State's prior written consent, or under a valid order of a court or governmental agency of competent jurisdiction, and then only upon Alive at 25 Agreement Page 3 of 4 timely notice to the State. The State may require the Instructor's officers, employees, agents or subcontractors agree in writing to the obligations contained in this section. All PII shall be returned to the State within twenty(20) working days of termination of this Agreement. The confidentiality obligation contained in this section shall survive termination of this grant. The Instructor shall notify the State within 24 hours of any loss,theft or inadvertent disclosure of PII. 5. Agency Point of Contact:The person preparing and submitting reports and reimbursement claims is (NAME,TITLE,telephone, Fax, email, physical address and warrant mailing address) 6. Responsibility for Claims and Liability: Agency or Instructors shall be required to save and hold harmless OHS/ITD from all claims and/or liability due to the negligent acts of Instructor or Instructor's subcontractor(s), agents, or employee(s). 7. Future Funding: Failure to comply with any of the terms of this Agreement may jeopardize the agency in receiving future funding from OHS. 8. Indemnification: Agency or Instructor agrees to indemnify, defend and hold harmless ITD, its officers, agents, employees from and against any and all claims, suits, losses, damages or costs, including reasonable attorney's fees, arising from or by the use of any grant including but not limited to the Alive at 25 grant. 9. Dispute Resolution: Any dispute, disagreement or question of fact concerning this Agreement shall be decided by the OHS Highway Safety Manager. The decision shall be in writing and shall be distributed to the parties concerned. If the Agency disagrees with the decision by the OHS Highway Safety Manager,the decision may be appealed to the Director of the Idaho Transportation Department. The appeal must be made in writing within 30 days of the OHS decision, and served by certified mail. 10. Entire Agreement: This Agreement, including any attachments, constitute the entire Agreement between the parties on the subject matter hereof. There are no understandings, agreements, or representations (oral or written), not specified herein regarding this Agreement. Any amendments to this Agreement shall be in writing. 11. Contract Term: shall be July 1, 2021 through June 30, 2024,three year agreement. 12. Future Appropriations: Nothing in the Agreement between ITD and Meridian Police Department shall be construed as limiting or expanding the statutory or regulatory responsibilities of any involved Instructor or individual in performing functions granted to them by law; or as requiring either entity to expend any sum in excess of its respective appropriation. Each and every provision of this Agreement is subject to the laws and regulations of the State of Idaho and of the United States. 13. Termination: Either party may terminate this Agreement upon 30 days written notice to the other party. In the event of termination of this Agreement,the terminating party shall be liable for the performance rendered prior to the effective date of termination. IN WITNESS WHEREOF, PARTIES HAVE EXECUTED THIS AGREEMENT. This agreement is in effect from date of signature until June—.30,_2024. r By Printed Name of Law Enforcement Agency Director or delegate Robert E. Simison, Mayor 2-20-2024 Effective Date Attest: Chris Johnson, City Clerk Alive at 25 Agreement Page 4 of 4 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Solid Waste Advisory Commission Annual Update J. Scott Walters—Seat 1 City of Meridian Mark Nelson-Seat 2 Andy Arriaga-Seat 3 Steven Cory-Seat 4 ol aste � Megan Larsen-Seat 5 J Bethany Guajardo-Seat 6 Advisory Commission Vacant—Seat 7 Janes Leckie (Youth)—Seat 8 Vacant—Seat 9 To: The Mayor and City Council From: Steve Cory, Chair Re: 2023 SWAC Annual Report SWAC is pleased to submit its 2023 Annual Report: A. Membership: The Commission currently has three vacancies though for most of last year we were fully staffed and we do appreciate the Council's support. Commissioner Steve Cory served as Chair and Commissioner Meg Larsen served as Vice Chair. B. Community Recycling Fund Program(CRFP): 1. Fund Revenue: During FY23, despite the global market, the CRFP received revenue: $ 82,026.60 Beginning balance for FY23; $ 9,695.84 Revenue for FY23 (from Hand in Hand We Recycle and $761.25 donated from Public Works Week proceeds) $ 91,722.44 Sum Beginning Balance and Revenue (as of Sep. 30, 2023) 2. Fund Expenses: During FY23, the following fund's expenses were incurred: $ 9629.26 Glass recycling and squishy water bottles $ 236.91 Recycle a Bicycle $ 9,866.17 Total FY23 expenses 3. FY23 Approved Projects—Final accounting yet to be completed—None $ 81,856.27 FY23 Ending Fund Balance B. Subscription and drop off services: Subscriptions for curbside grass pickup have increased to 979 subscribers as opposed to 664 last year(a 47% increase). Subscriptions for curbside glass pickup have increased to 190 subscribers as opposed to 170 last year(a 6% increase). These are out of 42,216 active residential accounts. For FY24, the cost of glass recycling at the drop-off MTS location was added into the rates for City Solid Waste Services. This service is no longer being paid for via CRF. J. Scott Walters—Seat 1 City of Meridian Mark Nelson-Seat 2 Andy Arriaga-Seat 3 Steven Cory-Seat 4 ol aste � Megan Larsen-Seat 5 J Bethany Guajardo-Seat 6 Advisory Commission Vacant—Seat 7 Janes Leckie (Youth)—Seat 8 Vacant—Seat 9 Dropoff of Squishy water bottles at the Meridian Transfer Station resulted in 3 shipments to Western Recycling totaling 0.34 tons of empty bottles costing $1217.07. C. SWAC Annual Activity: SWAC participated in the 2023 PW Expo event on June 8th. Commissioners talked to approximately 70 visitors at the booth, and most of the questions were about what could be recycled in the cart. City staff hosted a booth outside with Republic Services and Timbercreek where booth visitors could play a sorting game with recyclable material that complimented the information visitors received at both booths. D. Recycle a Bicycle: SWAC was also pleased to provide support to the Recycle a Bicycle program. Bicycles were refurbished for distribution at the Parks and Recreation Department's Unplug and Be Outside event. Bicycles were made available to Meridian Citizens who signed up through the City's website. There were 167 online requests, where 110 were from Meridian and the other 57 were from non-Meridian cities. There was 3 people at the event that requested bikes. There were 32 bikes brought to the event and 29 were given away. Timber Creek Recycling was also there to help pump up tire and fill with slime. We also had people come to the booth to ask how they could get rid of bikes. E. Repurposed/Reclaimed/Recycled Material Art Contest In 2023 SWAC introduced a new outreach activity hosting an art contest as part of Meridian Art week. SWAC encouraged youth and adult residents to demonstrate their creativity with repurposed/reclaimed/recycled materials by transforming them into artwork. There were only two submissions and they were both in the adult category. The Commission accepted the art sub- committee's report which included a recommendation of the winner. SWAC talked to visitors about waste collection and recycling issues at the Community Art Party at a booth showcasing the contest's winning entry. F. Global Recycling Markets: Recycling markets and recycling revenue continued to recover from their low point caused by China reducing their participation in the materials market and COVID. Revenues continue to increase, but processing and labor costs offset the improvement. For FY24, the per household recycled material processing fee was raised from $1.11 to $1.20. J. Scott Walters—Seat 1 City of Meridian Mark Nelson-Seat 2 Andy Arriaga-Seat 3 Steven Cory-Seat 4 ol aste � Megan Larsen-Seat 5 J Bethany Guajardo-Seat 6 Advisory Commission Vacant—Seat 7 Janes Leckie (Youth)—Seat 8 Vacant—Seat 9 G. Ada County Solid Waste Advisory Committee: SWAC Chair, Steve Cory, represents the City of Meridian's interests on the Ada County Solid Waste Advisory Committee. Mr. Cory was chair of the Ada County SWAC. This committee allows stakeholders to work in concert with one another to research and develop proposals for improving solid waste collection and disposal systems and services, including maintaining reasonable financial costs for the operation of the Ada County Landfill. Diversion of material away from the landfill to extend the life of the landfill is a routine subject at committee meetings. Steve Cory reports back to Meridian SWAC throughout the year providing insight and information about valley-wide solid waste matters. H. FY24 Annual Solid Waste Rate Adjustment: SWAC reviewed and recommended to City Council approval of Republic Service's proposed FY24 Annual Solid Waste Rate Adjustment. The rate adjustment for both commercial and residential services was comprised of the contractual CPI adjustment and the continuance of sharing the residential recycling processing costs as set forth in a separate contract amendment. The MTS drop-off glass funding was included in the rates (Glass was previously funded through the CRF). I Ada County Household Hazardous Waste Quarterly Meetings: Commissioner Nelson and city staff attend the quarterly meetings to stay current on the county HHHW program and related topics. They report back to SWAC after each meeting to review what was discussed. K. Presentations: Throughout the year SWAC received presentations regarding the following topics: 1. Solid Waste Program metrics and data(City Staff); 2. Squishy Water Bottle pilot program report(Republic Services and City Staff); 3. CRFP Program and account balance (City Staff); 4. Community outreach (City Staff); 5. Holiday light recycling project (City Staff); 6. Trash or Treasure and spring clean-up (City Staff); 7. Recycle a Bicycle program status (Commissioner Nelson, Republic Services, City Staff); 8. County HHHW meeting reviews (Commissioner Nelson and City Staff); 9. The Meridian Solid Waste Plan(City Staff) J. Scott Walters—Seat 1 City of Meridian Mark Nelson-Seat 2 Andy Arriaga-Seat 3 Steven Cory-Seat 4 ol aste � Megan Larsen-Seat 5 J Bethany Guajardo-Seat 6 Advisory Commission Vacant—Seat 7 Janes Leckie (Youth)—Seat 8 Vacant—Seat 9 10. FY24 proposed SW rates and new fees (Republic Services and City staff); and 11. The Meridian Budget Process (City Staff). L. Upcoming Commission Business: In 2024, SWAC is looking forward to working with Republic Services and City staff on the following projects: 1. CRFP usage; 2. Promoting Meridian's Trash or Treasure, Hand in Hand, and Recycle a Bicycle programs; 3. Attending the quarterly Ada County Household Hazardous Waste Program meetings and reporting back to SWAC and the Mayor and City Council as appropriate; 4. Partnering outside the city through the Ada County Solid Waste Advisory Committee to develop an amplified,unified message to divert materials from the landfill and reduce contamination of materials collected for recycling; 5. Continued expansion of educational outreach to decrease contamination in the commingled residential recycling stream; 6. Monitoring yard composting market trends and construction/demolition waste diversion efforts; 7. Furthering improvements in recycling efforts including reviewing the needs of the parties purchasing the materials to be recycled, opportunities to reduce contamination, and evaluating improving material separation technologies. 8. Looking for opportunities to reach out to new residents of Meridian; and 9. Looking for opportunities to reach out to the youth of Meridian. In conclusion, it has been an active year for SWAC. Our commitment is steadfast to work in partnership with staff and Republic Services to identify and recommend to the Mayor and City Council improved, fiscally sound, trash and recycling services and programs for the benefit of Meridian residential and commercial customers. SWAC looks forward to another productive year.