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HomeMy WebLinkAbout2024-04-02 Work Session CITY COUNCIL WORK SESSION City Council Chambers, 33 East Broadway Avenue Meridian, Idaho Tuesday, April 02, 2024 at 4:30 PM Minutes ROLL CALL ATTENDANCE PRESENT Councilman Doug Taylor Councilman John Overton Councilwoman Anne Little Roberts Councilman Luke Cavener Councilwoman Liz Strader Councilman Joe Borton Mayor Robert E. Simison ADOPTION OF AGENDA Adopted CONSENT AGENDA \[Action Item\] Approved Motion to approve made by Councilwoman Strader, Seconded by Councilman Cavener. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader, Councilman Borton 1. Final Plat for Modern Craftsman at Franklin (FP-2023-0021), by Bailey Engineering, generally located on the north side of W. Franklin Rd., approximately 1/4 mile east of N. Black Cat Rd. 2. Approval of Agreement for Contracted Services to Eurofins Eaton Analytical, LLC for Annual Non-Micro Water Sampling Testing for the Not-To-Exceed Fiscal Year 2024 amount of $135,650.00 3. Mini Heavy Equipment Rodeo Agreement with Western States Equipment Company for Public Works Week Expo 2024 4. Approval of License Agreement with Discovery Co-Operative Gardeners for a Community Garden in Discovery Park. 5. Memorandum of Understanding Between the City of Meridian and the Idaho Transportation Department for grant funding of the Linder Road Overpass Project 6. Memorandum of Agreement between Western Ada Recreation District and City of Meridian for Transfer of Assets ITEMS MOVED FROM THE CONSENT AGENDA \[Action Item\] DEPARTMENT / COMMISSION REPORTS \[Action Item\] 7. Rail with Trail Pathway Project Update and Funding Request Approved Motion to authorize the Mayor to sign made by Councilwoman Strader, Seconded by Councilman Overton. Voting Yea: Councilman Taylor, Councilman Overton, Councilwoman Little Roberts, Councilman Cavener, Councilwoman Strader, Councilman Borton ADJOURNMENT 4:57 PM Meridian City Council Work Session April 2, 2024. A Meeting of the Meridian City Council was called to order at 4:33 p.m. Tuesday, April 2, 2024, by Mayor Robert Simison. Members Present: Robert Simison, Joe Borton, Luke Cavener, Liz Strader, John Overton, Anne Little Roberts and Doug Taylor. Also Present: Chris Johnson, Bill Nary, Kim Warren, Mike Barton, Caleb Hood, Shawn Harper, Joe Bongiorno and Dean Willis. ROLL-CALL ATTENDANCE X Liz Strader X Joe Borton Anne Little Roberts _X_ John Overton _X_ Doug Taylor _X_Luke Cavener X Mayor Robert E. Simison Simison: Council, we will call the meeting to order. For the record it is April 2nd, 2024, at 4:33 p.m. We will begin this afternoon's work session with roll call attendance. ADOPTION OF AGENDA Simison: Next up is adoption of the agenda. Borton: Mr. Mayor? Simison: Councilman Borton. Borton: Oh. Sorry. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: I move that we adopt the agenda as published. Cavener: Second. Simison: Have a motion and a 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 adopted. MOTION CARRIED: ALLAYES. CONSENT AGENDA [Action Item] Meridian City Council Work Session April 2,2024 Page 2 of 9 1. Final Plat for Modern Craftsman at Franklin (FP-2023-0021), by Bailey Engineering, generally located on the north side of W. Franklin Rd., approximately 1/4 mile east of N. Black Cat Rd. 2. Approval of Agreement for Contracted Services to Eurofins Eaton Analytical, LLC for Annual Non-Micro Water Sampling Testing for the Not-To-Exceed Fiscal Year 2024 amount of $135,650.00 3. Mini Heavy Equipment Rodeo Agreement with Western States Equipment Company for Public Works Week Expo 2024 4. Approval of License Agreement with Discovery Co-Operative Gardeners for a Community Garden in Discovery Park. 5. Memorandum of Understanding Between the City of Meridian and the Idaho Transportation Department for grant funding of the Linder Road Overpass Project 6. Memorandum of Agreement between Western Ada Recreation District and City of Meridian for Transfer of Assets Simison: Next up is the Consent Agenda. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: The Consent Agenda, I move that we approve the Consent Agenda, for the Mayor to sign and Clerk to attest. Cavener: Second. Simison: I have a motion and a second to approve the Consent Agenda. Is there any discussion? If not, all favor signify by saying aye. Opposed nay? The ayes have it and the Consent Agenda is agreed to. MOTION CARRIED: ALLAYES. ITEMS MOVED FROM THE CONSENT AGENDA [Action Item] Simison: There were no items removed from the Consent Agenda. DEPARTMENT / COMMISSION REPORTS [Action Item] 7. Rail with Trail Pathway Project Update and Funding Request Meridian City Council Work Session April 2,2024 Page 3 of 9 Simison: So, we will move on to Department/Commissioner Reports. Item 7, Rail With Trail Pathway Project update and funding requests. We will turn this over to Ms. Warren. Warren: Thank you, Mr. Mayor, City Council people. May I commend you on your quick transition. I am here with a relatively straightforward question, but I would like to walk you through a bit of history on the Rail With Trail Pathway. So, I would like to provide an update and I will try to abridge this, so it's not -- so we don't get bogged down in it. But I know we have new faces and this project's been going on a while, so I appreciate your attention. So, as a reminder, the Rail With Trail is a plan for a multi-use pathway adjacent to the rail line, south of Broadway, just west of City Hall, between about 3rd Street and 8th Street. We have had an easement to complete all of the pathways shown in the kind of pinkish red line, except for those two properties that are highlighted at the end. FOCAF, which is Friends Of Children And Family. It's our local Headstart program and, then, the orange property, more about that in a minute. So, we have been working on completing the right of way, but as of now we still don't have access to Northwest 3rd Street. So, the Friends Of Children And Family property behind their fence line -- this is kind of labeled where the pathway would go. We would pipe the lateral. There is a -- there is a section of property, a linear piece of land, that we would really like to be able to build our pathway on. It's not usable by the Friends Of Children And Family. They have kids and the play yard. Really, the only uses that can occur on this property are, you know, maybe utilities or pathways. So, it's valuable to us. We approached -- and, again, the white property -- we approached FOCAF and said could we just buy an easement from you and -- for our pathway. They were not opposed. They were also not able to sell us one. The -- had to do with being a federal organization and just not wanting to encumber the property. It was complicated. But they said that we might be able to trade property and so, again, just seeking to get that access out to 3rd Street we did purchase a property, the city did, that was one of the times we came to you and asked for guidance on this project. What if we purchased this lot. That gives us access onto 3rd and it gives us a parcel to trade with the neighbor to the west. That way we complete the right of way for the trail and it's a benefit for the Headstart organization, because they get some access onto 3rd Street and, then, you know, we get this pathway project. We were needing to wait until the end of 2023. They had some bonds ending on that project that matured and so this was what the land trade looked like. I won't go into all the details. But we had purchased the property in green and it had -- and we were looking to do a property boundary adjustment again, so the city could have a linear parcel for a pathway and, then, there is that L-shaped piece that would result for FOCAF to -- to have access and just a little more room on their parcel and, then, most recently when we came to you our question was we would like to trade this property, but we had had some appraisals done and the property behind the fence that's encumbered by irrigation easements isn't really valuable in terms of market value. That is something we really do find value in, but it didn't appraise as high as the parcel that the city was trading. So, there was a bit of an inequity there and our proposal was maybe we trade equal areas. So, properties of approximately the same size, because the value, whatever it is, on the market is really valuable to the city for this project. So, we were moving forward with that trade option Meridian City Council Work Session April 2,2024 Page 4 of 9 and I will just back up a little bit and talk about Friends of Children and Families. I don't know how much you know. They are early childhood education and care and we have partnered with them for a long time, especially on the holiday classic volleyball tournament Parks and Rec puts on. My neighbor over the cubicle Maggie runs this volleyball tournament around Thanksgiving every year and they earn several thousand dollars worth of proceeds that, then, we have volunteers shop for Christmas lists that are provided by kids from the Boys and Girls Club and from the Headstart programs. So, we shop, we wrap the presents, they get delivered. It's been going on for 14 years. They are doing good things in the community. They are a good partner. They have been very patient with us, because we have been back to visit them about every year and just kind of working on this trade. So, we like the idea that it's advantageous to them. It's advantageous to us. We talked about sharing parking on that parcel. So, it's 2024 and the bonds are mature and we ended the due diligence phase of the project and start looking specifically at what's needed. Pull some title reports. And in one of the title reports there is a mention, if you want to look at the property that's highlighted in yellow, there is a mention -- and Kurt Starman, one of our city attorneys, has a real eagle eye and I -- you know, it was -- it was just a very -- I hint to the mention, but it got us looking -- it referenced some land on the south side of those properties that had been deeded to the Bureau of Reclamation. So, we did some research, we, yeah, consulted the title companies, Ada county. There is a bit of a -- what they call a hole in the map. The taxable properties are very well documented, but this was all nontaxable and so it was assumed that it was railroad property and it was quite hard to find out who actually did own it, but if it's Bureau of Reclamation land it was -- it was a -- kind of an en masse deed of several easements to Nampa-Meridian several years ago. So, if it's Nampa-Meridian who was owning and managing the parcel, we can go across it and that was kind of exciting news, because it might -- we might not need to do the land trade, which was doable, but also kind of complex. So, here was what we just -- here is kind of a quick overview of the proposed alternate alignment where we could use that irrigation easement in the cross-hatched area and skirt the FOCAF parcels and not need to do a trade and maybe just keep that parcel on 3rd Street. It would require us to pipe just a little bit of the Nine Mile Drain, but, otherwise, you know, we would be free to go ahead without -- without needing to do the land trade and with some of the savings and that we use in the land trade maybe that could be applied to some Trailhead development. We talked -- we don't owe FOCAF anything, but they are a good partner and we have been talking to them for years about shared parking and so we would like to possibly honor the spirit of kind of the agreement we looked to make and discuss that -- and I believe it was -- I believe in the community center in Kleiner Park -- was that the one, Mike? There is -- there is an agreement that they pay the city some money annually to help maintain parking. Anyway, so we are looking at some kind of a possible sharing of parking and they could make a future improvement to their site to pass through if they want it. There is still a few questions and considerations we need to get through. We think, you know, we are in a pretty good position, but we do need some additional funding for the project and part of that is it's just been many years since the funds were -- these are funds that COMPASS administers. It's federal funding. The transportation of the TAP TMA funding. So, we have had that and because it's been several years, just like our property appreciated, cost of construction have risen and so Meridian City Council Work Session April 2,2024 Page 5 of 9 our Altec project manager advised us to ask for some more money. I think it would be available for us to -- to request additional funding to complete construction of the entire scope of the project, but with that additional funding the city has a required match of -- it's about seven and a half percent. It's a little less than that. But we are kind of keeping numbers fairly round. So, would obligate us. If we were to accept additional funds we would need to provide that additional match. We aren't asking for a budget amendment, because we have money in that account to build this project or to build it and, then, get reimbursed for it. So, at this point we are just curious to know if -- we would like -- to request funding we need the Mayor's official ask and we need your direction or permission for the Mayor to sign that layer -- letter, pardon me, if, in fact, that's the direction you would like to go in supporting this project. So, are there questions that I could stand for or clarify? Simison: Council, questions, comments, feedback? Cavener: Mr. Mayor? Simison: Councilman Cavener. Cavener: Can you refresh my memory? How -- how much have we spent on this project to date? Is it the 70,000 that's -- or I guess 38,000 that was listed in the city portion? I seem to feel like that we have spent more than that on kind of the totality of this kind of conceptual project. Warren: We have -- Mike, I might need help with this, because it was a while ago. We have spent some on some preliminary concepts. I think I'm going to have Mike answer this. I came into this just as I was starting my position and he would probably have a better handle on it. Thank you. Barton: Mr. Mayor, Councilman Cavener, great question. So, about six years ago we budgeted 500,000 dollars for this project from General Fund. We thought that we needed the entire amount, because at that -- at that time the rules were that we would build the project, pay everything and, then, be reimbursed. The rules have changed now where it's more of a revolving type situation where you can -- as pay applications come in you can pay those bills and, then, submit for reimbursement right away, so, then, that money goes back into our budget. So far to date we have that original 500,000. We have spent about 34,000 on it for some preliminary design, some fit plans. These were done maybe five years ago, but the current amount that we have in our budget for this project is about 474,000. Cavener: Thank you, Mike. That's helpful. Taylor: Mr. Mayor? Simison: Councilman Taylor. Meridian City Council Work Session April 2,2024 Page 6 of 9 Taylor: Kim, thanks for the presentation. It was good to kind of put all the pieces together. I did have a question. Is the -- with the status for what we are being asked to approve, are we required to submit another application for an additional federal grant or is this sort of like an extension on the current grant that you have already received? Warren: Councilman Taylor, it's a great question. Mr. Mayor. We -- we initially thought we did need to submit a separate application, but, then, determined with COMPASS that it's really just an additional request kind of under the same terms. So, no, we don't have to fill out a whole new application. They think the money is available. We just would need to formally ask for it in order to get it and I think in part because we are tacking it onto this project, it's not a new project. It's just to complete it. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Just to thank you, Kim. Fantastic presentation and I thought it was all pretty straightforward. But a question I had. If something changes with COMPASS and that federal funding extension or additional federal funding were not coming through, I assume at that point you all would be back in front of Council to discuss; right? I just want to make sure I'm kind of on the same page about how you are going about it, because you are not asking for a budget amendment; right? Warren: Correct. Strader: Because you already have it -- an amount budgeted that has covered the work done so far. The -- the project was approved a while ago, but the cost has doubled. So, it is a real concern. Is there any chance of COMPASS not awarding this or things changing? What -- what have been your conversations with them? Is it -- is it a competitive situation where we are competing with others for the dollars or -- Warren: Council Person Strader, Mr. Mayor, I -- you know, the money that was awarded to this project originally has been -- they kind of have their balancing sheets and they move it around, but as I understand it it is identified and dedicated to these projects. So, I haven't had those conversations, because I haven't had any -- there hasn't been any information that wouldn't be available. I mean I suppose that might be a possibility, but it's been presented to us as, you know, this is available, we can schedule it for your project for 2025. So, you know, there -- previously -- I mean we talked about an alternative, simply building the project ourselves. It can cost more money to build with federal dollars, because you are building to federal standards. It's also a lot of money that we have -- you know, it's a small match relative to what we are getting. So, I guess there are pluses and minuses to both. But I don't -- I suppose nothing is guaranteed, but in my -- I haven't worried that it wouldn't be available, because the money that we have been trying to spend has been there for years. Strader: Mr. Mayor? Meridian City Council Work Session April 2,2024 Page 7 of 9 Simison: Maybe -- maybe we could have Mr. Hood come up and -- Kim is not our COMPASS knower of things, so Mr. Hood. Hood: Mr. Mayor, Members of Council, it is competitive, although I will say this project is further along than some of the other projects that may be competing for some of these and at COMPASS they typically will fund cost overruns for projects that are already in design and going into construction. So, when you are this far along you -- it is scored better. So, again, like Kim, I can't guarantee that we will get that match from COMPASS, the -- yeah -- 7.34 percent. But we are in really good shape. Hopefully that helps. Strader: Mr. Mayor? Simison: Council Woman Strader. Strader: Yeah. That's very helpful and I assume that part of the process would be once this letter is sent, you will get a response from COMPASS, you will inform the Council of the response. If things change or this goes a different direction we will all have a discussion, so I'm comfortable with that. Hood: Yeah. Mr. Mayor, if I can just -- the obligation, then, the city's match, then, would -- if we aren't successful there will have to be another conversation, because, obviously, our skin in the game won't cover the cost of this project, so -- Strader: Thanks. Taylor: Mr. Mayor? Simison: Councilman Taylor. Taylor: Caleb, just a quick question. To clarify. Is this grant something that COMPASS will apply on our behalf or is it part of a larger grant wherein other communities that are under the COMPASS sort of footprint are also receiving part of it? So, I'm trying to decide is it a federal government that's deciding if we receive this new additional request or is it COMPASS that's deciding we get the money? Hood: Mr. Mayor, Councilman Taylor, it is COMPASS resources, although it does come through the federal government. So, the TAP TMA program is our region. So, it is, again, competitive against just our internal -- other cities and the like. But it is awarded through COMPASS, so we are really -- COMPASS -- it's a scoring committee of COMPASS and through their board that gets to choose essentially -- depending on how much money is in the pot they, then, allocate through the federal government. At the end of the day the money does come from the feds, but it is, again, allocated through local resources, if that makes sense. Meridian City Council Work Session April 2,2024 Page 8 of 9 Simison: And maybe just to put some perspective on this, this has been in the budget for a plan for COMPASS for years and because of the delays the funds have been moving around. The board could have at any point in time or the staff said we are not going to do it and removed it, but they have not chosen to take that path. So, I can -- we will assume that they are committed to continue the funding through this process. But, yes, if anything changes we won't move forward. Hood: Or find the funding for that; right? I mean they may have some identified funding sources now, but help us continue to look for other sources that -- that can complete this project. Simison: Maybe back to Kim. So, you are off the hook for -- for now. Kim, I just -- just maybe -- if Council was to say, no, don't send the letter, what would be our option at this point in time? Warren: Our option? Let me just add one thing and that is we are not guaranteed the funding, but we have been in close contact with COMPASS and we are sort of led to believe that it would be available. Simison: I guess my -- let's just assume we would stay with 500,000. Don't get any additional -- Warren: We don't get -- Simison: -- or Council says, no, we don't really like this alignment, stay with -- with plan one. Can we still do plan one or is this the route that we need to go in order to accomplish the outcome we want to accomplish? Warren: We could do it locally, but we would -- you know, with city funds. We would probably need more. Simison: Okay. I guess I'm saying even the alignment, can we do this without going into the alignment change? I don't know if that's cheaper than -- is that more expensive to do the alignment on the outside or less if you were to stay with your current -- because the original plans didn't have this as a trailhead or did it? Warren: It -- there was some parking. Trailhead amenities would be covered by that funding. So, it would be minor, but kind of need to do some treatment at the edge of the street and green the property or clean it. So, yes, we have -- that's kind of been added in, but to a minor degree. We don't -- we don't have a project without those two parcels. We would need to just probably -- if it was a no go we would get back the money and decide if it was a local priority. But we could complete -- theoretically we could complete the work under a different funding source. Simison: Okay. Meridian City Council Work Session April 2,2024 Page 9 of 9 Strader: Mr. Mayor? Simison: Council Woman -- Strader: Strader. Simison: -- Strader. Thank you. Strader: Like cake. A lot of emotions flying around. Thank you, Kim. I personally feel like this is still a great project. It made good sense years ago when we started the process. I think it still makes sense. I'm a little bit concerned about the cost -- kind of the magnitude of the cost is exploding. I'm appreciative of these potential dollars from COMPASS. I hope that comes through. If it doesn't I think we will have to really have a conversation. But unless -- and I don't know if anyone has a different feeling, but I'm happy to make a motion. Mr. Mayor, I move that we move forward on the Rail With Trail project request with COMPASS. Overton: Second. Simison: Have a motion and a second to authorize the Mayor to send a letter to COMPASS requesting -- or providing additional funds for the revised project. Is there further discussion? If not, all in favor signify by saying aye. Opposed nay? The ayes have it and I will sign a letter. Warren: Thank you, Mr. Mayor. Council. Simison: Thank you. Warren: And Councilman Borton. Your Honor. Your Honor. Borton: Ominous. Mr. Mayor? Simison: Councilman Borton. Borton: I move we adjourn the work session. 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 4:57 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR ROBERT E. SIMISON 4/16/2024 ATTEST: CHRIS JOHNSON - CITY CLERK 4/16/2024 w IDIAN� AGENDA ITEM ITEM TOPIC: Final Plat for Modern Craftsman at Franklin (FP-2023-0021), by Bailey Engineering, generally located on the north side of W. Franklin Rd., approximately 1/4 mile east of N. Black Cat Rd. STAFF REPORT C�I w IDIAN -- COMMUNITY DEVELOPMENT DEPARTMENT .►A H O HEARING 4/2/2024 legend DATE: Prnjeot Lacator TO: Mayor&City Council _ 1 FROM: Sonya Allen,Associate Planner 208-884-5533 SUBJECT: Modern Craftsman at Franklin—FP FP-2023-0021 ; LOCATION: Generally located on the north side of W. Franklin Rd., approximately 1/4 mile east of N. Black Cat Rd. in the SW 1/4 of Section 10,T.3N., R.1W. -------- ----- r � -XX " I. PROJECT DESCRIPTION Final plat consisting of 5 building lots and 3 common lots on 11.46 acres of land in the R-15 zoning district. II. APPLICANT INFORMATION A. Applicant: Judy Schmidt,Bailey Engineering— 1119 E. State St., Ste. 210,Eagle, ID 83616 B. Owner BPS Franklin Road,LLC— 1401 17th St., Ste. 700,Denver, CO 80202 C. Applicant Representative: Same as Applicant III. STAFF ANALYSIS Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary plat(H-2022-0079) as required by UDC 11-6B-3C.2. The preliminary plat included one(1)building lot and one other lot for future right-of-way dedication. Due to the addition of a common lot for the internal private streets as required with the preliminary plat,the number of building lots increased from one (1)to four(4) as the common lot essentially divided the property into separate building lots. Due to the nature of this change, Staff finds the proposed final plat to be in substantial compliance with the approved preliminary plat as required. Page 1 Private streets were tentatively approved with the preliminary plat. The Ada County Street Name Committee has approved the private street names within the development but street signs have not been installed. The proposed plat includes a common lot for the private street as required with the preliminary plat. The Applicant should install the street signs and provide documentation of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street,including regulations for the funding thereof in order to obtain final approval of the internal private streets. IV. DECISION A. Staff- Staff recommends approval of the proposed final plat with the conditions of approval in Section VI of this report. V. EXHIBITS A. Preliminary Plat(date: 10/20/2022) \ PBPs LgARY I'LaT FOR g�I yy}} lyI •� cnLnRADO Rl[)C.R f;j _ �__ _- I Li - J w IL J --- - - - - - - �ea� 0z Ld rc a ME P U Page 2 B. Final Plat 0 �_—____5l:p W AVA70R ST. so t3v Cyr zps of a 3 T gz� A, 23 Zl� 2 L22 Z f G c Z EE co > z 59 Ms. IK > 0 .z rz I �z �E "o 0 W.FRESH POWDER LN.(PRIVATE) NH915'38'W 205.24 'E T LN.(P CI, W.CHAR LIFT LN.(PRIVATE) ctu F IIVATE) F vo 915'34'E 7— N CD 88915'34"E 552.96* s W FRANKLIN RD. 58915�34y: ft29- fG BASIS OF BEARINGS 5891534'E 264054' Page 3 Sys N 15'50 M•41230' W. AVIATOR 5T. l.R. 1 'SC'sue '�� -'•'C 11 M1lyd� -1A � A*Pi ;,s [a t1 ♦ L z �- I L'x rdsd CC I� e F` l ! ! A I to I a o's a 1 e �a s saass�� I� m n I= 1 ; vN � I x rA[ gm i IF f m 8 m A a! 4J GI $ �0 s � � I I Lye a ]t I 9 m MD LLI W-FRESH POWDERS LN- (PRIVATE) aol� ? 46915�MFW 206.24• G O 41 c22 IYxeI �: m w— I I A G L,SB W. CHAIR LIFT L (PRIVATE) W. CHAIR LIFT LN. 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Private Street Cross-Section T26' DRIVE LANET SLOPE VARIES SFF N VIEW 2 1 /2" ASPHALT 4" OF 3/4" MINUS CRUSHED AGGREGATE Q o 12 OF 6" MINUS PIT RUN (PARKING) � Q 0 0 . PARKING LOT & 26' DRIVE LANE TYPICAL SECTION NOT To SCALE E. Page 10 VI. CITY/AGENCY COMMENTS & CONDITIONS A. Planning Division Site Specific Conditions: I. Applicant shall comply with all previous conditions of approval associated with this development(H-2022-0079,DA Inst. #2023-045433. 2. The applicant shall obtain the City Engineer's signature on the final plat within two(2)years of City Council's approval of the preliminary plat(by May 23, 2025), in accord with UDC I I-6B-7,in order for the preliminary plat to remain valid; or, a time extension may be requested. 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 shown in Section V.B,prepared by Bailey Engineering,Inc., stamped by Cody M. McCammon, shall be revised prior to signature on the final plat by the City Engineer,as follows: a. Notes#11-15 and 17: Include the recorded instrument numbers of the noted easements. b. Widen the sidewalk to 6-feet along W. Aviator St. in accord with preliminary plat condition#2.1d and Street Section C in the TMISAP,unless an alternative street section is approved by ACHD. c. Remove"N. Moshova Ln. (Private)"from the plat as it's not an approved private street and should not be named. Include a note for ownerhip and maintenance purposes that defines the use of the lot as a drive aisle. d. The Professional Land Surveyor's stamp shall be signed and dated. e. Graphically depict and label the easement on Sheet 2 that's referenced in Note#13 for the private street ingress/egress and cross-access easement. f. A cross-access/ingress-egress easement shall be granted to the property to the west at 4610 W. Franklin Rd. (Parcel#S1210336377)for access to the drive aisle via W. Franklin Rd. located along the west property line per preliminary plat condition#2.5. 5. The landscape plan shown in Section V.C,prepared by Jensen Belts Associates,dated 2/27/24, shall be revised prior to signature on the final plat by the City Engineer, as follows: a. Widen the sidewalk to 6-feet along W. Aviator St. in accord with preliminary plat condition#2.1d and Street Section C in the TMISAP,unless an alternative street section is approved by ACHD. b. The rock mulch area within the 25-foot wide street buffer along W. Franklin Rd. shall be at least 70%covered with vegetation at maturity with mulch used under and around the plants asset forth in UDC I I-3B-5N. c. The berm within the street buffer along Franklin Rd. shall have no less than a 4:1 slope; include a detail of the berm that demonstrates compliance with this standard. 6. Future development shall comply with the minimum dimensional standards for the R-15 zoning district listed in UDC Table 11-2A-7. 7. The private streets within the development shall be constructed in accord with the standards listed in UDC 11-3F-4 and the exhibit in Section V.D. Page I I 8. If Aviator St. hasn't been constructed with Aviator Subdivision,ACHD is requiring the on- site and an off-site portion to be constructed with this subdivision. The street shall be designed consistent with Street Section C (major collector street) in the Ten Mile Interchange Specific Area Plan,unless an alternative street section is approved by ACHD(see pgs. 3-20, 3-22 and 3-23). 9. The Applicant shall install the private street signs and submit documentation to the City of a binding contract that establishes the party or parties responsible for the repair and maintenance of the private street, including regulations for the funding thereof in order to obtain final approval of the internal private streets in accord with UDC 11-3F-3B.4. 10. 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:llweblink.meridiancioy.orkIWebLinkIDocView.aspx?id=314636&dbid=0&repo=MeridianC Lty C. DEPARTMENT OF ENVIRONMENTAL QUALITY(DEQ) https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=314808&dbid=0&repo=MeridianC hty D. IDAHO DEPARTMENT OF ENVIRONMENTAL QUALITY https:llweblink.meridiancity.org/WebLink/DocView.aspx?id=314673&dbid=0&repo=MeridianC hty Page 12 E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of Agreement for Contracted Services to Eurofins Eaton Analytical, LLC for Annual Non-Micro Water Sampling Testing for the Not-To-Exceed Fiscal Year 2024 amount of$135,650.00 C� f1E RIDIA4, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Darren Brasseur, Procurement Division Meeting Date: April 2, 2024 Presenter: Consent Estimated Time: 0 Topic: Approval of Agreement for Contracted Services to Eurofins Eaton Analytical, LLC for Annual Non-Micro Water Sampling—Testing for the Not-To-Exceed FY24 amount of $135,650.00. Recommended Council Action: Approval of Agreement for Contracted Services with resulting Purchase Order(s) and authorize the Procurement Manager to sign. Background: Executed Sole Source approved by Council on 11/8/2023. This Agreement will utilize Council approved budget funds annually for the Water Dept. AGREEMENT FOR CONTRACTED SERVICES ANNUAL NON-MICRO WATER SAMPLING—TESTING (UCMR5, NON-COMPLIANCE,COMPLIANCE, LEAD AND COPPER) PROJECT# 11414 THIS AGREEMENT FOR CONTRACTED SERVICES is made this 20th Day of February, 2024, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "City", 33 East Broadway Avenue, Meridian, Idaho 83642, and EUROFINS EATON ANALYTICAL, LLC, hereinafter referred to as "Contractor", whose business address is 941 Corporate Center Drive, Pomona, CA 91768. INTRODUCTION Whereas, the City has a need for contracted services involving Annual Non- Micro Water Sampling—Testing (UCMR5, Non-Compliance, Compliance, Lead and Copper); and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Work: 1.1 Contractor shall perform and furnish to the City upon execution of this Contract and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "SCOPE OF WORK" a copy of which is attached hereto as EXHIBIT "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty-free, non- exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and ANNUAL NON-MICRO WATER SAMPLING—TESTING Page 1 of 12 (UCMR5,NON-COMPLIANCE,COMPLIANCE, LEAD AND COPPER) PROJECT# 11414 city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 Contractor shall be compensated on a per Generator Maintenance and Repair and Load Testing basis in EXHIBIT B "MILESTONE / PAYMENT SCHEDULE" attached hereto and by reference made a part hereof with exception to the option to negotiate the Unit Price(s) once annually throughout the entire term of this Agreement including any additional one-year extensions. 2.2 Contractor shall provide the City with a project statement and supporting invoices no more than once per month referencing the project name on each chain of custody, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 calendar days from the date of Contractor's invoice to the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 2.4 Unit Pricing will be adjusted yearly with a price escalation of up to the CPI for all items as reported by the US Bureau of Labor Statistics for the period. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire on September 30, 2024 with the option to extend up to four (4) additional one-year extensions or unless sooner terminated as provided in ANNUAL NON-MICRO WATER SAMPLING-TESTING Page 2 of 12 (UCMR5,NON-COMPLIANCE,COMPLIANCE,LEAD AND COPPER) PROJECT# 11414 Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in EXHIBIT B. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City shall issue a ten (10)day cure notice. If Contractor has not initiated actions to cure at the end of the ten day period, City, at City's option, may terminate this Agreement by giving thirty (30) calendar days' written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in EXHIBIT B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 4. Termination: 4.1 If, through any cause, Contractor, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of City, the City shall thereupon have the right to terminate this Agreement by giving written notice to Contractor of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. Contractor may terminate this agreement at any time by giving at least thirty (30) calendar days' notice to City. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreement shall, at the option of the City, become its property, and Contractor shall be entitled to receive just and equitable compensation for any such work. . 4.2 Notwithstanding the above, Contractor shall not be relieved of liability to the CITY for damages sustained by the City by virtue of any breach of this Agreement by Contractor, and the City may withhold any payments to Contractor for the purposes of set-off until such time as the exact amount of damages due the City from Contractor is determined. This provision shall survive the termination of this agreement and shall not relieve Contractor of its liability to the City for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor will be deemed an employee of City. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any ANNUAL NON-MICRO WATER SAMPLING-TESTING Page 3 of 12 (UCMR5,NON-COMPLIANCE,COMPLIANCE,LEAD AND COPPER) PROJECT# 11414 obligation on behalf of the City. The selection and designation of the personnel of the City in the performance of this agreement shall be made by the City. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Removal of Unsatisfactory Employees: Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. In the event that such removal materially impacts Contractor's ability to complete the project under the current terms, Contractor and the City, in good faith, shall renegotiate the current terms. If Contractor and the City cannot reach a mutual consensus, Contactor may terminate the Agreement and invoice the City for the percentage of work completed at the time of Termination. 7. Indemnification and Insurance: 7.1 Contractor shall indemnify and save and hold harmless City and it's elected officials, officers, employees, agents, and volunteers from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, to the extent caused by the performance of this Agreement by the Contractor, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of City or its employees. Contractor shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the City shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City; and if City becomes liable for an amount in excess of the insurance ANNUAL NON-MICRO WATER SAMPLING-TESTING Page 4 of 12 (UCMR5,NON-COMPLIANCE,COMPLIANCE,LEAD AND COPPER) PROJECT# 11414 limits, herein provided, Contractor covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, to the extent caused by the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. Contractor shall provide City with a Certificate of Insurance, or other proof of insurance evidencing Contractor's compliance with the requirements of this paragraph and file such proof of insurance with the City at least ten (10) days prior to the date Contractor begins performance of its obligations under this Agreement. In the event the insurance minimums are changed, Contractor shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 7.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 7.3 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 7.4 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 7.5 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 7.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 7.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7.8 All claims, including those for negligence, shall be deemed waived unless suit thereon is filed within one year after Contractor's completion of the services. Under no circumstances, whether arising in contract, tort (including negligence), or otherwise, shall Contractor be responsible for loss of use, loss of profits, or for any special, indirect, incidental or consequential damages occasioned by the services performed or by application or use of the reports prepared. ANNUAL NON-MICRO WATER SAMPLING-TESTING Page 5 of 12 (UCMR5,NON-COMPLIANCE,COMPLIANCE,LEAD AND COPPER) PROJECT# 11414 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Warranty: All services and equipment provided under this agreement shall be warrantied for one (1) year from completion of the work. All items found to be defective during a warranty inspection and subsequently corrected will require an additional one (1) year warranty from the date of completion of the corrected work. Contractor represents and warrants that the test result for each sample, in the condition received by it, will be accurate. Except as expressly set forth in this Agreement, Contractor does not make any warranties of any nature, whether written, oral, expressed or implied, and to the fullest extent permitted by law, Contractor specifically disclaims all other warranties, including without limitation, any warranty of suitability, merchantability, non-infringement, or fitness for a particular purpose. No representative of Contractor is authorized to give or make any other representation or warranty or modify this warranty in any way. 10. Changes: The City may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of Contractor's compensation, which are mutually agreed upon by and between the City and Contractor, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. Contractor's acceptance of any such changes is contingent upon technical feasibility and operational capacity. 11. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 12. Reports and Information: 12.1 At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. ANNUAL NON-MICRO WATER SAMPLING-TESTING Page 6 of 12 (UCMR5,NON-COMPLIANCE,COMPLIANCE,LEAD AND COPPER) PROJECT# 11414 12.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four(4)years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. Audits and Inspections: Upon prior notice to Contractor, At any time during normal business hours and as often as the City may deem necessary, there shall be made available to the City for examination all of Contractor's records with respect to all matters covered by this Agreement. Contractor shall permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 14. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The City shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 15. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to ensure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. In performing the Work required herein, Contractor shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 16. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. ANNUAL NON-MICRO WATER SAMPLING-TESTING Page 7 of 12 (UCMR5,NON-COMPLIANCE,COMPLIANCE,LEAD AND COPPER) PROJECT# 11414 17. 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. 18. 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. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, understandings, or sales terms and conditions, oral of written, whether previous to the execution hereof or contemporaneous herewith. 21. Assignment: It is expressly agreed and understood by the parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of City. Contractor may assign this Agreement to a successor in interest of Contractor by merger, consolidation or reorganization or to the purchaser of substantially all of the assets of Contractor upon the prior express written consent of City. 22. Payment Request: Payment requests shall be submitted to City of Meridian Accounts Payable via email: accountspayable@meridiancity.org. The Project Manager will compare the invoice against the chain of custody for compliance. Upon approval that the work has been done and in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date of Contractor's correct invoice to City. ANNUAL NON-MICRO WATER SAMPLING-TESTING Page 8 of 12 (UCMR5,NON-COMPLIANCE,COMPLIANCE,LEAD AND COPPER) PROJECT# 11414 23. Order of Precedence: The order or precedence shall be the contract agreement and all Exhibits followed by all Attachments. 24. Compliance with Laws: In performing the scope of work required hereunder, Contractor shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 25. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. Certifications. Pursuant to Idaho Code §§ 67-2359 and 67-2346, Contractor hereby certifies: A. That Contractor is not currently owned or operated by the government of China and will not, for the duration of this Contract, be owned or operated by the government of China. B. That Contractor is not currently engaged in, and will not for the duration of the Contract engage in, a boycott of goods or services from Israel or territories under its control. 26. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY: CONTRACTOR: City of Meridian Eurofins Eaton Analytical, LLC Procurement Manager Attn: Kevin Calcagno 33 E Broadway Ave. 941 Corporate Center Drive 100 Meridian, ID 83642 Pomona, CA 91768 Phone: 208-489-0417 Phone: 916-960-7479 Email: Kevin.Calcagno@et.eurofinsus.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. ANNUAL NON-MICRO WATER SAMPLING-TESTING Page 9 of 12 (UCMR5,NON-COMPLIANCE,COMPLIANCE,LEAD AND COPPER) PROJECT# 11414 27. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN: EUROFINSEAT NANALYTICAL,LLC: h BY: BY: � �— KEITH WATTS, Procurement Manager CAMILA GADOTTI, President DATED: 4-2-2024 DATED: 3/19/2024 Project Manager: Dennis Teller ANNUAL NON-MICRO WATER SAMPLING-TESTING Page 10 of 12 (UCMR5,NON-COMPLIANCE,COMPLIANCE,LEAD AND COPPER) PROJECT# 11414 EXHIBIT A SCOPE OF WORK The City of Meridian owns approximately the following Ground Water sampling locations for UCMR5 Sampling—Testing: 24 Ea. Entry Points to the Distribution System Locations (EP), 4 Ea. DBP Stage 2 Distribution System Locations (DS), and 20 Ea. Source Water Locations (SR) that require UCMR5 Sampling—Testing to be sampled—tested over a consecutive 2-year span within one 5-Year Period as the 2- year span for this agreement applies to FY24 and FY25, and the quantity is subject to change without notice. The City of Meridian also requires Sampling—Testing for Non-Compliance, Compliance, Lead and Copper to be sampled—tested each Fiscal Year and the quantity is subject to change without notice. The Contractor shall be required to provide sample containers in the size and quantity as specified by the United States Environmental Protection Agency (EPA) methods to the City per sampling schedule and sampling locations referenced in attached inventory list. The Contractor shall be required to provide return shipping containers and postage. Contractor shall analyze the drinking water samples for the contaminants listed in List AM1 and AM2 of the UCMR4 using the methods specified by the EPA. Sample frequency shall consist of two sampling occurrences, once in May and the second in November 2019. Assessment Monitoring will be conducted at both; Entry Points to the Distribution System (EPDS) and EPDS system representative sites. Screening Survey samples will be taken only at EPDS system representative sites. The Contractor's starting date will be established upon receipt of the City's Notice-to-Proceed. The contractor shall be required to report compliance results to the EPA to be uploaded to the Central Data Exchange (COE) and linked to the City's Public Water System number within 14 business days of receiving results. A hard copy of sampling results will also be provided to the City of Meridian for record retention as well as uploaded to the Laboratories online reporting database with account setup to be coordinated with the City's Project Manager. Agreement includes Contractor furnishing all labor, materials, equipment, and incidentals as required to effectively perform these services detailed below as required. ANNUAL NON-MICRO WATER SAMPLING-TESTING Page 11 of 12 (UCMR5,NON-COMPLIANCE,COMPLIANCE,LEAD AND COPPER) PROJECT# 11414 Annual Non-Micro Water Sampling—Testing (UCMR5, Non-Compliance, Compliance, Lead and Copper) Services includes, but is not limited to: • Disinfection By-Products • Inorganics • Organics • Radiologicals • Sampling—Testing Management SEE / REFER TO ATTACHED ATTACHMENT 1 : FY24 UCMR5 SAMPLING—TESTING $FEE TABLE (1 Page) SEE / REFER TO ATTACHED ATTACHMENT 2: EUROFINS UCMR5 QUOTE NO. 38006342 - 0 (4 Pages) Less Sales Terms and Conditions SEE / REFER TO ATTACHED ATTACHMENT 3: EUROFINS 2024 FEE SCHEDULE FOR NON-COMPLIANCE SAMPLING—TESTING (4 Pages) SEE/ REFER TO ATTACHED ATTACHMENT 4: EUROFINS 2024 FEE SCHEDULE FOR COMPLIANCE, LEAD AND COPPER SAMPLING—TESTING (4 Pages) ANNUAL NON-MICRO WATER SAMPLING-TESTING Page 12 of 12 (UCMR5,NON-COMPLIANCE,COMPLIANCE, LEAD AND COPPER) PROJECT# 11414 EXHIBIT B MILESTONE / PAYMENT SCHEDULE Agreement includes Contractor furnishing all labor, materials, equipment, and incidentals as required to effectively perform Annual Non-Micro Water Sampling-Testing (UCMR5, Non-Compliance, Compliance, Lead and Copper). CONTRACT PRICING SCHEDULE (UCMR5, NON-COMPLIANCE, COMPLIANCE, LEAD AND COPPER) Item No. Description Unit Unit Price 1 UCMR5 Sampling-Testing For FY24 EA $28,800.00 Occurs in FY25, FY29, FY30. 2 Annual Non-Compliance Sampling-Testing For FY24 EA $88,250.00 Occurs Each Fiscal Year (FY). 3 Annual Compliance Sampling-Testing For FY24 EA $12,000.00 Occurs Each Fiscal Year (FY). 4 Annual Lead and Copper Sampling-Testing For FY24 EA $6,600.00 Occurs Each Fiscal Year (FY). FY24 TOTAL: $135,650.00 ANNUAL NON-MICRO WATER SAMPLING-TESTING Page 12 of 12 (UCMR5,NON-COMPLIANCE,COMPLIANCE,LEAD AND COPPER) PROJECT# 11414 ATTACHMENT 1 FY24 UCMR5 SAMPLING—TESTING $FEE TABLE PROJECT START DATE: FY24 UCMR5 EPA CDX INVENTORY GROUND WATER SAMPLE LOCATIONS: Entry Points to the Distribution System Locations (EP): 24 Each DBP Stage 2 D stribution System Locations (DS): 4 Each Source Water Locations (SR): 20 Each TEST UNIT SE GROUNDWATER METHOD PRICE COUNT EP/DS/SR Polyfluoralkyl Substances EPA 533 $300.00 48 $14,400.00 Polyfluorinated Alkyl Substances EPA 537.1 $250.00 48 $12,000.00 Metals and Trace Elements EPA 200.7 $50.00 48 $2,400.00 TOTAL FY24 FEES: $28,800.00 ATTACHMENT 2 g-,0 Eurofins Eaton Analytical Pomona e u rof i n s 941 Corporate Center Drive Environment Testing Pomona, CA 91768-2642 Tel: (626) 386-1100 December 15, 2023 www.EurofinsUS.com Jason Smith City of Meridian 2235 NW 8th Street Meridian, ID 83646 jasonsmith@meridiancity.org Subject: Analytical Services Proposal - UCMR5 Eurofins Eaton Analytical, LLC. Quotation Number 38006342 Dear Jason Smith We appreciate the opportunity to provide your company with a quotation for your UCMR5 project. Eurofins Eaton Analytical has a unique combination of full service capabilities, technical expertise, local service options, and online resources necessary to ensure successful project outcomes. Highlights of our service offering includes: • MyEOL®: a web portal offering you customizable, real time access to data trending, compare data to industry or project limits, track COCs, invoices, reports and much more. • Network of Laboratories: our services provide access to an unparalleled spectrum of capabilities, capacity and turnaround time options, guaranteed accreditation coverage, all through a single point of contact. • State Reporting Deliverables/Customizable EDDs: high resolution, text searchable reports are available in virtually any format. • Extensive Experience: Project Managers with in-depth knowledge of regulatory requirements and analytical protocols and procedures. • Nationwide Logistical Support: bringing you courier network service centers and shipping options throughout the U.S. and abroad so that we can meet any project needs [where applicable]. • Seamless Reporting: a guarantee that you receive a concise single PDF report incorporating all analyses into one document. The following quotation includes an itemized of analytical methods, reporting limits, fees and other detailed notes and clarifications specific to your project. Resulting work is subject to Eurofins Eaton Analytical's Standard Terms and Conditions, unless otherwise agreed upon in writing. We thank you for considering Eurofins Eaton Analytical. We look forward to working with you. Sincerely, Kevin Calcagno Account Manager Kevin.Calcagno@ET.EurofinsUS.com Issued on: 12/15/2023 Page 1 of 4 lason • Cit Environment Testing ih • . Eurofins Eaton Analytical 'li Pomona Street•4 Corporate • Prepared . .. ExpirationDate: Pr • - Quote Number.-38006342- 0 ' Entry Point Field Sample TAT: 15_Days (Business Days) Matrix Method Test Description Quantity Unit Extended Price Price Drinking 533 UCMR5 533 48 $300.00 $14,400.00 Water Drinking 537.1 UCMR5 UCMR5 537.1 48 $250.00 $12,000.00 Water Drinking 200.7 UCMR5 Lithium 48 $50.00 $2,400.00 Water Total Entry Point Field Sample $28,800.00 Field Reagent Blank TAT: 15_Days (Business Days) Matrix Method Test Description Quantity Unit Extended Price Price Drinking 533 UCMR5(analyzed and charged only if detections in field 0 $300.00 $0.00 Water sample) Drinking 537.1 UCMR5 UCMR5(analyzed and charged only if detections in field 0 $250.00 $0.00 Water sample) Total Field Reagent Blank $0.00 Quote Other Charges Description Quantity Unit Extended Price Price Sample Kit Delivery 4 $0.00 $0.00 Services-Return Shipping 4 $0.00 $0.00 Deliverable-UCMR5 CDX Upload 4 $0.00 $0.00 Total Other Charge $0.00 Total Other Charges $ 0.00 Total Analysis Charges $ 28,800.00 Grand Total for Quote 38006342 $ 28,800.00 **Quoted charges do not include sales tax. Applicable sales tax will be added to invoices where required by law. Issued on: 12/15/2023 Page 2 of 4 eurofins Prepare or: Environment Testing Jason th • • . •fins Eaton Analytical Pomona 2235 NW 8th Street 94 • •• . Meridian, ID 83646 Pomona, CA 91768-2642 ijasonsmith@meridiancity.org Prepared . Date: 12/15/2023 Expiration Date: 12/31/2025 • - Quote N er. 38006342- 0 PROJECT DETAILS PFAS Blank Field Reagent Blank(FRB): The FRBs are prepared by Eurofins Eaton Analytical and include an FRB sample bottle filled with reagent grade water and preservatives plus a second, empty FRB sample bottle.At the sampling site, open the FRB bottle and pour the reagent water into the second sample bottle. FRBs are required by the method but the number of FRBs to collect(for each site,for each representative sample or not at all) is at the discretion of the customer and/or regulator overseeing the project. [Non-UCMR] FRB supplies (bottles and reagent water)are provided at no charge with every cooler. If the correlating field sample tests positive for any PFAS analyte,then the FRB is tested and billable at the sample unit rate. Acceptance Signature Submitted by: Kevin Calcagno by electronic signature Accepted By: RECEIPT OF SAMPLES BY EUROFINS EATON ANALYTICAL CONSTITUTES ACCEPTANCE OF THE TERMS&CONDITIONS BELOW, NOT WITHSTANDING ANY PROVISIONS TO THE CONTRARY IN CLIENT'S PURCHASE ORDER, UNLESS AN ALTERNATIVE AGREEMENT HAS BEEN SIGNED BY US. Issued on: 12/15/2023 Page 3 of 4 Environmenteurofins Jason • ith Cit • • . Eurofins Eaton -• • Street Prepared . D,te: 12/15/2023 ExpirationD, 12/31/2025 • - Quote Number. 38006342- 0 ' Analytical Sample Information Analysis Client Sub List Desc Method Matrix Preservative Container Volume Required Holding Time Metals(ICP) Lithium 200.7—UCMR5 Drinking Water Nitric Acid Plastic 250ml-with Nitric 250 mL 45 Days Acid Perfluorinated Alkyl Acids(LC/MS) UCMR5(analyzed and charged only if detections in field sample) 537.1—UCMR5 Drinking Water Trizma Plastic 250ml-Trizma 750 mL 14 Days Perfluorinated Alkyl Acids(LC/MS) UCMR5 537.1 537.1_UCMR5 Drinking Water Trizma Plastic 250ml-Trizma 750 mL 14 Days Perfluorinated and Polyfluorinated Alkyl Substances in UCMR5(analyzed and charged only if detections in Drinking Water field sample) 533_UCMR5 Drinking Water Ammonium Acetate Plastic 250ml—Ammonium 750 mL 28 Days Acetate Perfluorinated and Polyfluorinated Alkyl Substances in UCMR5 533 Drinking Water 533—UCMR5 Drinking Water Ammonium Acetate Plastic 250ml—Ammonium 750 mL 28 Days Acetate Hold Times listed above represent the minimum allotted time between sampling and lab extraction,prep or analysis. Multiple analyses may be consolidated into fewer containers. Please contact your Project Manager for clarification when requesting sample containers. Except for some special tests,all samples should be kept cold at 6 degrees C. Issued on: 12/15/2023 Page 4 of 4 ATTACHMENT 3 General Laboratory Analyses - Non-Compliance - City of Meridian - Fee Schedule 2024* General Laboratory Analyses Eurofins Eaton Analytical, LLC Eurofins Eaton Analytical ANALYSIS Matrix TAT METHOD MRL UNITS BOTTLE TYPE SAMPLE PRESERVATIVE HOLDING TIME TEST TYPE REFERENCE SIZE RAW FINISHED EXTRACT ANALYSIS Acrylamide $250 Water 15 EEA L520 0.1 ug/I Glass (1)40 ml None None ----- 14 Days LC-MS-MS Aldehydes $225 Water 15 EPA 556 1-5 ug/I Amber Glass (3)40 ml NH4CI+CuSO4 NH4CI+CuSO4 ----- 14 Days GC/ECD Aldehydes-Formaldehyde/Acetaldehyde only $200 Water 15 EPA 556 1-5 ug/I Amber Glass (3)40 ml NH4CI+CuSO4 NH4CI+CuSO4 ----- 14 Days GC/ECD Algae Enumeration&Algae ID(plankton) $250 Water 15 SM 10200/10900 1 #/ml Poly Wide-Sterile 1 L None None ----- 72 Hours Microscopy Cyanotoxins --- 28 Days Total Microcystins $150 Water 15 EPA 546/ELISA 0.02-0.3 ug/I Amber Glass (3)250 ml Ascorbic Ascorbic --- 1 28 Days LC-MS-MS Individual Microcystins(6)/Nodularin/Cylindrospermopsin/Anatoxin-a $325 Water 15 L231 0.02-0.3 ug/I Amber Glass (3)250 ml Ascorbic Ascorbic ----- 38 Days LC-MS-MS Alkalinity,Total $20 Water 15 SM2320B 2 mg/I Poly 250 ml None None ----- 14 Days Titration Aluminum $15 Water 15 EPA 200.7 0.05 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Aluminum by ICP/MS $10 Water 15 EPA 200.8 20 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Anion Sum in meq/L(for major anions) alculatioi Water 15 SM 1040 0.001 meq/I ----- Calculation Anions(4)-Cl,SO4,NO2,NO3 $63 Water, 15 EPA 300.0 0.1-1 mg/I Poly 125 ml None None ----- 48 Hours NO3,NO2,SO4,CL Antimony by ICP/MS $10 Water 15 EPA 200.8 1 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Arsenic III $350 Water 15 EPA 200.8 1 ug/I A-Poly(amber) 500 ml EDTA+HAC EDTA+HAC ----- 14 Days Resin-ICP/MS Arsenic by ICP/MS $10 Water 15 EPA 200.8 1 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Asbestos-SUBCONTRACTED $175 Water 15 EPA 100.2 0.2 MFL Poly-sonicated 1 L None None --- 48 Hours TEM Assimilable Organic Carbon(AOC) $300 Water 20 SM 9217 10 ugACE/L Glass 500 ml None None 72 Hours 72 Hours enumeration Bacti-Coliform T/F(Drinking Water) $60 Water 10 SM 9223B 1 MPN Poly 100 ml Na2S2O310-35mg Na2S2O3 ----- 24 Hours QT Bacti-Coliform T/F(Drinking Water) $60 Water 10 SM9223 P/A N/A Poly 100 ml Na2S2O310-35mg Na2S2O3 ----- 1 24 Hours Colilert Bacti-Heterotrophic Plate Count $60 Water 10 SM 9215 1 CFU/ml Poly 100 ml Na2S2O310-35mg Na2S2O3 ----- 24 Hours Pour Plate Bacti-Fecal Coliform(Drinking Water) $60 Water 10 SM9223B QT 1 MPN/100ml Poly 100 ml Na2S2O310-35mg Na2S2O3 ----- 24 Hours QT Barium by ICP $12.50 Water 15 EPA 200.7 0.02 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Barium by ICP/MS $10 Water 15 EPA 200.8 2 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Beryllium by ICP/MS $10 Water 15 EPA 200.8 1 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Biochemical Oxygen Demand(BOD) $60 Water 10 SM 5210B 2 mg/I Poly 1 L None None 48 hours 5 Days(read DO meter Biodegradable Organic Carbon(BDOC) $225 Water 20 Allgeier,1996 0.3 mg/I Glass 250 ml None None 48 hours 5 Days(read Incubation/UV-persulfate Boron by ICP $15 Water 15 EPA 200.7 0.05 mg/I Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Bromate $75 Water 15 EPA 317 1 ug/I Poly 125 ml EDA EDA ----- 1 28 Days IC Bromide $40 Water 15 EPA 300.0 5 ug/I Poly 125 ml I None None --- 28 Days I IC Cadmium by ICP/MS $10 Water 15 EPA 200.8 0.5 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Calcium by ICP $12.50 Water 15 EPA 200.7 1 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Carbamates-Low Level $175 Water 15 EPA 531.2 varies ug/I Glass (2)40 ml Citrate+Thio Citrate+Thio ----- 28 Days HPLC Carbamates $100 Water 15 EPA 531.2 varies ug/I Glass (2)40 ml Citrate+Thio Citrate+Thio --- 28 Days HPLC Carbon Dioxide(Free-by calculation) alculatioi Water 15 SM 2320B 0.1 mg/I ----- TDS,ALK,PH,Calc Cation Sum alculatioi Water 15 SM 1040 0.1 meq/I --- --- Calculation Cations(4) $50 Water 15 EPA 200.7 1 mg/I A-Poly 500 ml I HNO3 HNO3 ----- 6 Months CA/MG/NA/K Chemical Oxygen Demand $50 Water 15 EPA 410.4 5 mg/I Glass 125 ml H2SO4 H2SO4 --- 28 Days Colorimetric Chloral Hydrate $125 Water 15 EPA 551.1 0.5 ug/I Glass (3)60 ml EDB&NH4CL EDB&NH4CL 14 Days 14 Days GC/ECD Chlorate $45 Water 15 EPA 300.0/EPA 300.1 10 ug/I Poly 125 ml EDA EDA ----- 28 Days IC Chloride $16 Water 15 EPA 300.0 0.5 mg/I Poly 125 ml None None -- 28 Days IC Chloramines residual $30 Water 5 SM 4500CL-G 0.2 mg/I Amber Glass 125 ml None None -- 15 min(field) Colorimetric Chlorine Dioxide Residual $30 Water 5 SM 4500CLO2-D 0.25 mg/I Amber Glass 125 ml None None 115 min(field) Colorimetric Chlorine Residual(Free) $30 Water 5 SM 4500CL-G 0.2 mg/I Amber Glass 125 ml None None -- 15 min(field) Colorimetric Chlorine Residual(Total) $30 Water 5 SM 4500CL-G 0.2 mg/I Amber Glass 125 ml None None -- 15 min(field) Colorimetric Chlorite $50 Water 15 EPA 300.0 10 ug/I Amber G or Poly 60 ml Ethylene Diamine Ethylene Diamine -- 14 Days IC Chromium by ICP/MS $10 Water 15 EPA 200.8 1 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Chromium,Hexavalent(low level)- $60 Water 10 EPA 218.6 0.02 ug/I Poly 125 ml AmmSO4/AmmOH AmmSO4/AmmOH --- 5 Days IC Cobalt by ICP-MS $10 Water 15 EPA 200.8 2 ug/I Poly 500 ml HNO3 HNO3 ----- 6 Months I ICP/MS Color(Apparent) $15 Water 10 SM2120B 3 ACU Amber Glass 1 L None None ----- 48 Hours Visual Color(True) $15 Water 10 SM2120B 3 ACU I Amber Glass 1 L None None --- 48 Hours Visual Conductivity(Specific Conductance) $15 Water 10 SM2510B 4 umho/cm Poly 250 ml None None --- 28 days Electrometric Copper by ICP $12.50 Water 15 EPA 200.7 0.01 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Copper by ICP/MS $10 Water 15 EPA 200.8 2 ug/I A-Poly 500 ml HNO3 I HNO3 ---- 6 Months ICP/MS General Laboratory Analyses - Non-Compliance - City of Meridian - Fee Schedule 2024* General Laboratory Analyses Eurofins Eaton Analytical, LLC Eurofins Eaton Analytical ANALYSIS Matrix TAT METHOD MRL I UNITS I BOTTLE TYPE SAMPLE PRESERVATIVE HOLDING TIME TEST TYPE REFERENCE SIZE RAW FINISHED EXTRACT ANALYSIS Corrosivity/Langelier Index(calculation) $10 Water 15 SM 2330B +/-0.1 Units ----- 14 Days Calculation Cyanide,Amenable $75 Water 15 SM4500CN-G 0.02 mg/I Poly 250 ml NaOH NaOH+ascorbic ---- 14 Days Colorimetric/RFA Cyanide-Free(Drinking Water) $40 Water 15 SM4500CN-F 0.005 mg/I Poly 250 ml NaOH NaOH+ascorbic ----- 14 Days Probe Cyanide,Total(Wastewater or DW) $35 Water 15 EPA 335.4 0.01 mg/I Poly 250 ml NaOH NaOH+ascorbic ----- 14 Days Colorimetric/RFA Cyanide WAD $75 Water 15 SM4500CN-1 0.005 mg/I Poly 250 ml NaOH NaOH+ascorbic ----- 14 Days Colorimetric/RFA Cyanogen Chloride $200 Water 5 SM4500CN-J 0.035 mg/L Amber Glass (2)40 ml Ascorbic Ascorbic ----- 48 Hours Colorimetric/RFA Dioxane,1,4-Low Level $150 Water 15 EPA 522 0.25-0.5 ug/I Amber Glass (2)150mL NaSO3/NaHSO4 NaSO3/NaHSO4 14 days 28 Days GC/MS 2,3,7,8-TCDD Dioxin-Drinking Water(<1 NTU) $250 Water 15 EPA 1613B 5 pg/I Amber Glass (2)1 L None Thio 1 year 40 Days GC/MS/MS 2,3,7,8-TCDD Dioxin-Drinking Water(>1 NTU) $450 Water 15 EPA 1613B 5 pg/I Amber Glass (2)1 L None Thio 1 year 40 Days GC/MS/MS Diquat/Paraquat $100 Water 15 EPA 549.2 0.4/2 ug/I Amber Poly 1L H2SO4 Na2S2O3 7 Days 21 Days HPLC EDB and DBCP $60 Water 15 EPA 504.1 0.01-0.05 ug/I Glass (3)40 ml None Na2S2O3 14 days 24 Hours GC/ECD EDB,DBCP,and TCP $100 Water 15 EPA 504.1 0.01-0.05 ug/I Glass (3)40 ml None Na2S2O3 14 days 24 Hours GC/ECD PPCP-90+Suite(POS Only) $1,050 Water 30 LC-MS-MS varies ng/I Amber Glass (1)40 ml Omadine+ascorbic 20 days 28 Days LC-MS-MS PPCP-90+Suite(NEG Only) $900 Water 30 LC-MS-MS varies ng/I Amber Glass (1)40 ml Omadine+ascorbic 20 days 28 Days LC-MS-MS PPCP W W Indicators(Sucralose,AceK,lohexol) $600 Water 30 LC-MS-MS varies ng/I Amber Glass (1)40 ml Omadine+ascorbic 28 days 28 Days LC-MS-MS PPCP-CA Recycled Water List(4) $1,200 Water 30 LC-MS-MS varies ng/I Amber Glass (1)40 ml Omadine+ascorbic 28 days 28 Days LC-MS-MS PPCP-Single Analyte $600 Water 30 LC-MS-MS varies ng/I Amber Glass (1)40 ml Omadine+ascorbic 28 days 28 Days LC-MS-MS EDTA Only $175 Water 15 HPLC/IC 100 ug/I Amber Glass 1 x 40 ml None None ----- 14 Days IC/Ampereometric EDTA plus NTA $200 Water 15 HPLC/IC 100 ug/I Amber Glass 1 x 40 ml None None ----- 14 Days IC/Ampereometric Endothall $80 Water 15 EPA 548.1 5 ug/I Amber Glass 250 ml None Na2S2O3 7 days 14 Days GCMS Enterococci Analysis $100 Water 1 10 SM9230 varies CFU/ml Amber Glass 250 ml Na2S2O3 Na2S2O3 ----- 24 Hours MF Epichlorohydrin $200 Water 10 1 EPA 524.2m 0.4 ug/I Amber Glass (2)40 ml None None ----- 7 Days GCMS Ethylene Glycol-SUBCONTRACTED $175 Water 15 8015 in dev ug/I I Amber Glass (2)1 L None Na2S2O3 ----- 7 Days GCMS Explosives by LCMSMS $250 Water 20 LC-MS-MS 0.1 ug/I Amber Glass (2)40 ml None Na2S2O3 ----- 28 Days LCMSMS Fecal Streptococci(5 Dilutions) $100 Water 10 SM 9230 varies MPN sterile Amber Glass 250 ml Na2S2O3 Na2S2O3 ----- 24 Hours MTF Filtration for Metals $10 Water I ----- Filtration Fluoride $16 Water 15 SM4500F C 0.1 mg/I Poly 125 ml None None ----- 28 Days ISE Fungus&Mold $150 Water 15 SM 9610 1 CFU/ml Poly 100 ml None None --- 24 Hours microcscopy Giardia/Cryptosporidium by 1623 $550 Water 20 1623 varies oocysts/L Cubitainer 10 L None Na2S2O3 ----- 7 Days Fluorescence Micro Glyphosate $120 Water 15 EPA 547 6 ug/I Amber Glass 125 ml Na2S2O3 Na2S2O3 ----- 14 Days HPLC/PCD HAAs $95 Water 15 SM6251B 1-4 ug/I I Amber Glass (3)40 ml None None 14 Days 14 Days GC/ECD HAA 9 $175 Water 15 EPA 552.3 varies ug/I Amber Glass 1 L None None 14 Days 21 Days GC/ECD HAAs-Total Potential $250 Water 20 SM 5710B varies ug/I Amber Glass 1 L None None 14 Days 7 Days GC/ECD Haloacetonitriles $150 Water 15 EPA 551.1 0.5 ug/I Amber Glass (2)60 ml gPhos/NaSulfite gPhos/NaSulfite 14 Days 14 Days GC/ECD Hardness(Total as CaCO3)(calculation) $10 Water 15 SM 2340B 10 mg/I Poly 500 ml HNO3 HNO3 ----- 6 Months Calculation,ICP Herbicides-Drinking Water $110 Water 15 EPA 515.4 0.2-5 ug/I Amber Glass (4)60 ml None Sulfite 14 Days 21 Days GC/ECD Herbicides-MCPA,MCPP $350 Water 15 EPA 532 0.1 ug/I Amber Glass (2)40 ml CuSO4/Trizma CuSO4/Trizma 14 Days 28 Days HPLC-UV Hormones $600 Water 15 EPA 539 0.1-5 ng/I Amber Glass 1 L Omadine+ascorbic 14 Days 28 Days SPE-LC-MS-MS Inhibitory Residues $250 Water 15 SM 9020 1 units Glass N/A None None ----- 14 Days Pour Plate Iodate/Iodide $250 Water 15 LCMSMS 1 ug/I Poly 125 ml None None --- 28 Days LC-MS-MS Iron by ICP $12.50 Water 15 EPA 200.7 0.01 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Lead by ICP/MS $10 Water 15 EPA 200.8 0.5 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Lithium(non-UCMR5) $12.50 Water 15 EPA 200.7 0.005 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Magnesium by ICP $12.50 Water 15 EPA 200.7 0.1 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Manganese by ICP/MS $10 Water 15 EPA 200.8 2 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Mercury $20 Water 15 EPA 200.8 0.2 ug/I A-Poly 500 ml HNO3 HNO3 ----- 28 Days Cold Vapor AAS Metals-Drinking Water by ICP-each"" $12.50 Water 15 EPA 200.7 varies ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Metals-Drinking Water by ICPMS-each"" $10 Water 15 EPA 200.8 varies ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Metals Digestion(when applicable) $15 Water 15 EPA 200.2 ---- 6 Months Microwave Microplastics Quote Water I NA LDIR/Raman 20 um TBD TBD None None ---- NA LDIR/Raman Molybdenum by ICP/MS $10 Water 15 EPA 200.8 2 ug/I A-Poly (3)500 ml HNO3 HNO3 ----- 6 Months ICP/MS NDMA $200 Water 15 EEA 521.1 2 ng/I Amber Glass (3)500 ml Na2S2O3 Na2S2O3 14 Days 28 Days CI-GC/MS SIM Nitrosamines(6) $250 Water 15 EEA 521.1 varies ng/I Amber Glass (3)500 ml Na2S2O3 Na2S2O3 14 Days 28 Days CI-GC/MS SIM Confidential Property of Eurofins Eaton Analytical,LLC Methods,preservatives,compound lists,and MRLs subject to change;please confirm with lab prior to sample submission Page 2 of 4 General Laboratory Analyses - Non-Compliance - City of Meridian - Fee Schedule 2024* General Laboratory Analyses Eurofins Eaton Analytical, LLC Eurofins Eaton Analytical ANALYSIS Matrix TAT METHOD MRL UNITS I BOTTLE TYPE SAMPLE PRESERVATIVE HOLDING TIME TEST TYPE REFERENCE SIZE RAW FINISHED EXTRACT ANALYSIS Nitrosamines(8) $300 Water 15 EEA 521.1 varies ng/I Amber Glass (3)500 ml Na2S2O3 Na2S2O3 14 Days 28 Days CI-GC/MS SIM Nickel by ICP/MS $10 Water 15 EPA 200.8 5 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Nitrogen-Ammonia $30 Water 15 EPA 350.1 0.05 mg/I Poly 250 ml H2SO4 H2SO4 ----- 28 Days Colorimetric/RFA Nitrogen-Combined NO2+NO3 alculatioi Water 15 EPA353.2 0.1 mg/I Poly 250 ml H2SO4 H2SO4 ----- 28 Days Colorimetric/RFA Nitrogen-Nitrate Low Level as NO3 $31 Water 15 EPA 300.1 0.2 mg/I Poly 60 ml EDA EDA ----- 48 Hours IC Nitrogen-Nitrate $15.50 Water 15 EPA 300.OA 0.1 mg/I Poly 125 ml None None ----- 48 Hours IC Nitrogen-Inorganic $70 1 Water 15 calculation 0.1 mg/I I ----- 48 Hours requires NH3,NO3,NO2 Nitrogen-Nitrite low level as NO2 $31 Water 5 EPA 300.1 8 ug/I Poly 125 ml None None ----- 48 Hours IC Nitrogen-Nitrite $15.50 Water 5 EPA 300.0 0.05 mg/I Poly 125 ml None None ----- 48 Hours IC Nitrogen-Nitrite(Low level as N) $35 Water 5 EPA 353.2 0.01 mg/I Poly 60 ml EDA EDA ----- 48 Hours IC Nitrogen-Total Kjeldahl $35 Water 15 EPA 351.2 0.1 mg/I Poly 250 ml H2SO4 H2SO4 ----- 28 Days Colorimetric Odor $15 Water 5 SM 2150E 1 TON Amber Glass 1 L None None ----- 24 Hours Odor PBDEs&Pyrethroids $350 Water 15 GC-QQQ 5-200 ng/L Amber Glass 1 L AA/EDTA/KDHC AA/EDTA/KDHC ---- 28 Days GUMS Perchlorate $50 Water 15 EPA 314 2 ug/I Poly 125 ml None None ---- 28 Days IC Perchlorate-Low Level $85 Water 15 EPA 331 0.5-0.05 ug/I Poly 125 ml None None --- 28 Days IC Pesticide (Triazine)Degradates $350 Water 15 L535 0.1-0.5 ug/I Amber Glass 250 ml None Na2S2O3 14 days 28 Days LC-MS-MS Pesticides-Urea $350 Water 20 L306 0.1 ug/I Amber Glass (4)40ml Ascorbic Ascorbic 14 days 14 Days GCMS Pesticides,Chlorinated(DW) $110 Water 15 EPA 505 varies ug/I Amber Glass (4)40ml None Na2S2O3 7 days 24 Hours GC/ECD pH $12 1 Water 5 SM4500H-B 0.01 units Poly 125 ml None None --- 15 min(field) Ion Specific Electrode Phenolics-low level $125 Water 15 EPA 420.4 5 ug/I Amber Glass 250 ml H2SO4 H2SO4 ----- 28 Days Colorimetric Phenolics $100 Water 15 EPA 420.4 10 ug/I Amber Glass 250 ml H2SO4 H2SO4 ----- 28 Days Calorimetric Phosphorus,Ortho as P $40 Water 5 SM4500P-E 0.05 mg/I Poly 125 ml None None ----- 48 Hours Colorimetric Phosphorus,Total $25 Water 15 E365.1/365.2 0.05 mg/I Poly 250 ml H2SO4 H2SO4 ----- 28 Days Calorimetric PFAS 18x chemicals $275 Water 20 EPA 537.1 2 ng/I Poly (2)250 ml 5g/L Trizma® 5g/L Trizma® 14 days 14 Days LC-MS-MS PFAS 25x chemicals $325 Water 20 EPA 533 2 ng/I Poly (2)250 ml Ammonium Acetate Ammonium Acetate 28 days 28 Days LC-MS-MS PFAS 40x chemicals- SUBCONTRACTED $500 Water 20 EPA 1633 varies ng/I Poly (2)250 ml 5g/L Trizma® 5g/L Trizma® 14 days 14 Days LC-MS-MS Potassium by ICP $12.50 Water 15 EPA 200.7 1 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Pseudomonas aeruginosa $125 Water 10 IDEXX-Pseudolert varies #/ml sterile Poly 100 ml Na2S2O3 Na2S2O3 ----- 24 Hours Fluorescence Micro Radiochem-Grass Alpha Only $65 Water 15 EPA 900.0 1 pCi/I A-Poly 1 L HNO3 HNO3 ---- 6 Months Proportional Counter Radiochem-Gross Alpha/Beta $65 Water 1 15 EPA 900.0 3 pCi/I A-Poly 1 L HNO3 HNO3 ---- 6 Months Proportional Counter Radiochem-Grass Alpha only by copptn $100 Water 15 SM7110C 1 pCi/I A-Poly 1 L HNO3 HNO3 ---- 6 Months Proportional Counter Radiochem-Radium 226/228 $220 1 Water 20 Georgia Method 1 pCi/I A-Poly 3 x 1L HNO3 HNO3 ---- 6 Months Gamma Counting Radiochem-Radium 226 $110 1 Water 20 Georgia Method 1 pCi/I A-Poly 1 L HNO3 HNO3 ---- 6 Months Emanation Radiochem-Radium 228 $110 Water 20 Georgia Method 1 pCi/I A-Poly 1 L HNO3 HNO3 ---- 6 Months Proportional Counter Radiochem-Radon $75 Water 5 SM7500RN 50 pCi/I Amber Glass (2)40 ml None None ----- 4 Days Scintillation Radiochem-Strontium90 SUBCONTRACTED $175 Water 20 EPA 905.0 1 pCi/I A-Poly 1 L HNO3 HNO3 ---- 6 Months Proportional Radiochem-Tritium $110 Water 20 EPA 906.0 1000 pCi/I A-Poly 1 L None None --- 6 Months Scintillation Radiochem-Uranium by ICPMS(pCi/L) $30 Water 15 EPA 200.8 1 ug/I A-Poly 1 L HNO3 HNO3 --- 6 Months ICP/MS Selenium by ICP/MS $10 Water 15 EPA 200.8 5 ug/I A-Poly 500 ml HNO3 HNO3 ---- 6 Months ICP/MS Silica by ICP $12.50 Water 15 EPA 200.7 0.428 mg/I Poly 500ml None None ---- 28 Days ICP Silver by ICP/MS $10 Water 15 EPA 200.8 0.5 ug/I A-Poly 500 ml HNO3 HNO3 ---- 6 Months ICP/MS SVOCs-Drinking Water-Regulated $225 Water 15 EPA 525.2 varies ug/I Amber Glass (2)1 L HCL Sulfite,then HCI 14 Days 30 Days GCMS SVOCs-Drinking Water(Expanded) $300 Water 15 EPA 525.2 varies ug/I Amber Glass (2)1 L HCL Sulfite,then HCI 14 Days 30 Days GCMS Sodium by ICP $12.50 1 Water 15 EPA 200.7 1 mg/I A-Poly 500 ml HNO3 HNO3 ---- 6 Months ICP Solids,Total Dissolved $16 Water 15 SM2540C 10 mg/I Poly 1 L None None ----- 7 Days Gravimetric Solids,Total Suspended $20 Water 15 SM2540D 10 mg/I Poly 500 ml None None --- 7 Days Gravimetric Strontium by ICP $12.50 Water 15 EPA 200.7 0.01 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Sulfate $16 Water 15 EPA 300.OA 0.25 1 mg/I Poly 125 ml None None ----- 28 Days IC Sulfide,Dissolved $52 Water 10 SM4500-5-'D 0.1 mg/I Poly (2)250 ml NaOH+ZnAc NaOH+ZnAc 1 day 1 7 Days Calorimetric Sulfide,Total $35 Water 15 SM4500-S-'D 0.1 mg/I Poly 250 ml NaOH+ZnAc NaOH+ZnAc ----- 7 Days Colorimetric Surfactants(MBAS) $45 Water 10 SM5540C 0.05 mg/I Poly 500 ml None None ----- 48 Hours Calorimetric t-Butyl Alcohol $150 Water 15 EPA 524.2 2 ug/I Amber Glass (3)40 ml HCL Ascorbic/HCL --- 14 Days GUMS Taste and Odor(MIB/Geosmin by SPME) $250 Water 10 SM6040D mod 3 to 5 ng/I Amber Glass (3)40 ml None None 72 Hours SPME-GC/MS Confidential Property of Eurofins Eaton Analytical,LLC Methods,preservatives,compound lists,and MRLs subject to change;please confirm with lab prior to sample submission Page 3 of 4 General Laboratory Analyses - Non-Compliance - City of Meridian - Fee Schedule 2024* General Laboratory Analyses Eurofins Eaton Analytical, LLC Eurofins Eaton Analytical Matrix METHOD SAMPLE ANALYSIS TAT REFERENCE MRL UNITS BOTTLE TYPE SIZE PRESERVATIVE HOLDING TIME TEST TYPE RAW FINISHED EXTRACT ANALYSIS Thallium by ICP/MS $10 Water 15 EPA 200.8 1 ug/I A-Poly 500 ml HNO3 HNO3 ---- 6 Months ICP/MS THMs by 524.2 $55 Water 15 EPA 524.2/551.1 varies ug/I Amber Glass (3)40 ml Na2S2030,NH4CI Na2S203 or NH4CI .1 extract 14 14 Days GCMS or GC/ECD THMs/HANs/HKs/Chloropicrin $250 Water 15 EPA 551.1 0.5 ug/I Amber Glass (3)40 ml NH4CI+buffer NH4CI+buffer 14 days 14 Days GC/ECD THMs-Total Potential $160 Water 20 SM5710 0.5 ug/I Amber Glass 1 L None None ------ 7 Days GC/ECD Total Organic Carbon $45 Water 15 SM5310C 0.25 mg/I Amber Glass 125 ml H2SO4 H2SO4 ---- 28 Days UV-Persulfate Total Organic Carbon(SUVA) $65 Water 15 IESWTR 1 Units Amber Glass 125 ml None None ---- 2 Days UV254 x 100/DOC Dissolved Organic Carbon $45 Water 15 SM 5310C 0.25 mg/I Amber Glass 125 ml None None ---- 28 Days UV-Persulfate 2,4,6-Trichlorophenol $95 Water 15 SM6251B 0.1 ug/I Amber Glass (3)40 ml NH4CI NH4CI ---- 14 Days GC/ECD 1,2,3-Trichloropropane(TCP) $100 Water 15 CA SRL 524M-TCP 0.005 ug/I Amber Glass (3)40 ml HCI HCl/Ascorbic ---- 14 days GCMS Turbidity $15 Water 10 EPA 180.1 0.05 NTU Amber Glass 1 L None None ---- 48 Hours Nephelometric Uranium by ICP/MS(ug/L) $10 Water 15 EPA 200.8 1 ug/I A-Poly 500 ml HNO3 HNO3 ---- 6 Months ICP/MS UV254 $30 Water 15 SM 5910B 0.009 AU Amber Glass 125 ml None None ---- 48 hours Spectrophotometric Vanadium by ICP/MS $10 Water 15 EPA 200.8 3 ug/I A-Poly 500 ml HNO3 HNO3 ---- 6 Months ICP/MS VOCs-Drinking Water $200 Water 15 EPA 524.3 varies ug/I Amber Glass (3)40 ml Maleic/Ascorbic Maleic/Ascorbic ----- 14 Days GC/MS VOCs-Drinking Water-regulated $80 Water 15 EPA 524.2 varies ug/I Amber Glass (3)40 ml HCL Ascorbic/HCL ----- 14 Days GC/MS VOCs-Drinking Water-extended $150 Water 15 EPA 524.2 varies ug/I Amber Glass (3)40 ml HCL Ascorbic/HCL ----- 14 Days GC/MS Water Suitability Analysis $300 Water 15 SM 9020 N/A N/A Poly 500 ml None None 48 Hours N/A Various Zinc by ICP/MS $10 Water 15 EPA 200.8 20 ug/I A-Poly 500 ml HNO3 HNO3 ---- 6 Months ICP/MS 'PPCPs include sample analysis plus one dilution.Additional dilutions may be run for an additional fee. `Matrix,Water means Finished Drinking Water or Unimpaired Natural Drinking Water Source. Other matrices by Quote. calculations require additional tests at listed rate Listed rates will be honored through Dec 31,2024,unless circumstances require a price change(cease performing a test,etc.) Confidential Property of Eurofins Eaton Analytical,LLC Methods,preservatives,compound lists,and MRLs subject to change;please confirm with lab prior to sample submission Page 4 of 4 ATTACHMENT 4 General Laboratory Analyses - Compliance - City of Meridian - Fee Schedule 2024* General Laboratory Analyses Eurofins Eaton Analytical, LLC Lend&Copper Eurofins Eaton Analytical Matrix METHOD SAMPLE ANALYSIS TAT REFERENCE I MRL UNITS BOTTLE TYPE SIZE PRESERVATIVE HOLDING TIME TEST TYPE RAW FINISHED EXTRACT ANALYSIS Acrylamide $250 Water 15 EEA L520 0.1 ug/I Glass (1)40 ml None None ----- 14 Days LC-MS-MS Aldehydes $225 Water 15 EPA 556 1-5 ug/I Amber Glass (3)40 ml NH4CI+CuSO4 NH4CI+CuSO4 ----- 14 Days GC/ECD Aldehydes-Formaldehyde/Acetaldehyde only $200 Water 15 EPA 556 1-5 ug/I Amber Glass (3)40 ml NH4CI+CuSO4 NH4CI+CuSO4 14 Days GC/ECD Algae Enumeration&Algae ID(plankton) $250 Water 15 SM 10200/10900 1 #/ml Poly Wide-Sterile 1 L None None ----- 72 Hours Microscopy Cyanotoxins ----- 28 Days Total Microcystins $150 Water 15 EPA 546/ELISA 0.02-0.3 ug/I Amber Glass (3)250 ml Ascorbic Ascorbic ----- 28 Days LC-MS-MS Individual Microcystins(6) /Noduladn/Cylindrospermopsin/Anatoxin-a $325 Water 15 L231 0.02-0.3 ug/I Amber Glass (3)250 ml Ascorbic Ascorbic ----- 38 Days LC-MS-MS Alkalinity,Total $20 Water 15 SM2320B 2 mg/I Poly 250 ml None None ----- 14 Days Titration Aluminum $15 Water 15 EPA 200.7 0.05 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Aluminum by ICP/MS $10 Water 15 EPA 200.8 20 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Anion Sum in meq/L(for major anions) c alculatior Water 15 SM 1040 0.001 meq/1 ----- Calculation Anions(4)-Cl,SO4,NO2,NO3 $63 Water 15 EPA 300.0 0.1-1 mg/I Poly 125 ml None None ----- 48 Hours NO3,NO2,SO4,CL Antimony by ICP/MS $10 Water 15 EPA 200.8 1 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Arsenic 111 $350 Water 15 EPA 200.8 1 ug/I A-Poly(amber) 500 ml EDTA+HAC EDTA+HAC ----- 14 Days Resin-ICP/MS Arsenic by ICP/MS $10 Water 15 EPA 200.8 1 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Asbestos-SUBCONTRACTED $175 Water 15 EPA 100.2 0.2 MFL Poly-sonicated 1 L None None ----- 48 Hours TEM Assimilable Organic Carbon(AOC) $300 Water 20 SM 9217 10 ugACE/L 1 Glass 500 ml None None 72 Hours 72 Hours enumeration Bacti-Coliform T/F(Drinking Water) $60 Water 10 SM 9223B 1 MPN Poly 100 ml Na2S20310-35mg Na2S2O3 ----- 24 Hours QT Bacti-Coliform T/F(Drinking Water) $60 Water 10 SM9223 P/A N/A Poly 100 ml Na2S20310-35mg Na2S203 ----- 24 Hours Colilert Bacti-Heterotrophic Plate Count $60 Water 10 SM 9215 1 CFU/ml Poly 100 ml Na2S20310-35mg Na2S203 ----- 24 Hours Pour Plate Bacti-Fecal Coliform(Drinking Water) $60 Water 10 SM9223B QT 1 MPN/100ml Poly 100 ml Na2S20310-35mg Na2S203 ----- 24 Hours QT Barium by ICP $12.50 Water 15 EPA 200.7 0.02 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Barium by ICP/MS $10 Water 15 EPA 200.8 2 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Beryllium by ICP/MS $10 Water 15 EPA 200.8 1 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Biochemical Oxygen Demand(BOD) $60 Water 10 SM 5210B 2 mg/I Poly 1 L None None 48 hours 5 Days(read) DO meter Biodegradable Organic Carbon(BDOC) $225 Water 20 Allgeier,1996 0.3 mg/I Glass 250 ml None None 48 hours 5 Days(read) Incubation/UV-persulfate Boron by ICP $15 Water 15 EPA 200.7 0.05 mg/I Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Bromate $75 Water 15 EPA 317 1 ug/I Poly 125 ml EDA EDA ----- 28 Days IC Bromide $40 Water 15 1 EPA 300.0 5 ug/I Poly 125 ml None None ----- 28 Days IC Cadmium by ICP/MS $10 Water 15 EPA 200.8 0.5 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Calcium by ICP $12.50 Water 15 EPA 200.7 1 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Carbamates-Low Level $175 Water 15 EPA 531.2 varies ug/I Glass (2)40 ml I Citrate+Thio Citrate+Thio ----- 28 Days HPLC Carbamates $100 Water 15 EPA 531.2 varies ug/I Glass (2)40 ml Citrate+Thio Citrate+Thio ----- 28 Days HPLC Carbon Dioxide(Free-by calculation) c alculatior Water 15 SM 2320B 0.1 mg/I ----- ----- TDS,ALK,PH,Calc Cation Sum (alculatior Water 15 SM 1040 0.1 meq/1 ----- ---- Calculation Cations(4) $50 Water 15 EPA 200.7 1 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months CA/MG/NA/K Chemical Oxygen Demand $50 Water 15 EPA 410.4 5 mg/I Glass 125 ml H2SO4 H2SO4 ----- 28 Days Colorimetric Chloral Hydrate $125 Water 15 EPA 551.1 0.5 ug/I Glass (3)60 ml EDB&NH4CL EDB&NH4CL 14 Days 14 Days GC/ECD Chlorate $45 Water 15 EPA 300.0/EPA 300.1 10 ug/I Poly 125 ml EDA EDA ----- 28 Days IC Chloride $16 Water 15 EPA 300.0 0.5 mg/I Poly 125 ml None None ----- 28 Days IC Chloramines residual $30 Water 5 SM 4500CL-G 0.2 mg/I Amber Glass 125 ml None None -- 15 min(field) Colorimetric Chlorine Dioxide Residual $30 Water 5 SM 4500CL02-D 0.25 mg/I Amber Glass 125 ml None None -- 15 min(field) Colorimetric Chlorine Residual(Free) $30 Water 5 SM 4500CL-G 0.2 mg/I Amber Glass 125 ml None None ----- 15 min(field) Colorimetric Chlorine Residual(Total) $30 Water 5 SM 4500CL-G 0.2 mg/I Amber Glass 125 ml None None ----- 15 min(field) Colorimetric Chlorite $50 Water 15 EPA 300.0 10 ug/I Amber G or Poly 60 ml Ethylene Diamine Ethylene Diamine ----- 14 Days IC Chromium by ICP/MS $10 Water 15 EPA 200.8 1 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Chromium,Hexavalent(low level)- $60 Water 10 EPA 218.6 0.02 ug/I Poly 125 ml AmmSO4/AmmOH AmmSO4/AmmOH ----- 5 Days IC Cobalt by ICP-MS $10 Water 15 EPA 200.8 2 ug/I Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Color(Apparent) $15 Water 10 SM2120B 3 ACU Amber Glass 1 L None None ----- 48 Hours Visual Color(True) $15 Water 10 SM2120B 3 ACU Amber Glass 1 L None None ----- 48 Hours Visual Conductivity(Specific Conductance) $15 Water 10 SM2510B 4 umho/cm Poly 250 ml None None ---- 28 days Electrometric Copper by ICP $12.501 Water 1 15 1 EPA 200.7 0.01 mg/I A-Poly 500 ml HNO3 HNO3 6 Months ICP General Laboratory Analyses - Compliance - City of Meridian - Fee Schedule 2024* General Laboratory Analyses Eurofins Eaton Analytical, LLC I Lead&Copper Eurofins Eaton Analytical Matrix METHOD SAMPLE ANALYSIS TAT REFERENCE I MRL UNITS BOTTLE TYPE SIZE PRESERVATIVE HOLDING TIME TEST TYPE RAW FINISHED EXTRACT ANALYSIS Corrosivity/Langelier Index(calculation) $10 Water 15 SM 2330B +/-0.1 Units ----- 14 Days Calculation Cyanide,Amenable $75 Water 15 SM4500CN-G 0.02 mg/I Poly 250 ml NaOH NaOH+ascorbic ---- 14 Days Colorimetric/RFA Cyanide-Free(Drinking Water) $40 Water 15 SM4500CN-F 0.005 mg/I Poly 250 ml NaOH NaOH+ascorbic ----- 14 Days Probe Cyanide,Total(Wastewater or DW) $35 Water 15 EPA 335.4 0.01 mg/I Poly 250 ml NaOH NaOH+ascorbic ----- 14 Days Colorimetric/RFA Cyanide WAD $75 Water 15 SM4500CN-1 0.005 mg/I Poly 250 ml NaOH NaOH+ascorbic ----- 14 Days Colorimetric/RFA Cyanogen Chloride $200 Water 5 SM4500CN-J 0.035 mg/L Amber Glass (2)40 ml Ascorbic Ascorbic --- 48 Hours Colorimetric/RFA Dioxane,1,4-Low Level $150 Water 15 EPA 522 0.25-0.5 ug/I Amber Glass (2)150mL NaSO3/NaHSO4 NaSO3/NaHSO4 14 days 28 Days GC/MS 2,3,7,8-TCDD Dioxin-Drinking Water(<1 NTU) $250 Water 15 EPA 1613E 5 pg/I Amber Glass (2)1 L None Thio 1 year 40 Days GC/MS/MS 2,3,7,8-TCDD Dioxin-Drinking Water(>1 NTU) $450 Water 15 EPA 1613B 5 pg/I Amber Glass (2)1 L None Thio 1 year 40 Days GC/MS/MS Diquat/Paraquat $100 Water 15 EPA 549.2 0.4/2 ug/1 Amber Poly 1L H2SO4 Na2S2O3 7 Days 21 Days HPLC EDB and DBCP $60 Water 15 EPA 504.1 0.01-0.05 ug/I Glass (3)40 ml None Na2S2O3 14 days 24 Hours GC/ECD EDB,DBCP,and TCP $100 Water 15 EPA 504.1 0.01-0.05 ug/I Glass (3)40 ml None I Na2S2O3 14 days 24 Hours GC/ECD PPCP-90+Suite(POS Only) $1,050 Water 30 LC-MS-MS varies ng/I Amber Glass (1)40 ml Omadine+ascorbic 20 days 28 Days LC-MS-MS PPCP-90+Suite(NEG Only) $900 Water 1 30 1 LC-MS-MS varies ng/I Amber Glass (1)40 ml Omadine+ascorbic 20 days 28 Days LC-MS-MS PPCP W W Indicators(Sucralose,AceK,Iohexol) $600 Water 30 LC-MS-MS varies ng/I Amber Glass (1)40 ml Omadine+ascorbic 28 days 28 Days LC-MS-MS PPCP-CA Recycled Water List(4) $1,200 Water 30 LC-MS-MS varies ng/I Amber Glass (1)40 ml Omadine+ascorbic 28 days 28 Days LC-MS-MS PPCP-Single Analyte $600 Water 30 LC-MS-MS varies ng/I Amber Glass (1)40 ml Omadine+ascorbic 28 days 28 Days LC-MS-MS EDTA Only $175 Water 15 HPLC/IC 100 ug/I Amber Glass 1 x 40 ml None None ----- 14 Days IC/Ampereometric EDTA plus NTA $200 Water 15 HPLC/IC 100 ug/I Amber Glass 1 x 40 ml None None ----- 14 Days IC/Ampereometric Endothall $80 Water 15 EPA 548.1 5 ug/I Amber Glass 250 ml None Na2S2O3 7 days 14 Days GCMS Enterococci Analysis $100 Water 10 SM9230 varies CFU/ml Amber Glass 250 ml I Na2S2O3 Na2S2O3 ----- 24 Hours MF Epichlorohydrin $200 Water 10 1 EPA 524.2m 0.4 ug/I Amber Glass (2)40 ml None None ----- 7 Days GCMS Ethylene Glycol-SUBCONTRACTED $175 Water 15 8015 in dev ug/I Amber Glass (2)1 L None Na2s2O3 ----- 7 Days GCMS Explosives by LCMSMS $250 Water 20 LC-MS-MS 0.1 ug/I Amber Glass (2)40 ml None Na2S2O3 ----- 28 Days LCMSMS Fecal Streptococci(5 Dilutions) $100 Water 10 SM 9230 varies MPN sterile Amber Glass 250 ml Na2S2O3 Na2s2O3 ----- 24 Hours MTF Filtration for Metals $10 Water ----- Filtration Fluoride $16 Water 15 SM4500F C 0.1 mg/I Poly 125 ml None None ----- 28 Days ISE Fungus&Mold $150 Water 15 SM 9610 1 CFU/ml Poly 100 ml None None ----- 24 Hours microcscopy Giardia/Cryptosporidium by 1623 $550 Water 20 1623 varies oocysts/L Cubitainer 10 L I None Na2s2O3 ----- 7 Days Fluorescence Micro Glyphosate $120 Water 15 EPA 547 6 ug/I Amber Glass 125 ml Na2S2O3 Na2S2O3 ----- 14 Days HPLC/PCD HAAs $95 Water 15 SM6251 B 1-4 ug/I Amber Glass (3)40 ml None None 14 Days 14 Days GC/ECD HAA 9 $175 Water 15 EPA 552.3 varies ug/I Amber Glass 1 L None None 14 Days 21 Days GC/ECD HAAs-Total Potential $250 Water 20 SM 5710B varies ug/I Amber Glass 1 L None None 14 Days 7 Days GC/ECD Haloacetonitriles $150 Water 15 EPA 551.1 0.5 ug/I Amber Glass (2)60 ml gPhos/NaSulfite gPhos/NaSulfite 14 Days 14 Days GC/ECD Hardness(Total as CaCO3)(calculation) $10 Water 15 SM 2340B 10 mg/I Poly 500 ml HNO3 HNO3 ----- 6 Months Calculation,ICP Herbicides-Drinking Water $110 Water 15 EPA 515.4 0.2-5 ug/I Amber Glass (4)60 ml I None Sulfite 14 Days 21 Days GC/ECD Herbicides-MCPA,MCPP $350 Water 15 EPA 532 0.1 ug/I Amber Glass (2)40 ml CuSO4/Trizma I CuSO4/Trizma 14 Days 28 Days HPLC-UV Hormones $600 Water 15 EPA 539 0.1-5 ng/I Amber Glass 1 L Omadine+ascorbic 14 Days 28 Days SPE-LC-MS-MS Inhibitory Residues $250 Water 15 SM 9020 1 units Glass N/A None None ----- 14 Days Pour Plate Iodate/Iodide $250 Water 15 LCMSMS 1 ug/I Poly 125 ml None None ----- 28 Days LC-MS-MS Iron by ICP $12.50 Water 15 EPA 200.7 0.01 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Lead by ICP/MS $10 Water 15 EPA 200.8 0.5 ug/I A-Poly 500 ml HNO3 HNO3 6 Months ICP/MS Lithium(non-UCMR5) $12.50 Water 15 EPA 200.7 0.005 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Magnesium by ICP $12.50 Water 15 EPA 200.7 0.1 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Manganese by ICP/MS $10 Water 15 EPA 200.8 2 ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Mercury $20 Water 15 EPA 200.8 0.2 ug/I A-Poly 500 ml HNO3 HNO3 ----- 28 Days Cold Vapor AAS Metals-Drinking Water by ICP-each"" $12.50 Water 15 EPA 200.7 varies ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Metals-Drinking Water by ICPMS-each"" $10 Water 15 EPA 200.8 varies ug/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP/MS Metals Digestion(when applicable) $15 Water 15 EPA 200.2 1 ---- 6 Months Microwave Microplastics Quote Water NA LDIR/Raman 20 um TBD TBD None None ---- NA LDIR/Raman Molybdenum by ICP/MS $10 Water 15 EPA 200.8 2 ug/I A-Poly (3)500 ml HNO3 HNO3 6 Months ICP/MS NDMA $200 Water 15 EEA 521.1 2 ng/I Amber Glass (3)500 ml Na2S2O3 Na2S2O3 14 Days 28 Days CI-GC/MS SIM Nitrosamines(6) $250 Water 15 EEA 521.1 varies ng/I Amber Glass (3)500 ml Na2S2O3 Na2S2O3 14 Days 28 Days CI-GC/MS SIM Confidential Property of Eurofins Eaton Analytical,LLC Methods,preservatives,compound lists,and MRLs subject to change;please confirm with lab prior to sample submission Page 2 of 4 General Laboratory Analyses - Compliance - City of Meridian - Fee Schedule 2024* General Laboratory Analyses Eurofins Eaton Analytical, LLC Lead A Copper Eurofins Eaton Analytical Matrix METHOD SAMPLE ANALYSIS TAT REFERENCE MRL UNITS BOTTLE TYPE SIZE PRESERVATIVE HOLDING TIME TEST TYPE RAW FINISHED EXTRACT ANALYSIS Nitrosamines(8) $300 Water 15 EEA 521.1 varies ng/I Amber Glass (3)500 ml Na2S2O3 Na2S2O3 14 Days 28 Days CI-GC/MS SIM Nickel by ICP/MS $10 Water 15 EPA 200.8 5 ug/I A-Poly 500 ml HNO3 HNO3 6 Months ICP/MS Nitrogen-Ammonia $30 Water 15 EPA 350.1 0.05 mg/I Poly 250 ml H2SO4 H2SO4 ----- 28 Days Colorimetric/RFA Nitrogen-Combined NO2+NO3 alculatior Water 15 EPA353.2 0.1 mg/I Poly 250 ml H2SO4 H2SO4 ----- 28 Days Colorimetric/RFA Nitrogen-Nitrate Low Level as NO3 $31 Water 15 EPA 300.1 0.2 mg/I Poly 60 ml EDA EDA ----- 48 Hours IC Nitrogen-Nitrate $15.50 Water 15 EPA 300.OA 0.1 mg/I Poly 125 ml None None ----- 48 Hours IC Nitrogen-Inorganic $70 Water 1 15 calculation 0.1 mg/I ----- 48 Hours requires NH3,NO3,NO2 Nitrogen-Nitrite low level as NO2 $31 Water 5 EPA 300.1 8 ug/I Poly 125 ml None None ----- 48 Hours IC Nitrogen-Nitrite $15.50 Water 5 EPA 300.0 0.05 mg/I Poly 125 ml None None ----- 48 Hours IC Nitrogen-Nitrite(Low level as N) $35 Water 5 EPA 353.2 0.01 mg/I Poly 60 ml EDA EDA ----- 48 Hours IC Nitrogen-Total Kjeldahl $35 Water 15 EPA 351.2 0.1 mg/I Poly 250 ml H2SO4 H2SO4 ----- 28 Days Calorimetric Odor $15 Water 5 SM 2150E 1 TON Amber Glass 1 L None None ----- 24 Hours Odor PBDEs&Pyrethroids $350 Water 15 GC-QQQ 5-200 ng/L Amber Glass 1 L AA/EDTA/KDHC AA/EDTA/KDHC ---- 28 Days GC/MS Perchlorate $50 Water 15 EPA 314 2 ug/I Poly 125 ml None None ---- 28 Days IC Perchlorate-Low Level $85 Water 15 EPA 331 0.5-0.05 ug/I Poly 125 ml None None ---- 28 Days IC Pesticide (Tdazine)Degradates $350 Water 15 L535 0.1-0.5 ug/I Amber Glass 250 ml None Na2S2O3 14 days 28 Days LC-MS-MS Pesticides-Urea $350 Water 20 L306 0.1 ug/I Amber Glass (4)40ml Ascorbic Ascorbic 14 days 14 Days GCMS Pesticides,Chlorinated(DW) $110 Water 15 EPA 505 varies ug/I Amber Glass (4)40ml None Na2S2O3 7 days 24 Hours GC/ECD pH $12 Water 5 SM4500H-B 0.01 units Poly 125 ml I None None ----- 15 min(field) Ion Specific Electrode Phenolics-low level $125 Water 15 EPA 420.4 5 ug/I Amber Glass 250 ml H2SO4 H2SO4 ----- 28 Days Colorimetric Phenolics $100 Water 15 EPA 420.4 10 ug/I Amber Glass 250 ml H2SO4 H2SO4 ----- 28 Days Calorimetric Phosphorus,Ortho as P $40 Water 5 SM4500P-E 0.05 mg/I Poly 125 ml None None ----- 48 Hours Colorimetric Phosphorus,Total $25 Water 15 E365.1/365.2 0.05 mg/I Poly 250 ml H2SO4 H2SO4 ----- 28 Days Calorimetric PFAS 18x chemicals $275 Water 20 EPA 537.1 2 ng/I Poly (2)250 ml 5g/L Trizma® 5g/L Trizma® 14 days 14 Days LC-MS-MS PFAS 25x chemicals $325 Water 20 EPA 533 2 ng/I Poly (2)250 ml Ammonium Acetate Ammonium Acetate 28 days 28 Days LC-MS-MS PFAS 40x chemicals- SUBCONTRACTED $500 Water 20 EPA 1633 varies ng/I Poly (2)250 ml I 5g/L Trizma® 5g/L Trizma® 14 days 14 Days LC-MS-MS Potassium by ICP $12.50 Water 15 EPA 200.7 1 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Pseudomonas aeruginosa $125 Water 10 1 IDEXX-Pseudolert varies #/ml sterile Poly 100 ml Na2S2O3 Na2S2O3 ----- 24 Hours Fluorescence Micro Radiochem-Grass Alpha Only $65 Water 15 EPA 900.0 1 pCi/I A-Poly 1 L HNO3 HNO3 6 Months Proportional Counter Radiochem-Gross Alpha/Beta $65 Water 15 EPA 900.0 3 pCi/I A-Poly 1 L HNO3 HNO3 ---- 6 Months Proportional Counter Radiochem-Grass Alpha only by copptn $100 Water 15 SM7110C 1 pCi/I A-Poly 1 L HNO3 HNO3 ---- 6 Months Proportional Counter Radiochem-Radium 226/228 $220 Water 20 Georgia Method 1 pCi/I A-Poly 3 x 1L HNO3 HNO3 ---- 6 Months Gamma Counting Radiochem-Radium 226 $110 Water 20 Georgia Method 1 pCi/I A-Poly 1 L HNO3 HNO3 ---- 6 Months Emanation Radiochem-Radium 228 $110 Water 20 Georgia Method 1 pCi/I A-Poly 1 L HNO3 HNO3 ---- 6 Months Proportional Counter Radiochem-Radon $75 Water 5 SM7500RN 50 pCi/I Amber Glass (2)40 ml None None ----- 4 Days Scintillation Radiochem-Strontium90 SUBCONTRACTED $175 Water 20 EPA 905.0 1 pCi/I A-Poly 1 L HNO3 HNO3 ---- 6 Months Proportional Radiochem-Tritium $110 Water 20 EPA 906.0 1000 pCi/I A-Poly 1 L None None --- 6 Months Scintillation Radiochem-Uranium by ICPMS(pCi/L) $30 Water 15 EPA 200.8 1 ug/I A-Poly 1 L HNO3 HNO3 --- 6 Months ICP/MS Selenium by ICP/MS $10 Water 15 EPA 200.8 5 ug/I A-Poly 500 ml HNO3 HNO3 ---- 6 Months ICP/MS Silica by ICP $12.50 Water 15 EPA 200.7 0.428 mg/I Poly 500ml None None ---- 28 Days ICP Silver by ICP/MS $10 Water 15 EPA 200.8 0.5 ug/I A-Poly 500 ml HNO3 HNO3 ---- 6 Months ICP/MS SVOCs-Drinking Water-Regulated $225 Water 15 EPA 525.2 varies ug/I Amber Glass (2)1 L HCL Sulfite,then HCI 14 Days 30 Days GCMS SVOCs-Drinking Water(Expanded) $300 Water 1 15 1 EPA 525.2 varies ug/I Amber Glass (2)1 L HCL Sulfite,then HCI 14 Days 30 Days GCMS Sodium by ICP $12.50 Water 15 EPA 200.7 1 mg/I A-Poly 500 ml HNO3 HNO3 ---- 6 Months ICP Solids,Total Dissolved $16 Water 15 SM2540C 10 mg/I Poly 1 L None None ----- 7 Days Gravimetric Solids,Total Suspended $20 Water 15 SM2540D 10 mg/I Poly 500 ml None None ----- 7 Days Gravimetric Strontium by ICP $12.50 Water 15 EPA 200.7 0.01 mg/I A-Poly 500 ml HNO3 HNO3 ----- 6 Months ICP Sulfate $16 Water 15 EPA 300.OA 0.25 mg/I Poly 125 ml None None ----- 28 Days IC Sulfide,Dissolved $52 Water 10 SM4500-S21) 1 0.1 mg/I Poly (2)250 ml NaOH+ZnAc NaOH+ZnAc 1 day 7 Days I Calorimetric Sulfide,Total $35 Water 1 15 SM4500-S-2D 0.1 mg/I Poly 250 ml NaOH+ZnAc NaOH+ZnAc ----- 7 Days Colorimetric Surfactants(MBAS) $45 Water 10 SM5540C 0.05 mg/I Poly 500 ml None None ----- 48 Hours Colorimetric t-Butyl Alcohol $150 Water 15 EPA 524.2 2 ug/I Amber Glass (3)40 ml HCL Ascorbic/HCL ----- 14 Days GC/MS Taste and Odor(MIB/Geosmin by SPME) $250 Water 10 SM6040D mod 3 to 5 ng/I Amber Glass (3)40 ml None I None 72 Hours SPME-GC/MS Confidential Property of Eurofins Eaton Analytical,LLC Methods,preservatives,compound lists,and MRLs subject to change;please confirm with lab prior to sample submission Page 3 of 4 General Laboratory Analyses - Compliance - City of Meridian - Fee Schedule 2024* General Laboratory Analyses Eurofins Eaton Analytical, LLC Lead A Copper Eurofins Eaton Analytical Matrix METHOD SAMPLE ANALYSIS TAT REFERENCE I MRL UNITS BOTTLE TYPE SIZE PRESERVATIVE HOLDING TIME TEST TYPE RAW FINISHED EXTRACT ANALYSIS Thallium by ICP/MS $10 Water 15 EPA 200.8 1 ug/I A-Poly 500 ml HNO3 HNO3 ---- 6 Months ICP/MS THMs by 524.2 $55 Water 15 EPA 524.2/551.1 varies ug/I Amber Glass (3)40 ml Na2S2O3 a NH4CI Na2S203or NH4CI if 551.1 extract 14 days 14 Days GCMS or GC/ECD THMs/HANs/HKs/Chloropicrin $250 Water 15 EPA 551.1 0.5 ug/I Amber Glass (3)40 ml NH4CI+buffer NH4CI+buffer 14 days 14 Days GC/ECD THMs-Total Potential $160 Water 20 SM5710 0.5 ug/I Amber Glass 1 L None None ------ 7 Days GC/ECD Total Organic Carbon $45 Water 15 SM5310C 0.25 mg/I Amber Glass 125 ml H2SO4 H2SO4 28 Days UV-Persulfate Total Organic Carbon(SUVA) $65 Water 15 IESWTR 1 Units Amber Glass 125 ml None None ---- 2 Days UV254 x 100/DOC Dissolved Organic Carbon $45 Water 15 SM 5310C 0.25 mg/I Amber Glass 125 ml None None 28 Days UV-Persulfate 2,4,6-Trichlorophenol $95 Water 15 SM6251 B 0.1 ug/I Amber Glass (3)40 ml NH4CI NH4CI ---- 14 Days GC/ECD 1,2,3-Trichloropropane(TCP) $100 Water 15 CA SRL 524M-TCP 0.005 ug/I Amber Glass (3)40 ml HCI HCl/Ascorbic ---- 14 days GCMS Turbidity $15 Water 10 EPA 180.1 0.05 NTU Amber Glass 1 L None None ---- 48 Hours Nephelometric Uranium by ICP/MS(ug/L) $10 Water 15 EPA 200.8 1 ug/I A-Poly 500 ml HNO3 HNO3 ---- 6 Months ICP/MS UV254 $30 Water 15 SM 5910E 0.009 AU Amber Glass 125 ml None None ---- 48 hours Spectrophotometric Vanadium by ICP/MS $10 Water 15 EPA 200.8 3 ug/I A-Poly 500 ml HNO3 HNO3 6 Months ICP/MS VOCs-Drinking Water $200 1 Water 15 EPA 524.3 varies ug/I Amber Glass (3)40 ml Maleic/Ascorbic Maleic/Ascorbic ----- 14 Days GC/MS VOCs-Drinking Water-regulated $80 Water 15 EPA 524.2 varies ug/I Amber Glass (3)40 ml HCL Ascorbic/HCL ----- 14 Days GC/MS VOCs-Drinking Water-extended $150 Water 15 EPA 524.2 varies ug/I Amber Glass (3)40 ml HCL Ascorbic/HCL -- 14 Days GC/MS Water Suitability Analysis $300 Water 15 SM 9020 N/A N/A Poly 500 ml None None 48 Hours N/A Various Zinc by ICP/MS $10 Water 15 EPA 200.8 20 ug/1 A-Poly 500 ml HNO3 HNO3 6 Months ICP/MS *PPCPs include sample analysis plus one dilution.Additional dilutions may be run for an additional fee. *Matrix,Water means Finished Drinking Water or Unimpaired Natural Drinking Water Source. Other matrices by Quote. *calculations require additional tests at listed rate *Listed rates will be honored through Dec 31,2024,unless circumstances require a price change(cease performing a test,etc.) Confidential Property of Eurofins Eaton Analytical,LLC Methods,preservatives,compound lists,and MRIs subject to change;please confirm with lab prior to sample submission Page 4 of 4 PROCUREMENT MANAGER W IDIAN 33 East Broadway Avenue C�� .� Meridian, ID 83642 Phone: 208-888-4433 Fax: 208-887-4813 CITY OF MERIDIAN SOLE SOURCE FORM Date: November 8, 2023 Item or Service: Eurofins Eaton Analytical, LLC /Annual Non-Micro Water Sampling—Testing Services (Water, UCMR, Compliance, Lead and Copper) ® Sole Source: It has been determined that competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances. Refer to instructions on 2nd page for completion. JUSTIFICATION: (Attach additional pages if needed) Eurofins Eaton Analytical, LLC has historically been the sole vendor to submit an RFQ for these services. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy& Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Procurement Division Approval: Dennis Teller Reques (Pri ame) �14 ith Watts, Procurement Manager Department Manager Approval / Signature Date: 1/4/2024 Date: 11-09-2023 SOLE SOURCE/BRAND EXAMPLES. SOLE SOURCE: Only one (1) vendor if there is only one (1) vendor for the personal property to be acquired. For purposes of this definition, only one (1) vendor shall refer to situations where there is only one (1) source reasonably available and shall include, but not be limited to, the following situations: (i) Where property is required to respond to a life-threatening situation or a situation which is immediately detrimental to the public welfare or property; (ii) Where the compatibility of equipment, components, accessories, computer software, replacement parts or service is the paramount consideration; (iii) Where a sole supplier's item is needed for trial use or testing; (iv) The purchase of mass-produced movies, videos, books or other copyrighted materials; (v) The purchase of property for which it is determined there is no functional equivalent; (vi) The purchase of public utility services; (vii) The purchase of products, merchandise or trademarked goods for resale at a political subdivision facility; or (viii)Where competitive solicitation is impractical, disadvantageous or unreasonable under the circumstances. THE FOLLOWING ARE NOT REASONS FOR SOLE SOURCE a) Personal preference for a product or vendor. b) Cost, past performance, local presence, delivery etc. These are award criteria to be used in a competitive bid process. c) Specifications that exceed requested performance. E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Mini Heavy Equipment Rodeo Agreement with Western States Equipment Company for Public Works Week Expo 2024 Mayor Robert E. Simison City Council Members: E IDIAN ��� Joe Borten, President Liz Strader,Vice President D A H O Doug Taylor John Overton Anne Little Roberts Luke Cavener TO: Mayor Robert E. Simison Members of the City Council FROM: David Briggs, P.E., P.M.P. DATE: March 20, 2024 SUBJECT: MINI HEAVY EQUIPMENT RODEO AGREEMENT WITH WESTERN STATES EQUIPMENT COMPANY FOR PUBLIC WORKS WEEK EXPO 2024 REQUESTED COUNCIL DATE: I. RECOMMENDED ACTION A. Move to: 1. Approve the License and Indemnity Agreement with Western States Equipment Company for 2024 Public Works Week Mini Heavy Equipment Rodeo 2. Authorize the Mayor to sign the agreement II. DEPARTMENT CONTACT PERSONS David Briggs, Public Works Expo Chair 208-489-0347 Peter Hall, Public Works Expo Co-Chair 208-489-0355 Susie Deardorff, Public Works Week Coordinator 208-489-0361 III. DESCRIPTION A. Back rg ound For the past eight years of Public Works Week,the Mini Heavy Equipment Rodeo has been a focal point of the Public Works Week Expo. This year,we are working with Western States Equipment Company to keep the tradition alive by having a Mini Heavy Equipment Rodeo at the Expo. Page 1 of 2 IV. IMPACT A. Strategic Impact: The City Hall east parking lot will be closed for the Expo and the Mini Heavy Equipment Rodeo. The rodeo will take place in the center of the parking lot and be roped off using traffic cones and caution tape. The equipment will be live and operational, so it can be quickly moved, if necessary. B. Fiscal Impact: License and Indemnity Agreement V. ALTERNATIVES A. The City could choose not to sign the License and Indemnity Agreement with Western States Equipment Company;this will prevent the Mini Heavy Equipment Rodeo at City Hall. VI. TIME CONSTRAINTS A. Council's approval will allow for the timely return of the signed license agreement to Western States Equipment Company.This will allow Western States Equipment Company to prepare properly for the Mini Heavy Equipment Rodeo. VII. LIST OF ATTACHMENTS A. License and Indemnity Agreement(Rodeo) Approved for Council Agenda: M " 3/20/24 Page 2 of 2 LICENSE AND INDEMNITY AGREEMENT WITH WESTERN STATES EQUIPMENT COMPANY FOR 2024 PUBLIC WORKS WEEK MINI HEAVY EQUIPMENT RODEO This LICENSE AND INDEMNITY AGREEMENT WITH WESTERN STATES EQUIPMENT COMPANY FOR 2024 PUBLIC WORKS WEEK MINI HEAVY EQUIPMENT RODEO is made this 2nd day of April , 2024 ("Effective Date"), by and between Western States Equipment Company whose address is 500 E Overland Road, Meridian, Idaho ("Licensee"), and the City of Meridian, Idaho, a municipal corporation organized under the laws of the State of Idaho ("City"), whose address is 33 E. Broadway Ave., Meridian, Idaho. WHEREAS, City is hosting an event at the Meridian City Hall Plaza on May 22, 2024 to celebrate Public Works Week; and WHEREAS, as part of the Public Works Week celebration, Licensee is sponsoring a mini heavy equipment rodeo activity in the City Hall east parking lot(referred to herein as the "Property"); and WHEREAS, the City of Meridian is willing to allow Licensee a limited license to use Property for this purpose; NOW THEREFORE, in consideration of the recitals and mutual covenants, agreements, and inducements contained herein, the parties hereby agree as follows: I. SCOPE OF LICENSE GRANTED BY CITY. A. Scope of use. Licensee's use and occupancy of the Property shall be limited to activities associated with the mini heavy equipment rodeo, specific activities include the following: Up to two mini excavators will be on site for the public to test their skills at operation of the equipment in a competition setting. The setup will include picking up and moving a plastic bucket filled with water with the bucket and arm of the excavator. The area of operation will be delineated with traffic candles and caution tape for public safety. B. Participant Waiver and Release Required. Licensee shall have each participant execute the "Release and Waiver of Liability Agreement" in form and content substantially similar to that set forth in Exhibit A hereto and incorporated herein. C. Term of license. The term of this Agreement shall be from 4 p.m. to 7 p.m. on May 22, 2024, along with sufficient time to set up and tear down immediately before and after this time period. Il. INDEMNIFICATION; INSURANCE. A. Indemnification. In consideration of Licensee's fee-free access to and use of Property, Licensee shall, and hereby does, indemnify and save and hold harmless City from and for any and all losses; claims; actions;judgments for damages; injury to its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, other persons, or property; and/or losses and expenses caused or incurred by Licensee, and not caused by or arising out of the LICENSE AND IDEMNITYAGREEMENT Page 1 of 5 tortious conduct of City of Meridian, which are directly attributable to Licensee's operation of the mini heavy equipment rodeo, as described in Section I.A. Licensee acknowledges that accessing or using Property carries risks, some of which are unknown, and assumes these and any and all other known and unknown risks and hazards of such activity and any activity related thereto. Licensee forever waives and releases, on behalf of itself, its members, its agents, its employees, and their heirs, executors, administrators, assigns, and/or personal representatives, any and all claims and/or rights for damages Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees now has or may hereafter have against the City of Meridian and/or its employees, elected officials, agents, guests, and/or business invitees, suffered in connection with or arising out of Licensee's access to and use of City facilities and/or any activity related thereto and not caused by or arising out of the negligence, misconduct, or tortious conduct of the City of Meridian or its employees. B.No coverage provided. Licensee acknowledges that the City of Meridian shall not provide for Licensee or for its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, any insurance or coverage of any kind, whether financial, medical, property, or otherwise, for any accidents, injuries, deaths, illnesses, losses, or damages that result during or arise out of Licensee's actions or omissions hereunder and/or any activity related thereto. C. Licensee to maintain insurance. Licensee shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, and upon each and every occasion on which Licensee uses the Property hereunder, liability insurance in which the City of Meridian shall be named additional insured 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, Licensee covenants and agrees to indemnify and save and hold harmless City from and for any and all such losses, claims, actions, or judgments for damages or liability to persons or property. Licensee shall provide the Clerk City with a Certificate of Insurance or other proof of insurance evidencing Licensee's compliance with the requirements of this paragraph. In the event the insurance minimums of the Idaho Tort Claims Act are changed, Licensee shall immediately submit proof of compliance with the changed limits. D.Waiver. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, employees waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Licensee's use of City's Property,whether such loss or damage may be attributable to known or unknown conditions, except for liability caused by or arising out of the negligence, misconduct, or tortious conduct of the City of Meridian or its employees. E.As-is condition. The City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises of the Property; Licensee accepts same as-is,both at the effective date of this agreement and at the time and for the purpose of each event and activity specified herein. LICENSE AND IDEMNITYAGREEMENT Page 2 of 5 F. Good faith. Licensee will utilize the Property in a manner that will best conserve the current condition of the Property. Ill. GENERAL PROVISIONS. A.Alterations,improvement to real property. Licensee shall not make, or permit to be made, alterations to or improvements to Property without first obtaining City's written consent. B. Relationship of Parties. Licensee and its members, agents, invitees, volunteers, contractors, officials, officers, guests, and employees are not independent contractors nor employees, agents, joint venturers, or partners of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Licensee and City or any official, agent, or employee of City; or between any of Licensee's members, agents, invitees, volunteers, contractors, officials, officers, guests, employees, and the City or any official, agent, or employee of City. C. Termination. If, through any cause, Licensee fails to comply with the terms of this Agreement, violates any of the covenants, agreements, and/or stipulations of this Agreement, or of any other applicable law, ordinance,regulation, or policy, and/or engages in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may immediately terminate this Agreement without the necessity of providing written notice to Licensee of such termination. Notice of for-cause termination shall be effective immediately upon verbal notification by City. D. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice,waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee. E. Notices. Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed by United States Mail, certified, return receipt requested, addressed as follows: City: City of Meridian Public Works Department 33 E.Broadway Avenue Meridian, Idaho 83642 Licensee: Western States Equipment Company 500 E Overland Rd Meridian, ID 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. F. Compliance; no discrimination. In undertaking activities under or related to this Agreement, Licensee shall comply in all respects with all applicable laws, ordinances, regulations,policies, agreements, and requirements, and further shall not discriminate against LICENSE AND IDEMNITYA GREEMENT Page 3 of 5 any person on the basis of race, color,religion, sex,national origin or ancestry, age or disability. G. Entire Agreement. This Agreement contains the entire agreement between the parties and supersedes any and all other agreements or understandings, oral of written,whether previous to the execution hereof or contemporaneous herewith. H. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney and/or has received the opportunity to seek such advice. I. Applicable law.The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. 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. LICENSEE: Western States Equipment Company Z— Jesikah Luangaphay VP, Finance CITY OF MERIDIAN: Robert E. Simison, Mayor 4-2-2024 Attest: Chris Johnson, City Clerk 4-2-2024 LICENSE AND IDEMNITYAGREEMENT Page 4 of 5 EXHIBIT A RELEASE AND WAIVER OF LIABILITY AGREEMENT With respect to participation in the 2024 City of Meridian Public Works Exposition Equipment Rodeo: I hereby voluntarily release, forever discharge, and agree to defend, indemnify and hold harmless the City of Meridian and Western States Equipment Company (the "Company") and their respective owners, agents, employees, officers, directors, affiliates, successors, and assigns ("Released Parties"), jointly and individually from any and all liability, damage, expense, causes of action, suits, claims or judgments, arising from injury, damage or loss, or claims of injury, damage or loss,to me or my personal property arising from or in any way related to my participation in any activities or events sponsored or conducted by Company, including any such claims that allege the negligent acts or omissions of the Released Parties. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Company, or the employees,representatives or agents of Company. If the participant is a minor(under the age of 18),1 agree that this Release is made on behalf of that minor participant and that all of the releases, waivers, and promises herein are binding on that minor participant. I represent that I have full authority as parent or legal guardian of the minor participant to bind the minor participant to this Release,and further agree to defend,indemnify and hold harmless the Released Parties from any and all claims or suits for personal injury,property damage or otherwise which are brought by, or on behalf of the minor, and which are in any way connected with the minor's participation in the activity or event,including injuries or damages caused by the negligence of the Released Parties. I understand that participation in activities may cause serious or grievous injuries, including bodily injury,damage to personal property and/or death. I certify that I know of no medical problems that would increase my risk of illness or injury as the result of the activities. I assume any risk, and take full responsibility and waive any claims of personal injury, death or damage to personal property associated with the activities. I have read and understand the foregoing statements and voluntarily sign this Release with full knowledge of its significance. I agree that this Release is intended to be as broad and inclusive as is permitted by the law of the state of Idaho,and that if any portion hereof is held invalid,it is agreed that the balance shall,notwithstanding, continue in full legal force and effect. Participant: Date of Birth: Age: Signature (parent or legal guardian if participant is a minor) Printed Name Date: LICENSE AND IDEMNITYAGREEMENT Page 5 of 5 LICENSE AND INDEMNITY AGREEMENT Western States Equipment 03-8-24 Final Audit Report 2024-03-13 Created: 2024-03-12 By: Fallon Urquhart(Fallon.Urquhart@wseco.com) Status: Signed Transaction ID: CBJCHBCAABAAfM-GCekADrxblvhlk69NLbddQmDEPYWP "LICENSE AND INDEMNITY AGREEMENT Western States Equ ipment 03-8-24" History Document created by Fallon Urquhart (Fallon.Urquhart@wseco.com) 2024-03-12-10:24:43 PM GMT-IP address:50.96.239.71 Document emailed to Jesikah Luangaphay Qesikah.luangaphay@wseco.com)for signature 2024-03-12-10:26:34 PM GMT Email viewed by Jesikah Luangaphay Qesikah.luangaphay@wseco.com) 2024-03-12-10:51:29 PM GMT-IP address:50.96.239.71 �Q Document e-signed by Jesikah Luangaphay Oesikah.luangaphay@wseco.com) Signature Date:2024-03-13-3:13:13 PM GMT-Time Source:server-IP address:50.96.239.71 Agreement completed. 2024-03-13-3:13:13 PM GMT 0 Adobe Acrobat Sign E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Approval of License Agreement with Discovery Co-Operative Gardeners for a Community Garden in Discovery Park. C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Work Session Agenda From: Mike Barton, Parks Superintendent Meeting Date: April 2, 2024 Topic: Community Garden in Discovery Park Recommended Council Action: Authorize the Mayor to sign the attached License Agreement Background: Phase II of Discovery Park has an area approximately 1/2 acre in size set aside for a community garden.We envision this garden will operate similar to the garden in Kleiner Park where an organization will lead the day to day operation with support from City staff.We have an organization named Discovery Park Co-Operative Gardeners that wishes to operate the garden with the goal of enhancing the Meridian community's quality of life by providing community gardening activities, including educational programming and cultivation of produce for local food banks. Attachment: License Agreement for Community Garden in Discovery Park. LICENSE AGREEMENT FOR COMMUNITY GARDEN IN DISCOVERY PARK This LICENSE AGREEMENT FOR COMMUNITY GARDEN IN DISCOVERY PARK ("Agreement") is made and entered into this 2nd day of April , 2024 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Discovery Co-Operative Gardeners ("Licensee"). WHEREAS,the respective governing bodies of City and Licensee are mutually interested in enhancing the Meridian community's quality of life by providing and supporting community gardening activities and benefits, including educational programming and cultivation of produce for local food banks, and to that end, City wishes to program approximately half-acre of ground on the west side of Discovery Park, located at 2121 E. Lake Hazel Road, Meridian, Idaho ("Park"), as a community garden ("Community Garden"); NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, City and Licensee agree as follows: I. License granted. City shall, in exchange for Licensee's services related to management and oversight of the Community Garden, grant to Licensee a non-exclusive license to maintain Community Garden for the purposes and in the manner set forth in this Agreement. II. Use of Community Garden. Licensee's use and occupancy of the Community Garden shall be limited to gardening by Licensee. Licensee shall not use or permit the use of the Community Garden for any purpose other than gardening without the express written consent of City. III.Term of license. The term of this license shall be from the Effective Date through 1 1:59 p.m. on December 31, 2024, unless earlier terminated by either party by the method established herein. This license shall automatically be renewed from year to year thereafter unless written notice of termination is given by either party to the other in the manner set forth herein. IV.Rights and responsibilities of Licensee. With regard to Licensee's use and occupancy of the Community Garden under this Agreement, Licensee shall be responsible for, and entitled to, each and all of the following rights and responsibilities. A. Produce. Licensee shall donate a substantial portion of all produce grown at Community Garden to the Meridian Food Bank. B. Equipment; shed. Licensee may store tools and equipment at Park, including a shed as approved by the Director of the Meridian Parks and Recreation Department or designee ("Director"). Upon notice from City, Licensee shall move or remove any such property and/or equipment within a reasonable time as mutually agreed by the parties; property and/or equipment not removed within twenty-four(24) hours following such mutually agreed time shall be deemed abandoned by Licensee and shall be owned by City. Licensee shall secure the shed so as to prevent criminal conduct in or to same. Licensee shall be solely responsible for any theft, vandalism, unlawful entry, arson, or other damages incurred to the shed. Licensee shall maintain the shed in a safe and sanitary LICENSE AGREEMENT FOR DISCOVERY PARK COMMUNITY GARDEN PAGE 1 manner. Licensee shall not store any hazardous or toxic substances in or at the shed or Community Garden without prior written consent from, City. C. Irrigation. Licensee shall be responsible for irrigating the Community Garden. City may require an increase or decrease of water usage or application in Community Garden as may be necessary or reasonable under the circumstances. D. Weed and pest control. During the growing season (approximately mid-April through mid-October), Licensee shall be responsible for weed and pest control within the planting area of Community Garden. City shall be responsible for weed and pest control throughout the remainder of Park and during the non-growing season (approximately mid-October through mid-April). Licensee shall not utilize pesticides or herbicides, or allow such use, in Community Garden without prior written consent from City. E. Alterations; waste; signs. With the exception of activities directly related to gardening, Licensee shall not make, or permit to be made, alterations on or to the Community Garden or to Park, or any portion or component thereof, whether temporary or permanent,without prior written consent from City. Any and all additions to, or alterations of, Community Garden shall become at once a part of the real property and shall belong to City. Licensee shall not install or erect thereon signs,posts, poles, fencing, or other improvements or structures without prior written consent from City. F. Reasonable use. Licensee shall employ best efforts to ensure that its use of Community Garden land, facilities, amenities, and infrastructure is appropriate, reasonable, and lawful. Where Licensee's use of same causes damage, Licensee shall reimburse City for the cost or proportionate cost of necessary repairs and/or replacement. G. Surrender of possession. Licensee agrees to surrender possession and occupancy of the Community Garden and Park premises peaceably at the termination of this Agreement and any renewal or extension thereof. H. Hold harmless. Licensee holds City harmless from any loss, liability, claim,judgment, or action for damages or injury to Licensee, to Licensee's personal property, equipment, members, agents, or volunteers arising out of or resulting from the condition of Community Garden or any lack of maintenance or repair thereon not caused by or arising out of the tortious conduct of City or its employees. 1. Insurance. In the event Licensee hires any person to work on or at the Community Garden, or allows any other volunteers to work on or at the Community Garden, Licensee shall obtain worker's compensation insurance, if required by law. Licensee may, at Licensee's option, maintain property or crop insurance, as applicable, for property owned or crops planted by Licensee. J. Admission. Licensee shall have right to assess and collect reasonable contributions to Licensee's expenses from persons participating in activities conducted at Community Garden by Licensee. Licensee shall not charge any fee for public admission to Community Garden without the prior written consent of City. LICENSE AGREEMENT FOR DISCOVERY PARK COMMUNITY GARDEN PAGE 2 K. Assumption of risk. Licensee acknowledges that provision of services under this Agreement may carry a risk of injury, illness, and/or death, some of which risks may be unknown, and, with that knowledge, Licensee hereby assumes all such risks and hazards. L. Indemnification. Licensee acknowledges that provision of services under this Agreement may carry a risk of injury, illness, and/or death, some of which risks may be unknown, and, with that knowledge, Licensee hereby assumes all such risks and hazards. Licensee shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or in to persons or property, and from any and all losses and expenses caused or incurred by Licensee or Licensee's servants, agents, employees, guests, and/or business invitees. Licensee waives and releases, on behalf of Licensee and Licensee's heirs, executors, administrators, assigns, and/or personal representatives,any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Licensee's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. M. Independent contractor. In all matters pertaining to this agreement, Licensee shall be acting as an independent contractor. It is acknowledged by Licensee that all activities described in this Agreement are outside the course and scope of Licensee's employment with City, and are completely unrelated to such employment. Further, and without limitation, Licensee understands, acknowledges, and agrees: l. Licensee is free from actual and potential control by City in the provision of services under this Agreement. 2. Licensee is engaged in an independently established trade, occupation, profession, or business. 3. Licensee has the authority to hire subordinates. 4. Licensee owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Licensee nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. 6. Any injury Licensee may incur in the course of activities described in this Agreement shall not be covered by City's workers' compensation insurance. 7. Licensee shall not represent that he is acting as a Meridian Fire Department employee for the purpose or in the course of fundraising for activities described in this Agreement. V. Rights and responsibilities of City. With regard to Licensee's use of the Community Garden under this Agreement, City shall be responsible for the following. A. Utilities. City shall pay for any power, water, or other utilities utilized or provided at Community Garden. B. Assessments; property taxes. City shall pay the regular assessments and property taxes, if any, due and owing on Community Garden and/or Park. LICENSE AGREEMENT FOR DISCOVERY PARK COMMUNITY GARDEN PAGE 3 C. Landscape maintenance. City shall be responsible for tree, turf, and landscape maintenance; mowing; custodial services; and hardscape cleaning and maintenance at Community Garden. Licensee shall not mow, spray, prune, or otherwise alter or maintain any natural or hardscape portion of Park. D. Scheduling. The parties hereto expressly acknowledge that Park is a public space, 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 Park for any and all purposes and under any and all conditions, so long as such use does not conflict or interfere with scheduled use by Licensee. E. No right to exclude conveyed. Licensee shall not have the right to exclude any law- abiding person from Community Garden where such person is not interfering with Licensee's reserved use thereof, nor the right to interfere with any person's concurrent, lawful use of Community Garden or Park where such concurrent use does not conflict or interfere with Licensee's use. F. Alterations. Upon thirty (30) days notice to Licensee in the manner established herein, City shall have the right to make alterations to Community Garden and/or to construct or locate landscaping, fixtures, structures, and/or any other improvements in or upon Community Garden or Park, except that City may undertake such alterations, construction, or improvements on an emergency or immediate basis without notice to Licensee where such action is necessary to protect the health, safety, and/or welfare of the public, or where such alterations, construction, or improvements will not unreasonably affect Licensee's use of Community Garden as set forth in this Agreement. G. Right of entry. City and City's contractors, employees, agents, and invitees, shall be authorized to, at all times,to enter the Community Garden and all storage areas for the purposes of inspection for compliance with the terms of this Agreement and for the exercise of City's rights hereunder, the posting of notices, and for all other lawful purposes. The parties shall supply each other with keys and any other instruments necessary to allow mutual entry onto the Community Garden and all storage areas. VI.General provisions. A. Acceptance as is. Licensee acknowledges that Licensee has inspected the Community Garden and does hereby accept the Community Garden as being in good and satisfactory order, condition, and repair. It is understood and agreed that City makes no warranty or promise as to the condition,safety, usefulness or habitability of the Community Garden, and Licensee accepts the Community Garden "as is." B. No agency. It is understood and agreed Licensee shall not be considered an agent of City in any manner or for any purpose whatsoever in Licensee's use and occupancy of Community Garden and/or any activity undertaken with regard to Community Garden, to Park, or to this Agreement. Neither Licensee nor any officer, employee or agent thereof shall be deemed an employee of City. Licensee shall have no authority or responsibility LICENSE AGREEMENT FOR DISCOVERY PARK COMMUNITY GARDEN PAGE 4 to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. C. Breach; cure; termination. If Licensee is in breach or default of any of the terms, covenants or conditions of this Agreement and Licensee fails or refuses to cure such breach or default within three (3) days of written notice thereof, or if City determines that termination is in the best interest of the City, this Agreement, and all rights of Licensee in and to Community Garden, at City's option, may be deemed terminated and forfeited without further notice or demand. In the event of termination of this Agreement, Licensee shall forfeit any right to harvest produce planted and any right to the proceeds thereof, except that where termination occurs due to City's determination that termination is in the best interest of the City, Licensee may request that City permit termination after Licensee's harvest, which permission shall not be unreasonably withheld. In the event of termination, City shall provide Licensee with fourteen (14) days to, at the time and manner as may reasonably be required by City, remove its tools, equipment, and shed from Park. If any tools, equipment, or the shed remain in Park following this period, such items shall be deemed abandoned and shall be owned by City. D. Force Majeure. No Party will be liable for failure to perform any duty under this Agreement where such failure is due to or made impracticable by unforeseeable causes beyond the Parties' control and without the fault or negligence of the Parties, including, but not restricted to, acts of God or the public enemy, fire, flood, natural disaster, epidemic, strike, or order of any court or authorized agency. E. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee. F. No obligation. By the granting of this lease, City does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of Community Garden or Park. G. No third-party beneficiaries. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. H. No assignment. Licensee shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Licensee cease to exist as an organization, this Agreement and all rights granted to Licensee hereunder shall be void. 1. Annual review. Between November 1 and December 31 of each year, Licensee and City shall together review the year to address any problems which may have arisen and to discuss possible changes to improve matters regarding the parties'joint use of Community Garden. LICENSE AGREEMENT FOR DISCOVERY PARK COMMUNITY GARDEN PAGE 5 J. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: Licensee: City: Discovery Co-Operative Gardeners City of Meridian Chris Verkerk, President Director, Parks and Recreation Department 2465 E. Springwood Dr. 33 East Broadway Meridian ID 83642 Meridian ID 83642 Notices shall be in writing and sent by U.S. mail to the address specified above. Notice shall be deemed to have been given upon deposit in the U.S. mail. K. Amendments. This License may only be amended by mutual written agreement of the parties. L. City Council approval required. This lease shall not be effective until it is approved by resolution of the City Council and executed by the Mayor. M. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 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. LICENSEE: Chris Verkerk President, Discovery Co-Operative Gardeners CITY OF MERIDIAN: Attest: BY: Robert E. Simison, Mayor 4-2-2024 Chris Johnson, City Clerk 4-2-2024 LICENSE AGREEMENT FOR DISCOVERY PARK COMMUNITY GARDEN PAGE 6 W IDIAN� AGENDA ITEM ITEM TOPIC: Memorandum of Understanding Between the City of Meridian and the Idaho Transportation Department for grant funding of the Linder Road Overpass Project Mayor Robert E. Simison City Council Members: E IDIANI.T., Joe Borten, President Liz Strader, Vice President i i A H Doug Taylor John Overton -- Anne Little Roberts - Luke Cavener March 26, 2024 MEMORANDUM TO: Mayor and City Council CC: Emily Kane, David Miles, Bruce Freckleton FROM: Caleb Hood, Deputy Director e]-� RE: Linder Road Overpass—ITD Grant MOU Recommended Council Action: Authorize the Mayor to sign the attached Memorandum of Understanding (MOU) with the Idaho Transportation Department (ITD). Background: The 2023 Idaho Legislature appropriated$100M to be used on local roads throughout the State to mitigate the impacts of adding new connections of state highways to interstate highways. Last summer, the City applied for a grant through the State's Strategic Initiatives Program to help offset the costs of the Linder Road Overpass project. ITD received 127 applications, seeking $293M in transportation funding from communities around the State. In December, the ITD Board voted to award the City$4.3M for the Linder Road Overpass project. Earlier this year, ITD sent the City an award letter(attached) and a Memorandum of Understanding (MOU, attached) outlining both the City's and ITD's scope of responsibility for the subject grant. Staff from the City's Legal and Community Development Departments have reviewed the MOU and recommend approval. City Staff is currently working with ACHD on supplemental agreements to facilitate the acceleration construction of the Linder Road project as a whole, including spending and reporting on the grant according to our application (attached)1r�$(gitqy6*terms. Community Development Department . 33 E.Broadway Avenue,Suite 102,Meridian,ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org MEMORANDUM OF UNDERSTANDING BETWEEN THE IDAHO TRANSPORTATION DEPARTMENT AND THE CITY OF MERIDIAN To provide the agreement guidelines for the Idaho Transportation Department (ITD) and the City of Meridian (GRANT RECIPIENT), hereinafter "Party" or"Parties", in cooperative endeavors within each agency's scope of responsibility related to the FY2024 Strategic Initiatives Program Local Transportation Grant Program. AUTHORITY: Idaho Code 40-719 created the Strategic Initiatives Grant Program and established the Strategic Initiatives Grant Program Fund,and Senate Bill No. 1189 appropriated funds to ITD for FY2024. Idaho Code section 40-317 and Idaho Code sections 67-2326 through 2333 and 67-2339. AWARD AMOUNT AND PROJECT DESCRIPTION: $4,305,388.70 is approved from the Strategic Initiatives Grant Program for Grant Recipient's project as described in their application attached as Exhibit A for LinderOverpass and Roadway Corridor Improvements. ITD RESPONSIBILITIES: 1. To ensure the Strategic Initiatives Grant Program is used to mitigate the impact of state highway projects on local roads or for economically significant local transportation projects that require the assistance of ITD to facilitate funding. 2. Review Grant Recipient's provided information outlined below and concur in project readiness before processing fund transfer(s)from the Strategic Initiatives Grant Program Fund to the Grant Recipient, and process funding transfer within 30 days of approving the Grant Recipient's request for construction funding. 3. Report annually to the transportation and defense committee of the House of Representatives and the transportation committee of the Senate of the Legislature regarding the Strategic Initiatives Grant Program. GRANT RECIPIENT RESPONSIBILITIES: 1. Utilize Grant funding to complete project scope within allotted cost and schedule as described in Grant Recipient's application included as Exhibit A. 2. Provide account routing information for the transfer of the Strategic Initiatives Grant Program award. 3. Follow all applicable state laws governing the expenditures of state funds. 4. Submit construction-ready plans to ITD, including a construction schedule and request for construction funding. 5. Follow State procurement rules for advertising, bidding and award of contracts. 6. Provide construction oversight and project administration. Page I 1 7. Provide an annual update on the project status no later than September 30, beginning in 2024. 8. Complete project construction,including any change orders or other contract adjustments. 9. Provide a final close-out report including a summary of project accounting, with before and after pictures upon project completion. 10. Responsible for answering media, public or government inquires related to the expenditures of these funds. LIMITATIONS: Nothing in this MOU between the Parties shall be construed as limiting or expanding the statutory or regulatory responsibilities of any involved individual in performing functions granted to them by law;or as requiring eitherentity to expend any sum in excess of its respective appropriation. Each and every provision of this MOU is subject to the laws and regulations of the state of Idaho and of the United States. Nothing in this MOU shall be construed as expanding the liability of the Parties. In the event of a liability claim, each Party shall defend their own interests. No Party shall be required to provide indemnification of the other Parties. EFFECTIVE DATE: This MOU shall become effective upon the most recent signature by authorized representative of the Director, Idaho Transportation Department, and the authorized representative for the Grant Recipient, and will remain in force unless formally terminated by both Parties. METHOD OF AMENDMENT OR TERMINATION: Amendments or requests for termination of this MOU may be proposed in writing at any time by any Party. Amendments will become effective upon signature by all Parties to this MOU and shall be attached to this MOU and made a part thereof. CONFLICTING PROVISION: If any provision of this MOU shall contravene any statute or Constitutional provision or amendment, either now in effect or which may, during the course of this MOU be enacted,then that conflicting provision in the MOU shall be deemed null and void. In the event any provision of this MOU is determined null and void, all remaining provisions shall remain in full force and effect. EFFECTIVE DATE: 4-2-2024 ,2024 IDAHO TRANSPORTATION DEPARTMENT GRANT RECIPIENT D/Y\All . Dan McElhinney,Chief Deputy Dir for Robert E.Simison, Mayor 4-2-2024 Attest: Chris Johnson,City Clerk 4-2-2024 Page 1 2 LINDER OVERPASS AND ROADWAY PROJECT LOCAL TRANSPORTATION PROJECT GRANT APPLICATION Roo jIL IN— STRATEGIC INITIATIVES GRANT PROGRAM s- {,' r .- y - �.. ty�k�.F_�.*s.��v I_ ► I 11� \.fix__ - - -j �� � Am 33 E Broadway Ave., Ste 102 Meridian, ID 83642 I D A H C Phone: (208) 884-5533 www.meridiancity.org/compplan 1. Provide a description of the proposed project. Include the importance and need of the project, the regional benefit, and the overall impact to the local transportation system. In April 2021, Meridian City Council approved a budget allocation of$2.5 million dedicated to building the much-needed Linder Road at 1-84 overpass. In August of 2021,the Ada County Highway District(ACHD) in partnership with City of Meridian and the Idaho Transportation Department (ITD) initiated design of improvements for Linder Road, Franklin Road and Overland Road including the overpass. The current design, which is being completed by Keller Associates, includes an overpass spanning Interstate 84 and widening Linder Road with additional travel lanes and facilities for those that walk, bike, and roll. The design also includes intersection upgrades at Overland Road and Franklin Road, as well as a new pedestrian signal near Peregrine Elementary. The extension of Linder Road over 1-84 will provide greatly improved connectivity between north and south Treasure Valley and afford another route for motorists, bicyclists, and pedestrians within the area. Moreover, by providing this connection it will alleviate growing congestion at the Ten Mile Road and Meridian Road Interchanges as vehicles are able to use this alternate route. This critical transportation improvement would help to improve emergency response times by providing greater connectivity and access in the area and connect nearby neighborhoods to the school in project location. More information can be found on the ACHD project webpage at this link: https://engage.achdidaho.org/tinder-road-overpass-franklin-road-to-overland-road Project Map: NIT - a,;� % PEDESTRIAN HYBRID BEACON PHB TENMILE CREEK PEREGRINE ELEMENTARY SCHOOL . KENNEDY LATERAL if )� PEDESTRIAN HYBRID BEACON - PHB NEW LINDER ��OVERPASS i HARDIN _ DRAIN OVERLAND �. INTERSCTION REBUILD 'y 2. Provide project scope,construction limits and permits,schedule and estimated project cost. Scope includes: • A new four(4) lane 1-84 overpass with pedestrian and bike facilities on both sides to be done in coordination with ITD • Widening Linder Road, Franklin to overpass/1-84 from two to five lanes to be done in coordination with ACHD • Extending Linder Road from Overland to the new overpass/1-84 to be done in coordination with ACHD • Adding multi-use pathways for pedestrians and bicyclists on both sides of the roadway as per the adopted ACHD Bike Master Plan and the 2020 Capital Improvement Plan (CIP) • Installing an enhanced pedestrian crossing on Linder Road near Waltman Street • Replacing bridges over both the Tenmile Creek and Kennedy Lateral • Rebuilding the Linder/Overland intersection for better multi-use pathway connection as well as ADA compliance • Realign west section of Verbena Drive Schedule and Cost: Design Year: 2022-2024 (Funded)$1.8 Million Right-of-Way Year: 2024-2025 (Funded) $5.5 Million Construction Year: 2026$17.5 Million Total Project Cost: $24,800,000 3. Do you have all right-of-way(R/W)for your project? Explain (limit%Z page). Provide documentation of R/W,easements,or commitments. A vast majority of the required right-of-way(R/W) required for this project already exists. However, some additional acquisition will be required to realize the roadway widening portion of this project.The Ada County Highway District has the right-of-way funding is programmed for 2024-2025.Although R/W is scheduled for 2024-2025 ACHD has already started conversations with property owners who are heavily impacted by the project. Right-of-way plans are expected to be delivered in early winter of 2024, at which time ACHD will begin the process of acquiring R/W. Idaho Transportation Department owns the right of way required for their portion of this project,the overpass of 1-84. 4.Are your engineering plans ready to bid or will they be ready within 6 months of grant award? Provide explanation of progress to date,and evidence of current project development(plan set). Engineered plans are being developed at this time, and 99%design will be completed early-2024. Thirty-percent(30%)design plans were completed in the fall of 2022.The initial public involvement meetings were completed in the spring of 2023. The project is advancing through 75%design which was received in August 2023, and a second series of public involvement meetings will occur in the fall of 2023. ROW plans are expected to be delivered in winter of 2024.The 95%design will be delivered after ROW plans are complete. 5. How does the project mitigate the impacts of state highway projects on local roads,OR why is the project economically significant and require the assistance of the Idaho Transportation Department?(limit 1 page) With Meridian serving as a central connection in the County, citizens continue to request more road improvements allowing more efficient north-south travel within the County for all users. Construction of an 1-84 overpass at Linder Road will address significant transportation infrastructure needs in Ada County.The City of Meridian, despite having no dedicated funding source for road improvements, had continued to champion this project for over 15 years. The City of Meridian has a long history of steady growth, averaging a year-over year growth rate of about 6 percent over the past 25 years. Meridian has added over 8,000 new dwelling units in the last 3 years,accounting for over half of the County's growth in the same time.The City has also added over 4.4 million square feet of commercial space in the last three years.As Meridian and the region continue to grow,the transportation network will require expansion. Linder Road Overpass(Linder OP) represents one of three overpasses identified as a priority for the unfunded state system identified in the Community Planning Association of Southwest Idaho's (COMPASS) regional long-range transportation plan, Communities in Motion 2040 2.0. Of those three projects, Linder Road is the only one without an existing overpass.Additionally, COMPASS has provided preliminary modeling information and Ada County Highway District(ACHD) has done a preliminary evaluation for widening of Linder Road from Franklin Road over the Interstate to Overland Road. An extension of Linder Road over 1-84 will provide greatly improved connectivity between north and south Treasure Valley and afford another route for motorists, bicyclists, and pedestrians within the area. Moreover, by providing this connection it will alleviate growing congestion at the Ten Mile Road and Meridian Road Interchanges as vehicles are able to use this alternate route. Having an overpass of 1-84 at Linder will become even more critical in the coming years as Amazon and Federal Express are both building significant distributions centers on Franklin Road between Linder Road and Ten Mile Roads,adjacent to the West Ada School District bus facility and Republic Services' Meridian location with a regional transfer station. Amazon and Federal Express alone are projected to add over 1,700 vehicle trips per day onto the existing system. This overpass will alleviate existing barriers to efficient movement of people,goods,and services; excessive out of direction travel and signal delays for local trips; currently reduced emergency response reliability and services levels;and unnecessary trips on adjacent 1-84 interchanges. Regionally,this bridge will also fill the last gap in the Linder Road corridor and would be the longest unbroken north- south arterial in Ada County, connecting the foothills to the Snake River. Unquestionably, a huge boost for commerce and travel interconnectivity. City leadership has discussed this project with the leadership at ITD, Ada County,ACHD, and West Ada School District and each agency has stated support for this project. 6. Do you have community support for your project?Include unique letters of support from the supporting partners including Local/Rural planning groups, Metropolitan Planning Organizations, law enforcement,fire department, police department,school district, local businesses, etc. (limit 5 single page letters) ACHD received community support from the initial public outreach.There were 2,300 website views and 350 survey responses. 69.3% responded in favor of the project design; (4.3%were unsure of the project design). Further information on the community outreach can be found on the project webpage at this link: https://engage.achdidaho.org/linder-road-overpass-franklin-road-to-overland-road. Further,the City has received tremendous support from stakeholders on the Linder Overpass Task Force.These members have been active on the Task Force and advocating for the Linder Road Overpass realization since the Task Force's inception in May 2021. Name Agency Robert Bennett Republic Services Todd McFarlane Kendall Auto Beau Manwaring Hawkins Co. Lisa Bachman JUB Engineers Sean Evans Meridian Chamber of Commerce Wayne Hammon Associated General Contractors Idaho Dave Reinhart West Ada School District Matt Stoll COMPASS Charlie Roundtree Past City Council Member Brent Moore Ada County Joe Stear Mayor, City of Kuna Doug Hansen City of Kuna Jace Hellman City of Kuna Letters of Support Attached: • Ada County Highway District • West Ada School District • Meridian Police and Fire Department • Meridian Chamber of Commerce Other Attachments: • Linder& 1-84 Overpass 75%design situation and layout (S&L) acceptance from ITD • Linder& 1-84 Overpass 75%design S&L with minor revisions from latest project team meetings • Linder, Franklin to Overland Widening 75%design plans \DAHp * * Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT V, W P.O. Box 7129 • Boise, ID 83707-1129 Your Economic Opportunity N pp y (208) 334-8000 • itd.idaho.gov �9r4TI0N O�QP May 16, 2023 Brian McCarthy Ada County Highway District 3775 Adam Street Garden City, Idaho 83714 Re: Linder Rd. over 1-84 Bridge Situation and Layout Dear Brian: Enclosed is one print each of the Situation and Layout Drawing# 18146,Sheets 1- 10,for the structure on this project. ITD Bridge accepts the Situation and Layout as noted. You may inform the Consultant to proceed with the final design unless other agencies have unresolved comments. If you have any questions, please contact me at 208-334-8547. Sincerely, Shanon Murgoitio, P.E. Bridge Section Enclosure cc: Aaron Bauges, ITD D1 ORIGINAL STORED AT= ITO BRIDGE SECTION-Boise,Idaho O 01 1. 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L �r CL 0 � m m5.7 a 260. o v, N �mR I aR C� "D Fe n G c im tn o %s` L►n : A 12 I I I � s C-)vo CL — A a 0 T m a m I I a A J a oZ o , ' mDw _ m r n 7 N n - m a � z G7 N 7 1+ K 4, O of FT � �O � / )m § # to �,- � 7 �% Lo 110, - *� § § Mx / > 0 tk % } ! o ; , cn • | � � � � a ■� } : § Z . . . | r k o � - § c ! 3 A m CL z # q g ; � 20 0 § } ! Qf { a \ 0� § a r • _ . ||E z � |[ 0 � � � § k .[ § m o ; ;§ cn \ ' y}'� rr�cwweM+w-n..n.0 cwsc�w�w.�cwn r.ko vw.0.v....gym unvwu.a.u h■ a _ s - I I I 3 m M1 I i l _ = Do a - - i •o = i � �� I I wy � rri 0 s P a � r � � \ 2 0 o D = r a o a * z a z = D a 3 r m o = - " m a D � O - 7C — D a r a r I3 z � x � O � asc im K yr, �'y�S= 3 a . O0 ACF� � �� Attachment: Award Letter IpANp * Your Safety • Your Mobility IDAHO TRANSPORTATION DEPARTMENT P.O. Box 7129 • Boise, ID 83707-1129 gym, Pla Your Economic Opportunity (208) 334-8000 • itd.idaho.gov January 9,2024 To: Strategic initiatives Program Local Transportation Grant Program Recipients(48) RE: 2023 Strategic Initiatives Program Local Transportation Grant Program (LTGP)Awards Your application for LTGP funding was approved at the December 13,2023 Idaho Transportation Board Meeting per the attached Board Agenda Item. Thank you for partnering with our MPO Directors and ITD District Engineers beginning July 1,2023,when the application process began.There were 127 applications totaling$293 million in transportation projects submitted by the September 1"due date,showing the significant need statewide for infrastructure improvements with projects ready to start construction within the next two years. The Idaho Transportation Board considered a list of projects in the November and December Board meetings. Of those,48 applications were approved totaling$100 million in grants delivering transportation improvements across Idaho as shown on page 58 of the Board Agenda Item. Please find enclosed a draft Memorandum of Understanding(MOU)outlining the award parameters and reporting responsibilities of each party. Included with the MOU is your approved application outlining the agreed upon project scope of work. During the month of January 2024, ITD Planning Manager Scott Luekenga will initiate the MOU and schedule the distribution of funding or partial funding to help expedite your approved construction project. If you have any questions about the draft MOU, please contact Mr. Luekenga at(208) 334-5087 or scott.luekenga@itd.idaho.gov. Sincerely, e--�A�f/ Dan McElhinney, P.E. Chief Deputy Director/Chief Operations Officer Enc: Board Agenda Item and draft MOU cc: Bill Moad- ITD Board Chairman,Scott Stokes- ITD Director, District Engineers Amy Schroeder- Division Administrator Planning&TECM Program E IDIAN 'aAHO AGENDA ITEM ITEM TOPIC: Memorandum of Agreement between Western Ada Recreation District and City of Meridian for Transfer of Assets C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Emily Kane, Deputy City Attorney Meeting Date: April 2, 2024 Presenter: Bill Nary, City Attorney Estimated Time: 0.5 minutes Topic: Memorandum of Agreement between Western Ada Recreation District and City of Meridian for Transfer of Assets Recommended Council Action: Council please approve and Mayor please sign the MOA (on page 7 only). Background: This Memorandum of Agreement sets forth the method and timeline by which WARD will convey its assets (the Lakeview Municipal Golf Course lease, Meridian Community Swimming Pool, the park on Tammy Street, and personal property) to the City, as well as the respective roles and responsibilities of WARD and the City in that process. Specifically, the MOA provides that at its meeting in August,WARD will approve the conveyance of the Pool and the Park property to City via quitclaim deeds, and the conveyance of all personal property via asset transfer agreement. Copies of these instruments were prepared by the City Attorney's Office, approved by WARD's attorney, and are attached to the MOA. Following City Council approval and the mayor's signature,the City Attorney's Office will submit the documents to the closing agent (First American Title and Escrow Company), who will record them and issue a title insurance policy to the City. Title will vest in the City on October 1, 2024. WARD's lease of Lakeview Municipal Golf Course (and City's License and Management Agreement with WARD for the operation of the golf course) will expire on September 30, 2024. The August 11, 2020 lease agreement states that WARD will terminate its leasehold to City via quitclaim. This quitclaim is also addressed in the MOA, and WARD will sign it at its August meeting, to be effective on October 1, 2024. DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F MEMORANDUM OF AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND CITY OF MERIDIAN FOR TRANSFER OF ASSETS This MEMORANDUM OF AGREEMENT BETWEEN WESTERN ADA RECREATION DISTRICT AND CITY OF MERIDIAN FOR TRANSFER OF ASSETS ("MOA"), is made and entered into this 2nd day of April , 2024 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and the Western Ada Recreation District, a recreation district organized under the laws of the State of Idaho ("WARD") (collectively, "Parties"). WHEREAS,WARD is the owner and steward of these recreational facilities and related holdings (collectively, "Assets"): 1) Real property located at 213 E. Franklin Road, in Meridian, currently developed as a swimming pool, as described in the legal description set forth in Exhibit A ("Pool"), 2) Real property located at 1031 E. Tammy Street, in Meridian, currently developed as a neighborhood park, as described in the legal description set forth in Exhibit B ("Park"), and 3) Personal property owned by WARD for the operation and maintenance of the Pool, the Park, and Lakeview Golf Course (located at 4200 W. Talamore Boulevard, in Meridian, currently owned by City and developed as an 18-hole public golf course, driving range, pro shop, restaurant and related facilities) ("Personal Property"); WHEREAS,WARD seeks to convey the Assets to City; WHEREAS, City intends to gratefully accept the Assets and to use them for the benefit of the Meridian community; and WHEREAS,the Parties seek by this MOA to memorialize the process by which the Assets will be conveyed to City; NOW, THEREFORE,for one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the recitals set forth above, which are hereby incorporated herein, and the mutual promises and covenants herein contained, the Parties agree as follows: I.WARD'S RESPONSIBILITIES A. Convey real property. WARD shall convey to City the Pool and the Park, pursuant to all terms and conditions of this MOA, including the following: 1. Within thirty (30) days after the Effective Date of this MOA, WARD shall deliver to City copies of any and all of the following in WARD's possession: a. Contracts of any kind or nature that will survive the Closing and that relate to the Pool or the Park. b. Leases relating to the Pool or the Park, together with any amendments thereto. c. Licenses, certificates, permits, approvals, conditions or similar items, relating to any portion of the Pool or the Park. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 1 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F 2. From the Effective Date of this MOA to Closing,WARD shall: a. Permit the City to maintain the Pool and the Park in the same condition existing at the time of execution of this MOA, b. Permit the City to continue to operate the Pool and the Park in the manner operated by City at the time of execution of this MOA, c. Not enter into any new leases or licenses relating to the Pool or the Park, other than in the ordinary course of operating same, d. Perform all acts necessary to ensure that the representations,warranties, and covenants made in this MOA shall remain true, complete, and accurate at the time of Closing, and e. Allow the City's authorized representatives to have reasonable access to the Property. 3. By August 30, 2024, WARD's governing board shall approve, and authorize its Board President to sign on behalf of WARD, quitclaim deeds ("deeds) conveying the Pool and the Park from WARD to City, which deeds will be substantially similar to the sample deeds attached hereto as Exhibit C, as Title Company has reviewed and approved such sample deeds as to form. Title conveyed by WARD to City via such deeds shall be marketable and insurable and shall be free and clear of all liens, encumbrances, and restrictions, exclusive of liens, encumbrances, and conditions accepted in writing by City on or before Closing. By August 30, 2024, WARD shall also issue to City an invoice for $1.00 for the real property, which City shall pay within thirty(30) days of receipt. 4. By September 6, 2024, WARD shall deliver to City the signed deeds and any other documents necessary to effectuate the transfer of title to the Pool and the Park to City as contemplated by this MOA. 5. Except as otherwise agreed in writing by the Parties, through midnight of the date of Closing, WARD shall pay all indebtedness, obligations, and liabilities WARD may incur in connection with the Pool and the Park. 6. At Closing, WARD shall grant title to the Pool and the Park by two (2) separate deeds. 7. At Closing,WARD shall deliver to the City actual possession of the Pool and the Park. B. Convey Personal Property. By August 30, 2024, WARD's governing board shall approve, and authorize its Board President to sign on behalf of WARD, an agreement to transfer ownership of WARD's Personal Property to City, which agreement shall be substantially similar to the sample agreement attached hereto as Exhibit D. Such agreement shall have an effective date of September 30, 2024. By August 30, 2024, WARD shall also issue to City an invoice for$1.00 for the personal property, which City shall pay within thirty(30) days of receipt. II.CITY'S RESPONSIBILITIES. A. Accept real property. At Closing, City shall accept WARD's conveyance of the Pool and the Park, pursuant to all terms and conditions of this MOA, and following Closing, shall take possession of the Pool and the Park. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 2 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F B. Use of real property. Following the Closing, City shall use and operate the Pool and Park to provide recreation facilities for public use. C. Title insurance. 1. Within thirty(30) days of execution of this MOA, City shall order a Commitment for Title Insurance ("Commitment"') issued by First American Title and Escrow Company ("Title Company")covering the Pool and the Park.Notwithstanding the foregoing,the Parties may mutually agree, in writing, to utilize a different title company without amending this Agreement. If any exceptions shown on the Commitment are not approved in writing by City before Closing and cannot be removed by WARD by Closing,then City may terminate this MOA, and each party shall be fully released and discharged from any further obligations under this MOA. 2. City will obtain market value valuations of the Pool and the Park as City deems necessary. 3. At Closing, City may purchase a title insurance policy ("Owner's Policy") at City's sole expense in the insured amount of the market value of the Pool and the Park. City may, at its option, require an endorsement deleting certain general exceptions to same. D. Recordation. City shall record the deeds, at City's cost. E. Personal property agreement. By August 30, 2024, following receipt of the agreement transferring the Personal Property signed by WARD's Board President, Meridian City Council shall approve the agreement, and authorize the Mayor to sign on behalf of City. The execution of the agreement shall signify City's acceptance of the Personal Property, and the transfer of ownership of same from WARD to City, as of the effective date of such agreement. III.CLOSING. A. Closing defined.For purposes of this MOA, "Closing" shall be defined as City's receipt of the Owner's Policy from First American Title and Escrow Company or other title company selected by City, and recording of the deeds executed by WARD. The Closing date shall be September 30, 2024, or such other date as may be mutually agreed between the Parties. B. Conditions Precedent to Closing. The obligations of City under this Agreement are, at City's sole option, subject to the satisfaction of the following conditions: 1. WARD's representations and warranties are true, complete, and accurate as of the date of this MOA and as of the date of Closing. 2. WARD and City have performed all obligations, covenants, and agreements to be performed before Closing as set forth in this MOA. 3. The Title Company is prepared to issue an Owner's Policy in accordance with the provisions of section II.C.3 of this MOA. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 3 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F 4. WARD has executed and delivered to City the signed, notarized deeds and any other documents necessary to effectuate the transfer of title to the Pool and the Park as contemplated by this MOA. C. Certifications of WARD.WARD hereby certifies that, except as may be disclosed in writing to City before Closing: 1. To WARD's knowledge, WARD is not required to obtain the approval or consent of any person, firm, or other entity to permit WARD to consummate the transactions contemplated by this MOA. 2. To WARD's knowledge, WARD owns and possesses all rights, title, and interest in and to the Pool and the Park. 3. There is no equitable, legal, or administrative suit, action, arbitration, or other proceeding pending or threatened against or affecting WARD, the Pool, or the Park. D. Certifications of City. City hereby certifies that, except as may be disclosed in writing to WARD before Closing: 1. To City's knowledge, City is not required to obtain the approval or consent of any person, firm, or other entity to permit City to consummate the transactions contemplated by this MOA. 2. Upon Closing, City acknowledges that it has made its own inspection of the Pool, Park and Personal Property and is acquiring the same in "As-Is Condition" and that WARD has not made any representations or warranties as to the condition or use of same other than as set forth in this MOA. IV.GENERAL PROVISIONS. A. Notice. All other notices required to be given by either of the Parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to WARD: City Clerk Shaun Wardle, Board President City of Meridian Western Ada Recreation District 33 E. Broadway Avenue P.O. Box 566 Meridian, Idaho 83642 Meridian, Idaho 83680 B. Term. This MOA shall be effective upon the Effective Date and shall expire at Closing, unless earlier extended or terminated as set forth herein. C. Assignment. Neither party shall assign or sublet all or any portion of its respective interest in this MOA or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of the other party. This MOA and each and all of the terms and MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 4 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F conditions hereof shall apply to and are binding upon the respective organizations, legal representative, successors, and assigns of the Parties. D. No agency. For purposes of or in furtherance of this MOA, neither party nor its respective employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of the other in any manner or for any purpose whatsoever. F. Liability. Each party shall be solely liable for the actions and/or inactions, including errors, omissions, and/or negligence of its own employees. Neither party shall bear any responsibility or liability for the errors, omissions, and/or negligence of the other. G. Compliance with laws. In performing the scope of services required hereunder, City and WARD shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. H. Termination. 1. Grounds. Grounds for termination of this MOA shall include, but shall not be limited to: non-appropriation of funds necessary to meet either party's obligations under this MOA; an act or omission by either party which materially breaches any term of this MOA; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this MOA by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this MOA by providing thirty(30) days' notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A fourteen (14) day cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this MOA may be terminated upon mailing of notice of termination. I. Construction and severability. If any part of this MOA is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this MOA so long as the remainder of the MOA is reasonably capable of completion. J. Time of the essence. The Parties acknowledge obligations under this MOA shall be fulfilled in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this MOA, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this MOA by the party so failing to perform. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 5 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F K. Third-party beneficiaries. This MOA is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. L. Counterparts. This MOA may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. M. Survival of representations, warranties, and covenants. All representations, warranties, and covenants of the Parties set forth in this MOA shall survive the Closing and shall survive the recording of the deeds. N. No limitation. Nothing in this MOA or any other agreement shall prevent or limit City from alienating or making any improvements or changes to the Assets or any component thereof following Closing, whether temporarily or permanently, as may be deemed by City to further the public interest, health, safety, and/or welfare. O. Authority. The Parties certify that the execution, delivery, and consummation of this MOA has been duly approved in accordance with applicable laws and any documents or instruments governing the respective Parties, and that the execution, delivery, and consummation of this MOA will not, with the passage of time, the giving of notice, or otherwise, cause either Party to be in violation or breach of any law, regulation, contract, agreement, or other restriction to or by which the Party or the Assets are subject or bound. P. Approval required. This MOA shall not become effective or binding until approved by the respective governing bodies of both City and WARD. The Parties signatory hereto represent and warrant that each is duly authorized to bind, respectively, City and WARD to this MOA in all respects. Q. WARD President. WARD hereby authorizes its board president to sign, on behalf of WARD, this MOA, the deeds, and any other any other agreement(s) necessary to effectuate the transfer of the Pool and the Park to City, with or without an additional meeting of the WARD governing board specifically authorizing such signature(s). R. Operational agreements remain in effect. Notwithstanding the execution of this MOA, other existing agreements between the Parties shall remain in full force and effect, under the respective terms set forth therein, until Closing, at which time such agreements shall expire and be of no further force and effect. Such agreements include: 1. License and Management Agreement Between Western Ada Recreation District and the City of Meridian for Maintenance and Operation of Lakeview Golf Course, dated August 11, 2020, as amended by the First Amendment thereto, dated February 8, 2022. 2. License and Management Agreement Between Western Ada Recreation District and the City of Meridian for Maintenance and Operation of Meridian Community Pool and Park at Settlers Village Subdivision, dated February 8, 2022. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 6 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F 3. Cooperative Agreement between Western Ada Recreation District and the City of Meridian for Financial Contribution to Support Licensed Recreational Activities, dated December 12, 2023. S. Lease cancelled upon Closing. The Assignment of Lease and Amended Lease Agreement for the Provision of Golf Course Operations at City of Meridian's Municipal Golf Course, originally executed by City, Lakeview Meridian Investors LLC, and Boise Ranch Golf Course, Inc. on May 17, 2005, was assigned to WARD via Assignment of Lease and Leasehold Improvements, executed by Lakeview Meridian Investors LLC and WARD on November 6, 2020 ("Lease"). Upon Closing, the Lease shall be canceled, whether or not any of the Events of Default enumerated in section 9.J thereof have occurred. WARD hereby waives the notice and hearing rights afforded to WARD by section 9.I of the Lease for the limited purpose of effectuating cancellation of the Lease upon Closing. Prior to Closing, WARD shall deliver an executed quitclaim deed to City concerning WARD's leasehold interest in the Lakeview Golf Course, and City shall record said quitclaim deed upon Closing. WARD's governing board hereby authorizes its Board President to execute said quitclaim deed, which shall be substantially similar to the quitclaim deed attached hereto as Exhibit E. T. Entire agreement regarding transfer of assets. This MOA contains the entire agreement of the Parties with regard to the transfer of the Assets from WARD to City, and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. IN WITNESS WHEREOF,the Parties shall cause this MOA to be executed by their duly authorized officers to be effective as of the day and year first above written. WESTERN ADA RECREATION DISTRICT: E 'D,ocu,S,ignad/Ib1A1y'': �""w"'�v V vrik Cj Qy4AA8309haun Wardle, Board President CITY OF MERIDIAN: BY: Robert E. Simison, Mayor 4-2-2024 Attest: Chris Johnson, City Clerk 4-2-2024 MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 7 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F EXHIBIT A LEGAL DESCRIPTION OF POOL MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 8 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F The Land referred to herein below is situated in the County of Ada, State of Idaho, and is described as follows: A parcel of land, as shown on the Record of Survey No. 8737, on file under Instrument No.110021878 in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., R.IE., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast comer of Government Lot 1 of said Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence along the East line of said Government Lot 1 South 00040'03" West 414.24 feet to the POINT OF BEGINNING, marked by an iron pin; thence continuing South 00°40'03" West 247.34 feet to a point, marked by an iron pin; thence North 520ITI1" West 450.67 feet to a point, marked by an iron pin; thence North 00040'03" East 11.43 feet to a point, marked by an iron pin; thence North 870 14'16" East 173.69 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the left 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48021'47", and a long chord bearing North 63°03'22" East 54.07 feet to a point, marked by an iron pin; thence North 38°52'29" East 44.52 feet to a point, marked by an iron pin; thence South 51°07'31" East 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 16.49 feet to a point, marked by an iron pin; thence South 51°52'37" East 133.04 feet to the POINT OF BEGINNING. APN: S 1118223084 MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 9 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F EXHIBIT B LEGAL DESCRIPTION OF PARK MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 10 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F The Land referred to herein below is situated in the County of Ada, State of Idaho, and is described as follows: Lot 14 in Block 2 of SETTLERS VILLAGE, a re-plat of the original Settlers Plat as vacated by the City of Meridian in April, 1981, according to the plat thereof, filed in Book 51 of Plats at Pages 4206 through 4209; and Amended by an Affidavit recorded August 3, 1984 as Instrument No. 8438997 and Affidavit recorded December 18, 2007 as Instrument No. 107166403, Records of Ada County, Idaho. APN: R7813770510 MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 11 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F EXHIBIT C SAMPLE QUITCLAIM DEEDS MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 12 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: MERIDIAN CITY CLERK 33 E.Broadway Avenue Meridian,Idaho 83642 QUITCLAIM DEED For value received, the Western Ada Recreation District, a recreation district organized under the laws of the State of Idaho ("Grantor"), does hereby grant, bargain, sell, and convey unto the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose current address is 33 E. Broadway Avenue, Meridian, Idaho ("Grantee"), and its successors and assigns forever, the following described premises, in Ada County, Idaho, to wit: See attached Exhibit 1. To have and to hold the said premises, together with all buildings, structures, improvements, fixtures, and appurtenances thereto, and any and all estate, right, title, interest, appurtenances, tenements, hereditaments,reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the real property herein described, unto the said Grantee, its heirs and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this instrument on this day of , 2024. GRANTOR: STATE OF IDAHO ) WESTERN ADA RECREATION ) ss: DISTRICT County of ) This record was acknowledged before me on the_day of ,2024,by Shaun Wardle,on behalf of the Western Ada Recreation District,in his capacity as Board Shaun Wardle, Board President President. Notary Public for Idaho Residing at Idaho My Commission Expires: MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 13 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F EXHIBIT 1 The Land referred to herein below is situated in the County of Ada, State of Idaho, and is described as follows: A parcel of land, as shown on the Record of Survey No. 8737, on file under Instrument No.110021878 in the Office of the Recorder for Ada County, Idaho, lying in the Northwest 1/4 of Section 18, T.3N., R.IE., B.M., Meridian, Ada County, Idaho, and more particularly described as follows: COMMENCING at the North 1/4 corner of said Section 18, marked by a brass cap; thence along the North line of said Section 18 South 89°20'05" West 1309.06 feet to the Northeast comer of Government Lot 1 of said Northwest 1/4 of Section 18 as shown on Record of Survey No. 2017 on file under Instrument No. 9168335 in the Office of the Recorder for Ada County, Idaho; thence along the East line of said Government Lot 1 South 00°40'03" West 414.24 feet to the POINT OF BEGINNING, marked by an iron pin; thence continuing South 00°40'03" West 247.34 feet to a point, marked by an iron pin; thence North 520ITI1" West 450.67 feet to a point, marked by an iron pin; thence North 00°40'03" East 11.43 feet to a point, marked by an iron pin; thence North 87°14'16" East 173.69 feet to a point of curve, marked by an iron pin; thence along the arc of a curve to the left 55.71 feet, said curve having a radius of 66.00 feet, a central angle of 48021'47", and a long chord bearing North 63°03'22" East 54.07 feet to a point, marked by an iron pin; thence North 38°52'29" East 44.52 feet to a point, marked by an iron pin; thence South 51°07'31" East 19.67 feet to a point, marked by an iron pin; thence South 38°52'29" West 16.49 feet to a point, marked by an iron pin; thence South 51°52'37" East 133.04 feet to the POINT OF BEGINNING. APN: S 1118223084 MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 14 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: MERIDIAN CITY CLERK 33 E.Broadway Avenue Meridian,Idaho 83642 QUITCLAIM DEED For value received, the Western Ada Recreation District, a recreation district organized under the laws of the State of Idaho ("Grantor"), does hereby grant, bargain, sell, and convey to the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("Grantee"), and its successors and assigns forever, the following described premises, in Ada County, Idaho, to wit: Lot 14 in Block 2 of SETTLERS VILLAGE, a re-plat of the original Settlers Plat as vacated by the City of Meridian in April, 1981, according to the plat thereof, filed in Book 51 of Plats at Pages 4206 through 4209; and Amended by an Affidavit recorded August 3, 1984 as Instrument No. 8438997 and Affidavit recorded December 18, 2007 as Instrument No. 107166403, Records of Ada County, Idaho. To have and to hold the said premises, together with all buildings, structures, improvements, fixtures, and appurtenances thereto, and any and all estate, right, title, interest, appurtenances, tenements, hereditaments,reversions, remainders, easements, rents, issues, profits, rights-of-way and water rights in anywise appertaining to the real property herein described, unto the said Grantee, its heirs and assigns forever. IN WITNESS WHEREOF, the Grantor has executed this instrument on this day of , 2024. GRANTOR: STATE OF IDAHO ) WESTERN ADA RECREATION ) ss: DISTRICT County of ) This record was acknowledged before me on the_day of ,2024,by Shaun Wardle,on behalf of the Western Ada Recreation District,in his capacity as Board President. Shaun Wardle, Board President Notary Public for Idaho Residing at Idaho My Commission Expires: MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 15 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F EXHIBIT D SAMPLE PERSONAL PROPERTY AGREEMENT MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 16 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F AGREEMENT FOR TRANSFER OF PERSONAL PROPERTY This AGREEMENT FOR TRANSFER OF PERSONAL PROPERTY ("Agreement") is made this 2nd day of April , 2024 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and the Western Ada Recreation District, a recreation district organized under the laws of the State of Idaho ("WARD") (collectively, "Parties"). WHEREAS,WARD is the owner of personal property used for the operation and maintenance of the Community Swimming Pool located at 213 E. Franklin Road, in Meridian, a neighborhood park located at 1031 E. Tammy Street, in Meridian, and Lakeview Golf Course, located at 4200 W. Talamore Boulevard, in Meridian ("Personal Property"); and, WHEREAS,pursuant to the Memorandum of Agreement between Western Ada Recreation District and City of Meridian for Transfer of Assets entered into by the Parties ("MOA"), by this Agreement WARD seeks to convey the Personal Property to City; and WHEREAS,by this Agreement City gratefully accepts the Personal Property and agrees to use the same for the benefit of the Meridian community; NOW, THEREFORE,for one dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the recitals set forth above, which are hereby incorporated herein, and the mutual promises and covenants herein contained, the Parties agree as follows: I.WARD's CONVEYANCE. A. Convey Personal Property. As of Closing, as such term is defined in the MOA, WARD hereby conveys to City any and all Personal Property used for the operation and maintenance of the Properties. B. Certifications.WARD hereby certifies that: 1. To WARD's knowledge, WARD is not required to obtain the approval or consent of any person, firm, or other entity to permit WARD to consummate the transactions contemplated by this Agreement. 2. WARD owns and possesses all rights, title, and interest in and to the Personal Property. 3. There is no equitable, legal, or administrative suit, action, arbitration, or other proceeding pending or threatened against or affecting WARD or the Personal Property. C. Certifications of City. City hereby certifies that, except as may be disclosed in writing to WARD before Closing: 1. To City's knowledge, City is not required to obtain the approval or consent of any person, firm, or other entity to permit City to consummate the transactions contemplated by this Agreement. 2. Upon Closing, City acknowledges that it has made its own inspection of the Personal Property and is acquiring the same in "As-Is Condition" and that WARD has not made any representations or warranties as to the condition or use of same other than as set forth in this Agreement. MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 17 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F II. CITY'S ACCEPTANCE. As of Closing, as such term is defined in the MOA, City shall accept WARD's conveyance of the Personal Property, pursuant to all terms and conditions of this Agreement, and shall take ownership and possession of the Personal Property upon Closing. Following the Closing, City shall use and operate the Personal Property in the course of providing recreation facilities for public use. III.GENERAL PROVISIONS. A. Notice. All other notices required to be given by either of the Parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: If to City: If to WARD: City Clerk Shaun Wardle, Board President City of Meridian Western Ada Recreation District 33 E. Broadway Avenue P.O. Box 566 Meridian, Idaho 83642 Meridian, Idaho 83680 B. Term. This Agreement shall be effective upon the Effective Date and shall expire upon Closing, as such term is defined in the MOA, unless earlier extended or terminated as set forth herein. C. Assignment. Neither party shall assign or sublet all or any portion of its respective interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of the other party. 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. D. No agency. For purposes of or in furtherance of this Agreement, neither party nor its respective employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of the other in any manner or for any purpose whatsoever. E. Liability. Each party shall be solely liable for the actions and/or inactions, including errors, omissions, and/or negligence of its own employees. Neither party shall bear any responsibility or liability for the errors, omissions, and/or negligence of the other. F. Compliance with laws. In performing the scope of services required hereunder, City and WARD shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. This Agreement shall be governed by and construed in accordance with the statutes and constitution of the State of Idaho, including, without limitation, Article VIII, Section 3, of the Idaho Constitution. G. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: non-appropriation of funds necessary to meet either party's obligations under this Agreement; an act or omission by either party which materially breaches any term of MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 18 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2C0E3F53621 F this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing thirty (30) days' notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A fourteen (14) day cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon mailing of notice of termination. H. 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. I. Time of the essence. The Parties acknowledge obligations under this Agreement shall be fulfilled in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. J. Third-party beneficiaries. This Agreement is not intended to create, nor shall it in any way be interpreted or construed to create, any third-party beneficiary rights in any person or entity not a party hereto. K. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. L. No limitation. Nothing in this Agreement or any other agreement shall prevent or limit City, when City owns the Personal Property, from alienating or making any improvements or changes to the Personal Property or any component thereof, whether temporarily or permanently, as may be deemed by City to further the public interest, health, safety, and/or welfare. M. Authority. The Parties certify that the execution, delivery, and consummation of this Agreement has been duly approved in accordance with applicable laws and any documents or instruments governing the respective Parties, and that the execution, delivery, and consummation of this Agreement will not, with the passage of time, the giving of notice, or otherwise, cause either Party to be in violation or breach of any law, regulation, contract, agreement, or other restriction to or by which the Party or the personal property conveyed by this Agreement are subject or bound. N. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and WARD. The Parties signatory hereto MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 19 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F represent and warrant that each is duly authorized to bind, respectively, City and WARD 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. WESTERN ADA RECREATION DISTRICT: C' D'ocu,S,ign a d/b1Ay': J" I arj& c Vft3WIIardle, Board President CITY OF MERIDIAN: Robert E. Simison, Mayor 4-2-2024 Attest: Chris Johnson, City Clerk 4-2-2024 MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 20 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F EXHIBIT E QUITCLAIM DEED MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 21 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F RECORDING REQUESTED BYAND WHEN RECORDED RETURN TO: MERIDIAN CITY CLERK 33 E.Broadway Avenue Meridian,Idaho 83642 QUITCLAIM DEED For value received, the Western Ada Recreation District, a recreation district organized under the laws of the State of Idaho ("Grantor"), does hereby convey, release, remise and forever quitclaim unto the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose current address is 33 E. Broadway Avenue, Meridian, Idaho ("Grantee"), and its successors and assigns forever, the following described premises, in Ada County, Idaho, to wit: See attached Exhibit 1: Lakeview Golf Course And including, but not limited to, Grantor's leasehold interest in said premises, if any (collectively, "Property"). To have and to hold the said Property, unto the said Grantee, and Grantee's heirs and assigns, forever. IN WITNESS WHEREOF, the Grantor has executed this instrument on this day of , 2024. GRANTOR: STATE OF IDAHO ) WESTERN ADA RECREATION ) ss: DISTRICT County of ) This record was acknowledged before me on the_day of ,2024,by Shaun Wardle,on behalf of the Western Ada Recreation District,in his capacity as Board Shaun Wardle, Board President President. Notary Public for Idaho Residing at Idaho My Commission Expires: MEMORANDUM OF AGREEMENT BETWEEN CITY AND WARD FOR TRANSFER OF ASSETS PAGE 22 DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F EXHIBIT 1 LEGAL DESCRIPTION OF REAL PROPERTY Parcel i A parcel of land being a portion of the West half Section 3,Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Southeast corner of the Northeast Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian,Meridian,Ada County Idaho; thence along the Southerly boundary of said Northeast Quarter of Section 3 North 88°55'29"West 2643.29 feet to a brass cap marking the Southwest comer of the Northeast Quarter; thence leaving said Southerly boundary North 75130'00" West 190.00 feet to a 2" iron pipe; thence North 40°00'00" West 40.00 feet to an iron pin; thence South 75°59'31" West 70.00 feet to an iron pin; thence South 25°00'00" West 64.19 feet to an iron pin; thence North 89°25'06" West 254.51 feet to a point, said point also being the REAL POINT OF BEGINNING; thence continuing North 89125'06" West 100.01 feet to a point; thence South 00'30'11" West 407.92 feet to a point; thence South 68154'11" East 276.46 feet to a point marking a point of curve; thence along a curve to the right 59.46 feet, said curve having a central angle of 34°04'10", a radius of 100.00 feet, tangents of 30.64 feet and a long chord of 58.59 feet bearing South 51°52'06" East to a point marking a point of tangents; thence South 34°50'01" East 292.99 feet to a point;thence South 89°48'41" East 147.34 feet to a point; thence North 35°00'00" West 109.03 feet to a point; thence North 51°45'00" West 580.00 feet to a point; thence North 00°29'44" East 335.18 feet to the POINT OF BEGINNING. Parcel lI A parcel of land lying in portions of the South half of the North half and the North half of the South half of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a point marking the Northwest comer of the said North half of the South half of Section 3;thence South 89°25'06" East 2,077,73 feet along the Northerly boundary of the said North half of the South half of Section 3 to a point also said point being the REAL POINT OF BEGINNING; thence South 0029'44" West 335.18 feet to a point;thence South 51045'00" East 580.00 feet to a point; thence South 35100'00" East 285.33 feet to a point; thence South 220 15'00" West 60.05 feet to a point;thence DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F South 43°58'10" East 238.75 feet to a point; thence South 29°00'00" East 110.00 feet to a point; thence North 61°00'00" East 81.19 feet to a point of curve; thence Northeasterly along a curve to the left 147.14 feet, said curve having a central angle of 48°10'28", a radius of 175.00 feet, tangents of 78.23 feet and a long chord of 142.84 feet bearing North 36°54'46" East to a point of ending of curve; thence North 56°30'00" West 151.38 feet to a point; thence North 41°30'00" West 203.92 feet to a point; thence North 17'15'00" West 94.14 feet to a point;thence North 22'15'00" East 147.00 feet to a point; thence North 65°50'00" East 45.00 feet to a point; thence South 87120'00" East 78.40 feet to a point; thence South 68°00'00" East 61.48 feet to a point; thence South 71°33'25" East 88.05 feet to a point; thence South 60°00'00" East 108.33 feet to a point of beginning of curve; thence Northeasterly along a curve to the right 139.32 feet, said curve having a central angle of 25°35'19", a radius of 311.95 feet, tangents of 70.84 feet and along chord of 138.16 feet bearing North 56°12'20" East to a point of tangent; thence North 69°00'00" East 115.08 feet to a point of curve;thence Northeasterly along a curve to the left 125,75 feet, said curve having a central angle of 24°25'22", a radius of 295.00 feet, tangents of 63.84 feet and a long chord of 124.80 feet bearing North 56*47'19" East to a point of ending of curve; thence North 44°00'00" West 79.63 feet to a point; thence North 67°45'00" West 160.00 feet to a point; thence South 65150'00" West 244.67 feet to a point; thence North 50°30'00" West 114.35 feet to a point; thence North 44100'00" East 90.00 feet to a point; thence North 17°00'00" West 175.00 feet to a point; thence North 12°00'00" East 280.00 feet to a point; thence North 77°30'00" West 170.00 feet to a point;thence South 68°00'00" West 265.00 feet to a point marking the Northeast corner of the Southwest Quarter of the said Section 3; thence North 75°30'00" West 190.00 feet to a point; thence North 40000'00" West 40.00 feet to a point; thence South 75°59'31" West 70.00 feet to a point;thence South 25°00'00" West 64.19 feet to a point on the said Northerly boundary of the North half of the South half of Section 3; thence North 89°25'06" West 254.51 feet along the said Northerly boundary of the North half of the South half of Section 3 to the POINT OF BEGINNING. EXCEPT that portion lying within the following subdivisions: Cherry Lane Village No. 1 Subdivision, according to the plat thereof, filed in Book 44 of Plats at Pages 3537 and 3538,records of Ada County, Idaho; Cherry Lane Village No, 2 Subdivision, according to the plat thereof, filed in Book 46 of Plats at Pages 3791 and 3792,records of Ada County,Idaho; The Lake at Cherry Lane, according to the plat thereof filed in Book 52 of Plats at Pages 4569 and 4570, records of Ada County, Idaho; The Lake at Cherry Lane No. 2,according to the plat thereof filed in Book 54 of Plats at Pages 4882 and 4883,records of Ada County, Idaho; DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F The Lake at Cherry Lane No. 4 Subdivision, according to the plat thereof, filed in Book 74 of Plats at Pages 7674 and 7675,records of Ada County,Idaho. Parcel I11-A A portion of the West half of Section 3,Township 3 North,Range 1 West,Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0°3 8'11"East 2651.19 feet to the quarter corner common to said Sections 3 and 4 as same was reestablished by LS 972(CP&F Instrument No. 7852146,records of Ada County,Idaho);from which the Northwest corner of said Section 3 bears North 0°38'27" East 2697.49 feet;thence North 0°38'27" East 22.64 feet to a 5/8" iron pin;thence South 88°55'31" East 379.53 feet to the REAL POINT OF BEGINNING; thence continuing South 88155'31"East 182.65 feet to a point; thence South 8°18'10" East 440.66 feet to a point; thence South 16'18'25" West 218.04 feet to a point; thence North 89°13'51" East 540.22 feet to a point; thence North 71°4334" East 442.46 feet to a point; thence North 10°33'50" East 487.84 feet to a point; thence South 88°55'31"East 124.84 feet to a point; thence South 50°38'25" East 89.99 feet to a point; thence 165.33 feet along the arc of a curve to the right, having a radius of 250.25 feet, a central angle of 37°51'08", and a long chord bearing South 31°42'52" East 162.34 feet to a point; thence North 89°29'44" West 120.24 feet to a point; thence South 4°27'17"East 80.30 feet to a point;thence South 0°30'16" West 230.52 feet to a point; thence South 10°31'20" West 123.51 feet to a point; thence South 30°14'07" West 119.57 feet to a point; thence South 50°50'29" West 134.39 feet to a point; thence South 71°28'48" West 120.64 feet to a point; thence South 82°45'52" West 225.84 feet to a point; thence South 89°02'57" West 67.30 feet to a point; thence North 89110'41" West 825.06 feet to a point; thence North 77°29'20" West 148.07 feet to a point;thence North 89010'41" West 160.40 feet to a point lying 65.00 feet East of the West boundary of said Section 3; thence along a line 65.00 feet East of and parallel to the West boundary of said Section 3 North 0°38'11" East 247.64 feet to a point, thence South 89021'49" East 156.03 feet to a point; thence North 45°03'16" East 163.61 feet to a point; thence North 5039'31" East 502.42 feet to the POINT OF BEGINNING. DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F Parcel III-B A portion of the West half of Section 3,Township 3 North,Range 1 West, Boise Meridian, Meridian, Ada County,Idaho,more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0*38'11"East 2651.19 feet to the quarter comer common to said Sections 3 and 4 as same was reestablished by LS 972 (CP &F Instrument No. 7852146,records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0°38'27" East 2697.49 feet; thence North 0°38'27"East 22.64 feet to a 5/8"iron pin; thence South 88°56'31" East 1977.72 feet to a 5/8" iron pin and the REAL POINT OF BEGINNING; thence South 0°30'15" West 413.59 feet to a point; thence North 68054'11"West 26.71 feet to a point; thence North 0030'15"East 217.93 feet to a point;thence 211.88 feet along the arc of a curve to the left, having a radius of 249.75 feet, a central angle of 48036'25" and a long chord bearing North 23047'57" West 205.58 feet to a point;thence South 88055'31" East 109.62 feet to the POINT OF BEGINNING. Parcel IV-A A portion of the Southwest Quarter of the Northwest Quarter of Section 3, Township 3 North, Range I West; Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0*38'11"East, 2651.19 feet to the quarter corner common to said Section 3 and 4 as same was reestablished by LS 972(CP&F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0°38'27" East, 2697.49 feet; thence North 0°38'27" East 22.64 feet to a 5/8"iron pin;thence South 88°55'31" East,379.53 feet to the REAL POINT OF BEGINNING; thence North 5°39'31" East,290.28 feet to a point; thence 46.45 feet along the arc of a nontangent curve to the right, having a radius of 250.00 feet, a central angle of 10*38'46", and a long chord bearing South 49°22'43" East, 46.39 feet to a point;thence South 44°03'20" East, 136.41 feet to a point; thence South 8018'10"East, 165.80 feet to a point;thence North 88°55'31" West, 182.65 feet to the POINT OF BEGINNING. Parcel IV-B A portion of Government Lot 4 and the Southwest Quarter of the Northwest Quarter of Section 3, Township 3 North,Range 1 West Boise Meridian,Meridian,Ada County,Idaho more particularly described as follows: DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0*38'11" East, 2651.19 feet to the quarter corner common to said Section 3 and 4 as same was reestablished by LS 972 (CP& F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0°38'27" East, 2697.49 feet; thence North 0°38'27"East 22.64 feet to a 5/8"iron pin;thence South 88°55'31"East,834.71 feet to a point;thence North 1°04'29" East, 77.45 feet to the REAL POINT OF BEGINNING; thence 199.31 feet along the arc of curve to the right having a radius of 270.00 feet,a central angle of 42117'41"and a long chord bearing North 65°12'11" West, 194.81 feet to a point; thence North 44°03'20" West, 198.06 feet to a point; thence North 37°38'05" East, 125.90 feet to a point; thence North 4°26'20" West, 178.94 feet to a point; thence North 49°13'43" West, 619.18 feet to a point; thence North 89°21'33" West, 39.72 feet to a point; thence North 0°38'27" East, 178.61 feet to a point; thence South 89°21'33" East, 104.94 feet to a point; thence North 26°46'55" East, 463.73 feet to a point; thence North 13°05'08" East, 186.18 feet to a point; thence South 89°23'04" East, 221.37 feet to a point; thence South 0°36'56" West, 30.00 feet to a point; thence North 89°23'04" West, 114.43 feet to a point; thence South 10*38'11" West, 162,48 feet to a point; thence South 5°36'09" East, 160.95 feet to a point; thence South 48°58'55" West, 66.41 feet to a point; thence South 10°49'04" West, 123.62 feet to a point; thence South 12°00'00" East, 85.00 feet to a point; thence South 53°26'21" East, 142.60 feet to a point; thence South 6°51'51" West, 151.05 feet to a point; thence South 41°14'14" East, 171.06 feet to a point; thence South 89°12'26" East, 122.33 feet to a point; thence South 43°03'05" East, 60.00 feet to a point;thence South 0°36'15" West, 671.50 feet to the POINT OF BEGINNING. Parcel IV-C A portion of the Northwest Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian,Ada County, Idaho, more particularly described as follows; Commencing at the corner common to Sections 4, 9, 10 and the said Section 3; thence North 0*38'11"East, 2651,19 feet to the quarter corner common to said Sections 3 and 4 as same was reestablished by LS 972(CP&F Instrument No. 7852146,records of Ada County, Idaho); from which the Northwest comer of said Section 3 bears North 0°38'27" East, 2697.49 feet; thence North 0°3827" East 22.64 feet to a 5/8' iron pin; thence South 88°55'31"East, 1784.61 feet to a point; thence North 1°04'29" East, 303.15 feet to the REAL POINT OF BEGINNING; thence North 66°28'40" West, 157.70 feet to a point; thence DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F North 56°56'39" West, 717.37 feet to a point; thence North 89°23'44" West, 36.12 feet to a point; thence North 0°36'28" East, 5.00 feet to a point; thence 154.59 feet along the arc of a nontangent curve to the left, having a radius of 225.00 feet,a central angle of 39°22'00",and a long chord bearing North 19°04'45" West, 151.57 feet to a point; thence North 38°45'45" West, 39.00 feet to a point; thence North 51°14'15" East, 110.00 feet to a point; thence North 26'11'31" West, 134.78 feet to a point; thence North 4104'20" West, 277.45 feet to a point; thence North 31°46'35" West, 241.56 feet to a point; thence North 0°36'56" East, 132.59 feet to a point; thence North 89°23'04" West, 110.00 feet to a point; thence North 0°36'56"East,30.00 feet to a point;thence South 89°23'04" East, 175.94 feet to a point; thence South 78105'29" East, 71.13 feet to a point; thence South 63°13'16" East, 65.34 feet to a point; thence South 56°28'32" East, 79.07 feet to a point; thence South 53°15'09" East, 86.07 feet to a point, thence South 42131'18" East, 70.53 feet to a point; thence South 35°28'22" East, 77.08 feet to a point; thence South 5°49'06" East, 249.89 feet to a point; thence South 8116'07" East, 125.42 feet to a point; thence South 13°56'20" East, 266.06 feet to a point; thence South 42043129" East, 283.07 feet to a point; thence North 61°49'13" East, 165.37 feet to a point; thence North 11°00'42" West, 399.24 feet to a point; thence South 891 18'49" East, 398.40 feet to a point; thence South 79°02'15" East, 61.16 feet to a point; thence South 60040'15" East, 164.39 feet to a point; thence South 850 10'18" East, 136.30 feet to a point; thence South 0°30'15" West, 235.93 feet to a point;thence North 89°29'45" West, 80.00 feet to a point; thence South 78133'49" West, 182.71 feet to a point; thence South 11°45'15" West, 185.77 feet to a point; thence South 0030'15" West, 154.10 feet to a point; thence 288.86 feet along the arc of a nontangent curve to the left, having a radius of 425.00 feet, a central angle of 38°56'31", and a long chord bearing South 63104'11" West, 283.33 feet to the POINT OF BEGINNING. EXCEPTING THEREFROM: A portion of the Northwest quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Northeast comer of the Northwest quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho; thence along the Easterly boundary of the said Northwest quarter of Section 3, South 00°2729" West 1,365.57 feet to an iron pin marking the Southeast comer of the Northeast quarter of the Northwest quarter of Section 3, said iron pin also being on the Northerly boundary DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F of The Lake at Cherry Lane No, 4 Subdivision as filed for record in the office of the Ada County Recorder, Boise, Idaho, in Book 74 of Plats at Pages 7674 and 7675; thence leaving said Easterly boundary and along the said Northerly boundary of The Lake at Cherry Lane No. 4 Subdivision, North 89°18'58" West 301.76 feet to an iron pin marking the Northwest corner of said The Lake at Cherry Lane No. 4 subdivision; thence leaving said Northerly boundary and along the Westerly boundary of said The Lake at Cherry Lane No. 4 Subdivision, South 00°30'18" West 486.13 feet to an iron pin, said iron pin being the Real Point of Beginning; thence continuing along said Westerly boundary, South 00°30'18" West 19.38 feet to a point; thence leaving said Northwesterly boundary, North 89°29'45" West 79.95 feet to a point; thence South 78°33'49' West 182.71 feet to a point; thence North 11°45'06" East 20.62 feet to a point; thence North 78°53'05" East 183.47 feet to a point; thence South 89°29'54" East 74.99 feet to the Point of Beginning. FURTHER EXCEPTING THEREFROM: A portion of the Northwest quarter of Section 3, Township 3 North,Range 1 West, Boise Meridian, Meridian,Ada County, Idaho and more particularly described as follows: Beginning at a brass cap marking the Northeast corner of the Northwest quarter of Section 3, Township 3 North, Range I West, Boise Meridian,Meridian Ada County, Idaho; thence along the Easterly boundary of the said Northwest quarter of Section 3, South 00°27'2.9" West 1,365.57 feet to an iron pin marking the Southeast corner of the Northeast quarter of the Northwest quarter of Section 3, said iron pin also being on the Northerly boundary of The Lake at Cherry Lane No. 4 Subdivision as filed for record in the office of the Ada County Recorder,Boise,Idaho, in Book 74 of Plats at Pages 7674 and 7675; thence leaving said Easterly boundary and along the said Northerly boundary of The Lake at Cherry Lane No. 4 Subdivision, North 89*18'58" West 301.76 feet to an iron pin marking the Northwest corner of said The Lake at Cherry Lane No. 4 subdivision; thence leaving said Northerly boundary and along the Westerly boundary of said The Lake at Cherry Lane No. 4 Subdivision, South 00°30'18" West 486.13 feet to an iron pin; thence leaving said Westerly boundary North 89°29'54" West 74.97 feet to an iron pin; thence South 78°53'05" West 183.47 feet to an iron pin, said iron pin being the Real Point of Beginning; thence South 11*45'06" West 206.39 feet to an iron pin;thence South 00°30'06" West 154.08 feet to an iron pin,thence Southwesterly 24.54 feet along the arc of a curve to the left said curve having a radius of 425.00 feet, a central angle of 03°18'29",and a long chord bearing South 80°53'03" West 24.54 feet, to a point on the Easterly right of way of the Eight Mile Lateral; thence along said Easterly right of way North 00°42'19" East 347.61 feet to a point; thence leaving said Easterly said right of way North 78153'05" East 64.54 feet to the Real Point of Beginning. DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F Parcel I V-D A portion of the Southeast Quarter of the Northwest Quarter of Section 3, Township 3 North, Range 1 West, Boise Meridian, Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the comer common to Sections 4, 9, 10 and the said Section 3; thence North 0138'11"East,2651.19 feet to the quarter comer common to said Sections 3 and 4 as same was reestablished by LS 972 (CP& F Instrument No. 7852146, records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0°38'27" East, 2697.49 feet; thence North 0°38'27" East 22.64 feet to a 5/8" iron pin; thence South 88155'31"East, 1614.53 feet to the REAL POINT OF BEGINNING;thence North 10°33'50" East, 72.37 feet to a point;thence 129.52 feet along the arc of a nontangent curve to the right, having a radius of 600.00 feet, a central angle of 12°22'07",and a long chord bearing South 56049'29" East, 129.27 feet to a point; thence South 50°38'25"East,4.33 feet to a point; thence North 88°55'31" West, 124.84 feet to the POINT OF BEGINNING. DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F Parcel IV-E A portion of the Southeast Quarter of the Northwest Quarter of Section 3,Township 3 North, Range 1 West, Boise Meridian,Meridian,Ada County, Idaho,more particularly described as follows: Commencing at the corner common to Sections 4,9, 10 and the said Section 3;thence North 0'38'11" East, 2651.19 feet to the quarter corner common to said Sections 3 and 4 as same was reestablished by LS 972 (CP& F Instrument No. 7852146,records of Ada County, Idaho); from which the Northwest corner of said Section 3 bears North 0*3827"East,2697.49 feet;thence North 0°38'27" East 22.64 feet to a 5/8"iron pin; thence South 88°55'31" East, 1977.72 feet to a 5/8" iron pin and the REAL POINT OF BEGINNING; thence North 88°55'31" West 109.62 feet to a point; thence 11.06 feet along the arc of a nontangent curve to the left, having a radius of 249.75 feet, a central angle of 2°32'16", and a long chord hearing North 49*22'17" West, 11.06 feet to a point; thence North 50°38'25" West, 94.32 feet to a point; thence 60.45 feet along the arc of a curve to the left, having a radius of 680.00 feet, a central angle of 5°05'36",and a long chord bearing North 53*11'13" West, 60.43 feet to a point; thence 30.13 feet along the arc of a curve to the right, having a radius of 20.00 feet, a central angle of 86'18'50", and a long chord bearing North 12°34'36" West, 27.36 feet to a point; thence North 30°34'50" East, 84.13 feet to a point; thence 269.77 feet along the arc of a curve to the right, having a radius of 375.00 feet, a central angle of 41"13'04", and a long chord bearing North 51°11'21" East,263.99 feet to a point;thence South 0°30'15" West, 369.89 feet to the POINT OF BEGINNING. Parcel V Lots 1 and 52 in Block 5, and Lot 11 in Block 9 of Cherry Lane Village No. 1 Subdivision, according to the plat thereof filed in Book 44 of Plats at Pages 3537 through 3538, records of Ada County, Idaho. Parcel VI Lots 12 and 21 in Block 9 and Lot 4 in Block 11 and Lot 53 in Block 5 of Cherry Lane Village No. 2 Subdivision, according to the plat thereof, filed in Book 46 of Plats at Pages 3791 and 3792,records of Ada County, Idaho. DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F Parcel VII Lot 83 in Block 5 and Lot 14, in Block 13 Cherry Lane Village No. 3 Subdivision according to the official plat thereof filed in Book 58 of Plats at Pages 5473 through 5475, records of Ada County, Idaho. EXCEPTING THEREFROM that portion of Lot 83 in Block 5 of the proposed Cherry Lane Village No. 3 Subdivision located in the SE '/, of Section 3, T. 3N., R. 1 W., B.M., Ada County, Idaho, and more particularly described as follows: Beginning at a brass cap marking the Southeast corner of said SE '/,; thence North 00'19'11"East 451.29 feet along the Easterly boundary of said SE '/+and the centerline of Ten Mile Road to a point marking the intersection of the centerline of the proposed Woodmont Drive and said centerline of Ten Mile Road; thence along the following courses and distances along said proposed centerline of Woodmont Drive; North 89040'49" West 136.00 feet to a point of curve; thence Northwesterly along a curve to the right 54.87 feet, said curve having a central angle of 21°40'49", a radius of 145.00 feet, tangents of 27.77 feet and a long chord of 54.54 feet bearing North 78°50'25" West to a point of tangent; thence North 68°00'00" West 171.40 feet to a point of curve; thence Northwesterly along a curve to the left 78.86 feet, said curve having a central angle of 25°49'14", a radius of 175.00 feet, tangents of 40.11 feet and a long chord of 78.20 feet bearing North 80°54'37" West to a point of ending of curve;thence leaving said proposed centerline of Woodmont Drive along a non- tangent line, South 05*35'15" West 25.40 feet to a point marking the Northwesterly corner of Lot 84, Block 5 of said proposed Cherry Lane Village No. 3 Subdivision, also said point being on the Southwesterly right-of-way line of said proposed Woodmont Drive, said point also being the REAL POINT OF BEGINNING; thence continuing South 05'35'15"West 66.64 feet along the Westerly boundary of said Lot 84, Block 5 to a point marking the Southwesterly corner of said Lot 84,Block 5,also said point being on the Southerly boundary of said proposed Cherry Lane Village No, 3 Subdivision; thence North 60°50'49" West 3.00 feet along said Southerly boundary of the proposed Cherry Lane Village No. 3 Subdivision to a point;thence leaving said Southerly boundary, North 05*13'51" West 62.96 feet to a point on said Southerly right-of-way line of proposed Woodmont Drive, also said point being a point on curve; thence Northeasterly along a non-tangent curve to the right along said Southerly right-of-way line of proposed Woodmont Drive 15.01 feet, said curve having a central angle of 05°44'02",a radius of 150.00 feet, tangents of 7.51 feet and a long chord of 15.00 feet bearing North 81°43'36" East to the POINT OF BEGINNING. Parcel VIII Lot 28 in Block 11 and Lot 39 in Block 13 Cherry Lane Village No. 4 Subdivision according to the official plat thereof filed in Book 63 of Plats at Pages 6376 and 6377, records of Ada County, Idaho. DocuSign Envelope ID:9649272E-2FCF-481 E-A4A7-2COE3F53621 F Parcel IX Lot 9 in Block 1 of Record of Survey No. 802 of adjusted lot lines for Lots 8,9 and 10, in Block 1 of The Lake at Cherry Lane, according to the plat thereof, filed in Book 52 of Plats at Pages 4569 and 4570,records of Ada County, Idaho. EXCEPT that portion lying within the original Lot 8. Parcel X Lot 5 in Block 1 and Lot 13 in Block 2, The Lake at Cherry Lane No. 2, according to the official plat thereof, filed in Book 54 of Plats at Pages 4882 and 4883, records of Ada County, Idaho, Parcel XI Lot 24 in Block 2 of The Lake at Cherry Lane No. 3 Subdivision according to the official plat thereof filed in Book 70 of Plats at Pages 7167 and 7168,records of Ada County,Idaho. Parcel XII Lot 19 in Block 1 and Lot 46 in Block 2 of The Lake at Cherry Lane No. 4 Subdivision, according to the official plat thereof, filed in Book 74 of Plats at Page 7674 and 7675, records of Ada County,Idaho. W IDIAN� AGENDA ITEM ITEM TOPIC: Rail with Trail Pathway Project Update and Funding Request C� fIEN .D L4,, MEMO TO CITY COUNCIL Request to Include Topic on the City Council Agenda From: Kim Warren, Pathways Project Manager Meeting Date: March 26, 2024 Presenter: Kim Warren Estimated Time: 15 minutes Topic: Rail with Trail Pathway Update and Funding Background: Staff has been working on a multi-use pathway that would parallel the rail corridor from NW 3rd Street to NW 8th Street and connect to Broadway Ave. Planned future segments of this pathway will complete a pedestrian connection between Meridian Road and Linder Road. In 2018,the City purchased a lot on NW 3rd Street to obtain Right of Way (ROW) for the first phase of the pathway. The City planned to trade a portion of the property to Friends of Children and Families (FOCAF) in exchange for the land behind their fence line, which would complete the full ROW for the pathway and allow the project to move forward. FOCAF had expressed a willingness to trade, but the trade could not be executed until an existing bond on the property matured at the end of 2023. After the bond matured staff entered into the due diligence phase of the process, which required title reports for the properties involved in the land trade. In the course of reviewing these reports, it was discovered that a strip of land immediately south of the FOCAF property was owned by Nampa and Meridian Irrigation District (NMID). Under the terms of the City's Master Pathway Agreement with NMID, all that is needed to construct the pathway across this property is a simple license agreement. A land trade is no longer necessary at this time. Next Steps: Due to rising costs over time, additional piping, and a possible trailhead at this location, our current Federal Grant of$540,000 is insufficient to complete the project.We are proposing to request additional TAP-TMA funding in the amount of$500,000 to cover the total cost of project engineering and construction. The City is obligated to pay 7.34% of the total project cost as defined in the State/Local agreement previously approved by Council. Our Current budget for this project is sufficient to cover the additional match amount. This request for additional funding amount has been vetted with the City's Grants Committee. If the additional funding request is approved we will begin project engineering, with the goal of starting construction after the irrigation season of 2025. Recommended Council Action: Authorize the Mayor to sign the attached authorization to apply for additional funding. Mayor Robert E. Simison City Council Members: E Joe Borten, President IDIAN'11:7-4� Liz Strader,Vice President Doug Taylor John Overton Anne Little Roberts Luke Cavener March 26, 2024 Matt Stoll, Executive Director COMPASS 700 NE 2"d Street, Suite 200 Meridian, Idaho 83642 Re: KN 13918- Rail With Trail Pathway Dear Mr. Stoll, The City of Meridian respectfully submits this letter requesting additional funds for the Rail with Trail Pathway project (KN 13918). This project was initially awarded TAP-TMA funding in 2016. Due to delays in securing right-of-way, construction was eventually delayed to FY2025. Design and design oversight were obligated in FY2022 as advanced construction (Local) ($120,000) and $493,000 is currently programmed for construction in FY2025. In the years the City has been working to assemble complete right-of-way for the pathway, costs for design and construction have risen significantly. As a result, we are requesting an additional $500k in order to complete the project. Phase Total Current Needs Total Adjusted FY2025 Funds FY2025 Funds Construction Engineering $1,000 $0 $1,000 (ITD) Construction Engineering $10,000 $0 $10,000 (LHTAC) Construction Engineering $36,000 $144,000 $180,000 (Consultant) Construction $493,000 $356,000 $849,000 Total $540,000 $500,000 $1,040,000 The City recognizes that the required match will also increase with these additional federal funds and is willing to match accordingly. Thank you for your consideration of this request. We appreciate the continued support of COMPASS for this project as we work to implement the local Rail With Trail Pathway. If you have any questions, please feel free to contact me at (208)489-0529. Sincerely, Robert Simison, Mayor City of Meridian Local Rail With Trail Pathway April 2, 2024 Pathways Project ManagerKim Warren, RLA Approval to Request Additional FundingProject Update PROJECT HISTORY Street rd No pathway access to NW 3way for the project-of-Unable to complete rightStreet th to NW 8 rd use pathway from NW 3-Plan for multi The image part with relationship ID rId2 was not found in the file. Asked to Purchase Easement Federal rules preclude purchase/sale of easement.easements. Pathways are one of the only permitted uses within irrigation Land not able to be used by FOCAF is valuable to the City. PROJECT HISTORY Land Trade Proposal bonds to matureNeeded to wait until end of 2023, for City is able to complete pathwaythrough -FOCAF benefits from a pullStreet with intent to trade rd NW 3In 2018 the City purchased a property on (Continued)PROJECT HISTORY Proposed Land Trade valuesareas, unequal assessed Agreed to trade equal land 2023 to trade/complete PBAReceived council approval in had appreciated in valueProperty (purchased in 2018)  Long 14 years Santa Gifts –Holiday Classic Volleyball Tournament Local Head Start ProgramMutually advantageous to FOCAF and City FOCAFFriends of Children & Families City is able to complete pathwayStreet+ shared parking rd through option to 3-FOCAF pulltime Community Partner- Title Report propertyof Reclamation / NMID Discovered to be Bureau parcel)ownership (for yellow research into land Prompted additional south end of FOCAF lotsMention of property at phase Part of due diligence  Alternate Pathway Alignment small trailhead with shared parkingReallocate project funds to develop a No need to trade propertyin order to skirt FOCAF parcelsPipe a portion of the Ninemile Creek to Ninemile CreekSpace within easement is limited due In lieu of trade  Next Steps additional funding request letter Mayor to sign -Council SupportIrrigation District CoordinationConstructabilityEnvironmental Floodplain Questions | Considerations Additional Funding Needed$76 k $1.04 millionTOTAL$37 k$500 kADDITIONAL$39 k$540 kCURRENT City MatchAwarded AmountTMA Funding-TAP No budget amendment needed. Current project budget can accommodate increased match.TMA Funding (Federal)-Requesting Additional TAPElapsed time since project inception resulted in cost increaseRecommendation by LHTAC to complete construction Requested action for additional project fundingAuthorize the Mayor to sign the letter of request to COMPASS