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HomeMy WebLinkAbout2009-11-10~~E IDIZ IAN~- ~/ CITY COUNCIL REGULAR MEETING AGENDA Tuesday, November 10, 2009 at 7:00 PM Meeting convened at 7:09 p.m. 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance by Nathan Yorgason with Troop #513 of the Vienna Woods LDS Ward 3. Community Invocation by Stephanie Moore with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Proclamation For Idaho Non-Profit Week 6. Consent Agenda Approved: Item 6L was moved onto regular agenda A. October 27, 2009 City Council Regular Meeting Minutes B. Acceptance Agreement with Grange Group Art Guild for Display of Artwork in Initial Point Gallery C. Art Purchasing Agreement with Brian Schreiner for Art in Public Spaces D. Art Purchasing Agreement with Will Nelson for Art in Public Spaces E. Professional Services Agreement with Missoula Children's Theatre F. Task Order #10170 to Original Contract dated November 8, 2006 with Civil Survey Consultants, Inc. for Engineering Consulting Services in Conjunction with the Linder/Pine Meridian City Council Meeting Agenda -Tuesday, November 10, 2009 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 8881433 at least 48 hours prior to the public meeting. Intersection Utility Improvements Project for aNot-to-Exceed Amount of $10,955.00 7. G. License Agreement with Nampa & Meridian Irrigation District to cross the Vaughn Lateral in two locations with a Reclaimed Water line and a truck sewer line in conjunction with the ACRD Franklin Road Project. H. Agreement between SPF Water Engineering, LLC for Wastewater Treatment Plant Operations and Maintenance Manual. I. Encroachment Easement Agreement for On the Border Restaurant, located in the Southeast Corner Marketplace Subdivision No. 2 by ReLo Boise, LLC, c/o ReLo Development, LLC. J. Encroachment Easement Agreement for Chili's Restaurant, located in Southeast Corner Marketplace Subdivision No. 2, by ReLo Boise, LLC, c/o ReLo Development, LLC K. Authorize Bid amount for the Ten Mile Rd. -Franklin to Cherry Reuse Pipeline and Franklin Rd. sewer main and reuse pipeline installation project in conjunction with the ACRD road project at the same locations for aNot-to-Exceed amount of $718,035.98. L. Findings of Fact and Conclusions of Law for Approval: VAR 09-004 Ashford Greens Pump House moved to Item 8L Department Reports A. Resolution No. 09-699: Appointing Shawn Testin to Seat 8 of the Parks and Recreation Commission Approved B. Ada County Natural Hazards Mitigation Plan Update Participation Approved 8. Items Moved From Consent Agenda L. Ashford Greens Pump House VAR 09-004 Findings Approved Meridian City Council Meeting Agenda -Tuesday, November 10, 2009 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888433 at least 48 hours prior to the public meeting. 9. Action Items A. Public Hearing: AZ 09-006 B1. Request for Annexation and Zoning of 5.02 Acres from RUT (ADA County) to R-4 (Medium Low Density Residential) zoning district by B1, LLC -east of Jericho Road, 1/4 mile south of Chinden Boulevard, approximately 650 feet west of Locust Grove Road Approved B. Public Hearing: TE 09-018 Settlement Bridge Subdivision No. 6. Request for an 18 month Time Extension to record the Final Plat by Capital Development -SEC of N. McMillan Road and N. Locust Grove Road Approved Adjourned at 8:02 p.m. Meridian City Council Meeting Agenda -Tuesday, November 10, 2009 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting November 10, 2009 A meeting of the Meridian City Council was called to order at 7:10 p.m., Tuesday, November 10, 2009, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, President Charlie Rountree, Keith Bird, Brad Hoaglun, and David Zaremba. Others Present: Bill Nary, Jaycee Holman, Pete Friedman, Bill Parsons, Clint Dolsby, Tracy Basterrechea, Joe Silva, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: Thank you for your patience. We appreciate you being here with us this evening. I will go ahead and open this meeting. For the record it is Tuesday, November 10th. It's -- I don't have my glasses on. Ten minutes after 7:00 and we will start tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance by Nathan Yorgason wih Troop #513 of the Vienna Woods LDS Ward. De Weerd: Item No. 2 is the Pledge of Allegiance. Tonight we will be led by Nathan Yorgason and he's with Troop 513 with the Vienna Woods LDS Ward. If you will, please, come forward and lead us in the pledge. All rise. (Pledge of Allegiance recited.) De Weerd: I would like to present you with a City of Meridian pin and thank you for leading us tonight and appreciate you being here. It's always fun to have a Boy Scout lead us in the pledge. It's a favorite time of our meeting. Item 3: Community Invocation by Stephanie Moore with Ten Mile Christian Church. De Weerd: Item No. 3 is our community invocation. I don't see Pastor Moore here. Oh, well, there is substitute better than Pastor Moore. Stephanie Moore is here with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Moore: Our Faithful God, we will acknowledge your presence and your guidance at this time. We thank you for our public servants who spend so much of their time in service Meridian City Council November 10, 2009 Page 2 of 20 to our community and for the other community members who are here, because of their concern for the good of our community. We ask that the decisions made this evening would benefit -- benefit our community as you guide us. In Jesus' name we pray, amen. De Weerd: Stephanie, have I given you a City of Meridian pin? Well, thank you for joining us this evening. Moore: Thank you. Item 4: Adoption of the Agenda. De Weerd: Thank you. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: On the agenda I would like to ask that under the Consent Agenda Item 6-L be moved to Item 8 for a brief discussion. Then, under Department Reports, Item 7-A, the resolution is 09-699. And with those changes I move that we adopt the agenda. Hoaglun: Second. De Weerd: I have a motion and a second to adopt the agenda as changed. All those in favor say aye. All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 5: Proclamation For Idaho Non-Profit Week. De Weerd: Item. No. 6 is the Consent -- oh, I'm song. Item 5 is the proclamation. I do want to say as the holiday season begins it is important for our local community to step up and support our nonprofits, in particular our Meridian Food Bank is seeing an extraordinary amount of need and people knocking on their door asking for help. This organization, as well as others, need our help and it is by giving those our time, our goods, and our money that these nonprofit organizations appreciate and recognize the support they get from their communities, so that they can fulfill the missions that they have to serve those in need in particular during this -- the upcoming seasons. So, I would like to read this proclamation into the record. Whereas nonprofit organizations help build and sustain healthy communities in our state while enhancing the quality of life for Idahoans and for others throughout country. And whereas thousands of nonprofit organizations based in Idaho contribute significantly to the viable economy by providing Idahoans with jobs, goods, and services with expenditures of more than two billion dollars and whereas Idaho's nonprofit leaders are often entrepreneurs creating new solutions to problems and fill previously unmet needs in areas of health, recreation, education, research, arts, social services and more. And whereas the nonprofit sector Meridian City Council November 10, 2009 Page 3 of 20 works as a responsible partner with private enterprise and government to alleviate the most pressing social issues of our time and whereas nonprofit organizations often fulfill their missions by advocating on behalf of those who cannot advocate for themselves. And, therefore, I, Mayor Tammy de Weerd, City of Meridian, do hereby proclaim November 9th through the 15th to be Nonprofit Awareness Week in the City of Meridian and encourage all citizens to continue to recognize and support nonprofit organizations in our community. I, again, would like to say that Meridian Food Bank is in particular need and to look at opportunities to be involved in small or big ways to certainly step up and take those opportunities, because, after all, they are our citizens. As we look at the Nonprofit Awareness Week I also would like to note the reason I was a couple minutes late for our pre-Council meeting. I attended the Governor's Brightest Star Awards. Meridian recognized four different entities. We had in the corporation Walmart. In our small business our brightest star was Fred Kessler Agency. Our individual was Mark Bennett. And our organization Meridian PAL Football. Again, they are our representation of -- our community has a long time history of volunteerism and philanthropy that has really given the character of this amazing community in which we live, work, and raise our families. The Governor - or First Lady's Brightest Star for the state of Idaho was Walmart. Our small business of the year for the state of Idaho was Fred Kessler Agency. Our individual Mark Bennett was one of three top candidates recognized and awarded recognition at that event. So, Meridian's bright -- we are shinning pretty bright tonight and -- and throughout the year because of the individual and collective efforts of these amazing folks. So, just put that on the good news column and remember that as we celebrate Nonprofit Awareness Week. Thank you, Council, for letting me get on my soap box there for a minute. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I would add a couple of congratulations to what you have already said. One is that Tracy Basterrechea has been appointed our new deputy chief of police. Congratulations to him. And our Council President Charlie Rountree was named by the Chamber of Commerce as man of the year. De Weerd: Congratulations. Zaremba: Congratulations to him as well. De Weerd: And there were a couple us there that were there to witness it. Rountree: It actually happened. Item 6: Consent Agenda: A. October 27, 2009 City Council Regular Meeting Minutes Meridian City Council November 10, 2009 Page 4 of 20 B. Acceptance Agreement with Grange Group Art Guild for Display of Artwork in Initial Point Gallery C. Art Purchasing Agreement with Brian Schreiner for Art in Public Spaces D. Art Purchasing Agreement with Will Nelson for Art in Public Spaces E. Professional Services Agreement with Missoula Children's Theatre F. Task Order #10170 to Original Contract dated November 8, 2006 with Civil Survey Consultants, Inc. for Engineering Consulting Services in Conjunction with the Linder/Pine Intersection Utility Improvements G. License Agreement with Nampa Bz Meridian Irrigation District to cross the Vaughn Lateral in two locations with a Reclaimed Water line and a truck sewer line in conjunction with the ACRD Franklin Road Project. H. Agreement between SPF Water Engineering, LLC for Wastewater Treatment Plant Operations and Maintenance Manual. I. Encroachment Easement Agreement for On the Border Restaurant, located in the Southeast Corner Marketplace Subdivision No. 2 by ReLo Boise, LLC, c/o ReLo Development, LLC. J. Encroachment Easement Agreement for Chili's Restaurant, located in Southeast Corner Marketplace Subdivision No. 2, by ReLo Boise, LLC, c/o ReLo Development, LLC K. Authorize Bid amount for the Ten Mile Rd. -Franklin to Cherry Reuse Pipeline and Franklin Rd. sewer main and reuse pipeline installation project in conjunction with the ACHD road project at the same locations for aNot-to-Exceed amount of $718,035.98. De Weerd: It did. Okay. Item 6 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council November 10, 2009 Page 5 of 20 Zaremba: For the Consent Agenda I would like to add a couple of comments. Item B is at no cost to the city. Item C, the cost is 1,500 dollars. Item D, the cost is 1,500 dollars. Item E, the cost is 2,650 dollars. F is already printed. G, the cost is 428 dollars. Item H, the cost is not to exceed 22,000 dollars. I is at no cost to the city. J is at no cost to the city. K is printed. And L we ask to move to Item 8. With that I move we approve the Consent Agenda and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carves. MOTION CARRIED: ALL AYES. Item 7: Department Reports A. Resolution No. :Appointing Shawn Testin to Seat 8 of the Parks and Recreation Commission De Weerd: Under Department Reports, Item 7-A is proposed resolution number 09- 699. It is for the appointment of Shawn Testin to Seat 8 of the Parks and Recreation Commission. Council, the Council -- or Commission President John Nesmith, the parks director, and I met with five outstanding candidates and what a great problem to have is to select people very passionate about getting involved and serving the citizens of our community and being enthusiastic. They brought a very diverse experience and background to the table. Shawn Testin grew up in Meridian and he's involved, wants to be further involved. He brings a different perspective to the commission that had some great appeal and his interest, as well as kind of filling an area that didn't exist on the commission. So, that appointment is in front of you for your consideration and your confirmation. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: If there is no other comment, I move that we approve resolution 09-699, confirming the appointment of Shawn Testin to Seat 8 of the Parks and Recreation Commission. Hoaglun: Second. Meridian City Council November 10, 2009 Page 6 of 20 De Weerd: I have a motion and a second to approve the commission in front of you. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Council, I will note that an invitation has been made out to the other four to be involved in our subcommittees and certainly we want to tap into their passion and experience and willingness to serve. So, hopefully, you will continue to see additional opportunities for citizens to serve. B. Ada County Natural Hazards Mitigation Plan Update Participation De Weerd: Item 7-B is -- I'll tum this over to Clint. Dolsby: Madam Mayor, Members of the Council, the Public Works Department would like to participate in the Ada County Natural Hazards Mitigation Plan update, which encourages and rewards the local and state pre-disaster planning. It's helpful and participation by the local governments will insure that our interest -- or City of Meridian's interest are recognized in this planning document and that we have funding for mitigation projects, such as like the Five Mile restoration project that we did last year. So, what we are requesting is approval of staff participation in this update and authorization of the Mayor to sign a letter of intent and it's a no cost item. De Weerd: I like the last statement. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. We do need a motion to authorize entering into the agreement and authorizing me to sign. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the -- going into the mitigation plan for Ada County and for the Mayor to sign a letter of intent. Rountree: Second. Meridian City Council November 10, 2009 Page 7 of 20 De Weerd: Okay. I have a motion and a second. Any discussion? Seeing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. Item 8: Items Moved From Consent Agenda L. Findings of Fact and Conclusions of Law for Approval: VAR 09-004 Ashford Greens Pump House De Weerd; Okay. Item L was removed from the Consent Agenda, so we will -- Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I am member of the Ashford Greens homeowners association and in the spirit of conflict of interest I removed myself from this subject when it came up for discussion and I asked tonight that it be moved off the Consent Agenda, so that I would have the opportunity to abstain from the vote. De Weerd: Okay. Thank you, Mr. Zaremba, for clarifying that. Council, I will need a motion on this item. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Move that we approve the variance 09-004 for Ashford Greens pump house. Hoaglun: Second. De Weerd: I have a motion and a second to approve the Findings of Facts and Conclusions of Law for VAR 09-004. I will ask Madam Clerk for roll call. Roll-Call: Bird, yea; Rountree, yea; Zaremba, abstain; Hoaglun, yea. De Weerd: All ayes. One abstention. Zaremba: Thank you. MOTION CARRIED: THREE AYES. ONE ABSTAIN. Meridian City Council November 10, 2009 Page 8 of 20 Item 9: Action Items A. Public Hearing: AZ 09-006 B1. Request for Annexation and Zoning of 5.02 Acres from RUT (Ada County) to R-4 (Medium Low Density Residential) zoning district by B1, LLC -east of Jericho Road, 1/4 mile south of Chinden Boulevard, approximately 650 feet west of Locust Grove Road De Weerd: Okay. Item 9 under action items. We have a public hearing on AZ 09-006. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. The application before you tonight is an annexation request to zone 5.02 acres from RUT in Ada County to the R-4 zoning district within the city boundaries. At this time the applicant is proposing to construct one single family detached home on the project -- on the subject site, with plans to subdivide the property in the future. The site is located on the east side of Jericho Road, south of the Chinden Boulevard, and approximately 650 feet west of Locust Grove. The subdivision to the immediate east is known as Reserve Subdivision. There is a public school to the north, zoned R-4. The Arcadia Subdivision is on the western boundary, zoned R-8, and the property to the south is undeveloped Ada County property, currently rural residential. Here is the conceptual plat that the applicant is showing. You can see there -- with the hashed line there that the applicant is proposing to place the home there on that site. During the public hearing Planning and Zoning Commission had recommended approval of this annexation. With that approval there are some DA provisions that we have attached to the staff report and I will go over those a little bit later. One thing Iwould -- speaking in favor of the application was Jim Conger, which is the applicant's representative. Commenting on the application was Tyler Rountree and Marcel Goldberg. The applicant did submit a letter in response to the staff report and at that hearing we did discuss several of the DA provisions. I presented the staff report and Pete Friedman and Scott Steckline provided additional comments on the application. Key items of discussion that were at that hearing was extension of East Commander Street to Jericho Road. So, if you look at the preliminary -- or this concept plan here you can see that East Commander Street is stubbed at the eastern boundary and as part of the DA provision that staff was recommending we encouraged -- or require that that extend through the site and stub -- and connect to Jericho Road. That provision was modified at the Planning and Zoning Commission hearing and what it was changed to, based on P&Z recommendation that East Commander Street would come through the site, however, if the stub street in Madelain Estates, which is to the south of this, was to be punched through and connect at the southern boundary of this proposed annexation -- annexed property, then, that could, in fact, connect there, rather than connect to Jericho Road. The other -- the other topic of discussion was also the compatibility of future homes with surrounding and existing homes in the area and what staff has tried to do and what P&Z has upheld in that recommendation in the DA is that they submit elevations consistent with that design manual and that is one of the other DA provisions that we have for you to look at tonight. So, basically, what I want to do is go back up here and explore that. The Meridian City Council November 10, 2009 Page 9 of 20 applicant wishes to discuss with you several -- or at least one additional DA provision, which is number one in the staff report, and that -- basically, when we went to P&Z we discussed required -- staff recommended that the applicant submit a CZC for the approval of the home site. Planning and Zoning upheld that recommendation. The applicant was okay with that decision at that time and since that meeting they sent over an exhibit to staff to look at and want to discuss with you tonight the possibility of attaching -- rather than requiring the CZC, attach an exhibit showing where the building envelope is and that that would suffice for the requirement for the CZC. So, I will let them explain their intentions on that. Staff still wants to proceed with the approval of the CZC process. That's our mechanism for reviewing the site plan and insuring that they are in compliance with the DA provisions that we have before you tonight. Again, here are the DA provisions that are pertinent to the project. We are allowing the applicant -- or recommending the applicant obtain abuilding -- obtain one building permit and that they need CZC approval for that. Any future development will be subject to the Meridian open space requirements. Again, the applicant would have to submit elevations consistent with the residential guidelines in the Meridian design manual. Again, here is the requirement of East Commander Street being punched through and connecting to Jericho or as amended at the P&A hearing, as an alternative that if that public street is provided at the south boundary they could stub at that point, rather than connecting with Jericho. And, again, if I can go to this aerial here, if you see in the northwest comer there you see a gravel patch there with some construction material on the site and, basically, because the applicant -- the applicant is now requesting an R-4 zoning district within the city, our code prohibits contractor's yards in the residential zoning district. So, that -- use of that on that site would not be in compliance with our ordinance and is, actually, a prohibited use. So, staff is also -- and P&Z has recommended the DA provision as well that they remove that construction yard prior to us issuing a building permit for the site. And with that, again, P&Z upheld the recommendation. Staff did receive a written statement from the applicant. He's in agreement with all of the DA provisions with regards to number one, which he wants to talk about attaching the exhibit in lieu of the CZC approval. With that I would stand for any questions Mayor and Council may have. De Weerd: Council? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Bill, if you would go back -- well, Iguess -- go back to the slide you had showing the concept. Yeah. Commander you indicated is stubbed to the west, but it's also stubbed to the north and south, is it not, at the traffic circle currently? Parsons: Yeah. It's stubbed to the south. Correct. Meridian City Council November 10, 2009 Page 10 of 20 Rountree: Okay. And the portion that's highlighted there with the diagonal lines, that's the same or similar piece that we show in Exhibit D from the applicant? Parsons: President, Members of the Council, that is correct. Rountree: Okay. And remind me of the process -- if we were to annex this to R-4 and they propose to build on that particular lot, is a CZC typically required before they get a building permit on that? Friedman: Madam Mayor, Council Member Rountree, Council Members, typically we do not require CZCs for single family homes. However, because there is a concern about the placements of a house on the property precluding future access through the property at the time of subdivision, if it's just attached to the development agreement, then, it would go straight to the building permit and in a sense they wouldn't necessarily have eyes on the conditions, because they rarely look at the development agreements. The CZC is the mechanism -- kind of our belt and suspenders approach of insuring that whatever conditions Council may place on through a development agreement we catch via the CZC process. Rountree: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: At the time that the Arcadia Subdivision, which is on the west border of this, was put in, the piece of property that we were talking about and the piece of property where it does say East Commander Street were all one piece of property and Arcadia was designed in the fashion that it was -- as a matter of fact, they had to change their design to make it possible to have that access out of the northeast comer of Arcadia through this property when it developed and part of the reasoning there was that -- at the time and maybe now Jericho was going to lose its access to Chinden and even if it kept its access people coming and going from Arcadia needed a quicker way to get to Locust Grove. So, there has been a long standing need - and I know the discussion was -- was had heavily at the Planning and Zoning Commission, because I was there at the time -- when -- when these two pieces of property, the piece closer to Locust Grove was developed, of making sure that whatever happened was not going to prevent the connection to Jericho and I suspect that that did not come up with the current Planning and Zoning Commission, but it's a requirement of Arcadia that that connection be made and I'm personally loath give it up. De Weerd: And, Mr. Zaremba, that's -- that's what I was remembering on this and doesn't -- I just wonder what the value you add by the -- the southem connection when the subdivision to the west already has a southem way out of that puzzle maze to the south of it. It makes more sense allowing them to come and go east to North Locust Meridian City Council November 10, 2009 Page 11 of 20 Grove and I didn't read the minutes to see what the discussion was regarding that, but what is the thinking there? Friedman: Madam Mayor, Members of the Council, I don't know if I'm going to try to tell them to the thinking of our Planning Commission members, but I think it was -- De Weerd: Okay. What was the discussion? Friedman: As Bill had stated, the original staff recommendation was for any future plat of this property to include an extension of east Commander to Jericho, having, you know, considered previous actions in the area and, in fact, if you look to the south where it's already platted, as the Mayor indicated, you have a southern connection already and our thinking was, well, what does another one get you, it just takes you into another maze in trying to find your way out to Locust Grove, rather than having the most direct route between Jericho through via East Commander. At the public hearing the proponent had, I believe, proposed sort of alternative language. They had proposed this concept of going to the south, rather than going to the east. And so I believe what the Planning Commission did at that point in their recommendation was that it either be stubbed to the -- an extension of Commander either be stubbed to the west to the south to the nearest existing road that -- to the nearest road that is in existence at the time that this property may plat. So, you know, were they thinking that it's more likely that Jericho would be the road in existence at the time that this property plats or is it conceivable that something could occur immediately to the south. So, they were, you know, providing an alternative, I gather. But they -- and one key point in the recommendation was that it connect to an existing road. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, if you'd pull back up that original concept. And it's interesting to kind of get an understanding of where the connection came from, but Pete's correct, the road on the very bottom of that aerial, not in that subdivision, but in the next subdivision south, actually does go through to Locust Grove all the way into Saguaro Canyon. My concern with that stub in the original concept is that parcel to the north is a school site and within not too many feet with the concept that's being proposed you have yet another through traffic move right adjacent to the entryway into what will ultimately be, I believe, is an elementary school site. De Weerd: It's a private school. Rountree: A private school. Anyway, it's a school site, so -- if that school site doesn't go, if that turns into residential, then, you have another conflict with turning moves and that sort of thing at that particular location. So, I think that the -- the original anticipated traffic flow out of that section going to the east and ultimately to the north when Saguaro Meridian City Council November 10, 2009 Page 12 of 20 Canyon gets done, which will provide yet another connection with Chinden probably is accommodated. De Weerd: With which design? Rountree: With what's there. De Weerd: Right there? Rountree: Yeah. De Weerd: Yeah. Rountree: But whether you go to Jericho or whether you go south is a moot point. What Planning and Zoning wanted to have done is done now and that's a direct connection with Locust Grove. De Weerd: Okay. That's clear as mud. Would the applicant like to come forward. If you will, please, state your name and address for the record. Conger: You bet. Madam Mayor, Members of the Council, Jim Conger, 1627 South Orchard Street. First thanking staff, of course. We have been working on this for the last couple months and, actually, the P8Z Commission very much -- or, you know, need to thank them as well, it was not -- I mean it was a pretty lengthy meeting if you were to look at the minutes. I think touching, basically -- I didn't actually plan on addressing the stub roads, but we are. We have to come back if this property ever develops and it's an if. Everybody says when. But it's an if and when. We just wanted the language lose enough to be taken up when the preliminary plat is submitted, so the development agreement is in place that will get this stub road either to the west to Jericho or south out of the property. Obviously, very much needs to be connection either way. The Arcadia back in the day -- because we were also involved with bringing that through the entitlement process, so we are very very familiar with it. That was never really supported by the Ada County Highway District. We understand the City of Meridian at that time and maybe at this time still thinks Jericho is a better connection. That roadway has oversized right of way, but at no point was there any stub or any improvements that would facilitate this roadway. It doesn't mean you can't build them. Don't get me wrong, I'm not saying you can't, but it's vertical curb and gutter, it's detached sidewalk for walkability to the school and it's one hundred percent landscaped and maintained by the homeowners association of Arcadia. If this was a mandated plan to stub out of that comer, there is no way we would have gotten our construction plans approved without stubbing out of that comer and from a planning standpoint, if you look at the radiuses on the existing road coming out, you look at the radius required for our new road to come out, there is no good planning sense whatsoever to have an intersection, we just don't build intersections like that anymore. That's reminiscent of old streets and, yes, from a development mind we may have to go that way if this property develops and there is no other way to go, it may make more sense to go south when that time comes. The P&Z Meridian City Council November 10, 2009 Page 13 of 20 at the time and the City Council of the future times will have that opportunity to decide what's better for the city and what's better for the highway district and what's better for the neighbors, quite frankly. I don't think with our annexation we need to get locked into certain location of a connection when we don't even have a preliminary plat in front of you and it seems -- seems abit -- bit of a - I guess moot point to coin a phrase from Council Member Rountree. I will stand to any questions on that. Let me touch briefly on the Exhibit B of staffs, which is item 1.2, which is the items that will be inside the development agreement that is the -- obviously, as you know, the agreement that runs with the land that will dictate what happens to this property in the future. In that item one we did work hard with staff and, of course, the Planning and Zoning Commission. The CZC is our only issue of this report. This was not in the original staff report, so I -- I guess I stand here not thinking this was part of our Commission approval. The CZC is - - Ithink as staff alluded to, it is not used in a residential environment typically speaking. It is -- and it's two things. It's a bit of a financial burden that -- that's one item, but more than that, if you look at the application, CZC, all of it is -- is, basically, nonapplicable to the requirements that this land will have until it develops. So, I think we kind of have the wrong vehicle here to protect the city. We have a development agreement that will be in place. It's going to remove that contractor's yard. It's going to limit one house built on this five acres. If the city can't trust their development agreement for the building department to be able to read that or -- I mean what's to stop us from building three homes on this property, then? I mean I think that development agreement is in place and has to be the vehicle the city needs to trust and rely on to make it -- to protect with these conditions. Ithink the last item that I will hand out, so everybody doesn't have to look, is inside the Unified Development Code, which is what this property is being asked to live up to and what it will live to, if that's the code that's around, but it is the code we have today -- is Section 11-5B-1 is the certificate of zoning compliance code and Item B is applicability and it is crystal clear and I will read the sentence and, then, I will hand it out under applicability. These provisions, which is the certificate of zoning compliance, do not apply to single family detached dwellings or secondary dwelling units. This isn't the vehicle that's utilized for -- for compliance of residential dwellings. So, that -- you know, I'm basically going to bring my testimony to a close. I'm certainly willing to stand for" questions. We definitely want to adhere to that Exhibit B, which will be the conditions that are inside the development agreement. We are not trying to not adhere with anything. If we need to add an extra exhibit inside the development agreement that dictates exactly where the house is, my client's already willing to do that. There is no issue with that. The CZC -- I also attached the checklist for the CZC on the back of what I gave you -- is, you know, 95 percent unapplicable and items that would not be produced for this single building permit. Thank you. De Weerd: Thank you. Council, any questions for the applicant's representative? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council November 10, 2009 Page 14 of 20 Hoaglun: Jim, if we could go back to that overview slide again. Right there. Thank you. That property to the south, that still looks like afarm-type setting, that's not property that you own or your client owns; is that correct? Conger: Yeah. Madam Mayor, Council Member Hoaglun, that is not ownership. That's separate ownership. Hoaglun: Okay. Because what I'm trying to figure out is in the future if that property gets developed with the concept that is laid out here for the property that you're proposing, it will probably be, since they are similar in size, a similar linear development where you got a street coming down the middle of that and there is kind of that lane or demarcation line right through the middle. I don't think ACHD would allow them access to Locust Grove with the Segundo to the south and Commander to the north and I see that -- the stub coming off of Commander from the circle heading south would be an access point and, then, off of Tuttle Street to stub down farther to the west would be an access point and you would have this Z type of configuration and I think you raise a good point, we don't know what the future will hold for these developments, whether it's this property or that property, but if that's the case, we might still need that access point to Jericho if those -- there is no access out to North Locust Grove and that's how it gets developed, because they may not want that one to do L shape as proposed in the handout that -- that I saw. We are kind of beholding to them and you are too if they say, no, we are going to design our development this way and stub it out as I outlined to the circle and to Tuttle and before you have got the street they say, no, we want our property, we are kind of -- you know, not sure what we are dealing with there. But I have to agree with you that -- that street going onto Jericho is kind of funky and that's not atypical -- even though it's just a drawn section, it's -- it is rather unusual and it does look like it takes up a little bit of usable property there that I would assume would -- could be a collection basin and those types of things. But do you have any idea what's going to happen to the property to the south at all or if that's even being considered in the near term? Conger: Council Member Hoaglun, no, I am not aware of any planning activities with the properties to the south. Currently a house. Hoaglun: Thank you. De Weerd: Okay. Any further questions? Thank you. Is there any testimony that the public wishes to offer on this item? Okay. Staff, any further comments? Friedman: Not at this time. De Weerd: Council, anything further? If not, I would entertain a motion to close. Rountree: So moved. Bird: Second. Meridian City Council November 10, 2009 Page 15 of 20 De Weerd: I have a motion and a second to close. Item 9-A. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would repeat I guess my earlier discussion in that the location of this one house does not prevent all the previous thinking from happening and that is that I believe it should connect to Jericho. That would still allow this house to be built where they are proposing it. De Weerd: Thank you. Council, if there is no discussion I would entertain a motion or discussion. Zaremba: Let's see. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I'm still not convinced that the issue of through connectivity is an issue for this particular application. They may develop that as two executive lots and have a -- have ahammerhead or a circular turnaround at the end of Commander and access would go no further to the west. As Councilman Hoaglun indicated and on their Exhibit D they show a south connection stub. If that stub were ever to be there and at such time as the land to the south decided to develop, that stub would probably be required to be connected, as is the stub that already exists on Commander to the south. So, I think either option is an option. I don't know that I -- we want to preclude either one or the other. But given somebody's to opportunity develop whatever they might want to do on two and a half acres, they may not want to put that through. And now that we have access to the -- Locust Grove to the south of that particular site, I don't know that it's a matter of urgency. So, I think -- my position is I don't want to preclude either of the -- any of those options by saying they have to do it. I mean I could throw in another objection to the one bullet point and say they either extend it to Jericho, they stub it to the south, or upon final platting and they want executive size lots and want to change the zoning to R-1, they could do that. De Weerd: I guess, Council, in the past some of these questions are the exact reason why we don't annex without a plat. Rountree: Exactly. Meridian City Council November 10, 2009 Page 16 of 20 De Weerd: Just a new thought to throw in there. Hoaglun: So, Madam Mayor, to follow up with that comment and what we are annexing is five acres with a single residence to be built on that and, then, if they choose down the road to do something additional, then, they would come forward with -- with that plat. Zaremba: And the stipulation is that the single house not be built in such a way to preclude a through street. Rountree: Don't have a problem with that. Give the option to the landowner. Zaremba: And we deal with it when the plat comes. Rountree: Yes. Zaremba: Okay. De Weerd: Okay. Are we ready for a motion? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the annexation application AZ 09-006, subject to staff and applicant comments. Modify the DA provision, the third bullet point that starts out East Commander Street shall be extended through and indicate that at such time as the parcel is redeveloped that there will be an extension of Commander through the parcel. Zaremba: Madam Mayor? Rountree: And that the house be built in such a way on the applicant's Exhibit D that would not preclude the future extension. Hoaglun: I will second that and have an issue to discuss. De Weerd: Thank you. Hoaglun: For the maker of the motion, the requirement -- your motion would require the applicant secure a CZC? Rountree: No. I wasn't through, but that's okay. Hoaglun: Okay. Rountree: And that a CZC would not be required. Meridian City Council November 10, 2009 Page 17 of 20 Hoaglun: Okay. And I would approve that. Thank you. De Weerd: So, second agrees? Hoaglun: Yes. De Weerd: Okay. Any discussion? Okay. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carves. MOTION CARRIED: ALL AYES. B. Public Hearing: TE 09-018 Settlement Bridge Subdivision No. 6. Request for an 18 month Time Extension to record the Final Plat by Capital Development -SEC of N. McMillan Road and N. Locust Grove Road De Weerd: Okay. Item 9-B is a public hearing on TE 09-018. I will open this public hearing with staff comments. Friedman: Madam Mayor, Members of the Council, this is an extension for phase six of the Settlement Bridge Subdivision. The initial preliminary plat was approved in 2004 and the first five phases have been completed. The final plat for phase six, which is the final phase, was approved in 2006 and was to be recorded by March of 2008. In 2008 we did issue an administrative time extension for that final plat and that was valid until September 29th of this year. The applicant did file a timely request for this extension and we have reviewed the plat and the request for the extension and are recommending approval with no additional conditions, as we find that the plat as designed is compliant with the UDC, including the open space provisions. De Weerd: Thank you. Council, any questions for staff? Any comments from the applicant? Good evening. If you will, please, state your name and address for the record. Yorgason: Thank you, Madam Mayor. Dave Yorgason with Capital Development. Our address is 6200 North Meeker Place in Boise and the only comments I have is two. Thank you for giving my son the opportunity to say the Pledge of Allegiance tonight. De Weerd: Well, thank you for bringing the more important person. Yorgason: He's the smarter and he'll do just fine as he grows to maturity. Secondly, we agree with staff and appreciate their analysis and we just request for your extension tonight. Meridian City Council November 10, 2009 Page 18 of 20 De Weerd: Thank you. Yorgason: Thank you. De Weerd: Council, any questions for the applicant? Bird: I have none. Rountree: I have none. Hoaglun: I just had a comment for him. Appreciate your request for a time extension with our changes in our requirements and you have already met or exceeded those before we even did that, so I think that speaks to the quality of the development. So, thank you. Yorgason: Thank you. De Weerd: Thank you for being here. Yorgason: You're welcome. Thank you. De Weerd: This is a public hearing. Is there anyone else who would like to provide testimony on this application? Rountree: Madam Mayor? De Weerd: Yes. Rountree: Seeing none, I move that we close the public hearing for TE 09-018. Bird: Second. De Weerd: I have a motion and a second to close. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: ALL AYES. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the request for a time extension under TE 09-018. Hoaglun: Second. Meridian City Council November 10, 2009 Page 19 of 20 De Weerd: I have a motion and a second to approve. If there is no discussion, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: ALL AYES. De Weerd: We are at the end of our agenda. Council, just would like to remind you to set on your calendars for November 22nd, we will be having our community Thanksgiving. This year it will be Valley Shepherd Nazarene and would love to have you mark that down and join us that evening. Bird: What time? De Weerd: I don't know. Hoaglun: I believe it's 7:00 p.m. Zaremba: November 22nd the Sunday you mean? De Weerd: Yes. Zaremba: Okay. Hoaglun: It might be 6:00. De Weerd: 6:00. 6:00 o'clock. Thank you, Mr. Hoaglun. If there is no further business in front of this body, I would entertain a motion to adjourn. Rountree: So moved. Hoaglun: Second. De Weerd: All those in favor? MOTION CARRIED: ALL AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 8:02 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Meridian City Council November 10, 2009 Page 20 of 20 ~.-: Ii i ~~ i2OO9 MAYOR TA De WEERD DATE APPROVED '~ ~' `~or~o ~ ~'; JAYCEE . HOLMAN, CITY CLERK :. $~~L ~~ '% '~p~G~UST asp ~ o ,2O ~~• .~ Q, 4UNTY ` II~IAI~T~~ ~D~~ the Office of t(~-,e ~-~layor PROCL.~L~i.~I~ION 1Nhereas, nonprofit organizations help build and sustain healthy communities in our state while enhancing the quality of life for Idahoans and for others throughout the country; and "1Nhereas, thousands of nonprofit organizations based in Idaho contribute significantly to a viable economy by providing Idahoans with jobs, goods, and services, with expenditures of more than two billion dollars; and 1Nhereas, Idaho's nonprofit leaders are often entrepreneurs, creating new solutions to problems, and fill previously unmet needs in the areas of health, recreation, education, research, arts, social services, and more; and "YVhereas, the nonprofit sector works as a responsible partner with private enterprise and government to alleviate the most pressing social issues of our time; and "1Nhereas, nonprofit organizations often fulfill their missions by advocating on behalf of those who cannot advocate for themselves; and ~~ierefore, I, Tammy de Weerd, Mayor of the City of Meridian, do hereby proclaim, November 9t" through the 15t" to be: Nonprofit .~ltivareness 1Neek in the City of Meridian and encourage all our citizens to continue to recognize and support the nonprofit organizations in their communities. Dated this 10t" day of November, 2009. Tammy de Weerd, Mayor Charlie Rountree, City Council David Zaremba, City Council Keith Bird, City Council Brad Hoaglun, City Council Changes to the Agenda: None ~ECErv~~ rrov , 0 Zoos Items 8.A - Bl Annexation (A~09-006) CITY OF GCf ,,,„, CITY CLERKS OFFICE Location: The site is located east of Jericho Road, a '/a of a mile south of Chinden Boulevard and approximately 650 feet west of Locust Grove Road. Applications: Annexation of 5.02 acres from RUT to R-4 zone. Highlights of the Request: The applicant has applied to annex 5.02 acres from the RUT zoning district to the R-4 zoning district. At this time, the applicant is proposing to construct (1) single family detached home on the subject site with plans to subdivide the remaining property in the future. Currently, E. Commander Street is stubbed along the eastern property boundary and provides access for the future home. Upon future development of this property E. Commander Street may be extended through the site. Commission Recommendation: Approval at their October 1, 2009 public hearing. Summary of Commission Public Hearing: i. In favor: Jim Conger (Applicant's Representative) ii. In opposition: None iii. Commenting: Tyler Rountree and Marcel Goldberg iv. Written testimony: A letter was submitted by the applicant in response to the staff report. v. Staff presenting application: Bill Parsons vi. Other staff commenting on application: Pete Friedman; Scott Steckline Key Issue(s) of Discussion by Commission: i. Extension of E. Commander Street to Jericho Road. ii. The option of connecting with the stub street that currently exists at the northern boundary within the Madelyn Estates Subdivision. iii. Compatibility of the future homes with the existing homes in the area. Key Commission Change(s) to Staff Recommendation: i. The Commission modified DA provision #4 to include the option of a stub street to the south if a public street is available at the southern boundary with platting of the property. ii. The Commission, at staffs request modified DA provision #1 to include CZC approval prior to construction of the future home and placement of the home shall not prohibit the extension of E. Commander Street through the property. DA Provisions: (At the public hearing, the applicant was in agreement with the DA provisions recommended by the Planning and Zoning Commission.) • No more than one (1) single family home shall be constructed on the site until the property is subdivided in accordance with the Unified Development Code (C1DC). The future home shall not be placed on the site to impede the extension of E. Commander Street through the property. The applicant shall secure a Certificate of Zoning Compliance approval for the future home prior to the issuance of a building permit. • All future development (future plat) of the subject property shall comply with City of Meridian open space and amenity requirements in effect at the time of development. • The applicant shall submit elevations consistent with the Architectural Character objectives and guidelines listed in Section E. Residential Design Guidelines referenced in the Meridian Design Manual with any future preliminary plat application. • E. Commander Street shall be extended through the site and provide connectivity with Jericho Road located in the northwest comer of the site or as an alternative stub to the south if a public street is provided at the southern boundary with the platting of the property. • The outdoor storage of construction material and vehicles on this site shall cease with the annexation of the property. A building permit shall not be issued until the contractor's yard and vehicles are removed from the property. 11/10/2009 Outstanding Issue(s) for City Council: The connection of E. Commander Street with Jericho Road. The Commission modified the DA provision #4 to allow an alternative for a connection to the south if an existing street in available at the time of platting. Staff believes the extension of E. Commander Street to Jericho Road provides the more direct and effect connectivity between Locust Grove and Jericho and a stub to the south currently exists within the Reserve Subdivision. Written Testimony since P&Z Meeting: The applicant has provided a written response regarding the Commission Recommendations. The applicant requests the option to amend DA provision #1 to allow the attachment of an exhibit to the DA depicting the building footprint of the future home in lieu of the CZC approval as recommended by the Planning and Zoning Commission. Staff recommends that the Council approve the Commission's recommendation since the CZC provides a mechanism for tracking the precise location of the future home. Notes: 11/10/2009 MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 6A REQUEST October 27, 2009 City Council Regular Meeting Minutes AGENCY COMMENTS CITY CLERK: See Attached CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented of public meetings shall become property of the Clty of Meridian. MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 6B REQUEST Acceptance Agreement with Grange Group Art Guild for Display of Artwork in Initial Point Gallery AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Matertals presented at public meetings shat) become property of the CHy of Meridian. See Attached ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement's is made this 10th day of November, 2009 ("Effective Date', by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Grange Group Art Guild, an organization informally organized under the laws of the State of Idaho, whose address is 603 E, Kingsford Drive, Meridian, Idaho ("Artists"). (City and Artists may hereinafter be collectively referred to as "Parties.' WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, in response to the Call to Artists, Artists did submit a proposal, comprised of the materials attached hereto as Exhibit B ("Proposal', for the display of artwork in Initial Point Gallery; WHEREAS, on February 9, 2009, the Meridian Arts Commission ("Commission") reviewed the responses to the Call to Artists, selected Artists' work for display based on the Proposal, and recommended to the Meridian City Council that Artists' artwork, as depicted in the Proposal, be displayed in Initial Point Gallery; WHEREAS, at its regular meeting on February 10, 2009, the Meridian City Council adopted such recommendation and directed the Commission to work with Artists to establish a display of Artists' artwork in Initial Point Gallery; and WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artists shall personally deliver to Initial Point Gallery, on November 25, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artists and the Gallery Curator, approximately thirty to forty (30-40) paintings, which pieces shall substantially conform to the description of such artwork set forth in Exhibit B hereto. Artists shall be responsible for hanging such artwork on November 25, 2009 at the direction of the Gallery Curator, shall allow the display of such work in Initial Point Gallery from November 25, 2009 to December 31, 2009 in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on December 31, 2009, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artists ACCEPTANCE AGREEMENT INrrIAL PowT GALLERY DISPLAY PAGE 1 of 6 and the Gallery Curator. II. COMPENSATION AND SALE OF ARTWORK. A. No compensation. Artists shall display their artwork in Initial Point Gallery~at the pleasure of the Meridian City Council. City shall not provide compensation to Artists for services, work, and/or aay activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artists may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any artwork on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artists' work; any transaction related to the sale of artwork shall be handled solely by Artists. Artists acknowledge the Commission's request that Artists voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artists may remove such artwork from the Gallery, provided that the removed piece is replaced with another piece of artwork withintwenty-four (24) hours of such removal. Artists shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artists shall provide services described in this Agreement in a timely manner, as described herein. Artists acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or aay portion or component thereof, Artists shall coordinate any and all such activity with the Gallery Cure.tor. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artists for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto as Exhibit C, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibits A and C, does not reflect artwork as described and depicted in the Proposal set forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 Of 6 V. DISPLAY. A. Original artwork. Artists warrant that any and all artwork provided by Artists for display in Initial Point Gallery shall be, and is, original work conceived and created by Artists. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery, as City may desire for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artists shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artists' name. Artists hereby convey to City permission to use Artists' name for purposes of advertising, marketing, and public information, without violation of Artists' rights of privacy or any other rights Artists may possess under this Agreement, provided that City shall not use Artists' logo, if any, for any purpose without the express, written permission of Artists. D. Use of City's name. City hereby conveys to Artists permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artists shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. E. Removal of artwork b Ci Ci shall have the ri t to remove Artists' artwork from ublic Y tY tY ~ P display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48} hours, City shall notify Artists in the manner set forth herein. While it is intended that Artists' artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artists. F. Removal of artwork by Artists. Artists shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artists or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION. WAIVER AND IATSURANCE. A. Indemnification. Artists shall, and hereby do, 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 injury to persons or property, and from any and all losses ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 of 6 • • • and expenses caused or incurred by Artists, their servants, agents, employees, guests, and/or business invitees. B. Waiver. Artists shall, and hereby do, 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 Artists' performance of this Agreement, whether such loss or damage maybe attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artists' responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artists in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artists' persons, property, or interests; and/or of the Artists' employees or agents shall be the sole responsibility of Artists. Artists shall obtain all necessary insurance as may be required in order to protect Artists' insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artists shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artists have failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to ternnate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artists. C. Non-waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 of 6 VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artists are an independent entity, and their members or independent parties, and neither Artists nor the individual members are 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 Artists and City or between Artists and any official, agent, or employee of City. Artists shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artists shall comply with any and all applicable federal, state, and local laws. C. Non-Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artists shall not dis~rr~a+P against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cnmulative rights and remedies. All rights and remedies herein enumerated sha11 be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of dais Agreement is found by a court of competerrt jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. H. 5nccessors and assigns. Artists shall not subcontract or assign any of Artists' obligations under this Agreement that require or that may require their artistic talent or expertise. Artists may subcontract or assign obligations that do not require their artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, sha11 be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: ACCEPTANCE AGREEMENT INrrrni, PonvT GALLERY DISPLAY PAGE 5 of 6 Artists: Grange Group Art Guild Attn: Will Nelson 603 E. Kingsford Drive Meridian, Idaho 83642 (208)884-3225 will@wnelson.com Gallery Curator: Dwight Williams Meridian Arts Commission 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 887-6473 dwight5332@q.com C Emily Kane, Deputy City Attorney City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 (208) 898-5506 elcane@meridiancity. org Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN V'VI1'NESS WHEREOF, the parties hereto have executed this Agreement on the 10th day of November, 2009. ARTISTS: GRANGE GROUP ART GUILD Will Nelson STATE OF IDAHO ~~~ ) ss: Cou~y of ~-I!/~~ I HEREBY CERTIFY that on this ~ ~ ~ of ~~ 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared Wall Nelson, lalown to me to be the person who executed the said instrument, and aclmowledged to me that she executed IN WITNESS WHEREOF~~,l~my hand and affixed my official seal, the day and year in this certificate first above written. CITY OF MERIDIAN: Notary lic for Idaho Residing at O Idaho My Commission Expires: - / - oZ0/ BY: `~~~<<~nnnu~iii,~ .~ O •,, Tammy de erd, Mayor ~~~~,~y /,! .,~ .~ sy ~ .~ ~p~tPOR,gr~ '~ ~. Attest: _ ~~ Jaycee City Clerk - r ~~ ACCEPTANCE AGREEMENT ~. O,9 INTI7AL POINT GALLERY DISPLAY ~''.,,,,~C~p~~,+`~~`~~~~`` PAGE 6 of 6 • Exhibit A • Meridian Commission Call for Arfisfs: 2009 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the 2009 Initial Point Gallery Series, a series of two-month exhibitions in Initial Point Gallery. Initial Point Gallery is loEated on the third floor of Meridian City Hall (33 E. Broadway, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space-60 feet on either side of a generous space; featured artists or organtzations must be prepared to fill all or half of the gallery with their works. MAC requests that artists voluntarily donate to MAC 20'~ of proceeds from works sold due to their display in Initial Point Gallery. ELIGIBILITY: The 2009 Initial Point Gallery Series is to be comprised solely of professional-quality, ready-to-hang, two-dimensional, original art that is conceived and created by artists who live or work 1n Idaho's Treasure Valley. Artwork on paper and/or with mats must be under glass or acrylic. No piece will be displayed which: cannot be safely hung using the gallery's system; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements; selected artists or organizations will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2009 Initial Point Gallery Series must provide the following materia4s and information to MAC in order to be considered for selection. • Completed, signed Application 6t Acknowledgements form; Biography of the artist or informational statement regarding organisation; Letter of intent; • Up to five digital images representational of the artist/organization's work, on a CD; and • $35 gallery maintenance fee. Details and forms are available at the City's website, http://www.meridiandty.org or by a-mail request to mac@meridiancity.org. Materials submitted for consideration cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, February 6, 2009. „r. SELECTION PROCESS: The selection of art for the 2009 Initial Point Gallery Series will be made by MAC. MAC will notify a selected artist or organization that their work has been chosen for display in Initial Point Gallery by letter sent U.5. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; Appropriateness of subject and concept for a functioning government workplace; Consistency with City policy and community values; and Contribution to aesthefilc and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Skilled, experienced volunteers to assist with hanging and taking down each piece of artwork; • Track system for hanging art, using wires that are attached to hooks; • Space for artist information and/or an information board; and • Publicity of the exhibit through local media and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: 2009 Initial Point Gallery Series 33 East Broadway Meridian ID 83642 By a-mail: mac~merldiancity.org • Exhibit B • I~6eridicln Commission Applicotion ~ Acknowledgmenfs: 2009-INITIAL POINT GALLERY SERIES ARTIST/ORGANIZERCONTACT INFORMATION: Check one: O I am submitting this form as an individual artist. ~ 1 am submitting this form on t~batf pf an organfzati Artist/Org. Name: ~/LL ~t/E L s~,~v / ~it,~vdsrE ,~i~~.v ~ ~ y~6., Organizer name: ice` Lto./ ' E-mail address: _ Gt/i~L _ u/~sl~!„tort/. ~os~ Mailing Address: ~vo3 ~.~~s~ureo/ ,~~ . Physical Address: ~~ ' Phone numbers: .Day: - .c- Evening: ,~8~/-.~3z~_Cell: G~3i- ~90(~ APPLICATION OVERVIEW: Ghedc one: l7 I/we propose to fill one half of IMtial Point Gallery with artwork. ~I/we propose to fill the entire Initial Point Gallery with artwork. Number of pieces: 3 0 -,Y~_ Average sire of pieces: , /~ .k ~~ oK ~~sy APPLICATION MATERIALS: . „~ Completed: signed Application ~ Adviowledgements Form ~ Biography of artist or informational statenteirt regarding orgarti~ition, no longer than one 8h x 11"page; ~" A letter of intent, destxibing: ~'a. Artist/Organization's vision for andlor theme of the proposed display, mob. Number, dimensions, prices, and medium or media util9zed in the works to be displayed; e c. Arty publicity that the Artfst/Organtmtion plans to undertake ff selected; and/or ~ d. Any atypical issues or challenges regarodirrg hanging or display of the works proposed for display. d~` Up to five digital imp representational of the artist's/organization's work on a CD, resolution of ~ dpi at a minimum size of 5x7' ; ~ . jpg format: Please name each image fltewith art~t last name ar organization name and the title of the work (e.g.: name.titlejpg)."Materials submitted wiiltiot Ile returned. Damaged or non-corrrpl~rrt CDs and/or images will not be considered. Images wftl not be accepted v~ a-mail. ~ $35 gallery maintenance fee, check made payable to the Meridian Arts Commission. TMs fee is nonrefundable. ,~ .., ,,.. HANGING iNFORAAATiON: - Initial Point GallerX is equipped with a.tradc system for hangbtg exhibits. Artwork displayed in the gallery wRl be hung from cables using hooks, and therefore must ~ equipped with one D ring on the back of the frame, or two D r on the side rails on the bade of the frame, as illustrated below. Wires ar eyehooks may ngt be used for hanging, and dip frames are not allowed. Picture Hanging with Two Cables Picpue Flanging wNh One Cable • • Proposal submitted for coneideratton by the Meridian Arts Commission, re: /nitlal Point Qallery The Orange Group Artists Gufld respectfully request an opportunity to exhibit member paintings in the Gallery apace in the new Meridian City Hall. The Orange Group !8 composed of a diverse as~mbly of ardsts from across the Treasure Valley. All have studied painting with area artist tMll idelson.These studerns range from college students to seniors age 8o plus.The Gu11d is prhrtarUy cxrmposed of adults who have returned to pureuing ardstlc endeavors after raising families or upon retiring from a wide range of careers. Some are working professionais and former teachers,. AU palntlngs submitt~ are of a qualify in keeping with public viewing standards. Some have been shown nationafly and have achieved reoognitlon and awards M national competition. The number of wortcs reflects the variety of sizes proposed for exhibit There are a ooupte of larger worim and a mbE of standards (averaging 11x14 / 16x20 ). This group is also produdng a variety of miniatures and small pairriings. If the MAC gn~r~ts an exhibition h may ~ possible th inoorparate a vWdng appearance of addttlonal classic miniature paintings from east ~ art sodeflea There appears to be a resurgence of trrterest ,~ In the jewel like qualities of mWature pairrtirtgs which might appeal to the viewing pubflc. This would add to publicity notice with the area media. The Grange pubflshes a monthly news paper distributed throughout the neighboring communities which would feature coverage of an exhibR. Meridian's central location among the Grange facilities is ideal for this proposal. • Addendum The number of entries noted in our propo~l is based, in part, on timing of an exhibit. Late Summer (SeptJOct.) will allow for a schedule of palr~ttg throughout file coming summer months. Hopefugy this will be considered to reviewing our proposal. This would provide a time frame to accommodate the MAC n3qufrement for °original art°. Also, in defining inclusion of some larger works in our total number for exhibit, Guild member and Instructor WHl iVelson can provide original pieces commissioned by Idaho Powers environmental Department.These can be included along with a statement of purpose from Idaho Power...which maybe of interest to the general pubec. This would, of cour~, be subject to review and approval by the MAC. Please contact Will Nelson with any questions Commission members may have regarding the Grange Group Art Guild or content of the exhibit proposed U this form. ~~ z -~-~9 a' ~~ • • ~' Exhibit C • ACialOWL ~,DGMEN !, ~ hereby advrowledge the following stipulations and agree that 9f my/my organization's art work is selected for display at iMtial Point Gallery, such display shall occur subject to these general terms and conditions, as well as subject to other specific terms and conditions that shall beset forth in a separate, writtcm Acceptance Agreement between-myself and the City of Meridian. I specifically acknowledge that: i~ A. Before my work will be displayed in Initial Pohrt Gallery, I will be required to enter into an Acceptance Agreement with the City of Meridian establishing the specifiic terms and conditions of the display of the particular works displayed. B. If my work is selected for display 1n Initial Point Gallery, the City of Meridian and Sts agents will exercPse professional care in handling and severing all artwork displayed in Infttal Pofit Gallery, but cannot and will not assume liability for arty lass or damage. C. Arty insurance of the art work displayed in Initial Point Gallery shall be the sole respor~bility of the artist. 'The City of Meridian shall not provide ireruanoe to cover loss, theft, or damage of artwork displayed in Initial Point Gallery. ~j~- ~ D. dNhile artwork displayed in Initial Point Gallery may 1~ passively offered for ale by nu~ans of an informational table, beard, or handout as pro~-ided or allowed by the City of Meridian, no piece displayed in Initial Point Gallery may have a visible price tag. E. While it is intended that each exhibit fi initial Pofit Gallery will be displayed for cone- to two-month period, this per'tmi may be shortened by the City of Meridian for arty reason, without notice to the artist or organization. F. The City may display the work of more than one artist or organtr~tian in Initial Point Gallery at arty time, at the City's sole discretion. G. Art work submitted for display 1n Initial Point Gallery must ire original works conceived and created by the artist (or by artist members of the organization) submftting this application. H. Meridian City HaU 1s primarily a place of public business and Inidal Point Gallery is a public place. The City seeks to encourage artistic expression and public dialogue, but must shnultarteously errs<rre that City HaU is a place where citizens, employees, and visitors of dfirerse ages and perspectives feel ~ welcome and cotmfortable. To this end, only artists and artwork meeting the eligibility standards ~ described in the Call for Artis$ and following the terms set forth Irt the Acceptance Agre~nent shall be displayed in Initial Point Gallery. I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and conditions. '~ Signature: ~/~ ~ 1^/~ Print name: ~ L ` ~G S oN' Date: .2 ~ 3 - ~ 0 0 9' To propane an exhibition in Initial Point Gallery, please submit this foam, completed 1n full, with the required materials and fee, via U.S. mail, to: Meridian Arts Commission Attn: Initial Point Gallery 33 East Broadway Meridian ID 83642 Thank you fair your interest! MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 6C REQUEST Art Purchasing Agreement with Brian Schreiner for Art in Public Spaces AGENCY CITY CLERK: CITY ENGINEER: CITY PURCHASING DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CHy of Meridian. • ART PURCHASING AGREEMENT for ART IN PUBLIC SPACES This ART PURCHASING AGREEMENT FOR ART IN PUBLIC SPACES ("Agreement's is entered into this ~'~~'day of November, 2009, by and between the City of Meridian, Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City', and Brian Schreiner, whose address is 11055 Wampum Drive, Boise, Idaho 83713 ("Artist") (collectively, "Parties"). WHEREAS, City, by and through the Meridian Arts Commission, initiated the "Art in Public Spaces" collection of public art in order to make visual art part of the regular experience for those who visit Meridian's City Hall; to encourage dialogue about creativity in our community among the elected officials, community leadership, staff and visitors to the city's government center, and to provide inspiration far new ways of experiencing the arts; WHEREAS, City, by and through the Meridian Arts Commission, on or about September 1, 2009, issued the Call to Artists attached hereto as Exhibit A, requesting proposals for completed art pieces to be included in the Art in Public Spaces collection; WHEREAS, Artist responded to the Call to Artists by submitting for consideration a two- dimensional artwork entitled "Doorknob & Wren," created by Artist in 2005 using watercolor on paper, the dimensions of which are 42 inches in height by 30 inches in width ("Work'; WHEREAS, the Meridian Arts Commission, following due notice to the public, convened and reviewed submissions provided in response to the Call to Artists, which submissions included Work; WHEREAS, in accordance with its charge and the guidelines and criteria adopted by the Meridian Arts Commission and approved by City Council via the Call to Artists, the Commission identified Work as exemplifying the goals of the Art in Public Spaces project; and WHEREAS, this Agreement is intended to implement the purchase of Work in accordance with the terms described in the Call to Artists and such terms hereinafter provided; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereto do mutually agree as follows: 1. Sale. Artist hereby agrees to sell the Work to City at the agreed value of one thousand five hundred dollars ($1,500.00). Parties agree that this amount shall include Artist's commission, materials, framing and installation of the artwork. 2. Payment. City shall pay Artist for services rendered pursuant to this Agreement in the total amount of one thousand five hundred dollars ($1,500.00), which payment shall be made pursuant to the following method. To receive payment for services rendered, Artist shall complete the W-9 form provided and remit such completed form to Deputy City Attorney Emily Kane, 33 E. Broadway Ave., Meridian ID 83642, by 12:00 p.m. (noon) on Thursday, November 19, 2008. Upon receipt of the complete W-9 form from Artist and execution of this Agreement byboth ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 1 OF 5 Parties, City shall issue payment via check sent U.S. Mail to Artist within thirty (30) days. 3. Framing. Artist shall flame the Work or cause the Work to be flamed in accordance with the specifications provided and attached hereto as Exhibit B. The failure to comply precisely with each and every aspect of such specifications shall constitute a breach of this Agreement. 4. Delivery. Artist shall deliver the Work, framed in accordance with the prescribed specifications and ready to hang, to Deputy City Attorney Emily Kane, at 33 E. Broadway Ave., Meridian, Idaho by 4:00 p.m. on Friday, December 18, 2009. Acceptance shall be signified by written receipt, signed and dated, and provided to Artist upon receipt of the Work. Artist agrees to bear any risk of loss and/or damage until the City accepts the Work as set forth herein. In the event of loss or damage incurred prior to City's acceptance of the work, Artist shall return any and all payment received, upon which neither party shall have any further obligation under this Agreement. 5. Time of the essence. Artist acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 6. Installation. Artist shall be responsible for furnishing the Work or having such Work fiunished with the proper hardware for safe, durable, permanent hanging. The City shall be wholly responsible for the cost, labor, design, and placement of the Work's installation. 7. Copyright. The copyright for Work shall be held by City. Artist shall reserve no right to reproduce the Work in any manner or for any purpose, though Artist may request such right from City, which right City shall not unreasonably withhold. Any such right shall be conveyed in writing, and if not in writing shall not be considered duly or validly conveyed. City may use partial or complete images of such Work for promotional or other public use without further permission from Artist. While Artist shall make no claim to the copyright of the Work, Artist shall be identified as the creator of the Work, both in the vicinity of the original as publicly displayed, and in writing as to any reproduction of the Work by City for promotional or other public use. 8. Waiver and Relinquishment of Rights. Artist hereby expressly waives any and all right, title, or interest in said copyrighted Work. Artist understands that said waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, performance and display. Artist agrees to relinquish any and all rights, title, and interest to the Work developed in connection with this Agreement and hereby expressly waives any rights Artist has to said Work including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C., sections 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. section 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. ART PURCHASIlVG AGREENI>11VT -ART IN PUBLIC SPACES PAGE 2 OF 5 9. Moral right. City will use best efforts to avoid and/or prevent misuse of the Artist's name and/or misuse of the Work which would reflect discredit on Artist's reputation as as artist, or which would violate the spirit of the Work. 10. Display. It is the intent of City to incorporate Work into the Art in Public Spaces art collection to be publicly displayed at Meridian City Hall. Nothing in this Agreement, or otherwise, shall preclude the right of City to remove Work from public display, whether temporarily or permanently. 11. Alteration. If any alteration occurs to the Work after installation, whether intentional or accidental and whether caused by City or others, upon written request of Artist, the Work shall no longer be represented to be the work of Artist. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Work as provided for under Idaho or federal law, whether by statute or otherwise. 12. Restoration. If the Work is damaged, City shall consult Artist before any restoration efforts and shall provide Artist first opportunity to restore it, if practicable. City shall have the exclusive right to determine when and whether repairs and restorations of the Work shall be made. 13. Retransfer. If City, in any way whatsoever, sells, gives, bequests, transfers, or trades the Work, Artist shall have no right to obtain such Work or in anyway direct or prohibit such sale, gift, bequest, transfer, or trade. 14. Relationship of Parties. It is the express intention of Parties that Artist is an independent Artist and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. 15. Notices. Any and all notices required to be provided 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 Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Artist: Brian Schreiner 11055 Wampum Drive Boise, Idaho 83713 • ART PURCHASWG AGREEMENT - ART IN PUBLIC SPACES PAGE 3 OF 5 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. 16. Waiver and indemniScation. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from or in any way connected with or incident to Artist's performance of this Agreement except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further, Artist shall, and hereby does, indemnify, hold harmless, aad defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Artist's performance of this Agreement except for liability arising out of the concurrent or, sole negligence of City or its officers, agents or employees. 17. Discrimination prohibited. In performing services pursuant to this Agreement, Artist 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. 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. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 20. Non-waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 21. Assignment. Artist may not subcontract, assign, transfer, hypothecate or sell his rights or duties arising hereunder without the prior express written consent of City. Any subcontractor assignee shall be bound by all the terms and conditions of this Agreement. 22. Heirs and assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to Artist and City shall include their respective heirs, successors, assigns, and personal representatives. 23. Termination. If City determines that Artist has failed to comply with the terms and conditions of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms and provides a reasonable time to cure. If all defaults are not cured and corrected within a reasonable period as specified in the notice, City may, with no further ART PURCHASING AGREIIVIENT -ART 1N PUBLIC SPACES PAGE 4 OF S a notice, declare this Agreement to be terminated. Notwithstanding the above or any other provision of this Agreement, Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Artist This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. 24. Attorney`s fees. In any action by City or Artist for recovery of any sum due under this Agreement, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 25. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 26. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ~~'`day of November, 2009. AR STATE OF IDAHO ) ® ) ss: . County of ADA ) I HEREBY CERTIFY that on this ~ day of $rian Schreiner 2009, before the undersigned, a Notary Public in the State of Idaho, personally appeared Brian Schreiner, lolown to me to be the person who executed the said instrument, and aclalowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this c~rtii3cate first above written. Nota3y~ub7ic ~or~Idaho ~ Q Residing at Idaho My Commission Expires• V ~ CITY OF MERIDIAN: ~ '' G BY: ~ ~..•~GTg9 . .; Tammy d eerd, Mayor `~~,.~~''OF ~ ~ ~ ~ ~ ~",,,,,~~~ ~~ ~' .~+ •~` •~`l poi ''•, .o ~ Fo err ,,.,,, •... . Attest: ~lF of ta~~'° Jaycee olman = ~~ _ City Clerk ~ ~'-,'~O ~T ts~ ,, O ~, ~ ~' •, •~ P~ ART PURCHASING AGREENIE?NT - ART W PUBLIC SPACES PAGE 5 OF S • Exhibit A • Meridian 1 Commission Call for Artists: ~-rt in Public Spaces, Meridian City Hall ovERYIEw: The mission of Art !n Public Spaces is to make visual art part of the regular experience for those who visit Meridian's City Hall; to encourage dialogue about creativity in our community among the elected officials, community leadership, staff and visitors to the city's government center; and to provide inspiration for new ways of experiencing the arts. The artwork composing Art in Pubic Spaces wiU be located in the public corridors in the new city hal! located on the comer of Broadway and Meridian Road in downtown Meridian. EUGIBIt.il'Y: Any artist 18 years or older living or working in the Treasure valley. All entries must have been conceived and created by the artist submitting the work. Alt entries must be two-dimensions! works, and must be a minimum size of twenty-four by thirty-six inches (24"x36"). PROJECT BUDGET: The City has budgeted X1,500.00 per art piece for this pro3ect. This amount includes the commission for the artists, materials, framing and installation of the artwork. PROPOSAL REQUIREMENTS: Artists wishing to apply for Art !n Public Spaces must provide the following materials and information SUBMIT MATERIALS T0: Meridian Arts Commission Attn: Art in Public Spaces 33 East Broadway Avenue Meridian iD 83642 for each piece submitted. .. • Cover letter addressing the content of the work, its relationship to Meridian, dimensions, and date; Artist's r~sum~, address, phone number, a-mail address, and an artist or exhibition statement; One digital image of the unframed work, 30D-dpi, l0-inch maximum, .~pg flle on a PC•camFaHble CD; please do not attempt to send digital images via e-mail. DEADLINE: All submissions must be received by MAC by 4:30 p.m. on Tuesday, September ?.Z, 2009 at the address below. Please write "Meridian Arts Commission" on your entry ernelope. No late submissions will be accepted. Materials wiU be returned via U.S. Mail if a SASE is enclosed. No pick-up will be available. ACCEPTANCE: MAC will notify a selected artist that his or her work has been chosen for Art in Pr~b!!c Spaces by letter sent U.5. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; Appropriateness of sub3ect and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hatl. If your submission is selected you will be notified by mail and provided with an acceptance agreement and additional infon~natlon, including a timeline for delivery and payment. Far additional information please contact Emily Kane at 848-5506 or bye-mail at ekane~meridiancity.org. • • Exhibit B • • Aaeridian ~ Commission FRAMING SPECIFICATIONS Art in Pubec Spaces Project -Meridian City Haq ART ON PAPER {~c. Photography, watercolor paintings, drawings, etchings] Wood frame• Larson-Juhl #2275] 9 3/" Mahogany with 1"rabbet depth Mount:. Museum mount on acid-free foam core board attin Matboard to be Crescent Museum board #2238 8-ply White Width of the mat is 4" on all sides beyond the art image lass: Tru Vue Conservation Clear Hangin_ca: Security Lock hanging system ART QN CANVAS (Fx. Paintings on canvas, photographs on canvas) Wood Frame: Larson-Juhl #294519 3/a" Mahogany with 1 5/8" rabbet depth Mount: Stretcher bars Matting: None lass: None Hancaina: Security Lock hanging system • .~ MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 6D REQUEST Art Purchasing Agreement with Will Nelson for Art in Public Spaces AGENCY CITY CLERK: CITY ENGINEER: CITY PURCHASING DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: COMMENTS See Attached Materials presented at public meetings shall become property of the Cffy of Meridian. ART PURCHASING AGREEMENT for ART IN PUBLIC SPACES This ART PL.IRCHASING AGREEMENT FOR ART IN PUBLIC SPACES ("Agreement's is entered into this _~ day of November, 2009, by and between the City of Meridian, Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Will Nelson, whose address is 603 Kingsford Drive, Meridian, Idaho 83642 ("Artist's (collectively, "Parties"). WHEREAS, City, by and through the Meridian Arts Commission, initiated the "Art in Public Spaces" collection of public art in order to make visual art part of the regular experience for those who visit Meridian's City Hall; to encourage dialogue about creativity in our community among the elected officials, community leadership, staff and visitors to the city's government center, and to provide inspiration for new ways of experiencing the arts; WHEREAS, City, by and through the Meridian Arts Commission, on or about September 1, 2009, issued the Ca11 to Artists attached hereto as F~ch~bit A, requesting proposals for completed art pieces to be included in the Art in Public Spaces collection; WHEREAS, Artist responded to the Call to Artists by submitting for consideration atwo- dimensional artwork entitled "Island Dancer," created by Artist in 2008 using watercolor paint on three hundred pound Arches cold press rag paper, the dimensions of which are 19 inches in height by 27 inches in width ("Work"); WHEREAS the Meridian Arts Commissio folio due notice to the ublic convened and s ~ wmg P reviewed submissions provided in response to the Call to Artists, which submissions included Work; WHEREAS, in accordance with its charge and the guidelines and criteria adopted by the Meridian Arts Commission and approved by City Council via the Call to Artists, the Commission identified Work as exemplifying the goals of the Art in Public Spaces project; and WHEREAS, this Agreement is intended to implement the purchase of Work in accordance with the terms described in the Call to Artists and such terms hereinafter provided; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties hereto do mutually agree as follows: 1. Sale. Artist hereby agrees to sell the Work to City at the agreed value of one thousand five hundred dollars ($1,500.00). Parties agree that this amount shall include Artist's commission, materials, framing and installation of the artwork. 2. Paymenk City shall pay Artist for services rendered pursuant to this Agreement in the total amount of one thousand five hundred dollars ($1,500.00), which payment shall be made pursuant to the following method. To receive payment for services rendered, Artist shall complete the W-9 form provided and remit such completed form to Deputy City Attorney Emily Kane, 33 E. Broadway Ave., Meridian ID 83642, by 12:00 p.m. (noon) on Thursday, November 19, 2008. ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 1 OF 5 Upon receipt of the complete W-9 form from Artist and execution of this Agreement by both Parties, City shall issue payment via check sent U.S. Mail to Artist within thirty (30) days. 3. Framing. Artist shall frame the Work or cause the Work to be framed in accordance with the specifications provided and attached hereto as Exhibit B. The failure to comply precisely with each and every aspect of such specifications shall constitute a breach of this Agreement. 4. Delivery. Artist shall deliver the Work, framed in accordance with the prescribed specifications and ready to hang, to Deputy City Attorney Emily Kane, at 33 E. Broadway Ave., Meridian, Idaho by 4:00 p.m. on Friday, December 18, 2009. Acceptance shall be signified by written receipt, signed and dated, and provided to Artist upon receipt of the Work. Artist agrees to bear any risk of loss and/or damage until the City accepts the Work as set forth herein. In the event of loss or damage incurred prior to City's acceptance of the work, Artist shall return any and all payment received, upon which neither party shall have any further obligation under this Agreement. 5. Time of the essence. Artist acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 6. Installation. Artist shall be responsible for furnishing the Work or having such Work furnished with the proper hardware for safe, durable, permanent hanging. The City shall be wholly responsible for the cost, labor, design, and placement of the Work's installation. 7. Copyright. The copyright for Work shall be held by City. Artist shall reserve no right to reproduce the Work in any manner or for any purpose, though Artist may request such right from City, which right City shall not unreasonably withhold. Any such right shall be conveyed in writing, and if not in writing shall not be considered duly or validly conveyed. City may use partial or complete images of such Work for promotional or other public use without further permission from Artist. While Artist shall make no claim to the copyright of the Work, Artist shall be identified as the creator of the Work, both in the vicinity of the original as publicly displayed, and in writing as to any reproduction of the Work by City for promotional or other public use. 8. Waiver and Relinquishment of Rights. Artist hereby expressly waives any and all right, title, or interest in said copyrighted Work. Artist understands that said waiver includes waivers of the exclusive rights of reproduction, adaptation, publication, performance and display. Artist agrees to relinquish any and all rights, title, and interest to the Work developed in connection with this Agreement and hereby expressly waives any rights Artist has to said Work including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C., sections 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. section 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 2 OF S expressly waived. 9. Moral right'. City will use best efforts to avoid and/or prevent misuse of Artist's nacre and/or misuse of the Work which would reflect discredit on Artist's reputation as an artist, or which would violate the spirit of the Work. 10. Display. It is the intent of City to incorporate Work into the Art in Public Spaces art collection to be publicly displayed ax Meridian City Hall. Nothing in this Agreement, or otherwise, shall preclude the right of City to remove Work from public display, whether temporarily or permanently. 11. Alteration. If any alteration occurs to the Work after installation, whether intentional or accidental and whether caused by City or others, upon written request of Artist, the Work shall no longer be represented to be the work of Artist. Other than as specified herein, Artist specifically waives the right to claim any other remedy concerning the alteration of the Work as provided for under Idaho or federal law, whether by statute or otherwise. 12. Restoration. If the Work is damaged, City shall consult Artist before any restoration efforts and shall provide Artist fast opportunity to restore it, if practicable. City shall have the exclusive right to determine when and whether repairs and restorations of the Work shall be made. 13. Retra~nsfer. If City, in anyway whatsoever, sells, gives, bequests, transfers, or trades the Work, Artist shall have no right to obtain such Work or in any way direct or prohibit such sale, gift, bequest, transfer, or trade. 14. Relationship of Parties. It is the express intention of Parties that Artist is an independent Artist and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. 15. Notices. Any and all notices required to be provided 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 Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Artist: Will Nelson 603 Kingsford Drive Meridian, Idaho 83642 ART PURCHASING AGREENlENT -ART IIV PUBLIC SPACES PAGE 3 OF 5 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. 1 b. Waiver and indemnification. Artist waives any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from or in any way connected with or incident to Artist's performance of this Agreement except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. Further, Artist shall, and hereby does, indemnify, hold harmless, and defend City against any and all claims, demands, damages, costs, expenses or liability arising out of Artist's performance of this Agreement except for liability arising out of the concurrent or sole negligence of City or its officers, agents or employees. I7. Discrimination prohibited. In performing services pursuant to this Agreement, Artist 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. 18. Constriction 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. Entire agreement. T1nis Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified ar altered except upon written agreement signed by both parties hereto. 20. Non-waiver of breach. A waiver of any breach of any of the provisions of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions hereof. 21. Assignment. Artist may not subcontract, assign, transfer, hypothecate or sell his rights or duties arising hereunder without the prior express written consent of City. Any subcontractor assignee shall be bound by all the terms and conditions of this Agreement. 22. Heirs and assigns. This Agreement shall be binding upon the parties hereto, their heirs, successors, assigns, and personal representatives and references to Artist and City shall include their respective heirs, successors, assigns, and personal representatives. 23. Termination. If City determines that Artist has failed to comply with the terms and conditions of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement, City may terminate this Agreement in whole, or in part, at any time, by giving notice, in writing, to Agreement of any or all deficiencies claimed. The notice will be sufficient for all purposes if it describes the default in general terms and provides a reasonable time to cure. If all defaults are not cured and corrected within a reasonable period as specified in the notice, City may, with no further ART PURCHASING AGREEMENT - ART IN PUBLIC SPACES PAGE 4 OF 5 notice, declare this Agreement to be terminated. Notwithstanding~he above or any other provision of this Agreement, Artist shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. 24. Attorney's fees. In any action by City or Artist for recovery of any sum due under this Agreement, or to enforce any of the terms, covenants, or conditions contained herein, the prevailing party shall be entitled to reasonable attorney's fees in addition to costs and necessary disbursements incurred in such action. 25. Governing law. This Agreement shall be governed by the laws of the State of Idaho. 26. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the ~ ~~day of November, 2009. ARTIST: Will Nelson CITY OF MERIDIAN: BY: ~~~ Tammy e; Attest: Jaycee L.g City Clerk eerd, Mayor STATE OF IDAHO ~~ Courty of ADA ) I HEREBY CERTIFY that on this ~ day of 2009, before the undersigned, a Notary Public in the fate of Idaho, personally appeared Will Nelson, lmown to me to be the person who executed the said instrume~, and aclrnowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereu~:o set my hand and affixed my official seal, the day and ear in this certificate first above written. Notary Publ' for Idaho Residing at ca`,0 ~ Idaho My Commission Expires: - - 20 ~~~uuuurrirri~~i p~ ~. ~ ~. s ~ s ~y~ ,,~~~0, f C ~Q.```~. ART PURCHASII~iG AGREEN1EiVT - ART IN PUBLIC SPACES PAGE 5 OF 5 • • .• ,. ~,~~ - . 4 ~ ° o ,q O ..e 4 ° • ~' Exhibit A • Meridian 1 Commission Call for Artists: Art in Public Spaces, Meridian City Hall OVERVIEW: The mission of Art 9n Publlc Spaces is to make visual art part of the regular experience for those who visit Meridian's City Hall; to encourage dialogue about creativity in our community among the elected officials, community leadership, staff and visitors to the dty's government center; and to provide inspiration for new ways of experiendng the arts. The artwork composing Art !n Public Spaces will be located in the public corridors in the new city hall located on the comer of Broadway and Meridian Road in downtown Meridian. ELIGIBILnY: Any artist 18 years or older living or working in the Treasure Valley. All entries must have been conceived and created by the artist submitting the work. All entries must be two-dimensional works, and must be a minimum size of twenty-four by thirty-six inches (24" x 36"). PROJECT BUDGET: The City has budgeted $1,500.00 per art piece for this project. This amount includes the commission for the artists, materials, framing and installation of the artwork. PROPOSAL REQUIREMENTS: Artists wishing to apply for Art In Public Spaces must provide the following materials and information for each piece submitted. • Cover letter addressing the content of the work, its relationship to Meridian, dimensions, and date; • Artist's r~sum~, address, phone number, a-mail address, and an artist or exhibition statement; • One digital image of the unframed work, 300-dpi, 10-inch maximum, . jpg file on a PC-compatible CD; please do not attempt to send digital images via a-mail. DEADLINE: All submissions must be received by MAC by 4:30 p.m. on Tuesday, September 22, 2009 at the address below. Please write "Meridian Arts Commission" on your entry envelope. No late submissions will be accepted. Materials will be returned via U.S. Mail if a SASE is enclosed. No pick-up will be available. SUBMIT MATERIALS TO: Meridian Arts Commission Attn: Art in Public Spaces 33 East Broadway Avenue Meridian ID 83642 ACCEPTANCE: MAC will notify a selected artist that his or her work has been chosen for Art 1n Publlc Spaces by letter sent U.S. Mail. In reviewing eligible proposals or portfolios, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. If your submission is selected you will be notified by mail and provided with an acceptance agreement and additional information, including a timeline for delivery and payment. For additional information please contact Emily Kane at 898-5506 or by a-mail at ekane®meridiancity.org. • Exhibit B • • a • Meridian 1 Commission FRAMING SPECIFICATIONS Art in Public Spaces Project -Meridian City Hall ART ON PAPER (Ex. Photography, watercolor paintings, drawings, etchings) Wood frame: Larson-Juhl #227519 3/" Mahogany with 1 "rabbet depth Mount: Museum mount on acid-free foam core board Matting: Matboard to be Crescent Museum board #2238 8-ply White Width of the mat is 4" on all sides beyond the art image Glass: Tru Vue Conservation Clear HangincL Security Lock hanging system ART ON CANVAS (Fx. Paintings on canvas, photographs on canvas) Wood Frame: Larson-Juhl #294519 3/a" Mahogany with 1 5/8" rabbet depth Mount: Stretcher bars Mattin4: None Glass: None Hanging: Security Lock hanging system • MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 6E REQUEST Professional Services Agreement with Missoula Children's Theatre AGENCY CITY CLERK: CITY ENGINEER: CITY PURCHASING DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cily of Meridian. See Attached • PROFESSION~iL SERVICES ACRE ~` ~ WITS MISSOU71A C~LDREN'S TIfIEA.TIZE This PROFESSiO1V'AL SERVICES AGREEMENT WIITIY OULA CISII,DREN'S TIIEATR&(hereinafter aAgreement"~ is made this _~ day ofNovember, 2009 (the "Effective Date', by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (h~celnafter "Presenter', through fhe duly delegated Meridian Arts Commission, and the lV~oula Children's Theatre, a corporation organized under fhe laves of the State of Montana (hereinafter `~1llCT"). 'PVSL~REAS, the mission of the Meridian Arts Commission is tit develop, advance, sad nurture all facets of tbs ark to enhance the quality of Life for It~eridian- resicbnts and its visi~rs; WSCREAS, the mission of MCT is the development of lifesla'lls in children tbrongh participation in the performing arts; WHEREAS, the respective governing bodies of Presenter and MCT find that these missions complement each other and wish to work together to further the objeativas of both by bringing MCT to the Meridian connmtmity for a Realdeaay Tour, as descrTb~ in Fblt B hereto; F NOW, THEREFORE, for good and valuable consideration, the receipt and su~ieiency of which is hereby aakaowled$ed and agreed, and in consideration ofthe mutual promises and covenasrts h®rein contained, and in considers#on of the recitals above, which are incorporated herein, Preserver anal MCT agr~ as follows: L MCT Tonrinn Contractor The MGT Touring Contract, as modified by the deletion of the insurance and mutual e!• indemnification clause and attached hereto es ExFr~bltA, is incorporated herein by reference sad made a part of this Agreement as if set forth in its entirety in this Agreement. IL Mntnal Fadcmniflcatlon mad Insnrunce. • A. Presenter indemnities MGT. Pre~nter, its agents, successors, and assigns, shall indemnify end hold MCT, iii agents, successors and assigns, haanle~ from all alafms made against MCT xesulting from auy loss, injury, damage, cost or expense, including legal fees, to any person or property causes by Presenter's negligence. Insofar as housing, auditions, rehearsals, workshops, and/or performane~ related to dais Agreement are provided or held a# premises or facilities not held or controlled by Presenter, Presenter makes no warranty or promise as to the condition, safety, usefulness, or habitability of such premises or facilities. B. MCT indemnftYes Presenter. MCT, Its agents, successors, and assigns, shall indemnify and bald Presenter, its agents, successors and assigns, harmless from all claims made PROresstowai. S~v~ Aottes~tEN'c wrrs; Mtssouw- Cttu DItEl3'S TEiPATRB Paoa 1 of 4 against Presenter resulting from any low, injury, damage, cost or expense, including legal fps, to any person or property caused by Pr~niser's negligence. C. Worker's compensation. At all times during the course of this Agreement, MCT shall provide worker's compensation coverage in the amount required by law for each and every employee utllized in the oourse of performar-ce of this Agr~men~ ffi Comnensation and navment. A. Amount; Pres~ter shall pay MCT for professional services set forth herein at the rate of $2,650.00. B. PaymenE schedule. Due to the check issuance protocols of the City of Meridian Finance Depaetment, the following fiarms sha11 apply. Provided that this Agreement is signed by a duly authorized agent of MCT and provided to Presenter by noon on Thursday, November S, 2009, Preserver shall provide a $500.00 deposit to MCT by Novemlxr 23, 2009. If this Agreement is signed by a duly authorized agent of MCT and provided to Presenter after noon on November S, 2009, Framer shall provide a $500.00 doposit to MCT by ATovember 30, 2009. ' C. Payarenf method. Presenter shall provide the $500.00 deposit to MCT by check seat ' U.S. Mail. MCT shall send an invoice to Presenter for the remaining $2,150.00 residency ~ fee by Jamrary 22, 2010, &e. one {I} month pzior to the audition date. Fr~enter shall mail a check for that amount to MCT via U.S. Mail before February 27, 2010, the date of the ~ ~heduled perforwance. ~V. Not9lcss. All notices required to ba given by either of the parties hereto shall be in writing and be deemed s• communicated when personally served, or mailed via United Stag mail, addr~etl as follows: Donna IMrchel~n, Director, Tour Marketing Dept. Missoula Children's Theatre 200 North Adams Missoula MT 59802-4'118 Emily Kane, Depaty City Attorney City of Meridian 33 East Broadway Ave Meridian ID 83642 Either party may change its authorized representative aadlor address for the purpose of tb~is paragraph by giving wrii#en notice of such change to the other party in the manner heroin provided. PEOr~s~oi~u. 3eavrcas Ac~tr wrrx Mrssotn~- CFUI~RSN's THBA7'iLe PaG1E2 QF ~} • i V. Assifenment. Presenter shall not assign or sublet all or any portion of Presenter's interest in this Agreement or any privilege or right hereunder, efther voluntarily or involuntarily, without the prior written consent of MCT. MCT shall not a~ign or sublet all or any portion of MCT's hrterest in dais Agreement or any privilege or right hereunder, either voluntarily or involuatarlly, without the prior written consent of Presenter. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective orga~tions, legal representatives, successors, and assigns of the parties. VI. No anency. Neither MCT nor i#s employees, agents, contractozs, officials, officers, servants, guests, and/or invitees shall be considered agents of Presenter in any manner or for any Purpose whatsoever in MCT's use and occupancy of facilities at which auditions, rehearsals, worlsshogs, and/or performances are held. VII. Com~oliance with .l;aws. In perfonnin~g the scope of servic:as r~uixed h~mder, Presemrsr and MG°f shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. VIQ. Discrfm3natfon Proh3hitsfl. .. In performing the Services required herein, MCT shall not discriminate against an4Y person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. IX. Term of Aer~ment. ar This Agreement shall becxrme effective as of the Effeatavo Date upon execution by both parties, ' and shall expire immediately upon completion of ter-down following conelusivn of the final ahvw, or 5:00 p.m. on Fcbraary 27, 2018, whichever occrus first. X. Constrndion and Severabillty. If any part of ibis 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 r~annder of the Agreement is reasonably capable of completion. XI. Lrntire Anreement. This Agreement contains the entire agreemert of tine parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the exeontioa hereof or contemporaneous herewith. PttoF&ffilOf3AL SERVtc6s AQRBB~J9' wax Mrssaucn CtIII.DIiffi~f'3 T1iSA7ttli Paola 3 OF 4 • IOi. Ant~licable I.~aw, This Agreement shall be governed bq mid construed and enforced? in accordance witl- fihe laws of the State of Idaho. ~. ADDTOYaI RPAtI~f.'etl. This Agreement shall .not become affective or binding nndl approved by the respective governing bodies of both Presenter and MCT. IN WITNESS WHEREOF, fire partles shall cause this Agreement to be executed by their duly authorized officers to 1x3 effective as of the day and year first above wrl~n. MISSOUI, HILDREN'S T$EATRE: BY: ~~j'L~--~ Date: ~~ ~ J elson D' 11 ' STA77? O1~ MONTANA) I HBREHY CERTIFY that on this ~~day of ~101Rrrrt~r- . ?A09, before the ss: nnderaigned, a Ngg~taY Publio in ~e State ofMoatana, personatlY aPA~ County of ~~~w ) To•~.o, {htielnwRsep. ,lmown or proved rfl me to be the petson was executed the mid it, and aalatowledgad to me that she exeouted the ' same. IN WI1~t&SS WFIFRBOF, I have hereamto net ury hand and ati~xed my officiai , ~e dayand year hi this ~rtES~ #ttst above w. i .... ti~i~{ t I R.~idm~ ~No or `~na ~~ ~.w4 $ NOYSRY PiIBLtC MDrtsTANA l My como~tsston Expires: ~' E~'~ [~y CDtmtt f [~relt 20, ~1~ PRESL'NTER/CITY OF MERIDIAN: I ~ BY. ~ I ~ - I ~ - l~ Tammy a eerd Date ~Y~ ~.~`~~~y qq ~®~9~i Attest: ,, r ~=. -, Jaye H City Cleric =~ ~G~,_ ,~~ ~ '~. 9p T tgt . ~ ~~. •, 0~' ~~ ~~ ~ PROFE.SS:OMAL Smtvu~s A~lEBMIBiVT WrrH ML430UIJ- Cidt[.DRI~t'S TFiBATRB PACm 4 OR 4 • EXHIBIT A ~~ ~~ ,S • MC'P, fna 9 Ml~ul~, MT ~~7 8 ~~%~,Ul~ ~ 448.728-191 l Pam 4QS-72t-0837 oour~madaaar0 a~ww mcdnaorg 0 0 11 1 1 00 ~' TOWN: MERIDIAN STATE: !D PRlrSEP1TiNG OROANIZATIOW: MERIDIAN ARTS COMMISSION SHOW TITLE: PINOCCHIO (PIN-4) ACCT: 1D-MERI RESIDF.f~iCYWEEK: 2/22/20'I0~2l2?/2090 FIRST TIME N sp~clAL CIRCUMSTANCES: r3oobNO ID: ~ s~ se t i ', I~ AUDITION DAY (MON. OR *TUES.):_~(1~~(~AUDRiON DATE: ~~ ~Zf~~ TIME: i-l X30 {'TO ACCOMMODATE A TUESDAY AUDITION/, PERT= LACES MUST BE SCHEDULED ON SATURDAY) AUDITION LOCATION: ii~jQPt 1:8r~t~ ~~ ~ ~ 1 +~r- ~ri~,~Cn~,~_ REHEARSAL TIME: Ll ~ ~ 5 -Cod 15 ~n Co~`l5 - ~ ®y 5 REHEARSAL LOCATIONS (2 SPACES REQUIRED):, ~ ,{ C~`A'P7D PERFORMANCE DAY(S) & DATES}:_ S~ ~~. 2 -~~' AND J TIME(S): AND LOCATION: (SUCaOFSTED 3:OOPM $ 6:3flPM ON SATURDAY) GRADE LEVELS: KINDERGARTEN THROUGH 6' 6 7 8~,9 10 11 12 (~RI:QUiRBO MINIMUAA GRADE RANGk' ~' BASE RESIDENCY FEE: $2650.00 US ADDITIONAL WORKSHOPS (3 INCLUDED IN RESIDENCY FEE) ,_„75.0005 ADDITIONAL PERFORiV1ANCES (2 INCLUDED IN RF_S[DENCY FEE)_~$300.OOUSS IExr~a st=_RwcES twat a~ sra~~twl.e~ aT rnw~ of REStoe~ICYI TOTAL PAYABLE TO MCT: 2 X50 . o0 S ~• L .a.~ ..~ • FOR COtVTRACT DEPtJ317 OFFICE USE ONLY RECFJVED EtdTEREO RECENED t~(ECJtO AAlI~1tVT E1~iTERED ~J • MG°r, tms, ® 9 200 tdmth Adams ~ ~~~~~ tvll~ula,MT 59802-47t8 406.728-1911 thx: SOB-721-0637 ~~~~ ~vpa~rtcorg • 0 11 1 •• ' CANCELLATION POLICY: This Touring Contract and the $b00 deposit are due on the date indicated in•dte Contract. if not received on or within 76 days aftor that date, MCT may canal the restdenc~ end Presenter wUl receive an offtciat letter of C'anvellarion. To secure the date, ft Presenter cannot tlmeiy return the Contraot ar deposit. Presc~+tor must be granted an extension by MCT's Marketing Office. if Presenter provides written notioe of oanr~flation by oertftied mall not less than i20 days prior to the first day of the residency, the $500 deposk shall be refunded. ft MCT does not cecelve such wMtten rarrceUation notice at leas# 920 days prior to the residency, Presenter chap be Uable and wel be htvotosd for the $600. if Presenter wnaels within 80 days of the first day of residency, Pn3senlar shall be Uable and will be irnotced for hail of the base residency fee, tf Presenter canoeta within 30 days of the first day of the residency, Presenter shall be liable and wpl be Invoiced for the full reskterwy fee. ff unforeseen cires,mstances beyond Presenter's wntrol arise, such as an °act of God,° MCT wAl make a reasonable good faith effort to reschedule M a timely manner. CHANGE FEE: tP v~lthin 90 days of the frst day of the residency week Presenter opts to change a contracted reskency week to a later date in the same Tour season (summer or school year), a $50t3 fee shat( bo assessed. Date changes between Tour seasons are prohibited. NON-EXCLUStvITY: MCT does not grant any °tight of exclusivity° to eny Presenter. RELATIONSHIP OF PARTIES: This Contract shall not in any manner cor~tiEute, or be construed as, creating a partnership beNn~een the parties. • REGULATORY COMPLIANCE: Presenter shall be soiely responsible for caking all reasonably appropriate aotion to ensure that all Contract activities and eadi sudltion, rehearsal, wrorkshop and performanrs3 compUes with the applicable governmental regulations. BACKGROUND CHECKS: Crimhral background chadcs and fingerprinting have been completed by a nariorrally recognized oomparry on every member of the Tour Staff. Extensive personal and professiorml reference checks have also beor.~onducted by MCT's Human Resources Department. Should the Presenting OrgaNzetlon require addltionat background checks arrdlor ', fingerprinting, the Pre~nter shall pay all asso~ated fem. FEE: The total balance due, for ALL services rendered (lncluding extra workshoFs or perfcrmances scheduled of time of reslderrcy~, must t!e pakt an or before the day of rine performance. A $50.00 late charge will be added to the residency fee unless other arran~menis have bean negotiated with MCT prior to the residency. BOX OFFICE: Presenter Is solely responsU~(e for the prlc[ng and sale of tickets and is endtied to all Income from tk~cet sates. CASTING: There is no guarantee drat everyone who auditicns wUl be cast M the play. ADVt:RTISiNG & PUBLICITY: Presenter shall pay all wets for taral publicUy and pertormance promotion shall be paid by the Presenting Organization. MCT shalt furnish Presenter adth ONE (1) complete Presenter Information Packet (1'!P) on a CD and on-Une access, approximately NINETY (tt0} days prior to the residency, cantainirrg graphics, media releases, photo and rehearsal score. Additional materials may be purc~saed at Presenter's request. Presenter must Include MCT authorship cxsdlt and copyright Information on show program. Presenter is strongly encmuraged t0 glue rewgnitlon in their adverttsing to anyJall appropriate state arts councIlsffunding agerrcies for thalt support of Ere MCT touring program. HOUSING: Presenter shop provide housing a tothl of seven (7) nights for the two MCT Tour ActorlDirectors, Sunday to Sunday, regardless of ac~edule variations set by Presenter (I.e., Tuesday start, Friday shows}. [f the MCT Tour Marketing Office diclatea a Tuesday start or Friday shows, housing wlti be provided a fatal of {ti) nights, starring the night before the residency dudes begin and ending the momkrg after the last performance. Acxommodarions sha[I be private (one parson per room), clean, wmfortable and safe for the two Tour Actor/Dtreotors, either M a hoteiimotel or privale home(s), equ~ped with a phone land-lime or sufficient c:eil phone wverage. Providing meals for the Tour ActorlDirectors is optional. PARKING: Alt parking vests related to conducting the residency week (including lodging) wilt be paid by the Presenter. • MC°i', Ica Z40 Plardi Adams I++iis~Wa, MT 598txt-d?l8 ~~~ X728-191 { i~ ~IOb-721-~37 ~~ rrmaUhscarg a a • ~ ~t ~ ~ em .. VIDEO POLICY: Presenter may videotape the MCT production to sap or commerdaaly broadca~ subjec to the foltowMg: ^ 8roadc~sts may not ockxir sfmuifaneouslywRh the live peTformankx, of the play. ^ The right to broadcast a v{deotapelDVD of the performancre is Itmitaed to one broadk~st on a communttir aces station. ^ MCT must be credited ~ pr~ucer of the play. • Visual or oral credit must be Included on the videotapelDVD. Cred}ts for each particular show are included on rho Show Program Template In the Presenter Information Materials (wrhtch will be sent approximately 80 days grlor to the residency). • The vfdeotape/DVD must contain a vEeval or oral statement that videotapelDVD ~ only for personal use. ^ NVrftten permission from MCT is required for arty rebroadcast or public performance of the videotape/DVD. ^ The kxrst per vfd8otapeNVO shall Trot exceed thirty dollars US ($30.00). ^ MCT shall receive a complimentary copy of fire vldeotapelDVD. MCT SHOW T SHIRTS AND CDs: The MCT Taur ActorlOirectors may have show 7 shirts and/or music COs available for sale. Proceeds from the sale of these concessions are a part of the Tour ActodOirecbors weekly Income. This supplemental income helps maurtain low residency fees. Presenter may not use MCT logos or photos to create T shirts. A $300 penalty shag be assessed iF 1) T shirts are produk~d by Presenter or its agents using MCT togas or photos; 2) the MCT Tour AobarlDtrectors are prohibit~l from seiMg their T-shlr[s/CDs by Presenter. (f Presenter has an in-house policy on commiss~ns, the Tour ActorlD6~ectors must be informed of that policy during ttrelr call on the Tuesday Iwo weeks before the nasfdency, so [trey may alter the prices accardirtgty. Commissions wql not exceed 30°!o and will not apply If this notiflcatlon is not given. MCT are copyrighted, and thus may not be reproduced on any items to be sold ar dlstrbuted. Logos can be used for show program and advertising purposes only. WORKS1iOPS: Tfuee r~assroom workshops are Incuded In the wreak-bTtg residency. A Ilst of workshops ~ lndud~ In the :> Presenter Information Packet. Workshops wdll be scheduled' with ttre Tour ActodDlrek2aors and may (~ performed only in accordance writh the grasp size spec~lcaflons de~tled on the workshop Net. The worimhop scdiedute must be finalized and provided to the team by the er-d of the first day of the residency following r~earsals. If the ecTedule is not provided verbally of In writing by this deadline, workshops shag rrot be conducted during the wreak All assemblies are equivalent to the cost of thr~ workshops. ` IDCCHANGE OF SERVICES: Choosing to have only one performance does not change the fee, nor can a performance be traded fior extra workshops. PIANO AND ACCOMPANIST: Presenter st>sp provide a piano and accompanist as needed for rehearsals and p~formancres. The musical scare wiU arrive vuith the MC7 Team unless spacial arrangements have been made to receive a rehearsal score In advanra. A fee shall be assessed tnr a rehearsal score not retumal to MCT. In the unfortunate situa#lon tt>et an accompanist is not eecrored by the dress rehearsal and the cast is required to do the show a cappella, a $300 fee shall be assessed. ' SPACt_S: Presenter shag provide a min[mum of two (2) indoor reheat~t spaces within the same complex. The epacres shall be avaQable ~oughout the week, with addittonai workspaces available as requested by MCT prior to the residency. Presenter shall also provide a performance apace. AU performances must take place in the same venue. A fee of $300 U.S. wlUl ba assessed for a change of performance venues between shown. SET ASSEMBLY: The set wUl be assembled one tame during a residency wt the Presenter requl the set to a moved or disassembled prior to the culmination of performance(s) a fee of $300 U.S. s II be ssessed. MCT St©NED PRINTF-fl VGA ~~N 7m„L~~~ rQ~"" DATE Il DATE MCT FEDERAL ID 81- 332120 ! t3KG ID:' 'i3198 • ~fo/ do/i.9nA~ iLt. MCP, lna 200 North Adorns MLasoule, MT 59802-47718 ou X728-.91 I fmc:406~7z1•~37 no.~ aww matiaoorg 0 a 0~ • ® ~ ~ ~ ~ ~ 0 a s TOWN: MEI2IDiAN ~~ • gTATE:ID PRESENnNa ORGANIZATION: MERIDIAN ARTS COMMISSION MAIN CONTACT: MARY JENSEN MAILING ADDitES3: 3650 N PARK CROSSING AVE TOWN: MERIDIAN PHONE ~9: Za&34•~-423a FAX: TEAM CONTACT: MARY JENSEN STATE 1D PHONE #2: zIP: 83646 PHONE ~3: >r-MAIL: maryj®nsenhvme(~matl.com TITLE: MAILINC3 ADDRESS: 3650 N PARK CROSSING AVE TOWN: MERIDIAN PHONt; #~: 208-3444238 FAX: BILLING CONTACT: MARY JENSEN STATE: ID PHONE ~2: E-MAIL: maryjensenhome(~malLcom TI71E: Z1P: 83646 PHONE ~3: zIP: 83646 BILLIIao ADDRESS: 3850 N PARK CROSSING AdE TOWN: MERIDIAN STATE: ID PRESENTINd ORQr4A8ZATlON: a MAlN CQNTACT• TITt.E: {V1AIUNG ADDRESS: '3 3 ~ . TOWN, &TATE, ZIP: ~+ at II ~ Z PHONE ~'I: PHONE~x PHON~i: FAX: E-MAIL: TEA[+A CONTACT: TRLE: MAJIJNt3ADDRESS• - - -- TOWN, STATE, ZIP: PHONE ~1: PHONB#2 PHONED: FAX: enn~IL• •.~~,,,,~~ ,{~ , BILLING CONTACT: ~, TtTLE~~IA~ Gt ~ ~a-t~pr'vl~V BIWN(3ADDRESS: • TOWN, STATE. ZIP: {~P ~ ~i ~ ~~/i~~ aI. ~ f~ ~~ ~"i"~ • S ~..~(.'r3 C ~ °*+~'~ .w~ is Sn ~ ~~~ .~~0 ~ G ,irl ~ ~. ~~ _ ~1 ~ ;~;-. ~ ' Y ~,~ ` ify ~ r?rJ e -d~ ~ y.ti vn...~ ~f~ --- ~ MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 6F REQUEST Task Order # 10170 to Original Contract dated November 8, 2006 with Civil Survey Consultants, Inc. for Engineering Consulting Services in Conjunction with the Linder/Pine Intersection Utility Improvements Project for the Not-to-Exceed Amount of $10,955.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: See Attached OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Cffy of Meridian. ~~i~E IDIAN ~ Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Brent A. Blake, Sr. Engineering Technician II DATE: 11/Ol/200g SUBJECT: LINDER/PINE INTERSECTION UTILITY IIVIPROVEMENTS (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION Mayor Tammy o1e W¢eral ~~ Kith efrd Br®a Hao~gtun ~~ A. Move to: 1. Approve task order #10170 with Civil Survey Consultants, Inc. for engineering consulting services in conjunction with the Linder/Pine Inten~ection Utility Improvements project for the amount not to except $10,955.00, and; 2. Authorize the Mayor to sign Task Order #10170 II. DEPARTMENT CONTACT PERSONS Brent Blake, Engineering Technician II (Project Manager) 489-0349 Kyle Radek, Asst. City engineer 489-0343 Warren. Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 Page 1 oJ3 ~'" P III. DESCRI1sTION A. Background The City of Meridian periodically implements utility upgrade projects in conjunction with Ada County Highway District roadway project. Most of the projects implemented require adjustments to the City's existing utilities. The Linder/Pine intersection Utility Improvements project is an example of such projects. B. Proposed Project The consulting engineer previously provided the City with design services related to. this intersection project under Task Order #1-Utility Projects in Conjunction with ACHD Projects. However, the Ada County Highway District (ACHD) recently expanded the limit after delaying the project for two years. Therefore, this scvge of services will cover additional sewer and water improvements related to the project limits expansion and work required to upgrade the previous design to comply with'the City of Meridian's 2008 Supplemental Specifications to the ISPVITC. The Engineer will prepare bid item notes and special provisions for the identified items and provide the notes and special provisions to ACHD to be included on theer plans. The following are the identified items for this project: o Adjust approximately 3 existing water valves. o Adjust~water mains and water services where conflicts exist with new storm drain or irrigation pipes. o Abandon fire hydrant adjacent to Biddick Street. o Install new fire hydrant assembly near Biddick Street. o Rebate two existing water meters behind the new sidewalk. o Update existing desiga to meet the City of Meridian's 2008 Supplemental Specifications to th® ISPWC. o Coordination with ACHD's Consultant. o Pothole existing water main at 18 potential sites where it will cross the fufaue storm. drain or irrigation. 1V. IMPACT A. Strategic Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and faeili~tes that support the needs of oar grovviag community and ensure modern reIliable facilities while maintaining financial stewardship. • Page 2 oj3 • B. Service/Deliverv Impact• This project will save money for the Public Works Department by implementing the design of our utilities into the ACHI3 design plans. Hence, it would cost nuns money to have our consultant produce AutoCAD plans rather than having ACHD's consultant produce them. Money will also he saved due to the fact that the City will be working under ACHD's Storm Water Pollution Prevention Plan. C. Fiscallmpact: • Project Costs Consultant Agreement $10,955.00 Project Funding Enterprise Fund for Water Line Extensions $205,000.00 V. TIME CONSTRAINTS Council's approval will allow implementation of the Cry's utility design into ACHD's design for this project. VI. LtST OF ATTA,C)EiMENTS A. Task Qrder #10170 • Approved for Council Agenda: Tom Batry, Director of Public Works Date Page 3 oj3 TASK ORDER NO.10170 CITY OF MERIDIAN (OWNER) AND CIVII. SURVEY CONSULTANTS INC. (ENGINEER) This Task Order is issued by Owner and accepted by the Engineer pursuant to the mutual promises, covenants, and conditions contained in the Agreement between the above named parties dated November 8, 2006. CITY OF MERIDIAN L)[1VDER ROAD AND PINE STREET INTERSECTION UTILITY IMPROVEMENTS PURPOSE The Engineer's scope of services, time .of completion; and compensation shall be as set forth herein. Services shall generally be described as Engineering Consulting Services. TASK 10170 -DESIGN AND CONSTRUCTION Per the City's request, the Engineer will provide professional engineering services related to the design of new and relocated water and sewer system improvements to be constructed in conjunction with the Ada' County Highway District Project No. 306007. The engineer previously provided the City with design services related to this intersection project under Task Order #1 -Utility Projects in Conjunction with ACRD Projcxts. However, the Ada County District recently expanded the limits and delayed the start of the intersection project. This scope of services will cover additional sewer and water improvements related to the project limits expansion and work required to upgrade the previous design to comply with the City of Meridian's 2008 Supplemental Specifications to the ISPWC. The Engineer will prepare bid .item notes and special .provisions for the identified items and provide the notes and special provisions to ACRD to be included vn their plans. A separate plan set will not be prepared by Civil Survey Consultants. The Engineer's scope of services is as follows: Task 1-Design Water and Sewer System Improvements 1.1 Adjust approximately 3 existing water valves. • 1 of 3 1.2 Adjust water mains and water services where conflicts exist with new storm drain or irrigation pipes. 1.3 Abandon fire hydrant adjacent to Biddick Street. l.4 Install new fue hydrant assembly near Biddick Street. 1.5 Relocate two existing water meters behind the new sidewalk 1.6 Update existing design to meet the City of Meridian's 2008 Supplemental Specifications to the ISPWC. 1.7 Coordination with ACHD's Consultant. l .8 Pothole existing water main at 18 sites where it will cross the future storm drain or irrigation. Task 2 -Construction Document Preparation and Review Z.1 Revise existing bid item notes and special provisions to meet the City of Meridian's 2008 Supplemental Specifcatians to the ISPWC. 2.2 Provide ACHD's consultant with bid item notes and special provisions. 2.3 .Submit 2 full size physical copies of ACHD's 99p/w plans and the special provisions to City Engineering for review and QLPE, Engineer to revise plans as necessary. Task ~ -Construction Services 3.1 Provide one set of constructian stakes for the new fire hydrant assemblies. 3.2 Attend pre-construction meeting. 3.3 Answer any Y~FI's from the contractor about the design. 3.4 Prepare record drawings meeting the Clty of Mer#d~an Accepaance of Record/Edectronic Drawings, dated August 26, 2009. Cons~uction changes will be noted on a hard copy of ACHD's construction plans and then submitted to the City along with the required CD's. It wi11 be the City's responsibility to negotiate and execute the Joint Isffort Agreement for construction with ACRD. 1`IME OF COMPLIETIOI~i Engineering services will be completed as needed to construct improvements in conjunction with ACRD Project No. 30b007. 2 of 3 • COMPENSATION The Not-To-Exceed amount for this Task Order No. 10170 is Ten Thousand Nine Hundred Fifty Five dollars ($10,955). The hourly rate for services and direct expenses is per the previously approved Prevailing Fee Schedule effective October 1, 2006, and by reference made part hereof. CITY OF MERIDIAN MAYOR ~,~~~~~.. ~~ ~~~,,,,~~ .~`'~~`C~~y O~ O/~'~ ~'% Attest: ~ t~ AYC HOLMAN ~~ 9 t ~s~ • ~~~ ~,~' ~t1tJt`l VP •• BY: ~~~~~ TA11 de WEERD, Approved by City ~~) ENGINEER BY: 3 of 3 C~' • • Man-Hour And Fee Estimate City of Meridian Linder Load and Pine Street inte+~e>rtion Task description Protect MQ Chiet of 3 Pt~ect irtear Design 1 T@chnlClen I GPS Told Rows Ta$k Cos! Task 9 - n I rovemerda 1.1 ust W Valves 2 2 8170,Q0 1.2 Ad'ust Mains 7attd Senrirea 4 4 $340.110 1,3 AbandanFire rarrt 2 2 $170.00 1.4 Never Fire At}semb 2 2 $170.00 7.5 RBklcate Water Meters 4 4 $340.00 1.8 U ate.Fa~iaith+ 8 8 8880:00 1.7 Coordinetian with ACRD 3 3 $255.00 1.8 Pothole Water Main 4 2 2 8 $580.00 Task 2 - Pthn Pre ration 8 Review 2.1 Revise Noths and S bans 2 4 8 $554:00 2.2 Submit to ACHO 2 2 $170.00 2.3 n Review and I 8 8 80,00 Task 3 - Constructiwt Servk~ 3.1 Construction Staktn 2 8' 8 18 $1.050.00 3.2 Preconstrudion Meetin 2 2 $170.00 3.3 RFI Questions 4 4 $346.00 3.4 Record Drawln 8 4 4 16 $1.120.00 Total Man-Hours 2 0 0 59 14 14 89 58 765.00 Classittcation Hours Rate Total Pro Man r 2.00 10b.Q0 $290.00 Chlaf of Su 0.00 $1 AO 80.00 Pre act ineer 0.00 ~ti:00 $0.00 best n En irteer 1 59.00 $85.00 ,015.00 Desi n/Suro Technldan I 14.00 $70.00 $980.00 Labor Subtotal 75.1 $8.205,00 Classtffcatton Hrs/Miles Rate Total Misc. Prbitin ffi50.0 GPS 14.00 $40.00 $5 .00 Pathaltrt - Circle H Construction 18.00 .00 $4140.00 Direct Subtalal $4,750.00 Subtotal $10,985.Q0 Total Estimated Fees $10,955.00 taskorder101T0ads MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 6G REQUEST License Agreement with Nampa 8~ Meridian Irrigation District to cross the Vaughn Lateral in Two Locations with a Reclaimed Water Line and a Truck Sewer Line in Conjuction with the ACHD Franklin Road Project AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: See Aftached Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Ciy of Mertdtan. ~~i~E IDIAN~- P11bi1C IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd ~~ Engineering Technician II DATE: 11/2/2009 Mayor Tammy de Weerd car ee~ei~ ~em~~r Keith Bird Brad Hoaglun Chary Rountree Dwld Zaremba SUBJECT: LICENSE AGREEMENT WITH NAMPA & MERIDIAN IRRIGATION DISTRICT TO CROSS THE VAUGHN LATERAL IN TWO LOCATIONS WITH A RECLAIMED WATER LINE AND A TRUNK SEWER LINE IN CONDUCTION WITH THE ACRD FRANKLIN ROAD PROJECT. I. RECOMMENDED ACTION A. Move to: Approve the License Agreement with Nampa & Meridian Irrigation District to allow installation of a 12" Reclaimed Waterline and an 18" and 8" Trunk Sewer line that crosses the Vaughn Lateral in two locations in Franklin Road. These will be installed in conjunction with the ACRD Franklin Road Project from Ten Mile Road to Linder Road. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Clint Dolsby, Asst. City Engineer 489-0341 John Boyd, Engineering Technician II (Project Manager) 489-0364 Page 1 of 2 ®~ ~ / o III. DESCRIPTION A. Back rg ound 1. Any time our facilities cross an irrigation district canal, we must have permission from the appropriate district to install them prior to construction. This License Agreement complies with that requirement. IV. IlVIPACT A. Strategic act: 1. There is no Strategic Impact from this action. B. Service/Delivery Impact: 1. Without approval of this License Agreement the installation of the abovementioned utility lines cannot take place. This would cause a reduction in sewer services to residents North and South of Franklin Rd. and those properties cannot be serviced with Reclaimed Water. C. Fiscal Impact: 1. The License Agreement requires a fee be paid to Nampa and Meridian Irrigation District of $428.00 which includes recording fees. V. ALTERNATIVES A. Not Applicable VI. TIlVIE CONSTRAINTS A. Not Applicable VII. LIST OF ATTACHIVIENTS A. Nampa & Meridian Irrigation District License Agreement Approved for Council Ag~rxd . Tom Ba irector o lic or Approved for Council Agenda: Warren Stewart, Engineering Manager ~~ ~ o ~ Date Date Page 2 of 2 RINGERT ~~LAW Laura E. Burri Adam S. Christenson Jeffrey R Christenson David P. Claiborne S. Bryce Farris Jon C. Gould David Hammerquist Charles L. Honsinger " James r. Kaufman October 28, 2009 Jennifer Reid Mahoney James G. Reid ' Daniel V. Steenson John Boyd City of Meridian 33 E. Broadway Avenue, Ste. 200 Meridian, Idaho 83642 Re: Request for License Agreement with Nampa & Meridian Irrigation District Dear Mr. Boyd: Enclosed for review and signature is the original of the above-referenced License Agreement you requested on behalf of the City of Meridian. The License Agreement must be signed and notarized as indicated. Do not date page one of the License Agreement. If the original is executed and returned to me by November 11, 2009, I will be able to submit the license agreement to the District's Board of Directors for approval and signature at the Board's next meeting on November 17, 2009. The District will have the original recorded and I will return a copy to you. Please contact me if you have any questions or comments regarding this matter. Yours ery truly, ,~'" - ., ~~ ~ :% S. Bryce Farris SBF:kw Enclosure 455 South Third Street PO Box 2773 Boise, Idaho 83701 208.342.4591 FAX 208.342.4657 * also licensed m OR www r i n g e r t l a w.com *' also licensed in CO ADA COUNTY RECORDER J. DAVID NAVARRO AMOUNT .00 12 BOISE IDAH012111f09 06:16 AM RECORDED nREQUEST OF III IIIIIIIIIIIIIV'I'IIIIIIIIIIII I'll Nampa Meridian Irriga0on Disi 1 cd~ 13~U~E~ LICENSE AGREEMENT LICENSE AGREEMENT, made and entered into this ~_ day of a~l~y~-, 2009, by and among NAMPA &: MERIDIAN IRRIGATION DISTRICT, an irrigation district organized and existing under and by virtue of the laws of the State of Idaho, party of the first part, hereinafter referred to as the "District", and CITY OF MERIDIAN, 33 East Idaho, Meridian, Idaho 83642 party or parties of the second part, hereinafter collectively referred to as the "Licensee", WITNESSETH: WHEREAS, Licensee is the owner of real property/right-of--way for a Class "A" reclaimed water line and a sanitary sewer line (burdened with the easement of the District hereinafter mentioned) particularly described in the "Legal Description" attached hereto as Exhibit A and by this reference made a part hereof; and, WHEREAS, the District owns the irrigation ditch or canal lozown as the VON LATERAL (hereinafterreferred to as "ditch or canal"), an integral part of the District's irrigation works and system, together with the easement therefor to convey irrigation and drainage water, operate, clean, maintain, and repair the ditch or canal, and access the ditch or canal for those purposes; and, WHEREAS, said ditch or canal and easement crosses and intersects Licensee's real property as shown on Exhibit B attached hereto and by this reference made a part hereof; and, WHEREAS, the Licensee desires a license to engage in construction or activity, or approve existing conshliction or activity, affecting said ditch or canal or the District's easement in its course across the lands of the Licensee in the manner and under the terms and conditions hereinafter set forth; and, WHEREAS, it is necessary that the District protect ditches and its right of way along its ditches; NOW, THEREFORE; for and in consideration ofthe premises and of the covenants, agreements and conditions hereinafter set forth, the parties agree as follows: 1. The Licensee shall have the right to modify the said ditch or canal or encroach upon the District's easement along said ditch or canal in the manner generally described in the "Purpose of License" attached hereto as Exhibit C and by this reference made a part hereof. Any modification of said ditch or canal by the Licensee or encroachment upon the District's easement along said ditch or canal shall be performed and maintained in accordance with the "Special Conditions" stated in Exhibit D, attached hereto and by this reference made a part hereof. Any difference or discrepancy between the items listed in Exhibit C, "Purpose of License," and any plans or drawings referenced in or attached to Exhibit D shall be resolved in favor of Exhibit C. Licensee shall only be permitted or allowed to modify the ditch or canal or encroach upon the District's easement as described in Exhibit C even if any plans or drawings referenced or attached to Exhibit D provide or show otherwise. 2. 'Phis agreement pertains only to the Licensee's modification of said ditch or canal or cncraachment to the District's casement for the purposes and in the manner described herein. The Licensee shall not change the loeaticm of the ditch or canal, bury the ditch or canal in pipe, or otherwise alter the ditch ur canal in any manner not described in this agreement without first obtaining the written permission of the District. 3. lack facility ("facility" as used in this agreement means any object or thing of any nature installed in or on the District's easement by the Licensee or the Licensee's predecessor in interest) shall be constructed, instal led, operated, maintained, and repaired at all times by the Licensee at the cost and expense of the l.icenstie. 4. Licensee agrees to construct, install, operate, maintain and repair each facility and conduct its activities within or affecting the District's casement so as not to constitute or cause: a. a hazard to any person or property; h. an interruption os interference with the t7ow of irrigation water in the ditch or canal or. the delivery of irrigation water by the District; c. an increase in seepage or any other increase in the loss of water from the ditch or canal; d. the subsidence of soil within or adjacent to the easement; e, any other damage to the bistrict's casement and irrigation works. 5.. The Licensee agrees to indemnify, hold .harmless, and defend the District from all claims fur damages arising out of any of the Licensee's construction or activity which constitutes or causes any of the circumstances enumerated in the preceding paragraph, 4.a. through 4:e., or any other damage to the easementand irrigation works which may be caused by the construction, installation, operation, maintenance, repair, anti any use or condition of any facility. G. Liccnsa• agrees that the work performed and the materials tiled in such construction shall ai all times be subject to inspection by the District and the District's engineers, sad that final acceptance of such work shall not be made until all such work and materials shall have been expressly approved 6y the District. Such approval by the District shall not be unreasonably withheld. 7. The District reserves the right, at the District's option, to remove any facility installed by the Licensee and tg repair any alteration by the Licensee of said ditch or canal and the easement therefor which. tines not comply with the terms of this agreement. and to remove any impediment to the flow of water in said ditch or canal and any unsafe condition ar hazard caused by the Licensee. at any time. and the Licensee agrees to pay to the District, on demand, the costs which shall be reasonably expended by the District for such purposes. Iftl~e Licensee shall fail in any respect to properly maintain and repair such facility, then the District. at its option, and without impairing or in anywise at~ecting its other rights and remedies hereunder. shall have the right to perform the necessary maintenance and repairs aadthe Licensee agrees to pay to the District, on demand, the cost or expense which shall be reasonably expended or incurred by the District i'or such purposes. The District shall: give reasonable notice to the Licensee prior to the District's performing such maintcnancc, repair or other work except that incases of emergency the District shall attempt to give Such notice as reasonable under the circumstances. Nothing in this paragraph shall create or suppcxt any clam cff any kind by Licensee or any third party against the District far faiture to exercise the options stated in this parngrttph, and Licensee shall indemnify, hold harmless and defend the District from any claims made L1CIrNSE AC;RCElV1ENT -Page 2 • against the f)islrict arising out of or relating to the terms of this paragraph except for claims arising solely out of the ni~ligcncc ol'the District. 8. Neither the terms of this agreement, the permission granted by the District to the Licensee, the Licensee's activity which is tote subject of this agreement, nor the parties exercise of any rights or pcrt'orsnancc o!'any obligations of this agreement, shall be construed or asserted to extend the applicatian o I'any statute, rule. regulation, directive or otherrequit~ement, or the jurisdiction of any federal, state, or other agency or otlicial to the District's ownership, operation, and maintenance of its ditches, canals, drains. irrigation works and facilities which did not apply to the District's operations and activities prior to and without execution of this agreement. In the event the District is required to comply ~vith any such reysiiremients or is suhjcc;t to the jurisdiction of any such agency as a result ofrxecution of this agreemett or the Licensee's activity authorised hereunder, Licensee shall indemnify, hold harmless and defend the District ii-om all. costs and liabilities associated wish the application of such laws or the assertion of such jurisdiction or, at the option of`the District, this agreement shall be of no force and effect and the Licensee shall cease sell activity and remove any facility authorized by this agreement. y. In addition to all other indemnification provisions herein,. Licensee further a~cc~s to indemnify, bald harmless and defend the District from any injury, damages,.claim,lien; cast and/or expense (including reasonable attorney's fees) incun~ed by, orasserted against, the District by reason of the negligent acts or omissions of I.iccnsec or its agents, contractors or subcontractors in performing the construction and uctiviiics u~tthorizcd by this agreement. 1 Q. 'g'hc Licensee agp•ccs that the District shall not be liable for any damages which shall occar to any facility, structure, plant, ar any other improvement of any kind or nature whatsoever which the I.ictnaee shall install on the said easement area ofthe District in the reasonable exercise of the rights of the ° District in the course of performance of maintenance or repair of said ditch or canal_ The Licensee further a~-rcrs to su.p~;nd its u,c of the said eascrstent area when the use of the easement area is rcyuircd by the [)istrict for maintenance ur rcpatr under this or any other paragraph ofthis agreement. l 1. Licensee shall place no structures, pathways or landscaping ofany kinci.above or within the l}istrict's easement area except as referred to in this agreement or exhibits hereto without the prior written consent of the Iistrict. Nor shall Licensee permit, authorir_c or grant any other person or entity to excavate, discharge, construct or place any structures, pathways or landscaping within the District easement without the prior written consent of the District. l2. Should either party incur costs or attorney fees in connection with efforts to enforce the provisions afthis agp-remcnt, whether by institution of suit or not. the party rightfully enforcing or rightfully resisting cnfarcrnxnt of the provisions of this agreement, or the prevailing party in case suit is instituted, shall be cntittcd io rcimbursemenl for its costs and reasonable attorney fees from the other. party. 13. 'I'tte parties hereto understand and agree that the District has no right in any respect to impair the uses and purposes of the irrigation works and system of the District by this agreement, nor to g~r-t any rights in its irrigation works and system incompatible with the uses to which such irrigation works and ~;ystcm urc devoted. and dedicated and that this contract shall be at all times construed according; to suih principles. i.iCEsNSE AGKIL'MI:N'1' -Page 3 • 14. Nothing herein contained shall be construed to impair the right of way of the District in the said ditch or canal and al l uses of said ditch or canal by the Licensee and the license herein provided therefor shall remain inferior and subservient to the rights of the District to the use of said ditch or canal for the transmission and delivery of irrigation and drainage water. 15. In the event of the failure, refusal or neglect of the Licensee to comply with ail of the terms and conditions of this agreement, the license of the Licensee under the terms hereof inay be terminated by the District, and any facility, structure, plant, or any other improvement in or over said ditch or canal, and the right of way therefor, which may impede or restrict the maintenance and operation of such ditch or canal by the District with its equipment for the maintenance of its said ditch or canal may be removed by the District. ] 6. The Licensee agrees to pay attorney fees or engineering fees charged by the attorney for the District or by the engineers for the District in connection with the preparation of this License Agreement or in connection with negotiations covering the teens and conditions of this License Agreement. Licensee also agrees to pay any fees incurred in connection with the recording of this Agreement. 17. Nothing in this agreement shall create or support a claim of estoppel, waiver, prescription or adverse possession by the Licensee or any third party against District. 18. This agreement is not intended for the benefit of any third party and is not enforceable by any third party. 19. if any provision of this agreement is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, all remainingprovisions ofthisagreement shall remain in full force and effect. 20. The word "Licensee", if used in the neuter in this agreement, includes the masculine and feminine genders. the singular number includes the plural, and the plural number includes the singular. The covenants, conditions and agreements herein contained shall constitute covenants to run with, and running with, all of the lands of the Licensee described in said Exhibit A, and shall be binding on each of the parties hereto and on all parties and all persons claiming under them or either of them, and the advantages hereof shall inure to the benefit of each of the parties hereto and their respective successors and assigns. NAMPA & MERID N IRRIGATION DISTRICT ~~ ~ By Its President ATTEST: Its See~etaiy ~~ ®~~~`~~° Qs LICENSE AGItEEMEN"f -Page 4 ~~ CITY OF MERIDIAN ,~~ y O~ EIAB' rr~~~.'' ATTEST: ? G `~Gp~POR,gT~O °'~ ~'~~Ta = M 9~ ~O `` STATE OF 1DAI-IO ) '~'/~~~iqr+rrj11,~~~~`~ ss: County of Canyon ) On this ~_ day of ~~P~r.~r~ , 2009, before me, the undersigned, a Notary Public in and for said State, personal ly appeared Clinton C. Pline and Daren R. Coon, known to me to be the President and Secretary, respectively, ofNAMPA & MERIDIAN IRRIGATION DISTRICT, the irrigation district that executed the foregoing instrument and acknowledged to me that such irrigation district executed the same. IN W I"fNE'SS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this cerliiieafe firsto l~~y~.~}{~avo~en. ~',, ea°~ RA Tr7, °°°o ~">: %, ww ////,/ mow/' d °°° ~~oee°es°°C0 f As .,,` ~W+^~ 4' l ~vY e° oe° oT ~R °°, ~ ' `,, Notary Public for Idaho o ~ o ~' ~°®y ~ ,~ a `- Residing at ,Idaho ® ~~ ~ My Commission Expires: 7~ atl t ~ '.~ a p~B1,~ m m ~~ ~ p ~ STATE OF IDAHfl~ )s°°~~`~l•°°O°°seO°°°°°®~o~ee° ~i ,~ )SSode1ioaoA~ O17 ~~ ~°0° v;, °eeaaeereeos County of Ada ~.~ ~ ~„ On this (~~~'m~"~~~~? , 2009, before me, the undersigned, a notary puhlic in and for said state, personally appeared 7 w, b ols gr, ~'r) and cee m.ad\ known to me to be the rll~a~ 02 and ~~-~,., Q (,Q .~(Ltt_ ,respectively, oft e CITY OF MERIDIAN, the political subdivision and municipality that executed the foregoing instrument, and acknowledged to me that such entity executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. ©p00F1B t ~ OD©~°' ~®~®04 ® i~' ®~ k8~ p„ tl~b 4~~~ . ~'" ®~; ® , a ~ 4 d ~ ~ n `, LICENSE AGREEMEI~'~'°-fie 5 Notary Publi or' Residing at h , My Commission Expires: t "1 FX [IiIT A Legal Description Aright-of-way.far a sanitary sewer line and Class "A"reclaimed water line located within tine road right-af--way for Franklin Road, between Linder Road and Ten Mile Road, in Sections 14 and 11,'1'ownship 3 North, Range I West. 13.M., Ada County, Idaho. rx 1>3 c 1'~trpose of License The purpose of this License Agreement is to permit and apprave Licensee to: 1. canstruci, install, maintain and repair an 8 inch sanitary sewer line across and under the Vaughn Lateral and v~ithin the District's ~asemerrt; ?. construct, install. maintain and repair a l2 inch reclaimed water pipeline across and under tl~e Vaughn Lateral at two locations within the right-of-way for lranklin Road and within the l7islrict's easement; and 3. construct, install, maintain and repair an 18 inch sanitary sewer line across and under the Vaughn Lateral and' within the District's easement, all within.Liccnsce'sright-of--way described in Lsxhibit A. located within the road right-of-array far Cranklin Road, between Linder Road and'Teri Mile Road, in Meridian. Ada County, Idaho. No other canstruction or activity is permitted within or affecting the Vaughn Lateral or the District's easement IsXH113i'i' D Special Ct~nditions a. The construction described in Exhibit C shall be in performed in accordance with certain plans consisting of faur shc~cts attached hereto asExhibit D-1 and by thisreferencc incorporated herein. 'The crnssings shall be constructed below existing ar new pipe for Franklin Road and shall constructed by boring il' during the irrigation season or by trenching below the pipe for the Vaughn Lateral if during the non- irrigation season. b. 'l`he Licensee rcciognizes and acknowledges that the 1 icense granted in this agreement by the District pertains only to the rights ofthe District asp owner ofan easement. The District has no right ar power to create rights in the Licensee affecting the holder oftitle to the property subject to the District's easement. Any such rights affecting fee title must be acquired by the Licensee from the holder of title to the property. Should Licensee fail to obtain such rights from the holder oftitle to the property or should the rights obtained prnvc Icgaily incl"fectual, Licensee shall hold harmless, indemnify and defend the nistrict from any claim by any party arising nut o1'ar related to such failure of rights and at the option of the District this agrc~cment ,hall be of no force and ctTcct. c. Liccn~:e represents that Licensee has complied with all federal, strafe or other laws. rules, regulations. directives or other requirements in any form regarding environmental matters, and specifically these relating to pollution control and water quality, as may be applicable under the subject matter, terms or pertormanceot'thisa~ccmcntbroadlyconstrued. Licerrseerecognizositscontinuingdutytocomp~ywith Llt'ENSE AGRI/EM[:NT -Page 6 • all such requirements that now exist or that may be implemented or imposed in the future. By executingthis a~-reement the District assumes no responsibility or liability for any impact upon or detnadation of water quality ar tln~ environment resulting from the discharge or athcr activity by Licensee which is the subject of this agreement. d. Licensee hereby indemnifies, holds harmless and shalt defend the District from any and all penal#ies, sanctions, directives, claims or any action taken. or requirement impo~d by arty party or entity, public or private. with respect to environmental mattersrelating to the subject matter, terms or performance pt'this a~~reement unless the District shall be solely responsible for the condition or activity which gives rise to any such penalty, sanction, directive. claim, action or requirement. e. In the event the District is required by any governmental authority to acquire orcumply with any permit or other operational requirements associated with Licensee's discharge and other activity which is the subject ot'this at,~•cc:ment, Licensee shall indemnify, hold harmless and defend the District fotrn all costsand liabilities associated with such permit and other requirements, including but not limited to all casts arsuc:ated with all permit acquisition, construction, monitoring, treatment, administrative, filing and other reyuircmcnt:;. f: '1'lte parties to this agreement recognize this license agreement is an accommodation to I.icrnsee. 'l'ire District by this agreement does not assume, create, or exercise legal or other authority, either ~xprrss ur implied, to regulate control, orpcohibit the discharge orcontributyon ofpollutants orcontaminants to the District's fariliti~~ or to any groundwater, waters of the State of Idaho or the United States, or any other destination. Such authority, to the extent that it exists, is possessed and exercised by governmental environmental agencies. g. l,iccncrc~ shall not excavate, discharge, place any structures, nor plant any trees, shrubs or landscaping within the District's easements, nor perform any construction ar activity within the District's casement i'ur the Vaughn Lateral except as referred to in this agreement or exhibits thereto without the prior written consent oi'the District. h. [ acensee acknowkedges and confirms that the District's easement for the Vaughn Lateral includes a sul'ticicnt area of land to convey irrigation and drainage water, to operate, clean, maintain and repair the Vaughn Lateral, and to access the Vaughn Lateral for said purposes and is a minimum of40 feet, 2U reel to either side ai'the centerline. i. Construction shall be completed as part of the Franklin Road (Ten Mile to I.indcr) road project and shall be compkKed prior to December 3l. 2012. Time is of the essence. [,IC'1:N51: ACIt1~l:Mt:N'I' -Page 7 Exhibit B I~ a. ~~+ ~ F ~ ~ • ~O1 ~OJ ~ ~ ~ ~6 ~ ~ 1 • i ~ 6 1 ` 1~ ~ a a {{{$~~~ ~ ~ 71 T' d -` ~' I N'16..11~1 ~ 1 0 e ~ ~~ jlil '- ~~ j a y I~ j ~ I a ~n J ' ~~ ~ I~ iii I sg jf~° I I ~~ ~ : e ~~• ~ !.. :1 t11 I/U ll ~ r j R ~ I ~ I~~ I~ i ~. o ~_ j 11I~~ - I ~. ~ o 71 'll~l~~9~ ~~ ~ I ~ . Itlj ~ I III I ; II~i _ I _ °'x ~ )~ W ~ I ~ ~ 1 ~ '~ ~ e. I~- pq I ~ ~ d .. e 4 ..l~lll llU I i lW7Wr Ittl~Jau±:..~1 ~ I ~ a• ~' I 1 i t# • ~•U .......III II II:17 ...~~ (y V ~ 7i `~ - ~ 1 1 ~' I h I ~ T 1 ' .. a~ I 1 ~ ® C 1 I, ~ $ ~ I ~ ~~ ~ ~ ~ ~ ~y ~_ ~~ I ~ ~~~~ e . ~ 06 • Exh3b~t D-1, page 1 ~. ~" ~_~ r N ~ W ~. p ! Z - ~ ~ ~ f ~~ ~ ~ ~t i .. a. ~i a ~ , ~I ~ a . - _. y_ .i, ... ... ~ - -_._.. ~ - _ as 4 6 f I.. pg ~ ~ ~ ao P Y ~ ~ tii 4° ~ ~ ' ^' ~~ , ~ d ~ - x d Q g... _r a ~ ~a a ~ ~ _ ~. O ~.... ....~.. ._ ... g ~ - ~e -•- i. .._ .._._. _. ~ ~ . _, d a ~ ~ ffi ~ ~ ~ ~ ~ ~ ~ ~ ~ $ ~ ~ gg ~ ~ R :6 . i8 f J Exhibit D-9, page ~ ~1 f7'' fl m ~ I a s$ s~ 0 A W F J a ono x E~th~ilo3.t D-1 , pegs 3 Exhibit D-1, page 4 MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 6H REQUEST Agreement Between SPF Water Engineering, LLC for Wastewater Treatment Plant Operations and Maintenance Manual. AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPT: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. t AGREEMENT FOR WASTEWATER TREATMENT PLANT OPERATIONS AND MAINTENANCE MANUAL THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of OCTOBER , 2009, 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 °C1TY", 33 East Broadway Avenue, Meridian, Idaho 83642, and SPF WATER ENGINEERING, LLC, hereinafter referred to as "ENGINEER", whose business address is 300 E MALLARD, STE. 350, BOISE, ID 83706. INTRODUCTION • Whereas, the City has a need for Engineering Services to be defined by individual Task Orders titled as WASTEWATER TREATMENT PLANT OPERATIONS AND MAINTENANCE MANUAL, which will set forth Specific Services, Time of Performance and Payment.; and WHEREAS, the ENGINEER 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 Services: 1.1 ENGINEER shall perform and furnish to the City upon execution of this Agreement and associated Task Order(s) and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the corresponding Task Order(s) and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINEER, sub-engineer's, their agents, representatives or employees to any third party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the Agreement for Professional Services Wastewater Treatment Plarrt Operations & Maintenance Manual Page 1 of 8 ENGINEER for the specific purpose intended, will be at the City's sole risk and shall be without liability or legal exposure to the ENGINEER. The CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. Any verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER." 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER represents and warrants that it will perform it's 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 ENGINEER and any reports or opinions prepared or issued as part of the work performed by the ENGINEER under this Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the ENGINEER 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. Conslderation 2.i The ENGINEER shall be compensated per the attached "Schedule of Hourly Billing Rates" for aNot-to-Exceed amount of twenty-two thousand dollars ($22,000.00). This amount includes work to be completed by Engineer and sub contractors . 2.2 The ENGINEER shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , Agreement for Profeselonal Services Wastewater Treatment Plant Operations & Malntenanc:e Manual Page 2 of 8 but not limed to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, ENGINEER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: The Engineer anticipates the Draft Review O&M Manual will be completed within 60 days of notice to proceed and the Final O&M manual will be prepared within 30 days of receiving comment(s) from the Owner and DEQ. Actual completion time will be dependent on receipt of available data from the Owner. This agreement shall become effective upon execution by both parties, and shall terminate December 31, 2009 or at completion of services, whichever occurs first. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Engineers business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER shall be responsible to City only for the requirements and results spec'rfied 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 ENGINEER in fulfillment of this Agreement. 5. Indemnlflcation and Insurance: ENGINEER shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct Agreement for Professional Services Wastewater Tn3atrr-ent Ptant operations & Maintenance Manual Page 3 of 8 of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,OOO,OOOj aggregate, 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 CITY shall be named an additional insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and ff CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the ENGINEER or Engineer's officers, employs, agents, representatNes or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER'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 ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER 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. 6. 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 of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 SPF Water En incL eering, LLC Attn: Tim Farrell 300 E Mallard. Ste 350 Boise. ID 83706 208-383-4140 A reement for Professional nd W r Tr n PI ons & Maintenance Manual Pa e 4 of 9 g Se cis astewate eatme t ant Operatl g 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. 7. 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. 8. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER 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. 9. Discrimination Prohibited: In performing the Services required herein, ENGINEER 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. 10. Reports and Information: 10.1 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. 10.2 ENGINEER 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. 11. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of ENGINEER'S records with respect to all matters covered by this Agreement. ENGINEER 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. A reement for Professional Services wasterarffier Treatment Plant orations & Maintenance Manual Pa e 5 of 9 9 ~P 9 12. 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. 13. Compliance with Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 14. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 15. Termination: If, through any cause, ENGINEER, 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, falsffies 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 ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by ENGINEER under this Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this agreement and shall not relieve ENGINEER of its liability to the CITY for damages. 16. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or Agnaement for Professional Services Wastewater Tn~trnent Plant Operations & Maintenance Manual Page 6 of 8 enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 17. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 18. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 19. 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. 20. Approval Requir®d: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN SPF NEERI C ~~ ~ BY: B TAM a WEERD, MAYOR IMF ELL, MANAGER Attest: ,,. ~ oo~oRar~~°L ~-,; $~~ JAYCE . HOLMAN, CITY~L ~~°~ p ~ '~ ~~ ~(~ Approved as to C ntent ,'''~~~~~~~i~iriirii „~~~~~~~~Departm@nt Approval BY: / BY• ` KEITH ATTS, URCHASING MANAGER NAME: ~-~'^t ~rsby Dated: ~~ " ~- TITLE: COY ~rgg ~n~.r Approved as to Form CIT1f ATTORNEY Dated: ~ ~ ~~- ~°9 Agr~ment for Professianai Services Wastewater Treatment Plant eratlons ~ MalrMenance Manual Pa e 7 of 9 ~P 9 EXHIBIT A SCOPE OF SERVICES The Engineer's scope of services shall include the following subtasks. Subtask 1. Meet with plant staff and Bath®r available data. The Engineer will meet with City operations staff to discuss treatment plant operation and gather available data related to O&M of the facility. Available data to be provided by Owner includes existing O&M manual(s), equipment information, existing drawings as needed to support the O&M manual, and current safety plan. We anticipate working with DC Engineering to complete O&M work related to the treatment plant instrumentation, controls, and SCADA systems. Subtask 2. Prepare O&M Manual. The Engineer will prepare a comprehensive O&M manual to include all plant equipment and processes (liquid and solids streams) currently employed at the treatment facility. The OEM manual will describe overall treatment plant operation criteria, details for each separate process area, overview of maintenance requirements, and describe instrumentation and controls. The 08~M manual will be prepared in accordance with APWA and the Idaho Department of Environmental Quality (DEQ) requirements. The O&M manual will be submitted to DEQ for review and approval. DELIVERABLES The Engineer will provide the City with 3 Draft Review copies of the 08~M manual and 3 Final copies of the O&M manual, complete with one electronic pdf file furnished on a CD. Agreement for Professional Setvic~s Wastewater Treatment Plant O rations 8 Maintenance Manual Pa e S of 9 Pe 9 EXHIBIT B • RATE SCHEDULE TABLE 1- SPF WATER ENGINEERING, LLC SCHEDULE OF HOURLY BILLING RATES Psraonnsl TItls 2009 Blllln® Rats Terry Scanlan, P.E., P.G. Prirtcl~l F~ginaer/Hydrogeologist $140 Cittistlan Petrlch, Ph.D., P.E., P.G. Principal Erlgineer/Hydrologist $1~ Tlm Farrep, P.E. Principe) Er~ineer $125 Cathy Cooper, P.E. Prb~pal Engineer _ $125 3coit King, P.E. Supervising Engineer $120 Eric Landsberg, P.E. Project Manager $120 Bob Hardgrove, P.E, Project Manager $120 Stuart Hurley, P.E Project Manager $120 Jennifer Sukow, P.E., P.G. Senior Project Engineer $110 Shawn Kohl, P.E. Project Engineer $100 Roxanne Brown SeNor Water Right sp~lal~t $97 Mike Martin, P.E. Project Engineer $~ Lori Graves Water Rights Spedallst $86 Marci Pape, P.E. Project Engineer $85 Jason Thompson, P.E. Proje~ Engineer $85 Lance Dennis, E.I.T. Associate Engineer $82 Clint Long Construction Manager $85 Bua Coppl® Construction Manager $85 Steve B9Mett Designer I $80 Crane DraRing Designer II $78 Julie Romano Bookkeeping $80 Crystal Weber Admin~trative Support $55 Note: Hourly billing rates Will be adjuatal on January 1a eacl> year. Direct costs {mileage, postage. camera surveys, geaphyslcal lags, etc.) ars bored at actual cyst plus 15%. e4 ent for Professional &ervicea Wastewater Tn3atrnent Plant O ratlona 8 Maintenance Manual P e 9 of 9 9~ Pe a9 CITY OF MERIDIAN PUBLIC WORKS DEPARTMENT Engineering Division LETTER OF TRANSMITTAL October 12, 2009 To: Mr. Stuart Hurley, P.E. SPF Water Engineering 300 Mallard Dr., Suite 350 Bo1se, TD 8370fi From: Cilnt Dolsby Assistant Clty Engineer • • Sub,~ect: Agreement for the O&M Manual Enclosed are the following: COPIES DATE DESCRIPTION 1 N A A reement These are transmitted: ^ For your /For action ^ For review ^ For your use ^ As requested information spectfled below and comment Remarks: Stuart, Please sign and executed copy Thanks leave here and 1 will get the mayors signature and send you an Copy to: File Signed: 33 E. Broadway Ave., Ste. 200 Meridian, Idaho 83642 (208) 898-5500 Fax (208) 898-9551 MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 6I REQUEST Encroachment Easement Agreement for On the Border Restaurant, located in the Southeast Corner Marketplace Subdivision No. 2 by ReLo Boise, LLC, c/o ReLo Development, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPT: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. ~~i~E IDIAN~-- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline Tracee R. Smith Manager, Legal airs 480.361.6700 ex .107 fax 480.2 7755 cell 480.31 0535 16679 N. 90th Street, Suite 100 Scottsdale, AZ 85260 DATE: 11/2/09 tsmith@relodevelopment.com www.relodevelopment.com SUBJECT: Encroachment Easement Agreement (On The Border Restaurant) I. RECOMMENDED ACTION A. Move to: 1. Approve an Encroachment Easement Agreement for the Citv of Meridian, located in Southeast Corner Marketplace Subdivision No.2. Lot 15. Block 1. (On The Border Restaurant) by ReLo Boise. LLC, c/o ReLo Development. LLC. This encroachment easement agreement provides the City of Meridian to grant an encroachment easement that will allow hard surface improvements in the area of an existing City of Meridian water and sewer easement. Whereas, ReLo Boise, LLC has agreed to be responsible for the maintenance of the City of Meridian water and sewer service lines that are within the easement from the point where existing hard surface improvements begin to the edge of Tenant's premises. 2. Authorize the Mayor to sign the agreement] II. DEPARTMENT CONTACT PERSONS Place names, titles, and phone numbers of the Persons involved in Descending Order: Tom Barry, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Denny Cline, Development Analyst II 489-0363 p ° 0 [~~s,~~~ Mayor Tammy de Weerd c~ ~~~~ t~ee~~a Keith Bird Brad Hoaglun Charles Rountree Da~ld Zaremba Page I of l ADA COUNTY REIb1RDER J. DAVID NAVARRO AIBOUNT .OD 4 BOfSE IDAH011/1210g 009 PM DEPUTY Bonnie Oberbllgg RECORDED-REauEST OF III IIIIIIIIIII~IIIIIIIIIIIIIII III ~I Median Lily i l~'~ 1 ^7~~#~ ENCROAC)E~VIENT EASEMENT AGREEMENT S ENC OACHMENT EASE1bIENT AGREEMENT is entered into this ~~day of ~ ~~ 2009 by and between the City of Meridian, an Idaho Municipal Corporation ("Grantor"), and ReLo Boise, LLC, c/o ReLo Development, LLC, 16679 North 90a` Street, Suite 101, Scottsdale, AZ 85260, Attention: Legal Affairs ("Grantee'. WITNESSETH: WHEREAS, Grantor holds certain water/sewer easements depicted on the plat of the Southeast Comer Marketplace Subdivision No. 2; and WHEREAS, Grantee owns the real property described as Lot 15, Block O1 ofthe Southeast Corner Marketplace Subdivision No. 2, including the hard surface improvements in the area of the water meter in the City of Meridian easement, and Grantee leases the restaurant on said property to its tenant ("Tenant"); and WHEREAS, Grantee has agreed to be responsible for the maintenance of Grantor's water and sewer service lines (the "Lines") that are within the easement from the point where the aforementioned hazd surface improvements begin to the edge of Tenant's premises (the "Easement Area'; and, WHEREAS, because Grantee has agreed to maintain the Lines within the Easement Area, Grantor is willing to grant an encroachment easement to Grantee that will allow the improvements to remain in the easement. NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, it is agreed as follows: 1. Grantor does hereby give, grant and convey unto the Grantee an encroachment easement for the construction and maintenance of the improvements upon the water and sewer easement on following described property: Lot 15, Block O1 of the Southeast Corner Marketplace Subdivision No. 2 The encroachment easement hereby granted is for the purpose of the construction of said improvements, together with its maintenance, repair and replacemern at the convenience of the Grantee, with the flee right of access to such facilities at any and all times. Grantor shall have the right to use and enjoy the surface of the easement except when such use interferes with the rights and privileges conveyed herein to Grantee. 2. The encroachment easement is granted to Grantee and its successors and assigns, TO HAVE AND TO HOLD, unless and until said improvements are removed and not replaced or otherwise abandoned for a period of two (2) years upon which occurrence this encroachment easement shall automatically case and terminate and Grantee shall, if Encroachment Agreement requested by the Grantor, release the same of record. 3. It is expressly understood and agreed by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. 4. Grantee agrees to release, indemnify, defend and hold harmless Grantor against any and all claims, demands, and causes of action arising in favor of any person, corporation, or governmental entity, because of a personal injury or damages to property resulting from any acts or omission of Grantee, its employees, contractors, subcontractors, or agents in the course of construction and maintenance ofthe improvements or use ofthe easement except if caused by the negligent or willful act or omission of Grantor, its successors, assigns, agents, employees, or contractors. 5. This Agreement shall be binding upon and inure to the benefit ofthe parties and their respective successors, assigns, heirs, personal representatives, purchasers, or transferees of any kind. 6. Grantor does hereby covenant to the Grantee that Grantor is in lawful possession of the easement on the aforementioned and described tract of land, aid that Grantor has a good and lawful right to convey said encroachment easement. IN WITNESS WHEREOF, the said parties have hereunto subscnbed their signatures the day and year first herein above written. CITY OF MERIDIAN ,~~~~~``\~,l ~ ~~®~qy''•,~~~~ - ~ = Tammy eerd, IVlayor = S~~ 7 s ~ p: Attest by cee Holman, City Clerk ~~~ '','~~~~~~~nnnn n~+~~~~,`~``` Approved By City Council On: ~ ~- 10 - t`~q Encroachment Agreement 2 STATE OF IDAHO, ) . ss. COUNTY OF ADA 1 On this~Q~ day of~ O,~i~p¢~ , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. Commission Expires: Encroachment Agreement 3 RELO BOISE, LLC, an Arizona limited liability compan~+ ~~l^~~ ~~~ ~~ Prem ~ eddy, M.D., its Manager STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On ~`~- Z, _~ , 2009, before me, ~~'K? ~~ 1LU:~ ~ ~ l ,personally appeared Prem Reddy, M.D., who pmved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. MONA M. NISRRH.L Ccnurtlssl~ ~1-1811688 rte, anaro . c.tgo~ ~ Ssn 8erardtao comm. so, 2otz ace otary ~ ve Signature , ~ L 1 Notary Public Encroachment Agreement 4 MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 6.I REQUEST Encroachment Easement Agreement for Chili's Restaurant, located in the Southeast Corner Marketplace Subdivision No. 2, by ReLo Boise, LLC, c/o ReLo Development, LLC AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPT: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the CNy of Meridian. ~~i~E IDIAN~- Public IDAHO Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Denny Cline DATE: 11/2/09 SUBJECT: Encroachment Easement Agreement (Chili's Restaurant) Mayor Tammy de Weerd ~ ee~~ ~em~rsW Keith Blyd Brad Hoaglun Charles Rountree David Zaremba I. RECOMMENDED ACTION A. Move to: 1. Approve an Encroachment Easement Acareement for the Citv of Meridian, located in Southeast Corner Marketplace Subdivision No.2. Lot 14. Block 1, (Chili's Restaurant) by ReLo Boise. LLC, c/o ReLo Development. LLC. This encroachment easement agreement provides the City of Meridian to grant an encroachment easement that will allow hard surface improvements in the area of an existing City of Meridian water and sewer easement. Whereas, ReLo Boise, LLC has agreed to be responsible for the maintenance of the City of Meridian water and sewer service lines that are within the easement from the point where existing hard surface improvements begin to the edge of Tenant's premises. 2. Authorize the Mayor to sign the agreement] II. DEPARTMENT CONTACT PERSONS Place names, titles, and phone numbers of the Persons involved in Descending Order: Tom Barry, Director of Public Works 489-0372 Bruce Freckleton, Development Services Manager 489-0362 Scott Steckline, Land Development Supervisor 489-0369 Denny Cline, Development Analyst II 489-0363 pP~~ ~ AQA COUPITI(RECORDER J. DAVID NAVARRO AINOUiiT .00 ~ BOISE IDAH01111?!08 009 PIS I n n REECORDEO~nREQUESi OF ~~ ~ I I II Il t II l I II I ~Ifi II I I IlI I II If III Iderldian Ciiy 1 ~~ 1 ~'7~4~ ENCROACHMENT EASEMENT AGREEMENT THIS ENCROACHMENT EASEMENT AGREEMENT is entered into this ~®~day of `~~ ~2~, 2009 by and between the City of Meridian, an Idaho Municipal Corporation ("Grantor', and ReLo Boise, LLC, c% ReLo Development, LLC, 16679 North 90~' Street, Suite 101, Scottsdale, AZ 85260, Attention: Legal Affairs ("Grantee'. WITNESSETH: WHEREAS, Grantor holds certain water/sewer easements depicted on the plat of the Southeast Comer Marketplace Subdivision No. 2; and WHEREAS, Grantee owns the rcel property described as Lot 14, Block O 1 of the Southeast Corner Marketplace Subdivision No. 2, including fencing in the City of Meridian easement, and Grantee leases the restaurant on said property to its tenant ("Tenant"); and WI~REAS, Grantee has agreed to be responsible for the maintenance of Grantor's water and sewer service lines (the "Lines' that are within the easement from the poirrt where Tenant's fence prohibits public access to the service lines to the edge of Tenant's premises (the "Easement Area'; and, WHEREAS, because Grantee has agreed to maintain the Lines within the Easement Area, Grantor is willing to grant an encroachment easement to Grantee that will allow the fence to remain in the easemert. NOW, THEREFORE, in consideration of the benefits to be received by the Grantor, and other good and valuable consideration, it is agreed as follows: 1. Grantor does hereby give, grant and convey unto tine Grantee an encroachment easement for the construction and maintenance of a fence upon the water and sewer easement on following described property: Lot 14, Block O1 of the Southeast Corner Marketplace Subdivision No. 2 The encroachment easement hereby granted is for the purpose of the construction of said fence, together with its maintenance, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. Grantor shall have the right to use and enjoy the surface of the easement except when such use interferes with the rights and privileges conveyed herein to Grantee. 2. The encroachment easement is granted to Grantee and its successors and assigns, TO HAVE AND TO HOLD, unless and until said fence is removed and not replaced or otherwise abandoned for a period oftwo (2) years upon which occurrence this encroachment easement shall automatically cease and terminate and Grantee shall, if requested by the Grantor, release the same of record. Encroachment Agreement 3. It is expressly understood and agreed by and between the parties hereto, that after making repairs or performing other maintenance, Grantee shall restore the area of the easement and adjacent property to that existent prior to undertaking such repairs and maintenance. 4. Grantee agrees to release, indemnify, defend and hold harmless Grantor against any and all claims, demands, and causes of action arising in favor of any person, corporation, or governmental entity, because of a personal injury or damages to property resulting from any acts or omission of Grantee, its employees, contractors, subcontractors, or agents in the course of cons~uction and maintenance of the fence or use of the easement except if caused by the negligent or willful act or omission of Grantor, its successors, assigns, agents, employees, or contractors. 5. This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors, assigns, heirs, personal representatives, purchasers, or transferees of aay kind. 6. Grantor does hereby covenant to the Grantee that Grantor is in lawful po~ession of the easement on the aforementioned and described tract of land, and that Grantor has a good and lawful right to convey said encroachment easement. IN WITNESS WHEREOF, the said parties have hereunto subscribed their signatures the day and year first herein above written. CITY OF MERIDIAN Tammy,BeJGVeerd, Mayor ```~~„uuiii~u~,~~~ ~Fp~r~ -, o $E1~L ~~ ~' %~~90q T tg~ ,, P~~`~ hest b ycee Holman, City Clerk ''~~~~''~~n,l~,,~~~~~~~`~~• Approved By City Council On: ~ ~ ~ ~ D ' [~ Encroachment Agreement 2 STATE OF IDAHO, ) . ss. COUNTY OF ADA ) on this_~day of 4 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WTrNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. r • • • Residing at: ~~un Commission Expires: 1~ Encroachment Agreement RELO BOISE, LLC, an Arizona limited liability company Prem Reddy, M.D., its Manager STATE OF CALIFORNIA ) ss. COUNTY OF SAN BERNARDINO ) On '~~' ~- ~ , 2009, before me, M~~ ~ ~..~ ~~,r i.~ ~ ,personally appeared Ptem Reddy, M.D., who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed .the instrument. 1 certify under PENALTY OF PERJURY nnder the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Camnt:s~a ~-18116~ ~~ C x.2092 r,' •, , Sign .~{.1.4~ Notary Public Encroachment Agreement 4 MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 6K REQUEST Authorize Bid Amount for the Ten Mile Rd. -Franklin to Cherry Reuse Pipeline and Franklin Rd. Sewer Main and Reuse Pipeline Installation Project in Conjuction with the ACHD Road Project at the Same Locations for aNot-to-Exceed Amount of $718,035.98 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPT: See Attached CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the CHy of Mertdtan. ~~i~E IDIAN~-- Publ~C ~ o,a w o 'works Depart~eut TO: Mayor Tammy de Weerd Members of the City Council FROM: John Boyd utC ~4? '` ~~ ~; Engineering Technician 11 DATE: 11!0412009 Mayor Tammy da Weerd ~~ ~~~ ~a~ ~ttd zaramba SUBJECT: AUTHOURIZE BID AMOUNT FOR THE TEN MILE RD -FRANKLIN TO CHERRY REUSE PIPELINE AND [rRANKL1iN ROAD SEWER MAIN AND REUSE PIPELINE IiNSTALLATION PROJECT IN CONJUNCTION WITH THE ACRD ROAD PROJECT AT T11iE SAME LOCATIONS FOR $718,035.98 i. RECOMMENDED ACTION A. The Public 'Works Department recommends the City Council move to: Approve the Bid Amount, ACRD Estimated Admin Fees and ACRD Cost Shared amounts for Sewer, Water and Re-Use mainline improvements to be instali~tn ACRD Ten Mile Road -Franklin. Road to Cherry Lane Project for an amount not to exceed $718,035.98. And: 2. Authorize the Purchasing department to issue a Purchase Order for the above amount of $718,035.98. U. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Clirrt Dolsby, Asst. City Engineer 489-0341 Bohn Boyd, Engineering Technician (Project Manager) 489-0364 Page I of 3 iii. DESCRIPTION A. Pro~sg.~PreT,. jest This project includes installation of a tb" reuse pipeline in Ten Mile Road from Franklin Road to South of Cheny Lane and a 12" reuse pipeline South, East and West of the Franklin RoadlTen Mite Road Intersection. It also includes installation of an 18" trunk sewer main to the East of the Franklin Road/Ten Mile Road intersection which, once extended as part of the Franklin Road project (scheduled for 2012) will provide service to those properties North and South of Franklin Road. These properties currently have no sewer .service available. B. Bac~,ground Class A reclaimed water is the highest class of reclaimed water in Idaho. Meridian is currently producing reclaimed water that meets Class A standards and is applying it to Heroes Park under its DEQ Municipal Wastewater Reuse Permit which aecame final December 1, 2008. The City has also submitted a Water Reclamation and Reuse permit apptscation and engineering report to DEQ for the implementation of a Citywide Water Reclamation and Reuse permit which will allow for the irrigation of the Ten Mile Interchange Area. The City expects to receive a draft citywide reuse permit from DEQ within the next month, C. Contracxor Selection The lowest apparent bidder is Nampa Paving and Asphalt Company. IV. IlVIPACT A. Stmte..gtc lm: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community,, ensuring modern reliable facilities while maintaining financial stewardship. This activity aligns with our department's vision of a water management district to recycle and redistribute Class "A" reclaimed water. This project will complete approximately half of the pipeline required to serve the Ten Mile Irnerchange area with Class. "A" reclaimed water. B. ServiceJDeliv~ry.,Impact: This project saves money for the Public Works Department by implemerrting the construction of our utilities into the ACRD projects. Money will be saved as the City will be working under ACEID's Storm Water Pgllution Prevention Plan and using the ACRD traffic control. • Page Z of 3 • C. Fiscal ~tpact ! Pn,~ect Costs ACRD received bids for the above project on October 27~' c~ 3:00 PM. The low base bid amount for the reuse, water and sewer improvements in Ten Mile Road and Franklin Road is $580,873. The City also included as an Additive Alternate, an extension of the Reuse pipeline to the west in Franklin Road. The amount for that portion of the work is $18,393.19. The follawing estimated costs are also included in the request to fund this project: ACRD Administration Cost of up to 5% of Meridian's Contract $29,963.33 Associated traffic control cost.(from the low bid) $28,879.40 Contingency in the amount of 10%0 of Meridian's Bid amount $59,92G.66 The funding requested for this project is a not to exceed amount of $718,035.98. Project_Fundinn C Water Code .......................................3490-96!40..............................$144,988.18 Sewer Code ......................................3.590-93505..............................$112,387..01 Re-Use Code .....................................3590-96151........--.-..--.--...........$460;6G0.79 V. LIST OF ATTACHMENTS 1. Bid Tabulation Spreadsheet 2. 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It t'attes mto acxount nuraen, inspection, and equipment. • MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 7A REQUEST Resolution No. ~l • (, 9~ :Appointing Shawn Testin to Seat 8 of the Meridian Parks and Recreation Commission AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY See Attached CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the Cfly of Meridian. CITY OF MERIDIAN RESOLUTION NO. ~ ' (0 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPOINTING SHAWN TESTIN TO SEAT 8 OF THE PARKS AND RECREATION COMMISSION AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code Title 2, Chapter 2 establishes the Parks and Recreation Commission, its members, and terms of their appointments; WHEREAS, the is a vacancy in Seat 8 of the Parks and Recreation Commission; and WHEREAS, the City Council of the City of Meridian deems the appointment of Shawn Testin to Seat 8 of the Parks and Recreation Commission to be in the best interest of the Parks and Recreation Commission and of the City of Meridian; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, pursuant to Meridian City Code § Z-2-3, Shawn Testin is hereby appointed to Seat 8 of the Parks and Recreation Commission, for a term to expire on October 31, 2012. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 10th day of November, 2009. APPROVED by the Mayor of the City of Meridian, Idaho, this 10th day of November, 2009. APPROVED: `~ \~~,,,~~~~,,,,,,~Mayor y de Weerd ATTEST: \`\```~~C~~;~ QF NlERjo,~,,s','~~ Fo By. ~ EAL Jaycee lman, City Clem o~ q APPOINTMENT OF SHAWN TESTIN TO SEAT 8 OF PARKS & RECREATION COMMISSION PAGE 1 OF 1 s I E jI)~A1~T.~- Application to be Considered for - City-Appointed or volunteer Positions Positio~ Applying for: C~Parks & Recreation Commission O Planning & Zoning Commission D Me dian Arts Commission D Historical Preservation Commission O Traffic Safety Commission O Me ian "Transportation Task Force O Impact Fee Committee [] Solid Waste Advisory Committee O Gen rat Volunteer Position on Special Projects or Events as Needed (appointment not required) Name: ~,~r ~,r~-. -- - - ~_ Home ~ddress: ;r ~. ; c" ~ , ; -_- i E-Mail Address: .~ a,z;-« .'-~- -~ r - ~~~ -~- d /- Uccupa~ion: ._ _____ "_~%Pt'_.c .~' Ft ?-ter-- ~ -' f Cam.-- /!fir ~_.-:~,rf-f' ta'r ~ Are yoe~ a resident of the City of Meridian'? D" Yes O No I['nol, coo you live in Meridian's area of impact? O Yes O No Why d~ you want to become involved? -- , - - ~S _4. ~'/i=`^ ~ 17pf Y~.!J.%~.°SyPI I I 3~1'7~ ® V9PC'~~GSG/~L f r Do you jparticipate in any lcx:al service clubs or other organizations? Yes O No !f so, phase list: _i~r ~-,-~a__.~~ c~~: s~r,~~ ~:,__.~`'.~.: ~Cs~z,-a:~~ ~~,d ~~~ec~`~~r~~ Cr~~r.~r'c~3 What arias of city government are of most interest to you? ,{ ~" c c._>c,>c, --~,, c __ ~ ~ ~ r~~~~_c-./' ~` .1.~ ~ ; mfr t.~t-,~ Have yqu participated in any level of volunteer government service in the past? O Yes O'" No if so, phase list: Do you understand the time commitment required to attend meetings and review/research data to make recomm ndalions? 0' Yes O No Signatu~je _'. - ~ -- Date Please return your completed application, resume, and letter of interest to: City Clerk's Qffice, Cit}° of Meridian, 33 E. Broadway Avenue, Meridian,lD 83642 Phone: (208) 88$-4433 Fax: (208) 888-4218 Dear Sir or Madam: My name is Shawn Testin and I am asking for your consideration for placement on the Meridian Parks & Recreation Commission. As a native of Meridian, I am proud to be a citizen in a community that takes great steps in planning and executing the initiatives set forth that benefit the collective. The Parks & Recreation Commission is in no small way a shining example of working toward tangible results that enhance the life of all who are impacted by their recommendations. I am a parent of two young children and have a vested interest in making sure that they grow up in a supportive environment that lends itself to fostering happiness and the ability to live life the way it was meant to be lived. After seeing the results of what the P&R Commission have accomplished during the recent growth period, it makes me that much more interested in being a part ofwhat they do. Recently I have co-founded the Meridian Business and Professional Connection as my way of getting actively involved in my community. The intent is to support local businesses and act as a conduit of communication between local proprietors and the people who support their organizations. It has been a grand success, and I relay this information as support for my cause to show my commitment to my community. Should I be able to answer any questions associated with my application, please do not hesitate to contact me at 208.891.3361. Thank you very much, Shawn O'Brian Testin Shawn Testin 4101 W. Daly Ln Meridian, ID 83646 Phone: 208-891-3361 Alt: 208-891-0667 shawntestin @hotmail. com O13.lECTIVE: As the General Manager for Trey McIntyre Project, my skill set consists of the many diverse requirements that the position inherently requires. I am responsible for all aspects of the internal operations of the organization. This includes final authority on all financial transactions, legal, bookkeeping, accounting, staff management, policy implementation, human resources, and community outreach. This position is one in which I was tasked to create a new company structure from scratch and run operations for a staff of 20 from Boise, Idaho. Quite extensive, this opportunity provides detailed task and staff management skills in order to maintain the fiscal and operational standards set forth. My training has afforded me the opportunity to work in fast paced, quick thinking environments. My experience crosses both non-profit and corporate structure areas, and has been extremely beneficial in allowing me to expand my business and marketing skills in supportive environments. MAJOR ACCOMPLISHMENTS: 2009 Recipient of Alfred P. Sloan Award in Workplace Flexibility 2008 Recipient of Alfred P. Sloan Award in Workplace Flexibility 3 time National Lead Award Winner for CT Corporation/VUolters Kluwer 2 Timer Runner Up -National Leads $300K In individual Revenue generated on a yearly bases in new sales Corporate Legal Services University Adjunct Professor Former Meridian PAL Board Member for youth football EXPERIENCE: February 2008 Trey McIntyre Project Boise, ID to General Manager Present As the General Manager for Trey McIntyre Project, I am in charge of the day-today operations of the entire organization. This includes oversight of staff managers and general operations, policy creation and implementation, financial oversight and reporting to our Finance Committee and the Board of Directors, hosting Board meetings, and overall promotion of Trey McIntyre Project. This position has required extensive management involvement at the highest levels of the company. I am proud of the structure I have put into place to provide long-term stability. September 2005 Frontier Equipment Company Nampa, ID to Sales Support Mar & Director of Marketing Present My experience as Sales Support Manager included full responsibility for all Marketing and Market Share initiatives instituted in support of business needs. I tracked, monitored, and analyzed all market share information monthly and formulate company-wide marketing strategies designed to increase ITA and revenue numbers based on current market conditions. I was in charge of transitioning market share analysis into successful strategic game plans from a corporate level. By maintaining high standards of business metric management, I was able to guide our business in the direction that maintains high levels of return on investment, all the while strengthening the core of our company. July 2001 CT Corporation Denver, CO to Sales Associate. Coroorate Legal Services July 2005 In the Corporate Legal Services industry, I was involved in constant communication with our executive client base to ensure their needs were met. My daily expectations were to interact with professionals in the legal and corporate community as a customer specialist. My duties included working as a liaison between corporate paralegals and various state agencies, timely billing, providing knowledge regarding state filing requirements, and the ability to meet deadlines while accurately tracking order progress. I handled all facets of customer management, meeting the needs of our customers while offering the assortment of our company offerings to maximize up-sale opportunities. November 1997 Boeing Aerospace Everett, WA to Manufacturing May 9999 My roles and responsibilities included production assistance, quality control, and safety inspection on commercial aircraft. Due to strict commercial aviation regulations, all aspects of production are quality driven and require a high level of responsibility and a commitrnent to quality. I held this position while attending my first 2 years of college. EDUCATION: Cornell University Certificate of Advanced Studv Executive Leadership Certificate of Advanced Study in Executive Leadership Emphasis in: Critically evaluating information Assessing the environmental factors that shape a company's actions and options Generating new ideas for innovation in my organization Using both informal and formal mathematical methods for optimizing decision making NY University of Denver Denver, CO Coursework Business Additional training Business Management University of Northern Colorado Greeley, CO Coursework Economics Emphasis on learning and using the tools and concepts of economics, theories and quantitative procedures applicable to economics and related disciplines and techniques and methodologies employed by economic practitioners Shoreline C.C. Shoreline, WA Coursework Business General Business and undergraduate coursework. KEYWORD SUMMARY: In every position I have held, my main objective has always been to raise the level of my performance and those around me through effort and intelligent decision making. I remain committed to performing daily at a high level with a focus on making the business as a whole ultimately successful. My experience as a current General Manager has afforded me a level of knowledge and managerial experience that few other positions can provide. Being responsible for every aspect of a company requires dedication and focus at the highest level. In addition, I have attended numerous internal corporate training classes. These classes taught such skills as successful sales calls, performing service excellence, and professional presentation skills. I was chosen from employees throughout the company to serve in the capacity as a Corporate Legal Services Adjunct Professor. In this role, I spent time in New York, Chicago, and Ohio on multiple occasions holding 2 day classes training groups of other employees. These skills have helped me to successfully meet with corporate professionals in our community. My strengths lay in my ability to work successfully with others to reach our goals both collectively and individually. As such, I have always enjoyed my positions and am looking to expand my horizons going forward. Thank you. MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 7B REQUEST Ada County Natural Hazards Mitigation Plan Update Participation AGENCY CITY CLERK: CITY ENGINEER: CITY PUBLIC WORKS DEPT: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS See Attached Date: Phone: Emailed: Staff Initials: Matertals presented at public meetings shall become property of the Criy of Meridian. ~~i~E IDIAN~-- ~11b1iC 1 DA H O Works Department TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek DATE: 10/28/09 Mayor Tammy de Weerd en9 ~~ei~ Memee~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: DEPARTMENT REPORTS CITY COUNCIL AGENDA ITEM: ADA COUNTY NATURAL HA-7.aRnS MITIGATION PLAN UPDATE PARTICIPATION I. RECOMMENDED ACTION A. Move to: 1. Approve City staff participation in the update to the Ada County Natural Hazards Mitigation Plan Update; and 2. Authorize the Mayor to sign the Letter of Intent to Participate II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Warren Stewart, PW Engineering Manager 489-0350 Kyle Radek, Asst. City Engineer 489-0343 III. DESCRIPTION A. Background The Disaster Mitigation Act encourages and rewards local and state pre-disaster planning. It requires coverage under a Local Hazard Mitigation Plan for grant aid before and after disasters. Participation by local governments insures that .their interests are recognized in the planning document and that funding resources are accessible for mitigation projects. Page 1 of 2 The goal of participation in this effort is to make sure that the Hazard Mitigation Plan includes elements specific to Meridian and Meridian's interests. C. Consultant Selection N/A IV. IMPACT A. Strategic Impact: One of our strategic objectives is to obtain and maintain membership in the Community Rating System (CRS). Participation in this update will assist us in this endeavor. B. Service/Delivery Impact: This activity will help Public Works deliver a quality floodplain administration program and work towards the CRS program. C. Fiscal Im acct: Project Costs None. Project Funding NA V. ALTERNATIVES A. The City could chose not to participate in the update effort. This would limit the City's ability to provide input and benefit from the contents of the plan. Hazard mitigation grants would be more difficult to justify and compete for. VI. TIME CONSTRAINTS The Ada County Planning Partners are requesting that participants provide a letter of intent to participate by December 4. Approval by Council will allow staff to obtain the Mayor's signature and provide the letter by that date. VII. LIST OF ATTACHMENTS A. Planning Partner Expectations B. Letter of Intent Approved for Council Agenda: Tom Barry, Director of Public Works Date Page 2 of 2 PLANNING PARTNER EXPECTATIONS ACHIEVING DMA COMPLIANCE FOR ALL PLANNING PARTNERS One of the goals of the multi jurisdictional approach to hazard mitigation planning is to achieve compliance with the Disaster Mitigation Act (DMA) for all participating members in the planning effort. DMA compliance must be certified for each member in order to maintain eligibility for the benefits under the DMA. Whether our planning process generates ten individual plans or one large plan that has a chapter for each partner jurisdiction, the following items must be addressed by each planning partner to achieve DMA compliance / Participate in the process. It must be documented in the plan that each planning partner "participated" in the process that generated the plan. There is flexibility in defining participation". Participation can vary based on the type of planning partner (i.e.: City or County, vs. a Special Purpose District). However, the level of participation must be defined and the extent for which this level of participation has been met for each partner must be contained in the plan context. / Consistency Review. Review of existing documents pertinent to each jurisdiction to identify policies or recommendations that are not consistent with those documents reviewed in producing the "parent" plan or have policies and recommendations that complement the hazard mitigation initiatives selected (i.e.: comp plans, basin plans or hazard specific plans). / Action Review. For Plan updates, a review of the strategies from your prior action plan to determine those that have been accomplished and how they were accomplished; and why those that have not been accomplished were not completed. / Update Localized Risk Assessment Personalize the Risk Assessment for each jurisdiction by removing hazards not associated with the defined jurisdictional area or redefining vulnerability based on a hazard's impact to a jurisdiction.. This phase will include: • A ranking of the risk • A description of the number and type of structures at risk • An estimate of the potential dollar losses to vulnerable structures • A general description of land uses and development trends within the community, so that mitigation options can be considered in future land use decisions. Planning Partner Expectations Ada County Hazard Mitigation Plan-Update Page 1 of 9 / Capability assessment. Each planning partner must identify and review their individual regulatory, technical and financial capabilities with regards to the implementation of hazard mitigation actions. / Personalize mitigation recommendations. Identify and prioritize mitigation recommendations specific to the each jurisdiction's defined area. / Create an Action Plan. / Incorporate Public Participation. Each jurisdiction must present the Plan to the public for comment at least once, within two weeks prior to adoption. / Plan must be adopted by each jurisdiction. One of the benefits to multi jurisdictional planning is the ability to pool resources. This means more than monetary resources. Resources such as staff time, meeting locations, media resources, technical expertise will all need to be utilized to generate a successful plan. In addition, these resources can be pooled such that decisions can be made by a peer group applying to the whole and thus reducing the individual level of effort of each planning partner. This will be accomplished by the formation of a steering committee made up of planning partners and other °stakeholders° within the planning area. The size and makeup of this steering committee will be determined by the planning partnership. This body will assume the decision making responsibilities on behalf of the entire partnership. This will streamline the planning process by reducing the number of meetings that will need to be attended by each planning partner. The assembled Steering Committee for this effort will meet monthly on an as needed basis as determined by the planning team, and will provide guidance and decision making during all phases of the plan's development. With the above participation requirements in mind, each partner is expected to aid this process by being prepared to develop its section of the plan. To be an eligible planning partner in this effort, each Planning Partner shall provide the following: A. A Letter of Intent to participate" or Resolution to participate to the Planning Team (see exhibit A). B. Designate a lead point of contact for this effort. This designee will be listed as the hazard mitigation point of contact for your jurisdiction in the plan. C. Support and participate in the selection and function of the Steering Committee selected to oversee the development of this plan. D. Provide support in the form of mailing list, possible meeting space, and public information materials, such as newsletters, newspapers or direct mailed brochures, required to implement the public involvement strategy developed by the Steering Committee. Planning Partner Expectations Ada County Hazard Mitigation Plan-Update Page 2 of 9 E. Participate in the process. There will be many opportunities as this plan evolves to participate. Opportunities such as: a. Steering Committee meetings b. Public meetings or open houses c. Workshops/ Planning Partner specific training sessions d. Public review and comment periods prior to adoption At each and every one of these opportunities, attendance will be recorded. Attendance records will be used to document participation for each planning partner. No thresholds will be established as minimum levels of participation. However, each planning partner should attempt to attend all possible meetings and events. F. There will be one mandatory workshop that all planning partners will be required to attend. This workshop will cover the proper completion of the jurisdictional annex #emplate which is the basis for each partner's jurisdictional chapter in the plan. Failure to have a representative at this workshop will disqualify the planning partner from participation in this effort. The schedule for this workshop will be such that all committed planning partners will be able to attend. G. After participation in the mandatory template workshop, each partner will be required to complete their template and provide it to the planning team in the time frame established by the Steering Committee. Failure to complete your template in the required time frame may lead to disqualification from the partnership. H. Each partner will be expected to perform a consistency review" of all technical studies, plans, ordinances specific to hazards to determine the existence of any not consistent with the same such documents reviewed in the preparation of the County (parent) Plan. For example, if your community has a floodplain management plan that makes recommendations that are not consistent with any of the County's Basin Plans, that plan will need to be reviewed for probable incorporation into the plan for your area. I. Each partner will be expected to review the Risk Assessment and identify hazards and vulnerabilities specific to its jurisdiction. Contract resources will provide the jurisdiction specific mapping and technical consultation to aid in this task, but the determination of risk and vulnerability will be up to each partner. J. Each partner will be expected to review and determine if the mitigation recommendations chosen in the parent plan will meet the needs of its jurisdiction. Projects within each jurisdiction consistent with the parent plan recommendations will need to be identified and prioritized, and reviewed to determine their benefits vs. costs. Planning Partner Expectations Ada County Hazard Mitigation Plan-Update Page3of9 K. Each partner will be required to create its own action plan that identifies each project, who will oversee the task, how it will be financed and when it is estimated to occur. L. Each partner will be required to sponsor at least one public meeting to present the draft plan to its constituents at least 2 weeks prior to adoption. M. Each partner will be required to formally adopt the plan. Templates and instructions to aid in the compilation of this information will be provided to all committed planning partners. Each partner will be expected to complete their templates in a timely manner and according to the timeline specified by the Steering Committee. ** Note'T"": Once this plan is completed, and DMA compliance has been determined for each partner, maintaining that eligibility will be dependant upon each partner implementing the plan implementation-maintenance protocol identified in the plan. At a minimum, this means completing the on-going plan maintenance protocol identified in the plan. Partners that do not participate in this plan maintenance strategy may be deemed ineligible by the partnership, and thus lose their DMA eligibility. Planning Partner Expectations Ada County Hazard Mitigation Plan-Update Page 4 of 9 Exhibit A Example Letter of Intent to Participate Ada City-CountyHazard Mitigation Planning Partnership C/O Rob Flaner, Tetra Tech, Inc. 90 South Blackwood Ave. Eagle, ID 83616 Dear Ada County Planning Partnership, Please be advised that the (insert City or district name) is committed to participating in the update to the Ada County Natural Hazards Mitigation Plan. As the Chief Administrative Official for this jurisdiction, I certify that I will commit all necessary resources in order to meet Partnership expectations as outlined in the "Planning Partners expectations" document provided by the planning team, in order to obtain Disaster Mitigation Act (DMA) compliance for our jurisdiction. Mr./Ms. will be our jurisdiction's point of contact for this process and they can be reached at (utsert: address, phone number and a-mail address). Sincerely, Planning Partner Expectations Ada County Hazard Mitigation Plan-Update Page 5 of 9 m Z K W C ~~ ^y~ C .s.+ C 0 G d F- C ._ C a ~ o ~ v C .~ U U ~ N N ~ N ~ ~ a ~ ~ c~ (0 C U ' C ~ _ .~ L -v ? ~ ~ ~ ~ 3 ~ G7 v ~ W O a~ t4 C lA ~ O N N N M d ~ ~ > ~; N m Od' ~~I' ~C4 ~~ M ~ ~ r ~ M ~ N~ (per L ap o ~ ~ N ~ ~0 ~ - m D ~ - m ~ m - o N O ~ ~ a, v°', via 3 C N.o N.o , o ~ ~ o Q r~m ~m rnW ~fA C U U *, ~ - ~ - ~ m U U ~ ~ ~ W W N N ~ Q Q H H L U . N C l0 lII L L 'O 2 U ~ Z o a ~ w a~ a n C d N ~ C O ~ ~ t4 U c~_ Q c W ~ N C ~ ~ ~ co 'c U c ~ c~ ~Q O N Exhibit C Overview of HAZUS Overview of HAZUS-MH (Multi-Hazard) HAZUS-MH, is a nationally applicable standardized methodology and software program that contains models for estimating potential losses from earthquakes, floods, and hurricane winds. HAZUS-MH was developed by the Federal Emergency Management Agency (FEMA) under contract with the National Institute of Building Sciences (NIBS). NIBS maintains committees of wind, flood, earthquake and software experts to provide technical oversight and guidance to HAZUS-MH t ~ ~u . ys"`' . ~~f. _? _. ___. _.____ -_~._ - - r~ _ ~ ~ ~ ~ r /" ~ ~_, ~~' ~ P~rnrnetee MolDtlcatlon ~ ~ A' r °9 't - - ~ g ~ ~~ .. ~ ~~j ~ .....,~ 6 ~ 6 f . b I~ h,~ '4 ,~ ~ ~€-. ~ ,=` ' t„ 1rlCast - Inventory Collection emd - , c ., , survey Toot development. Loss estimates produced by HAZUS-MH are based on current scientific and engineering knowledge of the effects of hurricane winds, floods, and earthquakes. Estimating losses is essential to decision-making at all levels of government, providing a basis for developing mitigation plans and policies, emergency preparedness, and response and recovery planning. ~ ~_ HAZUS-MH uses state-of= F ~ ,+ ~ ~ BIT - Bullding Invel~o~t Tool the-art geographic ~~° information system (GIS) ~1T - Flood lnfoernatlon Tool software to map and display r ~~ ~ ~ ~ hazard data and the results of damage and economic loss estimates for buildings and infrastructure. It also allows users to estimate the impacts of hurricane winds, floods, and earthquakes on populations. The latest release, HAZUS-MH MR1, is an updated version of HAZUS-MH that incorporates many new features which improve both the speed and functionality of the models. For information on software and hardware requirements to run HAZUS-MH MR1, see HAZUS-MH Hardware and Software Requirements. HAZUS-MH Analysis Levels HAZUS-MH provides for three levels of analysis: ^ A Level 1 analysis yields a rough estimate based on the nationwide database and is a great way to begin the risk assessment process and prioritize high-risk communities. Planning Partner Expectations Ada County Hazard Mitigation Plan-Update Page 7 of 9 A Level 2 analysis requires the input of additional or refined data and hazard maps that will produce more accurate risk and loss estimates. Assistance from local emergency management personnel, city planners, GIS professionals, and others may be necessary for this level of analysis. A Level 3 analysis yields the most accurate estimate of loss and typically requires the involvement of technical experts such as structural and geotechnical engineers who can modify loss parameters based on to the specific conditions of a community. This level analysis will allow users to supply their own techniques to study special conditions such as dam breaks and tsunamis. Engineering and other expertise is needed at this level. r_ Three data input tools have been developed to support data collection. The Inventory Collection Tool (InCAST) helps users collect and manage local building data for more refined analyses than are possible with the national level data sets that come with HAZUS. InCAST has expanded capabilities for multi-hazard data collection. HAZUS-MH includes an enhanced Building Inventory Tool (BIT) allows users to import building data and is most useful when handling large datasets, such as tax assessor records. The Flood Information Tool (FIT) helps users manipulate flood data into the format required by the HAZUS flood model. All Three tools are included in the HAZUS-MH MR1 Application DVD. HAZUS-MH Models The HAZUS-MH Hurricane Wind Model gives users in the Atlantic and Gulf Coast regions and Hawaii the ability to estimate potential damage and loss to residential, commercial, and industrial buildings. It also allows users to estimate direct economic loss, post-storm shelter needs and building debris. In the future, the model will include the capability to estimate wind effects in island territories, storm surge, indirect economic losses, casualties, and impacts to utility and transportation lifelines and agriculture. Loss models for other severe wind hazards will be included in the future. Details about the Hurricane Wind Model. The HAZUS-MH Flood Model is capable of assessing riverine and coastal flooding. It estimates potential damage to all classes of buildings, essential facilities, transportation and utility lifelines, vehicles, and agricultural crops. The model addresses building debris generation and shelter requirements. Direct losses are estimated based on physical damage to structures, contents, and building interiors. The effects of flood warning are taken into account, as are flow velocity effects. Details about the Flood Model. The HAZUS-MH Earthquake Model, The HAZUS earthquake model provides loss estimates of damage and loss to buildings, essential facilities, transportation and utility lifelines, and population based on scenario or probabilistic earthquakes. The model addresses debris generation, fire-following, casualties, and shelter requirements. Direct losses are estimated based on physical damage to structures, contents, inventory, and building interiors. The earthquake model also includes the Advanced Engineering Building Module for single- and group-building mitigation analysis. Details about the Earthquake Model. The updated earthquake model released with HAZUS-MH includes: ^ The (September 2002) National Hazard Maps Planning Partner Expectations Ada County Hazard Mitigation Plan-Update Page 8 of 9 ^ Project `02 attenuation functions ^ Updated historical earthquake catalog (magnitude 5 or greater) ^ Advanced Engineering Building Module for single and group building mitigation analysis Additionally, HAZUS-MH can perform multi-hazard analysis by providing access to the average annualized loss and probabilistic results from the hurricane wind, flood, and earthquake models and combining them to provide integrated multi-hazard reports and graphs. HAZUS-MH also contains athird- party model integration capability that provides access and operational capability to a wide range of natural, man-made, and technological hazard models (nuclear and conventional blast, radiological, chemical, and biological) that will supplement the natural hazard loss estimation capability (hurricane wind, flood, and earthquake) in HAZUS-MH. Planning Partner Expectations Ada County Hazard Mitigation Plan-Update Page 9 of 9 ~~E IDIANz;--- Ada City-County Hazard Mitigation Plamiing Partnership C/O Rob Planer, Tetra Tech, Inc. 90 South Blackwood Ave. Eagle, ID 83616 Dear Ada County Planning Partnership, MayorTammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba Please be advised that the City of Meridian is committed to participating in the update to the Ada. County Natural Hazards Mitigation Plan. As the Chief Administrative Official for this jurisdiction, I certify that I will commit all necessary resources in order to meet Partnership expectations as outlined in the "Planning Partners Expectations" document provided by the planning team, in order to obtain Disaster Mitigation Act (DMA) compliance for our jurisdiction. Kyle Radelr, PE, CFM will be our jurisdiction's point of contact for this process and he can be reached at: 33 E Broadway Ave, Meridian, ID 83642, 898-5500, and kradek e,mendiancrty.org. Sincerely, Tammy d eetd, Mayor r~ L MERIDIAN CITY COUNCIL MEETING November 10, 2009 L1 APPLICANT ITEM NO. L REQUEST Findings of Fact and Conclusions of Law for Approval: VAR 09-004 Ashford Greens Pump House AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: ~(" CITY ATTORNEY ~ CITY POLICE DEPT: CITY FIRE DEPT: COMMENTS See Attached CITY BUILDING DEPT: v CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: /~ Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of fhe Cffy of Meridian. MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 9/4 REQUEST Public Hearing: AZ 09-006 B1. Request for Annexation and Zoning of 5.02 Acres From RUT (Ada County) to R-4 (Medium Low Density Residential) Zoning District by B 1, LLC -East of Jericho Road, 1 /4 Mile South of Chinden Blvd., Approximately 650 Feet West of Locust Grove Rd. AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: COMMENTS See Project Flle ~~~ ~~r t'~ ~S ~' ~~ ~~ ~~ Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. MERIDIAN CITY COUNCIL MEETING November 10, 2009 APPLICANT ITEM NO. 9B REQUEST Public Hearing: TE 09-018 Settlement Bridge Subdivision No. 6. Request for an 18 month time extension to record the final plat by Capital Development -SEC of N. McMillan Road and N. Locust Grove Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: See Project File Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Merldlan. BEFORE THE MERIDIAN CITY COUNCII. C/C November 10, 2009 • IN THE MATTER OF THE REQUEST FOR AN ADDITIONAL 18 MONTH TIlVIE EXTENSION TO OBTAIN THE CITY ENGINEER'S SIGNATURE ON THE FINAL PLAT FOR SETTLEMENT BRIDGE SUBDPVISION N0.6, LOCATED SOUTIiEAST OF THE CORNER OF N. LOCUST GROVE ROAD AND E. MCMILLAN ROAD, IN THE NW %a OF SECTION 32, T.4N., R1E, MERIDIAN, IDAHO BY: Capital Development APPLICANT CASE NO. TE-09-018 ORDER GRANTING AN ADDITIONAL EIGHTEEN MONTH TIME EXTENSION FOR SETTLEMENT BRIDGE SUBDIVISION N0.6 This matter coming on regularly before the City Council on November 10, 2009, upon the Applicant's submittal of a time extension application for an additional eighteen month extension within which to obtain the City Engineer's signature on the final plat for Settlement Bridge Subdivision No. 6, which was originally approved on July 11, 2006, as provided in § 11-6B-7C, and good cause shown. IT IS HEREBY ORDERED AND THIS DOES ORDER THAT: The above named Applicant is granted an additional eighteen month extended period of time, until March 29, 2011, within which to obtain the City Engineer's signature on the Final Plat for the 6s' phase of Settlement Bridge Subdivision. Attached: Staff Report for the hearing date of November 10, 2009. ORDER GRANTING AN ADDITIONAL EIGHTEEN (18) MONTH TIME EXTENSION FOR SETTLEMENT BRIDGE SUBDMSION N0.6 (TE-09-018) Page 1 of 2 i By the action of the City Council at its regular meeting on the ~~ day of 4 .2009. .1 DATED this ~ ~ day of !~~`ti1~ , 2009. .~ ~. j, '~ Attest: = $$AL -90~T18t•~ O ., ~y ~,,'~~" Q`r Jay Holman, City Clerk ~~'~~.,~bIINTY . ,,.••'~~ fog` i~Y!?~'+ A~J de Weerd Copy served upon Applicant, Pl g Department, Public Works, and the City Attorney. • ORDER GRANTING AN ADDITIONAL EIGHTEEN (18) MONTH TIME EXTENSION FOR SETTLEMENT BRIDGE SUBDIVISION N0.6 (TE-09-018) Page 2 of 2