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Home My WebLink About2013-11-12(~~E IDIZ IAN+~- ~/ CITY COUNCIL WORKSHOP MEETING AGENDA AMENDED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, November 12, 2013 at 3:00 PM 1. Roll-Call Attendance X David Zaremba O Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Bellabrook Villas Subdivision Recreational Pathway Easement B. Approval of Water Main Easement from Richard and Beth Davies C. Professional Services Agreement with C.J. Rench for Fabrication and Installation of Meridian Split Corridor Phase 2 Public Art Project for an Amount Not to Exceed $95,000.00 D. Professional Services Agreement with Delta James for Meridian Arts Commission Strategic Planning Services for an Amount Not to Exceed $975.00 5. Community Items/Presentations A. Light My Fire Donation Presentation B. Annual Lakeview Golf Course Update by Erik Oaas and Annual Rent Waiver Approved 6. Items Moved From Consent Agenda None 7. Department Reports A. Fire Department/Police Department: Public Safety Strategic Presentation Meridian City Council Meeting Agenda -Tuesday, November 12, 2013 Page 1 of 2 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. B. Public Works: Department Report Regarding the Number of Connections Allowed on a Single Water Main Moved to 11/19/13 agenda. 8. Future Meeting Topics Adjourned at 4:50 PM Meridian City Council Meeting Agenda -Tuesday, November 12, 2013 Page 2 of 2 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 November 12, 2013 A meeting of the Meridian City Council was called to order at 3:03 p.m., Tuesday, November 12, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, David Zaremba, and Keith Bird. Members Absent: Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Jacy Jones, Caleb Hood, Kyle Radek, Jeff Lavey, Scott Colaianni, Mark Niemeyer, Warren Stewart 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: Welcome all of you to our City Council meeting. It's always nice to have guests come and join us. For the record it is Tuesday, November 12th. It's a few minutes after 3:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: One minor modification to the agenda would be the moving of Item 7-B until the 19th of November. With that change I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as changed. All those in favor say aye. All ayes. Motion carried. Meridian City Council November 12, 2013 Page2o131 MOTION CARRIED: THREE AYES. ONE ABSENT. Item 4: Consent Agenda A. Bellabrook Villas Subdivision Recreational Pathway Easement B. Approval of Water Main Easement from Richard and Beth Davies C. Professional Services Agreement with C.J. Rench for Fabrication and Installation of Meridian Split Corridor Phase 2 Public Art Project for an Amount Not to Exceed $95,000.00 D. Professional Services Agreement with Delta James for Meridian Arts Commission Strategic Planning Services for an Amount Not to Exceed $975.00 De Weerd: Item 4 is the Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approval the Consent Agenda and authorize the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Community Items/Presentations A. Light My Fire Donation Presentation De Weerd: Item 5 under Community Presentations, we have the folks from Light My Fire to present a check to our fire department. As you're coming up -- come on forward. I don't know who is coming. But I do want to thank you. You know how to put on a Meridian City Council November 12, 2013 Page3of31 great event and you certainly know how to squeeze money out of anyone's pocket that attends, so I'll first congratulate you for that. Cahoon: Okay. Well, on behalf of the committee -- you see all these awesome people up here today -- I have the honor and privilege to represent the committee. Over here is Pam Orr, Meridian Fire, she's a tremendous support to the committee and Mitch with Paul Davis Restoration and, then, we have Jack Mason, Meridian Fire, and, chief, he's there. Last year he actually worked really hard to -- held off the water and did a pretty good job of it. Over here is Judy Ricketts, she's one of our originals. She's been with this committee for 20 years, both she and her husband Bob with Ricketts and Associates. Andrea Bradshaw with Belfore and Chrissy Taylor with CTR. And this represents the hands and legs of the people that work so hard to bring in the money -- bring in the money, that's what we do, and over the last 20 years we have raised between 280 and 330 thousand dollars. Originally it was with Boise. For those of you that don't know much about Light My Fire, it's not an Internet dating site, but it's a fundraiser where we work hard to give that money back to the communities. It started out with an essay contest to find out how much kids remembered from the stop, drop and roll in the second grade and, then, sixth grade they wrote an essay to see how much they remembered -- you know, how much they remembered from that and, then, Shane Walker from Boise Fire came up to the Boise Independent Agency Association and said, hey, you know what, our firemen are out there in the middle of the night, sometimes families don't have their shoes on and in their pajamas or not, and our firemen are giving the money right out of their pockets and can you help us with a fundraiser and that's where that originated. And, of course, the agency association said yes and, then, eventually we expanded that out to Meridian with the fire on safe houses and prevention and it's been a tremendous ride. As you say, we come up with great things to do. You were there last year, Mayor, with our pirates and gypsies theme and last year we were able to raise 26,000 dollars -- 26,500 at pirates and gypsies and, then, we had a golf tournament and we thought, you know what, we are not raising that much money this year and we upped the ante to say can we reach a higher number to 8,000 and instead it was 7,300, we are going to do that again. So, we are splitting it in half. Well, 60 percent will go to Boise, because they are bigger, 40 percent to you guys, because you're a little bit smaller, but very important to us, and so I have the honor today of giving away two different checks -- I hope I didn't drop one on the way up. Oh, there we go. So, on the prevention side -- that would be the chief, 6,760 dollars. And, then, on the burn out fund, the same amount, 6,760 dollars. So, on behalf of this committee, thank you. I would also let you know that we are having our fundraiser again this year and -- yeah. By the way, we would love for you guys to come. We like to have fun, as we say, and it's going to be a stop, drop, rock and roll '50s theme and I have a save the date stand-up cam on this one. It's got a handout. It's on February the 8th. So, please, mark that on your calendars. We won't have a registration up online until December the 1st, but put that on your calendars, because we would love for you to come and we are going to encourage you to break out your bobby socks, poodle skirts, rolled up jeans, and T-shirts to rock and roll, raise some dough, while having fun for Prevention and Burn Out Funds. Meridian City Council November 12, 2013 Page 4 0131 De Weerd: That's great. Oh, good, I didn't have to ask you to comment. Niemeyer: You didn't even have to ask, Madam Mayor. You know me, I can talk. Madam Mayor, Members of the Council, you hear me talk a lot about collaboration partnerships and we are going to talk a little bit about it later on today in the presentation, but surely that partnership of Light My Fire has been incredible for us and, really, it's to the hard working people that you see behind me and many more. We are here to support it. We do whatever we can to support it, but, really, the work is done by the folks behind me and to be able to hand a check to somebody who has been burned out of their house is something you don't forget. When they receive that and they are in their darkest hour and their worst day and we can help them out a little bit, based on the work that they have done and the work our association does as well, makes it all worthwhile to be able to be there for those people and so, Susan, we appreciate all the work that you guys put in. We couldn't do it without you. I know on Pam's side, on the prevention side, these dollars go a long way helping get the fire prevention and safety message out to our kids, to our at risk populations. You know about the smoke detector programs and the things we do and these donations go an incredibly long way to help meet that mission. So, I would thank all of you. Thank you. De Weerd: Thank you, chief. And I would say that I know our fire administration, we have some firefighters in attendance, our -- our pipes and drums participate. I certainly know Pam and Judy have been good about that. I will challenge our City Councilmen to, please, look at this on their calendars. Our new City Council Members as well. And it is a great time. I have been the last two years and a bunch of good people. It runs amazingly well. There is some good, healthy fighting going on among the items. I think Chris Amenn, if he's here, he still did get our item. It was for his daughter. We just couldn't -- we couldn't win on that one. But I think you guys do an awesome job and it does to a great cause. So, you're helping us serve our citizens, our community in a fashion that many don't think of. So, heartfelt thanks for all you do. So, thank you for your joining us today. B. Annual Lakeview Golf Course Update by Erik Oaas and Annual Rent Waiver De Weerd: Okay. Item No. 5 is our annual Lake View Golf Course update and I will invite Eric up at this time. Thank you, Eric, for joining us. Oaas: Thank you, Madam Mayor. Eric Oaas with Lake View Golf Course and I want to, first of all, thank you, Madam Mayor and Members of City Council for inviting us here to make our annual report. The golf course continues, in my estimation, to do some amazing things and we believe we are -- we are making steady progress with each passing year. Operational update from a management standpoint, Lake View Meridian Investors, which is Steve Laney and myself, are the sole members and sole owners and operators of the lease from the city. Earlier this year we decided not to extend the contract that we had with Raven Golf Services and it was certainly nothing against Raven Golf Services. They did an outstanding job for us during the period of time that Meridian City Council November 12, 2013 Page5of31 we were working with them. They helped -- honestly, they helped us through some -- a very difficult period that -- that we had, which I'm sure we are all well aware of. They told us at the time that they came -- that we brought them on board that they ultimately -- we would ultimately outgrow the need for them and we decided that that, in fact, had taken place this year and we were ready to move on and we left -- we parted company with them on very good terms and if -- and, in fact, we are continuing to utilize them with some of their equipment on a maintenance agreement. So, certainly a lot of thanks to them for helping us through a difficult period and if we ever called on them again I know they would be back. From a personnel standpoint, we have made some -- a key change this year. Our head golf professional is a gentleman by the name of Ryan Roll. Ryan has an extended history with -- in the golf business and has been working on his PGA professional certification for about four years and he expects to have that completed in the spring of next year. Just a fabulous individual and we are -- we are just delighted to have him with us. Course superintendent continues to be Rich Rush. Rich, as anyone knows who has been around the golf course for any period of time, Rich has just done a phenomenal job. He and his crew are just -- just incredible and certainly -- certainly we appreciate all that they do. Let's talk a little bit about the maintenance -- just general maintenance we did this year. Per the agreement with the city all -- all of the items that were -- that were listed on the -- the maintenance agreement were performed and were completed as per plan. We also, just from a maintenance standpoint, removed several trees that were -- that were a hazard. Some of them were -- you know, the big cottonwood trees that were certainly great for providing shade when the course was built, but after awhile they grow real big and they die and, then, their -- their limbs become a real hazard. So, we -- we had a professional tree service come out and take down the one on -- on the 12th fairway and we took down two of the other ones on our own with our own team. We rebuilt the bridge on the number four fairway and this year we -- thanks to Jaykers nursery donation of trees, we planted another -- another 14 trees this year. That brings the total to just under 200 over the past couple three years and now we are getting people saying don't plant anymore trees, you're making it too hard for us. But, nonetheless, all of the locations -- some of the trees went into spots where -- where the ones -- you know, where you lose a few from year to year. We always, from a maintenance standpoint, due to the fact that irrigation in the canals was cut off early -- a month earlier than usual, we had to set up a -- sort of a special connection with the Ashford Greens well in order to -- to provide us just the bare essential watering for the course in the month of September and October and, fortunately, you know, it actually worked out, you know, reasonably well. The improvement for this year -- we bought five new golf carts -- new to us. But completely refurbished by Stan's Golf Carts here in the valley, at a cost of 13,000 dollars. We replaced -- purchased and replaced all of the patio furniture that was in pretty bad shape. We also today, as coincidence would have it, today we launched a new website for the golf course and the url has changed slightly to make it a little bit easier for people to find. It's lakeview-golf.com and you will find -- we would encourage everyone to, you know, take a look when you have a chance. The website is just -- it's been redesigned, the Creative -- launched by a firm by the name of DTX Creative in, you know, up the valley a little ways, but they are very strong patrons of the golf course and they just did an outstanding job. The cost of that was 7,000 dollars. The tree Meridian City Council November 12, 2013 Page6of31 planting was another two and we have had some -- as you know, we have had a couple -- a couple of break-ins over the last couple of years. One even as recently as this year. I'm pleased to say that the Meridian Police Department solved the crime and found the individual responsible, but we have decided that we really needed to get better camera coverage of the restaurant and in the -- and in the pro shop. Total -- total capital expenditures for this year were about 25,000 dollars. Current challenges, which is something that we -- we talk about all the time, but the irrigation system continues to be our number one and greatest challenge that we have. It's -- it's a very spendy project. The crew that we have from a maintenance standpoint are doing an incredible job hand watering in places where necessary and, gosh, we just -- we just hope that Tom Funkhouser lives to be 150 years old, because he -- he knows that system backwards and forwards and nobody even tells Tom what to do, he just handles it and he's out there day and night, weekends, holidays and he's quite a guy. He can't hear very well, but by gosh I will tell you what, he know the golf course and he knows that watering system. So -- so, we pray that he will live to be 150, but in event that he doesn't, we are -- we are still very hopeful that the city is successful or continues to be successful in its efforts with the EPA and your permitting process. We ultimately would -- would love to be able to use reclaimed water. It makes good sense for us and for the city and it makes good sense for the environment. Current opportunities. As I have mentioned before, the loyalty of our golf course community is incredible. Our mens and womens associations and our individual patrons continue to, you know, put forth a tremendous effort to -- to help improve the golf course and the facilities. We had folks helping us with the bridge repair this year. We had folks that donated a new ceiling fan for the restaurant and -- and bar area. We had a patron donate a large screen TV. I mean these are -- these are, for the most part, unsolicited and, you know, it's just amazing the community and the community atmosphere that people feel at Lake View is -- is certainly proven by, you know, what they will do to help continue to improve the facility. Our maintenance, as I said, is excellent and with the -- just unbelievably hot temperatures this year our greens were just incredible. Capital improvements plan. You have seen this before and because it's -- it's a seven year plan there are no changes to it this year and the golf carts that we purchased this year -- well, you know, the capital that we -- capital expenditures that we had were well in -- in excess of the 6,000 dollar minimum. Finally, then, I just would like to thank you, Madam Mayor and City Councilmen, in general, especially Councilman Rountree who attends all of our focus meetings and Mr. Siddoway who is an incredible supporter of -- of everything that we do out at the golf course and our patrons, our contractors, our suppliers, we just are really very excited and very grateful for those that helped continue to make the golf course a -- you know, a success and we believe we are working on that one year after the next. I'm open for any questions. De Weerd: Thank you, Eric. Any questions? Bird: I have none. Rountree: Madam Mayor? Meridian City Council November 12, 2013 Page7of31 De Weerd: Mr. Rountree. Rountree: Just for general information, Eric, have you seen a continued flattening or has there been an increase in play this past year? Oaas: There has been -- we did see -- excuse me. We did a see a slight uptick due to the fact that Foxtail closed this year, but generally speaking, you know, it's pretty flat. You know, golf in general is -- you know is -- it's not a -- you know, it's not something that the people -- all the investment community are rushing out to invest in. So, it's pretty flat. We are -- not that we were glad that -- to see a golf course close, but -- but it was helpful -- you know, I mean that -- that land was used for something much more valuable, but it was -- it did -- that golf course in particular and ours, you know, sort of share and overlap some of the people that we serve, so -- so, it did help a little bit. Rountree: Thank you. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would just like to comment that from the very beginning I appreciate that this was called a progress report, as opposed to just the annual report. That's a good word choice and just your appearance is much more optimistic this year than I remember previous years. You looked troubled many times when you have been here. I'm happy to see you smiling and I know it's still squeaky out there, but from my view from my house things are improving and happy to see you smile. So, thank you for your report. Oaas: You bet. Thank you, Councilman Zaremba De Weerd: And I just wanted to make sure that Steve and his staff were properly appreciated for the tree plantings. I know that there is a lot of organization to -- to placing and making sure the neighbors are okay with it and organizing the Eagle Scouts and all of that. So, certainly kudos to Elroy. Anything else from Council? Bird: I have nothing De Weerd: No? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I don't know what form the motion is, but I think a motion is in order, right, Bill, on the -- Meridian City Council November 12, 2013 Page8of31 Nary: Madam Mayor, Members of the Council, you can do that, since Mr. -- since Mr. Oaas is here. In the future you would have the report and, then, do that -- it's automatic -- Rountree: It's automatic from now -- Nary: Yes. Going forward. Rountree: -- in the next cycles. But -- okay. Thank you. I move that we accept the golf course annual review and move that we waive the annual rent fee of 6,000 dollars based on the capital improvements that have been made. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discuss? Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: And I would note that, Caleb, thank you for pulling up the website. You have it on the overhead screens. So, it does look nice. Oaas: Thank you. Thank you, Madam Mayor. Thank you, City Council. I sure appreciate it. Item 6: Items Moved From Consent Agenda De Weerd: Thank you, Eric. Okay. There were no items moved from the Consent Agenda. Item 7: Department Reports A. Fire Department/Police Department: Public Safety Strategic Presentation De Weerd: So, we will move to the item you're all just dying to hear from. I will turn this over to our -- it looks like Chief Lavey is up first. Lavey: Madam Mayor, Council, thanks -- thank you for the opportunity to speak today. A couple of things. And I see the rumors have already got out there that I was trying to compete with Mr. Barry in slides. I have 36 slides today. I do not intend to cover all of those in depth, they are mere -- they are there to create dialogue and I also have -- noticed in going through some of those slides they are really kind of hard to read, Meridian City Council November 12, 2013 Page9of31 because of the size. I thought I was Finance there for a minute and wanted to shrink them down and I will forward electronic versions out to everybody. De Weerd: Trying to be like everyone else. Can you be original, chief? Lavey: Yeah. Except for -- to open it up today I'd like to say that in a recent cleaning of files at City Hall the Police Department came across an entry level exam for fire department. Now, I do not recall what year this was, but I do recall what question number one was. Which is larger a watermelon or lima bean. That is why I'm going first today. And I got that in writing and I will leave it right at that. So, Madam Mayor, Council, I believe it was last month and it could have been the month before that, I was supposed to come in front of you and about our strategic update for the Police Department and due to a scheduling conflict I wasn't able to do that. Now, we have these planned out several months in advance and they talked about doing this on a different night. We talked about scheduling it in February and it was something that we wanted to do this year, rather than next year, so we discussed having a public safety strategic update and that's why you will see police and fire here today to present. I noticed you cleared the entire agenda, except for these -- this item and I guess that has to do with the fact of anytime you have two chiefs talking who knows how long we are going to be here, especially when they have 36 slides. Some of these slides you're going to recognize, because we covered them I believe in last week's presentation, but really I think the theme of today is investing in our future. Our mission at the Police Department merely is to serving our community through education, prevention, and enforcement. Before we get too far I really want to give kudos to the men and women of the Meridian Police Department, the brothers and sisters of the Meridian Fire Department, and our community for everything that they do. Our success is because of their hard work. It has nothing to do with me or the fire chief, it has to do with having a great staff working together to make us successful. And, then, the full mission statement for the police department is to provide the highest quality service in partnership with our community to preserve and protect life and property through education, prevention, and enforcement and that's really what it's all about for us. Bird: Finance printed this out for you. Lavey: What's that? Bird: Finance -- Lavey: Finance printed this one out. This was -- this is our current org chart. As you can see it's quite large. When I came to Meridian in 1997 I was the 31st police officer and now we have 87. We have talked about this in the past and this is just a real quick refresher, but your Police Department has four divisions. Administration. Patrol. Community Service. Investigations. We have 87 sworn officers. We have 27 support personnel and two of those are part-timers. With the administration it really covers myself, the deputy chiefs, administrative assistant and, then, someone is assigned to special projects and IA on a part-time basis. Patrol is really the people that the public Meridian City Council November 12, 2013 Page 10 of 31 sees first. They are the first responders. They are also the ones that do the traffic unit, the motor unit, the K-9 unit, the bicycle unit and everything else that gets pawned off on them. Your investigations you will generally see -- it's your crimes against people, it's our crimes against property, it's your impact team, which is your proactive enforcement team. ITAC, Internet Crimes Against Children. Metro Violent Crimes task force and your DEA task force. Community services makes up your school resource officers and your neighborhood contact officers, the code enforcement officers, crime prevention, crime analysis, volunteers, MADC and your alcohol compliance team. I guess this would be a perfect opportunity right now to give you a little update on your alcohol compliance team. We recently just did another operation this last weekend and I believe there was 12 restaurants, stores, and bars that were contacted. We had one hundred percent compliance. Now, that's disappointing, probably, to the officers that were on the team, because they probably wanted to do something, but that is a powerful, powerful statistic. One hundred percent compliance. I have been working with our city PIO Natalie and we are going to put together a story on that success and identify the establishments, so they are aware that their hard work is paying off. So, to our kids. I came across this picture. This is Red Ribbon Week down at the state capital. Ponderosa Elementary is in there, but this really is going to kick off the discussion that I have for MADC. This is kind of a unique group. This is the Mayor's Anti-Drug Coalition or the Meridian Mayor's Anti-Drug Coalition and this has been something that has been going on for quite a few years now and it's housed down at the Police Department. So, really, it's a partnership between the Mayor's Office and the Police Department that make this work for us. I want to tell you that I'm not the best spokesperson for this, maybe the Mayor is, maybe some of my staff is, but I will tell you in my opinion that the biggest impact is in our schools and our community with what the Anti-Drug Coalition does. It provides the drug awareness and prevention and education to our citizens and to our children. It's partially funded by a federal grant and that was for the last five years and the reason why I want to bring this up to you today is we did not receive our federal funding for year six and, really, the biggest impact that this has for us is about 40,000 dollars in salaries. We would request that we continue this position and if we need to convert it to a crime prevention officer we can do that, too, but we would like to continue with great successes that we have and maybe I can yield to the Mayor at this time and see if she has additional comments to Council on that note. De Weerd: Council, I think it's no -- no secret as to the impact the MADC has had in our community, not -- not just in our schools, but on our playing fields and our -- on our streets with some of the activities that we get these -- the volunteers to step up and help us in. Like the Meridian Valley Humane Society, the members of the coalition have locked arms and provided a service I think you can't put a value on and raising awareness and being part of prevention efforts and partnering with the Police Department and a common goal was of keeping the problem at bay before it gets out of control. We have augmented much of the -- the cost to our community through the grant for the last five years and we have national award winning programs that have been established. We have seen great impact in some of our numbers and we are also taking some of the lessons learned to other communities to help them out in their prevention activities. Everything that the MADC has done has been with the mind set of Meridian City Council November 12, 2013 Page 11 of 31 can it be replicated in other communities, which I think has been really important. We are a police department that the rest of the state looks to when they are trying to find solutions to issues that are faced in there -- in their city and I guess what all of that means is we have a solid program with a pretty small cost to the large impact that it has in terms of prevention and in terms of solving something before it becomes an issue. So, we -- we are hopeful that -- it is budgeted. What isn't budgeted or was also budgeted, but won't come in, is the grant, because we did anticipate getting it. So, we will need action at some point from Council in -- on this item and would ask if there is any questions. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I don't -- I -- it's something we got to continue and where we find the money, whether it's in the Council, the Mayor's Office, or something, we got to get it done. I don't want to see it taken out of our salaries of our police officers, but we definitely got to continue to have that group active like they are, like you say they are, the leaders -- in fact, in the state as far as I'm concerned, at getting the drug prevention out to our youth and that's a major proactive item that we need to continue and continue more. So, we will find the money somewhere I believe. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I agree with everything Councilman Bird said and I would add I think a point that's probably already been made as well, that awareness, prevention, and education, even if there is a cost to it, is far cheaper than playing catch up later. I think these programs have been effective, that's why Meridian is in the lead here and I absolutely support -- as Keith said, we will find the money someplace. I think whether the federal government has ended their contribution or not we need to keep this going and it's worth us doing it. De Weerd: Well -- and I would tell you that I know Lieutenant Overton is certainly committed to applying again next year and so we are not going to leave that alone, but I do know when we went in to applying for the drug free community grant five years ago, there was a commitment from the city at that time that regardless of if we got the grants or not this is an important outreach prevention, certainly as Councilman Zaremba mentioned, does cost less than the alternative and certainly this is in the best interest of our community as well, so -- Rountree: I support moving it through the budget process De Weerd: Okay. Meridian City Council November 12, 2013 Page 12 of 31 Rountree: -- to firm it up Lavey: Madam Mayor, Council, thank you. It is already budgeted. The only difference is that we would not have revenue coming in to balance it out at the end of the year, but I will talk with Finance and see what we need to overcome. The other thing is we also filed an extension with the federal grant -- federal government on the grant to use up some of the monies to carry us for a few more months before the grant closed out, so we are in pretty good shape right now. Really, it's just a discussion point for next year when we have our budget workshop. So, I thank you. I'm going to turn a little bit and talk about the future. One of the things that we are increasingly faced with is that the growth that this city is experiencing is putting greater demand on the services. It's not just the police department, but it's all the services that the city provides. Today I am speaking on behalf of the police department. Public safety must grow to maintain or improve the current levels of service that we now enjoy. The exceptional quality of life and the low crime just doesn't happen. It happens because we invest in it. I'm going to talk alittle -- this is where some of it might be hard to read and so I just want to give you a five year trend and a call for service. On this graph we really talked about the 911 calls coming in and, then, the calls that came in on nonemergency line, unknown calls, and, then, officer-initiated calls and as you see we are currently tasked with -- or about 62,603 calls last year and 45,545 just through September of this year -- I believe the next slide indicates that they are estimating our call to service are going to increase about 65,000 by completion of FY-13. Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree Rountree: Jeff, just looking at the trends, those things that you would anticipate are good things, look like they are happening, that calls are reducing, but can I correlate the increase in officer-initiated calls as a possibility of why that's happening, if there is more activity? Lavey: Yes. Rountree: Okay. Lavey: When we actually had the -- that's one of the biggest things that we saw when we added the impact team is there was a lot of proactive enforcement taking place and that's why you saw some of that increase. Rountree: And that's good. Lavey; Yes. Response times. This is a little bit of the bad news. Last year we were celebrating some great response times. We saw a trend where the response times were deceasing each. Just so you know, at the bottom of the page you will see priority three, priority two, priority one. Priority three calls are the lights and siren type calls, Meridian City Council November 12, 2013 Page 13 of 31 they are the emergency calls where you have to get there as quickly and safely as possible. Priority two type calls are urgent type calls where you need to get there without stopping for coffee and everything else. It's fairly urgent that you get there. Priority one calls are like the every day calls that are coming in, it's a report call, no suspects on scene, when an officer has finished up his priority three and priority two calls, then, he will go to the priority one calls. If you will notice that our five year trend is projected response time -- right now it's four minutes for a priority three call, seven minutes for priority two calls and one -- eight and a half minutes for a priority three call. Now, those are all great response times. If I had a report to file with the police department and it took an officer eight and a half minutes to get there, I'm probably going to be pretty happy, but if I have an emergency and I'm calling 911, that's going to be the longest four minutes of my life until they get there. So, anything that we can do to decrease our response time is beneficial to the person calling us. We don't know what the correlation is right now, but I guess that some of it has to do with construction. We had a major construction project that we just finished, although we are getting ready to start a major one again. That may have had some impact on -- on response times, but the other thing is with the increased calls for service, it's just taking officers longer to get freed up to go to the next call. So, that's a trend that we are currently evaluating as we move forward. These are some performance indicators. I have to tell you that my crime analysis person told me that this is a draft form and she didn't want me to bring this up, so I will tell you it's draft, draft, draft. This is just some of the things that we are starting to work through. But it gives you just some indications of population of the -- of the city, some projected populations. Officers per thousand, the land area that we cover, some annual operating budget and our personnel budget, our training budget, just kind of toying with cost per capita, how much it costs per citizen for a police officer and our overtime usage. I like to see that negative number there on the -- the overtime usage. Talks about the authorized personnel, which is a total of 114. We have already gone over the 87 and the 27. So, we will go down to the bottom and she's just toying with right now with the number of -- of arrests and you can kind of see there from 2009 through 2012 the number of adult arrests, juvenile arrests, that we are making and how it relates to the rate of per thousand. If we were to maintain our officer-to-citizen ratio as it stands right now, based on the projected numbers and that -- that ratio, these are some of the numbers that we are looking at over the next number of years. Now, I do not believe by 2015 we are actually going to make 94,289, but I could be wrong, but our projected numbers for 2013 are really spot on right now. More -- this is similar -- the top portion is similar to what we just covered. The bottom portion actually talks about crashes and the good news on this one is that our injury crashes are decreasing by 12 percent. The bad news is is our property -- our property damage only crashes are increasing. They increased about 1,100 -- or not 1,100 -- but by 100 this past year. And you can look at this at a later date, but you can kind of study the trends. I think this is just a different look at some of the other figures we have. I'll pass over this. DDACTS. I'm not a fan of acronyms and so I actually had to write this down, so I didn't mess it up, but we talked about this in the past, Data Driven Analysis of Crime and Traffic Safety. And, really, that's a fancy word to say that we have someone that's sitting down and studying our crime rates, our crash rates, putting them on a map, overlapping them and saying where is the biggest problems that we are experiencing in Meridian City Council November 12, 2013 Page 14 of 31 our cities and without adding additional resources how I can actually send an officer to that area and work it and maybe help reduce crashes and maybe help reduce crime. I'm going to go over these real fast. This is the DDACTS zone that we are going to talk about. This is one -- the primary one that we established really has to do with the Eagle corridor. Fairview as the northern boundary and just north of the interstate is the southern boundary. You can kind of see the western and eastern boundaries. As you see the -- the larger the dot the more crime is occurring and you can see that the larger dots are within the area of our DDACTS zones, both for crashes -- especially for crashes and for crime. These are some of the numbers -- I really found them hard to read. I can't even read this and so I will forward this to you in an electronic version so you can have it. These are some of the graphs that we are putting together. But this one is also hard to read, but you can kind of see the negative numbers there. That's -- that's the reduction in actual crimes that are occurring in the area. But, really, this is graphic tells a bigger story. If we talk about the reductions that we are seeing from working those areas. The ones there at the bottom are DUIs, drugs, narcotics, shoplifting, theft and vandalism, I will tell you that that's the one area that we have not seen a major impact on is shoplifting. I don't believe that shoplifting is having -- or us patrolling those areas has really had any deterrent effect to the shoplifters within the stores. But I will tell you it does have an effect on people that are going to those stores to commit fraud, they will see officers that are patrolling the area and, then, move on and go to a different area. The one thing I would like to point out, though, is that the northern zone of our DDACTS zone right now is the Meridian Village and one of the things that we have discovered so far is that calls for service have increased 25 percent in that area this past year. One thing to note is that the Meridian Village is not fully operational and if we are seeing this 25 percent increase now what are we going to see in the future and some of the -- the problems that we are facing -- the number one problem is crashes, but we are also seeing thefts, alarms, and I put disorderly type conduct, because it's a wide range of disturbance type calls, people not wanting to pay their bills, suspicious people in the area, that sort of thing. And, then, because of the activity that we are seeing we are adding a new DDACTS zone for 2014 and that will encompass the Meridian Village on the southern end and it will go to the -- I believe it's to the Boise -- because the city of Boise kind of crosses us at the northern area -- go up to the border of Boise city. I always get a point for adding Scott into my presentations and so I had -- I found this one yesterday and I had to put that in there. I do not know what he's going to -- trying to be a lieutenant colonel or something in the military or something, but I figured this is the subject line to talk about succession planning. You can just stare at it for a moment or two or three or -- you're loved, Scott. I want to talk about future potential enhancements. We talked about this last week as far as the remodel and the expansion of the main police department. We talked about the added training annex to the police department. I think we briefly might have touched on substations and let me just cover that a little bit in that some of our thinking is that if we reduce the size of the building expansion we can actually put the officers out into the field and work out of a substation. We currently have a substation in Fire Station No. 5, which is a room where officers can go do reports and make phone calls and that sort of thing, but it does not have a public access to it where the public can actually come in and so we are actually studying the concept of -- in the area of the Meridian Village Meridian City Council November 12, 2013 Page 15 of 31 putting in a substation that would actually have public access where it might be staffed by volunteers who could run the front desk and people could come in and ask questions and get information and officers could work out of that. One of the other things that we are looking at is putting in a similar substation in -- in Fire Station No. 6 in the southwest portion of the city and that would cover any future growth in the Ten Mile corridor area. Currently that substation is not planned to have public access, but that's something we could explore at a later time. We are looking at increasing the size of our dedicated bicycle unit. We currently have two full-time bicycle officers that work approximately ten months out of the year on bicycles. One of the things that we are exploring now is maybe putting bike carriers on the back of cars where they actually can carry their bikes with them and, then, go out into the area and possibly ride bikes when the staffing allows, but we would like to -- we have seen such great success with the bicycle unit we would like to add additional officers dedicated to that unit. Special events team. This past summer we actually put the bicycle officers in charge of special events. Anytime you had movie night, anytime you had some sort of function going on in Kleiner Park or over in the Village or anyplace else within the city, we sent the bicycle unit to work it. So, we are calling that kind of the special events team. They always deal with parades and everything else that happens within our city. Sometime in the future we are going to have to look at having afull-time PIO. Right now our deputy chief is the PIO and he fields calls on an every day basis. We do utilize Natalie, but we get to the point where we almost feel like we are taking away all of her time, which was not the intent. One of the things that Mr. Nary and I have discussed over the last couple of years and we really need to take a serious look at this, is the full-time attorney for the Police Department. If you look at our public information requests alone that come in on a weekly basis we can keep an attorney busy full time just on that alone. One of the other things that we want to explore for next year -- and I believe there is a conference call tomorrow with a vendor to talk about equipment and costs for agencies in the valley. Forensics analysis. It may not come as a surprise to you, but the computer fraud type cases that we have, the smart phone type problems that we have, other technologies that we deal with has surpassed anything that we ever have seen in law enforcement. We currently have a detective that is assigned to handle a lot of these things, but they can't keep up. Just to have the state crime lab analyze a computer the back log is nine months now for a computer. So, we are going to have to invest in some staff to pick up the slack there. If you remember in my presentation earlier I talked about having apart- time person assigned to special projects and IA. We believe it's time that we need to make that afull-time position and probably make it an administrative lieutenant position based on the types of duties that they will be assigned to. Back in early 2000s you had a former police chief Bill Gordon put together a -- an org chart that represented a rank structure that was probably too early for its time, but I think he was probably putting it in for the wrong reasons, but when you look back on what we was putting in place then, it's something that we need now, we have to explore bringing back our captain positions. We currently have our lieutenants that are assigned to administrative tasks that are way beyond their level as a lieutenant when you look at their job description and what they are tasked to do versus what they are doing. They are not being compensated properly for that. They are not available to be out there in the field when we need them to be out there, because they are working all these different projects. We Meridian City Council November 12, 2013 Page 16 of 31 need to start looking at bringing some more administrative positions in place. We have talked about this in a -- over the years, but I currently have a sworn officer, a sworn supervisor that is covering fleet issues, building issues, logistic issues within the police department. It's time that we make that a civilian position. And, then, one of the things that we are looking to add is another K-9 position. Our goal all along has been to have six K-9s, one for each patrol team, but it seems like we take one step forward and we take two steps back, just when you think you're up to full staff and something else happens. So, we are currently sitting at five K-9 officers. So, sometime in the future we would like to add another one. Another thing that is not on the -- this presentation today, but I was reminded of is that we had sent a third officer to motor school and our intent was to put in for a motorcycle for FY-14 and as you recall we did a budget amendment in -- earlier in the year for a replacement motorcycle, because the costs of repair were far greater than the value of the bike and so we bought a new motorcycle this last year. Well, somewhere in the process we mixed that up thinking we already had a bike and we missed the third bike, so now we have three officers that are certified in motor patrol that are sharing two motorcycles. So, sometime in the future we are going to have to add a third motorcycle. This is just for you to study into the future, but I just talked about adding those positions and this would be what the org chart would look like if we sometime in the future added those positions. Future considerations. One of the things I had discussed with our staff and I believe we discussed this with the Mayor as well, is police officers are expensive. It's about 255,000 dollars for three police officers and perhaps it's time that we look at what sort of duties our police officers do that someone of a civilian nature might be able to do and so we have explored community service officers. They might be the officers that deal with found property. They might deal with closed reports. We don't know yet. We are in the very early stages of researching this. But a community service officer we could pay less than a police officer and, then, we would have a police officer that would be available for some of the more high risk type calls. Again, it's early stages, we are thinking outside of the box. I know other agencies that have explored these, but I realize I can't come in here and ask for ten police officers, it's just -- financially we are not going to be able to do that. But we are going to have to do something. One of the things that I mentioned earlier was -- was volunteer staffing at the community substations, increase volunteer patrols in other parks beyond Kleiner. One of the things that we did when we put our park patrol in for Kleiner is we told everybody let's start small, baby steps. Let's see if we have great success. If we have great success, then, we can move that into other parks. We had great success this last year. I don't know if I'm ready to say let's move it into parks, but -- and, then, we talked about this last week at the presentation, but I just want to keep this fresh on everybody's mind is that once we start the construction on the -- the training center we are going to start engaging our community in the scenario village partnerships. We see a major major opportunity there with a bunch of different groups and once they see construction I think we might have greater success in getting them on board. And, then, we talked about this I believe last week and so this is only to spur conversation if you'd like to explore it further, but part of the remodel it is add additional work spaces, add additional locker room spaces, a larger briefing room, increase evidence storage and additional employee parking. And we covered that last week, so I will leave it at that. I saw -- this was another photo and this is -- Shelly -- is Meridian City Council November 12, 2013 Page 17 of 31 she walking there? But Shelly is kind of walking out here, but this is David Gomez and I'd just like to say a couple words on David Gomez. He's a school resource officer for Lewis & Clark Middle School. You might have seen him on the news. He has been teaching classes on cyber bullying, he has been teaching classes on Internet safety, he's been involved in MYAC, he has been involved in MADC and probably everything else he can get his hands into. He's a great asset to the police department, but every time I see him dancing with the kids it kind of makes me cringe, but, then, realize that's what it's all about, him being himself and engaging. The true measure of engaging our youth in a successful manner. So, with that I stand for any questions or comments the Council or the Mayor may have. De Weerd: Thank you, chief. Council, any questions? Bird: I have none. Just a nice report, chief. De Weerd: Nothing? Rountree: Chief, even though you didn't ask, you did ask, and I guess the response at this point is is this going to be a part of the budget process next year? De Weerd: No. It will be a fun capital improvement plan process. Rountree: And capital improvement plan as well. Lavey: You know, I think the fun starts tomorrow when we have our impact community meeting and, then, it starts later on when we have other discussions. You know that there is a many step process that we go through. It will definitely be spirited. Well, if there is no other questions or comments, I will turn this over to my partner Mark Niemeyer and we will see what he has to say for us. De Weerd: Thank you, Chief. Niemeyer: I don't have any test requirements for the police department with me. Those are going be locked. I don't know where Jeff keeps them, so I can't come back on that one. I will say when Jeff came to me and said what do you think about doing a joint presentation, I just felt like, you know, what a great fit. You all see the little competition that goes on between he and I and between our departments, mainly at my taking, but what you don't see is the amount of text messages, phone calls, lunches that we just go out and talk and talk about our organization, talk about the city as a whole and to have somebody like Jeff and his knowledge and his expertise, his mentorship, has been very valuable to the Fire Department. Hopefully we have been the same in that partnership and so to Jeff and his team, you know, thank you in all sincerity and I wish I had a picture of Scott, that was kind of nice, but I don't. Yeah, if you can get me one for my next presentation that would be great. Really, I will admit I don't have as many slides as Jeff. This is more of a conversation that we are going to have. But the focus on this is not necessarily a strategic department update as it is a collaborative partnership update Meridian City Council November 12, 2013 Page 18 of 31 and to me that's in the fire service, both locally in our department and in Ada County. That is the way we are going to have to move forward to continue to provide service, to breakdown barriers and walls, which we are doing very well right now and we are going to update you just a little bit on that. So, we will go ahead and hopefully I do this right, but, Jaycee, you got my back in case I don't. So, just a quick look back at where we are right now. You all remember that the 2011 through 2016 strategic plan that we brought to you back in 2011, what I can tell you is that is reviewed annually, it's updated annually, we are on pace to complete the strategic objectives that we laid out in front of you when you adopted that plan. I distinctly remember Councilman Rountree saying that's a pretty aggressive plan, good luck with it. We kind of take that as a challenge sometimes and say let's get this thing done, let's stick to the plan and keep moving forward. We have found a couple things that we said -- may be applicable back in 2011, but the climate has changed, the issues have changed, and so we have modified the plan as needed, but not drastically. Those core objectives are still there that were there back in 2011. So, I am happy to report our staff has worked very hard to stay on task with the plan that we have put in place. Just a quick update on our division chief program. As you know we merged two disciplines together, command response field supervision with the administrative functions. We are continually reviewing that and trying to find solutions to the gaps. We just met in September, the entire staff. We identified two very significant gaps with this program and we are working this year to fix them. Long term, again, I told you two years ago, I told you last year, and I will tell you again today, is this along-term solution -- I don't know. But before we go to anything else or look at anything else we want to make sure we have exhausted all avenues to try and make this program stick. The benefit is we have staff members that are willing to try anything and that's a big asset to any department, when they are not so closed minded that they are not willing to try something. The down side is I can't call chief so and so and say how did you overcome this issue, because they don't have those programs in place. So, we will keep forging away and the next review for this is going to be September of 2014 to see if we are still meeting our mission and the goals that we have for this program itself. One of the areas that has been identified in the past in every internal survey that has been done by the employees -- and we do take those surveys seriously -- is training and that's an area where everybody says we just need more of it, we need to focus on it and so I want to give Deputy Chief Amenn, Division Chief Kevin Fedrizzi who came to us from Henderson Fire Department, they are one of the most well respected fire departments in the west, he's got 25 years of fire service experience that he brought with us and since his arrival you can just see a few of the things that we have now got in a place. What I didn't list there is a comprehensive training plan that also includes professional development along with it. As you can see, an officer development program, that was put in place to get those company officers prepared to be a company officer before they even took the test. That's -- that's a switch from what we did before in that rapid growth time where we were just trying to get staffing going and get it online where it was kind of a learn as you go on the job. We are now preparing them a little bit better. We have an engineer academy. Engineers are the drivers of those apparatus, they are required to pump the water and do so many other things. We partnered with Nampa fire and currently we have an engineer academy going. So, the folks that are going to be taking that test to promote into the Meridian City Council November 12, 2013 Page 19 of 31 engineer position in the future are learning everything on the front end, so they have all the tools and resources necessary to -- when they do take that test and they get that promotion they are ready to go. Command training, blue car command training, there is a program that we adopted, developed by the chief, and his two sons of the Phoenix fire department. We looked everywhere for good, comprehensive command training as we rolled into this new era of having our chiefs on scene in that command role. We found this to be the best model. We partnered with Caldwell and Middleton of all people, on this initial project. We now have Boise fire department that are on board. Eagle fire -- I just talked to Chief Winkler today, he just sent three guys down to Phoenix to become train the trainers. Initially when we brought this to the other departments they said what the heck is this and now everybody is doing it. You know, we try where we can to lead by example, we try to collaborate and we have been able to get people on board, so now you're going to see across the entire Treasure Valley -- Star, Nampa are coming along -- that we are going to have one unified way at running command on a fire scene and for me as a fire chief, knowing I want to send men and women home every single night safe, that -- a unification of command is a really big deal. So, I'm very excited about that. On the training side we also have company and individual performance standards that we did not have before. This meets our ISO and FPA requirements for training, so I can feel very confident when I tell you our guys are trained to the right standards. They are. And, then, also the joint public safety training that Meridian Police Department -- and I want to throw Public Works in there. They are kind of the third leg of this public safety stool, if you will, and so certainly Tom and the work that his folks are doing in collaboration with us, it is a team effort. What are we currently doing? I want to talk just briefly about the EMS Joint Powers Agreement. You all signed onto that and I was glad you did, because we were one of the ones leading the charge on that. I just want to tell you it's working. We have had success so far and that's very important to me. We have a joint management system that the Mayor is the chair of this board and knows that, because she called for the votes at our last meeting on this. Essentially, all of our training now is in one central repository for all agencies. When it comes to EMS training, if we are -- if we are training on chest pain everybody is getting the same thing. All our providers are on the exact same page when it comes to training, when it comes to the record keeping of EMS training, I will tell you that the staff below us working on EMS issues are working hand in hand. It's nice to see. No more lawsuits, no more fights, but collaboration and really a look forward on how do we do things better. We have joint protocols currently in works. I just came from this meeting. It's a joint records management system, so that we are all under the same patient care reporting system. The benefit and the goal of this is that I start a chart or I start a report, I hand it off to the medics that are transporting, they, then, hand it off to the hospital, it goes to a central repository, but, then, it comes back to us. The missing link so far in the education for our guys and gals -- when we drop a patient off at the hospital we never know what the outcome is. So, if we are treating a heart attack and it ends up being something else, we never know that. Now working with St. Luke's and St. AI's, we are going to have a complete circle of information and so our providers can now see what was the final outcome of this patient care experience. It also helps to meet some of the future health care initiatives that are coming down. I think Ada County as a whole and this EMS system is going to be leading the way and that others will look to. We are also looking Meridian City Council November 12, 2013 Page 20 of 31 to develop a system wide CPR program. You all approved that for us in the last -- in this year's budget, this current budget. Meridian will be taking the lead on that from the this EMS system approach. They are going to be -- we are going to be the test dummies, if you will. This will involve Meridian PD as well. We want to get ADs on every patrol car and I can just tell you -- I received an e-mail -- I think it was last week, Jeff. I can't remember exactly what day it was, Friday or Thursday, and it was an a-mail from Blake Campbell, one of our division chiefs and everybody had gone out onto a hanging suspect -- or a hanging patient and the first one that was on scene was a Meridian police officer and when our guys showed up that police officer was doing CPR and kept doing CPR until we had all of our equipment set up ready to go and we could make that switch. That integration of law enforcement, where it's available and where we can do it, is a huge component of survivability, when it comes to cardiac arrest especially. And so to Jeff and the officer -- I know we are going to talk about that later as far as recognition goes, but that's a key component. We sent our EMS folks up to Seattle. King county has one of the best survivability rates in the nation and they have it for a reason. So, they went up there and they learned about how King county set up their CPR programs and their cardiac arrest protocols and programs and when we mentioned that we are going to be getting law enforcement involved that's one of the components in King county that has been very successful. At 3:00 in the morning those guys are out on the street -- those gals are out on the street and they may be 30 seconds away from a cardiac arrest. So, we don't know exactly where this program is going, but working with PD and working with the EMS Joint Powers Agreement we are very excited to try it. And so I think Jeff is open to kind of switch over to the medical side every now and then and for his officers as well. And lastly -- and I think you will appreciate this. I hope you will. Part of the EMS Joint Powers Agreement -- I have been meeting with the state EMS bureau and Wayne Denny is the bureau chief. I know Councilman Bird you remember Dia, she's moved on over to the east coast. Wayne has taken her spot. Wayne is very open minded and in four years of EMS legislation failure what we heard nonstop was let local governments get more involved in the structure of EMS at the local level. Quit trying to push a state wide legislation that tells us all how to do it. Wayne heard that loud and clear, certainly I did and I know Councilman Bird did as we went through that. And so working with Wayne do you have any advancement of our EMS Joint Powers Agreement and our system currently, Wayne is willing to do a trial in which some of that authority and responsibility comes down to the local level. A big area of this that I can give you as an example -- you see the big circle in the middle, this is essentially -- the center of this property and everybody round that circle is an issue or something that the state has their hands in significantly today. What Wayne has said is if you can show us that you have this built and designed properly, let's let you oversee this and let's let you sign off on it. A good example of that is relicensure. Our men and women relicense every two years on the paramedic side, every three years on the EMT side. We keep all the records, we keep all the data, and we send that form off to the state and, then, takes them months, because they are getting this from all around the state, to go through and to insure that we are compliant with the rules. What I said to Wayne was how about if our board and our medical directors oversee the compliance and send you a letter saying the following people are in compliance and anytime you want to come in and audit anything, come Meridian City Council November 12, 2013 Page 21 of 31 right on in and audit it and that's an example of how when you have a good system set up -- I came from Washington state and that's similar to how it was in Washington state, where they pushed a lot of that down to the local level from established systems, like ours with a board, they oversee this and with good medical directions. So, I'm very excited about the possibilities here, I think it's going to be a good advancement when we can get there. So, what are we doing today as well. Data collection analysis. This has been one of my forefront issues and I have mentioned it to you all in the past. Our data was not good. Our collection was not good. We had flaws in the system. Deputy Chief Amenn is a master when it comes to putting all this data together. What we didn't have is a DIS component from the IT component that we needed to really pull this all together. Chris went to Mr. Tanner up in IT and I just want to say thank you to Jaycee -- and know she left -- but for the entire IT team. They worked together with Chris and now we have Matt Snow one day a week in our department and eight hours a day him and Chris will sit in their office working the data, cleaning it up, looking for errors, and, then, analyzing the data. So far in the last seven months they spent about 800 hours cleaning up the database, updating it, sorting it, and analyzing it. As a result I will tell you that in the last probably four years we have been getting bad data from Ada County, from their dispatch center, because of mechanism that were broke in the process and I can't even begin to tell you how many little different loops and trails you got to follow for us to get the data from them to us. Working together with the county we are now getting that data within about five minutes and according to Mike Tanner it's everything we have always wanted and all it took was hours of sitting down, talking about it and seeing how can we make this work. So, that is now in process and that is now coming across where we can truly analyze what our calls are, our call volume, our response times, et cetera. What we have also made a decision to do -- we, like many, got wrapped up in the all in one program. All in one will do everything you need it to do. What we found is in those all in one programs you just get a little bit of what you want to do and it's not real accurate. We have begun looking at best of breed as we are calling it. If you look at the ICMA past conference this past year one of the things they focused on was good data versus bad and one of the things they talked about at their annual conference was these all in one programs and the fact that the promise was it's going to be easier for you to maintain everything. The reality is it's more difficult. So, we have been looked at sitting down with our staff -- for example, Perry Palmer on the inspection side and say, Perry, what programs best fit your needs and can we collaborate with other city departments to meet that need. Accella is one that Chief Palmer and his inspection staff are going to be using for their inspections. On the flip side the EMS and fire suppression side are going to be using a certain database program for their reporting of patients and of fires. We were working with Public Works on their Hansen program to log all of our logistical needs. So, we are getting away from the all in one. We think it's going to be time very well spent, easier for the end user that's actually working on that data specifically and not worry about the others. So, that is a switch for us, but we think it's the right switch and it's a good switch. On benefits and the hours spent. Eight hundred hours is a lot of hours. Chris has mainly just focused all of his time on this, but we knew it was that important. So, what are the benefits we can readily identify? Response times compliance. We can articulate to the public what our service level is and what it is not. We can plan for future growth, i.e., the CIP. We can Meridian City Council November 12, 2013 Page 22 of 31 identify trends. We can identify high risk target hazards and populations to develop pre- fire plans, public education, and put it in places that it needs to be most. It also allows us to maintain collaboration with other city departments. I mentioned the collaboration with IT, as well as Public Works Department. The Police Department on some of their crime -- what did you call it? DDACTS. That's a pretty cool acronym. I hate acronyms, but I like that one. This is our DDACTS if you will. And it is important to us and here is an example of what we have now that we didn't have before. Now with the GIS analysis that we can do -- in the past we took a fire station, we drew a 1.5 mile radius right around it -- it didn't take into account road speeds, it didn't take into account traffic congestion, numbers of people on the road, it didn't take into account access points. So, the assumption was everywhere in the circle we can get to in five minutes. That's a one minute turn out time and a four minute travel time. We have known this not to be true, we just couldn't articulate it the way we wanted to. For example, Station 5 -- when you go to Station 5 and you go to their back garage door and you look at the subdivision directly behind them, we cannot hit that in a four minute travel time. It doesn't make any sense to the folks that say, well, you have got a fire station right here, why can't you get to my house in four minutes. Because of the road and the distance and the access we can't do it. What you will see in these maps -- and this is a -- this is a 30,000 foot view, but when you blow these up you can start seeing pockets where we just can't hit in four minutes. This helps us have the conversation at least about service level delivery and what we can and cannot do. To give you an idea of what it looks like once we plat this out and what you can see on here is Station 1, 2 , 3, 4 and 5. You also see Station 6 down at the south and Station 7 is our next planned station, that's up in that northwest corner and I will get to that in a little bit on collaboration. But if you notice we are going to look at Station 6 -- and I don't know how to write on this thing -- it's going to be done in your lower left-hand corner, that fire station. Now with our GIS analysis we can say, okay, if we put a station there what's that response coverage that you see in the light green now. You will notice that it's no longer circles, it's actually polygons that take into account the load speed. We have a policy that says you can go ten miles an hour over the posted speed limit. So, when we look at response time standards we say this plus ten on a code three emergency run. You can see some areas of overlap and that overlap are the areas that we can absolutely guarantee a four minute response, even if the current station, the main station, is out on another call, the next station over can hit an overlap area in four minutes. So, we know where our overlap areas are. To get to there in the future and what we are looking at is pulling GIS data and what those dots represent are clusters of calls, they are not individual calls, but they are clusters. We can now look at this -- and much like Jeff does and his team does with crime analysis, and where is the call volume happening and where we are not able to hit. So, as we look at CIPs and we look at future fire stations, it's not a guess, it's not saying we think the building is going to come here and we think the growth is going to come here, we can also look at actual numbers to help us create that plan and we think that this is a much better way to move forward than -- than just kind of thinking what's going to happen in the future. It gives us more tools in the toolbox to analyze these things. These are just three snapshots. Chris and Matt have put so much work into it they have about 60 snapshots so far. I didn't want to bring all 60 to you, but I want to give you an idea of what we are doing with our data and how we are getting there. Challenges that Meridian City Council November 12, 2013 Page 23 of 31 lie ahead. We have two very significant challenges. One is maintenance. How do we maintain what we currently have? The rapid growth in the past has now put us in a position where everything is coming due for replacement. I won't tell you what the Mayor said when she saw our CIP, but it's an issue that we have to face. Now, certainly we are going to walk through it, we are going to talk about it, we are going to figure out how we can do it within the budget that we have. We understand that. But at the front end we at least need to put it out to say this is where we are at today. Engine replacements. We need a fundamental question answered through the group that we are going to put together on do we replace engines based on the ten year mark that is the industry standard and that gets you resale value or do we just let them run out until the wheels fall off and we donate them to somebody? And that's a fundamental discussion to have. Do we purchase them with cash? Do we do a lease? Do we do a lease to own? These are all things we are working with Finance on right now to say what is the best plan for Meridian. We looked at the industry standard, best practices -- just to look at it to compare what else is going on out there, but we are not going to use that solely as we determine what we are going to do. This will be a collaborative on the part of the Fire Department, you as elected officials, Finance, everybody that's involved in these big items. SCBA replacement. The NFPA standards changed. This is one we do have to change next year. We have talked about it, we have been working with Finance and the Mayor for the last year and a half on this one, knowing it's coming. That's a 380,000 dollar replacement. This is our lifeline on a structure fire. Without these things we don't go inside. Right now Chief Welborn is in charge of this project. He's working with all of the other agencies in the valley who are -- have the same expiration issue we do to see if we can get a federal grant to purchase these. He's working with Kuna, Eagle, Caldwell, Middleton. Boise is not expiring yet. I think those are the four departments right now that he's working collaboratively with to see if we can do a federal grant through FEMA to try and get these replaced. This is a big ticket item across the country. So, that is a big issue that we are working on. Safety replacement I'm talking about components here, not tearing down the whole station and replacing it. I will say I'm very pleased with the work that Chief Shaul and Chief Amenn have done on a replacement schedule. I know the Mayor has seen that. We worked very hard with Finance and the Mayor's office on making sure that it makes sense. And so I think with the replacement schedule that he has for things like HVAC system, all the things that are within a house or a fire station. Those are getting replaced at the proper time. I'm very comfortable that our plan is good and that it's fundable. So, that one doesn't concern me as much now that we have a plan in place and staffing I'm not talking about new staffing here, but we are about four years away from some pretty big significant retirement groups. That's going to be a challenge for us. All the -- I won't say old guys, I would be wrong. All the guys that started in this department and started way back, they are going to be up for retirement here in about four years. So, that's something that we got our eyes on that's coming down the road that we are going to -- we know we are going to have to -- not only get some replacements for, but how do we -- how do we capture their knowledge, their experiences and make sure that we pass those onto the new guys coming in, because they have a lot of experience and you don't -- it's hard to lose that experience when you lose it, so we are going to try and capture that. The other challenges that we have -- and Jeff really alluded to this and this is a concern for Meridian City Council November 12, 2013 Page 24 of 31 us, is the growth and I think I said last time I was up here we are seeing some fairly significant rapid growth again. I wish it would slow down just a little bit on some of the building construction, so we could go through this methodically, but we do need to have it planned for and that's the CIP. The question really becomes do we maintain current service delivery levels? Do we need to alter them? That's a decision that we are going to have to make. Part of what Chief Amenn is working on that I didn't mention earlier is what's called a standard of cover. I have watched the Public Works Department and the Police Department both go through the accreditation process. In the fire service there is a similar accreditation process that Chief Amenn is going through. Part of that is the standard of cover and what that is is a document that says what our current service level delivery is, what it can be in the future, what our growth is, what our target hazards are. So, increase the plan for service delivery. I will tell you I spent a lot of time talking to Chief Alan Brunacini, who chaired the 17-10 committee and I know 17-10 the SBA standard is something you have heard me talk about, certainly Chief Anderson talked about and probably others. That is the national response time goal. It's five minutes 90 percent of the time. It's unachievable. I will just tell you that Phoenix has all the tools and resources they could have and they are at about 88 percent. The picture that I showed you of overlapping fire stations, Phoenix has them nearly on top of each other to try and meet that five minute goal. When I talked to Chief Brunacini I said that's a pretty lofty goal, chief, and it is based on science and it is based on data. I will tell you that. It's based on flash over. We know five minutes after the call comes in if we don't get there in time the risk of flash over increases greatly. That's a science that's been proven. We know in cardiac arrest if we don't get to somebody in five minutes we will start pushing on their chest to get the blood flow going that the chance of survivability is greatly diminished. We are now finding out stroke is the very same thing. If we don't get to folks in time, we can't get them into the cath labs, into the neurosurgeons in time to get that reversed. So, there is some science behind it, but at what cost. And that's a hard discussion. How much do we spend to insure a five minute response time. The standard is five minutes 90 percent of the time. Our standard currently here in Meridian is five minutes 80 percent of the time. As we developed our standards or our strategic planning process my question was do we increase the amount of time it takes us to get somewhere and still maintain a 90 percent. What I was told is the better way to do it is to change the percentile. The amount of -- the percent of time you're going to be able to get their within five minutes. They recognize that if a station is out on a call our chance to get there in five minutes is out the window. Jeff alluded to the road construction. We have done studies that show the road construction and the road closures that we have experienced here have significantly affected response times. We have been able to weather that, change response districts, because we knew there was a better good out there. This opening of Meridian Road has helped us move along a lot better now that it's over. And Ten Mile, we are getting ready to go through that. We know that's going to slow down Station 2 significantly, but the short-term pain is worth the long-term gain, if I can bring a sport analogy to the discussion. As we look in the future personnel is going to be an issue. Station's apparatus, how do we get them in the places they need to be. Specialized needs -- I want to hit on this just very briefly. I have always shied away from the special teams. If you look at some other fire departments around us you will hear the special teams. I get really worried when we start talking about those, Meridian City Council November 12, 2013 Page 25 of 31 because of the very specialized training that needs to take place, the overtime that can take place, et cetera. I do not want to put on a hazmat team. We don't need one. We have regional teams, one to the east and one to the west of us, so if we have a significant hazmat spill we are going to call them. Through an analysis our biggest risk right now is through technical rescue, whether that's rope rescue, trench rescue, confined space rescue and what concerns us is that many businesses in our city, as part of their insurance, have to document who is your technical rescue team. If somebody goes down in this confined space who is going to come and get you and the assumption is the Meridian Fire Department is. Confined space rescue -- and Public Works can certainly attest to this -- requires very specialized training and so that is an area that we are looking at, seeing if this is a need of our city we at least need to evaluate it and look at it. It's different than going into a short manhole and pulling somebody out, as opposed to going in underground and I am very sensitive to this. I buried two of my friends in Yakama, Washington, that did a confined space rescue and ran out of air and died and so it is not something we take lightly. So, we will be looking at that and discussing that with the stakeholders involved. Just to mention real quick on the service level delivery or the standard cover document I talked about. Our anticipated completion date internally in the fire department is January. The next step is we will be bringing that to an internal focus group, which I will, hopefully, be asking some of you the participate on, as well as other departments in the city to look at and, then, from there we take it to an external public stakeholders group to evaluate and get input from. At the end of the day the ones that really set that service level delivery expectation -- and I can tell you going through this strategic plan -- I mentioned this before -- when the question was asked how quickly do you want the fire department to get there, I had everywhere from 30 seconds to whenever you get there. That's a pretty big gap in what the expectation is in the public. So, we need to hear from them, what is your expectation of the fire department and give them the information and, then, get back the -- the feedback from them. So, those are our challenges as it pertains to growth, which we know is coming. How are we approaching growth? I will tell you at every turn where we can identify strategic partners we will. You saw Station 7 way up there in the northwest corner as a potential future station. That land tentatively has been donated by the developer at The Oaks that -- it's a big subdivision going in up off of McMillan, but as we sat down with our neighboring departments in that area, mainly Star Fire Department, we said what can we do here together. Is there an opportunity to do a joint station, joint staffing of a station, how can we work together to make this happen. I just had the same conversation with Chief Winkle from Eagle Fire as he looks at the northeast corner of his -- of our district and whatever the northwest corner -- southwest of his. These are areas that we want to work together on. Kuna is another example. As we need something out south how can we work with the Kuna Fire Department -- the Kuna Fire District to potentially bring something out there and decrease the cost for both of us, which, in turn, is the best use of tax dollars, in our opinion. We also now are looking at using a system response performance as these barriers have been broken down through automatic gain. Before we just focused on ourselves, the walls were up, and how can we get there in five minutes. Now we look at it as how can all of us get there in five minutes. There is very few structure fires we go on now where we don't have an allied agency with us or we are not with somebody else, Meridian City Council November 12, 2013 Page 26 of 31 because it's on a border call. That new approach to reporting, the new centralized database is going to be able to allow us to analyze how did we do together. Did we meet the goal together. On the EMS side we are looking at the exact same thing, as the Mayor could attest, through our discussions at the joint powers agreement, how can we look at stopping the clock together, instead of looking at it just as an agency ourselves. That's a better use of tax dollars. We are going to continue to partner with other government or public agencies to increase demand. One of our great partnerships that I'm very proud of is with the Meridian School District and their fire and emergency services program. We are helping to build the next generation of fire fighters and EMTs and, in turn, they are riding along with us and so they are giving us feedback. That's a great feedback mechanism. Citizen academy is a great mechanism. Volunteers for public educational logistics, we are working on that right now and looking at that, so we are exploring every possibility we can to not just do this by ourselves, but it do together with partners. Again, we are going to continue to work with IT, COMPASS, the assessor's office, to identify those areas of growth and need. The standard covered document I have already covered, so I won't cover it again. We need to hear from the public, the patient, the end user, and so one of the things I'm happy to announce -- we have a new staff member that you all approved -- I just totally blanked on her name and I didn't bring my phone. Have Judy send me her name. She's a recent graduate of NNU and I will e-mail you her name. I forgot it up here. She brings a very good background. So, the position itself is a front desk and records clerk position, but with -- with her varied background and the experiences she has, we think she's going to be a great member of the team. One of the areas that we are going to put her on is creating a feedback mechanism from the public and the people that we see out on calls to see how we are doing and what their expectations were and if they were met. This is going to give us data, again, to see how are we doing, are we meeting the public's expectations of their fire department or are we missing the boat somewhere and some of the projects she worked on at NNU -- her final senior year as a business major they had a competition and went all the way up to Seattle. They had to start a company from scratch and I kind of put her on the spot in the interview, I really made her feel uncomfortable and she handled it really well. I said if you were to create a feedback mechanism today for our fire department how would you do it and within ten minutes she had a program for me on paper and on the white board of something that our staff could do. So, I know we have the right person to help us with that as well. Thank you. Emily Stroud. Nothing like one of your chiefs saving you. Emily Stroud. De Weerd: They got your back. Niemeyer: They do and I'm really glad. That orange i-Phone scared me, though. I saw that out of the corner of my eye and -- so, we will continue to evaluate that proper staffing and service levels and measurables and that is going to be a team effort and when I say team I mean all of us, to make sure that we are on the same page. I have looked at -- you know, parks has acreage standards. The police department has officers per population. Really, our standard is response time, because of the science behind it and so we will work together of make sure we develop that service level delivery that we all can be okay with. And as we are trying to establish growth is in all Meridian City Council November 12, 2013 Page 27 of 31 fire departments in Ada County of have a master plan for all departments. You talk about a master plan within our own, how about a master plan for all of us, so that we can see collaboratively where is everybody putting stuff and making sure that we are not putting things on top of each other, that we are maximizing our use of dollars and personnel. Just a couple of examples of that training. We have our training meeting regularly right now. They are making a lot of progress and that's a good thing. We want to look at a master response plan and probably the one thing that I can tell you that is in place or going to be very soon is a joint application, testing, and recruit academy process. It is a collaborative effort right now in Boise and Eagle Fire Departments, the City of Boise, and the Eagle Fire District. This is going to be done by March. We are going to be put on a joint test, there will be a joint application process and subsequently there is going to be a joint recruiting academy. Why is that important? Well, it's important, because right now a recruit academy cost about 60,000 dollars to put on. Right now we kind of have a team of and he just came up and showed me his i-Phone. We are not putting all of our resources together, decreasing costs and getting a better product in the end. We are all testing to the same standard. Those folks that we hire are all going to be in the same room together, so that nine months from now when they go on a fire together they are going to know each other's name and that helps. That makes our scenes run a lot smoother when we know who we are working with and so, again, reducing dollars, putting our staff together to maximize efficiency and, then, getting those folks in the same room together from day one and not day 101 when they are out there on the fire trying to figure it out. So, that's going to be a very good thing. I do want to thank the city of Boise. Their HR department has kind of led the charge on that, as our HR department has had challenges with staffing and some transition stuff. But with that said, we have had both Crystal and now Patty at least informed of the process and they are fully on board. So, we do have HR -- our HR team involved. At some point I'm sure our legal team will have to answer some questions as we finalize that plan. So, what do we need from you as the City Council? We will need your involvement and we have got some -- we got some challenges coming, especially with the growth, and so we are going to need your involvement in that standard to cover to say what is our response desire. What do we want to give to the public and how fast do we want to get them there. We are going to need your comments, your thoughts, your challenges to us and, then, subsequently once we get there we need your approval and so that will be coming down the road. Supporting the plan. We certainly don't want to overpromise and we don't want to under deliver. The plan is going to be our guide for how we move forward. It's a plan that you can see and a plan that we can see and a plan that the public can see, so it's very transparent. And, then, continue to collaborate and cooperate with allied governments and I will walk lightly on this one, but I will say this: I think Meridian leads the way. We have always said let's work together before we fight each other. And you all as a City Council have done a very good job in doing that and setting the tone. It's allowed us on the EMS Joint Powers Agreement to maintain a good collaborative atmosphere, but there is a lot of other issues as we know that we need to collaborate with our partners, ACCM and emergency management is one. The dispatch center is another and that involves working with the county commissioners. The Mayor and Jeff and I talked about this one by regular e-mail. He bailed. I guess I got boring to him. These are issues that are coming down the road that if we can set Meridian City Council November 12, 2013 Page 28 of 31 the tone and maintain the tone hopefully we can continue to come together and to find solutions to problems and not put on patches, as we call them in the first service. Take the patch off and let's work on solutions together. You all have done a great job of setting that tone, I would just ask for your continuance in doing so, because it really makes a difference on my end as a fire chief, I know on Jeff's end as a police chief and, then, throughout our other city governments. So, I would just ask for you support in that. And with that I would stand for any questions. De Weerd: Any questions from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I do have one question and I'm sure you can answer it, Mark. It's not regarding your deal. On a stroke they tell me if we can get this medicine to -- within an hour -- Niemeyer: Uh-huh. Bird: -- are we -- is our paramedics -- do we carry that medicine? It has to be administered by an MD, don't it? Niemeyer: Yes. That's adoctor -- that's a doctor drug. But that really is where the time -- to compose that, Councilman Rountree -- or Bird. You're spot on and I think you're going down the right path. It's early notification. So, our education programs -- we have got to get the education to people to say when you experience this call 911. The second part is we need to get them to the hospital right away and we do have about an hour window. The changes are encouraging, though, to where we can extend that a little bit. But, really, it's getting them into the ER, getting the neurosurgeon, the CT scan, and, then, getting that medicine in there and all it does is open up the arteries. Bird: It keeps -- I had three friends that have -- well, have taken major strokes and wound of being minor -- Niemeyer: Yeah. It does work. Bird: Because they got there within -- Niemeyer: And I will applaud both St. AI's and St. Luke's, they put out very good PR campaigns, we just need to keep doing it, so folks know if you get to us soon enough we can get to you and, then, we can get you to the hospital. Bird: I didn't think we was allowed to -- Niemeyer: No. That's a little bit beyond our purview. Meridian City Council November 12, 2013 Page 29 of 31 Bird: Yeah. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You mentioned in the IT arena that you're looking at eliminating the all in one aspect of data collection and going there program by program. I just want to caution that every time you get a program to do an individual or a limited function it requires somebody to support it and our IT department probably is getting pretty close to being able to say they can't support too much more stuff. So, as we look at these we need to look beyond what your costs are going to be. They are going to be more costs to the city. Additionally, you buy programs to do one thing -- as with all good data collectors at some point in time you're going to want to do something with that data and that might mean you want to use data from multiple programs and if you have different databases and different programs and different data tables and whatnot, then, you really start getting into some extreme costs trying to utilize the data that's already cost you a fair amount of money and oftentimes you spend as much trying to use the data as you did trying to collect it. So, I just caution you and I have made this caution many times before, that we don't want to develop data silos and I think the new term is intellectual cylinders, but we don't want to go there. We want to be real cautious. First off, if you're going to collect data make darn sure you're going -- you have got a use for it. And make sure that it's usable with other data and you don't have to put the same data in five different programs, you can borrow tables from one another. So, I know IT has heard me before and I will say that again when I hear you say it, we can find a program that will do this, but will it work with that. Niemeyer: Councilman Rountree, I'm smiling, because we did hear you before when you mentioned that and I heard you before, so just a couple things. One is whatever program we are looking at we are insuring that the company is called open source. The IT identified that as one of the biggest problems with data is these companies put out their program, then, when you try and go in and mine the data they say, uh, no, that's us, that's ours. No. It's ours. We paid for it and we are the end user and so we are only purchasing open source software. Any software we are looking at we are working with IT to make sure, yes, it meets what the city has. A couple of really important issues. One is Chief Amenn found a company and got in the ground floor, IT supported it in that they approved it, it does pull all those different data fields together into one place, so we can look at one reporting, but it pulls in from multiple databases. We worked with IT on that. We are also -- and I give Dave Tiedi and Mike Tanner a lot of credit, they are looking at Cloud based services as well. So, our EMS reporting and fire that I was talking about, that wouldn't even be maintained on our city server, it's supported and maintained in the Cloud, which I had to get kind of up to speed and get brought up on, but, yeah, big server up in the air that we all tie to. What IT liked about that is that it doesn't require them to do all the maintenance of that sequel database, but they can still pull into it. And, again, the open source to Cloud, iPads, all that good stuff, Meridian City Council November 12, 2013 Page 30 of 31 it's all working well together, but we did hear that and we have worked closely with IT on that very issue. That's as technical as I get. Rountree: Well, what you don't want to find yourself in is you have an IT department within your department. Niemeyer: Yeah. And that's why I applaud them. We have been working really well together and we appreciate their work. They are pretty good. De Weerd: Okay. Anything further? Bird: I have nothing. Thanks, Mark. Niemeyer: Thank you. De Weerd: Thank you. Well, Council, you have got a lot of information and certainly appreciate both our chiefs. Certainly I don't think there -- there is another city in our state that has two departments that work closer together and the winner is our citizens. So, thank you to both our chiefs. Great idea to combine. Next year maybe you can each do each other's and it will be even more entertaining, so -- B. Public Works: Department Report Regarding the Number of Connections Allowed on a Single Water Main De Weerd: We did move this Item 7-B to next week. Rountree: Madam Mayor? De Weerd: Yes. Rountree: One comment one both reports. It is good to see that we are forward thinking. I wish we could fund all forward thinking, but as we know it is going to be an exercise in the next few weeks to try to figure out how to meet some of those goals with the limited resources we do have, but I appreciate the thinking anyway and we know where we need to try to hit and we will do the best we can. De Weerd: And the fun does begin tomorrow with our impact fee committee as they look at capital improvement plan. One of the things that Finance has worked with both the chief and determined some of those staffing needs and it's going to be -- you know, it's at some point not even just needs versus wants, it's trying to figure out needs versus needs. Urgent needs versus maybe not so urgent needs. Rountree: Priorities. De Weerd: Yeah. It really is. And hope to be able to fully vet that and so when we bring it to City Council we can have a robust discussion about that and how we came to Meridian City Council November 12, 2013 Page 31 of 31 some of the conclusions. It's -- it's going to be a fun first topic for our new City Council members. So, stay tuned, we will have some fun ahead. So, if there isn't anything further on this -- De Weerd: -- we did move our 7-B to next week. Item 8: Future Meeting Topics De Weerd: Council, any items for future -- as future topics for meetings upcoming? Bird: I have none. Rountree: I have none. De Weerd: Okay. If not, I would entertain a motion to adjourn. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 4:50 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T Y DE WEERD ATTEST: ~-- ~ ~ ~ n DATE APPROVED r~~~,.- ~ CITY ~'' F'~ JF t Meridian City Council Meeting DATE: November 12, 2013 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: BELLABROOK VILLAS SUBDIVISION Bellabrook Villas Subdivision Recreational Pathway Easement MEETING NOTES ~~~ PRO ~ ~P Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO 8TAFF 8ENT TO A~iENCY .SENT TO APPLICANT NOTES INITIAL8 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 ; BOISE IDAH0111i4113 02:49 PM DEPUTY ycky Bailey ~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~ RECORDED-REQUEST OF ~,,..~ Meridian City i 13124963 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this ~ day of ~~:~a (.~ ~ , 2013, between ZWJ PROPERTIES, LLC hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and ~ WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and incorporated herein. The easement hereby granted is for the purpose of providing public recreational pathway easements for multiple-use non-motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. Ao~.oot;n.,al Doth.vo., Fooamo»t ~'"`~ THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: ZJW PROPERTIES, LLC ,-- ,;, ~i BY: Zeph s Its: M ging ber '""'~ STATE OF IDAHO ) ss County of Ada ) On this 2 I ST day of (~c:~Fal~ , 2013, before me, the undersigned, a Notary Public in and for said State, personally appeared Zephaniah Johnson, known or identified to me to be the Managing Member of the Limited Liability Company that executed the within instrument, and acknowledged to me that such company executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. r'"~ NOTARY P BLIC FOR IDAHO Residing at: I$Sr/ ~,~~~ ~A~ ~~k~ Commission Expires: /6.~ie~i l7 GRANTEE: CITY OF MERIDIAN ~~ C~C~%~.~~dC. Tammy erd, Mayor AttestJaycee Holman, City Clerk Approved By City Council On: - r t STATE OF IDAHO ) ss. County of Ada ) GO~~DRpTED AUCGtr! t' Aso w ~,V ~city of ~./Y1 E IDIAN~.. .~ oaHO ~©~.3 1. r~g ~~~ e~~dr iREAS~~'6 On this_1a day of ~tpv e m ~F 1~ , 2013, 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. •...... • •• (SEAL) : ~~-,ACA `Jp~••. s ~'%~'. ~TAR~.,~~ ~ •5, ~ • ~ . . , • ~ ~ • • ~ • ~ ~ t~ ~ ~ ~ f Y ! ~ ~ ~ c O ARY PU IC FOR I Residing at: M t Commission Expires: L Lecaal~ Description Bellabrook Subdivision -City of Meridian Multi-Use Pathway Easement r'"1 %"'~, A parcel of land located in the NW '/a of the NW '/ of Section 17, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, and more particularly described as follows: Commencing at a brass cap monument marking the northwest corner of said NW '/ of the NW %< from which a brass cap monument marking the southwest corner of the NW '/< of said Section 17 bears S 0°31'43" W a distance of 2658.74 feet; Thence S 0°31'43" W along the westerly boundary of said NW % of the NW % a distance of 890.67 feet to a point; Thence leaving said westerly boundary S 89°5719" E a distance of 899.20 feet to the PotNT OF BEGINNING; Thence continuing S 89°57'19" E a distance of 12.06 feet to a .point Thence S 5°30'05" E a distance of 77.93 feet to a point; Thence N 89°59'37" W a distance of 12.06 feet to a point; Thence N 5°30'05" W a distance of 25.12 feet to a point; Thence a distance of 15.71 feet along the arc of a 10.00 foot radius curve left, said curve having a central angle of 90°00'00" and a long chard bearing N 50°30'05" W a distance of 14.14 feet to a point; Thence S 84°29'55" W a distance of 15.17 feet to a point; Thence N 5°30'05" W a distance of 12.00 feet to a point;. Thence N 84°29'55" E a distance of 15.17 feet to a point; Thence a distance of 15.71 feet along the arc of a 10.00 foot radius curve left, said curve having a central angle of 90°00'00" and a long chord bearing N 39°29'55" E a distance of 14.14 feet to a point; Thence N 5°30'05" W a distance of 20.82 feet to the POINT K?F BEGINNING. This parcel contains '1280 square feet and is subject to any other easements existing or in use. Clinton W. Hansen, PLS Land Solutions, PC October 17, 2013 ~.~~d~l~ti~lr~s ~,,,....•~••' ~tarW Survaying and ionsumng \~NPL LAHbs 55 1/STS ~,p o ~ n- ~ 1~~V ~ ~ to~ t-'t ~+3 ~ .z. <~ 9~F 0 F \OP 5~ Bellabrook Subdivision Job No. 12-74 Page 1 of 1 c ~c O w V ~ ~ C~ .n '~' ~ ~ C L 2 _ M .n Z-~, -°o o~ ~ ~ _ _ _ ~~77V~~ L J w ~ ~' ~ Ce~~~ %u~ °° Z z ~,~ ~ ~ UJL6 . ~ G°-~a ~c~ OZ °~ ^^ O vv j ~o V1~ppA m _ ZZ U N~~ X °m m~g$ ~ J W ~ g~ ~ L w w 3; 3; w; rn rn ° C~ o+ in i i i i ~ i ~ _ 1- z ~ n n n n p Z ~no~no!no~ v1 $o ~ ~n~~~~N~~ > o0 . Z W N w oo~~~~"',~~v Q ~ ~ ~ W m N Z Z N Z 2 Z ~ J O W fp Q = nn C9 omo~~°o,~~ Z N N ~ ~ J ~/ ~ pp O R J J N n ~ N N _1 4 ~v ~s -- Q ~ 5J O : 2 ~b Q _ J J J J J J~ J J = U U 2 ~ _ O~ Y ~ ' O I- J N ' r"""~- .- ~ o a ~/ ~~ ~ ~ ~~ ~ 5 ~C ~' ~ a s G~\ O W ~ _ o d j ~ J m " z o~s J Q °J ~ / ^1 O1~ V M ~ ii ~ 01 ~s . / _ 7O W `" OV' c ~y~ C j ~ LL ~ O p O ~ d' N Z U J Z Q I ~ w o ~ N n ~ ,L9'O68 _ _ ~ n ao M £ ` _ 4, l£.0 S ,4L'SS92 02! 3N02i~ 1Sf1~Ol 'S ~ O JNIaV3 8 ~0 SIS VB O ~.../ ~...~' Meridian City Council Meeting DATE: November 12, 2013 ITEM NUMBER: 4B PROJECT NUMBER: ITEM TITLE: RICHARD AND BETH DAVIES WATER MAIN EASEMENT Approval of Water Main Easement from Richard and Beth Davies MEETING NOTES u APPROVEn Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-SMILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~i~E IDIAN~-- Public ~ D A H O Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: Kyle Radek DATE: November 5, 2013 Mayor Tammy de Weerd City Ceandl Memberf~ Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: WATER MAIN EASEMENT FROM RICHARD AND BETH DAVIES I. RECOMMENDED ACTION A. Move to: 1. Approve the Water Main Easement from Richard and Beth Davies; 2. Authorize the Mayor to sign the easement. II. DEPARTMENT CONTACT PERSONS Kyle Radek, Assistant City Engineer 489-0343 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Back r In order to serve the new Pressure Zone 5 in south Meridian, the City is designing a waterline extension project from the new booster station south of Victory Road, to Wrightwood Drive south of the Ridenbaugh Canal. This waterline extension will cross both the Ridenbaugh Canal and Tenmile Creek. The crossings are planned outside of the roadway and require easements from neighboring property owners. B. Proposed Project The easement from Richard and Beth Davies will enable the waterline extension crossing of Tenmile Creek. IV. IMPACT A. Strate ig c Impact: Page 1 of 2 The waterline extension project promotes the Public Works mission of providing exemplary public services and facilities that support the needs of our growing community. B. Service/Delivery Impact: The project will allow service to the newly developing Pressure Zone 5. C. Fiscal Impact: This easement is granted at no cost to the City. V. TIME CONSTRAINTS The attached easement needs to be executed so that construction can take place in early spring, 2014. VI. LIST OF ATTACHMENTS Water Main Easement and lega desc ' tion Approved for Council Agenda: ~ ~ ate Page 2 of 2 ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAH011/14/13 02:49 PM DEPUTY Vicky Bailey III I'II'I~I~I'II'I~I"III'~~'llll I'll RECORDED-REQUEST OF Meridian City i 1312~F962 WATER MAIN EASEMENT THIS INDENTURE, made this ~ day of,~p~, 20~between Richazd and Beth Davies , the parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the Grantee; WITNESSETH: WHEREAS, the Grantors desire to provide a water main right-of--way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the Grantee; NOW, THEREFORE, in consideration ofthe benefits to be received by the Grantors, and other good and valuable consideration, the Grantors do hereby give, grant and convey unto the Grantee the right- , of-way for an easement for the construction, operation, maintenance, repair, replacement of a water main over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, additional connection thereto, repair and replacement at the convenience of the Grantee, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of--way unto the said Grantee, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after construction, making repairs, performing other maintenance or making subsequent connection to the water line, Grantee shall restore the azea of the easement and adjacent property to that existent prior to undertaking such construction, repairs and maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring anything placed within the azea described in this easement that was placed there in violation of this easement. THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the azea described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the Grantee that should any part of the right-of- ~"\ way and easement hereby granted shall become part of, or lie within the boundazies of any public street, then, to such extent, such right-of--way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further Water Main Easement EASMT WTR Davies.doc .+~""~ effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Richar Davies -r B th Davies STATE OF IDAHO ) ss County of Ada ) On this ~ day of O Glib ~r , 20~., before me, the undersigned, a Notary Public in and for said State, personally appeazed Richazd and Beth Davies , proved to me on the basis of satisfactory evidence to be the person(s) who name(s) is (aze) subscribed to the within instrument, and acknowledged that he (she) (they) executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. (SEAL) ~,'",~ NO RY PUBLIC FOR IDAHO Residing at ~~ G Gti~ Commission Expires: 3/ Water Main Easement EASMT WTR Davies.doc .+'r"'~ GRANTEE: CITY OF MERIDIAN 4QO~~,ZED AULUS~' ~9 Tammy de erd, ayor °"' ~Q~ City of ~.~I E I IA.N~ AMO a s ,~ Py Attest aycee L. Holman, City Clerk '~°e,,gee T&E-5~"~, Approved By City Council On: ~ ~~ oZ ©13 STATE OF IDAHO) ss County of Ada ) .~ On this ~_ day of v , 20 ~ _, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY DE WEERD and JAYCEE L. 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 WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and yeaz first above written. .•....~ i'~ , ~ • . ~ F ' (SEAL) T ~ ~ ~ ~ ~ ~.:! ~. Ilu 4.M .~ Water Main Easement C FOR IDAHO EASMT WTR Davies.doc T•O ENGINEERS ~~ CONSULTING ENGINEERS, SURVEYORS AND PLANNERS 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 206-323-2288 • FAX 208-323-2399 Project No: 130078 Date: October 2, 2013 DAVIES PARCEL WATER EASEMENT ACQUISITION A parcel of land situated in the Northwest Quarter of the Northwest Quarter of Section 29, Township 3 North, Range 1 East, Boise Meridian, Ada County, Idaho, being a portion of the parcel of land described in Parcel 1 of Deed Instrument No. 111077735, being more particularly described as follows: COMMENCING at the Northwest corner of said Section 29; thence, along the West line of said Section 29, A) S.0° 14' 16"W., 952.00 feet (S:0 °00'24 "E per said deed instrument) to the ~ Northwest corner of Parcel 1, described in said deed instrument; thence, along the northerly boundary of said parcel, B) S.56°06'43"E., 30.03 feet (S.56 °21 '22 "E per deed Instrument)to the POINT OF BEGINNING; thence, continuing along said northerly boundary, 1) S.56°06'43"E., 19.45 feet; thence, leaving said northerly boundary, 2) 5.11 °29' 16"W., 22.14 feet; thence, 3) S.45° 14' 16"W., 16.79 feet; thence, 4) N.0° 14' 16"E., 44.37 feet to the POINT OF BEGINNING. The above described parcel CONTAINS 463 square feet, more or less. SUBJECT TO: Easements of Record. BOISE • COEUR d'ALENE • NAMPA /"''~ 4 19 20 30 129 co 0 O 0 0 N o~ Q W' ~I ~ .~ ' ^ J ~. J 0 U N N U O J CITY OF MERIDIAN WATER EASEMENT ACQUISITION DAVIES PROPERTY Located in the NW 1 /4 NW 1 /4 SECTION 29 TOWNSHIP 3 NORTH, RANGE 1 EAST, B.M. ADA COUNTY, IDAHO 0 5 10 20 30 LEGEND ~ s`ss ~~ ~~ eS A~% . p3~ ~ ~. P.O.B. w) C° b, '~' o O M Z N 1/16 WATER EASEMENT O FOUND 5/8 REBAR o ANGLE POINT (nothing set) - - EASEMENT BOUNDARY • - - PARCEL BOUNDARY ss~,o ~. ~~~ Osi ~ 79'x., '~V?•. %i,~S%~:F /,~°~ ~~ ,~~° ,'~ ~~ ~f ~~ DAVIES DEED INSTRUMENT N0. 111077735 T•O ENGINEERS /'"`~ 9777 CHINDEN BOULEVARD BOISE, IDAHO 83714-2008 PHONE: (208) 323-2288 FAX: (208) 323-2399 E~FIIE: G:\130076\ACADD\V-Fi1SEAlENT D( DATE:SEPT 2013 JOB: 730078 Meridian City Council Meeting DATE: November 12, 2013 ITEM NUMBER: 4C PROJECT NUMBER: ITEM TITLE: PROFESSIONAL SERVICE AGREEMENT C.J. BENCH Professional Services Agreement with C.J. Bench for Fabrication and Installation of Meridian Split Corridor Phase 2 Public Art Project for an Amount Not to Exceed $95,000.00 MEETING NOTES U/ pPPROtlEU Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E-AAAILED TO STAFF 8ENT TO AGENCY SENT TO APPLICANT NO~g INITIALS PROFESSIONAL SI:R'VICES A(~REEM.F..N'1' FC)R FABRICATION AND INSTAI,LA I"IC)N OF M.F.,RIDIAIV` SPLIT CORRIDC)R PHASE 2 PL'BI_,IC A.RT PRO.JI4:CT This PRC?FE:SSICJNAL SI3RVICES AGREEIVIE.I~I'I' FC)R FAI3RICATI(aN ANI.) INS~I"ALI..ATIC)N C)F l1!IER.IllIAI~I SPI.,.I'I' C:C)RRIL7OR PHASE 2 PU13I.,IC' ART PRO.IEC.:"T (` :Agreement"j is made this ~...~ day c~fi' October, 2013 ("Efi:ecti~-e Urzte"j, by and. between the City c?f' Meridian, ;~ nttrnicipal carporat.ic~n organized under the laws of the State al' Idaho (`C.ity"). and C.J. Bench, c>rr behalf oi' C'JRI7esign, an assumed business Warne registered with the State al't7regan ("Artist"). (City and Artist. may hercinalter be collectively referred to as "fatties.") WIiERF.,AS, the City desires that public art will be a component of the Meridian Split Corridor roadway project and to that end, the Meridian Arts Commission issued the Cail 1~ar Artists attached hereto as 1 "xhit~it n, and sought artists' qualiltcations i'or unclet-taking public art projects; WHEREAS, a selectian panel, comprised. of representatives ai'the Meridian C'hatnber of Ctatnmerec, the 11!leridian At•ts t;:'ommissiott (:`MAC")° the Solid Waste Advisory t:'amntission, Meridian neveloptnent +t:orparation, City staff, anti rite arts, business, and residential cammunities, reviewed the responses to the request: for quai_ii'ications component al' rite Call for Artists, and selected Artist as atte of three finalists tct create a proposal; ~~4'HEKEA:4, Artist a~eated the proposal for a piece cif artwork entitled :`tinder the Sun and Dreaming," as set fc:trth in F,xlrihit X3 hereto ("Artwr}rk'°j, and 1'c:~l_lawitig a public comment period, the ,.~ selectian pane.l's evaluatic~tt of Artist°s proposal, attd M11:C:'s recommendation to the Meridian City Council Chat Artist's prapc:fsal be accepted, Ilse .Merid.ian City Cattncil d.id adopt such recammenrlation at its regular meeting; on {)ctaber 1, 2013; and NC)"4'V, TIIERF.,FC)12F.., for goad. attd va.luabie c,otxsideration, the receipt and sufficiency cif which is hereby acknowledged and agreed, and in cansicieratic:m of the mutual promises and covenants ltercin contained, the Parties agree as follows: I. SCOPE; OF' SI~;[t"t'"ICFS. At•tist Shall design. anti fabricate the Artwork., Gts described and depicted in X::rhibr`t 1~, and shall. install such Artwork at Public Art I..,c>catiott Sc:>uth, the triangular parcel of laud. at the itttersectian cif' Ada. anti Nlaitt Streets in itileridian, Idaho:>, which parcel is bordered c:~n rite nat~h by Ada St:.reet, on the east by M.airt Street, and souehwest by the crossover :Pram lVlaitt Street to Meridian Road ("Site"}. as such site is generally described an page ~ of t:lte Call for At•tists attached hereto as F:xhihit.A. Design, fabrication, and installation of rite Artwork sha11 cc:trrtply itt all. respects with established engineering Standards. Idraha Standards f<:>r Public W<>rks Canst:ructian, and all established policies attd ordinances oi'the City of Meridian and the Ada County Highway District. 11. COMPE::tiS11'rIC)\. A. Total amount, .The total payment to A.rt:ist far the design, fabrication, and ittstallatian c:tl` the ~~ Az-twark shall bt; `~g5,0()0.()(}. Tlris arnartnt shall constitute full cc>rrrl>ensatian i`ar any anal all. services, materials, and casts to be perfctrtned or furnislrud by Artist. t'-taF~rss[ca~:~[~ Srrzvrr.:r:s Atar[=.titr:~•[• ;~1r:K[r~[:a;~ Sr~~.,tr C'oux[r.7o>z Ptt:~sr; 2 Pr.-[3[.[c` Arz~• P~otrc::•r P.~,c:,t. t c7f 1 {) /r'`~ B. Method of payment. Artist shall provide City with an invoice for services and/or materials provided pursuant to the payment schedule set forth herein, which City shall pay within thirty (30) days of receipt. City shall not withhold any federal or state income taxes or Social Security tax from any payment made by City to Artist under the terms and conditions of this AgI•eement. Payment of all taxes and other assessments on such sums shall be the sole responsibility of Artist, C. Payment schedule. Artist shall be paid pursuant to the following benchmarks: 1. Submission of Detailed Plan: $20,000.00 shall be paid to Artist within thirty (30) days of submission to the City's Project Manager ("PM") of a Detailed Plan foI• fabrication of the Artwork and installation of the Artwork at the Site, which Detailed Plan shall include: a. Detailed project timeline; b. Plan for obtaining any and all necessary peI•rnits or approvals from the City of Meridian foI• the installation of the Artwork, which may include Certificate of Zoning Compliance from the Community Development Department/Planning Division; permitting and inspection by the Community Development Department/Building Services Division; landscape coordination with the Meridian Parks & Recreation Department; and/or Citizen's Use Permit from the City Clerk's Office; c. Plan for obtaining any and all necessary permits or approvals from Ada County Highway District for the installation of the Artwork; d. Site plan for the installation of the Artwork; and e. Construction drawings for the Artwork I•eviewed and stamped by a certified engineer. ~'`~ 2. Fabrication of Artwork: $25,000.00 shall be paid to the Artist within thirty (30} days of completion of Fabrication of the Artwork, or all components thereof, as demonstrated to and approved in writing by the PM. 3. Final Completion: $50,000.00 shall be paid to the Artist within thirty (30) days of Final Completion, which shall be defined as: a. Complete installation of the completed Artwork at the Site, as confirmed by the PM; b. Artist's submission to the PM of a recommended maintenance plan for the Artwork; c. Execution of a mutually agreed-upon acceptance agreement to include Artist's indemnification of City and the Ada County Highway District and express waiver of Artist's right, title, or interest in the Artwork, which agIeement shall be prepared by the City Attorney's Office; d. Waivers of lien from any and all sub-contractors and major materials suppliers, as approved by Meridian City Council; and e. Final inspection and approval of the installation of Artwork at the Site by the PM and by City of Meridian Community Development Services Department, Building Services Division, which may include, at the discretion of the Building Official, independent special testing and/or inspections for structural soundness. III. TnvtE or P~RrORMANC~. ,/"'1 A. Timeline. In addition to the benchmarks set forth in the timeline prepared by Artist as part of the Detailed Plan, the Parties shall meet the following deadlines: PRONhSSIONAL SERVICES AGREEMENT' MERIDIAN SPLrr CORRIDOR PHASR 2 PUBLIC ART PROJECT' PAGE 2 Of IO By 5:00 p.m., November 22, 2013: Artist shall complete Submission of the Detailed Plan to the PM. The PM shall review, request modifications as necessary, and approve such Detailed Plan, either as submitted or as modified pursuant to mutual agreement, within fourteen (14} days of receipt thereof. 2. By 5:00 p.m., August 1, 2014: Artist shall complete Fabrication of the Artwork and obtain written approval of same by the PM. The PM shall approve, or approve as modified, such fabrication within fourteen (14) days of Artist's notice of such completion. Prior to issuing approval, the PM shall deteixnine that the Artwork as fabricated is in keeping with Artist's representations as set forth in the proposal set forth in Exhibit B. Non-material design refinements and/or improvements shall be left to the discretion of the Artist. 3. By 5:00 p.m., August 15, 2014: With prior approval and all necessary permits from the Ada County Highway District and/or City, Artist shall cause the installation of the Artwork at the Site, and shall schedule final inspection and approval of the installation thereof by the City of Meridian Community and Development Services Department, Building Services Division; the Ada County Highway Department; and the PM. Artist shall immediately notify the PM of any delay that occurs or is anticipated affecting the installation. 4. By 5:00 p.m., August 29, 2014: Artist shall be responsible for Final Completion.. The PM may extend the date of Final Completion for a reasonable amount of time only if such delay is due to circumstances and events beyond the control of Artist or pursuant to a written ~ agreement by the Parties. 5. By 11:59 p.m., September 16, 2014: Provided that Artist has completed Final Completion, as provided herein, City shall execute Final Acceptance of the Artwork, which shall be signified by City's adoption of a resolution indicating that the City accepts the delivery of the Artwork as designed, fabricated, and 'installed. B. Time of the essence. The Parties acknowledge that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Inspection. The Artist shall provide the PM and/or City with reasonable opportunities to review the progress of the Artwork to ensure compliance with the timeline, upon PM's request. If during such inspection, or in the course of the approval processes required herein, the PM or City concludes that the Artwork or any portion or component thereof do not conform to the proposal as described and depicted in Exhibit B hereto or as mutually agreed by the Parties in writing, notice of specific non-conformity and request for Artist to address the specified non- conformity shall be given to Artist in writing as soon as practicable. Artist shall have fourteen (14) days to address and correct any non-conformity. If, upon PM's/City's re-inspection, the PM or City concludes that the Artwork or the nonconforming portion or component thereof .~"~. remain nonconforming, termination procedures may commence. City's failure to disapprove in writing shall constitute presumptive approval of the Artwork as inspected. PROFESSIONAL SkiRVICES ALiREEMENT MKRIDIAN SPLIT CORRIDOR PEIASE 2 PU[3LIC Alt'1' PROJHCI• PAGE 3 Of t O ~"'~ IV. MAINTENANCE AND REPAIR. A. First year following Final Acceptance. Artist shall be fully responsible for all parts and workmanship of the Artwork for a period of two (2) years after City's Final Acceptance of the Artwork, and during such year shall replace any defective parts and/or rework any defective craftsmanship in a timely fashion at no cost to City, except that during such year Artist shall not be required to replace or repair any damage to the Artwork caused by City; by City's agents, employees, visitors, or volunteers; by the Ada County Highway District; or by an act of God. B. Determination of need for repair. At all times, including the first year following Final Acceptance, City shall make any and all determinations regarding whether the Artwork' parts and/or craftsmanship require maintenance, restoration, or repair. Artist may be asked to provide input regarding such matters, but all decisions regarding the need for maintenance, restoration, or repair shall be made by City. C. Maintenance, restoration, and repair. City shall provide basic maintenance, restoration, and repair of the Artwork at City's cost. In the event that the Artwork is damaged or destroyed, in whole or in part, City may, at its sole election, restore the Artwork, subject to receipt of any insurance proceeds and availability of sufficient funds. V. CREATION. INTEGRI7`Y, AND OWNERSHIP OF ARTWORK. ~ A. Waiver and relinquishment of rights. Between Artist's Final Completion and City's Final Acceptance, Artist shall expressly waive any and all right, title, or interest in the Artwork. Artist understands that this waiver shall include waivers of the exclusive rights of reproduction, adaptation, publication, and display. Artist agrees to relinquish any and all rights, title, and interest to the Artwork developed in connection with this Agreement, and hereby expressly waives any rights Artist has to the Artwork, including, but not limited to, the rights afforded artists under the Copyright Act of 1976 and the Visual Arts Rights Act of 1990, Title 17 U.S.C. ~§ 101 et seq. Artist understands and agrees that the right of attribution and integrity, as specifically set forth in 17 U.S.C. § 106A, are hereby expressly waived except as otherwise provided herein. To the extent that the provisions of this Agreement differ with the Copyright Act of 1976 and Visual Arts Rights Act of 1990, the provisions of this Agreement will govern and any such differences in the rights and duties created thereunder are expressly waived. B. Limited edition. The Artwork shall each be a limited edition of one (1). Artist warrants and represents that the Artwork designed, fabricated, and installed pursuant to this Agreement has never heretofore been designed, fabricated, Installed, created, published, or copied and that Artist is the sole creator and owner of all rights in the Artwork and the design thereof. C. Ownership. Upon City's Final Acceptance, the Artwork shall be owned by City. Following Final Acceptance, City may remove the Artwork from the Site and/or move the Artwork to another location, at City's sole election and discretion. D. No copyright. Artist shall not make any claim to the copyright of the Artwork. PROFESSIONAL SERVICES AGREEMENT MEKIDIAN SPLIT CORRIDOR PHASE 2 PUBLIC ART PROJECT PAGE 4 of 1 U E. Photographs of Artwork by City. City may photographically reproduce the image of the Artwork and all preliminary studies, txzodels and maquettes thereof that have been delivered to and accepted, as City may desire for educational and public information purposes. Where practicable and to the extent of City's authoz•ity, Artist shall be acknowledged on each such photographic reproduction to be the creator of the original subject thereof, provided that photographic reproductions of preliminary studies, models and maquettes shall not be identified as or represented to be the finished Artwork. F. Photographs of Artwork by Artist. Artist may photographically reproduce the image of the Artwork and all preliminary studies, models and maquettes thereof, as Artist may desire for marketing, educational and public information purposes. Where practicable, Artist shall acknowledge on each such photographic reproduction the location of such Artwork, provided that reproductions of preliminary studies, models and maquettes shall not be identified as ot• represented to be the finished Artwork. G. Models of Artwork. City shall at no time create any model, maquette, replica, copy, or any other three-dimensional reproduction of Artwork or any component thereof for any purpose without tirst entering into a mutuailyagreed-upon written agreement with Artist governing the creation, use, andlot• sale of such model, maquette, replica, copy, ot• reproduction. Upon Final Completion, Artist shall not create any new model, maquette, replica, copy, or any other three- dimensional reproduction of Artwork or any component thereof for any purpose without first entering into a mutually agreed-upon written agreement with City governing the creation, use, ~,.,~ and/or sale of such model, maquette, replica, copy, or reproduction. This provision shall not prevent Artist's creation of any model or mock-up for purposes of designing and/or engineering Artwork prior to Final Completion. H. Alteration of Artwork. If any alteration occurs to the Artwork after installation, whether intentional or accidental and whether caused by City or others, upon written request of Artist, such Artwork shall no longer be represented to be the work of Artist. Other than as specified herein, Artist specifically waives the tight to claim any other remedy concerning the alteration of the Artwork as provided far under Idaho or federal law, whether by statute or otherwise. Y. Use of City name. City hereby conveys to Artist permission to use City's name in all fozms and media and in all manners, including, but not limited to, exhibition, display, advertising, trade, and editorial uses, without violation of City's rights of privacy or any other rights City may possess in connection with its commission and purchase of the Artwork. J. Removal from display. City shall have the right to remove the Artwork from public display. In the event that City determines that the Artwork or either component thereof shall be sold, Artist shall be provided the first right of refusal to purchase the Artwork or such component from City. Should Artist choose to purchase the Artwork pursuant to this provision, the price of the Artwork shall be the fair market value thereof. This provision shall expire upon the death of Artist and shall not be extended to Artist's estate unless City so elects. K. Subcontracting or assignment of obligations. Artist shall not subcontract or assign any of /"~ Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic PROFESSIONAL SERVICES AGRBF.MENT MERIDIAN SNI.PI• CURRlDOR PHASE 2 PUBLIC AR"r PROJECT PAGE 5 Of 1(} ,....,~ talent or expertise, including, but not limited to, such obligations as transport and installation of the Artwork, and other obligations as outlined in Artist's proposal as set forth in Exhibit B. Any and all subcontractors or assignees shall be bound by all the terms and conditions of this Agreement. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/vr elected officials from any and alt losses, claims, and judgments for damages or injury to persons oz• property, and from any and all losses and expenses caused or incuzTed by Artist oz• Artist's servants, agents, employees, guests, and/or business invitees, occuzring before City's Final Acceptance of the Artwork. B. Waiver. Artist waives any and alt claims and recouzse against City, including the right of contribution for loss and damage to persons ar property arising from, growing out of, oz' in any way connected with or incident to Artist's performance of this Agreement, whether such loss oz• damage znay be attributable to known or unknown conditions, except for liability arising out of concuzrent or sole negligence of City or its officers, agents or employees. C. Insurance to be obtained by City. City shall obtain all necessary property and commercial general liability insurance as may be required in order to protect its insurable interests for its rights and obligations described within this Agreement. Upon City's Final Acceptance of the Artwork, City shall obtain property insurance for the Artwork. .~ D. Insurance to be obtained by Artist. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of the Artwork, each and all of the following; 1. General liability insurance. General liability insurance with a limit of not less than one million dollars ($1,000,OOOAO) per each occurrence, combined single limit bodily injury and property damage, covering the actions and omissions of Artist and her employees, agents, and/or workers in fabricating, transpoz•ting, and installing the Artwork and/oz• components or materials thereof, including coverage for owned, non-owned, and hired vehicles, as applicable. 2. Workers' compensation insurance. Artist shall obtain and shall maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Fizlal Acceptance of the Artwork, and throughout the course of this Agreement, workers' compensation insurance, in an amount required by Oregon or Idaho law, whichever is higher, to cover any and all persons employed by Artist. 3. Insurance of Artwork. Befoze commencing fabrication of the Artwork, Artist shall procure and maintain, at Artist's own expense, from the Effective Date of this Agreement through City's Final Acceptance of Artwork, insurance on the Artwork in an all-risk form with limits of not less than one hundred thousand dollars ($100,000), and any deductible not ~ to exceed five hundred dollars ($500) each loss, with any loss payable to City. Artist agrees PROFFS$rONAL SERVICFiS AGttEF.,MENT MERIDIAN SPLIT CORRIBUR PHASE 2 PUrrLIC AR'E' PKUJECT PAGE 6 Of t 0 ~ to bear all risks of loss of and/or damage to the Artwork until City's Final Acceptance of Artwork. E. Proof of insurance. Artist shall provide to City, within seven (7) days of the Effective Date of this Agreement, written proof that Artist has obtained alt insurance required hereunder. If any change is made to any insurance policy or coverage required under and/or obtained pursuant to this Agreement, Artist or Artist's insurance agent shall notify City immediately. F. Insurance to be obtained by Artist's subcontractors. Artist shall require any and all subcontractors employed or utilized in the course and scope of the obligations described in this Agreement to obtain and maintain general Iiability insurance and workers' compensation insurance in the amounts described herein. Artist shall provide to City, within twenty-four (24) hours of hiring or engaging any subcontractor, written proof that her subcontractors have obtained atl insurance required hereunder. G. No cancellation without notice. On all insurance policies required under this agreement, such policies shall provide that they may not be cancelled or reduced in coverage except upon thirty (30) days advance written notice to all Parties. Any cancellation of insurance without appropriate replacement in the amounts and terms set forth herein may constitute grounds for termination of the contract. VII. T~ItMINATION. ~ A. Termination for cause. if City determines that Artist has failed to comply with any term oI• condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have thirty (30} days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. 1. Default by City. In the event of termination for non-performance or default by City, City shalt compensate Artist for work actually completed by Artist prior to the date of written notice of termination and any additional services and materials actually performed or supplied prior to the date of written notice of termination, less payments of compensation previously made, not to exceed the Total amount of compensation allowed hereunder. 2. Default by Artist. In the event of termination foc•nnn-performance or default by Artist, except that caused by the death or incapacity of Artist, all finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become /"'~ City's property. Notwithstanding this provision, Artist shall not be relieved of any liability for damages sustained by City attributable to Artist's default or breach of this Agreement. PROFESSIONAL SERVICES AGRI:E:MENT MERill1AN $NLI1' CORRIDOR PHASE 2 PUBLIC ART PRO)ECI• PAGE ~ OF t U r`'~ City may reasonably withhold payments due until such time as the exact amount of damages due to City from Artist is determined. Artist shall not be relieved of liability to City for damages sustained by City by viI•tue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist of liability to City for damages. B. Termination without cause. City may terminate this Agreement for any reason at any time by providing fourteen (14} days notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically teI•minate upon the death or incapacity of AI•tist. In the event of termination caused by the death or incapacity of Artist, alI finished and unfinished drawings, photographs, plans, timelines, and/or any and all other work products prepared and submitted or prepared for submission under this Agreement shall, at City's option, become its property, and the right to fabricate and/or complete fabrication of the Artwork shall pass to City. Notwithstanding this provision, neither Artist nor Artist's estate shall be relieved of any liability for damages sustained by City attributable to Artist's default. City may reasonably withhold payments due to Artist or to Artist's estate until such time as the exact amount of damages due to City from Artist oI• Artist's estate is determined. AI•tist shall not be relieved of liability to City for damages sustained by City by virtue of any breach or default of this Agreement by Artist. This provision shall survive the termination of this Agreement and shall not relieve Artist oI• Artist's estate of liability to City for damages. ~ D. Non-waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Permitting and inspection. Artist shall obtain any and all necessary permits or approvals from the City of Meridian for the installation of the Artwork, which may include Certificate of Zoning Compliance from the Community Development Department/Planning Division; permitting and inspection by the Community Development Depal•tment/Building Services Division; Iandscape coordination with the Meridian Parks & Recreation Department; and/or Citizen's Use Permit from the City Clerk's Office. B. Relationship of Parties. it is the express intention of Parties that Artist is an independent contractor and neither Artist nor any officer, employee, subcontractor, assignee, or agent of Artist shall be deemed an employee, agent, joint ventul•er, or partner of City in any manner or for any purpose. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or• between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. Specifically, without limitation, Artist understands, acknowledges, and agrees: 1. Artist is free from actual and potential control by City in the provision of services under this ~"`\ Agreement. 2. AI-tist is engaged in an independently established trade, occupation, profession, or business. PROFESSIONAL SERVICES AGREEMEN'T' MERIDIAN SPLIT CORRIllOR PHASE 2 PUBLIC ART PROJHCr PAGE $ of tO ~"'r 3. Artist has the authority to hire subordinates. 4. Artist owns and/or will provide all major items of equipment necessary to perform sezvices under this Agreement. C. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and focal laws. D. Non-Discrimination. Throughout the course of this Agreement, Artist shall not discriminate against any pezson as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. E. 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 oI• written, whether previous to the execution hereof or conternporaneaus herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. F. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as dctertnined by a court of competent jurisdiction, in addition to any other relief awarded. ~ G. 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. H. Cumulative Rights and Remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right oI• remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed bylaw shall not be to the exclusion of any other remedy. I. Interpretation. Words of gender used in this Agreement shall be held and construed to include any other gender, and words in the singular shall be held to include the plural and vice versa unless the context otherwise requires. The Agreement and the captions of the various sections of this Agreement are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, context or intent of this Agreement or any part or parts of this Agreement. J. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. K. Successors and Assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. ,/"`~ PROFHSSiONAL SERVICES ACREEMEN'I' MERIDIAN SPLn' CORRIDaR PHASE 2 PUBLIC ART PROJECT PAGE 9 of 1 O ''~ I.,. Notice. Any and all nc}tics required tv be provided by either of the .Parties licrety, unless otherwise stated itt this Agreement, shall be in writing and shall. be deetned communicated upvrt mailing by I7nited States Mail, addressed as follows: ,artist: l'M: C..1. Rer>ch Max .ietisen CJRDesign Public Works Department, Engipeering Division. 1457 Barker Rvad 33 E. Broadway Ave. Hvod River UR 971)31 Meridian iD 8364? (541) 399-383() (~08) 48~)-0344 cjrdesign C gc:n•ge..net mjensen Ca, rnvridianci.ty.org Eitlter party may change her/its address for the purpvse ot'this provision by giving written notice of~ such change ip the planner herein prc:~vided. M1~I. Exhibits. All exhibits to this .Agreement are incorporated by reference and. rnatle a part. of lzereo:f as if the exhibits were set forth in their entirety herein. N. City Council approval required. The validity of this Agreement. shall bc: expressly conditioned upon C:'ity C;vuncil action approving the Agreement. Execution. of this Agreement by the persons referenced below priest to such ratification. yr approval shall not be etxlstrued as proof of validity in the absence of Meriti.ian City Council approval. IN WITNESS WHER>N;OF, the parties Hereto have executed this Agreement on the _~~ tlay of -C~taber- Zt)13. ~o~~-~ ART{gI:ST: f r~tl ~. , Rench .lRDesign S'1"ATE C)F UREG(:)N :SS: County of~ _ ) ~ I .I.1LRI~,F3Y CEIZT.IFY that on this day of _._..~~~°~"T _. 3v1;?, before, the undersigned. a ;'rotary Public in the State ~# Oregon., personalty appeared C.J. RenLh, proven to me to he the person who executed t:he said izrstrttntent. and ai;knowledged to tnc that. she executed the 4aine. I.N 1'~'I`I'~'FSS WIi:F..KFOI~, l have. hereunto set my hand. and affixed my oi'k'icial seal, t:he day aucl year in th~cet'tit~ fibo~° writtetr. tJf~f=tGtAL gtrq~ BRAD P RYNLICK ` •;~ f NCaTAf?Y f'tJBk_1C-pq~~;a~ Ct~MMISSI(~N NU. 46938# ~~~:,w~,c..! .-~,a~~~ ~~~ ~UI.Y 18, 2p16 CITY OF .VIERII)Ix'~N: ~~ 1'""'" Attes >3Y: _._ _ _ ..._ Tammy d erd, Mayer J~ ~~ , , ~~° ~,: I~xvrt;sstctt~:v. St~:tzvtc>::s r~c;[zr:F!~tt;;v e Mrtztrn:a;\ St~t.rr ~;ORRt1)()R Ptjns[:: 2 Pu[it..tc AxYt~ Prtrrat<~.t. i'Votar'y T'ublic for Oregon Residing at _, ~'ty Cotnmissit7n Expires: ,city clerk P,at;;t:: lt} of 1l} .~`~ EXHIBIT A CALL FOR ARTISTS .~ ~"\ Meridian ~ Commission Call. for Artists .~ RFQ + RFP Meridian Split Corridor Phase 2 Public Art Project ou~RVrEw The Meridian Split Corridor Phase 2 Public Art Project intends to .create vitality and a sense of place by placing engaging works of art on two parcels bookending the City of Meridian downtown core, in conjunction with the Ada County Highway District {ACHD}'s Meridian Split Corridor Phase 2 (MSC2} roadway project. This Cail for Artists is a two stage process. The first stage is a request for qualifications (RFQ), in which the Meridian Arts Commission (MAC} invites artists to submit .general qualifications for the design, fabrication, and .installation of public art. The second. stage is a request for proposals (RFP}, in which up to three (3} qualified finalists will be invited to Submit proposals for the MSC2 Public Art. Project. LOCATIONS': There are 'two locations designated for public art -the first on the southwest corner of Ada and Main Streets, and the second on the southeast corner of Main Street and Fairview Avenue. The attached schematics illustrate parcel locations and dimensions. PROJECT DESCRIPTION: The artwork must ..promote environmental responsibility and sustainability, particularly as to recycling efforts and wise use of energy and other resources, and should incorporate recycled, ,.-reused or'repurposed materials, The artwork should also `take into account Meridian's history, 'character, and values, as well as existing aesthetic improvements along Main Street. The artwork must be appropriate for the project site, and Its design, regardless of material or medium, may not create an unsafe distraction to vehicular traffic. The artwork must be Located a safe distance from curbs and roadways and must conform tv all applicable City and ACHD ordinances and policies, including building and sign codes. Please note that while the north sifie may be accessed by pedestrians, the south site has no sidewalks, and is not intended to be accessed by pedestrians; the artwork at the south site should be of an appropriate scale and design to be appreciated by moving vehicular traffic.. Limited water and electricaE utilities are planned far both sites. The City of Meridian wiU collaborate with the selected artist to design landscaping of the sites that will compliment the artwork. ELIGIBILITY: Artists who are eighteen {18} years or older and living full time in Idaho or a state contiguous to Idaho (Washington,.: C}regon, Nevada, Utah, Wyoming, or Montana} are eligible to-respond. This project is open to applicants regardless of race, gender, sexual orientation., religion, nationality, or disability.. Teams of artists., designers, andlor engineers are welcome to apply. Incomplete,. ineligible, or late submissions will be deemed ineligible and will not be considered.. BUDGET: A budgeted amount of $75,000 is currently available for the selected artist's commission, which amount includes materials, fabrication, and installation. Thee final budget may be higher. PROCESS. The evaluation. and selection process will generally occur as follows; dates are subject to change as: may be :necessary due to scheduling issues or other circumstances. Cal( for Artists -Meridian Split Corridor Phase Z Public Art Project Page ~ of b ~"''~.1. RFQ open. To be considered for this project, eligible artists must submit the following materials to MAC by 5:00 p.m. on Friday, February 1, 2013: a. One-page cover letter including current contact information and references; b. Resume, no more than two pages in length; c. Ten (10) digital images (200 dpi; .jpg format) representative of artist's work on CD, DVD, or thumb drive; and d. Image catalog, including titles, dimensions, media, and dates of originals. Materials submitted will not be returned; do NOT submit original artwork. The City of Meridian is a public agency: any information submitted is subject to release to the public as required by Idaho Public Records Law. 2. Finalists selected. By Friday, February 8, 2013, the Selection Panel will convene and evaluate all responses to the RFQ. Following evaluation, the Selection Panel may select up to three finalists, or may re-open the RFQ. Selection criteria will include: a. Artistic quality of work represented in images; b. Appropriateness of experiencelexpertise for proposed project sites; and c. Professionalism and artistic experience represented in resume. The Selection Panel may include representatives from MAC, ACHD, C1ty elected officials and staff, Meridian Development Corporation, and business and residential communities, as well as arts professionals. 3. RFP open to finalists. The selected finalists will be invited to prepare proposals in response to this RFP. A stipend of $1,000 for preparation of the proposal will be available to each finalist upon execution of a written agreement with the City and submission of a completed W-9 form. To respond to the RFP, finalists must submit all of the following materials to MAC by 5:00 p.m. on Monday, May 13, 2013: a. Narrative; b. Budget; c. Drawing or model in a professional format suitable for public viewing; and d. Material samples. 4. Preliminary evaluation of proposals. By Friday, May 17, 2013, the Selection Panel will convene to conduct a preliminary evaluation of the finalists' responses to the RFP. Following this evaluation, the Selection Panel may forward the proposals for public input, or may recommend that the RFQ or RFP be reopened. Preliminary evaluation criteria will include: a. Quality of proposal; b. Appropriateness and safety of proposed artwork for project site(s); c, incorporation of recycled, reused or repurposed materials; d. Reflection of Meridian's commitment to environmental responsibility and sustainability; e. Consistency with Meridian's history, character, and values; f. Consistency with existing aesthetic improvements along Main Street; and g. Contribution to aesthetic and cultural vitality and sense of place. 5. Public input collected. As determined by the Selection Panel, the finalists' proposals will be put on public view and comments will be collected at locations in the Meridian community from ~,..~ Monday, May 20 to Friday, June 21, 2013. Call for Artists -Meridian Split Corridor Phase 2 Public Art Project Poge 2 of 6 !"y 6. Final evaluation of proposals; artist selected. By Friday, June 28, 2013, the Selection Panel wilt convene to make its final evaluation of all responses to the RFP. Following evaluation, the Selection Panel may recommend selection of one proposal, or that the RFQ or RFP be reopened. Evaluation criteria will include the criteria set forth above, as well as public input submitted regarding the proposals. The Selection Panel will forward its recommendation to MAC for consideration on Thursday, July 11, 2013. MAC may accept or modify such recommendation and forward its recommendation to Meridian City Council. Meridian City Council will consider such recommendation in making the final decision on Tuesday, July 16, 2013. Selected artists} and finalists not selected will be notified of the decision by Friday, July 19, 2013. 7. Selected proposal installed. Following selection, the selected Artist will fabricate and install the artwork, in accordance with a written agreement with the City, and with the project's final budget and timeline. A budgeted amount of $75,000 is currently available for the selected artist's commission, which amount includes the cost of engineering, materials, fabrication, and installation of the artwork. The final .budget may be higher. PROJECT TIMELINE: December 12, 2012 Call to Artists (RFQ/RFP) issued February 1, 2013, 5:00 p.m. Deadline for submission of responses to RFQ By February 8, 2013 Selection Panel evaluates RFQ responses, selects finalists February 11, 2013 Finalists notified, invited to respond to RFP February 20, 2013, 5:00 p.m. Deadline for finalists' signed agreement with City and W-9 form May 13, 2013, 5:00 p.m. Deadline for submission of finalists' proposals ~''"~By May 17, 2013 Selection Panel preliminary evaluation of finalists' proposals May 20-June 21, 2013 Public input regarding finalists' proposals By June 28, 2013 Selection Panel final evaluation, recommendation on proposals July 11, 2013 Selection Panel report to MAC; MAC decision/recommendation July 16, 2013 MAC recommendation to City Council; City Council final decision By July 19, 2013 Selected artist and not-selected finalists notified of decision July 31, 2013, 5:00 p.m. Deadline for selected artist's signed agreement with City August 2013-May 2014 (approx .}Fabrication May 2014 (approx.) installation This timeline is subject to change. Submitted materials must be physically received by MAC, at the address below, by 5:00 p.m., on specified deadlines. Responses that are postmarked or en route, but not received, by specified deadlines will be considered late and will not be considered. Artists will receive all notification by letter sent via U.S. Mail. CONTACT: Mail or deliver applications to: Questions, via a-mail: ~"r Thank you for your interestl Meridian Arts Commission Attn: Emily Kane 33 E. Broadway Avenue, Suite 308 Meridian, Idaho 83462 Emily Kane ekaneC meridiancity. org Call for Artists - Mertdian Split Corridor Phase 2 Public Art Project' Page 3 of b ~~c~~ ~~c~~~o~~ ~~ «c~~~~a~~~ ~. ~ u.. ~~ a~ be ~ Y i '1 ~``~~6 ~..y .-kJ'1/ Ck+EnHr i.nrvs k , ~` ...~, ~~~ ~~ ~-"'~ f+ul~licAFt Lkxaoon `t~.1:., ` `"'~ ~ k,~ .j ~~'~, ~ hltaCk116o~nr17a'3(Cu: ~~ ~ ;,~ "'`'i' Southbuundl'r~f~c ~ .... ,~,., ~Y~, i~r~,r: ZiftES t{d rdoi f~t{t'~C{Tit tuns ,,, ~ , r~knd widthx ~w af~gt~n~rnt drr~ecrr, :u ~ •a, > u ~~~~ pro-perty. 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F'ly' ~ (Q~~~n ~ ~i y ~ ,~ ABM YICW YE y'.~V W 1 F ' '''(t ~ ~~YI~'~.'F 1 e l4 ,~ N:~I ~~ I t ~ T G~ .r 'lF t ~ E uon .H I"~ a. ~.~~' ~~•, ~~ .z _ s ~, PP ~'P ~ y ~w ,~, ~: ~,* ~ ~~ ~A1` .~ E„ . ~ win ,.~ ~ yl r -, ~ E Pisat AvE ~ ~p1 k ~i R"S,4 r"~. ~ 1 ~„K. ~ ..Y ~,.. ~, ~MU~.a Wt g ~, ri k € r ~, ~.2 .~yk l 3 1, ~ "' wvr~ ~ ,l . ~. ~ , ~ -,~ { ~ „ ,ti>~ a l ..:.% i Hi~aW 11 ~~ 1~^^« 1 r~ k l ~' r ..~'.~_~ E FRAI~R E.a Fi ,FlO,4b V K. 4 i b M~)t ~ 1 E t ~..r`'~`~ .C.~1~.N Cal! for Artists -Meridian Split Corridor Phase 2 Pub(ir Art Project Page 9 of 6 ~~ i __ _ ~. i `., .N r ~ ~ ., '. x. ,... F ..... ~'~ i ~.. .._. ~ ,WYF®,....'+,w~i m~.<ar~T~^.ti f!Ii1~+~M~1~' W^"pPY ., , ~. ~lraW'?I IIM4w"'b~iM.~ .: Ai . ~w I _ ~+4 . F e i ~ ~ ~.. ~ w i .. ..--.,.. _ .-.. ~_. ~ ~+ .... ~ .,...,r... r .. ~ .~.~--- .. ~-- / ~ r v ~~~ _„a„~,., -~ -~ -" '" ,__... -.. _ a ~ ~ r ~ ~'~ ~_ ~~ ~ 1 9 _ w 111 ' ~ 4 f~f r b l €i€i L T,+ ~ 3 . ~ y t i ~~ s `F "jI, ` , t~ ~+ + - e .. ~Fq _ ,...,~.. 1r~ _, _ -.... mod.. _..,,,,...~.. ... ~rd ..... .,,.. ..m.,....~ T4~~..._ « - ~ ,. ~q ~.,. ~ y ~ lX ~ j ! a„ ~) ' I ~ 1 R y i s t :Gaff for Artists.-Meridian Split Corridor Phase Z Public Art Project Page 5 of S /"`~ 3 ~A. "~, t~ ~ ~ ~ t~,i. ~ .~ , ~,~....... , ~ . ~ ~+r~s -~... ~, a r~ U. ~~_ r ~~ ... ~ { ~ ~ ._ 1 ~, ° fa ~...~- G~i ~~ i `~,.~ '`~.. ., .~ ' ,, . ,....~..~~e 3, ~' . a i .~ . ' ~ ~ _~ a ~ i' ,, , ; ,,,. ~ ` ~ , .. $' ~ ~ ~ ~ . ~ i ~ .'~ "~ ,tip. + . ~ 4 ~~ iy Q i * (._.., J { ~{ J L ; i 1 ~ ~ I ~I 1 ~~', k ~ ~ „~ ~;• ~I E . 9tfaw Am ~~1 ~ i f i~-~ ~ .. e ~ .~ .,,~~°C: - ~ e~, "wa ` 1 ~ ~( ~~ a tytj-{(p` 3X' " s,' H ~ __ W t~.l N '~ __ f I) +1 1 _...., R 4 6 /l r~+ r-s 1 r,'". .r± r~ ~r~,~,' 1"~ ~^~ r'-°a.f ~s` ., 7 i' Cafl for Artists -Meridian Spiit ~arridor Phase 2 Pubs is Art Project Page b of 6 ~'~''~ EXHIBIT B ARTIST'S PROPOSAL ,~ .:. ::~;~y,. >~A~ryx~" • a .::7. ,-. i ' ' ~.ti: `t.. ;,:~ > .. ••. .1."•• . .. tea.: ;.).r[.' '. ~(v: -lam : . °.icYS... ... ... ... . . . . , . . . .. ... ..:... ..~~r:... .:... ._ :::. ....: .: d~`:~'FiF: _ _ - ~ ~:1.; ,...Ts, ..... .r,,._ .. ..: ,. . .;.. ..:, . _ ' ,~` .. .., - }~ - '`lr .: V 4 ., '. }'.~.....'. w r. `~'~~~ .. .~:. .:: _~t}`:. ti .v _ . .. :: ~ .~ ^~~ .,,:. ~ ..,~ .. ,::.i: =~fY . ~ .. '^.~t'i 'i~' ;;n _ _ ,.i:l' _ s, ,.~~ 'ti: ~.J ~t[~ E~ t G N BTU D [ a,~~N~ ~~ "Under the Sun and Dreaming" Art proposed by C,J, Reach - CJRDesign - a41,399.3830. www.cjrdesignstudo.com 1457 Barker Rd. Hood River, (}regon 97031 ' ~~~ ,1~ s' t~ Stucli,c~t~~ Concept Statement. Cities, at their best, help shape'the next story of the state in which it resides. They are full of history and of new promises. "Under the Sun and Dreaming" captures Meridians past and present, the abstract elements within the seulptu~•e -birds of prey, open shies, orchards, recreation, abundant sun, and a strong connection to natural resources are easily recognizable, playful in nature andvisually balanced, "Under the Sun and Dreaming" draws on not only the historical past but also the cultural present and invites viewers to re-visit in their own irnaginat'rons what. Meridian is was and will can become:.. Forms, Color & Meaning: "Under the Sun anal Dreaming" will be atwenty-seven=piece monumental. stainless :steel sculpture standing thirteen feet tall and twenty feet wide: Harrowing from Meridians past and. present, the a$stract elements within the sculpture - birds of ~ prey, open skies, orchards, recreation, abundant sun, and a strong connection to natural resources are easily recognizable and playful in nature. The colors will be the reflections of the natural surroundings and light of the day c~fi' the textured stainless steel Project Details: Sustainabilty /recycling: Indirectly the sculpture touches an the themes of sustainability and recycling by highlighting all the wonderful natural elements of the area, thus. reminding the viewers of the importance of maintaining ou~• ~iatural resources. With-.recycling being a ltey element of the Meridian project, combine with our commitment to sustanability, we will use a minimum of 10% and up to 30~/o recycled stainless steel to complete the fabrication of the sculpture. Materials Stainless steel is the chosen material for "Under the Sun and Dreaming" For it's timeless artistic quality, -it's maintenance free aspect and it's proven record in public sculpture. We will use a minimum of 1(3~/a and up to 30°!0 recycled stainless steel tt~ complete the fabrication of the sculpture. • 12 & 16 Gauge Stainless steel. • Internal engineering forms stainless & mild steel THD. • If I{inetic movement is executed. it will: be done with thi°ust bearings. ~'"`, ~,,"''~~ CbnstrUCtlbn: • All Forms will be constructed out of stainless steel in hollow form manner with internal supports for engineering. • The mounting will be aslip-on mount (via a hoist) with all the mounting hard-wear hidden from view once the installation is completed. • All fabrication done in CJRDesign Hood River studio. Finish: Each form will be textured to follow the lines of the forms. 't'hus creating various textures and movement in the sculpture. At CJRDesign if color is used we use a two-part hi polymer epoxy finish. This is the only way we can have confidence in the longevity and UV resistance of our works. We pride ourselves on providing our customers long term maintenance free warlcs of art! Approximate Size /Weight: ,•-~ The sculpture wiI! be approximately 13' feet tall and ZO'+ feet wide with the thickness of the forms ranging from 18" to 2b"inches. • Approximate weight 42000 lbs total. Location: Taking a long look at both the North and South sites that are available for placement of art. 1 decided to focus on the main entrance, the South site, for a few reasons. One, the North site would not have the overall "Wow" impactor be viewable from multiple sides as the South site will have. Second, a sculpture designed at the proper scale to fit the North site will certainly create a visual barrier and a distraction to the drivers. Finally the orientation to the sun at the North site also leaves a sculpture continuaIiy back lit and unfortunately the best view from the neighboring parking lot. • Looking at the site and potential I feel it is more important to place a monumental iconic sculpture that can spotlight the arts and culture of Meridian and continue to introduce visitors and locals alike to all that Meridian has to offer. ,~"'~ Landscaping: The sculpture, by its shear size, lends itself to eithe~• zero-scaping, native planting or minimal landscape for better sustainable water conservation. The landscape 1 would propose for the site would be a few berms and mounds carefully placed to frame and or possibly lift the sculpture. Site Prep: CJRDesign will • Identify any and all plantings that need to be moved or removed by the city or landscapers. • Identify (with help from the City) the location and angle of the cement- mountingpad. • Engineer and have the cement pads and mate mounting pipes set in place. • Provide the City the necessary engineering foi• the pad or pads to be poured. Maintenance: • Using stainless steel provides an extremely durable and low maintenance finish with strong stain resistance. When the shine or finish start to loose the sparkle I recommend using a Zepp stainless steel cleaner found at most home stares like Home Depot. Just spray this on to a[I the stainless steel and then wipe off with a soft towel. ~-., One of the many reasons I like to use the Zepp is it leaves an oily coating on the sculpture and this is a great deterrent for people that think climbing on the art is a good idea. • Tagging: if the Stainless ste 1 gets tagged with paint or some other substance, you can simply use Acetone to remove the marlrs and then clean again with a Stainless cleaner. • Subcontractor/Supplier? Professional Services List: • Engineering -All Structures Engineering, Taggard OR. • Laser Cutting -13& I3 Steel Canby, OR. • Misc. Materials -Alaskan Copper /American Steel • Crane /Hoist rental - T8D {local preferred) ~'"~ 1"'~. Passible Timeline: Mid Juty 2013 Contract Signed* First invoice (50% budget) First payment received 1=ina) Design & Engineering, **Materials ordered and purchased. Sept. 2013 Receive materials /Begin Fabrication. IVov.-Dec. 2013 Mid fabrication photos sent * receive second payment (30% budget) Spring 2014 Site Prep/warts with the city on the bases or pedestals. May 2014 Delivery & Installation Final Invoice (20% budget) Final payment received and Dedication. ~,...~ *Timeltne is contingent on signing of contract & first payment. If either of these events is delayed, our schedule will delay accordingly, **Materials and Engineering will be ordered and purchased only after first payment is received. Selection Committee: Design and scale; As I set out to develop a sculpture for the Split Gorridor~• project, I wanted to design a work that would place the arts and culture of Meridian in the national spotlight. A monumenta! community valued sculpture that would be iconic for the city of Meridian and quickly bring Meridian equal to or above much bigger cities showing its commitment to arts and culture. 1 believe a monumental work as complex, unique and timeless as "Under the Sun and Dreaming" can accomplish these lofty expectations. Dimensionally: Each form will have much more dimensionality then I can make in a small flat model. I'll try to explain, as you look at the tap horizontal form of the skyline and wind, when this is built it will look more like a ribbon where the tail crosses over the top of the length, so it will not be one flat surface like the model. Many other forms are built out this way also. Open option 1: Kinetic? Loolting over the sculpture there are a few possibilities for kinetic elements, if you ,,.~-~ as the committee feel it will not be a distraction for the drivers. The bird of prey on the left side and or the cloud could be kinetic. T1Yese elements would spin in a breeze and can both be done with-in the budget. I don't feel this would be distracting to the drivers but it would add a level of interaction with the sculpture always changing. 1 leave this decision up to you. Open option 2: Color? While designing the sculpture I picked stainless steel far the piece for a few reasons. • Zero maintenance, no fading or touch up, easily cleaned when tagged. • Exciting, constantly changing reflections aII year long. • Timeless presentation with a richer more expensive look. However, if as a committee you feel that a few or all the pieces would fit Meridian better as a color this is absolutely possible. We can paint one, two, three or all pieces, one or multiple colors. This is all possible also with-in the budget and is up Co you, Thank you for allowing me to be part of this process, I hope you enjoy "Under the Sun and Dreaming" as much as I enjoyed designing a piece specifically for my old home area. Enjoy( My Best ,-. ~~ ~~ "Under~.~he.Su:n and ,Dreaming" `~~` Project Pricing Budget werview`'~ Under the Sun and Dreaming.;. . :<~:1,3',feet tall X 20' wide ~ - . :.>~ :: ~:Bd et: . . Artist Design & development, ~ ::~;:; .:~~;.:;;;v; = ::. ~. $42,000.00. .:.~>==~`<~... , .. project managem,ent,.shop,~yerleacl~nsu~ance, etc, _- ........... .. . _ ,,, ~Eri~ ~irieer.' _ ~n~ _ g, .g ~a 80 2 ::$. 4 ..t. ~_, 1.. reset u /cuttiri~ :85.0;00. r+F.~L `Materials ~ - •~~ --''$9870.00: - ~ _ .:: ~~ b ;~;: ....... n: ~,:....:; ..:. Fa ri attQ . . .r. ,..,:.:::.. :.:::: ::: , N .- :. 8~~60.0.~ 0 0 $.,. . . . .. ::. . - ~':,Finish'i:r`-::;tine exturein ~ . 9 ~ :::.,.. . . ,_ . ,,~ - `F:oundatfon engineering - ~ ~~~ .. ~ ~ ~$8Q0.00.>~;~'~~ `<;~ ~ ~ ~ ., , Fo fi'~~ ce unda `n me t or ~ / k .Q nw .r .. ,, :,~:., ~t~;.::- °0`~ o - ~S .0 _ $. 4 ~. ..~, , a:;~~: Tr ~~k re' ! vita ~a~ .. ~6 0 00 p ±~~: Cra a <:ti, _ n rental _ . ~~ .. ::~..,soo.0o:::: Txavel~tme and lodging =~ti`' ~ `$~ 50.00 ~~Perm its . ,. - ~., ~ _ _ - $5oa.oo . ~~'''Contingency fund: . ~ ~ $5,280.00 . Total ~ 95 00 0.00 :;$ ,:: . :::.: _ .;_ , .... (c -~ - 547 -399-3830 •-~ C..IRDESiGNSTUDtU.CCJA/1 Meridian City Council Meeting DATE: November 12, 2013 ITEM NUMBER: 4D PROJECT NUMBER: ITEM TITLE: PROFESSIONAL SERVICE AGREEMENT DELTA JAMES Professional Services Agreement with Delta James for Meridian Arts ommission Strategic Planning Services for an Amount Not to Exceed $~1~ 1 '~-,$ , b v MEETING NOTES 7 ~PPROYEO Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-~AAILED TO STAFF SENT TO Af3ENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR MERIDIAN ARTS COMMISSION STRATEGIC PLANNING SERVICES This PROFESSIONAL SERVICES AGREEMENT FOR MERIDIAN ARTS COMMISSION STRATEGIC PLANNING SERVICES is entered into this ~a day of November, 2013, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Delta James, whose address is 13643 Farm to Market Road, McCall, Idaho ("Consultant"). WHEREAS, City has determined the need for services to provide facilitation and information related to strategic planning by and for the Meridian Arts Commission, and Consultant is specially trained, experienced, and competent to provide, and has agreed to provide, such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained the parties hereto do mutually agree as follows: I. Scope of work. The City agrees to engage the Consultant to provide, and the Consultant agrees to provide, the services described in Exhibit A hereto, which exhibit is incorporated by reference as if set forth fully herein. Consultant 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. Consultant represents and warrants that she will perform her 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. II. Term of Agreement. Consultant shall perform services under this Agreement by November 30, 2013. Consultant agrees that services and work provided under this Agreement will 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. III. Payment. For services rendered under this Agreement, City shall pay Consultant an amount not to exceed nine hundred seventy-five dollars ($975.00). This amount shall constitute full compensation for any and all services performed, materials furnished, and costs incurred by Consultant. To receive payment for services rendered, the Consultant shall mail to City an invoice itemizing services rendered and stating the amount of payment due for such services. City shall remit payment to Consultant for services rendered under this Agreement within thirty (30) days of receipt of invoice. Payment of all taxes and other assessments on monies received under this Agreement shall be the sole responsibility of Consultant. Except as expressly provided in this Agreement, Consultant shall not be entitled to receive from City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement. PROFESSIONAL SERVICES AGREEMENT -MAC STRATEGIC PLANNING PAGE 1 OF f) /`~ /"`~ /"'`~ IV. General Provisions. A. Acknowledgment of risk. Consultant acknowledges that rendering services under this Agreement presents risks, some of which aze unknown, and agrees to assume all risks associated with the fulfillment of the terms of this Agreement. B. Indemnification and waiver. Consultant and each and all of Consultant's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall, and hereby do, indemnify, save and hold harmless, release and forever dischazge City and its agents, volunteers, and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Consultant or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof, at or in its use of City property, facilities, or equipment or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City, regazdless of the manner by which such claim may be brought. C. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of the premises, property, facilities, or equipment that City provides for Consultant's use. Consultant accepts the premises, property, facilities, or equipment provided by City as is. D. Time of the essence. The Parties acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision of this Agreement, and that the failure to timely perform any obligation hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. E. Notice. Communication between the Parties regazding day-to-day matters (e.g., issues related to scheduling and venue) shall occur via a-mail, facsimile, or telephone. All other notices required to be given by either of the Parties shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City: City of Meridian Consultant: Delta James City Attorney's Office 13643 Farm to Mazket Road 33 E. Broadway Avenue McCall, Idaho 83638 Meridian, Idaho 83642 Either party may change its authorized representative and/or address for the purpose of this pazagraph by giving written notice of such change to the other party in the manner herein provided. F. Assignment. Consultant shall not assign or sublet all or any portion of Consultant's interest in or obligations under this Agreement or any privilege or right hereunder, either voluntarily or involuntarily. This Agreement and each and all of the terms and conditions hereof shall apply to and aze binding upon the respective organizations, legal representatives, successors, and assigns of the parties. PROFESSIONAL SERVICES AGREEMENT -MAC STRATEGIC PLANNING PAGE 2 OF 6 ~ be terminated. The Consultant will thereafter be entitled to receive payment for those services reasonably performed to the date of termination, less the amount of reasonable damages suffered by the City by reason of the Consultant's failure to comply with this Agreement. Notwithstanding the above or any other provision of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments to Consultant for the purposes of set-off until such time as the exact amount of damages due City from Consultant is determined. This provision shall survive the termination of this Agreement and shall not relieve Consultant of her liability to City for damages. J. Indemnification and waiver. Consultant and each and all of Consultant's employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall, and hereby do, indemnify, save and hold harmless, release and forever discharge City and its agents and employees from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Consultant or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof, arising out of Consultant's performance of this Agreement or at or in her use of City property, facilities, or equipment or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City, regardless of the manner by which such claim may be brought. K. Discrimination prohibited. In performing services under this Agreement, Massage Therapist shall not unlawfully discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, sexual orientation, age, or disability. L. 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. M. Compliance with laws. In performing the scope of services required hereunder, Massage Therapist shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. N. 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. O. Entire Agreement. This Agreement contains the entire agreement between the parties, and 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. This Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. PROFESSIONAL SERVICES AGREEMENT -MAC STRATEGIC PLANNING PAGE 4 OF 6 P. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or waived the opportunity to seek such advice. Q. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. CONSULTANT: _. ~ l Delta James CITY OF MERIDIAN: /"r Tammy Mayor eerd ¢Q~~ze.T~n nU~VSTr G~ l'90 "' ,~,~,(' City of /v~ E IDIA *... IDAHO °'~ SEAL „'" f~Tf~O~IAe TAF~S~~~~! Attest: Clerk J ~~ PROFESSIONAL SERVICES AGREEMENT -MAC STRATEGIC PLANNING PAGE 5 OF 6 ~`~ EXHIBIT A Scope of Work Objective: Meridian Arts Commission strategic planning work session Deadline: November 16, 2013 Services: Contractor will facilitate one work session of up to 6 hours in duration for Meridian Arts Commission members and key stakeholders to help them identify and prioritize 3-5 year goals, objectives and strategies. PROFESSIONAL SERVICES AGREEMENT -MAC STRATEGIC PLANNING PAGE 6 OF 6 Meridian City Council Meeting DATE: November 12, 2013 ITEM NUMBER: 5}~ PROJECT NUMBER: ITEM TITLE: LIGHT MY FIRE DONATION PRESENTATION Light My Fire Donation Presentation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 12, 2013 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: LAKEVIEW GOLF COURSE UPDATE Annual Lakeview Golf Course Update by Erik Oaas and Annual Rent Waiver MEETING NOTES ~'e ~ ~ Dais ~ pppROYEU Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ~~E IDIAN ~~ FINANCE DEPARTMENT INTEROFFICE MEMO DATE: 10/14/2013 TO: MAYOR & COUNCIL CC: STEVE SIDDOWAY, TED BAIRD ,~ /~ FROM: STACY KILCHENMANN RE: GOLF COURSE -COMPLIANCE FOR ANNUAL RELIEF OF RENT Per 2013 addendum to the Lease Agreement for the operations of the City's municipal golf course, per section 5 addendum D the lessee shall be relieved of the obligation to pay annual rent upon proving their capital improvement investment to the Director of Finance each year. I received a copy of their invoice and proof of payment in the amount of $8666.68, towards the purchases of 5 new golf carts for use at the City municipal golf course. This investment complies with their seven year capital investment plan. Per the 2013 addendum signed 9/17/2013 the Lessee has complied with the requirements for the annual rent relief. Recommended Council Action: approve waiver of golf course annual rent that was due 10/1/2013 in the amount of $6,000. Thank you for your consideration. Please contact me if you have any questions. Approved by City Council on the /Z.~ Day of ~9~~~~ 02©l~ Signed Mayor Q~~~T1:D H UCUSl ~~~ ! J Attest w City of 1D~J I DAl10 City Clerk `~F ~E:F~I.; 1p yP ER ~~ +~ e '[AE ~Sv~ D. PAYMENT OF RENT: Section 5 shall be amended to read as follows: a. Lessee shall pay the sum of Six Thousand Dollars ($6,000.00) per year, in advance, as rental. This annual payment shall be due on the first day of October, beginning on 10/01/2013. i. For the seven year period ending on September 30, 2019, Lessee shall be relieved of its obligation to pay annual rent upon a showing of compliance with the capital improvements construction requirements for the preceding year set forth in Section 2(E) of this AGREEMENT. ii.. To qual~jr for this annual relief from the ~bJlga~on to pa}r r~~#, ~.~~~®e.must,provlde proof of comptlsr`nc~ too #la Dit~-~~ti7a~re e~c~ fir, at least one ra~antf7 prior to the d~e`d~te, iii. The Director of Finance shall review and verify such~~r~of and~rward it~#o tine City Council far approval on the next available Consent Agenda or other agenda presentation. iv. In the event that Lessee fails to provide proof of compliance in any given year, or if the City Council does not approve the submission, the annual rent for the following year shall be due and payable on the frst day of October. E. ACCOUNTING RECORDS: In Section 6(B~ of this AGREEMENT, the reference to "City's Administrative Services Director" shall be replaced with "City's Finance Director or designee." F. REPORTING: In Section 8(K) and Section 9(U)(1) of this AGREEMENT, references to the "Mayor" or "Mayor's representative" shall be replaced with "Director of Parks and Recreation or designee." G. TAXES AND ASSESSMENTS: Section 9(E) of the AGREEMENT shall be re-named "Taxes and Assessments" and the following sentence shall be added to the existing text: Annual irrigation assessments will be paid directly by City, and Lessee shall reimburse City for the full amount of the irrigation assessment on or before the due date set by the irrigation district. ....... ............ KEV(EW G _ _ . ~~~~ 3 Stan's Golf Cars, Inc. Date Type Reference Original Amount Bafance Due 11631 7/12/2013 B!I! 1-66992 13,000.00 8,666.66 payment Check Amount 4,333.34 4,333.34 Idaho Independent B; 4,333.34 LAKEVIEVJ G~~~'pg~.~3 Stan's Golf Cars, Inc. 11565 Date Type Reference Original Amount Bafance Due Payment 07/12!2013 Bill 1-66192 13,000.00 13,000.00 4,333.34 Check Amount 4,333.34 Idaho Independent B; 4,333.34 STAiV'S GOLF GARB, INO. • 494q WEBT STATE ST, BOISE ID 83703 20B•338-1739 ACCT. NO.: SOLD TO: ~~~~~ • I.AI{EVIEVIJGOLF CLUB 42gq 3N. TALAWI ORE BLVD. • tu1ERIDIAN,ID 83642-9Q99 Phone:f384-8911 SHIP TO: INVOICE N0. INVOICE 1-@619z SALES NO, pURGHASE ORDER NO. SHIP VIA COL PPD DATE SHfPPED TERMS INVOICE DATE i SP1 T1 7fi2l2gi3 • QTY. ORDERED - QTY SkiIPPED BACK ORD[RED 17E(uT NU. DESCRIPTION UNIT PRICE EXTENUEU PRICE i 1.qq 201490 AAg434 423968 48V DB SER BEIGE 2,800.00 2,600.00 1.Oq 2094110 AA0434 423999 4$V DS SER I3E1GE 2,900.00 2,800.00 i.q0 ' 201480 AAQ43442397148V DS SER 6EIGE 2,80q,00 2,BOO.Oq 1.00 201500 AA0434423974 48V DS SER BEIGE 2,60tI.00 2,900.00 1.Oq 201940 AA0434 423973 48V DS SER 13NG E i i 2,900.00 2,600 A0 • I ,~ _ t ~•~~ ~ t}... ~~•' _._. ..... _... ~.( ., f ~,l.i .t 4 ~ > I 1 f \ Y ~ J ~ ~ • I i ~ 4 '` . i . r ` v . ? 4 yJ 5 i ~ ~ ` ~I-` :! ~ ~ j l~`~} SALE AMOUNT ~ q ALL INVOICES DUE UPON RECEIPT TAXABLE TOTAL 0.00 SALES TAX flea FREIGFIT A finance charge of 1.9% will be charged to unpaid balanovc IRAN ACTION TOTAL 13g00.gq over 80 daVS F'hank You An~o T TENDERED 0.00 TOTAL CHARGE 13000.00 Ted Baird From: Erik Oaas <erik cLDoaaslaney.com> Sent: Monday, October 07, 2013 4:48 PM To: Stacy Kiichenmann Cc: Ted Baird; Reta Cunningham Subject: Re: Goif Course Capital lmpravements Follow Up Flag: Follow up Flag Status: Completed Hello Stacy, Our capital improvements this year were in buying golf carts. We purchased 5 ea. Fully Refurbished Club Car Golf Carts this year for a total price of $13,000.00. We asked for some extended payment terms from Stan's and have paid $8,bb6.67 (2 payments of $4,333.33 each) to date and have one more payment of $4,333.32 remaining which will be made when our season passes go on sale in November. There were other capital expenditures but I would like to keep it very simple and clean. I will have the invoices from Stan's Golf Cars for you tomorrow. Below is the Capital Impravements Plan (7 years) that we presented to the City Council last November and this remains in place with no changes this year. Please iet me know if you have any questions. Regards, Erik Capital Improvements Plan 7 Years Proposed Projects: (Minimum of $6,000.00/yr) •Purchase/Lease Golf Carts $25,000.00 •Rework/Refurbish No. 8 Green $5,000.00 •Rework/Refurbish No. 9 Green $5,000.00 •Relocate and Rebuild Main Putting Green $95,000.00 •Bunker renovation $5,000.00 •Cart path replacement $8,000.00 •Landscaping projects $10,000.00 On Mon, Oct 7, 2013 at 9:58 AM, Stacy Kilchenmann <skilcherunann~a?,meridiancity.org> wrote: Hi there Erik! Meridian City Council Meeting DATE: November 12, 2013. ITEM NUMBER: 6 PROJECT NUMBER: ITEM TITLE: Items -Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes ,_ CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AtiENCY SENT TO APPLICANT NOTES INITIALg Meridian City Council Meeting DATE: November 12, 2013 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: PUBLIC SAFETY STRATEGIC PRESENTATION Fire Department/Police Department: Public Safety Strategic Presentation MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-IIMILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 12, 2013 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: PUBLIC WORKS DEPARTMENT REPORT Public Works: Department Report Regarding the Number of Connections Allowed on a Single Water Main MEETING NOTES ~~ ~ ~~~~~~~3 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE F/NAL ACTION DATE: E~#AAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: November 12, 2013 ITEM NUMBER: $ PROJECT NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO gTAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS