2015-01-06�E IDI
AN-- CITY COUNCIL REGULAR
IDAHO MEETING AGENDA
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, January 06, 2015 at 6:00 PM
Roll -Call Attendance
X David Zaremba
X Charlie Rountree
X Genesis Milam
2. Pledge of Allegiance
X Joe Borton
X Keith Bird
X Luke Cavener
X Mayor Tammy de Weerd
3. Community Invocation by Steve Moore with Ten Mile Christian
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved
A. Sanitary Sewer and Water Main Easement with James Wylie IV for
Knighthill Subdivision
B. Victory Middle School Sewer and Water Easement
C. Dog Licensing Designee Agreements between the City of Meridian and the
Sunnyside Animal Hospital, The Pet Doctor, Settlers Park Veterinary
Hospital, Pet Care Clinic, Idaho Humane Society, Treasure Valley Veterinary
Hospital, Linder Pet Medical Care, Meridian Veterinary Hospital and
Intermountain Pet Hospital
6. Items Moved From Consent Agenda None
7. Department Reports
A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update
B. City Council: Election of New City Council Officers and Department
Liaison Appointments President— C. Rountree, Vice President— K. Bird
Meridian City Council Meeting Agenda —Tuesday, January 06, 2015 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.
C. Legal Department: Presentation And Discussion Of Draft Memorandum Of
Understanding Regarding Capital Improvement Approval Procedure
Between Lakeview Meridian Investors LLC And The City Of Meridian
D. Parks and Recreation Department: Meridian Road Interchange Landscape
Installation Discussion
E. Community Development/Building Services Department: Building Official
Position Update
F. Resolution No. 15-1042: Affirming Termination of Professional Services
Agreement with Whitman & Associates for Building Official Services by
Mutual Consent of the Parties Approved
8. Ordinances
A. Ordinance No. 15-1635: An Ordinance (AZ 14-011 Jump Creek Subdivision)
For Annexation And Rezone Of A Parcel Of Land Located In The East % Of
The East % Of Section 28, Township 3 North, Range 1 West, Boise
Meridian, Ada County, Idaho; Establishing And Determining The Land Use
Zoning Classification Of Said Lands From RUT To R-8 (Medium Density
Residential District) And R-15 (Medium — High Density Residential District)
In The Meridian City Code; And Providing For A Waiver Of The Reading
Rules; And Providing An Effective Date Approved
Future Meeting Topics None
10. Executive Session per Idaho State Code 67-2345(1)(d) — (to consider records that
are exempt from disclosure as provided in chapter 3, title 9, Idaho Code): Vacated
Adjourned at 6:37 p.m.
Meridian City Council Meeting Agenda — Tuesday, January 06, 2015 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 January 6, 2015
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday,
January 6, 2015, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Charlie Rountree, David
Zaremba, Joe Borton, Genesis Milam and Luke Cavener.
Others Present: Bill Nary, Jaycee Holman, Bruce Freckleton, Brent Bjornson, Kyle
Radek, Tracy Basterrechea, Perry Palmer, Mike Barton and Dean Willis.
Item 1: Roll -call Attendance:
I TOMM
X David Zaremba X Joe Borton
X Charlie Rountree X Keith Bird
X Genesis Milam _X_ Lucas Cavener
X Mayor Tammy de Weerd
De Weerd: I'd like to welcome all of you to our City Council meeting. Thank you for
joining us. We will go ahead and get tonight's meeting started. For the record it is
Tuesday, January 6 at 6:00 p.m. We will start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item 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: Community Invocation by Steve Moore with Ten Mile Christian
De Weerd: Item No. 3 is our community invocation. Is Pastor Moore here? I don't see
him.
Item 4: Adoption of the Agenda
De Weerd: So, we will go ahead and move to Item 4, adoption of the agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: On Item 7-F, the resolution number is 15-1042 and Item 8-A is Ordinance
No. 15-1635. And Item 10, the issue related to the Executive Session is no longer
Meridian City Council
January 6, 2015
Page 2 of 16
present, so Item 10 will be deleted. And with those changes, Madam Mayor, I move
that we approve the agenda.
Bird: Second.
De Weerd: I have a motion and a second to approval the agenda as read. All those in
favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Sanitary Sewer and Water Main Easement with James Wylie IV
for Knighthill Subdivision
B. Victory Middle School Sewer and Water Easement
C. Dog Licensing Designee Agreements between the City of
Meridian and the Sunnyside Animal Hospital, The Pet Doctor,
Settlers Park Veterinary Hospital, Pet Care Clinic, Idaho
Humane Society, Treasure Valley Veterinary Hospital, Linder
Pet Medical Care, Meridian Veterinary Hospital and
Intermountain Pet Hospital
De Weerd: Item 5 is our Consent Agenda.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I move that we approve the Consent Agenda as published, to 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. If there is
no discussion, Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Items Moved from Consent Agenda
Meridian City Council
January 6, 2015
Page 3 of 16
De Weerd: There were no items moved from the Consent Agenda.
Item 7: Department Reports
A. Mayor's Office: Mayor's Youth Advisory Council (MYAC)
Update
De Weerd: So, we will move right into Item 7 under Department Reports. We will start
with the Mayor's Youth Advisory Council update. We have Hannah Chambers to give
the update. Hi, Hannah.
Chambers: Madam Mayor, Members of the Council, I'm Hannah Chambers, the
Meridian High School representative for MYAC. I will give a brief update on the
council's activity. This is their second update of the year and I will be reviewing our
December activities. We start by -- we started December by volunteering for the Winter
Lights Parade. We assisted with crowd control. We led the parade by carrying the
opening flag and assisted with the Mayor and City Council by throwing out over 200
dollars in candy to the crowd. We had a blast and we would like to thank you for letting
us take part in your float. On December 8 we held our annual Mad City Money event.
It's always a crowd favorite. The event sponsored by our friend at the CapEd Credit
Union --
De Weerd: Technical difficulties.
Bird: It can almost be just like children, they don't perform like they should when you
want them to.
Chambers: We are in the --
De Weerd: She has gone over the parade, Ken. There you go. Mad City Money.
Chambers: On December 8th we held our annual Mad City Money event. Always a
crowd favorite, the event is sponsored by our friends at the CapEd Credit Union. A lot
of chance to learn real world financial scenarios by taking on the role of an adult in this
futuristic Mad City. We were given jobs, income, a family and debt. The challenge, we
visited merchants just like housing, transportation, food, household necessities,
clothing, daycare and other wants and needs while building a budget and to see
success as we invited teens from other youth councils, including Eagle and Middleton,
Nampa and Caldwell. In all we had about 145 teens take the challenge. Also we were
able to partner with the Meridian Ford Mentoring Center to hold the event meet there,
as they have a life size building to make the city a real version. It was very cool and it
was a great opportunity to learn how a Mad City works. We held our annual Christmas
party and gift exchange. We had a special event Jump Up The Gifts we exchanged and
had a desert potluck and no one could forget the ugly sweater competition. It was a
great way to unify the group and celebrate the holidays. A little bit of sad news that we
Meridian City Council
January 6, 2015
Page 4 of 16
learned that Patrick was moving on. We had a special celebration for him with a video
presentation and covered him in Post -it notes with us saying how much we loved him
and will miss him. We also had an all valley youth council celebration. One of our goals
from a recent National League of Cities trips was to get all the groups in the Treasure
Valley together for a bonding, planning, and seeing how we can all work together. All of
the youth councils met in Caldwell to visit their light display and play holiday games. It
was another great way to build unity in all the groups and we -- we now have planned at
least two more all valley get togethers. In light of some of our peers taking their own
lives, we are planning a special MYAC meeting in which we will host one of the parents
of the teens who committed suicide. We called a special meeting in December to plan
for it and we will hold the meeting in the next month or so. A parent of one of the
recently deceased teens will be a presenter. We are hopeful we will have a good
impact and open people's eyes to this problem. Our first -- our first meeting of the year
is next Monday and we are ready to go. We have many item on the calendar and look
forward to rocking 2015. I would like to say that this has been an amazing experience
for me and thank you, Mayor Tammy, Ken, Patrick, Officer Gomez and everyone
involved in the Mayor's Youth Advisory Council. Thank you and this makes a huge
difference in many teens' lives and it helps us make a difference in our community. I will
now stand for questions.
De Weerd: Thank you, Hannah. Council, any questions?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Just thank you, Hannah, for all that you kids do. Certainly appreciate it in the
community. Thank you much very.
Chambers: Thank you.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I'd echo Councilman Bird's comments and encourage you to take it back to
the Council how much we up here appreciate all you guys do. You're great spokesmen,
ambassadors for our community. I'm curious with this year what's been your most
favorite activity that you participated in?
Chambers: Well, from 2014 1 liked Ignite Youth, because -- and that was a presentation
where a bunch of kids got to show their ideas. They could be as silly as you want -- like
one guy did how my hair represents my life or they could be serious. There was driving
under the influence and I really liked that, because you got to have fun with other teens
and you also got to learn about some really interesting topics.
Meridian City Council
January 6, 2015
Page 5 of 16
Cavener: Thank you.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: You mentioned the all valley event. How many participated in those?
Chambers: How many participators for the --
Rountree: In the all valley event. Number of students. Approximately.
Chambers: Seventy-seven. About 77.
Rountree: Great. Thank you.
De Weerd: Okay. Council, any other questions for Hannah? Well, they -- they are
definitely locked and loaded and have a very aggressive timeline coming up, so you will
be getting some more energetic presentations like what Hannah just gave you on what
they have planned and, Council, you are always welcome to attend a MYAC meeting.
We -- the general meetings are the 2nd and the 4th Monday of every month and I think
the teens would love to see you. Don't you think, Hannah?
Chambers: Yes.
De Weerd: Yes. So, thank you very much.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Before we go on, I think a thank you from the Council and yourself to Ken for the
leadership he's given these youth and the way this program has grown to the benefit of
everybody involved in the community.
De Weerd: Yes. Here here. Good job, Ken.
Cavener: Madam Mayor?
De Weerd: Yes, Mr. Cavener.
Cavener: Maybe a question. I recognize there seems to be a lot of students in the
audience. If they wanted to participate and were of age, is it too late for them to -- to
join?
Meridian City Council
January 6, 2015
Page 6 of 16
De Weerd: It's never too late to join the Mayor's Youth Advisory Council and, like I said,
they do meet the 2nd and 4th Monday of every month. The whole goal of the Mayor's
Youth Advisory Council is to give a voice to the youth leaders in our community. It
allows them an opportunity to get involved in government. So, there is a government
affairs committee that gives you an opportunity to talk to policymakers, either here in the
city or at the county or state level and we do have legislative committees that request
our youth council members to come and testify and give opinions on different pieces of
legislation they feel will be an impact to youth. It also allows for community service to
get involved in events that are happening in our community, as well as the teens vote
on certain nonprofits that they want to get involved in, as Hannah mentioned, suicide
prevention is one of those areas that is a focus on and the third area is to plan activities
for teens. So, they do events, like Hannah mentioned, with Ignite Meridian and that's a
really fun event, but they do a lot of other fun things as well. So, we meet next Monday
at 6:00 o'clock and would love to see any of you join us at that meeting. There is teens
from high schools across Meridian and even some teens outside of Meridian that want
to make a difference in our community and add their voice to the voices of very well
respected teens. So, are you welcome to join us. Thank you for the question, Mr.
Cavener.
B. City Council: Election of New City Council Officers and
Department Liaison Appointments
De Weerd: Okay. Our next item is under City Council. I will turn this over to our
Council President Mr. Rountree.
Rountree: Madam Mayor, it's a new year, it's time for election of officers of the Council.
Having said that, I have certainly enjoyed the past year being president and particularly
enjoyed the opportunity to work with the new Council folks and I hope help them
through some of the initial confusion there is and why things are done the way they
were done and why things are done period. But, anyway, I appreciate all of you folks
and the hard work that you do and I think the folks that haven't been involved at the
local level don't understand the amount of time and energy and issues that City Council
gets the opportunity to participate in. So, thank you for your time. So, it is time for an
election. I would ask the Mayor to call for a motion for nominations for president and
vice-president of City Council.
De Weerd: Okay. Thank you, Mr. Rountree. Council, I would accept nominations for
the position as Council President.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: We have always went and made this atwo year office, so Mr. Rountree has
another year coming. So, I would nominate Charlie.
Meridian City Council
January 6, 2015
Page 7 of 16
Milam: Second.
De Weerd: Okay. I have a motion and a second for Council President.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move the nominations cease.
De Weerd: I would ask Mr. Rountree if he -- if he's interested first.
Rountree: Certainly.
De Weerd: Okay. Okay. If there is no further nominations, I would ask for roll call on
the position of Council President going to Mr. Rountree. Madam Clerk.
Roll Call: Bird, yea; Rountree, abstain; Zaremba, yea; Borton, yea; Milam, yea;
Cavener, yea.
MOTION CARRIED: FIVE AYES. ONE ABSTAIN.
De Weerd: What, you think there is a conflict of interest or something? You can vote
for yourself.
Rountree: Just humble.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: Assuming the next position to be nominated is vice-president, I nominate
Keith Bird to continue as vice-president.
Cavener: Second.
De Weerd: I have a motion and a second to -- for nomination of Mr. Bird as Council's
vice-president. Mr. Bird, do you accept that nomination?
Bird: I certainly do.
De Weerd: Okay. Do I have any further nominations? I would close nominations, then,
and ask Madam Clerk to give roll call to Mr. Bird as vice-pres -- whatever.
Zaremba: That.
Meridian City Council
January 6, 2015
Page 8 of 16
De Weerd: That.
Roll Call: Bird, abstain; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea;
Cavener, yea.
MOTION CARRIED: FIVE AYES. ONE ABSTAIN.
De Weerd: Didn't know I had two humble men on both sides of me. Congratulations
Rountree: Thank you.
Bird: Thank you.
De Weerd: And certainly I appreciate, Mr. Rountree, your leadership over this last year
and look forward to working with you.
Rountree: Thank you, Mayor. As well as the election, it's time for appointments. Again,
I thank each of you for responding to my request for what it is you might like to do this
coming year and it was unanimous, you all kind of want to stay where you are. But that
isn't going to happen. It's an opportunity, again, for you to see other departments and
get familiar with all of the operations of the city and, hopefully, you will have enough
years as a City Council person to work your way through all the departments in the city.
You have before you a chart of -- of Council members liaison assignments and
committees and commissions. This year seat one, Councilman Zaremba, I have put
with Public Works and Legal. Seat two, Councilman Borton with Fire. Seat three,
myself, continue with the Mayor's Office. Seat four, Councilman Bird with Parks and
Finance. Seat five, Councilman Milam, with Police and Information Services and seat
six, Councilman Cavener, with Community Development and Human Resources. As far
as committees and commissions go, the only change is there needs to be an alternate
assigned for COMPASS for my position on COMPASS. Lucas -- Justin Lucas, who was
the alternate, has left, so if somebody is interested in that let me know. And Council
Woman Milam has shown a fair amount of interest in the Solid Waste Advisory
Committee, so I have assigned her as the ex -officio member there and I will continue
my interest there as well, but, hopefully, you will accept those assignments and we will
move forward and have yet another successful year and thank you all for your services.
Zaremba: Mr. President?
Rountree: Yes.
Zaremba: I appreciate the work you put in, too, and I'm -- I was happy with what I was
doing last year, but I'm thrilled with the new choices. I would add under committees and
commissions that I'm also on the board of Association of Idaho Cities.
Rountree: Okay. And that's as of this fall?
Meridian City Council
January 6, 2015
Page 9 of 16
Zaremba: It's been for a year or so.
Rountree: Okay.
Zaremba: Maybe two years.
Rountree: We will get that done. Thank you.
C: Legal Department: Presentation And Discussion of Draft
Memorandum Of Understanding Regarding Capital
Improvement Approval Procedure Between Lakeview Meridian
Investors LLC And The City Of Meridian
De Weerd: Thank you, Mr. Rountree. Okay. Item 6-C -- or 7-C is under our Legal
Department. I will turn this over to Mr. Nary.
Nary: Thank you, Madam Mayor, Members of the Council. In your packets was a
proposed draft memorandum of agreement with the golf course tenant. We have -- I
have handed out to you tonight some red lined recommendations from the tenant on
some suggested changes or edits to that draft. We can discuss that. Our intention was
is if we can reach a resolution and consent of the Council tonight, your comfort level
either with the original -- the original draft in your packet or the additions or the red lines
that are presented as well, we will, then, have a finalized memorandum in front of you
next week for approval. We have discussed with the tenant as well the part of this
memorandum that deals with the annual projects -- capital improvement projects for the
course and we'd like to bring that to -- part of the agreement is that's the desire of the
tenant, then, he would bring that in front of you. Hopefully, if we can, we could do that
next week as well. It has gone to the golf course committee, so that part of the process
has been completed. If you had any specific questions about the MOU or the red lined
suggestions from Mr. Oaas, we could certainly discuss that. I don't see Mr. Oaas here,
but I know he's been in contact with my office.
De Weerd: Do you mean the blue lined?
Nary: True. They are blue in your -- in your copies. Yes.
De Weerd: And, Council, I don't know if you got this prior to this. It will give you an
opportunity between this meeting and next meeting to bring any concerns back at that
time. Certainly I would invite you to share with -- with Legal or Mr. Rountree, who chairs
that group, if you have some concerns. It might have already been discussed during
our advisory committee meeting, so --
Rountree: Madam Mayor?
De Weerd: Yes.
Meridian City Council
January 6, 2015
Page 10 of 16
Rountree: My comments on the draft is it seems pretty comprehensive to what was
discussed. I agree, I think the additions that Mr. Oaas has added certainly help further
define what the intent is or the understanding. So, I'm in full support of the way it sits at
this point and would encourage it to be looked at favorably next week when you see a
final draft without red or blue lines. Much discussion. Good input from the golf course
focus group, of which we have at least one member in the audience tonight. Thank you,
Jim. And the Mayor and I sat through those meetings and good -- good discussion and
good dialogue amongst the members of the committee, as well as the Mr. Oaas. So,
thank you.
Bird: Okay. Any questions? Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Just real quick -- and we may go through this next week. The -- page two,
paragraph three, A through D, it looks to be a really good list of what was discussed and
trying to capture what we mean by capital improvement. The way it reads it seems
imply that these conditions may or may not be met by a project, which still could be
eligible for improvement when I think the intent is for a project to be eligible for credit A
through D have to be met and the way it reads the Council considers whether the
project includes the attributes means we might have discretion to approve rent credit for
a project which doesn't meet some or all of A through D, which I don't think is the intent.
We are trying to make sure those are met. Is that right?
Rountree: Actually, Madam Mayor, the second -- second paragraph in that section
indicates that the Council still retains discretion and the consideration of what may or
may not be considered for rent reduction.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: At least from my perspective if it's something that isn't A through D, that was
kind of what got us into some of the confusion. If it's a project that doesn't meet those, I
don't know if I want the discretion to approve it necessarily and I don't want to mislead
someone with the thought that it might be an eligible project, even if it doesn't meet A
through D.
Nary: And, Madam Mayor, Members of the Council, I mean that -- that was the
discussion point that we have had with Mr. Oaas and trying to forecast into the future
what a future Council may want as to discretion, we felt that the -- the best was to leave
the discretion in the Council's authority, give some guidance as intended by this, but the
primary consideration -- and I think the key that was part of the problem or the concern
that came up in the fall was the request is made after the project is done and here it is
Meridian City Council
January 6, 2015
Page 11 of 16
completely incumbent on the tenant to make -- to get the approval prior to doing the
project. So, whatever it is, whether it's a capital improvement project and fits A through
D or some other project that doesn't necessarily fit that, that may fit the spirit of it, but
may fit it specifically, it's still within the Council's authority, but they will know it before
they do it and that's what we felt was probably the most critical piece was that no one is
blind sided by thinking something qualifies, because it may have previously, or it may
have sounded like it was something that was allowed and it isn't. But all of it was
required to be done first and approved before it was done, so there was no
misunderstanding by any party. We certainly can change it any way you want, but that
was the thinking behind it.
Rountree: Okay. Thanks.
De Weerd: Okay. Anything further from Council? Okay. Again this will be on the
agenda next week for further discussion.
Rountree: And -- excuse me, Madam Mayor. Bill, is there going to be a project
submitted?
Nary: Madam Mayor, Members of the Council, that's what we were anticipating with
that.
Rountree: Okay.
Nary: They were going to submit the project that they were going to be requesting at
the same time.
Rountree: Okay.
Nary: So --
Rountree: We would be able to look at the memo and be able to look at a project and
see if we can figure out what to do with it.
Nary: Yes.
De Weerd: Something like that.
Rountree: Something like that.
D. Parks and Recreation Department: Meridian Road Interchange
Landscape Installation Discussion
De Weerd: Okay. Item 7-D is under our Parks and Recreation Department.
Meridian City Council
January 6, 2015
Page 12 of 16
Barton: Good evening, Madam Mayor, Members of the Council. Thought I would have
a discussion this evening about the Meridian Road interchange. One of our capital
improvement projects this year -- that we funded this year is to do the landscaping on
the interchange. Based on input from the interchange task force and staff and Council,
a design was developed that both beautifies the interchange and is fairly low
maintenance. So, we have had discussions with ITD on what's going to be the best way
to execute this project, both from an efficiency standpoint and from a cost perspective.
It's both the recommendation of staff and ITD that the project be executed via a change
order with the existing interchange contractor and so based on that -- on that thinking
we -- we got a price from the contractor to do that change order and the price we got
was 422,000 dollars, which is seven percent below our existing budget to -- to get the
project done. That will give us a little bit of contingency should there be some
fluctuation in quantities, because the bid is quantity based. So, I guess what we are
asking this evening -- we didn't want to bring back an agreement and blind side Council
with a change order agreement or an amended agreement from ITD without first having
a discussion and at least ask for your blessing on this change order process. I think
some of the -- some of the factors to consider -- if it's not done this way there is a good
chance that they are going to require that the interchange be completed and, then, if it's
publicly bid that we would have our contractor on site after it's finished, which means we
are going to have increased traffic control. Some of the work could be required to be
performed at night and, then, we would have a finished interchange and, then, lane
closures and traffic interruptions and we just don't feel that that's in the best interest of
the public in this process. So, with the change order we can -- we can have this done, it
would be done simultaneously as the interchange progresses through the phasing, the
landscape contractor will be out there doing the installation work simultaneously. So,
when it's done it's done, we kind of get the keys to it and the road's open and it's
finished. So, with that I will stand for questions.
Bird: Madam Mayor?
De Weerd: Thank you, Mike. Mr. Bird.
Bird: Mike, the drawings we have got on -- on our packet, are those the finalized
landscaping drawings?
Barton: Madam Mayor, Councilman Bird, they are.
Bird: Would that -- I think that we would be not very smart to not award the bid as they
have already given it. We don't need to let them do it while they are doing it. It's going
to save us money, time, and just work out better. If that's the final landscape drawings
approved that would be my recommendation, bring the change order forward and go to
work.
Barton: Okay.
De Weerd: Any other comments?
Meridian City Council
January 6, 2015
Page 13 of 16
Rountree: Madam Mayor, I concur in that. We don't want another contractor out in the
middle of traffic.
De Weerd: I don't think our parks staff do either.
Rountree: No.
Barton: No.
De Weerd: Okay. So, bring that back.
Barton: We will bring an agreement back.
De Weerd: Okay.
Barton: Thank you.
E. Community Development/Building Services Department:
Building Official Position Update
De Weerd: Thank you, Mike. Okay. 7-E is under our Community Development,
Building Services Department. I will turn this over to Bruce.
Freckleton: Thank you, Madam Mayor. And Happy New Year to you and the Council.
As you -- as many of you know Daunt Whitman with Whitman and Associates has
provided building official services under a contract relationship to the city since August
of 1989. Twenty-five -- a little over 25 years. The contract model has worked well for
the city for many years, but as you know through the budget development process we
have reached a point in our evolution as a city where -- excuse me -- where it is
necessary to employ a full-time, fully vested building official. I'm here this evening to
formally announce that effective December 22nd the City of Meridian has hired the first
ever employee building official and I wanted to introduce Brent Bjornson as that --
De Weerd: No pressure, Brent.
Freckleton: Yeah. No pressure.
Bjornson: Thank you.
Freckleton: So, Brent has been an employee of the City of Meridian for a little over nine
years and during that time he has obtained no less than 14 separate building
certifications through the International Code Council. This is an awesome achievement
that is only shared by a very small handful of individuals in the state of Idaho. There is
500 certified building officials in the state of Idaho and there is very few that have the 14
that Brent has. So, it's a huge -- it's taken a lot of effort on his part and I think his wife is
Meridian City Council
January 6, 2015
Page 14 of 16
here this evening and she can attest to that, the time that he's put in to getting those
certifications. So, Brent also -- I just also want to let you know how he has established
himself as a knowledgeable and very credible municipal official in the Treasure Valley.
Brent currently sits on the board of the -- the local IDABO, which is the Treasure Valley
group of building officials that get together to set policy and that sort of thing. So, it's --
it's beneficial for the city to have him members of those boards and we look forward to
to the future of the building services section for the City of Meridian and where we can
go. So, that's the -- that's basically the introduction there and the next item -- do you
want to announce the next item or do you want some introduction now or --
De Weerd: Unless anyone has any questions of -- or any comments for Brent, other
than, you know, no pressure of being the first building official ever in the history of our
city. We just welcome you in your new role, Brent. You -- you have established
yourself with a great solution -oriented reputation. I know those that I have talked to
speak very highly of how you collaborate and reach out to look at an issue that is
presented to from as many angles as you can see to make a well-informed decision.
So, we welcome you in your new roll and we wish you nothing but success.
Bjornson: Thank you, Madam Mayor, Members of the Council. And I also want to take
a moment to thank Bruce for the kind words. Bruce has been an awesome mentor and
he is truly the face of Meridian. I want to thank you all for your support and
encouragement, your trust and .confidence and even with all those certifications I can
assure you that my approach is conservative, I have established those relationships
with the builders and do collaborate, as you said, and I think that's critically important to
the success of a win-win for good business transactions and the general public and
safety for everybody. So, thank you very much, I really appreciate the kind words and
support.
F. Resolution No. : Affirming Termination of
Professional Services Agreement with Whitman & Associates
for Building Official Services by Mutual Consent of the Parties
De Weerd: Thank you. Item 7-F is Resolution 15-1042. Council, do you have any
questions regarding this item?
I RiI■Ii METiT.Tit�
De Weerd: Okay. Do I have a motion?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: I move that we approve Resolution 15-1042.
Bird: Second.
Meridian City Council
January 6, 2015
Page 15 of 16
De Weerd: I have a motion and a second to approve Resolution 15-1042. I will ask
Madam Clerk to, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 8: Ordinances
A. Ordinance No. : An Ordinance (AZ 14-011
Jump Creek Subdivision) For Annexation And Rezone Of A
Parcel of Land Located In The East 1/2 of the East 1/2 of
Section 28, Township 3 North, Range 1 West, Boise Meridian,
Ada County, Idaho; Establishing And Determining The Land
Use Zoning Classification Of Said Lands From RUT To R-8
(Medium Density Residential District) And R-15 (Medium - High
Density Residential District) In The Meridian City Code; And
Providing For A Waiver Of The Reading Rules; And Providing
An Effective Date
De, Weerd: Item 8-A is Ordinance 15-1635. Madam Clerk, will you read this by title
only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 14-1635, an
Ordinance AZ 14-011, Jump Creek Subdivision, for annexation and rezone of a parcel
of land located in the east one half of the east one half of Section 28, Township 3 North,
Range 1 West, Boise meridian, Ada County, Idaho, as described in Attachment A and
annexing certain lands and territories situated in Ada County, Idaho, and adjacent and
contiguous to the corporate limits of the City of Meridian, as requested by the City of
Meridian, establishing and determining the land use zoning classification of said lands
from RUT to R-15, Medium High Density Residential District, and R-15, Medium High
Density residential district in the Meridian City Code, providing that copies of this
ordinance shall be filed with the Ada County Assessor, the Ada County Recorder and
the Idaho State Tax Commission, as required by law, and providing for a summary of
the ordinance, and providing for a waiver of the reading rules and providing an effective
date.
De Weerd: I am required to ask if there is anyone who wants this read in its entirety
and I would preface that with it will be just as exciting as what you just heard. Well,
seeing none, Council?
Milam: Madam Mayor?
Meridian City Council
January 6, 2015
Page 16 of 16
De Weerd: Yes, Mrs. Milam.
Milam: Move that we approve Ordinance No. 15-1635 with suspension of rules.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-A. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener,
yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 9: Future Meeting Topics
De Weerd: Council, any items to consider for future agendas?
Rountree: I have none this evening.
Item 10: Executive Session per Idaho State Code 67-2345(1)(d) - (to consider
records that are exempt from disclosure as provided in Chapter 3,
Title 9, Idaho Code.)
De Weerd: Seeing none -- and I believe that there is no need for an Executive Session,
so --
Bird: I move we adjourn.
De Weerd: Mr. Bird just motioned to adjourn.
Zaremba: Second.
De Weerd: And a second. All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 6:37 P.M.
(AUDI OF THESE PROCEEDINGS)
-Li31 /5
MAYO A Y de 1VEE -..... QATE APPROVED
AT -
r9
cry�r
LMAN, CITY CLERK may`" ` „'v
"• SEAL
`a
P
����de tAGA6U S �
Meridian City Council Meeting
DATE: January 6, 2015 ITEM NUMBER: 5A
PROJECT NUMBER:
ITEM TITLE: Sanitary Sewer and Water Main Easement
with James Wylie IV for Knighthill Subdivision
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
ADA COUNTY RECORDER Christopher D. Rich 2015-001276
BOISE IDAHO Pgs=6 CHE FOWLER 0110-7120Y5-t2aYPM
BOISE CITY NO FEE
06 993 01600127600 00
00054993201500012760050066
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this -L day of ovr-�, 206- between James R. Wylie IV, the party 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 sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipelines from time to time by the GRANTEE;
NOW, THEREFORE, in consideration of the 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 over and across the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair,
replacement and subsequent connection 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 making repairs, performing maintenance, replacements or subsequent connections
to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and
adjacent property to that existent prior to undertaking such procedures. However, GRANTEE
shall not be responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed there in violation of this easement.
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
------THE GRAN I ORS hereby covenant and agree that they wrll not p ace or allow to be paced
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.
THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of
the right-of-way and easement hereby granted become part of, or lie within the boundaries of
any public street, then, to such extent, such right-of-way and easement hereby granted which
lies within such boundary thereof or which is a part thereof, shall cease and become null and
void and of no further effect and shall be completely relinquished.
THE 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.
GRA707
W
Ja es R. Wylie IvLbwner
1676 N. Clarendon Way
Eagle, ID 83616
STATE OF IDAHO )
: ss.
County of Canyon )
On this I A day of &f,'e rid -tom , 2014, before me, the undersigned, a Notary
Public in and for said State, personally appeared James R. Wylie IV , known or identified to
me to be the owner of real property described in Exhibit A that executed the within
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
00?4#k'
,1-"4 lk
NOTARY PUBLIC FOR IDAHO
Residing at: Ca on (,.,.r 11 09/V
Commission Expires: S�ef. �a3 , 20 ?a
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doc
U'R�INTEE CITY OF MER�IETN
Tammy de
Attest by r4cee L.
Approved By City Council On:
STATE OF IDAHO, )
: ss
County of Ada )
� F{RD AUpUS
C w
S
„ „Cdy of
SEAL
On this (0 day of JaY, Uo� 4 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 year first above written.
see
(SEAL�*�tiG ARp rF••p
�•.Sl'flf,r t�F
Residing at: "'-
Commission Expires:
2oac�
Sanitary Sewer and Water Main Easement EASMT S&W I1-15-13.doe
Qsoi / Professional Engineers, Land Surveyors and Planners
826 3rtl Street South, Nampa, ID 83651
�• I nc. Ph (208) 454-0256 Fax (208) 454-097-097 9
e-mail: dholzhey@mseng.us
FOR: Renny Wylie
JOB NO.: JN0113 EXHIBIT A
DATE: December 18, 2014
SANITARY SEWER AND
WATER MAIN EASEMENT
An easement being a portion of the NEI/4, NEI/4 of Section 26, Township 4 North, Range I West,
Boise Meridian, Ada County Idaho, more particularly described as follows: access
Commencing at the northeast corner of Section 26;
Thence N 89° 38'45" W a distance of 731.50 feet along the north boundary of the NEI/4 NEt/4 to a
point;
Thence S 00° 21' 15" W a distance of 70.00 feet to a point on the southerly right of way of U.S.
Highway 20/26;
Thence S 00° 21' 15" W a distance of 223.99 feet to the POINT OF BEGINNING of said easement;
Thence N 90° 00'00" E a distance of 397.89 feet to a point;
Thence S 00° 00'00" W a distance of 12.00 feet to a point;
Thence N 90° 00'00" E a distance of 94.48 feet to a point;
Thence S 00° 00'00" W a distance of 20.00 feet to a point;
Thence N 90° 00'00" W a distance of 94.35 feet to a point;
Thence S 00° 00'00" W a distance of 219.38 feet to a point;
Thence N 90° 00'00" E a distance of 16.43 feet to a point;
Thence S 00° 55' 12" W a distance of 26.00 feet to a point;
Thence S 44° 32'24" E a distance of 28.06 feet to a point;
MA50N &5TANnF_LD, INC
ENG/NEER5, 5URPEYORS&PLANNERS
Page 1 of 2
Thence N 90° 00'00" E a distance of 22.22 feet to a point;
Thence S 00° 55' 12" W a distance of 12.86 feet to a point;
Thence S 89° 04'48" E a distance of 218.46 feet to a point;
Thence S 02° 17'56" E a distance of 40.06 feet to a point;
Thence N 89° 04'48" W a distance of 251.01 feet to a point;
Thence S 53° 5742" W a distance of 33.26 feet to a point;
Thence N 89° 04'48" W a distance of 36.88 feet to a point;
Thence N 00° 00'00" E a distance of 117.34 feet to a point;
Thence N 90° 00'00" E a distance of 17.00 feet to a point;
Thence N 00° 00'00" E a distance of 219.38 feet to a point;
Thence N 90° 00'00" W a distance of 343.05 feet to a point;
Thence S 00° 00'00" W a distance of 115.52 feet to a point;
Thence N 90° 00'00" W a distance of 35.88 feet to a point;
Thence N 00° 21' 15" E a distance of 147.53 feet to the POINT OF BEGINNING of said easement.
SUBJECT TO: All existing rights of way and easements of record or implied appearing on the above-
described easement.
MA50N s 5TANFitrLD, INC.
ENG/NEER5, 5URVEYORSsPLANNER5
Page 2 or 2
wH I=" at S=VV=" EASEMENT EXHIBIT
A PART OF THE NE 1/4 NE 114, SECTION 25, T. 4 N., R. 1 W., B.M.,
CITY OF MERIDIAN, ADA COUNTY, IDAHO
9ma
EXHIBIT B
--- ----------------
ak
Is
i�wT
pw a.
LEGEND
C
cdcumW PO t
^le
r ne wmmm [ap mmumxl
®
AI 5/5 IoM Aa. • JO MN Nen pNxmv
wp rt5
�.d
O
5 NN . &.
Non PM
I.SO
oi A,
•
SO 1 M
MO .
y N Ntl. Irm pM
Is
i�wT
pw a.
LEGEND
C
cdcumW PO t
®
r ne wmmm [ap mmumxl
®
AI 5/5 IoM Aa. • JO MN Nen pNxmv
wp rt5
�.d
O
5 NN . &.
Non PM
I.SO
•
SO 1 M
MO .
y N Ntl. Irm pM
wf a
/plwlly [aP MS &156
�
elw rrvm5.•
Povnexy lm.
L[I IN.
O
—
S lmn Nn.
k_------------
E.,.w.nl IM.
1/, oR 4t
xYILWL
mr.sa
p5 ,xw.ln
WATER 6 SEWER EASEMENT EXMBIT I
Prolasslonel En0lnesre,
ason �, Lend Surveyore
&xM
& Planners
tanfieid Ing. L%3%MFax(M) I M29
fmdf d5002$ FflY(20Bf 454SgN
dos No. JNO7 13
DM No. WATER SEWER
JH
NTS I REV. Q
R�
b
I
— xw• -
O+
1/, oR 4t
xYILWL
mr.sa
p5 ,xw.ln
WATER 6 SEWER EASEMENT EXMBIT I
Prolasslonel En0lnesre,
ason �, Lend Surveyore
&xM
& Planners
tanfieid Ing. L%3%MFax(M) I M29
fmdf d5002$ FflY(20Bf 454SgN
dos No. JNO7 13
DM No. WATER SEWER
JH
NTS I REV. Q
Meridian City Council Meeting
DATE: January 6, 2015 ITEM NUMBER: 5B
PROJECT NUMBER:
ITEM TITLE: Victory Middle School Sewer & Water Easement
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
ADA COUNTY RECORDER Christopher D. Rich 2015-001277
BOISE IDAHO Pgs=10 CHE FOWLER 01/07/201512:11 PM
BOISE CITY NO FEE
1111111 llll it l�ll'IIIIIIIIIIIIII VI IIIIIII"II III �
00054994201500012770100101
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this (0 day of 60,n, 20 IS between Joint School District No. 2, 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 sanitary sewer and water main right-of-
way across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipelines from time to time by the GRANTEE;
NOW, THEREFORE, in consideration of the 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 over and across the following
described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair,
replacement and subsequent connection 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 making repairs, performing maintenance, replacements or subsequent connections
to the sanitary sewer and water mains, GRANTEE shall restore the area of the easement and
adjacent property to that existent prior to undertaking such procedures. However, GRANTEE
shall not be responsible for repairing, replacing or restoring anything placed within the area
described in this easement that was placed there in violation of this easement.
Sanitary Sewer and Water Main Easement EASMTS&W II-15-13.doc
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 area
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 become part of, or lie within the boundaries of
any public street, then, to such extent, such right-of-way and easement hereby granted which
lies within such boundary thereof or which is a part thereof, shall cease and become null and
void and of no further effect and shall be completely relinquished.
THE 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.
GRANTO
By'nda Clark
Its: Superintendent
1303 E. Central
Meridian, Idaho 83642
Address
STATE OF IDAHO )
: ss.
County of Ada )
On this 174 day of beCetulMr , 20 14 , before me, the undersigned, a Notary
Public in and for said State, personally appeared Dr. Linda Clark
known or identified to me to be the Superintendent for Joint School District No. 2, who
executed this instrument on behalf of said school district, and acknowledged to me that such
school district executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
elk A. b.. *.-
qr tjOTARjt.YA
9TE
OF IV
Atu-u. a • 6u-�
NOTARY PUBLIC FOR IDAHO
Residingat: ��futr ,1V
Commission Expires: 3•,R7• /S
EASMTS&W 11-15-13.doc
GRANTEE: CITY OF MERIDIAN
Approved By City Council On:
STATE OF IDAHO, )
: ss
County of Ada )
On this day of , 20 S , 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 year first above written.
• .01GA JOS,•.
TART, ; NOTAR PUBLIC FO—R-fDAO
• 1 Residing at: (21nA La -ft-)
l Commission Expires:y aCD Q, �
1'C1BLtip ; c.
4
Sanitary Sewer and Water Main Easement EASMT S&W 11-15-13.doe
Legal Description
Victory Middle School - Sewer and Water Easement - Exhibit A
An easement located in the E Y: of the W '/ of Section 24, Township 3 North, Range 1 West,
Boise Meridian, Ada County, Idaho, more particularly described as follows:
Commencing at a Brass Cap monument marking the southeast corner of the of the NW '% of said
Section 24 from which a Brass Cap monument marking northeast corner of said NW'/e bears N
0051'28" E a distance of 2634.99 feet;
Thence N 0°51'28" E along the easterly boundary of said NW '/a a distance of 460.25 feet to a
point;
Thence leaving said easterly boundary N 89017'19" W a distance of 25.00 feet to a point on the
westerly right-of-way of S. Stoddard Road and the POINT OF BEGINNING;
Thence S 0°51'28" W along said westerly right-of-way a distance of 20.00 feet to a point;
Thence leaving said westerly right-of-way N 89°08'32" W a distance of 156.79 feet to a point;
Thence S 0°51'28" W a distance of 7.50 feet to a point;
Thence N 89°08'32" W a distance of 20.00 feet to a point;
Thence N 0°51'28" E a distance of 7.50 feet to a point;
Thence N 89°08'32" W a distance of 308.71 feet to a point;
Thence S 0°51'28" W a distance of 7.50 feet to a point;
Thence N 89°08'32" W a distance of 26.33 feet to a point;
Thence S 0°51'28" W a distance of 329.83 feet to a point;
Thence S 89008'32" E a distance of 120.75 feet to a point;
Thence S 44008'32" E a distance of 73.10 feet to a point;
Thence S 12°32'41" W a distance of 43.40 feet to a point;
Thence S 77027'19" E a distance of 26.34 feet to a point;
Thence S 12046'44" W a distance of 28.27 feet to a point;
Thence S 89008'32" E a distance of 95.57 feet to a point;
Thence S 0051'28" W a distance of 10.00 feet to a point;
Thence S 89008'32" E a distance of 46.86 feet to a point;
Thence N 45°51'44" E a distance of 20.00 feet to a point;
Lsil�r)" 40juthotis Victory Middle School
survryl"v:"a C.nW , Job No, 13-88
Page 1 of 3
Thence N 0052'00" E a distance of 33.25 feet to a point;
Thence S 89008'00" E a distance of 20.00 feet to a point;
Thence S 0052'00" W a distance of 41.54 feet to a point;
Thence S 45051'44" W a distance of 36.57 feet to a point;
Thence N 89°08'32" W a distance of 183.70 feet to a point;
Thence S 12032'41" W a distance of 101.85 feet to a point;
Thence a distance of 20.00 feet along the arc of a 970.00 foot radius non -tangent curve right, said
curve having a central angle of 1°10'53" and a long chord bearing N 78007'46" W a distance of
20.00 feet to a point;
Thence N 12032'41" E a distance of 110.24 feet to a point;
Thence N 72°18'04" W a distance of 133.68 feet to a point;
Thence S 56°06'59" W a distance of 120.01 feet to a point;
Thence S 37°30'43" W a distance of 11.26 feet to a point;
Thence a distance of 20.40 feet along the arc of a 970.00 foot radius non -tangent curve right, said
curve having a central angle of 1°12'17" and a long chord bearing N 63°47'33" W a distance of
20.40 feet to a point;
Thence N 37°30'43" E a distance of 18.53 feet to a point;
Thence N 56°06'59" E a distance of 132.95 feet to a point;
Thence S 72°18'04" E a distance of 141.54 feet to a point;
Thence N 12°32'41" E a distance of 68.71 feet to a point;
Thence N 44°08'32" W a distance of 54.03 feet to a point;
Thence N 89008'32" W a distance of 132.47 feet to a point;
Thence N 0°51'28" E a distance of 49.87 feet to a point;
Thence N 89°08'32" W a distance of 30.77 feet to a point;
Thence N 0°51'28" E a distance of 20.00 feet to a point;
Thence S 89°08'32" E a distance of 30.77 feet to a point;
Thence N 0°51'28" E a distance of 307.46 feet to a point;
Thence S 89°08'32" E a distance of 29.33 feet to a point;
d!ljutd97 s Victory Middle School
(,_�Lantl Survaying an0 C"ruulling Jab No. 13-88
Page 2 of 3
Thence N 0051'28" E a distance of 13.50 feet to a point;
Thence S 89°08'32" E a distance of 10.00 feet to a point;
Thence S 0051'28" W a distance of 13.50 feet to a point;
Thence S 89°08'32" E a distance of 492.50 feet to the POINT OF BEGINNING.
This parcel contains 39,066 square feet (0.90 acres) and is subject to any other easements
existing or in use.
Clint Hansen, PLS
Solutions,Land
De ember8, 201 N
4 55��P STE a
11118
OF
�TONW.HPa
401t140!MS Victory Middle School
Job No. 13-88
��-"Una sun ymy:tea ca"Hmnny Page 3 of 3
VICTORY MIDDLE SCHOOL
CF1X/FR Armn %X/ATFR FACGAAPI IT_ r:u1--JIM1T Q
,LLA i
Lin ®I�i®o1'�s
Land Surveying and Consulting
231 E. STH ST., STE. A
MERIDIAN, ID 93642
12091298-2040 170912911-2557 fa
�Iandsolutions.W
0
O
O
2�
h
�oi
A
m
1/4
W. KOD/AK DR. y
m
N
W ;/I20. S73
.SB97o 12 £ 7/4 S24
W. VICTORY ROAD
SEE SHEET 2 FOR LINE AND CURVE TABLES
SHEET I OF 2
VICTORY MIDDLE SCHOOL
SEWER AND WATER EASEMENT - EXHIBIT B
LINE TABLE
LINE TABLE
LINE #
LENGTH
DIREC77ON
LINE #
LENGTH
DIREC77ON
L1
25.00'
N897729"W
L24
183.70'
N89V8'J20W
L2
20.00'
505128"W
L25
101.85
S12'32'41 "W
L3
156.79'
N8908'32"W
126
110.24'
Nf2:52'41E
L4
7.50'
5051287W
L27
133.68'
N727804"W
L5
20.00'
N890832"W
L28
120.01'
5560659"W
L6
7.50'
NO 5128E
L29
11.26'
S3730 43"W
L7
308.71'
N890832"W
130
18.53'
N373043"E
L8
7.50'
505128"W
L31
132.95'
N56V859 E
L9
26.33'
N890832"W
L32
141.54'
S7278-04-.-
727804EL10
L10
329.83'
505128"W
L.i3
68.71'
N12='417-
1232'41ELf1
L11
120.75'
58908'32 E
L,74
54.03'
N44'0832'W
L12
73.10'
5440832E
L35
132.47'
N890832"W
L13
4340'
51232410W
L36
49.87'
N05128E
L14
26.34'
S7727'190E
L37
30.77'
N8908'32"W
L15
28.27'
5124644"W
L38
20.00'
N05128E
L16
95.57'
S89 108'32 E
L39
30.77'
5890832 E
L17
10.00'
505128"W
L40
307.46'
NO512B E
L18
46.86'
5890832E
L41
29.33'
S890832 E
L19
20.00' 1
V45 -51-44 -E
L42
1350'
N05128 E
L20
33.25'
N0521000E
L43
10.00'
S890832E
L21
20.00'
S890800E
L44
13.50'
S05128'W
L22
41.54'
505200"W
L45
492.50'
S8908'32E
L23
36.57'
54551,WW
CURIE TABLE
CURIE #
LENGTH
RADIUS
DELTA
I BEARING
CHORD
Cl
20.00'
970.00'
17053'
1 N780746'W
20.00'
C2
20.40'
970.00' 1
172'17"
1 N634733"W
20.40'
LandSurveying and Consulting
231 E. 5TH Sr, SIE. A
MERIDIAN, ID 83642
(2081288-2040 X20012811-2557 fax
wV. Iandsolu0ons.blz
SHEET 2 OF 2
Data and Deed Call Listing of File: Legal Description - Sewer Water Ease.des
Tract 1: 0.897 Acres: 39066 Sq Feet: Closure = n61.4924e 0.01 Feet: Precision =1/303749: Perimeter = 3727 Feet
001=50.5128w 20.00
002=n89.0832w 156.79
003=s0.5128w 7.50
004=n89.0832w 20.00
005=n0.5128e 7.50
006=n89.0832w 308.71
007=50.5128w 7.50
008=n89.0832w 26.33
009=s0.5128w 329.83
010=s89.0832e 120.75
011=s44.0832e 73.10
012=02.3241w43.40
43.40
013=577.2719e 26.34
014=512.4644w 28.27
015=589.0832e 95.57
016=s0.5128w 10.00
017=s89.0832e 46.86
018=n45.5144e 20.00
019=n0.5200e 33.25
020=589.0800e 20.00
021=s0.5200w 41.54
022=s45.5144w 36.57
023=n89.0832w 183.70
024=sl2.3241w 101.85
025: R1 R=97000 MIM -1.1053
nn,,78.0746w, the -20.00
026=n12.3241e 110.24
027=n72.1804w 133.68
028=556.0659w 120.01
029=537.3043w 11.26
030: RI, R J70.W, DAI,I.1217
nn.` 634733w, Chd4R40
031=n37.3043e 18.53
032=n56.0659e 132.95
033=572.1804e 141.54
034=nl2.324 I c 68.71
035=n44.0832w 54.03
036=n89.0832w 132.47
037=n0.5128e 49.87
038=n89.0832w 30.77
039=n0.5128e 20.00
040=s89.0832e 30.77
041=n0.5128e 307.46
042=589.0832e 29.33
043=n0.5128e 13.50
044=s89.0832e 10.00
045=s0.5128w 13.50
046=s89.0832e492.50
rral
LCA Architects
TRANSMITTAL
Company:
F a6i (V1MQ
Date �Z ZZ
Attn:�µ�
Address:
�� n�
Project#. I'1��1�,� — File Code:
rG1O�i
Re
From:
-------
Transmitted are the following:
Copies Dated No. Description
Sent By:
❑Mail
❑Fax
Transmitted as Checked Below:
❑For Your Use
fA Requested
❑Other:
Comments:
-land Carry
❑Electronic Transfer
❑Far Review and Comment
❑Note Markings
❑For review, signature and return
[]Fed Ex
❑To Be Picked Up
❑No Exceptions Noted
❑Returned for Corrections
P► wn._E Go ?4 8� � 's9l-L �
Transmittal.doc
LCA Archileds 1221 Shoreline Ln. Boise, ID 83702 ph: 208.345.6677 6c: 208.344.9002
Meridian City Council Meeting
DATE: January 6, 2015 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Dog Licensing Designee Agreements Between
the City of Meridian and the Sunnyside Animal Hospital, The Pet Doctor, Settlers Park
Veterinary Hospital, Pet Care Clinic, Idaho Humane Society, Treasure Valley Veterinary
Hospital, Linder Pet Medical Care, Meridian Veterinary Hospital and Intermountain Pet
Hospital
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
Cq/(E IDIAt4t-
DOG
7D
LICENSING DESIGNEE AGREEMENT
This DOG LICENSING DESIGNEE AGREEMENT is made this 31 day of
NtE , 201, by and between the City of Meridian, a municipal corporation organized under
the laws of the State of Idaho, hereinafter referred to as "C, lW." 33 East Broadway Avenue,
Meridian, Idaho 83642, and Zw rlxouw{� t l PoF- Hospi k' . hereinafter referred to
as "LICENSING DESIGNEE," whose
A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and
obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING
DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement,
both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of
Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H).
rd
831rt(L
B. Time of Performance: This agreement shall be effective from January 1, 2015 to December
31, 2015.
C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE
to issue dog licenses on behalf of CITY in accordance with all applicable provisions of
Meridian City Code.
D. Responsibilities of LICENSING DESIGNEE:
1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after
verification of compliance with all provisions of Meridian City Code section 6-2-3,
including, but not limited to:
a. Verification that any dog to be licensed has a valid rabies vaccination in accordance
with Meridian City Code section 6-2-3(D).
b. Verification that the owner of any dog to be licensed is eligible for the license fee
sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog
owner/user is visually or hearing impaired or disabled; whether dog owner is training
such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license
tag will indeed replace validly issued, lost tag.
c. Collection of appropriate license fee.
DOG LICENSING DESIGNEE AGREEMENT 2 PAGE 1 OF 6
2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all
dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled,.
"MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE:
[MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered
unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record
including: the serial numbers of the dog license tags provided by CITY for issuance by
LICENSING DESIGNEE and shall also contain the following information as to each dog
license issued by LICENSING DESIGNEE:
a. date of issuance;
b. dog license tag serial number;
c. amount of license fee collected;
d. amount of administrative fee collected;
e. name, address, and telephone number of dog owner;
f. description of dog to be licensed;
g. verification of documentation demonstrating dog owner's compliance with all
provisions of Meridian City Code section 6-2-3; and
h. verification of eligibility of dog owner to pay license fee sought to be paid.
3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and
keep an administrative fee of ten percent (10%) of the amount of each dog license fee
collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license
fees collected and administrative fees retained and shall report same to CITY in its annual
report.
4. Monthly submission to City Clerk: At the end of each month during the term of this
Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf, and
b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in
full
Such fees and log shall be submitted to the Meridian City Clerk no later than the
fifteenth (15th) day of the month following the month for which the fees were
collected and the monthly log completed.
DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 2 OF 6
5. Annual submission to City Clerk: No later than January 15, 2015, LICENSING
DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by
LICENSING DESIGNEE; and
b. An annual report, by completing in full the form provided herewith entitled,
"ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE."
6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or
annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as
set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies
LICENSING DESIGNEE of a discrepancy in fees collected and data reported by
LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING
DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING
DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the
number and type of dog licenses issued and the number of unissued dog license tags
returned to CITY shall not be excused for any reason, regardless of LICENSING
DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees,
tags, and/or data.
E. Responsibilities of CITY:
1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE
Quantity
dog license tags with the following serial numbers:
which dog license tags are to be issued by LICENSING DESIGNEE only upon
LICENSING DESIGNEE's verification of compliance with all provisions of Meridian
City Code section 6-2-3.
2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the
Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on
behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the
Meridian City Clerk shall conduct an accounting to determine that the fees remitted
correspond to the number and type of dog license tags issued by the designee according to
the designee's log. In the event of a discrepancy between the log, fees remitted, and/or
unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy.
3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City
Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly
DOG LICENSING DESIGNEE AGREEMENT • PAGE 3 OF 6
logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING
DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to
determine that the fees remitted correspond to the number and type of dog license tags
issued by the designee according to the designee's logs. In the event of a discrepancy
between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify
LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY
funds in the amount of the discrepancy.
F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue
vicious dog licenses on behalf of CITY. -
G. Independent Contractor: In all matters pertaining to this agreement, LICENSING
DESIGNEE shall be acting as an independent contractor, and neither LICENSING
DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed
an employee of CITY. The selection and designation of the personnel of CITY in the
performance of this agreement shall be made by CITY.
H. Notices: Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed to CITY as
follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to
LICENSING DESIGNEE as follows:
Licensing Designee Name and Address
Either party may change its address for the purpose of this paragraph by giving written notice
of such change to the other in the manner herein provided.
I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING
DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any
of its rights or responsibilities under this Agreement except upon the prior express written
consent of CITY.
K. Discrimination Prohibited: hi performing the Services set forth herein, LICENSING
DESIGNEE shall not discriminate against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
DOG LICENSING DESIGNEE AGREEMENT a PAGE 4 OF 6
L. Reports and Information: At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and information as the
CITY may request pertaining to matters covered by this Agreement.
M. Audits and Inspections: At any time during business hours and as often as the CITY may
deem necessary, there shall be made available to the CITY for examination all of
LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement.
N. Compliance with Laws: In performing the scope of services required hereunder,
LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing.
The party to whom the change is proposed shall have thirty (3 0) days to accept or reject the
proposed change. Changes which are mutually agreed upon by and between the CITY and
LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment
signed by both parties.
P. Termination:
1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees,
or agents fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this Agreement,
falsifies any record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if
the Meridian City Council determines that termination of this Agreement is in the best
interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by
giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice.
LICENSING DESIGNEE may terminate this agreement at any time by giving at least
fifteen (15) calendar days written notice to CITY.
2. Remittance to CITY: hi the event of any termination of this Agreement, all finished or
documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian
City Code and/or under this Agreement, completed or incomplete, shall, at the option of
the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all
licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued
dog license tags. Upon such remittance following termination, the Meridian City Clerk
shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement,
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement by
LICENSING DESIGNEE. This provision shall survive the termination of this agreement
and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages.
DOG LICENs WG DESIGNEE AGREEMENT m PAGE 5 OF 6
Q. 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.
R. Entire agreement: This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
S. 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.
T. Approval required: This Agreement shall not become effective or binding until approved
by CITY.
LICENSING DESIGNEE: ! ,
Signature
BY:
Print Name
CITY OF MERIDIAN:
DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 6 OF 6
(.- >WEFIDIAN*--
iDAHO
DOG LICENSING DESIGNEE AGREEMENT
This DOG LICENSING DESIGNEE AGREEMENT is made this -6V day of
u2, 201 qby and between the City of Meridian, a municipal corporation organized under
the laws of the State of Idaho, hereinafter referred to as "CITY," 33 East Broadway Avenue,
Meridian, Idaho 83642, andi�A�a �c� �:a > o ,. n �,i \ a , hereinafter referred to
as "LICENSING DESIGNEE," whose business address is
A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and
obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING
DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement,
both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of
Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H).
B. Time of Performance: This agreement shall be effective from January 1, 2015 to December
31, 2015.
C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE
to issue dog licenses on behalf of CITY in accordance with all applicable provisions of
Meridian City Code.
D. Responsibilities of LICENSING DESIGNEE:
1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after
verification of compliance with all provisions of Meridian City Code section 6-2-3,
including, but not limited to:
a. Verification that any dog to be licensed has a valid rabies vaccination in accordance
with Meridian City Code section 6-2-3(D).
b. Verification that the owner of any dog to be licensed is eligible for the license fee
sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog
owner/user is visually or hearing impaired or disabled; whether dog owner is training
such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license
tag will indeed replace validly issued, lost tag.
c. Collection of appropriate license fee.
DOG LICENSINGDESIGNEE AGREEMENT 0 PAGE t OF 6
2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all
dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled,
"MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE:
[MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered
unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record
including: the serial numbers of the dog license tags provided by CITY for issuance by
LICENSING DESIGNEE and shall also contain the following information as to each dog
license issued by LICENSING DESIGNEE:
a. date of issuance;
b. dog license tag serial number;
c. amount of license fee collected;
d. amount of administrative fee collected;
c. name, address, and telephone number of dog owner;
L description of dog to be licensed;
g. verification of documentation demonstrating dog owner's compliance with all
provisions of Meridian City Code section 6-2-3; and
It. verification of eligibility of dog owner to pay license fee sought to be paid.
3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and
keep an administrative fee of ten percent (10%) of the amount of each dog license fee
collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license
fees collected and administrative fees retained and shall report same to CITY in its annual
report.
4. Monthly submission to City Clerk: At the end of each month during the term of this
Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and
b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in
full.
Such fees and log shall be submitted to the Meridian City Clerk no later than the
fifteenth (15th) day of the month following the month for which the fees were
collected and the monthly log completed.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 2 OF 6
5. Annual submission to City Clerk: No later than January 15, 2015, LICENSING
DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by
LICENSING DESIGNEE; and
b. An annual report, by completing in full the form provided herewith entitled,
"ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE."
6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or
annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as
set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies
LICENSING DESIGNEE of a discrepancy in fees collected and data reported by
LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING
DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING
DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the
number and type of dog licenses issued and the number of unissued dog license tags
returned to CITY shall not be excused for any reason, regardless of LICENSING
DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees,
tags, and/or data.
E. Responsibilities of CITY:
1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE
Quantity
dog license tags with the following serial numbers:
which dog license tags are to be issued by LICENSING DESIGNEE only upon
LICENSING DESIGNEE's verification of compliance with all provisions of Meridian
City Code section 6-2-3.
2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the
Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on
behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the
Meridian City Clerk shall conduct an accounting to determine that the fees remitted
correspond to the number and type of dog license tags issued by the designee according to
the designee's log. In the event of a discrepancy between the log, fees remitted, and/or
unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy.
3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City
Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly
DOG LICENSING DESIGNEE AGREEMENT N PAGE 3 OF 6
logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING
DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to
determine that the fees remitted correspond to the number and type of dog license tags
issued by the designee according to the designee's logs. In the event of a discrepancy
between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify.
LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY
funds in the amount of the discrepancy.
F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue
vicious dog licenses on behalf of CITY.
G. Independent Contractor: In all matters pertaining to this agreement, LICENSING
DESIGNEE shall be acting as an independent contractor, and neither LICENSING
DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed
an employee of CITY. The selection and designation of the personnel of CITY in the
performance of this agreement shall be made by CITY.
H. Notices: Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed to CITY as
follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to
LICENSING DESIGNEE as follows:
Licensing Designee Name and Address
Either party may change its address for the purpose of this paragraph by giving written notice
of such change to the other in the manner herein provided.
I. Attorney. Fees: Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING
DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any
of its rights or responsibilities under this Agreement except upon the prior express written
consent of CITY.
K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING
DESIGNEE shall not discriminate against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 4 OF 6
L. Reports and Information: At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and information as the
CITY may request pertaining to matters covered by this Agreement.
M. Audits and Inspections: At any time during business hours and as often as the CITY may
deem necessary, there shall be made available to the CITY for examination all of
LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement.
N. Compliance with Laws: In performing the scope of services required hereunder,
LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing.
The party to whom the change is proposed shall have thirty (30) days to accept or reject the
proposed change. Changes which are mutually agreed upon by and between the CITY and
LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment
signed by both parties.
P. Termination:
1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees,
or agents fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this Agreement,
falsifies any record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if
the Meridian City Council determines that termination of this Agreement is in the best
interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by
giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice.
LICENSING DESIGNEE may terminate this agreement at any time by giving at least
fifteen (15), calendar days written notice to CITY.
2. Remittance to CITY: In the event of any termination of this Agreement, all finished or
documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian
City Code and/or under this Agreement, completed or incomplete, shall, at the option of
the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all
licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued
dog license tags. Upon such remittance following termination, the Meridian City Clerk
shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement,
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement by
LICENSING DESIGNEE. This provision shall survive the termination of this agreement
and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 5 OF 6
Q. 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.
R. Entire agreement: This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
S. 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.
T. Approval required: This Agreement shall not become effective or binding until approved
by CITY.
LICENSING DESIGNEE:
BY:
Print Name J
CITY OF
•W9
. agL
Attest: �Sp� ApC.L p
q
`J^ ow
wCity of
5 Jl'AL
�f
f� ,P
3f� SPE
DOG LICENSING DESIGNEE AGREEMENT • PAGE 6 OF 6
CVERI'
jA�4%-
DOG LICENSING DESIGNEE AGREEMENT
This DOG LICENSING DESIGNEE AGREEMENT is made this —6— day of
�, 20d, by and between the City of Meridian, a municipal corporation organized under
the laws of the State of Idaho, hereinafter referred to as "CITY,,"33 East Broadway Avenue,
Meridian, Idaho 83642, and PC-� 1'" krj "Ca ( Ca-�-,C , hereinafter referred to
as "LICENSING DESIGNEE," whose business address is 17j8'S t-;. JA_
A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and
obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING
DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement,
both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of
Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H).
B. Time of Performance: This agreement shall be effective from January 1, 2015 to December
31, 2015.
C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE
to issue dog licenses on behalf of CITY in accordance with all applicable provisions of
Meridian City Code.
D. Responsibilities of LICENSING DESIGNEE:
1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after
verification of compliance with all provisions of Meridian City Code section 6-2-3,
including, but not limited to:
a. Verification that any dog to be licensed has a valid rabies vaccination in accordance
with Meridian City Code section 6-2-3(D).
b. Verification that the owner of any dog to be licensed is eligible for the license fee
sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog
owner/user is visually or hearing impaired or disabled; whether dog owner is training
such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license
tag will indeed replace validly issued, lost tag.
c. Collection of appropriate license fee.
DOG LICENSING DESIGNEE AGREEMENT 0 PAGE I OF 6
2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all
dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled,
"MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE:
[MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered
unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record
including: the serial numbers of the dog license tags provided by CITY for issuance by
LICENSING DESIGNEE and shall also contain the following information as to each dog
license issued by LICENSING DESIGNEE:
a. date of issuance;
b. dog license tag serial number;
c. amount of license fee collected;
d. amount of administrative fee collected;
e. name, address, and telephone number of dog owner;
f. description of dog to be licensed;
g. verification of documentation demonstrating dog owner's compliance with all
provisions of Meridian City Code section 6-2-3; and
It. verification of eligibility of dog owner to pay license fee sought to be paid.
3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and
keep an administrative fee of ten percent (10%) of the amount of each dog license fee
collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license
fees collected and administrative fees retained and shall report same to CITY in its annual
report.
4. Monthly submission to City Clerk: At the end of each month during the term of this
Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and
b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in
full.
Such fees and log shall be submitted to the Meridian City Clerk no later than the
fifteenth (15th) day of the month following the month for which the fees were
collected and the monthly log completed.
DOG LICENSING DESIGNEE AGREEMENT m PAGE 2 OF 6
5. Annual submission to City Clerk: No later than January 15, 2015, LICENSING
DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by
LICENSING DESIGNEE; and
b. An annual report, by completing in full the form provided herewith entitled,
"ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE."
6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or
annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as
set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies
LICENSING DESIGNEE of a discrepancy in fees collected and data reported by
LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING
DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING
DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the
number and type of dog licenses issued and the number of unissued dog license tags
returned to CITY shall not be excused for any reason, regardless of LICENSING
DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees,
tags, and/or data.
E. Responsibilities of CITY:
1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE Quest ty
dog license tags with the following serial numbers:
which dog license tags are to be issued by LICENSING DESIGNEE only upon
LICENSING DESIGNEE's verification of compliance with all provisions of Meridian
City Code section 6-2-3.
2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the
Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on
behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the
Meridian City Clerk shall conduct an accounting to determine that the fees remitted
correspond to the number and type of dog license tags issued by the designee according to
the designee's log. In the event of a discrepancy between the log, fees remitted, and/or
unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy.
3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City
Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly
DOG UcENswo DESIGNEE AGREEMENT • PAGE 3 OF 6
logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING
DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to
determine that the fees remitted correspond to the number and type of dog license tags
issued by the designee according to the designee's logs. In the event of a discrepancy
between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify
LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY
funds in the amount of the discrepancy.
F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue
vicious dog licenses on behalf of CITY.
G. Independent Contractor: In all matters pertaining to this agreement, LICENSING
DESIGNEE shall be acting as an independent contractor, and neither LICENSING
DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed
an employee of CITY. The selection and designation of the personnel of CITY in the
performance of this agreement shall be made by CITY.
H. Notices: Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed to CITY as
follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to
LICENSING DESIGNEE
�� as follows:
L��dcr -Pe w- �.Yal C« I7 -SS 1J.
r....._..._..11..�......... TI.....e .._A AArlwno
Either party may change its address for the purpose of this paragraph by giving written notice
of such change to the other in the manner herein provided.
I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING
DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any
of its rights or responsibilities under this Agreement except upon the prior express written
consent of CITY.
K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING
DESIGNEE shall not discriminate against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 4 OF 6
L. Reports and Information: At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and information as the
CITY may request pertaining to matters covered by this Agreement.
M. Audits and Inspections: At any time during business hours and as often as the CITY may
deem necessary, there shall be made available to the CITY for examination all of
LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement.
N. Compliance with Laws: In performing the scope of services required hereunder,
LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing.
The party to whom the change is proposed shall have thirty (30) days to accept or reject the
proposed change. Changes which are mutually agreed upon by and between the CITY and
LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment
signed by both parties.
P. Termination:
1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees,
or agents fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this Agreement,
falsifies any record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if
the Meridian City Council determines that termination of this Agreement is in the best
interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by
giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice.
LICENSING DESIGNEE may terminate this agreement at any time by giving at least
fifteen (15) calendar days written notice to CITY.
2. Remittance to CITY: In the event of any termination of this Agreement, all finished or
documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian
City Code and/or under this Agreement, completed or incomplete, shall, at the option of
the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all
licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued
dog license tags. Upon such remittance following termination, the Meridian City Clerk
shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement,
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement by
LICENSING DESIGNEE. This provision shall survive the termination of this agreement
and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 5 OF 6
Q. 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.
R. Entire agreement: This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
S. 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.
T. Approval required: This Agreement shall not become effective or binding until approved
by CITY.
LICENSING DESIGNEE:
��-
�? �-
signumm
BY: bCf t� O� O�tG
Print Name
CITY OF MERIDIAN:
:•
TAMMY�e VO-ERD MAYOR
t LM
s
ti O,
ionuo
SEAT.
�4r x
FR 0.TV
`�pr�he Tllf SSV
DOG LICENSING DESIGNEE AGREEMENT n PAGE 6 OF 6
(:jWE IDIAN*--
IDAHO
DOG LICENSING DESIGNEE AGREEMENT
I
This DOG LICENSING DESIGNEE AGREEMENT is made this day of
201�( by and between the City of Meridian, a municipal corporation organized under
the laws of the State of Idaho, hereinafter referred to as `;CITY," 33 East Broadway Avenue,
Meridian, Idaho 8
as "LICENSING
A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and
obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING
DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement,
both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of
Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H).
B. Time of Performance: This agreement shall be effective from January 1, 2015 to December
31, 2015.
C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE
to issue dog licenses on behalf of CITY in accordance with all applicable provisions of
Meridian City Code.
D. Responsibilities of LICENSING DESIGNEE:
1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after
verification of compliance with all provisions of Meridian City Code section 6-2-3,
including, but not limited to:
a. Verification that any dog to be licensed has a valid rabies vaccination in accordance
with Meridian City Code section 6-2-3(D).
b. Verification that the owner of any dog to be licensed is eligible for the license fee
sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog
owner/user is visually or hearing impaired or disabled; whether dog owner is training
such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license
tag will indeed replace validly issued, lost tag.
c. Collection of appropriate license fee.
DOG LICENSING DESIGNEE AGREEMENT E PAGE I OF 6
2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all
dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled,
"MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE:
[MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered
unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record
including: the serial numbers of the dog license tags provided by CITY for issuance by
LICENSING DESIGNEE and shall also contain'the following information as to each dog
license issued by LICENSING DESIGNEE:
a. date of issuance;
b. dog license tag serial number;
c. amount of license fee collected;
d. amount of administrative fee collected;
e. name, address, and telephone number of dog owner;
f. description of dog to be licensed;
g. verification of documentation demonstrating dog owner's compliance with all
provisions of Meridian City Code section 6-2-3; and
It. verification of eligibility of dog owner to pay license fee sought to be paid.
3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and
keep an administrative fee of ten percent (10%) of the amount of each dog license fee
collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license
fees collected and administrative fees retained and shall report same to CITY in its annual
report.
4. Monthly submission to City Clerk: At the end of each month during the term of this
Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf, and
b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in
full.
Such fees and log shall be submitted to the Meridian City Clerk no later than the
fifteenth (15th) day of the month following themonth for which the fees were
collected and the monthly log completed.
DOG LICENSING DESIGNEE AGRFEmENT n PAGE 2 OF 6
5. Annual submission to City Clerk: No later than January 15, 2015, LICENSING
DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by
LICENSING DESIGNEE; and
b. An annual report, by completing in full the form provided herewith entitled,
"ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE."
6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or
annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as
set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies
LICENSING DESIGNEE of a discrepancy in fees collected and data reported by
LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING
DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING
DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the
number and type of dog licenses issued and the number of unissued dog license tags
returned to CITY shall not be excused for any reason, regardless of LICENSING
DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees,
tags, and/or data.
E. Responsibilities of CITY:
1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE
Quantity
dog license tags with the following serial numbers:
which dog license tags are to be issued by LICENSING DESIGNEE_ only upon
LICENSING DESIGNEE'S verification of compliance with all provisions of Meridian
City Code section 6-2-3.
2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the
Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on
behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the
Meridian City Clerk shall conduct an accounting to determine that the fees remitted
correspond to the number and type of dog license tags issued by the designee according to
the designee's log. In the event of a discrepancy between the log, fees remitted, and/or
unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy.
3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City
Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly
DOG LICENSING DESIGNEE AGREEMENT z PAGE 3 OF 6
logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING
DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to
determine that the fees remitted correspond to the number and type of dog license tags
issued by the designee according to the designee's logs. In the event of a discrepancy
between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify
LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY
funds in the amount of the discrepancy.
F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue
vicious dog licenses on behalf of CITY.
G. Independent Contractor: hi all matters pertaining to this agreement, LICENSING
DESIGNEE shall be acting as an independent contractor, and neither LICENSING
DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed
an employee of CITY. The selection and designation of the personnel of CITY in the
performance of this agreement shall be made by CITY.
H. Notices: Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed to CITY as
follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to
LICENSING DESIGNEE as follows:
Licensing Designee Name and Address
Either parry may change its address for the purpose of this paragraph by giving written notice
of such change to the other in the manner herein provided.
I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING
DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any
of its rights or responsibilities under this Agreement except upon the prior express written
consent of CITY.
K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING .
DESIGNEE shall not discriminate against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 4 OF 6
L. Reports and Information: At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and information as the
CITY may request pertaining to matters covered by this Agreement.
M. Audits and Inspections: At any time during business hours and as often as the CITY may
deem necessary, there shall be made available to the CITY for examination all of
LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement.
N. Compliance with Laws: In performing the scope of services required hereunder,
LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
0. Changes: Proposed changes to any portion of this Agreement shall be submitted in wk citing.
The parry to whom the change is proposed shall have thirty (30) days to accept or reject the
proposed change. Changes which are mutually agreed upon by and between the CITY and
LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment
signed by both parties.
P. Termination:
1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees,
or agents fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this Agreement,
falsifies any record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if
the Meridian City Council determines that termination of this Agreement is in the best
interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by
giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice.
LICENSING DESIGNEE may terminate this agreement at any time by giving at least
fifteen (15) calendar days written notice to CITY.
2. Remittance to CITY: In the event of any termination of this Agreement, all finished or
documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian
City Code and/or under this Agreement, completed or incomplete, shall, at the option of
the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all
licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued
dog license tags. Upon such remittance following termination, the Meridian City Clerk
shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement,
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement by
LICENSING DESIGNEE. This provision shall survive the termination of this agreement
and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 5 OF 6
Q. 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.
R. Entire agreement: This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
S. 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.
T. Approval required: This Agreement shall not become effective or binding until approved
by CITY.
LICENSING DESIGNEE:
i
Signa❑re
BY: —(Zpt�:Q� 6 -e -
Print Name
CITY OF MERIDIAN:
BY: -
TAMMY e ERD, MAYOR
Atter
n s('ily of
IDANO
Y
JF -,i
DOG WENsiNG DESIGNEE AGREEMENT • PAGE 6 OF 6
C�E IDIAN---
lDpHO
DOG LICENSING DESIGNEE AGREEMENT
This DOG LICENSING DESIGNEE AGREEMENT is made this 11�day of
20V, by and between the City of Meridian, a municipal corporation organized under
the laws of the State of Idaho, hereinafter referred to as "CITY," 33 East Broadway Avenue,
j ` \
Meridian, Idaho 83642, and -Z xc)o�m hereinafter referred to
as "LICENSING DESIGNEE," whose business address is orwwr�
A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and
obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING
DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement,
both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of
Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H).
B. Time of Performance: This agreement shall be effective from January 1, 2015 to December
31, 2015.
C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE
to issue dog licenses on behalf of CITY in accordance with all applicable provisions of
Meridian City Code.
D. Responsibilities of LICENSING DESIGNEE:
1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after
verification of compliance with all provisions of Meridian City Code section 6-2-3,
including, but not limited to:
a. Verification that any dog to be licensed has a valid rabies vaccination in accordance
with Meridian City Code section 6-2-3(D).
b. Verification that the owner of any dog to be licensed is eligible for the license fee
sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog
owner/user is visually or hearing impaired or disabled; whether dog owner is training
such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license
tag will indeed replace validly issued, lost tag.
c. Collection of appropriate license fee.
DOG LICENSING DESIGNEE AGREEMENT • PAGE I OF 6
2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all
dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled,
"MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE:
[MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered
unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record
including: the serial numbers of the dog license tags provided by CITY for issuance by
LICENSING DESIGNEE and shall also contain the following information as to each dog
license issued by LICENSING DESIGNEE:
a. date of issuance;
b. dog license tag serial number;
c. amount of license fee collected;
d. amount of administrative fee collected;
e, name, address, and telephone number of dog owner;
f. description of dog to be licensed;
g. verification of documentation demonstrating dog owner's compliance with all
provisions of Meridian City Code section 6-2-3; and
h. verification of eligibility of dog owner to pay license fee sought to be paid.
3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and
keep an administrative fee of ten percent (10%) of the amount of each dog license fee
collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license
fees collected and administrative fees retained and shall report same to CITY in its annual
report.
4. Monthly submission to City Clerk: At the end of each month during the term of this
Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf, and
b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in
full.
Such fees and log shall be submitted to the Meridian City Clerk no later than the
fifteenth (I 5th) day of the month following the month for which the fees were
collected and the monthly log completed.
DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 2 OF 6
5. Annual submission to City Clerk: No later than January 15, 2015, LICENSING
DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by
LICENSING DESIGNEE; and
b. An annual report, by completing in full the form provided herewith entitled,
"ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE."
6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or
annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as
set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies
LICENSING DESIGNEE of a discrepancy in fees collected and data reported by
LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING
DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING
DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the
number and type of dog licenses issued and the number of unissued dog license tags
returned to CITY shall not be excused for any reason, regardless of LICENSING
DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees,
tags, and/or data.
E. Responsibilities of CITY:
1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE
Quanliry
dog license tags with the following serial numbers:
which dog license tags are to be issued by LICENSING DESIGNEE only upon
LICENSING DESIGNEE's verification of compliance with all provisions of Meridian
City Code section 6-2-3.
2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the
Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on
behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the
Meridian City Clerk shall conduct an accounting to determine that the fees remitted
correspond to the number and type of dog license tags issued by the designee according to
the designee's log. In the event of a discrepancy between the log, fees remitted, and/or
unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy.
3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City
Clerk of all dog license fees collected by LICENSING DESIGNEE; all official monthly
DOG LICENSING DESIGNEE AGREEMENT • PAGE 3 OF 6
logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING
DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to
determine that the fees remitted correspond to the number and type of dog license tags
issued by the designee according to the designee's logs. In the event of a discrepancy
between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify
LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY
funds in the amount of the discrepancy.
F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue
vicious dog licenses on behalf of CITY.
G. Independent Contractor: In all matters pertaining to this agreement, LICENSING
DESIGNEE shall be acting as an independent contractor, and neither LICENSING
DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed
an employee of CITY. The selection and designation of the personnel of CITY in the
performance of this agreement shall be made by CITY.
H. Notices: Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed to CITY as
follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to
LICENSING DESIGNEE as follows:
Either party may change its address for the purpose of this paragraph by giving written notice
of such change to the other in the manner herein provided.
I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING
DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any
of its rights or responsibilities under this Agreement except upon the prior express written
consent of CITY.
K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING
DESIGNEE shall not discriminate against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 4 OF 6
L. Reports and Information: At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and information as the
CITY may request pertaining to matters covered by this Agreement.
M. Audits and Inspections: At any time during business hours and as often as the CITY may
deem necessary, there shall be made available to the CITY for examination all of
LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement._
N. Compliance with Laws: In performing the scope of services required hereunder,
LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing.
The party to whom the change is proposed shall have thirty (30) days to accept or reject the
proposed change. Changes which are mutually agreed upon by and between the CITY and
LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment
signed by both parties.
P. Termination:
1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees,
or agents fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this Agreement,
falsifies any record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if
the Meridian City Council determines that termination of this Agreement is in the best
interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by
giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice.
LICENSING DESIGNEE may terminate this agreement at any time by giving at least
fifteen (15) calendar days written notice to CITY.
2. Remittance to CITY: hi the event of any termination of this Agreement, all finished or
documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian
City Code and/or under this Agreement, completed or incomplete, shall, at the option of
the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all
licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued
dog license tags. Upon such remittance following termination, the Meridian City Clerk
shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement,
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement by
LICENSING DESIGNEE. This provision shall survive the termination of this agreement
and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages.
DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 5 OF 6
Q. 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.
R. Entire agreement: This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
S. 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.
T. Approval required: This Agreement shall not become effective or binding until approved
by CITY.
LICENSING DESIGNEE:
CITY OF MERIDIAN:
11E
TAMMY de
z
�_'O .sH61U
SEAL
i
°l /he TA EP'�Ja
DOG LICENSING DESIGNEE AGREEMENT • PAGE 6 OF 6
IDIAN�--
IDpa
DOG LICENSING DESIGNEE AGREEMENT
This DOG LICENSING DESIGNEE AGREEMENT is made this d6 day of
b , 20/,5, -by and between the City of Meridian, a municipal corporation organized under
the laws of the State of Idaho,,herqnafte eferred /t�g as "CITY," 33 East Broadway Avenue,
Meridian, Idaho 83642, and Q} /" 0- (uGe
as "LICENSING DESIGNEE," whose business address is
to
A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and
obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING
DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement,
both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of
Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H).
B. Time of Performance: This agreement shall be effective from January 1, 2015 to December
31, 2015.
C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE
to issue dog licenses on behalf of CITY in accordance with all applicable provisions of
Meridian City Code.
D. Responsibilities of LICENSING DESIGNEE:
1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after
verification of compliance with all provisions of Meridian City Code section 6-2-3,
including, but not limited to:
a. Verification that any dog to be licensed has a valid rabies vaccination in accordance
with Meridian City Code section 6-2-3(D).
b. Verification that the owner of any dog to be licensed is eligible for the license fee
sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog
owner/user is visually or hearing impaired or disabled; whether dog owner is training
such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license
tag will indeed replace validly issued, lost tag.
c. Collection of appropriate license fee.
DOG LICENSING DESIGNEE AGREEMENT PAGE I OF 6
2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all
dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled,
"MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE:
[MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered
unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record
including: the serial numbers of the dog license tags provided by CITY for issuance by
LICENSING DESIGNEE and shall also contain the following information as to each dog
license issued by LICENSING DESIGNEE:
a. date of issuance;
b. dog license tag serial number;
c. amount of license fee collected;
d. amount of administrative fee collected;
c. name, address, and telephone number of dog owner;
L description of dog to be licensed;
g. verification of documentation demonstrating dog owner's compliance with all
provisions of Meridian City Code section 6-2-3; and
It. verification of eligibility of dog owner to pay license fee sought to be paid.
3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and
keep an administrative fee of ten percent (10%) of the amount of each dog license fee
collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license
fees collected and administrative fees retained and shall report same to CITY in its annual
report.
4. Monthly submission to City Clerk: At the end of each month during the term of this
Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf, and
b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in
full
Such fees and log shall be submitted to the Meridian City Clerk no later than the
fifteenth (I 5th) day of the month following the month for which the fees were
collected and the monthly log completed.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 2 OF 6
5. Annual submission to City Clerk: No later than January 15, 2015, LICENSING
DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by
LICENSING DESIGNEE; and
b. An annual report, by completing in full the form provided herewith entitled,
"ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE."
6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or
annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as
set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies
LICENSING DESIGNEE of a discrepancy in fees collected and data reported by
LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING
DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING
DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the
number and type of dog licenses issued and the number of unissued dog license tags
returned to CITY shall not be excused for any reason, regardless of LICENSING
DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees,
tags, and/or data.
E. Responsibilities of CITY:
1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE
Quantity
dog license tags with the following serial numbers:
which dog license tags are to be issued by LICENSING DESIGNEE only upon
LICENSING DESIGNEE's verification of compliance with all provisions of Meridian
City Code section 6-2-3.
2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the
Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on
behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the
Meridian City Clerk shall conduct an accounting to determine that the fees remitted
correspond to the number and type of dog license tags issued by the designee according to
the designee's log. In the event of a discrepancy between the log, fees remitted, and/or
unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy.
3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City
Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly
DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 3 OF 6
z
logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING
DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to
determine that the fees remitted correspond to the number and type of dog license tags
issued by the designee according to the designee's logs. In the event of a discrepancy
between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify
LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY
funds in the amount of the discrepancy.
F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue
vicious dog licenses on behalf of CITY.
G. Independent Contractor: In all matters pertaining to this agreement, LICENSING
DESIGNEE shall be acting as an independent contractor, and neither LICENSING
DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed
an employee of CITY. The selection and designation of the personnel of CITY in the
performance of this agreement shall be made by CITY.
H. Notices: Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed to CITY as
follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to
LICENSING DESIGNEE as follows:
Licensing Designee Name and Address
Either party may change its address for the purpose of this paragraph by giving written notice
of such change to the other in the manner herein provided.
I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING
DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any
of its rights or responsibilities under this Agreement except upon the prior express written
consent of CITY.
K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING
DESIGNEE shall not discriminate against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
DOG LICENSING DESIGNEE AGREEMENT z PAGE 4 OF 6
L. Reports and Information: At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and information as the
CITY may request pertaining to matters covered by this Agreement.
M. Audits and Inspections: At any time during business hours and as often as the CITY may
deem necessary, there shall be made available to the CITY for examination all of
LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement.
N. Compliance with Laws: In performing the scope of services required hereunder,
LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing.
The party to whom the change is proposed shall have thirty (30) days to accept or reject the
proposed change. Changes which are mutually agreed upon by and between the CITY and
LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment
signed by both parties.
P. Termination:
1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees,
or agents fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this Agreement,
falsifies any record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if
the Meridian City Council determines that termination of this Agreement is in the best
interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by
giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice.
LICENSING DESIGNEE may terminate this agreement at any time by giving at least
fifteen (15) calendar days written notice to CITY.
2. Remittance to CITY: In the event of any termination of this Agreement, all finished or
documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian
City Code and/or under this Agreement, completed or incomplete, shall, at the option of
the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all
licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued
dog license tags. Upon such remittance following termination, the Meridian City Clerk
shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement,
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement by
LICENSING DESIGNEE. This provision shall survive the termination of this agreement
and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 5 OF 6
Q. 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.
R. Entire agreement: This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
S. 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.
T. Approval required: This Agreement shall not become effective or binding until approved
by CITY.
LICENSING DESIGNEE:
're
BY: l✓c S M oQA � %lr,�/l.
Print Name
CITY OF MERIDIAN:
DOG LICENSING DESIGNEE AGREEMENT z PAGE 6 OF 6
IDIAN�--
IDAHO
DOG LICENSING DESIGNEE AGREEMENT
This D�G LICENSING DESIGNEE AGREEMENT is made this l �— day of
"I► o JT,]
20L by and between the City of Meridian, a municipal corporation organized under
the laws of the tate of Idaho, hereit er referred to as "CITY," 3 East Broadway Avenue,
Meridian, Idaho 83642, and SLS{' iS Z" 1pGf014M AW44hereinafter referred to
as "LICENSING DESIGNEE," whose business address is Z ZLo A, 'D&1 &re— +eco
A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and
obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING
DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement,
both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of
Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H).
B. Time of Performance: This agreement shall be effective from January 1, 2015 to December
31, 2015.
C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE
to issue dog licenses on behalf of CITY in accordance with all applicable provisions of
Meridian City Code.
D. Responsibilities of LICENSING DESIGNEE:
1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after
verification of compliance with all provisions of Meridian City Code section 6-2-3,
including, but not limited to:
a. Verification that any dog to be licensed has a valid rabies vaccination in accordance
with Meridian City Code section 6-2-3(D).
b. Verification that the owner of any dog to be licensed is eligible for the license fee
sought to be paid, i.e., whether dog to be licensed is neutered or spayed; whether dog
owner/user is visually or hearing impaired or disabled; whether dog owner is training
such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license
tag will indeed replace validly issued, lost tag.
c. Collection of appropriate license fee.
DOG LICENSING DESIGNEE AGREEMENT • PAGE I OF 6
2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all
dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled,
"MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE:
[MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered
unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record
including: the serial numbers of the dog license tags provided by CITY for issuance by
LICENSING DESIGNEE and shall also contain the following information as to each dog
license issued by LICENSING DESIGNEE:
a. date of issuance;
b. dog license tag serial number;
c. amount of license fee collected;
d. amount of administrative fee collected;
e. name, address, and telephone number of dog owner;
L description of dog to be licensed;
g. verification of documentation demonstrating dog owner's compliance with all
provisions of Meridian City Code section 6-2-3; and
It. verification of eligibility of dog owner to pay license fee sought to be paid.
3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and
keep an administrative fee of ten percent (10%) of the amount of each dog license fee
collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license
fees collected and administrative fees retained and shall report same to CITY in its annual
report.
4. Monthly submission to City Clerk: At the end of each month during the term of this
Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and
b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in
full.
Such fees and log shall be submitted to the Meridian City Clerk no later than the
fifteenth (15th) day of the month following the month forwhich the fees were
collected and the monthly log completed.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 2 OF 6
5. Annual submission to City Clerk: No later than January 15, 2015, LICENSING
DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by
LICENSING DESIGNEE; and
b. An annual report, by completing in full the form provided herewith entitled,
,,ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE."
6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or
annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as
set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies
LICENSING DESIGNEE of a discrepancy in fees collected and data reported by
LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING
DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING
DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the
number and type of dog licenses issued and the number of unissued dog license tags
returned to CITY shall not be excused for any reason, regardless of LICENSING
DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees,
tags, and/or data.
E. Responsibilities of CITY:
1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE QU Muty
dog license tags with the following serial numbers:
which dog license tags are to be issued by LICENSING DESIGNEE only upon
LICENSING DESIGNEE's verification of compliance with all provisions of Meridian
City Code section 6-2-3.
2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the
Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on
behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the
Meridian City Clerk shall conduct an accounting to determine that the fees remitted
correspond to the number and type of dog license tags issued by the designee according to
the designee's log. hi the event of a discrepancy between the log, fees remitted, and/or
unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy.
3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City
Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly
DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 3 OF 6
logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING
DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to
determine that the fees remitted correspond to the number and type of dog license tags
issued by the designee according to the designee's logs. In the event of a discrepancy
between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify
LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY
funds in the amount of the discrepancy.
F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue
vicious dog licenses on behalf of CITY.
G. Independent Contractor: In all matters pertaining to this agreement, LICENSING
DESIGNEE shall be acting as an independent contractor, and neither LICENSING
DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed
an employee of CITY. The selection and designation of the personnel of CITY in the
performance of this agreement shall be made by CITY.
H. Notices: Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed to CITY as
follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to
as tollows:
J.Z.,,t. 1
Either party may change its address for the purpose of this paragraph by giving written notice
of such change to the other in the manner herein provided.
L Attorney Fees: Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING
DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any
of its rights or responsibilities under this Agreement except upon the prior express written
consent of CITY.
V— Discrimination Prohibited: In performing the Services set forth herein, LICENSING
DESIGNEE shall not discriminate against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
DOG LICENSING DESIGNEE AGREEMENT H PAGE 4 OF 6
L. Reports and Information: At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and information as the
CITY may request pertaining to matters covered by this Agreement.
M. Audits and Inspections: At any time during business hours and as often as the CITY may
deem necessary, there shall be made available to the CITY for examination all of
LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement.
N. Compliance with Laws: In performing the scope of services required hereunder,
LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing.
The party to whom the change is proposed shall have thirty (30) days to accept or reject the
proposed change. Changes which are mutually agreed upon by and between the CITY and
LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment
signed by both parties.
P. Termination:
1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees,
or agents fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this Agreement,
falsifies any record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if
the Meridian City Council determines that termination of this Agreement is in the best
interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by
giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice.
LICENSING DESIGNEE may terminate this agreement at any time by giving at least
fifteen (15) calendar days written notice to CITY.
2. Remittance to CITY: In the event of any termination of this Agreement, all finished or
documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian
City Code and/or under this Agreement, completed or incomplete, shall, at the option of
the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all
licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued
dog license tags. Upon such remittance following termination, the Meridian City Clerk
shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement,
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement by
LICENSING DESIGNEE. This provision shall survive the termination of this agreement
and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages.
DOG LICENSING DESIGNEE AGREEMENT A PAGE 5 OF 6
Q. 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.
R. Entire agreement: This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
S. 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.
T. Approval required: This Agreement shall not become effective or binding until approved
by CITY.
LICENSING DESIGNEE:
r"012"PaIll L I iii
BY: `�aw4,GkS Ii Y"►izra �
Pr.t Name
CITY OF MERIDIAN:
DOG LICENSING DESIGNEE AGREEMENT • PAGE 6 OF 6
CiE IDIAN-
3oa�o
DOG LICENSING DESIGNEE AGREEMENT
This DOG LICENSING DESIGNEE AGREEMENT is made this 2 vIZ day of
201� by and between the City of Meridian, a municipal corporation organized under
the laws of the State of Idaho, herejnaftert-pferreckto as "CITY," 33 East Broadway Avenue,
Meridian, Idaho 83642, and ,;/ e �, ,(UWely,&,
as "LICENSING DESIGNEE," whose business address is
to
A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and
obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING
DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement,
both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of
Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H).
B. Time of Performance: This agreement shall be effective from January 1, 2015 to December
31, 2015.
C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE
to issue dog licenses on behalf of CITY in accordance with all applicable provisions of
Meridian City Code.
D. Responsibilities of LICENSING DESIGNEE:
1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after
verification of compliance with all provisions of Meridian City Code section 6-2-3,
including, but not limited to:
a. Verification that any dog to be licensed has a valid rabies vaccination in accordance
with Meridian City Code section 6-2-3(D).
b. Verification that the owner of any dog to be licensed is eligible for the license fee
sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog
owner/user is visually or hearing impaired or disabled; whether dog owner is training
such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license
tag will indeed replace validly issued, lost tag.
c. Collection of appropriate license fee.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 1 OF 6
2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all
dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled,
"MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE:
[MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered
unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record
including: the serial numbers of the dog license tags provided by CITY for issuance by
LICENSING DESIGNEE and shall also contain the following information as to each dog
license issued by LICENSING DESIGNEE:
a. date of issuance;
b. dog license tag serial number;
c. amount of license fee collected;
d. amount of administrative fee collected;
e. name, address, and telephone number of dog owner;
L description of dog to be licensed;
g. verification of documentation demonstrating dog owner's compliance with all
provisions of Meridian City Code section 6-2-3; and
h. verification of eligibility of dog owner to pay license fee sought to be paid.
3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and
keep an administrative fee of ten percent (10%) of the amount of each dog license fee
collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license
fees collected and administrative fees retained and shall report same to CITY in its annual
report.
4. Monthly submission to City Clerk: At the end of each month during the term of this
Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf; and
b. A true and correct copy of the LICENSING DESIGNEE'S monthly log, completed in
full.
Such fees and log shall be submitted to the Meridian City Clerk no later than the
fifteenth (15th) day of the month following the month for which the fees were
collected and the monthly log completed.
DOG LICENSING DESIGNEE AGREEMENT m PAGE 2 OF 6
5. Annual submission to City Clerk: No later than January 15, 2015, LICENSING
DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by
LICENSING DESIGNEE; and
b. An annual report, by completing in full the form provided herewith entitled,
"ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE."
6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or
annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as
set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies
LICENSING DESIGNEE of a discrepancy in fees collected and data reported by
LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING
DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING
DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the
number and type of dog licenses issued and the number of unissued dog license tags
returned to CITY shall not be excused for any reason, regardless of LICENSING
DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees,
tags, and/or data.
E. Responsibilities of CITY:
1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE
Quan[iTy
dog license tags with the following serial numbers:
which dog license tags are to be issued by LICENSING DESIGNEE only upon
LICENSING DESIGNEE's verification of compliance with all provisions of Meridian
City Code section 6-2-3.
2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the
Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on
behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the
Meridian City Clerk shall conduct an accounting to determine that the fees remitted
correspond to the number and type of dog license tags issued by the designee according to
the designee's log. In the event of a discrepancy between the log, fees remitted, and/or
unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy.
3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City
Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly
DOG LICENSING DESIGNEE AGREEMENT • PAGE 3 OF 6
logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING
DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to
determine that the fees remitted correspond to the number and type of dog license tags
issued by the designee according to the designee's logs. In the event of a discrepancy
between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify
LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY
funds in the amount of the discrepancy.
F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue
vicious dog licenses on behalf of CITY.
G. Independent Contractor: In all matters pertaining to this agreement, LICENSING
DESIGNEE shall be acting as an independent contractor, and neither LICENSING
DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed
an employee of CITY. The selection and designation of the personnel of CITY in the
performance of this agreement shall be made by CITY.
H. Notices: Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed to CITY as
follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to
LICENSING DESIGNEE as follows:
Licensing Designee Name and Address
Either parry may change its address for the purpose of this paragraph by giving written notice
of such change to the other in the manner herein provided.
I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING
DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any
of its rights or responsibilities under this Agreement except upon the prior express written
consent of CITY.
K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING
DESIGNEE shall not discriminate against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 4 OF 6
L. Reports and Information: At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and information as the
CITY may request pertaining to matters covered by this Agreement.
M. Audits and Inspections: At any time during business hours and as often as the CITY may
deem necessary, there shall be made available to the CITY for examination all of
LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement.
N. Compliance with Laws: In performing the scope of services required hereunder,
LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing.
The party to whom the change is proposed shall have thirty (30) days to accept or reject the
proposed change. Changes which are mutually agreed upon by and between the CITY and
LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment
signed by both parties.
P. Termination:
1. Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees,
or agents fails to fulfill in a timely and proper manner its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this Agreement,
falsifies any record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if
the Meridian City Council determines that termination of this Agreement is in the best
interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by
giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice.
LICENSING DESIGNEE may terminate this agreement at any time by giving at least
fifteen (15) calendar days written notice to CITY.
2. Remittance to CITY: In the event of any termination of this Agreement, all finished or
documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian
City Code and/or under this Agreement, completed or incomplete, shall, at the option of
the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all
licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued
dog license tags. Upon such remittance following termination, the Meridian City Clerk
shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement,
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement by
LICENSING DESIGNEE. This provision shall survive the termination of this agreement
and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 5 OF 6
WE IIDIAN--
lQAHO
DOG LICENSING DESIGNEE AGREEMENT
This DOG LICENSING DESIGNEE AGREEMENT is made this 91 day of
0 bvgp, , 20 !ti, by and between the City of Meridian, a municipal corporation organized under
the laws of the State of Idaho, hereinafter referred to as "CITY," 33 East Broadway Avenue,
Meridian, Idaho 83642, and Po , hereinafter referred to
as "LICENSING DESIGNEE," whosk business address is I;W6 N • SV -,!'let
A. Purpose of Agreement: The purpose of this Agreement is to set forth the rights and
obligations of CITY and of LICENSING DESIGNEE with reference to LICENSING
DESIGNEE's issuance of dog licenses on CITY's behalf. By entering into this agreement,
both parties seek to: 1) encourage and facilitate the licensing of all dogs within the City of
Meridian; and 2) implement the provisions of Meridian City Code section 6-2-3(H).
B. Time of Performance: This agreement shall be effective from January 1, 2015 to December
31, 2015.
C. Designation of authority: CITY hereby authorizes and empowers LICENSING DESIGNEE
to issue dog licenses on behalf of CITY in accordance with all applicable provisions of
Meridian City Code.
D. Responsibilities of LICENSING
1. Issuance of dog licenses: LICENSING DESIGNEE shall issue dog licenses only after
verification of compliance with all provisions of Meridian City Code section 6-2-3,
including, but not limited to:
a. Verification that any dog to be licensed has a valid rabies vaccination in accordance
with Meridian City Code section 6-2-3(D).
b. Verification that the owner of any dog to be licensed is eligible for the license fee
sought to be paid, i. e., whether dog to be licensed is neutered or spayed; whether dog
owner/user is visually or hearing impaired or disabled; whether dog owner is training
such dog as seeing eye, hearing ear, or guide dog; and/or whether replacement license
tag will indeed replace validly issued, lost tag.
c. Collection of appropriate license fee.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 1 OF 6
2. Official log: LICENSING DESIGNEE shall keep an official, monthly, written log of all
dog licenses issued by LICENSING DESIGNEE on the form provided herewith entitled,
"MONTHLY LOG — DOG LICENSES ISSUED BY LICENSING DESIGNEE:
[MONTH & YEAR]" (hereinafter "monthly log"). If such form is lost or rendered
unusable for any reason whatsoever, LICENSING DESIGNEE must keep a written record
including: the serial numbers of the dog license tags provided by CITY for issuance by
LICENSING DESIGNEE and shall also contain the following information as to each dog
license issued by LICENSING DESIGNEE:
a. date of issuance;
b. dog license tag serial number;
e. amount of license fee collected;
d. amount of administrative fee collected;
e. name, address, and telephone number of dog owner;
L description of dog to be licensed;
g. verification of documentation demonstrating dog owner's compliance with all
provisions of Meridian City Code section 6-2-3; and
h. verification of eligibility of dog owner to pay license fee sought to be paid.
3. Administrative fee: CITY hereby authorizes LICENSING DESIGNEE to collect and
keep an administrative fee of ten percent (10%) of the amount of each dog license fee
collected on CITY's behalf. LICENSING DESIGNEE shall keep a record of dog license
fees collected and administrative fees retained and shall report same to CITY in its annual
report.
4. Monthly submission to City Clerk: At the end of each month during the term of this
Agreement, LICENSING DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license fees collected by LICENSING DESIGNEE on CITY's behalf, and
b. A true and correct copy of the LICENSING DESIGNEE's monthly log, completed in
full.
Such fees and log shall be submitted to the Meridian City Clerk no later than the
fifteenth (15th) day of the month following the month for which the fees were
collected and the monthly log completed.
DOG LICENSING DESIGNEE AGREEMENT • PAGE 2 OF 6
5. Annual submission to City Clerk: No later than January 15, 2015, LICENSING
DESIGNEE shall submit to the Meridian City Clerk:
a. All dog license tags provided by CITY to LICENSING DESIGNEE but unissued by
LICENSING DESIGNEE; and
b. An annual report, by completing in full the form provided herewith entitled,
"ANNUAL REPORT — DOG LICENSES ISSUED BY LICENSING DESIGNEE."
6. Remission of discrepancy: If, following the Meridian City Clerk's monthly and/or
annual review and accounting of LICENSING DESIGNEE's issuance of dog licenses as
set forth in sections E(2) and E(3) of this Agreement, the Meridian City Clerk notifies
LICENSING DESIGNEE of a discrepancy in fees collected and data reported by
LICENSING DESIGNEE in the log or quantity of unissued tags, LICENSING
DESIGNEE shall remit to CITY funds in the amount of such discrepancy. LICENSING
DESIGNEE's obligation to remit to CITY funds in an amount corresponding to the
number and type of dog licenses issued and the number of unissued dog license tags
returned to CITY shall not be excused for any reason, regardless of LICENSING
DESIGNEE's assertion of loss, theft, misplacement, mistake, or mismanagement of fees,
tags, and/or data.
E. Responsibilities of CITY:
1. Provision of dog license tags: CITY shall provide to LICENSING DESIGNEE
Quantity
dog license tags with the following serial numbers: 190 — 2f-v��C>
which dog license tags are to be issued by LICENSING DESIGNEE only upon
LICENSING DESIGNEE's verification of compliance with all provisions of Meridian
City Code section 6-2-3.
2. Monthly accounting: Upon LICENSING DESIGNEE's monthly remittance to the
Meridian City Clerk of all dog license fees collected by LICENSING DESIGNEE on
behalf of CITY and the official monthly log kept by LICENSING DESIGNEE, the
Meridian City Clerk shall conduct an accounting to determine that the fees remitted
correspond to the number and type of dog license tags issued by the designee according to
the designee's log. In the event of a discrepancy between the log, fees remitted, and/or
unissued tags, the Meridian City Clerk shall notify LICENSING DESIGNEE in writing
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy.
3. Annual accounting: Upon LICENSING DESIGNEE's remittance to the Meridian City
Clerk of all dog license fees collected by LICENSING DESIGNEE, all official monthly
DOG LICENSING DESIGNEE AGREEMENT n PAGE 3 OF 6
logs kept by LICENSING DESIGNEE, unissued dog license tags, and LICENSING
DESIGNEE's annual report, the Meridian City Clerk shall conduct an accounting to
determine that the fees remitted correspond to the number and type of dog license tags
issued by the designee according to the designee's logs. In the event of a discrepancy
between the logs, fees remitted, and/or unissued tags, the Meridian City Clerk shall notify
LICENSING DESIGNEE in writing and LICENSING DESIGNEE shall remit to CITY
funds in the amount of the discrepancy.
F. Vicious dog licenses: This Agreement shall not authorize LICENSING DESIGNEE to issue
vicious dog licenses on behalf of CITY.
G. Independent Contractor: In all matters pertaining to this agreement, LICENSING
DESIGNEE shall be acting as an independent contractor, and neither LICENSING
DESIGNEE nor any officer, employee or agent of LICENSING DESIGNEE will be deemed
an employee of CITY. The selection and designation of the personnel of CITY in the
performance of this agreement shall be made by CITY.
H. Notices: Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed communicated when
mailed in the United States mail, certified, return receipt requested, addressed to CITY as
follows: City Clerk, City of Meridian, 33 E. Broadway Avenue, Meridian, Idaho 83642, or to
LICENSING DESIGNEE as follows:
S%Ck Av,-:ry .-A wog ,�-�l Sl.» IV• Sizv Q d YYler-;ri-±cw IYJ Si c` -I c,
Licensing Designee Name and Address
Either party may change its address for the purpose of this paragraph by giving written notice
of such change to the other in the manner herein provided.
I. Attorney Fees: Should any litigation be commenced between the parties hereto concerning
this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be
granted, to court costs and reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract between the parties and
shall survive any default, termination or forfeiture of this Agreement.
J. Assignment: It is expressly agreed and understood by the parties hereto, that LICENSING
DESIGNEE shall not have the right to assign, transfer, hypothecate, subcontract, or sell any
of its rights or responsibilities under this Agreement except upon the prior express written
consent of CITY.
K. Discrimination Prohibited: In performing the Services set forth herein, LICENSING
DESIGNEE shall not discriminate against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
DOG LICENSING DESIGNEE AGREEMENT n PAGE 4 OF 6
L. Reports and Information: At such times and in such forms as the CITY may require, there
shall be furnished to the CITY such statements, records, reports, data and information as the
CITY may request pertaining to matters covered by this Agreement.
M. Audits and Inspections: At any time during business hours and as often as the CITY may
deem necessary, there shall be made available to the CITY for examination all of
LICENSING DESIGNEE'S records with respect to all matters covered by this Agreement.
N. Compliance with Laws: In performing the scope of services required hereunder,
LICENSING DESIGNEE shall comply with all applicable laws, ordinances, and codes of
Federal, State, and local governments.
O. Changes: Proposed changes to any portion of this Agreement shall be submitted in writing.
The party to whom the change is proposed shall have thirty (30) days to accept or reject the
proposed change. Changes which are mutually agreed upon by and between the CITY and
LICENSING DESIGNEE shall be incorporated into this Agreement by written amendment
signed by both parties.
P. Termination:
Written notice: If, through any cause, LICENSING DESIGNEE, its officers, employees,
or agents fails to fulfill in a timely and proper manner. its obligations under this
Agreement, violates any of the covenants, agreements, or stipulations of this Agreement,
falsifies any record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if
the Meridian City Council determines that termination of this Agreement is in the best
interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by
giving LICENSING DESIGNEE at least fifteen (15) calendar days written notice.
LICENSING DESIGNEE may terminate this agreement at any time by giving at least
fifteen (15) calendar days written notice to CITY.
2. Remittance to CITY: In the event of any termination of this Agreement, all finished or
documents, data, and reports prepared by LICENSING DESIGNEE pursuant to Meridian
City Code and/or under this Agreement, completed or incomplete, shall, at the option of
the CITY, become its property, and LICENSING DESIGNEE shall remit to CITY all
licensing fees collected by LICENSING DESIGNEE on CITY's behalf and all unissued
dog license tags. Upon such remittance following termination, the Meridian City Clerk
shall conduct an accounting(s) as set forth in sections E(2) and E(3) of this Agreement,
and LICENSING DESIGNEE shall remit to CITY funds in the amount of the
discrepancy. LICENSING DESIGNEE shall not thereby be relieved of liability to the
CITY for damages sustained by the CITY by virtue of any breach of this Agreement by
LICENSING DESIGNEE. This provision shall survive the termination of this agreement
and shall not relieve LICENSING DESIGNEE of its liability to the CITY for damages.
DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 5 OF 6
Q. 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.
R. Entire agreement: This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether previous
to the execution hereof or contemporaneous herewith.
S. 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.
T. Approval required: This Agreement shall not become effective or binding until approved
by CITY.
LICENSING DESIGNEE:
Stern $low
igiatur
BY: ^���
Prm[ Nam
CITY OF MERIDIAN:
DOG LICENSING DESIGNEE AGREEMENT 0 PAGE 6 OF 6
Meridian City Council Meeting
DATE: January 6, 2015 ITEM NUMBER: 6
PROJECT NUMBER:
ITEM TITLE: Items Moved from the Consent Agenda
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: January 6, 2015 ITEM NUMBER: 7A
PROJECT NUMBER:
ITEM TITLE: Mayor's Office: MYAC Update
MEETING NOTES
Co Info./Notes
Meridian City Council Meeting
DATE: January 6, 2015 ITEM NUMBER: 7B
PROJECT NUMBER:
ITEM TITLE: City Council: Election of New City Council Officers & Dept. Liaison Appts.
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
I APPLICANT
NOTES
INITIALS
f0
U.
0
U U
L
a
e
V
L
N
m
iT+
'v
c
�
U
c
¢
y
Y
L4
O
¢
N
U
O
C
V
CC
O
U
p
w
G
o
0)
0
a
/O
V
U
¢
L
O
0:
2
Y
p
N
C
m
E
U
N
`
O
O
x
U
c
O
O
d
c!cooxO
O
c
¢
Z_
wYO
C
Eciy°
w
0
Cm
p
>
O
C
m
>
O¢
'O
p
.EbT
�
._.?o
u
EE
_
o
`^
c
o
ovc
u
a1,
m
O
x
2
coy
C
O
W
0.¢m
if
'a
E
V
w
-p
H
mm
'x
0
w?
>
Q
H
>
v
Q
¢
¢
¢
vpi
a
Y
c
v
E
O
N
v
a
u_
3
>
MA
f0
v
y
Q
u
O
O
-
N
�p
c
a,
E
E
m
o0p
c
�,
E
E
J
V
d
d
U
2
1
ii
LL
L
N
�
O
O
tu
`
OLn
LO
O
C0
C
u
c
..
r
u
N
"�
p
L
r,
C
..
u
O
C
m
00
U1
00
00
00
u
-0E
u
b
E
v
u
E
D
m
w
cu
cu
E
o
f
�O
E
O
m
m
m
N
t
w
y
n
E
o
>
L-
Ln
(�
N
E
O
C
N
U!
Y
N
00
N
vi
E
T
m
G)
a
v
m
O
.0
-
'�
y
-o
00
v
m^
U
c
v
m
M
N
N
00
00
w
E
M
w
3
lO
N
'O
2
O
a
S
L
V
`p
u
2
U1
Y
J
Y
2
l7ol
U
J
V
++
GJ
N
Lrl
0
N
k
kDN
a
v
Y
a
O.
7
U.
0
U U
Lrl
0
N
k
kDN
a
v
Y
a
O.
7
Meridian City Council Meeting
DATE: January 6, 2015 ITEM NUMBER: 7C
PROJECT NUMBER:
ITEM TITLE: Legal Department: Presentation & Discussion of Draft Memorandum
Of Understanding Regarding Capital Improvement Approval Procedure Between
Lakeview Meridian Investors LLC And The City Of Meridian
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
DRAFT 12/31/14
MEMORANDUM OF UNDERSTANDING
REGARDING CAPITAL IMPROVEMENT APPROVAL PROCEDURE
FOR RENT CREDIT ELIGIBILITY
BETWEEN
LAKEVIEW MERIDIAN INVESTORS LLC
AND
THE CITY OF MERIDIAN
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this
day of January, 2015 by and between Lakeview Meridian Investors LLC
(Lakeview) and The City of Meridian, Idaho (City), to establish a mutual understanding
regarding certain details related to the approval of Capital Improvements at Lakeview
Golf Course that may qualify for credit against the annual rent.
WHEREAS, On May 17, 2005, City and Lakeview entered into a Lease
Agreement for the operation of the Lakeview Golf Course; and,
WHEREAS, the 2005 Lease agreement included a required Capital Improvement
Program that was linked to a specific list of annual projects; and,
WHEREAS, On September 17, 2013, City and Lakeview executed an Addendum
to the Lease Agreement that, among other things, changed the golf course
Capital Improvement requirements to eliminate the specific list, but instead
require a minimum of $6,000 in improvements per year for the seven year period
of October 1, 2012 through September 30, 2019; and,
WHEREAS, The September 17, 2013 Addendum also instituted a procedure for
receiving credit for the annual rent due for the seven year period ending on
September 30, 2019 in exchange for completing the minimum required capital
improvements; and,
WHEREAS, neither the 2005 Lease or the 2013 Addendum contain a precise
definition of "Capital Improvement' which has resulted in some misunderstanding
about what projects may or may not qualify for the annual rent credit; and,
MEMORANDUM OF UNDERSTANDING - 1 Of 7
DRAFT 12/31/14
WHEREAS, the parties desire to establish a process for Lakeview to receive pre -
approval from City for upcoming capital improvement projects, along with an
improved administrative procedure for verifying the amounts spent on capital
improvements and receiving credit against annual rent due.
NOW, THEREFORE, the parties hereby agree as follows:
A. NATURE OF CAPITAL IMPROVEMENTS TO BE CONSIDERED FOR
APPROVAL:
1. If Lakeview is seeking construct a capital improvement project ("Project")
and be eligible to receive credit against annual rent, the Project details
and the amount of rent credit must be approved in advance by the City
Council.
2. The City Council shall have discretion to consider a wide variety of
Projects as proposed by Lakeview.
3. In approving a proposed Project for rent credit, the City Council shall
consider whether the Project includes the following attributes:
a) The Project enhances the usefulness and value of golf
course facilities by curing an existing deficiency, improving an
amenity, or providing additional enhancement or capacity to serve
the public.
b) The Project is intended to be a permanent improvement that
has a useful life of more than one year.
C) Ownership of the Project components will be vested in the
City upon completion, either by being integrated into the City's real
property and improvements, or by way of a certificate of title,
certificate of ownership, or bill of sale.
d) The Project is not intended to fulfill an operational obligation
already existing in the Lease Agreement unless waived by the City
Council at the request of Lakeview.
4. Nothing in this MOU shall be construed to limit the ability of Lakeview to
construct additional capital improvements as allowed under the Lease
Agreement for which Lakeview does not wish to receive rent credit.
MEMORANDUM OF UNDERSTANDING - 2 of 7
DRAFT 12/31/14
B. CAPITAL IMPROVEMENT PRE -APPROVAL PROCESS:
1. Prior to undertaking a Project for which Lakeview desires to qualify for
credit against annual rent due, Lakeview shall fill out the Project Proposal
Form (see Exhibit A) and provide the form along with any supporting
documentation to Director of Parks and Recreation. Details of the Project
shall include but are not limited to:
a. Specifics of the proposed Project, focusing on how the Project will
provide a long-term enhancement to the Golf Course facilities.
b. Timing of the Project.
c. Estimated cost of the Project.
2. The Director of Parks and Recreation shall place the Project Proposal on
the next available agenda of the Golf Course Focus Group for discussion
and recommendation to City Council.
3. After receiving a Project recommendation from Golf Course Focus Group,
Lakeview shall submit the Project Proposal Form and any supporting
documentation to the City Clerk to be placed on the next available City
Council agenda for presentation of the Project by Lakeview.
4. After receiving a Project proposal by Lakeview, City Council shall
deliberate regarding the amount of credit against annual rent to be allowed
if the Project is constructed as proposed.
a) The maximum allowable rent credit per year shall be
$6,000.00
b) If the total Project cost exceeds $6,000.00:
City Council shall determine the total amount of the
remaining Project cost that will be allowed as credit against
rent in the successive years after the Project is constructed.
ii. City Council shall specify the amount(s) for each successive
year that the rent credit will be allowed.
MEMORANDUM OF UNDERSTANDING - 3 Of 7
DRAFT 12/31/14
C. ADMINISTRATIVE PROCEDURE FOR PROJECT COMPLETION
VERIFICATION AND RENT CREDIT:
1. To receive credit against annual rent due for constructing an approved
Project, Lakeview shall comply with the procedure set forth in the 2013
Addendum titled 'Payment of Rent' which requires that documentation be
submitted to the City at least one month prior to the beginning of the fiscal
year in which the rent credit is to be applied.
2. If Lakeview constructs the Project as proposed, proof of payment shall be
presented to the City on the Project Verification and Rent Credit Approval
form (see Exhibit B).
a) Proof of Payment may include, but is not limited to contractor
invoices, cancelled checks, and the like.
b) The Project Verification and Rent Credit Approval form and
any supporting documentation shall be presented to the Director of
Parks and Recreation.
C) The Director of Parks and Recreation shall direct Parks
Department Staff to conduct a site visit to verify that the portions of
the Project listed on the proof of payment have been constructed as
represented.
d) If the documentation is deemed satisfactory by the
Director of Parks and Recreation, the Project Verification and Rent
Credit Approval Form shall be forwarded to the City Finance
Department so that the appropriate credit against annual rent can
be applied.
i. If the Director of Parks and Recreation has questions about
the documentation submitted, he shall first work directly with
Lakeview to resolve any dispute.
ii. If the Director of Parks and Recreation is unable to resolve a
documentation dispute with Lakeview, the matter shall then
be placed on the agenda of the next regularly scheduled
meeting of the City Council for discussion.
D. TERM OF MOU; EXTENSIONS: This MOU shall be in effect until September
30, 2019 to coincide with the seven year rent credit program set forth in the 2013
Addendum. The rent credit program and this MOU may be extended by mutual
written agreement.
MEMORANDUM OF UNDERSTANDING - 4 of 7
DRAFT 12/31/14
E. MISCELLANEOUS TERMS:
1. This MOU shall be construed and interpreted in accordance with the laws
of the State of Idaho. The parties agree that the courts of Idaho shall have
exclusive jurisdiction and agree that Ada County is the proper venue.
2. The failure or neglect of a party to enforce any remedy available by reason
of the failure of the other party to observe or perform a term or condition
set forth in this MOU shall not constitute a waiver of such term or
condition. A waiver by a party (i) shall not affect any term or condition
other than the one specified in such waiver, and (ii) shall waive a specified
term or condition only for the time and in a manner specifically stated in
the waiver.
3. This MOU shall be binding upon and inure to the benefit of the City and
Lakeview, but the terms and conditions contained herein shall not be
transferrable to successors and/or assigns of City or Lakeview.
IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding
the day and year first above written.
LAKEVIEW MERIDIAN INVESTORS LLC
Its:
CITY OF MERIDIAN, IDAHO
By:
Tammy de Weerd, Mayor
MEMORANDUM OF UNDERSTANDING - 5 Of 7
Attest:
Jaycee L. Holman, City Clerk
DRAFT 12/31/14
EXHIBIT A
LAKEVIEW GOLF COURSE CAPITAL IMPROVEMENT PROJECT PROPOSAL FORM
Description of the Project
i. How does the Project enhance or improve the City's Capital
Asset?
ii. What is the expected useful life if the improvement?
iii. Is the Project an improvement to the City's real property?
iv. If the Project is not an improvement to the City's real
property, how will ownership be vested in the City?
V. List project construction team or vendor
vi. Provide task and cost breakdown
vii. Provide project timeline.
Golf Course Task Force recommendation
Date of Meeting:
City Council Motion to approve Project as rent -credit eligible
Date of Motion
Amount of rent credit authorized upon presentation of substantiation:
Year 1 (Fiscal year 201_ - 201_) $
Year 2 (Fiscal year 201_ - 201_) $
Year 3 (Fiscal year 201_ - 201_) $
Year 4 (Fiscal year 201_ - 201_) $
[This form is still under construction]
MEMORANDUM OF UNDERSTANDING - 6 Of 7
DRAFT 12/31/14
EXHIBIT B
CAPITAL IMPROVEMENT SUBSTANTIATION AND RENT CREDIT VOUCHER FORM
[currently under development]
MEMORANDUM OF UNDERSTANDING - 7 Of 7
�To,,fA -7C
DRAFT 01 06 15 (Erik's redlines to 12/31/14 draft)
RECEIVED
_ h� ] 6 < ;
MEMORANDUM OF UNDERSTANDING OCITY OFCMaITYcLEwcsoEticl,
REGARDING CAPITAL IMPROVEMENT APPROVAL PROCEDURE
FOR RENT CREDIT ELIGIBILITY
BETWEEN
LAKEVIEW MERIDIAN INVESTORS LLC
AND
THE CITY OF MERIDIAN
THIS MEMORANDUM OF UNDERSTANDING (MOU) is made and entered into this
day of January, 2015 by and between Lakeview Meridian Investors LLC
(Lakeview) and The City of Meridian, Idaho (City), to establish a mutual understanding
regarding certain details related to the approval of Capital Improvements at Lakeview
Golf Course that may qualify for credit against the annual rent.
WHEREAS, On May 17, 2005, City and Lakeview entered into a Lease
Agreement for the operation of the Lakeview Golf Course; and,
WHEREAS, the 2005 Lease agreement included a required Capital Improvement
Program that was linked to a specific list of annual projects; and,
WHEREAS, On September 17, 2013, City and Lakeview executed an Addendum
to the Lease Agreement that, among other things, changed the golf course
Capital Improvement requirements to eliminate the specific list, but instead for
consideration of rent credit eligibility require a minimum of $6,000 in
improvements per year for the seven year period of October 1, 2012 through
September 30, 2019; and,
WHEREAS, The September 17, 2013 Addendum also instituted a procedure for
receiving credit for the annual rent due for the seven year period ending on
September 30, 2019 in exchange for completing the minimum required capital
improvements; and,
WHEREAS, neither the 2005 Lease or the 2013 Addendum contain a precise
definition of "Capital Improvement' which has resulted in some misunderstanding
about what projects may or may not qualify for the annual rent credit; and,
MEMORANDUM OF UNDERSTANDING - 1 of 7
DRAFT 01 06 15 (Erik's redlines to 12/31/14 draft)
WHEREAS, the parties desire to establish a process for Lakeview to receive pre -
approval from City for upcoming capital improvement projects, along with an
improved administrative procedure for verifying the amounts spent on capital
improvements and receiving credit against annual rent due.
NOW, THEREFORE, the parties hereby agree as follows:
A. NATURE OF CAPITAL IMPROVEMENTS TO BE CONSIDERED FOR
APPROVAL:
1. If Lakeview is seeking construct a capital improvement project ("Project")
and be eligible to receive credit against annual rent, the Project details
and the amount of rent credit must be approved in advance by the City
Council.
2. The City Council shall have discretion to consider a wide variety of
Projects as proposed by Lakeview.
3. In approving a proposed Project for rent credit, the City Council shall
consider whether the Project includes the following attributes:
a) The Project enhances the usefulness and value of golf
course facilities by curing an existing deficiency, improving an
amenity, or providing additional enhancement or capacity to serve
the public.
b) The Project is intended to be a permanent improvement that
has a useful life of more than one year.
C) Ownership of the Project components will be vested in the
City upon completion, either by being integrated into the City's real
property and improvements, or by way of a certificate of title,
certificate of ownership, or bill of sale.
d) The Project is not intended to fulfill an operational obligation
already existing in the Lease Agreement unless waived by the City
Council at the request of Lakeview.
4. Nothing in this MOU shall be construed to limit the ability of Lakeview to
construct additional capital improvements as allowed under the Lease
Agreement for which Lakeview does not wish to receive rent credit.
MEMORANDUM OF UNDERSTANDING - 2 of 7
DRAFT 01 06 15 (Erik's redlines to 12/31/14 draft)
B. CAPITAL IMPROVEMENT PRE -APPROVAL PROCESS:
1. Prior to undertaking a Project for which Lakeview desires to qualify for
credit against annual rent due, Lakeview shall fill out the Project Proposal
Form (see Exhibit A) and provide the form along with any supporting
documentation to Director of Parks and Recreation. Details of the Project
shall include but are not limited to:
a. Specifics of the proposed Project, focusing on how the Project will
provide a long-term enhancement to the Golf Course facilities.
b. Timing of the Project.
c. Estimated cost of the Project.
2. The Director of Parks and Recreation shall place the Project Proposal on
the next available agenda of the Golf Course Focus Group for discussion
and recommendation to City Council.
3. After receiving a Project recommendation from Golf Course Focus Group,
Lakeview shall submit the Project Proposal Form and any supporting
documentation to the City Clerk to be placed on the next available City
Council agenda for presentation of the Project by Lakeview.
4. After receiving a Project proposal by Lakeview, City Council shall
deliberate regarding the amount of credit against annual rent to be allowed
if the Project is constructed as proposed.
a) The maximum allowable rent credit per year shall be
$6,000.00
b) If the total Project cost exceeds $6,000.00:
i. At such meeting, City Council shall determine the total
amount of the remaining Project cost that will be allowed as
credit against rent in the successive years ^µ^r the o•ejeot is
senstructed if the Prosect is completed as approved.
ii. City Council shall specify the amount(s) for each successive
year that the rent credit will be allowed at the time of the
original approval of the Project.
MEMORANDUM OF UNDERSTANDING - 3 of 7
DRAFT 01 06 15 (Erik's redlines to 12/31/14 draft)
iLiii. If the City Council and Lakeview do not agree on the amount
of credit to be allowed for future years' rent, there shall be no
obligation for Lakeview to initiate such Project or any future
project. However, the City Council and Lakeview may agree
to modify such Project to reach a mutually satisfactory
agreement on the amount of future years' rent credit.
C. ADMINISTRATIVE PROCEDURE FOR PROJECT COMPLETION
VERIFICATION AND RENT CREDIT:
1. To receive credit against annual rent due for constructing an approved
Project, Lakeview shall comply with the procedure set forth in the 2013
Addendum titled "Payment of Rent" which requires that documentation be
submitted to the City at least one month prior to the beginning of the fiscal
year in which the rent credit is to be applied.
2. If Lakeview constructs the Project as proposed, proof of payment shall be
presented to the City on the Project Verification and Rent Credit Approval
form (see Exhibit B).
a) Proof of Payment may include, but is not limited to contractor
invoices, cancelled checks, and the like.
b) The Project Verification and Rent Credit Approval form and
any supporting documentation shall be presented to the Director of
Parks and Recreation.
C) The Director of Parks and Recreation shall direct Parks
Department Staff to conduct a site visit to verify that the portions of
the Project listed on the proof of payment have been constructed as
represented.
d) If the documentation is deemed satisfactory by the Director
of Parks and Recreation, the Project Verification and Rent Credit
Approval Form shall be forwarded to the City Finance Department
so that the appropriate credit against annual rent can be applied.
i. If the Director of Parks and Recreation has questions about
the documentation submitted, he shall first work directly with
Lakeview to resolve any dispute.
ii. If the Director of Parks and Recreation is unable to resolve a
documentation dispute with Lakeview, the matter shall then
be placed on the agenda of the next regularly scheduled
MEMORANDUM OF UNDERSTANDING - 4 of 7
DRAFT 01 06 15 (Erik's redlines to 12/31/14 draft)
meeting of the City Council for discussion and appropriate
action.
D. TERM OF MOU; EXTENSIONS: This MOU shall be in effect until September
30, 2019 to coincide with the seven year rent credit program set forth in the 2013
Addendum. The rent credit program and this MOU may be extended by mutual
written agreement.
E. MISCELLANEOUS TERMS:
1. This MOU shall be construed and interpreted in accordance with the laws
of the State of Idaho. The parties agree that the courts of Idaho shall have
exclusive jurisdiction and agree that Ada County is the proper venue.
2. The failure or neglect of a party to enforce any remedy available by reason
of the failure of the other party to observe or perform a term or condition
set forth in this MOU shall not constitute a waiver of such term or
condition. A waiver by a party (i) shall not affect any term or condition
other than the one specified in such waiver, and (ii) shall waive a specified
term or condition only for the time and in a manner specifically stated in
the waiver.
3. This MOU shall be binding upon and inure to the benefit of the City and
Lakeview, but the terms and conditions contained herein shall not be
transferrable to successors and/or assigns of City or Lakeview.
IN WITNESS WHEREOF, the parties do execute this Memorandum of Understanding
the day and year first above written.
LAKEVIEW MERIDIAN INVESTORS LLC
By
Its:
CITY OF MERIDIAN, IDAHO
By: Attest:
Tammy de Weerd, Mayor
MEMORANDUM OF UNDERSTANDING - 5 of 7
Jaycee L. Holman, City Clerk
DRAFT 01 06 15 (Erik's redlines to 12/31/14 draft)
EXHIBIT A
LAKEVIEW GOLF COURSE CAPITAL IMPROVEMENT PROJECT PROPOSAL FORM
Description of the Project
I. How does the Project enhance or improve the City's Capital
Asset?
ii. What is the expected useful life if the improvement?
iii. Is the Project an improvement to the City's real property?
iv. If the Project is not an improvement to the City's real
property, how will ownership be vested in the City?
V. List project construction team or vendor
vi. Provide task and cost breakdown
vii. Provide project timeline.
Golf Course Task Force recommendation
Date of Meeting:
City Council Motion to approve Project as rent -credit eligible
Date of Motion
Amount of rent credit authorized upon presentation of substantiation:
Year 1 (Fiscal year 201
- 201)
$
Year 2 (Fiscal year 201_
- 201_)
$
Year 3 (Fiscal year 201
- 201)
$
Year 4 (Fiscal year 201
- 201)
$
[This form is still under construction]
MEMORANDUM OF UNDERSTANDING - 6 of 7
DRAFT 01 06 15 (Erik's redlines to 12/31/14 draft)
EXHIBIT B
CAPITAL IMPROVEMENT SUBSTANTIATION AND RENT CREDIT VOUCHER FORM
[currently under development]
MEMORANDUM OF UNDERSTANDING - 7 Of 7
Meridian City Council Meeting
DATE: January 6, 2015 ITEM NUMBER: 7D
PROJECT NUMBER:
ITEM TITLE: Parks & Rec: Meridian Road Interchange
Landscape Installation Discussion
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
4-1
Ir
Q
!�
\
}/
!!§\!!}j)\}{((§§
G[G!e)\/
§#e&m,e000C)
z
»
4-1
Ir
Q
!�
4-1
Ir
Q
MIN
■
.�
�
\\
!
#§§§\/\
§#eA\e\\e/o00§/
2�a
n,,,,
MIN
■
.�
�
e#e&m,eoe,e��[/
- 101.
�
k� \
� y�I'l
m m,mw
- --- �-
...�.
7-7--�M .
&
�\
! r
!
!|4|
LLI
;!§,,,,..a
R
�.._1,,,,,eee§§l;�
a�eJa3
e#e&m,eoe,e��[/
- 101.
�
k� \
� y�I'l
m m,mw
- --- �-
...�.
7-7--�M .
&
�
;
\)
!|Po;
"
//))||
eHAC
!)])\§G,
§zl
.
)#�/
\\
\\
�
dm
J
a a
a w
N y�
W
g
Z
°d
U
O
Z
5
Q W
ZY �
U �
0
O
z gg
do
a�
0
Z
W a
Hz
Q
a
�C
8 ��r$ I% �iN i�p of Wm �a9 � x.ieii✓`
m a � rcs m z rc � �x zp4 gpc I
OF
ol
w�o a� 1`n W n`
m46j�$' of
b Y i? m� a W�6$ 1Q W m� P ZpW2
C i krceU c ae 6Pi 9 e yd i� o
a
��a m z< `uxm za3
Z s ox5oF p�& y 9 3iN 6
12
c w `w'g �x
.� i��a w b moa ik'a uu 6 ii
W � pr
ay°a g na �� u9 haw u a
O S G � xF �oy�s � mo c� Am tlm aaF iz mmi �' �i
N gNg o F� KNw pi 1 RE V�LL U �2OJ �yp ]je 2�W Zt�
Q
m...vn. aim n •�.o wn.� ti.. ra owou .o,r...•..nN.,�r.� >u.. .r vwn
°l
ro
ro
m
��
m
Y
m
v@
m
w
N
Q
0
m
UriU
°I
n
N
m
U
O
°
V
m
3
�
�
�
_
3
U
U
II
U
0
N
3
LL
J
d6
e
d
°
a
s
ga
N
tl
}.
LLUOf
yy��
/
/
m
\
vA
2
ul
85�
§)
~
(
§
)
/\§\�
!\G#/
®
U)
((
^
z
2
~
§[§
LLJ
OP
\
\
\
,
§
\
§
\
vA
2
ul
85�
~
(
§
)
®
U)
((
^
z
2
~
§[§
Meridian City Council Meeting
DATE: January 6, 2015 ITEM NUMBER: 7E
PROJECT NUMBER:
ITEM TITLE: Community Development/Building Services:
Building Official Position Update
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: January 6, 2015 ITEM NUMBER: 7E
PROJECT NUMBER:
ITEM TITLE: Resolution No. /S "/oy;?
Affirming Termination of Professional Services Agreement with Whitman & Associates for
Building Official Services by Mutual Consent of the Parties
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
CITY OF MERIDIAN RESOLUTION NO. /.�-" / o Vo -
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, ROUNTREE, ZAREMBA
A RESOLUTION AFFIRMING TERMINATION OF PROFESSIONAL SERVICES
AGREEMENT FOR BUILDING OFFICIAL SERVICES BY MUTUAL CONSENT OF THE
PARTIES.
WHEREAS, on September 25, 2012, the City of Meridian entered into a Professional Services
Agreement between Whitman & Associates, Inc. and City of Meridian for Building Oficial Services, a copy
of which is attached hereto as Exhibit ("Agreement');
WHEREAS, the services rendered pursuant to the Agreement are now provided by an employee of
the City of Meridian; and
WHEREAS, both Daunt Whitman, president of Whitman & Associates, Inc., and the Mayor and
City Council of the City of Meridian wish to terminate the Agreement by mutual consent, as stated in a letter
signed by Mayor Tammy de Weerd and Daunt Whitman dated December 22, 2014, a copy of which is
attached hereto as Exhibit B ("Letter");
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That the City Council of the City of Meridian ratifies the Letter and affirms that the
Agreement, and all addenda thereto, shall be terminated by mutual consent of the parties as of 5:00 p.m., on
Friday, January 30, 2015, pursuant to section IV(I) of the Agreement, and except as expressly specified in the
Agreement, the parties shall have no further dealings thereunder.
Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and
approval.
ADOPTED by the City Council of the City of Meridian, Idaho this 6th day of January, 2011
APPROVED by the Mayor of the City of Meridian, Idaho, this 6th day of January, 2011
RESOLUTION AFFIRMING MUTUAL CONSENT TO TERMINATE AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE I
EXHIBIT A
PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN & ASSOCIATES, INC. AND CITY OF
MERIDIAN FOR BUILDING OFFICIAL SERVICES
RESOLUTION AFFIRMING MUTUAL CONSENT TO TERMINATE AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 2
PROFESSIONAL SERVICES AGREEMENT BETWEEN
WHITMAN & ASSOCIATES, INC. AND CITY OF MERIDIAN
FOR BUILDING OFFICIAL SERVICES
This PROFESSIONAL SERVICES AGREEMENT BETWEEN WHITMAN &
ASSOCIATES, INC. AND CITY OF MERIDIAN FOR BUILDING OFFICIAL SERVICES
("Agreement") is made and entered into this 25 day of Sp a 4 Nr, 2012, by and between
Whitman & Associates, Inc. ("Contractor") whose address is 8124 W. Blackberry Court, Boise,
Idaho 83709 and the City of Meridian ("City") whose address is 33 East Broadway Avenue,
Meridian, Idaho. Contractor and City may hereafter collectively be referred to as "Parties."
WHEREAS, this Agreement is intended to clarify and supersede the version executed by
the Parties on September 4, 2012;
WHEREAS, the City is a municipal corporation created under the laws of the State of
Idaho and as such, is authorized by Idaho Code sections 39-4116(2) and 39-4116(4) to adopt
building codes and local amendments thereto, and by Idaho Code section 50-301 to enter into
contracts for the purpose of implementing such codes; and
WHEREAS, the City Council of City finds that it is in the best interest of the health,
safety, and welfare of the people of the City of Meridian to enter into this Agreement with
Contractor; and
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, Contractor and the City hereby agree and contract as follows:
I. APPOBNTMENT.
The City hereby appoints Contractor to be the City's Building Official and grants to Contractor
the duties and powers pertaining to such title as established by the 2009 International Building
Codes, local amendments thereto, any subsequently adopted versions thereof, City policy, and
this Agreement.
II. RESPONSIBILITIES OF CONTRACTOR.
A. Scope of Services. Contractor shall perform the necessary services and adhere in all
respects to the service level expectations set forth in Exhibit A, Scope of Services,
attached hereto and incorporated herein by reference.
B. Continuity of Operations. Where, as to any task performed or service provided
hereunder, Contractor is unable for any reason to meet the obligations and time
constraints set forth in Exhibit A, Scope of Services, Contractor shall engage a duly
authorized designee, who shall be: (1) authorized by Contractor to complete tasks and to
make decisions on Contractor's behalf, (2) in good standing with all relevant licensing
authorities, and (3) hold at least the minimum certifications required by section I.(D)
PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING OFFICIAL SERVICES
PAGE l OF 16
herein. Contractor shall notify the City -Contractor Liaison of any and all such
designations.
C. Contractor's Employees. Contractor's employees, designees, subcontractors, and
delegee shall be bound by all of the terms and conditions of this Agreement, including the
service level expectations set forth in Exhibit A, Scope of Services, and all qualifications
required of Contractor hereunder, except as otherwise specified in this Agreement, and
except as to clerical or administrative tasks not requiring such qualifications. Within
seven (7) business days of execution of this Agreement, and thenceforth within seven (7)
business days of hiring or reassigning personnel to provide services hereunder,
Contractor shall provide to City a list of all Contractor personnel who are employed or
otherwise assigned by Contractor to provide services under this agreement, including
such personnel's credentials and qualifications. Upon hiring or reassigning personnel to
perform services under this contract, such personnel may hold minimum certification as
required by Idaho Code section 39-4108; within thirty (30) days of hiring or reassigning
such personnel, such personnel shall be fully qualified and certified as required herein.
City may withhold its consent to such employment, designation, subcontract, or
delegation or other transfer of Contractor's rights and responsibilities under this
Agreement, when City, in its reasonable discretion, determines that the proposed
transaction would not serve the best interest of the City of Meridian.
D. Qualifications. At all times throughout the term of this Agreement, Contractor shall be
sufficiently qualified to provide services in the manner and in the timeframe established
by this provision and all provisions of this Agreement. Specifically, without limitation,
Contractor shall be in good standing with all relevant licensing authorities and shall, at a
minimum, hold the following International Code Council (ICC) certifications:
1. Within six (6) months of execution of this Agreement, ICC Certified Building
Official;
2. ICC Building Plans Examiner;
3. Within six (6) months of execution of this Agreement, ICC Residential Plans
Examiner;
4. TCC Commercial Building Inspector;
5. ICC Residential Building Inspector;
6. Any and all other certifications required by law;
E. Office Hours. Contractor shall establish regular office hours during which Contractor, or
Contractor's duly authorized designee, shall commit to being available at Meridian City
Hall during City business hours to perform administrative tasks required under Exhibit A,
Scope of Services. It is anticipated by the parties that such tasks will require
approximately eight (8) hours daily.
1 PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING OFFICIAL SERVICES
PAGE 2 OF 16
F. Cell Phone. Contractor and their employees shall maintain, at Contractor's expense, a
cellular telephone with voice mail, and shall provide the telephone numbers thereof to the
City -Contractor Liaison for City's use in administering this Agreement.
G. Prohibited Services; Conflicts of Interest. Contractor shall not perform any work
under the guise of another business entity, personally or professionally, on any property
or work that is inspected by Contractor or that falls under the inspection responsibilities
of Contractor as contemplated by this agreement. Contractor is strictly prohibited from
referring any work to Contractor, or any company with which Contractor is associated,
whether personally or professionally. Contractor's use of any City resource shall be
limited exclusively to the work related to this Agreement. Contractor shall report to the
City -Contractor Liaison any potential conflicts of interest it may have relative to a
construction project.
H. Public Records. Contractor acknowledges that all records containing information
relating to the conduct or administration of this Agreement and services provided
hereunder prepared, owned, used or retained by Contractor are public records and as such
are subject to City's records retention schedule and/or the Idaho public records act.
Contractor shall, upon request and within two (2) working days of such request, provide
requested information or records to the City Clerk's Office where such information is
maintained by Contractor in a location or format not readily accessible by City.
Contractor shall, upon request, prepare and provide to City all data collected and/or
reports prepared regarding services conducted under this Agreement.
Insurance. Contactor shall name the City as additional insured as stated in I. (1)(3)
herein only with respect to Contractor's activities performed under this Agreement. Such
insurance shall be evidenced by a certificate of insurance issued by an insurance
company licensed to do business in the State of Idaho and containing a thirty -day notice
of cancellation endorsement. Contractor shall obtain (at Contractor's sole expense) and
maintain throughout the term of this Agreement, and upon execution of this agreement
shall provide City with proof of each and all of the following insurance coverages:
Comprehensive general liability insurance with a combined single limit of not less
than one million dollars ($1,000,000) per occurrence for property damage and bodily
injury or death, naming the City of Meridian as an additional insured. In the event a
unilateral cancellation or restriction by the insurance company of the insurance policy
referred to in this paragraph, Contractor shall notify City in writing within three (3)
business days. City has the right to suspend portions of this Agreement in the City's
sole discretion if Contractor's general liability insurance is revoked, cancelled,
expires or Contractor is otherwise without general liability insurance. Contractor
shall be afforded a reasonable time to obtain insurance. If Contractor cannot obtain
insurance within a reasonable time, City may terminate this Agreement.
2. Automobile liability insurance with a combined single limit per occurrence of not less
( than five hundred thousand dollars ($500,000).
PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING OFFICIAL SERVICES
PAGE 3 of 16
3. Errors and omissions insurance for the services under this Agreement, in an amount
of not less than five hundred thousand dollars ($500,000) per occurrence, naming the
City of Meridian as an additional insured.
4. Workers compensation insurance on Contractor and all persons in Contractor's
employ in the minimum amount(s) and as required by Idaho law. This provision shall
apply to Contractor even if Contractor is acting as a sole proprietor, regardless of the
worker's compensation insurance requirements of the State of Idaho regarding sole
proprietors.
J. Compliance with Applicable Law and City Policies. Contractor shall comply with all
federal, state, City, and other laws and ordinances applicable to services performed under
this Agreement. When performing services under this Agreement, Contractor shall
adhere to all City policies pertaining to workplace conduct, including but not limited to
policies related to use of City equipment, drug and alcohol policy, computer and
electronic equipment usage, and safety. City shall provide notice to Contractor of any
amendments or modification of City ordinances adopting or amending relevant codes or
policies.
K. Electronic Equipment. City shall supply, for Contractor's use in completing tasks and
providing services under this Agreement, electronic equipment enumerated in Exhibit B,
Desktop PC and Related Equipment Issued to Contractor hereto. Any electronic
( equipment furnished by City for use by Contractor shall be utilized for the sole purpose
of conducting services enumerated under this Agreement. The use of personal electronic
equipment, other than cellular telephones is prohibited while in the office, No personal
electronic files of any kind may be stored on City -issued equipment. Contractor shall
take all necessary measures to maintain all hardware and software in good working
condition. City shall perform all necessary maintenance and repair of City -issued
equipment. Contractor shall reimburse City for the cost of any major repair or
replacement of City -issued equipment that becomes necessary due to loss, theft, or
damage, regardless of cause, except that City shall be responsible for the cost of
replacement where necessary due to internal component failure. All City -issued
equipment is and shall remain the property of City at all times during the performance of
this Agreement, and shall be immediately returned to City in good working condition
upon termination or expiration of this Agreement.
I1I, RESPONSIBILITIES OF CITU.
A. Incidental Office Supplies. City shall provide, for Contractor's use in performing
services under this Agreement, office space at Meridian City Hall, desk, computers and
other electronic equipment, telephone system, inspection tags, permit notices, business
cards, and incidental clerical staff services. City shall maintain ownership of all City
equipment provided by the City and made available to the Contractor for this purpose.
One soft -bound copy of all adopted codes will be available for shared use at Meridian
City Hall. To the extent that Contractor needs or desires additional supplies or services
PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING OFFICIAL SERVICES
PAGE 4 of 16
that are not provided by City under this Agreement, such supplies or services shall be
provided at the sole cost and expense of the Contractor.
B. City -Contractor Liaison. City shall designate a City employee to act as a City -
Contractor Liaison, which City employee shall act as the City's representative with
regard to day-to-day administrative matters related to Contractor's services under this
Agreement. City shall provide to Contractor the name, e-mail address, and telephone
number of the City -Contractor Liaison.
IV. GENERAL PROVISIONS.
A. Term. This Agreement shall become effective on October 1, 2012, and shall expire on
September 30, 2015, unless sooner terminated as provided below. Time is of the essence
in Contractor's performance of each and every obligation under this Agreement. This
Agreement term may be extended by separate written addendum, duly executed by both
parties.
B. Non -Appropriation of Funds. This Agreement shall in no way or manner be construed
so as to bind or obligate City beyond the term of any particular appropriation of funds by
Meridian City Council. The City reserves the right to terminate the Agreement if the
Meridian City Council fails, neglects, or refuses to appropriate sufficient funds as may be
required for City to continue its required performance under this Agreement. If City
Council fails to appropriate funds for this Agreement for any fiscal year then this
Agreement will terminate automatically, with no consequence to the City, on the last day
of the last fiscal year of appropriated funds.
C. Revenue Allocation. Contractor shall be entitled to the following shares of building
permit fee revenues collected by City directly relative to the specific fee schedule
adopted by the City of Meridian on the effective date of this contract. If changes or new
permit fee schedules are adopted by the City of Meridian, the contractor payments will
not be adjusted and will be payable per the fee schedules in effect on the date of the
commencement of this contract;
1. Ten percent (10%) of the first $100,000 in building permit fees collected by City
annually;
2. Five percent (5%) of the building permit fees above $100,000 collected by City
annually;
3. The contractors percentage for any permit issued for a structure valued at more than
two -million dollars ($2,000,000) shall be negotiated between the Meridian Community
Development Director or his designee, and the contractor.
D. Hourly Rate. For duties and functions expressly enumerated hereunder as billed hourly,
and only upon prior written approval of or written request for such services, Contractor
may charge City an hourly rate of no more than $50.00 per hour. City shall not be
PROFESSIONAL SERVICES AGREEMENT
FOA BUILDING OFFICIAL SERVICES
PAGE 5 of 16
obligated to pay Contractor an hourly rate for any service provided without City's prior
written approval or request.
E. Payment. Fees pertaining to services provided.under this Agreement shall be collected
by City. City shall remit Contractor's share of permit revenues collected by the City in
accordance with Exhibit C, Payment Schedule, no later than the tenth (10th) day of the
month following attainment of the specified Milestone. City shall maintain an
accounting of all permit fees and shall provide to Contractor a full accounting therefore
upon request. It is acknowledged by the parties that the City collects permit fees when
permits are issued. Contractor shall not be entitled to payment for permits already pulled
and active as of the effective date of this Agreement, though it shall provide all required
inspection and plan review services related to such permits through issuance of
Certificate of Occupancy. Contractor shall be entitled only to Contractor's allocated
share of permit revenues for inspections provided during the term of this Agreement.
F. Records. All records, including those of costs, reimbursable expenses, and payments
shall be kept to generally recognized accounting methods and standards and shall be
available to the other Party at all times.
G. Independent Contractor. In all matters pertaining to this Agreement, Contractor shall
be acting as an independent contractor, and neither Contractor nor any officer, employee
or agent of Contractor shall be deemed an employee of City in any manner or for any
purpose. Specifically, without limitation, Contractor understands, acknowledges, and
agrees;
1. Contractor is free from actual and potential control by City in the provision of
services under this Agreement.
2, Contractor is engaged in an independently established trade, occupation, profession,
or business,
3. Contractor has the authority to hire subordinates.
4. Contractor owns and/or will provide all major items of equipment necessary to
perform services under this Agreement.
5, Neither Contractor nor City shall be liable to the other for a peremptory termination
of the business relationship described under this Agreement.
6. Contractor shall be responsible for payment of any Federal or state taxes required as a
result of this Agreement.
7. Contractor shall not be entitled to any benefits generally granted to City employees.
Without limitation, but by way of illustration, the benefits which are not intended to
be extended by this Agreement to the Contractor include: vacation, holiday, sick, or
other leaves of pay; medical or dental insurance; or, retirement benefits.
PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING OFFICIAL SERVICES
PAGE 6 or 16
8. Contractor is an independent contractor for purposes of the Idaho Workers'
Compensation laws, and shall comply with all applicable Workers' Compensation
insurance requirements.
9. Substantially all necessary tools, equipment, supplies and all other administrative
support expenses will be furnished by Contractor, with the exception of the incidental
items to be furnished by City as set forth herein.
10. Contractor will not be eligible for any Federal Social Security, State Workman's
Compensation or unemployment insurance payment from the City or charged to
City's account.
H. Notice. Communication between the City -Contractor Liaison and Contractor regarding
day-to-day and administrative matters shall occur via e-mail or telephone. All other
notices required to be given by either of the parties hereto shall be in writing and be
deemed communicated when personally served, or mailed in the United States mail,
addressed respectively as follows:
City of Meridian Daunt Whitman
Attn: Development Services Manager Whitman & Associates, Inc.
33 E. Broadway Avenue 8124 W. Blackberry Court
Meridian, Idaho 83642 Boise, Idaho 83709
Either party may change its authorized representative and/or address for the purpose of
this paragraph by giving written notice of such change to the other party in the manner
herein provided.
I. Termination.
Mutual Consent. This Agreement may be terminated at any time by mutual written
consent of both Parties.
2. Best Interest of City or Contractor. City may terminate this Agreement by
providing sixty (60) business days written notice to the other party if, at any time, for
any reason, City determines that termination of the Agreement is in the best interest
of City. Contractor may terminate this Agreement by providing sixty (60) business
days written notice to the other party if, at any time, for any reason, Contractor
determines that termination of the Agreement is in the best interest of Contractor. In
the event of termination, the non -terminating party shall be entitled to compensation
for the services performed per the provisions outlined above up to the effective date
of termination.
3. Transition Period Following Termination. Upon written request of City, following
the sixty-day notice period described above, Contractor shall provide services as
described under this Agreement for an additional thirty (30) business days or for such
PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING OFFICIAL SERVICES
PAGE 7 OF 16
period as the parties may agree. During the additional thirty -day term, all provisions
of this Agreement shall apply, except that City shall compensate Contractor $50.00
per hour for each hour worked. To receive payment, Contractor shall submit to City a
detailed invoice, including time records containing date, service provided, and time
expended, recorded in 15 -minute increments. City shall provide payment to
Contractor within thirty (30) business days of receipt of invoice.
4. Changed Conditions. City may terminate or modify this Agreement, in whole or in
part, effective immediately upon delivery of written notice to Contractor, or at such
later date as may be established by City under the following conditions:
a. If federal or state regulations or guidelines are modified, changed, or interpreted
in such a way that the services are no longer allowable or appropriate for purchase
under this Agreement;
b. If any professional license, insurance, bond or certificate required by law,
regulation or this Agreement to be held by Contractor to provide the services
required by this Agreement, is for any reason denied, revoked, suspended, or not
renewed;
c. If City has evidence that Contractor in the course of its duties herein has
endangered or is endangering the health and safety of clients, residents, staff or
/ the public;
1 d. Falsification of records by Contractor;
e. Failure of Contractor to comply with the provisions of this Agreement or any
applicable Federal, state or local laws and rules.
f. If Contractor or its agents engage in fraud, dishonesty, or any other act of
misconduct in the performance of this Agreement;
g. If justified, documented complaints are made against Contractor or its agents for
failure to provide services as specified herein or failure to perform duties in a
courteous and professional manner;
h. If Contractor fails to perform any of the provisions of this Agreement, or fails to
perform work under this Agreement in accordance with its terms, and after receipt
of written notice from City fails to correct such failures within fourteen (14)
business days or other period as specified; or
i. If the City Council determines that immediate termination of the Agreement is in
the best interests of the City, including but not limited to a determination by the
City Council that the obligations under this agreement would violate Article VIII,
Section 3 of the Idaho Constitution as a result of the City's failure, neglect, or
PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING OFFICIAL SERVICES
PAGE 8 Or 16
( refusal to appropriate sufficient funds as may be required for City to continue to
perform its obligations under this agreement.
J. Time of the Essence. Time is of the essence in Contractor's performance of each and
every obligation and duty under this Agreement.
K. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or
by law shall not constitute a waiver of any other rights, remedies or provisions, whether
or not similar, nor shall any waiver in one instance constitute a waiver in any other
instance or constitute a continuing waiver. The rights and remedies provided herein are
not exclusive and are in addition to any other rights and remedies provided by law or
under this Agreement. City shall not be required to reinstate any provisions of this
Agreement following a waiver for the provision to be effective in any other instance.
L. Indemnity. Contractor shall indemnify, defend, save, and hold harmless the City and
any and all of City's officers, agents, or employees from any and all losses, claims, suits,
actions, or judgments for damages or injury to persons or property, and from any and all
losses and expenses caused or incurred by Contractor, its servants, agents, employees,
guests, and/or business invitees while on City's premises or while fulfilling Contractor's
obligations under this Agreement, except for liability arising out of concurrent or sole
negligence of City or City's officers, agents, or employees. Contractor shall indemnify,
defend, save, and hold harmless the City and any and all of City's officers, agents, or
employees from any and all losses, claims, suits, actions, or judgments for damages or
injury to persons or property, and from any and all losses and expenses caused or
incurred by Contractor, its servants, agents, employees, guests, and/or business invitees
as a result of or arising out of the work performed under this Agreement and arising from
the sole or joint negligence of Contractor.
M. Assignment. The Contractor may not subcontract, assign, or transfer any right or duty
arising hereunder without the prior written consent of the City. Any subcontractor,
transferee, or assignee shall be bound by all of the terms and conditions of this
Agreement. City may withhold its consent to assignment, succession or other transfer of
Contractor's rights and responsibilities under this Agreement, when City, in its
reasonable discretion, determines that the proposed transaction would not serve the best
interest of the City of Meridian. The provisions of this Agreement shall bind and inure to
the benefit of the parties and their respective successors and permitted assigns.
N. Severability. The invalidity or unenforceability of any particular provision of this
Agreement shall not affect the other provisions, and this Agreement shall be construed in
all respects as if any invalid or unenforceable provision were omitted.
O. Entire Agreement; Modification. This Agreement embodies the entire agreement and
understanding between the parties pertaining to the subject matter of this Agreement, and
supersedes all prior agreements, understandings, negotiations, representations, and
discussions, whether verbal or written, of the parties pertaining to that subject matter.
PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING OFFICIAL SERVICES
PAGE 9 OF 16
The Agreement may not be changed, amended, or superseded unless by means of writing
executed by both Parties hereto.
P. Nondiscrimination. Contractor agrees that it shall not discriminate against any person
in the performance of this Agreement, on the grounds of race, gender, religion, national
origin, sexual orientation, marital status, disability, or age.
Q. Survival. All provisions of this Agreement which contain continuing obligations shall
survive its expiration or termination.
R. Attorney Fees. In the event an action, suit, or proceeding, including appeal therefrom, is
brought for failure to observe any of the tends of this Agreement, the non -prevailing
party shall be responsible for the prevailing party's attorney's fees, expenses, costs, and
disbursements for said action, suit, proceeding or appeal.
S. Governing Law; Venue. This Agreement shall be governed and construed in
accordance with the laws of the State of Idaho without resort to any jurisdiction's conflict
of laws, rules or doctrines. Any claim, action, suit or proceeding between the City and
Contractor that arises from or relates to this Agreement shall be brought and conducted
solely and exclusively with the Fourth Judicial District Court of Ada County for the State
of Idaho. Provided, however, if the claim must be brought in a federal forum, then it shall
be brought and conducted exclusively within the United States District Court for Idaho.
T. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part
of this Agreement as if the exhibits were set forth in their entirety in this Agreement.
U. City Council Approval Required. This Agreement shall not become effective or
binding until approved by the Meridian City Council,
PROFESSIONAL SERVICES AGREEMENT
ITOR BUILDING OPrICIAL SERVICES
PAGE 10 oh 16
IN WITNESS WHEREOF, the parties cause this agreement to be executed as of the day
and year first above.
WHITMAN & ASSOCIATES, INC.:
Daunt Whitman, President
CITY OF MERIDIAN:
Tammy de a d, Mayor �pe WAeO' Ucp�
Attest: '7 " clry or
SEAL
aycee an, City Clerk 9'Fr
��Fle }FFFF
PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING OFFICIAL SERVICES
PAGE I 1 OF 16
EXHIBIT A
SCOPE OF SERVICES
Overview: Contractor shall provide Certified Building Official oversight for any and all
building projects in the City of Meridian, to ensure compliance with all current codified or
ordained codes of the City.
I. SERVICES PROVIDED BY CONTRACTOR.
A. Plan Review. Contractor provides oversight of the plan review process, including but
not limited to coordination of plan reviews with City Community Development staff,
City Public Works staff, and appropriate fire marshals. Contractor ensures appropriate
plan reviews are performed before permits are issued.
B. Certification of Project Value. Contractor shall review and approve initial and final
Certificates of Valuation for all projects to ensure accurate valuation. Contractor shall
collaborate with Building Plans Examiner to compute plan review fees and establish total
building permit fees prior to permit issuance and certificate of occupancy issuance.
C. Fast Track Certificate of Occupancy Applications. Contractor shall review all
applications, and recommend for approval or rejection to the City -Contractor Liaison,
This review and recommendation shall be completed by the Contractor within three (3)
( business days after receipt of complete application. This will include historical research
to determine use change, occupancy type, fire protection, and occupant load.
D. Field Inspections. Contractor provides oversight of the field inspection process,
including but not limited to; Building, Mechanical, Electrical, Plumbing, and Fire
disciplines. Ensures appropriate field inspections are performed.
E. Computerized Permit Tracking Programs. Contractor shall utilize the Accela
Software provided by City to provide oversight of timelines and data entry related to plan
review and inspection workflows. Contractor shall also conduct research of archived
information as needed for departmental needs.
F. Administrative Tasks. During Contractor's office hours at Meridian City Hall,
Contractor or his designee shall be available to take phone calls, respond to voice mail
and e-mail messages, answer questions, and attend meetings upon request of, as needed,
or as scheduled by City. Contractor shall respond to voice mail and e-mail messages
within one (1) business day.
G. Code Amendments and Technological Advancement. Contractor shall be the primary
lead to prepare and provide recommendations to the City -Contractor Liaison for all new
code adoptions and local amendments. Contractor shall monitor legislation and technical
developments that may affect the building industry. This shall include, but not be limited
to attending meetings, conferences, workshops, and training sessions to become and
PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING OFFICIAL SERVICES
PAGE 12 GF 16
remain current on principles, practices, and new developments.
H. Code Compliance and Enforcement. Contractor shall lead the effort assisting the City
in enforcing appropriate ordinances, and other ordinances related to land use, building
sites, building uses and violations. Contractor shall provide written report to the City of
Meridian City -Contractor Liaison any observed violations of City Code of which
Contractor has knowledge as well as the current International Building Codes adopted by
City. Contractor shall, where appropriate, post "Stop Work" order and "Not Approved
for Use and Occupancy" notices. Contractor shall collaborate with City personnel on the
investigation and enforcement of civil and/or criminal penalties for uncorrected
violations. Contractor shall send appropriate legal letters, email and other
correspondence necessary,
II. SERVICE LEVEL EXPECTATIONS.
A. Professionalism. When performing services under this Agreement, Contractor shall be
professional in demeanor and in conduct, and to that end shall at all times:
1. Display a City -issued photo identification badge.
2. Provide a City -issued business card during field inspections, as appropriate.
3. Dress professionally. While performing services for the City of Meridian, the
Contractor, its subcontractors, if any, and all employers working under this contract
shall not advertise on clothing or vehicles (logos, graphics, etc.) any business other
than Whitman & Associates, Inc.
4. Wear appropriate clothing and safety gear to protect from personal injury,
B. CARE Principles. City expects all contract personnel, including Contractor, to in good
faith and to the extent reasonably required perform services in accordance with the City's
four organizational values and corresponding behaviors, identified by the City as
significant and vital to the success of the City as a whole: Customer Service,
Accountability, Respect, and Excellence.
1. Customer Service: Contractor is asked to respond to customers in a genuine,
positive, and timely manner; presenting a polite and approachable persona;
maintaining composure under difficult circumstances; sharing information regarding
the customer's concerns; and following up with customers.
2. Accountability: Contractor acknowledges that each of us is responsible for our own
work, choices, and actions. Contractor personnel are asked to be responsible for their
actions; actively participate as a team member; make legal and ethical decisions; and
provide accurate and current information regarding expectations, priorities, and
accomplishments.
PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING OFFICIAL SERVICES
PAGE 13 of 16
3. Respect: Contractor personnel are asked to be trustworthy and courteous;
acknowledge and accept people with diverse opinions and backgrounds; treat all
customers and co-workers fairly, equally, and as you would want to be treated; and
avoiding gossip or passing information of a confidential or private nature.
4, Excellence: Contractor personnel are asked to be professional, flexible, and
adaptable to community needs; to increase efficiency as well as effectiveness by
looking for ways to improve processes; and to provide feedback regarding processes
or proposed changes.
PROFESSIONAL SERVICES AGREEMENT
FOR BUILDINO OFFICIAL SERVICES
PAGE 14 OF 16
EXHIBIT B
DESK TOP PC AND RELATED EQUIPMENT ISSUED TO CONTRACTOR
PC
PROFESSIONAL SERVICES AGREEMENT
FOR BUILDING OFFICIAL SERVICES
PAGE 15 of 16
EXHIBIT C
PAYMENT SCHEDULE
BUILDING OFFICIAL - PAYMENT SCHEDULE
Type of Permit
Milestone
Amount to be paid
Commercial — New
Permit issuance
70% of fees due Contractor
Commercial — TI
Commercial — Shell Only
Commercial - Multi -Family
Residential — New
Residential — Multi-Fanvly
Issuance of Certificate of
30% of fees due Contractor
Occupancy
All other permit types
Permit issuance
100% of fees due Contractor
PROFESSIONAL, SERVICES AGREEMENT
FOR BUILDING OFFICIAL SERVICES
PAGE 16 of 16
EXHIBIT B
DECEMBER 22, 2014 LETTER STATING MUTUAL CONSENT TO TERMINATION OF AGREEMENT
RESOLUTION AFFIRMING MUTUAL CONSENT TO TERMINATE AGREEMENT FOR BUILDING OFFICIAL SERVICES PAGE 19
Mayor Tammy de Weerd
T T T A N city Council Members:
1 ,L■1((,11 Keith Bird Joe Boston
Luke Cavener Genesis Milan
IDAHO Charlie Rountree David Zaremba
December 22, 2014
Daunt Whitman
Whitman & Associates
8124 W Blackberry Court
Boise, Idaho 83709'
RE: Termination of Professional Services Agreement for Building Official Services
Dear Daunt:
As you and Development Services Manager Bruce Freckleton have discussed, the
September 25, 2012 Professional Services Agreement between Whitman Associates, Inc, and
City of Meridian for Building, Official Services will be terminated by mutual written consent. of
the parties as of 5:00 p.m. on Friday, January 30, 2015.
Both the September 4,120,1 2 Professional Services Agreement between Whitman &
Associates, Inc. and City of Meridian for Building Inspecrion Services and the September -4;
2012 Professional Services Agreement between Whitman & Associates, Inc, and City of
Meridian for Building Plans Examiner Services will remain in full force and effect.
Please indicate your consent to the :date of termination by mutual. consent by signing
below and returning the original letter to me by 5:00 p.m. on Monday, December 22, 2014
Thatiltyou for your years of service to the City of Meridian as our Building Official.
Since ely�—
T y e Weerd
Mayor'
I;hereby consent to the mutually agreed-upon termination date o I f the September 25 2012
&A.isional'Services Agreement, between Whitman& Associates, Inc. and City of Meridian for
wilding Official Services as set forth above.
A''8- Daunt Whtmaztl
Whitman & Associates
Office of the Mayor . 33 E. Broadway Avenue, Suite "300. Meridian, ID 83642
Phone 208-489-0529 . Fax 208-884-8119 . www.marldiancity.org
Meridian City Council Meeting
DATE: January 6, 2015 ITEM NUMBER: 8A
PROJECT NUMBER: AZ 14-011
ITEM TITLE: Ordinance No. / -.>-
An Ordinance (AZ 14-011 Jump Creek Subdivision) For Annexation And Rezone Of A
Parcel Of Land Located In The East'/2 Of The East 1/2 Of Section 28, Township 3 North,
Range 1 West, Boise Meridian, Ada County, Idaho; Establishing And Determining The
Land Use Zoning Classification Of Said Lands From RUT To R-8 (Medium Density
Residential District) And R-15 (Medium - High Density Residential District) In The Meridian
City Code; And Providing For A Waiver Of The Reading Rules; And Providing An
Effective Date
MEETING NOTES
r
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN ORDINANCE NO. /S— / 6 35
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, ROUNTREE, ZAREMBA
AN ORDINANCE (AZ 14-011 JUMP CREEK SUBDIVISION) FOR ANNEXATION
AND REZONE OF A PARCEL OF LAND LOCATED IN THE EAST 1/2 OF THE EAST'/: OF
SECTION 28, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY,
IDAHO, AS DESCRIBED IN ATTACHMENT "A" AND ANNEXING CERTAIN LANDS AND
TERRITORY, SITUATED IN ADA COUNTY, IDAHO, AND ADJACENT AND
CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS
REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE
LAND USE ZONING CLASSIFICATION OF SAID LANDS FROM RUT TO R-8 (MEDIUM
DENSITY RESIDENTIAL DISTRICT) AND R-15 (MEDIUM — HIGH DENSITY
RESIDENTIAL DISTRICT) IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES
OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE
ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS
REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND
PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY
OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO:
SECTION 1. That the following described land as evidenced by attached Legal Description
herein incorporated by reference as Exhibit "A" are within the corporate limits of the City of Meridian,
Idaho, and that the City of Meridian has received a written request for annexation and re -zoning by the
owner of said property, to -wit: JRL Properties.
SECTION 2. That the above-described real property is hereby annexed and re -zoned from
RUT to R-8 (Medium Density Residential District) and R-15 (Medium -High Density Residential
District), in the Meridian City Code.
SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the
Ordinances of the City of Meridian to annex and zone said property.
SECTION 4. That the City has complied with all the noticing requirements pursuant to the
laws of the State of Idaho, and the Ordinances of the City of Meridian to annex and re -zone said
property.
ANNEXATION — JUMP CREEK SUBDIVISION (AZ 14-011) Page 1 of 3
SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well
as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of
the City of Meridian in accordance with this ordinance.
SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are
hereby repealed, rescinded and annulled.
SECTION 7. This ordinance shall be in full force and effect from and after its passage,
approval and publication, according to law.
SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the
effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a
draftsman manner, including the lands herein rezoned, with the following officials of the County of
Ada, State of Idaho, to -wit: the Recorder, Auditor, Treasurer and Assessor and shall also file
simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State
of Idaho.
SECTION 9. That pursuant to the affirmative vote of one-half (1/2) plus one (1) of the
Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in
full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force
and effect upon its passage, approval and publication.
PASSED BY T CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this
day of , 201/ 5
/-APPROVED Y THE MA OR OF THE CITY OF MERIDIAN, IDAHO, this
U day of , 201/.5
ANNEXATION —JUMP CREEK SUBDIVISION (AZ 14-011) Page 2 of 3
STATE OF IDAHO, )
) ss:
County of Ada )
On this (P day of , 2Gn, 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 year first above written.
(SEAL); •�g1CA JO'•. NOTARY PUB AHO
5� T,g� �N RESIDING AT:r�\cit
MY COMMISSION EXPIRES: , 2�ao
'� 'AC�BLIG
�•%,� OF tn)N" •
ANNEXATION — NMP CREEK SUBDIVISION (AZ 14-011) Page 3 of 3
EXHIBIT A
Legal Descriptions for the Annexation
August 1, 2014
DESCRIPTION FOR
R-8 ZONING
JUMP CREEK SUBDIVISON
A parcel of land located in the East 1/2 of the East 1/2 of Section 28, Township
4 North, Range 1 West, Boise Meridian, Ada County, Idaho being more particularly
described as follows:
Commencing at the Southeast corner of said Section 28 from which the East
1/4 corner of said Section 28 bears North 00°31'08" East, 2637.33 feet;
Thence along the South boundary line of said Section 28 North 89°16'45" West,
323.00 feet to the REAL POINT OF BEGINNING;
Thence continuing North 89°16'45" West, 994.68 feet to the East 1/16 corner of
said Section 28 and Section 33 of said Township 4 North, Range 1 West;
Thence leaving said South boundary line and along the West boundary line of
the East 1/2 of the East 1/2 of said Section 28 North 00937'35" East, 2635.75 feet to
the C -E 1/16 corner of said Section 28;
Thence continuing along said West boundary line North 00'36'01" East, 214.65
feet;
Thence leaving said West boundary line South 89021'48" East, 841.14 feet;
Thence South 00°38'12" West, 100.83 feet;
Thence South 10°26'06" West, 26.01 feet;
Thence 126.12 feet along the arc of a non -tangent curve to the right having a
radius of 100.00 feet, a central angle of 72°15'37", and a long chord which bears South
43°26'06" East, a distance of 117.92 feet;
Thence South 07018'17" East, 91.84 feet;
Thence 81.87 feet along the arc of a non -tangent curve to the right having a
radius of 600.00 feet, a central angle of 07049'06", and along chord which bears North
86°36'16" East, a distance of 81.81 feet;
Thence South 89029'11" East, 300.00 feet to a point on the East boundary line
of said Section 28;
Thence along said East boundary line South 00031'08" West, 1899.02 feet;
Thence leaving said East boundary line North 89018'27" West, 248.49 feet;
Thence 31.53 feet along the arc of a curve to the left having a radius of 300.00
feet, a central angle of 06°01'17", and a long chord which bears South 87040'55' West,
Jump Creek Subdivision — AZ -14-011
EXHIBIT A
a distance of 31.51 feet;
Thence South 84040'16" West, 90.13 feet;
Thence 30.62 feet along the arc of a curve to the right having a radius of
300.00 feet a central angle of 05050'52", and a long chord which bears South
87035'42" West, a distance of 30,61 feet;
Thence North 89628'52"West, 47.80 feet;
Thence North 00031'08" East, 539.00 feet;
Thence North 89018'27" West, 672.40 feet;
Thence 78.60 feet along the arc of a curve to the left having a radius of 50.00
feet, a central angle of 90°03'58", and a long chord which bears South 45039'34" West,
a distance of 70.75 feet;
Thence South 00037'35" West, 247.37 feet;
Thence 29.58 feet along the arc of a curve to the right having a radius of
300.00 feet, a central angle of 05038'59", and a long chord which bears South
03027'04" West, a distance of 29.57 feet;
Thence South 06016'34" West, 173.36 feet;
Thence 29.65 feet along the arc of a curve to the left having a radius of 300.00
feet, a central angle of 05°39'48", and a long chord which bears South 03°26'40" West,
a distance of 29.64 feet;
Thence South 00036'46" West, 205.96 feet;
Thence South 89016'45" East, 743.77 feet;
Thence South 00031'08" West, 250.00 feet;
Thence South 89016'45" East, 125.00 feet;
Thence South 00°31'08 West, 198.00 feet to the REAL POINT OF
BEGINNING. Containing 64.63 acres, more or less.
Jump Creek Subdivision—AZ-14-011
EXHIBIT A
August 1, 2014
DESCRIPTION FOR
R-15 ZONING
JUMP CREEK SUBDIVISON
A parcel of land located in the East 1/2 of the East 1/2 of Section 28; Township
4 North, Range 1 West, Boise Meridian, Ada County, Idaho being more particularly
described as follows:
BEGINNING at the Southeast corner of said Section 28 from which the East
1/4 corner of said Section 28 bears North 00°31'08" East, 2637.33 feet;
Thence along the South boundary line of said Section 28 North 89°16'45" West,
323.00 feet;
Thence leaving said South boundary line North 00031'08" East, 198.00 feet;
Thence North 89016'45" West, 125.00 feet;
Thence North 00031'08" East, 250.00 feet;
Thence North 89°16'45" West, 743.77 feet;
Thence North 00°36'46" East, 205.96 feet;
Thence 29.65 feet along the arc of a curve to the right having a radius of
300.00 feet, a central angle of 05039'48", and a long chord which bears North
03°26'40" East, a distance of 29.64 feet;
Thence North 06°16'34" East, 173.36 feet;
Thence 29.58 feet along the arc of a curve to the left having a radius of 300.00
feet, a central angle of 05°38'59'; and a long chord which bears North 03°27'04 East,
a distance of 29.57 feet;
Thence North 00037'35" East, 247.37 feet;
Thence 78.60 feet along the arc of a curve to the right having a radius of 50.00
feet, a central angle of 90003'58", and a long chord which bears North 45°39'34" East,
a distance of 70,75 feet;
Thence South 89018'27" East, 672.40 feet;
Thence South 00031'08" West, 539.00 feet;
Thence South 89028'52" East, 47.80 feet;
Thence 30.62 feet along the arc of a curve to the left having a radius of 300.00
feet, a central angle of 05°50'52", and a long chord which bears North 87035'42" East,
a distance of 30.61 feet;
Jump Creek Subdivision — AZ -14-011
EXHIBIT A
Thence North 84°40'16"East, 90.13 feet;
Thence 31.53 feet along the arc of a curve to the right having a radius of
300.00 feet, a central angle of 06001'17", and a long chord which bears North
87°40'55" East, a distance of 31.51 feet;
Thence South 89018'27" East, 248.49 feet to a point on the East boundary line
of said Section 28;
Thence along said East boundary line South 00031'08" West, 657,56 feet to the
REAL POINT OF BEGINNING. Containing 18.49 acres, more or less.
AND ALSO:
BEGINNING at the East 1/4 corner of said Section 28 from which the
Southeast corner of said Section 28 bears South 00°31'08" West, 2637.33 feet;
Thence along said East boundary line South 00°31'08" West, 80.75 feet;
Thence leaving said East boundary tine North 89°29'11" West, 300.00 feet;
Thence 81,87 feet along the arc of a curve to the left having a radius of 600.00
feet, a central angle of 07°49'06", and a long chord which bears South 86°36'16" West,
a distance of 81.81 feet;
Thence North 07018'17" West, 91.84 feet;
Thence 126.12 feet along the arc of a curve to the left having a radius of 100.00
feet, a central angle of 72°15'37", and a long chord which bears North 43°26'06" West,
a distance of 117.92 feet;
Thence North 10026'06" East, 26.01 feet;
Thence North 00038'12" East, 100.83 feet;
Thence South 89021'48" East, 471.16 feet to a point on the East boundary line
of said Section 28;
Thence along said East boundary line South 00'29'04" West, 215.00 feet to the
REAL POINT OF BEGINNING. Containing 2.94, more or less.
Jump Creek Subdivision — AZ -14-011
EXHIBIT B
.Op
5 89'21'48 E 1312.30' Ory^y
841.14'
M .} 112- R- /5
p CI 0� 2.94 ACRES 1/4
Z C -E -1__.-_28 27
1 1/16 C6 LIO`y
l 1
1 l
In I
^ m
IV -8
64.6364.63 ACRES �l
I 1
�1 I
Ml M 0:
N lM Q
1 1w
S -E I S1/16� Q
1/16 Y 5.89'18'27' E -I
u 0]
wl Vh�_ __ 67240'__ 13z
Nl
R -B p m
M nl IWO a m
M 1 o .lo
I'� p
pl to m
1 �I, Ivy, Jim
Sri
I Oy
R -/B Lg
°0 C1�'� X18 i9 ACRES-11L1---
��I
'N 691645' W �
74377' nj-oil
L2 'I '' I
7,1, 28 27
.323.02
3 00'
E1/16 N 89 16'45" W 1317,68' 33 34
W. McMILLAN RD
CURVE TABLE
CURVE
RADIUS
LENGTH
CHORDCHORD BRG.
DELTA
C7
300.00'
29,65'
29.64' N 03`2"6'40".E
539'48"
C2
1'300.00'
1 29.58'
29.57' N 03"27'04" E
5'38'59"
C3
50.00'
78.50'
70.75' N 45'39'34".E
.90'03'58"
C4
300.00'
30.62'
30.61'_ N 87'35'42" E
5'50'52''
C5
300.00'
31:53'..
31:51. IN 87'40'55" E
6'01'17"...
C6
600.00'
81.87'
-81.81'` 5 Wm" W
7'49'06"
C7
100.00'
126,12'
.117. 2' N 43'26'06" PJ
-72715'37-
14W a WATFRTOWFR 87.
SURVEY MEIRID". 1O 11N 12
GROUP, P.C. J2"1""m
Jump Creek Subdivision — AZ 14-011
JUMP
250 1000
0 500
SCALE: 1" = 500'
R-15 & R-8
LINE TABLE
ILINEI
BEARING
ILENGTH
Lt
N-0031'08" E1
198.00'
L2
N 89'16'45" W
125.00`.
L3
N"00'31'08" E
250.00'
N 00'36'46" E
205.96'
N. 06'16'34".E.
173.36'N'00'37'35"
E
247.37'
d
S -89'28'52" E
47.80'
N $4'40'16".E.
90,13'
S $9'18'27" E
248.49'
N.'89'29'11" -W
300.00'
111
N 07'18'17".W
91.84'
L12
N 10'26'06" E
26.01'
L13
N`.00'38'12". E
1 100.83'-
R-15 & R-8
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 11 / �5
PROVIDING FOR ANNEXATION AND ZONING ORDINANCE
An Ordinance of the City of Meridian granting annexation and zoning for a parcel
of land located in the East %2 of the East '/2 of Section 28, Township 4 North, Range 1
West, Boise, Ada County, Idaho. This parcel contains 64.63 acres more or less. Also,
this parcel is SUBJECT TO all easements and rights-of-way of record or implied. As
surveyed in attached exhibit `B" and is not based on an actual field survey. A full text of
this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Broadway Avenue, Meridian, Idaho. This ordinance shall become effective on the (� `
day of 20161'.5 .
City of Meridian
Mayor and City Council
By: Jaycee L. Holman, City Clerk
First Reading: 1-4, -1S
Adopted after first reading by suspension of the Rule as allowed pursuant to Idaho Code
§50-902: YES ✓ NO
Second Reading: --
Third Reading:
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF
SUMMARY OF ORDINANCE NO. �- 1035
The undersigned, William L.M. Nary, City Attorney of the City of Meridian,
Idaho, hereby certifies that he is the legal advisor of the City and has reviewed a copy of
the attached Ordinance No. /i35 of the City of Meridian, Idaho, and has found
the same to be true and comAte and provides adequate notice to the public pursuant to
Idaho Code § 50-901A (3).
DATED this � day of 201/5
William. L.M. Nary
City Attorney
ORDINANCE SUMMARY - NMP CREEK SUBDIVISION (AZ 14-011)
Meridian City Council Meeting
DATE: January 6, 2015 ITEM NUMBER: 9
PROJECT NUMBER:
ITEM TITLE: Future Meeting Topics
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
EMAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS