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2015-02-24CiWE IDIAN CITY COUNCIL REGULAR IDAHO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho AMENDED AGENDA Tuesday, February 24, 2015 at 6:00 PM Roll -Call Attendance X David Zaremba X_ Joe Borton X Charlie Rountree O Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Larry Woodard with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approve Minutes of February 3, 2015 City Council Meeting B. Approve Minutes of February 10, 2015 City Council Workshop Meeting C. Final Order for Approval: FP 14-046 Jump Creek by Kent Brown Located Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of SixtyOThree (63) Single Family Residential Lots and Eleven (11) Common Lots on Approximately 16.68 Acres in the R-8 and R-15 Zoning Districts D. Final Order for Approval: FP 15-002 Coleman by Wal-Mart Real Estate Business Trust Located Norwest Corner of N. Ten Mile Road and W. McMillan Road Request: Final Plat Approval Consisting of Five (5) Commercial Lots on Approximately 26.08 Acres in the C -G Zoning District E. Final Order for Approval: FP 15-003 Ventana Commons Subdivision by Ventana, LLC Located East Side of N. Meridian Road Approximately 1,000 Feet North of E. McMillan Road Request: Final Plat Approval Consisting of Seventy (70) Single Family Residential Lots and Five (5) Common Lots on Approximately 18.21 Acres in the R-8 Zoning District Meridian City Council Meeting Agenda —Tuesday, February 24, 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. Acceptance Agreement: Display of Artwork of Breesha Rath in Initial Point Gallery from December 4, 2015 to January 8, 2016 G. Professional Services Agreement With Treasure Valley Youth Theater for an Amount Not -to -Exceed $5,000.00 H. Award of Bid and Approval of Agreement to Schmidt Construction Co., Inc. for the "NW 8th STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LANE" project for a Not -To -Exceed amount of $345,383.20. Resolution No. 15-1049: To Destroy Certain Semi -Permanent Records of the Information Technology Department J. Resolution No. 15-1050: A Resolution Declaring Surplus Fire Hose and Approving Donation of Fire Hose to Kuna Rural Fire District Items Moved From Consent Agenda None Department Reports A. Mayor's Office: Resolution No. 15-1051: A Resolution Re -Appointing Mary Jensen to Seat 2 of the Meridian Arts Commission Approved B. Community Development: Multipurpose and Event Center Project C. City Council: Discuss Upcoming Budget and Participatory Budget Pilot Project Future Meeting Topics None 9. Executive Session Per Idaho State Code 67-2345 (1)(c)(d)(f): (c) To Conduct Deliberations Concerning Acquiring an Interest in Real Property, Which is Not Owned by a Public Agency; (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 7:13 p.m. Out of Executive Session at 9:03p.m. Adjourned at 9:03 p.m. Meridian City Council Meeting Agenda — Tuesday, February 24, 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 February 24, 2015 A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, February 24, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Joe Borton, David Zaremba, Charlie Rountree, Genesis Milam and Luke Cavener. Members Absent: Keith Bird. Others Present: Bill Nary, Jacy Holman, Bruce Chatterton, Bill Parsons, Sonya Watters, Jamie Leslie, Perry Palmer, Steve Siddoway and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X _ Joe Borton X__ Charlie Rountree __ Keith Bird __X__ Genesis Milam __X___ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: I'd like to welcome you to the City Council meeting. We appreciate you joining us this evening. For the record it is Tuesday, February 24th. It's 6:00 o'clock. Madam Clerk, will you call roll. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Community Invocation by Larry Woodard with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Larry Woodard. He is with Ten Mile Christian Church. We see that they sent in fresh legs; right? Woodard: Fresh legs. Yes. De Weerd: Thank you for joining us. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Woodard: Yeah. Well, thank you for having -- having us and I appreciate the practice of having the faith community lead your Council meetings. I think that's a tribute to you. Meridian City Council February 24, 2015 Page 2 of 23 Let's pray. Our Dear Heavenly Father, I pray tonight for our nation, our state, and, more importantly, this group of city leaders who lead us. Meridian is in good hands with these leaders, but leaders need your guidance and on a daily basis. I ask that you give them good health and wisdom as they deliberate on matters that will affect this city for years to come. When they leave tonight I pray you will give them a good night's sleep and that as they face new challenges tomorrow your guiding hand will be with them. I pray for our schools, as the number of children continue to rise in our city and our school facilities are now overcrowded. I ask that the citizens band together next March to raise the funds for new schools and expansion of existing ones. The school leaders have done their part. I pray that the citizens now will do their part. I sense a rise in violent crime in our city. Much of it brought on by drugs. I pray tonight for our law enforcement members who work night and day to protect us and many who go the extra mile to insure our comfort and safety. As I minister to seniors in this city I find a rising apprehension about the future of our nation and I just pray that our nation will be in good hands as we see the world around us kind of unravel. One cannot drive around Meridian without noting the tremendous growth in building and road construction and we thank you for the growth as people find this city a great place to raise their children. In closing I thank you for the bright future ahead for Meridian because of leaders like this, in Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you, Larry. Item No. 4 is the adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Item 5-I on the agenda, the resolution number is 15-1049. Item 5-J, the resolution number is 15-1050. On Item 7-A the resolution number is 15-1051. And with those additions, Madam Mayor, I move that we approve the agenda. Cavener: Second. De Weerd: I have a motion and a second to approve the agenda. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of February 3, 2015 City Council Meeting B. Approve Minutes of February 10, 2015 City Council Workshop Meeting Meridian City Council February 24, 2015 Page 3 of 23 C. Final Order for Approval: FP 14-046 Jump Creek by Kent Brown Located Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of Sixty-Three (63) Single Family Residential Lots and Eleven (11) Common Lots on Approximately 16.68 Acres in the R-8 and R-15 Zoning Districts D. Final Order for Approval: FP 15-002 Coleman by Wal-Mart Real Estate Business Trust Located Norwest Corner of N. Ten Mile Road and W. McMillan Road Request: Final Plat Approval Consisting of Five (5) Commercial Lots on Approximately 26.08 Acres in the C-G Zoning District E. Final Order for Approval: FP 15-003 Ventana Commons Subdivision by Ventana, LLC Located East Side of N. Meridian Road Approximately 1,000 Feet North of E. McMillan Road Request: Final Plat Approval Consisting of Seventy (70) Single Family Residential Lots and Five (5) Common Lots on Approximately 18.21 Acres in the R-8 Zoning District F. Acceptance Agreement: Display of Artwork of Breesha Rath in Initial Point Gallery from December 4, 2015 to January 8, 2016 G. Professional Services Agreement With Treasure Valley Youth Theater for an Amount Not-to-Exceed $5,000.00 H. Award of Bid and Approval of Agreement to Schmidt Construction Co., Inc. for the “NW 8th STREET SEWER TRUNK MAIN – PHASE 3 BROADWAY TO CHERRY LANE” project for a Not-To-Exceed amount of $345,383.20. I. Resolution No. 15-1049: To Destroy Certain Semi-Permanent Records of the Information Technology Department J. Resolution No. 15-1050: A Resolution Declaring Surplus Fire Hose and Approving Donation of Fire Hose to Kuna Rural Fire District De Weerd: Item 5 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda with the previous additions. Authorize the Clerk to attest and the Mayor to sign. Meridian City Council February 24, 2015 Page 4 of 23 Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Madam Clerk, will you call roll. Roll Call: Bird, absent; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Department Reports A. Mayor's Office: Resolution No. 15-1051: A Resolution Re- Appointing Mary Jensen to Seat 2 of the Meridian Arts Commission De Weerd: So, we will move right into 7-A. Council, we have a resolution in front of you, 15-1051, reappointing Mary Jensen to Seat 2 of the Meridian Arts Commission and I would appreciate your confirmation of this appointment. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve Resolution No. 15-1051 reappointing Mary Jensen to Seat 2 of the Meridian Arts Commission. Cavener: Second. De Weerd: I have a motion and a second to approve Item 7-A. If there is no discussion, Madam Clerk. Roll Call: Bird, absent; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Meridian City Council February 24, 2015 Page 5 of 23 B. Community Development: Multipurpose and Event Center Project De Weerd: Item 7-B is under our Community Development Department and I will turn this over to Bruce Chatterton. I will note that we give him a yoeman's job in his two and a half weeks of bringing this proposal back. Chatterton: Madam Mayor and Council Members, I guess we will call this two and a half weeks later. Thanks for giving me the extra half week. As you will remember, earlier this month Sean Garritson from Pegasus set out some goals for some important projects for our downtown. Ultimately these are projects which not only help to implement our downtown master plan Destination Downtown, but they would help to -- they are catalyst projects for economic development as well. So, what I want to do tonight -- really there are just two topics of discussion. First talk about what we would include in a request for proposals to the development community. Wanted to get your thoughts on that. What you're going to be seeing is not really an outline of an RFP, it's a list of considerations that we have been vetting with a lot of the stakeholders we have been talking to and with the chamber steering committee for this project. Then I want to pause and see if I have left anything out, if there is anything that you feel needs to be emphasized, and, then, I'm going to get into the schedule and, once again, pause and ask if -- does that schedule make sense given the -- the scope of the request for proposals. So, in an RFP for this multi-use center, which, of course, is a conference center, a hotel, and a performing arts center, we would need to take each of those very important uses and basically say to the developer that is -- this is what they are trying to achieve. In addition to that we have the Ventures Lab and that project needs to be accommodated and any development program on the two blocks that we are contemplating. Because it's early out of the gate and should not suffer because of that. It's a very exciting project, which we hope to be opening hopefully by the end of May. And the other stated goal of the request for proposals is to implement Destination Downtown and our economic development strategy. So, we would be including those documents. Destination Downtown, economic development strategy, and, of course, the multi-use center project development plan, which you heard presented earlier this month. In the RFP we want to clarify -- and this is -- this is very, very important. There are lots of developers that would love to come in and for a fee build something for us. For a fee manage something for us. That's not what we are looking for. We are looking for development partners that see a way to make money. Otherwise, of course, why would they respond to this RFP and they need to have that financial participation and skin in that game. It can't be just as if we had enough money to do this; right? It can't be just paying someone for these services. In the RFP we need to describe -- so, we would include the multi -- the multi -- sorry. It's the multi-use center development plan and we describe what we are bringing to the table. At the moment we have three publicly owned parcels between the city and MDC. W e hope by the time the RFP is issued to have some idea of what the philanthropic money would be in this deal for the performing arts center component. And, then, we also want to talk about a further funding strategy. The Meridian Auditorium District, which, of course, doesn't exist yet Meridian City Council February 24, 2015 Page 6 of 23 and so we don't want to overpromise on that. It would be very obvious that we don't have one as yet, but getting there could really help further development of these ideas for the downtown. So, it's something that -- that is out there and it is significant. And also other things such as assistance with land assembly and between now and when we issue this RFP in June are there other resources that the city, the public in general, and the community in general would want to include. We are going to have further conversations, so there could be some more out there. Not ready to include any of that right now. We need to know the usual sorts of things you do with an RFP. If you're proposing, what is your team's strengths? What similar projects have you done? What's your financial wherewithal as a development team? And we need a detailed pro forma and that would include whatever private funding the development team is bringing to the table. We would want to see what the cash flow would be throughout the life of the development project. At least under the life of the construction project. If the developer continues to be involved we would want to see how they intend to make money on this project. And, then, finally -- and this is very important for us to leave this to the end. Developer, given what we bring to the table, what our goals are, how can you achieve this and is there a financial gap at the end of the day and what additional resources would you be looking for from -- from any source, the public or otherwise. The good thing about that is that we get a very clear picture of what we are getting for any further participation. So, we leave that -- that part to last. Any further participation would be to bridge that gap. What is that gap? What do you expect from us? Some other things that we need to have in the RFP. We want to know if we are right that this is a good use of mixes. Are these uses feasible financially and physically in terms of the developer's experience with similar projects. And if it's not feasible, we will learn that through the RFP process. Some -- perhaps it's possible that someone would say, well, we don't -- not really interested in doing the performing arts center and as we discussed a couple weeks ago, it would be possible for the performing arts center to move on its own track and not be on the same construction track as a hotel, conference center. We would also want to know what additional development, if any, you would be proposing and this could be key, because if the developer wants to build a parking garage or additional retail, urban housing, which would, you know, be fantastic if it's properly designed and done. Spec office or office say for someone like the Chamber of Commerce to occupy. That could help bridge that gap. That is there is more ways for a developer to make money and, therefore, reduce any potential gap that might have to be made up by the public. So, we really want them to get creative here and in talking with -- especially some folks from the architecture community, they -- a couple of comments. You know, we have clients around the country and internationally that love this kind of problem. That would love to work it. So, the challenge is going to be getting this into the hands of developers like that. We want to see what their proposal is for the size and massing of uses, including that conference center and the hotel. We want to see how big the hotel is going to be. We haven't really talked about how many rooms. What would the massing of it be. We have said conceptually that we think that we know we can support from the data a conference center of up to 36,000 square feet. Are we wrong with that? Is the developer bringing information or insight that would say, no, it needs to be a different size and that we feel that we can -- we can make a go with a smaller conference center perhaps. And we want the developer to tell us how that Meridian City Council February 24, 2015 Page 7 of 23 conference center can be reserved for the use of the public. It can't be just used to fill up rooms in the hotel. There has to be -- since this is a public-private partnership of sorts, we need to have a conference center available for the public to fulfill that need and not just to fill rooms. We want both things to happen. We want those rooms to be full and we want the conference center to be utilized and so eliminate those potential conflicts with the hotel ownership and we want to see their schedule. So, that's the sauce for the RFP that I have thought of to date. Had some more ideas from the steering committee last week. Let me pause for a moment and see if -- before we get to the schedule if that RFP sounds like it's adequate for what the vision is. De Weerd: Council, any comments? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Bruce, I like what's going on here. I think this is great. On the bullet point where you're saying you're going to ask them to identify any gaps in finance and what they think the community would bring, I might add another element to that and that would be not just thinking of what the community could contribute -- and by that I think they would interpret what's City Council going to find in our budget to help with it -- and that's okay if that stays in there as a question, but I would add one more is would they identify potential partnerships that could be added to this and brought to the table in that same conversation. Chatterton: Madam Mayor and Council Member Zaremba, I think that's great. We are challenging the development team to be creative -- Zaremba: Yeah. Chatterton: -- and if they have seen this done elsewhere along the lines that we are talking about, absolutely we would want to include that, so -- Zaremba: Then, Madam Mayor, a separate different question. Considering -- I guess I keep trying to make this a bigger idea than it already is. Considering the footprint that we are kind of limited to how willing are we -- I like the idea of saying, okay, what if -- what if the developer wants additional things, like urban housing, how willing are we to build up. Could we have a ten story building downtown and the top five stores are residential with a beautiful view that they could sell for a lot of money and I'm -- that's partially a question to the fire department as well, because when I first started saying we need taller buildings, the push back was we would need more ladder trucks and so I guess the fire department would have to weigh in on that, but I guess I'm wondering would we want to promote taller buildings in our Old Town area. Chatterton: And I'll let chief weigh in here. Madam Mayor and Council Member, I don't want to sound flippant, but I think that would be a -- the category of problems we would Meridian City Council February 24, 2015 Page 8 of 23 want to have. We would like to work that problem with the development team, because it means that what we believe to be true about downtown Meridian actually is, is that real, true modern urban development is feasible in our downtown. So, that would be a good thing. There are many things you can do with multi-story buildings. You can get quite dense, for instance, and you can have floor area ratios which are pretty high and yet with good design you often can make them look much more low rise, you can deemphasize stories above a certain level -- there are a lot of different things that good designers can do to make things like this work and so we really want to tap into creativity. As far as the multi-story issue and our current firefighting capacity, chief, I would defer to you. Niemeyer: Yeah. Certainly we have the ability to access higher buildings with our aerial device, with the cooperative agreements we have with our neighbors to bring in their aerial device if needed. I think what some cities have faced -- and I know Boise has faced this issue is the streetscape. You know, those outriggers have to extend out and there has to be enough room to get the aerial device in the air. So, that's a consideration. But certainly from a capability standpoint we have that capability. Zaremba: Thank you. De Weerd: Any other questions? Rountree: Madam Mayor? De Weerd: Yes, Mr. Rountree. Rountree: Bruce, I like the train of thought. The information we are requesting -- what's the forum -- or what's the expectation in terms of a deliverable? Obviously, it's a report with economic analysis and that sort of thing, but when we are talking about some of this depending on participation from philanthropic organizations, are we anticipating that they will have gone out and done the outreach and actually have letters of commitment or some vehicle to say something other than, well, we might be able to do this and maybe that will happen and give us some more time on that issue -- you know, to me if this is going to go I need something a little more concrete than a concept of wishful thinking. Chatterton: Madam Mayor and Council Member Rountree, absolutely. I mean that's -- that really is the -- I forget the term -- million dollar question here. As you will see from the schedule in a minute we have already engaged with the performing arts community. As all of you are aware there is a lot of interest in Meridian as a -- as a venue. That is an appropriate indoor venue, but there is a lot of interest and certainly demand for it. Autumn Kersey -- Autumn is here tonight, has done a fantastic job of bringing together a stakeholder group for the performing arts. In the process we will be looking for commitment in principle from various groups asking them what they bring forward in terms of funding, grants, et cetera. I hope we can get there. I think there is enough interest that we will probably be able to designate significant amount of money in terms Meridian City Council February 24, 2015 Page 9 of 23 of philanthropic interest, but those conversations need to be continued and that's what we are going to be doing, especially in the month of March as you will see in the schedule, is continuing those conversations. And, again, it could be that the performing arts piece of this moves on a separate track if we are not successful in gaining those commitments. Rountree: So, in terms of ours' as a city's commitment to this process, it sounds like there is going to be an expectation presented in the RFP to any interested party that the city will provide some of this information up front and if -- if not concrete, at least provide our anticipated list of philanthropic groups so the contractor, consultants, whomever, whatever shape we hire -- developer, can follow through. But I don't anticipate that we are going to have an awful lot of luck confirming these things, other than, yes, we are interested. Chatterton: Madam Mayor, Council Member Rountree, again, I hope -- I'm optimistic about this, but I -- there is no guarantee that we are going to be successful. That's certainly a good point. There is a lot of interest, which we can gauge during the next 30 to 45 days or so and if there is commitment to be had I think we can get it. Obviously, there is no guarantee. In terms of disclosing who is interested, one of the things we are going to be doing is asking for letters of interest from the various groups that lays out what they would be looking for from a performing arts center in terms of a performance venue and what they propose to bring to the table as well and, of course, the -- the ticket revenue portion of that would be significant. If all the groups that we -- that have expressed an interest would -- would, indeed, want to be part of this. So, it's really pulling that piece together. A number of things could happen over the next few days -- over the next few weeks. We could find that, again, performing arts needs to move faster or slower than the other pieces and perhaps we are issuing an RFP for a -- performing arts would be on its own track and perhaps we are issuing an RFP for a hotel/conference center by itself. We would really need to gauge that before you all approve the RFP to -- to go out the door. Rountree: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Bruce, my question really kind of revolves around the New Ventures Lab and why it's being excluded or included as part of the RFP and kind of being somewhat exclusive and I'm sure there a rationale behind that. Are we saying, then, that the New Ventures Lab is -- is more important than this project and, therefore, they are going to work around it and -- I'm curious as to what the rationale is behind that. Chatterton: We are looking -- Madam Mayor and Council Member Cavener, we are looking for -- I think even Rick Ritter with Tech Connect, the company, of course, that Meridian City Council February 24, 2015 Page 10 of 23 will be working with and managing New Ventures Lab, will tell you that old city hall is not their end all -- Cavener: Sure. Chatterton: -- that it's a great place to start and they are very appreciative of -- of the allocation of resources to get that tenant improvement done. So, what we are trying to do is include them -- I think it would be interesting to see if they can be included in the two block area that we are talking about here, but, if not, perhaps we can find another home for them as a result of a land swap or another -- other activity in the downtown. But going back to Council Member Zaremba's point, we -- you know, we could have a fairly dense mid rise project here and we -- it might be possible to easily accommodate them in that overall development program. So, again, we want to challenge the development community to include them, because they really -- there is some really interesting synergies going on between the performing art center, having those tech start-up center downtown, the conference center space, the hotel rooms -- it starts really coming together there. Cavener: I agree and maybe you can go back to the slide and maybe I misread it, but it seemed to me, though, that the intention of the RFP is that the New Ventures Lab is preserved in some way with the project that they bring forth and I just -- maybe that's a question for Council is if that is something that is of the utmost priority. Chatterton: And, Council Member, my starting assumption was that it's all important and let's see how much we can get from this -- from this initiative. Cavener: Okay. Thanks, Bruce. Chatterton: Uh-huh. De Weerd: Any other questions? Borton: Madam Mayor? De Weerd: Yes, Mr. Borton. Borton: Bruce, do we lose some of the clarity by grouping it all into one RFP, even though it might be broken out or they can propose on different components of it, because it sounds like the performing arts center is such a truly different animal from the assorted community partners that would participate financially perhaps as donors, as users -- it's a much deeper bench there and there is some more immediate need or at least demand, perhaps, for those types of users versus a convention center, which, you know, when you talk of letters of interest and things of that nature, all of that really is geared towards the performing arts center as I understand it where a convention center to be different and seems to be, quite frankly, something that a municipality might be tasked with carrying a heavier load to make something like that come through, Meridian City Council February 24, 2015 Page 11 of 23 because you don't see really privately owned convention centers, very rare if they exist at all. They just don't pencil. So, does it make sense in light of those concerns to do a performing arts center RFP unique to that project and those particular partners wholly separate from the performing arts -- or, excuse me, a convention center with or without a hotel. Chatterton: Madam Mayor, Council Member Borton, we thought long and hard about this and along -- actually along the lines of what you just articulated. I don't know the answer. As you will see our RFP schedule is pretty aggressive given some of the -- some of what we need to achieve in the meantime. I think we will know that answer in fairly short order -- that is in a matter of months. You may have -- we didn't want to leave the performing arts piece and the synergy that it potentially could have with the other uses just on the table in a separate track. If there was a way to find a creative development team that knows how to put all this together and wants to try to solve that problem. So, we want to challenge them first and if the answer is, yeah, we would be interested in a hotel/conference center, performing arts not so much, then, that would tell us what we need to know about perhaps going on a separate track and perhaps a -- and it might not even be necessary to do a request for proposals for the performing arts center, that might be something that could happen organically based upon some other things, such as the -- a big issue -- another big issue that we need to work on is the structure and ownership of the performing arts center, that entity, and, frankly, I need some help with -- with ideas on that. And so -- but it's possible that if we work those issues through that it could have its own track and we wouldn't -- we wouldn't burden one with the other. Does that make sense? Borton: It does. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, that -- that makes me think of other locations that they maybe have discussed this. The Boise Center on the Grove has a sizeable auditorium as one piece of it that -- that is well used. Now it doesn't have the back stage capabilities, but I'm thinking if you consider the whole complex, the performing arts center could be used for conventions as well. Wouldn't necessarily be a play or an actual performing arts thing, but the same way that the Summit Room at the Boise Center is used for large conferences and stuff. Chatterton: Madam Mayor, Council Member Zaremba, just to take your idea a little further, even though the Egyptian Theater is not owned by GBAD, the Egyptian does function almost as an auxiliary meeting space. A lot of -- a lot of meetings take place in there. Obviously of a certain type. And, obviously, it's a -- in many ways a fine performing arts venue as well. But it's almost auxiliary to what -- to what GBAD currently offers with the -- with the Boise Center. So, is there a way, then, for the performing arts component to -- in a developer's eyes to make the other pieces more possible and help the performing arts center, too, to be successful. We don't want to leave the private, nonphilthanthropic money possibility -- you know, basically from Meridian City Council February 24, 2015 Page 12 of 23 developer sources. I think -- we don't want to leave that on the table. The chance of -- I don't know what the chances are of getting that, but we would like to explore that and see if that's out there. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Bruce, this might be a little bit redundant, somewhat similar to what Joe was saying. Maybe. Maybe not. So, if you combine all -- everything in one RFP, are you limiting your options of developers whereas if you had an RFP for a hotel/conference center, RFP for -- you know, for each component separately, you bring I think a lot more players to the table. So, I'm not -- Chatterton: Madam Mayor, Council Member Milam, that's an excellent point and one of the questions we will be asking in the RFP is -- is this mix appropriate and is any piece of it viable on its own. So, again, we will be having these conversations in pretty short order with developers. Milam: Thank you. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: One of the last bullets -- bullets on your February tasks -- the month is escaping is us -- is determining if and what consulting assistance is needed for that process. Do you have a handle on what that -- Chatterton: We are going through right now -- Madam Mayor, Council Member Borton, we are going through right now what our needs are for the dollars which have already been budgeted and there is several things out there and so it's a subtle question of do we want to -- for Sean Garritson, Pegasus, to have a role with the RFP -- if so the purchasing issue is not a big one, it's a continuation of an existing contract. But I think we -- that Pegasus' role at this point is probably going to be largely advice and counsel on the RFP itself and perhaps helping us shop it. Now, that could change. In some of the initial conversations we have with stakeholders perhaps Sean should be coming back in to help us with some of those stakeholder groups. But, again, that -- we can make those decisions fairly quickly once we have taken a look at the total demands on our professional services budget and -- and what it is we need to do with that money. Borton: Okay. Chatterton: Move on? Okay. The schedule. Again, it's ambitious. I have provided red checkmarks by the stuff that we have already done. Obviously, you have had the final presentation of the project development plan. We have draft talking points for everyone Meridian City Council February 24, 2015 Page 13 of 23 involved with the project. You know, there is such a thing as frequently asked questions. Well, why is Meridian trying to duplicate the Boise Center or the Idaho Center. You know, is this another public boondoggle, that sort of thing and, of course, the answer is these are uses which are appropriately sized to Meridian and for which we have demonstrated a demand and so on. So, talking points have been written and we are going to be getting those to -- to really all concerned to make sure that we are -- everyone is on the same page. Lots of 101 conversations have continued with the performing arts groups, property owners, selected developers that we have been talking to. So, the last few days of this month -- tonight hopefully we are finalizing the RFP schedule. The steering committee saw it last week and -- and thought it was fine. Something else we are doing with the steering committee is we are working on some past teams around funding, around the performing arts, and around the development community and the good thing is that we have expertise on all of those areas currently on the steering committee. So, February is almost gone, but a good part of this has been done. March. Going to be taking Autumn up on her offer to reconvene the performing arts stakeholder groups. There will be a couple of meetings happening in March that have been scheduled already and let them know the direction that we are headed. If they have any doubts about this being a strong direction, then, we will also talk about the -- the strong interest and commitment of the Mayor and Council to see this process through. Talk to them about the request for proposals. Introduce them to the idea of letters of interest that we would be asking for them in the following months. So, we need to know, as I mentioned earlier, of their interest, what their needs and desires are. If they need office space. Their -- their annual budget and anything that they bring to the table in terms of -- in terms of funding, grants, philanthropy, that sort of thing. So, that's in March. April we get their letters of interest together, we put them all together and come up with at least -- not a design for a performing arts center, but a set of specifications that would meet the needs of as many of those critic groups as possible. We have already started writing the RFP, but it would continue during April. More conversations with developers, both to find out their interest and give us feedback. Meeting with philanthropists to gauge their interest and hopefully get commitment and, then, also develop scoring criteria for the RFP would be very important, so that we can look at these in a very objective way. In May -- lots to do in May. So, we finalize those letters of interest. We finalize the amount of philanthropy in this -- in this project, if any. The draft RFP is available. More feedback from the community -- performing arts community. Are there other uses in -- during that period of time which have come forward that we would want included. Don't want to leave any of that on the table. Very key question, one that I don't have the answer to right now is what's -- who is the ownership management entity for the performing arts center? Again, it's possible it could be a development company that has done this in the past, but at the moment it may be that we need to develop that organization. We would need to finalize any issues around the availability of the parcels of land. We are currently developing a database of folks that we want to send the RFP to we need to market it. We are going to market it through the Urban Land Institute, through our local BOMA chapter, through the American Institute of Architects and really try to get this out there as widely as we possibly can. In June there is a little bit less to do, because we finish the RFP, we are sending it out about mid June -- June 15th. We finalize the scoring criteria and, then, Meridian City Council February 24, 2015 Page 14 of 23 we are giving them -- we are giving them 60 days to respond. So, in July we are busy while waiting. We would be pulling together a review committee and we would need some pretty broad based representation on that review committee. We need to make sure that finance, real estate development, design, the performing arts, the hospitality industry -- that we have some expertise on that committee. In August we get the proposals back. We would start scoring them. We would provide a summary of the recommendations to you all and, then, what we begin to look at is there a financial gap and what, if anything, can be done to address that. Review and approval by you all and MDC and, then, we begin talking to proposers and begin negotiation with the first place team, assuming, of course, that everyone agrees and ratifies the recommendation to move ahead with those discussions. And in September hopefully we would be off to the races with a development team. This is optimistic. It's aggressive I know. I think it's worth a shot to find out questions, to -- to find out answers to questions that we -- we just don't have as yet. Once again I'm going to pause and get thoughts on the schedule. De Weerd: Council? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bruce, obviously, February is just about over. Chatterton: Yes. Rountree: It's the transition from February through the rest of this process. In March you talk about reengagement. That doesn't particularly set well with me in terms of the word. I think you need continue engagement of the stakeholders and whatever feedback loop you can put in the process to show that that's going to happen, because I would -- even a couple weeks there is enough rumors that are generated the stakeholders are going to hear or create. There needs to be some continuity in this thing to make sure that everybody is on the same playing field. Chatterton: Madam Mayor, Council Member Rountree, absolutely. And reengage may be not the best way of looking at it. We have been in constant contact, me personally, with -- with several of the groups. So, I think it's refreshing it and updating them on the conversations that we have had here, from steering committee, so that's a good point. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a thought. How do you reach out and make sure that we are getting this request to as many people as we can? What's -- what has been suggested appear to me to be mostly developers and construction-type people. I wonder if there might be Meridian City Council February 24, 2015 Page 15 of 23 some way to tie into the users and I'm guessing that somewhere there is a national association of managers of performing arts centers and if there was a way to contact them and say, okay, what performing arts center works really well and who built it and who designed it. You know, is there a state the art model that we should be thinking about? Chatterton: Well, let me call on a lifeline and put Autumn on the spot. Any ideas on marketing this to the performing arts community? De Weerd: Bruce? Autumn will have to come up front. Chatterton: Really put you on the spot. Thank you, Autumn. Kersey: Thank you. I'm happy to attempt to answer the question. There are a number of professional associations that the arts groups are members of that we could certainly lean upon to gather information. We have studied a couple of models in the Pacific northwest, in California specifically, and I think what we have learned from all of them is that they were built to specifications of their community's needs at the time and this was many, many years ago. They struggle to keep up with technology and they are somewhat frustrated besides. So, we might learn more from what they wish they had now, but it's certainly something that I think is important in the RFP process that we do that homework. Chatterton: Any thoughts on how to get it into the hands of -- De Weerd: Bruce, I'm sorry, you have to speak into the microphone, too. Chatterton: I just wondered if Autumn had any ideas on how to market it to that sector, as was pointed out. Kersey: Yes. Absolutely. We can reach out to those groups through communications with our own contacts and there are a number of consultants in the performing arts world that consult with groups that we can connect with and make sure that get our plan in front of them for any advice or feedback. Zaremba: Thank you. De Weerd: Okay. Any other questions from Council? Rountree: Move forward. Chatterton: Only way to go. Zaremba: Go forth. Rountree: Do you need a deadline? Meridian City Council February 24, 2015 Page 16 of 23 De Weerd: Two and a half weeks. Chatterton: I thought I had self-imposed one, but -- Rountree: You got it covered. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Sorry, not to put you on the spot. So, since there is just a few days left in February are all of these items in February -- are they all complete? Chatterton: Yes. Let me go back to that slide. We are -- everything checked off has been done. Obviously, the one-on-one conversation, as Council Member Rountree pointed out, those are -- those are ongoing, they don't -- they don't really stop and they haven't stopped. We are finalizing the schedule tonight. So, there are the checkmarks there. And we are working right now -- Brenda is working -- have been asked by the steering committee to suggest roles and membership for those subtask areas. De Weerd: And the steering committee meets on Friday, so that would -- that's still in February, so he will be checking those off on Friday. Milam: All right. Perfect. Chatterton: And if you think that you all are demanding on this project, you should see the steering committee. De Weerd: Okay. Thank you, Bruce. Chatterton: Thank you. Rountree: Thanks, Bruce. C. City Council: Discuss Upcoming Budget and Participatory Budget Pilot Project De Weerd: Okay. Council, Item 7-C -- we talked with each of you regarding the budget process last year and we have seen some of those changes in the schedule that Todd has put out. We will be bringing that discussion back. Patty is working on an item that was also brought up in terms of FTEs and we will be bringing that back at that time as well. But, really, what we wanted to discuss is something that when you send an elected member to training, be careful about what they will come back with. First, through those discussions some of the -- I think opportunities we had is how we can improve or better engage our public in our budget process and get better participation Meridian City Council February 24, 2015 Page 17 of 23 and/or interest. So, we wanted to bring to you an item that Councilman Borton thought would be a way to better engage our public and certainly a specific group at this point, but these are different ways to engage your citizenry in the budget process and so at this point I will turn this over to Councilman Borton. Borton: Thank you, Madam Mayor. I'm half tempted to go to the podium, but I will sit here and kind of give you a snapshot of what I mentioned very briefly back in December, that in front of you is a -- kind of a pilot proposal for you to consider. One of the things that we have dealt with, whether we have been here a long time or not, with the budget process and some of the improvements, is to try to incorporate opportunities for the public to be more involved on any particular level -- you know, are there some creative things that can be done to try an engage our citizens. It's their money and to give them an opportunity to participate more. One of those -- one of those ways that other communities have done around the world, quite frankly, is this participatory budget process. So -- and which is the one I mentioned before. It's a process that -- it's a bit over 20 years old now. Quite frankly more often internationally, but several communities around the nation are starting to incorporate this democratic influence in some of the budgeting that the communities do. It's done in Boston and Chicago and San Francisco. Vallejo, California. A number of cities and there is a number of others that are starting to incorporate it in the last few years. So, what I have put before you is an idea that allows Meridian to launch its first pilot project of this participatory budgeting and it works something like this: The general -- the general process is you provide the citizens an opportunity to -- from amongst themselves decide what within their community is important to them, what they might want to fund. That community group with city assistance develops a ballot and ultimately that community group makes the selection of what will be funded that they, then, have determined is most important to them. In other communities it's really been a great way to engage them, to give the community members some more buy in and truly feel like they are building their community. It's a great education opportunity for the citizens to have an understanding of kind of the decisions we have to make with limited resources. I hold us accountable. We support the transparent principles. Transparency principles we all try and promote. So, is there a way that Meridian can try this type of project with kind of a control group with limited risk in a measurable and meaningful way and, then, determine if it works. So, that's what's before you. So, the most measurable and controlled group that's available to be able to try this this spring is MYAC. A lot of communities -- Boston is one of the most notable that has done a youth base participatory budget and the youth there get a large sum of money and it's well developed. But the idea would be MYAC with the assistance of the city staff. Todd and Ken are both less than tasked or cursed with trying to shepherd this through. MYAC would develop the items that could be placed upon a ballot. The MYAC leadership team in March and into April would refine those ballot proposals and, then, the MYAC membership would vote. The obligation of the elected officials is to support the project and while there is no change in city ordinance or code, there is no delegation of spending authority, it's a commitment from elected officials that with the assistance of city staff and developing the process and insuring that the items placed on the ballot are within the parameters that we are okay with, no personnel, for example, no ongoing expenses, the idea is one-time capital Meridian City Council February 24, 2015 Page 18 of 23 expenditures, this is something that we can incorporate into our community within the next 90 days. So, there is an outline that -- that gives a real big snapshot of how it would work. There is some additional details from the national organization attached behind it which talks about a lot of different case studies in communities where it's worked, how they did it, how they refined the voter pool, but, really, what's consistent in all of them is -- is the opportunity to sprinkle a little bit of democracy into the republic process that we use. So, it seems to me I -- when I learned about it I thought it was really interesting. I thought it was a wonderful way to empower in this case MYAC. It could grow if successful. Where other communities have, you know, all high school vote and the eligible voters are age 14 to 18. If you are over 18 you can't vote. Or a senior community. Or a particular district in a community. That may or may not make sense for us, but for the short term what I would ask the Council to support and the Mayor and I have talked about it, we talked with Finance, this particular calendar that's before you, the question that the Council needs to give direction -- if they want to go forward and try this pilot project is what type of financial commitment would the Council be willing to commit to this. It's not -- not new monies, it's not an additional expenditure necessarily, but it needs to be an expenditure that is meaningful to those that are making -- making the decisions. So, that's what would take place through June. That finished project would go to Finance to be incorporated into our budget for our ultimate approval with everything else. We then use the fall to determine, hey, did it work, you know, did it make sense, was it cumbersome, did it actually engage citizens, did we commit too much or too little, are there ways to expand it to other areas in our community. It may work and it may not. I'm cautiously optimistic. It's well worth the endeavor with minimal risk. So, it's an exciting opportunity, it's innovative, everybody up here always wants more community involvement in these types of decisions. So, it seems to be a perfect way to launch it. De Weerd: Thank you, Councilman Borton. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Madam Mayor, I would like to express an interest in trying it. It seems like a much more organized way to accomplish something that I have thought about many times and that's sort of voting with your tax money I guess I would put it or a cafeteria plan for operating government and my thought was the way I have applied it is, okay, so the IRS tells you how much you owe this year and they supply a list of government programs and you say, okay, here is where I want some of my money to go, here is where I want some of my money to go, here is where I want some of my -- and I call that voting -- voting with your money and if a program isn't supported it isn't supported. If it is, then, it thrives and that is kind of a cafeteria plan, because as you go through a cafeteria you choose this and you don't choose that and you choose this and you don't choose that. That would be almost unmanageable, even though I think it's an attractive idea. This appears to be an organized way to sort of go that direction to get people's input and, like I say, I think it's worth trying. Meridian City Council February 24, 2015 Page 19 of 23 Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: To respond to Councilman Zaremba's questions, one beauty of this type of process is -- to the cafeteria analogy, the items that are discussed, the genesis is the voters themselves. So, it wouldn't be set up necessarily where in this case if Todd and Ken are setting those ground rules, the kids aren't presented -- the voters aren't presented with here are 12 things that the elected officials are going to let you work on and, then, vote on. You truly delegate that authority to those voters to -- within the rules to populate the cafeteria, so to speak, with the ideas that are most important to them. We may be amazed at what we find. De Weerd: And the largest challenge is going to be to make sure that they are not led in any particular direction and that will be the task of the facilitators. Yes, Mrs. Milam. Milam: Councilman Borton, I think this is a great idea and what an amazing learning opportunity for the youth to experience the budgeting process, even if it wasn't successful it would be successful at that. So, I think -- but I have -- I'm optimistic that it will be successful. So, yeah, I definitely think it's something that we should try. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Councilman Borton, I'm more on the cautious side than on the optimistic side and curious to what the -- the end result is. What is our -- the ultimate goal for our community as a result of this and the second question I have is who ultimately is going to determine the amount of funding that is set aside for this. I see ten to 20 thousand dollars. Who -- who is capping that and what determines that financial amount? Borton: Madam Mayor. Go ahead. Mr. Cavener, I will take the second question first. I think it's us. In every community that I have seen, at least in the nation, what happens is the elected officials set those financial parameters, that kind of put the side boards on potential projects that could be funded. As to what we gain is -- and I really have from the anecdotal evidence from other communities is kind of an eye opening experience that those elected -- or, excuse me, those voter have selected, for example, a -- you know, benches around a skate park, which we never really would have thought about and it, actually, to those -- that voting group was extremely important. Or in another community it's street lighting or -- it's something that we might not have been close enough to appreciate what is truly what's demanded by the -- by the voter. Cavener: Okay. Rountree: Madam Mayor? Meridian City Council February 24, 2015 Page 20 of 23 De Weerd: Yes, Mr. Rountree. Rountree: Having sat through 16 budget hearings -- budget processes with the largest citizen participation in terms of attendance being five folks in the audience, but most generally one. Thank you, Ralph. De Weerd: I had standing room only my first year. Rountree: And that's only one experience in those 16 years. Actually, those 20 years. So, anything we can do to increase participation in the budget process -- I'm not sure this is the answer, but it -- it looks like an exercise that's worthy exploring. I have some questions. You indicate a commitment to the process and funding parameters, so does that recommended budget range include not only the budget, but it would be budgeted by the group with the implementation costs, because there are costs to having meetings and group sessions with staff and doughnuts and whatever it takes to get people to come. Is that in that mix? Borton: Madam Mayor. I think for the sake of the -- the experiment it can be. Rountree: Okay. Borton: It truly is. And some of the benefit, again, to the pilot project is using MYAC, where it would be a component of their preexisting meetings and times and locations and whether they get doughnuts or not and -- De Weerd: No, they don't. Rountree: Now, one of the wrinkles that did come up -- Zaremba: Bran muffins. Borton: -- is the time of Todd and Ken -- at least those two to facilitate, if not help create some of those side boards, so the kids, from the educational component, learn about -- you know, it's not hiring staff and it's not ongoing maintenance expense, there is going to be those types of projects that they may suggest that staff will correct them to understand that those -- that's not included. How to capture that additional time I don't know. Great question. I think that's part of the September to November evaluation. Rountree: Evaluation. The other thing I would like to see in place before we do this -- and it's along the lines of the question you asked when you finished up your presentation. We have this list of questions, which are in the form of a question, but reflect what our expectations are. So, we have the questions and we are going to get answers and that will tell us -- that will, in essence, be the performance measure. Can we successfully answer these questions as a result of this process? And you listed several questions at the end of your presentation, which I did not note and I can't Meridian City Council February 24, 2015 Page 21 of 23 remember, but they were I think on par with what I'm saying. They sounded like that's a way to measure the success or failure of this. Because I'd like to see that down on paper before it starts. I'm okay to move forward with it. I'd like to see that done before the process finishes. Borton: Madam Mayor? I think -- and you may, Madam Mayor, know the best schedule for the next steps, but if we are going -- it might be able to be a parallel track where we are establishing those particular measurables on the accountability and transparency and the community building in conjunction with MYAC's next step. Meeting with the executive team, getting them informed of what the opportunity is for their group and having them help to find those measurables. That's the next step. De Weerd: Councilman Borton, I -- on March 10th is the next general meeting of MYAC where we thought to present this structure and the purpose. That gives a week and a half to really clarify some of the comments that have been made. We can bring to the executive committee next week something further. I did have a conversation with them last week after -- after Todd, Stacy and you and I met and they are ecstatic that they are being asked. They knew that you were bringing this to Council and to understand if this is something that the city wanted to explore at this time and they knew that a follow-up conversation would be had next week in case this was to move forward, but at first blush they would be willing and enthusiastic participants to pilot such a project and to work within whatever structure that is -- is proposed and see how they can make it as successful as possible. And one of the things that they really liked -- and they already have that opportunity in MYAC right now is to see the results of -- of their influence or of decisions that they participate in making and that's what's really exciting for them -- for many of these that participated in that discussion, of course, they are seniors and they are moving on, they are almost envious to not be here next year to be able to see how it unfolds. So, you certainly got a lot of enthusiasm in the suggestion that this might be a possibility, that they can -- that they can help pilot and they love the idea of being the first. Borton: Madam Mayor, one of the questions that we will have to decide at some point relatively soon if we were to go forward is that financial side board. You know, in the other communities that have done it elsewhere they literally allocate one -- they have, you know, from tens of thousands to hundreds of thousands, upwards of three million dollars in this kind of project, which is not at all what we are talking about, but we are going to have to give them some parameters and the ten and 20 thousand is nothing more than a -- kind of a general idea that's not diminimus that doesn't allow you to do anything meaningful, but not such a large number that we are -- we are comfortable sort of delegating that much spending authority until we see what takes place. So, we are going to have to define that number at some point. Cavener: Madam Mayor? De Weerd: And I guess that some point is maybe after you have had a chance to present a structure and purpose to the executive committee to bring on the 10th. Maybe Meridian City Council February 24, 2015 Page 22 of 23 you can report back next week to maybe have that conversation, because definitely before the 16th when it would be scheduled to bring to MYAC to brainstorm ideas for funding and debate, they need to know an amount that they are creating ideas for. Borton: Okay. De Weerd: Mr. Cavener. Cavener: I just was curious for Councilman Borton if there is a best practice community that we can model. I recognize you mentioned Boston and San Francisco, large metropolitan areas. Is there a sister city of Meridian that's out there that's done this that we could learn from some of their best practices to implement here in this pilot program? And I recognize I'm putting you on the spot. Borton: No, that's fine. Madam Mayor, so, the -- we are not -- we are definitely not reinventing the wheel in that other communities have done it, but it is extremely -- within the last three to five years and there is a lot of communities that are more our size that -- the website that's at the bottom of the material, it has a map and it shows you the communities that are doing it, but, then, it also shows you ones that have either discussed it from the community perspective or from the city perspective, but they are literally where we are at. They do have resources where -- and I haven't followed up, not knowing where the Council wanted to go. We can call and ask that very question and they would be tickled to provide us the particular community that's doing it. They also have a multitude of forms and ballot samples and, you know, sample rules that other communities have used. So, that should help speed things along. That's a great question. De Weerd: Okay. Any other questions for Councilman Borton at this time? We will put it back on the agenda next week for further discussion and kind of solidifying some of the -- the ways to move forward. Borton: Okay. Item 8: Future Meeting Topics De Weerd: Okay. Thank you. Council, under Item 8, future meeting topics. Anything for future agenda considerations? Rountree: Just the last item. This last item. Item 9: Executive Session Per Idaho State Code 67-2345 (1)(c)(d)(f): (c) To Conduct Deliberations Concerning Acquiring an Interest in Real Property, Which is Not Owned by a Public Agency; (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation Meridian City Council February 24, 2015 Page 23 of 23 De Weerd: Okay. I would entertain a motion, then, for Item No. 9, Executive Session. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I move we go into Executive Session per Idaho State Code 67-2345(1)(c), (d) and (f). Zaremba: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll. Roll Call: Bird, absent; Rountree, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. EXECUTIVE SESSION: (7:13 p.m. to 9:03 p.m.) De Weerd: Do I have a motion to come out of Executive Session? Rountree: So moved. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Move to adjourn. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:03 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) Meridian City Council February 24, 2015 Page 24 MAYOR TPAMY DE WEERD ATTEST: HOLMAN, CITY 17 /,5- DATE APPROVED city of ✓ � �" \IONHO F SEAL rat Meridian City Council Meeting DATE: February 24, 2015 ITEM NUMBER: 5A PROJECT NUMBER: ITEM TITLE: A. Approve Minutes of February 3, 2015 City Council Meeting 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: February 24, 2015 ITEM NUMBER: 5B PROJECT NUMBER: ITEM TITLE: B. Approve Minutes of February 10, 2015 City Council Workshop Meeting 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: February 24, 2015 ITEM NUMBER: 5C PROJECT NUMBER: FP 14-046 ITEM TITLE: C. Final Order for Approval: FP 14-046 Jump Creek by Kent Brown Located Northwest Corner of N. Black Cat Road and W. McMillan Road Request: Final Plat Approval Consisting of SixtyOThree (63) Single Family Residential Lots and Eleven (11) Common Lots on Approximately 16.68 Acres in the R-8 and R-15 Zoning Districts MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 24, 2015 ITEM NUMBER: 5D PROJECT NUMBER: FP 15-002 ITEM TITLE: D. Final Order for Approval: FP 15-002 Coleman by Wal-Mart Real Estate Business Trust Located Norwest Corner of N. Ten Mile Road and W. McMillan Road Request: Final Plat Approval Consisting of Five (5) Commercial Lots on Approximately 26.08 Acres in the C -G Zoning District MEETING NOTES 9 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: February 24, 2015 ITEM NUMBER: 5E PROJECT NUMBER: FP 15-003 ITEM TITLE: E. Final Order for Approval: FP 15-003 Ventana Commons Subdivision by Ventana, LLC Located East Side of N. Meridian Road Approximately 1,000 Feet North of E. McMillan Road Request: Final Plat Approval Consisting of Seventy (70) Single Family Residential Lots and Five (5) Common Lots on Approximately 18.21 Acres in the R-8 Zoning District 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: February 24, 2015 ITEM TITLE: ITEM NUMBER: PROJECT NUMBER: F. Acceptance Agreement: Display of Artwork of Breesha Rath in Initial Point Gallery from December 4, 2015 to January 8, 2016 MEETING NOTES 9 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the 24th day of February, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Breesha Rath, an individual person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.") WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, has invited Artist to display artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery"); WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of public business, that Initial Point Gallery is a public place, and that while the City seeks to encourage artistic expression and public dialogue, the City must simultaneously ensure that Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and perspectives feel welcome and comfortable; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, the Parties agree as follows: I. SCOPE OF SERVICES. Artist shall personally deliver artwork to Initial Point Gallery, on December 4, 2015, at 9:00 a.m., or at such time and date as is mutually agreed-upon by the Artist and the Gallery Curator. Artist shall be responsible for installing such artwork on December 4, 2015 at the direction of the Gallery Curator; shall allow the display of such work in Initial Point Gallery from December 4, 2015 to January 8, 2016, in accordance with the terms of this Agreement; and shall be responsible for removal of such artwork on January 8, 2016, at 9:00 a.m., or at such time and date as is mutually agreed upon by the Artist and the Gallery Curator. H. COMPENSATION AND SALE OF ARTWORK, A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the pleasure of the Meridian City Council. City shall not provide compensation to Artist for services, work, and/or any activity undertaken pursuant to or related to this Agreement. B. Sale of artwork. Artist may, at the direction of and in the manner established by the Gallery Curator, passively offer the artwork on display in Initial Point Gallery for sale. No price shall be displayed on or be proximate to any piece on display in Initial Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any transaction related to the sale of artwork shall be handled solely by Artist. Artist acknowledges the Commission's request that Artist voluntarily donate to the Commission twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist may remove such artwork from the Gallery, provided that Artist replaces the removed piece with another piece of artwork within twenty-four (24) hours of such removal. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE I Artist shall coordinate the removal, replacement, and/or substitution of any and all artwork with the Gallery Curator prior to such activity. III. TIME OF PERFORMANCE. Artist shall provide services described in this Agreement in a timely manner, as described herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. IV. INSTALLATION. A. Coordination with Curator. Prior to the installation, removal, replacement, and/or substitution of the display in Initial Point Gallery or any portion or component thereof, Artist shall coordinate any and all such activity with the Gallery Curator. B. Inspection of display. Prior to or after installation, the Gallery Curator and/or the City may inspect and/or review the artwork proposed by Artist for display in Initial Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached hereto as Exhibit A, as well as to ensure that such artwork may be safely and appropriately displayed in Initial Point Gallery. If the Gallery Curator or the City concludes that the display or any portion or component thereof does not meet the criteria set forth in Exhibit A or cannot be safely and/or appropriately displayed in hiitial Point Gallery, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery. Further, the Gallery Curator or the City may require the immediate removal of such artwork from Initial Point Gallery where such removal serves the best interest of the City. V. DISPLAY. A. Original artwork. Artist warrants that any and all artwork provided by Artist for display in Initial Point Gallery shall be, and is, original work conceived and created by Artist. B. Photographs of artwork. City may photograph the artwork displayed in Initial Point Gallery for purposes of advertising, marketing, and public information. Where practicable and to the extent of City's authority, Artist shall be acknowledged on each such photograph to be the creator of the original subject thereof, provided that photographic reproductions of artwork shall not be identified as or represented to be the finished artwork. C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for purposes of advertising, marketing, and public information, without violation of Artist's rights of privacy or any other rights Artist may possess under this Agreement, provided that City shall not use Artist's logo, if any, for any purpose without the express, written permission of Artist. D. Use of City's name. City hereby conveys to Artist permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may possess under this Agreement, provided that Artist shall not use City's logo for any purpose without the express, written permission of the Mayor's Chief of Staff. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 2 E. Removal of artwork by City. City shall have the right to remove Artist's artwork from public display at any time and for any reason. Such removal may be temporary or permanent in nature. Where such artwork is or is intended to be removed from public display for longer than forty-eight (48) hours, City shall notify Artist in the manner set forth herein. While it is intended that Artist's artwork will be displayed in Initial Point Gallery for the period set forth herein, this period may be shortened by City for any reason, without notice to the Artist. F. Removal of artwork by Artist. Artist shall coordinate with the Gallery Curator the removal, replacement, and/or substitution of any and all artwork prior to such activity, whether such activity is necessary due to the sale of a piece or for any other reason. G. Simultaneous display. City may elect to display the work of more than one Artist or Organization in Initial Point Gallery at any time, at the City's sole discretion. The manner and arrangement of the display(s) in Initial Point Gallery shall be determined by the Gallery Curator. VI. INDEMNIFICATION, WAIVER, AND INSURANCE. A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the City and any and all of its employees, agents, volunteers, and/or elected officials from any and all losses, claims, and judgments for damages or injury to persons or property, and from any and all losses and expenses caused or incurred by Artist or Artist's servants, agents, employees, guests, and/or invitees. B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against City, including the right of contribution for loss and damage to persons or property arising from, growing out of, or in any way connected with or incident to Artist's performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of the tortious conduct of City or its officers, agents or employees. C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft, or damage of artwork displayed in Initial Point Gallery or to cover any activity undertaken by Artist in the furtherance of Artists' rights or obligations described herein. Insurance of the artwork; of the Artist's person, property, or interests; and/or of the Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain all necessary insurance as may be required in order to protect Artist's insurable interests for its rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for, transported to, transported from, installed or hung in, and/or displayed in Initial Point Gallery. VII. TERMINATION. A. Termination for cause. If City determines that Artist has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, falsified any record or document required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement; the other Party shall have the right to terminate the Agreement by giving written ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 3 notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have twenty-four (24) hours after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. B. Termination without cause. City may immediately terminate this Agreement for any reason at any time without prior notice to Artist. C. Termination upon death or incapacity of Artist. This Agreement shall automatically terminate upon the death or incapacity of Artist. D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. VIII. GENERAL PROVISIONS. A. Relationship of Parties. It is the express intention of Parties that Artist is an independent party and not an employee, agent, joint venturer, or partner of City. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between Artist and City or between Artist and any official, agent, or employee of City. Both parties acknowledge that Artist is not an employee of City. Artist shall retain the right to perform services for others during the term of this Agreement. B. Compliance with law. Throughout the course of this Agreement, Artist shall comply with any and all applicable federal, state, and local laws. C. Non -Discrimination. In fulfilling or exercising any right or obligation under this Agreement, Artist shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory disability. D. Entire agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, and whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the validity, interpretation, performance and enforcement of this Agreement. Venue shall be in the courts of Ada County, Idaho. F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. G. Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall not be affected. ACCEPTANCE AGREEMENT INITIAL POINT GALLERY DISPLAY PAGE 4 H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations under this Agreement that require or that may require Artist's artistic talent or expertise. Artist may subcontract or assign obligations that do not require Artist's artistic talent or expertise. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon mailing by United States Mail, addressed as follows: Artist: Cw Breesha Rath Emily Kane 9463 W. Rodda Mill Street Deputy City Attorney Boise ID 83709 33 E. Broadway Ave. Meridian ID 83642 Any party may change its respective address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. J. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 24th day of February, 2015. ARTIST: I%JVUt�tVLA--� Breesha Rath CITY Tammy ACCEPTANCE AGREEMENT INrr1AL POINT GALLERY DISPLAY PAGE 5 Exhibit A 7 Meridian Commission Call for Artists: 2015 INITIAL POINT GALLERY SERIES OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2015 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open to the public during City working hours. Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY: Two-dimensional works displayed in Initial Point Gallery must be comprised of professional -quality, ready -to -hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply biennially and if selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery. Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2015 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application ii Acknowledgements form; Letter of intent, including biography of the artist(s) or informational statement regarding organization; 250 -ward informational paragraph about the artist or organization (for use in gallery publicity if selected); • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work); and $35 gallery maintenance fee (nonrefundable). Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted will not be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 24, 2014. SELECTION PROCESS: The selection of art for the 2015 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered: • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and • Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art and four enclosed pedestals for 3D art; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: Meridian Arts Commission Attn: Emily Kane 33 East Broadway Avenue Meridian ID 83642 By e-mail: mac@meridiancity.org Meridian City Council Meeting DATE: February 24, 2015 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: G. Professional Services Agreement With Treasure Valley Youth Theater for an Amount Not -to -Exceed $5,000.00 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 PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER This PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER (hereinafter "Agreement') is made this 24th day of February, 2015, by and between the Meridian Arts Commission, through the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Treasure Valley Youth Theater, a nonprofit corporation organized under the laws of the State of Idaho (hereinafter "TVYT"). WHEREAS, the mission of the Meridian Arts Commission is to develop, advance, and nurture all facets of the arts to enhance the quality of life for Meridian residents and its visitors; WHEREAS, the mission of TVYT is to be part of a healthy, growing community by producing quality theater arts experiences for youth; and WHEREAS, the respective governing bodies of City and TVYT find that these missions complement each other and wish to work together to further the objectives of both by engaging TVYT to present "Annie, Jr." and "AristoCats Kids"; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and TVYT agree as follows: I. Scope of services. TVYT shall provide the following services, deliverables, and materials under this Agreement: A. TVYT shall obtain all necessary royalties and scripts. B. TVYT shall schedule and hold auditions and rehearsals, and shall provide youth cast members with all necessary materials for such experience. C. TVYT shall provide the following staff and any other staff necessary to provide the services and deliverables set forth in this Agreement: director, music director, choreographer, stage manager, production assistant, costume designer, and light designer. D. TVYT shall provide all necessary costumes, props, and set. E. TVYT shall provide and distribute marketing materials, including printing posters, flyers, t - shirts, and programs. F. TVYT shall reserve and pay all related costs for audition, rehearsal, and performance space. G. TVYT shall present to the public three performances of "Annie, Jr." on March 6 and 7, 2015, and two performances of "AristoCats Kids" on June 27, 2015. Il. Compensation and payment. A. Amount. City shall pay TVYT for professional services described herein in the amount of five thousand dollars ($5,000.00). PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER PAGE l OF 4 B. Payment schedule. Following TVYT's provision of invoices to City, City shall pay TVYT, per the following schedule: 1. On February 27, 2015, City shall mail payment to TVYT in the amount of $2,500.00. 2. On May 29, 2015, City shall mail payment to TVYT in the amount of $2,500.00. C. Materials fees; revenue. TVYT shall be entitled to collect a materials fee from each cast member in an amount not to exceed fifty dollars ($50.00). In exchange for such fee, each cast member shall be entitled to a snack at each rehearsal, a script, cast party, and t -shirt advertising the performance; participation in rehearsals per TVYT's casting and direction; direction and coaching from TVYT staff at weekly rehearsals; and performance of the play, per TVYT's casting, direction, and scheduling. TVYT may not turn away any person due to inability to pay the materials fee; TVYT shall waive and/or make other accommodations for such fee upon request and demonstration of financial hardship. TVYT shall be entitled to retain any revenues realized from ticket sales, sponsorships, or other fundraising undertaken by TVYT. IV. General provisions. A. Indemnification. TVYT and each and all of TVYT's employees, agents, contractors, officials, officers, servants, guests, and/or invitees, including any and all participants in Event or related activities, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Organizer programming, at or in its use of Park or any lack of maintenance or repair thereon and not caused by or arising out of the tortious conduct of City. B. Insurance. TVYT shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting TVYT, TVYT's employees, and TVYT's agents from all claims for damages to property and bodily injury, including death, which may arise during or in connection with the play, including auditions, rehearsals, set-up, performance, and tear -down. Such insurance shall name City as additional insured, and shall afford at least five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five hundred thousand dollars ($500,000.00) per occurrence property damage. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless City as set forth in this Agreement or any permit. If City becomes liable for an amount in excess of the insurance limits herein provided due to the actions or omissions of Organizer or any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Event or related activities, Organizer covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. At all times during the course of this Agreement, TVYT shall provide worker's compensation coverage in the amount required by law for each and every employee utilized in the course of performance of this Agreement. C. Notices. All notices required to be given by either of the parties shall be in writing and be deemed communicated when personally served or mailed via U.S. mail, addressed as follows: PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER PAGE 2 OF 4 If to TVYT: Autumn Kersey Treasure Valley Youth Theater P.O. Box 9144 Boise ID 83707 If to City: Emily Kane, Deputy City Attorney City of Meridian 33 East Broadway Ave Meridian ID 83642 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. D. Assignment. City shall not assign or sublet all or any portion of City's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of TVYT. TVYT shall not assign or sublet all or any portion of TVYT's interest in this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written consent of City. This Agreement and each and all of the terms and conditions hereof shall apply to and are binding upon the respective organizations, legal representatives, successors, and assigns of the parties. E. No agency; independent contractor. Neither TVYT nor its employees, agents, contractors, officials, officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for any purpose whatsoever in TVYT's use and occupancy of facilities at which auditions, rehearsals, workshops, and/or performances are held. In all matters pertaining to this agreement, TVYT shall be acting as an independent contractor, and neither TVYT nor any officer, employee or agent of TVYT shall be deemed an employee or agent of City in any manner or for any purpose. Specifically, without limitation, TVYT understands, acknowledges, and agrees that TVYT and its employees, agents, contractors, officials, officers, servants, guests, and/or invitees: 1. Are free from actual and potential control by City in the provision of services under this Agreement. 2. Are engaged in an independently established trade, occupation, profession, or business. 3. Have the authority to hire subordinates. 4. Own and/or will provide all major items of equipment necessary to perform services under this Agreement. F. Compliance with laws. In performing the scope of services required hereunder, City and TVYT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. G. 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. H. Time of the essence. The parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a default of this Agreement. PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER PAGE 3 OF 4 I. Termination. 1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited to: an act or omission by either party which breaches any term of this Agreement; an act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in or occurrence of circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Process. Either party may terminate this Agreement by providing five (5) days' notice of intention to terminate. Such notice shall include a description of the breach or circumstances providing grounds for termination. A forty-eight (48) hour cure period shall commence upon provision of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement shall be terminated upon mailing or e -mailing of notice of termination. J. 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. K. 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. L. Discrimination Prohibited. In performing the Services required herein, TVYT shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or physical handicap. M. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. N. Approval Required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and TVYT. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. TREASURE VALLEY YOUTH THEATER: BY: JAVA,,,, Autu Kerso CITY OF Mayor T1, PROFESSIONAL SERVICES AGREEMENT WITH TREASURE VALLEY YOUTH THEATER PAGE 4 OF 4 Meridian City Council Meeting DATE: February 24, 2015 ITEM NUMBER: 5H PROJECT NUMBER: ITEM TITLE: H. Award of Bid and Approval of Agreement to Schmidt Construction Co., Inc. for the "NW 8th STREET SEWER TRUNK MAIN - PHASE 3 BROADWAY TO CHERRY LANE" project for a Not -To -Exceed amount of $345,383.20. 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 CONTRACT/AGENDA REQUEST CHECKLIST Date: 2/5/2015 REQUESTING DEPARTMENT PW - ENGR Fund: 60 Department: 3590 GL Account: 95000 Project# 10330.a Construction: X PSA: Task Order: Project Name: NW 8th Street Sewer Trunk Main - Phase 3 Broadway to Cherry Project Manager: John Boyd Department Representative: n/a Contractor/Consultant/Design Engineer: MSA / Schmidt Construction Budget Available (Attach Report): Yes ContractAmount: $345,383.20 Will the project cross fiscal years? Yes No X Budget Information: FY Budget: 15 Enhancement#: Grant#: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder X Highest Rated Master Agreement (Bid Results Attached) Yes (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: SO Day Waiting Period Complete: PW License# PWC -C-16406 Yes Current? (attach print out) Corporation status Goodstand Date Award Posted: February 6, 2015 Yes Insurance Certificates Received (Date): February 18, 2015 Rating: A Payment and Performance Bonds Received (Date): February 18, 2015 Rating: A Builders Risk Ins. Req'd: Yes No X If yes, has policy been purchased? n/a (Only applicabale for projects above $1,000,000) Date Submitted to Clerkfor Agenda: February19, 2015 Approved by Council Issue Purchase Order No. Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, John Boyd Date: 2/19/2015 Re: February 20 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the February 24th City Council Consent Agenda for Council's consideration. IVyy o J I RCC I JCVVCR I Ruiw\ iyip%i i— r -n/ -%JC a or LANE" aroiect for a Not -To -Exceed amount of $345.383.20. Recommended Council Action: Award of Bid and Approval of Agreement to Schmidt Construction Co., Inc. for the Not -To -Exceed amount of $345,383.20. Thank you for your consideration. 0 Page 1 +(1ENDAN�-- II AHO TO: PURCHASING FROM: John Boyd Engineering Project Manager Mayor Tammy de Weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Mllam Charlie Rountree David Zaremba DATE: January 9, 2015 SUBJECT: AUTHORIZE/APPROVE CONSTRUCTION OF THE NW en STREET SEWER TRUNK MAIN — PHASE 3 PROJECT #10330A FOR A NOT -TO - EXCEED AMOUNT OF $541,000.00. PLEASE PLACE ON NEXT AVAILABLE CONSENT AGENDA I. DEPARTMENT CONTACT PERSONS John Boyd, Engineering Technician H........................................................................... 489-0364 Clint Dolsby, Asst. City Engineer.................................................................................. 489-0341 Warren Stewart, PW Engineering Manager...................................................................489-0350 John McComiick, Deputy Director of Public Works ..................................................... 489-0378 Tom Barry, Director of Public Works............................................................................ 489-0372 IL DESCRIPTION A. Back rground In early 2011, the Public Works Department (PW) undertook a design project to rehabilitate the existing 18" sewer trunkline between W. 7th Street and W. 8th Street from W. Broadway Avenue to W. Cherry Lane. The preliminary engineering revealed the existing sewer trunkline was located in backyards and an alley which provided limited access for cleaning and maintenance. Additionally, a portion of the existing sewer trunkline has no access or maintenance easement. Due to these factors, Murray Smith & Associates (MSA) was contracted and completed a design to relocate the line within the W. 8th Street and W. 7th Street rights-of-way (ROW). B. Proposed Project This project is the Final Phase which consists of constructing side sewers in W. Carlton Avenue, NW 7�' Street and NW 6'" Street as well as reconnection of the individual services to the new sewer mains. It also includes the final abandonment of the 18" trunkline between NW7th Street and Cherry Lane. C. Contractor Selection Bids will be opened for this project on February 5, 2015. Public Works Department . 33 E. Broadway Avenue, Suite 200, Meridian, ID 83642 Phone 208-898-5500 . Fax 208-898-9551 . www.me4dlancitv.orq III. IMPACT A. Service/Delivcry Impact: The construction of this sewer line will complete relocation and abandonment of the trunkline. This approval will enable the construction to commence this fiscal year. B. Strategic Impact: This project meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. C. Fiscal Impact: Available Project Funding The project will be funded with existing City funds from the following account. Sewer Line Replacements (60 -3590 -95000) ................................................... $541.000.00 Total Phase 3 Funding..................................................................................... $541,000.00 IV. LIST OF ATTACHMENTS A. Bid Request Checklist B. Purchase Order Requisition C. Engineering Estimate APPROVED D FOR BID / AWARD PROCESS Warren Stewa , PE — Engineering Manager / z z2 / Datel AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES NW 8TH STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LANE PROJECT # 10330.a THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this If" day of Februa , 2014, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Schmidt Construction Co.. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 15883 Robber Place, Caldwell, ID 83607and whose Public Works Contractor License # is PWC - C -16406. INTRODUCTION Whereas, the City has a need for services involving installation of sewertrunk mains; and WHEREAS, the Contractor is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services and work, and comply in all respects, as specified in the document titled "Scope of Work" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor under this Agreement, including without limitation electronic data files, are the property of the Contractor; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Contractor may copyright the same, except that, as to any work which is copyrighted by the Contractor, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, NW 8T" STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LN page 1 of 12 Project 10330.a state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor underthis Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $345,383.20. 2.2 The Contractor shall provide the City with a monthly statement and supporting invoices, as the work warrants, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Contractor under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Contractor. 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Contractor shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) or unless sooner terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some other method or time of termination is listed in Attachment A. NW 8T" STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LN page 2 of 12 Project 10330.a 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Substantial Completion shall be accomplished within 90 (ninety) calendar days from Notice to Proceed. This project shall be considered Substantially Complete when the Owner has full and unrestricted use and benefit of the facilities, both from an operational and safety standpoint, and only minor incidental work, corrections or repairs remain for the physical completion of the total contract. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. Upon receipt of a Notice to Proceed, the Contractor shall have 105 one hundred five) calendar days to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of $500.00 (five hundred dollars) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. See Milestones listed below for Substantial Completion. 4. Termination: 4.1 If, through any cause, CONTRACTOR, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be NW a STREET SEWER TRUNK MAIN- PHASE 3 BROADWAY TO CHERRY LN page 3 of 12 Project 10330.a entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 5. Independent Contractor: 5.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Attachment A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 5.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 6. Indemnification and Insurance: 6.1 CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars NW 8T" STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LN page 4 of 12 Project 10330.a ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONTRACTOR shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 6.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects per the ISPWC and the City of Meridian Supplemental NW CH STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LN page 5 of 12 Project 10330.a Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. 8. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 9. Meridian Stormwater Specifications: All construction projects require either a Storm Water Pollution Prevention Plan (SWPPP) or an erosion sediment control plan (ESCP) as specified in the City of Meridian Construction Stormwater Management Program (CSWMP) manual. The CSWMP manual containing the procedures and guidelines can be found at this address: ht[r)://www.meridiancity.oro/environmental.asr)x?id=l 3618. 10. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: CITY CONTRACTOR City of Meridian Schmidt Construction Co., Inc. Purchasing Manager Attn: Bill Schmidt 33 E Broadway Ave 15883 Robber Place Meridian, ID 83642 Caldwell, ID 83607 208-888-4433 Phone: 208-459-2461 Email: bill@schmidtconstruction.biz Idaho Public Works License #PWC -C-16406 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 11. 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. 12. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. NW 8T" STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LN page 6 of 12 Project 10330.a 13. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 14. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 15. Reports and Information: 15.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 15.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 16. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 17. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 18. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 19. ACHD: Contractor shall be responsible for coordinating with the City to obtain appropriate ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall certify to ACHD that Contractor is authorized to obtain a Temporary Highway and Right -of -Way Use Permit from ACHD on City's behalf. The parties acknowledge NW 8T" STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LN page 7 of 12 Project 10330.a and agree that the scope of the agency granted by such certification is limited to, and conterminous with, the term and scope of this Agreement. 20. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. 21. 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. 22. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 23. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 24. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 25. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 26. Public Records Act: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The CITY will not accept the marking of an entire document as exempt. In addition, the CITY will not accept a legend or statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the CITY against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the CITY shall constitute a complete waiver of any and all claims for damages caused by any such release. NW 0' STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LN page 8 of 12 Project 10330.a 27. 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. 28. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Dated: .2 -d V -/ J Approved by Council: Og SCHMIDT CONSTRUCTION CO., INC. BY: d'Az/� CLQ- SII BILL SCHMIDT, PRESIDENT Dated: Jz&M'Jn13 Purchasing Approval �<'^R o Department A proval BY: /1G� lit//� BY: KEIT�I AT�TS, Purchasing Manager WARREN STEWAR , Eng ering Manager Dated:: z/ Dated:: NW CH STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LN page 9 of 12 Project 10330.a Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -15-10330.a ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -15-10330.a, are by this reference made a part hereof. NW 8T" STREET SEWER TRUNK MAIN— PHASE 3 BROADWAY TO CHERRY LN page 10 of 12 Project 10330.a Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $345,383.20. NW 8T" STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LN page 11 of 12 Project 10330.a Substantial Completion 90 (ninety) days Final Completion 105 (one hundred five) days ;M=ilestonel ontract includes furnishing all labor, materials, equipment, and incidentals as required for the NW 8th Street Sewer Trunk Main — Phase 3 Broadway to Cherry per IFB PW -15-10330.a CONTRACT TOTAL ....................... $345 383.20 CONTRACT IS A NOT TO EXCEED AMOUNT. LINE ITEM PRICING BELOW WILL BE USED FOR INVOICE VERIFICATION AND ANY ADDITIONAL INCREASES OR DECREASES IN WORK REQUESTED BY CITY. Item No. Description Unit Unit Price 201.4.1.F.1 ABANDONMENT OF SANITARY SEWER AND MANHOLES EA $700.00 205.4.1.13.1 DEWATERING LS $300.00 306.4.1.D.1 8" MINUS UNCRUSHED AGGREGATE TON $0.40 (only if approved by the City of Meridian in writing) 307.4.1.G.1 TYPE P SURFACE RESTORATION FOR SEWER MAIN (ROW SY $28.00 ONLY) - (includes road base and pit run) 501.4.1.8.1 GRAVITY SEWER PIPE SIZE 8" PVC LF $38.00 (Includes excavation, bedding, backfill, etc.) 502.4.1.A.1 SANITARY SEWER MANHOLE -48' DIAMETER EA $2,900.00 502.4.1.A.1 SANITARY SEWER MANHOLE -60'DIAMETER EA $5,400.00 SEWER SERVICE LINE, SIZE 4" 504.4.1.A.1 (includes excavation, bedding, backfill, cleanouts, LF $42.00 surface restoration not included in other bid items, potable/non-potable crossing) NW 8T" STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LN page 11 of 12 Project 10330.a Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. NW a STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LN page 12 of 12 Project 10330.a MISCELLANEOUS PAVEMENT -TEMPORARY ASPHALT 810.4.2 PAVEMENT SY $0.40 (only if requested by ACHD and approved bythe City of Meridian in writing) 1001.4.1.A.1 EROSION SEDIMENT CONTROL PLAN LS $3,500.00 1103.4.1.A.1 CONSTRUCTION TRAFFIC CONTROL LS $13,400.00 2010.4.1.A.1 MOBILIZATION LS $15,000.00 SP1 -2 6" SLEEVE FOR SEWER SERVICE - C900 PVC - LF $23.00 POTABLE/NON POTABLE CASING SP1 -3 WATER LINE LOWERING EA $5,000.00 CONNECTTO EXISTING MANHOLE SP1 -4 (includes excavation, backfill and flexible manhole EA $4,500.00 connector, and necessary manhole invert work) Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. NW a STREET SEWER TRUNK MAIN — PHASE 3 BROADWAY TO CHERRY LN page 12 of 12 Project 10330.a Bond No 490958P Document A312 TM -2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond Name Staci L Jayo-Attorney-in-Fact CONTRACTOR: SURETY: (Name, legal slabs and address) (Fame, legal slalas and principal place of business) Schmidt Construction Co., Inc. Developers Surety and Indemnity Company 15883 Robber Place 2036 S Eagle Rd Caldwell Idaho 83607 Meridian Idaho 83642 This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. OWNER: (Name, legal stains and address) City of Meridian 33 East Broadway Ave Meridian Idaho 83642 CONSTRUCTION CONTRACT Date: 2117/2015 Amount: $345,383.20 Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. Description: Name and location) NW 8th Street Sewer Trunk Main -Phase 3 Broadway to Cherry Lane BOND Date: 2/17/2015 (Not earlier than Coustroclion Contract,0ma) Amount: $345,383.20 Modifications to this Bond: FL] None F] see Section 18 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Schmidt Construction Co., Inc. I Signature: 14._ _ _"A— Name %,�jjLuA M SCl wmr and Ti tie: pa W t y1 Iy SURETY Companv: (Cmporale Seal) Developers Surety and Indemnity Company Signature: / Name Staci L Jayo-Attorney-in-Fact and Title: (An v additional signalures appear on lite last page of ilds Pa)?raeul Bond) (FOR INFORMA TION ONLY lvmne. address and telephone) AGENT or BROKER: Higgins & Rutledge Ins PO Box 8567 Boise Idaho 83707 208-343-7741 5-2149/GE 8/10 OWNER'S REPRESENTATIVE: (Archilect, Engineer or other pard ) 1� § 1 The Contractor and Surety. jointly and severally, bind thenssekes, their heirs, executors, administrators, successors and assigns to the Owner to pal' for labor, materials and equipment furnished for use in the performance of the Constriction Contract, which is incorporated herein by reference, subject to the Pnllowing terms. § 21f the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3If there is no Owner Default under the Construction Contract the Surety's obligation to the Owner tinder this Bond shall arise aftertlre Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owners property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to The Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand. lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the fallowing: § 5.1 Claimants, who do not have a direct contract with the Contractor. .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants. who are employed by or have a direct contract with the Contractor. have seat a Claim to the Surety (at the address described in Section 13). § 61f a notice ofnon-payment required by Section 5. 1.1 is given by the (honer to the Contractor, that is sufficient to satisfy a Claimant's obligation 10 furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim. stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts § 7.3 The Surety's Failure to discharge its obligations under Section 7.1 or Section 72 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to die Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, tinder any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owners priority to use the funds for the completion ofthe work. 5-21491GE 8110 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contrnclor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competemprisdiclion in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of [his Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in thejurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed ur delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims. however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions confornung to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that This Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 lire dale on which dre Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of [he date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Band shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of 0rc Contractor and the Contractor's subcontractors, and all other items forwhich a mechanic's lien may be asserted in thejurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. S-21491GE 8110 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor ns required tinder the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 16.5 Contract Documents. All the documents that comprise the agreement bcovecn the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the tern Contractor in this Bond shall be deenned to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond arc as follows: (Space is provided helow for additional signatures of added parties, other than those appearing on file cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address S-2149/GE 6/10 Signature: Name and Address Bond No 490958P Document A312 T11 -2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) Schmidt Construction Co., Inc. 15883 Robber Place Caldwell Idaho 83607 OWNER: (Plante, legal status and address) City of Meridian 33 East Broadway Ave Meridian Idaho 83642 CONSTRUCTION CONTRACT Date: 2/17/2015 Amount: 8345,383.20 SURETY: (N'ane. legal status and principal place of business) Developers Surety and Indemnity Company 2036 S Eagle Rd Meridian Idaho 83642 Description: (Name and location) NW 8th Street Sewer Trunk -Phase 3 Broadway to Cherry Lane BOND Date: 2/17/2015 (Not earlier than Construction Contract Date) Amount: 8 345,383.20 Modifications to this Bond: ® None ❑ See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) Schmidt Construction Co., Inc. Signature: tt,_, d_j�S 1 r t e j- Name WI�LiRm MlCSr and Title: A'2>ireSiA (_ {., SURETY Company: (Corporate Seal) Developers Surety and Indemnity Company Signaturo: 6114 '�I/) Name Staci L Jayo-Attorney-I -Fact and Title. (Arry additional signatures appear on the last page oflhls Perfartnaace Bond) (FOR INFORA411 TION ON, i' — Nance, address and telephone) AGENT or BROKER: Higgins & Rutledge Ins PO Box 8567 Boise Idaho 83642 S-1852/GE 8110 OWNER'S REPRESENTATIVE: (Architect, Engineer or other parry:) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. V § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 I the Contractor perforans the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 I there is no Owner Default tinder the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. if the Owner does not request a conference, the Surety may, within five (5) business days after receipt or the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any comderence requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owners right, if any, subsequently to declare a Contractor Default: .2 the Owner declares a Contractor Default terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Dalance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surely from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor; with the consent of the Owner, to perform and complete the Construction Contract § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with Ilse Owncfs concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation. determine the amount for which it may be liable to the Owner and, as soon as practicable alter the amount is determined, make payment to the Owner, or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 I the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided ill Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without farther nolice the Owner shall be entitled to enforce any remedy available to the Owner. 5-1852/GE 8/10 § 7 I the Surety elects to ael under Section 5.1, 5.2 or 53, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner tinder the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surely under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 fl -the Surely elects to net under Section 5.1.5.3 or 5.4, the Surety's liability is limited to the amount or this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes oftime, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law; the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surely, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond contlicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so famished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material tern of the Construction Contract. § 14.4 Owner Default. Failure of tine Owner, which has not been remedied or waived, to pay the Contractor as required underthe Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in [his Bond shall be deemed to be Subcontractor and the temp Owner shall be deemed to be Contractor. S-1852/GE 8/10 § 16 Mod itica(ions to this bond are as follows: (.apace is provided below for additional signatures ofadded parties, oilier dean those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address S-1 852/GE Bit POWEROFATTOIBdEYFOR DEVELOPERS'SURETYANDINOEMWCOMPANY FM WfNCGMPANYOFCALIFORNIA PO Box 19729, IRVINE, CA 92823 (948) 2633300 NNOWALL MEN BYTHESE PRESEW, Ihotas exceptas expressfy8m8ed, DEVELOPERS SIIRET(MIO INDEMNITY COMPANY and INDEMNITYCOMPANYOFCALIFORNIA, do each, hereby make, causfibdeandappohh ***Rodney A. Higgins, Gail A. Johnson, Staci L. Jayo, Greg Swanson, jointly or severally*** This PowerclAdaMisg mebuland Is spned by Faaimileusc Brand byeatlrmilyof IhefoOowutg resdubmssdopfed bythe respective Board of Ohebwrs of OEVELOPE RSSLRTETY AND INDEMNITYCOMPANY and INDEMNITY COMPANYOFCALIFORNIA. eBectiveesofJammy101108. I, Ihatfuctur men olbeSaerd,the Fresidentand arlyVice Foaddentof thewWoraBon be, and Ihateechofthem herebyts, oulhmiaedla execute Powers of ahnney(s)named M die Powers ofABomeyto execute, an heha8ofgrecminumliens, bonds, undertakings and conbzctsofaureryshfir; and killer Secretaryor oflhecoNordfurs be, and each ofdraw hereby Is, aulhoibeedtoa8settheexew8onofany such Pow erfAdamey; RESOLVED, FURTHER, 99 ft signalmen dsuch Dgkers maybe alfandtoanysuch PawerofAttamey ormanycerWcaleretailing I mrela by facsimile, and any such Power such facslmifesignahriesshallbe vafdand hind it upon the carymationswhen so affixed end in OiefoWrewitll respec4laany barrel, undertaking or contactofsurelysifp to which RN attached. INWITNESsW mm,,DEVELOPERSsURETYANDINDEMNITY COMPANY -and INDEMNITY COMPANYOFCALIFORNIAhavesevemlyrommedthese presents tobecloned by Iheirrespemive Vice P2sidantandallaledby Ur respecliveAssislantSecrelarythis knuary 1st, 2900. By ANVnCI' Stephen T. Pele,Senlar1flor sNent �T 9 }F�w+'o(e�oRgj��i� OCT. igyis ��04pP Oct. BY' - 3. 10 aso: 1931 :sCharles 0 W1957 L. Day,Assstarit „+ C rFO SlalsofCalifmnia 9Q••,,, m•^"� CounlyofOrenge On Almost 131h, 2000 harem me, JennvTTNouven NohwPublic Dole Here hied Name and Tile of me after personally appeared 5fepMn T. Pale andChadesL.Oay Names)ofSome(s) who proved ro mean the bacisofsmisfacloryevidence Inbethe perennial whose worm(s) Were subscribed to the within instrument and scknmdedgedto me Oat halshrlthay execuledthe sanm in hie8red0rdrauthodud capac8y(fes),and lhathyhisibedlheirafgnahne(s) on the Instrument the peman(s), cribs artily upon behalf of COMAL#17me which the pemon(s) acted, exemted the Instrument Nt7fARYPUBLIC ORANBEG�fI�Y My wmm, evpinas F'3b.1� �II Place Notary SealAbme I carsk under PENALTY OF PERJURY under the laws of the State ofCa06mia that thefongotng paragraph is bueandconect WITNESS my hand and official nal. 9igmawre� Sr Jo TT Ng n CERTIFICATE The undemlgned, Wasteland Secretary, of DEVELOPERS SURETYAND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby car* Ural the faregoing'PowerafAtmmeyremairs in full force and has not been revoked, and furthermore, IhatW provisions of the renlmons of the respecllve Boards of Diredms of said corporations set forth In the PoweroFAdomey, are In force as of the date of this GoIa. / This Certificate is executed ie the Cllyof Irvine, Calilomis, the dayd ✓ S ,O AIb/ erttavy HIllabrandAsastant 1D-1380(We0(Rew07107) Cl) H J Cl) W m a 0 N ca O W Q Q a O Ir m Cl) W Cl) Q o. z R 2 Y z 2 F- R W 2 W O N f F- U W� W¢ P F- U) z F. U CD W ?a W J z It o O o N o O 7 N c6 I- L q 7 � Cli N LO Ln O d O cr) C0 ce) LO 61) X X X X X x x x x X x x x x x X X X X X X X X X X C C 0 0 0 o 0 a0 U O C O v o O c U oy U o d U m o > CU M O a NLDo g E m U Q U Y m a F= - W Y T a PC d c d CL 0 City of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 3590 - WWTP Construction Projects 60 - Enterprise Fund From 10/1/2014 Through 9/30/2015 Budget with Current Year Amendments Actual Percent of Budget Budget Remaining Remaining Date: 2/19/15 11:36:11 AM Page: 1 Capital Outlay 95000 Service Line/Main Replacement 1,645,239.51 0.00 1,645,239.51 100.00@ 10330 NW 8th St Sewer Trunk Main 0.00 22,780.00 (22,780.00) 0.001 Broadway to Cherry Ph 3 Design 10330a NW 8th St Sewer Trunk Main 0.00 68.40 (68.40) 0.00% Broadway to Cherry Ph3 Constructi 10366 Five Mile Trunk Relief - 0.00 8,691.79 (8,691.79) 0.00% 8th Street Park 10394.a NE 3rd St Williams King 0.00 17,195.71 (17,195.71) 0.00% Ada - Sewer Water Main Construction 10432 ACHD Ustick Meridian Rd 0.00 21,661.70 (21,661.70) 0.00% Utility Improvements 10478 Sewer Collection System 0.00 10,079.60 (10,079.60) 0.00% Rehabilitation & Replacement Program 10499 Sewer Line Replacement - 0.00 54,165.00 (54,165.00) 0.00°% Site 12b Total Capital Outlay 1,645,239.51 134,642.20 1,510,597.31 91.82% TOTAL EXPENDITURES 1,645,239.51 134,642.20 1,510,597.31 91.82% Date: 2/19/15 11:36:11 AM Page: 1 G1Al rIl.1 rage 1 01 1 Home I Setup an Accounl I Lag In COnlraClOr Username PasswoN LOGIN F] REMEMBER ME Forgot password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Worts Inspections Schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Public Works Search P Search Again Download Results Printable View Info First RSC°I Page:1 of 1 License Number: PWC -C-16406 Registration#: PWC -C-16406 Issue: 6/5/2014 Expire: 6/30/2015 Type: PUBLIC WORKS Sub -Type: AAA status: ACTIVE Company: Schmidt Construction Company, Inc. Phone: (208)459-2461 Cell: (208)941-1948 Pager. Fax: (208) 453-4968 Owner Name: Xti EastI The Vlvisbn oI Building Safety, makes every effort to produce and µGish the most current and accurate info enation possible. No warranties, expressed or implied, are provided for the data herein, its use, or its imupmfidim. Utilization of this websile indicates understanding and aueptance of this statement 1400-955,3099, 1090 E Walado oar Sl, Suite 150 Mercian IO 80042 HOME I CONTACT https://web.dbs.idaho.gov/etrakit3/Custom/ldaho PublicWorksSearchRslts.aspx 2/19/2015 IDAHO SECRETARY OF STATE Viewing Business Entity rave 1 gr c Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for SCHMIDT CONSTRUCTION COMPANY, INC. I [ Monitor SCHMIDT CONSTRUCTION COMPANY INC business filings ] SCHMIDT CONSTRUCTION COMPANY, INC. 15883 ROBBER PL CALDWELL, ID 83607 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 25 Sep 2002 Origination/Authorization: Initial Registered Agent: WM M SCHMIDT 17826 CHICKEN DINNER RD CALDWELL, ID 83607 Organizational ID / Filing C145592 Number: Number of Authorized Stock 1000 Shares: Date of Last Annual Report: 16 Sep 2014 Annual Report Due: Sep 2015 Original Filing: [ Help Me Print/View TIFF ] Filed 25 Sep 2002 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: [ Help Me Print/View TIFF ] Amendment Filed 27 Dec REINSTATEMENT View Image (PDF format) View 2005 Image (TIFF format) Annual Reports: [ Help Me Print/View TIFF ] Report for year 2014 ANNUAL REPORT View Document Online Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT View Image (PDF format) View Image (TIFF format) View Image (PDF formats View Image (TIFF format) http://www.accessidaho.org/public/sos/corp/C145592.html 2/19/2015 Meridian City Council Meeting DATE: February 24, 2015 ITEM NUMBER: 51 PROJECT NUMBER: ITEM TITLE: I. Resolution No. 16)y I : To Destroy Certain Semi -Permanent Records of the Information Technology Department MEETING NOTES a 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 BY THE CITY COUNCIL: RESOLUTION NO. I S JOC1 BIRD, BORTON, MILAM, CAVENER, ROUNTREE,ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN AUTHORIZING THE CITY CLERK TO DESTROY CERTAIN SEMI- PERMANENT RECORDS OF THE INFORMATION TECHNOLOGY DEPARTMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have the authority pursuant to Idaho Code section 50-907(4) to, by resolution, destroy semi-permanent records, upon the advice of the City Attorney, and with such disposition to be under the direction and supervision of the City Clerk; and WHEREAS, the City Clerk has identified certain semi-permanent records that may be destroyed pursuant to Idaho Code sections 50-907(2) because the time period for retention of such records has expired; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Clerk is hereby authorized to direct and supervise the destruction of the following semi-permanent records of the Information Technology Department: INFORMATION TEC14NOLOGY YEAR(S) DESCRIPTION 1. Semi-permanent Outlook e-mail messages — E-mails dated up to and All e-mail messages, sent or received by general; City staff including December 31, 2009 City staff using Outlook software, that are stored in Outlook or the City's e-mail archiving system. (E-mail messages may be preserved elsewhere in digital or paper format for longer periods of time as the subject matter of such messages may re uire.) Section 2. That the City Clerk is authorized to take all necessary steps to destroy the records as provided by this Resolution. Section 3. 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 24`h day of February, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this 24th day of February, 2015. RESOLUTION AUTHORizING DESTRUCTION OF INFORMATION TECHNOLOGY DEPARTMENT RECORDS 2015-02 PAGE 1 OF 2 ATTEST: By: Ja cc e L. Holman, City Clerk APPROVED: Mayor Ta y de Veerd RESOLUTION AUTHORIZING DESTRUCTION OF INFORMATION TECHNOLOGY DEPARTMENT RECORDS 2015-02 PAGE 2 OF 2 Meridian City Council Meeting DATE: February 24, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: J. Resolution No. 050 A Resolution Declaring Surplus Fire Hose and Approving Donation of Fire Hose to Kuna Rural Fire District 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 „:- � c, CITY OF MERIDIAN RESOLUTION NO. toy BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN SETTING FORTH FINDINGS AND PURPOSES TO DECLARE SURPLUS FIRE HOSE AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE THE FIRE HOSE TO THE KUNA RURAL FIRE DISTRICT. WHEREAS, it is in the best interest of the City of Meridian to declare that the Fire Hose described below as surplus as it is no longer needed or used by the City of Meridian; and the Cityof Meridian'spurchasing policy allows surplus City property to be WHEREAS, g transferred to charitable organizations when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; and WHEREAS,the cost of maintaining the Fire Hose until it were sold, if it could be sold, exceeds its value to the Cityof Meridian and would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate the Fire Hose listed in Exhibit"A”to the Kuna Rural Fire District, a governmental agency located in Kuna, Idaho. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO,AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare the Fire Hose listed in Exhibit"A" as surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of such Fire Hose described herein to the Kuna Rural Fire District. of the Cityof Meridian, Idaho, this°9'k day of February, ADOPTED by the City Council 2015. APPROVED by Mayor Ma or of the City of Meridian, Idaho, this . ` y day of February, 2015. CITY OF ME ' I • •, 3 L7 ,, [[ Y Attest: I .ERIN .0/ -L,"14 . A _ f Tammy eMayor `�• erd qR a ee Holman, City Clerk � SEAL RESOLUTION AUTHORIZING DONATION OF FIRE HOSE TO KUNA RURAL FIRE DEPARTMENT PAGE 1 OF 1 DISPOSAL: To dispose of an item complete the "Property Disposal Authorization Request" or "Asset Information Form". Once the form is complete it should be routed as follows: A. Signature and date of Department Director. B. Send to Finance Dept for review and signature. C. Finance will route to Mayor for approval. D. Finance will return the approved form to the Department so they can proceed with disposal. E. Once the property is disposed of the Department will note on the form the final disposition of the property and forward to Finance to delete from the Fixed Asset Listing & City Inventory Listing. PROPERTY DISPOSAL AUTHORIZATION REQUEST Reason for disposal of property: Past NFPA recommended service life of 10 ears Condition of asset to be disposed: Poor Codition but passed last annual service test ?-/7-/5— Approval to Retire or Remove an Asset Date Approved by Council: Resolution No Note: Donations will have to be approved by Council. If the item is on the Fixed Asset Listing or was a Capital Purchase then the disposal will also have to be approved by Council, Finance will then route the disposal request to Legal for Council Approval and Resolution. CITY of MERIDIAN ASSET INFORMATION FORM DEPARTMENT Fire DESCRIPTION SPECIFIC LOCATION %TAG Fire Hose Fire Station #3 MANUFACTURER SERIAL# VENDOR multiple Multiple El 1 ORIGINAL COST ACQUISITION DAT LIFE -Addition of New Asset Upon receipt of a new Older than 10 years 10 ears asset take the time to adhere a tag and complete the "Asset Information Form" and forward to Finance. 2 - Disposal of Asset (#2 thru 6 please give a brief description of how you disposed of the asset) Hose will be donated to Kuna Rural Fire District. krcit 0n R t p /0 Ft/trtj V'yF Yl0R3' k0 6/otJ HIDE 3 - Renewal/Replacement of existing Asse "1 o ✓ f m rJ d r.4 NU o a O( 4 - Transfer Asset V 5 - Change Asset 6 - Retirement of Asset DISPOSAL: To dispose of an item complete the "Property Disposal Authorization Request" or "Asset Information Form". Once the form is complete it should be routed as follows: A. Signature and date of Department Director. B. Send to Finance Dept for review and signature. C. Finance will route to Mayor for approval. D. Finance will return the approved form to the Department so they can proceed with disposal. E. Once the property is disposed of the Department will note on the form the final disposition of the property and forward to Finance to delete from the Fixed Asset Listing & City Inventory Listing. PROPERTY DISPOSAL AUTHORIZATION REQUEST Reason for disposal of property: Past NFPA recommended service life of 10 ears Condition of asset to be disposed: Poor Codition but passed last annual service test ?-/7-/5— Approval to Retire or Remove an Asset Date Approved by Council: Resolution No Note: Donations will have to be approved by Council. If the item is on the Fixed Asset Listing or was a Capital Purchase then the disposal will also have to be approved by Council, Finance will then route the disposal request to Legal for Council Approval and Resolution. Meridian City Council Meeting DATE: February 24, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: 6. Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: February 24, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: A. Mayor's Office: Resolution No. A;_-1051 A Resolution Re -Appointing Mary Jensen to Seat 2 of the Meridian Arts Commission 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. 15— 1051 BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING MARY JENSEN TO SEAT 2 OF THE MERIDIAN ARTS COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on February 24, 2009 by Resolution no. 09-652, Mayor De Weerd designated Mary Jensen to fill Seat 2, the initial term of which was to be three years per the Commission Bylaws, i.e. from February 27, 2009 through February 26, 2012; WHEREAS, on January 24, 2012 by Resolution no. 12-833, Mayor De Weerd re -appointed Mary Jensen to fill Seat 3, to three years per the Commission Bylaws, i.e, from February 26, 2012 through February 26, 2015; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective February 24, 2015, Mary Jensen shall be reappointed to Seat 2 of the Meridian Arts Commission, which term shall run from February 24, 2015 through February 28, 2018, pursuant to Meridian City Code Section 2-5-3 (C). Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. q ADOPTED by the City Council of the City of Meridian, Idaho, this a �ayof February, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this 4? day of February, 2015. ATTEST: C ,c�iyol City Cle ��"''"'., APPROVED: Mayor Ta y de Weerd RESOLUTION REAPPOINTING JENSEN TO MERIDIAN ARTS COMMISSION PAGE 1 OF 1 Meridian City Council Meeting DATE: February 24, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: B. Community Development: Multipurpose and Event Center Project 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 Downtown Meridian Multi -Use Center Schedule for Request for Proposals (RFP) February ,ECEIVED i c» , �vTi CITY OF CG r%zwt- CITY CLERKS OFFICE • Project Development Plan final presentation to City Council • Develop talking points for project team and Steering Committee to use • One on one conversations o Performing arts groups o Property owners o Selected developers—advice and counsel • Finalize RFP schedule o Confirm with Steering Committee _- o Confirm with City Council =- • Assign task teams o Funding o Performing arts o Development community =- • Determine if (and what) consulting assistance is needed for RFP process o Identify budget for services _(if needed) o Confirm Purchasing issues, if any March • Re-engage stakeholders -_- _ o Convene round table meetings and one on one meetings ■ Feedback on d rection we are taking • Brief them_ on what we will be asking them for in April: • Letters of Interest ` o=__Confirm their`interest in performance venue o Performance venue needs and desires o Office space requirements (if any) _- --o Annual budget o Grants, philanthropic contributions or other funding April • Compile Letters of Interest received • Begin drafting the RFP • Speak with a few developers to gauge their interest and feedback on the RFP process • Meet with philanthropists to gauge their interest to participate • Develop scoring criteria based on needs and interests May • Finalize and compile the Letters of Interest and stakeholder needs and assets • Finalize philanthropic "earmark for RFP • Finalize draft RFP • Obtain feedback from development community and performing arts stakeholders on RFP • Other uses (library, museum, etc.)? • Determine ownership/management entity for Performing Art Center • Finalize City/MDC issues (surveys of land, appraisals, etc...) • Develop database of RFP recipients • Market RFP o Urban Land Institute (ULI) members o Building Owners and Managers Association (BOM_ A) members o American Institute of Architects (AIA) o Others? June • Finalize RFP • Send out RFP (give 2 months to respond, I -n-cluding any Q&A periods)_ July • While waiting for RFP response deadline: o Select and organize RFP Review Committee ■ Assign RFP Review Committee • _RepresentativesfromMDC Cham berCity staff • Need expertise in development=finance, design, performing arts, hospitality, etc. o Finalize proposal scoring criteria August • Receive proposals (deadline is mid-August) • Begin scoring proposals with RFP Review Committee • Prepare summary of recommendations • Address_ financial gap -if any , • Review and approval by City Council and MDC board • Notify proposers • Begin negotiations with 1st place development team (move on to 2nd if not successful in negotiations) September • Announce successful development team • City Council and MDC approval • Begin development process Meridian City Council Meeting DATE: February 24, 2015 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: C. City Council: Discuss Upcoming Budget and Participatory Budget Pilot Project 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 Who: What: When: Where: Why: �r —7C� Meridian's Participatory Budget ProcE CEIVED The Pilot project . CITY OFGC% Qv CITY CLERKS OFFICE MYAC (a small control group) + 2 city staff (to monitor) Idaho's first democratic participatory budget process March -June 2015 Um, Meridian A sprinkle of democracy into our budget process Coe 1..J.. February: Present PBP pilot to city council for commitment to the process and fund parameters ($10-$20,000); city staff to assist (Todd and Ken) March: Present structure and purpose of PBP to MVAC Entire MYAC brainstorms ideas for funding and debate April: MYAC executive team refines those ideas into ballot proposals Develops final ballot for a May vote. May: Entire MYAC membership votes on which of its items to fund. Results presented to finance to incorporate into the draft budget June -Aug: City council incorporates MVAC election results into final budget Sept -Nov: MYAC and city assess process. Weigh the pros and cons, what worked and what did not. Is there good cause to continue PBP for improvement and expansion to other groups (ie: all high schools in Meridian, seniors, downtown property owners, chamber members, city district residents, etc). For more information see: www.participatorybudgeting.org ORGANIZING FOR `� aA P"RTMIflArl R7' :: F � 'u L -t'� PE '�`� t How to start participatory budgeting in your community. HTICIPATUflY BUDGETING PROJECT www. participatorybudgeting. org RECEIVE CITY OFC VE muN CITY CLERKS OFFICE PARTICIPATORY } } B OOET NG PROJECT The Participatory Budgeting Project (PBP) is a non-profit organization that empowers people to decide together how to spend public money, primarily in the US and Canada. We create and support participatory budgeting processes that deepen democracy, build stronger communities, and make public budgets more equitable and effective. www.participatorybudgeting.org CONTENTS 3 Introduction 4 Could PB work in your community? 5 Building Support 6 Making the Case for PB 7 Common Arguments Against PB 8 How could PB work? 10 Organizing Public Events 11 Public Event Planning Checklist 12 Next Steps and Resources F, INTRODUCTION Have you noticed all the cuts being made to your city budget? To schools and libraries, fire fighters and social services, and other public spending? Think you could do a betterjob managing the budget? Through participatory budgeting (PB), people in over 1,500 cities around the world are directly deciding how to spend public money. In the US and Canada, tens of thousands of residents in over a dozen cities have used PB to allocate over $100 million to key community improvements. This guide offers tools and tips for starting participatory budgeting in your city. PB is a better way to manage public money. It deepens democracy, builds stronger communities, and makes public budgets more equitable and effective. Building on over 5 years of work supporting PB processes across North America, the Participatory Budgeting Project (PBP) has created this toolkit to help organizers and advocates start new PB processes. We hope that the toolkit makes your organizing more successful, and that you send us feedback so that we can make it more useful. Together we can help communities build real power over real money! COULD PB WORK IN YOUR COMMUNITY? Yes! Participatory Budgeting is a democratic process in which community members directly decide how to spend part of a budget, and there are many ways to make this vision a reality. At the most basic level, you need political will from above and community support from below. In other words, you need support from: people who control budget funds (e.g. an elected official, agency head, department director, etc.), to agree to let the public decide how to spend part of the budget; and community organizations, in particular those working with marginalized communities, to help get people to participate and push the process forward. You'll need to ask around to see if the right conditions exist. Once you've indentified organizations or decision -makers who might be sympathetic, start organizing! Participatory Budgeting Project I www.participatorybudgeting.org/resources BUILDING SUPPORT Successful campaigns require a variety of tactics and lots of perseverance! The best place to start is by recruiting champions from the two key groups in the previous section - officials who control budgets and community groups. When you begin to introduce the idea of PB to your community, talk with as many interested organizations and parties as possible. This includes government representatives and elected officials, local nonprofits, block clubs, religious institutions, political groups, foundations, universities, schools, and activists. The knowledge and relationships of these groups will determine how far your efforts will go. At meetings, we recommend sharing the following materials*: PB Intro Video: Real Money, Real Power (show this in person, even if someone already thinks they know what PB is) PB info sheet Sample ballot 'Putting In Their 2 Cents' New York Times, March 2012 You can also try proposing PB at community meetings, writing editorials or blog posts, and asking elected officials or candidates to take a stance. Bit by bit, this public outreach can add up and spark local interest. *these materials are available at www.participatorybudgeting.org/resources MAKING THE CASE FOR PB When meeting with potential champions, you'll often havejust a few minutes to explain why they should support PB. We've found that people get excited about PB for different reasons, but focusing on the following impacts can help build support from officials and community organizations: More Civic Engagement Participatory budgeting has increased participation in political and community organizations, community boards, school boards, and block associations; increased community mobilization on other issues; and it may also increase voting rates In local elections. Broader Political Participation In each of the initial processes in the US, Steering Com- mittees have decided that any resident at least 16 years old can vote in PB. This inclusive criteria enables historically marginalized populations such as youth, immigrants, and the formerly incarcerated to participate. New Community Leaders and More Active Citizens PB develops residents' civic skills, knowledge, and attitudes. It functions as a school of democracy and citizenship, as participants go through months of deliberation and decision-making. Stronger Relationsh.pi s Between Government, Organizations, and Residents PB connects officials with constituents, enabling them to work together and build trust. It also forges new relationships between organizations focused on different issues and communities. Fairer and More Effective Spending PB connects local knowledge with technical expertise, leading to more informed and responsive spending decisions. High participation by underrepresented groups helps to direct resources to communities with the greatest needs. There are fewer opportunities for corruption, waste, or costly public backlash, and more pressure to dedicate resources to public priorities. Participatory Budgeting Project I www.participatorybudgeting.org/resources COMMON ARGUMENTS AGAINST PB When government officials and other decision -makers first hear about PB, they often have some doubts and concerns. Here's how you can respond to the most common arguments against PB: That's the Elected Official's Job: Voters elect government officials to make the tough decisions, so shomLdn't budgeting be their responsibility? Sure, they should be responsible. But if they share this responsibility with community members, they can better represent local needs and desires. PB helps officials do theirjob better, by putting them in closer touch with their constituents, and by injecting local knowledge and volunteer energy Into the budget process. Officials still make plenty of other decisions, even when they share some power with the people. There's No Money: Budgets are being cut across the board, so how could there be money to Launch PB? Fortunately, PB does not require a new pot of money,just a change to how existing budget funds are decided. You will need some resources to carry out PB, but this investment saves money down the road, as participants discover new ways to make limited budget dollars go farther. The Process Will Be Co -Opted: If budget decisions are opened up to the public, won't the "usual suspects" and powerful community groups dominate? This is a valid concern for any kind of public participation, and PB is not immune. But if you involve all segments of the community in planning the process, and reduce the barriers to participation for marginalized groups, you can prevent any one sector from taking control. Regardless, when people are given real responsibility to make budget decisions, they have tended to rise to the occasion, and think about the broader community. www.participatorybudgeting.org/resources I Participatory Budgeting Project HOW COULD PB WORK? Even if you find enthusiastic officials, they'll probably still have lots of questions. Here are the most common ones, and some options for answering them. What pot of money will the community allocate? PB usually starts with "discretionary funds'—money that is not set aside for fixed or essential expenses, and that is instead allocated at the discretion of decision makers. While this is typically a small part of the overall budget, it is a big part of the funds that are available and up for debate each year. Potential pots of money Include (but are not limited to); Discretionary funds of elected officials City, county, or state budgets Housing authority or other public agency budgets School, school district, or university budgets Community Development Block Grants Community Benefit Agreements Tax Increment Financing (TIF) money Non-governmental sources like foundations, non-profit organizations, or grassroots fundraising, if this money is intended for public or community projects. Some PB processes mix funds from different sources to build a bigger budget pot. How much money is enough to do PB? The amount of money you need depends on what it will be used for, but the good news is that almost no pot of money is too small to start! PB has worked with a few thousand dollars and with many millions of dollars. We suggest starting with at least $1 million, so participants feel like it's worth their time. Most processes involve 1-15% of the overall budget. PB often starts as a pilot project with a small budget. Once the process is successful, it's easier to build political will to increase the pot of money. Regardless, you'll want funds that are renewable from year to year, so that PB Isn't Just a one-year fling. And in the long run, the more money, the more you can dol Participatory Budgeting Project I www.participatorybudgeting.org/resources How much does it cost to implement PB? Building a new democratic process takes a lot of work. You need staff to run the process, and funds for operating costs like design, printing, publicity, and a website. To make the process accessible for diverse communities, you need to pay for translation, interpretation, childcare, refreshments, trained facilitators, and outreach canvassers. The costs vary depending on how large and complex the process Is. For a city of under 200,000 residents, $200,000 is a good starting point for an implementation budget. In other words, one dollar per resident. For larger cities there are more economies of scale, such as cheaper mass printing and publicity, so the process costs less per resident. How long does PB take? Once a pot of money has been committed, you'll want 4-6 months to plan and design the process, and then another 6 months to carry out the process. It typically takes a month or two to collect ideas, 3-4 months to turn them into concrete and vetted proposals, and another month for voting (including outreach). Some cities have tried to condense the process into just a couple months, but this usually results in less participation and more projects going to the ballot before they've been fully developed or approved by technical experts. This tends to be frustrating for both staff and residents. Staff lose faith that the public can come up with good ideas, and community members become disillusioned when their projects don't get implemented. www.participatorybudgeting.org/resources I Participatory Budgeting Project ORGANIZING PUBLIC EVENTS Once you've identified some champions and had initial discussions, organize a public event or events to push PB forward. We recommend two events in particular: Community Forum Hold a public talk in a community or university space to build awareness and support from community groups, residents, and elected officials. Bringing in expert speakers who have experience implementing PB adds legitimacy and importance to the event, and helps address people's practical questions and concerns. Ask local organizations and universities to host or co-sponsor the event, to build up support and resources. A basic agenda includes: • Presentations and videos from PBP and elected officials or community groups who have done PB Responses from local organizations and elected officials Question & Answer • Next steps - for event organizers and participants People learn the most when they participate actively, so use ice- breakers, small group discussions, pair shares (asking people to pair up with the person next to them to debrief after presentations), and other creative methods to make the event interactive. And don't forget to collect participants' names and contact info at the door! City Council / Government Briefing Work with supportive elected officials to schedule an official briefing, presentation, or study session for City Council, the mayor, or other elected officials who could potentially implement PB. If possible, invite an elected official who has used PB to speak - officials learn best from their peers. If your events are successful, they'll lead to some new opportunities for PB. Then you can refocus your organizing energy around planning a new PB process' 10 Participatory Budgeting Project I www.participatorybudgeting.org/resources PUBLIC EVENT PLANNING CHECKLIST Planning the event ❑ Form a planning committee ❑ Recruit sponsors ❑ Find a location and confirm date ❑ Create an agenda outlining the schedule ❑ Identify speakers ❑ Recruit volunteers ❑ Secure refreshments, materials, childcare, and interpreter Publicizing the event ❑ Create and distribute a flyer and email announcement ❑ Collect RSVPs and track contact info to send reminders ❑ Write a press release and send to local media ❑ Do outreach in the community ❑ Promote the event via social media ❑ Activate event sponsors and partners to help recruit ❑ Invite elected officials At the event (60-90 minutes before the event) ❑ Post flyers and signs to help people navigate the space ❑ Set up sign -in table with sign -in sheets, pens, markers, name -tags, PB info sheets, and information from partners ❑ Set up refreshments table: healthy snacks, plates, napkins, cups, serving utensils, plates ❑ Test AN equipment: projector, laptop, speakers, microphone After the event ❑ Thank volunteers, sponsors, and speakers ❑ Follow up with attendees about how they can get more involved ❑ Schedule follow-up meetings with key decision makers and the event planning committee www.participatorybudget!ng.org/resources I Participatory Budgeting Project NEXT STEPS Reading about strategies is great, but the only way to make PB happen is to take action! Here are 3 steps you can take right now: 1. Share this toolkit with potential allies to start the conversations leading to a public event. 2. Visit www.participatorybudgeting.org/resources to see find more information, sign up for the PEP Newsletter and connect with us on Social Media! twitter.com/PBProject facebook.com/Partici patoryBu dgetin g Project 3. Email info@participatorybudeting.org and let us know that you're ready to bring PB to your community; we can then connect you to other PB advocates near you! MORE RESOURCES For tons of additional resources, visit www.participatorybudgeting.org/resources You will find: - Info Sheets and FAQ - Videos (in English and Spanish) - Photos of PB in action - Policy briefs - Sample ballots, brochures, flyers, rulebooks, resolutions, and other materials - Calendars of upcoming PB events - Stories of PB participants Case studies - and more! 12 Meridian City Council Meeting DATE: February 24, 2015 ITEM NUMBER: $ ITEM TITLE: 8. Future Meeting Topics PROJECT NUMBER: 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: February 24, 2015 ITEM NUMBER: 9 PROJECT NUMBER: ITEM TITLE: 9. Executive Session Per Idaho State Code 67-2345 (1) (c)(d)(f): (c) To Conduct Deliberations Concerning Acquiring an Interest in Real Property, Which is Not Owned by a Public Agency; (d) To Consider Records that are Exempt from Disclosure as Provided in Chapter 3, Title 9, Idaho Code; AND (f) To Consider and Advise Its Legal Representatives in Pending Litigation 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