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2015-04-07
CVEPIDIAN*,-, CITY COUNCIL REGULAR IDAHO MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, April 07, 2015 at 6:00 PM 1. Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X_ Keith Bird O Genesis warn X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Nate Lacy, Pastor with Parkview Christian Church 4. Adoption of the Agenda Adopted 5. Proclamation A. Proclamation for Parkinson's Awareness Month 6. Consent Agenda Approved A. Approve Minutes of March 24, 2015 City Council Meeting B. Approve Minutes of March 17, 2015 City Council PreCouncil Meeting C. Approve Minutes of March 17, 2015 City Council Meeting D. Agreement to Accept Payment in Lieu of Installing Streetlights at Knighthill Subdivision E. Reimbursement Agreement Regarding the Landscape Design Services for Bellano Creek Neighborhood Park Between Coleman Homes, LLC and the City of Meridian for a Not -To -Exceed Amount of $23,387.50 Vacated F. Water Main Easement for Commercial Southwest Subdivision No. 2 Meridian City Council Meeting Agenda —Tuesday, April 07, 2015 Page 1 of 6 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. G. Approval of Award of Bid and Agreement to AME ELECTRIC, INC for the "LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION" project for a Not -To -Exceed amount of $100,000.00 H. Approval of Contract Amendment No. 1 to the Agreement with Taser International for the "Body Worn Camera System" Project for a Not -To - Exceed amount of $57,890.00 I. Approval of Change Order No. 1 to Pegasus Planning and Development for the "PROJECT DEVELOPMENT PLAN — MULTI PURPOSE EVENT CENTER" project for a Not -To -Exceed amount of $15,500.00 Vacated J. Approval of Award of Bid and Agreement to Cascade Pipeline Corp. for the "SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION" Project for a Not -To -Exceed amount of $509,194.50 K. Professional Services Agreement for Kleiner Park LIVE Concert Series Production Services Between Plan Ahead Events - Boise and the City of Meridian L. Community Development Block Grant (CDBG) Sub -recipient Agreement for Meridian Food Bank M. Community Development Block Grant (CDBG) Sub -recipient Agreement for Charitable Assistance to Community's Homeless (CATCH) N. Meridian Community Block Party 2015 Sponsorship Agreement Between the Boise Co-op and the City of Meridian for a Not -To -Exceed Amount of $1,500.00 O. Meridian Community Block Party 2015 Sponsorship Agreement Between Idaho Central Credit Union and the City of Meridian for a Not -To -Exceed Amount of $3,600.00 P. Meridian Community Block Party 2015 Sponsorship Agreement Between Meridian United Sports Center Academy and the City of Meridian for a Not - To -Exceed Amount of $750.00 Q. Meridian Community Block Party 2015 Sponsorship Agreement Between CenterCal and the City of Meridian for a Not -To -Exceed Amount of $1,500.00 R. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between Tucanos Brazilian Grill and the City of Meridian for a Not -To -Exceed Amount of $550.00 Meridian City Council Meeting Agenda —Tuesday, April 07, 2015 Page 2 of 6 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. S. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between Parkview Christian Church and the City of Meridian for a Not -To -Exceed Amount of $500.00 T. CableONE Movie Night in Meridian 2015 Presenting Sponsorship Agreement Between Saint Alphonsus Medical Group - Meridian Health Plaza and the City of Meridian for a Not -To -Exceed Amount of $3,000.00 U. CableONE Movie Night in Meridian 2015 Presenting Sponsorship Agreement Between Connections Credit Union and the City of Meridian for a Not -To -Exceed Amount of $3,000.00 V. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between RC Willey and the City of Meridian for a Not -To -Exceed Amount of $500.00 W. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between Meridian United Sports Center Academy and the City of Meridian for a Not -To -Exceed Amount of $500.00 X. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between the Meridian Library District and the City of Meridian for a Not -To -Exceed Amount of $500.00 Y. Development Agreement for Approval: AZ 14-015 Granton Square by Granton Properties, LLC Located on the East Side of N. Locust Grove Road, South of E. Ustick Road. Request: Annexation and Zoning of 5.13 Acres With the R-8 Zoning District Z. Resolution No. 15-1059: A Resolution Amending The City Of Meridian's Citywide Records Retention Schedule AA. Resolution No. 15-1060: A Resolution Authorizing the Mayor of the City of Meridian to Donate Certain Theater Seats from Old City Hall to the Harvest Church BB. Final Order: FP 15-007 Whitebark Subdivision No. 1 by BHH Investments 1, LLC Located 2135 E. Amity Road Request: Final Plat Approval Consisting of Twenty -Nine (29) Building Lots and Five (5) Common Lots on 10.54 Acres of Land in an R-4 Zoning District CC. Final Order: FP 15-008 Three Corners No. 3 by Conger Management Group Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Final Plat Approval Consisting of Twenty -One (21) Meridian City Council Meeting Agenda — Tuesday, April 07, 2015 Page 3 of 6 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. Single -Family Residential Building Lots and Four (4) Common Lots on Approximately 6.81 Acres of Land in the R-4 and R-8 Zoning Districts DD. Findings of Fact, Conclusions of Law for Approval: AZ 15-001 Bellabrook East by ZWZ Properties, LLC Located 398 S. Locust Grove Road Request: Annexation and Zoning of 5.19 Acres of Land with an R-15 Zoning District EE. Findings of Fact, Conclusions of Law for Approval: Continued from March 17, 2015: PP 15-001 Bellabrook East by ZWZ Properties, LLC Located 398 S. Locust Grove Road Request: Preliminary Plat Approval Consisting of Nine (9) Buildable Lots, Two (2) Common Lots and One (1) Other Lot on 5.14 Acres of Land in a Proposed R-15 Zoning District FF. FP 15-009 Biltmore Estates Subdivision No. 2 by Oakwood Estates, LLC Located South of W. Victory Road and West of S. Meridian Road Request: Final Plat Approval Consisting of Twenty -Nine (29) Building Lots and Five (5) Common/Other Los on 10.62 Acres of Land in the R-4 Zoning District 7. Items Moved From Consent Agenda None 8. Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update B. Mayor's Office: Resolution No. 15-1061: Re -appointing Stephen Lewis to Seat 5 and Tracy Hopkins to Seat 6 of the Meridian Transportation Commission Approved C. Parks and Recreation Department: CableONE Movie Night in Meridian and Meridian Community Block Party Sponsor Recognition 9. Action Items A. Public Hearing: Proposed Summer 2015 Fee Schedule of the Meridian Parks and Recreation Department B. Resolution No. 15-1062: A Resolution Adopting the Summer 2015 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date Approved C. Public Hearing: RZ 15-001 Paramount Southeast Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Rezone of 5.05 Acres of Land from the C -G Zoning District and 3.37 Acres of Land from the R-40 to the C -G Zoning District Approved Meridian City Council Meeting Agenda — Tuesday, April 07, 2015 Page 4 of 6 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. D. Public Hearing: PP 15-002 Paramount Southeast Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Preliminary Plat Approval Consisting of One (1) Building Lot in the R-40 Zoning District; Twenty -Two (22) Building Lots in the C -G Zoning District and Five (5) Common / Other Lots on 36.04 Acres of Land Approved E. Public Hearing: CUP 15-002 Paramount Southeast Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Conditional Use Permit for a Multi -Family Development Consisting of 280 Dwelling Units in an R-40 Zoning District Approved F. Public Hearing: RZ 15-003 Jayker Village Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard; West of N. Tree Farm Way and N. Tree Haven Way Request: Rezone 26.09 Acres from the C -N and the R-15 Districts to the R-15 (8.48 Acres) and C -C (17.61 Acres) Zoning Districts Denied G. Public Hearing: PP 15-003 Jayker Village Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard; West of N. Tree Farm Way and N. Tree Haven Way Request: Preliminary Plat Approval Consisting of One (1) Residential Lot, Three (3) Commercial Lots and Three (3) Common Lots on Approximately 23.59 Acres in the Proposed R-15 and C -C Zoning Districts Not Approved H. Public Hearing: CUP 15-003 Jayker Village Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard; West of N. Tree Farm Way and N. Tree Haven Way Request: Conditional Use Permit for a Self -Service Storage Facility Consisting of a Care -Taker's / Office Building and Fifteen (15) Storage Buildings on Approximately 11.18 Acres of Land in a Proposed C -C Zoning District Not Approved I. Public Hearing: MDA 15-001 Jayker Village Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard, West of N. Tree Farm Way and N. Tree Haven Request: Development Agreement Modification to Exclude the Proposed C -C Zoning Boundary from the Existing Development Agreement Not Approved 10. Department Reports A. Community Development: Review and Approve City Roadway, Intersection and Community Program Project Priorities for 2015 Meridian City Council Meeting Agenda — Tuesday, April 07, 2015 Page 5 of 6 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. 11. Ordinances A. Ordinance No. 15-1640: Repealing And Replacing Meridian City Code Section 3-1-2, Regarding Authorization Of FBI National Criminal History Records Checks Approved B. Ordinance No. 15-1641: An Ordinance (AZ 14-015) for the Annexation and Rezone of a Parcel of Land Being a Portion of the N 1/2 of the SW 1/4 of the NW 1/4 of Section 5, Township 3 South, Range 1 East, Ada County, Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8 and Providing an Effective Date Approved 12. Future Meeting Topics 13. Executive Session Per Idaho State Code 67-2345 (1)(d)(f): (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 10:36 p.m. Out of Executive Session at 12:31 p.m. Adjourned at 12:31 p.m. Meridian City Council Meeting Agenda — Tuesday, April 07, 2015 Page 6 of 6 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 April 7, 2015. A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday, April 7, 2015, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, David Zaremba, Joe Borton, and Luke Cavener. Members Absent: Genesis Milam. Others Present: Bill Nary, Jaycee Holman, Calelb Hood, Sonya Watters, Bill Parsons, Colin Moss, Warren Stewart, Berle Stokes, and Mark Niemeyer. Item 1: Roll-call Attendance: Roll call. X _ David Zaremba X _ Joe Borton X __ Charlie Rountree X_ Keith Bird _____ Genesis Milam __X___ Lucas Cavener _X Mayor Tammy de Weerd De Weerd: Okay. I would like to welcome all of you for -- to our City Council meeting. We appreciate you joining us. It's always nice to have citizens that care about their community and come to participate in the -- in the government process. So, thank you for being here. For the record it is Tuesday, April 7th. It 6:00 p.m. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge -- in our Pledge of Allegiance. (Pledge of Allegiance recited.) Item 3: Community Invocation by Nate Lacy, Pastor with Parkview Christian Church De Weerd: Our community invocation will be led by Nate Lacy. Nate is with the Parkview Christian Church. Nate, we would like to thank you for joining us and afterwards I will present you a City of Meridian pin for joining us. Lacy: Very good. De Weerd: Thank you for being here. Meridian City Council April 7, 2015 Page 2 of 76 Lacy: Thank you. Do I face this way or this way? Okay. My name is Nate Lacy and I'm a family pastor at Parkview Christian. I did just move back here from Hawaii. I had kind of a -- a -- ah. It was a little bit of grass is greener syndrome, but I think we all have experienced that. If you're a guy it's the truck that you bought. Or the dress that you just purchased, but we have something pretty amazing here and I moved back here because the people here are amazing. Safety is incredible for my family and there is this beautiful wide open spaces here. So, be thankful for where you live. If you would bow with me we will thank God. Lord, you are amazing and just give us wonderful blessings to each of us and we can just be thankful for that. We just ask, Lord, that you would be in our hearts to apply the golden rule that -- the wonderful lessons that you have given us through this wonderful education that we get here in Idaho and we just ask that you would help us to be mindful of our brothers and sisters here. Help us to use the minds you have given us as you have said worship you with all our mind and our soul and we want to use that to be -- to be mindful of the God given ability you have you given us here. Help us to be respectful, to be mindful of all the blessings you give us here, including your son Jesus. We just pray that you would give us wisdom and respect, but be with the leaders here. Help them to make wise decisions based around the beautiful people of Meridian, Idaho. We pray all this in Jesus' name, amen. De Weerd: Nate, if I could give you a City of Meridian pin for joining us. Thank you. Item 4: Adoption of the Agenda De Weerd: Okay. Item No. 4 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Item 6-I and 6-E have been requested to be vacated by staff. Item 6-Z, the resolution number is 15-1059. Item 6-AA, the resolution number is 15-1060. On Item 8, 8-B, the resolution number is 15-1061. Under Item 9, 9-B, the resolution number is 15- 1062. Under item 11-A, the ordinance number is 15-1640. And under Item 11-B, the ordinance number is 15-1641. And with those additions, Madam Mayor, I move that we approve the agenda. Bird: Second. De Weerd: I have a motion and a second to approve the agenda as read. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 5: Proclamation A. Proclamation for Parkinson's Awareness Month Meridian City Council April 7, 2015 Page 3 of 76 De Weerd: Council, I'm going to head down to the podium to read a proclamation. Lisa, are you here? Thank you for being here. I'm going to read a proclamation that we have been fortunate enough to join with this group each year to bring awareness to this by proclaiming this day Parkinsons Awareness Month and, then, Lisa, if you would like to say a few words afterwards. Okay? Whereas Parkinsons Disease is a chronic, progressive, neurologic disease that is estimated to affect a half a million to 1.5 million Americans and whereas the exact cause of Parkinsons Disease is still unknown. Research suggests the cause is a combination of genetic and environmental factors. And whereas symptoms of Parkinsons Disease may include tremors, cognitive impairment and mood disorders, difficulty with balance, swallowing, chewing and speaking and whereas there is no known cure. There are treatments currently in place to improve the quality of life for people diagnosed with Parkinsons Disease and their families and whereas increased research, education and community support are needed to discover more effective treatments, which will, hopefully and ultimately, result in discovering a cure for those living with Parkinsons Disease today and whereas April has been proclaimed as Worldwide Parkinsons Awareness Month for all to recognize the need for research and help in dealing with Parkinsons Disease, therefore, I, Tammy de Weerd, Mayor of the City of Meridian, hereby proclaim April 2015 to be Parkinsons Awareness Month in the City of Meridian and I encourage all citizens to increase their awareness of this disease and the continued need for research, better treatment and eventual cure. I sign this this day the 7th day of April and thank you so much for joining us in helping to raise awareness. Bain: Thank you, Madam Mayor, Members of the City Council. My name is Lisa Bain and I am a member the Parkinsons community here in Idaho and here in Meridian. We are a small group tonight, but we represent people who have Parkinsons, people who have loved ones with Parkinsons and even in our medical community who are supporting advanced research to find a therapy and find a cure. Every nine minutes someone in this country is diagnosed with Parkinsons Disease and their lives and their family's lives have forever changed. That means from the time this meeting was called to order to the time that Mayor Tammy just proclaimed it Parkinsons Awareness Month two more families -- two more communities have been forever changed by this disease. So, we appreciate your helping us bring awareness and thank you very much. We look forward to the day when we don't need this, because this disease is gone. Item 6: Consent Agenda A. Approve Minutes of March 24, 2015 City Council Meeting B. Approve Minutes of March 17, 2015 City Council PreCouncil Meeting C. Approve Minutes of March 17, 2015 City Council Meeting D. Agreement to Accept Payment in Lieu of Installing Streetlights at Knighthill Subdivision Meridian City Council April 7, 2015 Page 4 of 76 F. Water Main Easement for Commercial Southwest Subdivision No. 2 G. Approval of Award of Bid and Agreement to AME ELECTRIC, INC for the “LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION” project for a Not-To-Exceed amount of $100,000.00 H. Approval of Contract Amendment No. 1 to the Agreement with Taser International for the “Body Worn Camera System” Project for a Not-To-Exceed amount of $57,890.00 J. Approval of Award of Bid and Agreement to Cascade Pipeline Corp. for the “SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION” Project for a Not-To-Exceed amount of $509,194.50 K. Professional Services Agreement for Kleiner Park LIVE Concert Series Production Services Between Plan Ahead Events - Boise and the City of Meridian L. Community Development Block Grant (CDBG) Sub-recipient Agreement for Meridian Food Bank M. Community Development Block Grant (CDBG) Sub-recipient Agreement for Charitable Assistance to Community's Homeless (CATCH) N. Meridian Community Block Party 2015 Sponsorship Agreement Between the Boise Co-op and the City of Meridian for a Not-To- Exceed Amount of $1,500.00 O. Meridian Community Block Party 2015 Sponsorship Agreement Between Idaho Central Credit Union and the City of Meridian for a Not-To-Exceed Amount of $3,600.00 P. Meridian Community Block Party 2015 Sponsorship Agreement Between Meridian United Sports Center Academy and the City of Meridian for a Not-To-Exceed Amount of $750.00 Q. Meridian Community Block Party 2015 Sponsorship Agreement Between CenterCal and the City of Meridian for a Not-To-Exceed Amount of $1,500.00 Meridian City Council April 7, 2015 Page 5 of 76 R. CableONE Movie Night in Meridian 2015 Single-Night Sponsorship Agreement Between Tucanos Brazilian Grill and the City of Meridian for a Not-To-Exceed Amount of $550.00 S. CableONE Movie Night in Meridian 2015 Single-Night Sponsorship Agreement Between Parkview Christian Church and the City of Meridian for a Not-To-Exceed Amount of $500.00 T. CableONE Movie Night in Meridian 2015 Presenting Sponsorship Agreement Between Saint Alphonsus Medical Group - Meridian Health Plaza and the City of Meridian for a Not-To-Exceed Amount of $3,000.00 U. CableONE Movie Night in Meridian 2015 Presenting Sponsorship Agreement Between Connections Credit Union and the City of Meridian for a Not-To-Exceed Amount of $3,000.00 V. CableONE Movie Night in Meridian 2015 Single-Night Sponsorship Agreement Between RC Willey and the City of Meridian for a Not-To-Exceed Amount of $500.00 W. CableONE Movie Night in Meridian 2015 Single-Night Sponsorship Agreement Between Meridian United Sports Center Academy and the City of Meridian for a Not-To-Exceed Amount of $500.00 X. CableONE Movie Night in Meridian 2015 Single-Night Sponsorship Agreement Between the Meridian Library District and the City of Meridian for a Not-To-Exceed Amount of $500.00 Y. Development Agreement for Approval: AZ 14-015 Granton Square by Granton Properties, LLC Located on the East Side of N. Locust Grove Road, South of E. Ustick Road. Request: Annexation and Zoning of 5.13 Acres With the R-8 Zoning District Z. Resolution No. 15-1059: A Resolution Amending The City Of Meridian's Citywide Records Retention Schedule AA. Resolution No. 15-1060: A Resolution Authorizing the Mayor of the City of Meridian to Donate Certain Theater Seats from Old City Hall to the Harvest Church BB. Final Order: FP 15-007 Whitebark Subdivision No. 1 by BHH Investments 1, LLC Located 2135 E. Amity Road Request: Final Plat Approval Consisting of Twenty-Nine (29) Building Lots and Meridian City Council April 7, 2015 Page 6 of 76 Five (5) Common Lots on 10.54 Acres of Land in an R-4 Zoning District CC. Final Order: FP 15-008 Three Corners No. 3 by Conger Management Group Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Final Plat Approval Consisting of Twenty-One (21) Single-Family Residential Building Lots and Four (4) Common Lots on Approximately 6.81 Acres of Land in the R-4 and R-8 Zoning Districts DD. Findings of Fact, Conclusions of Law for Approval: AZ 15-001 Bellabrook East by ZWZ Properties, LLC Located 398 S. Locust Grove Road Request: Annexation and Zoning of 5.19 Acres of Land with an R-15 Zoning District EE. Findings of Fact, Conclusions of Law for Approval: Continued from March 17, 2015: PP 15-001 Bellabrook East by ZWZ Properties, LLC Located 398 S. Locust Grove Road Request: Preliminary Plat Approval Consisting of Nine (9) Buildable Lots, Two (2) Common Lots and One (1) Other Lot on 5.14 Acres of Land in a Proposed R-15 Zoning District FF. FP 15-009 Biltmore Estates Subdivision No. 2 by Oakwood Estates, LLC Located South of W. Victory Road and West of S. Meridian Road Request: Final Plat Approval Consisting of Twenty-Nine (29) Building Lots and Five (5) Common/Other Los on 10.62 Acres of Land in the R-4 Zoning District De Weerd: Thank you. Okay. Council, Item No. 6 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: With the vacation of Items 6-E and I, I move that we approve the Consent Agenda. Authorize the Clerk to attest and the Mayor to sign. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda as changed. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. Meridian City Council April 7, 2015 Page 7 of 76 De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 7: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 8: Department Reports A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update De Weerd: So, we will move right into Department Reports and I will invite our Youth Council representative forward to give you an update on what their activities are. Lawrence: Madam Mayor, Members of the Council, my name is Mackenzie Lawrence and I'm a senior at Renaissance High School and I'm also the vice-chair for the Youth Advisory Council and today I will be updating you on the events that were held in March. So, the first thing that our council did in March is -- our last meeting we had 80 of our council members in attendance, which for this time of the year where seniors are getting ready for graduation and there is prom and there is all kinds of spring sports and events is unprecedented, that's an amazing number of students that are still coming to the meetings and we have 125 active members, which has never happened before. That's our highest number so far I think in the history of our council and it had been really awesome to see how much we have grown over the past couple of years, but with that we have also had a few growing pains, so we have over this last year redefined some of our leadership roles, specifically with the vice-chair position, so as you might have noticed, I have been updating you guys for the last about four times, so we decided to add that to the vice- chair position, because it's something that just kind of worked out that way and also the -- that specific position has kind of fallen by the wayside over the past couple of years. It kind of -- there is not really specific duties that it has, so it's been kind of difficult to find things that I can do regularly to help. So, one of the things is the Council updates and also I make all of the PowerPoints for the general meeting, so we are kind of defining what it means to be the vice-chair. I also have been putting together information and materials for the rest, so that they can distribute that through the schools. We have also revised the communication liaison position where they are using new ways to get information out for our council, as it has grown. It's not enough just to send an e-mail, because there is so many contacts that the e-mail can't really facilitate that anymore, so we have been using Remind 101, which students can sign up for, and it's kind of a blind text messaging application where the communication person, she can't see anyone's number or see anyone's contact information, but she can send out a message to everyone as a representative for MYAC and also we have elected and appointed sub committee leaders for TAC community service and government affairs, so that some of the responsibilities is taken away from Ken and it allows other people within the council to have a leadership position that's separate from just the executive council, so that has been really interesting and exciting and I know that the sub committee leaders are excited to report to Ken and Meridian City Council April 7, 2015 Page 8 of 76 the executive council monthly to kind of keep us updated on what they are doing. So, that's been really interesting as we have grown to kind of define more specific leadership roles and, then, the next thing is the Prom Extravaganza and that was on March 14th. It was a Saturday. And it was a fashion show showing off Paige's Boutique, their prom dresses and the tuxes and rentals for this upcoming season and it benefited CATCH, which is the Charitable Assistance For The Community's Homeless and it really raised awareness of the importance of reaching out to the homeless in our community and that it's an issue that we like to help and it was a good way for our council to be involved in kind of a fun thing, you know, we all love to get dressed up and walk and have pictures taken of us and I think we learned some really valuable lessons about the importance of awareness and community partners and I think it was a really fun thing for our council to be a part of for a first year event. The next thing is in executive council we have been meeting with different department directors and kind of getting their advice on leadership and kind of their methods for working with their team and talking about important topics. So, this month we had talked to Chief Lavy and he had kind of talked to us about awareness of bullying and teen suicide, which is something that our council has tried a few times to really talk about, but have been unsure how to proceed forward with a sensitive issue. So, this is really interesting, because he gave us a lot of really good advice on how to start the conversation and one of those things was just to talk about it. We don't have to put on a grand event, we can just slowly start to talk about it with friends, with the family, with students we go to school with, with our council and he also talked about caution communication and confidence and this applies to a lot of different situations, specifically personal safety and internet safety and it was really interesting for him to give us different tools to talk with the council and with our fellow students about the issues of bullying and teen suicide, because that's something that our council have expressed an interest in working with and kind of trying to start a community conversation about. So, we really enjoy these director meetings. I know that I get a lot out of them. And the next thing that we did was TAC Dart Warz and this was just our March fun youth event and we like to try and have a monthly event, usually on a Friday night or a Saturday, where our advisors and the members of our council can just go and have fun without having to worry about any sort of pressures or bullying. This is a way that we support that anti-bullying message. We try and facilitate events where students can come and hang out with other students and get to know them and have that support network available to them and also we really like to do fun things, like Dart Warz. And after that we also like to do fund things at our meetings. We know that -- I think everyone knows our meetings can get really dry sometimes, kind of boring when we are getting down to the nitty gritty planning stuff, so about once a month I would say we try to have a guest speaker -- a guest speaker or a fun event that we plan and have an activity with the other council members, so for the March 30th meeting we had ComedySportz come and talk to us and if guys don't know about ComedySportz, they have been an amazing partner with us. They come to any meeting we ask them to come to. They do a lot of very fun -- sometimes embarrassing activities, but they also support our anti-bullying message and they have a nobody cares about you kind set of activities where it's like they get us to do all kinds of silly things. Like you have to pick an animal and like go walk around the room and make that animal noise and like everyone has to make different noises to each other and it's kind of the idea of don't be so preoccupied with what everyone thinks about you, Meridian City Council April 7, 2015 Page 9 of 76 because they are really not thinking about you, they are thinking about what they are doing and kind of be comfortable with yourself by doing all these weird, funny activities that are also team building and fun and in their actual performances they do ComedySportz, it's family friendly, they get penalized if they swear or if they make any sort of explicit reference, so it's kind of interesting seeing their family message and it really -- they work really well with us and they are so fun and we really enjoy doing things with them. And, then, finally, tomorrow is April 8th and it is Do The Right. So, we have 5,000 Do The Right stickers. I'm sporting one right now. And we also have 2,500 Be Kind stickers that Ken is wearing one of them and we are really, really excited about this event and I know that we have been talking about ways to share the message and to really get involved and one of the ways that we have done that is the stickers and we have also distributed Post-it pads to all the local Dutch Bros, Albertson's, the Boys and Girls Clubs, the Meridian Library, about 50 Chamber businesses and we are really trying to support our message of Do The Right, get the community involved, share the message with other people. So, we are going to play this video that we made for this as like kind of our promotional video. (Video played.) Lawrence: So, for all of you I have a pad and both the stickers and as a council encourage you guys to participate in Do The Right and you will also see one of these fun little tokens and these are called Kindness Coins and it's from Denzels and what their message is is that it takes about five people to make just one of these -- one of these Kindness Coins and the idea that not only are we spreading kindness in the community, but everyone is coming together to spread that message, so by distributing the Kindness Coin it's showing how the community comes together in events like this to show how supportive everyone is of each other. So, tomorrow and even every day, but specifically tomorrow we encourage you guys to participate in Do The Right and to share your kindness messages with everyone. De Weerd: Thank you, Mackenzie. Council, do you have any questions or comments for Mackenzie? Rountree: Just a comment, Madam Mayor. The enthusiasm hasn't slowed down a bit. Are we going to see you next month or are you going to be departing? Lawrence: We just talked about that and I think I am planning on doing the April update and, then, a May update. So, two more times. Rountree: Great. Great. Lawrence: Pass the torch on to someone else. De Weerd: Thank you, Mackenzie. And those of you that came in might have noticed a sticky note on your seat. We hope that you will all be part of that movement of compassion and be kind tomorrow to a person on your right, whether it's a coworker, a Meridian City Council April 7, 2015 Page 10 of 76 neighbor, or a friend, to just pay it forward and we would love to see this really take wind and our -- our youth council, they were tired of seeing the negative, they were tired of seeing the suffering of some of their fellow students and they are being part of a solution they hope does take and gains speed. So, thank you, Mackenzie, for the role that you play on our community. Lawrence: Also one last thing. If you have been on social media #dotheright, so we can track everyone. Take a picture of what you do, so we can kind of see how you have shared kindness messages. De Weerd: Thank you. And Mackenzie is just one of 125 kids that we get to work with. So, that is -- that is our future. B. Mayor's Office: Resolution No. 15-1061: Re-appointing Stephen Lewis to Seat 5 and Tracy Hopkins to Seat 6 of the Meridian Transportation Commission De Weerd: Okay. Item 8-B is also under the Mayor's Office. Council, in front of you you to have a Resolution 15-1061 to reappoint Stephen Lewis to Seat 5 and Tracy Hopkins to Seat No. 6 of the Meridian Transportation Commission and I would entertain any questions. If not, I would entertain a motion to approve these appointments. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: With appreciation to the service that these two gentlemen have already given to Meridian Transportation Commission, I move that we approve Resolution 15-1061 reappointing Stephen Lewis to Seat 6 and reappointing Tracy Hopkins to Seat 6 of the Meridian Transportation Commission. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion, Madam Clerk, will you call role. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Parks and Recreation Department: CableONE Movie Night in Meridian and Meridian Community Block Party Sponsor Recognition Meridian City Council April 7, 2015 Page 11 of 76 De Weerd: Item 8-C is under our Parks and Recreation Department and I will turn this over to Colin. Moss: Thank you, Madam Mayor, Members of the Council. I am here this evening at Council's request. I'm very appreciative of the request to pay respect to the businesses locally here who support our local events and so, you know, I will jump right into the first one. We are -- we are talking about CableOne Movie Night in Meridian. CableOne Movie Night in Meridian is coming into its ninth season this year and it's been -- become one of those events that, you know, it's every Friday in the summertime. People have kind of gotten used to it. It's become a family favorite and we are very -- very happy that it's been that. So, Movie Night costs the city approximately 17,000 dollars to put on. About 80 percent of that is covered through sponsorships from local businesses. The other 20 percent we are able to raise with concessions revenue. Obviously, sponsorships is the -- is the ticket. We need sponsorships to be able to put on this event and so that's why we are here tonight to -- to recognize those sponsors and the first one has to be CableOne. They are the ones that are on the -- that are on the title of the program. They have been with us since day one in our ninth season. So, CableOne, I just wanted to put them, you know, at the front, just because you don't see a contract with them every single year, because we are in the middle of a five year contract with them. We are in our fourth year of our contract and I just want to make sure that Council knows that that contract is alive and well, that we are very much beneficial -- you know, mutually beneficial partners with CableOne. They did purchase our movie screen that we use for Movie Night and, then, our partnership conditions every single year. They produce our welcoming videos and they also have a representative there that works with all of our sponsors, so that every single -- every single week I'm able to have a DVD with our welcoming video and all of the sponsor commercials that are, you know, there for that week and so it's a hugely beneficial service or program and after this contract is up at the end of 2016 I can tell you right now we will be, you know, pursuing another five year contract with CableOne if it's amenable to them and I hope that it is. We were supposed to have -- we were going to have a representative from CableOne here tonight and we may and if you will bear with me for a moment, with the fantastic audience that we have tonight I was really not able to connect with her and so if you don't mind -- Cheryl, were you able to make it? Thank you so much for coming, Cheryl, I appreciate it. So, Cheryl is the general manager for western Idaho and eastern Oregon. Typically we work with CableOne representatives out of Arizona to put together the contract. Cheryl -- I have not had a chance to meet Cheryl before. We work on a fairly limited basis with representatives here in the Treasure Valley, except for with CableOne advertising, who we work with very closely every year. So, very happy that Cheryl was able to make it tonight. So, in addition to Cable One, Rocky Mountain Audio Visual has been our audio visual sponsor for -- the sixth season is coming up. They have provided all of our AV services for Movie Night at a discounted rate and so we are very happy to have them on board again this year. St. Alphonsus Meridian Health Plaza is one of our presenting sponsors and this is going to be their fourth season as a presenting sponsor, seventh season total as a sponsor. They were a single night sponsor before that. And so very excited to have St. Alphonsus Meridian Health Plaza back as a sponsor again. They have, obviously, been -- been here one of the longest supporting businesses. And, then, our other presenting sponsor this year is Connections Credit Meridian City Council April 7, 2015 Page 12 of 76 Union. This is their first year as a sponsor of Movie Night. They have recently began to be very, very involved in the events that we have done here in Meridian, because they are in the middle of construction for -- on a new Meridian Branch at Ten Mile and Pine and so they were at the -- they were at the Trunker Treat in the fall. They were also one of the big sponsors of our Christmas parade this year and so we are very happy to -- to have Connections Credit Union on board this year and we have worked very well with them over the past year or so. And, then, we have a whole bunch of single night sponsors and, you know, we have been very lucky to have a lot of single night sponsors who have been supportive of this program year after year. I will try to go through them -- you know, Mayor's Youth Advisory -- Mayor's Anti-Drug Coalition has been the longest supporter. This is going to be their sixth season as a sponsor of Movie Night. Meridian Firefighters Association has also been a big supporter. This is the fifth season. Sierra Trading Post it is going to be their sixth season as well, including two as a presenting sponsor. And, then, we have R.C. Willey is going to be back with their fourth season. Meridian Library District for the third season. Idaho Central Credit Union for their third season. Meridian United Soccer Club for their third season Westside Body Works for their second season. Tucanos, Brazilian Grill for their second season. And Bio Lab Plasma Services for their second season. And, then, Parkview Christian Church, right across the street from Settlers Park, is going to be their first season. So, we are extremely lucky. You can tell by the number of return sponsors that we get for the season, only two, Connections Credit Union and Parkview Christian Church, are first year sponsors and so, you know, it's a testament to how supportive and engaged our business community is in the -- in, you know, city events that we have those businesses coming back year after year. So, we are very lucky in Movie Night. So, with that I will move on. We are also recognizing sponsors from the Meridian Community Block Party. This -- tonight, because we have all of -- all four of our major sponsor contracts on your agenda. I know it's a little bit early. The block party isn't until September 19th, but we are very excited for the move to Kleiner Park this year. This is an event that's been at Settlers Park and has been extremely involved with in the past and, you know, we were at Settlers Park for five years. This is our sixth year of the event and with the move to Kleiner Park there has been a lot of opportunities to grow the event, to bring in some of the new businesses that are coming in over at The Village At Meridian and we have local business that we are working with to put -- to put on a chalk art festival during the event and we are also planning on adding a concert at the end of the event in the band shell now that we have a built-in band shell to use for the event, so we are very excited about that. But our sponsor is still the block party. Idaho Central Credit Union, who is -- as I have already mentioned, has been a big sponsor of Movie Night. They jumped on board as our presenting sponsor and so that was really the first big domino to fall and we are very appreciative to Idaho Central Credit Union to be our presenting sponsor. And, then, we have -- The Village At Meridian has joined on to be the stage sponsor during the block party and, then, the Boise Co-op, kind of a newcomer to town, who is going to be going in right there at the end of the Village At Meridian, they were extremely excited to be what we are calling the Kids Corner, kind of a new thing for the block party this year and not only is Boise Co-op sponsoring the Kids Corner, they have actually offered to run it themselves and to go out and get the face painters and the balloon twisters and -- and all those different things and so they were extremely excited. They have their own initiative that involve -- that involve youth and healthy choices for Meridian City Council April 7, 2015 Page 13 of 76 youth and things like that. So, it really ties into, you know, the Meridian Parks and Recreation and the city's overall, you know, goal. So, we are very excited to have those new sponsors for the block party this year and, then, returning sponsors for the block party, the Meridian United Soccer Club, who also has been involved with -- with Movie Night. This is going to be their third year coming back as the sponsor of our mascot dance off event during the block party, which has been extremely fun and very popular and then -- and, then, Rocky Mountain Roll as been with us for five of six years as a Meridian Community Block Party. They are the ones that provide all the bounce houses and other inflatables and the climbing walls and the mini bikes for the mini bike races and so Rocky Mountain Roll has been an credible partner in the block party as well. So, that's really all that I have to say about those events. You know, I'm just excited that Council was interested in having us come and give those sponsors some public recognition, because they most definitely deserve it and so with that I would stand for some comments from Council about those events and our sponsors. Thank you. De Weerd: Thank you, Colin. I think you picked the right meeting to give exposure to the sponsors; right? Council, any questions? Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: Maybe just a quick comment and it speaks to some what of Mackenzie talked about and that's making community and this is truly a partnership for our community and I think ultimately the vote of confidence in you, Colin, and our Parks Department, what a great job you do in executing these events. They are great for our community to come out and participate. It's a win-win for our sponsors, it's a win for our community and our residents, so great job. Keep up the good work. Moss: Thank you. De Weerd: Thank you. Mr. Bird. Bird: Thank you, Colin, for everything you have done to get the sponsors and thanks for the sponsors and this just proves that Meridian still is a community minded community. De Weerd: Thank you, Mr. Bird. And you know that it's your comments the reason that this is on the agenda. So, we wanted to give recognition to our community partners. Bird: I did call him Colin. De Weerd: I know. Offline I was going to congratulate you for that, too. Any other -- you beat us all to the punch. Any other comments? Mr. Zaremba? Zaremba: Madam Mayor, I would just add my appreciation for Colin's work. He's been the driving force behind many of our events. Getting the Christmas parade going back. Meridian City Council April 7, 2015 Page 14 of 76 Winterland lights parade going and Fourth of July program and several of the other things, whether or not they were his original idea, which they may have been, but even if they were somebody else's idea, he has taken the leadership of making sure they happen, make sure they are successful, making sure that if it's a good thing it happens again the next year and I really appreciate the leadership that you have taken, so -- Moss: Thank you. De Weerd: Well -- and to CableOne, we do appreciate your partnership. Colin had this great idea first in Idaho to really bring the Family Movie Night to our city park and it has been wildly popular, in some cases too popular with teens that are not there to watch a movie. I know. Dark park and, you know, that's kind of -- but the challenges to a successful event is -- doesn't even hold a mirror to the -- the community building that you have done and I cannot believe it's been nine years. Moss: Well, thank you. And if I may just build on your comments just a bit. With -- you know, with the challenges we have had in Movie Night, as you know this year we did expand our security efforts for the event. We are bringing in a third party security company, which is greatly increasing the cost for the program and, in turn, we have to raise the prices for all of our sponsorship opportunities and, again, it's just a testament to how committed those businesses are, that we only have two new sponsors this year. Returning sponsors, having paid less the year before, agreed to sign on again having to pay a little bit more just, you know, wanting to be a part of that community event. So, I was -- I was very -- I was a little bit surprised, you know, very humbled by -- by how -- by how interested those businesses were in coming back and continuing their support. So, we are very -- we are very lucky to live in the community that we do. De Weerd: Any further comments? Rountree: Thanks, Colin. De Weerd: Thank you. Moss: Thank you. De Weerd: I think all of you are doing the right tonight with this applause. I think it's great that you recognize the efforts of our -- our employees and what they do to make a difference. Thank you. Item 9: Action Items A. Public Hearing: Proposed Summer 2015 Fee Schedule of the Meridian Parks and Recreation Department Meridian City Council April 7, 2015 Page 15 of 76 De Weerd: Item 9-A is a public hearing under Action Items and so who is doing this? There you go. Jake, welcome. I saw Colin walk out and it was like, okay, I'm not sure who is up. Garro: Thank you, Madam Mayor and Members of City Council. Well, it is -- surely excited to be here. This is my first City Council meeting in the City of Meridian. I was just hired in February. Moved over from Nampa. So, it's great to be here. Exciting times in the Parks and Recreation Department. We are currently working on our Summer Activity Guide, which will be scheduled to be released April 17th with our summer classes beginning -- registration for our summer classes beginning April 20th, that Monday. Then our summer classes, which will kick off May 5th. Some of the summer classes I'm excited about. Our Mer-Ida-Moo summer day camp will begin June 8th. Our Let's Play Sports camp will begin June 15th and, then, our Outdoor Adventure camp will kickoff June 22nd and some of the new classes that are coming on board this summer are Learn To Love Lacrosse. Lacrosse is something that's huge in our community and we found a gentleman of the Idaho Indoor Soccer Center that has numerous years of coaching Lacrosse, so we are going to offer a Learn To Love Lacrosse for children ages three through ten. And another exciting trip that I'm really excited about -- one of my goals was to come over here and increase the number of activities that we offer to our senior citizens in our community and May 8th I will be taking a -- a trip down to Shoshone Falls to look at the -- to look at the water falling over the falls. That's something I'm -- I'm excited about doing and just working -- working at increasing the number of activities that we have for that demographic in our community. And with that being said, I am seeking approval of these new fees and if there are any questions I would gladly take those at this time. De Weerd: Thank you, Jake. And Jake also works with our Mayor's Youth Advisory Council on the teen activities efforts. Any questions for Jake? Okay. Thank you, Jake. Garro: All right. Thank you. B. Resolution No. 15-1062: A Resolution Adopting the Summer 2015 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date De Weerd: Okay. Council, Item No. 9-B is Resolution 15-1062. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 15-1062, resolution adopting the summer 2015 fee schedule for the Meridian Parks and Recreation Department. Cavener: Second. Meridian City Council April 7, 2015 Page 16 of 76 De Weerd: I have a motion and a second -- and would ask is there anyone who would like to make comment on these park fees? Oh, so you weren't all here for that. Gosh. I was misled. Okay. I have a motion and a second to approve the fees for our next season of classes. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. C. Public Hearing: RZ 15-001 Paramount Southeast Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Rezone of 5.05 Acres of Land from the C-G Zoning District and 3.37 Acres of Land from the R-40 to the C-G Zoning District D. Public Hearing: PP 15-002 Paramount Southeast Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Preliminary Plat Approval Consisting of One (1) Building Lot in the R-40 Zoning District; Twenty-Two (22) Building Lots in the C-G Zoning District and Five (5) Common / Other Lots on 36.04 Acres of Land E. Public Hearing: CUP 15-002 Paramount Southeast Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Conditional Use Permit for a Multi-Family Development Consisting of 280 Dwelling Units in an R-40 Zoning District De Weerd: Okay. Council, Item 9-C, D and -- are public hearings on RZ 15-001 and PP 15-002. I will open these public hearings -- oh, as well as 9-E on CUP 15-002 -- with staff comment. Thank you. Watters: Thank you, Madam Mayor, Members of the Council. The first application before you tonight is a request for a rezone, preliminary plat, and conditional use permit. This site consists of 46 acres of land. It's currently zoned R-40 and C-G. It's located at the northwest corner of North Meridian and West McMillan Roads. This property was annexed into the city in 2003 and was included in the preliminary plat and planned development for Paramount Subdivision. The conceptual development plan approved with the planned development included multi-family and commercial uses on this site. A detailed conditional use permit was required prior to any development on the multi-family portion of the site and that is what is before you tonight. The Comprehensive Plan future land map designation for this property is high density residential and commercial. The Meridian City Council April 7, 2015 Page 17 of 76 rezone request consists of 5.05 acres of land from the C-G to the R-40 district and 3.37 acres of land from the R-40 to the C-G district, increasing the overall R-40 area by 1.68 acres. There is a detail on the screen there that shows the proposed rezone areas. The applicant states that the northeast six commercial lots -- these right here -- may develop with multi-family residential uses in the future if market demand is insufficient to consume the available commercial property at the corner. In this case a new conditional use permit would be required for a multi-family residential development on that potion of the site. Staff is not recommending a new development agreement or amendment to the existing development agreement with the rezone as the proposed development is consistent with the previously approved concept plan. The preliminary plat consists of 28 building lots -- excuse me -- a total 28 lots consisting of one building lot and five common lots in the R-40 district and 22 building lots in the C-G district on 36.04 acres of land. All of the lots comply with the dimensional standards of the applicable zone. Landscaped street buffers are required along all collector and arterial streets and along local streets within the C-G district. Four public street access are proposed for this development, two via McMillan, as you see here where my pointer is, and two via North Meridian Road. Both arterial streets. Additionally, two driveway accesses are proposed, one here and one here. One via McMillan between Meridian and Motion Picture Drive, and one via Meridian Road between Studio Drive and West McMillan Road. These driveways are restricted to right-in, right- out. Because the UDC limits access points to arterial streets in an effort to improve safety, staff recommends access to the site is limited to the public street accesses and the driveway accesses are removed. Approval of the accesses as proposed requires City Council approval of the waiver to UDC 11-3A-3. ACHD did deem the proposed layout will provide a good split of vehicular traffic in all directions within this development and approved the access point as proposed by the applicant. ACHD did not require a traffic impact study for this development, as they reviewed and approved this site in 2003 as part of the original Paramount preliminary plat and planned development and the proposed density is substantially the same. There are three existing stub streets from Cedar Creek and Paramount Subdivisions to this site that will be extended and connect to Studio Drive. A detached sidewalk exists along the entire frontage of North Meridian Road and along a portion of the West McMillan Road frontage. The remainder of the sidewalk along McMillan is required to be constructed with the first phase of development. Detached sidewalks are also proposed along the public streets within the development. A conditional use permit is requested for a multi-family development in an R-15 -- excuse me -- R-40 zoning district as required by the UDC and the previously approved planned development. The development is proposed to consist of a total of 280 dwelling units within four two story, 16-plex structures fronting on a pedestrian corridor at the center of the project and nine three story 24-plex structures containing a mix of one, two, and three bedroom units. The previously approved planned development for Paramount anticipated a total of 270 apartment units at a density of 18 units per acre. The reconfigured R-40 area with 280 units results in a comparable density of 17.9 units per acre. The applicant is required to comply with the specific use standards for multi-family developments listed in the UDC, which include requirements for private usable open space, common open space, and site amenities. And this is a copy of the original conceptual development plan that was approved with the planned development for Paramount. It depicted multi-family residential here and, then, commercial right on the corner. Building elevations were Meridian City Council April 7, 2015 Page 18 of 76 submitted for the two and three story multi-family structures and the garages as shown. The garages are these units right here. Building materials are proposed to consist of a mix of horizontal and vertical siding with stone accents. Final approval will take place with certificate of zoning compliance and design review application. Staff finds the proposed development is consistent with the planned development previously approved for this site, the zoning, and the Comprehensive Plan. The Commission recommended approval of the subject application. Mike Wardle testified in favor. Jenny Wethers and Brian Hessley testified in opposition and written testimony was received from Mike Wardle, Dr. Linda Clark, Brenda Duggan, Ken Swanson and Wendy Ann Trent. Key issues of discussion by the Commission. There was a general consensus that the applicant has been responsive to neighborhood concerns and made changes to the plans accordingly that have enhanced the project. They were in support of the applicant's for a waiver to UDC 11-3A- 3 for access to allow all of the driveways as shown on the site plan. The Commission did not make any changes to the staff recommendation. The only outstanding issue for City Council is applicant requests a waiver to UDC 11-3A-3 as previously mentioned for access to allow all of the driveways shown on the site plan. Written testimony since the Commission hearing has been received from the following: Please excuse me if I mispronounce your name. Carry Karmashu or something like that. Bob Cooper. Brian Hessley. Frank Brannon. Michael Arnold. Crystal Peters. Greg Reynolds. Aaron Ebright. Sally Reynolds. Allen Rittle. Terry Patten Jenkins. Cheryl Tenbrink. Becky and Eric Phillips. Carol and Joe Davis. Lisa Wood. W endy McKinney. All of which are concerned with traffic and they request a new traffic impact study to replace the one done in 2003 with the original Paramount development. A letter has been received from ACHD in response to the request for a new traffic impact study. In short, ACHD did require a new study, as the proposed development substantially complies with the concept plan and density approved for this site in 2003. The city also received another note from Dr. Linda Clark with the West Ada School District, stating that the West Ada School District rezone Paramount Elementary to accommodate the growth from the proposed subdivision. Middle and high school growth will be accommodated by the boundary changes for the new middle school and expansion of Meridian School. Staff will stand for any questions Council may have. De Weerd: Thank you. Council, any questions for staff at this time? Bird: Not at this time. Rountree: None right now. De Weerd: Okay. Would the applicant like to make comment? And just because we have probably some new people here, we have the applicant give comments for 15 minutes, then, we will accept testimony at three minutes each and they will have concluding remarks up to ten minutes. Rountree: The applicant. Meridian City Council April 7, 2015 Page 19 of 76 De Weerd: The applicant. Yes. If you will, please, state your name and address for the record. Wardle: Madam Mayor, Council Members, Mike Wardle, Brighton Corporation, 12601 West Explorer Drive in Boise. Sonya made it quite easy and I'm not going to take 15 minutes, because she has covered the basis of very, very well. I just wonder if there is any enthusiasm still bottled up from your Youth Advisory Committee that might be available for some of the rest of us that have moved a little bit further down the path. I would just note that this item was in front the Council, as noted by Sonya's presentation, 12 years ago and I did present to the Planning Commission and I would give you additional copies if you wanted, but this should be in your record. This is -- these are excerpts -- an eight page excerpt from the original hearing record application and the hearing records before Planning and Zoning and the City Council. If you desire additional copies of these in front of you I would be happy to provide them. But this simply shows that 12 years ago all of the issues that are in front of you this evening relative to apartments on that specific site and the commercial uses were considered and approved and in all cases they were clearly called out as apartments. At that point it was estimated to be a 270 unit project. It is 280, but it's still within and slightly below the densities approved in 2003. Sonya, how do I -- okay. Sonya showed the existing zoning. The next slide, then, shows the -- the changes that were made through this applicant where a few of the acres -- 3.37 specifically from the C-G -- excuse me -- the R-40 zone will be rezoned to commercial and 5.05 acres of the commercial ground will be rezoned to R-40, even with that additional five acres of ground we are still talking about ten unit increase in the density. The other application as noted -- and Sonya did make the comment in our narrative submitted with the application we identified the future commercial to apartment option and this actually came about as a result of extensive discussions with the neighborhood. We had our first neighborhood meetings in April of last year and it was pretty obvious that there were a lot of concerns. So, we took six months to work with a neighborhood committee to identify ways that we could moderate the impacts and the concerns and noted them in the final discussion with that committee. In fact, the committee itself put out an e-mail to the neighborhood and this is also of record with the Planning and Zoning Commission that should also be in your Council packet. They specifically noted that Brighton converted a portion of the land for the apartment to commercial or high density. This is now planned for professional office spaces and will be marketed as such. However, if it doesn't lease, Brighton will need to rethink that land, reserving the right to develop as they choose, including potentially more apartments and Sonya noted that process, of course, would require additional applications and consideration by the Council and Planning and Zoning Commission in the future. Next slide -- in fact, the next two slides are simply kind of a history. We have had kind of a crayon version in 2003 of a master plan, but this is the first professionally prepared plan from 2006. We clearly identified the multi-family and commercial uses and the current -- the next slide shows the current version that's on the Brighton website today, which still carries that multi-family residential and commercial designation. During the discussion at the Planning and Zoning Commission there was a lot of concern about impact on schools and we appreciate Dr. Clark's restatement of the fact that those issues were addressed at the original point of approval. Brighton's initiatives over the course of this 12 year period Meridian City Council April 7, 2015 Page 20 of 76 include helping the school district acquire the high school site at a discount. The elementary school site was donated to the district. And there are some yellow and red designations that show intersection and sidewalk improvements that were done because in 2007 Brighton initiated joint development agreements with the Ada County Highway District to improve both the Linder-McMillan and Meridian-McMillan intersections to their full eventual capacity and, then, there was -- we also constructed a sidewalk along Meridian Road from the Producer Drive to the north down to the intersection, so that the students going to the muddle school would be able to traverse that area safely and, of course, the highway district did put in a crosswalk signal that also activates in that vicinity. I noted the extensive neighborhood process that we went through for a six month period last year that led to this refined project. I would also note that the amenities being provided in this project really addressed a lot of the concerns. There were issues about would the people in this facility be utilizing facilities in the single family community at Paramount. There are actually two playground areas. There will a clubhouse. A pool. There is, in fact, a pedestrian corridor that will connect the existing single family community through the apartment site between two story 16 unit buildings to the commercial area that would enable at least pedestrian access if people choose to do that. So, the two arrows referenced and those that you will see on the next slide, refers to the pedestrian boulevard as it's identified in some of our submittals that show how people will be able to go through that area. There would be only one drive aisle that will be right at the front of that slide that people will have to cross in order to reach to back of that project at a public street. The second view down below -- excuse me. Back one, Sonya. Shows the setback buffer evidence of the three story units behind the garage structures and I would note that the landscape plans and the details that we were provided to that are in the record indicate a significantly greater buffer and landscaping than depicted in this particular rendering, but it shows how visually buffered those taller structures are. Those three story structures specifically. The next slide is -- references the only item that to the Council and that would be the driveway access waiver that we have requested, that ACHD has approved and that was recommended by the Planning and Zoning Commission. You will see that in the improvements that we did in 2007 with the highway district, there are two access points created on Meridian Road and on McMillan. Both of those -- well, the one on McMillan will have to shift just slightly in order to meet the dimensional separation that ACHD would like to include now, but, essentially, those were accommodated in the original improvements of that intersection. So, we would, again, request the Council's approval of that waiver. And, finally, in summary, we just note that from the very beginning of this project the apartments have been a significant component, as has the commercial. All of our public documents and marketing renderings have clearly identified those uses. The traffic study that was submitted in 2003 and approved by the highway district accounted for those densities and uses. Brighton's initiatives have provided for schools, enhanced pedestrian safety and transportation system improvements, and I think most important is the fact that Brighton did respond to neighborhood concerns and in those in -- in the changed plan that was formally presented for hearing the density was reduced significantly. The elevations and scale of the buildings was softened and moderated and so, Madam Mayor, Council Members, because the proposal is consistent with the plan from day one and because the traffic issue is addressed, and as identified and considered by the highway district from day one Meridian City Council April 7, 2015 Page 21 of 76 and that Brighton has, in fact, accelerated some of the long-term solutions by the improvements that have been made to the intersections and because the project is in full compliance with the Paramount plan and agency requirements, we respectfully request that the Council approve the proposed zoning modifications, the preliminary plat, and the conditional use permit for the apartment building, along with the access waiver. And if there are -- I would be happy to answer questions. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. Rountree: I have none. Thank you. De Weerd: Okay. Thank you, Mike. Wardle: Thank you very much. De Weerd: Okay. I do have a few people that have signed up. When I read your name and what you checked on the sheet, if you would like to provide testimony at that time I will invite you to come forward. David McKinney signed up against. Okay. Good evening. McKinney: Thank you. My name is David McKinney. I live at 1225 West Bacall Street in the Paramount Subdivision. De Weerd: Thank you. McKinney: Many of the concerns that the residents of the subdivision have relate to traffic issues and in particular, you know, the impact of this development on the surrounding traffic. I'd like to refer to the ACHD traffic report that was provided with this particular item. I presume the Council has a copy of this report. It's dated February 12th, 2015. The -- if we look at the -- oh, I guess page 14 of the report it just sets forth the basic -- in their conclusions of law restates the criteria that are used for analyzing this kind of a development. Conclusions of Law Item F-2: ACHD requirements are intended to assure that the proposed use or development will not place an undue burden on the existing vehicular transportation system within the vicinity impacted by the proposed development. The concerns that -- that I have and that other residents have relate to that issue and so I would like to look at some of the aspects of this report that raises some concerns that suggest that perhaps some additional information is needed. If we look at page two of this report, Item B, it gives the traffic findings for consideration in this case. Particularly there is a table that gives traffic counts on Meridian Road and McMillan Road and if you notice at the far right, the projection of traffic of the level of service of the streets, including this project, is level of service E on McMillan Road, but if you look in the footnotes, ACHD indicates that a level of service D is considered acceptable. That suggests that their own report gives facts that suggest that the project gives traffic volumes that are not actually acceptable under ACHD standards. Now, another concern here -- if we look below that to Meridian City Council April 7, 2015 Page 22 of 76 Item B-3, it indicates that the traffic counts that were used in making this analysis were taken on Meridian Road south of McMillan Road and on McMillan Road east of Meridian Road. The trouble is this project is on Meridian Road -- most of McMillan Road and on McMillan Road west of Meridian Road. So, we have traffic volumes that are being used for this particular analysis that don't reflect the actual traffic at the location of the project and that raises a little bit of a concern. Additionally, the -- if we look at page five of this same report, under Item 4-C, it indicates that the applicant is proposing to construct detached sidewalk on McMillan Road and is proposing to widen the pavement and construct vertical curb and gutter. Then below in Item D it indicates the applicant should widen the pavement to a minimum of 17 feet from center line, plus a three foot wide gravel shoulder. This item simply is one thing that's unclear whether that is exactly what is happening or not and I would request some clarification from the applicant on that matter. De Weerd; Mr. McKinney, I'm sorry, I will have to ask you to summarize your testimony. McKinney: Okay. Thank you. Basically the inconsistency in ACHD's own report suggests that additional information is needed on the traffic issue. In fact, the traffic impact study that was done in 2003, one lingering question was simply have all the assumptions that were the basis for that report been actually considered to see whether reality today is consistent with those assumptions and, if not, that would suggest that a new traffic impact study is needed. Thank you very much. De Weerd: Thank you. Council, any questions for Mr. McKinney? Rountree: I have none. Bird: I have none. De Weerd: Okay. Thank you. I have Barbara -- okay. That's understandable. Okay. Thank you. Becky Barnes signed up against. Good evening, Becky. If you will, please, state your name and address for the record. Barnes: My name is Becky Barnes and I live at 4431 North Kylie in the Cobblefield Crossing Subdivision. De Weerd: Thank you. Barnes: First of all, I want to thank you and I honor you for your service. I come to you tonight not really prepared, but I do want to speak from my heart. I have had contact with Mr. Wardle. I have worked with him on trying to get sidewalks on McMillan. I am very concerned about the traffic on McMillan. I have testified before the transportation commission. My main concern is -- along with the traffic is the safety of our children. But for this reason I come with the safety of our children, but not only that, the building of all these apartments, we will have additional enrollment in our schools. I have used this chart before. We have enrollment -- I have the enrollment in the big numbers last year. We have increased the enrollment at these schools -- the schools right here within a one Meridian City Council April 7, 2015 Page 23 of 76 mile area of Linder and McMillan. Schools in Meridian are already overcrowded. If you add 280 additional units and they have already been said that they are going to be one, two and three bedroom, that tells me that there is going to be additional children. Just guessing, but I think there is going to be kids in those three bedroom apartments. Paramount is going to be building another section directly across from Cobblefield Crossing. It's 60 acres. Now, logic tells me that those 60 acres are going to have houses in them and in those houses there are going to be two, three, four, maybe five bedrooms and there is going to be kids in those. Now, with that, guess what, those schools in that area are going to grow and grow and grow. What are we going to do about it? It just seems logical to me that we really can't afford to build something this -- on this scale. This was approved in 2003. Great. But in the meantime we have had apartments built right by Rocky Mountain now. Right next to us west of Cobblefield Crossing Subdivision there was 20 -- there is 28 four- plexes being built. They are almost ready for occupancy. And down at Linder and Ten Mile there is a whole bunch of apartment buildings almost across from Hunter Elementary. Now, those have all been built since 2003. I just ask you to take a look at what's been happening. The growth of Meridian is exponential. Meridian is a beautiful city, a beautiful place to live, so I just ask you to revisit, look at the impact, schools, police fire, safety, and most of all look at it for our kids. Look at it for the schools. De Weerd: Thank you, Becky. Council, any questions for Becky? Rountree: I have none. De Weerd: Becky, we will need your poster, because it is now part of public testimony. Holman: Madam Mayor? De Weerd: Can we take a picture of it? Holman: Yes. That's what I was thinking. De Weerd: The look on your face I hate to take that from you, but we do need a picture of it. Barnes: You have seen it before; right? De Weerd: I have seen that somewhere before. Next Donn Doss signed up against. Good evening, Donn. If you will, please, state your name and address for the record. Doss: Donn Doss at 381 West Dreyfuss, Meridian. Mayor Tammy, City Council, I wasn't prepared to speak this evening, but I am a property owner within the Paramount Subdivision and I have attended several meetings in which Brighton outlined their proposal on the original 280 apartments and I have been in contact with several other concerned property owners concerning the rezoning that is before the City Council this evening. I'm going to make this as brief as possible. I don't pretend to hold any -- any weight within the community in which I live, I am speaking as an individual, and it was Meridian City Council April 7, 2015 Page 24 of 76 brought to my attention after the fact that Brighton used an e-mail that I had sent to David Turnbull as a recommendation for the original 280 units and I -- in that e-mail it was certainly not any formal recommendation, I was speaking for myself and it was a way that -- e-mail was strictly as a -- a thank you, David, for allowing our concerns to be heard and they were addressed subsequently and this evening I would appreciate the Council taking into consideration everything that has come before the board in relationship to the request for this zoning from commercial to the R-40. We do have major concerns with the -- the density that is currently planned for future developments within Paramount, as well as the traffic study, which is under consideration now and when I say under consideration now by virtue of having it proposed this evening and without further adieu I would really appreciate some further consideration in this regard, because this proposed additional rezoning and -- this is only the start of what is going to happen in that particular subdivision, as there are other major parcels concerned that are going to be proposed in front of the board at some future date and without some consideration as to the density that we are faced with, the width of that street between the Paramount Subdivision and McMillan and Meridian Road, that our children are going to be in danger of just walking down that street to get to the school and we would really like some relief and really some discretion amongst you all. Thank you. De Weerd: Thank you. Elaina -- and I don't know the last name, but -- signed up against. It begins with an H, I believe. Okay. If -- so, at the end of this, if I didn't call your name and you might be on here, I will still invite you up. Amy McPhearson. Thank you. Amy, thank you for joining us. If you will, please, state your name and address for the record. McPhearson: Yes. Thank you, Madam Mayor and Council Members. My name is Amy McPhearson. I live at 530 West Dreyfuss Lane in Meridian and that's in the Paramount Subdivision. De Weerd: Thank you. McPhearson: I just want you all to think about proposals -- where were you told your investments would be 12 years ago versus where they are now? Where have they forecasted that the housing market would be today with prices and what's happened in the interim. They didn't forecast that we would have that great drop. So, I am very grateful that Paramount and Brighton has heard our concerns about the elevations and some of the others and that they have added the sidewalk. I appreciate that, as I have two sons that get themselves to and from the middle school on Meridian Road. But, yes, they may have fulfilled the legal requirements of this study 12 years ago, but that was based on what they thought might happen and there are so many housing developments that have come up beyond that. It was farmland 12 years ago. And so I would really like them to be asked to -- to do that again, because we all know that things change over time and we can't accurately predict and that is a significant time period in the development of the City of Meridian if you look at what your population was 12 years ago versus what it is now. I also have some concerns about adding two more roads onto both Meridian and McMillan -- or access roads with the safety of our children, but I haven't researched that enough to Meridian City Council April 7, 2015 Page 25 of 76 know if that's a valid concern or not. But I would like you to -- before you approve any of these changes to ask of them to do another road study to check the schools. The superintendent has given her approval for these and says that the issues will be dealt with of the overcrowding, but that would be four or five years down the line and that's only a middle school and a high school. That doesn't address the issues of Paramount Elementary, which is already overcrowded and so to keep Meridian an appealing place for people to want to move into, I think -- even if school districts and schools aren't your thing, but I do see a conflict of interest of the superintendent who has received land free and land at a discounted rate that she has said she's okay with this and with what it will do to the schools. Thank you. De Weerd: Thank you. Any questions from Council? Cavener: Madam Mayor? De Weerd: Yes, Mr. Cavener. Cavener: Brief question. Thanks for your testimony. Did you participate in the neighborhood committee that Brighton had formed? McPhearson: I was not on the committee. Cavener: Okay. McPhearson: I received some of the e-mails and things, but I was not on the committee. Cavener: Okay. Thank you. McPhearson: Uh-huh. De Weerd: Is there anyone else who would like to provide testimony on this application? Yes. Good evening. If you will, please, state your name and address for the record. Reynolds: Sally Reynolds and I live at 1166 West Bacall Street in Paramount. I actually previously just lived at 472 Dreyfuss in Paramount, so I have owned two homes in Paramount and it's been a wonderful place to live. We have enjoyed it. We have enjoyed the neighborhood and the surrounding areas and my children have enjoyed also attending the schools, so -- we have lived in Meridian for eight years previous and we just came back, because we loved it so much. So, it's been a wonderful city to live in and I thank you all for your service. I'd just like to echo the concerns with Mr. McKinney with the traffic findings. I did also send an e-mail to ACHD asking them to please do another traffic impact study and the e-mail that they sent back I even replied to that, because I said, well, then, just some clarification. So, from 2003 your statement is still valid now. I haven't received clarification from them on that yet, but as Mrs. McPhearson said, I just find it hard to believe that something 12 years ago when things have changed so much and Meridian as they are a growing community, could be valid as of today. Also it concerns me that Meridian City Council April 7, 2015 Page 26 of 76 those traffic findings were not in the correct location. I do have a middle schooler that I drive every morning and, you know, middle schools, I mean they are wonderful, but that bus service that goes works from Heritage into Paramount has now stopped and during the winter months many parents have chosen to drive their children. Now that I'm on I am 1.3 miles away from Heritage and my son has to get to Heritage and he carries a saxophone in a large backpack, I have decided to drive him during the winter months and I can tell you that that traffic is insane. There is no other word for it right now and, you know, people are crazy trying to get to work and trying to get their kids here and there and I am worried about the extra two access points and they create a congestion that's going to be especially as cars already line up all the way through that light. So, the traffic is a concern. Also the enrollment issue, I also echo the concerns about our superintendent where she has expressed that this will not create a lot of overcrowding in our school, but, I'm sorry, I don't remember her name, that showed up with the chart that shows that the numbers show otherwise. So, I just would urge the Council if they would, look at those numbers, look at those findings, I think that there is a great value and analysis and that these numbers do bear out the residents' concerns and I thank you for your time. De Weerd: Thank you. Is there any further testimony? Yes, ma'am. W.McKinney: My name is Wendy McKinney and I also live at 1225 West Bacall in Paramount. De Weerd: Thank you. W.McKinney: I really appreciate all that Brighton has done. When my husband and I looked to move to Meridian back in 2010 we specifically found Paramount Subdivision, because it was a planned unit development and they had mixed use. That was one of the draws that we had to Paramount and two years later when we actually moved there we chose Paramount again because of those things. We knew from the start that we were looking at Paramount, that those things were in the master plan and we saw them clearly and we have no qualms with people in apartments living there. In fact, all of us have been in apartments and a lot of those people will probably be building single unit homes within our subdivision and will be our neighbors in different spots within Paramount. So, that's fabulous, we welcome that. I am also grateful for the sidewalk, but because it is so crazy -- my daughter bikes to a close location and, then, walks. She can't even get there safety by bike. I would encourage you to go to this corner and sit there on a school morning anytime between 7:30 and 8:30. Just sit there for an hour and you will see what we are talking about. I'm also concerned that with Brighton spending six months talking to us about improvements and all of the things that they are working with us as a subdivision, what other areas were developed on those other two corners that did not take the time and we were not asked for improvements and slid under the radar and got their places approved quicker and faster, I don't think you should be asking Brighton to do all these improvements and by doing a traffic study and by asking ACHD to do their part, they should be asking all of the builders in this area that has all of this growth to contribute to the proper roadways for our citizens. Meridian City Council April 7, 2015 Page 27 of 76 De Weerd: Thank you. Council, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Another question. It sounds like you were very active in the process. Is it fair to assume that you were a part of this neighbor group that worked with Brighton? W.McKinney: I spoke with one of the leaders the day after the first meeting a year ago May -- or almost a year ago and offered my services to help them, but they were very on top of things and met without needing me, but when my husband and I went to the Planning and Zoning Commission meeting a month ago we were alarmed that some of the rezoning that took place there would give them the possibility of doing many more apartments at a higher density than the R-18 all the way to the corner and that's an open issue and we will have another meeting to discuss that. But that's when my husband and I jumped in and started participating a little more fully. Cavener: Follow up? De Weerd: Uh-huh. Cavener: You made a comment that intrigued me and that's that your daughter doesn't feel safe to bike all the way to school. Would you mind elaborating what you mean by that? W.McKinney: There is too many bikes. She would get knocked down trying to bike to school by other bikes. Cavener: Thank you. I appreciate that. De Weerd: Now, I don't think I have ever heard someone say there are too many bikes in Meridian. Actually, I think that's awesome. My daughter went to Heritage Middle School, so I certainly have driven those roads. Any further testimony? Okay. Mr. Wardle, would you like to come back and have your concluding remarks and address some of what we have heard. Council, before I ask Mr. Wardle to do that, do we want -- Justin, are you here tonight? ACHD's representative. I hate to put you on the spot, but would you like to also make comment? There has been a couple of concerns related to the 2003 study and some of the responses from ACHD on this application. If you can make comment. Lucas: Madam Mayor, Members of the Council, Justin Lucas. I represent the Ada County Highway District. Business address is 3775 Adams Street, Garden City, Idaho. I don't have too much to add than what was in writing from the highway district. Just speaking to the requirement of what was required in 2003 and what's required today, it is not uncommon that ACHD requires a traffic study and that the development lags behind that, especially a development the size of Paramount. So, we do our best to look at it Meridian City Council April 7, 2015 Page 28 of 76 holistically and not piece by piece and so a few comments on that. The level of service comment related to McMillan Road -- so, that's an existing level of service and it does show a little bit higher than what we would normally accept, but as you are all aware, Chinden Boulevard is not fully improved and so we anticipate over time the level of service on McMillan to fluctuate depending on what happens with Chinden. So, as Chinden is fully improved, would anticipate that the McMillan Road will actually potentially have a better level of service as those improvements are made along Chinden. Now people are using McMillan, because Chinden, as you know, as a state highway is not a very efficient facility during certain times of the day and McMillan Road is an obvious bypass to that. Now that's not preferential to the highway district and I don't think to the City of Meridian. The state facility should be carrying those regional trips. If we were to widen McMillan Road and accommodate those trips they would certainly come, but I don't think that will be the answer we all want, which is more traffic on McMillan. By keeping it a three lane facility with bike lanes I'm certain in the short term while Chinden -- while we wait for Chinden to be widened, there may be some pressure there, but we anticipate that pressure to be less as Chinden is developed as a state highway, which we would all hope for and expect. So, I just wanted to speak to that one point, which I can hear. Other questions I can certainly respond to. Hopefully I discussed the -- I addressed the issue why no further traffic study was required. The main reason being that the densities and the land uses and the zoning that was anticipated in 2003 has not changed in any significant manner and the traffic counts and all the other things that are happening out there show that what was anticipated is what is happening. The school issue -- now, that one is a very specific issue and ACHD works very closely with the school districts to try and mitigate those issues as best we can. But anytime you have a middle school located basically on the corner of two arterial roadways, you're going to have these kinds of issues and ACHD does not control where the school district locates their schools. We work with them as best we can to mitigate those issues, sidewalks, special lights specifically for the schools, et cetera. But the -- the issue of having a school on the corner, there again, there is going to be traffic issues during the buses and kids and all those things happening that are somewhat outside the control of the highway district. So, I hope that addresses most of the concerns and I can certainly respond to any questions. De Weerd: Council, any questions? Rountree: I have none. De Weerd: Okay. Thank you. Lucas: Thank you. Wardle: Madam Mayor, Council Members, Mike Wardle, 12601 West Explorer Drive. And I just have a couple of very brief responses and, then, Mr. Turnbull will conclude. It's pretty interesting that communities grow and the city has had a Comprehensive Plan for many years of anticipated growth. It has been noted by some of the testimony that the thing that appealed was the fact that Paramount was planned. It had mixed uses and did include the schools and so forth. But I have to assume -- and we can't take the Meridian City Council April 7, 2015 Page 29 of 76 responsibility for other development that occurs within the vicinity, but those also occurred within the context of the city's Comprehensive Plan and planned densities and so ACHD and its -- and COMPASS in their long range planning anticipate those and project the types of facility improvements that are needed. Let me just comment to Mr. Doss that we did not include his comments to note endorsement. We included them to simply show a process of how we took time to work with the neighborhood and how he and others expressed acknowledgement of that effort. One other concern expressed about the time of school drop off. School drop peaks are quite different from commercial peaks. The commercial activity will occur at times of day that are quite different from what the -- the drop-off period would be. And, then, with regard to checking out -- we actually did, as Mrs. McKinney suggested, to go sit on that corner for an hour from 7:30 to 8:30 and we have the results of that if the Council are interested in seeing it, but just to note that we believe that we put a great deal of good faith effort in implementing the plan as presented 12 years ago. I would ask Mr. Turnbull now to conclude. De Weerd: Good evening. If you will, please, state your name and address for the record. Turnbull: Thank you, Madam Mayor, Members of the Council. David Turnbull, 12601 West Explorer Drive in Boise. You know, as I was going through some of the records for tonight's meeting I came upon an article from 2003, the cover of the Business section of the Idaho Statesman and I was going to hold it up for you, but Mayor Tammy would confiscate it for the record and it's the original article and I'm not about to give it up. But they did an article, front page of the Business section, when Paramount was approved and it specifically noted that there would be several mixed use areas, there would be 270 apartments, 73 townhomes, areas of commercial. Exactly what we have always represented. I want to go back a little bit when I believe Councilmember Zaremba was on the Planning and Zoning Commission -- Mayor de Weerd, I think you were on the City Council, along with Council Member at that time Nary and Council Member Bird, when we initiated, in a captive agreement with all of the land owners in Ten Mile square mile area, North Meridian Area Plan and the idea was to bring all the stakeholders together to put together this long-term plan. We involved ITD, ACHD, the school district, utility providers, everybody that's included and the thought was let's get out ahead of this, let's plan this to be a unique area, not just cookie cutter subdivisions, but let's have a mix of uses, a mix of housing types, a mix of services. This was all planned starting in 2001, adopted in 2002, and we had the opportunity in 2000 -- latter part of this. It was kind of a surprise. We owned other property in that area -- the opportunity to purchase what is now known as Paramount came to us and we did that. It was at that time called Celtic Heights and I don't remember if it had an approved preliminary plat or one that had been submitted, but it didn't meet the planning principles that we had just adopted in the North Meridian Area Plan. And so Mike Wardle and I started from scratch. That newspaper article I was going to show you I was 43 years old in the photo. I don't seek publicity, but they insisted on putting a photo in there. I'm now getting senior citizen discounts at certain establishments around this town. So, we were -- we were -- we started from scratch. Took a blank slate slat and everything that we have done since then has been implementing that plan. Some things come first. That's the way it always is. I remember a conversation with this City Meridian City Council April 7, 2015 Page 30 of 76 Council and certain mayors about, you know, we didn't have very many services back in the '90s and I just said be patient, certain things come first. First roof tops, then, services and so this is just a natural progression of the city. I do just want to address a few comments as -- you know, Becky Barnes talked about all of the different developments that are getting approved. Ours has really been the one that's been the most uniquely master planned and implemented over time and so if you're saying that this can't be built -- I thought I had ten minutes. It's already been ten? I mean you're talking moratorium and I don't think that's where this city is going. As Mike said, we didn't reference Mr. -- Mr. Doss actually came up to me after the second neighborhood meeting, shook my hand, told me he appreciated how we have worked with them. Then later sent me an e-mail and we only included that in the record, because there were many others that came to me and thanked me, but that was one where, you know, I had something that I could submit to show our good faith intent in working with this neighborhood. I do think we came up with a much better plan. We are really happy about it. We have significant open space. We have a pool. We have a community center that's probably bigger than this Paramount community center. You know, just one other item. And I guess, you know, I might preference this. We went out there Monday morning from 7:30 to 8:30. If you took ACHD's grid on level of service A through E, that intersection at peak hour a.m. traffic was operating somewhere between level of service B or C and that's the current situation. I will say this: We are in discussion -- we initiated this over a month ago, because this project will potentially generate over two million dollars in impact fees to ACHD. We initiated discussion with ACHD over a month ago to allocate those funds to further improvements of Meridian and possibly McMillan Roads. So, those are discussions that we are having right now and you may see further extensions, curb, gutter, sidewalks, crossings, all of those things. We are cognizant of the fact that the school is there. We have always planned for their safety. You know, I hear this with -- you know, we made available the site for the Rocky Mountain High School. Well, that's a -- that's a tough thing to do, you know. Not everybody wants to have a high school in their neighborhood. But we have a proactive effort -- record of working with the school district to locate their facilities and so we hate to see that effort used as a two edge sword to cut against us. So, with that, you know, as Mike said, the only thing that -- well, let me -- one more thing. The rezone we are asking for, everything we are doing here could be done with the existing zoning. The rezone we are asking for is to accommodate the residents' desire to perhaps add more commercial, less residential. Otherwise, everything we are asking here could be done with the current zoning and the access points as mentioned were -- were built in 2007 and we just appreciate the City Council's recognition of those previously planned and constructed efforts. Thank you. I will stand for questions. De Weerd: Thank you. Council, any questions? Bird: I have none. Turnbull: Thank you. Rountree: Thanks, David. Meridian City Council April 7, 2015 Page 31 of 76 De Weerd: Thank you. Council, do you have any further needs for any of the -- those that testified, the applicant, or staff? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Question for Sonya. Is this conditional use permit required for an R-40? Watters: Excuse me. This was -- excuse me just a second, Councilman Rountree. It was required as a provision of the planned development and I can't remember if it is in the CU or not. Yes, it does require conditional use approval in the R-40 district. Rountree: That's all I needed. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, I just would follow up on a comment that Mr. Turnbull made. I was on the Planning and Zoning Commission at the time that this was first presented and it was a very good example of what was intended by the North Meridian Area Plan and, in fact, the planning and development for the Paramount project worked its way -- worked its way into much of what we did when we created the Unified Development Code. You heard Sonya mention UDC, that's what that means, Unified Development Code. Before that we had a series of ordinances that were not necessarily coordinated with each other and the Unified Development Code is -- is now our ordinance for development, but we depended very heavily on the process of this particular project. At the time when the entire Paramount project was proposed -- sorry, my microphone is not on. De Weerd: Thank you. I thought it was just me. Zaremba: It was the first project of its size and my recollection is that if it wasn't the entire square mile, it was like 90 percent of the entire square mile and the ability to plan a project of that size -- frankly, before the Planning and Zoning Commission made any recommendation to the City Council we beat them up for quite a few of the amenities that -- that were not part of the old ordinances. They have become part of the new UDC. But many of the amenities that the current citizens that live there now enjoy were the result of that planning process at that time and the ability to either act with a development of a process of -- of a project that was that size enabled the balancing of the different uses. Unfortunately, many of our projects are smaller and so we are saying, okay, we are talking about this one little area, but here is how we hope it will fit into the whole area around it. With this project we were able to talk about that whole big area and -- and in balancing the uses and in determining where the different densities would go, where the different types of uses would go and seeing how it has come to fruition over the 12 years since we first started talking about it -- 12 or 13 years -- this is the kind of development that makes Meridian what it is. It's why people want to come here as several people have said and this additional aspect of it was already considered, was already planned, as ACHD has Meridian City Council April 7, 2015 Page 32 of 76 mentioned, in our Comprehensive Plan, and in the North Meridian Area Plan, we knew there would be other developments around it and much of that is taken into account. So, in the minor adjustments that I believe are being asked for tonight, I feel this still meets the intent of the plan that started many years ago and I will have to say I'm in favor of it, because I think it's what was expected and even looked forward to. De Weerd: Thank you, Mr. Zaremba. Any other comments? If not, do I have a motion to close? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we close the public hearings on RZ 15-001, PP 15-002 and CUP 15-002. Cavener: Second. De Weerd: I have a motion and a second to close the public hearings on Items 9-C, D and E. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: A number of issues. Appreciate the issues of concern. You have to keep in mind that we also rely on other agencies and independent groups to provide us information. One specifically in this case is Ada County Highway District. We don't control the roads, they do. We rely on them to be our traffic engineer and our road -- and our highway department. They have corresponded and in their conclusion of law, in their information that they have provided both the applicant and the city, they have stated that the proposed site is approved and follows the site specific standard, conditions of approval are satisfied, which the application has -- has agreed to. Given that it's hard for me to counter for what Ada County Highway District says -- ask them again to do something they have already done and said is sufficient. We have a similar situation with the school district. But the reality is is this particular proposal before you, as Mr. Turnbull just stated, would go forth without any of this public input per se on zoning change, but just how you could go about conditioning the already approved multi-family development in this particular zoning to make it more acceptable, if you will, to the community, which appears to have happened. The idea that you can testify that you don't want it or it needs to be something else, they already have a right now with the zoning that's there to put multi- family dwellings to a density very close to what they are proposing with this new proposal with zoning shifts in commercial zoning to allow for more frontage of commercial endeavors on Meridian Road. So, to me the idea that what's being proposed here this Meridian City Council April 7, 2015 Page 33 of 76 evening is going to be inconsistent with what's already approved and they already have a right to do, really the only way I could say you can't do it is if you don't incorporate measures into your plan that address such things as elevations, design criteria, which they have met. Access and those such things. But they are allowed the density of an R- 40, which they are way under. So, I guess from my perspective I have a hard time either denying or requesting more from them. De Weerd: Thank you. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with what Councilman Zaremba and Rountree has stated and I -- they are -- I don't see any way that we can ask for anymore out of it and if we don't have anymore discussion, I will be glad to make a motion. I move that we approve RZ 15-001 and to include all staff, applicant and public testimony. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-C. And this is about the rezone. Any comments, discussion? Okay. Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Item 9-D. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve PP 15-002 and I think this is where we waiver UD 1 -- Rountree: 1.1.3. Bird: -- 1.1.3D. Is that right? Waiver that and to include all staff, applicant, and public testimony. Rountree: Second. Meridian City Council April 7, 2015 Page 34 of 76 De Weerd: I have a motion and a second under Item 9-D to -- for approval. Any discussion? Council, I believe that one of the comments was regarding the connectivity and the sidewalks and the sidewalks will be done in phase one. So, any comments? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Item 9-E. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve CUP 15-002 and to include all staff, applicant, and public testimony. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-E. Any discussion from Council? Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Thank you for those that came and joined us tonight. Bird: It's nice to see everyone doing -- De Weerd: It is nice to see participation. Oh, thank you for that. F. Public Hearing: RZ 15-003 Jayker Village Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard; West of N. Tree Farm Way and N. Tree Haven Way Request: Rezone 26.09 Acres from the C-N and the R-15 Districts to the R-15 (8.48 Acres) and C-C (17.61 Acres) Zoning Districts Meridian City Council April 7, 2015 Page 35 of 76 G. Public Hearing: PP 15-003 Jayker Village Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard; West of N. Tree Farm Way and N. Tree Haven Way Request: Preliminary Plat Approval Consisting of One (1) Residential Lot, Three (3) Commercial Lots and Three (3) Common Lots on Approximately 23.59 Acres in the Proposed R- 15 and C-C Zoning Districts H. Public Hearing: CUP 15-003 Jayker Village Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard; West of N. Tree Farm Way and N. Tree Haven Way Request: Conditional Use Permit for a Self-Service Storage Facility Consisting of a Care-Taker's / Office Building and Fifteen (15) Storage Buildings on Approximately 11.18 Acres of Land in a Proposed C-C Zoning District I. Public Hearing: MDA 15-001 Jayker Village Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard, West of N. Tree Farm Way and N. Tree Haven Request: Development Agreement Modification to Exclude the Proposed C-C Zoning Boundary from the Existing Development Agreement De Weerd: Item 9-F, G, H and I are public hearings RZ 15-003, PP 15-003, CUP 15-003 and MDA 15-001. I will open all four of these public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Next item on the agenda is the Jaykers Village Development. You can see here on the plan before you that the property is annexed and zoned in the city, currently zoned C-N and R-15. The development is currently -- or the property currently has two existing buildings on the site here located near the southwest corner of the development. They will remain with the development of the property. The applicant is proposing that they remain with the development of the property. You can see a majority of this property is currently vacant and has been that way since approximately 2006 when it annexed into the city. Surrounding this development is primarily single family residential homes, zoned R-8 and R-15. As I mentioned to you, this project was annexed in 2006. The project at that time was known as the Tree Farm. Here is the approved concept plan that was tied to the original annexation and as part of tonight's presentation I have highlighted the area in which we are discussing that was part of -- and approved with that concept plan in 2006. You can see here that a portion of it was approved for a neighborhood -- mixed use neighborhood commercial and, then, also village housing, which is hard to read the legend here, but the village housing component was to contain a mix of townhomes, condominiums, or apartments, and, then, of course, the commercial portion would have a mix of neighborhood from the commercial uses. You can also see on this concept plan that the original concept included the primary access into that development would be from Tree Farm Way or the mid mile access point, which is currently in this location here and it Meridian City Council April 7, 2015 Page 36 of 76 is currently constructed -- and was constructed with the earlier phases of the residential development. The applicant is here tonight to discuss a rezone from the R-15 and the C-N zoning district to the C-C zoning district in the R-15 zoning district. So, here in the highlighted -- the red area here I have highlighted which area is proposed to go -- is proposed to change from C-N to C-C and, then, what is to remain R-15 going forward. The applicant is also proposing to preliminary plat the project, consisting of one 6.41 acre residential lot, which could be further subdivided in the future. No plan for that at this time. Lot 2, Block 1, as I mentioned earlier in my presentation, will contain the two existing structures located here in the southwest corner. Lot 3, again, is another vacant commercial lot that may be developed with three office buildings in the future. And, then, the applicant has also followed up -- or submitted a concurrent application in a DA modification to allow not only the CUP for the proposed service facility, but also tie them to a new concept plan and request a new development agreement for the entire zoning boundary of the proposed C-C zone. And for simplification tonight, instead of attaching the plat, the landscape plan and the concept plan, I'm basically going to focus my presentation on this exhibit, because it really details what the applicant is proposing to do. So, as I mentioned to you, the primary access to this development is from Chinden Boulevard, which is this street here labeled as North Tree Farm Way and, again, that was developed with the residential development. Also with the residential development North Tree Haven Way was also constructed, which is a local street, which provides access to not only the future commercial, but also the proposed storage facility and, then, as part of the preliminary plat requirement, the applicant will be required to extend a portion of the collector road, which, again, is also North Tree Farm Way and this is part of ACHD's master street map and this is a future collector road that will ultimately run through the property to the west as shown on the concept plan and will ultimately tie into Black Cat Road and serve as a backage road to Chinden Boulevard, much -- much as to Brighton testified in the previous application where McMillan is acting as a backage road to Chinden Boulevard until the improvements are done. So, typically these improvements do happen at the time of lot development and now that this plat contains that roadway extension, they will have to extend it with the development of this project. Landscaping for this site will consist of a 35 foot wide landscape buffer along Chinden. Existing landscaping exists on common Lot 1, Block 1, here in the southwest corner and that was installed with the residential portion of the development. The 20 foot wide landscape buffer was installed along the west side of North Tree Farm Way, the collector road, and, then, when commercial development happens on Lot 3, Block 1, there will be a requirement for a ten foot wide landscape buffer and, then, along the proposed collector street the applicant is doing common lots and they will be providing the 20 foot wide landscape buffers and also enhancing -- if you have ever been out there and seen that North Tree Farm Way they have proposed to install center medians to give it a more attractive look and a boulevard look to the development as well. Here is the visual impact from the adjacent roadway. So, the applicant has provided these exhibits for you this evening. Here is the visual view from Chinden Boulevard, which will include the 35 foot landscape buffer, decorative walls and berming and, then, per the specific use standards of the storage facility the applicant will have to provide solid fencing or a block wall along the Chinden Boulevard side, in which they are proposing this evening. This would be the view looking from the north side of the development adjacent from North Tree Haven Way Meridian City Council April 7, 2015 Page 37 of 76 and, then, also the main entrance off of North Tree Haven Way and I will get to that -- back to that. So, basically, here is the Chinden Boulevard view, the main entry from Tree Haven Way, and, then, that other exhibit was for the northern boundary of the development in order to mitigate those concerns from the residences. The applicant, again, did provide a concept plan for Lot 3, Block 1, which is located in this area here. You can see they are proposing a mix of office buildings or uses. This one building rate -- sizes range in between 6,000 square feet and 13,000 square feet. The applicant has tried to have the buildings front towards the street and provide all the parking internal to the development, so it does minimize impact to the adjacent residences. Moving forward the applicant will have to receive certificate of zoning compliance and design review for those office buildings on Lot 3, Block 1. One thing that I did bring to the attention of Council and Planning and Zoning Commission was currently the existing two buildings on lot 2, Block 1, are operating with commercial businesses that have not received city approval. Because the applicant is rezoning the property tonight and has provided proposed DA modification, we have some DA provisions that recommend that he bring that site into compliance within 90 days if you Council desire to approve this application this evening. Here are the proposed elevations for you this evening for the office -- for the concept plan of this office building I just discussed. You can see they include a mix of materials. Staff finds that these are consistent with the design standards in the UDC. Again, any building proposed for that lot will have to come back, get city approval -- or staff level approval and be consistent with these elevations moving forward. The proposed storage facility. This is the office slash caretakers unit. It will have someone that lives on the sight 24/7 for security purposes and maintenance of that facility. Hours of operation for that facility will be restricted between the hours of 6:00 a.m. and 11:00 p.m., due to the fact that it is adjacent to a residential land use slash zoning and elevations this evening are meant to emulate or match the existing elevations constructed within the Spurwing Subdivision as well. The CUP for the storage facility itself will -- there will be 15 buildings on approximately 11 acres of land. The primary building materials for that will be metal. In the staff report staff has recommended additional design criteria to be added to the building and the plans that are presented this evening do -- are consistent with staff's recommendations in the staff report. And these are just -- I don't have color views of those for you, but it's -- as you can see, it's a mix of metal siding and splotched wainscoting along the perimeter. Because that facility will be screened by a majority of a fence and landscaping, really, our focus, as far as, design review process goes will involve the building along the east boundary and the buildings along the north boundary. So, in our staff report we have paid particular attention to those elevations and moving forward they will have to comply with the design standards as well. So, the Planning and Zoning Commission did recommend approval -- or denial at their March 5th hearing. In my hearing outline for you this evening in the interest of time I will spare you the details of all the folks that have testified, but they are -- all of their names are part of the public record. So, 17 residents testified in opposition. There was also a petition with 238 signatures from the residents in the area in opposition of the project. The applicant and his representative did testify in favor of the application and there was one resident that also supported the application moving forward. Key items of discussion by the Commission included the commercial traffic entering the development with that single access point, as I mentioned to you. Hours of operation for the commercial development. Meridian City Council April 7, 2015 Page 38 of 76 And, then, rezoning the property to a more intense commercial zoning, merely to allow the self storage facility to use. That's really where the Commission felt this didn't -- wasn't really compatible with the adjacent subdivision. Again, some of the concerns and some of the issues discussed by the Commission was the entrance of that facility for the storage facility in the relation to the pool complex and you can see this is the primary entrance to that facility and the adjacent subdivision and the pool facility adjacent directly to the north of this here and per the specific use standards the applicant will have to have a secondary access from Chinden Boulevard. So, primary access, again, would be from the local street consistent with the UDC. Secondary access coming from Chinden Boulevard. And outstanding issues for this evening. In looking at the proposed development agreement provisions I did note an error in there. So, one thing that I want to bring to your attention -- because along the west boundary of this site the applicant adjacent to R-15 zoning, the applicant is seeking a Council's -- seeking Council's waiver to reduce the landscape buffer from 25 feet down to 15 feet. Staff is amenable to that, because the property adjacent to that is currently vacant. So, the storage facility will be constructed before the residential comes in and also there is an existing landscaping that the applicant wants to utilize along that boundary. So, as part of the development agreement modification this evening we are recommending these DA provisions moving forward. So, the first one will be consistent with the design standards and the design manual. As I mentioned to you, I errored in one of the DA provisions and we forgot to include Lot 4 as part of the approval with the concept plan, the site plan and the landscape plan that I'm presenting to you this evening. Because of the neighborhood opposition we wanted to insure that there were neighborhood friendly uses on this particular property, so we have prohibited specific uses on this site moving forward to minimize the impact to the adjacent residential development. Again, ordinances, change over time, so we wanted to make sure that there is adequate provisions in place that they comply with the ordinances in effect. Again, because the Commission's concerns with the hours of operation we have limited to those as well -- restricted the site to that. And, then, as I mentioned to you currently the two office buildings in there -- two commercial buildings are operating with illegal uses at this time, so they will need to come back before the city and get approval of those if it is your desire to approve this application tonight and that really references the last four or five DA provisions here. So, in closing -- or I should say after the Planning and Zoning Commission hearing we did receive additional testimony. One from the applicant, but also in looking at the public record I have identified over 308 residents who submitted either written testimony or a petition in opposition of this project and the applicant did submit comments in regards to the Commission's recommendation. In general they are in agreement with the -- the conditions in the staff report. The applicant -- if the Council acts favorably on this application they are asking that you modify two conditions. The first will be Condition 1-B, which recommends -- which originally staff had recommended a wider landscape along the east boundary of the proposed self storage facility. Because the applicant has reached out to the irrigation district and received approval for them to add additional landscaping within their easement area, staff is amenable to that change and, then, also in our staff report we had required that solid gates be located along the entry off -- at least the secondary access off of Chinden Boulevard and we wanted a solid gate to minimize the impacts of the visual effects from -- into the development from North Haven Place or Tree Haven Place -- or road, excuse me, and so the applicant -- based on the Meridian City Council April 7, 2015 Page 39 of 76 mechanical mechanism to operate that gate, the applicant has to put in a lighter door or a wrought iron fender in order for that mechanism to allow folks to enter and exit that building. So, we are amenable to that change provided they provide solid fencing adjacent to the gates and that was represented in the exhibit that the applicant provided here. You can see they are doing solid fencing here, along with the entry of the gate, and, then, the gate would be visible from the street. Other than the reduced buffer along the west boundary, the modification to the DA that I presented to you and, of course, with Planning and Zoning Commission's recommendation of denial, this will conclude my presentation and I would stand for any questions you may have. De Weerd: Thank you, Bill. Council, any questions at this point? Bird: Not at this time. De Weerd: Mr. Zaremba? Zaremba: Madam Mayor, if I may. You have mentioned the second access, which would be off Chinden several times. Recently there was a storage unit project a little farther up or down Chinden, depending on which way you say, but within maybe a mile or two of this one and the discussion on that one was that the required second access would be an emergency only access. I have not heard you use this word on this one. Is that going to be -- is the intent for that to be a usable access or would it be an emergency only access? Parsons: Madam Mayor, Members of the Council, Councilman Zaremba, that is the intent, is that it would be in an emergency access only per the conditions of approval. Zaremba: Okay. Thank you. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Bill, what uses originally or under the original approval in C-N were allowed? Parsons: Councilman Rountree, from the Planning and Zoning Commission -- Madam Mayor and Councilman Rountree I don't have the exact list, but there is a couple of things that set out in my mind what you're seeing on the concept plan or the plan this evening. In the C-N zone currently the -- on the concept plan here this larger building shown here depicts that space in the proposed storage facility here. Based on the C-N zone, neither one of those uses would be allowed in the C-N zoning district. So, we need the C-C zone in order for that to happen. But anything from medical office, retail, restaurants, those types of uses, professional services, they could all happen in either district. The original DA did not really specify specific uses on this property. It was pretty much the DA was structured that it would be subject to what -- what was allowed in the zoning district at the time that they annexed in. And so right now, as it currently sits, there is C-N. So, they are allowed to do whatever is allowed in the C-N zoning district and I can look for the -- Meridian City Council April 7, 2015 Page 40 of 76 through this very quickly for you. Caleb provided this to me. So, it looks like animal care facility, artist studio, arts and entertainment, recreational indoors. Outdoor facility would be a conditional use in the C-N zone. It would be a permitted use in the C-C zone. Building material, gardening equipment supplies, conditional use in the C-N zone. Allowed use in the C-C zone. A church is a permitted use. Civic organizations, conditional use in both zones. Gravel mining, conditional use in both zones. Education -- private and public education is principally permitted. Equipment rental, conditional use. Fuel facility is conditional use in the C-N zone, permitted use in the C-C zone and that's why we restricted that in the development agreement. We wanted to make sure and minimize those impacts. Those seem to be the gist of it. Laundromat. Dry-cleaning. A multi-family would be allowed in the C-C zone with a conditional use permit and it's not allowed in the C-N zone, so -- Rountree: Thank you. Parsons: So, it's pretty wide open. De Weerd: Any other questions for staff at this time? Okay. Would the applicant like to make comment? Gary, is this what your slide show will be? Allen: Yes. De Weerd: Okay. Well, we want to make sure that these are included, so that the audience knows what was part of this. Allen: Everybody get a copy? Thank you, Madam Mayor, Members the Council. My name is Gary Allen. My address is 601 West Bannock in Boise with the Givens Pursley law firm, representing the developer Oak Leaf Development. You have a choice tonight. The easy thing to do would be to decide this application on emotions and politics. If you do that you're going to deny the application and you will probably make most of the people here go home happy. But the question we ask is if you deny the application will you make Meridian a better city and will you do it in the real long term interest of this neighborhood. You have -- next slide. Or can I work this? I'm sorry. Parsons: Take the pen there and touch the screen. Allen: This one? Parsons: Just take the pen and touch the screen. Allen: Oh. Okay. There we go. Oops. That turned into something else. How do I jump to the next -- oh, I have to use that. Okay. All right. So, sorry about that. Technical difficulties. So, you do have another choice. So, you can look at this project based on the facts and we believe that the facts lead you to these conclusions. Number one, storage is a good use in this location based on the large inventory of commercial properties in the area and the desirability of placing storage near the residents who use it. Number two, a Meridian City Council April 7, 2015 Page 41 of 76 storage facility and other uses in Jayker Village will provide a quiet buffer between Spurwing Greens and Chinden Boulevard. Number three, the neighborhood will only have a limited view of this facility and what they will see is attractive and well landscaped. Number four, traffic is a nonissue. Number five, the storage facility will be safe and secure based on the excellent security measures that are provided by Republic Storage. Now, let me briefly introduce the project, the developer, and the storage facility owner and, then, I'm going to discuss those points. So, Bill's been through this with you. We have a -- this area of the project. This is the original plan for Jayker. This is the first commercial element of the Tree Farm master plan that was approved about ten years ago. So, as mentioned we have got C-N zoning for what's proposed to be rezoned C-C and, then, R-15 zoning on the remainder of the parcel that's already in place. Your Comprehensive Plan asks you to balance a variety of commercial and retail opportunities, protecting the residential properties from incompatible development and requiring a site design that's compatible with surrounding uses and we just want to note staff's opinion at this point, this storage is an ideal transitional use from Chinden Boulevard into this neighborhood. Bill showed you the site plan. It's a nice, clean plan. Well designed plan that has the residential on the north, the office area in the east and, then, the storage area tucked in behind it. So, we think that that's -- that's really a -- it's a well designed plan for what we are trying to do. So, staff's analysis was that the project meets the requirements for all needed permits and they recommended approval. Now, let's talk about the neighborhood concerns here. A number of Spurwing Greens residents oppose this development and they feel that a nearby self storage facility would detract from the country club setting that they live in. They are concerned about this adversely affecting their property values and they are concerned with traffic. Mr. Carnahan met with the neighborhood three times and tried to address the neighbors' concerns, but the bottom line is they are not interested in the storage use in any form in this location. Now, our point is simply that the most affected neighbor is the developer himself. Not only is he developing both the office and the residential parcels that are immediately adjacent, he's also the owner of Jayker Nurseries to the west. This means that nobody cares more than the developer that this development is an asset to its neighbors. So, for those of you who don't know Doug Carnahan, he's the principal of Oak Leaf development. Doug and his wife Meredith have made Meridian their primary home since 1985. Doug and Meredith are sitting right here. For many years Doug ran the Boise division of Hewlett-Packard. Meredith started Jayker Wholesale Nurseries in 1982 and this application is part of that Jayker facility. The Carnahans and Jayker have made innumerable contributions to Meridian over the decades, but this is relevant to this application only as a testimonial that this developer and his family care deeply about this community and would only offer you a project that they firmly believe makes Meridian a better place. Republic Storage is owned by Jake and Stacy Smith. They own 17 Treasure Valley storage facilities and are also very deeply engaged in your community. What has struck me about Republic is that cleanliness, safety, and security are central to their business model, as it providing services within the neighborhoods where they are located. In short, their business doesn't work if they aren't good neighbors. So, let's talk about some of the questions that have been raised about the storage facility. First, is there a need for storage here? What's the facility's role as a buffer? What's the visual impact of this facility? What are the traffic impacts? How does the facility affect neighborhood access and, then, will the facility be Meridian City Council April 7, 2015 Page 42 of 76 safe and secure. First looking at the need for storage. So, there is a strong national trend to take self storage uses with residential customer bases out of industrial areas and put them near the residences where they are serving, so there is convenient access for those self storage users and this application follows that trend. The market demands storage in this location more so than additional commercial and office uses, so the application responds to that, and it's also -- storage is in keeping with the city's desire to have all the uses that residents need within your city boundaries. So, as we will discuss more in a minute, the storage facility is not going to harm property values and here is the question we want to leave you with there is a need for self storage in north Meridian. So, if you're not going to put it here where will you put it, because there aren't a lot of locations you're going to find that are as good or certainly not better than this one. So, we asked that -- to further this market discussion we asked Peter Oliver of Thornton Oliver Keller to prepare a market analysis and addressing the demand for storage in this location compared to other commercial uses. I know his letter is going to be hard to read here. It should be elsewhere in your records, but I will point out some of the highlights. First of all, self storage is critical for neighborhoods like Spurwing where the CC&Rs require people to park in their garages, so they are not supposed to keep their stuff in their garages. Those folks need a place to store their things and this is Peter's quote on that issue. And, then, secondly, what we found is looking at the Linder self storage facility, which is in Paramount that we just heard about, the storage facility itself has become a valuable amenity for that facility and the surrounding neighborhoods benefit from that and as you know Paramount has been one of the more successful neighborhoods in Meridian. And we will take, you know, from our own experience, there are six lots that are across the road by the pool house next to this property and they were put on the market and priced at the high end of the range for this neighborhood. All sold within a week with two full price offers and this was after those buyers were shown the plans for the Jayker Village Subdivision. All right. Next. So, the second issue is that this development wouldn't work with a larger office or commercial component, instead of storage. This has sat vacant for this long for a reason and one of the reasons is that, you know, there is only so much demand for office and commercial uses that can fit here. Peter's opinion is that this is about the right -- that commercial office component is about the right size and that if there were more commercial we don't think that the project could absorb it . So, storage is not the most lucrative use from the owner's standpoint, so we have a strong incentive to develop something with more -- with intense commercial uses, but the market just isn't there. Looking at the potential -- or the -- the buffering potential here, you see that the storage facilities is already a nice buffer for -- from Chinden to the residential neighborhoods and, in addition, you have got about 400 feet of buffer in the residential and office areas between the storage facility itself and the surrounding residences and, or course, on the west that property is owned by Jayker, so they can provide appropriate buffering there when they develop. Let's look now at the visual impact. Just to summarize. This project is screened on all sides by landscaping and walls and various other devices. It includes various -- varied attractive walls and six foot wainscoting on the adjacent walls. It has a quality manager home that's matched to the pool house and will have unobtrusive signage. So, that's -- you have seen what this looks like. Let's go through that briefly again. You can see the landscaping and screening that's consistent with the city's requirements here on Chinden. It's a combination of trees and shrubs, Meridian City Council April 7, 2015 Page 43 of 76 varied fencing materials or features to break up the walls and this is very much in keeping with what -- what you will -- the city wants to see along Chinden Boulevard. If we go to the next slide you see the north side and as Bill discussed, you have a strong landscaping here, various heights of walls. Some of these walls are ten -- or 14 -- 12 and 14 -- even 16 feet high six foot wainscoting, varied heights, varied materials, windows, and, you know, just a very attractive use and please remember this will be completely invisible to the existing neighborhood once the R-15 area builds out. Then we look at the pool house. Again, you have got the architectural style matching the adjacent pool house, strong landscaping along here, six foot solid fences to match what's by the pool and a wrought iron gate as the entrance to the storage facility. Now let's talk about traffic. From the standpoint of the traffic agencies, first of all, traffic is a nonissue for this application. It meets district policy for ACHD and even had too little impact for a traffic study. From ITD's perspective no objection. The project will not generate more trips than anticipated under the Comprehensive Plan. So, notwithstanding that, because traffic was a significant concern of the neighborhood, the developer had Thompson Engineering prepare a report comparing the possible uses that might go on this site, so he did a residential option, an office option, and, then, a storage office residential mix that was actually proposed. Bill, could you -- there we go. Pressed the wrong thing there. Okay. So, if you look at a conservative residential opportunity -- option based on R-8 housing you can see in the office portion it generates 847 trips a day. If you go to the overall it's 1,589 trips a day. Now, moving to the office -- or the storage portion, 1,180 trips a day and 2,217 total. Then looking at what was actually proposed, you only got 461 trips under the ITD manual for storage and 1,313 trips total. So, if you add all that up the traffic agencies find traffic is insignificant. The Thompson study shows that this generates less traffic than other uses and Republic did their own study based on actual usage of a comparable facility and found that it only produced ten percent of the level of traffic that the ITE manual would -- would expect. Plus having a close in location near the residences that will use the storage facility reduces overall traffic on the road system. So, we do want to point out that contrary to what some of the neighbors have said that Tree Farm is not the only access to this property, that there is, in fact, a second access, which it connects to Long Lake and Chinden as a gated access that all the residents have access to in there and, then, as Bill pointed out there will be a -- there is a future access on Black Cat as this area builds out. So, there is a minor traffic impact and there is certainly adequate access for everyone here. From a safety and security standpoint there is an on-site manager for this facility and it will be there 24/7, an advanced alarm system, so when you key into the gate in this facility in notifies the manager you're there, it only allows you to open your -- your own unit. An alarm goes off if any other unit is opened, so if somebody jumps the gate or tries to get into somebody else's unit you can't do that. So, this is proven effective. There have been virtually zero break ins in Republic facilities since this was implemented several years ago and despite the concerns of neighbors about meth labs, there has never been a meth lab in a Republic facility. I will be just a moment here. Almost finished. De Weerd: You do need to wrap up. Meridian City Council April 7, 2015 Page 44 of 76 Allen: I will. Yes, ma'am. So, as Bill mentioned, the conditions of approval are acceptable, with a couple of minor changes that we mentioned that we believe the staff is in agreement with and, in conclusion, we think this is an appropriate mixed use that protects the neighborhood, is attractive and unobtrusive and we ask your approval with the minor changes that the staff has recommended and with that I would take your questions. De Weerd: Thank you. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do have a couple if I may. Thank you for the presentation. You mentioned that there are a number of the residents who simply don't want to have a storage unit there. Have they expressed to you what they would like to see there? Allen: I probably will leave that to Mr. Carnahan for his testimony, unless you would like to have him come up, because he has been present at those meetings. You know, I think everybody wants a coffee shop or -- but you're own -- you can only do one coffee shop, you can't do 16 acres of coffee shops and I think you might would probably be hearing complaints about just any commercial use, because, you know, as we discussed the traffic impacts would be much much higher for any type of commercial use than what we are proposing. In fact, you know, it's going to be kind of dead on that 11 acres and so, you know, there is not going to be a lot of opportunities for life that's going to make, you know, restaurants or something else like that work in here. Zaremba: Madam Mayor, a second unrelated question. I'm sure one of the issues that I noticed about other storage units around is after they are in operation for a while they tend to take on truck rental or trailer rental, like U-Haul places, and they store their trucks and trailers visibly out in front of their -- their units and there are two or three of them around town that I can think of now that are doing that. Is there anything in your CC&Rs or your -- whatever you would impose on the storage facility that they are not able to display rental vehicles in their front parking lot or visible. Allen: I have no information that anything like that is planned. We do have the storage center owners here tonight and so, you know, if you think that's inappropriate, perhaps a condition of approval would -- you know, could address that. Is anybody cringing here? You're not going to do that. Okay. So, they are not going to do that. So, however you want to address that. Zaremba: Thank you. Allen: Yes. Okay. De Weerd: Okay. Council, any other questions at this point? Meridian City Council April 7, 2015 Page 45 of 76 Bird: I have none. De Weerd: Councilman Zaremba, you got all your questions asked for now? Zaremba: So far. Thank you. Yes. De Weerd: Okay. Thank you. Okay. Thank you, Gary. I would ask Robert Newfeld. He's a spokesperson for the subdivision, so he is allowed ten minutes. Thank you for joining us. If you will, please, state your name and address for the record. Newfeld: Thank you, Madam Mayor, Members of the City Council. My name is Robert Newfeld. I reside at 3756 West Snow Cherry Court in the Spurwing Green development. De Weerd: Thank you. Newfeld: I also serve as the chairman of the Spurwing Green Homeowners Association Advisory Committee. Tonight I'm here to talk to you about many items. You will also hear from several of the residents in our community about our concerns and the reasons why we believe that you should uphold the decision of the Planning and Zoning Commission and deny the request for the Jayker Village Development, Action Items F, G, H and I on your calendar this evening. First, I find it quite enlightening to sit in the audience and listen to legal counsel for the proponent make some statements that bear absolutely zero fact. We will tonight address those issues and, hopefully, we will be able to answer any questions that you have. Following tonight's meeting we have gathered the signatures of 90 percent of all of the homeowners in Spurwing Greens. These homeowners are opposed to the rezoning and to the conditional use permits. These signatures now represent 191 of the 211 homes that are in the development and while we have had some that declined to sign, they are only seven homes and represent only three percent of those that would favor the project or had no opinion. That is a very significant minority. At the Planning and Zoning Commission meeting, Mr. Carnahan placed into the public record the following and I will quote directly from his remarks in the transcript, quote: The country club image. This is a mixed use master planned facility. It is not a country club community. That's great. I live there. I appreciate that it's turned out to be very nice. That's great. End of quote. A bit later in his remarks he returned to the country club issue with these remarks. Quote: We think we have an attractive option and it's just an image thing that we are in a country club community. And if we had the slides up here now -- if I can get to that, Bill. Go back to the -- can you get me to the very first slide, Bill, and, then, I can start from there? We are almost there. Right here. Go back one. Right here. If you will see the sign on the lower left potion of your screen there, you will see this very, very clearly in the brown in the center below the pictures, a country club community. That sign has been there for many years. I will also let you know that back in 2006 I believe -- I'm not sure of the exact date -- there was the groundbreaking for the new Spurwing Green development. I believe Mayor Tammy was there as I recall. There were also several of the developers from the community and several of the builders that were there. I happened to be looking for a place to move at that particular time and that video and the Meridian City Council April 7, 2015 Page 46 of 76 vision that was shared by the Mayor, by the developers, and by the builders is one of the reasons why I decided to move to Meridian and to the Spurwing Greens development. The issue of saying that is not a country club facility is not a true statement. It is, in fact, identified as this picture here and it is also identified by the fact that each and every homeowner in the organization -- within the development, rather, pay an annual fee to belong to the club at Spurwing. To me that makes it a country club community and I don't think anybody can logically argue that that is not the case. During the issues that were presented at the Planning and Zoning Commission we heard a lot of these concerns. We understand the issues about traffic and we were educated. The traffic is not really relevant -- of concern for the development of a storage facility there. This particular facility, though, is more than just a storage facility. As you can see you have a request to rezone and there would be additional residential in there and there would also be commercial development. That development does add to the traffic. The fact that Mr. Carnahan in his statements before the Planning and Zoning Commission and the statements by Council tonight indicated that the traffic counts are very low from the storage unit, but they are unusually high for the residential developments in there. Nine point two trips per day for a residential development and I can tell as a resident and with many of the people behind me here in attendance tonight that if you found anybody in that development that makes 9.2 trips per day as part of the residential development, that that is, again, an incorrect statement and that makes us question, then, whether the numbers that are presented are actually correct to begin with. Tonight you will hear the neighbors that will talk and many of them will speak against the project, but there are some who will speak for the project. These people are our friends and our neighbors and we certainly respect the right that they have to be able to make those kind of statements and to make their position heard. But another statement that was made by legal counsel that is false is nobody -- absolutely nobody in the Spurwing Greens development is against Mr. Carnahan's development of that property. Everybody understands he has a property right, he can delve that to the best use. The only thing that we are asking is that the use that he presents for the community is one that is consistent with the standards that have been established by the City of Meridian in their vision, excuse me, and also by the developers. Back in the beginning of this the City of Meridian and Brighton did have a big vision for Spurwing Greens and Brighton and all the builders who followed that plan have made that dream come true. Now we have Mr. Carnahan who wishes to change that vision. Not only of those of us who reside in Spurwing Greens, but many others throughout the Treasure Valley look at Spurwing Greens as the premier development in the Treasure Valley and do not want to see that image tarnished. Mr. Carnahan wants to change that by building a storage facility that rightly belongs in a heavy commercial or industrial area. At the March 5th Planning and Zoning Commission meeting Commissioner Wilson stated as part of his remarks after the hearing that, quote: I don't think that this reup in zoning makes any sense and I'm troubled by the fact that the developer, you know, and the community have not been working together and I, too, have serious issues with this. Well, to correct another false statement in the time that -- that was stated that Mr. Carnahan has met three times with the public, twice was as a requirement for the application that he had submitted, excuse me, to notify people within 300 feet of the project boundary and he met with them. We meet with him, though, as a result of that comment by Commissioner Wilson on March the 28th. Ten of us sat down Meridian City Council April 7, 2015 Page 47 of 76 with Mr. Carnahan and I thanked him for meeting with us. We asked what can we do to make this thing work and we were lectured to and we were told that we had no idea what was good for the community. I found that to be reprehensible. The results of that meeting were disappointing to say the least. We listened to Mr. Carnahan and now he is telling you that he has a different message or different vision for what he is proposing for the property. He also closed that meeting by saying that he would do whatever is necessary to get this project approved. To us that shows that he is not really willing to work with the residents to find a project that would fit in the neighborhood. Tonight we respectfully request that our representatives, the Mayor, City Council of the City of Meridian, follow the recommendation of your Planning and Zoning Commission and deny the RZ 15-003, PP 15-003, CUP 15-003 and MDA 15-001. Thank you and I would be pleased to answer any questions you may have. De Weerd: Thank you. Council, any questions? Bird: I have none. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: You mentioned that you and the folks that you have been talking to will be supportive of development that is essentially approved here by the existing zoning and you heard a partial list of those kinds of activities, so -- Newfeld: Right. Rountree: -- those are amenable to you -- you feel that you represent -- Newfeld: Absolutely, Mr. Rountree -- Councilman Rountree. If I may, if we could get -- one more time. They were here. I saw them before. Have a lot of pictures in here and I apologize for this. Because people coming up, some of them will be using this as well. I'm trying to find the pictures here that are part of the Paramount entrance and I don't -- do not see them. I know they are in here. But when you drive off of Linder into the Paramount development in through the commercial development that's there, I think that that -- and I'm not speaking on behalf of every resident, but I think that I can honestly say the majority of the people could deal with something like that of we had that type of development proposed for that property up there or something that looked like that, very attractive, would certainly be supported. Rountree: Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council April 7, 2015 Page 48 of 76 Newfeld: Oh. There we go. Thanks, Bill. Yeah. This -- something like this -- this is, obviously, just the -- the entrance, but, here, something like this would be very, very beneficial to improving the -- the image that would be presented as you enter into the Spurwing Greens development. The single entrance is, obviously, an issue of concern. The traffic counts we understand are something that could be questioned, but we are not here to do that tonight, we are here to say we are not opposed to Mr. Carnahan developing the property. We never have been. We want it to be consistent with the community that we live in and something that would support the lifestyle that we all bought into. De Weerd: Mr. Cavener. Cavener: Thank you for testifying tonight. A question I guess to your point about the community standards. Do you feel the esthetics of the proposed project meet your community standards? Newfeld: I do not. Cavener: Can you maybe give me some clarification as to the why not? Newfeld: It was presented to us that the bedding -- the buildings, excuse me. The buildings will be metal buildings. They are not the stone face that the -- even the north side building that would be, quote, screened on there would have a metal backing. They would not be something that is substantial. If you look at the project that was recently approved by the Council and the Planning and Zoning Commission for the Citadel project, they required a block wall all the way down on the Chinden side of that property down there. Something like that in a colored block wall I think would be acceptable in the areas where it actually faces out to where people would look at it from their homes. Cavener: Appreciate it. Thank you. Newfeld: Thank you. De Weerd: Okay. Any other questions from Council? Newfeld: Thank you very much, Mayor. De Weerd: Thank you. Travis Hawks. Good evening. If you will, please, state your name and address for the record. Hawks: Travis -- excuse me. You guys could make some money by selling water I think up here. It's been kind of a long night. Travis Hawks. 6828 North Sunset Maple Way in Meridian. Madam Mayor and Members of the Council, appreciate the opportunity to address you. As way of background, I have been a resident of Meridian for 19 years. I have a business that I own that's in Meridian and I also employ 30 people who live in Meridian and I have chosen to live and do business in Meridian because I am pro growth Meridian City Council April 7, 2015 Page 49 of 76 and I am pro business, pro growth, and I have appreciated the way in which Meridian has grown and supported growth. That issue with this storage unit in this neighborhood is simply one of it does not fit. My wife and I bought a lot in the Spurwing development about three years ago and at the time we purchased that lot we checked on the zoning in the surrounding areas to look at the type of projects that could come into the neighborhood and certainly a storage unit was not a possibility based on the zoning at the time we purchased the lot. For -- you know, the developer, had they wanted to put in a storage unit they should have asked for that zoning originally. There is a lot of talk about traffic and a lot of talk about traffic counts. I think it's important for the Council to understand that the storage units are going to bring the wrong kind of traffic for our neighborhood. It's going to bring RVs and boats and large trucks and moving vans and trailers that are going to be passing next to a school bus stop and next to a community pool and in a residential area with kids walking around. So, I could care less about the number of cars or the traffic counts, I care for my family and my children about the boats and the RVs and the trucks and the type of traffic. Simply put, it's not smart growth. It does not fit in this neighborhood and I would just leave the Council to think about this, that there is really no reason -- no compelling reason to go against the recommendation of the Planning and Zoning Committee, no compelling reason to change the zoning in this area and no compelling reason to bring this type of traffic into this neighborhood. Thank you. De Weerd: Thank you. Okay. Jennifer -- I will not even try to mutilate your name. Because I see it with O's and I see it with A's. So, I will just let you tell us what your last name is. Domiano: Thank you, Madam Mayor and Members. My last name is Domiano. Jennifer Domiano. De Weerd: I'm so glad I let you say it. Domiano: No worries. Eleven years of marriage and I'm still working on it, so -- De Weerd: Thank you for joining us. Domiano: I -- excuse me. I reside at 3656 West Red Jade Court in the Spurwing Greens Estates. My husband and I bought a lot in 2013 and we built a custom home there. We reside there with our nine year old son and our three year old son. When we originally looked we had been in Idaho for ten years and we looked in Eagle, Boise, Meridian, to find where we were going to build our home -- our dream home. My husband and I both work full time and we wanted a great place to raise our children. A safe place. And so we found Spurwing and we have loved it. We have invested everything to be able to live in that neighborhood. Our children play outdoors every day and we will soon be using the bus stop that's there within the subdivision. My concerns are that the traffic and the individuals that will be using the entrance to our neighborhood, again, won't see our children. I have seen the RVs and I have seen the trucks -- it's just not possible to see little children on bicycles and scooters and walking and I'm concerned. I'm concerned for our kids that use the pool that there is going to be an accident. It's evitable. So, that's Meridian City Council April 7, 2015 Page 50 of 76 where my husband and I's large concern is is for the safety of the kids that live in that neighborhood. Thank you. De Weerd: Thank you. Domiano: Thank you. De Weerd: Don Wyman. Good evening. Wyman: Good evening, Mayor, Council Members. My name is Don Wyman. I live at 4304 West Highland Fall Drive in the Spurwing Greens development in the area that's known as The Grove, which is directly north of this planned development. I come to you today to address -- is this coming across? Okay. De Weerd: Yes. Wyman: To address the concerns that we have regarding the public safety. I'm sure that storage units build safe and secure facilities for the people that you use them. However, what I'm here to talk about is is the fire and hazardous exposure and potential in those units. I'm a firefighter of 40 years. I have been on fires in storage units such as these that have people living in them that can't afford a home, unfortunately. They jerry with the electrical and they fall asleep smoking or they put a camp stove and it takes off in their unit it, spreads to the next and the next one and before you have it you have half of one of those long rows of buildings going. Well, when that happens, if everybody is honest and lawful, there is not too much of a worry about having exposure to your citizens around the storage unit and that's probably why they put them in industrial and heavy commercial zoned areas. But what happens is those nice sofas that we store in there, they meet fire and they produce smoke, they produce cyanide gas, depending on the materials they are made out of. I have also been on fires where there were clandestine drug labs inside the units, pot grows, and meth labs. Now, I'm a little concerned about Council's comment -- we never had a meth lab. LA probably thought at one point in time they never had a meth lab. I would ask that you be proactive and take into a realm of possibility that what I have just put before you can happen. It puts your city employees at risk, public works with the runoff, it puts your firefighters at risk. It puts your police officers at risk. I mentioned this, because staff didn't include any of these comments that I made to the planning division, so I'm having to repeat them to you and the other thing -- police can't get in there, you can't in there, I can't get in there, the 24/7 resident that lives on that property cannot get into those storage units to inspect them on any kind of regular basis. So, once the person leaves something in and pulls that door down and locks it shut, we have no way of knowing what's going in there. The state doesn't provide for it and the city code doesn't provide for it. I think that's something we, as not just Meridian, but as a state and as a nation need to address. So, with those minor concerns, I would simply ask that you, the Council and the Mayor, stand with that 300 and some people that have signed this petition and deny the rezoning request. We don't have a problem with the neighborhood commercial, because this can't go in under neighborhood commercial. But when you change it to community commercial, it can go in and they can explore your electorate, Meridian City Council April 7, 2015 Page 51 of 76 your friends, neighbors, and possibly family that live in this area to what I have described to you tonight. Thank you. De Weerd: Thank you, Mr. Wyman. And I will assure you that these minutes are part of the public record. All testimony that was given at the Planning and Zoning hearing has been reviewed by this Council and it's also part of the public. So, it doesn't fall on deaf ears. Wyman: Okay. Great. I just wanted to make sure you got it, so -- De Weerd: Thank you. Wyman: Thank you very much. De Weerd: Gary Walker. Good evening. If you will, please, state your name and address for the record. Walker: Good evening. Gary Walker. I live at 6856 North Topaz Jewel Place in Meridian in the Spurwing Greens Subdivision. De Weerd: Thank you. Walker: And I do want to second Mr. Hawks' statement you need water in this room. De Weerd: There is a water fountain just right in the lobby. Walker: I'm a retired sheriff's commander. I have handed you a copy of a document from the Meridian Police Department. It was distributed by Sergeant Matt Parsons at our HOA meeting on the 31st of March. It shows crime statistics from January 1, '14, to 12/31/14. You can see that our subdivision had a total of three incidents. One break in, one DUI, and one other offense. I suspect it must be a misdemeanor of some sort. Sergeant Parsons stated that our area was the, quote, jewel of Meridian. He stated that our area has probably less than one percent of the crimes of other subdivisions in Meridian. I don't know if that's true or not, because I didn't see the other crime statistics. I would ask that you not tarnish this jewel by allowing the change in zoning to allow a storage unit to be built next door. In my experience as a commander I can recall incidents where storage units were involved in housing meth labs and all the toxic materials that go with it, stolen property from burglaries, robberies and thefts, and were utilized as an illegal transfer point. No one really knows what's in a storage unit. Storage units are treated like a home. An officer needs sufficient evidence to get a search warrant to enter a storage unit. The units themselves are not inspected by the workers. Anyone, including crooks, can store just about anything they want without question. I have two personal incidences involving my family. My older son is a special agent for the FBI. He related to me an incident recently where tens of thousands of gallons of gasoline, which was stolen, was discovered in a storage unit. It was stashed there by an organized crime unit. I'm not saying there is one here, but I'm just saying it exists. My oldest daughter had most of her Meridian City Council April 7, 2015 Page 52 of 76 household stolen and it was stashed in a storage unit. It took the better part of three months, countless hours of personal investigative work, thousands of dollars in attorney's fees and the help of a confidential informant to obtain a search warrant and a court order to seize her own property. I would venture to say that not one of your police officers in this jurisdiction knows exactly what is stored in a storage unit. I want to comment a little bit about what the attorney stated earlier. I strongly object to what he said. He was determining what was in the long term best interest of our community. I object to that strongly. There are 308 residents who do not believe so and neither does the Planning and Zoning Commission. He also stated that the entrance -- there is two entrances and I believe that he's referring to the entrance that goes to the country club. It takes two gates to go through there and if you look at the ACHD map there is no road that connects to Spurwing Greens. It goes Balata and, then, it goes to two separate gates, through a golf course. It is not a county road. I believe it's a private road. I would encourage you to support the decision of your Planning and Zoning Commission and not allow the proposed change to the zoning of the property in question. Thank you. De Weerd: That was perfectly timed. Walker: I timed -- I timed myself at home, but I had to add those two comments. It was supposed to be two minutes and 50 seconds. De Weerd: Well, we will give you that. Walker: Thank you. De Weerd: Thank you. Walker: Any questions? Thank you for your time. De Weerd: Larry Graham. Keith Allred. So, we will open it up to open testimony. Bird: He's Larry. De Weerd: Oh. Well -- okay. Larry, I just called your name. Come on up. Graham: My name is Larry Graham. I live at 6824 North Tree Haven Way. And just a couple of comments tonight. First off, there is going to be a lot of RVs in that storage facility that's proposed. Most of the RVs will run approximately nine feet to 14 feet in height. We were told at the last meeting, the Planning and Zoning Commission meeting that we attended, that the north fence would be -- if I recall correctly, six foot in height. So, the RVs are going to be stored underneath the covered overhead area and they will be visible to the residents of Spurwing Greens and also in addition to that, there is safety items involved. Almost all RVs have propane tanks. So, if there is a fire in any one of those buildings and it spreads to the RVs, you can't manage the explosions that will occur around that area and it will be a safety threat to the residents of Spurwing. As stated earlier, that storage facility belongs in an industrial area. It doesn't belong in a residential Meridian City Council April 7, 2015 Page 53 of 76 area. The facility down the road, Citadel, does not have RV storage. You don't see RVs from that facility, because they are not there, they are not permitted to go in there. That's -- I'd just like to close. Thank you. De Weerd: Thank you, Mr. Graham. I am going to call a five -- five minuteish break, so all of you can get a drink of water and so can we. So, we will reconvene at 9:10. (Recess.) De Weerd: -- a few minutes break and we will reconvene. I will ask if Keith Allred is here. Good evening. If you will, please, state your name and address for the record. Allred: Keith Allred. 6811 North Topaz Jewel Place. When I was here last month testifying I noted that these microphones needed to be higher. It hasn't happened so far. I will do my giraffe impersonation here if I may. I have lived in Meridian for the last seven and a half years. The first five years I was in the Lochsa Falls Subdivision and two and a half years ago my wife and I moved to Spurwing Greens and so about six days a week I travel on Chinden to Boise State University where I'm a faculty member and I would like the record to note that data if it's tortured enough will confess to almost anything. I say that to note that seven and a half years ago I could drive to Boise State University in 25 minutes. Now it takes me anywhere from 50 to 60 minutes and so when I hear Idaho Department of Transportation and ACHD saying 20-26 is doing fine, some day Chinden will be expanded, I really struggle with that kind of data, since I'm living it every day and the fact that there is one entrance and one exit that hundreds of people are using now into Spurwing Greens is a significant safety issue. Bainbridge is beginning to be developed south of Chinden now and several hundred homes will be going in there. The same intersection will be used by those folks and so to keep talking about how traffic isn't really an issue is just disingenuous. It's a major issue regardless of what the numbers may indicate. I think many of you have heard a statement attributed to Mark Twain and others, which goes like this: I use data the way a drunk uses a lamp post. Not for illumination, but for support. And you're hearing all kinds of data. Both sides on this issue have data. Doesn't it remind you almost of a presidential debate? So, as much as it would be convenient if this were a matter of just facts, it would probably have been solved before now. There are more than just facts involved. There are ethical issues and the fact that Chinden -- no one knows and no one will acknowledge when it may be expanded, it just keeps getting kicked down the road, like our fearless leaders in Washington DC are doing. So, whether the facts align exactly is almost a moot point. I'm asking you to consider ethical issues of safety and welfare and well being for the community of Meridian as a whole and not just Spurwing Greens. Thank you. De Weerd: Thank you, Mr. Allred. Allred: Questions? De Weerd: No. Meridian City Council April 7, 2015 Page 54 of 76 Rountree: I just had one comment. You don't need to go to Washington DC to see politicians kick transportation down the road. Allred: Amen. De Weerd: Yeah. I had to take a breath after that one. Helen Little. Pardon? You bet you can. Sue Philman. Philman: Madam Mayor and City Council Members, my name is Sue Philman. I live at 6550 North Lonicera Way in Spurwing Greens. My comments tonight are mostly going to be specific to things I have been digging out of the city's own Comprehensive Plan and it's really interesting the things that you can find in there. We are here tonight because as homeowners we believe the Jayker Village Subdivision does not match the city's own vision for the future and, then, that could harm our community. The city Comprehensive Plan is a guide that balances the city's vision for the future with the concerns of the neighboring properties, while also balancing the developer's visions and it's a huge challenge, which is why we are all here again. So, when I look at this, one of the things that comes up is quality of life. The plan states that land use decisions must sustain, enhance, promote and protect elements that contribute to the livability and high quality of life for all Meridian residents. We all want Meridian to be a premier place to live, work, and to raise our families. There is nothing about building a storage facility within the community of Spurwing Greens that enhances livability or high quality of life. We have already heard it's a potential eye sore, but also brings the real probability of crime, fire hazard, and traffic with oversize vehicles going by that swimming pool over and over. One of the things I found in the plan this morning at 5:00 o'clock was that we need to protect Meridian's self identity. Well, those of us here tonight want to protect the self identity of our own community in Spurwing Greens. The second element is land use. The Comprehensive Plan encourages compatible uses -- we have heard this before -- to minimize conflicts and maximize use of land. There is nothing compatible about placing this storage facility in a community. It just doesn't fit. The entrance to the new pool -- and if you will look at -- we have got two maps here for you to look at. The one that's on the screen now is the one that was filed with the application and I believe on the plans that you have in front of you I have highlighted it in color and -- oops. The entrance is directly across. The pool and the storage facility are directly across from each other and it's a narrow road. So, you're going to have cars going by there daily. Going to the next one. This gives a -- sort of a master view of the community and you can see where traffic comes in through the only entrance on Tree Farm and to the left they would go to Tree Haven -- I think I must be making that turn with the pen, so I'm going to put it down. So, when you go left to the Jayker Village, the entrance to the subdivision for the storage units is down there to the left and the pool is directly across from it. But the other issue is trucks go all the way around and, then, they come back down through there, because it's easier to turn. So, you're going to have traffic coming from both directions on a narrow street where people are parked, because there is no parking -- very little parking at the pool. So, one last comment and that is property rights. We don't dispute that he has the right to develop at C-N, but when one party benefits and everybody else suffers, your own Meridian City Council April 7, 2015 Page 55 of 76 Comprehensive Plan says that's wrong. We ask you to, please, stand with the Planning and Zoning Commission's decision and deny this application. Thank you. De Weerd: Thank you. Do I have to tell you not to do that? Okay. Thank you. Steve Hubble. Thank you for lasting this long. If you will, please, state your name and address for the record. Hubble: Yes. My name is Steve Hubble. I live at 6748 North Moondrummer Way in Spurwing Greens. And, Madam Mayor and Members of the Council, I really appreciate this opportunity. I'm going to express what I feel, not necessarily what everyone behind me is saying, but just a little bit of experience. I'm retired. My wife and I decided that we would move to Idaho about three and a half years ago from the cold east and enjoy this mild climate and we did a lot of searching in the beginning for a subdivision. In fact, we rented for about eight months and we searched from Boise and all the towns around, including Meridian, and a lot of subdivisions and we selected Spurwing Greens and the reason we did that is because -- after doing all the searching I decided to become a real estate agent myself. It just made it easier and learned from real estate there is something called a wow factor in the real estate industry and what I mean by that -- if an agent takes a client in to look in a subdivision, they are always looking for that statement from a client saying, wow, we love this subdivision or we love this house and, obviously, Spurwing gave us that wow factor and we bought in there and after purchasing the home we absolutely love it. We have some of the greatest neighbors you could ever want to have and we plan on staying there and living there for the rest of our lives. At the time we bought that -- when we looked at the entrance of Spurwing there were no large buildings that had Republic Storage on it at the entrance at the front door of that subdivision and there were no directional signs directing me to a storage unit. It was a very open and pleasable look at a facility that as a subdivision we thought this would be the perfect place to spend the rest of our lives. From a real estate perspective I know that our feeling at the time we would have never bought if we had seen those things and I feel that there would be others have that same impression. We know -- really feel that property values will be impacted. Obviously, assessments of the current properties -- there have been 211 homes built in that subdivision in the last four years and we collectively as residents have probably invested 75 million dollars of our life savings, many of us, to live in this community. We consider it a premier community. Whether it's country club living or not I'm not sure. I have got to speak quickly here. You, as a city, did a very smart thing when you a few years ago elected to -- and gave a developer the permission to develop Spurwing Greens. It was the right decision and you have done an excellent job. So, tonight I don't always speak -- I speak for myself, so I feel like I have -- right now there are 316 that have signed the petition to deny this petition by the -- by the Oak Leaf development project and I think they are behind me when I say we want to encourage this Commission -- this Council today to do the same thing, to deny it and really preserve what you envisioned in the beginning as to what a premier sub should look like from the entrance right on through it. For me keep the wow factor going. Just not for Spurwing, but for the City of Meridian as well. Thank you for your consideration. Meridian City Council April 7, 2015 Page 56 of 76 De Weerd: Thank you. Okay. At this point I'd like to say -- ask if anyone wants to testify? Now, I will tell you that I have five sheets and I'm not going to read all of your names. So, it is part of the public record, but I would invite you to come forward. This is part of the public hearing. Carnahan: I signed up just like you did. De Weerd: Yes. Carnahan: My name is Douglas Carnahan. I live at 7270 North Tree Haven Way in Meridian. De Weerd: Thank you. Carnahan: I am the guy with the target on the back. We -- my wife and I live in the community. I don't call it the Spurwing Greens community, because it's not only a Spurwing Greens community, there are over 50 acres of other developments and properties. My -- I live in a subdivision that's not Spurwing Greens and I think one of the confusing things that people are dealing with -- it is not just Spurwing Greens, it's the Jayker Village Subdivision. It's several other subdivisions that exist there. And so I just wanted to get that clear, because I think there is some confusion on it. My wife and I believe in the project. We think it best meets the needs of the community with the proposed attractive design and we do think it's an attractive storage design. The storage image will go away over time, just like it does in other communities. The position taken is -- and in all the meetings I have had one thing is clear, we don't care what it looks like, we don't care what benefit it is for life, all we care is that it has storage in the label and that storage in the label is the whole reason we don't want it. Not appearance. I couldn't get anybody to engage on appearance when I went to talk to them. I tried. I said can we change something. Would not talk. The room was quiet. And so that's the issue. It's a psychological issue totally to do with -- with image. I had some remarks that I was going to make. I think it's going to be repetitive and we would be more efficient with our time if I -- I don't repeat the benefits. I will repeat a couple of them. The benefits -- the benefit in traffic. People keep talking about children. They talk about all these issues related to traffic. That traffic causes. If you use the data from the Republic Storage, the 11 acres, the traffic they will have at full build out computes to five homes. The equivalent of five homes. If you use the ACHD information it equates to seven homes equivalent traffic. If you use the national standards, which are probably too high for Boise, it's 50 homes. The point is it is so substantial, the traffic benefit, that it's just a -- why people keep arguing I'm just -- just kind of confused. But, at any rate, I wanted to make one other point and it has to do totally with the -- the petition. I wanted to study the petition, because I didn't know what was going on. Was this information I was sharing, was it really getting out to the people? And the answer was it wasn't. And how did the petition run? What happened? You can pull this up on your computer if you have access to the petition file. There was a document in there. De Weerd: Doug? Meridian City Council April 7, 2015 Page 57 of 76 Carnahan: Yeah. De Weerd: Can I ask you to summarize? Carnahan: Yeah. I will just make this last point. De Weerd: Thank you. Carnahan: There is a document in there that was a response to one of the people that asked them to sign a petition and here is what was said. You absolutely have my permission to add my name and address to your petition. I would be interested in learning more about the monstrosity you speak of. That is how that petition has been sold. It's in writing. You can look it up. E-mail was used. Knocking on doors was used. That's how you got 300 and some odd signatures. People didn't know what they were signing. Look it up, folks. De Weerd: Council, any questions for Mr. Carnahan? Bird: I have none. De Weerd: No. Carnahan: I made notes on a lot of questions and things that I could answer. Do you want me to do that all later? De Weerd: In the -- Carnahan: It's just answering questions that were raised. De Weerd: Yes. That's part of the closing. Carnahan: Okay. De Weerd: Thank you. Carnahan: Thank you. De Weerd: If you will, please, state your name and address for the record. Lattimer: Sandy Lattimer. I live on the corner of Tree Farm and Jayker Village, directly across from that. What does make Meridian better than Middleton or Kuna or Nampa? The same thing that makes Spurwing Greens better than Paramount or Bridgetower or La Mirada. We have a great golf course. In fact, Spurwing Greens markets themselves as being on the corner of exclusive and accessible. I looked at the plot before I bought my house. I'm semi retired and I saved my whole life up to live this dream I bought in Meridian City Council April 7, 2015 Page 58 of 76 Spurwing Greens. Nowhere on this plot does it show storage units. I looked at the zoning. It's not permitted. Planning and Zoning says no. So, it's up to you guys to follow through. As for my dream, my house is for sale, because I can't deal with it. So, there goes my dream. But let me end by bringing up that paragon of logic, Mr. Spock. He said in his brilliance the good of the many outweigh the good of the few. Thank you. De Weerd: Okay. Ma'am in the back. Hickey: Good evening. De Weerd: Good evening. Hickey: My name is Jan Hickey and my address is 4192 West Greenspire. De Weerd: Thank you. Hickey: And I just want to comment the attorney that opened with his comments mentioned for you not to rule on emotion or politics, so I just want to state that my comments will be neither based on emotion or politically driven, but more on just an appreciation for the spirit of zoning best use and certainly preexisting zoning and I just wanted to comment to you, Mr. Councilman, about your -- I really appreciated your comments about the item that was up before with the Paramount Subdivision. They had clearly planned out at least 12 years in advance what those -- what their development was going to look like and so those apartments did not come as a big surprise to the people that had purchased in those subdivisions that they have done. But this is different. I mean we -- you can tell no one saw the storage units coming and, you know, I kind of want to add that I have a -- have an Idaho real estate license and was focused more on the commercial side and, then, went into some commercial banking and so I understand that a lot of times land sellers will approach application for zoning changes when there is contingencies on contracts. I don't know if that's the case with this, but I'm assuming based on their presentation and I guess I just want to end by saying to just kind of keep that in mind, that the -- the original intent is obvious, but was laid out and, you know, just from talking to several of the neighbors they are not opposed, as the attorney said, to any kind of commercial development, they are just opposed to storage units, which clearly don't fall in the current zoning. Thank you. De Weerd: Thank you. Yes, sir. Good evening. If you will, please, state your name and address for the record. Humphreys: Good evening. Glen Humphreys. I live at 6880 North Pyra Avenue, Spurwing Greens. De Weerd: Thank you. Humphreys: I'm going to speak from experience. Spent just under 40 years in law enforcement in California. I retired as an operations captain for a sheriff's office. I spent Meridian City Council April 7, 2015 Page 59 of 76 many years as a patrol officer and I know what attracts the criminal element. The statistics that were displayed earlier about Spurwing Greens and how low the crime stats are, that's for a reason, because of the residents who pay particular attention to what comes and goes and it's also -- because right now we don't have anything to attract the criminal element. We don't have any commercial. There is no building. There is no mini storage. There is no items that people come to to commit those kinds of crimes. Granted, there has been conversation about what you will find in a mini storage, but there is also the element that comes to the mini storage, puts their stolen property inside and, then, drives around to see what's around the area and what you're going to find is a golf course, a high end residential area, which is going to attract a certain element. The other commercial property, it's in the plan, we can't stop it. It's also going to attract more traffic that is going to look to see what's in the area. I have stopped plenty of people who were in the area for no purpose in other jurisdictions, other than looking for something. I don't want them in Spurwing Greens looking for something to burglarize, because they were there using the mini storage and I would ask that you also oppose approval of the rezoning as the Planning Commission did. Thank you very much. De Weerd: Thank you. Yes, ma'am. Good evening. Klure: Madam Mayor and fellow Council Members, my name the Melinda Klure. My address is 3752 West Magic Spruce Drive. I'm a homeowner of the Spurwing Greens residential community. I oppose the application for the use permit, which would allow the construction of a storage facility near Tree Farm and Chinden. I have three points I would like to make. At the last Planning and Zoning meeting an Oak Leaf developer's representative stated that the traffic would not have an impact on our neighborhood. The statement is simply not true. The type of traffic created by this facility is not compatible with residential use and would impact our community's livability. Instead of local cars and trucks traveling on our streets that are paying attention to children and all the other people that use the space for walking, it will be nonresidents driving large vehicles, pulling trailers and boats and driving their RVs in and around our narrow streets. The streets in our neighborhood were not designed for that kind of traffic, especially since the entrance of the storage unit is directly located across the street from where our swimming pool is. It was also stated that we are a multi-use neighborhood, which is true. However, we are also a country club neighborhood. According to our CC&Rs we are required to pay dues to Spurwing Country Club as social members, with the opportunity to join as golf members. Putting in industrial storage units will greatly diminish the value of our property and how we live in the community. There is no way the units can be built to disguise their use as proposed by the developer. And as an aside, I did notice on their -- their plan that they have these beautifully large trees and plants and said that we won't notice. I would like to know how many years it's going take for those plants to mature in which to completely cover what is being built. My third point concerns safety for our neighbors. We had the police officer, which you have heard about, come and speak at our HOA meeting last week. He stated that there is no crime rate to speak of in Spurwing Greens, because we know our neighbors and we know who is coming and going. When you have people who do not live here driving through our streets with full access to our community and no accountability for its safety, we lose the ability to monitor local traffic and help Meridian City Council April 7, 2015 Page 60 of 76 insure a safe community. In short, this proposed use is not compatible with the existing residential community and contrary or our Mayor's stated desire to maintain safe neighborhoods in an attractive and sustainable environment. I respectfully urge you to decline using -- issuing the requested use permit. Thank you. De Weerd: Thank you. Yes, ma'am, in the back. Good evening. Lee: Hi. My name is Sharon Lee. I live at 6832 North Topaz Jewel Place in Meridian. Spurwing Greens. De Weerd: Thank you. Lee: I represent two areas and I am a consumer of storage units, so I come from that experience and I am opposed to the rezoning. First, I work in the healthcare industry, which I have had the honor of having the Mayor through and showing her our facility. We use storage. I am the administrator there and I get the calls when the locks have been cut off our storage unit. This has happened multiple times and in those times -- this is in a residential area -- this particular area where the storage is. My other is from an owner of a construction business and I will tell you that the majority of the folks in Spurwing Subdivision do not need a storage unit. We have three to five car garages and most of our hobbies are located in there. What you will get is my husband's construction company in there. It's close to where all your new developments are going out on Chinden and we make money by using less gas. So, I will store my concrete chemicals in there and my trucks will go in and out and as the owner of this I will get the calls when we broke the curbs when we run over stuff and this will happen, because it's already happening in our subdivision. So, I am opposed to this and it's from a consumer point and as an owner in this subdivision. Thank you. De Weerd: Thank you. Sir. Welch: Thank you, Madam Mayor and Council persons. My name is Major Wendell Welch, 96 Air Force retired. I came to Meridian as a last assignment down in Mountain Home and just recently my second crew where I work with the Bureau of Land Management, in particular with the National Wildfire Coordinating Group, doing distance learning for wild land fire training. Last year and this year we have trained over online information about wild land fire training over 15,000 folks, because we are getting ready for a season that could be -- well, you know, you have been here long enough. I also am the principal trombonist with the Meridian Symphony Orchestra and now I look forward to a performing arts facility in Meridian someday and I also invite you to our performance on April 25th, we have our young artist concert and you will hear amazing playing while we are at the Centennial Performing Arts Center and I also serve as an elder with the Linder Road Church of Christ. So, I'm involved in this community and when the -- my wife and I started searching all over this area for a new home we kept going back to Spurwing Greens. We tried not to. We tried not to go back, but we would look in other areas and we would say let's go back to Spurwing Greens and we would drive by and, then, we would look at each other and say do you think we will ever live here? And while our Meridian City Council April 7, 2015 Page 61 of 76 house was being built we kept saying do you think we will ever live here? I have pictures of it going up. It's a wonderful place and on March 14th, my wife's birthday, we signed the papers for that house. And so I tell her I bought her a birthday -- or a birthday gift of a house. Now, the next year she only got flowers. But I bought her a house in a country club community, because it says so when I moved in and at that time it was not near or next to a storage facility, nor was there any known intention of building one. We have been very involved in Meridian. I am an empty nester, which, just think about it, I'm downsizing and I got a 1,000 square foot garage. I got plenty of room and I also use it as my office for my study. I practice my trombone in it. No one can hear me. My wife doesn’t know what I'm doing when I'm practicing, because she's asleep. I also wanted to make a point that I -- when I -- I do research. Have been for over -- in my job when I was in the Air Force and now. I do research and I look through all the information that I can get and I always use the best scenario to support my point of view and, you know what, I usually win, because the scenarios are way better than the actual outcome. So, I encourage you to deny this rezone. Thank you. De Weerd: Thank you. Howell: Thank you. My name is John Howell. I live at 6562 West Lonicera Way and kind of adding onto some -- all the comments that have been said before. Traffic that's been said a lot. Yeah, there is traffic. The big thing about traffic is the type of traffic, not the quantity of traffic I think people are concerned about. The initial briefing talked about -- my concern is the compatibility of this plan with the -- with the subdivision. The initial briefing talked about there is a considerable amount of storage that exists -- or storage requirement. I think that there is probably a considerable amount of storage already available in the Meridian area and I'm -- that's just an off-the-cuff comment from there. We talked about signage and the security of the facility. On the display there was no indication of signage on -- on the building that they -- on the drawings that they showed. Security of the building -- security being -- security system of the Republic area, my thought there is the Republic areas that I'm familiar with when I drive up and down Chinden have concertina wire around them and -- and the view there and that just, in my mind, just does not fit in with the atmosphere with the environment that we are in here. That step may or may not be what is envisioned with this development -- with this plan, but that's what's in my mind from driving up and down and seeing the other Republic Storage area. So, lastly, if there is not really enough demand to fill up the current C-N storage, one option -- possible option would be to explain the residential option and put in something like patio homes or something along those lines for -- to complete that development area. Thank you. De Weerd: Thank you. Okay. Any further testimony? Oh. Mr. Turnbull. Turnbull: Madam Mayor, Members of the Council, I generally endeavor to stay out of applications by other developers. Oftentimes it's nonproductive or counterproductive. I mostly came here and to the Planning and Zoning Commission meeting to defend my reputation, if necessary. Now, I would say I have known Doug Carnahan for a number of years. He used to be a tenant in one of my buildings when he was turning out lots of laser Meridian City Council April 7, 2015 Page 62 of 76 printers and so forth at HP and Gary Allen is a pretty decent attorney. He actually represents us in a lot of applications and he -- Rountree: But he is an attorney. Turnbull: He's a very fine attorney. You know, when -- I will just -- the reason I have come here is because when this application first hit the -- you know, the neighborhood meetings we got a tremendous number of calls. You know, Brighton, along with Chris Anderson, we are the -- basically, the board of the homeowners association and the homeowners wanted us to take a position. As I stated previously we find it sort of counterproductive to do that as a developer, so we just yielded that to the advisory committee, which we formed. Now, we keep control of our subdivisions until we are done with them and oftentimes maintain them after the fact on benefit -- for the benefit of the homeowners, because we think we do a pretty good job of that. But left that to the advisory committee and what they have organized here is what you have seen is a result of that and so I was warned, though, that many people were upset with us, because they thought that we owned that property, that we had something to do with the application, and as much as we tried to dispel those rumors it didn't seem to work, but -- so, I just came here more or less to defend myself if somebody blamed us for whatever and I didn't hear any of that and, actually, what I heard was I think we have been doing a pretty good job. But, then, Gary Allen introduced a letter for Peter Oliver, who used to be a partner of mine, talking about the comparison between Paramount and this application. We did do a storage unit in Paramount. It's about half this size. Paramount is roughly four or five times the size of Spurwing Greens. There is no outdoor storage. It is in a C-G zone. It didn't require a rezone. It shares a commercial collector access and so, you know, as much as you want -- if you want to bring those comparisons in they are really not applicable. It's an inept comparison. I'm not able to comment on this particular application, but that's just -- I just didn't want that comparison to stand. I think that -- then one of the residents got up and compared Spurwing Greens to Paramount and saying one is better than the other. I think they are both great. Paramount is a different type of community. Totally different type of community. W e recognize that. We marketed it as such. It happens to be the best selling community in Idaho and we are pretty proud of that. So, that's all I had to say. I just wanted to clarify that for the record if you have any questions I would be happy to answer them as well. De Weerd: Good timing on that. Rountree: Thank you, David. De Weerd: Any comments? Cavener: Just maybe a quick question and maybe this is a better question for the advisory committee, but in -- in Spurwing Greens, the CC&Rs, does it specifically ban recreation vehicles, trailers with four wheelers or snowmobiles, those types of things? Meridian City Council April 7, 2015 Page 63 of 76 Turnbull: There are limitations on what you park, where you can park, what kind of garages you can have. You have probably seen other neighborhoods in the area that have turned big overwhelming RV garages on small lots. I call them quasi-residential industrial zones. You know, they -- they start to look awful and we -- we are very, very , very careful with our architectural control. You know, we do allow some larger doors that maybe you could pull a boat into, but you're required to park your vehicles in the garage. You're not supposed to use your garages for storage that would prevent you from parking the number of vehicles you plan to keep. So, we have marked this as a country club neighborhood. That's what it is. All of our residents pay into lifestyle membership for the country club and -- so, anyway, I'm not here to comment specifically on that, but -- Cavener: Appreciate your clarification on that. Thank you. De Weerd: Thank you. Lynn Southam. Southam: Madam Mayor, Council Members, my name is Lynn Southam. I live at 6408 North Salvia Way, Spurwing Greens. We moved here a year ago with my wife. We had been attracted here like approximately 60 to 65 percent of the people in that development from out of state, because this place is known out of state for what is it. Meridian is an exemplary community and this particular area is premium. It is special. Most of us have not had houses like this until we have been able to retire and put things together and we simply want you to protect what we have worked for all of our lives and what was represented to us. There was representation made by counsel today about a number of things. I'm also an attorney. I'm retired. So, there is a doctrine called burden of proof and there is also something that happens in the law where straw men are set up and all of these irrelevant things get thrown at us that hopefully will take us away from the real issues. I will simply say that if we make the wrong assumptions we will come to the wrong conclusions. Therefore, I'm going to go very quickly -- and I hope you can bear with me. We were told that after the last hearing before the Planning and Zoning Committee there was a traffic study done by Thompson Engineering. If you look at that it was dated a month before that hearing ever took place. It doesn't give any specifics as to what actual traffic count is, it simply uses the word estimate. It is not fact. Secondly, the artwork that was presented by counsel showing what these units look like, did not show any of the large signs that you will see in the photographs that are here for Republic Storage, nor does it show the end of the buildings with the huge Republic Storage signs on them. Furthermore, when you look at the trees -- someone has already mentioned them. It shows them fully grown. Well, they are not fully grown. And, frankly, the leaves that you see on them are not going to be there six months out of the year. You know what happens here when the cold weather comes. People driving up and down Chinden will see those units and when you look at the artwork you don't see the side view, you see the end views. But if you look at the photographs that have been given to you, you will see what those buildings look like. Republic Storage facilities are Republic Storage facilities regardless of what they are made of in terms of the color of the metal. I would also like to suggest to you that the zoning is something that all of us have relied upon. You have relied upon it. Mr. Carnahan has. He knew what it was. This is not anything new to him that this is C-N. Why would he think to change it now? None of us have asked to change Meridian City Council April 7, 2015 Page 64 of 76 it. So, let's play the democratic process and take a vote. I will just ask those who are here who are against -- De Weerd: No. Please don't. Southam: You can't do that? Well, let me illustrate it for you, then. De Weerd: We already got the hint. Southam: Okay. There is 300 people who have signed a petition against this. There is one man who says do this. That has to count for something. I would suggest to you that if we wanted to have an industrial facility in our neighborhood we would have moved to that kind of neighborhood. I would suggest to you a rhetorical question, which we do in the law. How many of you would buy a home next to an industrial storage facility? I would suggest, as I get ready to close here, then, that there are some things that we would hope that you would suggest. When you look at those drawings and the artwork, the scale of the fence is not in proportion to the actual size of the buildings. That's a little bit of a disillusionment on my part to see that. Also we were told that six of the lots were sold for full value. Yeah. They were sold to a builder, not to private landowners. Not to people building their own homes. Put all of it in perspective, make the right assumptions, come to the right conclusions, deny the petition. Thank you. De Weerd: Thank you. Okay. Mr. Allen, are you going to wrap this up or Mr. Carnahan? Yes. Allen: Thank you, Madam Mayor, Members of the Council. Gary Allen. 601 West Bannock in Boise. One thing is very clear from tonight's testimony and that's that the people who live in Spurwing Greens love their neighborhood and that -- that's a great thing and that's -- that's important and that's the basis for a quality community. So, we appreciate that and we want to remind everyone that Mr. Carnahan has a property right next to the -- that he's operated a wholesale -- a business there for over 30 years. So, he in invested in this neighborhood as well. So, this isn't just a -- you know, this is -- this is a bunch of people who all care about this neighborhood and they are trying to do the best thing for it. Yes, Tree Farm had a nice commercial node that was set forth for this area. Well, what's very clear now is that, you know, with that and other things that are available along Chinden, there is too much commercial property. So, you know, Mr. Oliver's opinion -- and we have no reason to doubt this -- is that there is no reasonable basis to think that you're going to be able to fill up all of that commercial property with the type of uses that people would like to see. It would be much more lucrative for Mr. Carnahan if he could put the type of office and commercial buildings that the neighbors were showing in this development and fill that entire 16 acres with it. But that's simply not -- not realistic at this point. So, what do you do at that point? Can you put in residential in an area like that? Well, I think that, you know, what anybody will tell you is the closer you get to a road like Chinden the more difficult it's going to be for -- to put in residential properties, the less they are going to be worth, the more they are going be a problem for the neighborhood. So, that's not a viable option and that is why you had a buffer area along Chinden in the Meridian City Council April 7, 2015 Page 65 of 76 original plan. So, it still comes back to what do you do and the only thing that we have found that is a viable use there is the storage use and we recognize that's not a desirable use from the standpoint of this neighborhood. But if you look at that site plan it is almost one hundred percent blocked from the neighborhood. So, it's behind all of those acres of R-15 development, behind five acres of commercial development. The only thing you see is a well landscaped entrance with a home and a gate and -- you know. So, we think that that's gone an awfully long ways to -- to limiting those -- those visual concerns that people have. Otherwise, what we heard over and over again from the neighbors is simply, you know, there is a taint with this use. They have bad perceptions in their minds about -- about what storage units are like and, you know, what Republic plans to do here and what they have done in other places is -- obviously, you have to hit the highest level you possibly can with a storage facility here. So, it's a very high quality design. It's -- you know, the best, you know, type of building materials and things that you can do with this type of facility and the best safety -- the best safety practices that you can possibly use. So, they know that the bar has to be high and I think this one of those things that once it goes in it's -- it's, essentially, going to disappear within this neighborhood. It's a tiny little entrance within here and, you know, I think that it's -- it's something -- it's one of those things that everybody is thinking about it now, because we are talking about it, but if you're living with it we don't think that they are going to see it. You know, you hear a traffic count of possibly as low as 40 something trips a day is what Republic is experiencing in their facilities. Even if those are trucks they are -- you know, that's a few trucks an hour -- or a few trips an hour and, you know, I'm sure some of them are trucks. There would be RV storage and things in here, but that's not the bulk of what's happening. A lot of people are just coming in in their regular vehicles, like anything else. So, again, the question to you tonight is what's going to fill that hole if it's not going to be a storage facility? I think you're going to be waiting a while to come back for this piece of property or you could have it productively on the tax rolls and performing a useful service for you community. So, I don't want to take up anymore time than that. I want to save a little time for Doug. So, Doug, do you have a few things to say? Carnahan: Again, my name is Doug Carnahan and I live at 7270 North Tree Haven Place. I just made a lot of little notes that are just kind of small things and, then, I will say big things about the use. These are going to be real quick. There is a severe compliance problem with parking in driveways in the community and storage is a need. People laughed about club access. I confirmed with the club every one of those members has the code who can get in. If they can ever get connected into the remote they have access. I don't know why they see it as an issue. The one gate opens automatically and they can use it. I'm confused about that one. The six lots were not all sold to builders. So, these are kind of small ones. But let's talk about the use for a minute. That's my -- my issue. And in all fairness, we did talk about use with the homeowners and they said residential. They also said commercial would be good uses. So, if we took half of that and let's say could make half of it commercial and half of it residential, there might be a plan that works like that. All I want to make sure people do understand, because we will probably end up having a discussion like this again. We could put -- it's R-15. We could put multiple hundreds of homes in that area and that -- that would be the outcome. We did this plan because it met some of these other goals of demand and the traffic problem. Meridian City Council April 7, 2015 Page 66 of 76 So, that's the thing that we are having to face off with and we could do it. We would probably make more money selling it that way than selling it as a storage facility. But, you know, it's -- that's the issue we are going to be faced with. All right. Any other questions for me? De Weerd: Council -- is -- Allen: I don't have anything to add. De Weerd: Okay. Council, do you have any questions for -- for Mr. Carnahan and Mr. Allen? Bird: I have none. De Weerd: Thank you. Carnahan: Thank you. De Weerd: Okay. Council, any further questions for any of those that testified, the staff, or the applicant? Rountree: Madam Mayor, just to kind of go back in history, because we have had a lot of history tonight, so -- that's the one right there. When this whole area came to us it was conceptual. It was a bubble plan. It was kind of a first for the Council and we were uneasy with it, because of the possibility of -- for lack of a better term -- bait and switch. But we went with it and as the property was slowly annexed into the city you got -- what the next slide will show, the zoning that actually occurred and in both of these it went through a public process and it's always been conceptual in that area, that piece of property, is going to be good for the community and that question was asked of me, what's going to be good for the community? This has been through a public process several times and the community, the applicant, the owners -- yeah, commercial neighborhood. That's going to be good for the community. That's what it is. That's what it is today. I do not see that the request to change the zoning to C-C to accommodate this particular application is necessarily the best for the community. Obviously the neighbors don't believe so. There is 300 and some customers that may or may not use this facility if it were to -- to go in, so I'm not sure who that's going to be best for. So, that's kind of where I am. There has been a lot of reasons generated for -- for not doing this, but in my mind my position is we have lived through this process to get where we are a number of years and a number of times and the opportunity to say that's going to be a high rise motel or whatever have past. The storage units, that's past. I personally believe that the C-N is probably a good zoning. I don't believe up scaling it or downscaling it, however you want to look at a C-C, is going to -- to make it better for the community. So, that's where I am. De Weerd: Mr. Zaremba. Zaremba: Madam Mayor, if I may -- if I may turn my microphone on. Meridian City Council April 7, 2015 Page 67 of 76 Rountree: Please do. Zaremba: Thank you, Madam Mayor. One of the parts of our job is managing expectations and there are expectations about neighborhoods when people move into them and I ask myself is there a difference between this and the application before us that you all sat through as well. If those people did their due diligence they learned what the zones -- the part of the application that was before us wasn't really changing the zones, it changed the shape of the two zones that already existed, but anybody that did their due diligence could have known what was intended for that corner and our agreement that the shapes of those two zones could change didn't really change the nature of that area. I see this application as different. As Councilman Rountree pointed out, we have been through this many times and C-N seems to be the appropriate thing for this area. Those of you who did your due diligence before you bought your property expected that to be a C-N. Now, what can go into a C-N varies and I don't think the city has a problem with what can go into C-N. You all have said by buying property there that you don't have a problem with what could go into C-N and I do see the difference between -- they are both called a rezone, but this is a change of zone, as opposed to a reordering of it and my opinion would be that I don't support the rezone. De Weerd: Any other comments from Council? Cavener: I will be brief, because I know the night is getting long. This is -- this is -- to quote my grandpa, it's been a real humdinger for me, you know. I respect, you know, property owner's rights and I also respect -- quite frankly, you know -- somebody asked the question would you want this next to your home. Personally, I wouldn't mind that. I think they have put together a great project, something that I think esthetically would look nice. The challenge for me is -- is what you as homeowners have said is important to you and your community, specifically related to safety and so you -- you sit here and you go back and forth and you don't want to paint with a brush broad strokes and for me the thing that I keep coming back to is that you as a community said that recreational vehicles, boats, four wheelers, those things are something that's part of our community, in part because of safety element and it's a challenge to open that Pandora's Box and say, well, it's okay if you participate in storing those products there and so I sit here and say, okay, I can see this side, I can see this side, and what I come to is -- and I think one of the -- I have heard from so many attorneys tonight my head is going to spin. But one of the attorneys talked about burden of proof and it's a challenge for me to say that there has been enough evidence shown that the benefits to make the change. You guys have demonstrated it is important to our community and you don't want it changed and -- well, I don't mind it. I respect you as residents say this is important to us. So, like the two Councilmen who much more eloquently spoke before me, I have to say I agree in denying of this. Rountree: And that is a humdinger. Meridian City Council April 7, 2015 Page 68 of 76 De Weerd: I was just going to say when you started with humdinger that that does set the tone. Rountree: That would be a first being a new Council person. De Weerd: I want to just make a remark. I agree with what the Council Member said that one of the things that disturbed me was Mr. Carnahan standing up and saying he had a target on his back. I can't think of -- of two people that are better than the Carnahans. They have been a valuable member of this community in getting trees to our parks and our golf course and supporting nonprofits and -- in fact, I think I went to their house when they opened it up to botanical garden tour and, you know, the visual -- I believe they could probably achieve that, because that's the kind of people they are. With that said, I disagree with Mr. Allen that it's going to disappear. It may disappear on the neighborhood side when you put stuff in front of, but you drive by it to get into a subdivision every time and I agree with the neighbors, this is a premier neighborhood. The same thing that the Carnahans had a vision for -- they were part of Tree Farm, they have been a part of Spurwing Greens. They want what's best for this community as well. Different visions. The neighbors did their homework. I agree with -- is it the best use, no. Is it compatible? Not for the premier community that it is. Does that mean that storage units don't belong near subdivisions? I don't agree with that. We do have it by subdivisions, but they generally are before the homes so they know what they are buying by and they buy it because that's important to them. They can store their toys and have the confidence of it being well kept. I also liked what was -- was said that it's not necessarily the traffic, it's the wrong kind of traffic and when someone mentioned that in order for the -- the boats or the RVs to make that corner and that -- you might have to go around and come back, that made sense. That would have disturbed me, too. I just want to tell the Carnahans you do not have a target on your back. You had neighbors that disagreed with this development and that's when the emotion comes in and I don't think that -- we hear emotion almost every week. We look for the right arguments and you have had very solid arguments that I think has convinced this Council up here and we appreciate that for the most part you have been well respectable and behaved. But I just think that we will find the right thing and I encourage you, Doug and Meredith, to work with your neighbors and find what can benefit you and the community as a whole and I just want to thank you for your involvement in the community and your generosity and -- and whether you have a target or not, I still really like you. So, Council, any other discussion? If not, I would entertain a motion. Because I can't make it. Bird: We have got to close the public hearings. I will close the public hearings. De Weerd: I would entertain that motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Meridian City Council April 7, 2015 Page 69 of 76 Bird: I move we close the public hearings on RZ 15-003, PP 15-003, CUP 15-003, and MDA 15-001. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Items 9-F, G , H and I. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Rountree: Madam Mayor? Bird: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I just had a question, Madam Mayor. Based on the anticipated motion that if -- if that's a denial, do -- is it moot for G, H and I or is there action required on those as well? Nary: Madam Mayor, Members of the Council, you still need to take action on the other three. The basis of those -- if there were to be a denial on Item F, the basis of denial on the other three is because you haven't granted the rezone. Rountree: Okay. Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we deny the request for the rezone in Item 9-F for RZ 15-003 based on the reasons stated by Council. Bird: Second. De Weerd: I have a motion and a second. I think there was a discussion -- probably Mr. Attorney has that basis. Okay. Any discussion? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Item 9-G. Rountree: Madam Mayor? Meridian City Council April 7, 2015 Page 70 of 76 De Weerd: Mr. Rountree. Rountree: I move that we do not approve the preliminary plat for Item 9-G, PP 15-003. Bird: Second. De Weerd: I have a motion and a second to deny Item 9-G. Any discussion from Council? Madam Clerk. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Item 9-H. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we do not approve the conditional use permit PP -- or 15-003. Bird: Second. De Weerd: I have a motion and a second to do not approve -- Rountree: Yes. De Weerd: -- 9-H. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: 9-I. Rountree: 9-I. Madam Mayor, I move that we do not approve the requested amended development agreement, 15-001. Bird: Second. De Weerd: I have a motion and a second to deny Item 9-I. Madam Clerk. Meridian City Council April 7, 2015 Page 71 of 76 Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: Thank you all. Item 10-A is under Department Reports. I will turn this over -- Caleb, why don't we just take a quick break and -- I won't recess this, but I'm just going to -- (Pause.) Item 10: Department Reports A. Community Development: Review and Approve City Roadway, Intersection and Community Program Project Priorities for 2015 De Weerd: Okay. Item 10-A. I will -- I will turn this over to Caleb. Hood: Thank you, Madam Mayor, Members of the Council. This item has actually been moved to this -- this agenda item. We discussed on March 17th the city's priority project lists for 2015. At -- near the end of that meeting on the 17th it was requested that I put together a draft cover letter or our priorities, as well as the top 15, top 20 project rankings. So, you have not seen the top 20 -- top 15 yet. It's actually 15 and, then, there is the next roadways, the next five intersections, if you would want to change these, but as we discussed last time, it's the top ten, the 15 projects, that really carry any points or weight with ACHD in their prioritization process. So, these are the most important ones. In the packet you also have, again, the cover letter and all of the lists that we discussed -- what was that, three weeks ago. The only change I have made to the list thus far -- and I didn't really receive much feedback last time, so if there is any other changes, please, share them. Just as a quick refresher -- I can't remember if Councilman Borton was here last time or not. It seems like we had somebody absent anyways. But the yellow highlighted projects are projects that either moved up or down five position points from last year that you all approved at the recommendation of the transportation commission. So, on the far left-hand column is their rank. The only change I have made was -- I heard from the Mayor last time about the Rail With Trail project. She didn't give me an exact number, but commented it was somewhere around 20. She asked that it be moved up. I moved it up to five and, in fact, I just flip-flopped it with another project, the Locust Grove, McMillan to Chinden, project. This one is a pretty small project. It is under construction. We are actually working with ACHD right now on their project team, setting design -- it will probably move forward. I think moving it back ten or 15 spots isn't going to hurt it any. It will probably move forward again. It's only a couple hundred feet of sidewalk. An important project still, but just for simplicity, it was pretty easy for me to just flip-flop them. So, other than that, the lists are, again, what you have seen before. I'm not going to read the letter to you, but on the second page of my memo in the packet is the letter. I did Meridian City Council April 7, 2015 Page 72 of 76 discuss briefly today with Councilman Rountree some changes potentially to paragraph four. I'd like to just read to you what I drafted over the past three and a half, four hours, or however long we have been here not -- as a change to that paragraph four. This really was an effort in anticipation of the joint meeting today with ACHD. It talks about engaging VRT, ITD, and the other cities within Ada county to talk about things like public transportation, state highways, and not maybe overbuilding the -- I will try to get it, so that you can read that entire paragraph. To work with ITD so they don't -- ACHD doesn't overload their portion of the network, because ITD was failing to do some of their improvements, Chinden was an example we even talked about during the Paramount. ACHD may overreact on McMillan and, then, Chinden gets widened and maybe you don't need to make McMillan seven lanes. So, I have really paired that down, again, at the direction of Councilman Rountree and I would just like to read to you to replace with what you see on the screen now as -- as a follow up instinct we are meeting with the council and myself. This is in the Mayor's voice. On April 7th. We encourage you to continue the dialogue about potential partnerships with other agencies, particularly VRT, ITD, and the cities within Ada county. And it just -- it ends with the transportation network is not made up solely of ACHD roadways, so, please, let us know how we can support you in having a dialogue with these agencies and the other cities. Please come forward. It takes all of that and makes it two sentences. Again, kind of a thank you for meeting with us today and it doesn't say anything here that was really talked about today. So, that's -- that's what I heard. So, I can give it to the Mayor to review and edit. If the Council is comfortable with that -- this version. But I stand before you now to seek your approval of the priorities for 2015. Oh. One more thing. Since Brian made the map for me, I would be remiss if I didn't at least put it up. Last year you all requested a visual of how the projects lay out around our city and area of impact. So, this is updated for this year with roadway and intersection priorities. The bigger the box you will circle the higher the number priority rank. So, you can see 26 is smaller than a four. So, one through five is a certain diameter, five through ten, 11 through 15 and so on and so forth. So, this is kind of what that -- in visual form what our priority list looks like and I will let you take that in for a minute, because this is -- you don't have this in your packet. But, again, Madam Mayor, not a lot has changed since we talked about this three weeks earlier. I hope you have all had a chance to look at the list and I am ready with my pen if we need to change anything, so -- De Weerd: Thank you, Caleb. And I love the visual, so let's make sure to have that next year -- Hood: We will keep on doing that. De Weerd: -- as we are looking at the list, because this makes it make a lot more sense. Council, any questions or comments? Changes needed? Bird: I have none. Rountree: I'm okay with the changes and -- Meridian City Council April 7, 2015 Page 73 of 76 De Weerd: Yes. Bird: I am, too. Yeah. Go for it. Rountree: Joe was not there today, but it was a good session with ACHD. We talked about partnerships, being involved in the railroads -- De Weerd: Is your mike on? Rountree: It should be. Okay. And getting those relationships started moving forward and they were receptive to that. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I think another thing that we -- I took away from today was we need to make sure that we get with ITD, ACHD, ourselves, and not let Linder overpass fall under the -- it took us -- with Locust Grove it took us about two -- two years to get that going, because the ITD usually goes and gets federal money and you have that deal, but I think -- I think that's one of the major items that we need for our transportation in this city is -- and, then, we are done with overpasses and, then, when they get the interchange at McDermott we are done. So, I think it's something that we need to just get a -- not let it fall through the cracks and I think ACHD was very receptive to that, too. I liked their attitude today. Rountree: Yeah. De Weerd: Okay. Well, we will move forward and -- with the letter and the list as is and appreciate all your work and thank Brian for the visual. Okay? Item 11: Ordinances A. Ordinance No. 15-1640: Repealing And Replacing Meridian City Code Section 3-1-2, Regarding Authorization Of FBI National Criminal History Records Checks De Weerd: Item 11-A is Ordinance 15-1640. Madam Clerk, will you, please, read this by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1640, an ordinance repealing and replacing Meridian City Code Section 3-1-2 regarding authorization of FBI National Criminal History record checks, adopting a savings clause, and providing an effective date. De Weerd: You have heard this read by title. No one is here, so do I have a motion? Meridian City Council April 7, 2015 Page 74 of 76 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 15-1640 with suspension of rules. Rountree: Second. De Weerd: You're not no one, but -- Bird: I know the lieutenant didn't want it read. He didn't want to read it. De Weerd: Madam Clerk, will you, please, call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. B. Ordinance No. 15-1641: An Ordinance (AZ 14-015) for the Annexation and Rezone of a Parcel of Land Being a Portion of the N 1/2 of the SW 1/4 of the NW 1/4 of Section 5, Township 3 South, Range 1 East, Ada County, Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8 and Providing an Effective Date De Weerd: I didn't mean no one was here, just no one from the public. Okay. 11-B is Ordinance 15-1641. Madam Clerk, will you, please, read this by title. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 15-1641, an ordinance AZ 14-015, Granton Square for annexation and rezone of a parcel of land being a portion of the north one half of the southwest one quarter of the northwest one quarter of Section 5, Township 3 North, Range 1 East, Ada county, Idaho, as described in Attachment A and annexing certain lands and territories situated in Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of said lands from RUT to R-8, medium density residential district in the Meridian City Code, provided that copies of this ordinance shall be filed with the Ada county assessor, the Ada county recorder and the Idaho State Tax Commission as required by law and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: You have heard this read by title. Council, do I have a motion to approve? Meridian City Council April 7, 2015 Page 75 of 76 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Ordinance No. 15-1641 with suspension of rules. Rountree: Second. De Weerd: I have a motion and a second to approve Item 11-B. Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, absent; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: FIVE AYES. ONE ABSENT. Item 12: Future Meeting Topics De Weerd: Under Item 12, Council, any agenda items for future meetings? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Does everybody know that tomorrow's meeting with Ada County Commissioners has been canceled? Bird: Yeah. Zaremba: Okay. I was the last to learn that. De Weerd: Well, you know, save the best for last. Zaremba: Okay. De Weerd: Do I have motion to adjourn into Executive Session? Bird: Madam Mayor? Borton: Madam Mayor? Bird: Go ahead, Joseph. Changes to Agenda: Item #9C, D, E: Paramount Southeast (RZ-15.001; PP -15.002; CUP -15-002) Application(s): ➢ Rezone ➢ Preliminary Plat ➢ Conditional Use Permit Size of property, existing zoning, and location: This site consists of 36 acres of land, currently zoned R-40 & C -G, located at the NWC of N. Meridian & W. McMillan Roads. History: This property was annexed into the City in 2003 and was included in the preliminary plat and planned development (PD) for Paramount Subdivision. The concept plan approved with the PD included multi -family & commercial uses on this site. A detailed CUP was required prior to any development on the multi -family portion of the site. FLUM Designation: HDR & Commercial Summary of Request: RZ: The applicant requests approval of a rezone of 5.05 acres from C -G to R-40 & 3.37 acres from R-40 to C -G, increasing the R-40 area by 1.68 acres. A site plan was submitted showing how the site is proposed to develop with a multi -family residential development & commercial lots. The applicant states that the northeast 6 commercial lots may develop with MFR uses in the future if market demand is insufficient to consume the available commercial property at the corner. In this case, a new CUP would be required for a multi -family development on that portion of the site. Staff is not recommending a new DA or amendment to the existing DA with the rezone as the proposed development is consistent with the previously approved concept plan. PP: A 28 lot preliminary plat is proposed consisting of 1 building lot and 5 common lots in the R-40 district & 22 building lots in the C -G district on 36.04 acres of land. All of the lots comply with the dimensional standards of the applicable zone. Landscaped street buffers are required along all collector & arterial streets; and along local streets within the C -G district. Four public street accesses are proposed for this development; 2 via W. McMillan & 2 via N. Meridian Roads, both arterial streets. Additionally, two driveway accesses are proposed;1 via McMillan between Meridian & Motion Picture Drive & 1 via Meridian Road between Studio Drive & W. McMillan Road — these driveways are restricted to right-in/right-out. Because the UDC limits access points to arterial streets in an effort to improve safety, staff recommends access to the site is limited to the public street accesses & the driveway accesses are removed. Approval of the accesses as proposed requires City Council approval of a waiver to UDC 11-3A-3. AND did deem the proposed layout will provide a good split of vehicular traffic in all directions within this development and approved the access points as proposed by the applicant. ACHD did not require a TIS for this development as they reviewed and approved this site in 2003 as part of the original Paramount preliminary plat & planned development & the proposed density is substantially the same. There are 3 existing stub streets from Cedarcreek & Paramount Subdivisions to this site that will be extended & connect to Studio Drive. A detached sidewalk exists along the entire frontage of N. Meridian Road and along a portion of the W. McMillan Road frontage; the remainder of the sidewalk along McMillan is required to be constructed with the 1sL phase of development. Detached sidewalks are also proposed along the public streets within the development. CUP: A CUP is requested for a multi -family development in an R-40 zoning district as required by the UDC and the previously approved PD. The development is proposed to consist of a total of 280 dwelling units within (4) 2 -story 16-plex structures fronting on a pedestrian corridor at the center of the project; and (9) 3 -story 24-plex structures containing a mix of 1, 2, and 3 bedroom units. The previously approved PD for Paramount anticipated a total of 270 apartment units at a density of 18 units per acre; the reconfigured R- 40 area with 280 units results in a comparable density of 17.9 units per acre. The applicant is required to comply with the specific use standards for multi -family developments listed in the UDC which include requirements for private useable open space, common open space & site amenities. Building elevations were submitted for the 2 & 3 story multi -family structures and the garages as shown. Building materials are proposed to consist of a mix of horizontal & vertical siding with stone accents. Final approval will take place with the Certificate of Zoning Compliance & Design Review application. Staff finds the proposed development is consistent with the PD approved for this site, the zoning and Comprehensive Plan Commission Recommendation: Approval Summary of Commission Public Hearing: i. In favor: Mike Wardle ii. In opposition: Jennie Withers; Brian Heffley iii. Commenting: None iv. Written testimony: Mike Wardle; Dr. Linda Clerk; Brenda Duggan; Ken Swanson; Wendy Ann Trent Key Issue(s) of Discussion by Commission: L General consensus that the applicant has been responsive to neighborhood concerns and made changes to the plans accordingly that have enhanced the project; ii. Support of the applicant's request for a waiver to UDC 11-3A-3 for access to allow all of the driveways shown on the site plan. Key Commission Change(s) to Staff Recommendation: None Outstanding Issue(s) for City Council: The applicant requests a waiver to UDC 11-3A-3 for access to allow all of the driveways shown on the site plan. Written Testimony since Commission Hearing: Kerri Carmouche; Bob Cooper; Brian Heffley; Frank Brannon; Michael Arnold; Chris LaPeters; Greg Reynolds; Erin & Drew Ebright; Sally Reynolds; Alan Riddle; Kerry Payton-Jenkins; Cheryl Tenbrink; Becky & Erik Phillips; Carol & Joe Davis; Lisa Wood; Wendy McKinney — all of which are concerned w/traffic & request a new TIS to replace the one done in 2003 w/the original Paramount development; and a letter from ACHD in response to the request for a new TIS. In short, ACHD did not require a new TIS as the proposed development substantially complies with the concept plan and density approved for this site in 2003. Notes: Item #9F, G, H & I: Jayker Village (RZ-15-003; PP -15-003; CUP -15.003; MDA -15.001) Application(s): ➢ Rezone, Preliminary Plat, Conditional Use Permit, Development Agreement Modification and Alternative Compliance Size of property, existing zoning, and location: This site consists of 26.09 acres of land, is currently zoned C -N and R-15, and is located on the north side of Chinden Boulevard; west of N. Tree Farm Way and N. Tree Haven Way. Adjacent Land Use & Zoning: The area is primarily developed with vacant and developed single family residential. History: In 2006, the property received annexation and conceptual approval to develop a mixed use community consisting of single family residential, townhomes, multi -family and neighborhood commercial known as Tree Farm. A DA was required with the annexation of the property and several addendums to the original DA have been approved that govern the property. Summary of Request: The applicant has applied for a rezone (RZ) of approximately 26.09 acres of land from the R-15 and C -N zoning districts to the R-15 (8.48 acres) and C -C (17.61 acres) zoning districts; a preliminary plat (PP) consisting of 1 residential lot, 3 commercial lots and 3 common lots on approximately 23.59 acres; a conditional use permit (CUP) to construct and operate a self- service storage facility consisting of fifteen (15) storage buildings and an office building with a caretakers unit on approximately 11.18 acres in a proposed C -C zoning district; a development agreement modification (MDA) to exclude the proposed C -C zoning boundary from the existing development agreement and enter into a new DA for the purpose of attaching a new concept plan and new provisions relevant to the proposed development; and alternative compliance (ALT) to deviate from the landscape buffer requirements adjacent to streets and the parking standards for the proposed self-service storage facility. Preliminary Plat: The proposed preliminary plat consists of one residential lot, three (3) commercial lots and 3 common lots on approximately 23.59 acres of land in a proposed C -C and R-15 zoning districts. The residential lot is being platted as a single 6.41 acre parcel and may be further subdivided in the future. The three (3) commercial lots range in size between 1.42 acres and 11.18 acres. On Lot 2, Block 1, there are 2 existing buildings that will remain with the development. These buildings are currently occupied by multiple tenants without the approval from the City. The applicant has 90 days after the approval of the Findings to obtain final occupancy for those tenants operating from the existing buildings on Lot 2 and connect the buildings to city services. Concept Plan: Lot 3, Block 1 is not proposed for development at this time; however, the applicant has submitted a concept plan that depicts 3 commercial buildings ranging in size from 6,000 square feet up to 13,022 square feet respectively. Lot 4, Block 1 is proposed to develop with a large scale self-service storage facility. The lot will consist of 15 storage buildings ranging in various square footages and a single office building. Access: The primary access into the development is N. Tree Farm Way, via Chinden Boulevard. With earlier residential development this roadway was required to be constructed at the half mile mark in accord with the UDC and the recorded DA. Tree Haven Way was also constructed during the same time frame and provides the local street access to the proposed commercial development in accord with UDC 11-3A-3. Further, N. Tree Farm Way is designated a collector street, and is meant to serve as a backage road consistent with ACHD's MSM. With the proposed subdivision, the applicant is responsible for extending a portion of N. Tree Farm Way to the west boundary. This roadway will eventually be extended through the adjacent property and intersect with Black Cat Road. Landscape Plan: The UDC requires a 35 -foot wide landscape buffer adjacent to Chinden Boulevard, a 20 -foot wide landscape buffer adjacent to N. Tree Farm Way and a 10 -foot buffer adjacent to E. Tree Haven Way. The landscape buffer along the west side of N. Tree Farm Way and Lot 1, Block 1 was installed with previous development. The applicant is requesting the Council reduce the landscape buffer on the west boundary from 25 feet to 15 feet. Conditional Use Permit (CUP): The applicant has applied for a conditional use permit to develop the property with a self-service storage facility. The propose site plan depicts 15 storage buildings, totaling 181,700 square feet and a 1,574 square foot office building with a caretakers unit. The proposed development consists of two phases as follows: 1) First phase consists of 8 storage buildings and the office building and 2) Second phase consists of the remaining 7 storage buildings. Conceptual Building Elevations: The applicant has submitted sample elevations to depict the design of the commercial buildings proposed for Lot 3. The elevations proposed for Lot 3 incorporates glass storefronts, windows and trim, metal roofing, and two variations in wood siding (board and batten and horizontal lap siding). Future structures developed on Lot 3 lots must substantially comply with the submitted conceptual elevations. Self-service Storage Facility Elevations: The proposed self-service storage facility is required to comply with the design review standards set forth in UDC 11-3A-19 and the Meridian Design Manual. The applicant has submitted elevations for both the office and the storage buildings. The proposed building materials for the storage buildings is primarily metal siding with variation in earth tone colors, material orientation (horizontal and vertical metal siding) and the north and east perimeter structures incorporate a 4-foot tall split face block wainscot on the sides and the rear of the buildings (storage buildings #1, 13, 14 and 15). The office building incorporates stucco siding and stone wainscot to match the existing entry features and the pool facility building constructed within the adjacent residential subdivision. The elevations presented this evening incorporate a majority of the changes requested in the staff report except for the modifications requested by the applicant. Commission Recommendation: The Commission recommended denial at the March 51^ hearing. Summary of Commission Public Hearing: i. In favor: Doug Carnahan, Corral Larson and Barry Semple ii. In opposition: See below. iii. Commenting: Robert Neufeld, Travis Hawkes, Keith Allred, Helen Little, Jennifer Damiano, Don Lyman, Wendell Welch, Larry Gram, Steve and Janice Hubble, Karen and Le Dawson, Sue Fillman, Lynn Southham, Sharon Lee, Glen Humphries and Scott Lattimer (In opposition). iv. Written testimony: Barry Semple; response to the staff report, Simon and Barb Himelfarb (In Favor), Amethyst, Elsa and Ron Tagney, Shelly Lupher, Steve and Nancy Joyal, Rick and Susan Semba, Jack and Melinda Klure, Evonne Gram, Stan Armstrong, David Lehman, Elaine Taylor, Ellie Delucchi, Pam Baker, John Vrbanac, Ralph and Diane Grahek, and a petition with 238 signatures was submitted to the City in opposition of the project. Key Issue(s) of Discussion by Commission: i. Commercial traffic using a single access point from Chinden Boulevard. ii. Hours of operation for the commercial portion of the proposed development. iii. Rezoning the property to a more intense C-C zoning district to allow the proposed self-service storage facility. iv. The entrance of the proposed self-service facility in proximity with the pool facility on the north side of N. Tree Haven Way. v. Compatibility between the proposed self-service storage facility and the surrounding single family development. Outstanding Issue(s) for City Council: Staff recommends the Council modifies DA provision B. and require the future development on Lots 2, 3 and 4, Block 1 comply with the submitted concept plan, site plan, landscape plan and building elevations submitted with CUP 15-003 and RZ 15-003. Written Testimony since Commission Hearing: Petition and written testimony in opposition has been submitted by 308 residents. The applicant has submitted a response to the Commission Recommendation and has identified two (2) conditions of approval that he would like the Council to consider for modification if the Council votes favorably on the application: CUP condition 1b.- Staff has recommended that the landscape buffer on the perimeter be widened by 5 feet to accommodate the required trees. If the applicant can provide documentation from the irrigation district and plant the required trees within the irrigation easement, staff is amenable to change. CUP condition 4.c. - The condition requires solid gates at both entrances. If the applicant provides the solid wing fences at the entrance off of N. Tree Haven Way, staff is amenable with a wrought iron gate. Notes: Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: A. Proclamation for Parkinson's Awareness Month 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: April 7, 2015 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: A. Approve Minutes of March 24, 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: April 7, 2015 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: B. Approve Minutes of March 17, 2015 City Council PreCouncil 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: April 7, 2015 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: C. Approve Minutes of March 17, 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: April 7, 2015 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: D. Agreement to Accept Payment in Lieu of Installing Streetlights at Knighthill Subdivision MEETING NOTES i Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS AGREEMENT TO ACCEPT PAYMENT IN LIEU OF INSTALLING STREETLIGHTS AT KNIGHTHILL SUBDIVISION THIS AGREEMENT for streetlight installation, made this _/ day of 2015 between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Knighthill, LLC, 1676 N. Clarendon Way, Eagle, ID 83616 (hereinafter "Knighthill"). WHEREAS, Knighthill has received from City, conditional approval of the Final Plat for the Knighthill Subdivision, Case No. FP -14-020; and, WHEREAS, one of the General Requirements of City's approval of FP -14-020 is to install streetlights on all public roadways per the City of Meridian Improvement Standards for Street Lighting; and, WHEREAS, the Idaho Transportation Department is designing road widening improvement for this section of Chinden Blvd. and, Knighthill is currently unable to install the four required streetlights on Chinden Blvd. in a location where they will not need to be relocated during the road widening project ; and, WHEREAS, when this section of Chinden Blvd. is widened, City is willing to install the required streetlights if Knighthill has paid to City the estimated amount necessary to install the streetlights. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Knighthill shall pay to the City the amount of $11,860 as the amount necessary to supply, wire, and install four 250 Watt, high-pressure sodium Type -1, 30' streetlights with 8' arms. 2. City agrees to accept the amount set forth in Article 1 in lieu of requiring Knighthill to install the 30' streetlights on Chinden Blvd. in front of the Subdivision. 3. Upon payment of the amount in Article 1 by Knighthill to City, Knighthill's requirement to install the four 30' streetlights on Chinden Blvd. shall be considered satisfied. 4. This agreement shall be binding upon and inure to the benefit of the parties hereto and their heirs, successors and assigns, and shall survive any transfer by Knighthill of Knighthill Subdivision Property. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers the day and year first above written. KNIG I LC ITY OF ME _ -' By. By es R. Wylie I/ Manager Tammy eerd, Mayor Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6E PROJECT NUMBER: ITEM TITLE: E. Reimbursement Agreement Regarding the Landscape Design Services for Bellano Creek Neighborhood Park Between Coleman Homes, LLC and the City of Meridian for a Not -To -Exceed Amount of $23,387.50 MEETING NOTES V -0 -0 -Ai 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: April 7, 2015 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: F. Water Main Easement for Commercial Southwest Subdivision No. 2 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-028398 BOISE IDAHO Pgs=6 BONNIE 04/08/201510:35 AM MERIDIAN CITY NO FEE IIIIIII III I111111IIIIIIII11I111111111 III1 111111 III 00084140201500283980060068 WATER MAIN EASEMENT THIS INDENTURE, made this day of -Ap-j 205 between Brighton Investments LLC, an Idaho limited liability company, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a water main right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the water main is to be provided for through an underground pipeline to be constructed by others; and WHEREAS, it will be necessary to maintain, service and subsequently connect to said pipeline from time to time by the GRANTEE; NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS, and other good and valuable consideration, the GRANTORS do hereby give, grant and convey unto the GRANTEE the right-of-way for an easement over and across the following described property: (SEE ATTACHED EXHIBIT A and B) The easement hereby granted is for the purpose of construction and operation of a water line and their allied facilities, together with their maintenance, repair, replacement and subsequent connection at the convenience of the GRANTEE, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE, it's successors and assigns forever. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that after making repairs, performing maintenance, replacements or subsequent connections to the water mains, GRANTEE shall restore the area ofthe easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement EASMT WAT 1 I-15-13.doc THE GRANTORS hereby covenant and agree that they will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. THE GRANTORS hereby covenant and agree with the GRANTEE that should any part of the right-of-way and easement hereby granted shall become part of, or lie within the boundaries of any public street, then, to such extent, such right-of-way and easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and possessed of the aforementioned and described tract of land, and that they have a good and lawful right to convey said easement, and that they will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their signatures the day and year first herein above written. GRANTOR: Brighton Investm is LLC, an Idaho limited liability company By: David W. Turnbull, Managing Member 12601 W. Explorer Dr Ste 200 Boise ID 83714 STATE OF IDAHO ) : ss. County of Ada ) On this 1tay of March, 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared David W. Turnbull, known or identified to me to be the Managing Member, of the limited liability company that executed the within instrument, and acknowledged to me that such limited liability company executed the same. IN WITNESS WHEREOF, I have hereunto and year first above written. and affixed my official seal the day EASMT WAT 11-15-13.doc A A. HANKS NOTARY a Y E�'i BLICResiding LNO t?E IDAHOCommission Wat and affixed my official seal the day EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy I eerct, Mayor by Jbykee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) of r. �. 10!1410 SEF q �yti��e� rn �ns�P �� On this � Ah day day of 1�\ -- 20 I- , before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ,^ t.�1Jp�.•• all (SEA,) ; NOTARV PUBIL-ld FOR ' �� % ' Residing at: kJtAAA\Ay:) Commission Expires: �-.Yl Water Main Easement EASMT WAT 11-15-13.doc TEALEY'S LAND 12594 W. Explorer Drive, Suite 150 • Boise, Idaho 83713 SURVEYING (208) 385-0636 Fax (208) 385.0696 Project, No.: 3887 EXHIBIT "A" Date: March 18, 2015 Rev: 3/23/15 DESCRIPTION OF CITY OF MERIDIAN WATER EASEMENT FOR BRIGHTON INVESTMENTS, LLC EASEMENT "A" A parcel of land situated in Lot 2, Block 2 of Commercial Southwest Subdivision No. 2 as on file in Book 105 at Page 14310 in the Office of the Recorder for Ada County, Idaho, said parcel being located in the SW 1/4 of the SW 1/4 of Section 25, TAN., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southeast corner of Lot 1 of said Block 2; thence along the East lines of said Lot 1 and said Lot 2 North 00°24'56" East 140.00 feet to a point; thence leaving said East line at right angles North 89°35'04" West 2.50 feet to an angle point in the Westerly line of the sanitary sewer and water main easement filed under Inst. No. 113041514, said point being the POINT OF BEGINNING; thence along said Westerly line North 89035'04" West 30.00 feet to a point; thence leaving said Westerly line at right angles North 00°24'56: East 35.00 feet to a point; thence at right angles South 89°35'04" East 30.00 feet to a point on said Westerly line of the sanitary sewer and water main easement; thence along said Westerly line South 00°24'56" West 35.00 feet to the POINT OF BEGINNING, Said Parcel of Land Contains 1,050 Square Feet, more or less. Together with: EASEMENT "B" A parcel of land situated in Lots 1 and 2, Block 2 of Commercial Southwest Subdivision No. 2 as on file in Book 105 at Page 14310 in the Office of the Recorder for Ada County, Idaho, said parcel being located in the SW 1/4 of the SW 1/4 of Section 25, TAN., RAW., B.M., Meridian, Ada County, Idaho and more particularly described as follows: COMMENCING at the Southeast corner of said Lot 1; thence along the South line of said Lot 1 North 89035'04" West 34.50 feet to a point in the Westerly line of the sanitary sewer and water main easement filed under Inst. No. 113041514; thence along said Westerly line North 00°24'56" East 110.00 feet to a point; thence continuing W:\3887\Docs\Easements\3887-Water-Ease-Desc.docx — dnm Page 1 of 2 TEALEY'S LAND SURVEYING 12594 W. EXPLORER DR.,STE#150, BOISE, ID 83713'(208) 385-0636 Project No.: 3887 Page 2 of 2 Date: March 18, 2015 Rev: 3/23/15 North 89°35'04" West 23.00 feet to an angle point in said Westerly line, said point being the POINT OF BEGINNING; thence leaving said Westerly line at right angles South 00°24'56" West 14.00 feet to a point; thence at right angles North 89035'04" West 14.00 feet to a point; thence at right angles North 00024'56" East 29.00 feet to a point; thence at right angles South 89°35'04" East 14.00 feet to a point on said Westerly line of the sanitary sewer and water main easement; thence along said Westerly line South 00°24'56" West 15.00 feet to the POINT OF BEGINNING, Said Parcel of Land Contains 406 Square Feet, more or less. F----1 I —ew I PROPOSED PARCEL D EXHIBIT "B" CITY OF MERIDIAN WATER EASEMENTS FOR BRIGHTON INVESTMENTS, LLC SITUATED IN LOTS I AND 2, BLOCK 2, COMMERCIAL SOUTHWEST SUB. No. 2 A PORTION OF THE SW I/4 SW 1/4, SECTION 25, TAN., R.IW., B.M. MERIDIAN, ADA COUNTY, IDAHO PROPOSED ADJUSTED PROPERTY LINE WATER EASEMENT "B" 406 S.F. �\ 1 \ I 1 I I I I `I I In m I WATER EASEMENT "A" I 1,050 S.F. II I I. I 5 89°35'04" E m Z30.00. o P.O.B. EASE. "B" 0 Cm ma ` I N 89"35'04" W 0 j%' 2.50' S 89°35'04" E L ---z 14.00' 1 ow ety� I N 89°35'04" W 30.00' ---LOT LINE ________1_i i __ ___________ , m N 00°24'56" E _--_S 00°24'56" W 15.00' � 29.00' NE CORNER N 89°35'04" W to LOT 1, BLOC 23.00' 0 N N 89°35'04" W 14.00' P.O.B. I EASE. "B'I 14.00' 1 o S 00°24'56" W o ]� PROPOSED �I 1-- PARCEL C I I I z I I NI N I SANITARY SEWER & WATER MAIN EASE.. o INST. NO. 113041514 1 I zI I I SE CORNER LOT I, BLOC 34.50' i m iow iow inw iow iow iow iow row low N 89°35'04" W 257.04' i 0 20 40 80 1 SCALE IN FEET ° I" = 40' 3887—Water—Ease.dwg 03-23-15 17:21:48 dmarks REV: 3/23/15 Ease. B Far 1-1/2" Meler Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6G PROJECT NUMBER: ITEM TITLE: G. Approval of Award of Bid and Agreement to AME ELECTRIC, INC for the "LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION" project for a Not -To -Exceed amount of $100,000.00 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 Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Garrick Nelson, Clint Dolsby Date: 04/01/2015 Re: April 7t' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 7'h City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to AME ELECTRIC INC for the "LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION" oroiect for a Not -To - Exceed amount of $100 000.00 Recommended Council Action: Award of Bid and Approval of Agreement to AME ELECTRIC, INC for the Not -To -Exceed amount of $1000,000.00. Thank you for your consideration 0 Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION PROJECT # 10417.F1 THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 7th day of APRIL, 2015, 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 AME Electric. Inc, hereinafter referred to as "CONTRACTOR", whose business address is 3621 Arthur St, Caldwell, ID 83605 and whose Public Works Contractor License # is C -11544 -AA -4. INTRODUCTION Whereas, the City has a need for services involving LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION; 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, LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION page 1 of 11 Project 10417.1`1 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 under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request underthis 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 $100.000.00. 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. LANDING LIFT STATION SCADA UPGRADES -CONSTRUCTION page 2 of 11 Project 10417.F1 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 Upon receipt of a Notice to Proceed, the Contractor shall have 120 (one hundred twenty) calendar days to complete the work as described herein. Contractor has ten (10) calendar days from Notice of Award to notify City of any delays due to product availability. 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. 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. 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 LANDING LIFT STATION SCADA UPGRADES -CONSTRUCTION page 3 of 11 Project 10417.F1 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 minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION page 4 of 11 Project 10417.F1 ($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 LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION page 5 of 11 Project 10417.F1 Specifications & Drawings to the ISPWC, which by this reference are made apart 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 corrected will require an additional two acceptance of the corrected work. a warranty inspection and subsequently (2) year warranty from the date of City's 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: 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 AME ELECTRIC, INC Purchasing Manager Attn: Mike Tenhulzen 33 E Broadway Ave 3621 Arthur St Meridian, ID 83642 Caldwell, ID 83605 208-888-4433 Phone: 208-459-8959 Email: mikeCa)ameelectric.com Idaho Public Works License #C -11544 -AA -4 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. LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION page 6 of 11 Project 10417.F1 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 authorityto 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), if required, and will reimburse the City for fees, fines, or penalties City incurs due to Contractor's violation of any ACHD policy. City shall LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION page 7 of 11 Project 10417.F1 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 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. LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION page 8 of 11 Project 10417.1`1 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. CITY OF MERIDIAN TAMMY de D, MAYOR Dated: q -1 _ f Approved by AME ELECTRIC, INC.,J BY: .Q MIKE TENHULZEN, President Dated: 3/,? Ll / ) S L -4 c �' Cit" ,:f n PiF,i;g. Purchasing Ap roval Depart ent Ap r v BY: BY: KEITWWATTS, rc asing Manager WA EN STE RT, Engineering Manager Dated:: Project Manager Garrick Nelson Dated:: It LANDING LIFT STATION SCADA UPGRADES -CONSTRUCTION page 9 of 11 Project 10417.F1 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -15-10417.F1 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -15-10417.F1, are by this reference made a part hereof. LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION page 10 of 11 Project 10417Y1 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $100,000.00 -MILE Milestone 1 Substantial Completion 90 (ninety) days Milestone 2 Final Completion 120 (one hundred twenty) days PF�141NIUI.E Contract includes furnishing all labor, materials, equipment, and incidentals as required for the LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION per IFB PW -15-10417.F1 Total Bid Schedule 1 ...................$100,000.00 CONTRACT TOTAL ....................... 5100.000.00 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 Oty Unit Unit Price 1 Mobilization/Demobilization 1 LS $3,700.00 2 Instrumentation (Drawings /-1.1) Level transducer, floats and installation 1 LS $2,900.00 PLC Control Panel (Drawings 1-2.0 -1-2.3 and 1-3.0 - /-3.4) 3 PLC Control Panel including all power supplies, UPS's and 1 EA $65,000.00 installation labor 4 1 Electrical Equipment Drawing /-1.0 1 LS $27,000.00 5 Testing (Drawing /-0.00) — Testing of Control wiring. 1 LS $700.00 6 Other — Misc to include all misc. work not mentioned herein 1 LS $700.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. LANDING LIFT STATION SCADA UPGRADES - CONSTRUCTION page 11 of 11 Project 10417.F1 I -- J U) W w CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST Date: 2/19/2015 REQUESTING DEPARTMENT Public Works Fund: 60 Construction: Project Name: Project Manager: Department: 3500 GL Account: 94300 Project# 1041711 x PSA: Task Order: LANDING LIFT STATION SCADA UPGRADES GARRICK NELSON Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Will the project cross fiscal years? YES Department Representative: DC ENGINEERING/ AME ELECTRIC Contract Amount: $100,000.00 Yes No x 10 Day Waiting Period Complete: March 29, 2015 Date Award Posted: March 19, 2015 PW License# C11544 Current? (attach printout) Yes Corporation Status Goodstanding Insurance Certificates Received (Date): March 18, 2015 Rating: A++ Payment and Performance Bonds Received (Date): March 26, 2015 Rating: A Builders Risk Ins. Req'd: Yes No If yes, has policy been purchased? (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: April 1, 2015 Approved by Council Issue Purchase Order No. Date Issued: WI -15 submitted Issue Notice of Award: Date: NTP Date: (Onlyfor non Public Works Project) m a. dr dv ar ar .w an ow da do an ar as 0 o N o o O O O o O m m m 0 0 0 0 0 o m W m 0 0 0 0 0 0 0 0 0 0 0 0 0 o m o o n r r i H m N o r N N O O O O O O 01 )n m n o 0 0 0 o o n n r m q •M O C �M d� C ry 01 m N N N N N m r N ry N M m r� n O N O O ri O ei O O N N N l0 O N O O M rl \U fl O O O O 01 O 01 m C N N 01 T 0� N C t0 N m W N ry ry ry W 10 lD fl W m .-1 � rl O N O O O w O N o O O o m 0 0 0 w r n n r d� N m O W v C m N N N C M M M m N t0 N N m m m N m m m n N kO N M N rl p C C C ri N N N u W P. u . H o u u w m o V a ° W Ae ,rN' yroj rL ur o Nm O Ea E um ti ac N.oi 0roqu o v i �ro +' H qm v qa rro O N u u 0 0 a m o m o a ' nppE{ u N k W O N U.ui 0J0 ro H � .roi Cb UiN 41 m v0o o° ao �u a �H av �a� ao �u ma z a�w ap suu ua m H w wN Nu a w u A GGG q G qqG r r r r w ,v ti m 4 O O N fi 'i ri N 'i ri M Ca O O O O O O O O O M � O rl �-I fi 'i rl ri 'i r1 Vl T IDSOS Viewing Business Entity Page 1 of 2 IDAHO SECRETARY OF STATE Viewing Business Entity lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for A.M.E. ELECTRIC INC. ] [ Monitor A.M.E. ELECTRIC INC business filings ] A.M.E. ELECTRIC, INC. 3621 ARTHUR ST CALDWELL, ID 83605 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING State of Origin: IDAHO Date of 25 Mar 1988 Origination/Authorization: Current Registered Agent: JAMIE WINTERS 3621 ARTHUR STREET CALDWELL, ID 83605 Organizational ID / Filing C86242 Number: Number of Authorized Stock 10000 Shares: Date of Last Annual Report: 16 Jan 2015 Annual Report Due: Mar 2016 Original Filing: [ Help Me Print/View TIFF ] Filed 25 Mar 1988 INCORPORATION View Image (PDF format) View Image (TIFF format) Annual Reports: [ Help Me Print/View TIFF ] Report for year 2015 ANNUAL REPORT View Document Online 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 View Image (PDF format) View REPORT Image (TIFF format) Report for year 2007 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2006 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) http://www.accessidaho.org/public/sos/corp/C86242.html 3/18/2015 IDSOS Viewing Business Entity Page 2 of 2 Report for year 2005 ANNUAL View Image (PDF format) View REPORT Imaae (TIFF format) Report for year 2004 ANNUAL View Image PDF format View REPORT Image (TIFF format) Report for year 2003 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2002 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2001 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1999 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1998 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1997 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1996 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1995 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1994 ANNUAL View Image PDF format View REPORT Image (TIFF format) Report for year 1993 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1992 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1991 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1990 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1989 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 1988 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo(alsos.idaho.gov http://www.accessidaho.org/public/sos/corp/C86242.htm1 3/18/2015 I , a Prerhium: $1640.00 Bond No. IDC 44607 Document A312 TM -2010 RECEIVED Conforms with The American Institute of Architects AIA Document 312 MAR 2 6 2015 Performance Bond FINANCE DEPT CONTRACTOR: (Nance, legal status and address) AME Electric, Inc. 3621 Arthur St Caldwell, ID 83605 OWNER: (Name, legal stains and address) City of Meridian 33 East Broadway Avenue Meridian, ID 83642 CONSTRUCTION CONTRACT Date: April 7, 2015 Amount: $ 100,000.00 SURETY: (Nance, legal stains and principal place of business) Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, IA 50321-1158 Melling Address for Notices Merchants Bonding Company (Mutual) 2100 Fleur Drive, Des Moines, IA 50321-1158 Gu 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, One Hundred Thousand Dollars and 001100 Description: (Name and location) Landing Lift Station SCADA Upgrades - Construction. Project # 10417.F1 BOND Date: April 7, 2015 (Nat earlier Mac Consinrcrlon Contract Date) Amount: $100,000.00 One Hundred Thousand Dollars and 00/100 Modifications to this Bond: 0 None f -I Soo Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate S al) Company: (Capomte Seal) AME Electric, Inc. I / 7Merchants Bo9;lrti'�ompany (Mutual) Name mlcnael renNulzen / Kaympnll L VVOIre Name and Tide: l and Title: Attorney -in -Fact (Any additlanal sigrnanaes appear on the last page of this Peijonnance Bond.) (FOR INFO&VA1270MONLY —Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: The Hartwell Corporation (Architect, Engineer or odrerparry:) PO Box 400 Caldwell, ID 83606-0400 208-459-1678 S-1882/AS 8/10 § 1 The Contractor and Surety, jointly and severally, bind themselves, their helm, 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 performs the Construction Contract, the Surely and the Contractor shulI have no obligation under this Bond, cxccplwhen applicable to participate In a conference as provided in Section 3. § 3 if there is no OwnerDef Lull under the Cunstreclion Coutmet, the Surety's obligation under this Bond shall arise atter .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 perfmmancc. If the Owner docs 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 conference 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 Defaulg .2 the Owner declares a Contractor Deraull, terminates the Construction Contract and notions die Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the leans of the Construction Contract to the Surety or to a contractor selected to perform bre Construction Conlrael. § 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 Surety 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: § 6.1 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; § 6.3 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 the Ownces 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 w a result of the Contractor Default; or § 6.4 Waive its right to perfomr 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 Bable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owncr, or .2 Deny liability in whole or in part and notify die Owner, citing the reasons for denial. § 61f the Surely 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 die Surety proceeds as provided In Section 5A, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. S-1 852/AS 8I10 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greuter than those of the Contractor under the Construction Contract, and tho responsibilities of the Owner to the Surely shell not be greater than those of the Owstcrundcr 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 correct] - on of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay casts resulting from the Contractor's Default, and reselling from the actions or failure to act of die 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 I the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to (lie amount of this Bond § B The Surety shall not be liable to the Owner or others for obligations or the Contractor that are unrelated to the Construction Contract, and the Balance of the Conlmet Price shell 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 of time, to the Constmcdon Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legul or equitable, under this Bond may be Instituted In any court of competent jurisdiction in the location In which the work or pun of the work Is located and shall be instituted within two years after a declaration of Contractor Default or within two years after be Contractor ceased working or within two years after the Surety refuses or falls to perform Its obligations under this Bond, whichever occurs first. If the provisions ofthis Paragraph are vold or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurlsdlcdon of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which theirsignalure appears. § 13 When Oils Bond has been famished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any prevision in this Bond conflicting 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 berein. When so thmished, the intent is that this Bond shall be construed as a statutory bond and not as a common lulu bond. § 14 Definitions § 14.1 Balance of the Contract Price. Tho total amount payable by the Owner to die Contractor under the Construction Contract ager 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 claim for damages to which the Contractor is entitled, reduced by ell 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 term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor w required under the Construction Contract or to perform mid 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 u Contractor and subcontractor, the term Contractor In this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. 8-1852/AS8110 § 1S Modifications to this bond are as rollows: (Space is provided beimvJor addiNonaf signatu es ojadded parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Cotpmvte Sea!) Signature: Signature: Name and Title: Name end Title: Address Address 5-1852/AS 0/10 Bond No. IDC 44607 Payment Bond CONTRACTOR: (Name, legal sraau and address) AME Electric, Inc. 3621 Arthur St Caldwell, ID 83605 OWNER: (Nance, legal status and address) City of Meridian 33 East Broadway Avenue Meridian, ID 63642 Document A312TM -2010 Conforms with The American Institute of Architects AIA Document 312 CONSTRUCTION CONTRACT Date: April 7, 2015 Amount: $100,000.00 SURETY: (Nance, legal starers mrd principal place of business) Merchants Bonding Company (Mutual) 2100 Fleur Drive Des Moines, IA 50321-1158 Melling Address for Notices Merchants Bonding Company (Mutual) 2100 Fleur Drive, Des Moines, IA 50321-1158 One Hundred Thousand Dollars and 00/100 Description: (Nance and location) Landing Lift Station SCADA Upgrades - Construction. Project # 10417.F1 BOND Date: April 7, 2015 Nor earlier than Construction Contract Date) Amount: $ 100,000.00 One Hundred Thousand Dollars and 00/100 Modifications to this Aond: 0 None n See Section 18 This document has Important legal consequences. Consultation with an attorney Is encouraged with respect to Its completion or modificattdn. Any singular reference to Contractor, Surely, Owner or other party shell be considered plural where applicable. CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seat) Company: (Corporate Seal) AME Electric, Inc. Merchants Bon ompany (Mutual) Signature: - Signature: 5642 - Name thee/ TenHulzen Nemo Ray on olfe and Title: and Tide: Attorney -in -Fact .4, Mny additlonal slgnantres appear on fire last page ojthls Payment Bond) ,I , (FOR hvFOAQ4T/ONONLY Maine, address and telephone) AGENT or BROKER: The Hartwell Corporation PO Box 400 Caldwell, ID 63606-0400 208-459-1678 S-21491AS 8110 OWNER'S REPRESENTATIVE: (Architect, Engineer ororherparry.) § 17'hc Contractor and Surety, jointly and severally, bind themselves, their heirs, executers, udministralors, successors and assigns to the Owner to pay for labor, materials and equipment fimished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 21f the Contmclurpromplly mokes payment of all sums duo 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. § 3 if there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner tinder this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Omer or the Owmer's property by any person or onlity seeking payment for labor, materials or equipment famished for use in the performance ofthe 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 anti at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suil. § 6 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have Ibmished a written notice ofnon-payment to Ore Contractor, staling with substantial accuracy the amount claimed and the name ofthe party to whom the materials were, or equipment was, tarnished or sapid led or for whom the labor was done or performed, within ninety (90) days after having lost performed labor or Iasi furnished materials or equipment Included in die Claim; and .2 have sent a Claim to the Surety (al the address described in Section 13). § 6.2 Claimants, who aro employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 Its notice of non-payment required by Section 5.1.1 Is given by the Owner to the Contractor, that is sufficient to satisfy a Cluiment's obligation to 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 Surely 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, slating the amounts that we 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 7.2 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 oltomey's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § $The Surety's total obllgotten shall not exceed the amount or this Bond, plus the amount arreasonuble uttomey'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 mod by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, If any, under 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 Owner's priority to use the finds for the completion of die work. 5-2149lA8 8110 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that arc 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 Surely 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 competent jurisdiction 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 s4hich 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 this Paragraph we void or prohibited by law, the minimum period of Manhattan available to sureties us a defense In the jurisdiction of the soil shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be moiled or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shag be suf0cient compliance as of the date received. § 14 When this Bond has been fiurnblud 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 sold statutory or legal requirement shall be deemed deleted here&om and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so fitmished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 16 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copyof this Bond or shell permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at o 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 agmemenl or purchase order pursuanflo which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 abrief description ofthe labor. materials orequipment Armished; .5 the date on which the Claimant last performed labor or lost famished materials or equipment foruse in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount ofprovious payments received by the Claimant; and .6 the total amount due and unpaid to the Claimant for labor, materials or equipment famished 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 Bond shall be to include without limitation is the teams "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 rorperfbrmance of the work of the Contractor and the Contractor's subcontractors, and oil other items for which a mechanic's lien may be asserted in thojurisdlclion whore the labor, materials or equipment wore 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•2149/AS 9/10 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contractor to perform and complete or comply with the other material terms of the Construction Contract. § 16.6 Contract Documents. All the documents that comprise file agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows; (Space is provided beton for additional signatures ofadded parties, other than /hare appearhig on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Comoralesea!) Company: (Corporate Sea!) Signature: Signature: Name and Title: Name and Title: Address Address 8-2149/AS 6/10 MERCHANTS BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the Slate of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Karl F Baughman; Lynn Hawley; Raymond L Wolfe; Traci McClure; Zachary A Dehne of Caldwell and Slate of Idaho their [rue and lawful Attorney -In -Fact, with full power antl authority hereby conferred In [heir name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surely any and all bonds, undertakings, recognlzances or other written obligations In the nature thereof, subject to the Ilmllatlon that any such Instrument shall not exceed the amount of TWENTY MILLION ($20,000,000.00) DOLLARS and to bind the Companies (hereby as fully and to the same exlen( as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Allorney-in-Fac(, pursuant to the authority herein given, are hereby ratified and confirmed. This Power-of-Allorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Banding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Allorneys-in-Fact, and to authorize them to execute on behalf of the Company, and allach the seal of the Company thereto, bonds and undertakings, recognlzances, contracts of Indemnlly and other writings obligatory In the nature (hereof. The signature or any authorized officer and (he seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking. recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have (he same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 201hday or August • 2014. -0- 2003 STATE OF IOWA..... * COUNTY OF POLK as. • Www MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. Q' /-"f-7 7� President On lhIs201hday of August . 2014, before me appeared Larry Taylor, to me personalty known, who being by me duty swom did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing Instrument is the Corporals Seals of the Companies; and (hal the said Instrument was signed and sealed In behalf of the Companies by authority of their respective Boards or Directors. In Testimony Whereof, 1 have hereunto set my hand and affixed my Official Seal a( the City of Des Moines, Iowa, the day and year first above written. tir(`IA<s WENDY WOODY Commission Number 764654 ` Q 1 n ? My Commission Expires 1 h fd,Fv\ rpNll• June 20 2017 Nolary Public, Polk County, Iowa STATE OF IOWA COUNTY OF POLK as. I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify, that the above and foregoing Is a Ince and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness+Wieriidf;.I have hereunto set my hand and affixed the seal of the Companies on [his 71h, dxy pf t, I ; ApI 2015 1. :.1 nu,INnyryry Aw QpPOg4'00` o99f9y`. z2. r -p_ ,�;.G a •r-•2 -o' o'-.• /- �.• 200.3 ;.o :yv. 1933 .YC, secretay POA 0014 7/14 oddly •.. <� ' :Q1i•. \\dQl AMEEL-1 OF ID: ZD d►` 0��2o CERTIFICATE OF LIABILITY INSURANCE °ATE`MM°°YYYY) 03/1812015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions Of the policy I ' y n endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such end,Y), PRODUCER CONTACT v..�r. n.1.... INSURED Corporation - Gal — MAR 18 2015 11... Inc. D 87605 FINANCE DEPT Co r0VFRArFR rLRTICIrnTC MI ISARCD. eevl.lnM... m.Anvm. 0677 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEADOL SUBS POLICY NUMBER PO CY EFF MLVODIt�MMIDUIYYYY POLICY EXP LIMITS B X I COMMERCIAL GENERAL LIABILITY CLAIIAS-MADE ❑X OCCUR X X EPP 0217359 l 0110112015 EACH. OCCURRENCE S 1,000,00 0110112016 ! onirAGE'T6REITiG� --- PRCMISES_IFn aconcrkol,__ S 500,00 MEO EXP(AIy one pe,san) $ 10,00 PERSONAL S ADV INJURY 13 1,000,00 GEHL AGGREGATE LIMIT APPLIES PER POLICY r PRO- JEOT LDC GENERAL AGGREGATE E 7 2,000,00 PRODUCTS COMP/OP AGG 3 2,000,00 OTHER. mp Ben. 3 113000000 B AUTOMOBILE %( LIABILITY ANY AUTO X X EBA 0217359 011011201$ 01101120 1 6 COMBINED SINGLE LIIAI I Eea cltlenl S 1,000,00 BODILY INJURY (P. PCmGn) IS ALL AUTOS _ _ SCHEDULE HIREDAUTOS _ AUTOS DODILY INJURY IPor ewdnnl) 3 PnwacadCnt AGE I3- --. `- T 3 B X UMBRELLA LIAR X OCCUR EXCESS LIMI I CLAIMS.MADE DIED X1 RETENTIONS 0 EPP 0217359 0110112015 0110112016 EACH OCCURRENCEIj2 4,000,00 AGGR[G,\TE S 4,000,00 S MRNERS COMPENSATION AND EMPLOYERS' UABIUW A ?ANYPROPRIETORIPARTNERIEXECUTNE YIN OFFICEFUMEMBER EXCLUDED? � (les, dlP"In NH) er DESCRIPTION descrite OF .DESCRIPTION OF OPERATIONS Below NIA X IUB1757X25215 01/0112015 0710112016 I PER OTI6 X A UTE ER E EACH ACCIDENT S 1,000,00 EL DISEASE - EA EMPLOYEES 1,000x00 EL DISEASE -POLICY LIMIT Is 7,000,00 I i DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES IACORD 1d1, Additional Remark. Schedule, maY be aaeched II mora apace IF requlradl City of Meridian and City's elected officials, officers, employees, agents, and volunteers are also named as Additional insureds per included AA 4171 11 05 and GA233 02/07 form, as required by the insurance contract with respects to the project - PW -15-10417.171 (Landing Lift Station SCADA Upgrades - Construotion), Primary 6 Non -Contributory Applies. CITYM-0 City of Meridian Purchasing Department 33 East Broadway Ave., Ste 106 Meridian, ID 83642 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE / G---�Yf-a7` 42�G KCr n IRRR.2THA ACORn rnRPnPATITSN All A.M. ---d ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AMEELA PAGE 2 OTEPAD INSURED'S NAME AME Electric, Inc. OP ID: ZD Dmu 0311812015 of Subrogation per forma WC 00 03 13 (00) - 06 and AA 4172 09 09. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION - AUTO This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM This endorsement changes the policy effective on the inception date of the policy unless another dale is indi- cated below. Endorsement Effective: Policy Number: 01-01-2014 FBA 021 73 59 Named Insured: AME ELECTRIC INC, VERSATILE PROPERTIES LLC Countersigned by: Authorized Representative) With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. 1. Blanket Waiver of Subrogation SECTION IV - BUSINESS AUTO CONDI- TIONS, A. Loss Conditions, 5. Transfer of Rights of Recovery Against Others to Us is amended by the addition of the following: We waive any right of recovery we may have against any person or organization because AA 4172 09 09 of payments we make for "bodily injury" or "property damage" arising out of the operation of a covered 'auto" when you have assumed liability for such "bodily injury" or 'property damage" under an "insured contract", pro- vided the "bodily injury" or 'property damage" occurs subsequent to the execution of the 'in- sured contract". 351894 TRAVELERS J WORKERS COMPENSATION AND ONE TOYER SQUARE HARTFORD, CT 06183 EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (00)-06 POLICY NUMBER: (IDTCOUB-T757X25-2-15) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us ) This agreement shall not operate directly or indirectly to benefit any one not named In the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE. 11 -21 -1 4 ST ASSIGN. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED BY CONTRACT This endorsement modifies insurance provided under the following. BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM This endorsement changes the policy effective on the inception dale of the policy unless another date is indi- cated below. Endorsement Effective: Policy Number: 01-01-2014 ERA 021 73 59 Named Insured: ANE ELECTRIC INC. VERSATILE PROPERTIES LLC Countersigned by: With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. SECTION II - LIABILITY COVERAGE, A. Cover- age, I. Who is an Insured is amended to include as an insured any person or organization with which you have agreed in a valid written contract to provide insurance as is afforded by this policy. This provision is limited to the scope of the valid written contract. This provision does not apply unless the valid written contract has been executed prior to the "bodily injury' or "property damage". AA 4171 11 OS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS' COMMERCIAL GENERAL LIABILITY BROADENED ENDORSEMENT This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. Endorsement -Table of Contents: Coverage: Bealns on Pane: 1. Employee Benefit Liability Coverage..................................................................................................2 2, Unintentional Failure to Disclose Hazards........................................................... 7 3. Damage to Premises Rented to You................................................................................................... 8 4. Supplementary Payments...................................................................................................................9 5. Medical Payments................................................................................................................................ 9 6. Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.)........................................................................................................ 9 7. 180 Day Coverage for Newly Formed or Acquired Organizations..................................................10 8. Waiver of Subrogatlon.......................................................................................................................10 9. AutomatIcAddltlonal Insured - Specified Relationships: ................................................................ lo • Managers or Lessors of Premises; • Lessor of Leased Equipment; • Vendors; • Slate or Political Subdivisions - Permits Relating to Premises; • State or Political Subdivisions - Permits; and • Contractors' operations 10. Broadened Contractual Liability- WorkWlthln 50' of Railroad Property ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,14 11. Property Damage to Borrowed Equipment.......................................................................................14 12. Employees as Insureds - Specified Health Care Services: ............................................................14 • Nurses; • Emergency Medical Technicians; and • Paramedics 13. Broadened Notice of Occurrence...................................................................................................... 14 B. Limits of Insurance: The Commercial General Liability Limits of Insurance apply to the Insurance provided by this endorse- ment, except as provided below: 1. Employee Benefit Liability Coverage Each Employee Limit: $ 1,000,000 Aggregate Limit: $ 3,000,000 Deductible: $ 1,000 3. Damage to Premises Rented to You The lesser of: a. The Each Occurrence Limit shown In the Declarations; or b. $500,000 unless otherwise stated $ 4. Supplementary Payments a. Ball bonds: $ 1,000 b. Loss of earnings: $ 350 S. Medical Payments Medical Expense Limit: $ 10,000 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 1 of 15 6, Voluntary Property Damage (Coverage a.) and Care, Custody or Control Liability Coverage (Coverage b.) Limits of Insurance (Each Occurrence) Coverage a. $1,000 Coverage b. $5,000 unless otherwise stated Deductibles (Each Occurrence) Coverage a. $250 Coverage b. $250 unless otherwise slated COVERAGE PREMIUM BASIS RATE ADVANCE PREMIUM t. Employee Benefit Liability Coverage a) Area b Payroll (For Limits In Excess of (For Limits in Excess of - COVERAGES: Employee Benefit c Gross Sales $5,000) 55,000) (1) Insuring Agreement (d) Units acts or services Is covered (a) We will pay those sums that e Other the Insured becomes legally under Supplementary Pay - b, Care, Custody ments, ages caused by any act, er- $ orControl This Insurance applies to ran to applieshe sured, or of any other per- damages if act, TOTAL ANNUAL PREMIUM sured is legally liable, to 11. Property Damage to Borrowed Equipment Eacn Occurrence Limit: $ 10,000 Deductible: $ 250 C. Coverages: have used up the ap- t. Employee Benefit Liability Coverage plicable limit of Insur- ance in the payment of a. The following Is added to SECTION I judgments or settle- - COVERAGES: Employee Benefit ments. Liability Coverage. No other obligation or IIabIF- (1) Insuring Agreement ity to pay sums or perform acts or services Is covered (a) We will pay those sums that unless explicitly provided for the Insured becomes legally under Supplementary Pay - obligated to pay as dam- ments, ages caused by any act, er- ror b or omission of the In- () This Insurance applies to ran to applieshe sured, or of any other per- damages if act, son for whose acts the In -9 ror o9 omission, Is ne II - sured is legally liable, to gently committed In the which this Insurance ap- administration" of your plies. We will have the right "employee benefit pro - and duty to defend the In- gram": and sured against any "suit" 1) Occurs during the pol- seeking those damages, icy period; or However, we will have no duty to defend against any 2) Occurred prior to the "suit" seeking damages to effective date of this which this Insurance does endorsement provided: not apply. We may, at our discretion, investigate any a) You did not have report of an act, error or knowledge of a omission and settle any claim or "suit" on claim or "suit' that may re- or before the ef- sull. But: fective date of this endorsement, 1) The amount we will pay for damages is limited Ynu will he as described In SEG deemed to have TION 111 - LIMITS OF knowledge of a INSURANCE; and claim or "suit' when any 2) Our right and duty to defend ends "authorized repre- when we sentative"; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 2 of 15 Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 3 of 15 1) Reports all, or formance of Investment any part, of the vehicles; or act, error or omission to us 3) Advice given to any or any other person with respect to Insurer; that person's decision It) Receives a to participate or not to participate in any plan written or ver- included In the "em- bal demand or claim for dam- ployee benefit pro- gram', ages because of the act, er- (f) Workers' Compensation ror or omis- and Similar Laws sion; and Any claim arising out of b) There Is no other your failure to comply with applicable insur- the mandatory provisions of ance, any workers' compensation, (2) Exclusions unemployment compensa- tion Insurance, social secu- This Insurance does not apply rlty or disability benefits law to: or any similar law, (a) Bodily Injury, Property Damage or Personal and (g) ERISA Damages for which any In - Advertising Injury sured Is liable because of "Bodily Inju ", "property rypersonal liability Imposed on a fiduci- ary by the Employee Re - damage" or and advertising Injury". tlrement Income Security Act of 1974, as now or (b) Dishonest, Fraudulent, hereafter amended, or by Criminal or Malicious Act any similar federal, state or local laws. Damages arising out of any intentional, dishonest, (h) Available Benefits fraudulent, criminal or mali- cact, error or omission, Any claim for benefits to the coomm mitted by any insured, extent that such benefits are available, with reason- lessInclviolading the willful or ruck- less violation of any statute. able effort and cooperation of the Insured, from the ap- (c) Failure to Perform a Con• plicable funds accrued or tract other collectible insurance. Damages arising out of fall- (1) Taxes, Fines or Penalties ure of performance of con- by any Insurer. Taxes, fines or penalties,tract Including those Imposed (d) Insufficiency of Funds under the Internal Revenue Code or any similar state or Damages arising out of an local law. insufficiency of funds to meet any obligations under U) t -Related any plan Included in the Practices "employee benefit pro - pro- gram". Any liability arising out of any: (a) Inadequacy of Perform- ance of Investment 1 Ad- (�) Refusal to employ; vice Given With Respect (2) Termination of em - to Participation ployment; Any claim bnaed upon: (3) Coercion, demotion, 1) Failure of any invest- evaluation, reassign- mens, discipline, defa- ment to perform; mation, harassment, 2) Errors In providing In- humiliation, discrlmina- formation on past per- tlon or other employ - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 3 of 15 ment-related practices, acts or omissions; or (4) Consequential liability as a result of (1), (2) or (3) above. This exclusion applies whether the Insured may be held liable as an employer or in any other capacity and to any obligation to share damages with or repay someone else who must pay damages because of the injury. (3) Supplementary Payments SECTION I - COVERAGES, SUPPLEMENTARY PAY- MENTS - COVERAGES A AND B also apply to this Coverage. b. Who Is an Insured As respects Employee Benefit Llabll- Ity Coverage, SECTION II - WHO IS AN INSURED Is deleted in Its en- tirety and replaced by the following: (1) If you are designated In the Declarations as: (a) An individual, you and your spouse are Insureds, but only with respect to the conduct of a business of which you are the sole owner. (b) A partnership or joint ven- ture, you are an insured. Your members, your part- ners, and their spouses are also insureds but only with respect to the conduct of your business. (c) A limited liability company, you are an Insured. Your members are also Insureds, but only with respect to the conduct of your business. Your managers are in- sureds, but only with re- spect to their duties as your managers. (d) An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and dl - rectors are Insureds, but only with respect to their duties as your officers or di- rectors. Your stockholders are also Insureds, but only with respect to their liability as stockholders. (a) A trust, you are an Insured. Your trustees are also in- sureds, but only with re- spect to their duties as trustees. (2) Each of the following Is also an Insured: (a) Each of your 'employees" who Is or was authorized to administer your "employee benefit program". (b) Any persons, organizations or "employees" having proper temporary authorl- zatlon to administer your "employee benefit program" if ou die, but only until your eygal representative Is ap- pointed. (c) Your legal representative if you die, but only with re- spect to duties as such. That representative will have all your rights and du- ties under this Coverage Part. (3) Any organization you newly ac- quire or form, other than a part- nership, joint venture or limited liability companyy, and over which you malntain ownership or majority Interest, will quallfy as a Named Insured if no other similar Insurance applies to that organization. However, cover- age under this provision: (a) Is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever Is earlier; and (b) Does not apply to any act, error or omission that was committed before you ac- quired or formed the or- ganizatlon. c. Limits of Insurance As respects Employee Benefit Llabll- Ity Coverage, SECTION III - LIMITS OF INSURANCE Is deleted In Its en- tirety and replaced by the following: (1) The Limits of Insurance shown In Section B. Limits of Insur- once, 1. Employee Beneflt LH ability Coverage and the rules below fix the most we will pay regardless of the number of: (a) Insureds; Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 4 of 15 (b) Claims made or "suits" (b) The deductible amount brought; slated in the Declarations (c) Persons or organizations applies to all damagessustained by any one "em - making claims or bringing sults"; ployee", Including such employee's" dependents (d) Acts, errors or omissions; or and beneficiaries, because of all acts, errors or omis- (e) Benefits Included In your sions to which this insur- "employee benefit pro- once applies. gram". (c) The terms of this Insurance, (2) The Aggregate Limit shown in Including those with respect Section B. Limits of Insurance, to: 1. Employee Benefit Llablllty Coverage of this endorsement 1) Our right and duty to is the most we will pay for all defend the Insured damages because of acts, er- against any "suits" rors or omissions negligently seeking those dam - committed In the "adminislra- ages; and tion" of your "employee benefit 2} Your duties, and the program', duties of any other in - (3) Subject to the limit described In volved Insured, In the (2) above, the Each Employee Llmlt shown in Section B, Limits event of an act, error or omission, or claim, of Insurance, 1. Employee Benefit Liability Coverage of apply Irrespective of the this endorsement Is the most we application of the deductible V4111 pay for all damages sus- amount. talned by any one "employee", Including damages sustained by (d) We may pay any part or all of the may amount to such "employee's" dependents effect settlement of any and beneficiaries, as a result of: claim or "suit, and, upon (a) An act, error or omission; or notification of The action taken, you shall promptly (b) A series of related acts, er- reimburse us for such part rors or omissions, regard- of the deductible amount as less of the amount of time we have paid. that lapses between such acts, errors or omissions, d. Additional Conditions negligently committed In the As respects Employee Benefit LI - "administration" of your "em- ability Coverage, SECTION IV - COMMERCIAL GENERAL LIABIL- pioyee benefit program". ITY CONDITIONS Is amended as However, the amount paid un- follows: der this endorsement shall not exceed, and will be subject to (1) Item 2. Duties In the Event of the limits and restrictions that Occurrence, Offense, Claim or apply to the payment of benefits Suit Is deleted in Its entirety and In any plan Included In the "em - replaced by the following: ployee benefit program". 2. Duties In the Event of an Act, Error or (4) Deductible Amount Omission, or Claim or Suit (a) Our obligation to pay dam- a. You must see to It that we are notl- ages on behalf of the In- fled as soon as practicable of an act, sured applies only to the o error or omission which may result in amount of damages ex- a claim. To the extent possible, no - lice should include: cess of the deductible amount stated In the Decla- (1) What the act, error or omission rations as applicable to was and when It occurred; and Each Employee. The limits of Insurance shall not be (2) The names and addresses of reduced by the amount of anyone who may suffer dam - this deductible. ages as a result of the act, error or omission. Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 5 of 15 b. If a claim Is made or "suit" Is brought against any insured, you must: (1) Immediately record the specifics of the claim or "suit" and the date received; and (2) Notify uses soon as practicable. You must see to It that we receive written notice of the claim or "suit" as soon as practicable. c. You and any other Involved Insured must: (1) Immediately send us copies of any demands, notices, sum- monses or legal papers re- ceived In connection with the claim or "suit'; (2) Authorize us to obtain records and other information; (3) Cooperate with us In the investi- gation or settlement of the claim or defense against the "suit"; and (4) Assist us, upon our request, in the enforcement of any right against any person or organiza- tion which may be liable to the Insured because of an act, error or omission to which this Insur- ance may also apply. d. No Insured will, except at that In- sured's own cost, voluntarily make a payment, assume any. obligation, or incur any expense without our con- sent. (2) Item 5. Other Insurance is de- leted In its entirety and replaced by the following: 5, Other Insurance If other valid and collectible Insurance Is available to the Insured for a loss we cover under this Coverage Part, our obligations are limited as follows: a. Primary Insurance This insurance is pri- mary except when c. below applies. If this Insurance Is primary, our obligations are not affected unless any of the other insurance is also primary. Then, we will share with all that other insurance by the method described In b. below. b. Method of Sharing If all of the other insur- ance permits contrlbu- tlon by equal shares, we will follow this method also. Under this approach each In- surer contributes equal amounts until It has paid Its applicable limit of Insurance or none of the loss remains, whichever comes first If any of the other in- surance does not per- mit contribution by equal shares, we will contribute by limits. Under this method, each Insurer's share is based on the ratio of Its applicable limit of In- surance to the total ap- plicable limits of insur- ance of all insurers. c. No Coverage This insurance shall not cover any loss for which the Insured Is entitled to recovery un- der any other insur- ance In force previous to the effective date of this Coverage Part e. Additional Definitions As respects Employee Benefit Li- ability Fability Coverage, SECTION V - DEFINITIONS is amended as fol- lows: (1) The following definitions are added: 1. "Administration" means: a. Providing information to "employees", Including their dependents and beneficiaries, with re- spect to eligibility for or scope of "employee benefit programs'; b. Interpreting the "em- ployee benefit pro- grams"; c. Handling records In connection with the "employee benefit pro- grams", or d. Effecting, continuing or terminating any "em- ployee's" participation Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 6 of 15 GA 233 02 07 In any benefit Included benefits, workers' com- In the "employee bene- pen sation and disability fit program', benefits; and However, "administration" d. Vacation plans, Includ- does not Include: ing buy and sell pro - a. Handling payroll de- grams; leave of ab- ductions; or sante programs, In- cluding military, mater - b. The failure to effect or nity, family, and civil maintain any insurance leave; tuition assls- or adequate limits of tante plans; transpor- coverage of Insurance, tatlon and health club Including but not limited subsidies, to unemployment In- surance, social security (2) The following definitions are benefits, workers' com- deleted In their entirety and re - pensation and disability placed by the following: benefits. 21. "Suit" means a civil pro - 2. "Cafeteria plans" means ceeding in which money damages because of an plan authorized by applica- ble law to allow "employ- act, error or omission to ees" to elect to pay for cer- which this Insurance applies "Suit" tain benefits with pre-tax arealleged. Includes: dollars, a. An arbitration pro- d. "Employee benefit pro- ceeding In which such grams" means a program damages are claimed and to which the In- provlding some or all of the sured must submit or following benefits to "em- ployees , whether provided does submit with our through a "cafeteria plan" or consent; otherwise: b. Any other alternative a. Group life insurance; dispute resolution pro - ceeding In which such group accident or health Insurance; den- damages are claimed tal, vision and hearing and to which the in - plans; and flexible cured submits with our spending accounts; consent; or provided that no one c, An appeal of a civil other than an "em- proceeding. ployee" may subscribe to such benefits and S. "Employee" means a per - such benefits are made son actively employed, for - generally available to merly employed, on leave those "employees" who of absence or disabled, or satisfy the plan's ellgl- retired. "Employee° in- bilityrequlrements; cludes a "leased worker". "Employee" does not In - b. Profit sharing plans, clude a "temporary worker", employee savings plans, employee stock 2. Unintentional Failure to Disclose Haz- ownershlp plans, pen- ards slon plans and stock subscription plans, SECTION IV - COMMERCIAL GENERAL ed that no one LIABILITY CONDITIONS, 7. Re resen- other other than an "em- tations is hereby amended by the addl- ployee" may subscribe tion of the following: to such benefits and Based on our dependence upon your such benefits are made representations as to existing hazards, if generally available to uninlentionally you should fall to disclose all "employees" who all such hazards at the inception date of are eligible under the your policy, we will not refect coverage plan for such benefits; under this Coverage Part based solely on c. Unemployment insur- such failure. ante, social security Includes copyrighted materiel of Insurance Services Office, Inc., with Its permission, Page 7 of 15 3. Damage to Premises Rented to You e) Settling, cracking, a. The last Subparagraph Paragraph 2. SECTION I - COO VERAGES, shrinking or ex- pension; or COVERAGE A. - BODILY INJURY f) Nesting or infesta- AND PROPERTY DAMAGE, 2. LI- tion, or discharge ABILITY Exclusions is hereby de- or release of leted and replaced by the following: waste products or Exclusions c, through q. do not apppIy secretions, by In- to damage by fire, explosion, Ilght- sects, birds. ro- dents or other ring, smoke or soot to premises animals. while rented to you or temporarily occupied by you with permission of (b) Loss caused directly or Indl- the owner, rectly by any of the follow - b. The Insurance Provided under SEC- Ing: TION I - COVERAGES, COVERAGE 1) Earthquake, volcanic A. BODILY INJURY AND PROP- eruption, landslide or ERTY DAMAGE LIABILITY applies any other earth move - to "property damage" arlsing out of ment; w water damage to premises that are both rented to and occupied by you. 2 Water that backs u o ► p r (1) As respects Water Damage Le- overflows from a sewer, drain or sump; gal Liability, as provided In Paragraph 3.b. above: 3) Water under the The exclusions under SECTION ground surface press - Ing on, or Flowing or - COVERAGES, COVERAGE seeping through: A. BODILY INJURY AND PROPERTY DAMAGE LIABIL- a) Foundations, ITY, 2. Exclusions, other than L walls, Floors or War and the Nuclear Energy paved surfaces; Liability Exclusion, are deleted b)Basements, and the following are added: whether paved or This Insurance does not apply not; or to: c) Doors, windows or (a) "Property damage": otheropenings. 1) Assumed In any con- (c) Loss caused by or resulting tract; or from water that leaks or Flows from plumbing, heat - 2) Loss caused by or re- Ing, air conditioning, or fire sulting from any of the pprotection systems caused following: by or resulting from freez- a) Wear and tear; ing, unless: b) Rust, corrosion, 1) You did your best to maintain heat In the fungus, decay, deterioration, hid- building or structure; or den or latent de- 2) You drained the fect or any quality equipment and shut off In property that the water supply if the causes It to dam- heat was not main - age or destroy It- talned. self; (d) Loss to or damage to: C) Smog; 1) PlumbIng, heating, air d) Mechanical condltloning, fire pro - breakdown in- lection systems, or cluding rupture or other equipment or ap- bursting caused pliances; or by centrifugal force; 2) The interior of any building or structure, or to personal property In the building or structure Includes copyrighted material of Insurance GA 233 02 07 Services Of0ce, Inc., with Its permission. Page a of 15 caused by or resulting from rain, snow, sleet or Ice, whether driven by wind or not. G Limit of Insurance The Damage to Premises Rented to You Limit as shown In the Declara- tions is amended as follows: (2) Paragraph 6. of SECTION III - LIMITS OF INSURANCE Is hereby deleted and replaced by the following: 6. Subject to 5. above, the Damage to Premises Rented to You Limit Is the most we will pay under COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, for damages because of "property damage" to premises while rented to you or temporarily occupied Yyou with permission of the owner, arising out of any one "occurrence" to which this Insurance ap- plies. (3) The amount we will pay is lim- Ited as described in Section B. Llmlts of Insurance, 3. Dam- age to Premises Rented to You of this endorsement. 4, Supplementary Payments Under SECTION 1 - COVERAGE, SUP- PLEMENTARY URPLEMENTARY PAYMENTS - COVER- AGES A AND B: a. Paragraph 2. Is replaced by the fol- lowing: Up to the limit shown In Section B. Limits of Insurance, 4,a, Ball Bonds of this endorsement for cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage ap- plies, We do not have to furnish these bonds. b. Paragraph 4. Is replaced by the fol- lowing: All reasonable expenses Incurred by the insured at our request to assist us In the Investigation or defense of tha claim or °cult". Including actual loss of earnings up to the limit shown in Section B. Limits of Insurance, 4.b. Loss of Earnings of this en- dorsement per day because of time off from work. 5. Medical Payments The Medical Expense Limit of Any One Person as stated In the Declarations Is amended to the limit shown in Section B. Limits of Insurance, 5. Medical Pay- ments of this endorsement. 6. Voluntary Property Damage and Care, Custody or Control Llablllty Coverage a. Voluntary Property Damage Cov- erage We will pay for "property damage" to property of others arising out of op- erations Incidental to the insured's business when: (1) Damage Is caused by the In- sured; or (2) Damage occurs while in the In- sured's possession. With your consent, we will make these payments regardless of fault b. Care, Custody or Control Liability Coverage SECTION I - COVERAGES, COV- ERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY, 2. Exclusions, 1- Damage to Property Subparagraphs (3), (4) and (5) do not apply to "properly damage" to the property of others described therein. With respect to the insurance provided by this section of the endorsement, the fol- lowing additional provisions apply: a. The Limits of Insurance shown in the Declarations are replaced by the Ilm- Its designated In Section B. Limits of Insurance, 6, Voluntary Property Damage and Care, Custody or Control Liability Coverage of this endorsement with respect to cover- age provided by this endorsement. These limits are Inclusive of and not In addition to the limits being re- placed. The Limits of Insurance shown in Section B. Limits of Insur- ance, 6. Voluntary Property Dam- age and Care, Custody or Control Liability Coverage of this endorse- ment fix the most we will pay In any one "occurrence" regardless of the number of: (1) Insureds; (2) Claims made or "sults" brought; or (3) Persons or organizations mak- ing claims or bringing "suits". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc„ with Its permission. Page 9 of 15 b. Deductible Clause (1) Our obligation to pay damages on your behalf applies only to the amount of damages for each "occurrence" which are In ex- cess of the deductible amount stated in Section B. Limits of Insurance, 6. Voluntary Prop- erty Damage and Care. Cus- tody or Control Liability Cov- erage of this endorsement. The limits of Insurance will not be re- duced by the application of such deductible amount. (2) Condition 2. Duties In the Event of Occurrence, Offense, Claim or Suit, applies to each claim or "sult" irrespective of the amount. (3) We may pay any part or all of the deductible amount to effect settlement of any claim or "suit' and, upon notification of the so - lion taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 7. 180 Day Coverage for Newly Formed or Acquired Organizations SECTION II - WHO IS AN INSURED Is amended as follows: Subparagraph a. of Paragraph 4. is hereby deleted and replaced by the Tol- Iowing: a. Insurance under this provision Is af- forded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier; B. Waiver of Subrogation SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS, 9, Transfer of Rights of Recovery Against Others to Us Is hereby amended by the addition of the following: We waive any light of recovery we may have because of payments we make for Injury or damage arlsing out of your on- going operations or "your work" done un- der a written contract requiring such walver with that person or organization and included in the "products -completed operations hazard However, our rights may only be waived prior to the 'occur- rence" giving rise to the Injury or damage for which we make payment under this Coverage Part, The Insured must do nothing after a loss to impair our rights. At our request, the Insured will bring "suit' or transfer those rights to us and help us enfcrce those rights. 9, Automatic Additional Insured - Specl- fred Relationships a. The following Is hereby added to SECTION II - WHO IS AN INSURED: (1) Any person or organization de- scribed In Paragraph 9,a.(2) below (hereinafter referred to as additional Insured) whom you are required to adtl as an addi- tional insured under this Cover- age Part by reason of: (a) A written contract or agreement; or (b) An oral agreement or con- tract where a certificate of Insurance showing that per- son or organization as an additional Insured has been Issued, Is an Insured, provided: (a) The written or oral contract or agreement Is: 1) Currently in effect or becomes effective during the policy pe- riod; and 2) Executed prior to an "occurrence" or offense to which this insurance would apply; and (b) They are not specifically named as an additional In- sured under any other pro- vision of, or endorsement added to, this Coverage Part. (2) Only the following persons or organizations are additional in- sureds under this endorsement, and Insurance coverage pro- vided to such additional In- sureds is limited as provided herein: (a) The manager or lessor of a premises leased to you with whom you have agreed per Paragraph 9.s.(1) above to provide Insurance, but only with respect to liability arls- Ing out of the ownership, maintenance or use of that part of a premises leased to you, subject to the following additional exclusions: This Insurance does not apply to: 1) Any "occurrence" which takes place after Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with its permission. Page 10 of 15 you cease to be a ten- c) Any physical or ant In that premises. chemical change 2) Structural alterations, In the product made intentionally new construction or demolition operations by the vendor,, performed by or on be- d) Repackaging, un - half of such additional less unpacked Insured. solely for the pur- (b) Any person or organization pose of Inspection. demonstration, from which you lease equipment equipment with whom you or the have agreed per Paragraph above to Por subsl tutlon of parts under in- In- provide suran) surance. Such person(s) or structlons from the manufacturer, and ec Insureds solelyorganwith respect solely with respect to their then repackaged liability arising out of the in the originalcontainer, maintenance, operation or use by you of equipment e) Any failure to leased to you by such per- make such in- son(s) or organlzatlons(s). spections, adjust - However, this Insurance ments, tests or does not apply to any "oc- servicing as the currence"which takesplace vendor has after the equipment lease agreed to make or expires. normally under - (c) Any person or organization takes to make In the usual course (referred to below van- of business, In dor) with whom youu have agreed per Paragraph to connection with the distribution or ) above provide In- suraeurance, but only with re - "bodily sale of the prod- ucts; spect to Injury" or "property damage" ailsing Q Demonstration, In - out of "your products" which slallatlon, servlc- are distributed or sold in the Ing orepair op - regular course of the ven- eratlons,rexcept dor's business, subject to such operations the following additional ex- performed at the clusions: vendor's premises 1) The Insurance afforded In connection with the sale of the the vendor does not product; apply to: a) "Bodily Injury" or .'proper[ g) Products which, after distribution or yy damage" for the sale by you, have whlch ven- dor Is obligated to been labeled or relabeled or used pay damages by reason of the as- as a container, sumption of liabil- part or Ingredient of any other thing ity In a contract or or substance by or agreement. This exclusion does not for the vendor. apply to liability for 2) This Insurance does damages that the not apply to any In - vendor would sured person or or - have in the ab- ganization: sence of the con- tract or agree- a) From whom you ment; have acqulred b) Any express war- such products, or any Ingredient, ranty unauthorized part or container, byyou; entering Into, ac - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 11 of 15 companying or 2) This insurance does containing such not apply to "bodilyy in - products; or Jury", "property Jam- b) When liability In- age" or "personal and cluded within the advertising Injuryarts "products- Ing out of operations completed opera- performed for the state or political subdivision. tions hazard" has been excluded under this Cover- (f) Any person or organization with which you have agreed age Part with re- spect to such per Paragraph 9.a.(1) above to provide Insurance, products, but only with respect to II - (d) Any state or political subdl- ability arising out of 'your work" performed for that vision with which you have agreed per Paragraph additional insured by you or 9.a.(1) above to provide In- on your behalf. A person or organization's status as an surance, subject to the fol- lowing additional provision: Insured under this provision of this endorsement contln- This insurance applies only ues for only the period of with respect to the following time required by the written hazards for which the state contract or agreement, but or political subdivision has In no event beyond the ex - Issued a permit In connec- piration date of this Cover- tlon with premises you own, age Part. If there Is no rent or control and to which written contract or agree - this Insurance applies: ment, or If no period of time Is required by the written 1) The existence, mainte- contract or agreement, a nance, repair, con- person or organization's struction, erection, or status as an Insured under removal of adverUsing this endorsement ends signs, awnings, cano- when your operations for pies, cellar entrances, that Insured are completed. coal holes, driveways, manholes, marquees, 3 An Insurance vlded To an () hoist away openings, additional Insured desl 9 nated sidewalk vaults, street under Paragraph 9.a.(2): banners, or decora- tions and similar expo- (a) Subparagraphs (e) and (f) "bodily sures; or does not apply to Injury" or "propertyy damage" 2) The construction, erec- Included within the "prod - tion, or removal of ele- ucts-completed operations vators: or hazard"; 3) The ownership, main- (b) Subperafg�raphs (a), (b), (d), tenanceany ( not applyto elevatorsocovered "bodily Injury.", this insurance. damage" or ersonal and advertising Injury" arising (e) Any state or political subdi- out of the sole negligence vision with which you have or willful misconduct of the agreed per Paragraph 9.a.(1) above to in- additional Insured or their agents, "employees" provide surance, subject to the fol- or any other representative of the lowing provisions: additional Insured; or 1) This Insurance applies (c) Subparagraph (f) does not only with respect to op- apply to "bodily Injury", erations performed b "property damage" or "per - you or on your behalf sonal and advertising Injury" for which the state or arising out of olRical subdivision has Pssued a permit. 1 Defects In design fur- ) g nished by or onbehalf Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 12 of 15 of the additional In- spects any other Insurance sured; or policy issued to the addi- 2) The rendering of, or tional Insured, and such other Insurance policy shall failure to render, any professional archite be excess and / or noncon- lural, engineering or or tributing, whichever applies, with this Insurance, surveying services, In - dorsemenl to another eluding: (b) Any Insurance provided by a) The preparing, this endorsement shall be primary to other Insurance approving or fall- available to the additional ing to prepare or Insured except: approve maps, under this endorse - ment shall also be ex - shop drawings, 1) As otherwise provided opinions, reports, In SECTION IV - surveys, field or- COMMERCIAL GEN- ders, change or- ERAL LIABILITY ders or drawings CONDITIONS, S. Other and specifications; Insurance, b. Excess and Insurance; or b) Supervisory, In- 2) Foran other valid and spection, archl- collectible Insurance tectural or engl- available to the addl- neering activities. tional insured as an 3) "Your work" for which a additional insured by attachment of an an - consolidated (wrap-up) dorsemenl to another Insurance program has Insurance policy that Is been provided by the written on an excess primecontractor-project basis. In such case, manager or owner of the construction project the coverage provided which you are In- under this endorse - ment shall also be ex - volved, v cess. b. Only with regard to Insurance pro- (2) Condition 11. Conformance to vlded to an additional Insured desig- Specific Written Contract or nated under Paragraph 9.a.(2) Sub- Agreement is hereby added: paragraph (f) above, SECTION III - LIMITS OF INSURANCE Is amended 11, Conformance to Specific to Include: Written Contract or The limits applicable to the additional Agreement Insured are those specified in the With respect to additional written contract or agreement or in Insureds described In Para - the Declarations of this Coveragge graph 9.a.(2)(f) above only: Part, whichever are less. If no Ilmlts are specified In the written contract If a written contract or or agreement, or If there Is no written agreement between you contract or agreement, the limits ap- and the additional Insured plicable to the additional insured are specifies that coverage for those specified in the Declarations of the additional insured: this Coverage Part. The limits of In- Be provided a. Be provided 6y the In- surance are Inclusive of and not in the limits of Insurance Services Of - shownto shown In the Declarations. flue additional Insured form number CG 20 10 c. SECTION IV - COMMERCIAL GEN- or CG 20 37 (where ERAL LIABILITY CONDITIONS Is edition specified); or hereby amended as follows; b. Include coverage for (1) Condition 5- Other Insurance Is completed operations; amended to Include: or (a) Where required by a written c. Include coverage for contract or agreement, this "your work"; Insurance Is primary and / and where the limits or cov- or noncontributory as re- erage provided to the add! - Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 113 of 15 tional insured Is more re- strictive than was specifi- cally required In that written contract or agreement, the terms of Paragraphs 9.a.(3)(a), 9.a.(3)(b) or 9.b. above, or any combination thereof, shall be Interpreted as providing the limits or coverage required by the terms of the written contract or agreement, but only to the extent that such limits or coverage Is Included within the terms of the Coverage Part to which this endorse- ment Is attached. If, how- ever, the written contract or agreement specifies the In- surance Services Office additional insured form number CG 20 10 but does not specify which edition, or specifies an edition that does not exist, Paragraphs 9.a.(3)(a) and 9.8.(3)(b) of this endorsement shall not apply and Paragraph 9.b, of this endorsement shall ap- ply. 10, Broadened Contractual Liability - Work Within 50' of Railroad Property It Is hereby agreed that Paragraph f.(1) of Definition 12. "Insured contract" (SEC- TION V - DEFINITIONS) Is deleted. 11. Property Damage to Borrowed Equip. ment a. The following Is hereby added to Ex- clusion J. Damage to Property of Paragraph 2., Exclusions of SEG TION I - COVERAGES, COVERAGE A. BODILY INJURY AND PROP- ERTY DAMAGE LIABILITY: Paragraphs (3) and (4) of this exclu- sion do not apply to tools or equlp- ment loaned to you, provided they are not being used to perform opera- tions at the time of loss. b. With respect to the Insurance pro- vided by this section of the en- dorsement, the following additional provisions apply: (1) The Limits of Insurance shown In the Declarations are replaced by the limits designated In Sec- tion B. Limits of Insurance, 11. of this endorsement with respect to coverage provided by this endorsement. These limits are Inclusive of and not In addition to the limits being replaced. The Limits of Insurance shown In Section B. Limits of Insurance, 11, of this endorsement Ox the most we will pay In any one "oc- currence" regardless of the number of: (a) Insureds; (b) Claims made or "suits" brought; or (c) Persons or organizations making claims or bring "sults". (2) Deductible Clause (a) Our obligation to pay dam- ages on your behalf applies only to the amount of dam- ages for each "occurrence" which are in excess of the Deductible amount stated In Section B. Limits of insur- ance, 11. of this endorse- ment The limits of Insur- ance will not be reduced by the application of such De- ductible amount. (b) Condition 2. Duties in the Event of Occurrence, Of- fense, Claim or Suit ap- plies to each claim or `'sult" irrespective of the amount. (c) We may pay any part or all of the deductlbie amount to cffoot sotticmont of any claim or "suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. 12. Employees as Insureds - Specified Health Care Services It is hereby agreed that Paragraph ,NSUI)(d) of SECTION 11 - WHO IS AN INS , does not apply to your "em- ployees" who provide professional health care services on your behalf as duly li- censed: a. Nurses; b. Emergency Medical Technicians; or c. Paramedics, In the Jurisdiction where an "occurrence' or offense to which this Insurance applies takes place. 13. Broadened Notice of Occurrence Paragraph a. of Condition 2. Duties In the Event of Occurrence, Offense, Claim or Suit (SECTION IV - COMMER- CIAL GENERAL LIABILITY CONDF Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc., with Its permission. Page 14 of 15 TIONS) Is hereby deleted and replaced bythe ollowing: a. You must see to it that we are notl- fled as soon as practicable of an "occurrence" or an offense which may result In a claim. To the extent possible, notice should Include: (1) How, when and where the "oc- currence" or offense took place; (2) The names and addresses of any Injured persons and wit- nesses; and (3) The nature and location of any injury or damage arising out of the "occurrence" or offense. This requirement applies only when the "occurrence" or offense is known to an "authorized representative". Includes copyrighted material of Insurance GA 233 02 07 Services Office, Inc.; with Its permission, Page 15 of 15 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: H. Approval of Contract Amendment No. 1 to the Agreement with Taser International for the "Body Worn Camera System" Project for a Not -To -Exceed amount of $57,890.00 MEETING NOTES Irl Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Scott Colaianni Date: 3/30/2015 Re: April 7t' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 7t' City Council Consent Agenda for Council's consideration. Approval of Contract Amendment No. 1 to the Agreement with Taser International for the "Body Worn Camera System" project for a Not -To -Exceed amount of $57,890.00. Recommended Council Action: Approval of Contract Amendment No. 1 to the Agreement with Taser International for the Not -To -Exceed amount of $57,890.00. Thank you for your consideration 0 Page 1 CjQ�E IDIANh-- IDAHt) CITY OF MERIDIAN CONTRACT AMENDMENT No. t TASER INTERNATIONAL For BODY WORN CAMERA SYSTEMS, ASSOCIATED HARDWARE AND SUPPORT SERVICES CONTRACTOR NAME: DEPARTMENT NAME: Taser International Police ADDRESS: ADDRESS: 17800 N 85T" St. Scottsdale, AZ 85255 33 E. Broadway Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract Name: Body Worn Camera Systems, Associated Hardware and Su000rt Services Previous Amendment Date: n/a Previous Amendments: 0 Current Contract Dates; START: 11/01/2014 COMPLETION:. 1 0 /3112 01 9 Current Contract Amount (Inclusive of Previous Amendments to Date): $ 338.177.54 AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that Apply) Amendment to Contract Performance Amendment to Contract Dates X Amendment to Contract Amount _Other. (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment): To add Integration feature to previously purchased evidence.com licenses on Quote # 17406-2 NEW CONTRACT INFORMATION: Amendment Date: 4/7/2015 New Contract Dates: START: We COMPLETION: 10/31!2019 Amount of Amendment Change $ 57,890.00 Current Contract Amount (Inclusive of Previous Amendments to Date): $ 398.067.54 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY GRI W-- --_...._ B TAMMY ERD,MAYO Dated: 411 �ell's ,oceioy L i. `y�FS N`y�4 „ fide TRC15U _ TASER INTERNATIONAL BY: Holly Gibeaut Dated: Sks �aZOlS Approved by City as to Content BY: KEITH WATTS, PUR HASING MANAGER TASER International Protect Life 17800 N 85th St. Scottsdale, Arizona 85255 United States Phone: (8OO)978-2737 Fax: (48O)991-0791 Scott Colaianni (208) 846-7323 (208)8467372 scolaianni@merldiancity.org Ship To: Scott Colaianni Meridian Police Dept. - ID 1401 E. Watertower Avenue Meridian, ID 83642 us Bill To: Meridian Police Dept. - ID 1401 E. Watertower Avenue Meridian, ID 83642 us T^!3 a 1q Quotation Quote: Q-21595-3 Date: 3/3/2015 7:37 PM Quote Expiration: 3/31/2015 Effective Date*: 5/1/2015 Contract Number: 00003421 Expiration Date: 10/31/2019 SALESPERSON PHONE I EMAIL DELIVERY METHOD PAYMENT METHOD David Fowers I dfowers@taser.com I Fedex - Ground Net 30 "These subscriptions have been prorated for the duration of the existing contract and will be up for renewal at the expiration date listed above. Net Due - 30 days QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISC ($) NET TOTAL 69 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUALPAYMENT USD 120.00 USD 8,280.00 USD 2,070.00 USD 6,210.00 1 85014 AXON 1 -DAY SERVICE USD 2,000.00 USD 2,000.00 USD 0.00 USD 2,000.00 Net Due -30 days Total: Net Due - 30 days Net Price: USD 10,280.00 USD 8,210.00 Due in 2015 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISC ($) NET TOTAL 69 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUALPAYMENT USD 240.00 USD 16,560.00 USD 4,140.00 USD 12,420.00 Duein2U15Totah Due in 2015 Net Price: USD 16,560.00 USD 12,420.00 Due in 2016 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISC (S) NET TOTAL 69 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUALPAYMENT USD 240.00 USD 16,560.00 USD 4,140.00 USD 12,420.00 Due in 2016 Total: Due in 2016 Net Price: USD 16,560.00 USD 12,420.00 Page 1 of 3 Due in 2017 QTY ITEM # DESCRIPTION UNIT PRICE TOTAL BEFORE DISCOUNT DISC ($) NET TOTAL 69 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUALPAYMENT USD 240.00 USD 16,560.00 USD 4,140.00 USD 12,420.00 Due in 2017 Total: Due in 2017 Net Price: USD 16,560.00 USD 12,420.00 Due in 2018 QTY ITEM # DESCRIPTION UNITTOTAL PRICE BEFORE DISCOUNT DISC (S) NET TOTAL 69 85100 EVIDENCE.COM INTEGRATION LICENSE: ANNUAL PAYMENT USD 240.00 USD 16,560.00 USD 4,140.00 USD 12,420.00 Due in 2018 Total: Due in 2018 Net Price: USD 16,560.00 USD 12,420.00 Subtotal USD 57,890.00 Estimated Shipping & Handling Cost USD 12.96 Grand Total USD 57,902.96 Page 2 of 3 AXON I -Day Service includes integration to existing RMS/CAD (New World) as well as integration to transitioning RMS/CAD (TriTek). All services must be utilized and completed by 12/31/15. TASER International, Inc.'s Sales Terms and Conditions for Direct Sales to End User Purchasers By signing this Quote, you are entering into a contract and you certify that you have read and agree to the provisions set forth in this Quote and TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers or, in the alternative, TASER's current Sales Terms and Conditions for Direct Sales to End User Purchasers for Sales with Financing if your purchase involves financing with TASER. If your purchase includes the TASER Assurance Plan (TAP), then you are also agreeing to TASER's current Sales Terms and Conditions for the AXON FleXTM and AXON Bodyi- Cameras TASER Assurance Plan (U.S. Only) and/or Sales Terms and Conditions for the X2/X26P and TASER CAM HD Recorder TASER Assurance Plan (U.S. Only), as applicable to your product purchase. All of the sales terms and conditions, as welt as, the TAP terms and conditions are posted at http�//www.(aser.com/salcs-tems-aDd-condilions If your purchase includes AXON hardware and/or EVIDENCE.com services you are also agreeing to the terms in the EVIDENCE.com Master Service Agreement posted at bi[p7ZLwww,taser.com/serviceaureement 14. If your purchase includes Professional Services, you are also agreeing to the terms in the Professional Service Agreement posted at http,Hw I m/images/s on rt/do t I d /d loods/evidence materials/Prormumal Services Agreenrent12d If your purchase includes Integration Services, you are also agreeing to the terns in the SOW posted at help //ww la er com/integrationstatementofworkl4. You represent that you are lawfully able to enter into contracts and if you are entering into this agreement for an entity, such as the company, municipality, or government agency you work for, you represent tc TASER that you have legal authority to bind that entity. If you do not have this authority, do not sign this Quote. Signature: Name (Print): PO# (if needed): Date: Title: Please sign and email to David Fowers at dfowem@taser.com or fax to THANK YOU FOR YOUR BUSINESS! `Protect Life' and © are trademarks of TASER International, Inc., and TASER® is a registered trademark of TASER International, Inc., registered in the U.S. ® 2013 TASER Intemalimal, Inc. All rights reserved. Page 3 of 3 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 61 PROJECT NUMBER: ITEM TITLE: I. Approval of Change Order No. 1 to Pegasus Planning and Development for the "PROJECT DEVELOPMENT PLAN - MULTI PURPOSE EVENT CENTER" project for a Not -To - Exceed amount of $15,500.00. MEETING NOTES y Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Bruce Chatterton Date: 4/1/2015 Re: April 7u' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 7"' City Council Consent Agenda for Council's consideration. rRVJCV I VCVCLVrIVICIV I rLHIV - IVIUI for a Not -To -Exceed amount of $15.500.00. Recommended Council Action: Approval of Change Order No.1 to Pegasus Planning and Development for the Not -To -Exceed amount of $15,500.00. Thank you for your consideration. 0 Page 1 CHANGE ORDER NO. CITY OF MERIDIAN PROJECT NO. 10536 33 EAST BROADWAY UATE. 03-23-2015 MERIDIAN, ID 83642 _ EFFECTIVE DATE: CONTRACT CHANGE ORDER CONTRACTOR: Pegasus Planning PROJECT: Project.Development Plan -Multiuse &Event Center The Contractor is hereby directed to make the following changes from the Contract Documents and Plans. Description: Multiuse & Event Center Reason for Change order: An additional presentation and trip was requested by the contractor. The cost will be offset by department revenue that resulted from the financial participation of community partners (15,500). Attachments: CHANGE IN TASK ORDER PRICE: CHANGE IN TASK ORDER TIMES: Original Contract Price $ 30,000.00 Original Contract Times: 11-17-2014-02-15-2015 Net changes from previous Change Orders Net changes from previous Change Orders No— to No—to— (calendardays) $0.00 0 Contract Price Prior to this Change Order: Gontract Times prior to this Change Order: t 1-742014-02-15-gni 5 $30,000.00 Net Increase (decrease) of this Change Order: Increase (decrease) of this Change Order: 15, 500.00 30 Days - ._.. Contract Price with all Approved Change Orders: _......... --.._...-... Contract Times with all Approved Change Orders: (calendar days) $45,500.00 03-30-2015 RECOMMENDED: (PROJECT MANAGER) ACCEPTED (CONSULTANT) By: Bruce Chatterton By: Sean Garretson Date: 02-26-2015 Date: 3,_Z_o1/� COUNCIL APPROVED: (CITY PURCHASING)U3eNT) APPROVAL B : Keith Watts / Date: Date: APP D: (Cl ATTEST By; Mayor l'arnmy de W C, , Date: �'�� y City Clerk, Jay ,A m Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6J PROJECT NUMBER: ITEM TITLE: J. Approval of Award of Bid and Agreement to Cascade Pipeline Corp. for the "SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION" Project for a Not -To -Exceed amount of $509,194.50 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 Date: 3/30/2015 Fund: 60 Departmer Construction: X Project Name: Project Manager: John Bo Contractor/Consultant/Design Engineer CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT PW - ENGR 3590 GL Account: 95000 Project # PSA: SEWER LINE REPLACEMENT - SITE 12B Brent Blake Department Representative: MSA Task Order: Budget Available (Attach Report): Yes Contract Amount: $509,194.50 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) (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: Yes n/a Date Award Posted: March 19, 2015 PW License # PWC -C-13771 Current? (attach print out) Yes Corporation Status Goodstanding Insurance Certificates Received (Date): March 25, 2015 Rating: A Payment and Performance Bonds Received (Date): March 25, 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) 10499.A Date Submitted to Clerk for Agenda: March 31, 2015 Approved by Council Issue Purchase Order No, Date Issued: WI -15 submitted March 31.2015 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, Brent Blake Date: 3/30/2015 Re: April 7" City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the April 7t' City Council Consent Agenda for Council's consideration. amount of $509.194.50. Recommended Council Action: Award of Bid and Approval of Agreement to Cascade Pipeline Corp. for the Not -To -Exceed amount of $509,194.50. Thank you for your consideration. 0 Page 1 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION PROJECT # 10499.A THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this 7th day of April, 2015, 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 Cascade Pipeline, Corp, hereinafter referred to as "CONTRACTOR", whose business address is PO Box 1135 Meridian, ID 83680 and whose Public Works Contractor License # is PWC -C-13771. INTRODUCTION Whereas, the City has a need for services involving Sewer Line Replacements; 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, state and city laws, ordinances, regulations and resolutions. The Contractor SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION page 1 of 12 Project 10499.A represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor under this Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request underthis 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 $509,194.50. 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. 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. 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. SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION page 2 of 12 Project 10499.A 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 120 (one hundred twenty) 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 135 one hundred thirty 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 entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION page 3 of 12 Project 10499.A 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 emolovees. 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 ($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 SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION page 4 of 12 Project 10499.A 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 Specifications & Drawings to the ISPWC, which by this reference are made a part hereof. SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION page 5 of 12 Project 10499.A 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 corrected will require an additional two acceptance of the corrected work. a warranty inspection and subsequently (2) year warranty from the date of City's 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: http://www.meridiancity.org/environmental.aspx?id=1361 8. 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 Cascade Pipeline Corp. Purchasing Manager Attn: John McNatt 33 E Broadway Ave P.O. Box 1135 Meridian, ID 83642 Meridian, ID 83680 208-888-4433 Phone: 208-895-0286 Email: cascadepa cascadepipelinecorporation.com Idaho Public Works License #PWC -C-13771 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. 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 SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION page 6 of 12 Project 10499.A 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 CITYto 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 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. SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION page 7 of 12 Project 10499.A 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. 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. SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION page B of 12 Project 10499.A 28. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN CASCADE10—EUIV CORP. TAMMY de Dated: Y- J - / Approved by 11 city 0e JOHN M NATT, P ESIDENT Dated: -as /S CEE 06LmAN, C RKw-1,�`°" Purchasing Approval Department A proval BY: KEIT ATTS, Pu chasing Manager Dated:: VZ5— Project S i Project Manager d 1 97 1?tae - 1s'L19 re SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION Project 10499.A BY: 14,1 Ke P WARREN STEWA , Engineering Manager) Dated:: 31 a(v. i S page 9 of 12 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PW -15-10499.A ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PW -15-10499.A are by this reference made a part hereof. SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION page 10 of 12 Project 10499.A Attachment B SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $509,194.50. SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION page 11 of 12 Project 10499.A Milestone 1 Substantial Completion 120 (one hundred twenty)da s 135 (one hundred thirty-five) Milestone 2 Final Completion dais Contract includes furnishing all labor, materials, equipment, and incidentals as required for the above named project per IFB PW -15-10499.A CONTRACT TOTAL ....................... $509.194.50 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 BY WRITTEN CHANGE ORDER. Item No. Description Unit Unit Price 201.4.1.F.1 ABANDONMENT OF SANITARY SEWER MANHOLE EA $1,475.00 205.4.1.B.1 DEWATERING LS $500.00 IMPORTTRENCH BACKFILL MATERIAL 306.4.1.D.1 For unsuitable backfill material TON $1.50 (only if approved by the City of Meridian in writing) TYPE P SURFACE RESTORATION FOR SEWER MAIN 307.4.1.G.1 (CHERRY LANE ROW ONLY) SY $29.50 4" CLASS III AC PAVEMENT (includes road base and pit run) TYPE P SURFACE RESTORATION FOR SEWER MAIN (ALL OTHER ROADWAYS - includes road base and 307.4.1.G.1 pit run) SY $19.00 2 1/2" CLASS III AC PAVEMENT 501.4.1.6.1 GRAVITY SEWER PIPE SIZE 8" PVC LF $33.50 (Includes excavation, bedding, backfill, etc.) SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION page 11 of 12 Project 10499.A 502.4.1.A.1 SANITARY SEWER MANHOLE EA $2,745.00 48' DIAMETER SEWER SERVICE LINE, SIZE 4" 504.4.1.A.1 (includes excavation, bedding, backfill, cleanouts, LF $49.50 surface restoration not included in other bid items, potable/non-potable crossing) 1003.4.1.B.1 BIOFILTER BAGS - Fiber roll (includes maintenance) LF $3.40 1006.4.1.C.1 INLET PROTECTION - Protect catch basin (includes EA $75.00 maintenance) 1103.4.1.A.1 CONSTRUCTION TRAFFIC CONTROL LS $10,000.00 2010.4.1.A.1 MOBILIZATION LS $15,000.00 SP1 -2 6" SLEEVE FOR SEWER SERVICE - C900 PVC - LF $19.00 POTABLE/NON POTABLE CASING CONNECT TO EXISTING MANHOLE SP1 -3 (includes excavation, backfill and flexible manhole EA $1,750.00 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. SEWER LINE REPLACEMENT SITE 12B - CONSTRUCTION page 12 of 12 Project 10499.A Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: K. Professional Services Agreement for Kleiner Park LIVE Concert Series Production Services Between Plan Ahead Events - Boise and the City of Meridian MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR CONCERT SERIES PRODUCTION SERVICES This PROFESSIONAL SERVICES AGREEMENT FOR CONCERT SERIES PRODUCTION SERVICES ("Agreement") is made this -a day of I , 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organizethe laws of the State of Idaho ("City") and Plan Ahead Events - Boise, whose address is P.O. Box 1074, Eagle, Idaho 83616 ("Promoter"). WHEREAS, City and Promoter are mutually interested in enhancing the Meridian community's quality of life by providing and supporting opportunities for members of the Meridian and greater communities to enjoy music in a public venue; and WHEREAS, City desires that the bandshell (`Bandshell") at Julius M. Kleiner Memorial Park, located at 1900 N. Records Avenue, in Meridian, Idaho ("Park") serve as such a place, and to that end, the Meridian Parks and Recreation Department wishes to present a series of concerts entitled "Kleiner Park Live," to be held in the Bandshell during the summer; 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: 1. SCOPE OF SERVICES. A. Concert planning and presentation. Promoter shall plan and present at least six (6) concerts, to be held at the Bandshell (collectively, "Event"), in accordance with the concert specifications set forth herein. B. Concert specifications. Each concert comprising Event shall comply in all respects with each and all of the following specifications. 1. Each concert shall be presented on Thursday evenings sometime within the date range of June 4, 2015 to September 24, 2015. 2. Each concert shall end by 9:00 p.m. 3. Event or any concert shall be canceled in case of inclement weather, park closure, or by order of the Director of the Parks and Recreation Department. 4. All set-up, rehearsal, and/or sound checks at Bandshell shall occur between 12:00 p.m. and 6:00 p.m. on concert dates. 5. Amplified sound shall not exceed sixty-two (62) decibels at the perimeter of the park. Under no circumstances may amplified sound be used after 9:00 p.m. 6. Each concert and all components thereof shall comply in all respects with all conditions of the applicable City of Meridian Temporary Use Permit and other applicable permits and permitting requirements, Meridian City Code, and state and federal law. II. PROMOTER RESPONSIBI]ITIES A. Event planning and production. Promoter shall plan for and provide, at Promoter's sole expense, all logistics of Event and each concert thereof, including, but not limited to, performers, instruments, sound system, food and beverage vendors, alcohol permitting, event security, crowd management, first aid stations, portable restrooms, temporary fencing, signs, and extra garbage receptacles. Promoter shall be on site at each concert to supervise set-up and tear -down, and to ensure that use of Park and Park facilities, amenities, infrastructure, and/or vegetation is PROFESSIONAL SERVICES AGREEMENT—CONCERT SERIES PRODUCTION SERVICES PAGE 1 of 7 appropriate and reasonable. B. Performers. At least thirty (30) days prior to the first concert, and in any case before approaching any performer regarding performance in Event, Promoter shall obtain City's written consent to such performance. Promoter shall engage only performers reasonably likely to attract no more than two thousand (2,000) people. City shall be entitled to disallow Promoter's engagement of any performer that, in City's sole discretion, is inappropriate for the Bandshell venue, Park, or Event. Promoter shall be responsible for ensuring that any and all performers performing in Event comply with the following requirements and restrictions: 1. Performers shall perform such material and in such a manner as shall be appropriate for all ages, values, and sensibilities. Performers' performance and attire shall not include language, attire, and/or behavior that is profane, sexual, violent, or discriminatory in nature. 2. Promoter and/or Performers shall be authorized to sell albums and/or merchandising material at each concert and may retain the proceeds of such sales. 3. Performers shall not use or consume any alcoholic beverage, tobacco product, or electronic cigarette until the conclusion of the performance, and in no case shall Performers use, consume, or visibly possess or display such products on stage or in the Bandshell. The use or consumption of any such products shall comply in all respects with Meridian City Code and state law. Specifically, without limitation, Performers shall comply with Meridian City Code section 13-2-6(W), which states: "No person shall light, use, or consume any tobacco product or electronic cigarette in any city park, provided that this prohibition shall not apply to parking lots in city parks. The definition of the terms 'tobacco product' and 'electronic cigarette' shall be as set forth in Idaho Code section 39-5702." Promoter shall be responsible for all contractual arrangements and obligations, financial or otherwise, with Event performers. C. Promotion. Event shall be billed by both parties as "City of Meridian presents Kleiner Park Live produced by Plan Ahead Events." Promoter may, at Promoter's election and sole expense and effort, purchase commercial advertising to promote Event, and/or may promote Event via broadcast, online, social, or print media. City hereby conveys to Promoter permission to use City's name in all forms and media and in all manners, except that City's logo may not be used in any manner whatsoever without the express, written consent of the Mayor's Chief of Staff. To the extent practicable, City shall be given the opportunity to review and approve all promotional materials in advance of their publication, broadcast or dissemination. D. Food vendors. Promoter may engage up to three (3) food vendors to sell concessions in Park during each concert. Vendors may arrive at Park no earlier than 5:00 p.m. on the day of the concert for which they are engaged. Vendors shall not offer for sale or give away snow cones, shaved ice, Italian ice, or similar product. At least thirty (30) days prior to the first concert, Promoter must submit an event notification to the Central District Health Department. Promoter may retain any proceeds collected from food vendors. E. Alcohol sales and service. Alcoholic beverages may be sold or served at Event, at Promoter's election. If alcoholic beverages are sold or served, Promoter shall be responsible for obtaining an Alcohol Catering Permit from the Meridian City Clerk's Office, and shall ensure that persons serving alcoholic beverages hold current Alcohol Server Training certification, as required by Meridian City Code. Any and all alcoholic beverages purchased at Event must be purchased and consumed within the designated area as approved by the Meridian Police Department pursuant to City of Meridian Alcohol Catering Permit, Meridian Parks Alcohol Permit, and/or City of Meridian Temporary Use Permit. Promoter may retain any proceeds collected from alcohol sales. PROFESSIONAL SERVICES AGREEMENT— CONCERT SERIES PRODUCTION SERVICES PAGE 2 of 7 F. Attendees' own alcohol. Promoter may allow Event attendees to bring their own alcoholic beverages to Event for personal consumption, at Promoter's election. Promoter shall notify City if Event attendees will be allowed to bring and consume their own alcoholic beverages at Event, in which case City shall be responsible for obtaining a Parks Alcohol Permit from the Meridian Parks & Recreation Department. G. Event sponsorship. Promoter may sell sponsorships of Event, and may retain all proceeds collected from such sponsorships. Promoter may not engage any sponsor which promotes or endorses any of the following content: 1. Content that is deemed in violation of this policy or any other applicable City policy; 2. Profane, obscene, indecent, violent, or pornographic content and/or language; 3. Content that promotes, fosters or perpetuates discrimination on the basis of race, creed, color, age, religion, gender, sexual orientation, or national origin; 4. Defamatory or personal attacks; 5. Threats to any person or organization; 6. Content that promotes, fosters or perpetuates conduct in violation of any federal, state or local law; 7. Content that encourages or incites illegal activity; 8. Information that may compromise the safety or security of the public or public systems; 9. Content that violates a known legal ownership interest, such as a copyright, of any party; or 10. Any content that contains or perpetuates a message that the Director of the Parks & Recreation Department deems to be inappropriate and not in the best interest of the City of Meridian. If the City becomes aware that any engaged or potential sponsor of Event promotes or endorses such content, the City may terminate this Agreement, restrict or remove any content that is deemed in violation of this policy or any applicable law, and/or cancel the sponsored concert or Event. H. No admission fees. Event shall be provided to the public at no cost; Promoter may not collect admission fees for Event or any component thereof, except that Promotor may charge admission to a "VIP tent" with the understanding that Promotor shall accept all responsibility and risk for same, and shall specifically indemnify City for any and all losses and expenses related to or resulting from the charging of an admission fee to individuals to access any portion of the park that would otherwise be open to the general public for recreational purposes. Promoter acknowledges that Park and Bandshell are public places, and that with this limited exception, all members of the public shall be invited to attend. The public must have general access to all areas of Park at all times, so long as such access does not unduly interfere with the use of Park for Event. I. Bandshell. Promoter acknowledges that Bandshell is an outdoor, open, public venue. Promoter shall be solely responsible for any and all measures necessary to protect equipment, instruments, and performers from damage due to weather or other conditions that do or may exist. J. Vehicles. Driving or parking vehicles on non -designated driving or parking surfaces shall be prohibited, with the limited exception of vehicles driven short distances on non -designated driving surfaces for the purpose of transporting, loading, or unloading equipment and supplies during set- up or tear -down. Vehicles may be driven on turf only at the direction of Meridian Parks & Recreation Department staff. PROFESSIONAL SERVICES AGREEMENT— CONCERT SERIES PRODUCTION SERVICES PAGE 3 of 7 M. CITY RESPONSIBILITIES. A. Primary Source of Contact for City. City shall provide Promoter the name, e-mail address, and telephone number of specific City personnel (hereinafter "City Contact") who shall serve as City's primary contact between City and Promoter for all day-to-day matters regarding set-up, operation, and tear -down of Event in Park. B. Promotion. City shall promote Event in community promotional materials and avenues, including the City newsletter, City website, Meridian Parks & Recreation Department Activity Guide, and local media and event calendars. City shall list Promoter as "Plan Ahead Events" in all promotional materials that are created by City or within the City's control. C. Bandshell. City shall reserve and make the Bandshell and Park available for the Event. D. Temporary Use Permit. City shall obtain a temporary use permit for the Kleiner Park Live concert series. E. Parks Alcohol Permit. Promoter may allow Event attendees to bring their own alcoholic beverages to Event for personal consumption, at Promoter's election. Promoter shall notify City if Event attendees will be allowed to bring and consume their own alcoholic beverages at Event, in which case City shall be responsible for obtaining a Parks Alcohol Permit from the Meridian Parks & Recreation Department. F. No financial obligation. The parties agree that City shall have no obligation to contribute personnel or funding to the planning or production of Event, and no obligations other than those specifically set forth in this Agreement. G. Cancellation. The Director of the Meridian Parks & Recreation Department or his designee may, in his sole discretion, elect to cancel one or more concerts, with no notice to Promoter, where cancellation is in the best interest of City or the public health, safety, or welfare, due to weather, act of God, unforeseen park closure, or other reason. A decision regarding whether to cancel the concert due to weather shall be made no earlier than noon (12:00 p.m.) on the date of the relevant concert. IV. TERMS AND CONDITIONS A. Term. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on September 30, 2015 unless earlier terminated or extended in the manner as set forth in this Agreement. B. Time of the essence. Promoter acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. C. Notice. Communication between Promoter and the City Contact regarding day-to-day matters shall occur via e-mail or telephone. All other notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, or via e-mail, addressed as follows: PROFESSIONAL SERVICES AGREEMENT—CONCERT SERIES PRODUCTION SERVICES PAGE 4 of 7 City: City of Meridian Attn: Parks and Recreation Director 33 E. Idaho Avenue Meridian, Idaho 83642 ssiddoway@meridiancity.org Promoter: Becky Breshears Plan Ahead Events - Boise P.O. Box 1074 Eagle, Idaho 83616 becky.breshears@planaheadevents.com D. City policy applies. Promoter shall comply with all City policies and codes applicable to use of City property and facilities, including, but not limited to, policies of the Meridian Parks and Recreation Department. E. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the park, the performance solely for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. F. Subcontracting or assignment of obligations. Promoter shall not subcontract or assign any of its obligations or rights under this Agreement related to or that may relate to its professional event planning expertise. Promoter may subcontract or assign obligations that do not require such expertise, including, but not limited to, such obligations as transport and set-up of special equipment and/or instruments. Any subcontractor or assignee shall be bound by all the terms and conditions of this Agreement. G. Termination. 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; other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party; or a change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. Either party may terminate this Agreement by providing fourteen (14) days advance written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A twenty-four (24) hour cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon provision of written notice of termination. H. Non -waiver of breach. A waiver of any breach or default of any provision of this Agreement shall not be construed as a waiver of a breach of the same or any other provision hereof. I. Insurance. Promoter shall submit to City proof of an insurance policy issued by an insurance company licensed to do business in Idaho protecting Promoter, Promoter's employees, and Promoter's agents from all claims for damages to property and bodily injury, including death, which may arise during or in connection with Event, including Event set-up and tear -down. Such insurance shall name City as additional insured, and shall afford at least one million dollars ($1,000,000.00) per person bodily injury, one million dollars ($1,000,000.00) per occurrence bodily injury, and one million dollars ($1,000,000.00) 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 Promoter or any Promoter employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in or observer of Event or related activities, Promoter covenants and PROFESSIONAL SERVICES AGREEMENT— CONCERT SERIFS PRODUCTION SERVICES PAGE 5 of 7 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. J. Indemnification. Promoter 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 Promoter, its assistants, servants, agents, employees, guests, and/or business invitees, in connection with this Agreement or activities related thereto, including the indemnity agreed to in section II.H of this Agreement. Promoter acknowledges that provision of the services described hereunder presents risks, some of which are unknown, and do agree to assume all such known or unknown risks. K. Waiver. Except as to rights held under the terms of this Agreement, Promoter 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 the performance of this Agreement, whether such loss or damage may be attributable to known or unknown conditions, except for liability arising out of concurrent or sole negligence of City or its officers, agents or employees. L. Relationship of Parties. Promoter is an independent contractor and is 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 Promoter and City or any official, agent, or employee of City. Specifically, without limitation, Promoter understands, acknowledges, and agrees: 1. Except as otherwise set forth herein, Promoter is free from actual and potential control by City in the provision of services under this Agreement. 2. Promoter is engaged in an independently established trade, occupation, profession, or business. 3. Promoter has the authority to hire subordinates. 4. Promoter owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Promoter nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. M. Compliance with law. Throughout the course of this Agreement, Promoter shall comply with any and all applicable federal, state, and local laws. N. Non -Discrimination. Throughout the course of this Agreement, Promoter shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. O. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. P. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. PROFESSIONAL SERVICES AGREEMENT —CONCERT SERIES PRODUCTION SERVICES PAGE 6 of 7 Q. 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. R. 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. S. 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. T. Successors and assigns. All of the terms, provisions, covenants and conditions of this Agreement shall inure to the benefit of, and shall be binding upon, each party and their successors, assigns, legal representatives, heirs, executors, and administrators. U. City Council approval required. The validity of this Agreement shall be expressly conditioned upon City Council action approving the Agreement. Execution of this Agreement by the persons referenced below prior to such ratification or approval shall not be construed as proof of validity in the absence of Meridian City Council approval. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day of, 2015. PROMOTER: Becky Bresh ars Plan Ahead vents - Boise C] 13 PROFESSIONAL SERVICES AGREEMENT— CONCERT SERIES PRODUCTION SERVICES PAGE 7 of 7 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: L. Community Development Block Grant (CDBG) Sub -recipient Agreement for Meridian Food Bank 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 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN FOOD BANK FOR PY 2014 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this AAA day of AP44r 20 IS by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Meridian Food Bank, Inc., a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists individuals and families by providing food, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2014 (PY14); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY14 CDBG funds in the amount of twenty-seven thousand dollars ($27,000) to purchase food supplies for distribution at the Meridian Food Bank, located at 133 W. Broadway Avenue, Meridian, Idaho. Subrecipient shall be responsible for administering its PY2014 CDBG funds in a manner satisfactory to City and consistent with any and all required as a condition of providing these funds. B. National Objective. Subrecipient certifies that the activities carried out City's PY14 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall provide a new public service (24 CFR 570.201(e)) to limited clientele (LMC) (24 CFR § 570.208(a)(2)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve two thousand (2,000) people. 2. Performance measures. This project will provide food for LMI persons. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: a. Family size (number of individuals) of each person or household assisted; and b. Household income of each person or household assisted; and c. Race and ethnicity of individuals assisted; and d. Number of individuals gaining new access to services provided; and e. Number of individuals gaining improved access to services provided. D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. PY14 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 1 OF 13 E. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipients' submitted documents for accuracy and completion, as well as an on-site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall start on January 7, 2015 and end on September 30, 2015. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the form and content as required by City, with every draw request. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome -based measurements as outlined in this Agreement. II. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY14 CDBG funds in the amount of twenty- seven thousand dollars ($27,000) to purchase food assistance to LMI persons. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A- 122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. 6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be PY14 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 2 Or 13 made available for review upon City's request. 8. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 10. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include; but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 11. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. Sub -recipient shall comply with OMB Circular A-133, Subpart B, Section 200(a) which requires that all non -Federal entities that expend $500,000 or more in a year have a single or program -specific audit conducted in accordance with A-133. Sub -recipient shall be willing to allow inquires from the City about the sub -recipient's financial statements and single audit reports. If Subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. C. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances PY14 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 3 OF 13 available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $27,000. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted monthly, no later than twenty-one (2 1) days after the end of the month for which reimbursement is being submitted. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than September 20, 2015 unless otherwise agreed in writing. 5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 6. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR §§ 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to Pv14 SUBRECIPTENT AGREEMENT -MERIDIAN FOOD BANK PAGE 4 OF 13 the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment. F. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce PY14 SUERECIPIENT AGREEMENT - MERIDIAN FOOD BANK PAGE 5 OF 13 such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 706), which prohibits discrimination against the handicapped in any Federally -assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Affirmative Action. 1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority -Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish- speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. PY14 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 6 OF 13 F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.2000). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti -Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." 3. Employment of low- and very -low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation PY14 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 7 OF 13 (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very -low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611m, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. J. Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite PY14 SOBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 8 Or, 13 for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub - awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the PY14 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 9 OF 13 symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Meridian Food Bank Attn: Sean Kelly Attn: Dan Clark CDBG Program Administrator Chairman, Board of Directors 33 E. Broadway Avenue 133 W. Broadway Avenue Meridian, Idaho 83642 Meridian, Idaho 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. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. Specifically, without limitation, Instructor understands, acknowledges, and agrees: 1. Instructor is free from actual and potential control by City in the provision of services under this Agreement. 2. Instructor is engaged in an independently established trade, occupation, profession, or business. 3. Instructor has the authority to hire subordinates. 4. Instructor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. PY14 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 10 OF 13 5. Neither Instructor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the PY14 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 11 OF 13 Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. PY14 SUBRECIPIENT AGREEMENT-MFRIDIAN FOOD BANK PAGE 12 OF 13 M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. 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. Q. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either parry becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. 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. SUBRECIPIENT: Meridian Food Bank —Sp: Dan Clark, rAAgcutive Director o�ARY s • •a '�Om . DA •• ��TE O� o°O•.. O CITY: '••.•.•^° STATE OF IDAHO ) ) ss: County of IPAO, ) I I EEREBY CERTIFY that on this t3 day of t�tcCA, , before the undersigned, a Notary Public in the State of Idaho, personally appeared Dan Clark, proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official st;al the�ay and year in this certificate first above written. Notary /Publicic foo $es�iddingat 1a tcn Idaho MV *. ommission Expires: r City of Meridian an d ii%-�,J By: Tarrmr/de Weerd, Mayor Z,.,,,,,, PY14 SUBR IPIENT AGREEMENT—MERIDIAN V066SANK Clerk PAGE 13 OF 13 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6M PROJECT NUMBER: ITEM TITLE: M. Community Development Block Grant (CDBG) Sub -recipient Agreement for Charitable Assistance to Community's Homeless (CATCH) 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 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND CHARITABLE ASSISTANCE TO COMMUNITY'S HOMELESS (CATCH) FOR PY 2014 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this tr day of AAA*d H , 20 If' by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Charitable Assistance to Community's Homeless, Inc., doing business as CATCH, a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists homeless individuals and families by providing case management and supportive services for rapid re -housing, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2014 (PY14); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: L SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY14 CDBG funds in the amount of eighteen thousand dollars ($18,000) or activities described herein. Subrecipient shall be responsible for administering its PY2014 CDBG funds in a manner satisfactory to City and consistent with any and all required as a condition of providing these funds. B. National Objective. Subrecipient certifies that the activities carried out City's PY14 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall provide a new public service (24 CFR 570.201(e)) to limited clientele (LMC) (24 CFR § 570.208(a)(2)). C. Levels of accomplishment. Goals. Subrecipient will assist seventeen (17) Meridian families over the course of the year to become able to pay their own rent, by providing the following services: a) Providing rental assistance for up to six (6) months in appropriate housing to break their homeless episode and help them become stably housed. b) Providing and connecting them with supportive services that give them the opportunity to stabilize financially, prevent reoccurring homeless episodes, and afford subsidized or market rate housing. c) Providing supportive services to prevent reoccurring homeless episodes, including intensive case management to help participants address personal obstacles (e.g., employment, behavioral patterns, education, counseling, or budgeting) and assisting participants in job search efforts, skill and resume building, preparation of job application materials, mock interviews, personal hygiene, organizational skills, training, and/or coaching. PY14 SUERECIPIENT AGREEMENT -CATCH PAGE 1 OP 14 2. Performance measures. This project will provide case management for homeless individuals to be housed in Meridian. In addition to the normal administrative services required as part of this agreement, Subrecipient agrees to document and report on each and all of the following outcomes: a. Family size (number of individuals) of each person or household assisted; and b. Household income of each person or household assisted; and c. Race and ethnicity of individuals assisted; and d. Number of families gaining new access to services provided; and e. Number of individuals gaining improved access to services provided; and f Number of Meridian families who have become able to pay their own rent. D. Staffing. CDBG funds will be utilized for staffing for case management services. E. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipients' submitted documents for accuracy and completion, as well as an on-site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall start on January 7, 2015 and end on September 30, 2015. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the form and content as required by City, with every draw request. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome -based measurements as outlined in this Agreement. Il. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. Budget. Subrecipient agrees that it shall use City's PY14 CDBG funds in the amount of eighteen thousand dollars ($18,000) for activities described herein. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A- PY14 SUERECIPIENr AGREEMENT- CATCH PAGE 2 OF 14 122, "Cost Principles for Non -Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. 6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until Subrecipient attends this meeting. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. S. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 10. Closeout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 11. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. Sub -recipient shall comply with OMB Circular A-133, Subpart B, Section 200(a) which requires that all non -Federal entities that expend $500,000 or more in a year have a single or program -specific audit conducted in accordance with A-133. Sub -recipient shall be willing to allow inquires from the City about the sub -recipient's financial statements and single audit reports. If Subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. C. Payment Procedures. PY14 SUBRECIPIENT AGREEMENT -CATCH PAGE 3 OF 14 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $18,000. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted monthly, no later than twenty-one (21) days after the end of the month for which reimbursement is being submitted. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD -1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than September 20, 2015 unless otherwise agreed in writing. 5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 6. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non -expendable personal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR §§ 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. Py 14 SUBRECIPIENT AGREEMENT - CATCH PAGE 4 OF 14 E. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR § § 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair market value of the equipment less the percentage of non- CDBG funds used to acquire the equipment. F. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non -expendable property acquired with funds under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. PY14 SUBRECIPIENT AGREEMENT—CATCH PAaE 5 OF 14 IILEMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 706), which prohibits discrimination against the handicapped in any Federally -assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Affirmative Action. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority -Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (5 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish- speaking, Spanish surnamed or Spanish -heritage Americans, Asian -Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. PY14 SUBRECTPIENT AGREEMENT- CATCH PAGE 6 OF 14 E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.2000). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis -Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti -Kickback" Act (40 U.S.C. §§ 276a, 2760, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. PY14 SUBRECIPIENT AGREEMENT- CATCH PAGE 7 OF 14 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." 3. Employment of low- and very -low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very -low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611m, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. PY14 SUBRECIPIENT AGREEMENT- CATCH PAGE 8 OF 14 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. J. Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Farm -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub - awards at all tiers (including subcontracts, sub -grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, etseq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seg., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.P.R. Part 50. PY14 SUBRECIPIENT AGREEMENT- CATCH PAGE 9 OF 14 B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead -Based Paint Regulations, 24 CPR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Attn: Sean Kelly CDBG Program Administrator 33 E. Broadway Avenue CATCH Attn: Wyatt Schroeder Executive Director 503 South Americana Boulevard Meridian, Idaho 83642 Boise, ID 83702 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. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small PY14 SUBRECIPIENT AGREEMEN r- CATCH PAGE 10 OF 14 Business Firms Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. Specifically, without limitation, Instructor understands, acknowledges, and agrees: 1. Instructor is free from actual and potential control by City in the provision of services under this Agreement. 2. Instructor is engaged in an independently established trade, occupation, profession, or business. 3. Instructor has the authority to hire subordinates. 4. Instructor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Instructor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. J. Termination. PY14 SUERECIPrENT AGREEMENT -CATCH PAGE 11 Or 14 Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and PY14 SUBRECIPTFNT AGREEMENT -CATCH PAGE 12 OF 14 supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall famish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. 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. Q. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. 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. Py 14 SUBRECIPIENT AGREEMENT -CATCH PAGE 13 OF 14 SUBRECIPIENT: CATCH, By: Wyatt Sc oeder, Executive Director [3 NoT4gy �•,: *1J8L+C CS CITY: City of By: TanIRfy de Weerd, Mayor STATE OF IDAHO ) k ) SS: County of U� ) /� I HEREBY CERTIFY that on this ` day of before the undersigned, a Notary Public in the State of Idaho, personally appeared Wyatt Schroeder, proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above Ndtary Public for Residing at My Commission y, I al, of JrA gyp.AE Attest: PY14 SUBRECIPIENT AGREEMENT- CATCH PAGE 14 OF 14 Idaho _O Utp Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6N PROJECT NUMBER: ITEM TITLE: N. Meridian Community Block Party 2015 Sponsorship Agreement Between the Boise Co-op and the City of Meridian for a Not -To -Exceed Amount of $1,500.00 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 M NITY, MERIDIAN COMMUNITY BLOCK PARTY 2015 SPONSORSHIP AGREEMENT This MERIDIAN COMMUNITY BLgCK PARTY 201�SPNSORSHIP AGREEMENT ("Agreement") is made on th�is�day of / , 20� ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Boise Co-op, whose address is 888 West Fort Street, Boise, Idaho 83702 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2015 Sponsor of City's Meridian Community Block Party event. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as Exhibit A. 2. Payment. Within thirty (30) days of the Effective Date of this Agreement, Sponsor shall prepay to City one thousand five hundred dollars ($1,500.00). In the event the Sponsor fails to pay this amount in a timely manner as provided herein, City may immediately cancel and void this Agreement. In the event that the Meridian Community Block Party is cancelled for any reason, the amount prepaid shall be refundable. 3. Promotion. With regard to the Meridian Community Block Party, City shall undertake the promotional and advertising efforts enumerated for the sponsors in the Meridian Community Block Party 2015 Sponsor/Partner Packet, attached hereto as Exhibit A. 4. Term. The term of this license shall be from the Effective Date through September 30, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 Meridian Community Block Party is scheduled to be held at Julius M. Kleiner Park Park on September 19, 2015 from 10:00 a.m. to 5:00 p. m., but cancellation may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling Meridian Community Block Party activities, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Julius M. Kleiner MERIDIAN COMMUNnY BLOCK PARTY PRESENTING SPONsoRsmP AGREEMENT PAGE 1 of 6 Memorial Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from the Meridian Community Block Party, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment or materials used by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. 7. Use of City's name, logo. City hereby conveys to Sponsor 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 Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. b. Termination without cause. Either party may terminate this Agreement for any reason or without cause by providing to the other party seven (7) days' written notice. c. No compensation upon termination. In the event of termination, whether for or without cause, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. Notwithstanding this provision, neither party shall be relieved of any liability for damages sustained by the other attributable to a breach of this Agreement. MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 2 of 6 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the Meridian Community Block Party, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor 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 Sponsor'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. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 3 of 6 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written; whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. 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. 20. 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. 21. 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. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Shannon McGuire Shannon@sparkstrats.com City: Colin Moss cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 4 of 6 24, Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 25. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 26. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. 27. Approval Required. This Agreement shall not become effective of binding until approved by the City of Meridian. SPONSOR: X&W Authorized Representative Signature Sialwap eL i41 -- Please Print Name F -W Tammy de 'm Mayor , cry or l 6T e /`4eil' 1 njj oLI79 �u7/'L�QL/7 �a/t c� Title Date ATTEST: Clerk MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 5 of 6 Exhibit A MERIDIAN COMMUNITY BLOCK PARTY 2015 SPONSORSHIP PACKET Kids Corner Sponsor For $1,500 you will receive: • The Kids Corner area will be renamed with your organization/business name at the beginning. Example: [Your Business Name] Kids Corner. Kids Corner activities will include free face painting, balloon twisters, arts and crafts, costumed characters, etc. • Two (2) Kids Corner Sponsor banners will be produced and setup at the front of the Kids Corner area. You will have the opportunity to proof banners before final design is approved by Meridian Parks and Recreation. • The opportunity to set up a 10'x10' booth during the event to promote your business/organization through displays, product sampling, demonstrations, etc. • Your logo linked to your website on the City of Meridian website on the Meridian Community Block Party page recognized as the Kids Corner Sponsor. • Your logo and a link to your website included in promotional e-mail blasts to our distribution list of over 9,000 e-mail addresses. • Your logo and a link to your website on the Meridian Community Block Party event listing on the Meridian Parks and Recreation page on Facebook. This listing will also be posted on the City of Meridian page on Facebook. • Your logo in the Meridian Parks and Recreation Fall Activity Guide in the back cover, full-page color advertisement for the event. Over 25,000 copies are distributed through direct mail and in the Meridian Press. • The right of first refusal to continue as the event's Kids Coner Sponsor in 2016. MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 60 PROJECT NUMBER: ITEM TITLE: O. Meridian Community Block Party 2015 Sponsorship Agreement Between Idaho Central Credit Union and the City of Meridian for a Not -To -Exceed Amount of $3,600.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS MERIDIAN COMMUNITY BLOCK PARTY 2015 SPONSORSHIP AGREEMENT This MERIDIAN COMMUNITY BLOCK RRTY X015 t PONSORSHIP AGREEMENT ("Agreement") is made on this �'day of 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Idaho Central Credit Union, whose address is 4400 Central Way, Chubbuck, Idaho 83202 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2015 Sponsor of City's Meridian Community Block Party event. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as Exhibit A. 2. Payment. Within thirty (30) days of the Effective Date of this Agreement, Sponsor shall prepay to City three thousand six hundred dollars ($3,600.00). In the event the Sponsor fails to pay this amount in a timely manner as provided herein, City may immediately cancel and void this Agreement. In the event that the Meridian Community Block Party is cancelled for any reason, the amount prepaid shall be refundable. 3. Promotion. With regard to the Meridian Community Block Party, City shall undertake the promotional and advertising efforts enumerated for the sponsors in the Meridian Community Block Party 2015 Sponsor/Partner Packet, attached hereto as Exhibit A. 4. Term. The term of this license shall be from the Effective Date through September 30, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 Meridian Community Block Party is scheduled to be held at Julius M. Kleiner Park Park on September 19, 2015 from 10:00 a.m. to 5:00 p. m., but cancellation may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling Meridian Community Block Party activities, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Julius M. Kleiner MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 1 of 6 Memorial Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from the Meridian Community Block Party, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment or materials used by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. 7. Use of City's name, logo. City hereby conveys to Sponsor 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 Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. b. Termination without cause. Either party may terminate this Agreement for any reason or without cause by providing to the other party seven (7) days' written notice. c. No compensation upon termination. In the event of termination, whether for or without cause, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. Notwithstanding this provision, neither party shall be relieved of any liability for damages sustained by the other attributable to a breach of this Agreement. MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 2 of 6 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the Meridian Community Block Party, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor 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 Sponsor'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. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. MERIDIAN CommuNrry BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 3 of 6 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. 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. 20. 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. 21. 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. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of 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: Sensor: Ashlee Hanover ahanover@iccu.com City: Colin Moss emoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 4 of 6 24. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 25. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 26. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. 27. Approval Required. This Agreement shall not become effective of binding until approved by the City of Meridian. SPONSOR: Authorized Representative Signature j I Pe nW Please Print Name CITY W S _0eye1geWr+ Title 0-1t CRK gI7 IS Date ATTEST: Tammy de e . d, Mayor` ,. Clerk MERIDIAN COMMUMTY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 5 of 6 Exhibit A MERIDIAN COMMUNITY BLOCK PARTY 2015 SPONSORSHIP PACKET Presenting Sponsor For $3,600 you will receive: Your business will become a part of the name of the event in all advertising efforts. Positioned as, "Meridian Community Block Party Presented by [Your Business Name Here]." $2,600 of your sponsorship dollars will go directly to the cost of a radio campaign which will include on-site broadcasts with Mix 106 (Kate McGwire) and WOW Country (Alana Lynn) and several spots leading up to the event in which your business will be featured. Specific details of radio campaign available upon request. • Premium space at the event set aside for you to promote your business/organization through displays, product sampling, demonstrations, etc. • Three (3) banners with your logo will be produced and hung at the three entrance points. You will have the opportunity to proof banners before final design is approved by Meridian Parks and Recreation. • Your logo linked to your website on the City of Meridian website on the Meridian Community Block Party page recognized as the Presenting Sponsor. • Your business/organization's logo and links to your website to be included in all other marketing efforts including Facebook, Twitter, an e-mail campaign with over 9,000 e-mail addresses, community calendars, press release, etc. • Your logo in the Meridian Parks and Recreation Fall Activity Guide in the back cover, full-page color advertisement for the event. Over 25,000 copies are distributed through direct mail and in the Meridian Press. • The right of first refusal to continue as the event's Presenting Sponsor in 2016. MERIDIAN COMMUNITY BLACK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 6 Of 6 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6P PROJECT NUMBER: ITEM TITLE: P. Meridian Community Block Party 2015 Sponsorship Agreement Between Meridian United Sports Center Academy and the City of Meridian for a Not -To -Exceed Amount of $750.00 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 �MERIUTANco MERIDIAN COMMUNITY BLOCK PARTY 2015 SPONSORSHIP AGREEMENT This MERIDIAN COMMUNITY BLOCK PARTY 2015 SPONSORSHIP AGREEMENT ("Agreement") is made on this day of .4rt[2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Meridian United Sports Center Academy, whose address is 1465 East Commercial Avenue, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2015 Sponsor of City's Meridian Community Block Party event. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as Exhibit A. 2. Payment. Within thirty (30) days of the Effective Date of this Agreement, Sponsor shall prepay to City seven hundred and fifty dollars ($750.00). In the event the Sponsor fails to pay this amount in a timely manner as provided herein, City may immediately cancel and void this Agreement. In the event that the Meridian Community Block Party is cancelled for any reason, the amount prepaid shall be refundable. 3. Promotion. With regard to the Meridian Community Block Party, City shall undertake the promotional and advertising efforts enumerated for the sponsors in the Meridian Community Block Party 2015 Sponsor/Partner Packet, attached hereto as Exhibit A. 4. Term. The term of this license shall be from the Effective Date through September 30, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 Meridian Community Block Party is scheduled to be held at Julius M. Kleiner Park Park on September 19, 2015 from 10:00 a.m. to 5:00 p. in., but cancellation may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling Meridian Community Block Party activities, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Julius M. Kleiner MERIDIAN COMMUNITY BLocK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 1 of 6 Memorial Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from the Meridian Community Block Party, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment or materials used by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. 7. Use of City's name, logo. City hereby conveys to Sponsor 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 Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. b. Termination without cause. Either party may terminate this Agreement for any reason or without cause by providing to the other party seven (7) days' written notice. c. No compensation upon termination. In the event of termination, whether for or without cause, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. Notwithstanding this provision, neither party shall be relieved of any liability for damages sustained by the other attributable to a breach of this Agreement. MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 2 of 6 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the Meridian Community Block Party, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor 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 Sponsor'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. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 3 of 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. 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. 20. 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. 21. 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. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of 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: Sponsor: Melissa Mendez mmendez@meridianunited.org City: Colin Moss emoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. MERIDIAN COMMUNrrY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 4 of 6 24. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 25. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 26. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. 27. Approval Required. This Agreement shall not become effective of binding until approved by the City of Meridian. SPONSOR: Authorized Representative Signat' e Please Print Name CITY OF IM Tammy de We Mayor TAA'.tv ,l g_L 'pAt-a cam✓\ Title 31z3 1 Is - Date ATTEST: Clerk MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 5 of 6 Exhibit A MERIDIAN COMMUNITY BLOCK PARTY 2015 SPONSORSHIP PACKET Mascot Dance -Off Title Sponsor For $750 you will receive: • The Mascot Dance -Off will be renamed with your organization/business name at the beginning. Example: [Your business name] Mascot Dance -Off. • The opportunity to set up a 10'x10' booth during the event to promote your business/organization through displays, product sampling, demonstrations, etc. • Your logo linked to your website on the City of Meridian website on the Meridian Community Block Party page recognized as the Mascot Dance -Off Presenting Sponsor. • Your logo and a link to your website included in promotional e-mail blasts to our distribution list of over 9,000 e-mail addresses. • Your logo and a link to your website on the Meridian Community Block Party event listing on the Meridian Parks and Recreation page on Facebook. This listing will also be posted on the City of Meridian page on Facebook. • Recognition from the event emcee during the event. • The right of first refusal to continue as the event's Mascot Dance -Off Title Sponsor in 2016. MERIDIAN COMMUNITY BLOCKPARTY PRESENTING SPONSORSHIP AGREEMENT PAGE of Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6Q PROJECT NUMBER: ITEM TITLE: Q. Meridian Community Block Party 2015 Sponsorship Agreement Between CenterCal and the City of Meridian for a Not -To -Exceed Amount of $1,500.00 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 AIA COMMUNITY MERIDIAN COMMUNITY BLOCK PARTY 2015 SPONSORSHIP AGREEMENT This MERIDIAN COMMUNITY BLOCK PARTY 015 SPONSORSHIP AGREEMENT ("Agreement") is made on this- day of 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and CenterCal Properties, whose address is 3600 East Fairview Avenue, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2015 Sponsor of City's Meridian Community Block Party event. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as Exhibit A. 2. Payment. Within thirty (30) days of the Effective Date of this Agreement, Sponsor shall prepay to City one thousand five hundred dollars ($1,500.00). In the event the Sponsor fails to pay this amount in a timely manner as provided herein, City may immediately cancel and void this Agreement. In the event that the Meridian Community Block Party is cancelled for any reason, the amount prepaid shall be refundable. 3. Promotion. With regard to the Meridian Community Block Party, City shall undertake the promotional and advertising efforts enumerated for the sponsors in the Meridian Community Block Party 2015 Sponsor/Partner Packet, attached hereto as Exhibit A. 4. Term. The term of this license shall be from the Effective Date through September 30, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 Meridian Community Block Party is scheduled to be held at Julius M. Kleiner Park Park on September 19, 2015 from 10:00 a.m. to 5:00 p. m., but cancellation may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling Meridian Community Block Party activities, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Julius M. Kleiner MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE I of 6 Memorial Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from the Meridian Community Block Party, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment or materials used by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. Use of City's name, logo. City hereby conveys to Sponsor 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 Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have seven (7) days after receipt of such notice to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon mailing of written notice of such termination by the terminating party. b. Termination without cause. Either party may terminate this Agreement for any reason or without cause by providing to the other party seven (7) days' written notice. c. No compensation upon termination. In the event of termination, whether for or without cause, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. Notwithstanding this provision, neither party shall be relieved of any liability for damages sustained by the other attributable to a breach of this Agreement. MERIDIAN CommuNnY BLOCK PARTY PRESENTING SPONSORSHIl' AGREEMENT PAGE 2 of 6 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from the Meridian Community Block Party, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor 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 Sponsor'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. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. MERIDIAN COMMUMTY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 3 of 6 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. 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. 20. 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. 21. 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. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of 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: Sponsor: Ramona Merrill rmerrill@centercal.com City: Colin Moss cmoss@mcridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. MERIDIAN COMMUNITY BLACK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 4 of 6 24. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 25. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 26. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. 27. Approval Required. This Agreement shall not become effective of binding unfit approved by the City of Meridian. SPONSOR: Authorized Representative Signature J ESR ��c. YL Please Print Name CITY OF MERE BY: Tammy de O� ti 4 s�q X40 Title Date ATTEST: 3 zy. �s Clerk MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 5 of 6 Exhibit A MERIDIAN COMMUNITY BLOCK PARTY 2015 SPONSORSHIP PACKET Stage Sponsor For $1,500 you will receive: • The event stage will be renamed with your organization/business name at the beginning. All performances during the Meridian Community Block Party will take place on the [Your Business Name Here] Stage including the Mascot Dance -Off, local performance groups, and local bands. • Two (2) Stage Sponsor banners will be produced and hung on either side of the stage during the entire event. You will have the opportunity to proof banners before final design is approved by Meridian Parks and Recreation. • The opportunity to set up a 10'x10' booth during the event to promote your business/organization through displays, product sampling, demonstrations, etc. • Your logo linked. to your website.on the City of Meridian website on the Meridian Community Block Party page recognized as the Stage Sponsor. • Your logo and a link to your website included in promotional e-mail blasts to our distribution list of over 9,000 e-mail addresses. • Your logo and a link to your website on the Meridian Community Block Party event listing on the Meridian Parks and Recreation page on Facebook. This listing will also be posted on the City of Meridian page on Facebook. • Recognition from the event emcee during the event. • The right of first refusal to continue as the event's Presenting Sponsor in 2016. MERIDIAN COMMUNITY BLOCK PARTY PRESENTING SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6R PROJECT NUMBER: ITEM TITLE: R. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between Tucanos Brazilian Grill and the City of Meridian for a Not -To -Exceed Amount of $550.00 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 CABLEONEx Ame Night m Meridian Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2015 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2015 SINGLE -NIGHT SPONSORSHIP AGREEMENT ("Agreement") is made on this � day of -4)�, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Tucanos Brazilian Grill, whose address is 1388 South Entertainment Avenue, Boise, Idaho 83709 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's August 14, 2015 installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single - Night sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on March 31, 2015, Sponsor shall prepay to City five hundred and fifty dollars ($550.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE l of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CablCONE Movie Night in Meridian 2015 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor, Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOvni NICHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor 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 Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MOv1E NIGHT SINGLE -NICHT SPONSORSHiP AGREEMENT PAGE 3 DF 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor 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 Sponsor'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. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. 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. 20. 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. MOvai NICHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. 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. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Irene Ortega boisemgr@tucanos.com City: Colin Moss cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: Authorized R esentative Signature lT yn Yl) e SS) Please Print Name CITY OF MERIDIAN: l;, Tammy d erd, Mayor x - ` MOVIE NIGHT S INGLE-NIGHT SPONSORSHIP AGR ET�rIENQ; i nc asnc`�� Date ATTEST: Jaycee l(9%ftal+,-Eity Clerk PAGE 5 of 6 Exhibit A 2015 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. • For an additional $50, the opportunity to sample food or drink at your night. MGvR: NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 65 PROJECT NUMBER: ITEM TITLE: S. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between Parkview Christian Church and the City of Meridian for a Not -To -Exceed Amount of $500.00 MEETING NOTES 1 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS _ CABLE SONE ,-n�� Mwie Night it m Meridian ` '' Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2015 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2015 SINGLE -NIGHT SPONSORSHIP AGREEMENT ("Agreement") is made on this 7-V_ day of _Ap�t�, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Parkview Christian Church, whose address is 201 West Ustick Road, Meridian, Idaho 83646 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's July 3, 2015 installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single - Night sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on March 31, 2015, Sponsor shall prepay to City five hundred dollars ($500.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2015 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor 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 Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in. Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MovIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor 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 Sponsor'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. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. 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. 20. 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. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. 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. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist. in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Nate Lacy nlacy@pccmeridian.org City: Colin Moss cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: Authorized Representativ ignature Please Print Name CITY OF MERIDIAN: IM Tammy de/WV/rd, Mayor MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP Title Date ATTEST: Clerk PAGE 5 of 6 Exhibit A 2015 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must'be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6T PROJECT NUMBER: ITEM TITLE: T. CableONE Movie Night in Meridian 2015 Presenting Sponsorship Agreement Between Saint Alphonsus Medical Group - Meridian Health Plaza and the City of Meridian for a Not -To -Exceed Amount of $3,000.00 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 Merldlan Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2015 PRESENTING SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2015 PRESENT SPONSORSHIP AGREEMENT ("Agreement") is made on this day of _ rt X015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Saint Alphonsus Medical Group — Meridian Health Plaza, whose address is 3025 West Cherry Lane, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Presenting Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2015 Presenting Sponsor of City's weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for presenting sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on March 31, 2015, Sponsor shall prepay to City three thousand dollars ($3,000.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued or shortened for any reason, no portion of the amount prepaid shall be refundable. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for presenting sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2015 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 1 of 6 Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. 7. Use of City's name, logo. City hereby conveys to Sponsor 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 Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 2 of 6 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 3 of 6 12. Waiver. Sponsor 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 Sponsor'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. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. 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. 20. 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. 21. 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. MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 4 of 6 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: City: Corinne Rich Colin Moss coririch@sarmc.org cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: Ho(� &hr\d-e Authorize Representative Signature C*k))C� PleaL�>rt Name CITY OF MERIDIAN: liI) AL, BY: Tammy de�V�e� rd, Mayor � �1? eti I 1 A N �/ 1OA1,O n ? JPE. pJ MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT 9 Date ATTEST: City Clerk PAGE 5 of 6 Exhibit A 2015 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Presenting Sponsor For $3,000 you will receive: • Recognition as the series presenting sponsor for one (1) full season in all promotional efforts such as TV, newspaper, radio, e-mails, internet, and flyers. One season will include up to fourteen (14) shows during the summer months of June, July and August. • The opportunity to setup a booth at each show during your season. • The opportunity to insert one (1) sixty (60) second advertisement into the pre - movie video at each show during your season. • Your logo displayed and your business or organization's name spoken in the "Sponsored by" portion of the welcoming video at every show. • The opportunity to hang one (1) banner on the movie screen and up to two (2) banners no wider than eight (8) feet each around the seating area at each show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website above the movie schedule the CableONE Movie Night in Meridian page. • Your logo in the Meridian Parks and Recreation Summer Activity Guide in the advertisement for the upcoming season. Over 25,000 copies are distributed through direct mail and the West Edition of the Idaho Statesman and the guide is promoted heavily online throughout the summer. *Available only if sponsorship is confirmed by March 31s` Your logo at the top of the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOv1E NIGHT PRESENTING SPONSORSHP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6U PROJECT NUMBER: ITEM TITLE: U. CableONE Movie Night in Meridian 2015 Presenting Sponsorship Agreement Between Connections Credit Union and the City of Meridian for a Not -To -Exceed Amount of $3,000.00 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 Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2015 PRESENTING SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2015 PRESENTING SPONSORSHIP AGREEMENT ("Agreement") is made on this, day of,A4r, �, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Connections Credit Union, whose address is 10536 Emerald Street, Boise, Idaho 83704 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Presenting Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2015 Presenting Sponsor of City's weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for presenting sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on April 18, 2015, Sponsor shall prepay to City three thousand dollars ($3,000.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued or shortened for any reason, no portion of the amount prepaid shall be refundable. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for presenting sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2015 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE I of Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. 7. Use of City's name, logo. City hereby conveys to Sponsor 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 Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 2 of 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 3 of 6 12. Waiver. Sponsor 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 Sponsor'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. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. 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. 20. 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. 21. 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. MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 4 of 6 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Aaron Fewkes aaron@cuconnect.org City: Colin Moss emoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: Authorized Representative Signature 14i o n 'Few key Please Print Name CITY OF MERIDIAN: mprkoA'A 4 �af lu`nATW Title Date ATTEST: IN " of Tammy de 'e r d, Mayor -� Clerk MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 5 of 6 Exhibit A 2015 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Presenting Sponsor For $3,000 you will receive: • Recognition as the series presenting sponsor for one (1) full season in all promotional efforts such as TV, newspaper, radio, e-mails, internet, and flyers. One season will include up to fourteen (14) shows during the summer months of June, July and August. • The opportunity to setup a booth at each show during your season. • The opportunity to insert one (1) sixty (60) second advertisement into the pre - movie video at each show during your season. • Your logo displayed and your business or organization's name spoken in the "Sponsored by" portion of the welcoming video at every show. • The opportunity to hang one (1) banner on the movie screen and up to two (2) banners no wider than eight (8) feet each around the seating area at each show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website above the movie schedule the CableONE Movie Night in Meridian page. • Your logo in the Meridian Parks and Recreation Summer Activity Guide in the advertisement for the upcoming season. Over 25,000 copies are distributed through direct mail and the West Edition of the Idaho Statesman and the guide is promoted heavily online throughout the summer. *Available only if sponsorship is confirmed by March 31ST • Your logo at the top of the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT PRESENTING SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: V. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between RC Willey and the City of Meridian for a Not -To -Exceed Amount of $500.00 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 fi t I � i 1 ( 1 Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2015 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2014 SINGLE -NIGHT SPONSORSHIP AGREEMENT ("Agreement") is made on this �q` ay of L, 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and RC Willey, whose address is 3301 East Lanark Drive, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's June 12`h installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single - Night sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on March 31, 2015, Sponsor shall prepay to City five hundred dollars ($500.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CablcONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2015 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor 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 Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MoviE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor 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 Sponsor'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. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. 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. 20. 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. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. 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. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Katie Vaage katie.vaage@rcwilley.com City: Colin Moss emoss@mcridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: Pmt, -�- Authorized Representative Signature -J-(-) hy E✓i S e/ Please Print Name CITY OF MERIDIAN: Tammy 0 Weerd, Mayor MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP 2EErNT r Title '1A3 //5- Date ATTEST: Clerk PAGE 5 of 6 Exhibit A 2015 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6W PROJECT NUMBER: ITEM TITLE: W. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between Meridian United Sports Center Academy and the City of Meridian for a Not - To -Exceed Amount of $500.00 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 Merldlan Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2015 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2014 SINGLE -NIGHT SPONSORSHIP AGREEMENT ("Agreement") is made on this!—day of .. %\ 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Meridian United Sports Center Academy, whose address is 1465 East Commercial Avenue, Meridian, ID 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's July 10`h installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single - Night sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on March 31, 2015, Sponsor shall prepay to City five hundred dollars ($500.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2015 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOVIE NIGHT SAIGLE-NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor 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 Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor 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 Sponsor'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. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. 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. 20. 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. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. 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. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Melissa Mendez mmendez@meridianunited.org City: Colin Moss cmoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR: Authorized Representative SigiQture Yyie hd eL Please Print Name CITY OF MERIDIAN: Tammy de)KA7 rd, Mayor MOvIE NIGHT SINGLE -NIGHT SPONSORSHIP Title Date ATTEST: City Clerk PAGE 5 of 6 Exhibit A CABLEONE MOVIE NIGHT IN MERIDIAN 2015 SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo and a link to your website on your movie night's event listing on the Meridian Parks and Recreation page on Facebook. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6X PROJECT NUMBER: ITEM TITLE: X. CableONE Movie Night in Meridian 2015 Single -Night Sponsorship Agreement Between the Meridian Library District and the City of Meridian for a Not -To -Exceed Amount of $500.00 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 Tel "T 4 ' I � Meridian Settlers Park CABLEONE MOVIE NIGHT IN MERIDIAN 2015 SINGLE -NIGHT SPONSORSHIP AGREEMENT This CABLEONE MOVIE NIGHT IN MERIDIAN 2014 SINGLE -NIGHT SPONSORSHIP AGREEMENT ("Agreement") is made on this'- day of , 2015 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho, whose address is 33 E. Broadway Avenue, Meridian, Idaho ("City"), and Meridian Library District, whose address is 1326 West Cherry Lane, Meridian, Idaho 83642 ("Sponsor"). For good and valuable consideration and in consideration of the mutual promises and covenants herein contained, City and Sponsor agree as follows: 1. Single -Night Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, the Single -Night Sponsor of City's June 5`h, 2015 installment of the weekly summer CableONE Movie Night in Meridian event series. As such, benefits insuring to Sponsor throughout the term of this Agreement shall include those enumerated for Single - Night sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on March 31, 2015, Sponsor shall prepay to City five hundred dollars ($500.00). In the event the Sponsor fails to pay this amount in full in a timely manner as provided herein, City may terminate this Agreement in the manner therefor as set forth herein. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened before Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, though City shall issue a two hundred and fifty dollar ($250.00) credit to Sponsor for redemption as a sponsor in the following season. City shall make all decisions regarding scheduling. In the event that the CableONE Movie Night in Meridian program is discontinued, or the showing is cancelled or shortened after Sponsor's promotional video is shown, no portion of the amount prepaid shall be refundable, and no raincheck shall issue. 3. Promotion. a. City's efforts. With regard to CableONE Movie Night in Meridian, City shall undertake the promotional and advertising efforts enumerated for Single -Night Sponsors in the CableONE Movie Night in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. MOv1E N1oHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 1 of 6 b. Promotional Item Limitations. The sale or distribution of any food, drink, or other promotional item by Sponsor at Sponsor's booth, as allowed in the CableONE Movie Night in Meridian 2015 Sponsorship Packet attached hereto as Exhibit A, shall not be permitted without prior written permission from City. Such permission may be withheld or revoked at any time and for any reason. City may also, at any time, require that Sponsor discontinue the distribution of any promotional item that City deems to be negatively impacting concessions sales or deems not to be appropriate. c. Video production. City, in its sole discretion, may edit, reduce, cancel, or reject, at any time, any audio, video, or written material submitted, used, or created by Sponsor. Any pre -approval by City shall not be considered a waiver of the right to revoke or edit any such material during the term of this Agreement. Further, Sponsor warrants and represents that, as to all content of the video pieces created or produced pursuant to this Agreement, Sponsor shall, and hereby agrees to, indemnify, defend and hold harmless City from all claims, suits, judgments, proceedings, losses, damages, costs, and expenses, of any nature whatsoever, including attorneys' fees, for which the City may become liable by reason of City's displaying of Sponsor's audio or video copy, artwork, or other content, including but not limited to claims for libel, violation of privacy, plagiarism, or copyright violations. 4. Term. The term of this agreement shall be from the Effective Date through September 1, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 CableONE Movie Night in Meridian event series schedule shall include twelve to fourteen (12-14) weekly movie showings during June, July, and August, but cancellation of any or all movie showings may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling CableONE Movie Night in Meridian and all movies and activities related thereto, including any and all related activities by Sponsor. The parties hereto expressly acknowledge that Settlers Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. Any right or privilege granted to Sponsor by this Agreement shall include neither the right to exclude any law-abiding person from CableONE Movie Night in Meridian, nor the right to interfere with any person's concurrent, lawful use of Settlers Park where such concurrent use does not conflict or interfere with Sponsor's use. 6. Insurance Sponsor's responsibility. City shall not provide insurance to cover loss, theft, or damage of any equipment, materials, or personnel used or employed by Sponsor in the furtherance of this Agreement, or to cover any activity undertaken by Sponsor in the exercise of the rights or the furtherance of the obligations described herein. Any and all insurance of each party's respective property and personnel shall be the sole responsibility of that party. Sponsor shall obtain all necessary insurance as may be required in order to protect Sponsor's insurable interests for Sponsor's rights and obligations described within this Agreement, including, but not limited to, liability insurance, automobile insurance, worker's compensation insurance, and/or property insurance. MOvIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 2 of 6 7. Use of City's name, logo. City hereby conveys to Sponsor 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 Sponsor shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. 8. Termination. a. Termination for cause. If either Party determines that the other has failed to comply with any term or condition of this Agreement, violated any of the covenants, agreements, and/or stipulations of this Agreement, engaged in any act of misconduct in the performance of this Agreement; or if either Party willfully or negligently defaults in, or fails to fulfill, its material obligations under this Agreement, the other Party shall have the right to terminate the Agreement by giving written notice to the defaulting party of its intent to terminate, and shall specify the grounds for termination. The defaulting party shall have two (2) days after such notice is sent to cure the default. If the default is not cured within such period, this Agreement shall be terminated upon written notice of such termination by the terminating party. b. No compensation upon termination. In the event of termination, neither Party shall be entitled to compensation or damages for any equipment or materials provided pursuant to this Agreement or obligations incurred in furtherance of the rights conveyed by this Agreement. 9. Photography and recording. City shall be authorized to photograph, record, video tape, reproduce, transmit, or disseminate, in or from CableONE Movie Night in Meridian, all related activities for educational and public information purposes. City shall not be responsible for the actions of persons who are not under its employment or control. 10. Relationship of Parties. It is the express intention of Parties that Sponsor is an independent contractor 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 Sponsor and City or between Sponsor and any official, agent, or employee of City. Both parties acknowledge that Sponsor is not an employee of City. Sponsor shall retain the right to perform services for others during the term of this Agreement. Sponsor shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. 11. Indemnification. Sponsor specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Sponsor, to Sponsor's personal property or equipment, and to Sponsor's employees, agents, or volunteers arising out of or resulting from the condition of City's real or personal property or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Sponsor further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 3 of 6 arising out of or resulting from the use of City's real or personal property by Sponsor or by Sponsor's employees, agents, volunteers, or invitees and not caused by or arising out of the tortious conduct of City or its employees or volunteers. 12. Waiver. Sponsor 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 Sponsor'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. 13. Taxes. Sponsor shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to this Agreement. 14. Time of the essence. Sponsor acknowledges that services provided under this Agreement shall be performed in a timely manner. The Parties acknowledge and agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely perforin any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 15. Compliance with law. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. 16. Non-discrimination. Throughout the course of this Agreement, Sponsor shall not discriminate against any person as to race, creed, religion, sex, age, national origin, sexual orientation or any physical, mental, or sensory handicap. 17. Entire Agreement. This Agreement constitutes the entire understanding between the Parties. This Agreement supersedes any and all statements, promises, or inducements made by either party, or agents of either party, whether oral or written, whether previous to the execution hereof or contemporaneous herewith. The terms of this Agreement may not be enlarged, modified or altered except upon written agreement signed by both parties hereto. 18. Costs and attorneys' fees. If either party brings any action or proceedings to enforce, protect or establish any right or remedy under the terms and conditions of this Agreement, the prevailing party shall be entitled to recover reasonable costs and attorneys' fees, as determined by a court of competent jurisdiction, in addition to any other relief awarded. 19. 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. 20. 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. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 4 of 6 21. 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. 22. No assignment. Sponsor shall not assign, sublet, subcontract, or transfer its rights or responsibilities hereunder without the express written consent of City. Should Sponsor cease to exist in its current form, this Agreement and all rights granted to Sponsor hereunder shall be void. 23. Notice. Any and all notice required to be provided by either of the Parties hereto, unless otherwise stated in this Agreement, shall be in writing and shall be deemed communicated upon sending an e-mail message, addressed as follows: Sponsor: Kate Radford kate@mld.org City: Colin Moss emoss@meridiancity.org Either party may change its e-mail address for the purpose of this paragraph by giving written notice of such change in the manner herein provided. 24. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 25. Warranty of authority. The undersigned expressly warrants that, to the extent set forth herein, he is duly authorized to act as the representative and agent of Sponsor. The undersigned further warrants that he is authorized to bind Sponsor to the obligations set forth herein, and to accept the liabilities as established herein on behalf of Sponsor. SPONSOR- 4 Authorized Repre entative Signature Title " A rIA - Q�'1' K'h2TI �J Please Print Name Date CIT) M. MOVIE Exhibit A 2015 CABLEONE MOVIE NIGHT IN MERIDIAN SPONSORSHIP PACKET Single Night Sponsor For $500 you will receive: • Recognition as one event's sponsor in all promotional efforts for that event. • The opportunity to promote your business or organization at your movie night through product displays, sampling, demonstrations, etc. It is also encouraged to organize activities that add to the appeal of your movie night. Examples include bounce houses, live bands, games, raffles, etc. • The opportunity to insert one (1) thirty (30) second advertisement into the pre -movie video at your movie night. • The opportunity to hang up to two (2) banners no wider than eight (8) feet each around the seating area during your show. Banners around seating area must be free-standing. There will be no fences, trees, buildings, etc around the seating area to hang your banner on. • Your logo linked to your website on the City of Meridian website next to your event's listing on the CableONE Movie Night in Meridian page. • Your logo next to your event's listing on the CableONE Movie Night in Meridian flyers that are distributed throughout the season. MOVIE NIGHT SINGLE -NIGHT SPONSORSHIP AGREEMENT PAGE 6 of 6 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Y. Development Agreement for Approval: AZ 14-015 Granton Square by Granton Properties, LLC Located on the East Side of N. Locust Grove Road, South of E. Ustick Road. Request: Annexation and Zoning of 5.13 Acres With 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 ADA COUNTY RECORDER Christopher D. Rich 2015-028397 BOISE IDAHO Pgs=39 BONNIE 04/081201510:35AM MERIDIAN CITY NO FEE IIIIIII III I III I IIIIIIIIIIIIII I II III I III III III I III 00084138201500283970390388 DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Karl and Carol Moxley, Owners 3. Granton Square Properties, LLC, Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this ---I- day of LN. , 2015, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Karl and Carol Moxley, whose address is 2680 N. Locust Grove, Meridian, Idaho 83642, hereinafter called OWNERS and Granton Square Properties, LLC, whose address is PO Box 8256, Boise, Idaho 83707, hereinafter called DEVELOPER. RECITALS: 1.1 WHEREAS, Owners are the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, Idaho Code § 67-6511 A provides that cities may, by ordinance, require or permit as a condition of zoning that the Owners and/or Developer make a written commitment concerning the use or development ofthe subject Property; and 1.3 WHEREAS, City has exercised its statutory authority by the enactment of Section 11-511-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re -zoning of land; and 1.4 WHEREAS, Owners and/or Developer has submitted an application for the annexation of approximately 5.13 acres of land from the RUT zoning district in Ada County to the R-8 (Medium Density Residential) zoning district (as described in Exhibit "A"), under the Unified Development Code, which generally describes how the Property will be developed and what improvements will be made; and 1.5 WHEREAS, Owners and/or Developer made representations at the public hearings both before the Meridian Planning & Zoning Commission and before the Meridian City Council, as to how the Property will be developed and what improvements will be made; and DEVELOPMENT AGREEMENT — GRANTON SQUARE (AZ — 14-015) PAGE 1 OF 9 1.6 WHEREAS, the record of the proceedings for the requested preliminary plat on the Property held before the Planning & Zoning Commission, and subsequently before the City Council, includes responses of government subdivisions providing services within the City of Meridian planning jurisdiction, and includes further testimony and comment; and 1.7 WHEREAS, on the 17`1' day of March, 2015, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement and attached as Exhibit "B"; and 1.8 WHEREAS, the Findings require the Owners and/or Developer to enter into a Development Agreement before the City Council takes final action on final plat; and 1.9 WHEREAS, Owners and/or Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request; and 1.10 WHEREAS, City requires the Owners and/or Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement, herein being established as a result of evidence received by the City in the proceedings for zoning designation from government subdivisions providing services within the planning jurisdiction and from affected property owners and to ensure zoning designation are in accordance with the amended Comprehensive Plan of the City of Meridian on April 19, 2011, Resolution No. 11-784, and the UDC, Title 11. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 3. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. DEVELOPMENT AGREEMENT - GRANTON SQUARE (AZ -14-015) PAGE 2 OF 9 3.2 OWNERS: means and refers to Karl and Carol Moxley, whose address is 2680 N. Locust Grove Road, Meridian, Idaho 83642, the party that owns said Property and shall include any subsequent owner(s) of the Property. 3.3 DEVELOPER: means and refers to Granton Square Properties, LLC, whose address is PO Box 8256, Boise, Idaho 83707, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.4 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit "A" describing the parcels to be re -zoned Medium Density Residential (R-8) and attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under the UDC. 4.2 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5.1. Owners and/or Developer shall develop the Property in accordance with the following special conditions: 5.1.1 Development of this site shall substantially comply with the preliminary plat and landscape plan in Exhibit A of the attached Findings of Fact and Conclusions of Law with attached Staff Report (Exhibit B). 5.1.2 Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4. A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the rear facades that face N. Locust Grove Road (Lots 3-5, 7 & 8, Block 1). 5.1.3 A maximum of twenty-eight (28) single family detached homes shall be constructed on the site. 5.1.4 The applicant shall provide a minimum of 5.5% common open space and a plaza with a bench as an amenity. 6. COMPLIANCE PERIOD This Agreement must be fully executed within two (2) years after the date of the Findings for the annexation and zoning or it is null and void. 7. DEFAULT/CONSENT TO DE -ANNEXATION AND REVERSAL OF DEvELOPMENr AGREEMENT -GRANTON SQUARE (AZ- 14-015) PAGE 3 OF 9 ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice and Cure Period. In the event of Owners and/or Developer's default of this Agreement, Owners and/or Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 7.3 Remedies. In the event of default by Owners and/or Developer that is not cured after notice as described in Section 7.2, Owners and/or Developer shall be deemed to have consented to modification of this Agreement and de - annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code § § 67-6509 and 67-6511. Owners and/or Developer reserves all rights to contest whether a default has occurred. This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owners and/or Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 7.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owners and/or Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such performance shall be extended by the amount of time of such delay. 7.5 Waiver. A waiver by City of any default by Owners and/or Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 8. INSPECTION: Owners and/or Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and DEVELOPMENT AGREEMENT- GRANTON SQUARE (AZ- 14-015) PAGE 4 OF 9 written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and all other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record this Agreement, including all of the Exhibits, and submit proof of such recording to Owners and/or Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the re -zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: City shall, following recordation ofthe duly approved Agreement, enact a valid and binding ordinance zoning the Property as specified herein. 11. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under the UDC, to insure the installation of required improvements, which the Owners and/or Developer agree to provide, if required by the City. 12. CERTIFICATE OF OCCUPANCY: No Certificates of Occupancy shall be issued in any phase in which the improvements have not been installed, completed, and accepted by the City, or sufficient surety of performance is provided by Owners and/or Developer to the City in accordance with Paragraph 11 above. 13. ABIDE BY ALL CITY ORDINANCES: That Owners and/or Developer agree to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 14. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, Idaho 83642 OWNERS with copy to: City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 DEVELOPER: Karl and Carol Moxley Granton Square Properties, LLC 2680 N. Locust Grove Road PO Box 8256 Meridian, ID 83642 Boise, ID 83707 DEVELOPMENT AGREEMENT -GRANfON SQUARE (AZ- 14-015) PAGE 5 of 9 14.1 A party shall have the right to change its address by delivering to the other parry a written notification thereof in accordance with the requirements of this section. 15. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing parry shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's 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. 16. 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 other party so failing to perform. 17. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owners and/or Developer, each subsequent owner and any other person acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereof and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owners and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owners and/or Developer have fully performed their obligations under this Agreement. 18. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 19. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 20. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision in this Agreement, the parties agree to cooperate in defending such action or proceeding. 21. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owners and/or Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owners and/or Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. DEVELOPMENT AGREEMENT- GRANTON SQUARE (AZ- 14-015) PAGE 6 OF 9 21.1 No condition governing the uses and/or conditions governing re -zoning ofthe subject Property herein provided for can be modified or amended without the approval ofthe City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 22. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date the Meridian City Council shall adopt the amendment to the Meridian Zoning Ordinance in connection with the annexation and zoning of the Property and execution of the Mayor and City Clerk. [end of text; signatures, acknowledgements, and Exhibits A and B follow] ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNERS: DEVELOPER: Granton Square Properties, L By: 7:z J) ATTEST: n �8 CITY OF MERIDIAN By. Mayor T de Weerd .a 0 • .,r?}'Ai'41; 4�fycee(q Holman, City Clerk r. ; DEvELOPMENT AGREEMENT- GRANTON SQUARE (AZ- 14-015) PAGE 7 of 9 STATE OF IDAHO ) ss: County of Ada, On this 2(f day of n=n 2015, before me, the undersigned, a Notary Public in and for said State, personally appeared Karl Moxley, known or identified to me and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) C,OTA-k, I. pU13L%� . F OF 10 too ........... STATE OF IDAHO ) ss: County of Ada, v�1�J�1 Notary Public for Idaho Residing at: V Z My Commission Expires: C adl On this o .qday of f (-'0ijCk\ , 2015, before me, the undersigned, allotary Public in and for said State, personally appeared Carol Moxley, known or identified to me and acknowledged to me that she executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) q• 6lop r Q ANX, 10 10• �Sa;A�T:j�M•..�M'4`r,I� Notary Public for Idaho Residing at: 7r- • _ NTARy My Commission Expires: g Vit• �'p'g,�tG •i • EOF P •.,, so"o • DEVELOPMENT AGREEMENT — GRANTON SQUARE (AZ —14-015) PAGE 8 OF 9 STATE OF IDAHO ) ss: County of Ada, On this lT day of /022�0_15, before me, the undersigned, a Notary Public in and for said State, personally appeared (� dal S. N ah n o known or identified to me to be the U of Granton Square Properties, LLC, and acknowledged to me that he executed the same on behalf of said Company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) STATE OF IDAHO ) ss County of Ada Residing at: My Commission i On this day of y1 2015, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. .•'LCA Jp •. (SEAL) ycy,0 �PfC{'�•� ••9� �+ t7F �0;: Residing at: v iii Commission expires: ao DEvELOPMENT AGREEMENT - GRANPON SQUARE (AZ - 14-015) PAGE 9 OF 9 EXHIBIT A COMPASS LAND SIMYMNG, P.LLC. 419 Madrone Gr. Telephone: (208) 442-0115 Nampa, Idaho 83686 Frac (208) 327-2106 Ema6: rgrow0�9maiisorn Coarse Date: November tri, 2014 Job No.: 7514 ANNEXATION DESCRIPTION A parcel of land IWA9 a ponlon of the N 112 of 9e SW 114 of the NW 114 of Section 5, Township 3 North, Rano* 1 East. Bole* Meridian, Ada County Idaho, more Particularly d000dbod as follows: Commencing at a found 3 inch diameter brass disk stampod'LS 7314" motMnp the 8W corner of said NW 114, (114 owner conwrwn to actions 5 and 8), sold comer boon 411.006241260 W., a distance of 2003,61 feet from a found brass disk stamped *L8 73140 marft the NW carer of sold NW 1/4, (Section oaror common to s*edom 31, 32, 5 and 0): Theme along the waetory boundary of said NW 114, N. 00.24'25"E. a distance of 065.36 Not, (formwy N. 004 42'00' W., a distance of 669.00 fa0, to the Po/NT OFOEOINNIN4 Thew continuing along the westerly boundary of ala NW 114, N. W 24'2V E., a dNtanoa of 390AS fat, gNrmwty N. 000 42'00' W., a pens of 397.00 face, to a ppm marking the south went corner Of Lot 13 fork 3 ommied of Chamberlain Estates Subdivision as on Me in Boob 71 of Plots at Pape 7299 in the Office of tin Recorder of Ado County, 1009, recorded as Instrument No. 900329M Thence along the southerly boundary o1 said Lot 13, 8.4190 42' 17 E., a dtetence of WAS Net, (formerly N. 690 11' 20' E., a distance of 004.116 foes, to a point marking the westerly boundary of sold Chembedaln Eetatas SubdMsion: Thence along the westerly boundary of sold CMmboilon Estatas Subdivision, S. 040 31' O0' E„ a distance 0003,13 fat, (formerly 3.05' 37'3W E„ a distance of 390.63 W%to a point marking the northerly boundaryof Chateau Meadows East Na 9 aeon 6N er 0 p WIn Bo1 eb of Pepe 6000 M tho OH1os olere R*oorderof Ads County, Idaho, recorded a Instrument No, 9284132: Thaw along the nathaly boundary of said Chateau Meadows East No. 0 and along 9ro northerly boundary of Chateau Mesdows Esq No. 0 as on filo In Book g9 p Plate at Page 6834 In the= of the Recorder of Ada County, Idaho, rocordod a Instrument No, 9216017, N. Stat 35' 60'W, a distance of 58SAl tat, (formerly S. Air 12' 38' W. a dklsnoo of 588,88 fool), to tin Aawr OFBEOINNM This percol oontalee S.13 acres mese or less. Granton Square — AZ 14-015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER �EIDIZ IAN,__ In the Matter of the Request for Annexation and Zoning of 5.13 Acres of Land with the R-8 Zoning District and Preliminary Plat Consisting of 28 Residential Building Lots and 7 Common/Other Lots on 4.81 Acres of Land, Located on the East side of N. Locust Grove Road, South of E. Ustick Road, by Granton Square Properties, LLC Case No(s). AZ -14-015; PP -14-019 For the City Council Hearing Date of: March 3, 2015 (Findings on March 17, 2015) A. Findings of Fact 1. Hearing Facts (see attached Staff Report for the hearing date of March 3, 2015, incorporated by reference) 2. Process Facts (see attached Staff Report for the hearing date of March 3, 2015, incorporated by reference) 3. Application and Property Facts (see attached Staff Report for the hearing date of March 3, 2015, incorporated by reference) 4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing date of March 3, 2015, incorporated by reference) B. Conclusions of Law 1. The City of Meridian shall exercise the powers conferred upon it by the "Local Land Use Planning Act of 1975," codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503). 2. The Meridian City Council takes judicial notice of its Unified Development Code codified at Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps. 3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A. 4. Due consideration has been given to the comment(s) received from the governmental subdivisions providing services in the City of Meridian planning jurisdiction. 5. It is found public facilities and services required by the proposed development will not impose expense upon the public if the attached conditions of approval are imposed. CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-015; PP -14-019 -1- 6. That the City has granted an order of approval in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the Planning Division, the Public Works Department and any affected party requesting notice. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the hearing date of March 3, 2015, incorporated by reference. The conditions are concluded to be reasonable and the applicant shall meet such requirements as a condition of approval of the application. C. Decision and Order Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that: 1. The applicant's request for annexation and zoning is hereby approved with the requirement of a development agreement containing the provisions in Exhibit B of the Staff Report for the hearing date of March 3, 2015, attached as Exhibit A. 2. The applicant's request for preliminary plat is hereby approved per the conditions included in Exhibit B of the Staff Report for the hearing date of March 3, 2015, attached as Exhibit A. D. Notice of Applicable Time Limits Notice of Preliminary Plat Duration Please take notice that approval of a preliminary plat, combined preliminary and final plat, or short plat shall become null and void if the applicant fails to obtain the city engineer's signature on the final plat within two (2) years of the approval of the preliminary plat or the combined preliminary and final plat or short plat (UDC 11 -6B -7A). In the event that the development of the preliminary plat is made in successive phases in an orderly and reasonable manner, and conforms substantially to the approved preliminary plat, such segments, if submitted within successive intervals of two (2) years, may be considered for final approval without resubmission for preliminary plat approval (UDC 11 -6B -7B). Upon written request and filed by the applicant prior to the termination of the period in accord with 11 -6B -7.A, the Director may authorize a single extension of time to obtain the City Engineer's signature on the final plat not to exceed two (2) years. Additional time extensions up to two (2) years as determined and approved by the City Council may be granted. With all extensions, the Director or City Council may require the preliminary plat, combined preliminary and final plat or short plat to comply with the current provisions of Meridian City Code Title 11. If the above timetable is not met and the applicant does not receive a time extension, the property shall be required to go through the platting procedure again (UDC 11- 6B -7C). Notice of Two (2) Year Development Agreement Duration The development agreement shall be signed by the property owner and returned to the City within two (2) years of the City Council granting annexation and/or rezone (UDC 11 -5B -3D). A modification to the development agreement may be initiated prior to signature of the CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-015; PP -14-019 -2- agreement by all parties and/or may be requested to extend the time allowed for the agreement to be signed and returned to the City if filed prior to the end of the two (2) year approval period (UDC 11-513-3F). E. Notice of Final Action and Right to Regulatory Takings Analysis 1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development application entitles the Owner to request a regulatory taking analysis. Such request must be in writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at issue. A request for a regulatory takings analysis will toll the time period within which a Petition for Judicial Review may be filed. 2. Please take notice that this is a final action of the governing body of the City of Meridian. When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person who has an interest in real property which may be adversely affected by the final action of the governing board may within twenty-eight (28) days after the date of this decision and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code. F. Attached: Staff Report for the hearing date of March 3, 2015 CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-015; PP -14-019 -3- By action of the City Council at its regular meeting held on the /�Il day of , 2015. COUNCIL PRESIDENT CHARLIE ROUNTREE VOTED COUNCIL VICE PRESIDENT KEITH BIRD VOTED COUNCIL, MEMBER DAVID ZAREMBA VOTED COUNCIL MEMBER JOE BORTON VOTED COUNCIL MEMBER LUKE CAVENER VOTED COUNCIL MEMBER GENESIS MILAM VOTED MAYOR TAMMY de WEERD VOTED (TIE BREAKER) Mayor Ta de Weerd Copy served upon Applicant, The Planning Division, Public Works Department and City Attorney. Dated: i 1 City AIerk's ffice CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER CASE NO(S). AZ -14-015; PP -14-019 -4- EXHIBIT A STAFF REPORT Hearing Date: March 3, 2015 TO: Mayor and City Council E+ FROM: Bill Parsons, Planning Supervisor (208) 884-5533 Bruce Freckleton, Development Services Manager (208) 887-2211 SUBJECT: Granton Square — AZ 14-015 and PP -14-019 1. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The applicant, Granton Square Properties, LLC has applied for annexation (AZ) of 5.13 acres of land with an R-8 zoning district and preliminary plat (PP) consisting of twenty-eight (28) single-family residential lots with four (4) common/other lots on approximately 4.81 acres of land. See Section 9 of the staff report for more information. 2. SUMMARY RECOMMENDATION Staff recommends approval of the proposed annexation and preliminary plat with the conditions listed in Exhibit B, based on the Findings of Fact and Conclusions of Law in Exhibit D. The Meridian Planning and Zoning Commission heard these items on February 5, 2015. At the public hearing, the Commission moved to recommend approval of the subiect AZ and PP requests. a. Summary of Commission Public Hearing: i. In favor: Randy Clarno ii. In opposition: None iii. Commenting: None iv. Written testimonv: Kirsti Allnhin. Applicant's representative response to the staff report. v. Staff presenting application: Bill Parsons A. Other staff commenting on application: Ted Baird b. Key Issue(s) of Discussion by Commission: L None c. Key Commission Changes) to Staff Recommendation: L Commission modified DA provision b replacing Lots 2-6, Block 1 and Lot 2, Block 3 with Lots 3-5, 7 and 8, Block 1. ii. Commission modified DA provision d replacing 1,720 square feet of open space with 2,400 square feet. iii. Commission struck condition of approval 1.2.1a. iv. Commission modified condition of approval 1.2.1b. replacing Lots 10-11, Block 3 with Lots 6-11 and Lots 17-18, Block 1. v. Commission modified condition of approval 1.2.2b requiring the applicant submit a detail for the plaza and bench with the final plat application. A. Commission added a new condition requiring Lots 8-9, Block 2 to front on N. Lochness Wav if the existing residence is not to remain as part of the development. d. Outstanding Issue(s) for City Council: L None Granton Square - AZ -14-015 & PP -14-019 Page 1 EXHIBIT A The Meridian City Council heard these items on March 3, 2015. At the public hearing. the Council approved the subject AZ and PP request. Summary of City Council Public Hearing: Li In favor: Randy Clarno Hi In opposition: None iii Commenting: None iy� Written testimony: Kirsti Allphin, Applicant's representative -Y. Staff presenting application: Bill Parsons A Other staff commenting on application: None b- Key Issues of Discussion by Council: L The intent of the architectural embellishments on the rear facades adjacent to N. Locust Grove Road. c� Key Council Changes to Staff/Commission Recommendation L Council modified DA provision d. to require the development to provide a minimum of ° ° open space and a plaza with a bench as an amenity. ji Council struck condition of approval —12.2c. 3. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to approve File Numbers AZ -14- 015 and PP -14-019 as presented in staff report for the hearing date of March 3, 2015 with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to deny File Numbers AZ -14-015 and PP -14-019 as presented in staff report for the hearing date of March 3, 2015 for the following reasons: (You should state specific reasons for denial of the applications.) Continuance I move to continue File Numbers AZ -14-015 and PP -14-019 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) 4. APPLICATION AND PROPERTY FACTS a. Site Address/Location: (Parcel # S1105233842) The site is located on the east side of N. Locust Grove Road, south of E. Ustick Road in the NW 1/4 of Section 5, T.3N., RJE. b. Applicant: Granton Square Properties, LLC P.O. Box 8256 Boise, ID 83707 c. Owner: Karl and Carol Moxley 2680 N. Locust Grove Road Meridian, ID 83642 d. Representative: Kirsti Allphin, KM Engineering, LLP 9233 W. State Street Granton Square - AZ -14-015 & PP -14-019 Page 2 EXHIBIT A Boise, ID 83714 e. Applicant's Request: Please see applicant's narrative for this information. 5. PROCESS FACTS a. The subject applications are for annexation and a preliminary plat. A public hearing is required before the Planning and Zoning Commission and City Council on this matter, consistent with Meridian City Unified Development Code Title 11, Chapter 5. b. Newspaper notifications published on: December 29, 2014 and January 12, 2015 (Commission); February 9, and 23, 2015 (Council) c. Radius notices mailed to properties within 300 feet on: December 18, 2014 (Commission); February 9, 2015 (Council) d. Applicant posted notice on site by: December 24, 2014 (Commission); February 20, 2015 Council 510 1-1_I�L,Ia11.� a. Existing Land Use(s): The subject site consists of a single family residence and a detached accessory structure that may remain with the development of the proposed subdivision. b. Description of Character of Surrounding Area and Adjacent Land Uses and Zoning: Except for the Ada County parcel to the north (RUT), this property is primarily surrounded by residential subdivisions, zoned R-8. c. History of Previous Actions: NA d. Utilities: 1. Public Works: Location of sewer: A sanitary sewer main intended to provide service to the subject property currently exists in N. Locust Grove Road. Location of water: A water main intended to provide service to the subject property currently exists in N. Locust Grove Road. Issues or concerns: Sanitary sewer and water services must be provided to all building lots within this development. As currently designed, the applicant has not shown how Lot 2, Block 8 will receive services. e. Physical Features: 1. Canals/Ditches Irrigation: No major facilities traverse the subject property. 2. Hazards: Staff is not aware of any hazards that exist on the property. 3. Flood Plain: NA 4. Topography: NA 7. COMPREHENSIVE PLAN POLICIES AND GOALS The property is designated Medium Density Residential (MDR) on the Comprehensive Plan Future Land Use Map. This designation allows smaller lots for residential purposes within the city limits. The Comprehensive Plan anticipates densities between 3 to 8 dwelling units per acre. The applicant is requesting to annex the property with an R-8 zoning district. The Unified Development Code (UDC) allows a maximum of 8 dwelling units to the acre. The proposed preliminary plat depicts a residential subdivision consisting of 28 single-family detached homes Granton Square - AZ -14-015 & PP -14-019 Page 3 EXHIBIT A on 4.81 acres of land at a gross density of 5.82 dwelling units per acre consistent with the MDR designation. The proposed density falls within the density requirements of the UDC. For these reasons, staff finds the proposed development is consistent with the Comprehensive Plan. Staff finds the following Comprehensive Plan policies to be applicable to this property and the proposed development (staff analysis in italics below policy): "Support a variety of residential categories (low-, medium-, medium-high and high-density single-family, multi -family, townhouses, duplexes, apartments, condominiums, etc.) for the purpose of providing the City with a range of affordable housing opportunities." (3.07.01E) The proposed medium density residential development will contribute to the variety of residential densities in this area of the City, which currently consists of a mix of medium -low density residential developments. "Permit new development only where urban services can be reasonably provided at the time of final approval and development is contiguous to the City." (3.01.01F) The proposed development is adjacent to properties annexed into the city and services are available to be extended to the site upon development in accord with UDC 11-3A-21. "Support infill of vacant lots in substantially developed, single-family areas at densities similar to surrounding development." (3.07.02I) The subject property is surrounded by properties developed at suburban densities consistent with the density of the proposed residential development. The proposed development will also consist of single family detached homes. Although the lots are smaller than the adjacent subdivisions, the proposed lot sizes comply with the dimensional standards of the proposed R-8 zone. "Require street connections between subdivisions at regular intervals to enhance connectivity and better traffic flow."(3.03.03C) The main entrance into the proposed residential development is from N. Locust Grove Road (via E. Challis Street), a principal arterial roadway. The adjacent residential subdivisions were not required to stub a street to this property. Because stub streets were not required with previous, adjacent developments, the applicant is proposing to parallel a public street adjacent to the drainage pond on the north boundary which may provide inter -connectivity with the Ada County property to the north if/when ACHD and the Chamberlain Estates Subdivision modify the drainage lot. "Require new residential development to meet development standards regarding landscaping, signage, fences and walls, etc."(3.05.02C) The applicant is required to comply with all UDC standards pertaining to landscaping, signage, and fencing on the site. "Require usable open space to be incorporated into new residential subdivision plat." (3.07.02F) Meridian City Code requires open space in residential districts for developments of five acres or more. The applicant is annexing 5.13 acres of property and subdividing 4.81 acres. This property is surrounded by older subdivisions that pre -date the open space requirements of the UDC and the property is not in close proximity to any public parks. Further, the property has several mature trees on the property that could be saved and incorporated into a small passive open lot. For these reasons, staff believes the applicant should provide some useable Granton Square - AZ -14-015 & PP -14-019 Page 4 EXHIBIT A open space for the 28 dwellings proposed on this property. If some open space is not provided, staff does not believe annexation of this property is in the best interest of the City. "Require appropriate landscaping and buffers along transportation corridors (setbacks, vegetation, low walls, berms, etc.)" (3.05.02C). Street buffer landscaping is required adjacent to N. Locust Grove Road in accord with the standards listed in UDC 11 -3B -7C. The proposed buffer exceeds the requirements of the UDC to mitigate from the loss of the mature trees. After considering all of these factors staff finds that the proposed development is generally consistent with comprehensive plan. 8. UNIFIED DEVELOPMENT CODE A. Purpose Statement of the Residential Districts (R-8): The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Schedule of Use Control: Unified Development Code (UDC) 11-2A-2 lists single family detached housing as a principally permitted use in the proposed R-8 zoning district. C. Dimensional Standards: Development of the site shall comply with the dimensional standards listed in UDC 11-2A-6 for the R-8 zoning district. D. Landscaping: A 25 -foot wide landscape buffer adjacent to N. Locust Grove Road is required to comply with the design standards in accord with UDC 11 -3B -7C. E. Subdivision Design and Improvement Standards: The subdivision must comply with the subdivision design standards outlined in UDC 11-6C-3. F. Off -Street Parking: Off-street parking is required in accord with UDC Table 11-3C-6 for single- family dwellings. 9. ANALYSIS a. Analysis of Facts Leading to Staff Recommendation: Annexation (AZ): The applicant has applied to annex 5.13 acres of land from to the R-8 zoning district (see legal description in Exhibit Q. As discussed above in Section VII, the proposed zoning is consistent with the corresponding FLUM designation of MDR for this property. To ensure the property develops consistently with both the UDC and the Comprehensive Plan, staff recommends a development agreement be required as part of the annexation approval. Staff's recommended development agreement provisions are outlined in Exhibit B of the staff report. Preliminary Plat (PP): The proposed preliminary plat consists of twenty-eight (28) single family residential lots and four (4) common/other lots on approximately 4.81 acres of land in the proposed R-8 zoning district. Lot sizes range between 5,000 and 7,109 square feet respectively. The average lot size within the proposed subdivision is 5,401 square feet. The proposed gross density of the subdivision is 5.82 dwelling units per acre which is consistent with both the density requirements of the comprehensive plan and the proposed R-8 zoning district. However, staff believes the applicant should make several modifications to the proposed preliminary to increase the functionality of the layout and provide open space within the development. Staff recommends the following revisions: 1) Lots 5 and 6, Block 1 and Lots 3 and 4, Block 2 should front on N. Summerbrook Avenue to prevent vehicles from backing onto the main Granton Square - AZ -14-015 & PP -14-019 Page 5 EXHIBIT A road providing access to N. Locust Grove Road; and 2) Add a common lot (approximately 1,720 square feet) on the north side of E. Challis Street and incorporate a plaza with benches for the future residence to use (see Exhibit A.3 for staff s changes). Prior to the Commission hearing the applicant shall provide a revised plat and landscape plan with the recommended changes. Dimensional Standards: Staff has reviewed the proposed plat for compliance with the applicable standards listed in UDC Table 11-2A-6 for the R-8 zoning district. The R-8 zone requires a minimum lot size of 5,000 square feet with 50 feet of street frontage when taking access from a public street and 4,000 square foot minimum lot size if the lots take access from a common driveway. The proposed plat complies with the dimensional standards of the R-8 district. The applicant is proposing Lots 10-11, Block 3 take access from a common drive (Lot 12, Block 3). The submitted plat depicts a 20 -foot wide common lot and 5 -foot wide landscape buffer along the north side of the common drive to restrict Lot 14, Block 3 from taking access from the common drive in accord with UDC 11 -6C -3D5. With final plat submittal, the applicant must provide an exhibit that depicts the building envelope, setbacks and orientation of the lots and structures. Additionally, the common driveway and the landscape buffer must be owned and maintained by the homeowners association. Access: Access to this development is proposed from the extension of E. Challis Street, via N. Locust Grove Road. The internal streets are proposed as a reduced street section (40 feet of right- of-way; 36 feet between curbs); which allows on -street parking both sides of the street. E. Chemise Street will border the north boundary of an ACHD storm drain pond. For this roadway to provide inter -connectivity with the adjacent Ada County property to the north, ACHD and the Chamberlain Estates Subdivision must redesign the existing storm facility. Staff is supportive of the public street access and reduced street section proposed for the development. Landscaping: A landscape plan was submitted with this application as shown in Exhibit A.3. A 25 -foot wide landscape buffer adjacent to N. Locust Grove Road is required to be installed in accord with UDC 11 -3B -7C. On the submitted landscape plan, the applicant is proposing to construct a 40 -foot wide landscape buffer in accord with the UDC standards. Open Space and Site Amenities: The UDC (11-3G-3) requires open space to be provided for developments of five acres or more. In looking at the surrounding area, this area of Meridian is deficient in recreational open space. As mentioned above, the Comprehensive Plan promotes the integration of usable open space into residential developments. For these reasons, staff is recommending the applicant incorporate open space and an amenity as part of the development. Sidewalks: UDC 11 -3A -17C requires detached sidewalks along all arterial streets within the City. Currently, a 7 -foot wide attached sidewalk exists along Locust Grove Road. Since the existing sidewalks pre -date the proposed subdivision, staff is not recommending any changes to the existing sidewalks. However, there is an existing curb cut for the existing home current access to Locust Grove Road that should be removed and replaced with new sidewalk with the development of the proposed subdivision. Existing Trees: The subject property contains numerous mature trees that will be removed with the development of the proposed subdivision. Per in UDC 11-3B-10, mitigation is required for all existing healthy trees 4 -inch caliper or greater that are removed from the site. The submitted landscape plan depicts the buildable lots will be planted with trees to mitigate for the loss of the mature trees. With the submittal of the final plat the applicant must submit a revised Granton Square - AZ -14-015 & PP -14-019 Page 6 EXHIBIT A landscape plan that details the mitigation plan outlined by the developer and the City Arborist. Fencing: The applicant is proposing 6 -foot vinyl privacy fencing adjacent to N. Locust Grove Road. The north, east and south boundary currently consist of 6 -foot wood privacy fence constructed with the adjacent subdivisions. The fencing proposed for the development complies with UDC 11-3A-7. Pressure Irrigation: The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water. The applicant should be required to utilize any existing surface or well water for the primary source. If a surface or well source is not available, a single - point connection to the culinary water system shall be required. If a single -point connection is utilized, the developer will be responsible for the payment of assessments for the common areas prior to receiving approval on the development plans. An underground, pressurized irrigation system should be installed to all landscape areas per the approved specifications and in accordance with UDC 11-3A-15 and MCC 9-1-28. Existing Structures: There is an existing home and accessory detached structure currently developed on the property. The accessory building will be removed with the development of the subdivision. Per the applicant, the existing home may remain as part of the development however; the decision to keep the home will not be made until the applicant submits a final plat application. If the home is to remain as part of the subdivision, the final plat would consist of one less lot which is allowed under the UDC. Further, the applicant will be responsible for connecting the existing home to City services and coordinating with the City's address specialist on a new address for the home. If the existing home is not to be part of the development, it must be demolished. Any existing well and septic system must be abandoned prior to the City Engineer's signature on a final plat regardless if the home remains or is demolished. Building Elevations: The applicant has submitted sample photos that depict the style of homes proposed for the subdivision. The proposed homes depict a mix of building materials (lap siding, stucco, cedar shingle siding and board and batten siding) and stone wainscot. Design features staff supports include varying roof forms, decorative trim and corbels, pop -outs, dormers and covered front porches. Because the applicant is requesting to annex the property, staff recommends the applicant incorporate similar building materials and a mix of materials on all sides of the future homes, specifically, for those facades that face a public street as envisioned by the Meridian Design Manual. Staff is of the opinion the future homes will complement the existing homes in the area and demonstrate high quality materials. Prior to the issuance of a building permit, Staff will review the home elevations adjacent to N. Locust Grove Road (Lots 2-6, Block 1 and Lot 2, Block 3) as described above to ensure conformance with these design features. Future homes constructed within the subdivision must comply with the elevations attached in Exhibit AA In summary, Staff recommends approval of the proposed annexation and preliminary plat with the recommended conditions listed in Exhibit B of this report in accord with the Findings contained in Exhibit D. 10. EXHIBITS A. Drawings 1. Vicinity Map 2. Proposed Preliminary Plat (dated: OILI-34-5 02/05/15 REVISED) and Staff's Recommended Revisions Granton Square - AZ -14-015 & PP -14-019 Page 7 EXHIBIT A 3. Proposed Landscape Plan (dated: 04� 02/05/15 REVISED) 4. Proposed Building Elevations B. Conditions of Approval 1. Planning Division 2. Public Works Department 3. Fire Department 4. Police Department 5. Parks Department 6. Republic Services 7. Ada County Highway District C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Granton Square - AZ -14-015 & PP -14-019 Page 8 EXHIBIT A A. Drawings 1. Vicinity Map Vicinity Map o Am D-rz p.aMiles 114 PF LCgB'ntj R_7 ESummer rn ro en n mrs op cop iee trwn a- ty.m vroe _s .Tna city 1 raenelal1 .ekes no -oamy or 9uarenGee es In lI1B Area of Im aof P J �Td -; merttela�- r t ecr r r mpi r ss of any of me ■ �. R-14'Ry.>R?� . p d d a a ieg p—b ty r« me Parcels - Meridian T> w R-; mra�ar«, �m©-nea 11 1ms.©n .. L.LL�o z z i E Edgar R1 - Rt T - St ngnec EtitQr I E Baldwin Sk Stormy pr T 3 a E stormy Dr E Kamay AprZ a EM FSI Sedgewi[k. St a'`ie / z ar Cre -_ �. iJ e -1147 E Coug e r s deer e E1 awk St��XUT E-Chemse Dr,. • °'-, RI4 Le -d - a+.Y Cr o �,1 0 ECha![is Dr i Q°a int " E C5 [.��` L° f Mead Lid I a E Challis St - R y a owgrass 5t, o`,6j V E Gro 0o Sr 3 E M-dowgrass St s a 2 a or 2 R-9 L C1 - E Glenloch_ Rl :.RSL EBrown Y Bear St tJ; "'HunTer Ot a ELachmeadaw E Lochmea�' R i : 1 _ - 7 R -a R1 7 LI t>r St f y ' �.tekyn Dr mice Dr RT -T m R{ p a w w� u3 _ E Chatea4O. m r tJ ,� ,�� Chateau Dr 3a� tff E Chateau DrU: E Meadow E Meadow ro V . o a WY d -Dr a s ^I a - C -G � o a -I- ` Wand Dr z z R -A E Willowhraak ❑r' � E Wiilowbroo¢ C �-E OA -est Dr- - -�.araQ R ly E Clarene St 1Y Carol L-0' St RGr�E IDIAN*-- Print Date: 115f2015 Vicinity Map 0 0.15 4.3 Miles 10 Print Date: 1/5/2015 Granton Square- AZ -14-015 & PP -14-019 Page 8 EXHIBIT A 2. Proposed Preliminary Plat (dated: OVQ345 02/05/15) REVISED GRANTON SQUARE SUBDIVISION - - - — PRADACOUNTTYRD BOAT O _ r DECEMBER 2014 LBT 13 BLO K3 cNAMBExLAIx EsrgTes sDBDrvLuox INDEX OF DRAWINGS BOOK71PAGE)399 ut� _ GNEFT NO. PZEIIIIIRY --T DSHEFf J PRR�YINA Iw6 N III Ii 9I LEGALDESORIPTION srzc a e i couxtt _ n SEI PL PO ® r-- - NDTFS '[R w weu ue �. n<smw �, ieama lII1 ✓ ue_ __ __WV' _ w'rE wraerr wmw. x "1 1 __ w 1 \ j i'.i PRW MINARVPNT DATA Tae. I �� j-------------%= �� m �- _ i mm R w 1h m. x 4m' - iI l 0 1 -- - ,I I m =-7— iE j Er .az � I� LEGEND aw w.mo., ..m uiw. mona oma+ � f Ai L arra I Yu Il 8 i wrs.a< wr�Ru o.srw<� w,rw e ' I� � _ u¢ � amsw ruu uw ,L l ---- -------- -y.. _TE _ - [ EAU MEADOWS GST NO.9 xre.mz .k"iou ENA AO MEADOWS E—NOk �TgppK 61 PAGE BOBE _ 4 iB60K 59 PAGE 5&34 •yM'�® e_�masw.m 17u1 F m PRFIIMINARY NflT FORCIXIBTAVCIIDN x NTAa tnEORManox ,ea S4UARE SUBDIVISION cDg„w uRlx xwDgxr oR€awrvrcu BMM3 PRELIMINARYDAH ADA LIMINA IDAHOhm 10821 p� �.vmm. rE ... nnoa uoe.es � ®unruery 1:0F 3 Granton Square- AZ -14-015 & PP -14-019 Page 9 EXHIBIT A 3. Proposed Landscape Plan (dated: 044243 02/05/15) REVISED Granton Square- AZ -14-015 & PP -14-019 PLANT SCHEDULE F.AIM KEY%17. a,.,. I-I MMON NMIEOn WIS AHaMENraE E� AI ~rnE Elf 1 .... HP /PEFE ePiwiENiP1 D � 1E a# I , LANDSCAPE REQUIREMENTS LANDSCAPE LEGEND COMM9N QpE�ry�BP� E.� n.wm,cs.e�.um pl CALLOUT LEGEND —'-- -- 77 TREE MITIGATION NOTES: �cpZ `m m e - Q C3 aO CO rn0Lau O pcU J Q Z 'R Z C9 C5 ru TREE PROTECTION NOTES: �L1.0 Page 10 EXHIBIT A 4. Building Elevations Granton Square- AZ -14-015 & PP -14-019 Page 11 EG E3 In tU- a ■ Granton Square- AZ -14-015 & PP -14-019 Page 13 EXHIBIT A B. Conditions of Approval 1. PLANNING DIVISION 1.1 Annexation 1.1.1 A Development Agreement (DA) is required as a provision of the annexation of this property. Prior to the annexation ordinance approval, a DA shall be entered into between the City of Meridian, the property owner(s) at the time of annexation ordinance adoption, and the developer. A final plat application will not be accepted until the DA is recorded. The applicant shall contact the City Attorney's Office to initiate this process. The DA shall be signed by the property owner and returned to the city within two (2) years of the City Council granting the annexation. Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to commencement of the DA. The DA shall, at a minimum, incorporate the following provisions: a. Development of this site shall substantially comply with the preliminary plat and landscape plan in Exhibit A. b. Future homes constructed within the subdivision must comply with the submitted elevations attached in Exhibit A.4. A mix of materials and architectural details as represented in the attached elevations shall be incorporated on the rear facades that face N. Locust Grove Road (Lots 2 6 Bleek , and rot 2 Lots 3-5, 7 & 8, Block 1). c. A maximum of twenty-eight (28) single family detached homes shall be constructed on the site. d. Open spaee of at least 1.720 2.400 satiafe feet a*dap! a with abefleh shall belff.-Ovided on thenot4h side of es' Qha1 is #eet The applicant shall provide a minimum of 5.5% common open space and a plaza with a bench as an amenity. 1.2 Preliminary Plat - Site Specific Conditions of Approval 1.2.1 The preliminary plat, dated 01/23/15, shall be revised as follows: a. Prior- to the Commission hear-ine. 4he r-eAse the plat as follo - Lots a and 6 ul^^v t and rots z and 4 Bloek 2 should front o N e,,,,,,,,eFb fook Loeus1 Grove Roads ^„a , Add ^ eommon let (apo,.,...imatety 1,720 sauar-e feet) on the flor-th side of T Challi.. Street NOTE! This ... tot 50 feet wide-. b rots 10 and , �� Lots 6-11 and Lots 17 & 18, Block 1 shall take access from common driveway as proposed. An exhibit depicting the setbacks, building envelope and orientation of lots and structures shall be submitted a future final plat application. Include note on the final plat that addresses access across the lots and the responsible party for maintenance of the common driveway and 5 -foot wide landscape buffer. c. Direct lot access shall be prohibited to N. Locust Grove Road in accord with UDC 11-3A-3 d. If the existing home is not part of a final plat, Lots 8-9, Block 2 shall front on N. Lochness Way. 1.2.2 The landscape plan, dated 01/22/15 shall be revised as follows: a. Prior to the Co ssi n. --:rem', The applicant shall incorporate a common lot (apor-oximately ,,"n squa*e-feet) on the north side of E. Challis Street. The common lot must landscaped in accord with UDC 11 -3A -7C and incorporate a plaza with a bench. Submit a detail of the plaza and bench with the final plat application. Granton Square - AZ -14-015 & PP -14-019 Page 14 EXHIBIT A b. All fencing shall be installed in accordance with UDC 11-3A-7. Submit a fence detail with the final plat application. d. Per UDC 11-313-10, the applicant shall work with the City Arborist, Elroy Huff, on designing, adopting, and implementing a protection and mitigation plan for the existing trees on site. With the submittal of the final plat the applicant shall submit a revised landscape plan that details the mitigation plan outlined by the developer and the City Arborist. e. Upon installation of the landscaping and prior to inspection by Planning Division staff, the applicant shall provide a written certificate of completion as set forth in UDC 11 -3B -14A. 1.2.3 Prior to the issuance of a building permit, the applicant shall record a final plat. 1.2.4 All buildings (existing residence and detached accessory structure) that span across proposed lot lines, or do not conform to the dimensional standards (setbacks, height, etc.) of the UDC shall be removed, relocated or made to conform to city code, prior to City Engineer signature of the final plat. If the existing home remains as part of the development, the applicant will be responsible for connecting the existing home to City services and coordinating with the City's address specialist on a new address for the home. Any existing well and septic system must be abandoned prior to the City Engineer's signature on a final plat. 1.2.5 Comply with all ACHD conditions of approval. 1.3 General Conditions of Approval 1.3.1 Comply with all bulk, use, and development standards of the R-8 zoning district listed in UDC Chapter 2 District regulations. 1.3.2 Provide a pressurized irrigation system consistent with the standards as set forth in UDC 11-3A- 15, UDC 11-313-6 and MCC 9-1-28. 1.3.3 Comply with the sidewalk standards as set forth in UDC 11-3A-17. The applicant shall remove the constructed curb cut on N. Locust Grove Road and replace that section with a new 7 -foot wide attached sidewalk. 1.3.4 Install all utilities consistent with the standards as set forth in UDC 11-3A-21 and 11-313-5J. 1.3.5 Comply with all subdivision design and improvement standards as set forth in UDC 11-6C-3, including but not limited to driveways, common driveways, easements, blocks and mailbox placement. 1.3.6 Construct all off-street parking areas consistent with the standards as set forth in UDC 11-3C-6 for single-family dwellings. 1.3.7 The applicant has a continuing obligation to comply with the outdoor lighting provisions as set forth in UDC 11-3A-11. 1.3.8 The applicant shall pipe or otherwise cover all irrigation ditches, laterals or canals, intersecting, crossing or lying within the area being developed in accord with UDC 11 -3A -6A, unless waived by City Council. 1.4 Process Conditions of Approval 1.4.1 No signs are approved with this application. Prior to installing any signs on the property, the applicant shall submit a sign permit application consistent with the standards in UDC Chapter 3 Article D and receive approval for such signs. Granton Square - AZ -14-015 & PP -14-019 Page 15 EXHIBIT A 1.4.2 The final plat, and any phase thereof, shall substantially comply with the approved preliminary plat as set forth in UDC 11-613-3C2. 1.4.3 The preliminary plat approval shall be null and void if the applicant fails to either 1) obtain the City Engineer signature on a final plat within two years, or 2) gain approval of a time extension as set forth in UDC 11-613-7. 1.4.4 The project is subject to all current City of Meridian ordinances. Staff failure to cite any specific ordinance provisions does not relieve the applicant from responsibility of compliance. 1.4.5 The applicant and/or assigns shall have the continuing obligation to provide irrigation that meets the standards as set forth in UDC 11-3B-6 and to install and maintain all landscaping as set forth in UDC 11-313-5, UDC 11-313-13 and UDC 11-313-14. 1.4.6 All common open space shall be maintained by an owner's association as set forth in UDC I I - 3G -3F 1. 2. PUBLIC WORKS DEPARTMENT 2.1 Site Specific Conditions of Approval 2.1.1 Applicant shall be responsible to extend an 8 -inch diameter water main in E. Chemise Street to complete a loop between N. Summerbrook Avenue and N. Lochness Way. 2.1.2 If the existing home is to remain, it shall be a requirement of the applicant to hook it up to City water and sewer service within 60 days of services being available. Applicant shall be responsible for the payment of all assessments and permit fees, as well as the physical work necessary to accomplish the connections. 2.2 General Conditions of Approval 2.2.1 Applicant shall coordinate water and sewer main size and routing with the Public Works Department, and execute standard forms of easements for any mains that are required to provide service outside of a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to sub -grade is less than three feet than alternate materials shall be used in conformance of City of Meridian Public Works Departments Standard Specifications. 2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer and water mains to and through this development. Applicant may be eligible for a reimbursement agreement for infrastructure enhancement per MCC 8-6-5. 2.2.3 The applicant shall provide easement(s) for all public water/sewer mains outside of public right of way (include all water services and hydrants). The easement widths shall be 20 -feet wide for a single utility, or 30 -feet wide for two. The easements shall not be dedicated via the plat, but rather dedicated outside the plat process using the City of Meridian's standard forms. The easement shall be graphically depicted on the plat for reference purposes. Submit an executed easement (on the form available from Public Works), a legal description prepared by an Idaho Licensed Professional Land Surveyor, which must include the area of the easement (marked EXHIBIT A) and an 81/2" x I F map with bearings and distances (marked EXHIBIT B) for review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO NOT RECORD. Add a note to the plat referencing this document. All easements must be submitted, reviewed, and approved prior to development plan approval. 2.2.4 The City of Meridian requires that pressurized irrigation systems be supplied by a year-round source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or well water for the primary source. If a surface or well source is not available, a single -point connection to the culinary water system shall be required. If a single -point connection is utilized, Granton Square - AZ -14-015 & PP -14-019 Page 16 EXHIBIT A the developer will be responsible for the payment of assessments for the common areas prior to prior to receiving development plan approval. 2.2.5 All existing structures that are required to be removed shall be prior to signature on the final plat by the City Engineer. 2.2.6 All irrigation ditches, laterals or canals, exclusive of natural waterways, intersecting, crossing or lying adjacent and contiguous to the area being subdivided shall be tiled per UDC 11-3A-6. Plans shall be approved by the appropriate irrigation/drainage district, or lateral users association (ditch owners), with written approval or non -approval submitted to the Public Works Department. If lateral users association approval can't be obtained, alternate plans shall be reviewed and approved by the Meridian City Engineer prior to final plat signature. 2.2.7 Any existing domestic well system within this project shall be removed from domestic service per City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Engineering Department at (208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic purposes such as landscape irrigation if approved by Idaho Department of Water Resources Contact Robert B. Whitney at (208)334-2190. 2.2.8 Any existing septic systems within this project shall be removed from service per City Ordinance Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and inspections (208)375-5211. 2.2.9 Street signs are to be in place, sanitary sewer and water system shall be approved and activated, fencing installed, drainage lots constructed, road base approved by the Ada County Highway District and the Final Plat for this subdivision shall be recorded, prior to applying for building permits. 2.2.10 A letter of credit or cash surety in the amount of 110% will be required for all uncompleted fencing, landscaping, amenities, etc., prior to signature on the final plat. 2.2.11 All development improvements, including but not limited to sewer and water, fencing, micro - paths, pressurized irrigation and landscaping shall be installed and approved prior to obtaining certificates of occupancy. 2.2.12 Applicant shall be required to pay Public Works development plan review, and construction inspection fees, as determined during the plan review process, prior to the issuance of a plan approval letter. 2.2.13 It shall be the responsibility of the applicant to ensure that all development features comply with the Americans with Disabilities Act and the Fair Housing Act. 2.2.14 Applicant shall be responsible for application and compliance with any Section 404 Permitting that may be required by the Army Corps of Engineers. 2.2.15 Developer shall coordinate mailbox locations with the Meridian Post Office. 2.2.16 All grading of the site shall be performed in conformance with MCC 11-12-3H. 2.2.17 Compaction test results shall be submitted to the Meridian Building Department for all building pads receiving engineered backfill, where footing would sit atop fill material. 2.2.18 The engineer shall be required to certify that the street centerline elevations are set a minimum of 3 -feet above the highest established peak groundwater elevation. This is to ensure that the bottom elevation of the crawl spaces of homes is at least 1 -foot above. 2.2.19 The applicants design engineer shall be responsible for inspection of all irrigation and/or drainage facility within this project that do not fall under the jurisdiction of an irrigation district or ACHD. The design engineer shall provide certification that the facilities have been installed in Granton Square - AZ -14-015 & PP -14-019 Page 17 EXHIBIT A accordance with the approved design plans. This certification will be required before a certificate of occupancy is issued for any structures within the project. 2.2.20 At the completion of the project, the applicant shall be responsible to submit record drawings per the City of Meridian AutoCAD standards. These record drawings must be received and approved prior to the issuance of a certification of occupancy for any structures within the project. 2.2.21 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights shall be installed at developer's expense. Final design shall be submitted as part of the development plan set for approval, which must include the location of any existing street lights. Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not exceed that outlined in the Standards. The contractor's work and materials shall conform to the ISPWC and the City of Meridian Supplemental Specifications to the ISPWC. 2.2.22 The City of Meridian requires that the owner post to the City a performance surety in the amount of 125% of the total construction cost for all incomplete sewer, water and reuse infrastructure prior to final plat signature. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211. 2.2.23 The City of Meridian requires that the owner post to the City a warranty surety in the amount of 20% of the total construction cost for all completed sewer, water and reuse infrastructure for duration of two years. This surety will be verified by a line item cost estimate provided by the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash deposit or bond. Applicant must file an application for surety, which can be found on the Community Development Department website. Please contact Land Development Service for more information at 887-2211 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments related to this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. 5. PARKS DEPARTMENT 5.1 The applicant shall comply with the tree mitigation standards set forth in UDC 11-3B-10. 6. REPUBLIC SERVICES 6.1 Republic Services has no comments related to this application. 7. ADA COUNTY HIGHWAY DISTRICT 7.1 SITE SPECIFIC CONDITIONS OF APPROVAL 7.1 Dedicate 12 -feet of additional right-of-way for Locust Grove Road abutting the site, totaling 48 - feet from centerline. 7.2 Construct internal streets (Challis Street, Summerbrook Way, and Lochness Way) as 36 -foot street sections within 40 -feet of right-of-way, complete with curb, gutter, and 5 -foot wide concrete sidewalks. 7.3 Construct Chemise Street as a 29 -foot local street section with vertical curb, and gutter. Sidewalk should be required on the south side of Chemise Street only. The right-of-way for Chemise Street Granton Square - AZ -14-015 & PP -14-019 Page 18 EXHIBIT A should extend north to the property line. 7.4 Coordinate with the Meridian Fire Department and ACHD Development Review staff on an appropriate signage plan to restrict parking to one side of Chemise Street. 7.5 A sidewalk easement is required for all portions of sidewalk located outside of the right-of-way and 2 -feet behind the back edge of the sidewalk. Brass caps are required for all pins located within the sidewalk. 7.6 Construct one public street entrance to intersect Locust Grove Road approximately approximately 520 -feet north of Meadowgrass Street. 7.7 Close all existing driveways onto Locust Gove Road and replace with vertical curb, gutter, and 7 - foot wide attached concrete sidewalk to match the existing improvements. 7.8 Other than the access specifically approved with this application, direct lot access is prohibited to Locust Grove Road and should be noted on the final plat. 7.9 Payment of impacts fees are due prior to issuance of a building permit. 7.10 Comply with all Standard Conditions of Approval. 7.2 STANDARD CONDITIONS OF APPROVAL 7.2.1 All proposed irrigation facilities shall be located outside of the ACHD right-of-way (including all easements). Any existing irrigation facilities shall be relocated outside of the ACHD right-of-way (including all easements). 7.2.2 Private sewer or water systems are prohibited from being located within any ACHD roadway or right-of-way. 7.2.3 All utility relocation costs associated with improving street frontages abutting the site shall be borne by the developer. 7.2.4 Replace any existing damaged curb, gutter and sidewalk and any that may be damaged during the construction of the proposed development. Contact Construction Services at 387-6280 (with file number) for details. 7.2.5 A license agreement and compliance with the District's Tree Planter policy is required for all landscaping proposed within ACHD right-of-way or easement areas. 7.2.6 Utility street cuts in pavement less than five years old are not allowed unless approved in writing by the District. Contact the District's Utility Coordinator at 387-6258 (with file numbers) for details. 7.2.7 All design and construction shall be in accordance with the Ada County Highway District Policy Manual, ISPWC Standards and approved supplements, Construction Services procedures and all applicable ACHD Ordinances unless specifically waived herein. An engineer registered in the State of Idaho shall prepare and certify all improvement plans. 7.2.8 In accordance with District policy, 7203.6, the applicant may be required to update any existing non-compliant pedestrian improvements abutting the site to meet current Americans with Disabilities Act (ADA) requirements. The applicant's engineer should provide documentation of ADA compliance to District Development Review staff for review. 7.2.9 Construction, use and property development shall be in conformance with all applicable requirements of the Ada County Highway District prior to District approval for occupancy. 7.2.10 It is the responsibility of the applicant to verify all existing utilities within the right-of-way. The applicant at no cost to ACHD shall repair existing utilities damaged by the applicant. The Granton Square - AZ -14-015 & PP -14-019 Page 19 EXHIBIT A applicant shall be required to call DIGLINE (1-811-342-1585) at least two full business days prior to breaking ground within ACHD right-of-way. The applicant shall contact ACHD Traffic Operations 387-6190 in the event any ACHD conduits (spare or filled) are compromised during any phase of construction. 7.2.11 No change in the terms and conditions of this approval shall be valid unless they are in writing and signed by the applicant or the applicant's authorized representative and an authorized representative of the Ada County Highway District. The burden shall be upon the applicant to obtain written confirmation of any change from the Ada County Highway District. 7.2.12 If the site plan or use should change in the future, ACHD Planning Review will review the site plan and may require additional improvements to the transportation system at that time. Any change by the applicant in the planned use of the property which is the subject of this application, shall require the applicant to comply with ACHD Policy and Standard conditions of approval in place at the time unless a waiver/variance of said requirements or other legal relief is granted by the ACHD Commission. Granton Square - AZ -14-015 & PP -14-019 Page 20 ._ ■ C. Legal Description and Exhibit Map COMPASS LAND SURVEYING, P.L.L.C. 419 Mad rone Cir. Telephone: (208) 442-0115 Nampa, Idaho 83686 Fax: (208) 327.2106 Email: roray.clsP�maii.com Client: Date: November 16, 2014 Job No.: 7514 ANNEXATION DESCRIPTION A parcel of land being a portion of the N 112 of the SW 114 of the NW 114 of Section 5, Township 3 North, Range 1 East, Boise Meridian, Ada County Idaho, more particularly described as follows: Commencing at a found 3 inch diameter brass disk stamped 'LS 7314" marking the SW corner of said NW 114, (114 corner common to sections 5 and 6), said corner bears S. 00° 24'25" W., a distance of 2603.61 feet from a found brass disk stamped "LS 7314" marking the NW corner of said NW 114, (Section corner common to sections 31, 32, 5 and 6); Thence along the westerly boundary of said NW 114, N. 00° 24'25" E., a distance of 665.36 feet, (formerly N. 00` 42'00" W., a distance of 659.00 feet), to the POINT OFBEGINNING, Thence continuing along the westerly boundary of said NW 114, N. 00° 24' 25" E., a distance of 390,65 feet, (formerly N. 00° 42' 00" W., a distance of 397.00 feet), to a point marking the south west corner of Lot 13 Block 3 extended of Chamberlain Estates Subdivision as on file In Book 71 of Plats at Page 7299 in the Office of the Recorder of Ada County, Idaho, recorded as Instrument No. 96032900 Thence along the southerly boundary of said Lot 13, S. 89° 42' 12" E., a distance of 554.66 feet, (formerly N. 89° 11' 20" E., a distance of 554.66 feet), to a point marking the westerly boundary of said Chamberlain Estates Subdivision;. Thence along the westerly boundary of said Chamberlain Estates Subdivision, S. 04° 31' 05" E., a distance of 393.13 feet, (formerly S. 05* 37'30" E., a distance of 398.63 feet), to a point marking the northerly boundary of Chateau Meadows East No. 9 as on file in Book 61 of Plats at Page 6068 in the Office of the Recorder of Ada County, Idaho, recorded as Instrument No. 9284652; Thence along the northerly boundary of said Chateau Meadows East No. 9 and along the northerly boundary of Chateau Meadows East No, 6 as on file in Book 59 of Plats at Page 5834 in the Office of the Recorder of Ada County, Idaho, recorded as Instrument No. 9215017, N. 89° 35' 50" W., a distance of 588.41 feet, (formerly S. 89,12'38" W., a distance of 588.88 feet), to the POINT OFBEGINNING. This parcel contains 5.13 acres more or less. Granton Square - AZ -l4-015 & PP -14-019 Page 21 ._ ■ AIV N EXATI C>N ©CH 1 B IT LOCATED IN THE N112 SWI/4 NW1/4 SECTION 5, T. 3 N. R. 1 E, BA ADA COUNTY, IDAHO I E. USTICK ROAD NW Cor. Sec, 5 LS 7314' 1 LEGEND n Calculated point Found brass cap monument 1 1 UZI POINT OF BEGINNING Lu o C') QF--� r o r W a iz W 114 Cor. Sec. 5 'LS 7314' LOT 13 BLACK 3 CHAMBERLAIN ESTATES SUBDIVISION S 89°42'15" E 554.66' BOOK 71 PAGE 7299 18.66'—_ 518767--- x a gig �e1tn w Cx7 ch c� nl PARCEL �c Area: 5.13 acres « d 4 0 50 100 200 _ W Scale: 1" = 100' G? 552.41' N 89°35'50° W 588,41 - CHATEAU MEADOWS EAST CHATEAU MEADOWS EAST NO.6 NO.9 PAGE 5634 BOOK 61 PAGE 6066 I Granton Square - AZ -14-015 & PP -14-019 Page 22 EXHIBIT A D. Required Findings from Unified Development Code 1. Annexation Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The applicant is proposing to annex 5.13 acres to the R-8 zoning district. The Council finds that the proposed map amendment is generally consistent with the MDR designation for this property. If the applicant modifies the layout and incorporates usable open space as conditioned in Exhibit B, the Council finds the amendment is consistent with the applicable provisions of the Comprehensive Plan (see section VII above). b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; The Council finds that the proposed map amendment to the R-8 zoning district is consistent with the purpose statements for residential districts as detailed in Section VIII above. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; The Council finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. City utilities will be extended at the expense of the applicant. The Council considered all oral or written testimony that was provided to determine this finding. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, The Council finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-513-3.E). The Council finds annexing this property with an R-8 zoning district is in the best interest of the City if the applicant enters into a development agreement and complies with the provisions therein. 2. Preliminary Plat Findings: In consideration of a preliminary plat, combined preliminary and final plat, or short plat, the decision-making body shall make the following findings: A. The plat is in conformance with the Comprehensive Plan; The Council finds that the proposed plat is in general conformance with the comprehensive plan, if the applicant modifies the plat and incorporates usable open space and an amenity as conditioned in Exhibit B (please see Section 8 of the Staff Report for detailed analysis of specific comprehensive plan action items that apply to this development). B. Public services are available or can be made available and are adequate to accommodate the proposed development; The Council finds that services can be made available to accommodate the proposed Granton Square - AZ -14-015 & PP -14-019 Page 23 EXHIBIT A development. C. The plat is in conformance with scheduled public improvements in accord with the City's capital improvement program; Because the developer is installing sewer, water, and utilities for the development at their cost, the Council finds that the subdivisions will not require the expenditure of capital improvement funds. D. There is public financial capability of supporting services for the proposed development; The Council relied upon comments from the public service providers (i.e., police, fire, ACHD, etc.) to determine this finding. E. The development will not be detrimental to the public health, safety or general welfare; and The Commission is not aware of any health, safety or environmental problems associated with the development of this subdivision that should be brought to the Council's attention. ACHD considers road safety issues in their analysis. The Council considered the facts, analysis and all public testimony that was presented to determine whether or not the proposed subdivision may cause health, safety or environmental problems of which staff and the Commission is unaware. F. The development preserves significant natural, scenic or historic features. The Council is unaware of any natural, scenic or historic features on this site. Therefore, the Council finds that the proposed development will not result in the destruction, loss or damage of any natural, scenic or historic feature(s) of major importance. The Council considered all public testimony presented to determine whether or not the proposed development may destroy or damage a natural or scenic feature(s) of major importance of which staff and the Commission is unaware. Granton Square - AZ -14-015 & PP -14-019 Page 24 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Z. Resolution No. /5 JI Q! : A Resolution Amending The City Of Meridian's Citywide Records Retention Schedule 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 Memo To: City Council From: Jaycee Holman, Information Services Director CC: Andrea Pogue, Michelle Albertson, Jacy Jones Date: 3/31/15 Re: April 7�' City Council Meeting Consent Agenda Item The Information Services Department respectfully requests that the following item be placed on the April 7, 2015 City Council Consent Agenda for Council's consideration. 2015 Amended Citywide Records Retention Schedule This is the annual update of our Citywide Records Retention Schedule. The amended Schedule reflects the following changes: 1. Reorganized to mirror current Departments: a. City Attorney now embodies the old Legal and Risk Management schedules; b. Information Services now embodies the old City Clerk and IT schedules; c. Community Development now embodies the old Building, Planning, and Economic Development schedules 2. Total re -haul of Public Works' Schedule: a. Updated Divisions within the Public Works Department; b. Updated Records list (corrected titles where needed, alphabetized); c. Updated Record Descriptions, Category, and Retention Periods for greater accuracy, user friendliness; d. Updated for policy change regarding handling of construction drawings/record drawings. 3. Total re -haul of Community Development schedule to reflect: a. Updated Divisions with the Community Development schedule; b. Coordinated treatment of grant records with Finance schedule; c. Updated for policy change regarding handling of construction drawings/record drawings. 0 Page 1 4. Updated Clerk's list of records: a. Added several new Records, including Historical Significance, notes; 5. Updated City Attorney schedule: a. Moved records to HR schedule where appropriate; b. Moved risk management records to Finance and/or HR where appropriate; c. Incorporated Bankruptcy Notices from Finance; d. Merged/re-described records for accuracy and user friendliness. 6. Updated Human Resources schedule to reflect: a. Added records not previously identified; b. Updated Record List, Descriptions, Category, and Retention Periods for greater accuracy, user friendliness. 7. Uniform formatting (alphabetized titles, citation formats, left justified retention periods, etc.) S. Uniform retention period for Public Records Requests received and/or processed by City Clerk, Human Resources Dept., and Fire Dept. 9. Added Appendix A: FAQ Records Retention and Destruction Table to provide employees quick answers to frequently asked questions regarding retention and destruction of records. Thank you for your consideration. • Page 2 CITY OF MERIDIAN RESOLUTION NO. /S / 697 / BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION AMENDING THE CITY OF MERIDIAN'S CITYWIDE RECORDS RETENTION SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Idaho Code 50-907 requires the City Council to adopt by resolution a record retention schedule, listing the various types of city records with the applicable retention periods; and WHEREAS, on July 23, 2013 the Mayor and City Council adopted and approved via Resolution 13-933 its updated and current Citywide Records Retention Schedule establishing minimum retention periods for the various types of city records; and WHEREAS, adoption and maintenance of a record retention schedule assists in efficient and effective records management by identifying records that have exceeded their minimum retention that may be destroyed following approval by the City Attorney and, as required for semipermanent records, approval by the Idaho State Historical Society and upon resolution of the City Council in accordance with the provisions of Idaho Code 50-907; and WHEREAS, a record retention schedule also enhances protection of historic records by identifying records of enduring value as permanent records that are retained by the city in perpetuity or transferred to the Idaho State Historical Society's Permanent Records Repository for permanent retention upon resolution of the City Council; and WHEREAS, it is recognized that from time to time it will be necessary to update the Citywide Records Retention Schedule for proper management of city records; and WHEREAS, an update to the current Citywide Records Retention Schedule has been completed and the amended Schedule is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the City Council of the City of Meridian hereby adopts the 2015 amended Citywide Records Retention Schedule attached hereto as Exhibit A. Section 1 That the City Clerk is hereby authorized to implement the Citywide Records Retention Schedule adopted by this Resolution. Se tion 3. That this Resolution shall be in full force and effect on the�ay of 2015. ADOPTED by the City Council of the City of Meridian, Idaho this day of , 2015, CITY OF MERIDIAN 2015 AMENDED RECORDs RETENTION SCHEDULE APPROVED by the Mayor of the City of Meridian, Idaho, this day of 2015 APPROVED: Tammy d/`ljf'eerd, Mayor ATTEST: ,,U<; CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE Clerk EXHIBIT A 2015 RECORDS RETENTION SCHEDULE CITY OP MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE E DIAN*...---,,a IDAHO RECORDS RETENTION SCHEDULE CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE INTRODUCTION In basic terms, the definition of a public record, as established by Idaho law, is any recorded information that relates to the business of city government. Public records can be on any medium — paper documents, books, maps, pictures, audio/visual recordings, microfilm or microfiche, as well as digital or electronic documents, including computer files and email. Idaho Code section 50-907(5) requires every city in Idaho to adopt a records retention schedule, listing the types of city records retained by the City and the retention period for each type of record. Each record is designed as a permanent, semipermanent, temporary, or transitory record. Permanent records may not be destroyed, but must be retained by the City in perpetuity, or transferred to the Idaho State Historical Society's Permanent Records Repository for permanent retention upon resolution of the City Council. Semipermanent and temporary records are to be retained for the period specified in the retention schedule, after which period destruction of those records may be approved by resolution of the City Council according to the procedures established in Idaho Code section 50-907. THE CITY CLERK'S ROLE Idaho Code section 50-908 outlines the role and responsibilities of the city clerk as municipal records manager. That law directs the City Clerk to: ensure the orderly and efficient management, retention, and destruction of City records in compliance with state and federal laws and city ordinances, resolutions and policies; identify and care for historical records; and coordinate the transfer of permanent records to the Idaho state historical society's permanent records repository. All City employees and elected officials have responsibilities with regard to City records. Idaho Code 50-908 establishes those responsibilities. Employees and officials must: protect the records in their custody; cooperate with the City Clerk to efficiently manage records and preserve records of enduring value; and pass on to their successors records necessary for the continuing conduct of city business. All city records are property of the city, and no city official, elected, appointed or staff, may assert any personal or property right to such records, even where he or she may have developed or compiled them. The unauthorized destruction or removal of city records is prohibited by law. FINAL DISPOSITION OF RECORDS As set forth above, permanent records are never destroyed — they are retained in perpetuity by the city or transferred to the state archives. Nonpermanent records may be destroyed, but only in accordance with the process established by Idaho Code. The process for destruction of nonpermanent records typically begins once the records have reached their minimum retention period, but there are some important exceptions, where circumstances dictate that records must be kept longer: • Records related to pending criminal or civil cases; ■ Records that are the subject of a pending public records request; ■ Records needed for any pending audit or investigation; and • Records that may have considerable historical value. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE The first step in the record destruction process is that the City Clerk obtains approval for the destruction of the records from the City Attorney's Office. If appropriate, the City Attorney's Office prepares a resolution and submits it to City Council for approval to destroy the records. The City Clerk then sends the approved resolution to the Idaho State Historical Society at least thirty (30) days prior to destruction. When all of these steps are complete, the City Clerk notifies the department that it may destroy the designated records. APPENDIX A: FAQ Records Retention and Destruction Table Appendix A provides employees quick answers to frequently asked questions about retention and destruction of records. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE CITY ATTORNEY'S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Legal Department Bankruptcy Records documenting notification to Semipermanent 10 years after case closed Notices and Case the city that certain individuals have IC §50-907(2)(a) or dismissed, or date of Files filed for bankruptcy, and used to last action determine if the individual owes money to the city and to file notice or claim with the court. Information may include: debtor's name, accounts information, prepared repayment plan and related documentation. Civil Case Files Pending and closed cases filed by Semipermanent Keep 10 years after case and against the city, including all IC §50-907(2)(g) closed or dismissed, or pre -litigation, litigation, appellate date of last action documents (complaints, summons, investigations, reports, attorney notes, discovery -related records, pleadings, deposition transcripts, disposition, orders and judgments, settlement and mediation information, appeals, and related records), and bankruptcy files. Departmental Reports prepared by the city Semipermanent 5 years after date of Reports attorney for the mayor and city IC §50-907(2)(e) issuance or completion of council. the matter contained within the record Forms, templates Legal forms and templates. Transitory Until superseded Land Use Appeals of land use decisions, Semipermanent Keep 10 years after case Appeals including staff reports, pleadings, IC §50-907(2)(g) closed or dismissed, or briefs, and related records. date of last action Legal Opinions, Formal and informal opinions and Permanent In perpetuity Memoranda memoranda rendered by the city IC §50-907(1)(h) attorney for the mayor, city council, or city departments, examining legal questions relating to state/federal law/rules or local ordinances/policies. Risk Management Claim Files Claims for damages filed by and Semipermanent Keep 10 years from date against the city, including claims IC §50-907(2)(g) of resolved claim, CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE RECORD DESCRIPTION CATEGORY RETENTION PERIOD caused by city employees/ provided there is no equipment, including Property litigation. See Civil Case Damage Records, Liability Claims Files for Litigated Records, Public Injury Reports, and Claims. related correspondence. Insurance Policy Records documenting the terms and Permanent Keep property and Records conditions of city insurance policies liability insurance covering liability, property, motor policies permanently vehicle, etc. Records usually include: policies, endorsements, rate change notices, agent of record, and related documents. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 8 or 65 COMMUNITY DEVELOPMENT SERVICES DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Building Division Building Plans and Drawn and written Approved for Permanent In perpetuity Specifications for Construction plans and specifications for IC §50 - Commercial and commercial and government buildings. 907(1)(c) Government Buildings Building Project Files related to commercial and Semipermanent 10 years Files governmental buildings and projects; may IC §50 - include: permit application, Certificate of 907(2)(c) Occupancy signature card, Temporary Certificate of Occupancy, Certificate of Occupancy, Certificate of Values, Building, Mechanical, Plumbing, and/or Electrical Permit requests for permit and/or permit, Ada County Highway District Impact Fee certificate, inspectors' reports to Building Official, mechanical compliance certificate, transmittals, irrigation performance specs, fee invoice, photos, correspondence, plan review report, and structural calculations. Fire Inspection File of documents created or used by the Semipermanent 10 years Files fire inspector regarding commercial or IC §50 - governmental projects; may include: fire 907(2)(g); correction notice, alarm system record of International completion, review comments and Fire Code conditions, fire sprinkler plan review section 104.6 comments and conditions, system specification sheet, hazardous materials inventory statement, range hood systems report, industrial fire suppression system report, generator set commissioning sheet, contractors material test certificate, alarm plans, sprinkler plans, fire permit applications, fire review and inspection fee calculation form, memos, correspondence, and transmittals. Economic Develo ment Economic HTML text stored in economic Transitory Until updated or Development development website's external data base. superseded Website Land Development Division Land Development I File of documents created or used in the Semipermanent 100 years Commercial Project I land development phase of a commercial IC §50 - Files project; may include: approval letters, 907(2)(g) CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 9 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD invoices, application review comments, easements, soil report, inspection reports, and/or engineer certifications pertaining to development applications (e.g., preliminary plat, final plat, rezone, conditional use permit, annexation, right- of-way vacation, variance, property boundary adjustment). Approved for Construction drawings, Transitory Until administrative record drawings. (records need ends retained by PW) Land Development File of documents created or used in the Semipermanent 100 years Subdivision Project land development phase of a residential IC §50 - Files or commercial subdivision project; may 907(2)(g) include: approval letters, invoices, application review comments, easements, soil report, inspection reports, and/or engineer certifications pertaining to development applications (e.g., preliminary plat, final plat, rezone, conditional use permit, annexation, right- of-way vacation, variance, property boundary adjustment). Approved for Construction drawings, Transitory Until administrative record drawings. (records need ends retained by PW) Land Development Revised set of drawing submitted by Transitory Until administrative Record Drawings contractor upon completion of land (records need ends development phase of a commercial, retained by PW) governmental, or residential project or components thereof; Approved for Construction plans during construction process, as well as dimensions and location of all elements of work as built. Permits and Building, Mechanical, Plumbing, and/or Semipermanent 5 years Inspection Records Electrical permits and inspection records. IC §50- 907(2)(8) Receipts Receipts for fees collected by Transitory Current fiscal year Building/Development Services; monthly receipt report; duplicate tape/reports. Planning Division Accessory Use Application. Records also may include: Permanent In perpetuity Permits for administrative review documents Daycare or Home including copy of issued permit, and the Occupation original signed copy of home occupation compliance statements. Alternative Application. Records also may include: Permanent In perpetuity CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 10 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Compliance administrative review documents including copy of issued approval with accompanying CZC or final plat. Annexation Application. Records also may include: Permanent In perpetuity annexation development agreement, IC §50- notices of hearing, staff report, 907(1)(e) recommendations of the planning and zoning commission, maps, City Council decision, ordinance, legal description, etc. Area of City Records include public notices, Permanent In perpetuity Impact; correspondence, notices of hearing, IC §50- Negotiations recommendations from the planning and 907(1)(a)(b)(e) zoning commission, maps, "committee of and (h) nine" proceedings, etc. Community Plans, reports, and related Permanent In perpetuity Development Block correspondence, documentation. IC §50- Grant (CDBG); 907(1)(h) Plans and Reports Community Agreement; records may include Semipermanent 10 years from the Development Block consolidated annual performance IC §50- completion of a Grant (CDBG); evaluation report (CAPER). 907(2)(g) program year's Sub Recipient HUD Approved Agreements CAPER Certificate of Application. Records also may include: Permanent In perpetuity Zoning Compliance proposed site/landscape plan with IC §50- parking, landscaping, setbacks, lot area, 907(1)(h) administrative review documents, copy of See also certificate, etc. IC §50- 907(2)(0) City Council Application for City Council Review. Permanent In perpetuity Review (appeal) IC §50- 907(1)(h) Comprehensive Application with map, map and text Permanent In perpetuity Plan amendments, future land use and IC§50- acquisition maps and related documents. 907(1)(e) Records also may include: related documents, notices of hearing, staff report, planning and zoning commission recommendations, decision; related correspondence, adopting resolution, etc. Conditional Use Application. Records also may include: Permanent In perpetuity Permit; blueprint drawings, notices of hearing, IC §50- Modification staff report, planning and zoning 907(1)(h) commission recommendations, decision, related correspondence, etc. Design Review Application. Records also may include: Permanent In perpetuity records related to design review overlay IC §50 - CITY OF MERIDIAN 2015 AMENDED RECORDs RETENTION SCHEDULE PAGE 11 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD districts, staff reports, committee 907(1)(h) recommendations, material boards, maps, photographs, etc. Development Development agreement including: Permanent In perpetuity Agreement; records documenting formation, IC §50- Modification modification including application to 907(l)(e) modify conditions, application to extend the time to sign the agreement, and termination of development agreement. Director Application and decision. Semipermanent 10 years Determination IC §50- 907(2)(g) Planned Unit Application. Records also may include: Permanent In perpetuity Development maps, diagrams, site plans, notices of IC §50- hearing, staff report, 907(1)(h) recommendation/decision by the planning and zoning commission, correspondence, etc. Planning Studies Planning studies and related Permanent In perpetuity not adopted into the documentation. IC §50- Comprehensive 907(1)(h) Plan or UDC Plat, Final; Application. Records also may include: Permanent In perpetuity Modification to map, plan, proof of ownership, applicable IC §50- Condition statement(s) of conformance, staff report, 907(l)(e) correspondence, Director determination, City Council decision, application for modification of condition(s) and decision, etc. Plat, Preliminary Application. Records also may include: Permanent In perpetuity map, staff report, correspondence, IC §50- decision, etc. 907(1)(e) Plat, Preliminary Application. Records also may include: Permanent In perpetuity and Final final plat and supporting records, staff IC §50- report, correspondence, decision, etc. 907(l)(e) Plat, Short Application. Records also may include: Permanent In perpetuity map, staff report, correspondence, IC §50- decision, etc. 907(1)(e) Private Road; Application. Records also may include: Permanent In perpetuity Permit map, documents related to access, IC §50- maintenance, right-of-way, easement, 907(1)(e) correspondence, decision, etc. Property Boundary Application. Records also may include: Permanent In perpetuity Adjustment tentative Director approval documentation, IC §50- recorded survey, conditions of approval, 907(l)(e) Director determination, certificate of zoning compliance, etc. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 12 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Rezone Application. Records also may include: Permanent In perpetuity rezone agreement, notices of hearing, IC §50 - staff report, recommendations of the 907(1)(e) planning and zoning commission, maps, decision, ordinance, etc. Sign; Planned Sign Application. Records also may include: Semipermanent 5 years after Program; Permit sign design/drawings, correspondence, IC §50-907(2)g) expiration, staff notes, tentative Director approval, revocation, or denial decision, permit, etc. Sign, Temporary Application. Records also may include: Transitory 1 year and/or Limited sign design/drawings, correspondence, Duration; Permit staff notes, decision, permit, etc. Time Extension, Application, staff report, and decision. Semipermanent 5 years Director, Planning IC §50- & Zoning 907(2)(g) Commission or Council Unified Application with proposed code Permanent In perpetuity Development Code; amendments. Records may include: staff IC §50 - Amendment report, recommendation of the planning 907(1)(e) and zoning commissioner, correspondence, decision, ordinance, etc. Vacation Records Records include petitions to vacate, maps, Permanent In perpetuity descriptions of property, staff reports, IC §50 - letters of relinquishment and other 907(1)(e) correspondence, decision, etc. Variance Application. Records also may include: Permanent In perpetuity Idaho Transportation Department correspondence and/or decisions, decision(s), etc. Zoning Verification Letter and related documentation. Temporary 2 years Letter IC §50- 907(3)(d) CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 13 OF 65 FINANCE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Accounting Transaction records within the Semipermanent 10 years Software Records Accounting Software system: including — IC §50 - payroll, vendor listing, vendor payments, 907(2)(a) vendor purchase orders, budget transactions, cash receipts, and general ledger. Accounts Payable Records documenting payment of city Semipermanent 5 years bills, including reports, invoices, purchase IC §50 - orders, payment authorizations. 907(2)(a) Accounts Records documenting billing and Semipermanent 5 years Receivable collection of monies owed to the city by IC §50 - vendors, citizens, organizations, 907(2)(a) governments, etc. Records include: reports, receipts, invoices, statements, etc. Information typically includes: receipt amount, date, invoice number, name, account number, account balance, adjustments, etc. Audit Report Documents the city's annual audit, Permanent In perpetuity examining compliance with generally IC §50 - accepted accounting principles and 907(1)(d) methods, the accuracy and legality of transactions and accounts, and compliance with requirements, orders, and regulations pertaining to the financial condition and operation of the city. Information includes: financial statements, auditor's report and recommendations, single audit information concerning federal grants, and other information. Bank Transaction Records documenting the status and Semipermanent 5 years Records transaction activity of city bank accounts, IC §50 - including account statements. 907(2)(a) Bond Records Records documenting financing of city Permanent In perpetuity improvements through bonded IC §50 - indebtedness. Records include: bond 907(1)(a)(b)(h) rating information, bond and election ordinances, legal notices announcing bond election, bond counsel information and opinions, covenants, paid bonds and coupons, bond registers, State Treasurer public bond issue reports (IDAPA 54.01.01), etc. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 14 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Budget Hearing Newspaper notice of budget hearing. Permanent In perpetuity Notice IC §50- 907(1)(h) Budget Records Records used in preparing and adopting Semipermanent 10 years the city budget, including revenue IC §50 - projections, instructions, department 907(2)(a) requests, worksheets, council -approved tentative budget and notice of budget hearing, adopted appropriations ordinance and amendments, and other information. Cancelled Checks Bank record of account transactions. Semipermanent 5 years IC §50- 907(2) (a) Capital Asset Record of purchase, vendor invoice and Semipermanent 5 years Record related documents. IC §50 - Record of disposal, department request of Semipermanent 5 years after disposal disposal. IC §50- 907(2)(a) Cash Receipts Receipt and supporting documentation Semipermanent 5 years IC §50- 907(2) (a) Contracts Agreements with vendors and other Semipermanent 5 years from date of parties for the acquisition or sale of IC §50- substantial equipment, supplies, services or property, 907(2)(b) completion also includes insurance certificates, payment and performance bonds pertaining to a solicitation or contract that Purchasing is facilitating. Departmental Reports documenting the financial Semipermanent 10 years Reports condition and operation of the city, issued IC §50 - on a monthly, quarterly, annual or other 90 7(2) (e) basis, including quarterly published treasurer's report and year-end financial reports. Reports include information on . revenues and expenditures in relation to the final budget. Financial Reports Reports documenting the financial Semipermanent 10 years Quarterly condition and operation of the city, IC §50 - Published Reports include information on revenues 907(2)(e) and expenditures in relation to the final budget. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 15 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Financial Reports Reports documenting the financial Permanent In perpetuity Year End condition and operation of the city, Audit IC §50 - Report. 907(I)(d) General Ledgers Records documenting the summary of Semipermanent 10 years accounts reflecting the financial position IC §50 - of the city, showing debit, credit and 907(2)(a) balance amounts per account, budget, fund and department, asset depreciation, and totals for notes receivable, interest income, amounts due from other funds, bank loans received, cash in escrow, deferred loans received, cash, revenue, accounts receivable, accounts payable, etc. Gift & Records documenting gifts and Semipermanent 10 years Contribution contributions to the city. IC §50 - Records 907(2)(a) Grant Records Records documenting the application, Semipermanent 10 years from final (final reports, grant evaluation, awarding, administration, IC §50- grant close-out applications and reporting and status of grants applied for, 907(2)(g) awards) received, awarded or administered by the city. Records include: applications and proposals, summaries, objectives, activities, budgets, exhibits, award notices, progress reports, contracts, financial reports, and related correspondence and documentation. Investment Records Reports, statements, summaries, Semipermanent 5 years correspondence and other records IC §50 - documenting and tracking investments 907(2)(a) made by the city, including the Local Government Investment Pool. Lease Agreements Lease agreements for property or Semipermanent 5 years equipment. IC §50- 907(2)(6) Local Improvement Records documenting the formation of a Permanent In perpetuity Districts (LID) local improvement district and levying of IC §50 - special assessments, including: ordinance, 907(1)(e) published notices, assessment roll, appeals, affidavits, bonds and coupons, delinquencies, and related correspondence and documents. Payroll Reports, statistical studies, and other Semipermanent 10 years Administrative records designed and used for budget X§50 - Reports preparation, projections, workload and 907(2)(e) personnel management, and research and general reference. CITY OE MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 16 or 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Payroll Deduction Records documenting employee Semipermanent 5 years after Authorization authorization for voluntary payroll IC §50- employee separation Records deductions. Records may include: direct 90 7(2) (a) bank deposits, insurance applications, enrollment cards, deduction authorizations, approval notices, deduction terminations, and related records. Payroll Federal & Records, in addition to those itemized in Semipermanent 5 years State Tax Records this section, used to report the collection, IC §50 - distribution, deposit, and transmittal of 907(2)(a) federal and state income taxes as well as social security tax. Examples include: the federal miscellaneous income statement (1099), employers' quarterly federal tax return (941, 941E), tax deposit coupon (8109), and similar federal and state completed forms. Payroll Records documenting requests and court Semipermanent 5 years after Garnishment orders to withhold wages from employee IC §50- termination. Record earnings for garnishments, tax levies, 907(2)(a) support payments, and other reasons. Usually includes original writs of garnishment, orders to withhold, federal or state tax levies, recapitulations of amounts withheld, and related records. Information usually includes: employee name and social security number, name of agency ordering garnishment, amount, name of party to whom payment is submitted, dates, and related data. Leave Applications Applications or requests submitted by city Temporary 3 years employees for sick, vacation, IC §50 - compensatory, personal business, family 907(3)(d) and medical leave, long term leave, and other leave time. Information usually includes: employee name, department, date, leave dates requested, type of leave requested, and related.data. These are kept in the departments themselves NOT sent to finance. Payroll Registers — Monthly registers documenting earnings, Transitory Disposed yearly Other deductions, and withholdings of city after audit employees. Payroll Register — Payroll Registers: Registers or records Semipermanent 5 years Year End serving the same function of documenting IC §50 - the earnings, voluntary and required 907(2)(a) deductions, and withholdings of city CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 17 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD employees. Information usually includes employee name and social security number, hours worked, rate, overtime, vacation value, various allowance, gross pay, federal and state withholding, voluntary deductions, net pay, and related data. Payroll Time Records documenting hours worked, Semipermanent 5 years after Records leave hours accrued, and leave hours IC §50- employee separation taken by city employees. Information 907(2)(a) usually includes: employee name and employee number, hours worked, type and number of leave hours taken, total hours, dates and related data. Payroll Records documenting claims submitted Temporary 3 years Unemployment by former city employees for IC §50 - Claims unemployment compensation. Usually 907(3)(d) includes: claims, notices, reports, and related records. May also include records generated by the appeal of claim determinations. These are received by HR and kept in HR. Payroll Records documenting employee earnings Semipermanent 5 years Unemployment on a quarterly basis. Used to document IC §50 - Reports costs and charges in the event of an 907(2)(a) unemployment compensation claim. Information includes: employee name and social security number, quarterly earnings. Payroll W2s Annual statements documenting Semipermanent 5 years individual employee earnings and IC §50 - withholdings for state and federal income 907(2)(a) taxes and social security tax, also known as federal tax form W-2. Information includes: city name and tax identification number, employee name and social security number, wages paid, amounts withheld, and related data. PayrollW4s Certificates documenting the exemption Semipermanent 5 years after status of individual city employees, also IC §50- employee separates known as W-4 forms. Information 907(2)(a) includes: employee name and address, social security number, designation of exemption status, and signature. PERSI Records Records relating to PERSI, including Semipermanent 5 years Employer Remittance Forms, invoices, IC §50 - correspondence, financial adjustments, etc. 907(2)(a) CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 18 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Purchase Orders Requests and purchase orders for goods Semipermanent 5 years or services purchased by the city. IC §50 - Information includes: department, 907(2)(a) delivery location, date, quantity, description, unit and total price, and authorizing signatures. Purchasing Records documenting competitive Semipermanent 5 years from the date Selection bidding and purchase of goods, services, IC §50- of award and public works construction, and 907(2)(a) procurement of design professionals. Records include: published notices and solicitations, specifications, bids, requests for qualifications, statements of qualifications, etc. Real Property Title Record documenting payment of real Permanent In perpetuity Records property. IC §50- 907(1)(e) Receipts Copies of receipts, showing the date, Semipermanent 5 years from whom received, amount, purpose, IC §50 - etc. (same as cash receipts). 907(2)(a) Sales & Use Tax Used to report and remit sales tax Semipermanent 5 years Forms collected and due to the state. IC §50- 907(2)(a) Signature Records documenting authorization of Semipermanent 5 years Authorization designated employees to sign fiscal and IC §50 - Records contractual documents. 907(2)(a) Travel Records Records documenting requests, Semipermanent 5 years authorizations, reimbursements, and other IC §50 - actions related to employee travel, 90 7(2) (a) including expense reports and receipts, vouchers and related documents. Vendor Lists Lists of vendors providing goods and Transitory Until superseded or services to the city. Name, address W9 obsolete for vendors. Utility Billing Adjustment Records documenting adjustments to Semipermanent 5 years Registers customer water, sewer, garbage or other IC §50 - city -provided service billings for debits, 907(2)(a) credits, refunds, returned checks, and related reasons. Information usually includes: customer's name and address, type of adjustment, justification, amount changed, authorizing signatures and other information. (Records held within the billing software). CITY OF MERIDIAN 2015 AMENDED RECORDs RETENTION SCHEDULE PAGE 19 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Billing Adjustment Document submitted by customer Semipermanent 5 years Request requesting an adjustment of charges on IC §50 - their account. Information includes: 907(2)(a) Customer name, service address, reason for billing adjustment. Billing Directive Application completed by owner or Semipermanent 5 years property manager to initiate Third Party IC §50 - billing for specified utility account. 907(2)(a) Information included: owner, property manager, tenant, move -in date, and service address. Billing/Payment Records documenting transactions on the Semipermanent 5 years Registers water, sewer, garbage or other city- IC §50 - provided service account of each 907(2)(a) customer. Useful for reference to assure accurate customer billings and posting of payments. Information often includes: customer's name, service address, meter reading, water usage, utility charges, payments, adjustments and related data. (records held within the billing software). Change Record Records documenting routine information Semipermanent 5 years changes to customer accounts, including IC §50 - name and address. (Records held within 907(2)(a) the billing software). Customer File General correspondence and forms Semipermanent 5 years related to a specific utility account. This IC §50 - information would be in addition to that 907(2)(a) found within the billing software. Documents in file may include and are not limited to: general letters, payment arrangement forms, third party billing docs, hard copies of customer history reports, leak adjustment requests, letters submitted to the City for customers. Direct Pay Completed application with voided check Transitory 1 year after Application from customer authorizing automatic cancellation of withdrawal of funds to pay on specified enrollment utility account. Disconnect Notice Notice to City Council to verify that no Semipermanent 5 years to City Council customer currently slated for shut off due IC §50 - to non-payment has requested a hearing 907(2)(a) with the Board of Adjustment. Notice includes number of customers slated for shut off and the value of the delinquent accounts. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 20 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Disconnect Record Records documenting a customer's Semipermanent 5 years request for disconnection of water, sewer, IC §50 - garbage or other city -provided services. 907(2)(a) (records held within the billing software). Meter Readings Document the readings of customer water Semipermanent 5 years meters for billing purposes. Information IC §50 - typically includes: meter reading, date 907(2)(a) read, account number, billing code, final reading, reason for turnoff, meter changes, and related data. (records held within the billing software) Payment One page document that records a Semipermanent 5 years Arrangement customer's promise to pay. IC §50- 907(2)(a) Renter Addendum Supplemental document completed by the Semipermanent 5 years tenant to accept the third party billing for IC §50 - specified utility account. Information 907(2)(a) included: tenants name, service address, mailing address and phone number. Security Deposit Records documenting customer payment Semipermanent 5 years Records of a security deposit to receive temporary IC §50- dumpster services. Information usually 907(2)(a) includes date, amount of deposit, customer's name, address, and account number, date account closed, refund date, amount of deposit applied, and related information. Shut off Turn On Electronic spreadsheet used during shut Semipermanent 5 years Report (Soto) off day by water department field staff IC §50 - and MUBS. Tracks customers that are to 907(2)(a) be shut off, payments, and turn -ons as authorized. Record includes: Customer name, service address, meter id, time of shut off, time of payment, time of turn - on, fee waived if applicable and general notes. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 21 OF 65 FIRE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Records regarding day-to-day administration Transitory Until administrative Records of department, e.g., copies of invoices, travel need ends or record is records, uniform clothing purchases, fuel superseded charges, fuel receipts, fuel reports, inventory asset information forms, and copier copy count sheets. Phone logs, ride -along tracking records, waste water inventory, Knox Box Forms, blogs, daily attendance sheets, and quarterly personnel newsletter. Correspondence Day-to-day office and housekeeping Transitory Until administrative correspondence not unique to city functions need ends or programs. General administrative correspondence, Semipermanent 5 years including records created or received in the course of administering city policies/programs, but not related to significant policy/program discussions or decisions. Policy/program correspondence, documenting Permanent In perpetuity the formulation, adoption, and implementation of significant policy/program decisions, including letters to personnel, Certified Family Home Fire District letters, letters regarding training burns, etc. Equipment Equipment maintenance and test records Transitory Until administrative Maintenance & include: Fire hose records such as test date, need ends Test Records date previously tested, apparatus number, station number, hose diameter, conditions found, service date, defects corrected, etc. Ladder test results done annually on all ladders. Tests done on SCBA's including flow testing. Emergency medical equipment maintenance records used to verify regular maintenance of emergency medical equipment such as copies of contracts, maintenance schedules, test protocols, equipment inventory, performance test records, repair records, parts used and service reports. Fire & Security Records documenting the department's role in Permanent In perpetuity Alarm System issuing permits, testing and maintaining fire Records and security alarms, including fire alarm and sprinkler system plans. May include permits, applications, malfunction reports, maintenance reports, and related documents. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 22 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Fire Fire and arson investigation case files, Permanent In perpetuity Investigation including investigative reports, witness Records statements, photographs, maps, correspondence, notes, video and audio recordings, copies of property releases, laboratory reports, and incident/injury reports. Hazardous Inspection records of underground and above Permanent In perpetuity Materials ground fuel storage tanks. Reports and Records investigation results of incidents including spills and leaks, etc. Historical Newspaper clippings and articles relating to Permanent In perpetuity Records the Meridian Fire Department, photos of events. In -Home Care Documents relating to fire code inspections Semipermanent 5 years Facility performed by the department of home Inspections daycares and foster care homes. May include reports, notices, citations, occupancy and pre - fire planning records, floor plans, sketches, reports, lists and related documents. Inspection and Documents relating to fire code inspections Semipermanent 5 years Occupancy performed by the department of commercial Records for buildings. May include reports, notices, Commercial citations, occupancy and pre -fire planning Buildings records, floor plans, sketches, reports, lists and related documents. Juvenile Fire Case files related to juvenile fire setter Permanent In perpetuity Setter ,investigation, including investigative reports, Evaluations witness statements, photographs, maps, correspondence, notes, video and audio recordings, copies of property releases, laboratory reports, incident/injury reports. Maps Maps and related records maintained by the Transitory Until superseded department for address location, reference and for tracking various trends. May include lists, books and other methods of address location. Meeting Final, approved Officer and Command Staff Semipermanent 5 years Minutes meeting minutes. Monthly & Monthly and Annual Department reports. Permanent In perpetuity Annual Department Reports Narcotics Narcotic inventory and usage- bard copy, Temporary 3 years Inventory & narcotics distributed to the engine companies. Usage CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 23 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD National Fire National Fire Incident Reporting System Permanent In perpetuity Incident (NFIRS) Fire Incident Report, relating to fire Reports run, medical emergency, casualty, hazardous materials call, false alarm, good intent, or service call. May include property release forms, civilian and fire service casualty reports, hazardous materials reports, etc. Patient Care Records related to patient care, refusal of Permanent In perpetuity Records care, denial of need for care, supplemental emergency medical services reports, diagnostic attachments to include ECG, care summary reports and vital sign reports. Plans, Records related to department operations, Transitory Until superseded Protocols, including Medical Supervision Plan, standing Guidelines, written orders, operational guidelines, Policies administrative and operational policies. Proof of Proof of worker's compensation and other Transitory Until superseded Insurance insurance required for training tower usage by other agencies. Public Records related to the design and Semipermanent 10 years Education implementation of educational and other Programs & outreach programs provided to the public by Publications the department. May include: class descriptions, instructional materials, course outlines, class enrollment and attendance records, reports, speeches, publications, and car seat inspection forms. Public Record Public records requests and responses. Temporary 2 years after last Requests action Ride -Along Signed waiver for persons requesting a ride- Transitory Until administrative Forms along with the department. need ends Structure Burn Records related to structure burns. Semipermanent 10 years Training Records Vehicle and Records documenting maintenance and Semipermanent 5 years after disposal Equipment repairs of vehicles, equipment, and other or replacement of Maintenance assets with a useful life generally more than asset to which record and Repair five years. May include vehicle maintenance is related Records records, inspections, pump testing and repair records of apparatus, ladder inspections, and SCBA equipment. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PACE 24 of 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Meridian Rural All records of activities of the department or Permanent In perpetuity Fire Protection other City departments as they relate to the District Records Meridian Rural Fire Protection District. May include: annual audits, land and apparatus acquisition records, records relating to construction of fire stations, bank statements, tax levy forms, Local Government Investment Pool statements, financial statements, annual budget records, legal notices, meeting minutes, election records, declarations of candidacy, election results, ICRMP insurance records, audio recordings of meetings. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 25 OF 65 HUMAN RESOURCES DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Administrative Copies of administrative records including Transitory Until administrative Records A/P invoices, expense reports, professional need ends or record membership documents, etc. is superseded Affirmative Records documenting city compliance with Semipermanent 5 years Action; Equal the Civil Rights Act of 1964, the Equal IC § 50-907(2)(8); Employment Employment Opportunity Act of 1972 and 29 CFR Part Opportunity the Americans with Disabilities Act. 1602; 29 CFR Commission Records include: plans, policy statements, 1620.32 Reports reports, investigations, case files and related information. Also includes EEO -4 reports submitted to the Equal Employment Opportunity Commission (EEOC) documenting compliance with EEOC requirements by cities with 15 or more employees. Benefits Records documenting notice to employees, Semipermanent 75 years after Continuation spouses and dependents informing them of IC § 50-907(2)0; employee their rights to continue insurance coverage 29 CFR 1627.3 separation, after termination or disability or family expiration of leave and whether coverage was elected or eligibility, or rejected. Continuation may be under completion of COBRA or another provision. Notice is also litigation, whichever sent to a third party administrator who is longest administers the extended coverage. Records may be filed with the Employee Benefits Records or Employee Personnel Records. Budget Prep Working documents utilized to build base Semipermanent 10 years Records budgets and establish yearly budgets; worksheets, enhancements, amendments, etc. City Hall Records documenting the activities and Temporary 2 years from last Volunteer administration of volunteer programs in city IC §§ 50-907(3)(d) date of volunteer Program Records hall and records documenting work work performed for the City by citizens without compensation for their services. May include volunteer applications forms, volunteer and emergency contact information, agreements, applications, skills test results, training documentation, task assignments, monitoring records, volunteer hour statistics, volunteer program publicity records, insurance information, inactive volunteer files, and related records. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 26 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Collective Records documenting negotiations between Temporary 3 years Bargaining the city and employee representatives, IC § 50-907(3)(d); including contracts, reports, negotiation 29 CFR 516.5 notes, letters of agreement, arbitration findings, cost analyses, minutes, tape recordings, etc. Committee Agendas and meeting minutes/notes for Semipermanent 7 years Records special groups convened by HR for specific purposes such as Benefits, Compensation, and Wellness. Correspondence, Correspondence created or received in the Semipermanent 5 years Administrative course of administering City policies and programs. Correspondence, Correspondence regarding day-to-day office Transitory Until administrative Transitory operations and does not contain unique need ends information about City functions or programs. Databases Database records created and maintained for Transitory Until administrative the purposes of generating reports, data need ends or record files, and a variety of different outputs. is superseded Department HR guidelines, including but not limited to, Semipermanent 10 years from date Guidelines, Salary Administration Guidelines. guideline in its Policies, entirety, or any part Procedures, thereof, is officially Processes, and replaced, updated City Standard Operating Policy/Procedure Semipermanent 20 years from date Reports Manual. SOP Manual in its entirety, or any part thereof, is officially replaced, updated Records documenting and relating to HR Semipermanent 5 years from date processes, including but not limited to, HR process in its recruiting/interviewing processes. entirety or any part thereof, is officially replaced, updated Policies, reports, and documents regarding Semipermanent 10 years the internal department operations and procedures (e.g. Turnover, Recruiting reports, etc.). HR reports regarding department Semipermanent 10 years performance or other management presentations. Includes reports documenting trends, department or City performance in key areas as determined. Records that document the formulation, Transitory Until administrative adoption and implementation of internal need ends or record actions/decisions. is superseded CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 27 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Employee Benefits Records relating to city employee benefits Semipermanent 75 years after information such as: selection of insurance IC §§ 50-907(2)(g) employee plans, retirement, pension, and disability and 45-610; 29 separation, plans, deferred compensation plans, and CFR 1627.3; 29 expiration of other benefit information. Records may CFR 1602.31; eligibility, or include but are not limited to: plan selection IDAPA completion of and application forms, enrollment records, 09.01.35.081 litigation, whichever contribution and deduction summaries, is longest personal data records, authorizations, beneficiary information, year-end leave balance reports, notices of disability payment made, and related documentation. Employee Medical Document an individual employee's work- Semipermanent 75 years after Records related medical history. These records are IC §§ 50-907(2)0 employee not personnel records and must be kept in a and 72-601; 29 separation, separate location from employee personnel CFR 1602.31; 29 expiration of records as required by the Americans with CFR 1910.1020 eligibility, or Disabilities Act. Records may include, but completion of are not limited to: medical exam records litigation, whichever (pre-employment, pre -assignment, periodic is longest or episodic), X-rays, records of significant health or disability limitations related to job assignments, documentation or work-related injuries or illnesses, hearing test records, hazard exposure records, first- aid incident records, physician statements, release consent forms and related correspondence. Employee Document of employee's work history. Semipermanent 75 years after Personnel Records Records may include, but are not limited to: IC §§ 50-907(2)0 employee employment applications, notices of and 45-610; 29 separation, appointment, training and certification CFR 1627.3; 29 expiration of records, records of health limitations, drug CFR 1602.31; eligibility, or testing, salary schedules, personal actions, IDAPA completion of performance evaluations, awards and other 09.01.35.081 litigation, whichever special recognition, letters of is longest recommendation, investigation information, disciplinary action, notices of layoff, letters of resignation, home address and telephone, emergency notification forms, oaths of office, grievance and complaint records, and relate correspondence and documentation. (See also Employee Benefits Records, Employee Medical Records, Recruitment and Selection Records, and Volunteer Records). Employment Document to the U.S. Immigration and Temporary 3 years after date of Verification Naturalization Service that an applicant or IC § 50-907(3)(d), hire or 1 year after (I-9) of Job employee is eligible to work in the U.S. 8 U.S.C. § employment is CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 28 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Applicants Information includes: employee information 1324a(b)(3) terminated, and verification data such as citizenship or (Immigration whichever is later alien status and signature, employer review Reform and and verification data such as documents, Control Act) which establish identity and eligibility, and employer's signature certifying that documents were checked. This category includes forms completed for all new hires, as superseded or previous forms completed on rehires. Forms Forms created for use by HR personnel to Transitory Until administrative facilitate work, including Performance need ends or record Review, job description template, PAR is superseded template, etc. Hazard Exposure Emergency response employees exhibiting Semipermanent 75 years after Records signs or symptoms possibly resulting from IC § 50-907(2)(g); employee exposure to hazardous substances are 29 CFR 1910.1020 separation, required to be provided medical expiration of examination and consultation. Records eligibility, or include: employee's name and social completion of security number; physician's written litigation, whichever opinion, recommended limitations; results is longest of examinations and tests; employee medical complaints related to hazardous substance exposure; description of employee's duties as they relate to exposure; the employee's exposure levels or anticipated exposure levels; description of protective equipment used; and information from previous medical examinations of the employee which is not readily available to physician and other information. Insurance Records documenting plan descriptions and Semipermanent 10 years Policies/Plans: summaries of city insurance policies and Employee Group plans covering employee group health and Health and Life life benefits, including annual certification Benefits records. Kinds and Levels Records documenting the description, Temporary 3 years Chart classification and compensation of city jobs IC § 50-907(3)(d); and positions. Usually includes details of 29 CFR Part 1602 duties and responsibilities of each position and 29 CFR time percentage breakdowns of tasks, skills 1627.3 and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Meeting Minutes Internal staff meeting records. Transitory Until administrative need ends or record CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 29 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD is superseded Newsletters HR2You Newsletters. Transitory Until administrative need ends or record is superseded Organization HR Department Organization Charts. Transitory Until administrative Charts need ends or record is superseded Personnel Action Completed employee forms submitted to Semipermanent 75 years after (PAR) Forms HR upon initial hire, pay increase or IC § 50-907(2)(g); employee decrease, change of address, or change of 29 CFR Part 1602 separation, supervisor. and 29 CFR expiration of 1627.3 eligibility, or completion of litigation, whichever is longest Photographs Photographs relating to HR Transitory Until administrative sponsored/conducted City events (e.g. need ends or record service awards, employee picnic, Wellness is superseded events, etc.). Photo Photographs and other records used to Transitory Until superseded, Identification identify city employees, private security obsolete or personnel, contract workers and other. May administrative needs include photographs taken by City for end identification or prox card or driver's license photocopy. Position Records documenting the description, Temporary 3 years Descriptions classification and compensation of city jobs IC § 50-907(3)(d); and positions. Usually includes details of 29 CFR Part 1602 duties and responsibilities of each position and 29 CFR time percentage breakdowns of tasks, skills 1627.3 and abilities needed for each position, and related records documenting the development, modification or redefinition of each job or position. Presentations Formal departmental presentations to Semipermanent 5 years Council, other formal bodies. Public Records Public records requests and responses. Temporary 2 years after last Requests action Recruitment and Documents regarding the recruitment and Temporary 2 years Selection Records selection of city employees and contracted IC § 50-907(3)(d); for Applicants who service providers such as attorneys, 29 CFR 1602.31; are Hired auditors, consultants, etc. Records may 29 CFR include, but are not limited to: job 1627.3(b)(1)(vi) announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 30 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Recruitment and Documents regarding the recruitment and Temporary 2 years Selection Records selection of city employees and contracted IC § 50-907(3)(d); for Applicants who service providers such as attorneys, 29 CFR 1602.31; are Not Hired auditors, consultants, etc. Records may 29 CFR include, but are not limited to: job 1627.3(b)(1)(vi) announcements and descriptions, applicant lists, applications and resumes, position advertisement records, civil service and other examination records, interview questions, interview and application scoring notes, applicant background investigation information, polygraph test results, letters of reference, civil service records, staffing requisition forms, certification of eligibles, recruitment file (job announcement, position description, documentation relating to the announcement and test, and test items and rating levels), and related correspondence and documentation. Resource Records including notebooks, meeting Transitory Until administrative Records/Notes notes, to -do -lists, employee -compiled notes, need ends or record etc. is superseded Special Projects Documents related to special, one-time Semipermanent 10 years projects to include, but not limited to, Employee Satisfaction Survey, Policy Review/Revision, Salary Structure Review. Surveys HR and other initiated internal surveys, Semipermanent 10 years survey results (e.g. Salary Surveys, Employee Satisfactions Surveys, Best Place to Work. Etc.). Telephone Message logs, voicemails, etc. Transitory Until administrative Records need ends Training Records related to the design and Semipermanent 5 years from final Programs/HR implementation of training programs IC § 50-907(2) (g) presentation and/or provided to employees by the City. use Documents may include course descriptions, instructor certifications, instructional materials, course outlines, Un Y OF MERIDIAN ZU I J AMENDED RECORDS RETENTION SCHEDULE PAGE 31 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD class enrollment and attendance records, tests, test results, and related records. Training/Travel Records documenting attendance and Semipermanent 5 years Records presentation by HR employees at conventions, conferences, seminars, workshops, and similar training events. Includes training/travel requests, training materials, reports and related correspondence. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 32 OF 65 INFORMATION SERVICES DEPARTMENT RECORD DESCRIPTION I CATEGORY RETENTION PERIOD City,Clerk's Office Audio/Video Audio and video recordings of City Semipermanent 5 years Recordings Council, Commission and Committee Meetings. City Commissions Bylaws, meeting minutes, agendas and Permanent In perpetuity & Committees minute books of city commissions and IC §50 - committees. 907(1)(a) City Council Records documenting meetings of the city Permanent In perpetuity Meeting Agenda, council and motions, resolutions, IC §50 - Minutes and ordinances, transcripts and other actions 907(1)(a) Minute Books taken at council meetings. Contracts & Agreements with vendors and other Semipermanent 100 years Agreements to parties for the acquisition, lease, lease- IC §50 - which the City is a purchase or sale of equipment, supplies, 907(2)(6) Party services or property and easement agreements which have been approved at a City Council meeting or have been recorded with Ada County. Correspondence, Correspondence created or received in the Semipermanent 5 years Administrative course of administering city policies/programs. Correspondence, Correspondence regarding day-to-day Transitory Until administrative Transitory office and housekeeping correspondence need ends and does not contain unique information about city functions or programs to include scrolling agenda and announcements. Deeds & Real Records relating to ownership of real Permanent In perpetuity Property Records property, including deeds, title opinions, IC §50 - abstracts and certificates of title, title 907(1)(e) insurance, documentation concerning alteration or transfer of title, and records relating to acquisition and disposal of real property such as offer letters, options, agreements of short duration, staff reports, appraisal and inspection reports, letters of transmittal, and related records. Election - Reports showing contributions and Permanent In perpetuity Campaign Finance expenditures in city campaigns by IC §50 - Reports mayor/council candidates, political 907(1)0 committees and independent persons/entities. Includes C-1 (Certification of Treasurer), C-2 (Campaign Financial Disclosure Report), C-4 (Independent Expenditures), C-5 (48 CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 33 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Hour Notice of Contributions/ Loans Received), C-6 (Statement by Nonbusiness Entity), and C-7 (48 Hour Notice of Independent Expenditures). Election - Includes declarations of candidacy and Permanent In perpetuity Candidate intent for candidates for city elective IC §50- Declarations & office. Declarations of candidacy are 907(1)0 Petitions filed by candidates to get their name on the election ballot, and are accompanied by a filing fee of $40 or a petition with the signatures of at least five qualified city electors, including a certification by the county clerk of the number of signatures that are of qualified city electors. Declarations of intent are filed by write-in candidates, and do not require the filing fee or petition. Election — Includes the first and second notice of Permanent In perpetuity General/Regular election and sample ballot which are IC §50- (Election Files) published in the official newspaper, poll 907(1)(g) books showing the name, address and signature of those voting in City elections, and the tally book in which election staff record and total the votes cast for each candidate and ballot question at the polling precinct. Election — Includes the following records: polling Semipermanent 5 years General/Regular places, judges and clerks, challengers and IC §50- (Working Files) watchers, voting machines and vote tally 907(2)(g) systems, correspondence, and other records not specifically listed in this schedule. Election ballots, including voted ballots, Temporary 2 years unused ballots, spoiled ballots, ballot IC §50- stubs, absentee voting, and duplicate poll 907(3)(c) books Notes Records related to administrative notes, Transitory Until administrative internal meeting notes, To Do Lists. need ends Oaths of Office Signed oaths of elected officials swearing Permanent In perpetuity to uphold the federal and state constitutions and laws of the city. Passports — General Training records, Department of State Transitory Until record is Information monthly newsletters, and Passport superseded Agent's Reference Guide. Passports - Daily transmittal spreadsheets that Transitory 2 years Transmittals accompany passport applications mailed to the Department of State Regional office. CITY OF MERIDIAN 2015 AMENDED RECORDs RETENTION SCHEDULE PAGE 34 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Permits & Licenses Records relating to city permits and Semipermanent 10 years licenses issued in the City Clerk's Office. IC §50- 907(2) d) Public Notices Records relating to proof of mailings. Transitory Until administrative need ends Public Records Written public records requests, city Temporary 2 years after last Requests denials of public records requests, action responses, etc. Records Destruction records including destruction Permanent In perpetuity Management resolution and authorization from Idaho Records State Historical Society and legal counsel. Records of Records of historical significance not Permanent In Historical otherwise maintained by the Meridian perpetuity Significance Historical Preservation Commission. Room Scheduling & Records documenting scheduling and Transitory Until administrative Reservation reservations related to public meeting need ends Records for City rooms in City Hall. Such as reservation Hall request forms, payment records and Outlook calendar scheduling records. Vehicle Titles State of Idaho Certificate of Title for Transitory Until vehicle is no vehicles owned by the City. longer owned by the .City. Information Technology . Backup Tapes A copy on a tape cartridge of the contents Transitory 1 year of all data from the City servers. Case Management All cases opened in Case Management. Semipermanent 10 years Notes IC §50- 907(2)(g) (other) Department Policies Policies, reports, and documents Semipermanent 5 years and Reports regarding internal department operations IC §50 - and procedures, e.g. computer usage 907(2)(e) (dept. policy, password policy, service level report) goals, training materials, evaluations of materials. Disaster Recovery Strategy for retention and recovery of Transitory Until superseded or Plan network and electronic documents updated following network or server crash or failure Information Minutes kept of monthly MIS Committee Temporary 2 years Steering Committee meetings. IC §50 - Minutes 907(3)(d) (other) Internally- Text -based programming statements or Transitory Until superseded or Generated Source instructions that create or execute a updated Code computer program. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 35 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Internet History List of websites accessed on City Transitory 90 days computers and electronic devices. Inventory List of electronic devices held by City Transitory Until superseded or Management and software licensing information and updated specifications for each electronic device used by City. Outlook Meeting requests sent and received by Transitory Until deleted by user Appointments employees via Outlook; appointments scheduled via Outlook by employees; meeting & appoint-ment reminders sent and received via Outlook. Outlook E-mail All e-mail messages, sent or received by Semipermanent 5 years Messages — General City staff using Outlook software, that are IC §50 - City Staff stored in Outlook or the City's e-mail 907(2)0 archiving system. (E-mail messages may (other) be preserved elsewhere in digital or paper format for longer periods of time as the subject matter of such messages may require). Outlook E-mail All e-mail messages, sent or received by Transitory Until deleted by user Messages — Specific part-time staff, seasonal staff, temporary City Staff staff, interns, or firefighters 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 require). Outlook Tasks and Tasks, task requests and reminders sent Transitory Until deleted by user Notes and received by employees via Outlook. Prox Card Access Register of which prox cards have Transitory 90 days History accessed a restricted area. Security Camera Video footage from security cameras Transitory Until overwritten by Footage mounted on and in city facilities. system ShoreTel Phone List of incoming and outgoing calls, Transitory 90 days History including phone numbers and caller identification, as available. Voice Mail Incoming verbal messages recorded on Transitory Until deleted by user Messages ShoreTel or other voice mail systems. CITY Or MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PACE 36 or 65 MAYOR'S OFFICE RECORD DESCRIPTION CATEGORY RETENTION PERIOD Agendas & Agendas and minutes of Director Semipermanent 10 years Minutes Meetings, Operational Meetings, Mayor's Youth Advisory Council Meetings. Annual Reports Report on City's and Mayor's Office Permanent In perpetuity activities over preceding year summarizing activities and financial performance. Applications Forms and materials submitted with Semipermanent 10 years application for positions or awards administered by Mayor's Office, including applications for scholarships, Promise partners, Mayor's Youth Advisory Council, volunteer positions, City commissions, and City committees or task forces. Attendance Sheets Sign -in sheets, where offered, for Temporary 2 years from date of activities and events hosted by the event Mayor's Office. City Website HTML text stored in data base table in Transitory Until updated or Content CMS. Note: Source document may superseded exist elsewhere, and be retained pursuant to separate record retention schedule. Correspondence- Records created or received in the Semipermanent 5 years General course of administering city Administrative policies/programs, but these records do not provide insight into significant policy/program discussions or decisions. To include: Citizen response letters. Correspondence Day-to-day office and housekeeping Transitory Until administrative correspondence not unique to City needs ends functions or programs. May include; thank you notes, welcome letters, letters to homeowners associations and businesses. Policy/program correspondence, Permanent In perpetuity documenting the formulation, adoption, and implementation of significant policy/program decisions. May include correspondence relating CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 37oF65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD to Commission and Committee appointments and correspondence with other government agencies. Memoranda Internal or external memoranda Permanent In perpetuity summarizing research, recommendations, and other information. News Releases A written or recorded record directed Permanent In perpetuity at members of the news media for the purpose of making a newsworthy announcement. Photos Published or historically significant Permanent hi perpetuity photographs taken, owned, or stored by the Mayor's Office. Photographs that are not used or Transitory Until administrative needed for a particular purpose. need ends Proclamations City -initiated proclamations. Permanent In perpetuity Outside group -initiated proclamations. Transitory 1 year Publications Informational or promotional Semipermanent 10 years publications of the Mayor's office, including newsletters, flyers, marketing materials, brochures, program materials. Public Addresses Records relating to State of the City Permanent In perpetuity address. May include script, video, PowerPoint, program, agenda, photos. Records relating to State of the City Transitory Until administrative addresses or speeches. May include need ends script, video, PowerPoint, program, agenda, photos. Talking Points Records prepared to summarize issues Transitory Until administrative in preparation for discussion with the need ends public or media. Videos Videos prepared monthly for Permanent In perpetuity informational or promotional purposes, e.g., Celebrate Meridian. Videos prepared weekly for Temporary 2 years informational or promotional purposes, e.g., City Council meetings, This Week in Meridian. Raw video footage, used or unused. Transitory Until administrative need ends CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 38 OF 65 PARKS & RECREATION DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Facility Form applying for reservation of MPR Temporary 2 years Reservation facility; other required documentation IC §50 - Application and such as proof of insurance. 907(3)(d) Materials Financial Aid Completed application form and Temporary 2 years Applications materials submitted to request IC §50 - financial assistance for children's 907(3)(d) class or program. Incident or Reports of incidents, injuries, or Temporary 2 years Accident Reports accidents incurred during or related to IC §50- a department -sponsored or 907(3)(d) department -provided class, camp, program, reservation, or activity. Indemnity Forms, Signed waiver/indemnity agreement Temporary 2 years Medical Release related to individual's or 1C§50 - Forms, Waivers organization's participation in 907(3)(d) department -sponsored or department - provided class, camp, program, reservation, activity, transportation, or travel. Internal Logs of employees' time, tasks, and Permanent In perpetuity Department Time location; reports and analysis of IC §50 - Logs and Reports related data. 907(1)(h) Memorial Forms Form requesting memorial in MPR Permanent In perpetuity facility under established memorial IC §50 - program (e.g. Generation Plaza Brick 907(1)(h) Sales form, Memorial Tree Program form). Parks & Recreation Annual newsletter prepared by Parks Permanent In perpetuity Department & Recreation Department. IC,¢50- Newsletters 907(1)(h) Public Input Records of public input, including Permanent In perpetuity Records survey results, neighborhood meeting IC §50 - minutes, correspondence, etc. 907(1)(h) Registration Forms Form and related materials collected Temporary 2 years and Materials from individuals registering for a IC §50 - recreation class, team, or event. 907(3)(d) Sign in/Sign out Forms completed by parents to signify Temporary 2 years Sheets that minor has been dropped off or IC §50 - picked up from a department- 907(3)(d) sponsored or department -provided class, camp, program, or activity. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 39 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Sports Schedules Record of games played and final Temporary 2 years and Scores scores. IC §50- 907(3)(d) Team Rosters Record of all individuals registered for Temporary 2 years a sports team. IC §50- 907(3) (d) Tree Inventory Inventory of all public trees Permanent In perpetuity maintained by City Arborist per City IC §50 - Code. 907(1)(h) CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 40 OF 65 POLICE DEPARTMENT RECORD DESCRIPTION CATEGORY RETENTION PERIOD Activity Reports Daily, weekly, monthly or other Semipermanent 5 years reports documenting the activities of IC §§50 - employees, including type of activity, 907(2)(e) employees involved, time spent on activity, work completed, equipment used, etc. Animal Control Reports documenting animal control Semipermanent If citation is issued or Reports calls for service and activities; IC §50- charge is filed: typically includes reports of lost/found 907(2)0 5 years after final dogs, dogs at large, dog bites, disposition. voluntary relinquishments, etc. Supportive document that are scanned If no citation is issued into the police report are typically and no charges are kennel cards, adoption paperwork, filed: 5 years after release to owner paper work, closure of file. euthanize record, copy of citations issued, vicious dog reports, findings, and correspondence, etc. Note: Does not include animal control reports embedded with a crime report (DR), which shall be retained according to the retention period established for DRs. Audio Files (active Audio recordings created by police Transitory 6 months after final case pending) officer making a traffic stop or other disposition of citation citizen contact, where a citation is or charge issued, an arrest is make, a charge is filed, or an investigation is opened regarding the incident. Note: Does not include audio recordings embedded with a crime report (DR), which shall be retained according to the retention period established for DRs. Audio Files (no Audio recordings created by police Transitory 30 days after recorded case or officer making a traffic stop or other investigation citizen contact, where no citation is pending) issued, no arrest is make, no charge is filed, and no investigation is pending regarding the incident. Briefing Records Records documenting internal Transitory Until administrative communications between supervisors need ends and shift workers or between staff on different shifts to alert them to CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 41 or 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD problems, issues or activities. Records may include, but not limited to: briefing logs, ILETS/NCIC messages, and bulletins from other agencies. Bulletins from Records including bulletins, circulars, Transitory Until administrative other Agencies and related records received from need ends federal, state and local law enforcement agencies. Usually contains descriptions and photographs of fugitives, missing persons, stolen property, etc. Community Service Records relating to police community Transitory Until administrative and Outreach service programs. Records may need ends Programs include: publications, mailing lists, plans, evaluations, notes, reports, lesson plans and outlines, etc. Crime Analysis Records documenting police efforts to Temporary 3 years Statistics anticipate, prevent, or monitor IC §50- criminal activity. May include 907(3)(d) statistical summaries of crime patterns, modes of operation, analysis of particular crimes, criminal profiles, forecasts, movements of known offenders, etc. Crime Reports Reports created by police officers Permanent In perpetuity (DRs) for Major documenting a criminal offense and Crimes actions taken, may include charging or (homicide, rape, arresting suspects. Information kidnapping, typically included in this case report is robbery, and location of occurrence, date and time, aggravated battery) handling officer, involved parties involved and their personal information (suspect, victims, witnesses, reporting party, etc.), a summary of the events and additional supportive documents, which may include embedded audio recordings, notarized probable cause statements, witness statements, runaway forms, release of custody forms (juveniles), criminal background information (ILETS/Triple III, Ada LE Lookup, ISTARS, JDOC), documents provided by citizens and victims, copy of citations, property invoice and release of property forms, etc. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 42 of 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Crime Reports Reports created by police officers Semipermanent If citation is issued or (DRs) for other documenting a criminal offense and IC ,¢50- charge is filed: Crimes actions taken, may include charging or 907(2)(g) 5 years after final arresting suspects. Information disposition. typically included in this case report is location of occurrence, date and time, If no citation is issued handling officer, involved parties and no charges are involved and their personal filed: 5 years after information (suspect, victims, closure of file. witnesses, reporting party, etc.), a summary of the events and additional supportive documents, which may include embedded audio recordings, notarized probable cause statements, witness statements, tow slips, administrative license suspension forms, intoxilyzer slips, field sobriety tests form, runaway form, release of custody form (juveniles), criminal background information (ILETS/Triple III, Ada LE Lookup, ISTARS, JDOC), documents provided by citizens and victims, copy of citations, property invoice and release of property forms, Leads Online printouts, shoplifting reports from store security officers, etc. Criminal History Records obtained via ILETS or local Transitory Until administrative Records or jail systems (Ada LE Lookup) that need ends ILETS/NCIC provides information on the Reports accumulated criminal arrest and conviction history of an individual which may be useful in an investigation. Records may include a summary sheet, arrest record, fingerprint information, and mug shot; information typically includes name, aliases, residence, sex age, date and place of birth, height, weight, hair and eye color, scars, marks, tattoos, abnormalities, date of arrest, offense committed. Note: Does not include criminal history records embedded with a crime report (DR), which shall be retained according to the retention period established for DRs. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PACE 43 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Daily Patrol Log Summary of patrol calls for service Transitory 1 year that result in a case report (DR) being generated. May include type of call, location, time, short summary and case number. Expunged or Police reports documenting criminal Semipermanent 5 years Sealed Records charging and/or arrests of a person IC §§50 - whose petition to seal the records is 907(2)(g) granted by the court. This includes juvenile records. Field Interview Informational document written by Temporary 3 years Reports (FI cards) police officers relating to individuals, IC §50 - events, or vehicles for which the 90 7(3) (d) officer does not have probable cause for enforcement. Typically includes name and current address of person contacted, physical description of person or vehicle, officer's name, location of contact, date and time , reason for contact, etc. Firearm Disposal These files contain records of firearms Semipermanent 5 years Records that have been disposed of through IC §50 - sale, trade or destruction. They 907(2)0 include manufacturer's name, serial number, model, caliber, disposal method, disposal date, name of business purchasing the firearm, and bid. Gun Dealers' Sales Records documenting purchases of Transitory Until background Records guns from dealers. May include check is completed duplicate register sheets mailed by the and administrative dealer to the police department and need ends triplicate register sheets mailed by the dealer to the State Police for criminal records checks and then forwarded to the city police department. Information may include sheet number, sales person, date and time, city, serial number, make, model, caliber, purchaser's information, and signatures. Impounded and Forms documenting vehicles Semipermanent 5 years Abandoned Vehicle impounded by police due to accidents, IC §50 - Records (impound abandonments, recovered stolen 907(2)(g) forms) vehicles, vehicles used in commission of a crime, etc. Documents may include notifications, information cards or sheets, receipts, etc. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PACE 44 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Information typically includes make, model, year, color, vin identification number, tag number, condition and contents of vehicle, tow company used, release conditions, name and address of individual to whom the vehicle was released. Note: Does not include impound forms embedded with a crime report (DR), which shall be retained according to the retention period established for DRs. Indemnity Bonds Copies of insurance bonds issued to Semipermanent 5 years after seizure is indemnify the police department IC §50- completed against claims of wrongful actions in 907(2)(g) civil seizure cases. Informant Case Records documenting information Temporary 3 years Files about informants used by department IC §50 - personnel. Records typically include 907(3)(d) reports, correspondence, payment records, fingerprint cards, signature cards, letters of understanding on informants' activities and related records. Intoxilyzer 5000EN Factory and State of Idaho Certificates Temporary 3 years and LifeLoc for instrument. IC §50 - Instrument 907(3)(d) Certificate Intoxilyzer 5000EN Logging of each person that takes the Temporary 3 years Log and LifeLoc breathalyzer test and verification IC §50 - Performance testing, may include name of suspect, 907(3)(d) and Verification Log date and time, test results, operator's IDAPA name, calibration check results, 11.03.01.013.06 simulated temperature in range, comments, etc. Intoxilyzer User User certification cards and class Transitory Until administrative Certifications and roster for our agency's Officers. need ends Class Roster Intoxilyzer instructor replaces with each new certification period. Master Name Index Information on every individual who Semipermanent 100 years Records has been field interviewed, arrested, IC §50 - suspects or accomplices in crimes, 907(2)0 victims, complainants, and witnesses to incidents. Information typically includes name, address, date of birth, race, sex, date and time of incident or contact, case number (DR#), citation numbers and other identifying data. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 45 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Master Name files are automated in either Laserfiche or New World RMS. Media Log Summary from daily patrol log for Transitory 1 year release to the news agencies and public. Includes DR # (case number), type of call for service, arrest information, location of offense. Parking Citations Police Department copy of citations Transitory 6 months after final issued for parking violations. disposition of citation Information includes date and time, or charge location of offense, vehicle license plate information and Meridian City Code violation number, and issuing officer. Parking citations that are paid are sent to City Hall Finance Department. Parking citations that are unpaid and lead to court summons are sent to the City Prosecutor. Photo Identification Photographs and other records used to Transitory Until administrative Records identify agency employees, private need ends security personnel, contract workers and others. It may include photographs taken for agency identification cards and prox cards, driver's license photographs, and information such as name, date of birth, physical description, identification number, driver's license information. Polygraph Records Records documenting polygraph tests Semipermanent 5 years given to criminal suspects, for internal IC §50 - investigations, and other purposes. 907(2)(8) Includes pre -examination records, questions, statements of consent, analysis reports, results charts, conclusions, interviewee statements, and related information. Property and Records used to track property and Semipermanent 5 years Evidence Control evidence coming into the police IC §50 - and Disposition department's possession. Documents 907(2)(g) Records receipts, storage, and disposition of person property and physical evidence from defendants, victims, etc. May include evidence photographs and documenting crime scenes, accidents, and other incidents. Records often include receipt forms, evidence logs (showing chain of possession of CITY OF MERmIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PACE 46 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD evidence), property reports, destruction lists, property consignment sheets, seized firearm logs, homicide evidence inventories, etc. Information usually includes case number, tag number, date and time, property or evidence description, storage location, release date, etc. Note: Does not include property and evidence control and disposition records embedded with a crime report (DR), which shall be retained according to the retention period established for DRs. Radar Equipment, Records documenting the calibration Temporary 3 years after Certifications, and and maintenance of radar equipment IC §50- retirement of Maintenance that may be useful in documenting the 907(3)(d) equipment Records accuracy of the readings. Often includes original factory certification of calibration. Information relating to maintenance and repair may include a description of the work completed, parts used, date of service, equipment number, make, model, etc. Traffic Collision Documents of traffic collisions Semipermanent If citation is issued or Reports investigated by the police department. IC §50- charge is filed: These reports typically include 907(2)(8) 5 years after final complete information on all cars and disposition. drivers involved in the accident, location of occurrence, damage, cause If no citation is issued of accident, date and time, accident and no charges are diagram, description and weather filed: 5 years after conditions. closure of file. Note: Does not include traffic collision reports embedded with a crime report (DR), which shall be retained according to the retention period established for DRs. Vacation Watch Records (forms) documenting Transitory Until administrative Forms inspection of homes and other need ends properties when the owner/occupant is away. Information typically includes name, address, date requested, vacation beginning and ending time, emergency contact information, special conditions, date and time officers check the house or property, etc. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 47 OF 65 PUBLIC WORKS DEPARTMENT RECORD DESCRIPTION CATEGORY I RETENTION PERIOD All Divisions (Administration, Business Operations, Capital Projects and Facilities, Construction Inspection, Engineering, Environmental, Wastewater,Water) ' Accessibility Records, Contractor logs, key list, and any other Semipermanent 5 years City -Owned Facilities records documenting access to City - owned buildings by authorized persons. Activity Reports Daily, weekly, monthly or other reports Semipermanent 5 years documenting the activities of Public Works Department employees, including: type of activity, employees involved, time spent on activity, work completed, equipment and fuel used, reports, logs, log sheets, and related records. Ada County Highway Permits issued by Ada County Highway Semipermanent 5 years District (ACHD) District (ACHD) to dig in public utility Permits easement. Administrative Clothing order spreadsheets, copies of: Transitory Until administrative Records Accounts Payable invoices, expense reports, need ends or record is leave request logs, MIP Accounts Payable superseded invoices, professional membership documents, evacuation checklists and on call yearly roster logs. Alarm Monitoring / Reports of monitoring fire alarms, security Semipermanent 5 years Test Results Reports alarms and sprinkler tests for all relevant City -owned facilities including annual fire alarm testing, annual backflow testing, quarterly sprinkler testing in Sapphire suppression system, monthly fire pump runs, and monthly check on fire extinguishers and Sapphire. Budget Preparation Work documents utilized to build base Semipermanent 1 -years Records budgets and establish yearly budgets, including vehicle replacement worksheets, enhancements, amendments and carry forward support. Correspondence, Correspondence created or received in the Semipermanent 5 years Administrative course of administering City policies, procedures, or programs. Correspondence, Day-to-day office and housekeeping Transitory Until administrative Transitory correspondence that does not contain need ends unique information about City functions or programs. Customer Complaints Complaint letters, notes on phone calls Temporary 3 years from and in person complaints from complaint resolution customers/citizens. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 48 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Databases Database records created and maintained Transitory Until administrative for the purposes of generating reports, data need ends or record is files, and a variety of different outputs. superseded Departmental Department reports, performance Semipermanent 10 years Reports management presentations. Engineering Capital Engineering Capital & Enhancement Plan Semipermanent 10 years and Enhancement (ECEP) - 5 year Capital Improvement Plan (ECEP) Reports Plan Reports. Equipment Records of repair and maintenance of Transitory Until asset is Maintenance and equipment assigned to Public Work, removed from service Repair Records including but not limited to: generators, or until administrative sewage lift pumps, water pumps, office need ends.. equipment, and furniture. Records may include summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Facility Assessments, Records regarding maintenance and Transitory Until administrative Maintenance, and repairs of buildings and grounds owned or need ends or record is Repair Records leased by the City including assessments superseded of the condition of City -owned buildings, summaries, logs, reports, and similar records usually compiled from daily work records. Forms Forms created for use by Public Works Transitory Until administrative personnel to facilitate their work including need ends or record is but not limited to performance review superseded forms, project forms, staff forms, communication forms, and record retention labels. Geographic Aerial photographs of properties within Permanent In perpetuity Information Systems, the City. Digital Orthophotography Images Geographic Points, lines, attributes, and polygons Transitory Until superseded Information Systems, relating to infrastructure that the City GIS Data owns or maintains. Geographic A visual representation of data within a Transitory Until administrative Information Systems, particular geographical area. Also includes need ends Maps maps and data provided by outside agencies including edge of pavement, parcels, roads, and others. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 49 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD HR Documents Departmental employee personnel records Transitory Until employment is should be kept in the appropriate terminated; then Division's file until employment has been forward to HR terminated (involuntary or voluntary) and then the file should be sent to HR for retention. Maintenance Request Records documenting requests and Temporary 2 years Record responses thereto concerning a variety of maintenance responsibilities carried out by the Public Works Department. Examples include, but are not limited to: brushing and limbing, road grading, rocking, sealing, patching, and marking, traffic signals and signs, City -owned buildings and equipment, and water and sewer system problems. Master Plan Records Records that document the present and Permanent In perpetuity projected needs of the City for water, sewer, storm drainage, streets, bike paths, and other utility related systems. Includes an implementation schedule for construction; plans, reports, evaluations, cost analyses, drawings, and related documents containing rates, inventory evaluations, system rehabilitation or replacement, distribution of services, etc. Materials Safety Data Materials Safety Data Sheets (MSDS). Transitory Until chemical is Sheets (MSDS) Also see Potential Exposure Records removed or record is below. superseded Meeting Minutes Internal meeting agendas, minutes, sign -in Semipermanent 5 years sheets Photos, Construction Photos relating to Public Works Permanent In perpetuity construction activities, infrastructure, inspection photos, etc. Photos, Building Photos relating to repair and replacement Semipermanent Keep records Maintenance of City -owned equipment, material, and requiring engineering facilities. stamps 2 years after life of structure. Keep all other records 10 years. Photos, GeneralPhotos related to Public Works Transitory Until administrative Department activities and other general need ends use pictures. CITY OF MERIDIAN 2015 AMENDED RECORDs RETENTION SCHEDULE PAGE 50 OE 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Potential Exposure Report created when personnel is exposed Transitory Until employment is Records or potentially exposed to a chemical, terminated; then including MSDS sheet of the chemical forward to HR involved. Record is placed in the employee personnel record. Presentations Departmental presentations. Semipermanent 10 years Preventative Preventative maintenance schedules, work Temporary 3 years Maintenance Work orders. Plans Process Documents Standard Operating Procedures, Process Semipermanent 5 years Flowcharts, Workflows, Responsible Accountable Consulted Informed (RACI) Charts and Process Performance Measures. Quotes Quotes from contractors and other service Temporary 3 years providers. Preliminary and final quotes for goods and services used to conduct building repairs, maintenance, or modifications. Record Drawings Revised set of drawings submitted by Permanent In perpetuity contractor upon completion of land development phase of a commercial, governmental, or residential project or components thereof. This includes stamped record drawings, as-builts, and wiring diagrams including but not limited to water and sewer infrastructure as installed in Meridian. Safety Documents Health and Safety Manual, safety audits, Semipermanent 30 years training, standard operating procedures, auditory testing records, respirator fit test information. Safety Meeting Topics covered and sign-up sheet for Semipermanent 30 years Agenda / Signup employees who attended the meetings. Sheets Supervisory Control Reports printed from Supervisory Control Temporary 3 years And Data Acquisition and Data Acquisition (SCADA) system. Reports SCADA Technical Manuals, Owner's manuals and warranties for City- Transitory Until asset is Specifications, and owned vehicles and equipment. Includes removed from service Warranties specifications, operating instructions, safety information, and terms of coverage of repair or replacement of equipment. Telephone Records A log of all messages taken both via Transitory Until administrative phone and in person including, but not need ends limited to, recorded calls, voicemails, phone call logs. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 51 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Training/Travel Records documenting attendance and Semipermanent 5 years presentation by City employees at conventions, conferences, seminars, workshops, and similar training events. Includes training/travel requests, training and Continuing Education Unit (CEU) tracking reports, and related correspondence. Vehicle Inspection, Maintenance records, inspection work Transitory Keep until vehicle is Maintenance, Repair orders for vehicles, vehicle mileage removed from service Work orders, and reports, repair records. Reports Website Public Works Department Website. Transitory Until administrative need ends or record is superseded Water Rights Records related to City of Meridian Water Permanent In perpetuity Rights including, but not limited to, correspondence, agency filings, legal opinions, references. Administration Area of Impact Records related to analysis of expansion Semipermanent 10 years Records of Public Works services into the Area of Impact such as those for Kuna, Kuna Treatment Plant, Meridian Heights Water and Sewer District, South Meridian Planning. Committee Records Agendas and meeting minutes for special Semipermanent 5 years groups convened by Public Works such as City Services Focus Group, Construction Best Management Practices Sub- Committee, Energy. Department Policies Documents the formulation, adoption, and Transitory Until administrative implementation of internal need ends or record is actions/decisions. Includes: Computer, superseded Geographic Information System (GIS) Policy, Dress Code, Purchasing department policies. Events, Public Works Records related to planning Public Works Semipermanent 5 years internal and external events: Emergency Master Emergency plan records for City Hall, Semipermanent 10 years Plans Emergency Management, and Continuity of Operations. Newsletters Annual newsletter prepared by the Public Permanent In perpetuity Works Department. Organization Charts Organization charts. Transitory Until administrative need ends or record is superseded CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 52 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Rate / Fee Records Records related to establishing utility rates Semipermanent 10 years and fees, including calculations, research and recommendations. Resource Documents Notebooks, Meeting Notes, To Do Lists, Transitory Until administrative / Notes employee -compiled notes or references to need ends or record is assist in work including non -city lawsuits. superseded Special Projects Documents related to special, one-time Semipermanent 10 years projects to include, but not limited to, Inventory Management, Project Information, Rail with Trail, Subdivisions, and Accreditation. Studies Studies related to Public Works as Semipermanent 10 years provided by consultants. Surveys Public Works initiated internal and Semipermanent 5 years external surveys and survey results. Capital Projects and Facilities Capital Improvement Records including but not limited to Transitory Records are kept until Projects for Other attendance for public meetings, AVO's project completion Departments (Avoid Verbal Orders — Written and then turned over Instructions), change orders, construction to appropriate checklists, consultant reports, department consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project -related purchase order (PO) requisitions, project -related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project -related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Construction Construction Drawings. Transitory Until replaced by Drawings Record Drawings Construction Punch New projects inspection report on City Semipermanent 5 years Lists projects noting repairs that need made. CITY OF MERIDIAN 2015 AWENDED RECORDS RETENTION SCHEDULE PAGE 53 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Engineering Project Records including but not limited to Permanent In perpetuity File attendance for public meetings, AVO's (Avoid Verbal Orders — Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project -related purchase order requisitions (PO), project -related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project -related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. National Pollutant All records and information resulting from Semipermanent 5 years from notice of Discharge the National Pollutant Discharge termination from Elimination System Elimination System (NPDES) EPA. (NPDES) Construction General Permit including, Construction General but not limited to copy of completed and Permit and Storm signed Storm Water Pollution Protection Water Pollution Plans (SWPPPs) and SWPPP inspection Prevention Plans reports. (SWPPP) Construction Ins ection Capital Improvement Records including but not limited to Transitory Records are kept until Projects for Other attendance for public meetings, "O's project completion Departments . (Avoid Verbal Orders — Written and then turned over Instructions), change orders, construction to appropriate checklists, consultant reports, department consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PACE 54 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project -related purchase order (PO) requisitions, project -related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project -related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Construction Construction Drawings. Transitory Until replaced by Drawings Record Drawings Construction Punch New projects inspection report on City Semipermanent 5 years Lists projects noting repairs that need made. Engineering Project Records including but not limited to Permanent In perpetuity File attendance for public meetings, AVO's (Avoid Verbal Orders — Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project -related purchase order requisitions (PO), project -related POs, QLPE (Qualified Licensed Professional Engineer) letters, record drawings (filed separately), project -related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. National Pollutant All records and information resulting from Semipermanent 5 years from notice of Discharge the National Pollutant Discharge termination from Elimination System Elimination System (NPDES) EPA. (NPDES) Construction General Permit including, CITY OF MERIDIAN 2015 AMENDED RFCORDs RETENTION SCHEDULE PAGE 55 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Construction General but not limited to copy of completed and Permit and Storm signed Storm Water Pollution Protection Water Pollution Plans (SWPPPs) and SWPPP inspection Prevention Plans reports. (SWPPP) Engineering Construction Construction Drawings. Transitory Until replaced by Drawings Record Drawings Correspondence, Engineering transmittals (not project- Temporary 3 years Engineering related), serviceability letters, Letters of Interest. Engineering Policies Documents the formulation, adoption, and Transitory Until administrative implementation of internal actions / need ends or record is decisions. Includes: project design and superseded construction assumptions and procedures, customer relations and claims guidance, time off, attendance of professional association events, and other guidance. Engineering Project Records including but not limited to Permanent In perpetuity File attendance for public meetings, AVO's (Avoid Verbal Orders — Written Instructions), change orders, construction checklists, consultant reports, consultants/contractors contracts, contract addendums, council memos, daily reports, design checklists, door knockers/hangers, engineering estimates, field orders, final acceptance letters, inspection reports, Notices of Intent (NOI), Notices of Termination (NOT), Notices to Proceed, pay applications, preconstruction agendas, preconstruction notices, preconstruction recordings, progress reports, project correspondence (letters, responses), project info memos, project schedules, project -related purchase order requisitions (PO), project -related POs, QLPE (Qualified Licensed Professional Engineer) letters, record. drawings (filed separately), project -related requests for information, resubmittals, submittal responses, submittals, substantial completion letters, work change directives. Fire Flow Requests Requests from customers for fire flow and Semipermanent 75 years responses from Engineering staff based on computer modeling. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 56 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Mailing Lists Project mailing list. Transitory Until project completed Reference Documents Preliminary engineering reports, facility Permanent In perpetuity plans, other studies. Sewer Modeling Requests from customers to run sewer Semipermanent 75 years Requests model for capacity and sizing and response from Engineering staff based on computer modeling. Specifications Specifications such as, but not limited to Transitory Until administrative the City's Supplemental Specs, Idaho need ends or record is Standards for Public Works Construction superseded (ISPWC), and American Water Works Association (AWWA). Street Light Work Street light work orders. Semipermanent 5 years Orders Environmental Educational Outreach Records including but not limited to Transitory Until administrative Materials educational brochures, bookmarks, need ends or record is factsheets, and posters which are superseded displayed in the division and distributed at public education outreach events. Environmental Awards presented to citizens and Semipermanent 5 years Awards Records businesses in recognition of environmental contributions to the community. This includes but is not limited to award nominations, certificates, photographs, and lists of recipients. Floodplain Records of floodplain development Permanent In Perpetuity Administration including floodplain permits and floodplain certificates. Industrial Records related to the identification, Permanent In Perpetuity Pretreatment inspections sampling, permitting, formalized agreements and/or contracts between the City and individual facilities within the business and industrial sectors that must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. These records and supporting documentation typically include: Industrial waste questionnaires, permit applications, permits and fact sheets, inspection reports, Industrial user reports, monitoring data (including laboratory reports), required plans (e.g., slug control, sludge management, pollution prevention) , CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 57 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD enforcement activities, and correspondence to and from the Industrial User. Industrial Standard Operating Procedures, Process Transitory Until administrative Pretreatment Process Flowcharts, Workflows, Responsible need ends or record is Documents Accountable Consulted Informed (RACI) superseded Charts and Process Performance Measures related to Industrial Pretreatment processes. National Pollutant All records and information resulting from Semipermanent 5 years from notice of Discharge the National Pollutant Discharge termination from Elimination System Elimination System (NPDES) EPA. (NPDES) Construction General Permit including, Construction General but not limited to copy of completed and Permit and Storm signed Storm Water Pollution Protection Water Pollution Plans (SWPPPs) and SWPPP inspection Prevention Plans reports. SWPPP) Photos, Industrial Photos related to the identification, Permanent In Perpetuity Pretreatment inspections sampling, permitting, formalized agreements and/or contracts between the City and individual facilities within the business and industrial sectors that must comply with the federal requirements of the Environmental Protection Agency 40 CFR Part 403, General Pretreatment regulations. Project Agreements Agreements between the City and partner Permanent In perpetuity agencies for work along or within agency rights or way, or easements. Storm Drain Records documenting the maintenance Transitory Until administrative Maintenance and and repair of storm drains located within need ends or record is Repair the City of Meridian. May include superseded summaries, reports, and similar records usually compiled from daily work records on a monthly or quarterly basis. Wastewater Confined Space Entry A written authorization prepared prior to Semipermanent 5 years from date Permit employee entry into a Permit Required issued Confined Space. The Department's permit contains specific entry space, purpose and time conditions under which the entrance will operate. Construction Punch New projects inspection report on City Semipermanent 5 years Lists projects noting repairs that need made. Delivery Tickets Tickets issued by suppliers to verify Temporary 2 years delivery of supplies or materials (concrete, CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 58 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD road base, gravel, etc.). Information usually includes: date, time, amount and type of supplies/materials received, and related data. Discharge Monitoring Records documenting effluent quality Semipermanent Keep discharge Records discharged from the City wastewater monitoring reports 20 treatment facility. Includes supporting years after permit documentation such as date, period expiration. Keep all covered, National Pollutant Discharge other records 5 years, Elimination System (NPDES) permit until the end of the number, discharge number, frequency of NPDES permit cycle, analysis, sample type, and average and or as requested by maximum quantities and concentrations of state or federal solids, ammonia, chlorine, nitrogen, and agencies, whichever other chemicals. is longer. Equipment Records documenting the maintenance Semipermanent Keep 5 years after Maintenance & and calibration of equipment and equipment removed Calibration Records instruments used to undertake and monitor from service, until the wastewater treatment operations. Useful to end of the NPDES verify equipment reliability and for permit cycle, or as reference by regulatory agencies. requested by state or Information includes: date, type of federal agencies, equipment maintained or calibrated, tests whichever is longer. performed, repairs needed, comments, and related information. Mobile Waste Hauler Records documenting the dumping of Semipermanent 5 years Dumping Records septic pumpings and other wastes from various sources at the City waste treatment facility. Records include logs, manifests, and similar documents. Information includes: name and signature of hauler, quantity of wastes dumped, location at which wastes were pumped, and related information. National Pollutant Records documenting the application for Semipermanent Keep all records 5 Discharge and issuance of a permit to the City under 40 CFR 122.41 years, until the end of Elimination System the National Pollutant Discharge the NPDES permit (NPDES) Records Elimination System (NPDES) program cycle, or as requested which allows discharge of specific by state or federal pollutants under controlled conditions. agencies, whichever Records typically include: applications, is longer. permits, addenda, modifications, and related supporting documentation. Information includes: influent and effluent limits, chemical analysis records, water flow, test and recording requirements, definitions and acronyms, compliance schedules, and related data. (SEE ALSO CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PACE 59 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Wastewater Inspection Records in this section). Sewer Maintenance Records documenting the maintenance Semipermanent Keep records and Repair Records and repair of City sewers. May include requiring engineering summaries, reports, and similar records stamps 2 years after usually compiled from daily work records life of structure. on a monthly or quarterly basis. Keep other records 5 Information often includes location, years. narrative of work completed, amount and type of material used, personnel completing work, dates of activities, authorization, and related information. (SEE ALSO Activity Reports and Sewer TelevisionNideoscan Inspection Records in this section). Sewage Sludge Agreements between the City and Semipermanent 6 years Application landowners related to the application of Landowner sewage sludge to approved sites. Records Agreements include signed agreements, exhibits, amendments, and related documents. Information typically includes: agreement number, date, conditions or terns, parties involved, period covered, and signatures. Sewage Sludge Logs documenting the agricultural Permanent In perpetuity Application Site Logs application of sewage sludge to approved sites. Subjects include agronomic loading calculations related to maximum application of nitrogen in pounds per acre per year, and ultimate site life loading calculations tracking the amount of heavy metals applied. Sewage Sludge Plans submitted by the City to engage in Permanent In perpetuity Management Plans sludge disposal or application activity, Information includes: method of sludge removal, land application or disposal sites, sludge stability determination methods, projected sludge storage basin use, sludge analyses, application rates, and heavy metal limitations. Sewer Smoke Test Records documenting smoke tests Semipermanent 10 years Records undertaken to verify hookup to main sewer lines, check condition of pipes, or determine effectiveness of backflow prevention devices. Information typically includes: maps or diagrams of lines tested, location of leaks detected, inspector's name, pipe size, and related information. CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 60 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Sewer Television/ Reports documenting television Semipermanent 10 years Videoscan Inspection inspections used to locate problems and Records defects in sewer lines. Often consists of periodic inspections of existing lines, final inspections of newly constructed lines, and inspections at the end of warranty periods. Records usually contain videotapes and written reports. Information typically includes: date, type of inspection, conditions found, repairs needed, distances from manholes, and related information. Valve Maintenance Records documenting the location, Semipermanent Keep location and Records specifications, maintenance, and repair of specification records valves in the City sewer system. Includes 1 year after valve lists, charts, drawings, reports, logs, and removed from related records, valve location, service. Keep all identification number, run of pipe, size, other records 5 years. make, year installed, depth, turns to open and normal position, narratives of valve maintenance and repair, test run, personnel completing work, dates, and related information. Wastewater Facility Records such as applications, permits, Permanent In perpetuity Permit Records addenda, modifications, and related supporting documentation, documenting the application for and issuance of a permit authorizing the City to construct and operate a disposal system with no discharge to navigable waters such as sewage lagoons, land application/reuse, septic tanks, and drain fields. Wastewater Grant & Copies of records relating to Idaho Transitory Until administrative Loan Records Department of Environmental Quality need ends (IDEQ) grants and loans for wastewater facilities, including: application form and checklist, authorizing resolution, engineering contract checklist, certificate of negotiation, proof of professional liability insurance, certification of financial and management capability, and other documents. Wastewater Records documenting inspections of City Semipermanent Keep all records 5 Inspection Records wastewater treatment operations to years, until the end of monitor compliance with National the NPDES permit Pollution Discharge Elimination System cycle, or as requested (NPDES) permit conditions. These reports by state or federal and supporting documentation typically I I agencies, whichever CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 61 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD include: date, location, areas evaluated is longer. during inspection, summary of findings, pre-treatment requirements review, sampling checklists, flow measurements, laboratory assurance checklists, and related information. `Water V Backflow $10 Credit Electronic report for customers who have Temporary 3 years Log their backflow tests completed by their City-mandated annual due date. Backflow Dual A list of customers who have two water Transitory Until administrative Connection List connection sources for outdoor use. need ends Backflow Surveys A survey of properties noting the location Transitory Until administrative and type of hazard and type of assembly. need ends or record is superseded Backflow Tester Tester information including a copy of Transitory Until administrative Information their license, proof of insurance, and tester need ends or record is kit calibration. superseded Backflow Tester List A list of backflow testers with their Transitory Until administrative pricing. need ends or record is superseded Backflow Tests Backflow assemblies test report. Temporary 3 years Chlorine Residuals A report showing sample dates and Permanent In perpetuity locations of free chlorine remaining in the City water system. Clothing Spreadsheet Spreadsheet with individual clothing and Transitory Until administrative boot information. need ends or record is superseded Confined Space Entry A written authorization prepared prior to Semipermanent 5 years from date Permit employee entry into a Permit Required issued Confined Space. The Department's permit contains specific entry space, purpose and time conditions under which the entrance will operate. Construction Punch Projects inspection report on City projects Semipermanent 5 years Lists noting repairs/corrections that need to be made. Construction Samples Bacteria sample results taken for water Semipermanent 5 years line/well construction. Consumer Report mandated by EPA delivered to Transitory Until Administrative Confidence Reports Meridian citizens that are connected to need ends CCR's) City water. CITY OF MERTDiAN 2015 AMENDED RECORDS RETENTION SCHEDULE PAGE 62 OF 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Critical Water Users Records that identify critical water users Transitory Until administrative within the City of Meridian, such as need ends or record is hospitals, medical facilities, schools, large superseded corporate facilities, hotels, motels, restaurants, and the water park. This record evolves as new businesses move into Meridian and critical water users leave Meridian. Daily Chlorine Field notes from Chlorine residuals taken Temporary 3 years Residuals from various sample ports in the City water system. Dig Line Tickets Customer and contractor requests via Dig Transitory 1 year Line to locate underground City utilities before excavation begins. Fire Flow Reports Actual fire flow data taken from a Semipermanent 75 years particular fire hydrant. Hydrant Meter Billing documents from fire hydrant meter Transitory Until administrative Billing Spreadsheet readings based on water used for needs ends construction. Leak Letters Letters that were mailed to customer Semipermanent 5 years informing customer of a possible leak are attached to the service order for leak check. License Agreements Agreement between water purveyors (City Permanent In perpetuity of Meridian) and the Idaho Department of Environmental Quality (IDEM) for discharge of domestic water into U. S waterways. Maximum Maximum Contaminant Level (MCL) Permanent In perpetuity Contaminant Level Violation notices. Required by (MCL) Public Department of Environmental Quality Notification (DEQ) (DEQ) to notify the public. Meter Warranty A report on meter warranty. Semipermanent 25 years Report Monitoring Waivers Sampling waivers to reduce the frequency Permanent In perpetuity of sampling. Production & Repair/Maintenance history on Transitory Until superseded or Maintenance distribution & Production system and all removed Distribution System related equipment. History PRV/Wells Reads Hansen software reports on Pressure Permanent In perpetuity Reducing Valves (PRV) and Well reads. Radio Licensing Licensing spreadsheets for SCADA Semipermanent 10 years radios, base station and vehicle two/way radios. Reclaimed Water Survey reports to monitor compliance. Permanent In perpetuity Surveys CITY OF MERIDIAN 2015 AMENDED RECORDS RETENTION SCHEDULE PACE 63 or 65 RECORD DESCRIPTION CATEGORY RETENTION PERIOD Safety Inspections Inspections / Reports Semipermanent 30 years Sampling Chain of Sample report form for sampling City Permanent In perpetuity Custody water for bacteria to satisfy compliance monitoring. Results are reported on separate form unless sampling is done for Bac-T. Sampling Equipment Forms for calibration and certification or Permanent In perpetuity Calibration/Repair repair of sampling equipment. Sampling Sample report form for sampling the water Permanent In perpetuity Results/Special for noncompliance monitoring. Service Orders Records including requests from customer, Semipermanent 5 years Utility Billing, or Water Division to perform work or get a read at an address as well as historical logs showing service order number. Spring flush notices Flush notices mailed to customers for Semipermanent 5 years (Mailers) spring flush of water system / Maps. Subdivision Map Spreadsheet with subdivision number. Transitory Until administrative Section reports need ends or record is superseded System Location Maps, Photo's, hand drawings of Water Transitory Until administrative Documents System Components. needs ends or record is superseded Turbidity Reports Logs used for entering wasted water Semipermanent 25 years flushed from the water system and not sold. Flush locations are listed. Water Quality information, including Nephelometer Turbidity (NTU) readings, are documented. Water Asset Records that identify asset location and Transitory Keep until asset is Information manufacturer maintenance information. removed from service Water Division SOPs Standard policies and procedures for the Transitory Until administrative Water Division. need ends or record is superseded Water Meter Reports Water meter reports including: NC list, Semipermanent 5 years billing status report, autoread master route report, billing pre-scan report, re-reads, and water meter testing results. Water Quality Any mailed correspondence with labs, Semipermanent 15 years Correspondence customers, regulators concerning sampling. Water Quality Records documenting water quality calls Semipermanent 25 years Master Log from customers. Well Disconnects Documents on private well disconnects. I Permanent I In perpetuity CITY OF MERIDIAN 2015 AMENDED RECORDs RETENTION SCHEDULE PAGE 64 OF 65 Appendix A: FAQ Records Retention and Destruction Table Record Category Retention Period Original Record COPIES: Once a Copy is Made of an Original Is a Resolution to as Received by the Record, May the Original be Returned to Sender Destroy Needed for City or be Destroyed? Disposing of the Original Record?" Forever (IC 50-907(1)) Paper No, original paper permanent records must be N/A Permanent kept forever (IC 50-909(5))'" Yes, but only if the paper copy is treated as "the Digital original" and kept forever. No less than 5 years (IC50 -907(2)), but see Paper Yes Semipermanent the Department's Schedule for the Yes; original (paper/digital) and copy record inuestion q Digital (digital/paper) are "interchangeable" provided one version is kept as "the original" and No less than 2 years (IC 50-907(3)), but see Paper retained/destroyed according to the Citywide Temporary the Department's Records Retention Schedule. Schedule for the Digital record in question Seethe Department's Paper No Transitory Schedule for the record in question Digital Note: Employees can determine the record category for a particular record by going to their Department Schedule within the Citywide Records Retention Schedule. " Note: Once a Resolution to Destroy Records is approved, it applies to original + copy(s) in other formats that have not yet been destroyed. No copy can survive the specified retention period for the original record. Note: The City Clerk will notify the Department when it is "OK" to destroy. I0 Note: The only option in lieu of the City storing a permanent paper record forever is to transfer it via City Council resolution to the State Archivist CITY OF MERIDIAN 2015 AMENDED RL'CORDS RETENTION SCHEDULE PACE 65 OF 65 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6AA PROJECT NUMBER: ITEM TITLE: AA. Resolution No. /� � %b(�OOA Resolution Authorizing the Mayor of the City of Meridian to Donate Certain Theater Seats from Old City Hall to the Harvest Church 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. ! S —1 O Co o BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE THEATER SEATS FROM OLD CITY HALL TO THE HARVEST CHURCH, MERIDIAN, IDAHO. WHEREAS, it is in the best interest of the City of Meridian to declare the Theater Seats in the Old City Hall building as surplus as they are no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be 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; WHEREAS, the cost of maintaining the Theater Seats herein until they were sold, if they could be sold, exceeds their value to the City of Meridian and would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate the Theatre Seats to the Harvest Church, a non-profit religious organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is to win the world for Jesus, one person at a time. 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 that certain Theater Seats are surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the Theater Seats, for no monetary consideration, to the Harvest Church, Meridian, Idaho. ADOPTED by the City Council of the City of Meridian, Idaho, thhislday of April, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this - 1 "yday of April, 2015. snnl, Eic. APPROV a Mayojjjorrffr T e Weerd ATTEST: Jaycee D Holman, City Clerk RESOLUTION AUTHORIZING DONATION OF THEATER SEATS TO HARVEST CHURCH - 1 of 1 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 6BB PROJECT NUMBER: ITEM TITLE: BB. Final Order: FP 15-007 Whitebark Subdivision No. 1 by BHH Investments 1, LLC Located 2135 E. Amity Road Request: Final Plat Approval Consisting of Twenty -Nine (29) Building Lots and Five (5) Common Lots on 10.54 Acres of Land in an R-4 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: April 7, 2015 ITEM NUMBER: 6CC PROJECT NUMBER: ITEM TITLE: CC. Final Order: FP 15-008 Three Corners No. 3 by Conger Management Group Located Southeast Corner of N. Locust Grove Road and Chinden Boulevard Request: Final Plat Approval Consisting of Twenty -One (21) Single -Family Residential Building Lots and Four (4) Common Lots on Approximately 6.81 Acres of Land in the R-4 and R-8 Zoning Districts 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: April 7, 2015 ITEM NUMBER: 6DD PROJECT NUMBER: ITEM TITLE: DD. Findings of Fact, Conclusions of Law for Approval: AZ 15-001 Bellabrook East by ZWZ Properties, LLC Located 398 S. Locust Grove Road Request: Annexation and Zoning of 5.19 Acres of Land with an R-15 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: April 7, 2015 ITEM NUMBER: 6EE PROJECT NUMBER: ITEM TITLE: EE. Findings of Fact, Conclusions of Law for Approval: Continued from March 17, 2015: PP 15-001 Bellabrook East by ZWZ Properties, LLC Located 398 S. Locust Grove Road Request: Preliminary Plat Approval Consisting of Nine (9) Buildable Lots, Two (2) Common Lots and One (1 ) Other Lot on 5.14 Acres of Land in a Proposed R-15 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: April 7, 2015 ITEM NUMBER: 6FF PROJECT NUMBER: ITEM TITLE: FF. FP 15-009 Biltmore Estates Subdivision No. 2 by Oakwood Estates, LLC Located South of W. Victory Road and West of S. Meridian Road Request: Final Plat Approval Consisting of Twenty -Nine (29) Building Lots and Five (5) Common/Other Los on 10.62 Acres of Land in the R-4 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: April 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES N 6-y-� 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: April 7, 2015 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: B. Mayor's Office: Resolution No. : Re -appointing Stephen Lewis to Seat 5 and Tracy Hopkins to Seat 6 of the Meridian Transportation Commission MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 15 1061 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 STEPHAN LEWIS TO SEAT 5 AND TRACY HOPKINS TO SEAT 6 OF THE MERIDIAN TRANSPORTATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 3 establishes the Meridian Transportation Commission, its members and terms of their appointments; and WHEREAS, on May 22, 2013 by Resolution no. 13-925, Mayor De Weerd designated Stephen Lewis to fill Seat 5 of the Meridian Transportation Commission, with a term to expire May 31, 2015; and WHEREAS, on May 22, 2013 by Resolution no. 13-925, Mayor De Weerd designated Tracy Hopkins to fill Seat 6 of the Meridian Transportation Commission, with a term to expire May 31, 2015; and WHEREAS, the Mayor and City Council find that it is in the best interest of the people of the City of Meridian to re -appoint Stephen Lewis to Seat 5 and Tracy Hopkins to Seat 6 of the Meridian Transportation Commission. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective May 31, 2015, Stephen Lewis shall be reappointed to Seat 5 of the Meridian Transportation Commission, which term shall run from May 31, 2015 through May 31, 2018, pursuant to Meridian City Code Section 2-3-3 (C). Section 2. That, effective May 31, 2015, Tracy Hopkins shall be reappointed to Seat 6 of the Meridian Transportation Commission, which term shall run from May 31, 2015 through May 31, 2018, pursuant to Meridian City Code Section 2-3-3 (C). Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. `t ADOPTED by the City Council of the City of Meridian, Idaho, this day of April, 2015. APPROVED by the Mayor of the City of Meridian. Idaho, this jt�d�of April, 2015. AP RED —�� t `; ,N-2ATTEST: 1,4 Mayor T de WeerdJaycee FOrman, City Clerk fV,3 RESOLUTION RE -APPOINTING LEWIS AND H4IfIF(3'TO' NSPORTATION COMMISSION PAGE 1 or, I Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: $C PROJECT NUMBER: ITEM TITLE: C. Parks and Recreation Department: CableONE Movie Night in Meridian and Meridian Community Block Party Sponsor Recognition MEETING NOTES ,/ 6,�L �,5-s Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Ci t y C o u n c i l M e e t i n g Ap r i l 7 , 2 0 1 5 h2 Sl i d e 1 h2 Ag e n d a I t e m N u m b e r s / O r d e r : ho o d c , 1 2 / 1 9 / 2 0 0 6 It e m # 9 C , D , E : P a r a m o u n t S o u t h e a s t – Z o n i n g & A e r i a l Ma p s Re z o n e E x h i b i t Pr o p o s e d P r e l i m i n a r y P l a t & L a n d s c a p e P l a n Si t e P l a n f o r t h e Mu l t i - F a m i l y D e v e l o p m e n t Pr e v i o u s l y A p p r o v e d Co n c e p t u a l D e v e l o p m e n t P l a n Multi-family Residential Commercial Bu i l d i n g E l e v a t i o n s It e m s # 9 F , G , H & I : J a y k e r V i l l a g e - Z o n i n g M a p Ja y k e r V i l l a g e - A e r i a l M a p Ja y k e r V i l l a g e – A p p r o v e d C o n c e p t P l a n Ja y k e r V i l l a g e – P r o p o s e d P r e l i m i n a r y Pl a t a n d L a n d s c a p e P l a n Pr o p o s e d C - C z o n i n g b o u n d a r y Pr o p o s e d R - 1 5 z o n i n g bo u n d a r y Th e a p p l i c a n t i s r e q u e s t i n g t h e Co u n c i l r e d u c e t h e l a n d s c a p e bu f f e r o n t h e w e s t b o u n d a r y f r o m 25 f e e t t o 1 5 f e e t w i t h 6 - f o o t s o l i d fe n c i n g o n t h e i n t e r i o r e d g e o f t h e bu f f e r . Ja y k e r V i l l a g e – P r o p o s e d S t r e e t V i e w Ch i n d e n B o u l e v a r d No r t h s i d e Ma i n E n t r a n c e Ja y k e r V i l l a g e – P r o p o s e d C o n c e p t u a l E l e v a t i o n s f o r L o t 3 Ja y k e r V i l l a g e – P r o p o s e d S t o r a g e F a c i l i t y E l e v a t i o n s Ja y k e r V i l l a g e – P r o p o s e d S t o r a g e F a c i l i t y E l e v a t i o n s Ja y k e r V i l l a g e – P r o p o s e d S t o r a g e F a c i l i t y E l e v a t i o n s Ja y k e r V i l l a g e – P r o p o s e d S t o r a g e F a c i l i t y E l e v a t i o n s A. F u t u r e d e v e l o p m e n t o f t h e s i t e s h a l l b e c o n s i s t e nt w i t h t h e d e s i g n s t a n d a r d s i n U D C 1 1 - 3 A - 1 9 a n d t h e g u i d e l i n e s i n t h e M e r i d i a n D e s i g n M a n u a l . B. F u t u r e d e v e l o p m e n t o n L o t s 2 , 3 a n d 4 , B l o c k 1 s h al l g e n e r a l l y c o m p l y w i t h t h e s u b m i t t e d c o n c e p t p l a n, s i t e p l a n , l a n d s c a p e p l a n a n d b u i l d i n g el e v a t i o n s s u b m i t t e d w i t h C U P 1 5 - 0 0 3 a n d R Z 1 5 - 0 0 3 . C. D e v e l o p m e n t o f t h e s u b j e c t p r o p e r t y s h a l l c o m p l y w i t h t h e C - C s t a n d a r d s d i m e n s i o n a l s t a n d a r d s l i s t e d i n U D C 1 1 - 2 B - 3 . T h e u s e s a l l o w e d p u r s u a n t to t h i s a g r e e m e n t i s t h e s e l f - s e r v i c e s t o r a g e f a c i l it y a p p r o v e d w i t h C U P - 1 5 - 0 0 3 o n L o t 4 a n d t h o s e u s e s a l l o w e d i n t h e C - C z o n i n g d i s t r i c t l i s t e d i n U D C Ta b l e 1 1 - 2 B - 2 , e x c e p t f o r t h e f o l l o w i n g u s e s w h i c h ar e p r o h i b i t e d : d r i n k i n g e s t a b l i s h m e n t s , m i n o r v e h i cl e r e p a i r , e q u i p m e n t r e n t a l , s a l e s a n d s e r v i c e , wi r e l e s s c o m m u n i c a t i o n f a c i l i t y , d r i v e - t h r o u g h e s t a bl i s h m e n t s , v e h i c l e w a s h i n g f a c i l i t y , f u e l s a l e s f a ci l i t y , o u t d o o r r e c r e a t i o n f a c i l i t y a n d v e h i c l e s a l e s an d r e n t a l s . D. F u t u r e d e v e l o p m e n t o f t h e s i t e s h a l l c o m p l y w i t h t h e o r d i n a n c e s i n e f f e c t a t t h e t i m e o f d e v e l o p m e n t. E. H o u r s o f o p e r a t i o n w i t h i n t h e p r o p o s e d c o m m e r c i a l d e v e l o p m e n t ( L o t s 2 , 3 a n d 4 , B l o c k 1 ) s h a l l b e l im i t e d b e t w e e n t h e h o u r s o f 6 a m a n d 1 1 p m . F. T h e a p p l i c a n t s h a l l s u b m i t C Z C a n d D E S a p p l i c a t i on s t o i n s t a l l t h e s i t e i m p r o v e m e n t s ( p a v e d p a r k i n g , l a n d s c a p i n g , e t c . ) f o r t h e c o m m e r c i a l de v e l o p m e n t o n L o t 2 , B l o c k 1 , w i t h i n 9 0 d a y s ( J u l y 2 1 , 2 0 1 5 ) o f t h e a p p r o v a l o f t h e F i n d i n g s b y C i t y Co u n c i l . G. T h e a p p l i c a n t s h a l l c o n n e c t t h e e x i s t i n g b u i l d i n gs o n L o t 2 , B l o c k 1 , t o t h e p u b l i c w a t e r a n d s e w e r s y s t e m a n d a b a n d o n t h e e x i s t i n g w e l l a n d s e p t i c sy s t e m , w i t h i n 9 0 d a y s ( J u l y 2 1 , 2 0 1 5 ) o f t h e a p p r o va l o f t h e F i n d i n g s b y C i t y C o u n c i l . H. T h e a p p l i c a n t m u s t s u b m i t f o r C U P a p p r o v a l f o r t he m o b i l e s e r v i c e u s e s w i t h i n 9 0 d a y s ( J u l y 2 1 , 2 0 1 5) o f t h e a p p r o v a l o f t h e F i n d i n g s b y C i t y Co u n c i l . I. A l l c u r r e n t t e n a n t s m u s t o b t a i n f i n a l c e r t i f i c a t e o f o c c u p a n c y p e r m i t s f r o m t h e C i t y w i t h i n 9 0 d a y s ( J u l y 2 1 , 2 0 1 5 ) o f t h e a p p r o v a l o f t h e F i n d i n g s b y Ci t y C o u n c i l . Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: gA PROJECT NUMBER: ITEM TITLE: A. Public Hearing: Proposed Summer 2015 Fee Schedule of the Meridian Parks and Recreation Department MEETING NOTES (U- C--), "yo 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: April 7, 2015 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: B. Resolution No. �`7 ' /�O A Resolution Adopting the Summer 2015 Fee Schedule of the Meridian Parks and Recreation Department; Authorizing the Meridian Parks and Recreation Department to Collect Such Fees; and Providing an Effective Date 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. BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on March 23, 2015 and March 30, 2015 the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Parks and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit,4 hereto, is hereby adopted. Section 2. That the Meridian Parks and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 0 ADOPTED by the City Council of the City of Meridian, Idaho, this 7t" day of April, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, this 7th day of April, 2015. APPI D-- -- Tammy de Wer , -ayor ( lyof Clerk °ern. rni"• ..> ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 1 OF 1 Exhibit A CITY OF MERIDIAN NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GNEN pursuant to the ordinances of the City of Meridian and the laws of the State of daho, that the City Council of the City of Meridian will hold a public hearing at 6:00 p.m. on Tuesday, April 7, 2015, at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, regarding the 2015 Meridian Parks and Recreation Department Fee Schedule, including proposed new fees as set forth below. Further information regarding these fees, as well as the entire Parks & Recreation fee schedule, is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 888-3579. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Activity Guide Class Fees: Dairy Das Dancing Parade Cam $45.00 Mix & Match Summer Dance and Cheer Camps 2-3 yrs $10.00 Mix & Match Summer Dance and Cheer Camps 4-5 yrs $15.00 Let's Choreograph $48.00 Qi Ball Stretch $35.00 Learn To Love Lacrosse 3 — 6 yrs $45.00 Learn To Love Lacorsse 6 — 10 yrs $36.00 Shoshone Falls Day Trip: Senior Trip, Includes Lunch $55.00 Game Programming for Youth $150.00 Little Pallets $60.00 Adult Sports Leagues Spring Basketball — Team Fee $275.00 Spring Volleyball — Team Fee $135.00 DATED this 20d' day of March, 2015. JAYCEE PUBLISH on March 23rd and March 30th. O�PTLD AUGrig\ 4 � 1y VO4 of r�R •/ tie i&EEE CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE April 7, 2015 ITEM # 9A Project Number: Project Name: Parks 2015 Summer Fee Schedule PLEASE PRINT NAME FOR AGAINST NEUTRAL CITY OF C"F Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 9C PROJECT NUMBER: RZ 15-001 ITEM TITLE: C. Public Hearing: RZ 15-001 Paramount Southeast Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Rezone of 5.05 Acres of Land from the C -G Zoning District and 3.37 Acres of Land rom the R-40 to the C -G 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 1 PARAMOUNT . . . Southeast * CHINDEN LI N D E R ME R I D I A N McMILLAN 2 R-40 and C-G zone boundaries “tentative” pending future detailed CUP applications 3 ZONING BOUNDARY MODIFICATION 4 PRELIMINARY PLAT / CONDITIONAL USE PERMIT Future Commercial to Apartment Option Subject to Market 5 7.12.2006 6 Current 7 Intersection/Roadway Improvements (Joint development agreements with ACHD) BRIGHTON INITIATIVES Sidewalk Improvement Elementary School Site Donated High School Site Sold at Discount 8 9 10 Condition 1.1.3.d – “Driveway Access” Waiver (Driveways approved “as proposed” per ACHD Condition 7.1.8, staff report page 31) McMillan Road Me r i d i a n R o a d 11 IN SUMMARY . . . ● Apartments have been a component of the Paramount Plan from the beginning of the project in 2003 ● All public documents and marketing renderings have identified the proposed multi-family use ● Approved traffic study accounted for proposed densities, uses ● Brighton initiatives provided for neighborhood schools, enhanced pedestrian safety, transportation system improvements ● Brighton responded to early neighborhood concerns, deferring applications to work with resident committee to modify apartment site and building design, and project density ● One request: Recommendation for driveway waiver (1.1.3.d) 12 QUESTIONS? 13 14 PRODUCER McMILLAN ME R I D I A N 2007 C.D.A. IMPROVEMENTS PROPOSED C.D.A. 15 (Rev. 15.62 ac.) (Rev. 13.5 ac. net) Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: SID PROJECT NUMBER: PP 15-002 ITEM TITLE: D. Public Hearing: PP 15-002 Paramount Southeast Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Preliminary Plat Approval Consisting of One (1) Building Lot in the R-40 Zoning District; Twenty -Two (22) Building Lots in the C -G Zoning District and Five (5) Common / Other Lots on 36.04 Acres of Land MEETING NOTES v 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: April 7, 2015 ITEM NUMBER: 9E PROJECT NUMBER: CUP 15-002 ITEM TITLE: E. Public Hearing: CUP 15-002 Paramount Southeast Subdivision by Brighton Investments, LLC Located Northwest Corner of N. Meridian Road and W. McMillan Road Request: Conditional Use Permit for a Multi -Family Development Consisting of 280 Dwelling Units in an R-40 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: April 7, 2015 ITEM NUMBER: PROJECT NUMBER: RZ 15-003 ITEM TITLE: F. Public Hearing: RZ 15-003 Jayker Village Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard; West of N. Tree Farm Way and N. Tree Haven Way Request: Rezone 26.09 Acres from the C -N and the R-15 Districts to the R-15 (8.48 Acres) and C -C (17.61 Acres) Zoning Districts 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: April 7, 2015 ITEM NUMBER: PROJECT NUMBER: PP 15-003 ITEM TITLE: G. Public Hearing: PP 15-003 Jayker Village Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard; West of N. Tree Farm Way and N. Tree Haven Way Request: Preliminary Plat Approval Consisting of One (1) Residential Lot, Three (3) Commercial Lots and Three (3) Common Lots on Approximately 23.59 Acres in the Proposed R-15 and C -C Zoning Districts MEETING NOTES k)oT 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_ April 7, 2015 ITEM NUMBER: 9H PROJECT NUMBER: CUP 15-003 ITEM TITLE: H. Public Hearing: CUP 15-003 Jayker Village Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard; West of N. Tree Farm Way and N. Tree Haven Way Request: Conditional Use Permit for a Self -Service Storage Facility Consisting of a Care -Taker's / Office Building and Fifteen (15) Storage Buildings on Approximately 1 1.18 Acres of Land in a Proposed C -C Zoning District MEETING NOTES A Ot W"Y_4 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: April 7, 2015 ITEM NUMBER: PROJECT NUMBER: MDA 15-001 ITEM TITLE: I. Public Hearing: MDA 15-001 Jayker Village Subdivision by Oak Leaf Development Company, Inc. Located North Side of Chinden Boulevard, West of N. Tree Farm Way and N. Tree Haven Request: Development Agreement Modification to Exclude the Proposed C -C Zoning Boundary from the Existing Development Agreement 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: April 7, 2015 ITEM NUMBER: 10A PROJECT NUMBER: ITEM TITLE: A. Community Development: Review and Approve City Roadway, Intersection and Community Program Project Priorities for 2015 MEETING NOTES C'a'" 4AU4 J Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS April 2, 2015 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager e RE: Roadway, Intersection, and Community Program Project Priorities 2015 April 7th, 2015 City Council Agenda Item During the March 17th, City Council meeting transportation priority projects were discussed. At the direction of Council, staff has drafted a cover letter as well as a draft Top 15 Project List to send to ACHD (attached). Staff now seeks the Council's endorsement of the attached priority lists and cover letter so ACHD can consider them in their 2016-2020 Integrated Five -Year Work Plan and budget processes. The District has asked to have all of the cities' transportation project priorities by April 15t'', 2015. E IDIAN - April 7, 2015 DRAFT Jim D. Hansen Commission President Ada County Highway District 3775 Adams Street Garden City, ID 83714 Dear President Hansen: Mayor Tammy de weerd City Council Members: Keith Bird Joe Borton Luke Cavener Genesis Milam Charlie Rountree David Zaremba On March 17'' and April 7`h, the Meridian City Council discussed priority transportation projects for 2015. The City of Meridian appreciates the opportunity to submit the attached lists of transportation projects for consideration in the ACHD 2016-2020 Integrated Five -Year Work Plan (IFYWP). The City is thankful for ACHD staff attendance at both the Meridian Transportation Commission and City Council meetings in recent months, for the many questions they have answered, and for generally assisting the City as we navigate through the programming process. While we understand that congestion, safety and ultimately cost -benefit dominate the process, the City's priorities also reflect areas of our community where we are currently experiencing and anticipate eminent growth. So our priority project lists for 2015 represent both the technical merits, the reality of where roadway and intersection projects are needed today, and in the near future, as well as an effort to complete corridors and not necessarily a mile -by -mile approach to road improvements. We also want to express the City's gratitude to ACHD for ensuring that improvements occur along Ten Mile and Ustick roads, both key mobility corridors. The recent improvements on Ustick Road east of Eagle Road, and the current and planned improvements in Meridian to the west of Eagle Road, are very encouraging. The Ten Mile, Cheery to Ustick project will be a great improvement when complete later this year. While the short-term inconveniences of dealing with construction zones are not enjoyable, the long-term benefits of having fully -improved Ustick and Ten Mile corridors will be valuable for all users. The City is aware of the efforts the District has gone through over the past several years to make sure it is as efficient as possible. As part of the District's vision to be even more efficient, we would encourage you to look at partnerships with other agencies, particularly VRT, ITD and the cities within Ada County. The City understands that ACHD owns and maintains a vast majority of the lane miles in Ada County. However, there are several key State highways and multiple The Honorable Jim D. Hansen Page 2 modes/users that affect the efficiency of the overall transportation network. The City believes that ACHD should have a dialogue with all of the cities, ITD and VRT to explore if it makes sense for ACHD to participate in funding projects like public transit and pathway networks. The Commuteride program is a great example of how ACHD is already investing in alternative transportation projects; transit and a robust off-street pathway network may be the next step. You will find in the attached priority lists several projects listed that are either on or intersect a State highway. ACHD should not have to over -build the local network because ITD is not expanding highways to keep up with demand. A frank discussion about the improvements to roadways, highways, and intersections, regardless of if they are on a State highway or an ACHD arterial, should be had with ITD. Please let us know how we can support you in this dialogue with ITD, VRT and the other cities. The City strongly believes the attached prioritized lists are not a wish -list of niceties but rather an identification of Meridian's most -needed transportation system projects. As we continue to see development in both north and south Meridian, this list is our attempt to hold true to previous WYWP submissions from the City and identify areas where investments both immediate and long-term can have a meaningful impact based upon current realities and future expectations. Please communicate with Caleb Hood, 884-5533, with any questions or issue that may arise regarding the City's lists of priority projects. Thank you for your time and considering our priority requests. Sincerely, Tammy de Weerd Mayor Attachments 2015 Overall Priority Ranking (Roadways and Intersections) r 201 "P Priority Project Name Roadway/Intersection Rank Rank 11 Ten Mile, Victory to Overland 8 Chinden/Locust Grove 1 Ustick Road, Meridian to Locust Grove 1 (road) 2 Linder Road, Franklin to Cherry 2 (road) (including RR crossing/signal) 3 Ten Mile Road, McMillan to Chinden 3 (road) 4 Ten Mile, Ustick to McMillan 4 (road) 5 Pine Avenue, Meridian to Locust Grove 5 (road) 6 Ustick/Meridian 1 (intersection) 7 Fairview/Locust Grove 2 (intersection) 8 Franklin /Black Cat 3 (intersection) 9 Locust Grove, Victory to Overland 6 (road) 10 Ustick Road, Linder to Meridian 7 (road) 11 Franklin Road, Black Cat to Ten Mile 8 (road) 12 Eagle, Amity to Victory 9 (road) 13 Ustick/Black Cat 4 (intersection) 14 Overland/Linder 5 (intersection) 15 Victory/Locust Grove 6 (intersection) Next 5 Roadways Next 5 Intersections 10 Meridian Road, Fairview/Cherry to Ustick 7 Amity/Ten Mile 11 Ten Mile, Victory to Overland 8 Chinden/Locust Grove 12 Victory, Locust Grove to Eagle 9 Chinden/Meridian 13 Linder, Cherry to Ustick 10 Chinden/Black Cat 14 Linder, Ustick to McMillan 11 Chinden/Ten Mile 2015 Roadwav Priorities ACHD Status Staff Ustick Road, Meridian to CN 2018/19 - $3.7M LOS F; Safety Locust Grove concern Linder Road' Franklin to Franklin to Pine in PD; Pine to Cherry not in LOS E; safety 2 3 48 Cherry IFYWP - $5.611 ($3.OM $ $2.6M) concern; 58 (including RR CIP = 2022-2026 JSD#2 SR2S crossing/signal) project too iNW10 87 Ten Mile Road, McMillan Not in IFYWP - $3.OM LOS C to Chinden CIP = 2027-2031 4 5 56 Ten Mile, Ustick to OF in IFYWP - $3.7M LOS C/D McMillan CIP = 2017-2021 LOS D; Parking, 6 69 Pine Avenue, Meridian to CN 2018 - $1.911 bike lanes, Locust Grove CIP = 2022-2026 to 2/3 -lanes wide streetscape project 6 10 59 Locust Grove, Victory to Not in IFYWP - $3.311 LOS E Overland CIP = 2022-2026 1 Ustick Road, Linder to CN 2018/19 - $3.5M LOS E/F; Consider 8 Meridian CIP = 2017-2021 moving up LOS E; Federal Aid 8 9 16 Franklin Road, Black Cat CN 2016/17 - $11.9M project w/ to Ten Mile Frank/Black INT; I-84 Detour Route 9 7 32 Eagle, Amity to Victory Not in IFYWP - $3.4M LOS D/E CIP = 2027 - 2031 10 zo 31 Meridian Road, PD in IFYWP - $3.511 LOS D??? Fairview/Cherry to Ustick CIP = 2017-2021 42 Ten Mile, Victory to Not in IFYWP - $3.6M LOS F; Consider 11 21 Overland CIP = 2017-2021 moving up 12 NA NA Victory, Locust Grove to Not in IFYWP LOS F; Add to list Eagle 58 Linder Road, Cherry to Not in IFYWP - $6.2M LOS E; Safety 13 11 Ustick CIP = 2022-026 concern 20 Linder Road, Ustick to Not in IFYWP - $2.711 LOS F; Safety 14 12 McMillan CIP = 2022-2026 concern 15 13 55 Linder Road, McMillan to Not in IFYWP - $1.5M LOS D/E Chinden CIP = 2017-2021 Locust Grove, Fairview to Not in IFYWP - $3.211 LOS F; Safety 16 14 15 Ustick CIP = 2017-2021 concern; Consider moving up 39 Locust Grove, Ustick to Not in IFYWP - $2.6M LOS F; Consider 17 15 McMillan CIP = 2017-2021 to 3 -lanes wide moving up LOS D; NA McMillan Road, Linder to Not in IFYWP Badly needs 18 16 Meridian Not in CIP sidewalks and bike lanes Linder, Overland to Not in IFYWP - $12.111 ITD lead; Overpass 19 17 75 Franklin (Includes CIP = 2027-2031 does not exist Overpass of I-84*) *ITD jurisdiction zo 18 54 Ustick Road, Ten Mile to Not in IFYWP - $2.9M LOS D Linder CIP = 2017-2021 21 22 59 Locust Grove, Amity to Not in IFYWP LOS C Victory CIP = 2017-2021 to 3-lanes wide 22 23 NA Meridian Road, Ustick to Not in IFYWP LOS D McMillan CIP = 2017-2021 to 3-lanes wide McMillan Road, Meridian Not in IFYWP LOS E; 23 24 NA to Locust Grove Not in CIP Comm. Programs App? 24 25 NA Meridian Road, McMillan Not in IFYWP LOS D to Chinden CIP = 2022-2026 to 3-lanes wide 60 Franklin Road, McDermott Not in IFYWP LOS D; I-84 detour 25 26 to Black Cat CIP = 2022-2026 route 26 27 NA Fairview Avenue, Eagle to Not in IFYWP LOS D??? Cloverdale CIP = 2022-2026 to 7-lanes wide Split in Not in IFYWP - $20.5M Meridian/Eagle; 27 28 74 Linder, Chinden to State CIP = 2027-2031 Expensive; some being built by LDS Temple 28 29 NA Fairview Avenue, Locust Not in IFYWP for widening LOS D??? Grove to Eagle CN 2017-2021 to 7-lanes wide 29 30 NA Fairview Avenue, Meridian Not in IFYWP for widening LOS D??? to Locust Grove CN 2017-2021 to 7-lanes wide 30 31 28 Cherry Lane, Linder to Not in IFYWP for widening LOS D??? Meridian CIP = 2022-2026 to 7-lanes wide Between Linder and 31 32 28 Fairview Corridor CN 2017 - $4.2M Orchard; Phase 1 = Boise 32 33 88 Ten Mile, Amity to Victory OF in IFYWP - $3.1M LOS D CIP = 2027-2031 33 34 NA E. 3rd Connection Not in IFYWP or CIP 2013 City Econ. Dev. APPLICATION Broadway Ave/Idaho Ave, Extension of local 34 35 NA E. 6th to Locust Grove Not in IFYWP or CIP street downtown Remove; under NA 1 NACN ystte-I 2015 construction ""^""i"an Read, ' eeust CN 2015 Remove; under NA 19 10 Gr,e� 4e CIP = 2017-2021 construction 2015 Intersection Priorities 1 1 4 Ustick/Meridian CN 2018/19 - $4.8M LOS E 2 10 19 Fairview/Locust Grove Not in IFYWP - $5.8M LOS E; Safety concern CIP = 2017-21 3 2 47 Franklin/Black Cat Federal Aid Project w/ roadway CN 2016/17 - $1.2M widening to the east 4 6 67 Ustick/Black Cat Not in IFYWP - $3.6M CIP = 2017-2021 5 7 NA Overland/Linder Not in IFYWP CIP = 2027-2031 Not in IFYWP Completed interim signal in 6 13 NA Victory/Locust Grove CIP - 2017-2021 2013 Ultimately a dual -lane RAB 7 9 78 Amity/Ten Mile CN 2019 - $1.2M Ultimately a 7 x 7 signalized CIP = 2027-2031 intersection Not in IFYWP or CIP; ITD Safety project; Consider 8 12 999 Chinden/Locust Grove* CN 2018 in ITIP grouping with other Chinden intersections 9 3 999 Chinden/Meridian* Not in IFYWP or CIP; ITD Safety project; Consider CN 2018 in ITIP moving down Not in IFYWP 10 4 NA Chinden/Black Cat* CIP = 2027-2031 Consider moving down **2014 and PD **Developer Coop. Project w/ 11 5 NA Chinden/Ten Mile* CIP = 2017-2021 partial improvement 2014; Consider moving down 12 s NA Amity/Eagle Not in IFYWP Completed single -lane RAB in CIP = 2022-2026 2013; Ultimate dual -lane RAB 13 11 49 Cherry/Linder Not in IFYWP CIP = 2017-21 14 14 NA Cherry/Black Cat Not in IFYWP Completed interim signal in CIP = 2017-2021 2013 15 15 NA Victory/Ten Mile Not in IFYWP Completed interim signal in CIP = 2017-2021 2013 16 16 86 Lake Hazel/Meridian* PD - $4.3M LOS F CIP = 2022-2026 IJK 17 NA McMillan/Black Cat Not in IFYWP CIP = 2017-2021 18 18 91 Amity/Black Cat Not in IFYWP - $2.4M CIP = 2017-2021 19 19 89 McMillan/Star Not in IFYWP - $2.6M CIP = 2017-2021 20 20 NA Amity/Linder FYWP Not = I027- CIP = 2027-2031 21 NA Cherry/McDermott Not in IFYWP SH -16 CIP = 2027-2031 22 22 NA Franklin/McDermott Not in IFYWP SH -16 CIP = 2027-2031 236A 23 NA Ustick/McDermott Not in IFYWP Priority Corridor (Ustick); CIP = 2017-2021 SH -16 24 24 NA McMillan/McDermott Not in IFYWP or CIP SH -16 25 25 76 Ustick/Star Not in IFYWP - $Z.OM CIP - 2022-2026 26 NA NA Linder/Chateau Not in IFYWP Turn lanes needed, particularlyfor busses. *ITD Facility 2015 ACHD Community Program Priorities Draft 2014 2015 City Project Development Project Description Staff Comment Rank Priority Status Rank Partial CN Create connection from Fairview to This project has been scoped W. 4th, 2013, Meridian Elementary, and south across and is currently included in Broadway to Washington to Pine. May require pedestrian crossing at the ACHD IFYWP. It connects 1 1 Maple (aka Carlton; Pine. Existing pole and flashing school directly to a school and other Broadway to Remaining zone light/sign at Pine/W. 2nd; striped recently completed sidewalk Cherry) phases CN crosswalk at Pine/W. 1st. Adjacent to projects. Staff recommends 2017 Meridian Elementary, within 1/2 mile of this project remain in the top Meridian Middle school. 5. West side of roadway - extension needed for connection to existing sidewalk The gap section from 1st to approaching Meridian Elementary school. Pine was recently completed W. 1st at Pine is designated elementary by ACHD through sidewalk W. 1st, crossing with guards; main entrance for repair funds. This project will 2 2 Broadway to Pine CN 2017 buses and parking. Partial sidewalk extend all the way down to exists, but block between Idaho and Broadway from Meridian Broadway missing; other portions Elementary. Staff substandard. MDC Partnering w/ ACHD recommends this project stay to construct sidewalk on both sides of in the top 5. W. 1st. The primary component of Five Mile Creek this project is the pedestrian Path - Meridian Connect Bud Porter Pathway with signal at James Court and Rd./Lakes Fairview Ave. via James Court. Meridian Road. This is a key 3 3 Ave.(Segment CN 2015 Intersection was recently striped for a crossing of Meridian Road for G)(James cross -walk; add signage at James Court access to the pathway. The Court/Meridian and install RRFB, HAWK signal, or other. Bike signage along James Rd Ped Crossing) Parks Department Priority #3. Court is complete. Staff recommends this project be moved into the top 5. 2 travel lanes exist. CIP has Pine as a This is a key bicycle corridor 2/3 -lane roadway. Improvements in this and full improvements on Pine, Locust mile will primarily benefit pedestrians and both sides of the street will 4 4 Grove to CN 2018 bicyclists. Major investments made in help pedestrians and bicyclists Meridian Road corridor already; this is a big gap. Parks both east -west (Pine) and Department Priority #9. north -south along the Five Mile Creek Pathway. East-West pathway connection within and/or adjacent to the RR corridor. This pathway should extend through Meridian Consider moving up and 5 22 Meridian Rail- and connect with Nampa and Boise engaging ACHD for more With -Trail creating a regional multi -use pathway. active support role. Main request at ACHD is for crossings at arterial intersections. Parks' Department Priori #2. Sidewalk is needed on the north side of McMillan connecting the intersection improvements at L.G./McMillan with the Large portion of this segment McMillan, Locust sidewalk and pathway in Saguaro will be completed with the 6 6 Grove to Red CN 2015 Subdivision, connecting to Heritage Tustin #2 Subdivision. The Horse Way Middle School. This will also make the remaining portions will need connection to Prospect Elementary just to be completed. south of the McMillan/Red Horse intersection. School District #2 Priority Project. Draft 2014 2015 City Project Development Project Description Staff Comment Rank Priority Status Rank nd na The project will benefit the, NW 2 Street Sidewalk on both sides of NW 2 Street, pedestrians (and motorists) s Railroad to Scoped in front of new food bank. Legal Dept. & that the Meridian Food Broadway Joselyn request. use bank. Black Cat and Pedestrian signal at Black Cat and Moon s 9 Moon CN 2016 Lake for kids crossing Black Cat to get to Lake/Ustick school. Safe Routes to School request #12 priority of School District. Ridenbaugh Need a pedestrian crossing of Eagle Pathway/Eagle ACHD Traffic Road at the Ridenbaugh Canal. Add 9 10 Rd. Crossing analyzing signage, stripe crosswalk, install RRFB, ACHD Scoped in 2014; final (Copper - crosswalk. HAWK signal, etc. Part of pathway report pending. Easy Jet) system, Segment F. Parks Department Priority. No good pedestrian connections from subdivisions on west side of Locust Work with school district to S. Locust Grove Grove Road to Sienna Elementary, west determine if this project is still 10 13 at Palermo To be scoped. of Eagle Road. Add flashing lights/ped needed based on current signal, crosswalk and signage across S. bussing routes. Locust Grove at/near E. Palermo (add short section of sidewalk). Alternate routes available. Locust Grove, ACHD Scoped Out parcel near Mountain View HS with Project should be constructed 11 14 Overland to in 2014. no sidewalk. School District Priority with site development. See if Puffin Project #10. ACHD would consider an interim improvement. Meridian Road This pedestrian crossing will be a key and RRX component in the first phases of the Crossing is part of the larger 12 15 Pedestrian Meridian Rail w/ Trail project. Parks RWT project. Crossing Priority Pro'ect #2. Main Street and This pedestrian crossing will be a key 13 16 RRX Pedestrian component in the first phases of the Crossing Meridian Rail w/ Trail project. Parks Crossing is part of the larger Priority Project #2. RWT project. Locust Grove, Keep project on list for long - 14 17 Paradise to Interim/temporary connection (Paradise term solution of more Settlers Bridge to Red Rock) constructed in 2010. permanent fix in the future. Sub. Five Mile Creek Fairview to Pine pathway along Five Mile Partial CN 2013, Pine to Pathway - Badley Creek. Construct remaining segment Badley; remaining segment to 15 18 to Fairview from Badley to Lakes Avenue. Parks Fairview still needed. Not in (Segment H2) Department Priority #1. ACHD ROW. Lloyd Kennedy, a property owner in this Identified in Downtown E. State, 3rd and ACHD Scoped block, requests this block be retrofitted Meridian Neighborhood 16 19 4th 2014. with sidewalk. His is the only property Bicycle and Pedestrian Plan. with sidewalk currently and it is in To be scoped. disrepair. Draft 2014 2015 City Project Development Project Description Staff Comment Rank Priority Status Rank Development is occurring to the south, School bus stops, the Kentucky Ridge east and west of this County subdivision community open space and 17 20 Way, south of that currently has rural street sections. the main access to Victory Victory This section of Kentucky Ridge Way Road is via Kentucky Ridge needs to be retrofitted with at least Way. Sidewalks (and possibly sidewalk. curb and gutter) are needed. There is a new middle school planned This need was discussed Stoddard Victory approximately 1/2 mile north of Victory when the middle school was 18 NA to Kodiak on Stoddard. There are existing county going through approvals in subdivisions in this are that do not 2014. Add to list and include sidewalk along Victory. rioritize. NEW. Duane is currently a rural street with no curb, gutter or sidewalk. Recently, Duane was opened up to connect with Redfeather Subdivision. Duane is Duane Drive, approximately 0.4 miles long and 19 21 Ustick to straight. Kids (and others) walk up to Consider moving up. Redfeather Ustick to catch the bus and get to other services. Request for pavement widening and/or sidewalk, curb and gutter on at least one side (east probably, due to less ve etation. Sidewalk needed on west side of Sidewalk section in front of Locust Grove, roadway. Two parcel connections Church and Baseball fields McMillan to needed (LDS Church, Alpha and Allmon) recently was approved with 20 5 Chinden CN 2016 to tie existing segments together. Central the Casa Bella Subdivision. (Comisky to Academy and The Ambrose School are This is the last gap on the Commander) within the mile. Shoulder along Locust west side of the road between Grove is not very wide. Valley Life Church and McMillan. Eagle Road, CN 2015 (east Property owner request to ACRD. Bus School District request is for 21 23 Falcon to Victory side) stop on Eagle near Falcon. ACHD now both sides of Eagle Road; see has ROW. School District Priority #13. project #31 below. There is no sidewalk on the south side of Ustick near W. 3rd Street, directly across Construction with 22 11 Ustick & West CN 2018/19 from the entrance to Settlers Park. Meridian/Ustick intersection 3rd HAWK Signal Residents south of the park currently project. have no direct route to get across Ustick in this area. Large sections of this sidewalk will be built with future Citizen request to build continuous development. This project is McMillan Linder sidewalk on McMillan between Linder and not likely to score well with 23 25 to Meridian Meridian. NOTE: There is more sidewalk ACHD as a CP project, but missing than existing in this mile. may as a roadway. Consider removing or keeping a low priority or amending scope so not so large. Broadway, W. 4 to Spotty sidewalk segments. Segment from Extends recent project on 24 26 to W. 7 4 t to Meridian constructed in 2013 by Broadway. CDBG project; ACHD, but not all the way to 7th. keep on list. Victory, west of Safe crossing of kids near Sienna, west 25 27 Mesa of Eagle Road. Draft 2014 2015 City Priority Project Development Status Project Description Staff Comment Rank Rank Crosswalk (complete 2014) and speed School District is requesting 26 28 Linder, McMillan zone in front of Rocky Mountain High flashing yellow lights and a 20 to Chinden MPH speed zone so leave on School. M list for now. Concerns about the potential of a pedestrian being hit on McMillan Road near Linder. She says she has seen two close calls in recent days, involving school children walking in that area — McMillan, Ten due to the lack of complete sidewalks. 27 29 Mile to Linder She says that the children are walking South side of McMillan has correctly at the edge of the road but cars 99% sidewalk. North side has are coming too close to the pedestrians, large areas without sidewalk in some cases going around cars waiting but staff is unable to identify to turn into subdivisions and then almost why pedestrians need to walk making contact with the pedestrians. on the north side. Two parcels prevent continuous Need to check with ACHD on sidewalk. Narrow shoulder - high speed, the status - was in their 28 31 Eagle, Zaldia to high volumes of traffic. Children walk to budget but has been removed Victory Sienna Elementary along this route. due to adjacent property School District Priority Project #13. owner issues. See project #23 above (Falcon). ACHD has indicated that this project is unlikely to proceed as a sidewalk only crossing of the railroad (see Roadway Priorities list). Staff PD (as Fill in the gaps in the sidewalk on the recommends leaving this Linder RR to Roadway west side of the roadway, between the project on the list and 29 32 Franklin widening railroad tracks and Franklin Road. School exploring with ACHD the project in District Priority Project #9. viability of this project. Staff IFYWP) recognizes this as an important connection to MHS and recommends it stay on the list but it looks it will be done with roadway project. E. 3rd Street, An upgraded crossing of the RR tracks is 30 34 Railroad crossing needed to tie in with the pedestrian Add to ITD railroad crossing (Pine to Franklin) improvements existing and planned list. between Storey Park and downtown. The Hunter Elementary School McMillan, Need pedestrian access to/from Hunter boundary no longer goes 31 24 Goddard Creek Elementary across McMillan. Cross -walk north of McMillan Road. to Palatine to access school south of McMillan. Consider removing project or kee in it as a low priority. There is approximately 1,000 feet of sidewalk missing on the west side of Eagle Road, River Eagle Road, between River Valley and ITD ROW - Consider for TAP, 32 12 Valley to Ustick Leslie Drive. This connection will allow Community Choices, Road* safe passage between existing and new COMPASS funding or other development and River Valley Elementary grants. and Kleiner Park. This is on an ITD, not ACHD facili . Chinden, east of Small gap in between 2 subdivisions — ITD ROW. Consider alternate 33 30 Ten Mile Spurwing and Tree Farm. funding source. Draft 2014 2015 City Project Development Project Description Staff Comment Rank Priority Status Rank HAWK Signal at We have had several requests for a Request sent earlier in the Main Meridian HAWK/PHB between Meridian Middle year to ACHD. Has been 34 NA Library Branch school and the Cherry Lane Library. The scoped. Add to list and (Cherry Lane) east driveway seems to be the most prioritize. NEW. o ular s of for pedestrians to cross. Re -do striping and sidewalk in front of Pine/Parkdale western exit to Lewis and Clark Middle 35 NA (LCMS) School. Drop lane needs to be extended Add to list. NEW. to the main school entrance. School District Priority Project #7. Re -do Crosswalk on W. 8th Street Recieved a complaint from a concerned 36 NA at Meridian parent about the existing crosswalk Add to list. NEW. Middle School location and design. Missing several pieces of sidewalk in this Project comes out of the 37 7 Fairview, E. 3rd to CN 2015 section. Both sides or roadway. Lighting Downtown Meridian Ped/Bike Locust Grove would be nice too (conduit and j -boxes Plan. Moved down to do going in). imminent construction. Between Linder and Ten Mile there is a small gap in the sidewalk on the south 2695 McMillan side of McMillan (between Bridgetower Road and Caymus Cove Subdivisions). This NA 33 (Montellino/ CN 2014 gap is only about 30' long and is part of Remove; complete 2014. Pallatine) the "flag" of a county -zoned parcel. This gap would create continuous sidewalk on the south side of McMillan between Ten Mile and Linder. Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 11A PROJECT NUMBER: ITEM TITLE: A. Ordinance No. /S"/0C/O : Repealing And Replacing Meridian City Code Section 3-1-2, Regarding Authorization Of FBI National Criminal History Records Checks 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 ORDINANCE NO. — Adn BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING MERIDIAN CITY CODE SECTION 3-1-2, REGARDING AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS; ADOPTING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to ordinance, the City of Meridian requires fingerprinting of applicants or licensees as a condition of issuing certain City licenses, and is therefore authorized by Idaho Code section 67-3008 to submit fingerprints to the Idaho State Police ("ISP")'s Bureau of Criminal Identification for examination, and pursuant to Idaho Code section 67-3008 and Public Law 92-544 to further submit fingerprints, if necessary, through ISP, to the Federal Bureau of Investigation for examination; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 3, Chapter 1, Section 2, Meridian City Code, shall be repealed, and replaced with language to read as follows: 3-1-2: AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS: A. Determine suitability of applicant. In order to determine an applicant's suitability for the following licenses, the City Clerk, and/or City Clerk's designee, shall require the applicant to, and the applicant shall, furnish to the Idaho State Police a full set of fingerprints: 1. Mobile sales unit license; 2. Pawnbroker license; 3. Pawnbroker license with precious metal endorsement; and 4. Precious metal dealer license. The City Clerk and/or designee shall have the Idaho State Police or the Federal Bureau of Investigation perform a criminal background investigation. B. Applicant consent required. The City Clerk, and/or City Clerk's designee, shall obtain the written consent of the applicant for the criminal background investigation and if the applicant does not execute the consent, the application shall be denied. C. Authorization of FBI National Criminal History Records Checks. The City Clerk, and/or City Clerk's designee, shall require an applicant for a City license to provide information and fingerprints necessary to obtain criminal history information from the Idaho State Police and the Federal Bureau of Investigation. Pursuant to section 67-3008, Idaho Code, and congressional enactment Public Law 92-544, the City Clerk and/or City Clerk's designee, may require the applicant to submit a set of fingerprints for a City license and the required fees to the Idaho State Police, Bureau of Criminal Identification, for a criminal records check of state and national databases. The submission of fingerprints and information required by this section shall be on forms prescribed by the Idaho State Police. The Meridian Police Department is authorized to receive criminal history information from the Idaho State Police and from the Federal Bureau of Investigation for the purpose of evaluating the fitness of applicants for City license, and the Meridian Police Department shall recommend approval and/or denial of the application based on AUTHORIZATION OFFBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS PAGE 1 OF 2 this information and relay that recommendation to the City Clerk's Office. As required by state and federal law, further dissemination or other use of the criminal history information is prohibited. D. No amendment without FBI approval. This section shall not be amended without prior written approval from the Federal Bureau of Investigation. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective immediately upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho, on April 7, 2015. APPROVED by the Mayor of the City of Meridian, Idaho, April 7 roti A "',", � �-- Tammy de rd, Mayor, ;> ce City Clerk s conn t �e5 T,I AUTHORIZATION OF FBI NATIONAL CRIMINAL HISTORY RECORDS CHECKS PAGE 2 OF 2 Meridian City Council Meeting DATE: April 7, 2015 ITEM NUMBER: 11 B PROJECT NUMBER: ITEM TITLE: B. Ordinance No. /S— IM : An Ordinance (AZ 14-015) for the Annexation and Rezone of a Parcel of Land Being a Portion of the N 1/2 of the SW 1/4 of the NW 1/4 of Section 5, Township 3 South, Range 1 East, Ada County, Idaho, Establishing and Determining the Land Use Zoning Classification of Said Lands from RUT to R-8 and Providing an Effective Date. 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: April 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Future Meeting Topics 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: April 7, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: 13. Executive Session Per Idaho State Code 67-2345 (1)(d)(f): (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