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2015-08-11E IDIAN CITY COUNCIL WORKSHOP MEETING AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, August 11, 2015 at 3:00 PM Roll -Call Attendance X David Zaremba X Joe Borton X Charlie Rountree X Keith Bird X Genesis Milam X Luke Cavener X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Adoption of the Agenda Adopted 4. Consent Agenda Approved A. Approve Minutes of June 17, 2015 City Council Budget Workshop Meeting B. Approve Minutes of July 14, 2015 City Council Workshop Meeting C. Approve Minutes of July 21, 2015 City Council Meeting D. Approve Minutes of July 28, 2015 City Council Pre Council Meeting E. Approve Minutes of July 28, 2015 City Council Meeting F. West Ada School District Resource Officer Agreement G. Findings of Fact, Conclusions of Law for ZOA 15-001 Human Bean by Ada County Highway District Located 1648 N. W. 1st Street Request: Text Amendment to Table 11-2D-2 of the Unified Development Code to Include a Drive-Thru Establishment as a Conditional Use in the O -T Zoning District and a Modification to the Associated Specific Use Standards Listed in UDC 11-4-3-11 H. Findings of Fact, Conclusions of Law for RZ 15-001 Human Bean by Ada County Highway District Located 1648 N. W. 1st Street Request: Rezone of 2.08 Acres from the R-4 to the O -T Zoning District Meridian City Council Meeting Agenda—Tuesday, August 11, 2015 Page 1 of 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. Findings of Fact, Conclusions of Law for CUP 15-014 Human Bean by Ada County Highway District Located 1648 N. W. 1st Street Request: Conditional Use Permit for a Drive-Thru Establishment in the O -T Zoning District J. Findings of Fact, Conclusions of Law for PP 15-009 Kentucky Villas by C4 Investments, LLC Located 835 W. Victory Road Request: Preliminary Plat Approval Consisting of Eight (8) Building Lots and Two (2) Common/Other Lots on 3.87 Acres of Land in the R-4 Zoning District K. Findings of Fact, Conclusions of Law for MDA 15-007 Hill's Century Farm by Brighton Corporation Located 5340 S. Eagle Road Request: Amendment to the Development Agreement to Remove the School Site from the Development Agreement L. Final Order for FP 15-024 Ambercreek No. 3 by Trilogy, Idaho Located Southwest Corner of E. McMillan Road and N. Meridian Road Request: Final Plat Consisting of Twenty (20) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.91 Acres in a R-8 Zoning District M. Final Order for FP 15-025 Southern Highlands Subdivision No. 2 by Brad Pfannmuller Located West of S. Eagle Road Between E. Amity Road and E. Taconic Drive Request: Final Plat Consisting of Forty -Five (45) Building Lots and Four (4) Common Lots on 20.68 Acres of Land in an R-4 Zoning District N. TimberGrove Subdivision Water and Sewer Easements O. Renewal of Professional Services Agreement for Mayor's Anti -Drug Coalition P. Christmas in Meridian 2015 Sponsorship Agreement Between the Idaho Independent Bank and the City of Meridian for a Not -to -Exceed Amount of $750.00 Q. Christmas in Meridian 2015 Sponsorship Agreement Between All American Insurance and the City of Meridian for a Not -to -Exceed Amount of $750.00 R. Resolution No. 15-1079: Authorizing Donation of Filing Cabinets to the ARC and Youth Commission Idaho S. Resolution No. 15-1080: Approving the Retirement of Police Canine Ivan and Approving the Donation of Police Canine to Meridian Police Officer Jeremy Lindley Meridian City Council Meeting Agenda —Tuesday, August 11, 2015 Page 2 of 4 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. T. Streetscape Sublicense Agreement with Meridian Development Corporation for placement of Kiosk at E. Idaho Street and 2nd Street U. Approval of Task Order 10518.a to Jensen Belts Associates for the "Bellano Creek Park - Design" Project for a Not -To -Exceed Amount of $52,598.00 V. Approval of Award of Bid and Agreement to J2 CONSTRUCTION for the "IDAHO AVENUE SIDEWALK IMPROVEMENT" Project for a Not -To -Exceed Amount of $59,162.00. This project is funded by a Community Development Block Grant W. Fall Creek Subdivision No. 2 Water Main Easement X. Chinden and Linder Crossing Sewer Easement Y. Recreational Pathway Easement Between Chinden and Linder Crossing LLC and the City of Meridian Regarding a Multi -Use Pathway Easement as Part of the Chinden/Linder Crossing Development Z. Approval of Award of Bid and Agreement to Pipeline Inspection Services, Inc. for the "SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015" Project for a Not -To -Exceed amount of $62,500.00 5. Items Moved From Consent Agenda None 6. Community Items/Presentations A. Republic Services Rate Adjustment Report and Schedule Recommendation Approved to Come Back with a Resolution 7. Action Items A. Public Hearing: Proposed Fall 2015 Fee Schedule of the Meridian Parks and Recreation Department B. Resolution No. 15-1081: A Resolution Adopting the Fall 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. PY2015 Community Development Block Grant (CDBG) Annual Action Plan Public Hearing and Approval D. Resolution No. 15-1082: PY2015 Community Development Block Grant (CDBG) Annual Action Plan Approval Approved Meridian City Council Meeting Agenda — Tuesday, August 11, 2015 Page 3 of 4 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. 8. Department Reports A. Public Works: Street Light Enhancement Report B. City Council Liaison/Committee Updates 9. Future Meeting Topics 10. Executive Session per Idaho State Code 74-206(1)(d) — Records exempt from disclosure as provided in Chapter 1, Title 74, Idaho Code. Into Executive Session at 4:17 p.m. Out of Executive Session at 4:46 p.m. Adjourned at 4:46 p.m. Meridian City Council Meeting Agenda —Tuesday, August 11, 2015 Page 4 of 4 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 Workshop August 11, 2015. A meeting of the Meridian City Council was called to order at 3:03 p.m., Tuesday, August 11, 2015, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Charlie Rountree, Keith Bird, David Zaremba, Joe Borton, Genesis Milam and Luke Cavener. Others Present: Bill Nary, Jaycee Holman, Bruce Chatterton, Warren Steward, Tracy Basterrechea, Mark Niemeyer, Sean Kelly, Jake Garro, Austin Petersen and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X _ Joe Borton X__ Charlie Rountree X_ Keith Bird __X__ Genesis Milam __X__ Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: Well, good afternoon. Welcome to our City Council meeting. For the record it is Tuesday, August 11th. It's a few minutes after 3:00. We will start with roll call attendance, Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of the Agenda De Weerd: Item No. 3 is adoption of the agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: On Item 4-R, the resolution number is 15-1079. On 4-F the resolution number is 15-1080. On Item 7-B the resolution number is 15-1081. On 7-D the resolution number is 15-1082. 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. Meridian City Council August 11, 2015 Page 2 of 26 MOTION CARRIED: ALL AYES. Item 4: Consent Agenda A. Approve Minutes of June 17, 2015 City Council Budget Workshop Meeting B. Approve Minutes of July 14, 2015 City Council Workshop Meeting C. Approve Minutes of July 21, 2015 City Council Meeting D. Approve Minutes of July 28, 2015 City Council Pre Council Meeting E. Approve Minutes of July 28, 2015 City Council Meeting F. West Ada School District Resource Officer Agreement G. Findings of Fact, Conclusions of Law for ZOA 15-001 Human Bean by Ada County Highway District Located 1648 N. W. 1st Street Request: Text Amendment to Table 11-2D-2 of the Unified Development Code to Include a Drive-Thru Establishment as a Conditional Use in the O-T Zoning District and a Modification to the Associated Specific Use Standards Listed in UDC 11-4-3-11 H. Findings of Fact, Conclusions of Law for RZ 15-001 Human Bean by Ada County Highway District Located 1648 N. W. 1st Street Request: Rezone of 2.08 Acres from the R-4 to the O-T Zoning District I. Findings of Fact, Conclusions of Law for CUP 15-014 Human Bean by Ada County Highway District Located 1648 N. W. 1st Street Request: Conditional Use Permit for a Drive-Thru Establishment in the O-T Zoning District J. Findings of Fact, Conclusions of Law for PP 15-009 Kentucky Villas by C4 Investments, LLC Located 835 W. Victory Road Request: Preliminary Plat Approval Consisting of Eight (8) Building Lots and Two (2) Common/Other Lots on 3.87 Acres of Land in the R-4 Zoning District K. Findings of Fact, Conclusions of Law for MDA 15-007 Hill's Century Farm by Brighton Corporation Located 5340 S. Eagle Meridian City Council August 11, 2015 Page 3 of 26 Road Request: Amendment to the Development Agreement to Remove the School Site from the Development Agreement L. Final Order for FP 15-024 Ambercreek No. 3 by Trilogy, Idaho Located Southwest Corner of E. McMillan Road and N. Meridian Road Request: Final Plat Consisting of Twenty (20) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.91 Acres in a R-8 Zoning District M. Final Order for FP 15-025 Southern Highlands Subdivision No. 2 by Brad Pfannmuller Located West of S. Eagle Road Between E. Amity Road and E. Taconic Drive Request: Final Plat Consisting of Forty-Five (45) Building Lots and Four (4) Common Lots on 20.68 Acres of Land in an R-4 Zoning District N. TimberGrove Subdivision Water and Sewer Easements O. Renewal of Professional Services Agreement for Mayor's Anti- Drug Coalition P. Christmas in Meridian 2015 Sponsorship Agreement Between the Idaho Independent Bank and the City of Meridian for a Not- to-Exceed Amount of $750.00 Q. Christmas in Meridian 2015 Sponsorship Agreement Between All American Insurance and the City of Meridian for a Not-to-Exceed Amount of $750.00 R. Resolution No. 15-1079: Authorizing Donation of Filing Cabinets to the ARC and Youth Commission Idaho S. Resolution No. 15-1080: Approving the Retirement of Police Canine Ivan and Approving the Donation of Police Canine to Meridian Police Officer Jeremy Lindley T. Streetscape Sublicense Agreement with Meridian Development Corporation for placement of Kiosk at E. Idaho Street and 2nd Street U. Approval of Task Order 10518.a to Jensen Belts Associates for the “Bellano Creek Park - Design” Project for a Not-To-Exceed Amount of $52,598.00 V. Approval of Award of Bid and Agreement to J2 CONSTRUCTION for the “IDAHO AVENUE SIDEWALK IMPROVEMENT” Project for Meridian City Council August 11, 2015 Page 4 of 26 a Not-To-Exceed Amount of $59,162.00. This project is funded by a Community Development Block Grant W. Fall Creek Subdivision No. 2 Water Main Easement X. Chinden and Linder Crossing Sewer Easement Y. Recreational Pathway Easement Between Chinden and Linder Crossing LLC and the City of Meridian Regarding a Multi-Use Pathway Easement as Part of the Chinden/Linder Crossing Development Z. Approval of Award of Bid and Agreement to Pipeline Inspection Services, Inc. for the “SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015” Project for a Not-To-Exceed amount of $62,500.00 De Weerd: Item 4 is our Consent Agenda. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the Consent Agenda with the previously approved resolution numbers. 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. Any discussion? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 6: Community Items/Presentations A. Republic Services Rate Adjustment Report and Schedule Meridian City Council August 11, 2015 Page 5 of 26 De Weerd: So, we will move into Item 6-A under Republic Services rate adjustment report and schedule. So, who is kicking us off? Dave? Welcome to our City Council meeting. It's nice to see you. Fisher: Thank you. It's good to be here. My name is Dave Fisher. I'm the general manager for Republic Services and I have a couple of folks that came with us today. Rodney Remling is our business unit controller and we have Steve Sedlacek in the audience. De Weerd: We always love seeing Steve. And, Rodney, welcome. Fisher: And I think Rachel is on her way. So, we appreciate a few minutes to be able to be before you to talk about kind of the -- what's going on in trash and recycling and some other programs we have. De Weerd: We love trash talk. Fisher: Yes. We do, too. We do it all day long, so -- we are going to split this up a little bit. Rodney is going to talk about a couple of elements and, then, I'm going to come back and visit with you about something and -- and, then, Steve is here, too, from -- to give us an historical perspective of kind of prior to Republic being on the scene and -- and it is -- we did include it in your packet, so there is quite a bit of information in the packet and we will kind of talk about the highlights of that. De Weerd: Okay. Thank you, Dave. Remling: Madam Mayor, Council Members, three components hit our price adjustment request this year. The annual CPI, which is -- we always consider. And two other pieces were involved this year related to fuel tax with House Bills 132 and 312, which go into effect July 1st of this year and, then, the household hazardous waste piece, which Dave will speak to. The Consumer Price Index for western United States, 90 percent of that adjustment is 1.01 percent or about 14 cents on a residential household per month. The change in law, Idaho passage of House Bills 132 and 312, impacts us about four cents per residential household per month. So, we have 15 routes in the City of Meridian. Currently three of those are CNG routes and, then, the balance if those are diesel routes. That's about -- the tax increase on that is about a thousand dollars a month or 12,000 dollars per year. That's the four cents per residential household per month. We are putting in place three more CNG trucks, so beautifying our service here a little bit more. That's not impacted here in these rates, so it's historically been three CNG rates or three -- excuse me. CNG trucks. Tax went from two cents per gallon in CNG to 32 cents or an increase of 30 cents per gallon and diesel went up seven cents per gallon, so -- if you have any questions on that part of it at all before Dave comes back? De Weerd: Council, any questions -- Bird: I have none. Meridian City Council August 11, 2015 Page 6 of 26 De Weerd: -- at this point? Okay. Fisher: Thanks, Rodney. The -- as we look -- and traditionally in the industry as we look at contractual obligations we have with cities, generally there is some mechanism in place for adjusting the rate on an annual basis and here in the City of Meridian it's 90 percent of the Consumer Price Index, which over the last several years the Consumer Price Index has been really low, not much inflation going on, and so we have seen a trend actually where our -- our actual costs are exceeding the conditional use permit and so it continues to be a little bit of a concern for us where we are eroding margin every year, but we are not asking for anything different there than what is stated in the contract. The other part of that is that the other common stipulation in a contract is if there is a situation where there is a change in law, an uncontrollable cost is created or changed that cities traditionally build in some sort of a stopgap for that and that could be disposal -- what we pay for disposal, tax increases that kind of go beyond the pale of the -- or the scope of the CPI. So, that's why we are -- we are talking about that. We fought very hard to not see the passage of those bills. We think the fuel tax bill particularly on the national gas is the wrong direction for the state and really took a Draconian step backwards in dealing with that. We understand that we need more money for highways, but the -- the steps they took on that -- it was really a 1,200 percent tax increase and -- so we will continue to work on that. We'd like to see something change on that, but this the way it stands right now and the law came into effect in July 1st. On that household hazardous waste collection, I thought we would -- we would update you a little bit on that. So, beginning in October of 2000 the City of Meridian began a monthly collection of household hazardous waste and, then, over time that was increased to a weekly. Now, the collection that happens is on our property out on Franklin Road. It's once a week and the money that we are talking about here pays for the manpower to actually collect it and, then, move it to the Ada county household hazardous waste building and, then, the county pays for all the processing and transportation and that. It's a countywide program and, then, the -- each city, then, decides to what extent they want to have collection sites locally and that's -- the City of Meridian is once a week at our facility. In the past this program has been funded by the sale of recyclables and so what's happened in the recycling markets are that there used to be two sources of revenue on curbside recycling. It's -- the fees that the customer paid for or paid and, then, there was always a small portion came back through the sale of the commodity and world markets have changed to the point where now the commodities, once we gather them, the processing of them, the bailing of them and the transportation to the market outweighs the value that we get for that. It would be a little bit like a farmer raising hay that cost a hundred dollars a ton and you can only sell it for 90. That's, basically, kind of what's going on. So, we were -- what was being used was that value above the cost of the commodity was used to fund the household hazardous waste program. That has eroded to the point now where there is no money left. In fact, Republic Services has subsidized that for the last several years, so not only was there not money available, but we have been paying out and it looks like it's going to be around 500,000 dollars where we have actually subsidized the household hazardous waste program and the commodity -- the sale of the commodity over the last several years. And what we are talking is that this -- we feel like this is not sustainable, that in line with what Meridian City Council August 11, 2015 Page 7 of 26 the other cities do that the service that is being provided to the city and the citizens is funded by the citizens, rather than out of the sale of the commodity, which is not available anymore. So, as part of our request for that is that we are asking that 24 cents per month per household be added to the -- to the bill and that can either then be forwarded to Republic Services to pay for the household hazardous waste or it could be just paid directly by the city. Either way. We are hoping that the commodities -- the value comes back, but for the foreseeable future we are not seeing that right away. So, even if you take this action today Republic Services will continue to subsidize curbside recycling. So far this year we have subsidized it about 67,000 dollars. So, in other words, you know, you paid to collect it, then, it was processed and, then, sent to end users and the difference in that processing and transportation was -- it cost 67,000 dollars more than -- than the value of the commodity and we are not proposing that we -- we are not asking the city to do anything different on that, but we are asking that because there is no funds available from the sale of those commodities that if we are to continue the household hazardous waste program we need a way to be able to fund that. So, I will stand for any questions or our group will stand for any questions. De Weerd: Counsel, any questions? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Dave, a couple of questions for you. Talk to me about usage of this household waste program. Is it something that a significant amount of more citizens are taking advantage of? Is it a small percentage of citizens that are taking advantage of? I mean how are you tracking the popularity or the usage of that program? Fisher: I appreciate that question. That's a good one. Let me -- we do track and we ask if -- if you have used it before or if you're new and the statistic I remember that it's about 80 percent of the customers have done it at some point before, which could be five years ago they came in and about 20 percent each month are new and this is the most popular collection site in the county and it's -- and you can cross jurisfiscal boundaries, so meaning if you live in Meridian, but you work in Boise you could take your household hazardous waste to one of their sites and I think we get maybe a little of that back, but if you're within the county -- and they do ask if you live in the county or before they will provide the service. So, I'm looking here at -- yeah. In June it looks like we had just over a thousand participants coming through the site. Cavener: Okay. Follow up, Madam Mayor? Dave, is that a -- is that a good ballpark number? Is that about a thousand people a month give or take? Fisher: Yeah. I think that June was a fairly good month. It looks like July was 520. May was around 500. Cavener: Okay. So, between five and a thousand. Meridian City Council August 11, 2015 Page 8 of 26 Fisher: Yes. So, between 500 and a thousand. And, like I say, from what statistic I remember, like I say, about 80 percent have used it at some point in the past. It doesn't mean they come every week. And about 20 percent are just people that have never used it before. Cavener: Madam Mayor, maybe another question. You state -- and maybe you can indulge me, because you are definitely the subject matter expert on this stuff. Around the country is this the model? To me at a 101 level approach it seems like we are asking a lot of our citizens to front the cost for what a very small percentage of our citizens use and I'm just curious is this the best mousetrap to address this issue? Fisher: It's interesting in that a lot of things in residential service is -- really it's a value statement of the community. Obviously here in Idaho we don't have a shortage of landfill space and it's always the cheapest to just put it in the landfill -- Cavener: Sure. Fisher: -- and there is actually exemptions for household hazardous waste. There is no -- there is nothing really legally that there is hazardous waste in your house, because of the limited commodity -- or the amount that you produce, but it's really a value statement that communities make as to what programs you're going to have on top of just put it at the curve and it goes into the landfill. So, curbside recycling household hazardous waste tend to be -- in my mind at least a little bit like parks and libraries and things like that, that they don't necessarily pay for themselves, but they are a part of the services provided by communities and people look to those communities for those services and it becomes -- so, a household hazardous waste program is not -- kind of like way out there, that's very normal service provided in a municipality. We are fortunate in that Ada county has got very good contracts in place for the disposal of it, so I would say for the amount of household hazardous waste that we are keeping out of our landfill, the amount of money we are paying for that is -- we are getting a real bargain because of the arrangements that are put in place. De Weerd: And certainly I think you find that prevention costs less than -- than clean up and overloading our -- our landfill and that is -- I guess if we asked Mr. Historian over there that we would talk about this approach. While we have been very fortunate to have been able to cover it through the recycling and, you know, the commodities that have seemed to tank and -- but recycling and disposing of -- of this kind of household waste is very important to the environment and the cost if we don't do it and -- and I guess that's just been a policy decision that the city has made up to this point and that would be part of the discussion if that cost is still worth it. I think for the few that do use it or the smaller percentage, I'm hoping that everyone that has the kind of qualifier, they are not just dumping it in the sewer. Cavener: And that's to my point, is that I think that there is a significant amount of our citizens that are just probably doing that, that there is a thousand households that are the Meridian City Council August 11, 2015 Page 9 of 26 leader in this, just like there is a small percentage of households that are doing the grass recycling program, which I applaud both of them, but with the grass recycling program that's something that our citizens are paying to take advantage of. It's not a cost burden that has been put onto all of our citizens and I just -- I wonder -- as much as I applaud the household waste recycling program, the collection program, is it something that all of our citizens should be paying for a very small percentage of them. Fisher: Well, it is interesting -- I appreciate that and that's a great perspective, because you look at it and you say, well, should everyone be paying and taking advantage of it. So, if you're not using it, you're actually the one putting the pollutants in the landfill. So -- so, we have given you a vehicle to not do that. Now, if you choose to go ahead and increase the amount of chemicals and paint and things in the landfill, that -- that really is adding cost to what we have to do to manage that waste stream. So, I think that's a great -- it's kind of the reflection of that perspective is rather than look who is not using it, so you don't -- maybe they should be paying, to try to encourage them to do something other than just throwing it in the landfill. Cavener: I appreciate that. But my question is is this the best mousetrap that's out there. Fisher: I think it is. Yes. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Fisher: If you're willing to try to capture it. Zaremba: Just to sort of resurrect a discussion that we had several years ago in response to somebody that wanted to opt out of the trash collection program entirely and say, oh, I will haul my own to the landfill, I don't want to pay you to pick it up, what came out in that discussion was the experience in other communities where they don't charge everybody and, therefore, say, okay, you're paying for the service, you might as well use it, is that people tended to collect far more stuff in their garage than they should or find a place on the side of the road to dump it and at that time I think we wisely choose to subsidize whatever we needed to subsidize and tell the public, no, you can't opt out of this. Yes, you are going to pay for it and, please, use it, because we don't want to it collecting in the garages or being dumped in the middle of the night on the side of the road. So, I'm -- I'm in favor of subsidizing it if we need to. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Also -- so, Luke, I asked the same question at a SWAC meeting. Why don't we just charge people to drop off the hazardous waste? But, really, the answer is, then, there will be a lot fewer people will use this program, a lot more hazardous waste will get put Meridian City Council August 11, 2015 Page 10 of 26 into -- into the dump and -- which is bad for our community altogether and the price is less than a quarter per household, I say -- I figured -- I think it's worth it for our community as a whole. So, that's where I'm at. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I'm going to get back to -- Dave, are you able to articulate how much we have been able to divert from the landfill since this program has began in Meridian? And I recognize I'm putting you on the spot and I -- Fisher: Yeah, you are. De Weerd: Yeah. But maybe Mr. History over there knows. Fisher: Yeah. I don't know if Rachel is -- Cavener: And if not, Dave, that's fine. I just was -- I'm just curious. Fisher: I will follow up. I have got some good information. I don't have it right at my fingertips, but I will follow up and get that to you. Cavener: And Madam Mayor? I think this is probably the third time I have said one last question, but, Dave, can you talk to me about your fuel costs now versus a year ago? Recognize that as a state we have increased our fuel taxes, but what I see at the pump is that fuel costs less now than it did a year ago and I'm just curious what that impact has been on you and your organization as far as cost savings. Fisher: You bet. Yeah. I'm happy to do that. The Consumer Price Index that we use, one of the elements of that is fuel. So, what we see is when fuel prices go down that drives down that Consumer Price Index, so we -- we do see that fluctuate up and down, but it is reflected in that. There are other indexes that more accurately reflect our actual cost structure. There is a water-sewer-trash index. As we have looked at that it's actually higher than -- and I don't need to tell this group that, you know, sewer-water increases have been more than -- than the rate of inflation the last few years because of all the laws and the changes there that -- so, conditionally the index that we use has a lot of different elements in it. One is fuel and we think it actually lags behind what our actual cost increases are. To give you an illustration on the fuel tax increase on the natural gas, we are just starting our fleet of natural gas trucks in Meridian. We have a number around the valley and the impact on us was 300,000 dollars in fuel tax increases. So, a significant increase. To give you an idea, the way the state was working with the natural gas is you could actually buy a fuel permit and it was around 300 dollars a year and, then, you didn't pay on a per gallon and so we went from about 300 dollars a year to now paying on a per gallon basis to 2,500 dollars. So, we saw an 1,800 dollar a truck increase just in that tax. Meridian City Council August 11, 2015 Page 11 of 26 And, then, a seven cents a gallon increase on -- on all the diesel. So, yeah, it does fluctuate up and down, but we see that reflected in the Consumer Price Index. Cavener: Madam Mayor? Sorry. And one additional follow up. If -- if the -- the changes are based on -- on the CPI, why, then, an additional amount based on the fuel tax increase? Walk me through that, the process behind that. Fisher: Right. As I was talking about the -- most municipal contracts have a normal CPI type increase, but they also have a provision for increases in taxes. That Consumer Price Index is a -- one we use is the western United States, so it doesn't -- you know, a data point for fuel taxes in Idaho probably aren't even reflected in that, so that's why you have those two different things. One is uncontrollable cost increases and we -- we had no way of knowing or could predict that the state was going to do a 1,200 percent tax increase on us for natural gas and I would argue that it's not even reflected in the CPI. The other thing -- like I say, there is other things that could do that. We enjoy relatively cheap landfill disposal costs, but that could go up 30 percent and if it did we would have no way of the -- the Consumer Price Index reflecting that, because it's really a -- it's a broad index over I think basically the western United States and so it wouldn't reflect things like that accurately. Cavener: I appreciate it. Thank you. Fisher: Yeah. De Weerd: Other questions? Comments? Okay. Well, thank you, Dave. Okay. Council, you have the report and the schedule. Should we ask how SWAC -- what SWAC did? Nary: Madam Mayor, yeah, there are a couple SWAC members in the audience, but the SWAC did move it forward with a recommendation to approve. De Weerd: Okay. And so the next step is to look for Council's action on moving this forward to a future meeting -- through resolution? Nary: Madam Mayor, Members of the Council, yes. This is less than the five percent. By statute you can move forward with just a resolution to approve the increase. At a future meeting we can bring a resolution forward, if that's your direction. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: I move that we approve the recommendation of the SWAC commission to accept the increases proposed with a resolution at a future meeting. Bird: Second. Meridian City Council August 11, 2015 Page 12 of 26 De Weerd: Okay. I have a motion and a second. Any discussion? Do we want a date specific? Nary: Madam Mayor, Members of the Council, probably the -- the day you would like to have it back, certainly, but also the date you want it to be effective. I don't recall specifically if there was an effective date recommended by the SWAC or by -- De Weerd: It's October -- Nary: Yeah. Oh, that's right. It's based on the fiscal year. So, it's the October billing cycle I think. De Weerd: You can bring the resolution back next week? Nary: Next week. De Weerd: Okay. Okay. Anything further from Council? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, nay. De Weerd: Okay. Motion passes. Thank you for being here. MOTION CARRIED: FIVE AYES. ONE NAY. Item 7: Action Items A. Public Hearing: Proposed Fall 2015 Fee Schedule of the Meridian Parks and Recreation Department De Weerd: Item 7-A is a public hearing on the proposed fall fee schedule for the Meridian Parks and Recreation Department. I see Jake here. Hi, Jake. Garro: Good. How are you? Thank you, Madam Mayor, Members of the Council. As you see before you, we have our activity guide fees for this fall, 2015. Our guide will go to print tomorrow and be released Friday. A couple new classes this fall use. On the youth side of things we are excited to offer a Robotics One camp with PC Adventures Learning Lab in Eagle and another activity that I'm excited about is Starlight Mountain Theater dinner and show for the seniors in our community. So, like I mentioned before, trying to ramp up those activities for that demographic in our community and excited about taking that trip up to Garden Valley on September 11th and with that being said I can stand for any questions regarding this fee proposal. De Weerd: Thank you, Jake. Council, any questions regarding the schedule? Garro: Thank you. Meridian City Council August 11, 2015 Page 13 of 26 De Weerd: Thank you. This is a public hearing. Is there anyone who would like to provide testimony on this item? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Seeing how nobody wants to testify, I move we close the close the public hearing on the proposed fee schedule for the Meridian Parks and Recreation Department. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing to Item 7-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. B. Resolution No. 15-1081: A Resolution Adopting the Fall 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: Item 7-B is Resolution 15-1081. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve Resolution No. 15-1081 for the fee for Meridian Parks and Recreation Department. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-B. If there is no discussion, Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Jake. Garro: Thank you. Meridian City Council August 11, 2015 Page 14 of 26 C. PY2015 Community Development Block Grant (CDBG) Annual Action Plan Public Hearing and Approval De Weerd: Item 7-C is -- I think it's fiscal year. I don't know what the P stands for. Kelly: Program year, Madam Mayor. De Weerd: Program year. Thank you. I will turn this over to Sean who will tell us what we need to know. Kelly: I hope that will suffice. Madam Mayor, Members of the Council, thanks for allowing me to be here this afternoon and talk to you about next year's -- which is program year 2015, which is going to be fiscal year 2016, coming onto calendar year 2016. This presentation of the draft action plan and the public hearing is a final step for submission and approval for our coming year's projects. The priority focused on coming years supported by our current consolidated plan, the strategy is being decent housing and suitable living environment. I will leave the slide here for a moment. This slide is a breakdown of our 2015 program year allocations. As a program overview, the expected award for next year is 330,000 dollars, approximately. Just a quick note on clarity. This is not meant to be -- the total is not meant to be misleading from the sub total. It does not equal 330,000 dollars until you recognize that 49,000, roughly, is coming from three previous program years, '11, '12, and '13. That unallocated funds that we have had from prior years that has been sitting there. We have been using it ongoing for different project like the sidewalk projects and things like that. However, with the first-in, first-out process with HUD going away, we don't want to leave any unexpended funds in prior years. They haven't decided how it's going to work going forward, but it's probably apropos to move that from previous years, apply it to the next coming year and, then, deal with '14 and '15 and '16 in their own program years and reallocate as needed as quickly as possibly. The math does add up once you take into account that 49,000 dollars from previous years. This is our geographic distribution of funds. As you can see we have three public service projects -- or public facility projects that are actually going to happen within the LMI community itself. One thing to note with this map -- you saw one last year and some of you -- in previous previous years. There was only three. Our LMI area has doubled in the last year. That is just a catch up of some other data from ATS. So, the two north -- Cherry Lane and Fairview is one -- being two only north of Fairview and one south to the highway. So, for future years this gives us another opportunity to use CDBG funds in those particular areas where public service -- or for public service and for public facility projects. Are there any questions on this slide? De Weerd: Any questions on this slide? How is that compared to the former LMI area? Kelly: Madam Mayor, the former LMI was -- De Weerd: Cherry to -- Meridian City Council August 11, 2015 Page 15 of 26 Kelly: It was Cherry to Franklin. So, those two there. Cherry to Franklin. And, then, the one east of Main. And that was all we had and we have had that for several years. So, this is the new computation with the new ACS data from 2006 being formulated and added in that the new area needed income has changed and that shifted the area needed income to the right, so this probably captures individuals who did not -- who were either previously at area needed income or above and are now west of that line, as well as the ACS data that just hadn't been -- hadn't caught up with what the funding sources were yet. De Weerd: Okay. Thank you. Kelly: For our distribution of funds, this is -- the public service dollars -- the public service dollars, the ask was actually left in the cap, as I have explained before. Because of that Meridian Food Bank we decided to increase their ask to meet the cap. It seemed appropriate. In previous years we had asked them to take less to give room for some other public service agencies that were trying to use those funds. This is an interesting year, because we didn't have -- or, rather, we accepted every full application in some form or fashion for this year's action plan, probably because we had enough money to do so and the projects that were being asked for were both qualifiable and smaller dollar amounts than we had in previous years. So, we were actually able to include pretty much everyone. For public service that meant we had a little extra, so that's where that was put forth with the Meridian Food Bank funds. The senior advisory board, that resource guide is meant to capture some specific information. It's mirrors -- it's supposed to mirror some of the old -- we had a Meridian citizen resource guide that we still have -- that we have some copies of around here. This is specific to seniors. It's meant to be a resource for probably the most heavy out of those hard hit seniors that we had within the City of Meridian. A senior board is heading that up. CATCH, who we have worked with just this past year, they have also asked to be included. They decreased their amount significantly from last year and that probably has to do with -- they have decided that their capacity to meet Meridian need and the Meridian need itself with one individual that's working there, is a little bit less than what they had originally intended for last year. So, public facilities, the Five Mile Creek pathway is a direct enhancement to the LMI. It's actually -- this particular segment of the pathway is right in one of those LMI areas that connects to one of our new LMI areas and completes the pathway from Pine to Fairview. Just as a note, Washington Park Apartments, which is a USDA funded low income housing facility, is within a hundred feet of this -- or a few hundred feet of this continued pathway project. The Meridian Elementary picnic shelter and recreational facility, this continues to shape probably one of the large -- one of the LMI's largest green spaces to be a community amenity. This project in connection -- in conjunction with the fitness path that was just now constructed this year, continues to turn this into a park like and have park like value to that green space right in the middle of the LMI. The Meridian Boys and Girls Club -- this particular project will fund them for painting the exterior, to bring that exterior from its current dilapidated appearance to, hopefully, online with what the new gymnasium is going to look like, so that should marry up. Madam Mayor, regrettably there is a slide missing and I will just go ahead and talk to that. It's the decent housing that's the portion of this next year's program year. We are going to partner with Neighborhood Housing Meridian City Council August 11, 2015 Page 16 of 26 Services and Boise City, Ada County Housing Authority for 50,000 dollars to each of those organizations to total 100,000 dollars. Again, 49,000 or so that is coming from previous years and what that is for -- as we have done in the past is work with them to find low income housing individuals -- or low income individuals who meet qualifications -- bank qualifications to qualify for a loan, but can't afford the closing cost, can't afford some of their down payment, and that's what we have done in the past with them here in Meridian and so those two projects will go forward with this program year with this action plan. And, then, for program administration, the city is asking for 20 percent, which is our cap, which is not usually normal, we usually ask for a little less than that, and the reason why is because we need to start our planning schedule for 2107. We are there already. We have to start it about a year early. We also have the analysis of impediments that happens area wide that we partner with Boise and -- and Nampa to actually conduct. So, that is why it's at the cap there. Fair housing outreach and education. We are keeping the same amount that we usually do every year for fair housing. This year we are including a couple of alternate products to the action plan based on previous recommendations and the fact that we have had projects that were large dollar amounts that did not -- were not able to fulfill their commitment or go forward. These two projects were both MDC projects. One of them is sidewalk improvements. The second one is the façade improvement. This is very similar to what we have done in the past with MDC and in the past it didn't work very well. MDC has a new plan to institute that that has a different cost measurement to the individuals and the businesses that are applying to that. This particular alternate activity is completely contingent on finishing the slum and blight plan that will happen this following year and that is not tied to the action plan, but is contingent upon. As of right now there has been zero public comment. I have received none. If there is any other public comment tonight they will be included, addressed, and added to before submission to HUD. At this time, Madam Mayor, staff will stand for any questions that you or the Council may have and subsequent to those questions present these requested actions on the slide to Mayor and Council for action. De Weerd: Thank you, Sean. Council, any questions? Okay. Thank you, Sean. This is a public hearing. Is there anyone who would like to provide testimony? Yes, please. Good afternoon, Ralph. If you will, please, state your name for the record. Chappell: Ralph Chappell. 1899 South Swan, Meridian. De Weerd: Thank you. Chappell: Where does the money come from for this? De Weerd: The money comes from the -- Chappell: Federal government? De Weerd: From the federal government. Meridian City Council August 11, 2015 Page 17 of 26 Chappell: I see. So, we are 18 trillion dollars in debt and now we are going to take and spend this, so our grandkids can pay for it in the -- at the end? Is that what this amounts to? De Weerd: Well, I think that's a philosophical question that I'm not prepared to answer. I would offer it to Council to. I think that to a certain degree, yes, but to another degree there is a number of funds that are allocated in all of the budgets. If one doesn't accept the funding it's reallocated to others. So, I don't know if you're necessarily saving money, but you're allocating those funds to the taxpayers that actually pay them. Chappell: The future taxpayers. De Weerd: To the current taxpayers. Chappell: We are borrowing from the Chinese. So, our grandkids are going to have to take care of it and I don't like this at all. Yes, it has good programs, but it's sure making somebody else pay for it. Thank you. De Weerd: Thank you, Ralph. Milam: Madam Mayor? De Weerd: Mrs. Milam. Milam: Ralph, I agree with you and I believe there are also -- there are a ton of wasted dollars that the federal government spends. You know, unfortunately, we are not in that position to -- to make those huge changes that I believe need to be made where there are a lot larger amounts of money and like the Mayor said, if we don't -- if we don't accept this money to improve our -- our neighborhoods, they are just going to give it to somebody else. So, that isn't going to fix the problem. De Weerd: Any further testimony? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Seeing no further testimony, I move that we close the public hearing on Resolution No. 15-1082. Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on Item 7-C. All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Meridian City Council August 11, 2015 Page 18 of 26 D. Resolution No. 15-1082: PY2015 Community Development Block Grant (CDBG) Annual Action Plan Approval Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I move that we approve proposed resolution 15-1082 for program year 2015 of the Community Development Block Grant annual action plan. Milam: Second. De Weerd: I have a motion and a second to approve resolution under 7-D. Any discussion? Madam Clerk, will you call roll. Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: Can you now direct staff to forward that program recommendation onto HUD for the review and approval? De Weerd: They will -- they will do that per our resolution. Cavener: All right. Thank you. Item 8: Department Reports De Weerd: Thank you. Thank you, Sean. Item 8-A is under Department Reports and we will hear from our Public Works Department with a streetlight enhancement report. I'm assuming that, Warren, you are the lucky person to give this. Stewart: Madam Mayor, Members of the Council, actually, Austin is supposed to be here to give that report. I know he prepared a presentation, because I reviewed it and, quite honestly, I'm not exactly sure where he is at. So, maybe we can postpone that or move it further and -- De Weerd; We will certainly do Item 8-B first and, then, we will -- we will get back to -- Stewart: Sorry about that. Meridian City Council August 11, 2015 Page 19 of 26 B. City Council Liaison/Committee Updates De Weerd: Okay. Council, this is under City Council liaison and committee updates, so we will start with Mr. President to my right. That would be Mr. Rountree. Rountree: Just a point to Ralph's comment. And I appreciate that very much. If we will recall here a couple years ago our -- our Congress -- just probably the only step that I know of in recent years to try to reduce its spending through the sequestration act, these HUD fund monies, as with a number of grant programs that the federal government supports are subject to the sequestration process, which is a process to reduce federal spending and, in fact, the grant monies -- we have seen the grant monies that are available reduce over the past few years, now they are starting to come back. I don't know why. But at least that act was an act to get a handle on the budget, but not necessarily the deficit. So, if that's any solace, at least they are attempting to balance the budget through actions and the final point is we didn't raise our hand and say we -- we want this money that -- the dollar amount was sent to us saying you have this much money based on income level in this particular area to spend to improve the communities in which they live and improve their lives. So, that's where we are, for what it's worth to you, Ralph. Just my thought. As far as the liaison stuff, Madam Mayor, we all know how well you use your head and do your job and the last week you have taken it to an extreme. De Weerd: Well, it's a good thing I'm hard headed; right? Rountree: As far as the other liaison activities go, the budget and the budget numbers have been moved forward into and through the budget hearing process. I will let the Mayor talk about her activities and whatnot that she's undertaken the last couple three weeks. I will point out that -- not a city, nor a liaison activity, but another activity that the Western Ada Recreation District board yesterday did approve a resolution to move forward with a potential bond for an aquatic center to be partnered with other partners that are coming together with the school district, the library, YMCA at the southern Meridian area. We are waiting for the amount to be established, but we will be moving forward with -- with an attempt to get a bond to do that, as will the library board. De Weerd: Thank you for that update. I appreciate it. Mr. Borton. Borton: Madam Mayor, met most recently with Chief Niemeyer talking about what's developed in the Fire Department, specifically the -- the master planning process. The study that was funded by the Council is going to commence soon and there is also going to be some good feedback provided to us this fall with regards to the alternate response vehicle opportunities, pros and cons, get some feedback from us as to what problems we are looking to solve from that financial and operational and, then, we should, in November, December, have some report back on opportunities with that program and also how that could help address some of the issues we have talked about in the budget process, most specifically with the fire truck replacement cost and additional opportunities to lengthen their lives -- of fire trucks and kind of do more with less, as every department Meridian City Council August 11, 2015 Page 20 of 26 has to do with limited means. So, those are two big action items that are underway and we should have a lot of good information back for the end of the year on both of those. So, big project moving from Fire. De Weerd: Thank you. Mr. Zaremba. Zaremba: Thank you, Madam Mayor. Well, my two departments -- the Legal Department is doing just fine and trucking along. Public Works is also. The director told me recently -- and I'm trying to remember the details. I'm going to make some details up and Warren and correct me if I get them wrong, but my understanding is that the federal NPDES permit has been given to us in draft form, as well as Nampa's and Eagle's I think it is, that came out at the same time, and we have something like 45 days to respond to that. Am I going off base here? Stewart: You're really close, but -- Madam Mayor, Members of the Council, actually, the final draft -- it's not a draft form anymore. The actual permit has been issued. There is a 60 day comment period, which we have opportunity to provide comment, so does anybody else, and we are evaluating with our consultants what comments to provide regarding that permit and it's Nampa and Caldwell and City of Meridian who have all had their permits issued at this point. Zaremba: Thank you. An example that even though I wear hearing aids that doesn't stop things from going in one side and out the other. Thank you for saying I was close. Separate from that, Valley Regional Transit -- some of us are going to get together next week to do a review of our Saturday bus service and some updates and some ideas on making it more effective. Councilman Rountree has had a preview of that, because he's going to be gone next week and won't be able to meet, but we will learn what we can learn and I will make a report on that later. But we are looking into the Saturday bus service and how it's gone and what else we can do. That's it for me. De Weerd: And perhaps if we can use that money in a different way that would have a greater impact. Zaremba: Yes. De Weerd: Thank you. Mr. Bird. Bird: Thank you, Mayor. Well, in the Parks Department tomorrow we will expect everybody out there at 4:00 o'clock to cut the ribbon for the Bark Park -- Meridian Bark Park. I'm sure a lot of four legged citizens will be out there running around doing it. Other than that, they just keep making our parks look nice and do a good job there. My Finance Department has got the budget ready for public hearing the 25th and, then, we will proceed on getting it through. And at the MDC tomorrow morning at 7:30, anybody that wants to come and hear our proposed budget is welcome to show up 7:30 here. De Weerd: Thank you, Mr. Bird. Mrs. Milam. Meridian City Council August 11, 2015 Page 21 of 26 Milam: Madam Mayor. So, with Information Services, they started a project this week with the Clerk's, IT and Legal to write a software program to automate the public records request process. That will be nice. And the Police Department, they are going to install all the furniture tomorrow, including the defensive tactics mat in the PFPC. They have got temporary occupancy and are waiting for the signage before they can get final sign off. The first classes are scheduled for August 30th and we will have a grand opening ribbon cutting sometime in September. The two new officers are about three weeks out from graduating from the academy. Rountree: Very good. Cavener: All right. De Weerd: Mr. Cavener. Cavener: Last but not least. Community Development shared with me today that the New Ventures Lab continues to be successful. They are hosting a variety of events and they have been able to partner with the Harvest Church on some parking related issues, so that the attendees have plenty of parking, which is appreciated and at this time that space continues to be used. Project Burbank continues to move forward and there is a new project in the works type of project, Arcadia, that could bring up to 500 jobs with an average salary of about 75,000 dollars. So, Economic Development is excited about the possibility with that and we are about two weeks out from the close of the RFP for the performance arts center. We are hopeful to get some responses on that. In HR they are taking a big rest coming off of our budget hearings, but are quickly jumping into open enrollment and Patty -- just in time for me sharing their communication plan to educate our employees about potential changes, make sure everybody understands the new offerings in our benefits package this year. A couple other things. Thanks to the Police and Fire for National Night Out last week. I know many of us were able to attend. I thought it was great. It's always nice to come hungry and leave happy from events like that. It was great to connect with some of our citizens and, Mayor, it's nice to see you back. I'm glad you're okay. I know we all are. De Weerd: Thank you. I'm glad to be here. Holman: Madam Mayor? De Weerd: Miss -- yes, Madam Clerk. Miss Whatever. Holman: I just wanted to quickly make a clarification that the -- the public hearing for the budget is on September 1st. De Weerd: Thank you. I guess Mr. Rountree suggested that I tell you what I have been doing. Didn't do much of anything last week. And if I did I don't remember. So, that's my story and I'm sticking to it. I'm just hopeful that I didn't send any e-mails out that I will Meridian City Council August 11, 2015 Page 22 of 26 regret later, so -- but, you know, for a while I could always blame a concussion. So, that was -- that was my story. Again I will stick to it. We were glad to wrap up the budget and have things firmly in place for our public hearing and we will be working on making sure that our citizens know what is in the upcoming proposed budget and they know they have an opportunity provide public comment. We did do a town hall meeting about three weeks ago at the Meridian library. We appreciated the library and their hospitality. We had a fairly good turnout in particular because it is summer, but we really appreciate the unplugged format where the people that were in attendance had the opportunity to ask questions that were on their mind and we also reached out via social media and had questions that were asked in advance of the program, so that we could answer those as well. It was streamed and so those that asked the questions online did have an opportunity, if they couldn't join us, they had the opportunity to join us online and view the answers to their questions as well. We did put it out via social media, answered them directly to the citizens as well. So, we had a -- our executive council strategic planning meeting with the Mayor's Youth Advisory Council at my home and had an opportunity to do some team building, but also look at the year ahead. We have a very dynamic executive council. I'm so excited to work with this group. I -- each year I think it can't get better and, then, they make me wrong. They show me how they can just beat the year before with their enthusiasm, their ideas, their dedication and hard work. So, I'm really looking forward to this group and working with them and seeing what they are able to accomplish. I just try and stay out of their way. We had retreat with our senior management team to start filling in the tactical plan with our strategic plan. There is a lot of work to be done, but we did make a commitment to the Council that we would have something to you in November and because there is a lot of work to do we spent a day over on the Scentsy campus and tackled some of the all-hands-on-deck strategies that will require all of our departments, gave an idea of what -- the format and walking through a process that -- that each can employ as they -- they fill out their strategic initiatives and put together the tactical plan. We had a meeting with senior advisory committee and this -- the senior advisory board meets quarterly. We have decided to start meeting monthly, which is good, until we really find our pace and find the direction, establish some real focus areas. Their monthly meeting makes a lot more sense. At some point if we were well established and we know the direction we are going, we might move back to meeting less frequent, but for now we have moved it to a monthly meeting. Councilman Rountree and I met with -- in regards to the golf course and met with the operators and the golf associations and had a really good dialogue with them. I know that we wrapped up our youth work life skills program. Had a real good group of -- of young teens that got a lot of great exposure to what public service is all about. They talked about the things they liked, the things that we could improve with the program, but we had a real energetic group this year and they weren't really excited about the types of work that they were involved in and what they were exposed to. They were very appreciative of the program and send kudos to the -- the Council for continuing to -- to allow the savings to be invested in our youth. And, finally, we had our first ever Kids Fest in the Kleiner Park. For a first year event that was very well attended and they had a lot to offer to our families and our young ones in this community. So, there is always a lot going in. It's always amazing to me how much is going on in our community to -- to choose from and I will leave it with that. Anything further from our Council Members? Meridian City Council August 11, 2015 Page 23 of 26 A. Public Works: Street Light Enhancement Report De Weerd: Okay. I will, then, go back to our 8-A and offer the podium to Austin. Thank you for being here. Petersen: Thank you, Madam Mayor and Members of the Council. I apologize for my tardiness. De Weerd: That's all right. I think we probably surprised you by doing it quicker than you thought, uh? Petersen: Well -- and I was listening to the live stream, but, apparently, I just realized maybe if you hit the pause button, when they do something else, it doesn't, when you hit play, immediately go to where things are happening, so as far as I knew you were still talking about Republic Services. Anyway. Thank you. I'm here today to give an update on where the streetlight enhancement funds have been spent for the past few years. Back in the budget hearing in June you asked the Public Works to come and give an update to you and that's why I'm here today. So, to start with, over the -- since 2011 we have done four capital streetlight improvement construction projects and we have another one underway this year. The pictures that you see below are representative of those projects. Down in the bottom left-hand corner we have Northwest 8th Street. In the center is Linder, Biddick to Cherry. In the bottom right-hand corner you can see there is also Linder, Cherry to Sandalwood phase one, and the top right-hand corner -- that's an image after our Main Street corridor conversation project. So, the next few minutes I'm going to give you a little more information on each of those projects, as well as some of the projects that we are going to be doing in the future. So, the Northwest 8th Street pedestrian lighting was the first capital street lighting project that the Public Works Department had done in quite some time. This was constructed in 2011. Here in the bottom left-hand corner you can see how 8th Street looked prior to this project. It was -- was very dark. There were bike lanes that were installed and this was a major walk to school, so it became a priority area for us to install streetlighting and this project was constructed using CDBG grant funds and it resulted in installation of seven new light poles and eight LED fixtures. We were able to reuse one existing pole that was there. Another project that was also done in 2011 was an energy efficiency grant funded project and this was on the Main Street corridor conversion where we converted 57 decorative fixtures and 91 roadway fixtures to more energy efficient fixtures. The decorative fixtures went from being 150 watt high pressure sodium lights to 80 watt induction lamps and the total result in electric savings is over -- is 81 megawatt hours of electricity annually, which correlates to a 4,200 dollar reduction in our annual electric cost. We also expect from that project to see over 70,000 dollars in reduced maintenance due to the longer life span of the LED and induction lamps. The total cost of this project was 113,000 dollars. We received those funds from an energy efficiency grant program that was available in 2011. So, both of those projects were received very well and they led us to come to you and ask for enhancements to do projects throughout the city. The first of these projects that we did in 2012 was Linder Road, Biddick to Cherry, and in looking at areas where streetlights Meridian City Council August 11, 2015 Page 24 of 26 were needed, the Linder Road corridor between Biddick and Chateau was identified as a high need area and became our top priority for these projects. This area in the walking -- is the safe route to school walking area for three different schools Meridian High School, Meridian Middle School, and the Barbara Morgan STEM Academy. So, this first project, Linder Road, Biddick to Cherry, included the installation of 13 new streetlights. The design was completed in house and the total cost was 60,000 dollars. Here on the image you can see the result of these -- of this project. It's resulted in very good illumination. We had received a lot of positive feedback on it and, unfortunately, I do not have a before picture of this section of roadway, but I'm sure that some of you can remember how dark it was prior to this construction project. The next project that we did was Linder Road, Cherry to Sandalwood phase one, and this included the installation of two LED lights north of Cherry Lane. This also complimented ACHD's sidewalk installation on the side of the roadway that they installed as part of their safe route to school program. Here on -- and you have seen this pictures before. Here on the left is the before picture. You can barely even see that there is an intersection there and a pedestrian crossing versus after the lights that area is lit up as is the sidewalk on the east side of the roadway. So, this year -- starting next month -- we actually had a bid opening for the Linder Road, Cherry to Sandalwood phase two, yesterday. That project came in within budget and so we will be installing five lights north of the ones installed on phase one. This image that you see on the right is taken in the exact same location as the two on the previous slide, it's just facing north, so next year this area will be illuminated as well and I will have an after picture to show you then. So, in addition to these construction projects we have also spent some of the funds on design projects. The largest of these was the Franklin Road, Black Cat to Ten Mile, illumination project. ACHD and ITD are doing a major road widening project with -- in 2016-2017 and with this we will be installing 46 new LED streetlights. The street lighting qualifies for the federal funds of the project being that it's part of the roadway infrastructure, but we are required to pay a local 7.3 percent match on those funds. That money was included in the enhancement that was brought to you earlier this year. The second construction -- or design project that we have done was the Settlers Park frontage lighting and this will be installed with the ACHD construction projects on Ustick and Meridian Road in 2017 and it includes a total of 17 streetlights. So, in addition to those designs we will talk about the upcoming construction projects that we have. So, in 2016 we are looking at paying for the Franklin, Black Cat to Ten Mile, road construction and we are also looking at doing some residential streetlighting improvements as we talked about with the enhancement brought to you earlier and in 2017 we are looking at also continuing installing lighting and needed areas in some of the older subdivisions on the residential streets, particularly in areas where there is intersections that have no lighting along safe routes to school and near bus stops and areas where kids walk and we are also in 2017 going to have a Cherry Lane, Linder to Meridian, roadway widening project that ACHD will be installing roadway lighting along that whole mile and that was done -- that will be done with local highway safety improvement grant funding and I will be coming to you for an enhancement on that for a local match with that project as well. And are there -- with that are there any questions? De Weerd: Thank you, Austin. Council, any questions? Meridian City Council August 11, 2015 Page 25 of 26 Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: One question, Austin. What determines where you do these projects at? I mean do you have a matrix that you look at and say what intersection is more important than another and -- how do you ultimately determine where you go? Petersen: Madam Mayor, Councilman Cavener, yes, for the intersection improvement projects that we will be doing in 2016-2017 I have put together a matrix. That matrix identifies the higher need areas and the part that go into that are the number of legs on the intersection, the roadway geometry, how hard it is to see the signage and other things that are happening there. Complaints that we have received from citizens is a factor in that, as well as crime in the area. So, those all go into the matrix and determining the priority for the intersection where we will be installing lights. Cavener: Thank you. De Weerd: Okay. Anything further? Thank you for bringing this back in follow up to the presentation we had during the budget workshop. I know Council appreciates the information and the improvement. This has -- this has been a priority for life safety and community safety reasons and I think you have been able really show the -- the positive outcomes at the program and the direction that it's going. So, thank you, Austin, for doing that. Petersen: Thank you. De Weerd: You need to watch that pause button. Petersen: I did. Item 9: Future Meeting Topics De Weerd: I paused there for awhile myself. Okay. Council, anything for Item No. 9, future meeting topics? Bird: I have none. Item 10: Executive Session per Idaho State Code 74-206(1)(d) – Records exempt from disclosure as provided in Chapter 1, Title 74, Idaho Code. De Weerd: Seeing none. Do I have a motion to adjourn into Executive Session per Item 10? Bird: Madam Mayor? Meridian City Council August 11, 2015 Page 26 of 26 De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74-205(1)(d). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: Thank you. All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (4:17 p.m. to 4:46 p.m.) Bird: I move come out of Executive Session. Rountree: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Move we adjourn. Milam: Second. De Weerd: All those in favor say aye. All yes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 4:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) _______________________________ ______/______/______ MAYOR TAMMY DE WEERD DATE APPROVED ATTEST: _____________________________________ JAYCEE HOLMAN, CITY CLERK Meridian City Council August 11, 2015 Page 26 of 26 De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 74-205(1)(d). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Madam Clerk, will you call roll Roll Call: Rountree, yea; Bird, yea; Zaremba, yea; Borton, yea; Milam, yea; Cavener, yea. De Weerd: Thank you. All ayes. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (4:17 p.m. to 4:46 p.m.) Bird: I move come out of Executive Session. Rountree: Second. De Weerd: I have a motion and a second to come out of Executive Session. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Move we adjourn. Milam: Second. De Weerd: All those in favor say aye. All yes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 4:56 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) DATE APPROVED wo PA14—tt CPA= ATTEST: S oma, JAYCEEQ8OLMAN, CITY CL RKY�- SEAL Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: 4A PROJECT NUMBER: ITEM TITLE: Approval of Minutes Approve Minutes of June 17, 2015 City Council Budget Workshop Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 11 2015 ITEM NUMBER: 4B PROJECT NUMBER: ITEM TITLE: Approval of Minutes Approve Minutes of July 14, 2015 City Council Workshop Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Auqust 11, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of Minutes Approve Minutes of July 21, 2015 City Council Meeting MEETING NOTES 9 APPROVED 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: Auaust 11, 2015 ITEM NUMBER: 4 PROJECT NUMBER: ITEM TITLE: Approval of Minutes Approve Minutes of July 28, 2015 City Council Pre 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: August 11, 2015 ITEM TITLE: Approval of Minutes ITEM NUMBER: PROJECT NUMBER: Approve Minutes of July 28, 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: Auaust 11, 2015 ITEM NUMBER: 4F PROJECT NUMBER: ITEM TITLE: Resource Officer Agreement West Ado School District Resource Officer Agreement MEETING NOTES til A 0 ll ROM Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS WEST ADA SCHOOL DISTRICT RESOURCE OFFICER AGREEMENT THIS AGREEMENT, entered into by the City of Meridian, a political subdivision of the State of Idaho, hereinafter referred to as "the City of Meridian", and Joint School District Number 2, Meridian, Idaho hereinafter referred to as "the District". WHEREAS, the District desires increased law enforcement from the City, through the Meridian Police Department; and WHEREAS, the City of Meridian and the Meridian Police Department desire to provide increased law enforcement services to the District, through the Meridian Police Department; and WHEREAS, the parties recognize their mutual interest can be furthered through the use of the School Resource Officer (SRO) Program of the Meridian Police Department; NOW, THEREFORE, for and in consideration of the mutual covenants and promises contained herein, the parties agree as follows: 1. This Agreement shall be for the sole benefit of the District and the City and shall not be interpreted to benefit third parties. The relationship of the parties hereto is that of contractor and independent contractor, and it is expressly understood and agreed that each party and their officers, agents, and employees do not in any way, nor for any purpose, become a partner, agent, joint venturer, servant, or employee of the other. 2. The City of Meridian, through the Meridian Police Department, shall provide School Resource Officer services at designated campuses, as referenced in Paragraph 3 below, including, but not limited to: investigating and preventing crimes against persons or property; identifying and arresting violators of state and local laws; filing investigative reports and other required reports or documents; patrolling; and, to a limited extent, maintaining building security, controlling traffic, and enforcing traffic laws. 3. The City of Meridian shall provide one (1) School Resource Officer at Meridian Middle School, one (1) School Resource Officer at Sawtooth Middle School, one (1) School Resource Officer at Lewis and Clark Middle School, one (1) School Resource Officer at Heritage Middle School, and one (1) School Resource Officer to cover Central Academy, Meridian Academy, Crossroads Middle School, and Pathways Middle School. 4. As a member of the school management team, the SRO shall endeavor to maintain open and regular communication with the assigned school principal and shall positively promote the school, staff, students, and administration to the community. 5. The Meridian Police Chief and the District will determine how the officers performing the duties under this Agreement will be deployed, and the manner in which the services contemplated by the Agreement shall be provided. The Meridian Police Department will communicate to the assigned school principal whenever concerns or problems regarding scheduling, duties, or other items occur. The interiors of buildings will not be patrolled by SRO's except as is 2 necessary to investigate crimes and apprehend criminal suspects; however, the SRO's shall maintain high visibility with students during break and lunch periods. 6. The Meridian Police Chief and his officers shall have the right to exercise due discretion in the performance of this Agreement, including, but not limited to the type, nature, extent, and result of any response or activity undertaken by the Meridian Police Chief and his officers. 7. a. With the exception of paragraph 7(b) below, the conduct of the Meridian Police Chief and his officers will be governed by the Meridian Police Policy Manual (hereinafter "Manual"). In the event that the District's procedures conflict with the procedures set forth in the Manual, the provisions of the Manual shall prevail. The Manual which will be maintained at the Meridian Police Department shall be an integral part of this Agreement and it is incorporated herein as if set forth fully. b. District and Parental Notifications. Not withstanding any other provisions herein to the contrary, the following procedures shall be used in all instances with regard to notifying the principal and/or a student's parents about the interaction of SROs with students: i. When an SRO interviews a student in the course of investigating a crime, the SRO shall notify the school principal, or designee, of the fact that an interview with the student was conducted, no later than the end of the school day in which the interview was conducted. 3 ii. In the event that a student is arrested by an SRO or if the SRO finds it otherwise necessary to remove the student from school, the SRO shall immediately notify the principal of the school, or designee. iii. Upon receiving notice of any of the above circumstances from an SRO, the principal, or his or her designee, shall make reasonable efforts to contact the student's parent or guardian. If contact is made, the principal may tell the parent or guardian of the student that a police officer questioned the student, removed the student from campus, or arrested the student, as the case may be, and may further state that additional information may be obtained by contacting the Meridian Police Department or if another enforcement agency is involved of which the principal is aware the principal may then give the parent or guardian that information. iv. If a student's parent or guardian contacts the principal about interviews conducted by an SRO, the principal may disclose any information received by the principal from the SRO and may refer further questions to the Meridian Police Department or the correct law enforcement agency if another law enforcement agency is involved of which the principal is aware. Liability arising from any of the above actions shall be governed by paragraphs 18 and 19 of this Agreement. 8. The City of Meridian shall use five (5) suitably trained police officers in meeting its obligation herein, each of whom may be physically present at one of the school campuses referenced in Paragraph 3, in accordance with a schedule that is mutually agreeable to the District and the Meridian Police Department. If 4 scheduling conflicts occur causing an SRO to be off campus during a scheduled on -campus period, efforts will be made to provide prior notice and arrange with the assigned school principal to provide adequate coverage. 9. Meridian police officers providing additional services and police protection under the terms of this Agreement will wear the authorized uniform of the Meridian Police Department. 10. The parties recognize that the District may from time to time adopt policies, procedures, rules, and regulations affecting the conduct of persons present on the campuses referenced in Paragraph 3. To the extent that violation of those policies, procedures, rules, and regulations constitutes a violation of law, including breach of the peace, or a threat to public health or safety, those policies, procedures, rules, and regulations will be enforced by the Meridian Police Chief and his officers. To the extent that violation of those policies, procedures, rules, and regulations does not constitute a violation of the law, the Meridian Police Department is not required to take law enforcement action and will leave the enforcement thereof to the District. SRO's shall inform the principal, or his designee, of violations of school policies, procedures, rules or regulations of which he/she has personal knowledge. 11. This Agreement is for a period commencing on or about August 25, 2015, and ending on or about June 3, 2016 in accordance with the Meridian School District Calendar. It is agreed under the terms of this Agreement that the SRO's shall commence the duties set forth herein one (1) week prior to the first day of classes in the fall of 2015, and will complete the 5 obligations one (1) day after the last day of classes in June 2016. At the present time, the dates set forth in this section are the anticipated starting and ending dates. However, each party to this agreement recognizes, that as of this date, the start and end dates of the 2015 — 2016 school year are tentative and may be changed, and if there are changes, this Agreement shall incorporate such changes as if set forth fully herein. 12. As consideration for the services provided by the City of Meridian pursuant to the terms of this Agreement, the District shall pay the total sum of $225,938.00 to the City of Meridian in two installments. One-half shall be paid on January 30, 2016, and the balance on or before May 31, 2016. 13. Security for special events will be approved and the City of Meridian compensated as follows: SPECIAL EVENTS a. The District shall provide the Meridian Police Department with a list of special events and scheduled after-school activities for all schools within the city limits of Meridian at which the District is requesting law enforcement officers to be present. The Meridian Police Department shall provide a minimum of two police officers for each event. b. If an event should arise that is not on the original special event list provided by the District, the Community Service Division (CSD) SRO Sergeant shall attempt to provide two law enforcement officers to comply with the request. RECORD OF TIME AND REIMBURSEMENT C. SRO's who attend a special event at his/her designated school and/or officers who work at special events at the request of a district school principal shall complete a Meridian Police Department Time Slip for the event and the requesting principal or his/her designee must sign and approve the completed slip. The SRO and/or officers shall then submit the Meridian Police Department Time Slip to the SRO Sergeant. PAYMENT d. The SRO Sergeant of the Meridian Police Department shall prepare and submit an invoice to the Meridian City Finance Department. The Meridian City Finance Department will invoice the individual school(s) hosting the special event(s) at which SRO(s) or other officers worked at the end of each month. The District shall pay one-half (1/2) of the overtime pay due and owing an SRO who worked at the request of his/her designated school at the SRO's hourly overtime salary. The District shall pay Meridian Police Department standard overtime for all other required Meridian Police Department Officers. 14. The parties recognize that a school within the District may desire to have the Meridian Police Department provide additional security services for sanctioned school events. This agreement does not govern the provision of such additional security services. Additional security services for school events may be addressed in an addendum to this Agreement or in a separate agreement at a later date. 15. The District agrees to provide officers with adequate office space and suitable desks and chairs for the purpose of this Agreement. 16. It is acknowledged by the parties that City of Meridian personnel acting pursuant to this Agreement are not the employees or agents of the District or schools within the District, but rather, they remain the employees of the City of Meridian. 17. Law enforcement personnel acting pursuant to this Agreement may be absent from their assigned campuses on holidays observed by the District. 18. In the event the City of Meridian or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgement asserted against them which arises from acts or omissions of the District, its officers, agents, or employees, the District shall, at its expense, defend and indemnify the City, its officers, agents, employees, insurers, and indemnitors, and hold them harmless in the premises. 19. In the event the District or any of its officers, agents, employees, insurers, or indemnitors have any claim, demand, suit, or judgment asserted against it which arises from acts or omissions of the City of Meridian, its officers, agents, or employees, the City of Meridian shall, at its expense, defend and s indemnify District, its officers, agents, employees, insurers, and indemnitor, and hold them harmless in the premises. 20. It is acknowledged by the parties that District personnel acting pursuant to this Agreement are not the employees or agents of the City of Meridian, but rather, they remain the employees of the District. 21. This Agreement may be cancelled by either party for non- conformance or poor performance, on thirty (30) days written notice. If the performance defect is corrected during the thirty (30) day period, this Agreement shall continue in full force and effect. If the City of Meridian terminates this Agreement due to the District's failure to timely correct the default in its performance, the District shall pay to the City of Meridian the consideration set out in Paragraph 11, prorated to reflect the number of school days in which services were actually performed by the City of Meridian. 22. The Assistant Superintendent for the school district has the authority to execute this Agreement on behalf of the District; and she/he shall promptly bring this Agreement before said Board of Trustees for its ratification at a regularly scheduled meeting. 23. This Agreement shall be interpreted in accordance with the laws of Idaho. 24. This Agreement constitutes the entire agreement of the parties and all other agreements, oral or written, are included in and merged herein. 9 25. This agreement may be modified only by a mutually executed written addendum signed by the Meridian School District Assistant Superintendent and the Mayor of the City of Meridian. 26. The principal of each school shall, in writing, provide the Meridian Police Chief with a designee to contact in the event the SRO cannot contact the principal when so required pursuant to this Agreement. 27. 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 via the United States mail, addressed as follows: Chief of Police Meridian Police Department 1401 E. Watertower Ave. Meridian, Idaho 83642-2300 Joe Yochum Chief Operations Officer West Ada School District 1303 E. Central Drive Meridian, Idaho 83642 Either party may change its address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 28. 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. 10 DATED this ftp day of 2015. CITT OF MERIDIAN BY Mayorof .. Jeff Lavey Meridian Chief of Police �"RnTeo ��G ®A3� s r dayce'ePolman YI City Clerk mF9 �f SEAL By: Ch SEAL By: S Chairman of the ii Meridian City Council Meeting► DATE: Auqust 11, 2015 ITEM NUMBER: PROJECT NUMBER: ZOA 15-001 ITEM TITLE: Findings of Fact Human Bean Findings of Fact, Conclusions of Law for ZOA 15-001 Human Bean by Ada County Highway District Located 1648 N. W. 1 sf Street Request: Text Amendment to Table 1 1- 2D-2 of the Unified Development Code to Include a Drive-Thru Establishment as a Conditional Use in the O -T Zoning District and a Modification to the Associated Specific Use Standards Listed in UDC 11-4-3-11 MEETING NOTES mom 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: August 11, 2015 ITEM NUMBER: 4H PROJECT NUMBER: RZ 15-001 ITEM TITLE: Findings of Fact - Human Bean Findings of Fact, Conclusions of Law for RZ 15-001 Human Bean by Ada County Highway District Located 1648 N. W. 1 st Street Request: Rezone of 2.08 Acres from the R-4 to the O -T Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes 4'H a YS 4 Lvj � � t CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: Auqust 11, 2015 ITEM NUMBER: PROJECT NUMBER: CUP 15-014 ITEM TITLE: Findings of Fact - Human Bean Findings of Fact, Conclusions of Law for CUP 15-014 Human Bean by Ada County Highway District Located 1648 N. W. 1 st Street Request: Conditional Use Permit for a Drive-Thru Establishment in the O -T 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: Auqust 11, 2015 ITEM NUMBER: PROJECT NUMBER: PP 15-009 ITEM TITLE: Findings of Fact - Kentucky Villas Findings of Fact, Conclusions of Law for PP 15-009 Kentucky Villas by C4 Investments, LLC Located 835 W. Victory Road Request: Preliminary Plat Approval Consisting of Eight (8) Building Lots and Two (2) Common/Other Lots on 3.87 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: August 11, 2015 ITEM NUMBER: 4K PROJECT NUMBER: MDA 15-007 ITEM TITLE: Findings of Fact - Hills Century Farm Findings of Fact, Conclusions of Law for MDA 15-007 Hill's Century Farm by Brighton Corporation Located 5340 S. Eagle Road Request: Amendment to the Development Agreement to Remove the School Site from the Development Agreement MEETING NOTES azul 1110 19, 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: August 11, 2015 ITEM NUMBER: 4L PROJECT NUMBER: FP 15-024 ITEM TITLE: Ambercreek No 3 Final Order for FP 15-024 Ambercreek No. 3 by Trilogy, Idaho Located Southwest Corner of E. McMillan Road and N. Meridian Road Request: Final Plat Consisting of Twenty (20) Single Family Residential Lots and Three (3) Common Lots on Approximately 4.91 Acres in a R-8 Zoning District 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: August 11, 2015 ITEM NUMBER: 4M PROJECT NUMBER: FP 15-025 ITEM TITLE: Southern Highlands Subdivision Final Order for FP 15-025 Southern Highlands Subdivision No. 2 by Brad Pfannmuller Located West of S. Eagle Road Between E. Amity Road and E. Taconic Drive Request: Final Plat Consisting of Forty -Five (45) Building Lots and Four (4) Common Lots on 20.68 Acres of Land in an R-4 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: 4N PROJECT NUMBER: ITEM TITLE: TimberGrove Subdivision TimberGrove Subdivision Water and Sewer Easements 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 2015-074610 BOISE IDAHO Pgs=6 LISA BATT 08114/201509: 35 AM MERIDIAN CITY NO FEE IIIIIIiIII l llllllllllllll 1111 1111111 1111111 111 111 00133524201500746100060060 SANITARY SEWER EASEMENT THIS INDENTURE, made this �— day of a -q , 201 between BLUE MARLIN 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 sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer 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 sewer 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 sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sewer Main Easement EASMT SEW 11-15-13.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: BLUE MARLIN INVESTMENTS, LLC By'Jeff W. Moore, Managing Member 820( P.O. Box,8022r, Boise, Idaho 83707 Address STATE OF IDAHO ) : ss. County of Ada ) On this lV'-_ day of �,' y(t A)\ , 206 ,before me, the undersigned, a Notary Public in and for said State, persons lly appeared Jeff W. Moore, 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 set my hand and affixed my official seal the day and vear.frt9f1b6&` writtcn. O, ojOTAR�y Vy ayseo � 6Z �o u J W TA � � ��, � NOTARY PUBIC FORIDAHO PUBLIC r Residing at: Commission Expires: k - l3 - I[) � Sewer Main Easement EASMT SEW 11-15-13.doe GRANTEE: CITY OF MERIDIAN _. (� 1. s,•� GOh�OSiATE�A(/CLsrr c .,y est aycee L. Holman, City Clerk E IDIAN�-- IOAHO Approved By City Council On: Ps �, SEAL ��RAe iRE S�Pf STATE OF IDAHO, ) : ss County of Ada ) On this --LL day of )q 20 �, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) ' C_3 v NOT�IRI� PUBLI IDAHO Residing at:" �2� J 1 A Q Commission Expires: Sewer Main Easement EASMT SEW 1 I-15-13.doc May 7, 2015 EXHIBIT "A" Sanitary Sewer Easements Description For CITY OF MERIDIAN Portions of Block 1, Centrepointe Subdivision as same if filed in Book 97 of Plats at Pages 12330-12331, records of Ada County, Idaho, located within a portion of the Southeast 1/4 of the Southeast 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: SEWER EASEMENT A Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 78°31'12" West, 1192.96 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence leaving said right-of-way line South 89026'41" West, 58.51 feet; Thence North 00°15'21" East, 163.76 feet; Thence South 89044'39" East, 20.00 feet; Thence South 00°15'21" West, 143.48 feet; Thence North 89°26'41" East, 38.50 feet; Thence South 00°15'21" West, 20.00 feet to the REAL POINT OF BEGINNING. - Containing an area of 4,042 square feet, more or less. AND ALSO: SEWER EASEMENT B Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89044'39" West, 2656.46 feet; Thence North 65°03'04" West, 1287.90 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence leaving said right-of-way line South 89002'46" West, 59.00 feet; Thence North 00029'45" East, 748.20 feet; Thence South 89030'15" East, 20.00 feet; Thence South 00029'45" West, 727.69 feet; Thence North 89002146" East, 38.91 feet; Thence South 00°1621" West, 20.00 feet to the REAL POINT OF BEGINNING. Containing an area of 15,737 square feet, more or less. END OF DESCRIPTION N UNPLATTEO 13 J L Ls t4 I I 12 (� z �11 � s p d w } V� 6 I z 10 Y� U NYAg 17 yYnN—� Z 9 nYd^ I 25 100 400 Y4 18 1 0 50 200 1 8 �^ 9 SCALE: 1" = 200' 7 20 �0 0 m I Vz��N 21 Kj NQ tit Y'I 6 O N p 5 Yn of a• 7729 (4 L9 J CID SIiOIIS �O r 4 L71 F C� 9TF \�`T Q- V RPOB 0 OR G. C EASE. "B" P 3 61 W } 13lif Z 2 (4 W Z (4� U (4 G J Z �S o 1 I J -vs `vo: L Lam. RPOB I N8 EASE. "A" rys2/i2.. I E.I USTICK RD. v .v 1/4 32 328.23' T..4N. R.1 E. _ 1328.23' 32 33 V T..3N. R.1E. 5 °' •,. N 89°44'39" W 2656.46' 5 4 BASIS OF BEARING' 5:\ISG 0.ol11,s\D11be,g,ove Sub 15—D4D\d19\TG Sub sxvre, - E%B.awg 5/6/3015 4:01'43 FM MOT IDAHO SEWER EASEMENTS EXHIBIT "B" DRAWING FOR JOB NO. 46 SUITE 130 CITY OF MERIDIAN SHEET N 1450 E. WATERTOWER ST. SURVEY MERIDIAN, IDAHO 83642 SHEET N0. (203) 346-8570 TIMBERGROVE SUBDIVISION 1 OF 1 GROUP, P.C. LOCATED IN THE SE 1/4 OF SECTION 32, T.W. R.1E., B.M., DWG. GATE MERIDIAN, ADA COUNTY, IDAHO 02-07-15 LINE TABLE LINE BEARING LENGTH Lt S 89°26'41" W 58.51' L2 N 00°15'21" E 163.76' L3 S 89°44'39" E 20.00' L4 S 00°15'21" W 143.48' L5 N 89°2641" E 38.50' L6 S 00°15'21" W 20.00' L7 S 89°0246" W 59.00' LB S 89°30'15" E 20.00' L9 N 89°02'46" E 38.91' L10 S 00°15'21" W 20.00' ADA COUNTY RECORDER Christopher D. Rich 2015-074614 BOISE IDAHO Pgs=8 LISA BATT 08/14/2015 09:35 AM MERIDIAN CITY NO FEE 1111111111 1111111111111111111 II II 111111 HE 111111 00133628201600746140080082 WATER MAIN EASEMENT THIS INDENTURE, made this -I-- day of t— d) I L 20� between BLUE MARLIN 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 of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Water Main Easement EASMT WAT 11-15-13.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: BLUE MARLIN INVESTMENTS, LLC By: Jeff W. Moore, Managing Member SUA P.O. Box 802."4, Boise, Idaho 83707 Address STATE OF IDAHO ) : ss. County of Ada ) On this 1 Vday of �-' , 20 i Ca , before me, the undersigned, a Notary Public in and for said State, perso ally appeared Jeff W. Moore, 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 set my hand and affixed my official seal the day and year first %},qe written. (SEAQ,) r NOTARY ®% NOTARY PUB IC FOR ID HO Residing at: PUBLIC e Commission Expires: (i -!S - 2V. Water Main Easemerif'y/1/hnijij%%\\\ EASMT WAT I1-15-13.doc GRANTEE: CITY OF MERIDIAN Tammy de Attest byo4cee L. Holman, City Clerk Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) Onp 3`O�EDAVGVSTtt W IDAHO r SEAL Fa, rnek*°� On this (1 day of Ano"k , 20 Jam, before me, the undersigned, a Notary Public in and for said State, personally appeared Tammy de Weerd and Jaycee L. Holman, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) NO' ARPUB R IDAHO Residing at: �Ae)r\ Al IID Commission Expires: n `i , Qo2 U Water Main Easement EASMT WAT I1-15-13.doe May 07, 2015 EXHIBIT "A" Water Easements Description For CITY OF MERIDIAN Portions of Block 1, Centrepointe Subdivision as same if filed in Book 97 of Plats at Pages 12330-12331, records of Ada County, Idaho, located within a portion of the Southeast 1/4 of the Southeast 1/4 of Section 32, Township 4 North, Range 1 East, Boise Meridian, City of Meridian, Ada County, Idaho being more particularly described as follows: WATER EASEMENT A Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 79°51'19" West, 1187.78 feet to the Northeast corner of Lot 1, Block 1 of said Centrepointe Subdivision, said point being the REAL POINT OF BEGINNING; Thence along the North boundary line of said Lot 1 North 89029'58" West, 3 1. 16 feet; Thence North 00°15'21" East, 61.75 feet; Thence South 89044'39" East, 31.16 feet to the West right-of-way line of North Centrepoint Way; Thence along said West right-of-way line South 00°15'21" West, 61.88 feet to the REAL POINT OF BEGINNING. Containing an area of 1,926 square feet, more or less. AND ALSO: WATER EASEMENT B Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 66°14'48" West, 1275.94 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence North 89044'39" West, 31.50 feet; Thence North 00°15'21" East, 21.05 feet; Thence South 89044'39" East, 31.50 feet to said West right-of-way line; Thence along said West right-of-way line South 00°15'21" West, 21.05 feet to the REAL POINT OF BEGINNING. Containing an area of 663 square feet, more or less. AND ALSO: WATER EASEMENT C Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 52°05'02" West, 1414.94 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence North 89044'39" West, 22.64 feet; Thence North 00°15'21" East, 26.00 feet; Thence South 89044'39" East, 22.64 feet to said West right-of-way line; Thence along said West right -of -line South 00°15'21" West, 26.00 feet to the REAL POINT OF BEGINNING. Containing an area of 588 square feet, more or less. AND ALSO: WATER EASEMENT D Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 45°32'48" West, 1562.38 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence North 89044'39" West, 23.72 feet; Thence North 00°15'21" East, 25.00 feet; Thence South 89°44'39" East, 23.72 feet to said West right-of-way line; Thence along said West right-of-way line South 00°15'21" West, 25.00 feet to the REAL POINT OF BEGINNING. Containing an area of 592 square feet, more or less. AND ALSO: WATER EASEMENT E Commencing at the Southeast corner of said Section 32 from which the South 1/4 corner of said Section 32 bears North 89°44'39" West, 2656.46 feet; Thence North 40°04'07" West, 1730.97 feet to the West right-of-way line of North Centrepoint Way, said point being the REAL POINT OF BEGINNING; Thence North 89044'39" West, 26.78 feet; Thence North 00°15'21" East, 13.50 feet; Thence North 89°44'39" West, 8.39 feet; Thence North 00°15'21" East, 25.00 feet; Thence South 89044'39" East, 35.17 feet to said West right-of-way line; Thence along said West right-of-way line South 0001521" West, 38.50 feet to the REAL POINT OF BEGINNING. Containing an area of 1,241 square feet, more or less. END OF DESCRIPTION ONPLA77ED iv s 3 14 I RPOB EASE °E" 2 z L 6 15 .10 a w 16 1 :� Q z� 10 w RPOB 17 v EASE „D" z 9 18 F• ••Z I •o 25 100 400 0 50 200 h RPOB 20 SCALE: 1" = 200' 17 EAISE °C° m ' 2, Z'. N.N . 5 o . o FO P� V RPOB oEASE ' B' 729 A 3 } zj- cORY G. G OFr2 2s At �l _ I RPOB j•.•N EASE "A" .4; hl (/ E.I USTICK RD. �J •, 1/ 4 32 13_28.2_3 T.. 4N. R. E. 328.23' 32.: 33 • -----= T..3N. R.7 E. 5 ' ' ' • • . , N 89'44'39" W 2656.46' • , . 5 4 BASIS OF BEARING... ,grope sw is-o4e\mrq\ro sin wm., z. Eaem.q s/U^^_pis n:,i IDAHO1450 E. WATERTOWERST. SURVEY 130 MEIRIDIAN, IDAHO 83642 GROUP, P.C. (208) 846-8570 SEE SHEET 2 (EXHIBIT 11C") FOR EASEMENT DETAILS WATER EASEMENTS EXHIBIT "B" DRAWING FOR ;5B 46' CITY OF MERIIDIAN SHEET N0. TIMBERGROVE SUBDIVISION 1 OF 2 LOCATED IN THE SE 1/4 OF SECTION 32, T.4N., R.1E., D.M., DWG. DATE MERIDIAN, ADA COUNTY, IDAHO 05-07-15 19 22.64' JUNE1 BEARING LENGTH S 89°44'39" E 8.39' Y' Cli 'C»', N U EASE w w. Lo N z Ld 7�.,_e; ED Z 2D N 89°44'39" W Z. 22.64' ' RQoo'. I OS 89°44' w� ' 0 o Lo �f , N o (D N 89°44'39" W 3 RPOB OS 89°44'39" E 31.16' w N 0 0 z } 00 Q z 0 w w N ~ in Z w o U o :J - U) U) H K m7/ oz OL. of ONPLA 77E9 i I S 89°44'39° E 3517' I 0 o I �' N ' 6 W , N � o ' 0 z ' L1 o N L� �2 0 0 14 z 0 26.78' LINE TABLE JUNE1 BEARING LENGTH L1 I N 89°44'39" W 8.39' 2 10 40 0 5 20 SCALE: 1 " = 20' 16 23.72' CR0'AA'70"I7 3� 17 N89'44 ' 23.72' Z N on - 1 If) � W !o N� fN z t w U } z� I'. 72 9 _ 6' Na7GN 89°29'58" W31.1 •,q,are wo 15-046\dlq\Tc s b nmv ez e<e awq 5/7/2015 11 N -'I uI Mm IDAHO WATER EASEMENTS EXHIBIT "C" DRAWING FOR i45fi E.WATERTDWER ST. SURVEY CITY OF MERIDIAN MERIDIAN, ,3° MERIDIAN, IDAH083fi42 TIMBERGROVE SUBDIVISION GROUP, P.C.(208)846-8570 LOCATED M THE SE 1/4 OF SECTION 32, T.4N., RAE., B.M., MERIDIAN, ADA COUNTY, IDAHO JOB NO 15-048 SHEET N0, 2OF2 DWO'DATE 05-07-15 Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: 40 PROJECT NUMBER: ITEM TITLE: Professional Services Agreement Renewal of Professional Services Agreement for Mayor's Anti -Drug Coalition MEETING NOTES I Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: EMAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS PROFESSIONAL SERVICES AGREEMENT FOR MAYOR'S ANTI-DRUG COALITION STRATEGIC PREVENTION FRAMEWORK STATE INCENTIVE GRANT (SPF/SIG) PROGRAM EVALUATION SERVICES IN AN AMOUNT NOT TO EXCEED $9,000 THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this I � day of )c) �V , 2015 ("Effective Date"), and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City"), and Bethany Gadzinski, an individual (Contractor"). WHEREAS, in 2014, City, by and through the Mayor's Anti -Drug Coalition ("MADC"), received a Strategic Prevention Framework State Incentive Grant ("SPF/SIG") ftom the Idaho Office of Drug Policy; WHEREAS, MADC has invested SPF/SIG monies in programs that seek to reduce substance abuse among youth and adults by addressing the factors in our community that increase the risk of substance abuse and promoting the factors that minimize the risk of substance abuse; WHEREAS, the SPF/SIG requires evaluation of the outcomes of such programming, and Contractor is specially trained, experienced, and competent to provide, and has agreed to provide, such evaluation services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: I. TERMS AND CONDITIONS A. Scope of Services. 1. Contractor shall perform and furnish to City, upon execution of this Agreement, services described as attached hereto as Exhibit A. 2. Contractor shall provide services and work under this Agreement consistent with the SPF/SIG requirements and any other applicable standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. Contractor represents and warrants that she will perform her work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. 3. Contractor shall complete three (3) Community Anti -Drug Coalitions of America ("CADCA") training sessions, offered by the Idaho Office of Drug Policy: October 12- 16, 2015 (it is understood that Contractor may not attend on October 16); January 25- 29, 2016; and April 25-29, 2016. B. Consideration. 1. City shall pay Contractor for services rendered in the form of a firm fixed amount, divided into monthly payments, through the completion and delivery of evaluation of PROFESSIONAL SERVICES AGREEMENT—EVALUATION OF MADC PROGRAM PAGE I of 8 SPF/SIG programs and surveys throughout the grant year. The amount paid by City to Contractor under this Agreement shall not exceed nine thousand dollars ($9,000.00). 2. To receive payment, Contractor shall provide a written, itemized invoice to the Meridian Police Department certifying Contractor's delivery of the specified evaluation work. Following verification of such delivery and conformance by the Meridian Police Department, City shall pay Contractor within thirty (30) days of receipt of such invoice. Contractor shall submit the final invoice to City no later than thirty (30) days after the expiration or termination of this Agreement. 3. Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including, but not limited to: meals, lodging, or transportation. Further, without limitation, 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. C. Time of performance. 1. This Agreement shall become effective as of the Effective Date upon execution by both parties, and shall expire on July 31, 2016, unless earlier terminated or mutually extended by separate written agreement. 2. 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. D. Independent contractor. In all matters pertaining to this Agreement, Contractor shall be acting as an independent contractor, and neither Contractor nor any officer, employee or agent of Contractor shall be deemed an employee or agent of City in any manner or for any put -pose. Specifically, without limitation, Contractor understands, acknowledges, and agrees: 1. Contractor is free from actual and potential control by City in the provision of services under this Agreement. 2. Contractor is engaged in an independently established trade, occupation, profession, or business. 3. Contractor has the authority to hire subordinates. 4. Contractor owns and/or will provide all major items of equipment necessary to perform services under this Agreement. 5. Neither Contractor nor City shall be liable to the other for a peremptory termination of the business relationship described under this Agreement. E. Indemnification and insurance. 1. Contractor shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, and/or injury to persons or property and losses and expenses and other costs including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement PROFESSIONAL SERVICES AGREEMENT—EVALUATION OF MADC PROGRAM PAGE 2 of 8 by Contractor and/or Contractor's officers, employs, agents, representatives and/or subcontractors and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property and not caused by or arising out of the tortious conduct of City or its employees. 2. Contractor shall not be required by this Agreement to obtain worker's compensation insurance because she is acting as a sole practitioner; however, should Contractor, in the course of work related to this Agreement, employ any person, Contractor shall notify City and shall obtain Worker's Compensation Insurance in the statutory limits as required by law. C. Notices. Any and all notices, invoices, and/or reports required to be provided by either of the parties hereto, unless otherwise stated in this Agreement, shall be in writing and be deemed communicated when mailed by United States Mail, addressed as follows: Lt. Scott Colaianni Meridian Police Department 1401 E. Watertower Street Meridian, Idaho 83642 Bethany Gadzinski 2633 West Piazza Drive Meridian, Idaho 83642 Either party may change its address for the purpose of this section by giving written notice of such change to the other in the manner herein provided. D. 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. E. Assignment. It is expressly agreed and understood by the parties hereto, that Contractor shall not have the right to assign, transfer, hypothecate, sell, or subcontract any of her rights or obligations under this Agreement except upon the prior express written consent of City. F. Discrimination prohibited. In performing the services required hereunder, 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. G. Reports and information. At such times and in such forms as City may require, there shall be furnished to City such statements, records, reports, data and information as City may request pertaining to matters covered by this Agreement. H. Audits and inspections. At any time during normal business hours and as often as City may deem necessary, there shall be made available to City for examination all of Contractor's records with respect to all matters covered by this Agreement. Contractor shall permit 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. PROFESSIONAL SERVICES AGREEMENT —EVALUATION OF MADC PROGRAM PAGE 3 of 8 I. 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. 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. J. Compliance with laws. In performing the scope of services required hereunder, Contractor shall comply with all applicable laws, ordinances, and codes of federal, state, and local governments. K. Termination: 1. Grounds for termination of this Agreement shall include, but shall not be limited to: a. Any act or omission by Contractor and/or her officers, employees, or agents, by which Contractor fails to fulfill in a timely and proper manner her obligations under this Agreement, violates any of the covenants, agreements, and/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. b. A determination by the Meridian City Council that termination of this Agreement is in the best interest of City. c. An act or omission by either party which breaches any term of this Agreement. d. An act of nature, loss of grant funding, or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party. e. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. 2. Either party may terminate this Agreement by providing written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A seven (7) day 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 mailing of written notice of termination. 3. In the event of any termination of this Agreement for any reason and/or by either party, all finished or unfinished documents, data, and reports prepared by Contractor under this Agreement shall become City's property, and Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder, not to exceed the maximum amount set forth herein. 4. Notwithstanding the above or any other provision of this Agreement, Contractor shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Contractor, and City may withhold any payments to Contractor for the put -poses of set-off until such time as the exact amount of damages due City from Contractor is determined. This provision shall survive the termination of this agreement and shall not relieve Contractor of her liability to City for damages. PROFESSIONAL SERVICES AGREEMENT—EVALUATION OF MADC PROGRAM PAGF. 4 of 8 L. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. M. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its respective attorney and/or has received the opportunity to seek such advice. N. Non -waiver. Failure of either parry 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. O. 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. P. Applicable law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho. Q. Approval required. This Agreement shall not become effective or binding until approved by the governing body of City. CITY OF MERIDIAN: C was✓a Jac°° , j�-_�-�. Tammy It erd, N PROFESSIONAL SERVICES AGREEMENT—EVALUATION OF MADC PROGRAM PAGE 5 of 8 EXHIBIT A SCOPE OF SERVICES E. EVALUATION El. Tool The type of data that will be collected to measure the effectiveness of the strategies and activities of the 12 Month Coalition Action Plan. The project evaluation for MADC is broken down into Coalition Process Evaluation and Program/Objective Outcome Evaluation. Outcome data is collected utilizing already existing surveys/data tools and measures changes in the usage and perception of participants that is consistent with the goals of the project. The environmental scan of existing policies, community attitudes, behaviors, perceptions to identify gaps in the current prevention system in Meridian is completed yearly and will be continually updated to provide current data that MADC can base changes in our yearly action plan on. Coalition Process data is collected utilizing key informant interviews, brief individual telephone interviews/group interviews or written surveys, attendance lists, meeting minutes, and bi-yearly Kaizen assessments. The sole purpose of the project evaluation is to answer two questions: (1) Are the efforts of MADC reducing substance abuse among youth and, over time, among adults and (2) are the efforts of MADC establishing and strengthening collaboration among our communities, private nonprofit agencies, and federal, state, local, and tribal governments to support the efforts of our coalition to prevent and reduce substance abuse among youth Evaluating our Environmental Change Strategies: Environmental change strategies have specific advantages over strategies that focus exclusively on the individual. Because they target a much broader audience, they have the potential to produce widespread changes in behavior at the population -level. When implemented effectively, they can create shifts in both individual attitudes and community norms that can have long-term, substantial effects: a more cost-effective solution. Ideally, the most effective prevention approaches, such as those described in our action plan, are those that include a blend of environmental strategies that align with and reinforce prevention strategies directed at individuals. But evaluating the success of environmental change strategies can be challenging; it requires a shift in thinking—from the individual as the unit of analysis to the population. We have selected the CDC developed CHANGE tool to conduct our evaluation of the environmental change strategies we deploy. Our Process Evaluation: Our process evaluation looks at how well we are developing as a coalition. It helps us determine the degree to which members are actively involved in all aspects of the coalition. Our methods for collecting process data include interviews and bi-annual coalition process assessments utilizing the Kaizen assessment tool. Outcome Evaluation: Our outcome evaluation measures the results of the program's we support, determining whether a program or strategy produced the desired changes it intended to achieve. We utilize the following tools in evaluating program outcomes: ➢ DFC Support Program Evaluation of Core Measures Survey PROFESSIONAL SERVICES AGREEMENT —EVALUATION OF MADC PROGRAM PAGE 6 of 8 ➢ MADC Funded Programs Survey — MADC utilizes the Thorsteinson assessment ➢ MADC Community Assessment— as part of MADC's Drug Free Communities grant, a city level environmental scan is conducted every other year. ➢ IDHS Region 4 assessment —this assessment is conducted by Idaho's Single State Authority each year to determine prevention program funding ➢ Drug Take Back Survey — to be given to persons dropping off their meds. This is a short three question survey asking Is this your first time to use our Drug Take Back program? How did you hear of the Meridian Police Drug Take Back program? And How did you dispose of your unused prescription or medication before this? ➢ Local school incident report data ➢ Local police data How the coalition will measure and analyze the data collected. The evaluation methodology framework will be a Community -Based Participatory model (CBPR). This model was chosen because it fully includes stakeholders. Most methodologies that use stakeholder input have an advisory committee who "blesses" the evaluation. In CBPR, stakeholders actually help design and interpret the evaluation. The CBPR is particularly appropriate for the community coalition movement. Participants in the CBPR are co -collaborators with the professional evaluator. The Kellogg Foundation defines CBPR as a collaborative approach to research that equitably involves all partners in the research process and recognizes the unique strengths that each brings. CBPR begins with a research topic of importance to the community, has the aim of combining knowledge with action and achieving social change to improve health outcomes and eliminate health disparities. Because the Coalition understands we do not have all the experience and capability needed to lead and update a CBPR evaluation for our local needs and coalition process assessment, both the outcome and process evaluation will be led by contracted evaluator Bethany Gadzinski. As the former States Single State Authority Director for Substance Abuse Prevention and Treatment, Ms. Gadzinski has access to a multitude of State, Regional and local data bases. Ms. Gadzinski has been collecting, analyzing and reporting local and State project evaluation data for the past 12 years. Ms. Gadzinski, will collect all data from individual programs. Each program will assign unique identifiers to preserve program participant confidentiality; the identity of program participants cannot be determined by any of the records or notations retained on file. Participation is strictly voluntary. Program participants will always be informed of the propose of the evaluation and will be advised that their participation or lack thereof does not affect program eligibility or participation. When necessary, data collection will be conducted in the native language of the client. In addition, data reports will segregate data by cultural factors including age, gender, sexual orientation, race and ethnicity to address culturally appropriate data collection issues and compare data to the aggregate client population. Data changes will be tracked and reported using an Access data base that can be interfaced with SPSS software. The data will be used at two levels. First, it will be used as a means of evaluating coalition project activities. The data can provide information needed to either focus or redirect activities at the community level. Second, the data will be an additional input for the evaluation team. Members of the team can use the data to more closely evaluate the Meridian community. Additionally, the evaluation team will use the data to refine its assessment of needs and gaps. PROFESSIONAL SERVICES AGREEMENT —EVALUATION OF MADC PROGRAM PAGE 7 of 8 E2. Barriers Describe, citing specific examples, barriers and challenges to data collection and evaluation and your plans to overcome them. Anticipating and handling potential barriers to the success of our evaluation is an important component in the evaluation process. A number of factors may influence the direction and/or success of our evaluation. Listed below are categories of factors that may influence our evaluation. Funding. Funding is typically the barrier most frequently experienced when conducting a comprehensive evaluation of a program. Evaluation requires substantial resources, and program coordinators frequently place higher priority on meeting service needs than on evaluation. Funding agencies contribute to this situation if they require evaluation without specifying the level at which it is to be done or do not allocate adequate resources for both service delivery and evaluation. To overcome this barrier we have requested the maximum amount of local evaluation funding allowed under this grant — 9%. Evaluation expertise. Contracting with an external evaluator requires a greater commitment of program funds but provides access to a higher level of expertise than is likely to be found among program coordinators or staff. To overcome this barrier we have selected to contract with an experienced local evaluator. Interference with program/school activities. There is a concern that the time required for evaluation activities adds to the workload of the person collecting the data and, in the case of the student survey, adds to an already overloaded school year. We plan to overcome this barrier by continuing the long standing dialogue with the school system and using only one, short and concise evaluation tool for prevention programs. PROFESSIONAL SERVICES AGREEMENT—EVALUATION OF MADC PROGRAM PAGE 8 of 8 Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: 4P PROJECT NUMBER: ITEM TITLE: Christmas in Meridian Christmas in Meridian 2015 Sponsorship Agreement Between the Idaho Independent Bank and the City of Meridian for a Not -to -Exceed Amount of $750.00 MEETING NOTES Hal w Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 6ristmas in E]P IDIA CHRISTMAS IN MERIDIAN 2015 SPONSORSHIP AGREEMENT This CHRISTMAS IN MERIDIAN 2015 SPONSORSHIP AGREEMENT ("Agreement") is made on this A dayo�c 1`>� 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 Independent Bank, whose address is 113 East Idaho 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 Christmas in Meridian events. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on July 15, 2015, Sponsor shall prepay to City Seven Hundred and Fifty Dollars ($750.00). 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 Christmas 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 Christmas in Meridian, City shall undertake the promotional and advertising efforts enumerated for sponsors in the Christmas in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. 4. Term. The term of this agreement shall be from the Effective Date through December 31, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 Christmas in Meridian schedule shall include the Winter Lights Parade, Downtown Business Decorating Contest and Children's Winterland Festival events, but cancellation of any or all may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling Christmas in Meridian events and activities related thereto, including any and all related activities by Sponsor. 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 CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 1 of 5 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 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 Christmas 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 CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 2 of 5 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 and event rules. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. Sponsor shall also comply with all written rules and regulations that govern Christmas in Meridian events in which they are participating including but not limited to Winter Lights Parade rules and regulations. 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. CHRI3TMAs IN MERIDIAN SPONSORSHIP AGREEMENT PACE 3 of 5 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: Cassie Fontaine Cassie.fontaine@iibk.net 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: X � iithorized Representative �ignature Please Print Name CITY OF Ll Title f f f i4 ✓`6 Date ATTEST: rJ i o� City of Tammy de er ,Mayor wxo Jaycee ^F SIAL W yr a� Y fR ��6e tPFa5U4� Clerk CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 4 of 5 Exhibit A 2015 CHRISTMAS IN MERIDIAN SPONSORSHIP PACKET Downtown Business Decorating Contest Presenting Sponsorship For $750 you will receive: • Recognition in all media as the Presenting Sponsor of the Downtown Business Decorating Contest. Positioned as "Downtown Business Decorating Contest presented by [Business Name]." • Your logo on all printed and online Downtown Business Decorating Contest materials including posters, contest applications, website articles, etc. Online logos will be linked back to your website. • Your logo and a link to your website in all Christmas in Meridian e-mail blasts sent to our distribution list of over 9,000 e-mail addresses. • Your logo and a link to your website on the Christmas in Meridian event listing on the Meridian Parks and Recreation page on Facebook. • Special recognition from the emcee during the Winter Lights Parade when the winners of the contest are announced. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 5 of 5 Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: 4Q PROJECT NUMBER: ITEM TITLE: Christmas in Meridian Christmas in Meridian 2015 Sponsorship Agreement Between All American Insurance 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 5:hri.S1 mas in ER IDIAN CHRISTMAS IN MERIDIAN 2015 SPONSORSHIP AGREEMENT This CHRISTMAS IN MERIDIAN 2015 SPONSORSHIP AGREEMENT ("Agreement") is made on this a 711lay 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 All American Insurance, whose address is 929 North Main Street, 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: Sponsorship. Throughout the term of this Agreement, Sponsor shall be, and shall be recognized as, a 2015 Sponsor of City's Christmas in Meridian events. The specific sponsor position and benefits insured to Sponsor throughout the term of this Agreement shall be attached hereto as Exhibit A. 2. Payment. By 5:00 p.m. on July 15, 2015, Sponsor shall prepay to City Seven Hundred and Fifty Dollars ($750.00). 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 Christmasin 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 Christmas in Meridian, City shall undertake the promotional and advertising efforts enumerated for sponsors in the Christmas in Meridian 2015 Sponsorship Packet, attached hereto as Exhibit A. 4. Term. The term of this agreement shall be from the Effective Date through December 31, 2015, unless earlier terminated by either party by the method established herein. 5. Cancellation; scheduling. The parties acknowledge that the 2015 Christmas in Meridian schedule shall include the Winter Lights Parade, Downtown Business Decorating Contest and Children's Winterland Festival events, but cancellation of any or all may be necessary due to weather or other conditions or circumstances. City shall have sole responsibility and discretion in scheduling and/or cancelling Christmas in Meridian events and activities related thereto, including any and all related activities by Sponsor. 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 CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 1 of 5 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 two (2) days after such notice is sent to cure the default. If the default is not cared 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 Christmas 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 CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 2 of 5 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 and event rules. Throughout the course of this Agreement, Sponsor shall comply with any and all applicable federal, state, and local laws. Sponsor shall also comply with all written rules and regulations that govern Christmas in Meridian events in which they are participating including but not limited to Winter Lights Parade rules and regulations. 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. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 3 of 5 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: James Fullinwider aaiservice@allamericanins.net 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: Au& rim Representative Signature b Please Print Name CITY WM Title o /Z7 /20 J5 Date CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 4 of 5 Exhibit A 2015 CHRISTMAS IN MERIDIAN SPONSORSHIP PACKET Children's Winterland Festival Presenting Sponsorship For $750 you will receive: • Recognition in all media as the Presenting Sponsor of the Children's Winterland Festival. Positioned as "Children's Winterland Festival presented by [Business Name]." • The opportunity to set up a booth and provide one of the activities for the event. • Your business logo on all printed and online Children's Winterland Festival materials including posters, booth applications, website articles, etc. Online logos will be linked back to your website. • Your logo and a link to your website in all Christmas in Meridian e-mail blasts sent to our distribution list of over 9,000 e-mail addresses. • The opportunity to hang one banner on the welcome table at the event entrance where all participants pick up their bags and drop off their food donation. Banner must be provided by sponsor. • The opportunity to insert one flyer no larger than 8.5"x11" into the bags that each participant receives at the event entrance. Bags are used to hold all the arts and crafts projects, wooden toys, etc the participants will make at the event. • Your logo and a link to your website on the Christmas in Meridian event listing on the Meridian Parks and Recreation page on Facebook. CHRISTMAS IN MERIDIAN SPONSORSHIP AGREEMENT PAGE 5 of 5 Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: 4R PROJECT NUMBER: ITEM TITLE: Resolution ARC/Youth Commission Resolution No. lr �i)l : Authorizing Donation of Filing Cabinets to the ARC and Youth Commission Idaho 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 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 14 FILING CABINETS TO THE ARC OF IDAHO AND 1 FILING CABINET TO YOUTH COMMISSION IDAHO, INC. WHEREAS, it is in the best interest of the City of Meridian to declare that certain filing cabinets as attached in Exhibit "A" as surplus as these particular items 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 filing cabinets 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 14 filing cabinets listed in Exhibit "A" to the ARC of Idaho, a non-profit charitable organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is to promote and protect the human rights of people with intellectual and developmental disabilities and actively supports their full inclusion and participation in the community throughout their lifetimes. WHEREAS, the City of Meridian desires to donate 1 filing cabinet listed in Exhibit "A" to the Youth Commission Idaho, Inc., a non-profit charitable organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is to teach students to reach out to community members and make an impact while showing students how to grow closer to God. This is accomplished primarily through developing strong interpersonal relationships, organizing and planning charitable relief projects, and encouraging students through worship, Bible teaching, and prayer. RESOLUTION AUTHORIZING DONATION OF FILING CABINETS TO THE ARC AND YOUTH COMMISSION IDAHO -Iof2 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 filing cabinets attached hereto as Exhibit "A" are surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of 14 filing cabinets listed in Exhibit "A" for no monetary consideration, to the ARC of Idaho. Section 3. That the Mayor and City Council hereby authorize the conveyance of 1 filing cabinet listed in Exhibit "A" for no monetary consideration to the Youth Commission Idaho, Inc. 2015. 2015. ATTI ADOPTED by the City Council of the City of Meridian, Idaho, this eday of August, APPROVED by the Mayor of the City of Meridian, Idaho, this day of August, APPROVED: Mayor Ta de Weerd RESOLUTION AUTHORIZING DONATION OF FILING CABINETS TO THE ARC AND YOUTH COMMISSION IDAHO -2of2 v LU J 6 O W U) LU W Z O Q N � r_y� O Q J Q U) 0/� (L ry ^W NLL LL Q. m 0 c w a @ 3 m a m c M r 0. 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N ON `O —pa OEamc �.� fl. `o y4 -a m m0 -a mo m�30LQ o > O 0 O a mj m 0- TO.0 d•~cIl v O. �0 �O @ @ y m @ OK d 0 O c Q 0 Clc c y 0 O.E Eo E a3 0.�o0om c N E y C N E 2= C m N y _ _ N J 0. oLLLE mi 33yN 0mOZ N Q c w O U U C L c G 0 0 0- tp a LU M n€ v 000 cLLli a0 anm U) ON C c O Q m �U ❑ 0 W 0 y c 8 Q F -a 0.9 u, :6 i 0 n 0 m to MM1 1'1 Si V a) m 0 2 2 2 2 0- 2 2 O LL LL LL LL LL LL LL LL LL LLL Z U U U U U U U U_ U 0 0 _U `0 > 0 0 0 0 0 0 0 c 3 0 c 3 c 3 c 3 0 0 c 3 0 0 0 0 0 0 0 0 0 o o o 0 0 0 U U U U U U U C U C C C ¢ a a a ¢ ¢ a a > > > ¢ ¢ D c c c c c c c c c c c c c c c CO o o o 0 0 0 0 0 0 0 0 0 0 0 O 0 U c c c c c c c c c c c c c c c Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y C C C C C C C C C C C C C C C LLL Q 0 3 3 3 3 3 U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Q C Y C Y C Y C Y C Y C Y C Y C Y C Y C Y C Y C Y C Y C Y C Y C C C G C C C C C C C C C C C Z N N N U1 N N N N N N N N 0 N U) F U o U U U U U U U U U U U U o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 J Y Y Y Y Y Y Y Y Y Y Y Y L Y Y Y U U U U U U U U U U U U U U U Z N c c c c c c c c c c c c c c c 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C C C C C C C C C C C C C C C Y Y Y Y Y Y Y Y Y Y Y Y Y Y Y C C C C C C C C C C C C C C C a N C C U U L N N N N N N N N N N N N C C C C C a) Z (0 (6 LO N (6 N (6 (6 (0 W N U U U U U 3 U U U 0 U U 3 L0 F- a) a� a a) a)a� 0 0 d -a Lo N N N N N N N N Q N N N N N It �Y �t V' 'd' 'V � t V U 0 0 0 U a0i a0i m a0i 06 aoi 3 3 3 a°7i m as Y Y Y Y Y U Y Y Y -O 'O m m m m m o m m m m o 0 '� a m a m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o p; 0 0 0 0 0 0 0 Z Z Z Z Z � Z zi ZI w m 1 Ln Z Z � Fm O o1�0, Co) I, -m m m m O m OOO O O O O O O O O O O O O O 0 O 0 0 0 O O O Meridian City Council Meeting DATE: Auqust 11, 2015 ITEM NUMBER: Cl t0111XI&i►`lNI I_I :A ITEM TITLE: Resolution Retirement of K9 Resolution No. 1 1;' � DR's : Approving the Retirement of Police Canine Ivan and Approving the Donation of Police Canine to Meridian Police Officer Jeremy Lindley MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. (j~' ) o�c- BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO APPROVE RETIRING MERIDIAN POLICE DEPARTMENT POLICE CANINE "IVAN"; AND TO DECLARE SUBJECT CANINE SURPLUS PROPERTY OF NOMINAL VALUE; AND TO AUTHORIZE THE MAYOR OF THE CITY OF MERIDIAN TO DONATE SUCH PROPERTY BY TRANSFERRING OWNERSHIP OF SUBJECT CANINE "IVAN" TO HIS HANDLER MERIDIAN POLICE DEPARTMENT K-9 OFFICER JEREMY LINDLEY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and City Council have received the recommendation from the Meridian Police Department that police canine "Ivan" is suitable for retirement due to medical issues that no longer allow for his proper and safe use; and WHEREAS, a retired police canine has no saleable value, as it would be unsafe or inappropriate for possession by the general public; and WHEREAS, the City wishes to divest itself of both ownership and vicarious or direct liability for the subject canine; and WHEREAS, it is in the best interest of the City of Meridian to thus declare that police canine "Ivan" as described in the attached Exhibit A is surplus property, with nominal value, no longer needed or to be used by the City of Meridian; and WHEREAS, the City's purchasing policy guidelines for disposing of surplus property of nominal value do not contemplate the standard protocol for disposing of a retiring police canine, that being transferring ownership to the canine's handler if agreeable, or if not, to proceed to locate an officer who has been a K-9 Officer in the past who is willing to assume ownership; and WHEREAS, the Meridian Police Department recommends and supports the donation of a retiring canine to its handler or other experienced K-9 Officer so that the canine who has served as a valuable member of the Department may remain and live out the remainder of its days in suitable surroundings and appropriate companionship; and WHEREAS, Meridian Police Department K-9 Officer Jeremy Lindley is currently "Ivan's" handler and is willing to accept responsibility for the care of "Ivan" and agrees to assume financial responsibility of, and liability for, the dog and to provide a comfortable, humane and caring environment for the remainder of his life; and RESOLUTION TO RETIRE AND TRANSFER OWNERSHIP OF POLICE CANINE "IVAN"- I of 2 WHEREAS, Officer Lindley agrees to accept ownership of "Ivan", as subject canine's present health condition exists without warranty or representation from the City of what that condition is or may become; and WHEREAS, Officer Lindley agrees that the subject canine will not perform any searches or activity related to patrol narcotic -related duties or patrol apprehension -related duties; and WHEREAS, Officer Lindley agrees to release the City from any and all liability that might arise from owning a retired police canine upon transfer of ownership; and WHEREAS, the Mayor and City Council find that the unique and special circumstances surrounding the retirement of a police canine warrant waiver of the City's purchasing policy disposal guidelines for surplus property of nominal value; and WHEREAS, the Mayor and City Council find that transferring "Ivan's" ownership to Officer Lindley is the safe, appropriate, and humane method for disposition of "Ivan" upon his retirement. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Mayor and City Council approve the retirement of Meridian Police Department police canine "Ivan". Section 2. That the Mayor and City Council declare the subject canine to be surplus property of nominal value belonging to the City of Meridian. Section 3. That the City Council authorizes the Mayor to donate by transferring ownership of subject canine "Ivan" to Meridian Police Department K-9 Officer Jeremy Lindley. Section 4. That this resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 6 i day of August, 2015. APPROVED by the Mayor of the Citv of Meridian, Idaho, this I ` day of APPROVED: °cQ ATTEST 3° 9 City of n, E1 .IDIA Mayor Tar m de Weerd SEAI�_ycee(L. holm", City Clerk tir a RESOLUTION TO RE,11RE AND TRANSFF,R ERSHIP.OF LICE CANINE "IVAN"- 2 of 2 MERIDIAN POLICE DEPARTMENT RETIRED POLICE CANINE "IVAN" OWNERSHIP AGREEMENT AND RELEASE OF LIABILITY I, Officer Jeremy Lindley, inconsideration of City of Meridian's having retired police canine "Ivan" (subject canine) on October 21, 2014, and the City having agreed to donate and transfer subject canine's ownership to me based on my having been a K-9 Officer during my law enforcement career, and having also expressed my willingness to assume said ownership, and intending to be now legally bound, do hereby agree that: I am voluntarily agreeing to accept ownership of retired police canine "Ivan". I acknowledge INITIAL that my acceptance of ownership of a retired police canine carries risks, some of which are unknown, and with that knowledge do assume all known and unknown risks and hazards of said ownership. I understand that I am accepting ownership of subject canine as said canine's present health condition IN AL exists without warranty or representation from the City of what that condition is or may become. I agree to accept responsibility for subject canine's complete care including, but not limited to INITIAL providing him a comfortable, humane and caring environment for the remainder of his life. I agree to assume full financial responsibility and liability for subject canine including, but not limited INITIAL to, providing for subject canine's feed, veterinary care, and maintaining all licensure obligations from this date henceforth. I agree that I will not allow subject canine to perform any searches or activity related to patrol narcotic - INITIAL related duties or patrol apprehension -related duties. On behalf of myself, my heirs, executors, administrators, assigns, and personal representatives, I hereby INITIAL release and forever hold City harmless from any and all real or possible losses, claims, actions, judgments for damages, expenses, harm or injury to myself, to other persons, and/or to property incurred in relation to my ownership of subject canine, regardless of the manner by which such claim may be brought. I understand that my approval of this agreement means that I cannot later bring a claim against the INITIAL City, its agents, and/or its employees for any injuries, damages, or losses that subject canine may cause or incur from this date henceforth. I have had time to read and understand all of the above conditions and terms. My signature below INITIAL signifies that I consent to these terms. Date: Signature: Print Name: ASSET TAG # 111327 CITY OF MERIDIAN ASSET INFORMATION FORM DEPARTMENT Police QUANTITY I DESCRIPTION SPECIFIC LOCATION 1I Canine - Ivan Police MODEL MANUFACTURER I SERIAL # VENDOR n/a I n/a n/a ORIGINAL COST ACQUISITION DATE I LIFESPAN $8,000 2/1/2010 8-10 years of age El Add New Asset Upon receipt of anew asset take the time to adhere a tag and complete the "Asset Information Form" and forward to Finance. ® Dispose Asset (please give a brief description of how you disposed of the asset) Donation by transferring ownership of canine "Ivan" to his handier Corporal Jeremy Lindley ® Transfer Asset ❑ Retire Asset ASSET DISPOSAL To dispose of an item complete the "Property Disposal Authorization Request" or "Asset Information Form". Once the form is complete it should be routed as follows: A. Signature and date of Department Director. B. Send to Finance Department for review and signature. C. Finance will route to Mayor for approval. D. Mayor will route form back to Finance. E. Finance will return the approved form to the Department (and Legal, if resolution is required) so they can proceed with Finance DISPOSAL VALUE $ n/a (use your best estimate) PROPERTY DISPOSAL AUTHORIZATION REQUEST Reason for disposal of property: Corporal Lindley is leaving the canine unit and canine Ivan is too old (8.8 years) to viably transfer to a new handler. Condition of asset to be disposed: N/A Approval toApose or Retire an Asset Mayor Approval tdDii/pose or Approved by Council: I Resolution No.: Date Date Note: All Donations must be approved by Council. If the item is on the Fixed Asset Listing or was a Capital Purchase then the disposal will also have to be approved by Council through Resolution. Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Streetscape Sublease Streetscape Sublicense Agreement with Meridian Development Corporation for placement of Kiosk at E. Idaho Street and 2nd Street MEETING NOTES g Uq 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 STREETSCAPE SUBLICENSE AGREEMENT WITH MERIDIAN DEVELOPMENT CORPORATION This STREETSCAPE SUBLICENSE AGREEMENT ("Sublicense Agreement") is made and entered into this 1 k day of (� o� v Sr 2015 ("Effective Date"), by and between the Meridian Development Corporation, an urban renewal agency organized under the laws of the State of Idaho (hereinafter "Sublicensee"), and the City of Meridian, a municipal corporation organized under the laws of the State of Idaho ("City") (collectively, "Parties"). WHEREAS, on August 7, 2012, City and the Ada County Highway District ("ACHD") entered into a Master License Agreement for Regulation and Maintenance of Sidewalk Facilities in the Meridian City Core ("ACHD Master Agreement"), by which agreement ACHD granted to City a limited license to regulate and control the size, placement, operation, and maintenance of movable and non-movable structures and objects upon ACHD sidewalks in the Meridian City Core, any area bordered on the north by E. Carlton Avenue, on the south by E. Ada Street, on the west by N. Meridian Road, and on the east by N. East Third Street; WHEREAS, pursuant to the authority granted by the ACHD Master Agreement, City has adopted, as part of the Meridian City Code, regulations and standards for encroachments placed on sidewalks in the City Core, including the requirement that encroachments placed in the street furnishing zone first obtain a City of Meridian Streetscape Sublicense; WHEREAS, MDC wishes to place a kiosk in the street furnishing zone at the southeast corner of E. Idaho Street and 2nd Street, as depicted in Exhibit A hereto; WHEREAS, the City Council of the City of Meridian hereby finds that entering into this Sublicense Agreement with MDC will protect the public safety and downtown Meridian's charm, character, and unique atmosphere; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, Sublicensee and City agree as follows: 1. Nature of Sublicense. Pursuant to the terms, conditions and limitations of this Sublicense Agreement, City hereby grants to Sublicensee an exclusive license to utilize a portion of the street furnishing zone portion of the sidewalk at the southeast corner of E. Idaho Street and 2nd Street, for the purpose of installing a four-sided, free-standing informational kiosk, attached to the sidewalk by four (4) bolts on the inside of the steel frame, as depicted in Exhibit A hereto ("Improvement"). 2. Term of Sublicense. This license will commence on the Effective Date, and will continue until terminated by City or by Sublicensee. CITY OF MERIDIAN STREETSCAPE SUBLICENSE AGREEMENT PAGE I 3. Incorporation of ACHD Master Agreement. The terms and conditions of the ACRD Master Agreement, and all addenda thereto, are incorporated herein by reference, as though set forth in this Sublicense Agreement in their entirety. 4. Incorporation of City Improvement Standards and Code. The applicable provisions of the City of Meridian Improvement Standards, and of Meridian City Code, including, without limitation, Meridian City Code section 8-1-4, regarding requirements for encroachments in the street furnishing zone, or any future iteration thereof, are incorporated herein by reference, as though set forth in this Sublicense Agreement in their entirety. Ownership. Sublicensee shall maintain ownership of the Improvement throughout the term of this Agreement. Installation. Any and all costs associated with the installation of Improvement shall be borne by Sublicensee, at no cost to City. Any and all costs and expenses associated with any construction or installation of Improvement thereon, shall be at the sole cost and expense of Sublicensee. If the sidewalk is damaged as a result of the installation of the Improvement, Sublicensee shall correct such deficiency and restore the sidewalk to the same condition it was in prior thereto, at Sublicensee's sole cost and expense. If Sublicensee shall fail or neglect to commence such correction and restoration within seven (7) days of notification thereof, City may proceed to do so, in which event Sublicensee agrees to reimburse City for the costs and expenses thereof. Notwithstanding the provisions of this paragraph, should an emergency exist, related to the Sublicensee's activity or the condition of the Improvement, which threatens the stability or function of the sidewalk or public safety, City shall have the right to immediately perform any necessary emergency repairs on Sublicensee's behalf and at Sublicensee's sole expense. Maintenance. At Sublicensee's sole cost and expense, Sublicensee shall maintain the Improvement in good condition and repair and as required to comply with applicable laws, City policies, and sound engineering practices. Any and all costs associated with the maintenance of Improvement shall be borne by Sublicensee, at no cost to City. Any and all costs and expenses associated with the repair and maintenance of the sidewalk, or the restoration of the sidewalk and surrounding area at the termination of this Agreement, shall be at the sole cost and expense of Sublicensee. If the sidewalk is damaged by the performance by Sublicensee of maintenance, or by the failure or neglect to perform such maintenance, regardless of cause, Sublicensee shall correct such deficiency and restore the sidewalk to the same condition it was in prior thereto, at Sublicensee's sole cost and expense. If Sublicensee shall fail or neglect to commence such correction and restoration within seven (7) days of notification thereof, City may proceed to do so, in which event Sublicensee shall reimburse City for the costs and expenses thereof. Notwithstanding the provisions of this paragraph, should an emergency exist, related to the condition of the Improvement, which threatens the stability or function of the sidewalk or public safety, City shall have the right to immediately perform any necessary emergency maintenance or repairs on Sublicensee's behalf and at Sublicensee's sole expense. CITY OF MERIDIAN STREET SCAPE SUBLICENSE AGREEMENT PAGE 2 8. Termination. Following termination, the City Attorney's Office shall notify Sublicensee of such termination in writing, and shall mail such notice to Sublicensee at the mailing address set forth herein. Termination of this Sublicense Agreement shall constitute revocation of the sublicense granted hereunder. Such termination and revocation shall be effective immediately upon mailing to Sublicensee. a. Termination by City. Cause for termination by City shall include: I Any term or condition of the Sublicense Agreement or any standard or provision of law is violated and Sublicensee fails or refuses to cure such breach or default within ten (10) days of written notice thereof; 2) It is found, after issuance, that the sublicense was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor; 3) The Improvement, its placement, or any component thereof varies materially from the agreed-upon site plan or other representation; 4) The Improvement is found to be inconsistent with City's obligations under the ACHD Master Agreement or other ACHD requirement; 5) Termination is in the best interest of City. b. Termination by Sublicensee. Sublicensee may terminate this Sublicense Agreement upon thirty (30) days' written notice to City of termination. In the event of termination of this Agreement, Sublicensee shall remove the Improvement and restore the sidewalk to good, safe condition, as determined by City, at Sublicensee's sole expense, by the date of termination or such later date as established by City. If Sublicensee shall fail or neglect to timely commence such restoration, City may proceed to do so, in which event Sublicensee shall reimburse City for the costs and expenses thereof. Sublicensee shall be liable for any damages and any costs, including legal expenses and attorneys' fees, incurred by City in recovering and restoring the sidewalk to good, safe condition following Sublicensee's termination. This provision shall survive the termination of this Agreement. 9. Acceptance as is. Sublicensee acknowledges that Sublicensee has inspected the sidewalk where the Improvement is to be installed and does hereby accept same as being in good and satisfactory order, condition, and repair. It is understood and agreed that City makes no warranty or promise as to the condition, safety, usefulness or habitability of the sidewalk, and Sublicensee accepts the sidewalk "as is." By granting this license, City does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to operation or modification of the sidewalk. 10. Assignment. It is expressly agreed and understood by and between the parties hereto, that Sublicensee will not have the right to assign, transfer, hypothecate or sell any of its rights under this Sublicense Agreement. CITY OF MERIDIAN STREETSCAPE SUBLICENSE AGREEMENT PAGE 3 11. Hold harmless. For purposes of or in furtherance of this Agreement, each party and each of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, shall save and hold harmless the other party from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by either party or any employee, agent, contractor, official, officer, servant, guest, and/or invitee thereof. 12. Insurance. Sublicensee shall maintain, and specifically agrees that Sublicensee will maintain, throughout the term of this Agreement, liability insurance in the minimum amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. 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, Sublicensee covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. Sublicensee shall provide City with a certificate of insurance or other proof of insurance evidencing Sublicensee's compliance with the requirements of this paragraph. In the event the insurance minimums are changed, Sublicensee shall immediately submit proof of compliance with the changed limits. 13. Attorneys' Fees. Sublicensee shall be liable to City for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by City in the enforcement of any of the terms, covenants or conditions of this Agreement. 14. Transfer of license. If City should lose the right to sublicense the sidewalk to which the Improvement is affixed, this Agreement shall be voidable upon transfer of license, at ACHD's option. As may be practicable under the circumstances, City shall provide written notice to ACIID of the existence of this Sublicense Agreement. 15. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: If to Sublicensee: Meridian Development Corporation C/O Borton-Lakey Law Offices 141 E. Carlton Ave. Meridian, Idaho 83642 If to City: City of Meridian 33 E. Broadway Avenue Meridian, Idaho 83642 Notices shall be in writing and either personally delivered or sent by registered or certified U.S. mail, postage prepaid, return receipt requested to the party to be notified at the address specified above, or such other address as either party may designate in writing. Notice shall be deemed to have been given upon deposit in the U.S. mail, or upon personal delivery to the parry above specified. 16. No waiver. Either Party's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall CITY OF MERIDIAN STREETSCAPE SUBLICENSE AGREEMENT PAGE 4 such waiver operate to prejudice, waive, or affect any right or remedy that Party may have under this Agreement with respect to such subsequent default or breach by the defaulting Party. 17. Exhibits. All exhibits attached hereto and the recitals contained herein are incorporated herein as if set forth in full herein. IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the day, month and year first set forth above. ME DEVELOPMENT CORPORATION: C Im Escobar, Chairman Dave 1W Tammy of SEAL Alfie TAE ASUT' Attest: CITY OF MERIDIAN STREETSCAPE SUBLICENSE AGREEMENT PACE 5 Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: 4U PROJECT NUMBER: ITEM TITLE: Approval of Task Order Bellano Creek Park Approval of Task Order 10518.a to Jensen Belts Associates for the "Bellano Creek Park - Design" Project for a Not -To -Exceed Amount of $52,598.00 MEETING NOTES """N 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, Mike Barton Date: 08/04/2015 Re: August 11'" City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 11'" City Council Consent Agenda for Council's consideration. Recommended Council Action: Award of Task Order 10518.a to Jensen Betts Associates for the Not -To -Exceed amount of $52,598.00. Thank you for your consideration. 0 Page 1 Date: 7/28/2015 CONTRACT / AGENDA CHECKLIST REQUESTING DEPARTMENT Fund: 7 Department: 5200 GL Account: Construction: Task Order S Project Name: Project Manager: Mike Barton Contractor/Consultant/Design Engineer: Budget Available (Attach Report): yes Will the project cross fiscal years? Yes x PSA Equipment Bellano Creek Park - [ IT Parks Project # 10518.a Department Representative: Jensen Belts Contract Amount: $52,598.00 Budget Information: FY Budget: FY15 Enhancement #: 8 Grant #: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder Highest Rated Master Agreement x (Bid Results Attached) (Ratings Attached) (Category) 13a Typical Award Yes No If no please state circumstances and conclusion: Debarment Status (Grant/Federal Funded Projects Only) na (Type in date verified and the status) Date Award Posted: na 10 day protest period: na PW License # na Expiration Date na Corporation Status Existing Insurance Certificates Received (Date): May 29, 2015 Expiration Date: January 1, 2016 Rating: A Payment and Performance Bonds Received (Date): na Rating: na Builders Risk Ins. Req'd: Yes na No na If yes, has policy been purchased? na (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: August 4, 2015 Approval Date By: Purchase Order No.: Date Issued: WI -15 submitted '.. (Only for PW Construction Projects) NTP Date: (Only for non Public Works Project) TASK ORDER NO. 10518.a Pursuant to the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND JENSEN-BELTS ASSOCIATES, PLLC (ENGINEER) This Task Order is made this 11 th day of August. 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", and accepted by (JENSEN-BELTS ASSOCIATES. PLLQ, hereinafter referred to as "Engineer" pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (Category 13) between the above mentioned parties dated October 1, 2014. The Project Name for this Task Order 10518.a is as follows: CITY OF MERIDIAN BELLANO CREEK PARK - DESIGN PROJECT UNDERSTANDING Jensen Belts Associates is pleased to respond with this proposal for the landscape architectural services for the Bellano Creek Neighborhood Park. This proposal considers that Jensen Belts Associates (JBA) and the design team will provide the City of Meridian Parks and Recreation Department with the scope of services as listed below. Insight Architects and Erickson Civil will serve as sub -consultants under JBA for all Architectural and Civil Engineering Requirements. Throughout the design process, Jensen -Belts Associates (JBA) will provide project lead and coordinate with the City of Meridian and the design team to provide a design appropriate to the project site. SCOPE OF WORK Project Description: The City of Meridian Parks and Recreation will be developing a Neighborhood Park in the Bellano Creek subdivision near Ten Mile and Ustick Road. Coleman Homes has donated a total of 9 acres for this park consisting of 5 flat and developable acres and 4 acres along Five Mile Creek. The City envisions a 10-20 car parking lot, restroom building, playground, picnic shelter, open play field, pathways and other amenities to be determined in the future. Task Order 10518.a Bellano Creek Park - Design Page 1 of 5 Jensen -Bells Associates, PLLC Based on the conceptual plan developed with the Meridian Parks & Recreation Department and Coleman Homes; Jensen Belts Associates (JBA) shall prepare Design Development level drawings that depict all improvements expected to occur. Revisions to the plans are anticipated as we receive input in programming meetings with Meridian Parks & Recreation staff, Coleman Homes, The Meridian Parks and Recreation Commission and the Meridian City Council. JBA will prepare a Statement of Probable Cost based on the final Design Development level drawings. Task 2: Public Meetings JBA shall attend and support Parks & Recreation staff in presenting the design and gathering input at public meetings. JBA shall attend 3 public meetings and provide graphic presentation style site renderings. Task 3: Construction Documents and Probable Cost • Task 3.1: Topographic Survey — Erickson Civil shall have a topographic survey of the +/- 9 acre site prepared. The survey will document the elevations of the existing ground, existing improvements, fence lines, driveways, landscape areas, curb & gutter and other planimetric features necessary for design and mapping. In addition, we will exhibit the property boundary based on information of public record and property monuments found during the course of the field survey. • Task 3.2: Construction Documents - JBA will provide construction documents as follows: Grading, Drainage and Utilities Plan — Erickson Civil will prepare site grading and drainage construction plans in accordance with current industry standards and local agency requirements. The drainage system shall be designed to retain all storm water on site. Water utilities will be extended from the street to a meter and on to the restroom and proposed drinking fountain. All design work and construction drawings will consider connections to the future phases of improvements. Erickson Civil shall coordinate with ID Power to bring electrical service to the site. 2. Site Layout Plan — JBA will provide the final site drawings which indicate the required final location, sizing and layout of all site elements. JBA and the design team will provide necessary construction details demonstrating the required construction of site elements specified. 3. Structures — Insight Architects will provide architectural, structural, electrical and mechanical drawing for a Men's/Women's single occupancy restroom building. JBA will provide engineering for a 20x20 picnic shelter. 4. Specifications - JBA and the design team shall provide all required technical specifications for civil, landscape and irrigation improvements. Task Order 10518.a Bellano Creek Park - Design Page 2 of 5 Jensen -Belts Associates, PLLC 5. Landscape Design — JBA will provide design and drawings for specific plant material, layout, plant sizes and details. 6. Playground Design - JBA will provide design and drawings for the playground design and play equipment, plus one additional sport amenity (i.e Basketball Court, Volleyball Court, etc. To be determined). 7. Site Furnishings - JBA will provide design and drawings for all site furnishings including site locations and manufacturers details. 8. Irrigation Design — JBA will provide irrigation design for landscape areas on the site. The irrigation design will include pumping system and controls and a connection to the City's pressurized reclaimed water system. 9. Progress Submittals —JBA will provide plan sets and specs to the Owner for all required progress submittals and agency submittal. We will address any agency and owner comments received. • Task 3.3: Statement of Probable Cost — JBA and the design team will prepare a Statement of Probable Cost based on the Construction Document level drawings. Task 3.4: ACHD Approval and License Agreement — Erickson Civil will submit construction documents for the proposed pathway connection at Ten Mile Road and the approach at the interior local street to ACHD for approval and respond to any comments received. Erickson Civil will prepare and submit all required documents for an ACHD License agreement for any improvements within the Right of Way associated with this project. Task 3.5: SWPPP Documents — Erickson Civil will provide an Erosion and Sediment Control Plan and Narrative per local agency requirements. This work does not include filing the Notice of Intent or on-site inspections of the erosion control. Task 3.6: Pathway — Erickson Civil will work thru floodplain concerns and provide appropriate consultation to gain all necessary agency approval. • Task 3.7: NMID —Erickson Civil will work to gain NMID approval and license agreement to allow the pathway and landscape improvements planned in the right of way. Task 4: Bidding Scope of Work JBA shall prepare a written scope of work for inclusion in the bid documents. Task Order 10518.a Bellano Creek Park - Design Page 3 of 5 Jensen -Belts Associates, PLLC Reimbursable Expenses Reimbursable expenses are per the terms of the Master Agreement and shall not exceed $500 without prior approval from the Owner. ASSUMPTIONS JBA provides other professional services in addition to those described above. Unless described above and specifically included in this proposal, services including but not limited to the following are not included in the proposed fee and shall be charged as Additional Services if required: 1. Project applications and agency permit/review fees. 2. Street frontage construction documents for Ustick Road. 3. 3D Site Modeling and Renderings. 4. Geotechnical Soils Report or Materials Testing. 5. Retaining wall design for walls greater than 3' height. 6. Park Lighting. 7. Park Signage. 8. Wetland and Riparian Delineations. 9. Construction Survey Staking. 10. Bid advertising and/or contracting. 11. Construction Administration fees. The following, if needed, are not included in the design team fee and will be billed as reimbursable costs: 1. Geotechnical Services 2. NMID Attorney Retainer 3. NMID Land Use Change Application Fee 4. CZC/Building Permit Fee KEY PERSONNEL Kim Siegenthaler, Principal-in-Charge/Project Manager Mrs. Siegenthaler will perform the administrative function including all program, policy and contractual issues. She will also be responsible for coordination during design phase and oversee all Design and Documentation. CONTACT Kim Siegenthaler Jensen Belts Associates 495 Main Street Boise, ID 83702 Phone: 343-7175 ex 5 Fax: 343-7178 E-mail: kim@jensenbelts.com The following schedule is based on a Notice to Proceed (NTP) from the City by August 2015 and resulting in Final Design being completed by March 2016. A NTP issued on a different date will change the schedule accordingly. Task Order 10518.a Bellano Creek Park - Design Page 4 of 5 Jensen -Belts Associates, PLLC The Not -To -Exceed amount to complete all services listed above for this Task Order No, 10518.a is fifty two thousand five hundred ninety eight dollars ($52,598.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. Monthly invoices shall be billed as a percentage of work completed. Any and all travel will only be reimbursed if pre -approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager, and accompanied by an itemized receipt. Any travel and/or reimbursables paid will be paid as part of the Not -To - Exceed Task Order Total per the Compensation and Completion Schedule above. CITY OF MERIDIAN-- B ERIDIAN BY _ _ ,. TAAMMY de Wdo W��, MAYOR Dated: /I// / S Approved by City of JENSEN-BELTS ASSOCIATES, PLLC BY:A—V34t17�GKIMR, 'ncipal Dated: JAYCEE L._HOLMAN-,CITYCL �K onxo SEn r W ryr ,pV Purchasing Approval f�°' nP TK101W no BY: KEIT ATTS, Purchasing Manager City Project Manager Mike Barton Approval STEVE SIDDOW/AY, Parks & Rec Direct Dated:d"` Task Order 10518.a Bellano Creek Park - Design Page 5 of 5 Jensen -Belts Associates, PLLC ` COMPENSATION AND COMPLETION SCHEDULE Task Description Due Date Compensation 1 ' Design Develo (hent - October 2015 $14,434 2 Public Meetings • TBD $3,245 3 Construction Documents • March 2016 $28,170 4 Bidding Assistance • TBD $6,249 Misc • TBD $500 TASK ORDER TOTAL $$52,598 The Not -To -Exceed amount to complete all services listed above for this Task Order No, 10518.a is fifty two thousand five hundred ninety eight dollars ($52,598.00). No compensation will be paid over the Not -to -Exceed amount without prior written approval by the City in the form of a Change Order. Monthly invoices shall be billed as a percentage of work completed. Any and all travel will only be reimbursed if pre -approved by the Project Manager, and only per the City of Meridian Travel Policy. Reimbursable expenses will be paid at cost and only if pre -approved by the Project Manager, and accompanied by an itemized receipt. Any travel and/or reimbursables paid will be paid as part of the Not -To - Exceed Task Order Total per the Compensation and Completion Schedule above. CITY OF MERIDIAN-- B ERIDIAN BY _ _ ,. TAAMMY de Wdo W��, MAYOR Dated: /I// / S Approved by City of JENSEN-BELTS ASSOCIATES, PLLC BY:A—V34t17�GKIMR, 'ncipal Dated: JAYCEE L._HOLMAN-,CITYCL �K onxo SEn r W ryr ,pV Purchasing Approval f�°' nP TK101W no BY: KEIT ATTS, Purchasing Manager City Project Manager Mike Barton Approval STEVE SIDDOW/AY, Parks & Rec Direct Dated:d"` Task Order 10518.a Bellano Creek Park - Design Page 5 of 5 Jensen -Belts Associates, PLLC 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 JENSEN-BELTS ASSOCIATES PLLC ] [ Monitor JENSEN-BELTS ASSOCIATES. PLLC business filings ] JENSEN-BELTS ASSOCIATES, PLLC 495 MAIN ST BOISE, ID 83702 Type of Business: LIMITED LIABILITY COMPANY Status: EXISTING State of Origin: IDAHO Date of 09 Aug 2001 Origination/Authorization: Current Registered Agent: KIMBERLY SIEGENTHALER 495 MAIN ST BOISE, ID 83702 File Number: W16169 Date of Last Annual Report: 08 Jul 2015 Annual Report Due: Aug 2016 Original Filing: Filed 09 Aug 2001 ARTICLES OF ORGANIZATION Amendment Filed 06 Jul 2004 NAME CHANGED TOJENSON- BELTS ASSOCIATES, PLLC [ Helo Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format) [ Help Me Print/View TIFF ] View Image (PDF format) View Image (TIFF format) Amendment Filed 14 Jul 2004 NAME CHANGED View Image (PDF format) TO JENSEN-BELTS View Image (TIFF format) ASSOCIATES, PLLC Annual Reports: Report for year 2015 ANNUAL REPOR Report for year 2014 ANNUAL REPORT Report for year 2013 ANNUAL REPORT Report for year 2012 CHNG RA/RO Report for year 2012 ANNUAL REPORT [ Help Me Print/View TIFF ] T View Document Online View Document Online View Document Online View Image (PDF format) View Image (TIFF format) View Document Online http://www.accessidaho.org/public/sos/corp/W16169.html 7/28/2015 IDSOS Viewing Business Entity Page 2 of 2 Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Report for year 2003 ANNUAL REPORT Report for year 2002 ANNUAL REPORT Idaho Secretary of State's Main Page View Image (PDF format,) View Image (TIFF formatl View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos.idaho.gov http://www.accessidaho.org/public/sos/corp/Wl6169.htm1 7/28/2015 to .N da oW d� H 0 0 o O y � O O O O O O O O O .C{ m m m m U N C N N H N mrom U vw a" a to 0 0 o o H m m m m m o 0 o o C m m m m � m m m m N m m m m FC to 0 0 o o H o 0 o f o N o 0 o o H m m m m � m m m m H ro u w o A E FC U to N N t0 1p m m m m u C m m m m 3 N m m m m E m m m m a E ro u w o A E FC W to N W A x m H m w w x H U N O b H H G q° m u w w] y w E w W a E ro u w o A E Meridian City Council Meeting DATE: Auqust 11, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid J2 Construction Approval of Award of Bid and Agreement to J2 CONSTRUCTION for the "IDAHO AVENUE SIDEWALK IMPROVEMENT" Project for a Not -To -Exceed Amount of $59,162.00. This project is funded by a Community Development Block Grant MEETING NOTES 6 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS T - • To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Jay Gibbons Date: 08/04/2015 Re: August 11th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 11th City Council Consent Agenda for Council's consideration. Approval of Award of Bid and Agreement to J2 CONSTRUCTION the "IDAHO AVENUE SIDEWALK IMPROVEMENT" proiect for a Not -To -Exceed amount of $59,162.00. This project is funded by a Community Development Block Grant C( DBG). Recommended Council Action: Award of Bid and Approval of Agreement to J2 Construction for the Not -To -Exceed amount of $59,162.00. Thank you for your consideration. 0 Page 1 Date: 5/13/2015 Fund: 20 Department: Construction: x Project Name: Project Manager: k Contractor/Consultant/Design Engineer Budget Available (Attach Report): Will the project cross fiscal years? CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT Parks 1840 GL Account: PSA: Idaho Avenue Sidewalk 85000 Project # Task Order: Gibbons Department Representative: 12 Construction // Civil Survey - Design Yes Contract Amount: $59,162.00 Yes x No 6003.57 Budget Information: EY Budget: Enhancement #: Grant #: CDBG Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated Master Agreement (Bid Results Attached) yes (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: Not on debarment list. Check 7-28-2015 10 Day Waiting Period Complete: PW License# C-021829 Corporation Status August 7, 2015 Date Award Posted: Current? (attach print out) yes Current Insurance Certificates Received (Date): Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes na No na (Only applicabale for projects above $1,000,000) 2015 Rating: A+ July 31, 2015 Rating: A If yes, has policy been purchased? na Date Submitted to Clerk for Agenda: August 4, 2015 Approved by Council Issue Purchase Order No. Date Issued: WH5 submitted Issue Notice of Award: Date: NTP Date: (Only for non Public Works Project) 27, 2015 CONTRACT FOR PUBLIC WORKS CONSTRUCTION IDAHO AVENUE SIDEWALK IMPROVEMENTS PROJECT # 6003.57 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 11 th day of August, 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 J2 Construction, hereinafter referred to as "CONTRACTOR", whose business address is 3742 W. Park Creek Dr., Meridian, ID 83642 and whose Public Works Contractor License # is C- 021829 -C-2-3. INTRODUCTION Whereas, the City has a need for services involving IDAHO AVENUE SIDEWALK IMPROVEMENTS; 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 Contract 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 Exhibit "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, Idaho Avenue Sidewalk Improvements page 1 of 13 Project 6003.57 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 under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit B "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $59.261.00. 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 Per the requirements of the CDBG Grant weekly certified payroll reports shall be submitted to the City of Meridian. 2.4 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 Exhibit A. Idaho Avenue Sidewalk Improvements page 2 of 13 Project 6003.57 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 Exhibit 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. 4. Liquidated Damages: Substantial Completion shall be accomplished within 75 (seventy five) 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 $300.00 (three 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 90 (ninety days) 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 $300.00 (three 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 in the Payment Schedule for Substantial Completion. 5. Termination: 5.1 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 Idaho Avenue Sidewalk Improvements page 3 of 13 Project 6003.57 entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 5.2 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. 6. CDBG Grant Requirements: This project is being funded by a Community Development Block Grant. The Davis - Bacon Act applies to this project and it is the responsibility of the Contractor to comply in all aspects of the law. This contract, will be subject to HUD -4010 Federal Labor Standards Provisions attached hereto as "Attachment C" and made a part hereof. Paragraph 2 on page 2 of 5 of HUD -4010 states that the City may withhold payment to Contractor for failure to pay wages when due. Davis -Bacon requires wages to be paid not less often than once a week. All subcontractors and any lower tier subcontractors are subject to the same Davis -Bacon Wage requirements as the general contractor. 7. Independent Contractor: 7.1 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 Exhibit 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. 7.2 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. 7.3 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. Idaho Avenue Sidewalk Improvements page 4 of 13 Project 6003.57 8. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled for work under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 10. Indemnification and Insurance: 10.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers 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 specifically agrees that it will maintain, throuahout the term of this Agreement, liability 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 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. Idaho Avenue Sidewalk Improvements page 5 of 13 Project 6003.57 10.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 10.3 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. 10.4 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. 10.5 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. 10.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 10.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 11. 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. 12. 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. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. Idaho Avenue Sidewalk Improvements page 6 of 13 Project 6003.57 13. 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 ISPW C and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 14. 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. 15. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. 16. 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=13618. 17. ACRD: 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. Idaho Avenue Sidewalk Improvements page 7 of 13 Project 6003.57 18. Reports and Information: 18.1 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. 18.2 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. 19. 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. 20. 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. 21. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. 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. Idaho Avenue Sidewalk Improvements page 8 of 13 Project 6003.57 22. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 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. 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. 25. 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. 26. 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. 27. 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. 28. 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. Idaho Avenue Sidewalk Improvements page 9 of 13 Project 6003.57 29. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software, if requested by the Project Manager. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 30. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 31. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 32. 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. 33. 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. 34. 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 J2 Construction Purchasing Manager Attn: Duane Spooner 33 E Broadway Ave 3742 W. Park Creek Dr Meridian, ID 83642 Meridian, ID 83642 208-489-0417 Phone: 208-401-4731 Email: 12construction1218@grnail.corn Idaho Public Works License #C -021829-C-2-3 Idaho Avenue Sidewalk Improvements page 10 of 13 Project 6003.57 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. 35. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY M€RFDIAN TAMMY de D, MAYOR J2 CON STR CTION If BY: DUAN POONER Dated:�dl /S Dated: Approved by Council:- 4, g p4�Tnnnuo�s "` y=G rsow Aft�'LL/+Cityd �1 ySEAL (�P,�i�.J y Purchasing Approval yrFe rns*s Q Ar BY: / KEIT ATS, Pu acing Manager Dated:: Project Manager Jay Gibbons Approval BY:ttd: STEVE SID OWAY, Parks & Rec Director Dated:: g1,5" F Idaho Avenue Sidewalk Improvements page 11 of 13 Project 6003.57 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID PKS-15-6003.57 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # PIKS-1 5-6003.57, are by this reference made a part hereof. SPECIFICATIONS / SCOPE OF WORK All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). See separate attached documents: • PLANS NAME BY Civil Survey Consultants dated April 14, 2015 (6 pages) • SPECIAL PROVISIONS by Civil Survey Consultants dated March 10, 2015 (18 pages) Idaho Avenue Sidewalk Improvements page 12 of 13 Project 6003.57 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $59,261.00. Idaho Avenue Sidewalk Improvements page 13 of 13 Project 6003.57 MILESTONE DATES/SCHEDULE Milestone 1 Substantial Completion 75 Days from Notice to Proceed Milestone 2 Final Completion 90 Days from Notice to Proceed PRICING SCHEDULE Contract includes furnishing all labor, materials, equipment, and incidentals as required for the IDAHO AVENUE SIDEWALK IMPROVEMENTS per IFB PKS-15-6003.57 CONTRACT TOTAL ....................... 61. 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. Contract Pricing Schedule Item No. Description Quantity Unit Unit Price 201.4.1.C.1 Removal of obstructions 1 LS $4,500.00 307.4.1.E.1 Type c surface restoration 67 Sy $17.50 307.4.1.G.1 Type p surface restoration 110 Sy $31.50 706.4.1.A.1 Standard 3" rolled curb and gutter 24 LF $40.00 706.4.1.E.1 Concrete sidewalk, 5" thickness 779 Sy $44.00 706.4.1.G.1 Concrete repair 33 Sy $55.00 706.4.1.1-1.1 Ada pedestrian ramp with Detectable warning domes 1 EA $1,400.00 1001.4.2.A.1 Staging area 1 EA $500.00 1006.4.1.C.1 Inlet protection 15 EA $50.00 1103.4.1.A.1 Traffic control 1 LS $2,500.00 2010.4.1.A.1 Mobilization 1 LS $5,000.00 SP -1 Lawn sod restoration 1918 SF $1.25 SP -2 Adjust water meter to grade 3 EA $75.00 SP -3 Replace water meter lid 2 EA $150.00 Idaho Avenue Sidewalk Improvements page 13 of 13 Project 6003.57 a J W w z z O 0 m sgnS # Oil PU0B PIs POUBIS w O O W Ifl11��Rn 10AAI 11111 i' IDSOS Viewing Business Entity Page 1 of 1 IDAHO SECRETARY OF STATE y Tits Viewing Business Entity z_- Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Monitor 32 CONSTRUCTION business filings ] 32 CONSTRUCTION 3742 W PARK CREEK DR MERIDIAN, ID 83642 Type of Business: ASSUMED BUSINESS NAME Status: CURRENT State of Origin: IDAHO Date of 18 Dec 2014 Origination/Authorization: File Number: D175579 [ Help Me Print/View TIFF ] Filed 18 Dec 2014 ORIGINAL View Image (PDF format)_ View FILING Image (TIFF format) Idaho Secretary of State's Main Page State of Idaho Home Paqe Comments, questions or suggestions can be emailed to: sosinfo(a)sos.idaho.gov http://www.accessidalio.org/public/sos/corp/D 175579.html 7/27/2015 JUL 3 1 2015 #AIA Document A312 TM .201 0 FINANCE DEPT Performance Bond CONTRACTOR: (Name, legal status and address) Duane Spooner dba J2 Construction 3742 W Park Creek Drive Meridian, Idaho 83642 OWNER: (Name, legal status and address) City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: August 11, 2015 Amount: $59,261.00 SURETY: (Name, legal status and princtpal place n Of business) A Developers Surety and Indemnity Company Five Centerpointe, Suite 530 Lake Oswego, Oreqon 97035 Description: (Name and location) Idaho Ave Sidewalk Improvements Project 6003.57 BOND Date: August 11, 2015 (Not earlier than Construction Contract Date) Amount: $59,261.00 Modifications to this Bond: 0 None 0 See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Duane Spooner d a J2 Construction Developers Surety and InclemmV Company Signature: Signature:r, Name prMlhGspoony' --- mo J Na - t K Holth us, Attorney -in -Fact and Title: ne and Title: (Any additional signaa%rer appear on the last page of this Performance Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Allied Bonding (Architect, Engineer or other party:) 5605 Overland Rd. Boise, ID 83705 Phone (208) 345-4177 Fax (208) 384-1677 Bond No. 757244P This document has important legal consequences. Consultation with an attorney Is encouraged with respect to He completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. AIA Document A312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, Into one forth. This is not a single combined Performance and Payment Bond, InB. AIA DWMA312--2010. The Amedcen Institute ofArchaects. mnto § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3lfthen is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of 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 Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § S When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or 9 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or 2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shalt be entitled to enforce any remedy available to the Owner. Init. AM noeumeMA312Te-2010. The Ameueen Inrtllub ofArehne . § 7 I 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 greater than those of the Contractor trader the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract, Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety 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. § B If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § Me Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond 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 herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract atter all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14,2 Construction Contract The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. Inst AIA D009MIGnt A312--2010. The American lmtaute of Amheects. § 16 Modifications to this bond are as follows: None (Space is provided below for additional signatures ofadded parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Name and Title: Address Signature: Name and Title: Address CAUTION: You should sign an original AIA Contract Document on which this text appears In RED. An original assures that changes will not be obscured, Ink AIA Document AM --2010. The Ametmn institute ofArchkecte. RECEIVED JUL 3 1 2015 #AIA 1•cument A312TM .201 1 Payment Bond Bond No. 757244P CONTRACTOR: (Name, legal status and address) Duane Spooner dba J2 Construction 3742 W Park Creek Drive Meridian, Idaho 83642 OWNER: (Name, legal status and address) City of Meridian 33 E Broadway Ave Meridian, Idaho 83642 CONSTRUCTION CONTRACT Date: August 11, 2015 Amount: $59,261.00 SURETY: (Name, legal status and principal place of business) Developers Surety and Indemnity Company Five Centerpointe, Suite 530 Lake Oswego, Oregon 97035 Description: (Name and location) Idaho Ave Sidewalk Improvements Project 6003.57 BOND Date: August 11, 2015 (Not earlier than Construction Contract Date) Amount: $59,261.00 Modifications to this Bond: W None 13 See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) ril Is document has important legal consequences. Consultation with an attorney Is encouraged with reaped to Ss completion or modification. Any singular reference to Contractor, Surety, Winer or other patty shall be considered plural where applicable. AIA DocumentA312-2010 combines two separate bonds, a Performance Bond and a Payment Bond, into one form. This Is not a single combined Performance and Payment Bond. Duane Spooner db ^J2 Construction Developers: rely and Indem Ity Co'{ _ Signahlre lure: a N%i Name Duaae�reo•. r Name et K Holthaus, Attorney -In -Fact and Title: 7 l -LOIS` and Title: (Arty additional signatures appear on the fast page ojthis Payment Bond) (FOR INFORMATION ONLY— Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIve Allied Bonding (Architect, Engineer or other party) 5605 Overland Rd. Boise, ID 83705 Phone (208) 345-4177 Fax (208) 384-1677 tuft AN Doeumerd=21 — 2010. The Mwrimn Institute ofAmMecw wMa § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2Ifthe Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment famished 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 under 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 Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit, § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: $ 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 8 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant'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 Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 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 attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 9 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to 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 funds for the completion of the work. lntL AIA noeumun A312--2010, The Amer[wn lnstsule ofAmhaecb. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of 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 which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 DefinMons § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terns "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were famished. § 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. Inst. AIA Document A312M-2010. The Amerloan Institute ofAmAaeok. POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO Box 19725, IRVINE, CA92623 (949) 263-3300 KNOWALL BY THESE PRESENTS that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each hereby make, constitute and appoint: ***Karyl A. Richter, Janet K. Hoithaus, jointly or severally*** as their We and lawful Attomey(s}In-Fact, to make, execute, deliver and acknowledge, for and on behalf of said cotporamns, as swenes, bonds, undertakings and contracts of suretyship giving and granting unto said ABomey(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done In connection therewith as each of said corporations could do, but reserving to each of sold corporations full power of substitution and revocation, and all of the acts of said Attomey(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of January let, 2008, RESOLVED, that a combination of any two of the Chairman of the Board, the President, Executive Vice-Preadent, Senior Vice -President or any Vice President of the corporations be, and that each of them hereby is, authorized to execute this Power of Attorney, qualifying the ahomey(s) named In the Power of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of either of the corporations be, and each of them hereby Is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any cer8gcate relating thereto by facsimile, and any such Paver of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon he corporations when so affixed and In the future with respect to any bond, undertaking or contract of suretyship to which It is attached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective officers and attested by their respective Secretary or Assistant Secretary this January 29, 2015. �ANO"' /ryo°•,, no, Daniel Youn ,Senior Vice -President •O-.'`PPeRq `O*yt 010T 'i eBy: •o: 1936Mark Lansdon, Vice -President A notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document State of California County of Orange On JanaarY 29 2015 _beforeme, Lucille Raymond Notary Public D& -- x«. msamxarw rdTilboitln orxxx personally appeared Daniel Youno and Mark Lansdon _ _ NWrRteJ ofalgrart¢) 7 LUCILLE RAYMOND i Commission # 2081945 Notary Public - CelBornia Orange County M Comm. Ea fres Oct 13 2018 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) Islare subscribed to the within Instrument and acknowledged to me that helshelthey executed the same in his/her/their authorized capacity(ies), and that by hisherliheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certily under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct, WITNESS my hand and official seal. /) _ Signature LucilVyifiond, Notary Pahlic CERTIFICATE The undersigned, as Secretary or Assistant Secretary of DEVELOPERS SURETY AND INDEMNITY COMPANY or INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked and, furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney are in force as of the date of this Certificate. This Certificate Is executed in the City of Irvine, California, this day of Ali By: )' Cassie J. rrisfurd, Assistant Se Lary ID-1380(Rev.01/15) J2CON-2 OP ID: TH CERTIFICATE OF LIABILITY INSURANCE oAT07/30/INS TYPE OF INSURANCE 07/30/15 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(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 208-322-5525 RICKETTS AND ASSOCIATES INC 13177 W PERSIMMON LANE 208-377-0203 BOISE, ID 83713 Tracy Ann Higgs NAMElfCT Tracy Higgs nXNo Ext _208-322-5525 C. No): 208-377-0203 EMAIL ADDRESS: tracy@rickettsinsurance.com INSURERIS) AFFORDING COVERAGE NAIC q . wsURERA:AUTOOWNERSINSURANCE 57301032 INSURED J2 CONS Duane Spooner ON dba Spooner _ INSURER B: - INSURER C: 3742 W Park Creek Dr Meridian, ID 83642 INSURER 0: _INSURER E: GENERALAGGREGATE $ 2,000,000 INSURER F: PRODUCTS - COMPlOP AGO $ 2,000,000 I.VVCRHUCJ GERI IFICATF NIIMRFR• octncrnra unsner:e. 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. ILTR TYPE OF INSURANCE O UOR POLICY NUMBER MM! POLICY MM/DDY/YYVY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE O OCCUR X 57301032 03/19/15 03/19116 EACH OCCURRENCE $ 1,000,000 PREMISESBe occurrence $ 300,000 MED EXP (Anyone person) 10,000 _$ PERSONAL B ADV INJURY $ 11000,000 GENERALAGGREGATE $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: POLICY X PRO EC OC PRODUCTS - COMPlOP AGO $ 2,000,000 $ AIANY AUTOMOBILE LIABILITY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED AUTOSX NON -OWNED AUTOS 57301032 03119/15 03119/16 COMBINED SINGLE LIMIT Eaaccitlent 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE Per accitlent $ A XtUEXI MBRELLA LIAB ESS LIAB X OCCUR CLAIMS -MADE 5030103200 03/25/15 03/19/16 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION$ $ WORKERS COMPENSATION ANOEMPLOYERS'LIABILITY YIN ANY PROPRIETOWPARTNERIEXECUTIVE 0 OFFICERIMEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE LA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ L I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CEK I II -).;A I t HOLDER CANCELLATION CITYM-2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITY OF MERIDIAN THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Purchasing Manager AUTHORIZED REPRESENTATIVE Tracy Ann Higgs 33 E BROADWAY AVE, STE 106 MERIDIAN, ID 83642 ©1988.2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD Search Results I System for Award Management View assistance for Search Results Search Results Current Search Terms: 32 construction* Notice: This printed document represents only the first page of your SAM search results. More results may be a tallstde. To Bunt your complete search results you can download the PDF and print It. Vo records found for current search. SAM 14.1.. for Awmd Management 1,0 Note to all users: This is a Federal Government computer system. Use of this system constitutes consent to monitoring at all times. Glossary Search Results Entity Exclusion Search Fi�gf; By Record Status By Functional Area - Entity Management By Functional Area - Performance Information IBM v1.P.34i t 10-1915 USAtgpyo,, Page 1 of 1 https://www.sam.gov/portal/SAM/?navigationalstate—JBPNS rOOABXdcACJgYXZheCSm... 8/3/2015 eTRAKiT Page 1 of 1 Home I Satupan Account I Login COnUdLIOr V Username Passviord LOGIN ❑ REMEMBERME Forgot Password Permits Apply Search Pay Fees Licenses Search Trade Licenses Search Public Works Inspections schedule Cancel Elevators Search Elevators Violations Search Shopping Cart Pay All Fees Contact Contact us Public Works Search p Search Again Download Results Printable View -- , Fifs4 IPrevt Page: 1 of 1 iJe� aJ Details - License Number: 021829 Lic Info Fees $175.00 Registration #: 021829 Issue: 1/29/2015 Expire: 1/31/2016 Type: PUBLIC WORKS Sub -Type: C Status: ACTIVE Company: J2 Construction Phone: (208)376-7168 Cell: (208)401-4731 Pager: Fax: Owner Name: The Division of Belong Safety, makes every egod to produce and publish the most amen) and accurate information possible. No moranlies, expressed or implied, are Provided for the data herein, its use, or its interpretation. Maturation of (his riduate indicates understanding and atteplance of this sialemenL 1-800-955-3044,1090 E Waledower SI, Saba 15o Meridian ID 83842 HOMF I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/ldaho PublieWorksSearchRslts.aspx 7/27/2015 Ir E cW do cW do d^ eM de aV dP M M M O O O O O O O O O O O O O O O O O N N N l0 l0 b b b m w b� ~ ~ vbro � 7 E N a a 0 0 0 o r o o n n 0 0 0 0 0 0 0 0 0 n C r r o o m o o 1; ri 31 M m m N (O M O rV rl W {y' Qi m O m M O rl ri � N ro ro N N n d� �D O M M 7 E .1 r1 N ui o 0 0. N N C W av O O O O M O O M M H o 0 0 o m o o m m v o r o 0 0 0 o r r u 7 v� r o N 10 0 0 C U N �D M N rl l0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N C N v1 m M n w o m N bl W ri M N ri V1 W d� w ro[j M t0 �M N N N A S. NW R a U a Nri m N g wi a v F m m s v o ro w o ro uu�i qa oro✓ ti H m �si6i oxm ro o vv u p z m0w ° ro ro W O H v u wa H ww 2:c�✓a z H w H F O q Ir E I(1 �I1 N b l0 b M M M M M M M O O O O O O O O O O O O O O O O O N N N l0 l0 b b b m Ir E Meridian City Council Meeting DATE: Auqust 11, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Fall Creek Subdivision Fall Creek Subdivision No. 2 Water Main Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-074611 BOISE IDAHO Pgs=6 LISA BATT 08/14/2015 09:35 AM MERIDIAN CITY NO FEE 133625 016007 6110 60067 00133525201500746110060067 WATER MAIN EASEMENT THIS INDENTURE, made this I I day of Ouq a s:1— , 2015, between Bear Creek West Development LLC, 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 of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Fall Creek Subdivision No. 2 Water Main Easement EASMT WAT 11-15-13.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: BEAR CREEK WEST DEVELOPMENT, LLC l Thomas M. Coleman, Jr. President, Coleman Communities Inc. Manager of Coleman Homes LLC Manager of Bear Creek West Development, LLC 3103 W. Sheryl Drive, Suite 100, Meridian, ID 83642 Address Fall Creek Subdivision No. 2 Water Main Easement EASMT WAT 11-15-13.doc STATE OF IDAHO ss. County of Ada ) On this day of 2015, before me, the undersigned, a Notary Public in and for said Sta perso ally appeared Thomas M. Coleman., Jr., known or identified to me to be the President of Coleman Communities, Inc., Manager of Coleman Homes LLC, Manager of Bear Creek West Development LLC, the limited liability corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have and year first above written. (SEAL) �w Oil set my hand and affixed my official seal the day NOT)RY PUBLI- FO IDAHO Residi g at: Commission Expires: f< Fall Creek Subdivision No. 2 Water Main Easement EASMT WAT 11-15-13.doc GRANTEE: CITY OF MERIDIAN L. Approved By City Council STATE OF IDAHO, ) Oxy County of Ada SoPTcn n ocv,? city or d. i ionno^ 4 On this 1 � day ofA�k �-I— , 2015, 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. NOTARY PUBLIC -FOR IDAHO Residing at: "CCI da 1 G n I Commission Expires: \ 1q rj (L Fall Creek Subdivision No. 2 Water Main Easement EASMT WAT 11-15-13.doc 0 EXHIBIT A July 22, 2015 DESCRIPTION FOR CITY OF MERIDIAN WATER EASEMENT PROPOSED FALL CREEK SUBDIVISION NO. 2 An easement located in the NW '% of Section 24, T.3N., R. 1W., B.M., Meridian, Ada County, Idaho, more particularly described as follows: Commencing at the Northwest corner of said Section 24, from which the North '% corner of said Section bears South 89006'56" East, 2655.57 feet; thence along the westerly boundary of the NW %4 of said Section 24 South 00°41'54" West, 2287.07 feet; thence leaving said westerly boundary South 89°18'06" East, 25.00 feet to a point on the easterly right-of-way of S. Linder Road, the POINT OF BEGINNING; Thence continuing South 89°18'06" East, 168.48 feet to a point on a curve; Thence 20.61 feet along the arc of a non -tangent curve to the left, said cure having a radius of 55.00 feet, a delta angle of 21 °28'23", and a long chord bearing South 11 053'03" East, 20.49 feet; Thence North 89°18'06" West, 172.94 feet to a point on the easterly right-of-way of S. Linder Road; Thence along said easterly right-of-way North 00°41'54" East, 20.00 feet to the POINT OF BEGINNING. Said easement containing 3,401 S.F., more or less. 141014-watease.docx EXHIBIT B 14 13 _ BASIS OF BEARING _ W. OVERLAND RD. 13 N 4 23 24 ' s 89.06'56 E 2655.5' 24 T CURVE TABLE CURVE LENGTH RADIUS DELTA CHORD BRG CHORD Cl 20.61 55.00 21'28'23" S 11'53'03" E 20.49 o yI -TT 3 N � � Ore (SHEET 1 "=100' 07/22/15 1 OF 1 TEASE.OWG bkb Rill CITY OF MERIDIAN WATER EASEMENT PROPOSED FALL CREEK SUBD. NO.2 LOCATED IN THE NW 1/4 OF SECTION 24 T.3N., R.1W., B.M. MERIDIAN, ADA COUNTY, IDAHO ENGINEERING SOLUTIONS 1029 N. ROSARIO ST., STE. 100 MERIDIAN, IDAHO 83642 Phone (208) 938-0980 Fox (208) 938-0941 Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: 4X PROJECT NUMBER: ITEM TITLE: Chinden and Linder Chinden and Linder Crossing Sewer Easement MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015.074612 BOISE IDAHO Pgs=5 LISA BATT 081141201509:35 AM MERIDIAN CITY NO FEE 1111Jill III I�� 00133626201600746120050067 SANITARY SEWER EASEMENT THIS INDENTURE, made this I l day of vS; 20� between Chinden & Linder Crossing., LLC, the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada County, Idaho, the party of the second part, and hereinafter called the GRANTEE; WITNESSETH: WHEREAS, the GRANTORS desire to provide a sanitary sewer right-of-way across the premises and property hereinafter particularly bounded and described; and WHEREAS, the sanitary sewer 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 sewer 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 sanitary sewer mains, GRANTEE shall restore the area of the easement and adjacent property to that existent prior to undertaking such procedures. However, GRANTEE shall not be responsible for repairing, replacing or restoring anything placed within the area described in this easement that was placed there in violation of this easement. Sewer Main Easement EASMT SEW 11-15-13.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: AChinden & Linder Crossing, LLC, X an Idaho limited liability company By: Michael N. Fery, Manager STATE OF IDAHO ) : ss. County of Ada ) On this — day of / 20 15' , before me, the undersigned, a Notary Public in and for said State, personally appeared '',e- r / «, and known or identified to me to be the Manager of the limited liability company that executed the within instrument, and acknowledged to me that such corporation executed the same. IN agF�� EAStt°a ve'i ® gNRY ® PU0 ®e`m® s 0®®®®®®®� G ° t9 ®00 01 ®�TEaOF®0m®®a Sewer Main Easeirew , I have hereunto set my hand and affixed my official seal the day (TARIV PUBLIC FOR ,IDAHO Resr ifig at: �Bl-igj oA t:Z10 Commission Expires: 3 Z• t�- Z i EASMT SEW 11-15-13.doe GRANTEE: CITY OF MERIDIAN Tammy City of L. Approved By City Council On: STATE OF IDAHO, ) : ss County of Ada ) On this 1 � day of A i n �)(S t— 20 1'�- , before me, the undersigned, a Notary Public in and for said State, 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. ,,,a0'aPa,- (SEAL) aCJ O f�aNO RY UBLIC FO AHO JIG ® tG Residing at: to'n r Commission Expires: --1a hh Ll a ,fa i, E®� ftt Sewer Main Easement EASMT SEW 11-15-13.doc P M f_V C_ 3„00,004S I m I � N W K U � U I I i � ^ I 1.00,00e0N - — 'Wou ci W MQDI IpN W o y v:o a IZ aVOM M3ON/7 "N V N - — -C, W o y v:o a dG 8 N W � y m ZIz Ja N Z Z V U o� � I 199'99L • 3xuoxoN oil ti vY aVOM M3ON/7 "N V N - — -C, W o y v:o a dG 8 N W � y m ZIz Ja N Z Z V U o� � I 199'99L • 3xuoxoN 1 �o o� I O > I; H O t C m O 2 W �W I la 14 :k Q V y I I l` o)yI I W o y IMC a 8 N W � y m ZIz Z U l` o)yI CITY OF MERIDIAN SANITARY SEWER EASEMENT DESCRIPTION FOR CHINDEN & LINDER CROSSING The following describes a Parcel of Land being a portion of Parcel "B" as shown on Record of Survey Number 7511, Recorded as instrument No.106129474, Records of Ada County, Idaho and lying in a portion of the SE 1/4 SE 1/4 of Section 23, Township 4 North., Range 1 West., Boise Meridian., Ada County, Idaho and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 23 being Marked by an Aluminum Cap; Thence, North 00°47'25" East, 70.00 feet along the Easterly Boundary Line of the Southeast 1/4 of said Section 23 to a point; Thence leaving said Easterly Boundary Line, North 89°38'43" West, 96.00 feet to a point on the existing Northerly Right of Way Line of West Chinden Blvd as Described in ACHD Right of Way Dedication Warranty Deed Instrument No.111037171, Records of Ada County, Idaho Marked by a 5/8" iron pin with Plastic Cap "PLS 14216"; Thence continuing along the Northerly Right of Way Line of West Chinden Blvd, North 89°38'43" West, 172.62 feet to a point; Thence leaving said Northerly Right of Way Line, North 00°00'00" East, 168.66 feet the POINT OF BEGINNING: Thence, North 90000'00" West, 16.00 feet to a point; Thence, North 00000'00" East, 120.32 feet to a point; Thence, North 90000'00" West, 141.20 feet to a point on the Southerly Right of Way Line of West Island Green Drive; Thence along the Southerly Right of Way Line of West Island Green Drive Northeasterly 23.58 feet along the arc of a curve to the left having a Radius of 125.00 feet, a Central angle of 10°48'36" and a long chord which bears, North 51033'45" East, 23.55 feet to a point; Thence, North 46009'27" East, 0.52 feet to a point; Thence leaving said Southerly Right of Way Line, North 90°00'00" East, 131.81 feet to a point; Thence, North 35042'45" East, 23.19 feet to a point; Thence, South 90000'00" East, 12.32 feet to a point; Thence, South 3542'45" West, 33.03 to a point; Thence, South 00000'00" East, 127.33 feet to the POINT OF BEGINNING: Said Easement contains 0.10 acres (4,388 Sq. Ft.) more or less. The basis of bearing for this description was taken from Record of Survey No. 7511, ACHD Right of Way Dedication Warranty Deeds, Instrument No's. 111037171 & 111041347, and Spurwing Challenge Subdivision as filed for Record in Book 105 of Plats at Pa Records of Ada County, Idaho. Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: 4Y PROJECT NUMBER: ITEM TITLE: Recreational Pathwav Easement Recreational Pathway Easement Between Chinden and Linder Crossing LLC and the City of Meridian Regarding a Multi -Use Pathway Easement as Part of the Chinden/Linder Crossing Development MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: &MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich 2015-074613 BOISE IDAHO Pgs=5 LISA BATT 08/1412015 09:35 AM --MERIDIAN CITY NO FEE 1111111111 111111111111111111111111111111111111111 00139627201600746130060064 RECREATIONAL PATHWAY EASEMENT THIS AGREEMENT, made and entered into this day of \— , 201$, between Ctdnden & Linder Crossing, LLC hereinafter referred to as "Grantor", and the City of Meridian, an Idaho municipal corporation, hereinafter referred to as "Grantee"; WITNESSETH: WHEREAS, Grantor is the owner of real property on portions of which the City of Meridian desires to establish a public pathway; and WHEREAS, the Grantee desires to grant an easement to establish the pathway and provide connectivity to present and future portions of the pathway; and WHEREAS, Grantor shall construct the pathway improvements upon the easement described herein; and NOW, THEREFORE, the Grantor does hereby grant unto the Grantee an easement on the following property, described on Exhibit "A" and depicted on Exhibit `B" attached hereto and incorporated herein. The easement hereby granted is for the purpose of providing public recreational pathway easements for multiple -use non -motorized recreation, with the free right of access to such facilities at any and all times. TO HAVE AND TO HOLD, the said easement unto the said Grantee, its successors and assigns forever. THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed any permanent structures, trees, brush, or perennial shrubs or flowers within the area described for this easement, which would interfere with the use of said easement, for the purposes stated herein. IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto, that Grantor shall repair and maintain the pathway improvements. Recreational Pathway Easement THE GRANTOR hereby covenants and agrees with the Grantee that should any part of the easement hereby granted become part of, or lie within the boundaries of any public street, then, to such extent such easement hereby granted which lies within such boundary thereof or which is a part thereof, shall cease and become null and void and of no further effect and shall be completely relinquished. THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and possessed of the aforementioned and described tract of land, and that it has a good and lawful right to convey said easement, and that it will warrant and forever defend the title and quiet possession thereof against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day and year first hereinabove written. GRANTOR: vVChinden & Linder Crossing, LLC BY: Michael N. Fery Its: Manager STATE OF IDAHO ) ) ss County of Ada ) On this 3 111dday of _t.4lxC � , 2035, before e, the undersigned, a Notary Public in and for said State, personally appeared i , known or identified to me to be the 191cn p&1of the that executed the within instrument, and acknowledged to me that such company ixecuted the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year fist above written. ",PR ®®geese@b® 0me q ®,:®®® IV,F ®° 9 4® ®GARY Vti ®® PUS age 0000 ®eT 4TE :3 Recreational Pathway Easement ��T PUBLIC FOR IDAHO Wing at:1044, Commission Expires: 1'4-41-Zo ry GRANTEE: CITY OF MERIDIAN Tammy de Holman, Approved By City Council On: STATE OF IDAHO ) ss. County of Ada City of On this J\ day of p, A— 20 IS before me, the undersigned, a Notary Public in and for said State, personally d TAMMY DE WEERD and JAYCEE HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. (SEAL) eht;`AA3�� 0, g � I 5 !3 Recreational Pathway Easement NO f PUBLIC FOR IDAHO Residing at: cz Commission Expires: 6 CITY OF MERIDIAN EASEMENT DESCRIPTION FOR CHINDEN & LINDER CROSSING The following describes a Parcel of Land being a portion of Parcel "B" as shown on Record of Survey Number 7511, Recorded as instrument No.106129474, Records of Ada County, Idaho and lying in a portion of the SE 1/4 SE 1/4 of Section 23, Township 4 North., Range 1 West., Boise Meridian., Ada County, Idaho and being more particularly described as follows: COMMENCING at the Southeast Corner of said Section 23 being Marked by an Aluminum Cap; Thence, North 00047'25" East, 70.00 feet along the Easterly Boundary Line of the Southeast 1/4 of said Section 23 to a point; Thence leaving said Easterly Boundary Line, North 89038'43" West, 96.00 feet to a point on the existing Northerly Right of Way Line of West Chinden Blvd as Described in ACHD Right of Way Dedication Warranty Deed Instrument No. 111037171, Records of Ada County, Idaho Marked by a 5/8" iron pin with Plastic Cap "PLS 14216", the POINT OF BEGINNING: Thence Along the existing Northerly Right of Way Line of West Chinden Blvd, North 89°38'43" West, 892.26 feet to the Westerly Boundary Line of said Parcel "B", and also being the Southeast Corner of Spurwing Challenge Subdivision as filed for Record in Book 105 of Plats, at Page 14440, Records of Ada County, Idaho Marked by a 5/8" iron pin with Plastic Cap "PLS 14878"; Thence leaving said Northerly Boundary Line, and along the Westerly Boundary Line of said Parcel "B", and also being the Easterly Boundary Line of said Spurwing Challenge Subdivision, North 00°22'17" East, 12.00 feet to a point; Thence leaving said Westerly and Easterly Boundary Lines, and along the Northerly Boundary Line of said Parcel "B", South 89038'43" East, 887.66 feet to a point; Thence, North 48°26'55" East, 31.88 feet to a point; Thence, North 02°57'54" East, 34.21 feet to a point; Thence, North 02°52'28" East, 53.26 feet to a point; Thence, North 03°06'31" East, 54.70 feet to a point; Thence, North 06°40'50" East, 64.35 feet to a point; Thence, North 06044'09" East, 29.63 feet to a point on the Westerly Right of Way Line of North Linder Road; Thence along said Westerly Right of Way Line, South 00047'25" West, 100.82 feet to a point; Thence continuing, South 02°56'16" West, 142.13 feet to a 5/8" iron pin with Plastic Cap "PLS 14216"; Thence continuing, South 48026'55" West, 38.79 feet to the POINT OF BEGINNING: Said Parcel contains 0.30 acres (13,019 Sq. Ft.) more or less. The basis of bearing for this description was taken from Record of Survey No. 7511, ACHD Right of Way Dedication Warranty Deeds, Instrument No's. 111037171 & 111041347, and Spurwing Challenge Subdivision as filed for Record in Book 105 of Plats at Page 14438, all Records of Ada County, Idaho. O A-) Lu tlq OO x OWOb MYON17 -N �t N IZ9'OOt � MAZ Lh,OS ,£t'Zb6 ®M�9h99oZOS a d ' 8 pIM� C (+S - r W of Z., OM. QZ O 4 �N tl1 d Mi zI z 2 Z o 0 I E z '" (n W Z z II O(56 o !wj I I U " m IL p' w I W o�� !� z azo JMz Q�� IIS o$i z oof ST -1 �� o Q W N O u. wl I Wwo �' Q u. o v �I aI o Z O , y 2 o �z za UU Uz"H-9cvvt YOR ED 30Vd `50 t N008 NOISIAIMS 3ON377VN9 ONIMIII1dSif y y / / o .. Z co Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: 4Z PROJECT NUMBER: ITEM TITLE: Approval of Award of Bid Pipeline Inspection Services Approval of Award of Bid and Agreement to Pipeline Inspection Services, Inc. for the "SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015" Project for a Not -To -Exceed amount of $62,500.00 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 Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Emily Skoro Date: 8-5-2015 Re: Aug 11th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 11°i City Council Consent Agenda for Council's consideration. Exceed amount of $62,500.00. Recommended Council Action: Award of Bid and Approval of Agreement to Pipeline Inspection Services, Inc for the Not -To -Exceed amount of $62,500.00. Thank you for your consideration. 0 Page 1 CM***eER,IDIAN*,,- Public D A H O Works Department TO: Keith Watts FROM: Emily Skoro Staff Engineer II DATE: 8/6/2015 Mayor Tammy de Weerd City Council Mem6erso Charlie Rountree Keith Bird Joe Barton Luhe Cavener Genesis Milam David Zaremba SUBJECT: PROJECT INFORMATION: CONSTRUCTION AGREEMENT PROJECT 910565 FOR THE 2015 SEWER MANHOLE RETROFITS AND LINE REPAIRS WITH PIPELINE INSPECTION SERVICES, INC. FOR A NOT TO EXCEED AMOUNT OF $62,500.00. I. DEPARTMENT CONTACT PERSONS Emily Skoro, Staff Engineer II (Project Manager) 489-0356 Clint Dolsby, Asst. City Engineer 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Public Works Director 489-0372 II. DESCRIPTION A. Backeround Due to the constant wear and tear on the existing sewer collection system manholes and pipes, infrastructure rehabilitation is required annually. Deteriorated manhole and pipe line locations are identified through CCTV inspections and regular maintenance on the system. The Sewer Manhole Retrofits and Line Repairs 2015 Project will be completed by the end of this fiscal year. B. Proposed Project It has been determined that specific manholes and sewer lines in the sewer collection system have significant deterioration. These manholes and sewer lines have been compiled together in this rehabilitation project. The project includes structural repairs to manholes to eliminate infiltration, trenchless line point repairs, repair of protruding services, and structural repair and coating of manholes with excessive corrosion. Page I of 2 III. IMPACT A. Strategic Impact: This project meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Fiscal Impacts: Every year the WWTP Operations rehabilitate or replace significantly collection system. This project utilizes for this project is $62,500.00. Proiect Costs: Fiscal Year 2015 Construction Contract Department budgets $125,000.00 to deteriorate infrastructure in the sewer a portion of this budget. The bid amount Protect Funding: The amount allocated for this project was $62,500.00. FY15 Line Approved for Council Agenda: $62,500.00 Repair 3520-53351 $125,000.00 l� Stewart Date Page 2 of 2 CONTRACT / AGENDA CHECKLIST Date: 6/16/2015 REQUESTING DEPARTMENT Wastewater Fund: 60 Department: 3520 GL Account: 53351 Project# 10565 Construction: x Task Order PSA Equipment Project Name: Sewer Manhole Retrofits and Line Repairs FY2015 Project Manager: Emily Skoro Department Representative: Tom Lee Contractor/Consultant/Design Engineer: Pipeline Inspection Services, Inc Budget Available (Attach Report): yes Contract Amount: $62,500.00 Will the project cross fiscal years? Yes No x Budget Information: FY Budget: FY15 Enhancement#: Grant#: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD Low Bidder x Highest Rated Master Agreement (Bid Results Attached) Yes (Ratings Attached) (Category) Typical Award Yes X No If no please state circumstances and conclusion: Debarment Status (Grant/Federal Funded Projects Only) Date Award Posted: PW License It C -15828-B-4 Corporation Status 2015 na (Type in date verified and the status) 10 day protest period: July 18, 2015 Expiration Date March 31, 2016 Goodstanding Insurance Certificates Received (Date): July 15, 2015 Expiration Date: July 30, 2015 Rating: A Payment and Performance Bonds Received (Date): July 15, 2015 Rating: A Builders Risk Ins. Req'd: Yes na No na If yes, has policy been purchased? na (Only applicabale for projects above $1,000,000) Date Submitted to Clerk for Agenda: August 6, 2015 Approval Date By: Purchase Order No.: Date Issued: WI -15 submitted lordly for PW Construction Projects) NTP Date: (Only for non Public Works Project) CONTRACT FOR PUBLIC WORKS CONSTRUCTION SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 PROJECT # 10565 THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this 11 `h day of August, 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 Pipeline Inspection Services, Inc, hereinafter referred to as "CONTRACTOR", whose business address is P O Box 3023, Nampa, ID 83653 and whose Public Works Contractor License # is C -15828- B-4. INTRODUCTION Whereas, the City has a need for services involving SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015; 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 Contract 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 Exhibit "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, SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 1 of 15 Project 10565 state and city laws, ordinances, regulations and resolutions. The Contractor represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Contractor and any reports or opinions prepared or issued as part of the work performed by the Contractor underthis Agreement, Contractor makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the Contractor at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a Not -To -Exceed basis as provided in Exhibit C "Payment Schedule" attached hereto and by reference made a part hereof for the Not -To -Exceed amount of $62,500.00. 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 Exhibit A. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 2 of 15 Project 10565 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 Exhibit C 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. 4. Liquidated Damages: Upon receipt of a Notice to Proceed, the Contractor shall have until September 30, 2015 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 $100.00 (one 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. 5. Termination: 5.1 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. 5.2 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. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 3 of 15 Project 10565 6. Independent Contractor: 6.1 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 Exhibit 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. 6.2 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. 6.3 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. 7. Sub -Contractors: Contractor shall require that all of its sub -contractors be licensed per State of Idaho Statute # 54-1901 8. Removal of Unsatisfactory Employees: The Contractor shall only furnish employees who are competent and skilled forwork under this contract. If, in the opinion of the City, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the terms and conditions of the contract, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work under this contract. 9. Indemnification and Insurance: 9.1 CONTRACTOR shall indemnify and save and hold harmless CITY and it's elected officials, officers, employees, agents, and volunteers 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 specifically SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 4 of 15 Project 10565 agrees that it will maintain, throughout the term of this Agreement 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 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. 9.2 Insurance is to be placed with an Idaho admitted insurer with a Best's rating of no less than A-. 9.3 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. 9.4 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. 9.5 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. 9.6 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 5 of 15 Project 10565 9.7 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 10. 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. 11. 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. Contractor is required to furnish faithful performance and payment bonds in the amount of 100% of the contract price issued by surety licensed to do business in the State of Idaho. In the event that the contract is subsequently terminated for failure to perform, the contractor and/or surety will be liable and assessed for any and all costs for the re -procurement of the contract services. 12. Warranty: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 13. 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. 14. Taxes: The City of Meridian is exempt from Federal and State taxes and will execute the required exemption certificates for items purchased and used by the City. Items purchased by the City and used by a contractor are subject to Use Tax. All other taxes are the responsibility of the Contractor and are to be included in the Contractor's Bid pricing. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 6 of 15 Project 10565 15. 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: httD://www.meridiancity.ora/environmental.asr)x?id=13618. 16. 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. 17. Reports and Information: 17.1 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. 17.2 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. 18. 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. 19. 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 SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 7 of 15 Project 10565 reports, data or other materials prepared under this Agreement. 20. Equal Employment Opportunity: In performing the work herein, Contractor agrees to comply with the provisions of Title VI and VII of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code Section 2176. Specifically, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. Contractor will take affirmative action during employment or training to insure that employees are treated without regard to race, color, religion, sex, national origin, age, political affiliation, marital status, or handicap. 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. 21. Employment of Bona Fide Idaho Residents: Contractor must comply with Idaho State Statute 44-1002 which states that the Contractor employ ninety-five percent (95%) bona fide Idaho residents. 22. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its attorney's orthe opportunityto seek such advice. 23. 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. 24. 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. 25. 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 SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page S of 15 Project 10565 Agreement is modified as provided above. 26. 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. 27. 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. 28. Payment Request: Payment requests shall be submitted to City of Meridian through the City's project management software. The Project Manager will compare the invoice against the Payment Schedule in the Agreement for compliance. Upon approval that the work has been done and is in compliance with the Agreement, the Project Manager will approve the pay request for processing. City of Meridian payment terms are Net 30 from the date City receives a correct invoice. Final payment will not be released until the City has received a tax release from the Tax Commission. 29. Cleanup: Contractor shall keep the worksite clean and free from debris. At completion of work and prior to requesting final inspection, the Contractor shall remove all traces of waste materials and debris resulting from the work. Final payment will not be made if cleanup has not been performed. 30. Order of Precedence: The order or precedence shall be the contract agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 31. 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. 32. 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 MANHOLE RETROFITS AND LINE REPAIRS 2015 - page 9 of 15 Project 10565 33. 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 Pipeline Inspection Services, Inc Purchasing Manager Attn: Scott Wendling 33 E Broadway Ave P O Box 3023 Meridian, ID 83642 Nampa, ID 83653 208-489-0417 Phone: 208-941-9424 Email: pipelineinspectionsCa)hotmail.com Idaho Public Works License #C -15828-B-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. 34. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN PIPELINE INSPECTION SER .ICES, INC BY: - BY: TAMMY de D, MAYOR SCOTT WENDLING, Vice resident Dated:' �� %� Dated:_' ,f Approved by HOLMAN, C g ,r v( DIAN,„ "1,1'0 SEAL f pp Purchasing Approval y'`Ro,aE su" epar ent p o al BY: BY: KEIT A S, Pu ha g Manager W REN ST ART, Engineering Manager Dated:: // Dated:: Project Manager Emily Skoro SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 10 of 15 Project 10565 EXHIBIT A SCOPE OF WORK REFER TO INVITATION TO BID WW -15-10565 ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Invitation to Bid Package # WW -15-10565, are by this reference made a part hereof. **Due to limited funding, this project will be awarded without Bid Item C (manhole structural repairs) and with the removal of 3 items from Bid Item B (CIPP. line point repairs — See attached Exhibit B for the specific items removed from project)** The FY 2015 Sewer Manhole Retrofits and Line Repair project includes structural repairs to manholes to eliminate infiltration, trenchless line point repairs, repair of protruding services, and structural repair and coating of manholes with excessive corrosion. The Contractor shall furnish all labor, materials, and equipment necessary for the entire completion of the project as outlined and shall construct the complete job in the best and most workmanlike manner. SPECIFICATIONS A. The Contractor will be required to pay for and obtain the necessary permits from Ada County Highway District (ACHD) to perform the required work within ACHD right-of-way. The Contractor will also be responsible for any traffic control necessary to complete the work in a safe manner within ACHD right-of-way. B. All work shall conform to the current Idaho Standards for Public Works Construction (ISPWC), Ada County Highway District (ACHD), City of Meridian Supplemental Specifications to the ISPWC, and the City of Meridian Construction Storm Water Management Program. C. The Contractor shall be required to submit to the Project Manager (Emily Skoro, CoM) a schedule of work during the preconstruction meeting and subsequent updated 2 week construction schedules throughout the entire project. All work will be limited to the manholes and line segments identified in the maps provided in the Invitation for Bid WW -15-10565. Anything beyond the work shown must first be approved by the Project Manager prior to beginning the additional work. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 11 of 15 Project 10565 D. The Contractor must notify the City's Collections System Manager (Tom Lee or Miguel Espjnola) with the job location when working in the City's Collections System. E. Contractor shall be willing to testify as an expert witness in the event of litigation. F. Contractor shall adhere to all safety regulations set forth by OSHA and any other safety means needed to safely perform the project. G. Contract shall notify Project Manager of any significant problems, abnormalities, additional repairs needed, etc. that may be encountered during or after the work was completed. H. The amount of work to be done under the contract and as noted in the Bid Schedule represents a maximum and is not to be taken as an expressed or implied statement that the actual amount of work will correspond. The right is reserved to increase, decrease, or to entirely eliminate certain items from the work. All structural repairs of pipe shall be cured in place pipe (CIPP) and all structural repairs of manholes shall use a polyurethane spray wall (250 mL thickness). Repairs to stop infiltration in pipe shall use chemical grout and all repairs to stop infiltration in manholes shall use chemical injection with Deneeff or an approved equal. The majority of the manhole repairs are damaged cones due to corrosion from hydrogen sulfide. Repairs include pressure washing and repairs of any infiltration/re-grouting of manhole base before coating manhole. Excavation is not required for these repairs. Prior to the commencement of construction, the Contractor will be required to do material submittals for approval for all proposed materials to be used in the repairs. All work to stop infiltration shall be conducted during the months of July through September. K. At the completion of each repair, the Contractor shall contact the City's Project Manager for inspection and approval of the visible repairs (manholes). For pipe line and protruding service repairs, a CCTV video documenting the completed repair must be submitted to the City's Project Manager. All CCTV work must be coded with Nassco PACP. L. The Contractor will submit completed work invoices to the City's Project Manager for processing. M. All submittals for approved equals and alternative materials must be approved by the City Engineer prior to bid opening. Current list of approved products to stop infiltration include; DENEEF: Dry Oakum (for use with grouts), AVANTI: AV - 202, AV -290 Fast- Set, AV- 330, AV -333, and AV -350. If an award is made for the add alternate, products will be reviewed at that time. SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 12 of 15 Project 10565 N. It will be the Contractor's responsibility to make site visits to each manhole/line segment identified in the attached maps to determine the severity of the repair in order to accurately bid. O. Prior to the start of work, a preconstruction meeting will be held and shall be attended by the Contractor's Project Manager, its Superintendent, and its Subcontractors as the Contract deems appropriate. The purpose of the meeting is to designate responsible personnel and establish a working relationship. Matters requiring coordination will be discussed and procedures for handling such matters established. The Contractor should be prepared to discuss tentative schedules, transmittals, processing applications for payments, maintaining record documentation, critical work sequencing, field decisions, and Change Orders. P. For manholes located in asphalt to restore to proper grade a maximum gap of 1/a" is allowed. If the gap is greater than Ya", a new collar will have to be installed. See City of Meridian Standard Drawings S8 and S9 included in the City of Meridian Supplemental Specifications to the ISPWC All construction work shall be done in accordance with the 2012 version of the Idaho Standards for Public Works Construction (ISPWC), the 2013 City of Meridian Supplemental Specifications to the ISPWC (and any Addendums). SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 13 of 15 Project 10565 Exhibit B SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 14 of 15 Project 10565 Exhibit C MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $62,500.00. MILESTONE DATES/SCHEDULE _ Milestone 1 Final Completion September 30, 2015 PRICING SCHEDULE_ Contract includes furnishing all labor, materials, equipment,, and incidentals as required for the SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 per IFB WW -15-10565 and revised scope of work (Exhibit A and Exhibit B) CONTRACT TOTAL ....................... $62.500.00 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. Cgntract Pricing Schedule Item No. Description Qnty Unit Unit Price A. Repair manholes to stop infiltration, minor 18 Each $750.00 to moderate infiltration less than 3 m B. Trenchless CIPP line point repairs 14 Each $3,500.00 SEWER MANHOLE RETROFITS AND LINE REPAIRS 2015 page 15 of 15 Project 10565 N J D U) W w z z O a 0 'm sqn # Oil PUOS P16 POUBI w O a 2 eTRAKiT Page 1 of 1 Home I Setup on Account I Log In Conlractory Passw'ortl LOGIN ❑REMEMBER ME Forgot Password Permits Apply Public Works Search Search Again Download Resells Prbifable View Search Pay Fees SEMEN= MEMEM Licenses Pipeline Inspection Services Inc ribs Pip I PWC -C-15828 102310,02325,02955,0330003600,09960 4 i Search Trade Licenses -< - - -- - Search Public Wmmw Inspections Firs( IPrevi Page: i of 1 �Nexf; Last's Schedule - License Number: PWC -C-15828 - - — C Can ,Details Elevators 'Lic Info Fees $1,050.00 Search Elevators — Violations Registration#: PWC -C-15028 Search Shopping Cart Issue: 3/13/2015 Pay All Fees Expire: 3/31/2016 Contact Type: PUBLIC WORKS Contact as Sub -Type: B Status: ACTIVE Company: Pipeline Inspection Services Inc Side Pip Phone: (208)941-9424 Cell: (208) 941-9424 Pager. Fax: (208) 4654413 Owner Name: The Olei icor of Beight, Safety, makes every east to produce and publish the most cement and amens adearalion poss,ble. No w our ants" capreesed or implied, are provided for the data herein, its use, or its interpretation. Ufi cudent of this website indicates understanding and acceptance of this statement. 1-800-855-3044, 1990 E Waletower St. Suite 150 Mod rn to 83842 HOME I CONTACT https://web.dbs.idaho.gov/eTRAKiT3/Custom/Idaho_PublieWorksSearchRslts.aspx 7/8/2015 IDSOS Viewing Business Entity Page l of 2 wn�{p" IDAHO SECRETARY OF STATE Viewing Business Entity Lawerence Denney, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for PIPELINE INSPECTION SERVICES INC ] [ Monitor PIPELINE INSPECTION SERVICES INC business filings ] PO BOX 3023 NAMPA,ID 83653 Type of Business: CORPORATION, GENERAL BUSINESS Status. GOODSTANDING State of Origin: IDAHO Date of 20 Jun 2003 Origination/Authorization: Initial Registered Agent: DARIN BARNES 4423 E. VICTORY ROAD NAMPA,ID 83686 Organizational ID / Filing C149711 Number: Number of Authorized Stock 1000000 Shares: Date of Last Annual Report: 26 Apr 2015 Annual Report Due: Jun 2016 Original Filing: [ Help Me Print/View TIFF ] Filed 20 Jun 2003 INCORPORATION View Image (PDF format) View Image (TIFF format) Amendments: [ Help Me Print/View TIFF ] Amendment Filed 04 Dec STOCK View Image (PDF format) View 2006 CHANGE 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) http://www.accessidaho.org/public/sos/corp/C149711.html 7/8/2015 IDSOS Viewing Business Entity Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Report for year 2004 ANNUAL REPORT Page 2 of 2 View Imaqe (PDF format) View Image (TIFF format,) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) Idaho Secretary of State's Main Page State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo(a)sos.idaho.gov http://www.accessidaho.org/publie/sos/corp/C14971 I.htm] 7/8/2015 Document A312TM —2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) Pipeline Inspection Services, Inc. PO Box 3023 Nampa, ID 83653 OWNER: (Name, legal status and address) City of Meridian 33 E. Broadway Avenue Ste. 108 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: July 8, 2015 67S201410 SURETY: (Name, legal status and principal place of business) The Ohio Casualty Insurance Company A 9450 Seward Road Fairfield, OH 45014 This document has Important legal consequences. Consultation with Mailing Address for Notices an attorney is encouraged with The Ohio Casualty Insurance Company respect to Its completion or Attention: Surety Claims Department modification. 1001 4th Avenue, Suite 1700 Any singular reference to Seattle, WA 98154 Contractor, Surety, Owner or other party shall be considered plural where applicable. Amount: $ 92,950,00 Ninety-two Thousand Nine Hundred Fifty Dollars And Zero Cents Description: (Name and location) Sewer Manhole Retrofits and Line Repairs 2015 BOND Date: July 8, 2015 (Not earlier than Construction Contract Date) Amount: $ 92,950.00 Ninety-two Thousand Nine Hundred Fifty Dollars And Zero Cents Modifications to this Bond: Q None F-1 See Section 16 CONTRACTOR AS PRINCIPAL Company: (Corporate Sea!) Pipeline Inspection Services, Inc. Name 4)ir and Title: SURETY Company: (Corporate Seal) The Ohio Casualty Insurance Company i Signature: 1 �1 �, �}i.r'/ tta1`i' Name and Title: Mary Jaquler Attorney-lr rzc (Any additional signatures appear on the last page of tIris Performance Bond.) (FOR INFORMATION ONLY —Name, address and telephone) AGENTorBROKER: Post Insurance Services, Inc. PO Box 8447 Boise, ID 83707 S•1852IAS 8/10 OWNER'S REPRESENTATIVE: (Architect, Engineer or other parry:) NIA § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2Ifthe Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of 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 Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 6 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; § 6.2 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 Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, 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-1852IAS 8110 § 7 I 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 greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety 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. § 8Ifthe Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall acerae 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 Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall he 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 their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond 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 herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made, including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damoges to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. S-1 852/AS 8110 § 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Sea!) Company: Signature: Name and Title: Address 8.15521AS 8110 Signature: Name and Title: Address (Corporate Sea!) Liberty Mut>txal. Document A312 TM -2010 Payment Bond Conforms with The American Institute of Architects AIA Document 312 CONTRACTOR: (Name, legal status and address) Pipeline Inspection Services, Inc. PO Box 3023 Nampa, ID 83653 OWNER: (Name, legal status and address) City of Meridian 33 E. Broadway Avenue Ste. 106 Meridian, ID 83642 CONSTRUCTION CONTRACT Date: July 8, 2015 675201410 SURETY: (Name, legal status and principal place ofbusiness) The Ohio Casualty Insurance Company A 9450 Seward Road Fairfield, OH 45014 Mailing Address for Notices The Ohio Casualty Insurance Company Attention: Surety Claims Department 1001 4th Avenue, Suite 1700 Seattle, WA 98154 Amount: S 92,950.00 Ninety-two Thousand Nine Hundred Fifty Dollars And Zero Cents Description: (Name and location) Sewer Manhole Retrofits and Line Repairs 2015 BOND Date: July 8, 2015 (Not earlier than Construction Contract Date) Amount: $ 92,950.00 Ninety-two Thousand Nine Hundred Fifty Dollars And Zero Cents Modifications to this Bond: ❑K None ❑ See Section 18 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Pipeline Inspection SrMvices, Inc. The Ohio Casualty Insurance Company and Title: U JCB Signature: f Name and Title: Mary Jaquler (Any additional signatures appear on the last page of this Payment Bond.) (FOR INFORMATION ONLY — Name, address and telephone) AGENT or BROKER: Post Insurance Services, Inc. PO Box 8447 Boise, ID 83707 5-2149/AS 8/10 OWNER'S REPRESENTATIVE: (Architect, Engineer or other party.•) N/A 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. bcA-&4: j § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under 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 Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duty tendered claim, demand, lien or suit. § 6 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 6.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 6.2 Claimants, who are 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 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to famish a written notice of non-payment under Section 5.1. t. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 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 attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to 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 funds for the completion of the work. 5.21491AS 8/10 § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of my Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Constmction 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 which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the lost materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 16 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly famish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; .3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was famished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .6 the date on which the Claimant last performed labor or lest furnished materials or equipment for use in the performance of the Construction Contract; .6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and .8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16,2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of this Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16,3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. S•2149/AS 8110 § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay die 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 the 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 below for additional signatures of added parties, other than those appearing on the cover page) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Address Address S-2149/AS 8110 THIS POWER OF ATTORNEY IS NOT VALID UNLESS ITIS PRINTED ON RED BACKGROUND. This Powerof Attomey limits the acts ofthose named herein, andthey have no authodty:to bind the Company except in the mannerand to the extent herein stated. - Certificate No. 961110a American Elre and Casualty Company Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WeslAmerican Insurance Company . POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: ThatAmedcanFire B Casualty Company and The Ohio Casually Insurance Company are. corporations duly organized under the laws of the State of New Hampshire, thalUberty Muluallnsurance Company is a corporation dulyorganized underthe laws of the State of Massachusefts,'and WestAmerican Insurance Company is a corporation duty organized under the laws of the Stale of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, consl'pute and appoint, -:Mary 4anuier"Terry S. Robb, Wiliam F. Post all of the city ofBoisestale of ID " each individually if there be more than one named, els true and lawful attomey-in-tact to make, execute, seal acknowledge and deliver, for: and oohs behalfas surety and as its act and deed, any and all uodedaking$, bonds, reicognizances and other surety obligations, in pursuance of these presents and shall be as bindingupon the Companies as if they have been duly signed by the president and arrested by the secretary of the Companies in their own` proper persons:' IN WITNESS WHEREOF, this PowerofAttomey.has been subscribed by an authorized officer or official ofthe_Companies and the:corporete seals of the Companies have been affixed .thereto this lath day of August 2014: American Fire and Casually Company The Ohio Casualty Insurance Company c f ! Liberty Mutual Insurance Company c ' West meriean"Insurance Company �. STATE OF PENNSYLVANIA as David M. Care,Assistent Secretary 'COUNTY OF.MONTGOMERY c wof On this 13th' :day of .August - 20144 before me,. personally appeared David M•. Carey,: who acknowledged himself to be this Assistant Secretary of American Fire and 0,= execute me foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a dulyauthorized officer c' IN WITNESS WHEREOF I have hereunto subk9bed myram <,and affixed my notarial seal at Plymouth Meeting, Pennsylvania, on the day and year first above wriften. o wm' 3 /tel /(�co 'O t, "/' �H By:. ,U/f,LQet) ��', 0 1 Teresa Pastelia , Notary Public 20 0 .This PowerofAttomeyis made and executed piirsuanflom by authoriyofthe following By-laws andAahorizetions ofAmerican Fin: and Casualty Company, The Ohio Casualty Insurance - coo , -Company, Liberty Mutual Insurance Company, @rxl,V�§tAmejlcen Insurance Company which resolutions are now in full force and effect reading as follows: Or H,. ARTICLE IV -OFFICERS -Section V. Power ofAffomey.Any officer or other omCial of the Corporation authorized :for that purpose in writing by the Charman or the President, and subject Oc' ;? to such limitation as the Chairmen or the President may prescribe, shall appoint such aftomeys in -fact, as may be;necerearyto act in behalf of the Corporation to make, execute, met, .v. Oc E :acknowledge and detiveras surety any and all undertakings, recognizances and other suretyobigations. Such ehomeys-in:feci, su6jeato the limitations set forth inthairrespecive of attorney, shall have full to bind the Corporation, by their insimments to v�S ' y^ powers power signature and execution of any such and aitach thereto the seal of the Corporation, When so `executed, 0 such lnsbumenlsshafi be asbinding as ifstgned bythe President and aftested to bythe.Becretary.Anypowerotaulhodtygranted to any representable orattomeyin-fact under >'$ a a the prewslons o(this Blkle,mey ba revoked ata time by the Board, the Chairmen, lite Presidenlar by me officer officers granting such power orauthority t a A ARTICLE XIII—:Execution of Contacts — SECTION 5. Surety Bonds and Undertakings. Anyofficer of the Company authorized forthat purpose in vvdng by the chairman or the president, N E`�.... > ;and subject to such limitations as the chairman or the president may prescribe, shall appoint such altomeys-in-feel, as trey be necessary to act in behalf of the Compapyto make, execute, O p seal acknowledge and deMer as surety any and all undertakings, bands, recognizanoes and other surety obligations. Such aftommrnd act subject to the limitations set forth in their tip. Z � !respective powers of attomey,$6l have full powsito bind the Company by their signature and executionofany such Instruments and to attach thereto the seal ofthe_.Company. When so 0.•0' executed such Instruments shall be as binding as if signed by the president and attested by the secretary. turtificale of Designation —The President of the Company, acting pursuant to the Bylaws of the Company, authorizes Devi M. Carey, Assistant, •Secretary to appoint such affomeys-In• ~ --fact an may be. necessary toad an behalf of the Company to make, execute, seal, acknowledge: and deiver as surety any and all undertakings, bonds, recognizances and other surety -:obligations. ` Authorization -. By unanimous consent of the Company's Board, .of Directors, the Company consents that facsimileor mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon acediged copy of any power of attorney issued by the Company in connection with surety bends, shall be valid and binding upon tha Company with . the same force and effect as though manualyaffixed. 1, Gregory W. Davenport, the undersigned, Assistant Secretary, of Amedcan Fire end Casualty Company, The Ohio Casualty Insurance Company, liberty Mutual Insurance Company, and West American Insurance Company do hereby cedify that the original powerof attorney of which the foregoing is s full, hue and correct copy of the Power of Attorney executed by said - ' Companies, Is in full force and effect and has not been revoked: — - IN,TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of mid Companies this 8- dayof JULY .2015.. By :Grego�� t Secretary `. lMa 12873 122013 137 of 150 A� R� CERTIFICATE OF LIABILITY INSURANCE 07/27 /2015 ) 7/z7/zols 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(iss) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTANAME: Alyshia Gamble Post Insurance Services, Inc. 2717 W. Bannock St. (HONEA/C, No Ex (208)336-5600 FAX No: (208)399-0651 EMAIL a amble@ OBtlna. COm ADDRESS: g P P.O. BOX 8447 Boise ID 83707 __-INSURER(S) AFFORDING COVERAGE NAIC# INSURER Rockhill Insurance C-- 20853 INSURED INSURERBAcuity, A Mutual Insurance CO. 14184 Pipeline Inspection Services, Inc. INSURERC:Idaho State Insurance Fund 36129 Mad River Development LLC INSURER D: PO BOX 3023 INSURER E: _ Nampa ID 83653 INSURER F: COVERAGES CEIR 11FICA l im NIIMRFR•2U1S-2016 REvtmnu nlnnsovo. 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. 'NSR LTR I TYPE OF INSURANCE ADDL SUBS POLICY NUMBER MMI -POLICY EFF MM/�OIYYrr LIMITS X COMMERCIAL GENERAL LIABILITY EA$ 2,000,000 A CLAIMS -MADE �X OCCUR MAGE TO KIENCE DAMAGE TO RENTED P $ 100,000 REMISES Ea occurrence MED EXP (Anyone person) $ 5,000 X CG 2010; RHIC 6048 X EWP003749-03 7/30/2015 7/30/2016 X RHIC 6058 PERSONAL &ADV INJURY $ 2,000,000 GENT AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 X POLICY ❑ PES C] LOC PRODUCTS - COMP/OP AGO $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea acddenl $ 1,000,000 B X ANY AUTO BODILY INJURY (Per person)ALL S AUTOS �ED AUTOC�EDULEO K98411 7/30/2015 7/30/2016 BODILY INJURY (Per accident) $ NON-0WNED HIRED AUTOS AUTOS PROPERTYDAMAGE $ Per acc'dent X CA7214 $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE S 1 000 000 B X EXCESS LIAR CLAIMS -MADE K98411 7/30/2015 7/30/2016 AGGREGATE $ 1 000 000 DED FFRLTEITIINI $ WORKERS COMPENSATION _ X OERH AND EMPLOYERS' LIABILITY YIN STATUTE E.L. EACH ACCIDENT $ 1, 000, 000 ANY PROPRIETOWPARTNEWEXECUTIVE OFFICERIMEMBER EXCLUDED? NIA C (Mandatory In NH) 644597 4/1/2015 4/1/2016 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under E.L. DISEASE -POLICY LIMIT S 1 000,000 DESCRIPTION OF OPERATIONS below A Transportation Pollution EWP003749-03 7/30/2015 7/30/2016 Aggregate Limit $ 1,000,000 A Professional Liability EWP003749-03 7/30/2015 7/30/2016 Aggregate Limit $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks schedule, may be attached if more space is required) RE: Sewer Manhole Retrofits and Line Repairs 2015 City of Meridian Purchasing Manager 33 E Broadway Ave 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 Gamble/AG 0_0' ©7988-2014ACORD CORPORATION. All darts reserved. AUUKU 25 (ZU14101) The ACORD name and logo are registered marks of ACORD INS02512014011 Pipeline Inspection Services, Inc. Policy #ENVP003749-03 COMMERCIAL GENERAL LIABILITY CG 2010 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -SCHEDULED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s); Locations Of Covered Operations Any person or organization for whom you are per. In respect to any location where the named forming operations when you and such person or or- insured Is performing "your work". ganization have agreed in writing in a contract or agreement, effected prior to the date your operations for that person or organization commenced, that such person or organization be added as an additional in- sured on your policy. Infornatlon reQuired to complete this Schedule if not shown above will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", ..property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds. the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: t. All work, Including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location or the covered operations has been completed: or 2. That portion of ..your work" out of which the Injury or damage arises has been put to its in- tended use by any person or organization oth- er than another contractor or subcontractor engaged in performing operations for a prin- cipal as a part of the same project. CG 2010 07 04 ©ISO Properties, Inc., 2004 Page 1 of 1 D Pipeline Inspection Services, Inc. Policy #ENVP003749-03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY/NON-CONTRIBUTORY COVERAGE This endorsement modifies insurance under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART TRANSPORTATION POLLUTION LIABILITY COVERAGE PART PRIMARY/NON-CONTRIBUTORY —If required by written contract or agreement. effected prior to the date your operations for that person or organization commenced and named below, such Insurance as is afforded by this policy to any additional insureds under this policy shall be primary insurance, and any insurance or self -Insurance maintained by such additional insured(s) shall not contribute to the insurance afforded to the named insured. All other terms and conditions remain unchanged. SCHEDULE Any person or organization that is: I. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. RHIC 6048 (02/12) 'Includes copyrighted material of Insurance Services Office. Inc. Page 1 of 1 with its permission" Pipeline Inspection Services, Inc. Policy #ENVP003749-03 COMMERCIAL GENERAL LIABILITY CG 2037 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS -COMPLETED OPERATIONS This endorsement modifies Insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additionallnsured Persons) Location And Description Of Completed Opera. OrOr anlzallon s : tions tiny person or organ)%alton for whom you are per. orming operations when you and such person or -where required by written contract organization have agreed In writing In a contract or agreement, effected prior to the date your opera - tons for that person or organization commenced, that such person or organization be added as an addilionalinsured on your policy. Information required to complete this Schedule if not shown above will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organizatlon(s) shown In the Schedule, but only with respect to liability for "bodily injury.. or "property damagen caused, in whore or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and Included In the "products - completed operations h8%ard". CG 20 370704 @ ISO Properties, Inc., 2004 Page 1 oft 0 Pipeline Inspection Services, Inc. Policy #ENVP003749-03 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDED WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART TRANSPORTATION POLLUTION LIABILITY COVERGE PART SCHEDULE Name of Person or Organization: Any person or organization that is: 1. An owner of real or personal property on which you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request Is made prior to the date your operations for that person or organization commenced; and lo. A Certificate of Insurance evidencing that request has been Issued by your authorized Insurance agent or broker; or 2. A contractor on whose behalf you are performing operations, but only at the specific written request by that person or organization to you, and only if: a. That request is made prior to the date your operations for that person or organization commenced; and b. A Certificate of Insurance evidencing that request has been issued by your authorized insurance agent or broker. WAIVER OF SUBROGATION- If required by written contract or agreement, we waive any right of recovery we may have against any entity that is an additional insured shown in the Schedule above per the terms of this endorsement because of payments we make for injury or damage arising out of "your work"' performed under a contract with that person or orgarization. All other terms and conditions remain unchanged. RHIC6MB (01/10) Includes Copyrighted Material of Insurance Services Office, Inc. Page 1 of 1 with Its permission Pipeline Inspection Services, Inc. Policy # K98411 ADDITIONAL INSURED -AUTOMATIC STATUS WHEN REQUIRED IN WRIT- TEN AGREEMENT WITH YOU • PRIMARY This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM 1. Who Is an Insured under Section II - Liability Coverage is amended to include any person or or- ganization with whom you have agreed in writing in a contract or agreement that such person or or- ganization be added as an additional insured on your policy. Such persons or organizations are addi- tional insureds only with respect to liability arising CA -7214(10-98) out of operations performed for the additional in- sured by you. 2. The coverage provided by this endorsement will be primary and noncontributory with respect to any other coverage available to the additional insured. 3. The Limits of Insurance applicable to the addi- tional insured are those specified in the written con- tract or agreement or in the Declarations for this Coverage Form, whichever is less. These Limits of Insurance are inclusive and not in addition to the Limits of Insurance shown in the Declarations. ow sa ev m av ae 0 0 o m c c w rn O G o 0 o M M m Nvro U a fi H Pl N N G 04 T t N N a' m N N H � o u� t6 vro m N m m m a 6 N a r r r x a W N b v r m m bi W r' N o m r M m m S v a d m a a a10 W N ME H G o 0 0 0 0 0 N 3E O O O O v H o 0 0 0 a 211 w 0 G N Fi N 11 N N lP N 11 N � F a H N h N a C UU .Sro A H .Ni U Q 2 N o u�i n H a w o O q F Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Items moved from consent aaenda 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: August 11, 2015 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Republic Services Rate Republic Services Rate Adjustment Report and Schedule MEETING NOTES xi APPRO111ED Community Item/Presentations Presenter Contact Info./Notes eaw,o-tk �aezL J( AC) /I CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Page 1 of 14 REPUBLIC iiioi West Executive Drive, Boise ID 83713 SERVICES /� Office (208) 345-1265 MEMORANDUM TO: Mayor Tammy deWeerd Members of the Meridian City Council: Mr. Charlie Rountree, President Mr. Keith Bird, Vice President Mr. Joe Borton Mr. Luke Cavener Mr. Genesis Milam Mr. David Zaremba FROM: Dave Fisher, General Manager, Republic Services of Idaho DATE: August 4, 2015 SUBJECT: Annual Rate Adjustment for Solid Waste Collection Services as Presented to the Meridian Solid Waste Advisory Commission on July 22, 2015 Introduction Annually, solid waste collection rates are adjusted in accordance with Section z1 of our contract with the City of Meridian with an effective date of October 1. Republic Services presented the proposed rate adjustment to the Solid Waste Advisory Commission on July 22°d, who approved the proposal and recommended it be forwarded to City Council for consideration. This memorandum addresses our adjustment for the fiscal year 2o16. There are three components: (a) normal CPI adjustment $o.14, (b) adjustment due to change in Idaho law $0.03 forthe increase in fuel tax with the passage of House Bills 132 and 312 during the 2015 Legislative session, and (c) $0.24 for costs attributed to the Household Hazardous Waste Collection. This proposed rate adjustment reflects an increase of 2.43% or $0.42 per household per month beginning FY 2o16 and maintains Meridian's rank as middle of the pack in comparison to other Treasure Valley cities and Ada County for solid waste service fees assessed. CPI Adjustment Methodology Our contract allows costs be adjusted annually based upon Ninety (go) percent of the net percentage change for June in the Consumer Price Index for the Pacific Northwest.. The Pacific Northwest CPI index is no longer published so CPI for the Western Region of the United States is used. This year's change in CPI (at go%) is 1.o1%. The CPI adjustment is $0.14 per household. The commercial impact varies and is based on size and container frequency of collection. Change in Law— House Bills x32 and 33.2 There is a significant cost increase associated with the changes in law resulting from the passing of House Bills 132 and 312, which became effective July 1, 2o1S. The State fuel tax will increase from $0.25 to $0.32 per gallon, and the gaseous fuels permits, which we historically purchased from the Idaho State Tax Commission at $208 per truck per year, are Page 2 of 14 no longer be available. Natural gas will be taxed at the same rate as gasoline or diesel: $0.32 per gallon equivalent. The financial impact of the incremental tax increases (diesel and natural gas) under the current contract will be about $988 per month or $11,856 per year ($4,140 on natural gas, $7,716 on diesel). Section 23 of the FRANCHISE AGREEMENT TO PERFORM SOLID WASTE COLLECTION AND DISPOSAL SERVICES BETWEEN CITY OF MERIDIAN AND SANITARY SERVICE, INC., subsequently assigned to Republic Services, Inc., on April 1, 2012, anticipates such changes in law and allows the CONTRACTOR to request a change in customer rates to include the additional taxes. The residential impact is $0.03 per household per month based on 27k households. The commercial impact is $0.03 per cubic yard of trash and $0.26 per roll off haul. Household Hazardous Waste Collection The City of Meridian began to participate in the County's Household Hazardous Waste (HHW) program in October of 200o with once a month collection events. The revenue generated from the sale of residential curbside recyclables was used to pay for the time and materials necessary to run the event. The remaining funds eventually were split 8o/2o between City of Meridian and Republic Services respectively. Meridian's revenue established the Community Recycling Fund, an innovative community grant program. Over time, the City expanded the frequency of these very popular collection events from once a month to weekly events. From April 2012 to present, the cost of the HHW program has exceeded any net received from the sale of the recycling commodity. Meridian's HHW site has the highest participation rates and highest lbs. accepted in the County, for the last 3 years. During the same period of time, the commodities market for recyclables have steadily declined, and Republic Services has covered the cost of recycling paying out over $5ook in unreimbursed costs relating to both recycling and HHW. The demand for HHW service continues to grow. Weekly program cost is up 4% year over year. At the current run rate of $1,512 per week, the cost for 2015 will be $75,600 or $0.24 per household per month. The FY 2015 franchise fee of 6% will be about $636k. HHW cost is 12% of the total franchise fee. Republic Services respectfully requests to be relieved of subsidizing the HHW Collection program, and recommend costs be covered in a manner that is aligned with how other Treasure Valley cities fund their HHW programs. Summary Republic Services will continue to subsidize residential recycling (FYTD $67k), and respectfully requests to increase solid waste fees for ( a) change in CPI, (b) fuel tax increase due to change in law, and (c) household hazardous waste collection with rates effective on October 1, 2015. R !! !§ ---- OEM= ]|!);|);� ;!;])\§]R ;]!); «\.2l..�y,... ...\ .... ... /§b Wag R§; !!:;l;; I ;;l;!)) 1;;;! } A M\_ !/!!|! Igo f 8R \;.|! A 9 A 19!!! � !!!! 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L J �j C 0 J N c-5 L O . y, 2� 'O G - Cf -'O Y Y� Y� C O �p O m •C YO m Ul m C N J O m C Y ._ O_ m m v .L m N o_ m m I J O N 'U O cvinvm;4 J N N N W ,�` C cM.--U�3 L C U lL �' N cmO c0'oEm Ov vrna > m N O > N vmv 11//�� N N 16 N ._ N_ m'1v/�� N 01'41 O c W m'(U/_�� coawm o 01'11) a Ol m QI m C N > N Ol C m > N N C G 'O E_ N d V>. N u U > v N N J i c > 0 m S N> `I J >_ ❑ v 45 J t.. > m v 'y N J 1 m 0 1 C> a' J V .ay E N m> N C> a'S- N m> arJ m N v O W C>Y C N Q C> Y._ C C>LF• C c �- �p C>'F _ 1 U muy.U>, ry._ _ v J m V u` N G1 N N._ V m m OIN COO U p1N G'O J 01 N c'O U OIN O $ u W O1N cp N Zj` OIN C N i u 'In Eli jm0 ` u '� d C°O u '� `I Ol u 'in n o J y v aucE u'�n v CV v— uN Np' ._ UN m cp ._ _ ._ uN$'.E ,n M Yc L 'ave a 'gam ,no }'�a:p��imo at''.� +°'�ovpC'''�Z'aov v V E�,�w Y_ m Y Y v�'_ov,_._3�CV N m L U cvNnv N U N a fir' v 3 v .� .o m J .n v._ N� N a Inv C �• Y :� .� `n v In :o `�' .n Yo L v ro N ah9 v .�' i�L'V v cv�n�, 'c aY vU vnp ��am`mvaEa�-o` �'u? E n- o m KU E mK E f0K v J E E N �� '— m E m 01 y�JE m mEv01uC is N01 ay Ol m.i�N o L JJ Y 'o @01YC N01 aniOU N m C wa E ct_+ °�c� m E- j2 .J>U>.. >,1,, E=�vEcY ou Ju EcYac JO mJvTVC cv Ecvv vE=i.y u cv�v"'c J u fi E._ vE—YS.- u>. m u U �Ik� v'^i .mvE 'Nc UT m y and EomvEvlmEc N i -O yy '.�3 .L., v'G uJi m m my E`�%v m H E vJi NUENZi go vi m N iu rn Oc u m u rnvu m'-vm �� c'n�u EY= a1°u v c�-vc rn��u�rnu�m =-vcv-vcy a'nux CN u O.N U. nNu `i .o>=gid u U �'.>c_ •u U •'u = c �$.v mSv�iv�av uviK avSK owm-om E�avu��av uami�av vviK au E c _ J — v u V c c m c0 Y c U av v .—vo cm E E z cn Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: 7A PROJECT NUMBER: ITEM TITLE: Parks and Recreation Fall Fee Schedule Public Hearing: Proposed Fall 2015 Fee Schedule of the Meridian Parks and Recreation Department 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: August 11, 2015 ITEM NUMBER: 7B PROJECT NUMBER: ITEM TITLE: Resolution Parks and Rec Fee Schedule Resolution No. �: A Resolution Adopting the Fall 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 F x 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 CITY OF MERIDIAN RESOLUTION NO. E <�- l a{ 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.PARICS 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 July 20, 2015 and July 27, 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 ExhibitA 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 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. 2015. ADOPTED by the City Council of the City of Meridian, Idaho, this 11 th day of August, APPROVED by the Mayor of the City of Meridian, Idaho, this 11 th day of August, 2015. APPR ammy de rd, Mayor �� °nP2en nu<tt�y7 AT EST: r „c;ryof ^"-"�--ecc..,,-�. pp IDAHO SE -f '• i. 'Ff V rEk nl the (0.i �5U� ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 1 OF 1 Exhibit A CITY OF MERIDIAN NOTICE OF PUBLIC HE, { NOTICE IS HEREBY GIVEN 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, August 11, 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: Beginning Boys Break Dancing $30.00 & $37.00 Beginning Boys Break Dancing 1 $37.00 Beginning Jazz $30.00 & $37.00 Elementar Drawing $55.00 Family Tang Soo Do — hitermediate/Advanced Class $35.00 Feng Shui Way $38.00 & $47.00 Gentle Movement Stretch $28.00 & $35.00 Jazz 1 & 2 $37.00 Junior and Senior Cheerleading $28.00-$35.00 Junior and Senior Hip Hop $30.00 Learn To Love Lacrosse 1 Day Cam $12.00 Mobile App Design For Youth $145.00 Pop and Intro to Hip Hop $25.00 Robotics 1 Camp $95.00 Starlight Mountain Theatre Dinner and Show $48.00 Tumbling and Beyond $35.00 Yoga — Chair $35.00 DATED this l Ith day of August, 2015. PUBLISH on July 20 and July 27. CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 11, 2015 ITEM # 7A Project Number: Fall Zuib Narks and Kec Fee Project Name: Schedule PLEASE PRINT NAME FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: 7C PROJECT NUMBER: ITEM TITLE: Community Development Block Grant PY2015 Community Development Block Grant (CDBG) Annual Action Plan Public Hearing and Approval 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 CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE August 11, 2015 ITEM # 7C Project Number: Project Name: CDBG PY2015 Action Plan PLEASE PRINT NAME I FOR I AGAINST IN Co m m u n i t y D e v e l o p m e n t Bl o c k G r a n t 20 1 5 A n n u a l A c t i o n P l a n Pu b l i c H e a r i n g Au g u s t 1 1 , 2 0 1 5 PY 2 0 1 5 P r i o r i t i e s Ho u s i n g a c t i v i t i e s a n d P u b l i c f a c i l i t y im p r o v e m e n t s a n d p r o j e c t s t h a t b e n e f i t L o w - Mo d e r a t e I n c o m e ( L M I ) p e r s o n s i n t h e C i t y w i l l be t h e p r i m a r y f o c u s o f t h e P Y 2 0 1 5 A c t i o n P l a n . CD B G f u n d s w i l l a l s o b e i n v e s t e d i n p u b l i c se r v i c e a c t i v i t i e s t h a t s e r v e a n d w i l l b e n e f i t L M I re s i d e n t s o f t h e C i t y a n d w i l l a d v a n c e a s u i t a b l e li v i n g e n v i r o n m e n t . PY 2 0 1 5 A l l o c a t i o n s Ca t e g o r y & A c t i v i t y Ac t i v i t y T o t a l C a t e g o r i c a l T o t a l Ad m i n i s t r a t i o n & P l a n n i n g ( n o m o r e t h a n 2 0 % o f E n t i tl e m e n t G r a n t ) Ad m i n i s t r a t i o n $6 2 , 9 7 1 . 4 0 Fa i r H o u s i n g O u t r e a c h a n d E d u c a t i o n $3 , 0 0 0 . 0 0 SU B T O T A L $65,971.40 Su i t a b l e L i v i n g E n v i r o n m e n t Pu b l i c F a c i l i t y $1 6 4 , 3 9 3 . 5 6 Pi c n i c S h e l t e r - R e c r e a t i o n a l F a c i l i t y / M e r i d i a n E l e m e nt a r y $ 6 5 , 0 0 0 . 0 0 Fi v e M i l e P a t h w a y / M e r i d i a n P a r k s a n d R e c r e a t i o n $ 8 5 ,6 4 3 . 5 6 Bu i l d i n g B r u s h - U p / B o y s & G i r l s C l u b $ 1 3 , 7 5 0 . 0 0 Pu b l i c S e r v i c e ( n o m o r e t h a n 1 5 % o f E n t i t l e m e n t G r a nt ) $49,478.55 Hu n g e r R e l i e f / M e r i d i a n F o o d B a n k $ 3 1 , 2 7 8 . 5 5 Ho m e l e s s C a s e M a n a g e m e n t / C A T C H $ 1 3 , 2 0 0 . 0 0 Se n i o r ’ s R e s o u r c e G u i d e / S e n i o r A d v i s o r y C o u n c i l $ 5 , 0 00 . 0 0 SU B T O T A L $2 1 3 , 8 7 2 . 1 1 De c e n t H o u s i n g Ho m e s $1 0 0 , 0 0 0 . 0 0 Do w n - p a y m e n t A s s i s t a n c e / N e i g h b o r h o o d H o u s i n g S e r v i c es $ 5 0 , 0 0 0 . 0 0 ($4 9 , 9 8 6 . 5 1 from PY ’ s 1 1 , 1 2 & 1 3 ) Do w n - p a y m e n t A s s i s t a n c e / B o i s e C i t y A d a C o u n t y H o u s i ng A u t h o r i t y $ 5 0 , 0 0 0 . 0 0 SU B T O T A L $1 0 0 , 0 0 0 . 0 0 TO T A L $329,857.00 Di s t r i b u t i o n o f F u n d s De s c r i p t i o n o f A c t i v i t i e s Pu b l i c S e r v i c e A c t i v i t i e s (c a p p e d a t 1 5 % o f e n t i t l e m e n t g r a n t ) Me r i d i a n F o o d B a n k : H u n g e r R e l i e f P r o g r a m $3 1 , 2 7 8 t o p u r c h a s e f o o d t o b e d i s t r i b u t e d t o p e r s o ns and fa m i l i e s i n n e e d . B a s e d o n t h e i r a b i l i t y t o l e v e r a g e a d d i t i o n a l re s o u r c e s , t h e M F B h a s a n c o n s i d e r a b l e a b i l i t y t o m ake their gr a n t a w a r d e x t e n d i t s v a l u e , i n c r e a s i n g t h e b e n e f i t Se n i o r A d v i s o r y B o a r d : S e n i o r ’ s R e s o u r c e G u i d e $5 , 0 0 0 t o d e v e l o p a n d p r o d u c e a u s e f u l t o o l i n t e n d e d to be n e f i t M e r i d i a n s e n i o r s . T h e p r o j e c t w i l l p r o v i d e cr i t i c a l in f o r m a t i o n t o s e n i o r s ( a n d f a m i l i e s o f s e n i o r s ) m o st i n n e e d o f qu i c k - r e f e r e n c e r e s o u r c e s f o r m u l t i p l e t y p e s o f a s s is t a n c e . De s c r i p t i o n o f A c t i v i t i e s Pu b l i c S e r v i c e A c t i v i t i e s (c a p p e d a t 1 5 % o f e n t i t l e m e n t g r a n t ) Ch a r i t a b l e A s s i s t a n c e t o C o m m u n i t y ’ s H o m e l e s s (C A T C H ) : C a s e M a n a g e m e n t S e r v i c e s Pr o j e c t f u n d s p a y ( $ 1 3 , 2 0 0 ) f o r s t a f f t i m e f o r o n e C A T C H em p l o y e e s e r v i n g h o m e l e s s f a m i l i e s i n M e r i d i a n . C A T CH ho u s e s h o m e l e s s f a m i l i e s a n d p r o v i d e s i n t e n s i v e c a s e ma n a g e m e n t t o a d d r e s s i s s u e s c o n t r i b u t i n g t o t h e f a mily’s ho m e l e s s e p i s o d e w h i l e p r e p a r i n g t h e f a m i l y f o r s e l f- su f f i c i e n c y . De s c r i p t i o n o f A c t i v i t i e s Pu b l i c F a c i l i t y A c t i v i t i e s 5- M i l e C r e e k P a t h w a y , P a r k s & R e c r e a t i o n In v e s t $ 8 5 , 6 4 3 t o e x t e n d t h e c u r r e n t p a t h w a y f r o m E ast Ba d l e y A v e n u e t o E a s t F a i r v i e w ( a p p r o x i m a t e l y 1 3 0 0 ft). This pr o j e c t c o m p l e t e s a c o n n e c t i o n s e g m e n t t h r o u g h t h e center of an L M I a r e a , p r o v i d i n g a n o n - v e h i c u l a r a m e n i t y f r o m Pine to Fa i r v i e w . Me r i d i a n E l e m e n t a r y , P i c n i c S h e l t e r - R e c r e a t i o n a l Fa c i l i t y Pr o v i d e $ 6 5 , 0 0 0 f o r t h e c o m p l e t i o n o f a c o m m u n i t y g athering ar e a o n t h e f i e l d a d j a c e n t t o t h e s c h o o l . A d d i t i o n a ll y , di l a p i d a t e d r e c r e a t i o n e q u i p m e n t w i l l b e r e m o v e d a n d a new ba c k s t o p w i l l b e i n s t a l l e d f o r j o i n t - u s e b y t h e c o l lo c a t e d L M I co m m u n i t y , c r e a t i n g a p a r k - l i k e s e t t i n g i n t h e h e a r t o f t h e L M I . De s c r i p t i o n o f A c t i v i t i e s Pu b l i c F a c i l i t y A c t i v i t i e s Me r i d i a n B o y s & G i r l s C l u b “ B r u s h U p ” $1 3 , 7 5 0 w i l l b e u s e d t o e n h a n c e t h e e x t e r i o r o f t h e c u r r e n t Bo y s & G i r l s c l u b b u i l d i n g . T h i s w i l l a e s t h e t i c a l l y i m p r o v e t h e lo c a t i o n t o b e o n p a r w i t h t h e G y m n a s i u m c u r r e n t l y being co n s t r u c t e d o n s i t e . De s c r i p t i o n o f A c t i v i t i e s Pr o g r a m A d m i n i s t r a t i o n Pr o g r a m A d m i n i s t r a t i o n i s c a p p e d a t 2 0 % o f t h e a n n u al al l o c a t i o n . T h e C i t y i s a l l o c a t i n g $ 6 2 , 9 7 1 , w h i c h is a p p r o x i m a t e l y 20 % o f P Y 2 0 1 5 ’ s a l l o c a t i o n , f o r a d m i n i s t r a t i v e f u n c ti o n s i n c l u d i n g pr e p a r i n g r e q u i r e d r e p o r t s , c o n t r a c t a d m i n i s t r a t i o n , c i t i z e n pa r t i c i p a t i o n , s u b - r e c i p i e n t m o n i t o r i n g , a n d e n v i r on m e n t a l re v i e w s , a n d p l a n n i n g f o r t h e u p c o m i n g 2 0 1 7 - 2 0 2 1 C o nsolidated Pl a n a n d A n a l y s i s o f I m p e d i m e n t s . Fa i r H o u s i n g O u t r e a c h a n d E d u c a t i o n Th e C i t y i s a l l o c a t i n g $ 3 , 0 0 0 t o c a r r y o u t a c t i v i t i es r e l a t e d t o t h e ad o p t e d F a i r H o u s i n g A c t i o n P l a n i n c l u d i n g p a r t i c i p at i o n i n t h e re g i o n a l f a i r h o u s i n g a w a r e n e s s c a m p a i g n . Al t e r n a t e A c t i v i t i e s ( U n f u n d e d ) Si d e w a l k I m p r o v e m e n t s , M e r i d i a n De v e l o p m e n t C o r p o r a t i o n MD C w i l l i n v e s t $ 4 0 , 0 0 0 t o e n h a n c e , c o n s t r u c t o r r e pa i r s i d e w a l k se g m e n t s w i t h i n t h e L M I A r e a . Fa c a d e I m p r o v e m e n t s , M e r i d i a n De v e l o p m e n t C o r p o r a t i o n MD C w i l l i n v e s t $ 4 0 , 0 0 0 t o e n h a n c e r e p a i r f a c a d e s o f l o c a l bu s i n e s s e s w i t h i n t h e d e s i g n a t e d S l u m & B l i g h t a r e a o f t h e C i t y (c o n t i n g e n t u p o n c o m p l e t i o n o f a S l u m & B l i g h t s t u d y a n d su b s e q u e n t a p p r o v a l b y H U D ) . Pu b l i c C o m m e n t Du r i n g t h e p u b l i c c o m m e n t p e r i o d t h a t w a s o p e n e d o n Ju l y 6 , t h e C i t y r e c e i v e d N O c o m m e n t s . Ot h e r P u b l i c C o m m e n t s – A n y c o m m e n t s o r t e s t i m o n y ma d e t o d a y w i l l b e i n c o r p o r a t e d i n t h e P Y 2 0 1 5 A c t i o n Pl a n . Re q u e s t e d A c t i o n So l i c i t P u b l i c C o m m e n t Cl o s e t h e p u b l i c h e a r i n g t h a t w a s o p e n e d o n Ju l y 6 f o r t h e 2 0 1 5 A c t i o n P l a n Ad o p t t h e 2 0 1 5 A c t i o n P l a n a s p r e s e n t e d . Di r e c t s t a f f t o s u b m i t t h e D r a f t P l a n t o H U D fo r r e v i e w a n d a p p r o v a l . Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: 7D PROJECT NUMBER: ITEM TITLE: Resolution Development Block Grant Resolution No. K /080 : PY2015 Community Development Block Grant (CDBG) Annual Action Plan Public Hearing and Approval MEETING NOTES )fP 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. f�— jG>k,,,— BY THE CITY COUNCIL: BIRD, BORTON, CAVENER, MILAM, ROUNTRE E, ZAREMBA A RESOLUTION APPROVING SUBMISSION AND ADOPTION OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2015 DRAFT ACTION PLAN TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST THE SAME ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is necessary that an annual action plan be submitted to the United States Department of Housing and Urban Development ("HUD") in order to receive Community Development Block Grant ("CDBG") funding for the Program Year of 2015; and WHEREAS, the City held a public hearing on the Program Year 2015 Action Plan on August 11, 2015, and held a public comment period on the draft application materials from July 6, 2015 to August 11, 2015. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Draft Program Year 2015 Action Plan and its certification documents, copies of which are attached hereto as EXHIBIT A and incorporated herein by reference, be, and the same hereby are, adopted as to both form and consent. Section 2. That the Mayor and the City Clerk be, and they hereby are, authorized to respectively execute and attend the certifying documents for the Draft Program Year 2014 Action Plan for and on behalf of the City of Meridian. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. (lir ADOPTED by the City Council of City of Meridian, Idaho this ( day of 2015. / APPROVED by the Mayor of the City of Meridian, Idaho, this / r day of S 2015. �t APPROVED:_._.__..—___—_ ATTEST; Mayor Tam y>'iy de Weerd Crryop 20 n SEAL, V P 4r of rh+ TAE a5uP4, RESOLUTION ADOPTING CDBG DOCUMENTS —Page Holman, City Clerk TABLE OF CONTENTS EXECUTIVE SUMMARY 1. Introduction...............................................................................................................................6 11. Evaluation of Past Performance..............................................................................................9 111. Summary of Citizen Participation Process 91.220(b).........................................................11 IV. Summary of Resources 91.220(c)(1) and(C)(2)..................................................................15 V. Annual Objectives 91.220(c)(3)............................................................................................18 VI. Description of Activities 91.220 (d) and(e).........................................................................21 a. Description of 2015 Housing Activities b. Description of 2015 Public Service Activities c. Description of 2015 Public Facility Activities d. Description of 2015 General Program Administration e. Description of 2015 Fair Housing Activities VII. Geographic Distribution and Obstacles to Addressing Underserved Needs ..................27 VIII. Additional Requirements.......................................................................................................30 a. Annual Affordable Housing Goals 91.220 (g) b. Public Housing 91.220 (h) c. Homeless and Special Needs 91.220 (i) d. Barriers to Affordable Housing 91.220 (j) e. Other Actions 91.220(k) IX. Program Specific Requirements 91.220(11)(1).....................................................................33 a. Program Income b. Activities to Benefit LMI persons c. Monitoring APPENDICES Appendix A: Tables 3A Summary of Specific Annual Objectives................................................35 3B Annual Affordable Housing Completion Goals.....................................37 3C Consolidated Plan Listing of Projects.....................................................38 AppendixB: Certifications..................................................................................................50 AppendixC: SF 424..............................................................................................................50 AppendixD: Public Notices.................................................................................................61 City of Meridian, Idaho 2 2015 DRAFT Action Plan EXECUTIVE SUMMARY City of Meridian, Idaho 2015 DRAFT Action Plan Executive Summary Meridian Program Year 2015 Action Plan As an Entitlement Community, the City of Meridian receives CDBG funds each year from the U.S. Department of Housing and Urban Development. Program Year 2015 (PY2015) funding for the City of Meridian is anticipated in the amount of $329,857. De -obligated funds from PY2011, PY2012, and PY2013 total $49,478.55, and will be used for one (1) additional activity during PY2015. Funds will be used to address priorities within the HUD performance measurement system to: (1) create a suitable living environment and (2) provide decent housing. During the PY2015, Meridian intends to focus on investing in public facility projects located in and around the LMI neighborhoods and/or benefitting the City's LMI residents. Meridian will also invest CDBG funds in public services to benefit LMI persons and to advance a suitable living environment. In addition to these public facilities and public services, Meridian will also use the remainder of Non -Administrative funds to assist in providing decent housing to LMI homebuyers. Suitable Living Environment Public Facility Picnic Shelter -Recreational Facility/Meridian Elementary Five Mile Pathway/Meridian Parks and Recreation Building Brush-Up/Boys & Girls Club Public Service (no more than 15% of Entitlement Grant) Hunger Relief/Meridian Food Bank Homeless Case Management/CATCH Senior's Resource Guide/Senior Advisory Council F8t13 till11 $65,000.00 $85,643.56 $13,750.00 $31,278.55 $13,200.00 $5,000.00 $164,393.56 $49,478.55 TOTAL $329,857.00 City of Meridian, Idaho 2015 DRAFT Action Plan SECTION I Introduction City of Meridian, Idaho 2015 DRAFT Action Plan Section I Introduction Purpose of this Document. The City of Meridian is a designated entitlement community by the U.S. Department of Housing and Urban Development (HUD). This designation allows the City to receive funds from HUD's Community Development Block Grant (CBDG) Program. The 2015 program year will mark the City's ninth year as an entitlement community. Federal regulations (24 CFR § 91.200(a) and 91.220) require the City to submit an action plan each year that describes how CDBG funds will be invested in the community. The 2015 Action Plan was developed with a strong emphasis on community input, and follows the Citizen Participation Plan set forth in Meridian's 2012-2016 Consolidated Plan. Through this planning effort, the City has prepared strategies, which will guide program expenditures over the next Program Year (PY); October 1, 2015 through September 30, 2016. City of Meridian CDBG Program Mission Statement. In accordance with the overarching goals of the CDBG program, as set forth in 24 CFR § 91.1(a)(1), the City's mission is to utilize CDBG funding to develop a viable urban community by providing decent housing, providing a suitable living environment, and expanding economic opportunities principally for low/moderate income (UMI) persons. The City's primary means toward this end shall be to extend and strengthen partnerships among all levels of government and the private sector, including for- profit and non-profit organizations. Consolidated Plan. A consolidated plan must be submitted every three to five years to receive federal CDBG funds. The Consolidated Plan typically results from a collaborative process where a community can scrutinize its current situation and establish a unified vision for community development actions. The City of Meridian's Consolidated Plan spans program years 2012 through 2016 and addresses the community's most critical housing and community development needs. The PY2012 Action Plan represented the first year using the 2012 — 2016 Consolidated Plan; the PY2015 Action Plan is the fourth year under the current Consolidated Plan. Action Plan. For every year identified in the Consolidated Plan, the City of Meridian is required to prepare a one-year Action Plan to notify citizens and HUD officials of the City's intended actions to occur during that specific year. The PY2015 Action Plan identifies the objectives the City hopes to achieve from October 1, 2015 through September 30, 2016, and outlines the activities the City will undertake to achieve those objectives. Consolidated Annual Performance and Evaluation Report (CAPER). At the end of each program year, the City of Meridian prepares a Consolidated Annual Performance and Evaluation Report (CAPER) to provide information to its constituents and HUD about that year's accomplishments. This information allows HUD, city officials, and the general public to evaluate the City's City of Meridian, Idaho 2015 DRAFT Action Plan performance and determine whetherthe activities undertaken during the year helped to (1) meet the City's five-year goals and (2) address priority needs identified in the Consolidated Plan and the Annual Action Plan. This annual performance report, prepared with public review and comment, is submitted to HUD annually no later than December 31. Submittal to HUD. In compliance with 24 CFR § 91.15(a), and in order to maintain continuity in its program and provide accountability to citizens, the City shall submit this action plan no later than August 16, 2015. The City shall submit on an annual basis a summary of its citizen participation and consultation process, an annual action plan, and all required certifications. At least every five years, the City shall submit a housing and homeless needs assessment, market analysis and strategic plan. City of Meridian, Idaho 2015 DRAFT Action Plan SECTION II Evaluation of Past Performance City of Meridian, Idaho 2015 DRAFT Action Plan Section II Evaluation of Past Performance Since 2007, Meridian has successfully managed $2,074,080 (an average of $259,260) in resources from its annual CDBG allocation. Over these eight years, the City's expenditures from its CDBG allocation have produced the following results: ■ Provided case management to 5 homeless Meridian families in efforts to place them into decent, affordable housing. • Assisted 15 new homeowners to purchase homes. ■ Completed three fagade improvement projects with the Meridian Development Corporation. • Provided over 204,000 persons with food through the Meridian Food Bank. • Initiated a transportation service for the local Boys and Girls Club. ■ Provided scholarships to over 79 children to attend fee-based programs at the local Boys and Girls Club • Completed 10 public facility projects. • Completed 349 code enforcement cases within the downtown UMI area. The City successfully produced Consolidated Annual Performance and Evaluation Reports (CAPERS) for Program Years 2007, 2008, 2009, 2010, 2011, 2012 and 2013—for the period beginning October 1, 2007 and ending September 30, 2014. The CAPERS demonstrated that over 90 percent of the funds expended during the previous program years were invested into activities benefiting low to moderate income individuals and families, well over the 70 percent statutory minimum requirement. The City did not exceed the regulatory caps of 20 percent for administration and planning. The maximum funding available under CDBG regulations, 15% of the annual entitlement, was made available for public service activities. The City has met its expenditure of grant funds deadlines imposed by HUD each year. City of Meridian, Idaho 2015 DRAFT Action Plan SECTION III Summary of Citizen Participation Process City of Meridian, Idaho 10 2015 DRAFT Action Plan Section III Summary of Citizen Participation Process The City of Meridian employs a comprehensive citizen participation process for all CDBG projects and activities. The City solicits input from Meridian residents in all phases of its Community Development efforts, from the initial planning and project/program implementation to reporting and assessing accomplishments/outcomes. This process fosters the open and inclusive identification of needs and delivery of services to City residents. It also helps to ensure that the overall direction of the CDBG program is (1) consistent with residents' expectations and (2) responsive to neighborhood and stakeholder concerns. The City works with non-profit organizations to encourage the participation of program beneficiaries, including low- and moderate -income residents. Bi -lingual services and additional assistance for persons with disabilities are available upon request. Meridian went through an extensive citizen participation process for the development of the 2012-2016 Consolidated Plan. That process yielded valuable results and greatly shaped the formation of the City's five year plan for utilization of the grant funds. The citizen participation process for the 2015 Action Plan followed the process identified in the City's Citizen Participation Plan, adopted with the 2012-2016 Consolidated Plan. The process consisted of the following: 2015 Dates ■ March 23: Public CDBG Workshop to provide information and seek input from non- profit organizations and potential sub -recipients. • June 16: City Council Annual Pre -draft Prioritization Hearing ■ July 6/7 and July 20: Legal Notice for public comment period and public hearing published in Valley Times and Idaho Statesman. • July 6 - August 11: Public Comment Period on Annual Action Plan ■ August 11: Public Hearing on Annual Action Plan City of Meridian, Idaho 11 2015 DRAFT Action Plan Figure III -1. Survey Distribution, City of Meridian, 2011 S.�.�: BBC Research & Consulting and City of Meridian. Organizations Contacted Distribution IVl Berns Ada County Boys and Girls Club City of Meridian website Ada County Housing Authority City of Meridian electronic newsletter Chief Joseph Elementary School City of Meridian Facebook page City of Meridian City Clerk City of Meridian Twitter page City of Meridian Planning Department HOA email distribution lists EI Ada Community Action Partnership Press release to local newspapers Friends in Action Public school email list Idaho Legal Aid Services Utility bills Idaho Office for Refugees Intermountain Fair Housing Council Linder Elementary School Meridian Community Center Meridian Elementary School Meridian Food Bank Meridian High School Meridian Library Meridian Middle School Meridian Senior Center Terry Reilly Health Services United Way of Treasure Valley The resident survey was administered between November 16th and December 15th of 2011 during the 2012-2016 consolidated planning process. The survey asked residents to identify the level of need for a variety of CDBG-eligible activities falling within the following categories: community facilities, infrastructure, special needs, community services, neighborhood services, businesses and jobs and housing. A total of 330 residents participated in the survey. Efforts made to broaden citizen participation. Because not all residents have access to the internet or read the public notices published in the newspapers, the City designed posters to be displayed at different locations throughout LMI neighborhoods. The posters informed the public about the CDBG program, anticipated projects, and the opportunity to provide comments on the plan. The posters were displayed at the Meridian Food Bank, the Meridian Boys and Girls Club, the Meridian Library, and Meridian City Hall. In addition, the City utilized social media to reach out to citizens who might not otherwise know about the program. Outreach process for draft plan. The City invited comment on the draft 2015 Action Plan from July 6, 2015 through August 11, 2015. A public meeting was held on August 11, 2015 at the accessible City Hall location. City of Meridian, Idaho 12 2015 DRAFT Action Plan Advertising for the comment period was accomplished through the City's website and legal advertising. Advertisements announcing the availability of plans, the public hearing and comment period were published in the Idaho Statesman and the Valley Times on July 6/7 and 20, 2015 (see Appendix D). The draft plans were made available at the City offices and on the City's website during the comment period. Comments were accepted via e-mail, mail and in-person at the City's Community Development Department. Summary of comments. City of Meridian, Idaho 13 2015 DRAFT Action Plan SECTION IV Summary of Resources City of Meridian, Idaho 14 2015 DRAFT Action Plan Section IV Summary of Resources The 2015 Action Plan represents an allocation of $329,857. lqource�ComRonents gf,2015 Action'Plan Funtls= 2015 CDBG Entitlement Grant $329,857 Pro ram Income $0.00 Total Re�enue:Allocatod v $2,89,857 , There are a number of additional funding sources that may be utilized to fund specific projects. Where these resources are known, they have been delineated within the project descriptions. The City of Meridian receives CDBG funds directly through its annual entitlement; this is the only HUD funding that the City directs toward projects. Non-profit organizations utilize other federal, state, and private grant funds. Public Housing programs including Family Self - Sufficiency, Section 8, and Public Housing Comprehensive Grants provide additional funding. Other federal funds made available for use in the city include Section 8, administered by Ada County Housing Authority and low-income housing tax credits administered by the Idaho Housing and Finance Association. There are no public housing units in Meridian. Entities in Ada County receive approximately $964,970 in Continuum of Care funding from HUD to provide funding for transitional and permanent housing and supportive services for homeless individuals and households. Over the years, many of the City's partner agencies and organizations have been able to leverage funds within their own budgets to make the most of the CDBG funds that they have been allocated. For the current year, the proposed funds to CATCH represent only fraction of that agency's total budget, but the CDBG allocation from the City represents an important component to increasing the services provided in Meridian. Likewise the funds allocated to the Meridian Food Bank represent a small but important component to that organization's operating budget. While the Food Bank receives many donations of food, the CDBG funds are used to purchase, in bulk, needed food supplies in order to round out the contributions from the community. When the Food Bank utilizes CDBG funding to purchase food, it is in conjunction with developed relationships with local grocery stores that provide deep discounts on the food being purchased. In this way, the CDBG funds are multiplied many times over in the benefit they are providing to those in need. City of Meridian, Idaho 15 2015 DRAFT Action Plan Federal, State, and Local Resources. CDBG and City general funds are available to support program activities. The City may consider additional partnerships with Meridian Development Corporation (MDC) and Ada County Housing Authority (ACHA) to leverage available resources and achieve maximum results. The following funding sources have been identified to help address the needs of low/moderate income (LMI) individuals and families. Some resources may be directly leveraged to help fund CDBG eligible activities, in which case all HUD regulations and requirements regarding matching will be satisfied, pursuant to 24 CFR § 91.220(c)(2). While other resources may not be able to contribute directly toward CDBG-eligible activities, they may be able to provide assistance to related support programs. These leveraged funds will be tracked and fecleraJ'Ressources US. Department of Housing and Urban Development: Section 8 Housing Choice Voucher Program HOME Investment Partnership Program Emergency Shelter Grant Housing Opportunities for Persons with AIDS U.S. Department of Health and Human Services U.S. Department of Education Federal Housing Administration Homeownership Program Fannie Mae Federal Emergency Management Administration U.S. Veterans Administration documented as part of the compliance monitoring process. Idaho Community Foundation Idaho Housing and Finance Association Idaho Department of Education Idaho Department of Environmental Quality Idaho Association of Mortgage Brokers Idaho Department of Agriculture State Tax Credits Idaho Department of Health and Welfare: Community Service Grant Family and Child Services Public Health Services Domestic Violence Grant Idaho Children's Trust Fund Idaho Office on Aging Idaho Department of Justice Meridian General Funds Meridian Development Corporation Ada County Association of Realtors Ada County Housing Authority Neighborhood Housing Services Boise Valley Habitat for Humanity Supportive Housing and Innovative Partnerships EI -Ada Community Action Partnership United Way Faith -based organizations Local utility companies Individual and business donors Civic organization donations Volunteer in-kind services City of Meridian, Idaho 16 2015 DRAFT Action Plan SECTION V Annual Objectives City of Meridian, Idaho 17 2015 DRAFT Action Plan Section V Annual Objectives During Program Year 2015 the City intends to focus primarily on providing a suitable living environment for low -moderate income persons and investing in public facility improvements. Consistent with the survey results conducted during the preparation for the 2012-2016 Consolidated Plan, the City is focusing on public facility improvements to serve LMI residents and public services for seniors, persons at risk of homelessness and LMI residents. In previous program years the City has allocated funds to addresses Strategy 3 in the Consolidated Plan, which is to "Improve economic opportunities in the city's LMI areas." For the current program year, the CDBG Scoring Committee and the City Council determined that funds would be best utilized by investing in projects and activities to address Strategy 1 and 2 in the Consolidated Plan. Strategy 1 is to "Improve access to affordable housing opportunities for Meridian residents." Strategy 2 is to "Improve the lives of Meridian residents with special needs and residents at -risk of homelessness." A. Suitable Living Environment Strategies Strategy No. 2 Improve the lives of Meridian residents with special needs and residents at -risk of homelessness. • Objective 2.1: Support public service activities that serve the city's LMI residents. o HUD Specific Objective Category: Availability/Accessibility of Suitable Living Environment (SL -1) o Allocate a total of $49,478.55 for: 1) hunger relief through the local food bank ($31,278.55), 2) case management for homeless families through CATCH, Inc. ($13,200), and 3) a Senior Resource Guide to provide much needed quick - reference information to the city's elderly population ($5,000) ■ One Year Action Plan Outcome: 2200 people served • Objective 2.2: Invest in public facility improvements that serve persons with special needs and low income residents, as well as public facility improvements located in the city's LMI areas or serving LMI residents. o HUD Specific Objective Category: Availability/Accessibility of Suitable Living Environment (SL -3) o Allocate approximately $85,643 for a public facility project to serve LMI residents and/or the LMI area. o Allocate 13,750 for an enhancement to a public facility in the heart of the cities LMI area that will serve both immediate LMI area and LMI residents throughout the city. o Allocate $65,000 for two public facilities to be constructed in the heart of the cities LMI, providing community amenities to the block with the highest percentage of LMI residents. City of Meridian, Idaho 18 2015 DRAFT Action Plan ■ One Year Action Plan Outcome: 4 public facilities B. Decent Housing Strategy No. 1 Improve access to affordable housing opportunities for Meridian residents. • Objective 1.1: Address the need for affordable housing by supporting a down payment assistance program for qualifying households. o HUD Specific Objective Category: Availability/Affordability of Decent Housing (DH -1) o Allocate $100,000 for down payment assistance programs targeted to low - moderate income households purchasing a home in Meridian. ■ $49,986.51 of these funds will come from PY2011, 2012, and 2013 de - obligated funds. o One Year Action Plan Outcome: 5 households City of Meridian, Idaho 19 2015 DRAFT Action Plan SECTION VI Description of Activities City of Meridian, Idaho 20 2015 DRAFT Action Plan Section VI Description of Activities In PY2015, the City of Meridian will allocate 100% of all non -administrative funds on activities that benefit low- and moderate -income persons or households. This city will continue to monitor and evaluate its performance throughout the coming three-year certification cycle (Program Years 2015, 2016, and 2017) to make certain it will it will meet the required 70% expenditure to benefit LMI persons during the cycle. The City's PY2015 entitlement is anticipated at $329,857. A description of all the planned activities for PY2015 is identified below. A. Description of 2012 Housing Activities Down Payment Assistance Program Priority: Affordable Housing National Objective: Low Moderate Income Persons -housing activities (LMH) 570.208 (a)(3) Outcome Category: Affordability Outcome Measure: 5 households The City will partner with two housing service providers to assist qualified ILMI buyers to purchase a home in Meridian. The funds allocated to Neighborhood Housing Services (NHS) -- $50,000 and the Ada County Housing Authority (ACHA)--$50,000 will be used for down payment and closing cost assistance. As identified in the City's Consolidated Plan and Analysis of Impediments reports, many households in Meridian are interested in purchasing a home, but cannot afford the down payment for such a purpose. This activity is intended to address this need and broaden the homeownership opportunities for Meridian's LMI population. B. Description of 2015 Public Service Activities The City has allocated the maximum allowed amount of 15% for public service activities, $49,478.55. The allocation will be divided between three public service activities to address the availability/accessibility of a suitable living environment. Hunger Relief Program Priority: Suitable Living Environment, Public Services National Objective: Low Moderate Income Clientele (LMC) 570.208(a)(2)(i)(8) Outcome Category: Availability/Accessibility Outcome Measure: 2,000+ people assisted The City will provide support to the Meridian Food Bank in the amount of $31,278.55 for the purchase of food to be distributed to persons and families in need. The Food Bank continues to experience a heavy demand, and the provision of CDBG funding will enable to Food Bank to purchase and supply food to those in need. The ability for the Food Bank to leverage additional resources will exponentially increase the effectiveness of the award. City of Meridian, Idaho 21 2015 DRAFT Action Plan Homeless Family Case Management Priority: Suitable Living Environment, Public Services National Objective: Low Moderate Income Clientele (LMC) 570.208(a)(2)(i)(B) Outcome Category: Availability/Accessibility Outcome Measure: 5 Households The City will provide support to CATCH (Charitable Assistance to Community's Homeless) in the amount of $13,200 for the purpose of increasing staffing time for the one CATCH employee serving homeless families in Meridian. CATCH houses homeless families and provides intensive case management to address issues contributing to the family's homeless episode while preparing the family for self-sufficiency. No funds will be used for rental assistance. CATCH receives contributions from churches within the community to fund the rental assistance for the families in this program. Senior Resource Guide Priority., Suitable Living Environment, Public Services National Objective: Low Moderate Income Clientele — Presumed Benefit (LMC) 570.208(a)(2)(i)(A) Outcome Category: Availability/Accessibility Outcome Measure: 100+ people assisted The City will provide support to the Mayor's Senior Advisory Board in the amount of $5,000. This project will be to conduct research on relevant and useful resources for elderly persons, and ultimately create a short guide of these resources to distribute to the community in places frequented by seniors who would be in most need of this product (senior center, food bank, library, etc). C. Description of 2015 Public Facility Activities Meridian Picnic Shelter— Recreation Area Priority. Suitable Living Environment, Public Facility National Objective: Low -Moderate Income Persons, Area Benefit (LMA) 570.208(a)(1) Outcome Category: Availability/Accessibility Outcome Measure: 2 completed public facility Project funds ($65,000) will be used by Meridian Elementary School (a public school) to construct a Community Picnic Shelter and improve an on-site baseball diamond and backstop that is in disrepair. This project, in conjunction with a fitness path project being constructed in PY14, helps to bring together publicly useable facilities and creates an environment of community right in the heart of the city's LMI area. The project provides amenities to the LMI population that currently does not exist or are dilapidated. Creek Pathway Extension Priority: Suitable Living Environment, Public Facility National Objective: Low -Moderate Income Persons, Area Benefit (LMA) 570.208(a)(1) City of Meridian, Idaho 22 2015 DRAFT Action Plan Outcome Category: Availability/Accessibility Outcome Measure: 1 completed public facility Project funds (approximately $85,643) will be used by the City of Meridian Parks and Recreation Department to continue a pathway along the creek in an LMI area. The existing pathway terminates in the middle of a LMI area (Block Group 2, Census Tract 103.21), and will be continued to complete a section that will eventually connect to a separate LMI area (Block Group 1, Census Tract 103.33. This segment of the pathway will provide a direct northerly connection for LMI residents, and gives them an enhanced amenity and secondary option for pedestrian and bicycle travel. Boys and Girls Club Brush -Up Priority: Suitable Living Environment, Public Facility National Objective: Low -Moderate Income Persons, Area Benefit (LMA) 570.208(a)(1) Outcome Category: Availability/Accessibility Outcome Measure: 1 completed public facility The city will allocate $13,750 to the Meridian Boys & Girls Club. This project will visually improve the exterior of the building by providing new paint, enhancing the quality of life of the patrons, over 51% of whom are ILMI families. These families come from the local LMI areas and throughout the city. This project will also bring an enriched aesthetic to the LMI area in which it resides (Block Group 2, Census Tract 103.22), and compliment the new gymnasium currently under construction on site. D. Description of 2015 General Program Administration City of Meridian Community Development Department Community Development Block Grant Program Program Administration Costs 570.206 Planning Activities 570.205 Activities include preparing required reports and planning documents, contract administration, grant management, citizen participation, sub -recipient monitoring, fair housing education, environmental reviews, and the identification and development of programs to meet the needs of the community's lower income residents. The city needs to begin the consultation process and development of the next consolidated plan (2017-2021). The City will budget the allowed 20% cap of the CDBG program. The City is allocating $65,971.40 for administrative expenses. E. Description of 2015 Fair Housing Activities Fair Housing Activities 570.206(c) The City is allocating $3,000 for Fair Housing Activities in PY2015. In accordance with the Fair Housing Action Plan (FHAP) developed as a result of the Analysis of Impediments to Fair Housing Choice Report adopted on April 17, 2012, the table below identifies the activities the City anticipates working towards during PY2015. The activities and goals identified for PY2015 are based on the 5 -year Fair Housing Action Plan; however, if the City is unable to work on City of Meridian, Idaho 23 2015 DRAFT Action Plan some of these activities, the FHAP will be re-evaluated at the end of PY2015 in order to determine how best to proceed for PY2016. City of Meridian, Idaho 24 2015 DRAFT Action Plan FHAP Action Item Activities Lead Agency/ Funding Program Year 2015 Responsible Source/ Goals Entity Amount B�rrerlg(Fa�rllouSmg R�Iated gc#�v�ty/p}fforc�ble,iousmg)rlaelc pf'affordable hou`sing,f ,' ; , , ,, ..G 1.1 Preserve existing Meet with affordable City of Meridian, City of Conduct at least one affordable housing units housing owners and help CDBG Meridian, meeting with owners of in the city. encourage them to not let Administrator CDBG affordable housing units in contract on affordable Administration Meridian. units expire. 1.2 Convene an Liaise with the local City of Meridian, City of Identify any tools the city affordable housing task affordable housing task CDBG Meridian, could use to encourage force to investigate ways force to identify strategies Administrator CDBG affordable housing to develop new for use within the city of Administration development in Meridian. affordable housing. I Meridian. Bprjier Z �1>riTpeclimenCJsPoentiaiesient oppos+t(on to aordab(e hp4s16$ deue�opYnent, ,_, z „ ., ,, , ,.MAIN 2.1 Continue to Monetarily sponsor the City of Meridian, City of Sponsor the regional fair participate in regional regional fair housing CDBG Meridian, housing awareness fair housing awareness awareness campaign. Administrator CDBG campaign. campaign and tailor it Administration Design and distribute City of Meridian, City of Provide flyers and posters current needs. flyers and display posters CDBG Meridian, to at least 5 landlords and in Meridian specific to the Administrator CDBG 5 homeowner's current fair housing needs Administration associations in Meridian. in Meridian. ��Barrief 3 (Jmped�mehtJ,lir4t�ted 3.1 Continue to stay Research state and federal City of Meridian City of Create a list of potential engaged in regional transportation grants and Staff and Meridian Staff transportation grants the transportation planning determine if they could Meridian Time City may be interested in efforts, leverage local help support public transit Transportation applying for. resources for local planning efforts in Task Force transit opportunities and Meridian. seek partnerships. Meet as scheduled with City of Meridian City of Provide an update on any the Meridian Planning Staff Meridian Staff work the Meridian Transportation Time Transportation Task Force Commission, the ACHD or other committee's may Capital Improvement be doing related to public Citizen Advisory transportation in Meridian. Committee (ACHD CICAC), the COMPASS Regional Technical Advisory Committee (COMPASS RTAC).. far gr 4 (IL+JpedtmefftJ Lae_k,o und0rs;andi ng,by3deyelop�rs apse la]�d�odsspbouf,F�ousing aycessLbfli[y� ,r„eiJuuemerlts 4.1 Tailor fair housing As part of regional fair City of Meridian, City of Provide flyers and list of outreach campaign to housing awareness CDBG Meridian, information sources to at address the needs of campaign, address needs Administrator CDBG least 5 landlords in persons with disabilities. of persons with disabilities, Administration Meridian. such as including information about reasonable accommodations/ service animals. City of Meridian, Idaho 25 2015 DRAFT Action Plan 4.2 Expand outreach and Conduct a fair housing City of Meridian, City of Prepare to conduct a fair education to Meridian's training in Meridian CDBG Meridian, housing training for at landlords. specific to landlords. Administrator CDBG least 10 Meridian Administration landlords in coordination with the Cities of Nampa and Boise in 2017. 4.3 Train City Conduct an internal City of Meridian, City of Conduct an internal Community training for Community CDBG Meridian, training for at least 2 City Development staff on Development staff on fair Administrator CDBG Community Development ADA and fair housing housing design and Administration staff. design and construction construction guidelines. guidelines. City of Meridian, Idaho 26 2015 DRAFTAction Plan SECTION VII Geographic Distribution and Obstacles to Addressing Underserved Needs City of Meridian, Idaho 27 2015 DRAFT Action Plan Section VII Geographic Distribution and Obstacles to Addressing Underserved Needs Since the PY2014 Action Plan was approved, the city's LM area grew to encompass three (3) additional areas. The PY2015 projects which will be financed with CDBG funds are mapped below. The City intends to distribute 100% of its non -administrative CDBG funds through eight activities, all of which are intended to serve LMI individuals. These will take place primarily within the LMI Areas of the city, but will also assist LMI households and families throughout the city. 2015 Distribution of Funds -- I i Usticit � i Neighborhood Hausirt b Solutions 3 riL Housing Authahy cherry Nki rvi(ew - v 5 -Mile Pathvay Picnic ShelterfRecArea BoYs&Girls , Meridian Food Bank W " Senior AdviwryBoard w - Fklin r'an �i � � • . T a �,� Q I to to 4 CATCH Legend ❑ ILMI Area ° Public Facility Overland Housing Activity Or Public Service *Census block groups and tracts: Census Tract 103.21, Block Group 2; Census Tract 103.22, Block Groups 1, 2 & 3; Census Tract 103.33, Block Group 1; Census Tract 103.35, Block Group 2; As identified in the 2012-2016 Consolidated Plan (Section II, page 3), the City has no areas of minority concentration or any impact areas within the City. The Census block group with the largest proportion of non-white residents (14%) is block group 2 of Census tract 103.22, which encompasses the City's downtown business district. The Census block group with the largest City of Meridian, Idaho 28 2015 DRAFTAction Plan proportion of Hispanic residents (14%) is block group 2 of tract 103.21. This block group lies adjacent to the city's main downtown area. As identified in the 2012-2016 Consolidated Plan (Section IV, page 22), the City's basis for allocating investments has not and likely will not be geographically delineated within the City's boundaries. Funding is determined upon meeting national objectives, qualifying eligible activities, and a competitive application process. The Community Development Department hosts an annual CDBG Workshop where past, current, and potential future sub -recipients are invited to attend and hear about the goals and objectives for the coming program year. After the workshop, potential sub -recipients are encouraged to apply for CDBG funding for proposed projects or activities. All eligible applications are considered for funding within the context of the broad goals and objectives established in the Consolidated Plan. Funding recommendations under the 2015 Program Year were made in consideration of the goals and outcomes of the proposed project, the need that the project addresses, how the organization plans to carry out the project, and the degree to which the project or program addressed the priorities and objectives defined in the Consolidated Plan. Obstacles to meeting underserved needs. The greatest single obstacle to meeting underserved needs is the limited funding available to address identified needs. City of Meridian, Idaho 29 2015 DRAFT Action Plan SECTION VIII Additional Requirements City of Meridian, Idaho 30 2015 DRAFT Action Plan Section VIII Additional Requirements A. Affordable Housing The City is primarily working to address affordable housing in Program Year 2015 by focusing on the action items in the Fair Housing Action Plan as identified in Section VI, D. Although the City is not allocating any funds in PY2015 to affordable housing activities, the City will be partnering with the Ada County Housing Authority (ACHA) and Neighborhood Housing Services (NHS) for direct homebuyer assistance to ILMI families.. The City does not plan to provide monetary assistance for rental purposes in the upcoming program year, but will continue to facilitate discussions with area residents and service providers. B. Public Housing The City does not plan to contribute monetarily to expanding public housing in PY2015, but will continue to encourage homeownership for eligible buyers as described above. Further, the City will participate in the regional dialogue with neighboring communities and service providers to (1) define goals and formulate a public housing strategy, (2) identify potential funding sources to implement that strategy, and (3) involve new/broader segments of the community that have not been involved in such discussions in the past. C. Homeless and Other Special Needs In PY2015, CDBG funds will be invested in one activity specifically targeted to the objective to serve homeless families. Funds will be utilized by CATCH for intensive case -management for families whose homeless episode originates in Meridian. CATCH is a housing -first model and rental assistance for the program is paid for by donations from local churches. The City's efforts to address emergency shelter and transitional housing needs of homeless individuals and families, to prevent low-income individuals and families with children from becoming homeless, to help homeless persons make the transition to permanent housing and independent living, to address chronic homelessness, and to address the special needs of non -homeless persons will occur primarily through an ongoing partnership with the Boise City/Ada County Continuum of Care (CoC). The City is not a recipient of HOPWA formula grants. The City will participate in the CDC to identify ways of supporting area housing providers' efforts to increase affordable transitional and permanent housing facilities. The Boise City/Ada County Continuum of Care (CoC) works to provide supportive housing services to address the reasons for a persons' homelessness, which may include mental illness, disabilities, or fleeing from domestic violence. This CoC operates within Ada County, in which the City of Meridian is located. As additional information is obtained regarding homelessness within Meridian, the City will determine whether other federal, state or local/private funds can be leveraged with CDBG funding to effectively address these needs within the community in future program years. So City of Meridian, Idaho 31 2015 DRAFT Action Plan while the City has not set specific numeric goals to assist special needs populations during Program Year 2015, it does provide support for and coordinate with an existing CoC that does provide these supportive services. If one of the proposals the City chooses to fund under the CDBG grant should specifically benefit a Special Needs population (s), quantifiable goals will be established during the contracting phase. D. Barriers to Affordable Housing As identified in Section VI, the City completed an Analysis of Impediments to Fair Housing Choice report in Spring 2012. The report identified observations and impediments along with objectives and activities to address those impediments. The CDBG Administrator will conduct the identified activities in Section VI during 2015 Program Year. Additionally, and the 2012-2016 cycle comes to a close, the City will be conducting new consolidated planning activities and participating in a new Analysis of Impediments for the 2017-2021 cycle. E. Other Actions Over the course of the upcoming program year, the City will compile and disburse information on lead-based paint hazards in order to (1) educate the public, (2) gauge the prevalence of lead paint contamination, and (3) start to address the issue within the City. There is a wealth of information already available from HUD, the State, neighboring communities, and various organizations that staff will gather and make available at City Hall, on the City's website, and at other locations throughout the community. The City will continue to engage in the regional dialogue with neighboring communities and service providers to identify and address underserved needs, maintain affordable housing, and reduce the number of families living in poverty. City of Meridian, Idaho 32 2015 DRAFT Action Plan SECTION IX Program Specific Requirements City of Meridian, Idaho 33 2015 DRAFT Action Plan Section IX Program Specific Requirements A. Program Income None of the identified activities for the 2015 Program Year are intended to generate program income, and no past activities have ever generated program income. B. PY2015 CDBG Activities to Benefit LMI persons In PY2015, the City of Meridian will allocate 100% of all non -administrative funds on activities that benefit low- and moderate -income persons or households. In Program Years 2012 and 2013 the city expended 98.07% of all non -administrative funds on activities to benefit LMI persons or households, and the city anticipates a similar percentage at the conclusion of Program Year 2014. Therefore, the City is confident that it will meet the required 70% expenditure to benefit LMI persons for the three-year certification cycle (Program Years 2012, 2013, and 2014). This 2016 Action Plan will continue the trend of using the highest percentage of funds to benefit LMI persons. C. Monitoring The City will employ a combination of formal and informal procedures to ensure the effectiveness of the CDBG program. Each activity in the PY2015 Action Plan is unique, requiring different steps and participation of different partners. The CDBG administrator will maintain regular contact with implementing partners and HUD staff to ensure that activities proposed in the Action Plan (1) comply with CDBG program requirements, (2) move forward on appropriate timelines, (3) adequately forward the goals and objectives in the Consolidated Plan, and (4) are completed successfully. As potential issues are identified, City staff will promptly contact our HUD Community Planning and Development representative to discuss appropriate ways to avoid and/or address any problems. To ensure compliance with federal regulations, including those regarding the timeliness of expenditures, the program administrator will (1) update IDIS regularly as requests for payment disbursement and activity reimbursement are received, (2) concurrently maintain a spreadsheet that tracks collective CDBG expenditures among all program years, and (3) continue working with the Finance Department on ways to refine and improve financial monitoring procedures. The City will maintain detailed records to enable staff, HUD, auditors and the public to determine the status of each funded activity, as well as the overall program. The City will use a variety of techniques to monitor subrecipients and review for compliance. Expectations will be clearly outlined in sub -recipient agreements, tailored specifically to each City of Meridian, Idaho 34 2015 DRAFT Action Plan activity and subrecipient entity. Through phone conversations, written correspondence, desk monitoring, and on-site monitoring visits, staff will review each sub -recipient's ability to meet the program's financial, production, and overall management requirements and make necessary determinations or take necessary actions to preserve program integrity. The City will also establish a monitoring schedule to ensure activities are monitored "on-site' with some regularity. City of Meridian, Idaho 35 2015 DRAFT Action Plan Appendix A --Tables Table 3A Summary of Specific Annual Objectives Grantee Name: City of Meridian, Idaho Note: Activities that are not proposed for advancement in PY2015 are included in gray font. Decent Housing with Purpose of New or Improved Availability/Accessibility H-1 Specific Objective Source Year Performance Expected Actual Percent of Funds Indicators Number Number Completed DR N/A 2012 % 1.1 2013 % 2014 % 2015 % 2016 % MULTI-YEAR GOAL % Decent Housing with Purpose of New or Improved Affordabili H-2 Dn Address the need for CDBG 2012 Households 3 3 100% 2.1 affordable housing by 2013 1 2 200% supporting a down 2014 1 % payment assistance 2015 1 % program for qualifying 2016 1 % households. MULTI-YEAR GOAL 7 5 71% Decent Housing with Purpose of New or Improved Sustainabili H-3 DH N/A 2012 % 3.1 2013 % 2014 % 2015 % 2016 % MULTI-YEAR GOAL % Suitable Living Environment with Purpose of New or Im roved Availabili /Accessibili SL -1 SL Support public service 2012 People/Residents 2,000 65,000 >I00% 1.1 activities that serve the 2013 2,045 59,000 >100 % city's LMI residents. 2014 2,000 % 2015 2,000 % 2016 2,000 % MULTI-YEAR GOAL 10,045 124,000 >100 % Suitable Living Environment with Purpose of New or Im roved Affordability (SL -2) SL N/A 2012 % 2.1 2013 % 2014 % 2015 % 2016 % MULTI-YEAR GOAL % Suitable Living Environment with Purpose of New or Improved Sustainability (SL -3) SL Invest in public facility CDBG 2012 Public Facilities 1 0 0% 3.1 improvements that serve 2013 3 1 % person with special needs 2014 1 % and low income residents 2015 0 % or are located in LMI 2016 1 % areas. MULTI-YEAR GOAL 3 0 0% City of Meridian, Idaho 36 2015 DRAFT Action Plan Economic Opportunity with Purpose of New or Improved Availability/Accessibility (EO -1) Specific Objective Source Year Performance Expected Actual Percent of Funds Indicators Number Number Completed EO Support public service CDBG 2012 People/Residents 10 7 70% L1 activities that provide 2013 0 0 0% employment training or 2014 5 % job creation/retention for 2015 5 % the city's LMi residents. 2016 0 % MULTI-YEAR GOAL 20 7 35% Economic Opportuni ` with Pur ose of New or Improved Availabili /Aecessibili (EO -1 EO Invest in public facility 2012 Businesses or 0 0 % 1.2 improvements or activities 2013 public facilities 1 2 200% in the downtown area that 2014 1 % address one or more the 2015 0 % conditions which 2016 0 % MULTI-YEAR GOAL 2 2 100% contributed to the deterioration of the area. Economicopportuni with Purpose of New or Im roved Sustainability (EO -3) EO N/A 2012 % 3.1 2013 % 2014 % 2015 % 2016 % MULTI --YEAR GOAL % Neighborhood Revitalization (NR - NR N/A 2012 % 1.1 2013 % 2014 % 2015 % 2016 % MULTI-YEAR GOAL % Other (0-1) O N/A 2012 % 1.1 2013 % 2014 % 2015 % 2016 % MULTI-YEAR GOAL % Other (0-2) 0 N/A 2012 % 2.1 2013 % 2014 % 2015 % 2016 % MULTI-YEAR GOAL % City of Meridian, Idaho 37 2015 DRAFT Action Plan Table 3B Annual Affordable Housing Completion Goals Grantee Name: Program Year: Expected Annual Number of Units To Be Completed Actual Amoral Number of Units Completed Resources used during the period CDBG HOME ESG HOPWA BENEFICIARY GOALS (Sec. 215 Only) Homeless households ❑ ❑ ❑ ❑ Non -homeless households ❑ ❑ ❑ ❑ Special needs households ❑ ❑ ❑ ❑ Total Sec. 215 Beneficiaries* ❑ ❑ ❑ ❑ RENTAL GOALS (See. 215 Only) Acquisition of existing units ❑ ❑ ❑ Production of new units ❑ ❑ ❑ Rehabilitation of existing units ❑ ❑ ❑ ❑ Rental Assistance ❑ ❑ ❑ Total See. 215 Affordable Rental ❑ ❑ ❑ ❑ HOME OWNER GOALS (Sec. 215 Only) Acquisition of existing units ❑ ❑ Production of new units ❑ ❑ Rehabilitation of existing units ❑ ❑ Homebuyer Assistance ❑ ❑ ❑ Total Sec. 215 Affordable Owner ❑ ❑ ❑ ❑ COMBINED RENTAL AND OWNER GOALS Sec. 215 Only) Acquisition of existing units ❑ ❑ ❑ Production of new units ❑ ❑ ❑ Rehabilitation of existing units ❑ ❑ ❑ ❑ Rental Assistance ❑ ❑ ❑ Homebuyer Assistance ❑ ❑ ❑ Combined Total Sec. 215 Goals* ❑ ❑ ❑ ❑ OVERALL HOUSING GOALS Sec. 215 + Other Affordable Housing) Annual Rental Housing Goal ❑ ❑ ❑ ❑ Annual Owner Housing Goal ❑ ❑ ❑ ❑ Total Overall Housing Goal ❑ ❑ ❑ ❑ City of Meridian, Idaho 38 2015 DRAFT Action Plan Jurisdiction's Name: Priority Need: Project Title: Description: Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Program Administration PY2015 Program Administration The City's overall CDBG program management, coordination, monitoring, reporting, and evaluation will include the following types of assistance: Coordinating Fair Housing activities with regional partners • Ensuring compliance with the adopted Consolidated Plan • Preparing program budgets, schedules and amendments • Evaluating program results against stated objectives • Monitoring program activities for progress and compliance; audit and monitoring findings • Preparing reports and other documents for submission to HUD, to include Environmental Reviews • Developing agreements to carry out program activities • Updating the 5 -Year Consolidated Plan Objective Category: ❑Suitable Living Environment []Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Citywide as applicable HUD Objective Number Project ID HUD Matrix Code CDBG Citation 21A 24 CFR § 570.206 Type of Recipient C DBG National Objective Entitlement N/A Start Date Completion Date 10/1/2015 9/30/2016 Performance Indicator Annual Units N/A N/A Local ID Units Upon Completion N/A The primary purpose of the project is to help: Funding Sources CDBG $62,971.40 ESG HOME HOPWA Total Formula $62,971.40 Prior Year Funds Assisted Housing PHA Other Funding Total $62,971.40 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 39 2015 DRAFT Action Plan Jurisdiction's Name: Priority Need: Project Title: Description: Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Affirmatively Furthering Fair Housing Fair Housing Activities In order to affirmatively further fair housing and address the impediments that may hinder fair housing, the City will undertake the following activities in PY2015: • Meet with affordable housing task force quarterly to discuss strategies for developing new affordable housing units in Meridian. • Monetarily sponsor the regional fair housing awareness campaign. • Meet monthly with the Meridian Transportation Task Force, the ACHD Capital Improvement Citizen Advisory Committee (ACHD CICAC), the COMPASS Regional Technical Advisory Committee (COMPASS RTAC), and Meridian's Traffic Safety Task Force. • Conduct an internal training for Community Development (CD) staff on fair housing design and construction guidelines. Objective Category: ❑Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Citywide as applicable HUD Objective Number Project ID HUD Matrix Code CDBG Citation 21D 24 CFR § 570.206 Type of Recipient C DBG National Objective Entitlement N/A Start Date Completion Date 10/1/2015 9/30/2016 Performance Indicator Annual Units N/A N/A Local ID Units Upon Completion N/A The primary purpose of the project is to help: Funding Sources CDBG $3,000 ESG HOME HOPWA Total Formula $3,000 Prior Year Funds Assisted Housing PHA Other Funding Total $3,000 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 40 2015 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Facility Project Title: Meridian Elementary Picnic Shelter and Recreation Area Description: Meridian Elementary School (a public school) will utilize funds to purchase and install a community picnic shelter on the field west of the School. In addition, the school with use funds to remove existing dilapidated recreation equipment and install 1 new backstop and baseball diamond for community use. Objective Category: ®Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area 1035 NW 1st Street, Census Tract 103.22, Block Group 1—Shelter and Recreation Area Location Service area includes Census Tract 103.22, Block Groups 1 & 2 and 103.21, Block Groups 1 & 2 HUD Objective Number Project ID SL 3 HUD Matrix Code CDBG Citation 03F 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Subrecipient LMA Start Date Completion Date 10/1/2015 9/30/2016 Performance Indicator Annual Units Public facility 2 Local ID Units Upon Completion 2 public facilities The primary purpose of the project is to help: Funding Sources CDBG $65,000 ESG HOME HOPWA Total Formula $65,000 Prior Year Funds Assisted Housing PHA Other Funding Total $65,000 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 41 2015 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Facility Project Title: 5 Mile Creek Pathway (Phase II) Description: The 5 -mile creek pathway is an ongoing amenity project that travels directly through the LMI. It was identified as a desired connection with the city's Master Pathway Plan, creating a pedestrian/bike route for travel or recreation throughout the city. This segment connects discontinuous pathway in one LMI census tract and links it to another tract. The pathway will provide a safe, no motor vehicle connectivity to downtown Meridian, local businesses, places of employment and government agencies. Objective Category: ®Suitable Living Environment []Decent Housing ❑ Economic Opportunity Outcome Category: ® Availability/Accessibility ❑ Affordability ® Sustainability Location/Target Area Census Tract 103.21, Block Group 2—Pathway Segment Location Service area includes Census Tract 103.21, Block Groups 2 and 103.33, Block Group 1 HUD Objective Number Project ID SL 3 HUD Matrix Code CDBG Citation 03E 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Entitlement LMA Start Date Completion Date 10/1/2015 9/30/2016 Performance Indicator Annual Units Public Facility 1 Segment Local ID Units Upon Completion 1 public facilities The primary purpose of the project is to help: Funding Sources CDBG $85,643.56 ESG HOME HOPWA Total Formula $85,643.56 Prior Year Funds Assisted Housing PHA Other Funding Total $85,643.56 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 42 2015 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Facility Project Title: Boys & Girls Club Exterior "Brush -up" Description: Meridian Boys & Girls Club will utilize these funds to enhance the old exterior of their currently occupied building. This will align the old facility with the new Gymnasium currently being constructed on site with the painting of the old exterior. Over 51% of Boys & Girls Club patrons are below 80% Area Median Income. Objective Category: ®Suitable Living Environment []Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Census Tract 103.22, Block Group 1—Meridian Boys & Girls Club location HUD Objective Number Project ID SL 3 HUD Matrix Code CDBG Citation 03F 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Subrecipient LMA Start Date Completion Date 10/1/2015 9/30/2016 Performance Indicator Annual Units Public facility 1 Local ID Units Upon Completion 1 public facilities The primary purpose of the project is to help: Funding Sources CDBG $13,750 ESG HOME HOPWA Total Formula $13,750 Prior Year Funds Assisted Housing PHA Other Funding Total $13,750 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 43 2015 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Affordable Housing Project Title: Boise City / Ada County Housing Authority — Home Ownership Description: The City will provide funding for the Ada County Housing Authority to provide direct homeownership assistance to help LMI individuals purchase homes. Objective Category: []Suitable Living Environment ®Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ® Affordability ❑ Sustainability Location/Target Area City-wide as applicable. HUD Objective Number Project ID DH 2.2 HUD Matrix Code CDBG Citation 13 24 CFR § 570.201(n) Type of Recipient C DBG National Objective Subrecipient LMH Start Date Completion Date 10/1/2015 9/30/2016 Performance Indicator Annual Units Households 3 Local ID Units Upon Completion 3 The primary purpose of the project is to help: Funding Sources CDBG $50,000 ESG HOME HOPWA Total Formula $50,000 Prior Year Funds Assisted Housing PHA Other Funding Total $50,000 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 44 2015 DRAFTAction Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Affordable Housing Project Title: Neighborhood Housing Services — Home Ownership Description: The City will provide funding for Neighborhood Housing Services to provide direct homeownership assistance to help LMI individuals purchase homes in Meridian. $49,986.51 of these funds will come from de -obligated funds from Program Yeats (PY) 2011, 2012, and 2013. $13.49 of these funds will come from PY 2015, Objective Category: Outcome Category: Location/Target Area City-wide as applicable. ❑Suitable Living Environment ®Decent Housing ❑ Economic Opportunity ❑ Availability/Accessibility ® Affordability ❑ Sustainability HUD Objective Number Project ID DH 2.2 HUD Matrix Code CDBG Citation 13 24 CFR § 570.201(n) Type of Recipient C DBG National Objective Subrecipient LMH Start Date Completion Date 10/1/2015 9/30/2016 Performance Indicator Annual Units Households 2 Local ID Units Upon Completion 2 The primary purpose of the project is to help: Funding Sources CDBG $13.49 ESG HOME HOPWA Total Formula $13.49 Prior Year Funds ($49,986.51) (11; 12;13) Assisted Housing PHA Other Funding Total $50,000.00 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 45 2015 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Services Project Title: Hunger Relief, Meridian Food Bank Description: CDBG funding will assist the Meridian Food Bank in purchasing food and supplies related to their primary function: providing food to individuals and families in need. Objective Category: ®Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Meridian Food Bank, 133 W. Broadway Avenue, Census Tract 103.22, Block Group 2 HUD Objective Number Project ID SL 1 HUD Matrix Code CDBG Citation 05W 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 10/1/2015 9/30/2016 Performance Indicator Annual Units People 2,000 Local ID Units Upon Completion 2,000 The primary purpose of the project is to help: Funding Sources CDBG $31278.55 ESG HOME HOPWA Total Formula $31,278.55 Prior Year Funds Assisted Housing PHA Other Funding Total $31,278.55 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 46 2015 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Services Project Title: Homeless Family Case Management --CATCH Description: CDBG Funding will be utilized by CATCH to pay for staffing costs in order to increase the number of homeless families served in Meridian by this program. CATCH staff will provide intensive case management through a housing -first model for families who have become homeless in Meridian. Objective Category: ®Suitable Living Environment ®Decent Housing ❑ Economic Opportunity Outcome Category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area City-wide as applicable HUD Objective Number Project ID SL 1 HUD Matrix Code CDBG Citation 03T 24 CFR § 570.201(e) Type of Recipient CDBG National Objective Subrecipient LMC Start Date Completion Date 10/1/2015 9/30/2016 Performance Indicator Annual Units Households 5 Local ID Units Upon Completion 5 The primary purpose of the project is to help: Funding Sources CDBG $13,200 ESG HOME HOPWA Total Formula $13,200 Prior Year Funds Assisted Housing PHA Other Funding Total $13,200 ® The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 47 2015 DRAFT Action Plan Table 3C Consolidated Plan Listing of Projects "ALTERNATE PROJECT" Jurisdiction's Name: Priority Need: Project Title: Description: City of Meridian, Idaho Economic Development MDC Facade Improvements "ALTERNATE PROJECT" Partner with Meridian Development Corporation to complete multiple fapade improvements of buildings within a newly designated Slum & Blight Area. This project is an alternate "fall back" project and is contingent upon the City completing the Slum & Blight study and subsequent approval by HUD. Objective Category: ❑Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ® Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Slum & Blight Area as applicable HUD Objective Number Project ID EO 3 HUD Matrix Code CDBG Citation 14E 24 CFR § 570.202(a)(3) Type of Recipient CDBG National Objective Subrecipient SBA Start Date Completion Date 10/1/2015 9/30/2016 Performance Indicator Annual Units Facades Improved 1 Local ID Units Upon Completion 1 The primary purpose of the project is to help: Funding Sources CDBG $40,000 ESG HOME HOPWA Total Formula $40,000 Prior Year Funds Assisted Housing PHA Other Funding Total $40,000 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 48 2015 DRAFTAction Plan Table X Consolidated Plan Listing of Projects "ALTERNATE PROJECT" Jurisdiction's Name: Priority Need: Project Title: Description: City of Meridian, Idaho Economic Development MDC Fapade Improvements "ALTERNATE PROJECT" Partner with Meridian Development Corporation to complete installation or repair of sidewalk within the LMI. This project is an alternate "fall back" project. Objective Category: ®Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ® Availability/Accessibility ❑ Affordability ® Sustainability Location/Target Area Census Tract 103.21, Block Group 2; Census Tract 103.22, Block Groups 1, 2 & 3; Census Tract 103.33, Block Group 1; Census Tract 103.35, Block Group 2 HUD Objective Number Project ID SI -3 HUD Matrix Code CDBG Citation 03L 24 CFR § 570.201(c) Type of Recipient CDBG National Objective Subrecipient LMA Start Date Completion Date 10/1/2015 9/30/2016 Performance Indicator Annual Units Public Facility 1 Local ID Units Upon Completion 1 The primary purpose of the project is to help: Funding Sources CDBG $40,000 ESG HOME HOPWA Total Formula $40,000 Prior Year Funds Assisted Housing PHA Other Funding Total $40,000 ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs City of Meridian, Idaho 49 2015 DRAFT Action Plan Appendix B I414All IAW-11�III Eel yi In accordance with the applicable statutes and the regulations governing the consolidated plan regulations, the jurisdiction certifies that: Affirmatively Further Fair Housing --The jurisdiction will affirmatively further fair housing, which means it will conduct an analysis of impediments to fair housing choice within the jurisdiction, take appropriate actions to overcome the effects of any impediments identified through that analysis, and maintain records reflecting that analysis and actions in this regard. Anti -displacement and Relocation Plan --It will comply with the acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and implementing regulations at 49 CFR 24; and it has in effect and is following a residential anti - displacement and relocation assistance plan required under section 104(d) of the Housing and Community Development Act of 1974, as amended, in connection with any activity assisted with funding under the CDBG or HOME programs. Drug Free Workplace --It will or will continue to provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the grantee's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug-free awareness program to inform employees about (a) The dangers of drug abuse in the workplace; (b) The grantee's policy of maintaining a drug-free workplace; (c) Any available drug counseling, rehabilitation, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will (a) Abide by the terms of the statement; and (b) Notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace no later than five calendar days after such conviction; 5. Notifying the agency in writing, within ten calendar days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has City of Meridian, Idaho 50 2015 DRAFT Action Plan designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted (a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1, 2, 3, 4, 5 and 6. Anti -Lobbying --To the best of the jurisdiction's knowledge and belief: 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 contract, 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 contract, 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 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 this Federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and 3. It will require that the language of paragraph 1 and 2 of this anti -lobbying certification be included in the award documents for all sub -awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. Authority of Jurisdiction --The consolidated plan is authorized under State and local law (as applicable) and the jurisdiction possesses the legal authority to carry out the programs for which it is seeking funding, in accordance with applicable HUD regulations. Consistency with plan --The housing activities to be undertaken with CDBG, HOME, ESG, and HOPWA funds are consistent with the strategic plan. City of Meridian, Idaho 51 2015 DRAFT Action Plan Section 3 --It will comply with section 3 of the Housing and Urban Development Act of 1968, and 24 CFR Part 135. 1�' t / Date Title City of Meridian, Idaho 52 2015 DRAFT Action Plan Specific CDBG Certifications The Entitlement Community certifies that: Citizen Participation --It is in full compliance and following a detailed citizen participation plan that satisfies the requirements of 24 CFR 91.105. Community Development Plan --Its consolidated housing and community development plan identifies community development and housing needs and specifies both short-term and long-term community development objectives that provide decent housing, expand economic opportunities primarily for persons of low and moderate income. (See CFR 24 570.2 and CFR 24 part 570) Following a Plan --It is following a current consolidated plan (or Comprehensive Housing Affordability Strategy) that has been approved by HUD. Use of Funds --It has complied with the following criteria: 1. Maximum Feasible Priority. With respect to activities expected to be assisted with CDBG funds, it certifies that it has developed its Action Plan so as to give maximum feasible priority to activities which benefit low and moderate income families or aid in the prevention or elimination of slums or blight. The Action Plan may also include activities which the grantee certifies are designed to meet other community development needs having a particular urgency because existing conditions pose a serious and immediate threat to the health or welfare of the community, and other financial resources are not available); 2. Overall Benefit. The aggregate use of CDBG funds including section 108 guaranteed loans during program year(s) 2012, 2013, and 2014, (a period specified by the grantee consisting of one, two, or three specific consecutive program years), shall principally benefit persons of low and moderate income in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period; 3. Special Assessments. It will not attempt to recover any capital costs of public improvements assisted with CDBG funds including Section 108 loan guaranteed funds by assessing any amount against properties owned and occupied by persons of low and moderate income, including any fee charged or assessment made as a condition of obtaining access to such public improvements. However, if CDBG funds are used to pay the proportion of a fee or assessment that relates to the capital costs of public improvements (assisted in part with CDBG funds) financed from other revenue sources, an assessment or charge may be made against the property with respect to the public improvements financed by a source other than CDBG funds. The jurisdiction will not attempt to recover any capital costs of public improvements assisted with CDBG funds, including Section 108, unless CDBG funds are used to pay the proportion of fee or assessment attributable to the capital costs of public improvements financed from other revenue sources. In this case, an assessment or charge may be made against the property with respect to the City of Meridian, Idaho 53 2015 DRAFT Action Plan public improvements financed by a source other than CDBG funds. Also, in the case of properties owned and occupied by moderate -income (not low-income) families, an assessment or charge may be made against the property for public improvements financed by a source other than CDBG funds if the jurisdiction certifies that it lacks CDBG funds to cover the assessment. Excessive Force --It has adopted and is enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations; and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction; Compliance With Anti -discrimination laws --The grant will be conducted and administered in conformity with title VI of the Civil Rights Act of 1964 (42 USC 2000d), the Fair Housing Act (42 USC 3601-3619), and implementing regulations. Lead -Based Paint --Its activities concerning lead-based paint will comply with the requirements of 24 CFR Part 35, subparts A, B, J, K and R; Co pJiance-with-Laws --It will comply with applicable laws. Signature/ thorized Official Date Title City of Meridian, Idaho 54 2015 DRAFT Action Plan APPENDIX TO CERTIFICATIONS INSTRUCTIONS CONCERNING LOBBYING AND DRUG-FREE WORKPLACE REQUIREMENTS: A. Lobbying Certification 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 section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. B. Drug -Free Workplace Certification 1. By signing and/or submitting this application or grant agreement, the grantee is providing the certification. 2. The certification is a material representation of fact upon which reliance is placed when the agency awards the grant. If it is later determined that the grantee knowingly rendered a false certification, or otherwise violates the requirements of the Drug -Free Workplace Act, HUD, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug -Free Workplace Act. 3. Workplaces under grants, for grantees other than individuals, need not be identified on the certification. If known, they may be identified in the grant application. If the grantee does not identify the workplaces at the time of application, or upon award, if there is no application, the grantee must keep the identity of the workplace(s) on file in its office and make the information available for Federal inspection. Failure to identify all known workplaces constitutes a violation of the grantee's drug-free workplace requirements. 4. Workplace identifications must include the actual address of buildings (or parts of buildings) or other sites where work under the grant takes place. Categorical descriptions may be used (e.g., all vehicles of a mass transit authority or State highway department while in operation, State employees in each local unemployment office, performers in concert halls or radio stations). 5. If the workplace identified to the agency changes during the performance of the grant, the grantee shall inform the agency of the change(s), if it previously identified the workplaces in question (see paragraph three). 6. The grantee may insert in the space provided below the site(s) for the performance of work done in connection with the specific grant: Place of Performance (Street address, city, county, state, zip code) 33 E. Broadway Avenue, Meridian, Idaho 83642 Check if there are workplaces on file that are not identified here. City of Meridian, Idaho 55 2015 DRAFT Action Plan This information with regard to the drug-free workplace is required by 24 CFR part 21. 7. Definitions of terms in the Nonprocurement Suspension and Debarment common rule and Drug - Free Workplace common rule apply to this certification. Grantees' attention is called, in particular, to the following definitions from these rules: "Controlled substance" means a controlled substance in Schedules I through V of the Controlled Substances Act (21 U.S.C. 812) and as further defined by regulation (21 CFR 1308.11 through 1308.15); "Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes; "Criminal drug statute" means a Federal or non -Federal criminal statute involving the manufacture, distribution, dispensing, use, or possession of any controlled substance; "Employee" means the employee of a grantee directly engaged in the performance of work under a grant, including: (i) All "direct charge" employees; (ii) all "indirect charge" employees unless their impact or involvement is insignificant to the performance of the grant; and (iii) temporary personnel and consultants who are directly engaged in the performance of work under the grant and who are on the grantee's payroll. This definition does not include workers not on the payroll of the grantee (e.g., volunteers, even if used to meet a matching requirement; consultants or independent contractors not on the grantee's payroll; or employees of subrecipients or subcontractors in covered workplaces). City of Meridian, Idaho 56 2015 DRAFT Action Plan Appendix C Application for Federal Assistance SF -424 Version 02 *1. Type of Submission: *2. Type of Application If Revision, select appropriate letter(s) ❑ Preapplication ❑ New ® Application ® Continuation *Other (Specify) ❑ Changed/Corrected Application ❑ Revision 3. Date Received: 4. Applicant Identifier: 5a. Federal Entity Identifier: 5b. Federal Award Identifier: State Use Only: 6. Date Received by State: 7. State Application Identifier: 8. APPLICANT INFORMATION: *a. Legal Name: CITY OF MERIDIAN, IDAHO b. Employer/Taxpayer Identification Number (EINlTIN): c. Organizational DUNS: 82-6000225 028 451 367 d. Address: *Street 1: 33 E. Broadway Street 2: *City: Meridian County: Ada *State: Idaho Province: *Country: USA *Zip / Postal Code 83642 e. Organizational Unit: Department Name: Division Name: Meridian Community Development Department f. Name and contact information of person to be contacted on matters involving this application: City of Meridian, Idaho 57 2015 DRAFT Action Plan Prefix: *First Name: Sean Middle Name: *Last Name: Kelly Suffix: Title: CDBG Administrator Organizational Affiliation: *Telephone Number: 208-884-5533 Fax Number: 208-888-6854 *Email: skelly@meridiancity.org OMB Number: 4040-0004 Expiration Date: 01/31/2009 Application for Federal Assistance SF -424 Version 02 *9. Type of Applicant 1: Select Applicant Type: C. City or Township Government Type of Applicant 2: Select Applicant Type: Type of Applicant 3: Select Applicant Type: *Other (Specify) *10 Name of Federal Agency: HUD 11. Catalog of Federal Domestic Assistance Number: CFDA Title: *12 Funding Opportunity Number: 14.218 *Title: COMMUNITY DEVELOPMENT BLOCK GRANT/ENTITLEMENT GRANTS City of Meridian, Idaho 58 2015 DRAFT Action Plan 13. Competition Identification Number: Title: 14. Areas Affected by Project (Cities, Counties, States, etc.): CITY OF MERIDIAN, IDAHO *15. Descriptive Title of Applicant's Project: Investment funds to create/sustain suitable living environments, expand affordable housing opportunities, eliminate slum and blight, and administer the CDBG program. Application for Federal Assistance SF -424 Version 02 16. Congressional Districts Of: *a. Applicant: 1 *b. Program/Project: 1 17. Proposed Project: *a. Start Date: 10/01/2015 *b. End Date: 09/30/2016 18. Estimated Funding ($): *a. Federal $329,857 *b. Applicant *c. State *d. Local City of Meridian, Idaho 59 2015 DRAFT Action Plan *e. Other *f. Program Income *g. TOTAL $329,857 *19. Is Application Subject to Review By State Under Executive Order 12372 Process? ❑ a. This application was made available to the State under the Executive Order 12372 Process for review on ❑ b. Program is subject to E.O. 12372 but has not been selected by the State for review. ® c. Program is not covered by E. 0.12372 *20. Is the Applicant Delinquent On Any Federal Debt? (If "Yes", provide explanation.) ❑ Yes ® No 21. *By signing this application, I certify (1) to the statements contained in the list of certifications** and (2) that the statements herein are true, complete and accurate to the best of my knowledge. I also provide the required assurances** and agree to comply with any resulting terms if I accept an award. I am aware that any false, fictitious, or fraudulent statements or claims may subject me to criminal, civil, or administrative penalties. (U. S. Code, Title 218, Section 1001) **I AGREE ® The list of certifications and assurances, or an internet site where you may obtain this list, is contained in the announcement or agency specific instructions Authorized Representative: Prefix: *First Name: Tammy Middle Name: *Last Name: De Weerd Suffix: *Title: Mayor *Telephone Number: 208-888-4433 Fax Number: 208-884-8723 *Email: deweerdt@meridiancity.org *Signature of Authorized Repres a Date Signed: f z� City of Meridian, Idaho 60 2015 DRAFT Action Plan Appendix D Public Notices Idaho Statesman of fAll, uAv'a PO Bax 40, Solw, ID 83707.0040 LEGAL PROOF OF PUBLICATION 1 262511 1 0001826278 I LEGAL NOTICE CITY Of a<ERI DIAN NOTI'I IIY2015 CDBG I 5120 73 1 1 1 77 1 Attention: SEAN KELLY CITY OF MERIDIAN! RETAIL 33 E BROADWAY AVE SUITE 308 MERIDIAN, ID 836422619 LEM NOTICE CIPI OF41Eryto" NOTICE OF PUBLIC BEARING CCMV. E RIM C RM� &rldMEnr%'e tl C O.,aN (COa(h Propum 11L. d1, 7,1 JIB JANICE HILDRETH, being duty sworn, deposes and says: That she is lire Principal Clerk of The Idaho Statesman, a daily newspaper printed and published at Boise, Ada County, Slate of Idaho, and having a general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County during a period of hvEdve consecutive months prior to the first publicaliorl of 010 notice, a Copy of which is altachud hem(o: that sold notice was published in The Idaho Statesman, In conformity with Section 60.108, Idaho Code. as amended, for: 2 Insertions Beginning Issue of 07107/2015 Ending issue of: O'7y2012015 � Logals Clerk) I�l STATE OF IDAHO) SS COUNTY OF ADA) On this 20th day of July in the year of 2015 before tie, a Nolmy Public, personally appeared before me Janice Hildreth knovm or Identified to me to be the person whose name subscribed to the within Instrument, and being by first duty sworn, declared that the statements (hatch are true, end acknowledged to me that she oxowled lire same. r/4' n1 Nolmy Pubit FOR Idaho Residing it stoke, Idaho My C.ommissionexplres: City of Meridian, Idaho 61 2015 DRAFT Action Plan Valley rimes P.O. Box 1790 - Eagle, Idaho 83616 LEGAL ADVERTISING PROOF OF PUBLICATION Account: lJ-rY a �" �R.n. dA ova Identification: of !L_�wd.+.u.+ 1(6¢ of AeJ b c ge,z,U•+) .�^-T ✓ .- /� a ret.,' Address: `3 F'_- • L3vo r y A,1e Run Dates: 0? o6 ,,f 6 to ,7� (;,'^' (� _Amount 55 •' i`I x a� �'LNumberLines� Attention: Other CJ,•➢n,u.'+ t4 t�z ✓etolt,w �. T aL.� G,m#C(POG) CITYOFMERIDiAN 1Y-Oj, ((Worn, deposes NOTICE OF PUBLIC HEARING AND PUBLIC COMMENT PERIOD i Incipal Clerk of d at i Itthnrdinghterldisn'sCoammuArOtvdopment Black Grant (CDBS)Program Sr thatpubthe said >; that the said Th City of hlwidian hos been dtdgnateel an Entitlement Community by the U.S. Dcpanmam of Housing And Utbau Development Jon in the said (HUD). Thiadedgn,Nioo allows tie City totectiie funds annually from HUD's Community uenlopmcnl Block Ursut(CDBG) Iy Of Meridian, Pmuam lilt City anticipates tial it wiB roctive an allontion of SJ24$05 on OclMct 1.2015. ninterruptedly ng a period of In order to motive thew funds, lb! City must submit to IlUD an Annual Action Plan identifying the rejects and Anil, the City will Tor to lila first undcrmket to ctcamtnw join.mcceats affordable and oceetsible baring and mvi talize Mtddian neighborhoods dunog lho neat th Is attached Program Year. 1 published in AL1, CITIZENS ARE M'ITED to attend a public hearing am Tuesday, Auguvi It. 2015.At6:W PM., in the Meridian City Council ctien 69-108, C16unbets,Meridian City Ifall, 3i E. Broadway Avenue, Meridian. Idaho, nctardiag the 2015 Amoral Action Plan Special invitation','2 time(S) is extended to Persons with maidildica, iaWeals of assisted houmg.and Meridian heniness and lxopeny annals, NIc6dian City Hall tlpepef, and is ahamkeappedacceafibitfuilitY. Individuals ttquiring scommodalion of pM1ysical, SiypLot hesriog impaimtcnU mmnAuagt and not Ina ialeryrcmdon pleas, ccatul the City Clerk .1 (209) 888.4433. All citizens may review the dtdt plan and povvide testimony. Capias of the draft pin will he available July 6,2015 at the hlcridian City Halt In the Community Devtlopmcnt Delr,tmted, and on the as published City'sCDBU webdte,bttpfJwwwmeildiatacitYntY%cdbg )wing dates: A PUBLIC CObHi1F.NY PERIOD WH,LBB OPEN FROM Jot, 6, 2015 THROUGH Angor/ 11, 2015. During 6tia pried, sdl toamcou shozld be Addmasad to Loft Den Hadog in the City Community Nvelopownt Department, who may bt contseted by mail: City oI Wtidm, Community Ikvtlopmrnl Depunmeot. 33 E. BroadwAy Ave., sit l02,Mcudian, ID 83642; by phone: (208) 884 5533: by fu: (2(t8) 88S-6857: of by 6nailr sketly anetridimettymi; . Fwaynan Pubtitb: July6aad20.2015 Idaho sandman Publish: July 6 out 20.2015 rr STATE OF IDAHO) )SS a // COUNTY OF AUA ) ', On this �k Yday of U4,614 in the year of 2016 before me, a Notary PUIJI , personally appeared .' ° Frank Thomason, known or Identifled to me to be the person ..., _ whose name Is subscribed to the within Instrument, % p an being by mo first duly°swom, declared that the ° I statement herein are true, and so, howledged to me that he executed the same_ Notary Public for Idaho Residing at Bolse, ID My commission expires y 2-"J j I City of Meridian, Idaho 62 2015 DRAFT Action Plan Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: $A PROJECT NUMBER: ITEM TITLE: Public Works Public Works: Street Light Enhancement Report 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 St r e e t L i g h t E n h a n c e m e n t Hi s t o r y Pr o j e c t s • NW 8 th St P e d e s t r i a n L i g h t i n g • Ma i n S t r e e t C o r r i d o r C o n v e r s i o n P r o j e c t • Li n d e r R o a d - B i d d i c k t o C h e r r y • Li n d e r R o a d - C h e r r y t o S a n d a l w o o d , Ph a s e 1 • Li n d e r R o a d - C h e r r y t o S a n d a l w o o d , Ph a s e 2 • De s i g n P r o j e c t s NW 8 th St P e d e s t r i a n L i g h t i n g • In s t a l l e d 7 n e w p o l e s an d 8 L E D f i x t u r e s • Co s t $ 3 5 K • Ut i l i z e d C D B G F u n d s Ma i n S t r e e t C o r r i d o r C o n v e r s i o n • Co n v e r t e d 5 7 d e c o r a t i v e fi x t u r e s • Re p l a c e d 9 1 o l d r o a d w a y fi x t u r e s w i t h L E D f i x t u r e s • Sa v i n g s – 81 , 0 0 0 k i l o w a t t - h o u r s a n n u a l l y – $4 . 2 K i n a n n u a l e l e c t r i c a l c o s t s – Ex p e c t o v e r $ 7 0 K r e d u c t i o n i n ma i n t e n a n c e • Co s t $ 1 1 3 K • Pa i d f o r w i t h E n e r g y E f f i c i e n c y Gr a n t F u n d i n g Li n d e r R o a d - B i d d i c k t o C h e r r y • Li n d e r c o r r i d o r i s w i t h i n 3 sc h o o l w a l k i n g z o n e s • Fi r s t t i m e f o r S t r e e t L i g h t Eq u i p m e n t a n d S u p p l i e s en h a n c e m e n t • In s t a l l e d 1 3 n e w s t r e e t li g h t s • De s i g n c o m p l e t e d i n - h o u s e • Co s t $ 5 0 K Li n d e r R o a d - C h e r r y t o S a n d a l w o o d , Ph a s e 1 Be f o r e • In s t a l l e d t w o L E D s t r e e t l i g h t s n o r t h o f C h e r r y L a n e • Co m p l e m e n t e d A C H D s i d e w a l k i n s t a l l a t i o n • Co s t $ 2 3 K Af t e r Li n d e r R o a d - C h e r r y t o S a n d a l w o o d , Ph a s e 2 • In s t a l l 5 l i g h t s o n L i n d e r n o r t h of C h e r r y L a n e • Co m p l e m e n t s A C H D s i d e w a l k in s t a l l a t i o n • Co n s t r u c t i o n t o s t a r t n e x t m o n t h De s i g n P r o j e c t s • Fr a n k l i n R o a d - B l a c k C a t t o T e n M i l e – In c l u d e s 4 6 n e w L E D s t r e e t l i g h t s – Co n s t r u c t i o n i n F Y 1 6 a n d F Y 1 7 – Fe d e r a l l y f u n d e d c o n s t r u c t i o n w i t h l o c a l m a t c h • Se t t l e r s P a r k F r o n t a g e L i g h t i n g – To b e i n s t a l l e d w i t h A C H D c o n s t r u c t i o n p r o j e c t i n 2 01 7 – In c l u d e s 1 7 s t r e e t l i g h t s Up c o m i n g P r o j e c t s • 20 1 6 – Re s i d e n t i a l s t r e e t l i g h t i n g i m p r o v e m e n t s – Fr a n k l i n R o a d - B l a c k C a t t o T e n M i l e c o n s t r u c t i o n s t arts • 20 1 7 – Re s i d e n t i a l s t r e e t l i g h t i n g i m p r o v e m e n t s – Se t t l e r s P a r k f r o n t a g e l i g h t i n g c o n s t r u c t i o n – Ch e r r y L a n e – L i n d e r t o M e r i d i a n R o a d w a y L i g h t i n g Qu e s t i o n s ? Meridian City Council Meeting DATE: August 11, 2015 ITEM NUMBER: $B PROJECT NUMBER: ITEM TITLE: City Council Committee Updates City Council Liaison/Committee Updates 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: August 11, 2015 ITEM NUMBER: g 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: August 11, 2015 ITEM NUMBER: 10 PROJECT NUMBER: ITEM TITLE: Executive Session Executive Session per Idaho State Code 74-206(1)(d) - Records exempt from disclosure as provided in Chapter 1, Title 74, Idaho Code. 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