2017-01-24Meridian City Council Meeting Agenda Tuesday, January 24, 2017 – Page 1 of 3
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.
1.
City Council Chambers
33 East Broadway Avenue
Meridian, Idaho
Tuesday, January 24, 2017 at 6:00 PM
1. Roll-Call Attendance
X Anne Little Roberts X Joe Borton
X Ty Palmer X Keith Bird
__X___ Genesis Milam __X___ Luke Cavener
X Mayor Tammy de Weerd
2. Pledge of Allegiance
3. Community Invocation by Larry Woodard with Ten Mile Christian Church
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved as noted
A. Approve Minutes of January 10, 2017 City Council Workshop Meeting
B. Memorandum of Agreement with West Ada School District For Joint Use Of
Sports Facilities
C. Interagency Governmental Agreement with West Ada School District For
Waiver Of Costs And Fees
D. Addendum to Development Agreement for T-Mobile (H-2016-0091) with
Idaho Conference of Seventh-day Adventists, Inc. and T-Mobile located at
1855 N. Black Cat Road in the SE ¼ of Section 4, Township 3N., Range 1W.
Original Development Agreement was recorded on October 31, 2005
(Instrument No. 105164027)
E. Addendum to Development Agreement for W.H. Moore and Jake Wylie for
Dorado Subdivision (MDA-H-2016-0131) located at 2490 & 2976 E. Overland
Road, in the southeast ¼ of Section 17, Township 3N., Range 1E. Applicant
requesting modification to Original Development Agreement (Instrument
No. 105127512)
F. Final Plat for Laurel's Townhomes (H-2016-0136) by Scott Noriyuki,
Northside Management Located 2116 S. Accolade Avenue Vacated
CITY COUNCIL REGULAR
MEETING AGENDA
Meridian City Council Meeting Agenda Tuesday, January 24, 2017 – Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk’s Office at 888-4433 at least 48 hours prior to the public meeting.
G. Final Order for Jump Creek Subdivision No. 2 (H-2016-0134) by Trilogy
Idaho Located at 5335 N. Black Cat Road
H. Acceptance Agreements for Display of Artwork in Initial Point Gallery,
Meridian City Hall between City of Meridian and:
Megan Sharratt, February 2017
Genie Sue Weppner, August 2017
I. Subrecipient Agreement between City of Meridian and West Ada School
District for Program Year 2015 Community Development Block Grant Funds
in an Amount Not-to-Exceed $65,000 to Install Picnic Shelter and Amenities
at Meridian Elementary School
6. Items Moved From the Consent Agenda None
7. Action Items
Land Use Public Hearing Process: After the Public Hearing is opened the staff report will be
presented by the assigned City planner. Following Staff’s report the applicant has up to 15
minutes to present their application. Each member of the public may provide testimony up to 3
minutes or if they are representing a larger group, such as a Homeowners Association, they are
allowed 10 minutes. The applicant is then allowed 10 additional minutes to respond to the
public’s comments. No additional public testimony is taken once the public hearing is closed.
The City Council may move to continue the item for additional information or vote to approve or
deny the item with or without changes as presented. The Mayor is not a member of the City
Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie
vote.
A. Public Hearing for Borough Subdivision (H-2016-0135) by Scott Noriyuki,
Northside Management Located 1288 E. Everest Street Approved
1. Request: Short Plat Approval Consisting of Two (2) Building Lots on 5.57
Acres of Land in the R-15 and L-O Zoning District
B. Public Hearing for Parks Shelter Fees Update
C. Resolution No. 17-1194: Updates to Fee Schedule of the Meridian Parks and
Recreation Department – Picnic Shelter Reservation Fees. Approved
8. Future Meeting Topics
9. Executive Session per Idaho State Code 74-206(1)(d) and 74-206(1)(f) – (d): To
consider records that are exempt from disclosure as provided in chapter 1,
title 74, Idaho Code; (f): To communicate with legal counsel for the public
agency to discuss the legal ramifications of and legal options for pending
Meridian City Council Meeting Agenda Tuesday, January 24, 2017 – Page 3 of 3
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.
litigation, or controversies not yet being litigated but imminently likely to be
litigated.
Into Executive Session at 6:27pm
Out of Executive Session at 7:42pm
Adjourned at 7:42pm
Meridian City Council January 24, 2017
A meeting of the Meridian City Council was called to order at 6:00 p.m., Tuesday,
January 24, 2017, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Genesis
Milam, Luke Cavener, Ty Palmer and Anne Little Roberts..
Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Bruce Chatterton,
Bruce Freckleton, J. Brown, Charlie Butterfield, Steve Siddoway, Mi ke Barton
and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
X_ Anne Little Roberts X _ _Joe Borton
X__ Ty Palmer X_ Keith Bird
__X__ Genesis Milam __X__ Lucas Cavener
__X Mayor Tammy de Weerd
De Weerd: I'd like to welcome everyone to our City Council meeting. We always
appreciate having people join us, so thank you. For the record it is Tuesday,
January 24th. It's 6:00 o'clock. We will start with roll call attendance, Mr. Clerk.
Item 2: Pledge of Allegiance
De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us
in the pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Larry Woodard, Ten Mile Christian
Church.
De Weerd: Item 3 is our community invocation. Tonight will be led by Larry
Woodard. He is with Ten Mile Christian Church. If you will all join us in the
community invocation or take this as an opportunity for a moment of reflection .
Thank you for joining us, Larry.
Woodard: Thank you. Always a pleasure. Our Dear Heavenly Father, we thank
you for the snow, but for many of us you have given us more than we need. I
thank you for this city leadership to address the road situation in our city. It
reflects the kind of leadership we have grown to be accustomed to in Meridian as
we watch other cities who seem to be at a loss what to do with the snowfall. I
pray the weather moderates and all people can get back to normal. We look
forward to the upcoming State of the City report where we will hear even more
Meridian City Council
January 24, 2017
Page 2 of 13
about what is happening in our city. Tonight I want to ask you to continue your
blessings on this city. I asked a young Vietnamese lady why she moved to
Meridian and she says I went online and I saw that it was one of the safest cities
in the nation. That's why I'm here. That says a lot about our city and we thank
the police and others who make it one of the safest . We thank you that none of
the police were hurt today in the Kuna shooting episode, including some of our
own men who went there. Tonight I want to focus on our nation as a whole . We
have a new president and from the march the next day there remains deep
divisions in our country. I pray for success with the new administration and that
tempers and divisive thoughts and actions moderate. We want to be a peaceful
people, but we have many economic and cultural issues to address. Please bind
up our wounds and calm our fears about what lies ahead. In closing I thank you
for Mayor Tammy, each of the Council men and women. Keep them healthy and
safe in this winter weather and may their collective wisdom continue this New
Year. Bless all in attendance tonight I pray in Jesus' name, amen.
De Weerd: Thank you, Larry.
Woodard: You bet.
De Weerd: You gave some very timely reminders and I think everyone would
say we have had our fair share and more of snow. Beautiful, but we like to see it
in the mountains, not in the valley.
Item 4: Adoption of the Agenda
De Weerd: So, Item No. 4 is adoption of the agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: On -- under Consent Agenda, Item 5-F, the staff would request this item be
vacated. The modified development agreement needs to be approved prior to
the final plat approval and not yet. So, both items should come back before the
Council at our next meeting for approval. Item 7-C, the resolution number is 17-
1194. And with that I move we approve the amended agenda.
Borton: Second.
De Weerd: I have a motion and a second to approve t he agenda as amended.
All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
Meridian City Council
January 24, 2017
Page 3 of 13
A. Approve Minutes of January 10, 2017 City Council
Workshop Meeting
B. Memorandum of Agreement with West Ada School
District For Joint Use Of Sports Facilities
C. Interagency Governmental Agreement with West Ada
School District For Waiver Of Costs And Fees
D. Addendum to Development Agreement for T-Mobile (H-
2016-0091) with Idaho Conference of Seventh-day
Adventists, Inc. and T-Mobile located at 1855 N. Black
Cat Road in the SE ¼ of Section 4, Township 3N., Range
1 W. Original Development Agreement was recorded on
October 31, 2005 (Instrument No. 105164027)
E. Addendum to Development Agreement for W.H. Moore
and Jake Wylie for Dorado Subdivision (MDA-H-2016-
0131) located at 2490 & 2976 E. Overland Road, in the
southeast ¼ of Section 17, Township 3N., Range 1E.
Applicant requesting modification to Original
Development Agreement (Instrument No. 105127512)
G. Final Order for Jump Creek Subdivision No. 2 (H-2016-
0134) by Trilogy Idaho Located at 5335 N. Black Cat
Road
H. Acceptance Agreements for Display of Artwork in Initial
Point Gallery, Meridian City Hall between City of
Meridian and: Megan Sharratt, February 2017
Genie Sue Weppner, August 2017
I. Subrecipient Agreement between City of Meridian and
West Ada School District for Program Year 2015
Community Development Block Grant Funds in an
Amount Not-to-Exceed $65,000 to Install Picnic Shelter
and Amenities at Meridian Elementary School
De Weerd: Item 6 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: As stated earlier, 5-F has been asked to be vacated. With that I move we
approve the Consent Agenda, for the Mayor to sign and the Clerk to attest.
Meridian City Council
January 24, 2017
Page 4 of 13
Borton: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda with
the change as noted earlier. Mr. Clerk, will you call roll.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 6: Items Moved From the Consent Agenda
De Weerd: There were no items moved from the Consent Agenda onto the
regular agenda.
Item 7: Action Items
A. Public Hearing for Borough Subdivision (H-2016-0135)
by Scott Noriyuki, Northside Management Located 1288
E. Everest Street
1. Request: Short Plat Approval Consisting of Two (2)
Building Lots on 5.57 Acres of Land in the R-15 and
L-O Zoning District
De Weerd: So, we will move into Action Items under 7. 7-A is -- or 7-A is a
public hearing on H-2016-0135. I will open this public hearing with staff
comments.
Freckleton: Thank you, Madam Mayor and good evening to you and the Council.
This is a short plat application for Borough Subdivision. The site consists of 5.57
acres of land, zoned R-15 and L-O located at 1288 East Everest on the south
side of East Chinden Boulevard approximately a quarter mile west of North
Locust Grove Road. This property was annexed and zoned and included in the
planned development and plat for Westborough Square Subdivision in 2005.
The applicant proposes a short plat -- right there. Consisting of two building lots
on 5.57 acres of land in the R-15 and L-O zoning districts. The proposed plat is
a resubdivision of the large Lot 6, Block 1, of Westborough Square Subdivision
and a portion of the vacated North Jericho Road at the west boundary. Excuse
me. The property is currently split zoned as shown in this -- this representation.
The configuration of the proposed lots will coincide with the zoning boundaries.
The street buffer landscaping and pathway along North Chinden Boulevard was
previously constructed on the site with the previous development. Scott Noriyuki,
Meridian City Council
January 24, 2017
Page 5 of 13
the applicant, is in agreement with the staff report and has provided written reply.
Staff recommends approval with conditions in the staff report. With that I will
stand for any questions.
De Weerd: Council, any questions?
Bird: I have none at this time.
De Weerd: Okay. Would the applicant like to make comment?
Noriyuki: Scott Noriyuki. Northside Management. 6810 Fairhill Place, Boise,
Idaho. I don't believe I have anything to add to it. But I will stand for any
questions.
De Weerd: Thank you, Scott. Council, any questions for the applicant?
Bird: I have none.
Noriyuki: Thank you.
De Weerd: Thank you. This is a public hearing. Is there anyone who would like
to provide comment? Okay. Hearing none --
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we close the public hearing on H -2016-0135.
Milam: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7 -
A. All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve H-2016-0135 and include all staff and applicant
comments.
Milam: Second.
Meridian City Council
January 24, 2017
Page 6 of 13
De Weerd: I have a motion and a second to approve Item 7 -A. Any discussion
from Council? Mr. Clerk.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
B. Public Hearing Parks Shelter Fees Update
De Weerd: Item 7-B is a public hearing on our park shelter fees. I will turn this
over to Mike.
Barton: Thank you. Madam Mayor, Members of Counci l, I'm here tonight to
have a discussion on our proposed shelter fees that we are in the process -- or
we have published a revised. Colin was -- was here talking about this a couple
weeks ago and during that discussion there was some specific questions th at
came up and I'm going to stand in for Colin this evening, because some of those
questions were more operational questions and that maybe I'm better suited to
answer. So, really what I wanted to do is address some of the specific questions
that were asked and one of them was, you know, how did we come up with this
new fee structure and, basically, what we are trying to do is we are trying to
recover the cost -- the direct staffing cost of what it takes to clean up both before
and after a particular party. So, when someone reserves the shelter we need to
go and we need to -- we need to clean it after just general public use . Then they
have their party. Then we go back in and we clean it afterwards, whether it's for
another reservation or whether it's for the general public. So, there is some
direct staff time that goes into that cleaning cost. If there is -- there is different
shelter prices that are on that sheet and the prices are based on the number of
people that are likely to reserve that shelter and it's based on our past history.
It's based on, you know, our experience that shelter one at Settlers is likely to
attract higher numbers of people than would be shelter two or shelter three. So,
we have thought through each one of those and based our fees on those
numbers. It also has to do with -- there is a -- there is a direct correlation
between the amenities that are at a park and the number of people that it -- that
the shelters are likely to attract. So, in neighborhood parks where there aren't
maybe the amenities that a Settlers or Kleiner has with a splash pad, they have
smaller birthday parties of anywhere from 25 people to 40 people and the fees
reflect that, where if you have a -- the larger park with a larger shelter they could
go up to 200 people, 300 people. So, therefore, the higher fees. One of the
other -- one of the other questions Councilman Palmer specifically asked -- how
much revenue our shelters generated last year and we had it kind of lumped into
temporary use permits, because temporary use permits -- they have to reserve
the shelters in the park as well, but last year we had a total revenue of 102,000
Meridian City Council
January 24, 2017
Page 7 of 13
dollars and the -- 102,899 to be exact. The number -- the total number of
shelters was almost 1,700. So, as you -- as you can see there is -- it's a pretty
big effort to go out and clean these and keep them nice and the public really
desires that -- that level of customer service and, you know, it seems to be
working well. We have a lot of good comments and I guess with that I will be
happy to stand for any questions you might have.
De Weerd: Thank you, Mike. Council, any questions?
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Cavener: Mike, can you share with us why it takes less time I guess to clean and
prepare a shelter at say Centennial Park, as compared to Hillsdale Park shelter
one? It seems that there is a ten dollar difference and I'm just -- I think that I'm
familiar at least with -- with the Centennial Park shelter --
Barton: Yeah.
Cavener: Just curious as to what makes one more timely over the other or if this
is a case of you thinking one shelter is more preferred over another.
Barton: Good question. Madam Mayor, Councilman Cavener -- so the shelter at
-- at Centennial Park is 20 by 20. There is a basketball court and a little play
neo, some -- we have added a restroom, which -- so the amenity value is there.
But if you take Hillsdale Park, the shelter that this fee is based on is 20 by 28 , so
it's larger. It will attract larger crowds. There is also a small splash pad there
and a more significant playground, so that one is likely to attract -- where
Centennial would have parties of 20 people -- 20 to 30, that’s about the max
accommodations, you could go up to 75 at Hillsdale Park.
Cavener: Madam Mayor, follow up.
De Weerd: Uh-huh.
Cavener: So, the assumption is because one may attract more people that there
would be more time?
Barton: Correct.
Cavener: Madam Mayor, additional question if I may. Have you tracked time -- I
think that was one of the questions that was brought to Colin is how much time it
takes somebody to come in and take care of one of these shelters in terms of --
least one of the comments that Colin had made was the time to take a
reservation, the time to secure the reservation, time to make sure that the facility
Meridian City Council
January 24, 2017
Page 8 of 13
is prepared and, then, the time to make sure it's cleaned up afterwards and I
guess to me that was the piece that I was really hoping to see tonight.
Barton: Yeah. Madam Mayor -- and, Councilman Cavener, that's -- that's a
great question and we have kind of a -- a number of hours that -- that we -- so,
we track our time and we have 5,144 hours of staff time per season to -- to
service those shelters. As far as individually how much time it takes to clean one
versus another, it all depends on the party. Did they -- did they have a cake fight.
Cavener: Sure.
Barton: Did they -- I mean it could be a trophy presentation where they didn't
have any -- serve any food. It could be some people took advantage and they
left a big mess. I mean that's -- so, it's kind of all over the board. But that gives
you an idea of the effort. We don't track each one individually, we track the effort
over the course of a season.
Cavener: And, Madam Mayor, if I may, I'm not looking for a specific time and a
specific shelter, I guess averages would be helpful. To me, Madam Mayor, if I
may, my issue was not with the time, I think that it's important that we recoup the
time. I personally struggle with -- though with the city playing favorites as to
which shelters we think are the most valuable and are, therefore, charging a
higher rate to our -- to our taxpayers to be able to use it. I think it's important that
we recoup our costs associated with it, but anything more than that, because we
think Shelter A is better than Shelter B, I just think that that's not necessarily our
role to say one is more valuable than the other and you as a taxpayer need to
pay accordingly.
Barton: And Madam Mayor. Councilman Cavener, that's -- that's really not it at
all. This is based on the amount of time that it takes to cl ean up after the number
of people that are likely to be in that shelter having a party and just for example ,
the one at Centennial Park, we would figure that it takes two -- two staff two
hours and, then, there is some travel time. Where at a Kleiner where they are
significantly more expensive, you would have to go in and you would have to
clean beforehand and, then, you would have to clean up afterwards and there is
likely to be an effort of about six hours -- six staff hours to clean that up. Most --
those have grills at them that need to be serviced on occasion. There is just --
there is just more to it, but it -- but it's based on -- it's not based on amenity value
of a park. Although the amenities are likely to attract bigger crowd, it's purely
based on the number of people that attend a given shelter based on our
experience.
Cavener: Then -- Madam Mayor, if I may. Mike, I'm struggling to wrap my head
around that it takes six staff hours to clean up Kleiner Park Shelter A-1 and this is
the first this Council is hearing about that significant amount of time. I have seen
what those shelters have been reserved and we don't have two hour breaks in
Meridian City Council
January 24, 2017
Page 9 of 13
between them. So, it's -- it's equally challenging when -- and I recognize that you
don't have the data to back that up. So, it's a struggle for me to wrap my head
around that we have got either one staff member spending six hours out there or
two spending three or six staff members spending an hour out there. Without
having any data that's going to be a tough pill for me to swallow.
De Weerd: I guess at some time we have to trust that the personnel in the field
have a grasp of some of the challenges and the time commitment s that are
necessary to -- to keep up to the standards that -- and the quality that our -- our
citizens have come to appreciate and I would also say -- and I have seen this
personally, so our -- our staff is not just cleaning up before, they are cleaning up
after. They are running people out of shelters that want to be belligerent,
because they were there first, even though they didn't reserve it. Our personnel
play interference on a number of different issues and it's not just cleaning the
trash, it is cleaning up the entire shelter area before and after. So, I -- I trust that
the averages that our staff is giving us through their experience and would ask if
there is any other questions from Council Members.
Bird: I have none.
De Weerd: Okay. Anything further? Okay. This is a continued public hearing.
Is there anyone -- gentlemen -- that would like to provide testimony? If not,
Council, do I --
Little Roberts: Madam Mayor?
De Weerd: Yes, Mrs. Little Roberts.
Little Roberts: I'd like to move we close the public hearing.
Bird: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 7-
B. All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
C. Resolution No. : Updates to Fee Schedule of the
Meridian Parks and Recreation Department – Picnic
Shelter Reservation Fees.
Little Roberts: Madam Mayor?
De Weerd: Mrs. Little Roberts.
Meridian City Council
January 24, 2017
Page 10 of 13
Little Roberts: I would like to move that we support the proposed Resolution for
17-1194 to accept the fee schedule for the picnic shelter reservation fees.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 7-C. Any discussion?
Mr. Clerk.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, nay; Palmer, nay; Little
Roberts, yea.
De Weerd: The ayes have it.
MOTION CARRIED: FOUR AYES. TWO NAYS.
Item 8: Future Meeting Topics
De Weerd: Item 8 is under future meeting topics. Council, any agenda items for
future meetings? I would --
Cavener: Madam Mayor?
De Weerd: Yes.
Cavener: If I may.
De Weerd: Mr. Cavener.
Cavener: A question at -- I guess a number of weeks ago we had proposed the
idea of a fifth meeting being a public forum for our citizens. I haven't heard
anything on any progress made on that, if that's happening or not.
De Weerd: I don't know -- was I there? I don't remember that. So, if I don't
remember it I can guarantee you it -- there is nothing that has happened. So,
can I get a little bit more information? We do town hall meetings. Was this a
forum on something specific?
Cavener: Madam Mayor. No. No, it wasn't. The d iscussion was that it would be
valuable to have an open forum outside of the town halls to allow our citizens to
come in and discuss this. Sorry, I -- I discussed this with -- with staff. I was
under the impression that it had been shared with you -- it had been shared with
the Council President to be scheduled for a later meeting. It appears perhaps
maybe lines were crossed and messages weren't relayed if you weren't here for
that.
Meridian City Council
January 24, 2017
Page 11 of 13
De Weerd: Well, I will get additional information. So, I -- I guess just to have a
little bit more information that the town hall forums can -- are very flexible. They
can be done in a number of different formats . I guess I would be looking for
additional information.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: Madam Mayor, as Councilman Cavener had mentioned this to me, I
really like the idea. You know, I -- I can't remember if I had it to the last one --
whichever one was at the -- at the new elementary school. It just seemed like,
you know, at the beginning it was stated that we want this to be an interaction
and, then, there was a few hours of concept presentations by staff and -- and so
Councilman Cavener had made the point that if we had -- even if -- if no one
showed up and we just, then, called the meeting in a hurry, but to have fifth
Tuesdays as an opportunity for people to -- we open the meeting and, then,
whatever they want to discuss for a short period of time to bring to our attention,
as -- with, you know, as many of us that can be here as possible would be a
good opportunity for us to have that and have it on the record and -- and be able
to, then -- not necessarily have a bunch of -- not have to have staff there so
much, then, we would know as a whole we could discuss briefly and, then,
decide, you know, if we wanted to shoot that over to staff and see what might be
able to come out of whatever it is they brought to us. If nobody shows, so be it.
If 25 people show and they all have three minutes of something to let us know
about, we would like to hear them.
De Weerd: Certainly Council President Bird and I can chat about that. I think
every time -- you know, if this is going to replace town halls or Coffee with the
Mayor -- we do have a number of venues that citizens have an opportunity to talk
with decision-makers, with those that they can express their opinions in a number
different ways. So, these meetings -- you see the number of staff that are here at
-- during the evening after hours. We have transcription. There is a cost and so I
will sit down with Council President, because I -- again, I'm kind of caught
unawares of this and we can have a conversation and bring back further
information. Okay. Council, upcoming events. We have City Officials Day at
the Capitol on Thursday, January 26th. It starts at 7:00 a.m. So, for you early
risers --
Bird: Where does it start at? At the Capitol?
De Weerd: I don't know.
Little Roberts: It's at Boise Center and they take buses or you can go to the
Capitol and, then, go back to Boise Center.
Meridian City Council
January 24, 2017
Page 12 of 13
De Weerd: Okay. Boise Center On The Grove. So, we will get you a reminder
via e-mail. The MYAC CPR day at Dutch Bros is going to be at four different
Meridian Dutch Bros. All of them except the one on Fairview, on Monday,
January 30th. Please go and support the kids. Buy a cup of coffee, learn how to
do some chest compressions, and they get credit for the CPR training. It's -- it's
a great public outreach while you sit in line for your coffee you -- you are
educated by some very energetic youth council members. They were trained last
night and they are excited to go out and share their new knowledge with our
citizens. True Hotel groundbreaking ceremony is February 1st at 10:00 a.m. It's
going to be there located on South Eagle Road. If you have an interest we will
get you some information. I know the Chamber just put some information out as
well. And just a reminder that the State of the City is February 8th at 3:59 on the
nose at Meridian Middle School and it's followed by a Taste of Meridian, so --
Item 9: Executive Session per Idaho State Code 74-206(1)(d) and 74-
206(1)(f) – (d): to consider records that are exempt from
disclosure as provided in Chapter 1, Title 74, Idaho Code; (f):
to communicate with legal counsel for the public agency. to
discuss the legal ramifications of and legal options for
pending litigation, or controversies not yet being litigated but
imminently likely to be litigated.
De Weerd: If there is nothing further No. 9 is Executive Session. I would
entertain a motion.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we go into Executive Session as per Idaho State Code 74-
206(1)(d), (1)(f).
Borton: Second.
De Weerd: I have a motion and a second to adjourn into Executive Session. Mr.
Clerk, will you call roll.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION: (6:27 p.m. to 7:42 p.m.)
Meridian City Council
January 24, 2017
Page 13 of 13
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we come out of Executive Session and let no -- let it be shown no
decisions were made.
Borton: Second.
De Weerd: I have a motion and a second. All those in favor say aye. Did I have
all ayes?
Bird: Yeah.
De Weerd: Okay. All ayes.
MOTION CARRIED: ALL AYES.
De Weerd: Do I have a motion to adjourn.
Bird: So moved.
Milam: Second.
Borton: Second.
De Weerd: All in favor? All ayes
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 7:42 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
X17
MAYO MY de WEERD DATE APPROVED
ATTEST/.-)
C. JAY CCLtSJCITY CLERK
I� j W
Meridian City Council Meeting
DATE: January 24, 2017 ITEM NUMBER: 5A
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes of January 10, 2017 City Council Workshop Meeting
MEETING NOTES
u 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 Workshop
January 10, 2017
Page 63 of 63
De Weerd: Yes, Mr. Cavener.
Cavener: If I may. Just for future meeting topics, in my new liaison role at the
Fire Department I attended the Rural Fire Commission last night and the topic
about newspapers to notice with came up and that group would like to follow the
city's lead and so I just would like to re -bring up the discussion from back towards
the end of the year about having a larger discussion about what newspaper the
city will use to notice meetings. I'd like to see that happen in the relatively near
future, so that I can report back to the commission about what the city's intension
is so they can follow suit.
De Weerd: And, Mr. Nary, you were working on that. When can we set that on
the agenda?
Nary: We did have it set on the agenda. You said we needed to bring it back in
the future. We could do it at this -- sorry.
De Weerd: Well, how much time do you need?
Nary: How about the next workshop? We can report back to the Council
basically the process that we have gone through, how we -- how the Council
could, then, select a permanent newspaper of record. So, the next workshop in
February 14th.
De Weerd: Okay. We will all love that conversation. Okay. If there is no --
Bird: I move we adjourn.
Milam: Second.
De Weerd: I have a motion and a second to adjourn. All those in favor say aye.
All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 5:55 P.M.
(AUDIO ING ON FILE OF THESE PROCEEDINGS)
MAYORY DE WEERD DATE APPROVED
ATTEST,:
C. JAY CUES, CITY CLERK
Yum
1
�l w
S�q� � 0
Meridian City Council Meeting
DATE: January 24, 2017 ITEM NUMBER: 5
PROJECT NUMBER:
ITEM TITLE: Memorandum of Agreement
Memorandum of Agreement with West Ada School District For Joint Use Of Sports
Facilities
MEETING NOTES
u� 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
MEMORANDUM OF AGREEMENT
FOR JOINT USE OF SPORTS FACILITIES
This MEMORANDUM OF AGREEMENT FOR JOINT USE OF SPORTS
FACILITIES ("MOA") is made this 2.1_ day of & -rj , 2017 ("Effective Date"), by and
between the City of Meridian, a municipal corporation organlz d under the laws of the State of
Idaho ("City"), and West Ada School District, a school district organized under the laws of the State
of Idaho ("District").
WHEREAS, the parties hereto are mutually interested in encouraging and supporting
athletic programs for students and community members and recognize that through cooperation,
publicly -held facilities can be used to meet broader community needs for education and recreation
than either party can provide separately; and
WHEREAS, District's Policy no. 1003.10, "Use of School Facilities" states, among other
things, that "City recreation programs shall pay fees as established by a separate Memorandum of
MOA";
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the recitals above, which are
incorporated herein, City and District agree as follows.
I. JOINT USE OF DISTRICT FACILITIES.
A. Priority Gyms defined. As used herein, "Priority Gyms" shall mean the specifically
enumerated gymnasiums within District facilities that are designated by this MOA for City
priority use. Gymnasiums designated as "Priority Gyms" are:
1, Heritage Middle School Practice and Main Gym's, 4990 North Meridian Road, Meridian,
Idaho;
2. Paramount Elementary School Gym, 550 West Producer Drive, Meridian, Idaho; and
3. Meridian Middle School Wes Lowe Gym, 1507 West 8th Street, Meridian, Idaho.
4. Meridian Academy Gym, 2311 E Lanark St, Meridian, Idaho.
5. Willow Creek Elementary School Gym, 6195 N Long Lake Way, Meridian, Idaho.
6. Victory Middle School Gym, 920 W, Kodiak Drive, Meridian, Idaho.
B. City's rights and obligations regarding Priority Gyms.
1. School first priority use. At all times school activities shall have first priority for usage.
2. City next priority use. During the school year, Monday through Friday, between the
conclusion of school activities (i.e., approximately 6:00 p.m,) and 11:00 p.m., City shall be
entitled to the first right of use among non -District groups of the Priority Gyms for adult
MOA WITH WEST ADA SCHOOL DISTRICT FOR JOINT USE OF SPORTS FACILITIES PAGE I OF 4
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3. A change in circumstances that renders the performance by either party a detriment to the
public health, safety, or welfare.
I. Termination process. Either party may terminate this MOA by providing sixty (60) days
advance written notice of intention to terminate.
J. Construction and severability. If any part of this MOA is held to be invalid or unenforceable,
such holding will not affect the validity or enforceability of any other part of this MOA so long
as the remainder of the MOA is reasonably capable of completion.
K. Entire agreement. This MOA contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral or written, whether previous to the execution
hereof or contemporaneous herewith. This MOA is intended to supersede the previous
"Memorandum of Agreement for Joint Use of Sports Facilities" entered into the Parties on
November 9, 2010.
L. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of
this MOA 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.
M. Applicable law. This MOA shall be governed by and construed and enforced in accordance
with the laws of the State of Idaho.
N. Approval required. This MOA shall not become effective or binding until approved by the
duly authorized entities of both City and District. The parties signatory hereto represent and
warrant that each is duly authorized to bind, respectively, City and District to this MOA in all
respects.
IN WITNESS WHEREOF, the parties shall cause this MOA to be executed by their duly
authorized officers to be effective as of the day and year first above written.
WEST ADA SCHOOL DISTRICT:
BY: NANA Ala
Dr. M y Ann Ranells, Superintendent
CITY OF MERIDIAN:
BY:
Tammye eerd
Mayor
Attest;
Jay Col
City Clerk
MOA WITH WEST ADA SCHOOL DISTRICT FOR JOINT USE OF SPORTS FACILITIES PAGE 4 OF 4
Meridian City Council Meeting
DATE: January 24, 2017 ITEM NUMBER: 5
PROJECT NUMBER:
ITEM TITLE: Interagency Governmental Agreement
Interagency Governmental Agreement with West Ada School District For Waiver Of
Costs And Fees
MEETING NOTES
Rfl 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
INTERAGENCY GOVERNMENTAL AGREEMENT
FOR WAIVER OF COSTS AND FEES
THIS INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF
COSTS AND FEES ("Agreement") is made and entered into this day of
LGA UGC- , 2017, by and between West Ada School District; an Idaho school
district and tody politic and corporate of the State of Idaho ("District") and the City of
Meridian, an Idaho municipal corporation ("City").
RECITALS
A. District is a Joint School District organized and operating pursuant to Idaho. Code
Title 33.
B. City is a public entity organized and operating pursuant to Idaho Code Title 50.
C. District and City serve largely the same constituencies, comprised of the same taxpayers.
D. District and City each charge various fees for certain services that they provide.
E. In furtherance of mutual partnerships, District and City desire to enter into a mutual fee
waiver agreement whereby neither party may be obligated to pay certain specified fees or
charges to the other.
F. Idaho Code § 67-2332 provides that one or more public agencies may contract with
any one or more other public agencies to perform any governmental service, activity,
or undertaking which each public agency entering into the contract is authorized by
law to perform, provided that such contract is authorized by the governing body of
each party and that such contract shall set forth fully the purposes, powers, rights,
objectives and responsibilities of the contracting parties.
G. District and City are both "taxing districts," as defined by Idaho Code § 63-201.
H. In consideration of the above, the purpose of this Agreement is to set forth in writing
the parties' agreement that neither party shall be obligated to provide any fees or
charges to the other during the term of this Agreement as further set forth below.
AGREEMENT
NOW, TIIEREFORE, in consideration of the mutual covenants and agreements
herein contained, the parties do mutually undertake, promise, and agree as follows:
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES— I
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4.8 Headings. The headings used in this Agreement are used for convenience
only and are not to be considered in construing or interpreting this Agreement.
4.9 Counterparts. This Agreement may be executed in two or more
counterparts, each of which shall be deemed an original, but both of which together shall
constitute one and the same.
4.10 Limitations on Liability. The parties hereto agree that nothing herein
contained shall be construed to create a joint venture, partnership, or other similar
relationship which might subject any party to liability for the debts and/or obligations of
the others, except as otherwise expressly agreed in this Agreement.
4.11 Time is of the Essence. Time shall be of the essence for all events and
obligations to be performed under this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the
day and year first above written.
WEST ADA SCHOOL DISTRICT:
LU&&ORA
Dr. M Ann Ranells Superintendent \�c
Y �(1
CITY OF MERIDIAN:
Tammy de erd, Mayor
Attest:
C4ay Co s, City Clerk
INTERAGENCY GOVERNMENTAL AGREEMENT FOR WAIVER OF COSTS AND FEES - 6
Meridian City Council Meeting
DATE: January 24, 2017 ITEM NUMBER: 5D
PROJECT NUMBER: H-2016-0091
ITEM TITLE: T -Mobile
Addendum to Development Agreement for T -Mobile (H-2016-0091) with Idaho
Conference of Seventh -day Adventists, Inc. and T -Mobile located at 1855 N. Black Cat
Road in the SE'/4 of Section 4, Township 3N., Range 1 W. Original Development
Agreement was recorded on October 31, 2005 (Instrument No. 105164027)
MEETING NOTES
M APPROVED
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 2017-007435
BOISE IDAHO Pgs=4 LISA BATT 01/25/2017 12:50 PM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. Idaho Conference of Seventh -day Adventists Inc., Owner
3. T -Mobile, Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this day of 2017, ("ADDENDUM"), by and between City of
Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E.
Broadway Avenue, Meridian, Idaho 83642 and Idaho Conference of Seventh -day
Adventists, Inc., whose address is 1735 N. Black Cat Road, Meridian, Idaho 83642
("OWNER") and T -Mobile, whose address is 121 W. Election Road, Suite 330, Draper,
Utah 84020, ("DEVELOPER"),
RECITALS
A. CITY and OWNERAND/OR DEVELOPER entered into thatcertain
Development Agreement that was recorded on October 31, 2005 in the real property records
of Ada County as Instrument No. 105164027 ("DEVELOPMENT AGREEMENT")
B. CITY and OWNER AND/OR DEVELOPERnow desire to amend the
Development Agreement, which terms have been approved by the Meridian City Council in
accordance with Idaho Code Section 67-6511.
NOW, THEREFORE, in consideration ofthe covenants and conditions set
forth herein, the parties agree as follows:
1. OWNER and/or DEVELOPER shall be bound by the terms of the Development
Agreement, except as specifically amended as follows:
S. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT
PROPERTY:
5,1. "Developer" shall develop the "Property" in accordance with the
following special conditions:
5, LI 0 That the following be the only allowed uses on this property: churches, their
associated uses and a single slimline wireless communication facility.
ADDENDUM TO DEVELOPMENT AGREEMENT - T -Mobile -H-2016-0091 Page 1 of 4
2. That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian
and the Property shall be subject to de -annexation if the Owner and/or Developer, or their
assigns, heirs, or successor shall not meet the conditions of this Addendum, and the
Ordinances of the City of Meridian as herein provided.
3. This Addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including City's corporate
authorities and their successors in office. This Addendum shall be binding on the Owner
and/or Developer of the Property, each subsequent owner and any other person(s) acquiring
an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the
Property, or portions thereof, except that any sale or alienation shall be subject to the
provisions hereon and any successor owner or owners shall be both benefited and bound by
the conditions and restrictions herein expressed. City agrees, upon written request of Owner
and/or Developer, to execute appropriate and recordable evidence of termination of this
Addendum if City, in its sole and reasonable discretion, had determined that Owner and/or
Developer have fully performed its obligations under this Addendum.
4. If any provision of this Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
5. This Addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner and/or Developer and City relative to the subject matter
herein, and there are no promises, agreements, conditions or under -standing, either oral or
written, express or implied, between Owner and/or Developer and City, other than as are
stated herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Addendum shall be binding upon the parties hereto unless reduced
to writing and signed by them or their successors in interest or their assigns, and pursuant,
with respect to City, to a duly adopted ordinance or resolution of City.
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject Property herein
provided for can be modified or amended within the approval of the City
Council after the City has conducted public hearing(s) in accordance with
the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
6. This Addendum shall be effective as of the date herein above written.
7. Except as amended by the Addendum, all terms of the previous Agreements shall
remain in full force and effect.
ADDENDUM TO DEVELOPMENT AGREEMENT - T -Mobile -H-2016-0091 Page 2 of 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERS:
Idaho Conference of Seventh -day Adventists, Inc.
DEVELOPER:
T -Mobile
A
By: ✓�
RP0RA
lop
ATTEST:
C,Jay Col s, City Clerk
CITY OF MERIDIAN
By.
Mayor a ny de Weerd
ADDENDUM TO DEVELOPMENT AGREEMENT - T Mobile -H-2016.0091 Page 3 of 4
STATE OF IDAHO
ss:
County of Ada, )
On this 6V day of i 2017, before me, the undersigned, allotary Public in and for said
State, personally appeared 4 ' known or identified to me to be the
ofthe Ids ho Conference df Seventh -day Adventists, Inc., and acknowledged to me
that he executed the same on behalf of said church
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
In this certificate first above written.
(SEAL)
Notary Public for Idaho
BARBARA EASTERDAY_j Residing at: 4 >. r.A)
Notary Public My Commission xpires,(, A Vs
State of Idaho
STATE OF 11 -WH 1
ss:
County ofL� )
On this 0 day of W _,N�=
e, the undersigned, a Notary Public in and for said
State, personal y appeared _ known or identified to me to be the
ACI of T -Mobile, and acknowledged to me that he executed the same on behalf of said
Company.
IN WITNESS WHEREOF, I have hereunto set my hand and a ed my official seal the day and year
In this certificate first above written.
Notit(SEAT. tty Public
ti D.
Notary Public for
May Residing at:
StsktOf h My Commission Expires: ZO
STATE OF IDAHO
ss
County of Ada
On thi� day of �J�� �2017, before me, a Notary Public, personally appeared
Tammy de Weerd and C.Jay Coles, know or Ide tified to me to be the Mayor and Cleric, respectively, of the
City of Meridian, who executed the instrument or the person that executed the instrument on behalfofsaid City,
and acknowledged to me that such City executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year
in this certificate fiF4W lb iV;n,
•
�•
(SEAL) ; v-3 %I r+ Notary Public for daho /
• Residing at: ft'u
Commission expires:
�9 •
ADDENDUM TO Dt%p �GREEMENT - T -Mobile -H-2016.0091 Page 4 of 4
Meridian City Council Meeting
DATE: January 24, 2017 ITEM NUMBER: 5E
PROJECT NUMBER: H-2016-0131
ITEM TITLE: Dorado Subdivision
Addendum to Development Agreement for W.H. Moore and Jake Wylie for Dorado
Subdivision (MDA -H-2016-0131) located at 2490 & 2976 E. Overland Road, in the
southeast'/4 of Section 17, Township 3N., Range 1 E. Applicant requesting modification
to Original Development Agreement (Instrument No. 105127512)
MEETING NOTES
rte✓ APPROIED
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 2017-007434
BOISE IDAHO Pgs=4 LISA BATT 01/25/2017 12:49 PM
CITY OF MERIDIAN, IDAHO NO FEE
ADDENDUM TO DEVELOPMENT AGREEMENT
PARTIES: 1. City of Meridian
2. W.H. Moore, Owner
3. Jake Wylie, Developer
THIS ADDENDUM TO DEVELOPMENT AGREEMENT is dated
this day of SG"�(JG,' , 2017, ("ADDENDUM"), by and between City of
Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E.
Broadway Avenue, Meridian, Idaho 83642 and W.H. Moore, ("OWNER"), whose address is
1940 S. Bonito Way., Ste 168, Meridian, Idaho 83642 and Jake Wylie, ("DEVELOPER"),
whose address is 1464 E. Territory Drive, Meridian, ID 83646.
RECITALS
A. CITY and OWNER and/or DEVELOPER entered into that certain
Development Agreement that was recorded on September 2, 2005 in the real property records
of Ada County as Instrument No. 105127515 ("DEVELOPMENT AGREEMENT");
B. CITY and OWNER and/or DEVELOPER now desire to amend the
Development Agreement, which terms have been approved by the Meridian City Council in
accordance with Idaho Code Section 67-6511.
NOW, THEREFORE, in consideration of the covenants and conditions set
forth herein, the parties agree as follows:
1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement;
however the Development Agreement shall be amended as follows:
5.1.1. Notwithstanding the status of the property as a planned development, no new
buildings are approved for construction on that part of the property that is identtfred as
lots 3, 15 & 16 on the preliminary plat except, pursuant to an application for
conditional use permit submitted to and approved by City prior to submittal of any
Certificate of Zoning Compliance application and/or building permit. If the property
within Overland Way Subdivision adjoining said lots to the north and west ceases to be
used for residential purposes, this requirement shall be deemed waived with respect to
any of said lots which abut such adjoining property.
No other changes to the provisions of the original Development Agreement are
approved.
ADDENDUM TO DEVELOPMENT AGREEMENT -DORADO SUBDIVISION, MDA H 2016-0131 Page 1 of 4
2. That Owner and/or Developer agrees to abide by all ordinances of the City of Meridian
and the Property shall be subject to de -annexation if the Owner and/or Developer, or their
assigns, heirs, or successor shall not meet the conditions of this Addendum, and the
Ordinances of the City of Meridian as herein provided.
3. This Addendum shall be binding upon and insure to the benefit of the parties'
respective heirs, successors, assigns and personal representatives, including City's corporate
authorities and their successors in office. This Addendum shall be binding on the Owner
and/or Developer of the Property, each subsequent owner and any other person(s) acquiring
an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the
Property, or portions thereof, except that any sale or alienation shall be subject to the
provisions hereon and any successor owner or owners shall be both benefited and bound by
the conditions and restrictions herein expressed. City agrees, upon written request of Owner
and/or Developer, to execute appropriate and recordable evidence of termination of this
Addendum if City, in its sole and reasonable discretion, had determined that Owner and/or
Developer have fully performed its obligations under this Addendum.
4. If any provision of this Addendum is held not valid by a court of competent
jurisdiction, such provision shall be deemed to be excised from this Addendum and the
invalidity thereof shall not affect any of the other provisions contained herein.
5. This Addendum sets forth all promises, inducements, agreements, condition, and
understandings between Owner and/or Developer and City relative to the subject matter
herein, and there are no promises, agreements, conditions or under -standing, either oral or
written, express or implied, between Owner and/or Developer and City, other than as are
stated herein. Except as herein otherwise provided, no subsequent alteration, amendment,
change or addition to this Second Addendum shall be binding upon the parties hereto unless
reduced to writing and signed by them or their successors in interest or their assigns, and
pursuant, with respect to City, to a duly adopted ordinance or resolution of City.
a. Except as herein provided, no condition governing the uses and/or
conditions governing development of the subject Property herein
provided for can be modified or amended within the approval of the City
Council after the City has conducted public hearing(s) in accordance with
the notice provisions provided for a zoning designation and/or
amendment in force at the time of the proposed amendment.
6. This Addendum shall be effective as of the date herein above written.
7. Except as amended by the Addendum, all terms of the previous Development
Agreement shall remain in full force and effect.
ADDENDUM TO DEVELOPMENT AGREEMENT - DORADO SUBDIVISION, MDA H 2016-0131 Page 2 of 4
ACKNOWLEDGMENTS
IN WITNESS WHEREOF, the parties have herein executed this agreement
and made it effective as hereinabove provided.
OWNERS:
W. 00
DEVELOPER:
A �-'
Oe Wylie
rp
�G
L �' r f
u �
Ilj
I� W
s qL ,H°
ATTEST:
4ayy les, City Clerk
CITY OF MERIDIAN
STATE OF IDA 110 )
tis:
County of Ada, )
On this _Rl� day of JfflklkWtt 2017, before me, the undersigned, a Notary Public in and for said
State, personally appeared Moore, known or iclen(irled to 111e to be the person who signed above, and
aekTlolwledged to me that lie, executed 11110 soma,
IN WITNES.
ill this eertiticate titst
(SEAT.)
STATE OF IDAHO
County of Ada,
ss:
o set my hand and affixed my official sea, the day and year
Notary Public f r >dahoa
Residing at: )Q01 S -t
My Commission Expires: 0� =17
On this I qt-� day of_'Rnv-&rtj 2017, before me, the undersigned, a Notary Public in and for said
State, personally appeared Jake Wylie, known or identified to me to be the person who signed above, and
acknowledged to me that he executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and.affixed my official seal the day and year
in this certificate first above written.
CANDLE THOMAS
NOTARY PUBLIC
STATE OF IDAHO
STATE OF IDAHO
ss
County of Ada
On this day ofJ Gil 1"Le
Tammy de Weerd and C. Jay, Coles, kno
City of Meridian, who executed the instrur
and acknowledged to me that such City e)
Notary Public for Idaho
Residing at Wo.MM , ::�(J
My Commission Expires: oq - W- aD
�� � •'1f11'7 t.aF ..e ...o � l�TAf�.-.. 1
'ublic, personally appeared
A Clerk, respectively, of the
=ent on behalf of said City,
ind and affixed my official seal the day and year
L
3z— )'CG �
Meridian City Council Meeting
DATE: January 24, 2017
ITEM TITLE: Laruel's Townhomes
ITEM NUMBER: 5F
PROJECT NUMBER:
Final Plat for Laurel's Townhomes (H-2016-0136) by Scott Noriyuki, Northside
Management Located 2116 S. Accolade Avenue
MEETING NOTES
U ct, (116 til
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: January 24, 2017 ITEM NUMBER: 5G
PROJECT NUMBER: H-2016-0134
ITEM TITLE: Jump Creek Subdivision No. 2
Final Order for Jump Creek Subdivision No. 2 (H-2016-0134) by Trilogy Idaho Located of
5335 N. Black Cat Road
MEETING NOTES
u 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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR JUMP CREEK SUBDIVISION NO. 2 (H-2016-0134)
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: JANUARY 17, 2017
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF FIFTY-NINE (59)
BUILDING LOTS AND ELEVEN
(11) COMMON LOTS ON 17.02
ACRES OF LAND IN THE R-8
ZONING DISTRICT FOR JUMP
CREEK SUBDIVISION NO. 2.
BY: TRILOGY IDAHO
APPLICANT
)
)
)
)
)
)
)
)
)
)
)
)
)
CASE NO. H-2016-0134
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on January 17, 2017 for final plat approval
pursuant to Unified Development Code (UDC) 11-6B-3 and the Council finding that the
Administrative Review is complete by the Planning and Development Services Divisions of the
Community Development Department, to the Mayor and Council, and the Council having
considered the requirements of the preliminary plat, the Council takes the following action:
IT IS HEREBY ORDERED THAT:
1. The Final Plat of “PLAT SHOWING JUMP CREEK SUBDIVISION NO. 2,
LOCATED IN THE E 1/2 OF THE SE ¼ OF SECTION 28, TOWNSHIP 4N.,
RANGE 1W., BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY,
IDAHO, 2017, HANDWRITTEN DATE: 12/27/16, by GREGORY G. CARTER,
PLS, SHEET 1 OF 4,” is conditionally approved subject to those conditions of
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR JUMP CREEK SUBDIVISION NO. 2 (H-2016-0134)
Page 2 of 3
Staff as set forth in the staff report to the Mayor and City Council from the
Planning and Development Services divisions of the Community Development
Department dated January 17, 2017, a true and correct copy of which is attached
hereto marked “Exhibit A” and by this reference incorporated herein, and the
response letter from Kent Brown, a true and correct copy of which is attached
hereto marked “Exhibit B” and by this reference incorporated herein.
2. The final plat upon which there is contained the certification and signature of the
City Clerk and the City Engineer verifying that the plat meets the City’s
requirements shall be signed only at such time as:
2.1 The plat dimensions are approved by the City Engineer; and
2.2 The City Engineer has verified that all off-site improvements are
completed and/or the appropriate letter of credit or cash surety has been
issued guaranteeing the completion of off-site and required on-site
improvements.
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code § 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review may be filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521. An affected person being a person who has an
interest in real property which may be adversely affected by this decision may, within twenty-
eight (28) days after the date of this decision and order, seek a judicial review pursuant to Idaho
Code§ 67-52.
By action of the City Council at its regular meeting held on the day of
S�rlV�r , 2017.
or
On �l w
2
Attest: � S'�'°40�
TReASURE\41
C.Jhy Cole
City Clerk
By:
Tammy e r -d
Mayor y of Meridian
Copy served upon the Applicant, Planning and Development Services Divisions of the
Community Development Department and City Attorney. 11
By: G ��� c� Dated: l 7 d
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR JUMP CREEK SUBDIVISION NO. 2 (H-2016-0134)
Page 3 of 3
EXHIBIT A
Jump Creek No. 2 – FP H-2016-0134 PAGE 1
STAFF REPORT
Hearing Date: January 17, 2017
TO: Mayor and City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Jump Creek No. 2 (H-2016-0134)
I. APPLICATION SUMMARY
The applicant, Trilogy Idaho, has applied for approval of a final plat (FP) consisting of fifty-nine (59)
residential lots and eleven (11) common lots on approximately 17.02 acres of land in the R-8 zoning
district. This is the second phase of development for Jump Creek Subdivision.
II. STAFF RECOMMENDATION
Staff recommends approval of the final plat application subject to the conditions noted below. These
conditions shall be considered in full, unless expressly modified or deleted by motion of the City Council.
III. PROPOSED MOTION
Approval
I move to approve File Number H-2016-0134 as presented in the staff report for the hearing date of
January 17, 2017, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2016-0134 as presented during the hearing on January 17, 2017, for
the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2016-0134 to the hearing date of (insert continued hearing date
here) for the following reason(s): (You should state specific reason(s) for continuance.)
IV. APPLICATION AND PROPERTY FACTS
A. Site Address/Location:
The site is located at 5335 N. Black Cat Road in the southeast ¼ of Section 28, Township 4
North, Range 1 West.
B. Applicant:
Trilogy Idaho
9895 W. Cable Car Street
Boise, Idaho 83709
C. Owner:
Viper Investments
1977 E. Overland Road
Meridian, Idaho 83642
EXHIBIT A
Jump Creek No. 2 – FP H-2016-0134 PAGE 2
D. Representative:
Kent Brown, Kent Brown Planning Services
3161 E. Springwood Drive
Meridian, Idaho 83642
V. STAFF ANALYSIS
The proposed final plat consists of 59 residential building lots and 11 common lots on approximately
17.02 acres of land in the R-8 zoning district. The minimum property size is 6,000 square feet with an
average size of 7,561 square feet. The gross density for this phase is 3.46 dwelling units per acre with
a net density of 4.76 dwelling units per acre.
A total of 1.93 acres (or 11.3%) of land is proposed as open space in this phase consisting of a park
with children’s play equipment and micro-paths.
Because the number of building lots and the amount of common open space is the same, staff finds
the proposed plat to be in substantial compliance with the approved preliminary plat as required by
UDC11-6B-3C.2.
VI. SITE SPECIFIC CONDITIONS
1. The applicant is to meet all terms of the approved annexation (AZ-14-011), preliminary plat (PP-
12-018) and development agreement (Instrument #2014-105206) for this development.
2. The applicant has until July 11, 2018, to obtain City Engineer’s signature on the final plat or
apply for a time extension in accord with UDC 11-6B-7.
3. Prior to submittal for the City Engineer’s signature, have the Certificate of Owners and the
accompanying acknowledgement signed and notarized.
4. Revise the notes on the face of the plat prepared Gregory G. Carter on 12/27/16 prior to signature
on the final plat by the City Engineer, as follows:
a. Note #2: Remove Lot 10, Block 6 and Lot 3, Block 9 from portions of lots affected by the
ACHD storm water drainage easement as the easement is not graphically depicted on those
lots; or, graphically depict the easement on these lots if they do exist.
b. Add a note that references the recorded development agreement (Instrument #2014-105206).
c. Note #9: Include recorded instrument number.
d. Note #10: The rear lot lines of Lots 8-12, Block 8, Lots 1-98, Block 9 shall be subject to. . .”
e. Note #10: Graphically depict the gravity irrigation easement on Lots 1-8, Block 9.
5. The landscape plan prepared by South Landscape Architecture, dated 12/12/16, is approved as
shown in Exhibit D.
6. All fencing shall be installed in accordance with UDC 11-3A-7. Temporary construction fencing
to contain debris shall be installed at the subdivision boundary prior to release of building permits
for this subdivision. Note: The maximum fence height in the required front yard is 4 foot if an
open vision material is used and 3 feet if a closed vision material is used.
7. Stormwater integration facilities shall comply with the standards listed in UDC 11-3B-11C.
8. Prior to signature of the final plat by the City Engineer, the applicant shall provide a letter from
the United States Postal Service stating that the applicant has received approval for the location of
mailboxes. Contact the Meridian Postmaster, Kimberly Cutler, at 887-1620 for more information.
EXHIBIT A
Jump Creek No. 2 – FP H-2016-0134 PAGE 3
9. Staff’s failure to cite specific ordinance provisions or conditions from the preliminary plat does
not relieve the applicant of responsibility for compliance.
10. Prior to the issuance of a building permit, the final plat shall be recorded.
11. Temporary construction fencing to contain debris shall be installed at the subdivision boundary
prior to release of building permits for this subdivision.
12. Future homes constructed within the subdivision must comply with the submitted elevations
approved with the recorded development agreement. Lots 3-6 and 8-9, Block 4shall incorporate a
mix of materials, windows and decorative trim, pop-outs, covered porches and two variations in
the roof lines to provide articulation and modulation to the side and rear facades that face N.
Black Cat Road.
13. The applicant shall maintain surface water delivery to the adjacent properties and participate in
the maintenance of the drainage ditches within and near the boundaries of the Jump Creek
property in accord with the recorded development agreement.
15. The developer shall comply with the best practice standards approved with the recorded
development agreement as follows:
Continue groundwater monitoring of the site through at least next irrigation season to
more accurately gage peak levels and confirm current estimates. The soils report and
groundwater monitoring are to be referred to and documented in the construction
documents as each phase is designed. Particular attention is to be paid to finished lot
grades in relation to estimated ground water levels.
Construction drawings with each development phase shall include a master grading plan
addressing drainage within each block and the drainage patterns on each lot. The plans
shall also include:
a. Finished grades for all roads, back of curbs at lots, rear lot line swales, side lot line
swales where appropriate;
b. Lot existing grade prior to grading operations;
c. Lot finished grade to be achieved following grading operations;
d. Minimum and Maximum top of foundation wall elevations for each lot;
e. Reference to the soils reports and recommendations provided by the soils consultant;
f. Reference to the “Recommendations for Homebuilders” memo provided by the soils
consultant; and
g. The homebuilder to comply with required top of foundation elevations or submit an
engineered site grading plan certifying compliance with grading plan.
16. A street light plan will need to be submitted for review with the civil plans. In addition to type 2
lighting on internal streets, the plan will need to include a type 1 lights along the frontage of
Black Cat Road. Street lighting conduit will need to be extended along black Cat to the northern
subdivision boundary. Street light plan requirements are listed in section 6-5 of the Improvement
Standards for Street Lighting. A copy of the standards can be found at
http://www.meridiancity.org/public_works.aspx?id=272
VII. GENERAL REQUIREMENTS
1. Sanitary sewer service to this development is available via extension of existing mains adjacent to
the development. The applicant shall install mains to and through this subdivision; applicant shall
coordinate main size and routing with the Public Works Department, and execute standard forms
of easements for any mains that are required to provide service. Minimum cover over sewer
mains is three feet, if cover from top of pipe to sub-grade is less than three feet than alternate
EXHIBIT A
Jump Creek No. 2 – FP H-2016-0134 PAGE 4
materials shall be used in conformance of City of Meridian Public Works Departments Standard
Specifications.
2. Water service to this site is available via extension of existing mains adjacent to the development.
The applicant shall be responsible to install water mains to and through this development,
coordinate main size and routing with Public Works.
3. All improvements related to public life, safety and health shall be completed prior to occupancy
of the structures. Where approved by the City Engineer, an owner may post a performance surety
for such improvements in order to obtain City Engineer signature on the final plat as set forth in
UDC 11-5C-3B.
4. Upon installation of the landscaping and prior to inspection by Planning Department staff, the
applicant shall provide a written certificate of completion as set forth in UDC 11-3B-14A.
5. A letter of credit or cash surety in the amount of 110% will be required for all incomplete
fencing, landscaping, amenities, pressurized irrigation, prior to signature on the final plat.
6. The City of Meridian requires that the owner post with the City a performance surety in the
amount of 125% of the total construction cost for all incomplete sewer, water infrastructure prior
to final plat signature. This surety will be verified by a line item cost estimate provided by the
owner to the City. The applicant shall be required to enter into a Development Surety Agreement
with the City of Meridian. The surety can be posted in the form of an irrevocable letter of credit,
cash deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
7. The City of Meridian requires that the owner post to the City a warranty surety in the amount of
20% of the total construction cost for all completed sewer, and water infrastructure for a duration
of two years. This surety amount will be verified by a line item final cost invoicing provided by
the owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
Community Development Department website. Please contact Land Development Service for
more information at 887-2211.
8. In the event that an applicant and/or owner cannot complete non-life, non-safety and non-health
improvements, prior to City Engineer signature on the final plat and/or prior to occupancy, a
surety agreement may be approved as set forth in UDC 11-5C-3C.
9. Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
10. It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
11. Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
12. Developer shall coordinate mailbox locations with the Meridian Post Office.
13. All grading of the site shall be performed in conformance with MCC 11-1-4B.
14. Compaction test results shall be submitted to the Meridian Building Department for all building
pads receiving engineered backfill, where footing would sit atop fill material.
EXHIBIT A
Jump Creek No. 2 – FP H-2016-0134 PAGE 5
15. The engineer shall be required to certify that the street centerline elevations are set a minimum of
3-feet above the highest established peak groundwater elevation. This is to ensure that the bottom
elevation of the crawl spaces of homes is at least 1-foot above.
16. The applicants design engineer shall be responsible for inspection of all irrigation and/or
drainage facility within this project that do not fall under the jurisdiction of an irrigation district
or ACHD. The design engineer shall provide certification that the facilities have been installed in
accordance with the approved design plans. This certification will be required before a certificate
of occupancy is issued for any structures within the project.
17. At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
18. Street light plan requirements are listed in section 6-5 of the Improvement Standards for Street
Lighting (http://www.meridiancity.org/public_works.aspx?id=272). All street lights shall be
installed at developer’s expense. Final design shall be submitted as part of the development plan
set for approval, which must include the location of any existing street lights. The contractor’s
work and materials shall conform to the ISPWC and the City of Meridian Supplemental
Specifications to the ISPWC. Contact the City of Meridian Transportation and Utility
Coordinator at 898-5500 for information on the locations of existing street lighting.
19. The applicant shall provide easement(s) for all public water/sewer mains outside of public right of
way (include all water services and hydrants). The easement widths shall be 20-feet wide for a
single utility, or 30-feet wide for two. The easements shall not be dedicated via the plat, but
rather dedicated outside the plat process using the City of Meridian’s standard forms. The
easement shall be graphically depicted on the plat for reference purposes. Submit an executed
easement (on the form available from Public Works), a legal description prepared by an Idaho
Licensed Professional Land Surveyor, which must include the area of the easement (marked
EXHIBIT A) and an 81/2” x 11” map with bearings and distances (marked EXHIBIT B) for
review. Both exhibits must be sealed, signed and dated by a Professional Land Surveyor. DO
NOT RECORD. Add a note to the plat referencing this document. All easements must be
submitted, reviewed, and approved prior to signature of the final plat by the City Engineer.
20. Applicant shall be responsible for application and compliance with and NPDES permitting that
may be required by the Environmental Protection Agency.
21. Any existing domestic well system within this project shall be removed from domestic service per
City Ordinance Section 9-1-4 and 9 4 8 contact the City of Meridian Water Department at
(208)888-5242 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources.
22. Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact the Central District Health Department for abandonment
procedures and inspections.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 9-1-28.C.1). The applicant should be required to use any existing surface
or well water for the primary source. If a surface or well source is not available, a single -point
connection to the culinary water system shall be required. If a single-point connection is utilized,
the developer will be responsible for the payment of assessments for the common areas prior to
development plan approval.
24. All irrigation ditches, canals, laterals, or drains, exclusive of natural waterways, intersecting,
crossing or laying adjacent and contiguous to the area being subdivided shall be tiled per UDC
EXHIBIT A
Jump Creek No. 2 – FP H-2016-0134 PAGE 6
11-3A-6. In performing such work, the applicant shall comply with Idaho Code 42-1207 and any
other applicable law or regulation.
VIII. EXHIBITS
A. Vicinity/Zoning Map
B. Approved Preliminary Plat (dated: 10/22/14)
C. Proposed Final Plat
D. Proposed Landscape Plan (dated: 12/12/16)
EXHIBIT A
Jump Creek No. 2 – FP H-2016-0134 PAGE 7
Exhibit A – Vicinity/Zoning Map
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EXHIBIT A
Jump Creek No. 2 – FP H-2016-0134 PAGE 8
Exhibit B – Approved Jump Creek Subdivision (dated: 10/22/14)
EXHIBIT A
Jump Creek No. 2 – FP H-2016-0134 PAGE 9
Exhibit C – Proposed Final Plat(dated: 12/27/16)
EXHIBIT A
Jump Creek No. 2 – FP H-2016-0134 PAGE 10
Exhibit D. – Proposed Landscape Plan (dated: 12/12/16)
EXHIBIT A
Jump Creek No. 2 – FP H-2016-0134 PAGE 11
EXHIBIT A
Jump Creek No. 2 – FP H-2016-0134 PAGE 12
EXHIBIT A
Jump Creek No. 2 – FP H-2016-0134 PAGE 13
EXHIBIT B
Sonya Allen
From: kent brown <kentlkb@gmail.com>
Sent: Thursday, January 12, 2017 2:16 PM
To: Sonya Allen
Subject: Re: Jump Creek Sub. 2 - FP H-2016-0134 Staff Report for 1/17/17 Council Mtg
My clients have reviewed the staff report and are in agreement.
Kent
On Thu, Jan 12, 2017 at 1:50 PM, Sonya Allen <sallen@meridiancity.org> wrote:
Are you in agreement with the staff report? If so, and let me know before 3:001 can have it placed on the
consent agenda O thx
Sonya Allen I Associate City Planner
City of Meridian ( Community Development Department
33 E. Broadway Ave., Ste. 102, Meridian, Idaho 83642
Phone: 208-884-5533IDirect: 208-489-0578IFax: 208-489-0578
Built for Business, Designed for Living
11)inw. meridiancitl). org/comtnztnity development.as
All e-mail messages sent to or received by City of 1feridian e-mail accounts are subject to the Idaho lain,
in regards to both release and retention, and may be released upon request, unless exempt f ow disclosure by law.
From: Sonya Allen
Sent: Wednesday, January 11, 2017 10:56 AM
Meridian City Council Meeting
DATE: January 24, 2017 ITEM NUMBER: 5H
PROJECT NUMBER:
ITEM TITLE: Acceptance Agreements
Acceptance Agreements for Display of Artwork in Initial Point Gallery, Meridian City Hall
between City of Meridian and:
Megan Sharratt, February 2017
Genie Sue Weppner, August 2017
MEETING NOTES
u 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
ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT
GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the day of
2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho ("City"), and Megan Sharratt, an individual
person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.")
WHEREAS, the City desires that public art will be a component of Meridian City Hall
and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as
Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on
the third floor of Meridian City Hall, the address of which is 33 E. Broadway Ave., Meridian,
Idaho ("Initial Point Gallery");
WHEREAS, in response to the Call to Artists, Artist did submit a proposal, comprised of
the materials attached hereto as Exhibit B ("Proposal"), for the display of artwork in Initial Point
Gallery;
WHEREAS, on November 10, 2016, the Meridian Arts Commission ("Commission")
reviewed the responses to the Call to Artists, selected Artist's work for display based on the
Proposal, and recommended to the Meridian City Council that Artist's artwork, as depicted in the
Proposal, be displayed in Initial Point Gallery;
WHEREAS, at its regular meeting on December 6, 2016, the Meridian City Council
adopted such recommendation and directed the Commission to work with Artist to establish a
display of Artist's artwork in Initial Point Gallery; and
WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of
public business, that Initial Point Gallery is a public place, and that while the City seeks to
encourage artistic expression and public dialogue, the City must simultaneously ensure that
Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and
perspectives feel welcome and comfortable•,
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
Artist shall personally deliver to Initial Point Gallery, on February 3, 2017, at such time as is
specified by the Arts & Culture Specialist, artwork which shall substantially conform to the
description of such artwork set forth in Exhibit B hereto. Artist shall be responsible for hanging
such artwork on February 3, 2017, at the direction of the Arts & Culture Specialist; shall allow
the display of such work in Initial Point Gallery from February 3, 2017 through February 2,
2017, in accordance with the terms of this Agreement; and shall be responsible for removal of
such artwork on February 3, 2017, at such time as is specified by the Arts & Culture Specialist.
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1
II. COMPENSATION AND SALE OF ARTWORK.
A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the
pleasure of the Meridian City Council. City shall not provide compensation to Artist for
services, work, and/or any activity undertaken pursuant to or related to this Agreement.
B. Sale of artwork. Artist may, at the direction of and in the manner established by the
Arts & Culture Specialist, passively offer the artwork on display in Initial Point Gallery
for sale. No price shall be displayed on or be proximate to any piece on display in Initial
Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any
transaction related to the sale of artwork shall be handled solely by Artist. Artist
acknowledges the Commission's request that Artist voluntarily donate to the Commission
twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point
Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist
may remove such artwork from the Gallery, provided that Artist replaces the removed
piece with another piece of artwork within twenty-four (24) hours of such removal.
Artist shall coordinate the removal, replacement, and/or substitution of any and all
artwork with the Arts & Culture Specialist prior to such activity.
III. TIME OF PERFORMANCE.
Artist shall provide services described in this Agreement in a timely manner, as described
herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this
Agreement, and that the failure to timely perform any of the obligations hereunder shall
constitute a default of this Agreement.
IV. INSTALLATION.
A. Coordination with Curator. Prior to the installation, removal, replacement, and/or
substitution of the display in Initial Point Gallery or any portion or component thereof,
Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be
responsible for contacting the Gallery Curator between December 30, 2016 and January
20, 2017 to confirm details regarding the installation, removal, publicity, and promotion of
the exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this
paragraph shall constitute a default of this Agreement.
B. Inspection of display. Prior to or after installation, the Arts & Culture Specialist and/or
the City may inspect and/or review the artwork proposed by Artist for display in Initial
Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached
hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in
Exhibit B, as well as to ensure that such artwork may be safely and appropriately
displayed in Initial Point Gallery. If the Arts & Culture Specialist or the City concludes
that the display or any portion or component thereof does not meet the criteria set forth in
Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set
forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point
Gallery, the Arts & Culture Specialist or the City may require the immediate removal of
such artwork from Initial Point Gallery. Further, the Arts & Culture Specialist or the City
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2
may require the immediate removal of such artwork from Initial Point Gallery where
such removal serves the best interest of the City.
V. DISPLAY.
A. Original artwork. Artist warrants that any and all artwork provided by Artist for display
in Initial Point Gallery shall be, and is, original work conceived and created by Artist.
B. Photographs of artwork. City may photograph the artwork displayed in Initial Point
Gallery, as City may desire for purposes of advertising, marketing, and public
information. Where practicable and to the extent of City's authority, Artist shall be
acknowledged on each such photograph to be the creator of the original subject thereof,
provided that photographic reproductions of artwork shall not be identified as or
represented to be the finished artwork.
C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for
purposes of advertising, marketing, and public information, without violation of Artist's
rights of privacy or any other rights Artist may possess under this Agreement, provided
that City shall not use Artist's logo, if any, for any purpose without the express, written
permission of Artist.
D. Use of City's name. City hereby conveys to Artist permission to use City's name for
purposes of advertising, marketing, and public information, without violation of City's
rights of privacy or any other rights City may possess under this Agreement, provided
that Artist shall not use City's logo for any purpose without the express, written
permission of the Mayor's Chief of Staff.
E. Removal of artwork by City. City shall have the right to remove Artist's artwork from
public display at any time and for any reason. Such removal may be temporary or
permanent in nature. Where such artwork is or is intended to be removed from public
display for longer than forty-eight (48) hours, City shall notify Artist in the manner set
forth herein. While it is intended that Artist's artwork will be displayed in Initial Point
Gallery for the period set forth herein, this period may be shortened by City for any
reason, without notice to the Artist.
F. Removal of artwork by Artist. Artist shall coordinate with the Arts & Culture
Specialist the removal, replacement, and/or substitution of any and all artwork prior to
such activity, whether such activity is necessary due to the sale of a piece or for any other
reason.
G. Simultaneous display. City may elect to display the work of more than one Artist or
Organization in Initial Point Gallery at any time, at the City's sole discretion. The
manner and arrangement of the display(s) in Initial Point Gallery shall be determined by
the Arts & Culture Specialist.
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 3
VI. INDEMNIFICATION, WAIVER, AND INSURANCE.
A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the
City and any and all of its employees, agents, volunteers, and/or elected officials from
any and all losses, claims, and judgments for damages or injury to persons or property,
and from any and all losses and expenses caused or incurred by Artist or Artist's servants,
agents, employees, guests, and/or invitees.
B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against
City, including the right of contribution for loss and damage to persons or property
arising from, growing out of, or in any way connected with or incident to Artist's
performance of this Agreement, whether such loss or damage may be attributable to
known or unknown conditions, except for liability arising out of the tortious conduct of
City or its officers, agents or employees.
C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft,
or damage of artwork displayed in Initial Point Gallery or to cover any activity
undertaken by Artist in the furtherance of Artists' rights or obligations described herein.
Insurance of the artwork; of the Artist's person, property, or interests; and/or of the
Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain
all necessary insurance as may be required in order to protect Artist's insurable interests
for its rights and obligations described within this Agreement, including, but not limited
to, liability insurance, automobile insurance, worker's compensation insurance, and/or
insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and
all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for,
transported to, transported from, installed or hung in, and/or displayed in Initial Point
Gallery.
VII. TERMINATION.
A. Termination for cause. If City determines that Artist has failed to comply with or is in
default of any term or condition of this Agreement, violated any of the covenants,
agreements, and/or stipulations of this Agreement, falsified any record or document
required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other
act of misconduct in the performance of this Agreement; or if either Party willfully or
negligently defaults in, or fails to fulfill, its material obligations under this Agreement;
the other Party shall have the right to terminate the Agreement by providing 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) calendar days, not including
Sundays or federal holidays, after the other party mails such notice to cure the default. If
the default is not cured within such period, this Agreement shall be terminated
immediately upon mailing of written notice of termination.
B. Termination without cause. City may immediately terminate this Agreement for any
reason at any time without prior notice to Artist.
C. Termination upon death or incapacity of Artist. This Agreement shall automatically
terminate upon the death or incapacity of Artist.
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4
D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall
not be construed as a waiver of a breach of the same or any other provision hereof.
VIII. GENERAL PROVISIONS.
A. Relationship of Parties. It is the express intention of Parties that Artist is an
independent party and not an employee, agent, joint venturer, or partner of City. Nothing
in this Agreement shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Artist and City or between Artist and
any official, agent, or employee of City. Both parties acknowledge that Artist is not an
employee of City. Artist shall retain the right to perform services for others during the
term of this Agreement.
B. Compliance with law. Throughout the course of this Agreement, Artist shall comply
with any and all applicable federal, state, and local laws.
C. Non -Discrimination. In fulfilling or exercising any right or obligation under this
Agreement, Artist shall not discriminate against any person as to race, creed, religion,
sex, age, national origin, sexual orientation or any physical, mental, or sensory disability.
D. Entire agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements
made by either party, or agents of either party, whether oral or written, and whether
previous to the execution hereof or contemporaneous herewith. The terms of this
Agreement may not be enlarged, modified or altered except upon written agreement
signed by both parties hereto.
E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement. Venue shall be
in the courts of Ada County, Idaho.
F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise,
the exercise of any remedy provided for herein or allowed by law shall not be to the
exclusion of any other remedy.
G. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall
not be affected.
H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations
under this Agreement that require or that may require Artist's artistic talent or expertise.
Artist may subcontract or assign obligations that do not require Artist's artistic talent or
expertise. All of the terms, provisions, covenants and conditions of this Agreement shall
inure to the benefit of, and shall be binding upon, each party and their successors,
assigns, legal representatives, heirs, executors, and administrators.
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5
EXHIBIT A
CALL TO ARTISTS
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7
440
Meridian Commission
Call for Artists: 2017 INITIAL POINT GALLERY SERIES
OVERVIEW:
The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional
artwork as part of the 2017 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial
Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open
to the public during City working hours. Initial Point Gallery provides about 100 feet of total wall space for hanging
two-dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists
voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery.
ELIGIBILITY:
Two-dimensional works displayed in Initial Point Gallery must be comprised of professional -quality, ready -to -hang,
original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit
within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using
the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the
sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general
requirements. Selectees will be required to pay a $35 gallery maintenance fee and enter into an Acceptance
Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if
selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery.
Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work.
PROPOSAL REQUIREMENTS:
Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following
materials and information to MAC via email in order to be considered for selection.
• Completed, signed Application Et Acknowledgements form;
Letter of intent, including biography of the artist(s) or informational statement regarding organization;
• 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); and
• Five (5) digital images representational of the works proposed for display (for organizations, each image must be of
a different artist's work); and
• $35 gallery maintenance fee, upon acceptance. (nonrefundable)
Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited
assistance producing digital images may be available upon request. Materials submitted will not be returned.
DEADLINE:
To be considered, all proposals must be received by MAC by 5:00 p.m. on Friday, October 7, 2016.
SELECTION PROCESS:
The selection of art for the 2017 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by email.
In evaluating eligible proposals, the following factors will be considered:
• Proposal's adherence to the Call for Artists;
• Quality of work;
• Appropriateness of subject and concept for a functioning government workplace;
• Consistency with City policy and community values; and
• Contribution to aesthetic and cultural atmosphere of Meridian City Hall.
RESOURCES PROVIDED UPON SELECTION:
Following selection, selectees will be required to pay a $35 gallery maintenance fee and enter into an Acceptance
Agreement with the City setting forth specific conditions of display. The City of Meridian will provide selected artists/
organizations with the following resources:
• Volunteers to assist artist/organization with installing and removing each piece of artwork;
• Track system for hanging 2D art and four enclosed pedestals for 3D art;
• Space for artist information and/or an information board; and
• Limited publicity of the exhibit through City contacts, local media, and other informational forums.
CONTACT MAC: macCmeridiancity.org
EXHIBIT B
ARTIST'S PROPOSAL
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9
October 5, 2016
Meridian Arts Commission
To whom it may concern,
I am applying for a solo gallery show at the Initial Point Gallery in 2017. 1 am a lifetime
resident of Meridian and am a young, emerging artist. I plan to surge the gallery with a youthful
vibrancy and bring fresh new eyes to this particular venue. This letter will illustrate my intentions
and why I make a good candidate to display art.
a. Artist's Vision
My theme for this proposed display will be "Among Roses". I incorporate roses into all
my art. It has become one of my most favorite things to paint and illustrate. I would love to
explore more portraits and landscapes featuring my stylized roses. I would also love to solely
focus on the roses themselves as a centerpiece of their own show. I also want to incorporate
some of my 3D works, which are wearable and functional items featuring the same roses.
intend for all content to be viewable and appropriate for all ages. I feel my art is so vibrant and
youthful that it would bring that same vibe to the venue. I am an unique talent and I feel my art
would have a positive impact on the Initial Point Gallery.
b. Number, Dimension, Prices, Media
I am constantly making art. Upon selection I plan to fill the gallery with as many pieces
of art as possible. The dimensions of my art vary but average from sizes 16x20 to 36x48. My
prices range from $50 to $500. 1 plan for my works of this exhibition to be mainly acrylic,
aerosol, and collage on canvas.
c. Publicity Upon Selection
If selected I plan on making flyers/postcards and passing out to local organizations as
well as friends and family. I will use community calendars through KTVB, local papers, and the
Boise Weekly. I will also use contacts with HerCampus Boise State to get a younger audience
to view said display. I also plan on using social media platforms to promote and create buzz
about the event.
d. Challenges or Issues
I have no problem with installing D Rings onto my canvases and don't expect to run into
any challenges regarding installation of my art.
Thank you for the opportunity and I look forward to hearing from you.
Love and Light,
Megan Sharratt
Mega nthemakerQgmail. com
(208)761-2574
About the Artist
A perfect blend of down-to-earth and urbanite, Megan is the perfect representation for her native
city. Her vibrant personality and compassion makes her an excellent friend, and her bold aspirations
and creative imagination make her an INCREDIBLE artist. As a matter of fact, Megan has shown
that any person, regardless of age, can live their dreams if they only have the courage to pursue
them. In 2015, she officially started her own art business (The Naked Neighbor), leaving behind a
well -payed management position in a coffee shop. She had realized that, while she could work a
standard eight hour shift at an office or even as a barista, at the end of the day, it wasn't what she
wanted. So she decided to take a chance on herself, and she jumped headfirst into her dreams!
Every day her work gives her a sense of fulfillment, and she has never been happier. Social media
has been a HUGE contributor to building her success; Megan runs an active Facebook page and
Instagram account for The Naked Neighbor and has caught quite a bit of attention with her art. Her
pieces are "edgy, urban and young" and every time she finishes one, it instantly becomes her new
favorite.
Megan's biggest inspiration comes from music, particularly hip-hop. She has done several pieces
inspired by some of her favorite artists, and it is rare that you will ever find her without her
headphones somewhere nearby. Another heavy influence in her art comes from her identity as "a
girly-tomboy;" most of her close friends are guys, and her art often blurs the lines between the
masculine and the feminine, "showing the stronger side of the women and the softer, more delicate
side of men who are often considered to be `hard."'
ACCEPTANCE AGREEMENT:
DISPLAY OF ARTWORK IN INITIAL POINT GALLERY, MERIDIAN CITY HALL
This ACCEPTANCE AGREEMENT: DISPLAY OF ARTWORK IN INITIAL POINT
GALLERY, MERIDIAN CITY HALL ("Agreement") is made on the day of ,
2017 ("Effective Date"), by and between the City of Meridian, a municipal corporation
organized under the laws of the State of Idaho ("City"), and Genie Sue Weppner, an individual
person ("Artist"). (City and Artist may hereinafter be collectively referred to as "Parties.")
WHEREAS, the City desires that public art will be a component of Meridian City Hall
and to that end, the Meridian Arts Commission has invited Artist to display artwork in Initial
Point Gallery, an art gallery on the third floor of Meridian City Hall, the address of which is 33
E. Broadway Ave., Meridian, Idaho ("Initial Point Gallery");
WHEREAS, on November 10, 2016, the Meridian Arts Commission ("Commission")
recommended to the Meridian City Council that Artist's artwork, as depicted in the Proposal, be
displayed in Initial Point Gallery;
WHEREAS, at its regular meeting on December 6, 2016, the Meridian City Council
adopted such recommendation and directed the Commission to work with Artist to establish a
display of Artist's artwork in Initial Point Gallery; and
WHEREAS, the Parties acknowledge that Meridian City Hall is primarily a place of
public business, that Initial Point Gallery is a public place, and that while the City seeks to
encourage artistic expression and public dialogue, the City must simultaneously ensure that
Meridian City Hall is a place where citizens, employees, and visitors of diverse ages and
perspectives feel welcome and comfortable;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
Artist shall personally deliver artwork to Initial Point Gallery, on July 28, 2017, at such time as is
specified by the Arts & Culture Specialist. Artist shall be responsible for hanging such artwork
on July 28, 2017, at the direction of the Arts & Culture Specialist; shall allow the display of such
work in Initial Point Gallery from July 28, 2017through August 31, 2017, in accordance with the
terms of this Agreement; and shall be responsible for removal of such artwork on September 1,
2017, at such time as is specified by the Arts & Culture Specialist.
II. COMPENSATION AND SALE OF ARTWORK.
A. No compensation. Artist shall display Artist's artwork in Initial Point Gallery at the
pleasure of the Meridian City Council. City shall not provide compensation to Artist for
services, work, and/or any activity undertaken pursuant to or related to this Agreement.
B. Sale of artwork. Artist may, at the direction of and in the manner established by the
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 1
Arts & Culture Specialist, passively offer the artwork on display in Initial Point Gallery
for sale. No price shall be displayed on or be proximate to any piece on display in Initial
Point Gallery. City personnel shall not facilitate in any way the sale of Artist's work; any
transaction related to the sale of artwork shall be handled solely by Artist. Artist
acknowledges the Commission's request that Artist voluntarily donate to the Commission
twenty percent (20%) of proceeds from any artwork sold due to its display in Initial Point
Gallery. Upon the sale of a piece of artwork on display in Initial Point Gallery, Artist
may remove such artwork from the Gallery, provided that Artist replaces the removed
piece with another piece of artwork within twenty-four (24) hours of such removal.
Artist shall coordinate the removal, replacement, and/or substitution of any and all
artwork with the Arts & Culture Specialist prior to such activity.
III. TIME OF PERFORMANCE.
Artist shall provide services described in this Agreement in a timely manner, as described
herein. Artist acknowledges and agrees that time is strictly of the essence with respect to this
Agreement, and that the failure to timely perform any of the obligations hereunder shall
constitute a default of this Agreement.
IV. INSTALLATION.
A. Coordination with Curator. Prior to the installation, removal, replacement, and/or
substitution of the display in Initial Point Gallery or any portion or component thereof,
Artist shall coordinate any and all such activity with the Gallery Curator. Artist shall be
responsible for contacting the Gallery Curator between May 26, 2017 and June 28,
2017to confirm details regarding the installation, removal, publicity, and promotion of the
exhibit. Artist's failure to affirmatively contact the Gallery Curator as required by this
paragraph shall constitute a default of this Agreement.
B. Inspection of display. Prior to or after installation, the Arts & Culture Specialist and/or
the City may inspect and/or review the artwork proposed by Artist for display in Initial
Point Gallery to ensure compliance with all criteria set forth in the Call to Artists attached
hereto as Exhibit A, and the Application and Acknowledgements Form attached hereto in
Exhibit B, as well as to ensure that such artwork may be safely and appropriately
displayed in Initial Point Gallery. If the Arts & Culture Specialist or the City concludes
that the display or any portion or component thereof does not meet the criteria set forth in
Exhibits A and B, does not reflect artwork as described and depicted in the Proposal set
forth in Exhibit B, or cannot be safely and/or appropriately displayed in Initial Point
Gallery, the Arts & Culture Specialist or the City may require the immediate removal of
such artwork from Initial Point Gallery. Further, the Arts & Culture Specialist or the City
may require the immediate removal of such artwork from Initial Point Gallery where
such removal serves the best interest of the City.
V. DISPLAY.
A. Original artwork. Artist warrants that any and all artwork provided by Artist for display
in Initial Point Gallery shall be, and is, original work conceived and created by Artist.
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 2
B. Photographs of artwork. City may photograph the artwork displayed in Initial Point
Gallery, as City may desire for purposes of advertising, marketing, and public
information. Where practicable and to the extent of City's authority, Artist shall be
acknowledged on each such photograph to be the creator of the original subject thereof,
provided that photographic reproductions of artwork shall not be identified as or
represented to be the finished artwork.
C. Use of Artist's name. Artist hereby conveys to City permission to use Artist's name for
purposes of advertising, marketing, and public information, without violation of Artist's
rights of privacy or any other rights Artist may possess under this Agreement, provided
that City shall not use Artist's logo, if any, for any purpose without the express, written
permission of Artist.
D. Use of City's name. City hereby conveys to Artist permission to use City's name for
purposes of advertising, marketing, and public information, without violation of City's
rights of privacy or any other rights City may possess under this Agreement, provided
that Artist shall not use City's logo for any purpose without the express, written
permission of the Mayor's Chief of Staff.
E. Removal of artwork by City. City shall have the right to remove Artist's artwork from
public display at any time and for any reason. Such removal may be temporary or
permanent in nature. Where such artwork is or is intended to be removed from public
display for longer than forty-eight (48) hours, City shall notify Artist in the manner set
forth herein. While it is intended that Artist's artwork will be displayed in Initial Point
Gallery for the period set forth herein, this period may be shortened by City for any
reason, without notice to the Artist.
F. Removal of artwork by Artist. Artist shall coordinate with the Arts & Culture
Specialist the removal, replacement, and/or substitution of any and all artwork prior to
such activity, whether such activity is necessary due to the sale of a piece or for any other
reason.
G. Simultaneous display. City may elect to display the work of more than one Artist or
Organization in Initial Point Gallery at any time, at the City's sole discretion. The
manner and arrangement of the display(s) in Initial Point Gallery shall be determined by
the Arts & Culture Specialist.
VI. INDEMNIFICATION, WAIVER, AND INSURANCE.
A. Indemnification. Artist shall, and hereby does, indemnify, save, and hold harmless the
City and any and all of its employees, agents, volunteers, and/or elected officials from
any and all losses, claims, and judgments for damages or injury to persons or property,
and from any and all losses and expenses caused or incurred by Artist or Artist's servants,
agents, employees, guests, and/or invitees.
B. Waiver. Artist shall, and hereby does, waive any and all claims and recourse against
City, including the right of contribution for loss and damage to persons or property
arising from, growing out of, or in any way connected with or incident to Artist's
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 3
performance of this Agreement, whether such loss or damage may be attributable to
known or unknown conditions, except for liability arising out of the tortious conduct of
City or its officers, agents or employees.
C. Insurance Artist's responsibility. City shall not provide insurance to cover loss, theft,
or damage of artwork displayed in Initial Point Gallery or to cover any activity
undertaken by Artist in the furtherance of Artists' rights or obligations described herein.
Insurance of the artwork; of the Artist's person, property, or interests; and/or of the
Artist's employees or agents shall be the sole responsibility of Artist. Artist shall obtain
all necessary insurance as may be required in order to protect Artist's insurable interests
for its rights and obligations described within this Agreement, including, but not limited
to, liability insurance, automobile insurance, worker's compensation insurance, and/or
insurance of the artwork to be displayed in Initial Point Gallery. Artist shall bear any and
all risks of, and actual, loss of, theft of, and/or damage to the artwork prepared for,
transported to, transported from, installed or hung in, and/or displayed in Initial Point
Gallery.
VII. TERMINATION.
A. Termination for cause. If City determines that Artist has failed to comply with or is in
default of any term or condition of this Agreement, violated any of the covenants,
agreements, and/or stipulations of this Agreement, falsified any record or document
required to be prepared under this Agreement, engaged in fraud, dishonesty, or any other
act of misconduct in the performance of this Agreement; or if either Party willfully or
negligently defaults in, or fails to fulfill, its material obligations under this Agreement;
the other Party shall have the right to terminate the Agreement by providing 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) calendar days, not including
Sundays or federal holidays, after the other party mails such notice to cure the default. If
the default is not cured within such period, this Agreement shall be terminated
immediately upon mailing of written notice of termination.
B. Termination without cause. City may immediately terminate this Agreement for any
reason at any time without prior notice to Artist.
C. Termination upon death or incapacity of Artist. This Agreement shall automatically
terminate upon the death or incapacity of Artist.
D. Non -waiver. A waiver of any breach or default of any provision of this Agreement shall
not be construed as a waiver of a breach of the same or any other provision hereof.
VIII. GENERAL PROVISIONS.
A. Relationship of Parties. It is the express intention of Parties that Artist is an
independent party and not an employee, agent, joint venturer, or partner of City. Nothing
in this Agreement shall be interpreted or construed as creating or establishing the
relationship of employer and employee between Artist and City or between Artist and
any official, agent, or employee of City. Both parties acknowledge that Artist is not an
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 4
employee of City. Artist shall retain the right to perform services for others during the
term of this Agreement.
B. Compliance with law. Throughout the course of this Agreement, Artist shall comply
with any and all applicable federal, state, and local laws.
C. Non -Discrimination. In fulfilling or exercising any right or obligation under this
Agreement, Artist shall not discriminate against any person as to race, creed, religion,
sex, age, national origin, sexual orientation or any physical, mental, or sensory disability.
D. Entire agreement. This Agreement constitutes the entire understanding between the
Parties. This Agreement supersedes any and all statements, promises, or inducements
made by either party, or agents of either party, whether oral or written, and whether
previous to the execution hereof or contemporaneous herewith. The terms of this
Agreement may not be enlarged, modified or altered except upon written agreement
signed by both parties hereto.
E. Agreement governed by Idaho law. The laws of the State of Idaho shall govern the
validity, interpretation, performance and enforcement of this Agreement. Venue shall be
in the courts of Ada County, Idaho.
F. Cumulative rights and remedies. All rights and remedies herein enumerated shall be
cumulative and none shall exclude any other right or remedy allowed by law. Likewise,
the exercise of any remedy provided for herein or allowed by law shall not be to the
exclusion of any other remedy.
G. Severability. If any provision of this Agreement is found by a court of competent
jurisdiction to be illegal, invalid, or unenforceable, the remainder of this Agreement shall
not be affected.
H. Successors and assigns. Artist shall not subcontract or assign any of Artist's obligations
under this Agreement that require or that may require Artist's artistic talent or expertise.
Artist may subcontract or assign obligations that do not require Artist's artistic talent or
expertise. All of the terms, provisions, covenants and conditions of this Agreement shall
inure to the benefit of, and shall be binding upon, each party and their successors,
assigns, legal representatives, heirs, executors, and administrators.
I. Notice. Any and all notice required to be provided by the Parties hereto, unless otherwise
stated in this Agreement, shall be in writing and shall be deemed communicated upon
mailing by United States Mail, addressed as follows:
Artist:
Genie Sue Weppner
2800 N. Lancaster Drive
Boise ID 83702
City:
Hillary Bodnar
Arts & Culture Specialist
33 E. Broadway Ave.
Meridian ID 83642
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 5
Either party may change its respective mailing address by giving written notice of such
change in the manner herein provided.
J. City Council approval required. The validity of this Agreement shall be expressly
conditioned upon City Council action approving the Agreement. Execution of this
Agreement by the persons referenced below prior to such ratification or approval shall
not be construed as proof of validity in the absence of Meridian City Council approval.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
Effective Date written above.
ARTIST:
p,'CCD AUG J..
I
G5) o,
enie Sue ppner
City of
CITY OF MERIDIAN: II I �TIIAN*ANO
BY: 44
Tammy de rd. Mayor
Attest:
C. ay Col s, City Clerk
ACCEPTANCE AGREEMENT— INITIAL POINT GALLERY DisPLAY PAGE 6
EXHIBIT A
CALL TO ARTISTS
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 7
Meridian Commission
Call for Artists: 2017 INITIAL POINT GALLERY SERIES
OVERVIEW:
The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional
artwork as part of the 2017 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial
Point Gallery is located on the third floor of Meridian City Hall (33 E. Broadway Avenue, Meridian, Idaho), and is open
to the public during City working hours. Initial Point Gallery provides about 100 feet of total wall space for hanging
two-dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists
voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery.
ELIGIBILITY:
Two-dimensional works displayed in Initial Point Gallery must be comprised of professional -quality, ready -to -hang,
original art. Selectees must fill all or half of the gallery. Three-dimensional works may be of any medium, but must fit
within the four supplied display cases. No artwork will be displayed which: cannot be safely hung or displayed using
the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the
sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general
requirements. Selectees will be required to pay a $35 gallery maintenance fee and enter into an Acceptance
Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if
selected again, 75% of the display must be artwork that has not been previously displayed in Initial Point Gallery.
Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work.
PROPOSAL REQUIREMENTS:
Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following
materials and information to MAC via email in order to be considered for selection.
Completed, signed Application Ft Acknowledgements form;
Letter of intent, including biography of the artist(s) or informational statement regarding organization;
• 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); and
• Five (5) digital images representational of the works proposed for display (for organizations, each image must be of
a different artist's work); and
• $35 gallery maintenance fee, upon acceptance. (nonrefundable)
Details and forms are available at the City's website, http://www.meridiancity.org or upon request. Limited
assistance producing digital images may be available upon request. Materials submitted will not be returned.
DEADLINE:
To be considered, all proposals must be received by MAC by 5:00 p.m. on Friday, October 7, 2016.
SELECTION PROCESS:
The selection of art for the 2017 Initial Point Gallery Series will be made by MAC. MAC will notify selectees by email.
In evaluating eligible proposals, the following factors will be considered:
• Proposal's adherence to the Call for Artists;
• Quality of work;
• Appropriateness of subject and concept for a functioning government workplace;
• Consistency with City policy and community values; and
• Contribution to aesthetic and cultural atmosphere of Meridian City Hall.
RESOURCES PROVIDED UPON SELECTION:
Following selection, selectees will be required to pay a $35 gallery maintenance fee and enter into an Acceptance
Agreement with the City setting forth specific conditions of display. The City of Meridian will provide selected artists/
organizations with the following resources:
• Volunteers to assist artist/ organization with installing and removing each piece of artwork;
• Track system for hanging 2D art and four enclosed pedestals for 3D art;
• Space for artist information and/or an information board; and
• Limited publicity of the exhibit through City contacts, local media, and other informational forums.
CONTACT MAC: macCmeridiancity.org
EXHIBIT B
APPLICATION AND ACKNOWLEDGMENTS FORM
ACCEPTANCE AGREEMENT - INITIAL POINT GALLERY DISPLAY PAGE 9
Meridian Commission
filings] s
APPLICANT CONTACT INFORMATION
Check one: imam submitting this application as an individual.
❑ 1 am submitting this application for this organization:
❑ ! am submiUiiig this applicai.iuri for ari informal group:
Applicant: es e h L�_ S, t! ®� cJ.2�,. 42 f? r/
Applicant E-mail: yyr..
Mailing Address: ,j ®ZS-,0_ -7a-e-
Physical Address:
Applicant Phone: Day: ,yrs It/W. z117%5 Evening: g Cell: 5�s,,_K,
APPLICATION OVERVIEW:
Check all that apply: ❑ I/we propose to fill one half of Initial Point Gallery with two-dimensional artwork.
o-�c�,(aL ❑ 1/we propose to fill the entire Initial Point Gallery with two-dimensional artwork.
%U ❑ I/we propose to fill ❑l 112 03 134 of the display cases with 3D artwork
Number of 2D pieces: Average size of 2D pieces:
Number of 3D pieces: Average size of 3D pieces:
Proposed title or theme of show:
APPLICATION MATERIALS: All materials must be received via email to mac@meridiancity.org
❑ Completed, signed Application It Acknowledgements Form. (Informal groups: each artist must sign separate form.)
❑ Biography of artist or informational statement regarding organization, no longer than one 81/2 x 11" page;
❑ A letter of intent, describing:
a. Artist/Organization/Group's vision for and/or theme of the proposed display;
b. Number, dimensions, prices, and medium or media utilized in the works to be displayed;
c. Any publicity that the Artist/Organization/Group plans to undertake if selected; and/or
d. Any atypical issues or challenges regarding hanging or display of the works proposed for display.
❑ Up to five digital images of work representational of the artist's/organization/group's work in .jpg format.
DISPLAY INFORMATION:
inihiWl Point Gallery i,t equipped with a 'ack s stern for hanging te,r,n,_ i menional, artwork. T o -dim nSioral artwork
will be hung from cables, using hooks, and therefore must be equipped with two D rings (fig. 1) on the side rails on the
back of the frame (fig. 2). The inside of each D ring must allow a space of at least one-quarter inch (1%") for insertion
of the hooks; any wire constricting this space must be removed. The D rings should be approximately a quarter of the
distance of the total frame height from the top of the frame in order to avoid slanting away from the wall. Wires,
eyehooks, and clip frames may not be used for hanging. Initial Point Gallery also provides four display cases, each with
different dimensions (fig. 3), for displaying three-dimensional artwork.
t
1 picture Hanging with 1
T Cables
1-iG. 2. RACK OF FRHfYT
"5) J 1,
i � 3
r" 3. D ART DiSPLA`t` CASES
Y IV.
ACKNOWLEDGMENTS:
1, , hereby acknowledge the following stipulations and agree that if this proposal is
sel Qii for display at ,. iut I�^i?t /;�!l�rr ci a r•• �r s 1 .h;ec t th^r en o r, µ �^ i i £, hS
y, ach Ui�F.l , hu! accur u j a ego g Prot t rr a nd ,nd t on
well as subject to other specific terms and conditions that shall be set forth in a separate, written Acceptance
Agreement between myself and the City of Meridian. I specifically acknowledge that:
A. �� Before my work will be displayed in Initial Point Gallery, I will be required to pay a $35 gallery
AN TI L maintenance fee via cash, check, or money order, enter into an Acceptance Agreement with the City
of Meridian establishing the specific terms and conditions of the display of the particular works
displayed.
If my work is selected for display in Initial Point Gallery, the City of Meridian and its agents will
'"' exercise professional care in handling and securing all artwork displayed in Initial Point Gallery, but
cannot and will not assume liability for any toss or damage.
C. Any insurance of the artwork displayed in initial Point gallery snail be the sole responsibility of the
A artist. The City of Meridian shall not provide insurance to cover loss, theft, or damage of artwork
displayed in Initial Point Gallery.
D. While artwork displayed in Initial Point Gallery may be passively offered for sale by means of an
1 ITIA informational table, board, or handout as provided or allowed by the City of Meridian, no piece
displayed in Initial Point Gallery may have a visible price tag.
E. White it is intended that each exhibit in Initial Point Gattery will be displayed for a one- to three-
month period, this period may be shortened by the City of Meridian for any reason, without notice to
the artist or organization.
AOF. The City may display the work of more than one artist or organization in Initial Point Gallery at any
L time, at the City's sole discretion.
G. Artwork submitted for display in Initial Point Gallery must be original works conceived and created
' by the artist (or by artist members of the organization or group) submitting this application.
H. The opening night reception is scheduled by MAC; though a table and minimal staff/volunteer support
�L will be provided, I understand that I am the host and as such will be primarily responsible for any and
all reception invitations, publicity, refreshments, music, set up, tear -down, and clean-up.
l
',- 1. Meridian City Hall is primarily a place of public business and Initial Point Gallery is a public place. The
"IT'" City seeks to encourage artistic expression and public dialogue; but must simultaneously ensure that
City Hatt is a place where citizens, employees, and visitors of diverse ages and perspectives feel
welcome and comfortabte. To this end, only artists and art,,vor`k meeting the eligibility standards
described in the Call for Artists and following the terms set forth in the Acceptance Agreement shall be
displayed in Initial Point Gallery.
I do acknowledge and understand each and all of the foregoing stipulations and do agree to these general terms and
conditions. -�
Signature: Print name: ?,?! rg /710 v-
Parent Signature - If A ticant is Under 18:
Date: l�/&
To propose an exhibition in Initial Point Gallery, please submit this Application and Acknowledgements form,
completed in full, with the required materials, via a -mail to: macCmeridiancity.org
Thank you for your interest(
Meridian Commission
Meridicln Commission
Coll for Artists: 2017 INITIAL POI'
s
OVERVIEW:
The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional
artwork as part of the 2017 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial
°olnt vuitcry i5 locatcd on the third ,Floor of Mendian City butt (33 G. Broamvay AvcnUC, Mcrldiun, Idaho), and is open
to the public during City working hours. Initial Point Gallery provides about 100 feet of total watt space for hanging
two-dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists
voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery.
ELIGIBILITY:
Two-dimensional works displayed in Initial Point Gallery must be comprised of professional -quality, ready -to -hang,
wigliwt ail. Setetteeb 111USt flit all ur licit( UI ht: &1,6y. ThfCC-d 111Ci1blUildt wuikS (flay be UI defy ifledluifl, but i1lU3t fit
within the four supplied display cases. No artwork will be displayed which: cannot be safety hung or displayed using
the gallery's equipment; requires unusual maintenance, handling, or security; or is disruptive or likely to offend the
sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general
requirements. Selectees wilt be required to pay a $35 gallery maintenance fee and enter into an Acceptance
Agreement with the City setting forth specific conditions of display. Selectees and invitees may reapply annually and if
cPlertPri main, 75% of the riisptny mild he artwork that has riot been prPvin11_(y ritspiayed in (nitia( Pnint Gallery,
Small, informal groups of 2-4 artists are encouraged to propose an exhibition including all artists' work.
PROPOSAL REQUIREMENTS:
Artists or organizations wishing to display work in the 2017 Initial Point Gallery Series must provide the following
materials and information to MAC via email in order to be considered for selection.
® Completed, signed Application Et Acknowledgements form;
Letter of 1riteiit, -4-i liau iIg u110graphly Of dhe artist(s) 01, Infol Imationra-I state fiCllt rCLggarding orga A.Lation;
® 250 -word informational paragraph about the artist or organization (for use in gallery publicity if selected); and
w Five (5) digital images representational of the works proposed for display (for organizations, each image must be of
a different artist's work); and
® $35 gallery maintenance fee, upon acceptance. (nonrefundable)
Details and forms are available at the City's website, http://Www.meridiancity.org or upon request. Limited
assistance producin digital images may be available upon req:fcst. Mztcrials subrnittr d :rill not be returned.
DEADLINE:
To be considered, all proposals must be received by MAC by 5:00 p.m. on Friday, October 7, 2016.
SELECTION PROCESS:
The selection of art for the 2017 initial Point Gallery Series will be made by MAC. MAC wilt notify selectees by email.
In evaluating eligible proposals, the following factors will be considered:
® Proposal's adherence to the Call for Artists;
® Quality of work;
® Appropriateness of subject and concept for a functioning government workplace;
Consistency with City policy and community values; and
® Contribution to aesthetic and cultural atmosphere of Meridian City Hall.
IZESOURUCES PROVIDED UPON SELEC.T90�::
Following selection, selectees will be required to pay a $35 gallery maintenance fee and enter into an Acceptance
Agreement with the City setting forth specific conditions of display. The City of Meridian will provide selected artists/
organizations with the following resources:
• Volunteers to assist artist/organization with installing and removing each piece of artwork;
® Track system for hanging 2D art and four enclosed pedestals for 3D art;
® space for artist information and/or an information board; and
® Limited publicity of the exhibit through City contacts, local media, and other informational forums.
CONTACT MAC: macemeridiancity.org
Meridian City Council Meeting
DATE: January 24, 2017 ITEM NUMBER: 51
PROJECT NUMBER:
ITEM TITLE: Subrecipient Agreement
Subrecipient Agreement between City of Meridian and West Ada School District for
Program Year 2015 Community Development Block Grant Funds in an Amount Not -to -
Exceed $65,000 to Install Picnic Shelter and Amenities at Meridian Elementary School
MEETING NOTES
rte✓ 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
SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN
AND WEST ADA SCHOOL DISTRICT
FOR PY 2015 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
�L� l
2
This Agreement is entered into this sL day of -Sarl , 946 by and between the City of
Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and
West Ada School District, a school district organized under the laws of the state of Idaho
("Subrecipient").
WHEREAS, City is an entitlement community, and as such has applied for and received
funds from the United States Government under Title I of the Housing and Community
Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant
("CDBG") funds; and
WHEREAS, Subrecipient is committed to preparing today's students for tomorrow's
challenges through education, including physical education and athletic activities related to the
educational program, which complements the objectives of the CDBG program; and
WHEREAS, Subrecipient's facility and grounds are located within the heart of the city's
Low -Moderate Income (LMI) area, and serves as both a public green space as well as being
central to several LMI amenities (Meridian Food Bank, Boys & Girls Club, etc); and
WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the
investment of CDBG funds from Program Year 2015 (PY15);
NOW, THEREFORE, in consideration of the mutual covenants of the parties, the
Parties agree as follows:
I. SCOPE OF SERVICE
A. Activities. Subrecipient shall use City's PY15 CDBG funds in the amount of sixty-five
thousand ($65,000) to purchase and install a picnic shelter and park -like amenities to be
located at Meridian Elementary School, a public school. Specifically, Subrecipient shall
undertake the following activities:
1. Utilize an open competitive bid process which satisfies Idaho Code section 67-2806
for the selection of a vendor and installer of the picnic shelter and amenities.
2. Consult with the City CDBG Administrator and the City Purchasing Manager prior to
advertisement of the bid documents and prior to signing the vendor contract for the
equipment and installation to ensure inclusion of proper language related to the Davis
Bacon Act requirements and Section 3 of the Housing and Urban Development Act of
1968.
3. Contractually require selected vendor to comply with Davis Bacon Act wage
requirements and reporting for the installation of the shelter and equipment.
4. Ensure selected vendor submits all required Davis Bacon wage documentation,
including weekly payroll reports, for the installation of the picnic shelter and
amenities to West Ada School District or to City of Meridian.
Py 15 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE I OF 17
5. Purchase and install picnic shelter and amenities at Meridian Elementary School.
Submit draw down request to the City for reimbursement of said purchase up to
$65,000.
B. National Objective. Subrecipient certifies that the activities carried out with City's
PY15 CDBG funds provided by City under this Agreement will meet one or more of the
CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically,
Subrecipient's activities under this agreement shall benefit a low to moderate income area
(24 CFR § 570.208(a)(1)).
C. Levels of accomplishment.
1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to complete
one (1) Unit. For the purposes of this Agreement, "Unit of Service" shall be defined
as one completed public facility.
2. Performance measures. This project will purchase and install a picnic shelter and
park -like amenities to be located at Meridian Elementary School, 1035 NW 1" Street,
Meridian, Idaho 83642.
D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for
staffing.
E. Performance monitoring. City will monitor the performance of Subrecipient against
goals and performance measures as set forth herein. Performance monitoring shall
include City's review of Subrecipients' submitted documents for accuracy and
completion, as well as an on-site visit from City's CDBG Administrator to review the
completeness and accuracy of records maintained. Substandard performance as
determined by City shall constitute noncompliance with this Agreement. If action to
correct such substandard performance is not taken by Subrecipient within fourteen days
(14) after being notified by City, Agreement suspension or termination procedures will be
initiated.
F. Time of performance. Services of Subrecipient shall start no earlier than October 1,
2015 and end on September 30, 2016. The term of this Agreement and the provisions
herein shall be extended to cover any additional time period during which Subrecipient
remains in control of CDBG funds or other CDBG assets, including program income.
G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the form and
content as required by City, with every draw request. If Progress Reports are delinquent,
draw requests will not be processed until the delinquency is cured. Progress Reports
must contain information on outcome -based measurements as outlined in this Agreement.
II. ADMINISTRATIVE REQUIREMENTS
A. Uniform administrative requirements. Subrecipient shall comply with applicable
PY15 SUBRECIPIENT AGREEMENT -WEST ADA SCHOOL DISTRICT PAGE 2 OF 17
uniform administrative requirements, as described in 24 CFR § 570.506.
B. Financial Management.
1. Budget. Subrecipient agrees that it shall use City's PY15 CDBG funds in the amount
of sixty-five thousand ($65,000) to purchase and install a picnic shelter and park -like
amenities to be located at Meridian Elementary School, Meridian, Idaho. City may
require a detailed budget breakdown, and Subrecipient shall provide such information
in a timely fashion, and in the form and content prescribed by City.
2. Supplementation of other funds. Subrecipient agrees to utilize funds available
under this Agreement to supplement, rather than supplant, funds otherwise available.
3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21
through 84.28, and further agrees to: adhere to the accounting principles and
procedures required therein, utilize adequate internal controls, and maintain necessary
source documentation for all costs incurred.
4. Cost Principles. Subrecipient shall administer its program in conformance with
OMB Circular A-122, "Cost Principles for Non -Profit Organizations." These
principles shall be applied for all costs incurred, whether charged on a direct or
indirect basis.
5. Certification of financial management system. Payments shall be contingent upon
HUD's certification of Subrecipient's financial management system in accordance
with 24 CFR § 84.21.
6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's
CDBG Program Administrator prior to submitting the first draw request to City. City
will not process draw requests unless and until Subrecipient attends this meeting.
7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility
for services provided. Such data shall include, but not be limited to: client name,
address, income level or other basis for determining eligibility, and description of
service provided. Such information shall be made available for review upon City's
request.
8. Disclosures. Subrecipient understands that client information collected under this
Agreement is private and the use or disclosure of such information, when not directly
connected with the administration of City or Subrecipient's responsibilities under this
Agreement, is prohibited by the Financial Privacy Act unless written consent is
obtained from such person receiving service and, in the case of a minor, that of a
responsible parent/guardian.
9. Property Records. Subrecipient shall maintain real property inventory records that
clearly identify properties purchased, improved or sold. Properties retained shall
PY15 SUBRECIPIENT AGREEMENT -WEST ADA SCHOOL DISTRICT PAGE 3 OF 17
continue to meet eligibility criteria.
10. Closeout. Subrecipient's obligation to City shall not end until all closeout
requirements are completed. Activities during this closeout period shall include, but
shall not be limited to: making final payments, disposing of program assets (including
the return of all unused materials, equipment, unspent cash advances, program
income balances, and accounts receivable to City), and determining the custodianship
of records. Notwithstanding the foregoing, the terms of this Agreement shall remain
in effect during any period that Subrecipient has control over CDBG funds, including
program income.
11. Audits and inspections. All Subrecipient records with respect to any matters
covered by this Agreement shall be made available to City, HUD or its agent, or other
authorized federal officials, at any time during normal business hours, as often as
deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant
data for purposes of investigation to ascertain compliance with the rules, regulations
and provisions stated herein. Any deficiencies noted in audit reports must be fully
repaired by Subrecipient within thirty (30) days after receipt of such report by
Subrecipient. Failure of Subrecipient to comply with the above audit requirements
will constitute a violation of this Agreement and may result in the withholding of
future payments. Subrecipient hereby agrees to have an annual agency audit
conducted in accordance with current City policy concerning audits and as applicable,
OMB Circular A-133.
Sub -recipient shall comply with OMB Circular A-133, Subpart B, Section 200(a)
which requires that all non -Federal entities that expend $500,000 or more in a year
have a single or program -specific audit conducted in accordance with A-133. Sub -
recipient shall be willing to allow inquires from the City about the sub -recipient's
financial statements and single audit reports. If subrecipient is subject to this
requirement, a copy of the audit report shall be provided to the City within 30 days of
completion of the audit.
12. Suspension and Disbarment
Non -Federal entities are prohibited from contracting with or making subawards under
covered transactions to parties that are suspended or debarred. "Covered transactions"
include those procurement contracts for goods and services awarded under a
nonprocurement transaction (e.g., grant or cooperative agreement) that are expected
to equal or exceed $25,000 or meet certain other criteria specified in 2 CFR section
180.220. All nonprocurement transactions entered into by a recipient (i.e., subawards
to subrecipients), irrespective of award amount, are considered covered transactions,
unless they are exempt as provided in 2 CFR section 180.215.
C. Payment Procedures.
1. Program Income. The activities governed by this agreement are not anticipated to
PY15 SUBRECIPIENT AGREEMENT -WEST ADA SCHOOL DISTRICT PAGE 4 OF 17
generate program income as Subrecipient shall not charge its members for the
service. Any change to the activities described herein that will generate program
income shall require an amendment to this agreement.
2. Indirect Costs. Indirect costs are not eligible for CDBG funding.
3. Payment Procedures. City will pay to Subrecipient funds available under this
Agreement based upon information submitted by Subrecipient and consistent with
any approved budget and City policy concerning payments. Payments will be made
for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash
requirements. Payments will be adjusted by City in accordance with advance fund
and program income balances available in Subrecipient's accounts. In addition, City
reserves the right to liquidate funds available under this Agreement for costs incurred
by City on behalf of Subrecipient.
4. Draw requests. It is expressly agreed and understood that the total amount to be paid
by City under this Agreement shall not exceed $75,000. Draw downs for the payment
of eligible expenses shall be made against the activity specified, in accordance with
performance and as expenses are incurred by Subrecipient. Draw requests shall only
be accepted on official City and/or HUD forms and must be completed in full to be
processed. All draw requests are to be submitted monthly, no later than twenty-one
(2 1) days after the end of the month for which reimbursement is being submitted.
Draw requests shall include the following: copy of the invoice for all equipment and
services from selected vendor and proof of payment by the subrecipient to the vendor.
5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this
Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time
of expiration and any accounts receivable attributable to the use of CDBG funds.
6. DUNS number. Subrecipient shall comply with requirements established by the
Office of Management and Budget ("OMB") concerning the Dun and Bradstreet Data
Universal Numbering System ("DUNS"), the Central Contractor Registration
database, and the Federal Funding Accountability and Transparency Act, including
Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and
Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified
at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal
Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663
(Sept. 14, 2010) (to be codified at 2 CFR part 170).
D. Procurement.
1. Compliance with policies. Subrecipient shall comply with current Federal and City
policies concerning the purchase of equipment and shall maintain inventory records
of all non -expendable personal property as defined by such policy as may be procured
with funds provided hereunder.
PY15 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 5 OF 17
2. OMB Standards. Subrecipient shall procure all materials in accordance with the
requirements of 24 CFR §§ 84.40 to 84.48.
3. Travel. Subrecipient shall obtain written approval from City prior to any travel
outside the Boise metropolitan area with funds provided under this Agreement.
E. Use and Reversion of Assets. The use and disposition of real property and equipment
under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and
24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to,
the following:
1. Records. Subrecipient shall maintain real property inventory records, which clearly
identify properties purchased, improved or sold.
2. National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b)(7)(i),
real property that is acquired or improved, in whole or in part, with funds under this
Agreement in excess of $25,000 shall be used to meet one of the CDBG National
Objectives until five (5) years after expiration of this Agreement. If the use of the
CDBG-assisted real property fails to meet a CDBG National Objective for this
prescribed period of time, Subrecipient shall pay City an amount equal to the current
market value of the property, less any portion of the value attributed to expenditures
of non-CDBG funds for acquisition of or improvement to the property. Such
payment shall constitute program income to City. Subrecipient may retain real
property acquired or improved under this Agreement after the expiration of the five-
year period.
3. Sale of equipment. In all cases in which equipment acquired in whole or in part with
funds under this Agreement is sold, the proceeds shall be program income, prorated
to reflect the extent to that funds received under this Agreement were used to acquire
the equipment. Equipment purchased with funds received under this Agreement but
not needed by the Subrecipient for activities under this Agreement shall be (a)
transferred to City for the CDBG program or (b) retained after compensating City an
amount equal to the current fair market value of the equipment less the percentage of
non-CDBG funds used to acquire the equipment.
F. Records and reports.
1. Records to be maintained. In addition to specific records mentioned in this
Agreement, Subrecipient shall maintain all records that are pertinent to the activities
to be funded under this Agreement, including, but not limited to, those required by
the Federal regulations specified in 24 CFR § 570.506, and:
a. Full descriptions and records of each activity undertaken;
b. Records related to activities meeting the National Objectives;
c. Records required to determine the eligibility of activities for CDBG funding;
d. Records required to document the acquisition, improvement, use or disposition of
real property acquired or improved with CDBG assistance;
PY15 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 6 OF 17
e. Records documenting compliance with the fair housing and equal opportunity
components of the CDBG Program;
f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502;
g. Other records necessary to document compliance with 24 CFR Part 570, Subpart
K, except that Subrecipient does not assume City's responsibilities under 24 CFR
§ 570.604 and part 52.
2. Records retention. Subrecipient shall retain all records pertinent to the expenditures
incurred under this Agreement for a period of five (5) years after the termination of
all activities funded under this Agreement, defined as the date of the submission of
City's final annual performance and evaluation report to HUD. Records for non -
expendable property acquired with funds under this Agreement shall be retained for
five (5) years after final disposition of such property. If, prior to the expiration of the
five-year period, any litigation, claims, audits, negotiations or other actions begin that
involve any of the records cited, such records shall be retained until completion of the
actions and resolutions of all issues, or the expiration of the five-year period,
whichever occurs later.
III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS
A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of
1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b)
and Section 109 of Title I of the Housing and Community Development Act of 1974,
Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of
1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order
11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and
570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or
improved with assistance provided under this contract, Subrecipient shall cause or require
a covenant running with the land to be inserted in the deed or lease for such transfer,
prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or
occupancy of such land, or in any improvements erected or to be erected thereon,
providing that City and the United States are beneficiaries of and entitled to enforce such
covenants. Subrecipient, in undertaking its obligation to carry out the program assisted
hereunder, agrees to take such measures as are necessary to enforce such covenant, and
will not itself so discriminate.
B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in
employment and contracting opportunities laws, regulations, and executive orders
referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable
non-discrimination provisions in Section 109 of the HCDA are also applicable.
Subrecipient will not discriminate against any employee or applicant for employment or
services because of race, color, creed, religion, ancestry, national origin, sex, disability or
other handicap, age, marital status or status with regard to public assistance. Subrecipient
will take affirmative action to insure that all employment practices are free from such
discrimination. Such employment practices include but are not limited to the following:
hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff,
PY15 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 7 OF 17
termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship.
C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to
compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which
prohibits discrimination against the handicapped in any Federally -assisted program. City
shall provide Subrecipient with any guidelines necessary for compliance with that portion
of the regulations in force during the term of this Agreement.
D. Affirmative Action.
1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant
to City's specifications an Affirmative Action Program in keeping with the principles
as provided in President's Executive Order 11246 of September 24, 1966. City shall
provide Affirmative Action guidelines to Subrecipient to assist in the formulation of
such program. Subrecipient shall submit a plan for an Affirmative Action Program for
approval prior to the award of funds.
2. Women- and Minority -Owned Businesses. Subrecipient shall use its best efforts to
afford small businesses, minority business enterprises, and women's business
enterprises the maximum practicable opportunity to participate in the performance of
this contract. As used in this contract, the terms "small business" means a business
that meets the criteria set forth in section 3(a) of the Small Business Act, as amended
(15 U.S.C. 632), and "minority and women's business enterprise" means a business at
least fifty-one (5 1) percent owned and controlled by minority group members or
women. For the purpose of this definition, "minority group members" are Afro-
Americans, Spanish-speaking, Spanish surnamed or Spanish -heritage Americans,
Asian -Americans, and American Indians. Subrecipient may rely on written
representations by businesses regarding their status as minority and female business
enterprises in lieu of an independent investigation.
E. Notifications.
1. Notice to workers. Subrecipient will send to each labor union or representative of
workers with which it has a collective bargaining agreement or other agreement or
understanding, a notice, to be provided by the agency contracting officer, advising the
labor union or workers' representative of Subrecipient's commitments hereunder, and
shall post copies of the notice in conspicuous places available to employees and
applicants for employment.
2. Solicitations for employment. Subrecipient will, in all solicitations or
advertisements for employees placed by or on behalf of Subrecipient, state that it is
an Equal Opportunity or Affirmative Action employer.
F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or
personnel employed in the administration of the program for political activities; sectarian,
PY15 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 8 OF 17
or religious activities; lobbying, political patronage, and nepotism activities.
1. Political activities. Subrecipient agrees that no funds provided, nor personnel
employed under this Agreement, shall be in any way or to any extent engage in the
conduct of political activities in violation of the Hatch Act (Title V, Chapter 15,
U.S.C.).
2. Religious activities. Subrecipient agrees that funds provided under this Agreement
will not be utilized for religious activities, to promote religious interests, or for the
benefit of a religious organization in accordance with the Federal regulations
specified in 24 CFR § 570.2000).
G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary
of Labor in accordance with the Davis -Bacon Act as amended; the provisions of
Agreement Work Hours and Safety Standards Act; the Copeland "Anti -Kickback" Act
(40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws
and regulations pertaining to labor standards insofar as those acts apply to the
performance of this Agreement. Subrecipient shall maintain documentation which
demonstrates compliance with the hour and wage requirements of this part. Such
documentation shall be made available to City for review upon request. Subrecipient
further agrees that all Contractors engaged under contracts in excess of $2,000.00 for
construction, renovation or repair of any building or work financed in whole or in part
with assistance provided under this Agreement shall comply with Federal requirements
pertaining to such Agreements and with the applicable requirements of the regulations of
the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of
wages and ratio of apprentices and trainees to journey workers; provided, that if wage
rates higher than those required under the regulations are imposed by state or local law,
nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require
payment of the higher wage.
H. Section 3 of the Housing and Urban Development Act of 1968.
1. Compliance. Compliance with Section 3 of the Housing and Urban Development
Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in
24 CFR Part 13 5, and all applicable rules and orders issued thereunder prior to the
execution of this Agreement, shall be a condition of the Federal financial assistance
provided under this Agreement and shall be binding upon City, Subrecipient and any
of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these
requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients
and subcontractors, their successors and assigns, to those sanctions specified by the
Agreement through which Federal assistance is provided. Subrecipient certifies and
agrees that no contractual or other disability exists that would prevent compliance
with these requirements.
2. Subcontract language. Subrecipient further agrees to include the following
language in all subcontracts executed under this Agreement: "The work to be
PY15 SUBRECIPIENT AGREEMENT- WEST ADA SCHOOL DISTRICT PAGE 9 OF 17
performed under this Agreement is a project assisted under a program providing
direct Federal financial assistance from HUD and is subject to the requirements of
Section 3 of the Housing and Urban Development Act of 1968, as amended (12
U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities
for training and employment be given to low and very low income residents of the
project area and Agreements for work in connection with the project be awarded to
business concerns that provide economic opportunities for low and very low income
persons residing in the metropolitan area in which the project is located."
3. Employment of low- and very -low-income persons. Subrecipient further agrees to
ensure that opportunities for training and employment arising in connections with a
housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction projects are given to low
and very -low income person residing within the metropolitan area in which the
CDBG-funded project is located; where feasible, priority should be given to low and
very low income persons within the service area of the project or the neighborhood in
which the project is located, and to low and very low income participants in other
HUD programs; and award contracts for work undertaken in connection with a
housing rehabilitation (including reduction and abatement of lead-based paint
hazards), housing construction, or other public construction project are given to
business concerns that provide economic opportunities for low and very low income
persons residing within the metropolitan area in which the CDBG-funded project is
located; where feasible, priority should be given to business concerns which provide
economic opportunities to low and very low income residents within the service area
of the neighborhood in which the project is located, and to low and very low income
participants in other HUD programs. Subrecipient certifies and agrees that no
contractual or other legal incapacity exists that would prevent compliance with these
requirements.
4. Notifications. Subrecipient agrees to send to each labor organization or
representative of workers with which it has a collective bargaining agreement or other
contract or understanding, if any, a notice advising said labor organization or
worker's representative of its commitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and applicants for
employment or training.
5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract
and will take appropriate action pursuant to the subcontract upon a finding that the
subcontractor is in violation of regulations issued by the grantor agency. Subrecipient
will not subcontract with any entity where it has notice or knowledge that the latter
has been found in violation of regulations under 24 CFR Part 135 and will not let any
subcontract unless the entity has first provided it with a preliminary statement of
ability to comply with the requirements of these regulations.
I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42
and 570.61 lm, which include, but are not limited to, the following:
PYl5 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 10 OF 17
1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct
that shall govern the performance of its officers, employees or agents engaged in the
award and administration of Agreements supported by Federal funds.
2. Contract selection. No employee, officer or agent of the Subrecipient shall
participate in the selection, or in the award, or administration of, a contract supported
by Federal funds if a conflict of interest, real or apparent, would be involved.
3. Self-interested contracts and nepotism. No persons who exercises or have
exercised any functions or responsibilities with respect to CDBG-assisted activities,
or who are in a position to participate in a decision-making process or gain inside
information with regard to such activities, may obtain a financial interest in any
Agreement, or have a financial interest in any contract, subcontract, or agreement
with respect to the CDBG-assisted activity, either for themselves or those with who
they have business or immediate family ties, during their tenure or for a period of one
(1) year thereafter. For purposes of this paragraph, a "covered person" includes any
person who is an employee, agent, consultant, officer, or elected or appointed official
of City, the Subrecipient, or any designated public agency.
J. Lobbying. The following certification is a material representation of fact upon which
reliance was placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed by
section 1352, title 31, U.S.C. Subrecipient hereby certifies that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with the awarding of any Federal Agreement,
the making of any Federal grant, the making of any Federal loan, the entering into of
any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any Federal Agreement, grant, loan, or cooperative agreement;
2. If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this Federal Agreement, grant, loan, or
cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure
Form to Report Lobbying," in accordance with its instructions;
3. Subrecipient will require that the following language be included in the award
documents for all sub -awards at all tiers (including subcontracts, sub -grants, and
contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly: "This certification is a material representation
of fact upon which reliance was placed when this transaction was made or entered
into. Submission of this certification is a prerequisite for making or entering into this
Py 15 SUBRECIPIENT AGREEMENT -WEST ADA SCHOOL DISTRICT PAGE I 1 OF 17
transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required
certification shall be subject to a civil penalty of not let less that $10,000 and not
more than $100,000 for each such failure."
IV. ENVIRONMENTAL CONDITIONS
A. Air and Water. Subrecipient specifically agrees to comply with the following
regulations insofar as they apply to the performance of this Agreement:
1. Clean Air Act, 42 U.S.C. §§ 7401, et seq.
2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating
to inspection, monitoring, entry reports, and information, as well as other
requirements specified in said Act, and all regulations and guidelines issued
thereunder.
3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50.
B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster
Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities
located in an area identified by FEMA as having special flood hazards, flood insurance
under the National Flood Insurance Program is obtained and maintained as a condition of
financial assistance for acquisition or construction purposes (including rehabilitation).
C. Lead -Based Paint. Subrecipient agrees that any construction or rehabilitation of
residential structures with assistance provided under this Agreement shall be subject to
HUD Lead -Based Paint Regulations, 24 CFR Part 35, implementing Title X of the
Housing and Community Development Act of 1992. These regulations revise the CDBG
lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all
CDBG-assisted housing and require that all owners, prospective owners, and tenants of
properties constructed prior to 1978 be properly notified that such properties may include
lead-based paint. Such notification shall point out the hazards of lead-based paint and
explain the symptoms, treatment and precautions that should be taken when dealing with
lead-based paint poisoning and the advisability and availability of blood level screening
for children under seven. The notice must also point out that if lead-based paint is found
on the property, abatement measures may be undertaken. The regulations further require
that, depending on the amount of Federal funds applied to a property, paint testing, risk
assessment, treatment and/or abatement may be conducted.
D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation
requirements set forth in the National Historic Preservation Act of 1966, as amended (16
U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on
Historic Preservation Procedures for Protection of Properties, insofar as they apply to the
performance of this Agreement. In general, this requires concurrence from the State
Historic Preservation Officer for all rehabilitation and demolition of historic properties
Py 15 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 12 OF 17
that are fifty years or older or that are included on a Federal, state or local historic
property list.
V. GENERAL CONDITIONS
A. Notices. All notices required to be given by either of the parties hereto shall be in writing
and be deemed communicated when personally served, or mailed in the United States
mail, addressed as follows:
City of Meridian West Ada School District
Attn: Sean Kelly Attn: Marcus Meyers
CDBG Program Administrator
33 E. Broadway Avenue
Meridian, Idaho 83642
Principal, Meridian Elementary
1303 E. Central Drive
Meridian, Idaho 83642
Either party may change its authorized representative and/or address for the purpose of
this paragraph by giving written notice of such change to the other party in the manner
herein provided.
B. Compliance with laws. Subrecipient agrees to comply with HUD regulations
concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of
such regulations. Subrecipient also agrees to comply with all other applicable Federal,
state and local laws, regulations, and policies governing the funds provided under this
Agreement, except that: (1) Subrecipient does not assume the recipient's environmental
responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the
recipient's responsibility for initiating the review process under the provisions of 24 CFR
Part 52.
C. Copyright. Contracts of agreements for the performance of experimental developmental
or research work shall provide for the rights of the Federal Government and the recipient
in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions
Made by Nonprofit Organizations and Small Business Firms Under Government Grants
Contracts and Cooperative Agreements."
D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall
be construed in any manner, as creating or establishing the relationship of
employer/employee between the parties. Subrecipient shall at all times remain an
independent Contractor with respect to the services to be performed under this
Agreement. City shall provide no benefits or insurance coverage whatsoever to
Subrecipient and/or to its agents.
E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors,
officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's
programming, shall hold harmless, defend and indemnify City from and for all such
losses, claims, actions, and/or judgments for damages or injury to persons or property
and/or losses and expenses caused or incurred by Subrecipient and/or its employees,
agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in
PY15 SUBRECIPIENT AGREEMENT -WEST ADA SCHOOL DISTRICT PAGE 13 OF 17
its programming, and other costs, including litigation costs and attorneys' fees, arising
out of, resulting from, or in connection with the performance of this Agreement by
Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors,
officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting
in and/or attributable to personal injury, death, and/or damage and/or destruction to
tangible or intangible property.
F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance
coverage for all employees involved in the performance of this Agreement.
G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to
protect Agreement assets from loss due to theft, fraud and/or undue physical damage.
Further, Subrecipient shall comply with the bonding and insurance requirements of 24
CFR §§ 84.31 and 84.48.
H. Grantor Recognition. Subrecipient shall publically recognize the role of City in
providing services under this Agreement. In addition, Subrecipient will include a
reference to the support provided herein in all publications made possible with funds
made available under this Agreement.
I. Amendments. The parties hereto may amend this Agreement at any time provided that
such amendments make specific reference to this Agreement, and are executed in writing,
signed by a duly authorized representative of each party, and approved by City's
governing body. Such amendments shall not invalidate this Agreement, nor relieve or
release either party from its obligations under this Agreement. City may, in its discretion,
amend this Agreement to conform with Federal, state or local governmental guidelines,
policies and available funding amounts, or for other reasons. If such amendments result
in a change in the funding, the scope of services, or schedule of the activities to be
undertaken as part of this Agreement, such modifications will be incorporated only by
written amendment signed by both parties.
J. Termination.
1. Notice of termination. Either party may terminate this Agreement by, at least 30
days before the effective date of such termination, giving written notice to the other
party of such termination and specifying the effective date thereof.
2. Partial termination. Partial terminations of the Scope of Service as set forth herein
may only be undertaken with the prior approval of City.
3. Work completed. In the event of any termination for convenience, all finished or
unfinished documents, data, studies, surveys, maps, models, photographs, reports of
other materials prepared by Subrecipient under this Agreement shall, at the option of
City, become the property of City, and Subrecipient shall be entitled to receive just
and equitable compensation for any satisfactory work completed on such documents
or materials prior to the termination.
Py 15 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 14 OF 17
4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or
termination of the Agreement, in whole or in part, may occur for convenience.
5. Termination for material noncompliance. In accordance with 24 CFR § 85.43,
suspension or termination of the Agreement, in whole or in part, may occur if
Subrecipient materially fails to comply with any term of this Agreement, which shall
include, but shall not be limited to, the following:
a. Failure to comply with any of the rules, regulations or provisions referred to
herein, or such statutes, regulations, executive orders, and HUD guidelines,
policies or directives as may become applicable at any time;
b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations
under this Agreement;
c. Ineffective or improper use of funds provided under this Agreement; or
d. Submission by the Subrecipient to City reports that are incorrect or incomplete in
any material respect.
6. Penalty for material noncompliance. In addition to suspension or termination of
this Agreement and/or any other remedies as provided by law, upon a finding of
material noncompliance, City may declare Subrecipient ineligible for any further
participation in City CDBG programming. In the event there is probable cause to
believe Subrecipient is in noncompliance with any applicable rules or regulations,
City may withhold up to fifteen (15) percent of said Agreement funds until such time
as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be
in compliance.
K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement
without prior written consent of City; provided, however, that claims for money due or to
become due to Subrecipient from City under this Agreement may be assigned to a bank,
trust company, or other financial institution without such approval. Notice of any
assignment or transfer shall be furnished promptly to City.
L. Subcontractors.
1. City must approve. Subrecipient shall not enter into any subcontracts with any
agency or individual in the performance of this Agreement without the prior written
consent of City. All subcontracts entered into in the performance of this Agreement
shall be awarded pursuant to any applicable provisions of the City Purchasing Policy
and/or local, state, or federal laws.
2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis
to assure contract compliance. Results of monitoring efforts shall be summarized in
written reports and supported with documented evidence of follow-up actions taken
to correct areas of noncompliance. Subrecipient shall furnish and cause each of its
own subrecipients or subcontractors to furnish all information and reports required
hereunder and will permit access to its books, records and accounts by City, HUD or
PY15 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 15 OF 17
its agent, or other authorized Federal officials for purposes of investigation to
ascertain compliance with the rules, regulations and provisions stated herein.
3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in
their entirety to be included in and made a part of any subcontract executed in the
performance of this Agreement. Specifically, without limitation, Subrecipient shall
include the provisions of this Agreement regarding Civil Rights and Affirmative
Action in every subcontract or purchase order, specifically or by reference, to ensure
that such provisions will be binding upon all subcontractors.
4. Documentation. Executed copies of all subcontracts shall be forwarded to City
along with documentation concerning the selection process.
M. Relocation, real property acquisition, and one-for-one housing replacement.
Subrecipient agrees specifically, without limitation, to comply with:
1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of
1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24
CFR 570.606(b);
2. The requirements of 24 CFR 570.606(c) governing the Residential Anti -displacement
and Relocation Assistance Plan under section 104(d) of the HCD Act; and
3. The requirements in 24 CFR 570.606(d) governing optional relocation policies.
Subrecipient shall provide relocation assistance to displaced persons as defined by 24
CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation,
demolition or conversion for a CDBG-assisted project.
N. No contractual impediments. Subrecipient certifies and agrees that no contractual or
other disability exists which would prevent compliance with these requirements.
O. Severability. If any provision of this Agreement is held invalid, the reminder of the
Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
P. Entire Agreement. This Agreement contains the entire agreement of the parties and
supersedes any and all other agreements or understandings, oral or written, whether
previous to the execution hereof or contemporaneous herewith.
Q. Non -waiver. Failure of either party to promptly enforce the strict performance of any
term of this Agreement shall not constitute a waiver or relinquishment of any party's
right to thereafter enforce such term, and any right or remedy hereunder may be asserted
at any time after the governing body of either party becomes entitled to the benefit
thereof, notwithstanding delay in enforcement.
R. Approval required. This Agreement shall not become effective or binding until
approved by the respective governing bodies of both City and Subrecipient.
PY15 SUBRECIPIENT AGREEMENT - WEST ADA SCHOOL DISTRICT PAGE 16 OF 17
IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by
their duly authorized officers to be effective as of the day and year first above written.
SUBRECIPIENT:
West Ada School District
hm L"
By: DroMary Ann Ranells
District Superintendent
X00'
0TA k
gi
CITY:
City of M,er i
By: Ta y e Weerd, May
STATE OF IDAHO )
) ss:
County of Od )
I HEREBY CERTIFY that on this J ) day of
before the undersigned, a Notary Public in the State of Idaho,
personally appeared Mary Ann Ranells, proven to me to be the
person who executed the said instrument, and acknowledged
to me that such person executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, the day and year in this certificate
first above written.
Notary Public for Idaho
Residing at /� ,3j?c, %t-ee 0y, Me1„I.fIdaho
My Commission Expires: 0
Attest:
I
C.Yay Co� j, `City Clerk
CO
Py 15 SUBRECIPIENT AGREEMENT— WEST ADA SCHOOL DISTRICT PAGE 17 OF 17
Meridian City Council Meeting
DATE: January 24, 2017 ITEM NUMBER: 7A
PROJECT NUMBER: H-2016-0135
ITEM TITLE: Borough Subdivision
Public Hearing for Borough Subdivision (H-2016-0135) by Scott Noriyuki, Northside
Management Located 1288 E. Everest Street
1. Request: Short Plat Approval Consisting of Two (2) Building Lots on 5.57 Acres of Land
in the R-15 and L -O Zoning District
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
Changes to Agenda:
Item #5F: Final Plat for Laurels Townhomes (H-2016-0136) – Remove from agenda & place on Feb. 7th agenda
Item #7A: Borough Subdivision (H-2016-0135)
Application(s):
Short Plat
Size of property, existing zoning, and location: This site consists of 5.57 acres of land, zoned R-15 & L-O, located at 1288 E.
Everest St. on the south side of E. Chinden Blvd, approximately ¼ mile west of N. Locust Grove Road.
History: This property was annexed and zoned and included in the planned development and plat for Westborough Square
Subdivision in 2005.
Summary of Request: The applicant proposes a short plat consisting of 2 building lots on 5.57 acres of land in the R-15 & L-O zoning
districts. The proposed plat is a re-subdivision of Lot 6, Block 1 of Westborough Subdivision and a portion of the vacated N. Jericho
Road at the west boundary.
The property is currently split-zoned. The configuration of the proposed lots will coincide with the zoning boundaries.
The street buffer landscaping and pathway along Chinden Blvd. was previously constructed on this site.
Written Testimony: Scott Noriyuki, Applicant (in agreement w/staff report)
Staff Recommendation: Approval w/conditions in the staff report
Notes:
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2016-0136, as presented in the staff
report for the hearing date of January 24, 2017: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2016-0136, as presented during the
hearing on January 24, 2017, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2016-0136 to the hearing date of January 24, 2017 for the following reason(s): (You should
state specific reason(s) for continuance.)
City Council Meeting
January 24, 2017
Item #7A: Borough Subdivision
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Bull Ranch
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Proposed Plat
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Date: January 24, 2017 Item # 7A
Project Number: H-2016-0135
Project Name: Borough Subdivision
Please print your name
For
Against
Neutral
Do you wish
to testify (Y/N)
zz
t V
C I TY C'L E R
Meridian City Council Meeting
DATE: January 24, 2017
ITEM TITLE:
Public Hearing Parks Shelter Fees Update
mr APPROIED
ITEM NUMBER:
PROJECT NUMBER:
MEETING NOTES
V7:
Gcv&Or- pro
V6 (I r? ejk' I\J 0
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 -IN SHEET
Date: January 24, 2017 Item # 713
Project Number:
Project Name: Parks Shelter Fees Update
Please print your name
For
Against
Neutral
Do you wish
to testify (YIN)
C
CIT"Y 'CLCIR",KS OF'O'CE
Meridian City Council Meeting
DATE: January 24, 2017 ITEM NUMBER: 7C
PROJECT NUMBER:
ITEM TITLE:
/7- 11gy
Resolution No.: Updates to Fee Schedule of the Meridian Parks and Recreation
Department - Picnic Shelter Reservation Fees.
MEETING NOTES
mt 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
CITY OF MERIDIAN RESOLUTION NO. )7— 8 I L
BY THE CITY COUNCIL: BIRD, BORTON, CAVENER,
MILAM, PALMER, LITTLE ROBERTS
A RESOLUTION ADOPTING UPDATES TO FEE SCHEDULE OF THE MERIDIAN
PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS
AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, pursuant to Idaho Code section 63-1311 A, following publication of notice on
January 13, 2017 and January 20, 2017, and public hearing on January 24, 2017, the City Council of
Meridian did, by formal motion, approve the updates to the picnic shelter fees enumerated in the
Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto;
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN CITY, IDAHO:
Section 1. That the updated picnic shelter reservation fees enumerated in the Meridian
Parks and Recreation Department Fee Schedule, as set forth in Exhibit,4 hereto, are 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 inunediately upon its
adoption and approval.
2017.
M
ADOPTED by the City Council of the City of Meridian, Idaho, this 24th day of January
APPROVED by the Mayor of the City of Meridian, Idaho, this 24th day of January 2017.
ay Cues, City Cleric
APPR
Taml e eerd, Mayor
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ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE I OF I
EXHIBIT A
Picnic Shelter Reservation Fees
Meridian Parks & Recreation Department
Picnic Shelter Reservation Fee
Kleiner Park Shelter A1 $150
Kleiner Park Shelter A2 $75
Kleiner Park Shelter A3 $50
Kleiner Park Shelter A4 $50
Kleiner Park Shelter B1 $125
Settlers Park Shelter #1 $75
Settlers Park Shelter #2 $60
Settlers Park Shelter #3 $50
Bear Creek Park Shelter $50
Heroes Park Shelter $50
Storey Park Blue Shelter $50
Storey Park Green Shelter $40
Tully Park Large Shelter $75
Tully Park Small Shelter $40
Hillsdale Park Shelter #1 $50
Hillsdale Park Shelter #2 $40
8th Street Park Shelter $40
Centennial Park Shelter $40
Champion Park Shelter $40
Chateau Park Shelter $40
Gordon Harris Park Shelter $40
Renaissance Park Shelter $40
Seasons Park Shelter $40
Reta Huskey Park Shelter $40
Bainbridge (Park Name TBA) Shelter $40
Meridian City Council Meeting
DATE: January 24, 2017
ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE: Future Meeting Topics
f
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Meridian City Council Meeting
DATE: January 24, 2017 ITEM NUMBER: 9
PROJECT NUMBER:
ITEM TITLE: Executive Session per Idaho State Code 74-206
Executive Session per Idaho State Code 74-206(1) (d) and 74-206(1) (f) - (d): To consider
records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code;
(f): To communicate with legal counsel for the public agencyto discuss the legal
ramifications of and legal options for pending litigation, or controversies not yet being
litigated but imminently likely to be litigated.
MEETING NOTES
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E-MAILED TO
STAFF
SENT TO
AGENCY
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Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS