2017-05-16Meridian City Council Meeting Agenda Tuesday, May 16, 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, May 16, 2017 at 6:00 PM
1. Roll-Call Attendance
O 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 Gib Floyd with Ten Mile Christian Church
4. Adoption of the Agenda Adopted as amended
5. Future Meeting Topics - Public Forum (Up to 30 Minutes Maximum)
This time is reserved for the public to address their elected officials regarding matters of general
interest or concern of public matters and is not specific to an active land use/development
application. By law, no decisions can be made on topics presented under this public comment
section, other than the City Council may request that the topic be added to a future meeting
agenda for a more detailed discussion or action. The Mayor may also direct staff to further
assist you in resolving the matter following the meeting.
6. Consent Agenda Approved
A. Approve Minutes of May 2, 2017 City Council Regular Meeting
B. Findings of Fact, Conclusions of Law, Decision and Order for Maverik (H-
2017-0042) by Maverik, Inc. Located 1515 E. Fairview Avenue
C. Findings of Fact, Conclusions of Law, Decision and Order for Holy
Apostles Catholic Church (H-2017-0019) by Roman Catholic Diocese of
Boise Located Southeast Corner of E. Chinden Boulevard and N. Meridian
Road
D. Findings of Fact, Conclusions of Law, Decision and Order for Oaks South
(H-2017-0010) by Thomas Coleman Located South of W. McMillan Road and
East of N. McDermott Road
CITY COUNCIL REGULAR
AMENDED MEETING AGENDA
Meridian City Council Meeting Agenda Tuesday, May 16, 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.
E. Final Order for Tree Farm Subdivision No. 1 (H-2017-0036) by M3
Companies, LLC Located North of Chinden Boulevard, South of the Phyllis
Canal and Approximately a 1/2 Mile East of N. Black Cat Road
F. Final Plat for Paisley Meadows No. 2 (H-2017-0056) by Hayden Homes
Idaho, LLC Located 2180 E. Amity Road
G. Final Plat for Hill's Century Farm Commercial No. 1 (H-2017-0051) by
Century Farm Development, LLC Located 1/2 Mile East of S. Eagle Road on
South of E. Amity Road
H. Southern Highlands No. 3 Water and Sewer Easement
I. Linder 4 Plex Sewer and Water Main Easement
J. Gemstone Building Water Main Easement
K. Maverik Sanitary Sewer Easement No. 1
L. Maverik Sanitary Sewer Easement No. 2
M. Jewel Subdivision Pedestrian Pathway Easement
N. Treasure Valley YMCA Sewer and Water Main Easement
O. Fee Waiver Agreement for ICOM Community Match
P. Approval of Award of Bid and Agreement to L2 Excavation for the
Collections Equipment Facility project for a Not-To-Exceed amount of
$272,227.85
Q. Approval for Finance to Pay Vendor Payments of $1,602,154.71
7. Items Moved From the Consent Agenda None
8. 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
Meridian City Council Meeting Agenda Tuesday, May 16, 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.
Council and pursuant to Idaho Code does not vote on public hearing items, unless to break a tie
vote.
A. Amended onto agenda: Final Plat for Bainbridge Subdivision No. 5 (H-2017-
0043) by Brighton Investments, LLC Located Approximately 1/2 Mile South
of W. Chinden Boulevard and 1/4 Mile West of N. Ten Mile Road
Continued to May 23, 2017
1. Request: Final Plat Approval Consisting of Twenty-Six (26) Building Lots
and Four (4) Common Lots on 7.56 Acres of Land in an R-8 Zoning
District
B. Public Hearing for Belltower Park (H-2017-0053) by Bridgetower Crossing,
LLC & T3 Holdings, LLC Located 3140 & 3150 W. Belltower Drive
Approved
1. Request: Short Plat Approval Consisting of Four (4) Building Lots on 1.64
Acres of Land in the L-O Zoning District
C. Public Hearing for Troutner Park Subdivision No. 2 (aka Rainier Villas) (H-
2017-0045) by Kent Brown Located West of N. Meridian Road Between W.
Corporate Drive and W. Penwood Street
Approved
1. Request: Vacate a Portion of the 10-Foot Wide Public Utility, Drainage
and Irrigation (PUDI) Easement Located Between Lots 4 and 5 of Block 4
AND Lots 4 and 5 of Block 5 Platted with Troutner Park Subdivision No. 2
9. Department Reports
A. Police: Crime Prevention Spring Safety Flings Budget Amendment Not-to-
Exceed $2,500
Approved
B. Fire: Joint Powers Agreement Update
C. Fire: Interra Fire Department Data Management Tool
10. Future Meeting Topics
Adjourned at 6:45pm
Meridian City Council May 16, 2017
A meeting of the Meridian City Council was called to order at 6:02 p.m., Tuesday,
May 16, 2017, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Keith Bird, Joe Borton, Genesis
Milam, Luke Cavener and Ty Palmer.
Members Absent: Anne Little Roberts.
Others Present: Bill Nary, C.Jay Coles, Jaycee Holman, Bruce Chatterton, Josh
Beach, Kyle Radek, Jeff Brown, Mark Niemeyer, and Dean Willis.
Item 1: Roll-call Attendance:
Roll call.
__ 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: Okay. I will go ahead and start tonight's meeting. For the record it is
Tuesday, May 16th. It's two minutes after 6:00. We will start with roll call
attendance, Mr. Clerk.
Item 2: Pledge of Allegiance
De Weerd: Thank you. Item No. 2 the Pledge of Allegiance. If you will rise and
join us in the pledge to our flag.
(Pledge of Allegiance recited.)
Item 3: Community Invocation by Gib Floyd with Ten Mile Christian
Church
De Weerd: Is Gib Floyd here? Okay. Item No. 3 is our community invocation. I
invite you all to join us in this item or take this as a moment of reflection . Tonight
we have Gib Floyd with us from Ten Mile Christian Church. Thank you for joining
us. If you will come up to the podium right here.
Floyd: Let's pray. Gracious Father in Heaven, we welcome your presence in
tonight's city proceedings and thank you for the blessings you provide to citizens
of this great city and the surrounding community. Grant us a measure of your
spirit as the agenda items are presented and discussed by Mayor de Weerd and
others involved. May the decisions of this evening be both pleasant and
productive and we humbly ask this in the name of Jesus, our Savior, amen.
Meridian City Council
May 16, 2017
Page 2 of 23
De Weerd: Thank you so much for leading us. I'd like to offer you a City of
Meridian pin.
Item 4: Adoption of the Agenda
De Weerd: Item No. 4 is adoption of the agenda.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Added to the agenda is Item 8-A, which is a final plat for Bainbridge
Subdivision. That's H-2017-0043. It's added to the agenda today. It was a
continuation from a previous meeting, which needs to be added today. It will,
then, be continued, again, to May 23rd. But it needs to be amended onto our
agenda. With that added Item 8-A, I would move that we adopt the amended
agenda.
Bird: Second.
De Weerd: I have a motion and a second to adopt the agenda as amended. All
those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 5: Future Meeting Topics - Public Forum (Up to 30 Minutes
Maximum)
De Weerd: Mr. Clerk, item No. 5, do you have someone that has signed up?
Coles: Yeah. Thank you, Madam Mayor. We did have one individual sign up.
Victor Danilovitch representing that Danik Gymnastics. His description this
evening is to discuss a parking -- parking issue. So, Victor is here to discuss
that.
De Weerd: Okay. Victor, if you would like to come and join us in the front.
Thank you for joining us. If you will, please, state your name and address for the
record.
Danilovitch: Okay. I am Victor Danilovitch from the Danik Gymnastic owner and
address is 574 South Locust Grove Road.
De Weerd: Thank you.
Meridian City Council
May 16, 2017
Page 3 of 23
Danilovitch: In Meridian. We have -- I hope you remember me, because I did
the building five years ago and we meet several times with the people here . We
have good, good problem parking. So, I have proposition to build park in behind
my building, because even right now I was driving on Water Tower Street and
probably seven, ten cars was parking right on the street, just my customers. So,
I took this to Highway. They didn't let me build entrance from Water Tower Road.
So, I would like to talk with police chief department. I talk with his partners or his
officers Stacy -- Stacy --
De Weerd: Arnold.
Danilovitch: -- and Tom Baker and they come in and talk with police chief if we
can figure out this case. If -- if they will let me in from them -- how to say -- road.
Entrance. To build small -- small road to my lot will be no problem, then, I can
put probably my employees behind my building on parking and wi ll be another
about 15 parking free for customers who park on street and reason is because
they always with kids and I don't like when kids going on the road, because road
is busy at 4:00, 5:00 o'clock. I mean Water Tower Road. So, I don't know if -- if
we can figure out how to do it. I don't know. Maybe I have to talk with you later
or with somebody else. That's kind of my problem. You understand my
problem?
De Weerd: Yes. Have you gone in and talked to our Community Development
Department?
Danilovitch: Yes. I was -- yeah. I was talking with Bill -- what's his name?
Yeah. Bill Parsons. And that's what he recommend me to go to this meeting to
present all this, because they don't have problem with this . Only problem if
police department will let us do it, we good, so --
De Weerd: Okay. Well, this is -- this is intended to bring your concern to Council
and we can't make any decisions, because it was not posted as an agenda item,
but let us look further into it and if there is not too much -- we don't have any
background to even talk about it, but --
Milam: Madam Mayor?
Danilovitch: I have to start with something.
Milam: I can --
De Weerd: Hold on, Victor.
Milam: I can attest to the problem, because my son attends there and my
husband leaves the house 45 minutes early, so that he can get a parking spot
and generally, then, the overflow is all parked on the street and into the police
Meridian City Council
May 16, 2017
Page 4 of 23
department parking lot on a daily basis. So, it's definitely a problem and there
are kids crossing --
Danilovitch: Yeah.
Milam: -- and it's just kind of crazy in that area, so I hope you can work
something out.
Danilovitch: That's what I'm trying to do. I'm trying to figure out how we can
start. Who can help me. So --
De Weerd: Well, we will follow up with you. I will get a little bit more information
and I will let you know maybe what the next steps are .
Danilovitch: That will be great.
De Weerd: Okay.
Danilovitch: Thank you very much, everybody.
De Weerd: Thank you. Okay. Anyone else, Mr. Clerk?
Coles: There was only that one.
Item 6: Consent Agenda
A. Approve Minutes of May 2, 2017 City Council Regular
Meeting
B. Findings of Fact, Conclusions of Law, Decision and
Order for Maverik (H-2017-0042) by Maverik, Inc. Located
1515 E. Fairview Avenue
C. Findings of Fact, Conclusions of Law, Decision and
Order for Holy Apostles Catholic Church (H-2017-0019)
by Roman Catholic Diocese of Boise Located
Southeast Corner of E. Chinden Boulevard and N.
Meridian Road
D. Findings of Fact, Conclusions of Law, Decision and
Order for Oaks South (H-2017-0010) by Thomas
Coleman Located South of W. McMillan Road and
East of N. McDermott Road
E. Final Order for Tree Farm Subdivision No. 1 (H-2017-
0036) by M3 Companies, LLC Located North of Chinden
Meridian City Council
May 16, 2017
Page 5 of 23
Boulevard, South of the Phyllis Canal and
Approximately a 1/2 Mile East of N. Black Cat Road
F. Final Plat for Paisley Meadows No. 2 (H-2017-0056) by
Hayden Homes Idaho, LLC Located 2180 E. Amity Road
G. Final Plat for Hill's Century Farm Commercial No. 1 (H-
2017-0051) by Century Farm Development, LLC Located
1/2 Mile East of S. Eagle Road on South of E. Amity
Road
H. Southern Highlands No. 3 Water and Sewer Easement
I. Linder 4 Plex Sewer and Water Main Easement
J. Gemstone Building Water Main Easement
K. Maverik Sanitary Sewer Easement No. 1
L. Maverik Sanitary Sewer Easement No. 2
M. Jewel Subdivision Pedestrian Pathway Easement
N. Treasure Valley YMCA Sewer and Water Main Easement
O. Fee Waiver Agreement for ICOM Community Match
P. Approval of Award of Bid and Agreement to L2
Excavation for the Collections Equipment Facility
project for a Not-To-Exceed amount of $272,227.85
Q. Approval for Finance to Pay Vendor Payments of
$1,602,154.71
De Weerd: Okay. Thank you. Item 6 is our Consent Agenda.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move that we approve the Consent Agenda as published and for the
Mayor to sign and the Clerk to attest.
Borton: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda . Mr.
Clerk, will you, please, call roll.
Meridian City Council
May 16, 2017
Page 6 of 23
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 7: Items Moved From the Consent Agenda
De Weerd: There were no items moved from the Consent Agenda.
Item 8: Action Items
A. Amended onto agenda: Final Plat for Bainbridge
Subdivision No. 5 (H-2017-0043) by Brighton
Investments, LLC Located Approximately 1/2 Mile South
of W. Chinden Boulevard and 1/4 Mile West of N. Ten
Mile Road
1. Request: Final Plat Approval Consisting of Twenty-Six
(26) Building Lots and Four (4) Common Lots on 7.56
Acres of Land in an R-8 Zoning District
De Weerd: So, will move to Item 8-A, which was amended onto the agenda fo r
the final plat for Bainbridge Subdivision No. 5, H-2017-0043. This applicant has
requested this -- this item be continued to May 23rd. Council, I will need a
motion.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I move that we continue Item 8-A, H-2017-0043, to May 23rd, 2017.
Bird: Second.
De Weerd: I have a motion and a second to continue Item 8 -A to May 23rd. All
those in favor say aye. Did I hear all ayes? Okay. All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
B. Public Hearing for Belltower Park (H-2017-0053) by
Bridgetower Crossing, LLC & T3 Holdings, LLC Located
3140 & 3150 W. Belltower Drive
Meridian City Council
May 16, 2017
Page 7 of 23
1. Request: Short Plat Approval Consisting of Four (4)
Building Lots on 1.64 Acres of Land in the L-O Zoning
District
De Weerd: Item 8-B is a public hearing for Belltower Park, H-2071-0053. I will
open this item with staff comments.
Beach: Thank you, Madam Mayor, Members of the Council. As you said, this is
an application for a short plat. The site here on your screen consists of
approximately 1.64 acres of land, which is currently zoned L-O, located at 3140
and 3150 West Belltower Drive. The property was annexed in 2001 and platted
as part of the Bridgetower Crossing Subdivision. It was later resubdivided in
2004 as the Gallery Sub or the Bridgetower Gallery Sub. The applicant requests
approval of a short plat, which would consist of four commercial building lots on,
as I said, approximately 1.64 acres of land in the L-O zoning district. The
proposed plat is a resubdivision of Lots 2 and 3 of Block 1 of the Gallery
Subdivision. The street buffer along the west boundary of the site adjacent to
Ten Mile Road was installed with the construction of the subdivision and must be
protected during construction. Cross-access is provided between the lots for
access to adjacent public streets via an existing -- excuse me -- an existing
easement. I did not receive any written testimony on this and staff is
recommending approval. Stand for any questions you have.
De Weerd: Thank you, Josh. Council, any questions?
Bird: I have none.
De Weerd: Is the applicant here? Good evening. If you will, please, state your
name and address for the record.
Felter: Thomas Felter. 219 South Ruby Street in Boise.
De Weerd: Thank you.
Felter: And we have read the conditions and we agree to them.
De Weerd: Okay. Council, any questions for the applicant?
Bird: I have none.
De Weerd: Thank you for being with us. This is a public hearing. Is there
anyone who wishes to provide testimony one on this item? Okay.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Meridian City Council
May 16, 2017
Page 8 of 23
Bird: I move we close the public hearing on Belltower Park, H-2017-0053.
Borton: Second.
De Weerd: I have a motion and a second to close the public hearing. All those
in favor say aye. Ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I move we approve H-2017-0053 and include staff and applicant
comments.
Borton: Second.
De Weerd: I have a motion and a second to approve item 8-B. If there is no
discussion, Mr. Clerk, will you, please, call roll.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
C. Public Hearing for Troutner Park Subdivision No. 2 (aka
Rainier Villas) (H-2017-0045) by Kent Brown Located
West of N. Meridian Road Between W. Corporate Drive
and W. Penwood Street
1. Request: Vacate a Portion of the 10-Foot Wide Public
Utility, Drainage and Irrigation (PUDI) Easement
Located Between Lots 4 and 5 of Block 4 AND Lots 4
and 5 of Block 5 Platted with Troutner Park
Subdivision No. 2
De Weerd: Item 8-C is a public hearing for Troutner Park Subdivision No. 2,
H-2017-0045. I will open this public hearing with staff comments.
Beach: This is an application for two vacations. The property location is 375,
321, 279 and 177 West Penwood Street. This vacation has to do most recently
with the recently approved Rainer Park -- excuse me -- Reiner Villas apartment
Meridian City Council
May 16, 2017
Page 9 of 23
project that was recently approved. The applicant is requesting approval to
vacate a portion of the ten foot wide public utility drainage and irrigation
easement, located between Lots 4 and 5 of Block 4 and Lots 4 and 5 of Block 5
that was platted with the Troutner Park Subdivision No. 2, as well as a section of
the right of way of South -- Southwest 3rd Avenue, which would be south of
West Penwood Street. Public utility and drainage easements in this case run
north and south along the lot lines of Lots 4 and 5 of Block 4 and 4 and 5 of Block
5. The right of way for Southwest 3rd Avenue currently is approximately 120 feet
south of West Inlet Street and is approximately 54 feet wide. As I just mentioned,
in 2016 a conditional use permit was approved for a multi-family development
consisting of 180 multi-family units on approximately 7.52 acres in this C-G
zoning district on this lot. Once this vacation process is complete, the applicant
proposes to construct multi-family structures across these property lines, as well
as to incorporate this right-of-way vacation as part of their project. The applicant
has received approval from the public utilities, which will be Idaho Power,
CenturyLink Cable One, Intermountain Gas and the Nampa-Meridian Irrigation
District to vacate the public utilities easements and they are working through the
process with the highway district to receive their approval. With that staff did not
receive any written testimony on this application and we are recommending
approval.
De Weerd: Thank you, Josh. Council, any questions at this time?
Bird: I have none at this time.
De Weerd: Okay. Would the applicant like to provide comment?
Brown: For the record Ken Brown. 3161 East Springwood. I think it's kind of cut
and dried in the fact of we have been working with the utility companies and have
gotten the relinquishments of their rights to those easements already. We are
doing a property line adjustment to adjust those lot lines, property lines around,
and -- and need these easements to be vacated. We are working with the
highway district -- because it's a public right of way and it has to be purchased,
we had looked at doing an exchange with them and now they said that the
exchange won't work, so we have to do an appraisal. So, we are getting an
appraisal, then, that should move along quickly for the vacation of the Southwest
3rd Street, so -- stand for any questions.
De Weerd: Council, any questions? Okay. Thank you.
Brown: Thank you.
De Weerd: This is a public hearing. Is there anyone here who wishes to provide
testimony? Okay. Council, any questions for staff or the applicant?
Bird: Madam Mayor?
Meridian City Council
May 16, 2017
Page 10 of 23
De Weerd: Mr. Bird.
Bird: I move we close the public hearing on H-2017-0045.
Borton: Second.
De Weerd: I have a motion and a second to close the public hearing on Item 8-
C. All those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
De Weerd: Council, any discussion? Okay. Do I have a motion?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: I would move that we approve Item 8-C. Excuse me.
De Weerd: Yes.
Borton: 8-C. Sorry. H-2017-0045.
Bird: Second.
De Weerd: I have a motion and a second to approve Item 8-C. Is there any
discussion? Mr. Clerk, will you call roll.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Item 9: Department Reports
A. Police: Crime Prevention Spring Safety Flings Budget
Amendment Not-to-Exceed $2,500
De Weerd: Item 9-A is under -- for Department Reports is under our Police
Department and I am assuming that Lieutenant Brown has got this.
Brown: Thank you, Madam Mayor and Members of the Council. The Police
Department is requesting spending authority for the Crime Prevention Spring
Meridian City Council
May 16, 2017
Page 11 of 23
Safety Fling. We have received a check for 2,500 dollars from the Idaho
Department of Transportation. We are asking to spend this money to purchase
T-shirts for the kids involved in this event. Any questions?
De Weerd: What schools are you doing this -- this at?
Brown: I -- Madam Mayor, I do not know the schools that we are doing this at at
this time.
De Weerd: Okay. Council, any questions?
Bird: I have none.
Milam: Those are at middle schools.
De Weerd: The spring flings, yeah, they are usually at the middle schools and I
just saw this, but I can't remember what school it is.
Milam: Meridian Middle School I think.
De Weerd: Meridian Middle. But they are kicking off the most dangerous days of
summer, the most dangerous one hundred days of summer, and so if you have
an opportunity we can get some information out to you if y ou want to go and
check it out I would invite you. There is a lot of energy at those events and it's a
positive way to kick off summer. So, Council, if there is no questions, I would
entertain a motion.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: I move that we approve the spending authority -- funding amendment for
the not to exceed amount of 2,500 dollars.
Cavener: Second.
De Weerd: I have a motion and a second to approve Item 9-A. If there is no
discussion, Mr. Clerk, we will you call roll.
Roll Call: Bird, yea; Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little
Roberts, absent.
De Weerd: All ayes. Thank you.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
Meridian City Council
May 16, 2017
Page 12 of 23
B. Fire: Joint Powers Agreement Update
De Weerd: Item 9-B is under our Fire Department and I will turn this over to
Chief Niemeyer.
Niemeyer: Madam Mayor, Members of the Council, good evening. I will try and
keep this brief. I have two updates to provide, so you can still set a record
according to the time clock, but we have some high school students and I 'd hate
them not to get the full experience of a long drawn-out council meeting, so --
De Weerd: So, you have an hour presentation.
Niemeyer: -- I will slow down. Yeah. I hope you guys are good with that.
Bird: But we can make it three.
Niemeyer: I can't even talk that long, Mr. Bird. The first update tonight is
regarding the joint powers agreement, the fire cooperative joint powers
agreement. As you all know, we signed that. We have kept moving and, then,
Nampa had a slow down and a pause. I have been in constant communication
with their fire chief, as well as the other chiefs that we signed on in this
cooperative with. We have decided to come back to you with an MOU instead of
a joint powers agreement. That was somewhat at Nampa's issue with some of
the authoritative language, some of the other -- voting, discussions within that
joint powers agreement, again, for me as a chief or your chief, this was for me
about outcomes and providing you with the best service we can in ways that we
can cooperate with other agencies in those areas. That's what's most important
to me. I am perfectly happy with the MOU, a memorandum of understanding.
We have Emily Kane working on that right now. We anticipate it will take about
two weeks. As far as process goes, we are going to bring that to you last after
some of the agencies have signed on . When I bring that to you what I will be
asking for is that we rescind the joint powers agreement and, then, sign the
memorandum of understanding. Still cooperating in the areas that we identified
previously, but in a way that is much less threatening and a lot less authoritative
language in it. It allows us still to do what we need to do and desire to do. The
good news is -- I will update you on this. The Kuna Fire Department, obviously,
has a new fire chief . You all know him as Perry Palmer. He used to be our
deputy chief. And, then, the Eagle Fire Department has a new chief that came
from Anaheim Fire in California. Both of those chiefs have been attending our
meetings and both are wanting to sign onto this MOU in the areas of cooperation.
So, Kuna and Eagle are now on board. They weren't before when I presented
the joint powers agreement to you. Nampa -- the fire chief there has talked to his
city council, talked to his mayor, they are very supportive of an MOU, because it
has that less authoritative language and allows us to just to cooperate and work
together. So, with that I will stand for any questions now. I just wanted to
Meridian City Council
May 16, 2017
Page 13 of 23
provide you an update of where we are at and you will probably see me again.
Hopefully in two weeks when we have that MOU drafted up.
De Weerd: Thank you, chief. Council, any questions?
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: A couple questions. Can you list the -- with the MOU who will all be
signatories on it?
Niemeyer: That will be Nampa, Caldwell, us, Star, Kuna, Eagle and Middleton.
So, seven departments.
Borton: Okay. And is the -- the document that we have got in our packet, the
draft of the MOU --
Niemeyer: That was the start of modifying and tweaking some of that -- that
language. That is what Emily is working on. So, to give you an idea of some of -
- what we are deleting, but she is working on the draft and I will ship that to you
prior to my presentation when I come back.
Borton: Madam Mayor? Is that -- that's not the extent of all the changes, though,
I take it?
Niemeyer: No.
Borton: Okay.
Niemeyer: No. That was my start to incorporate some of those changes.
Borton: The final question is from the JPA that was adopted to the MOU, what
are the -- the core differences in control and authority that existed in the JPA that
maybe made Nampa nervous --
Niemeyer: Good question.
Borton: -- that won't exist in the MOU.
Niemeyer: So, within the JPA we still had language that said if we , together
collectively as chiefs, come up with a program or a piece of equipment that we
are going to share in, it had language in there that said the chiefs will approve the
budget. That became very confusing. Even though there is a section right below
that that said that budget still needs to be presented to each individual board for
consideration and approval. That caused some confusion. Just having that --
Meridian City Council
May 16, 2017
Page 14 of 23
that type of language in there. The other thing, quite honestly, that Nampa was
concerned about is the words authority and executive. It also established its own
board, which I certainly don't need to sit on another board and so getting rid of all
of that specific language and getting to the root of what are we trying to
accomplish, what's our outcome, I think will make everybody a lot more
comfortable, Nampa included.
Borton: Madam Mayor. So, the draft that's in our packet still has that
administrative board structure to it?
Niemeyer: That's going away.
Borton: That's going to go. All right. So, there is lots of changes. More to come.
Niemeyer: Lots of changes. Yeah.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: So, did we not have an MOU with any of these cities already?
Niemeyer: We had an -- interesting question. Way back in the day -- I think it
was 1999 is what I found. We actually had an MOU with the Nampa Fire District
and the City of Meridian and it was to do a lot of the same stuff we are talking
about today. Training together. Worked on our structure together as far as
responses. So, a lot of it -- it's like bell bottoms, they come back; right? It was a
lot of the same stuff back then that over time for some reason went away . We
now have a core group of chiefs that kind of believe in that concept again and in
working together and so we have had some of those MOUs in the past, certainly.
We have an MOU at the district right now between the city and the district . So,
we have some of those things in place.
Milam: Sounds good. Thank you.
De Weerd: Thank you, chief. Any other questions? Okay. Well, we look
forward to you coming back and bringing an update.
Niemeyer: Absolutely.
De Weerd: And the MOU.
C. Fire: Interra Fire Department Data Management Tool
Niemeyer: And I will come back right now, because --
Meridian City Council
May 16, 2017
Page 15 of 23
Milam: And he's back.
Niemeyer: I'm back. That was quick, wasn't it.
De Weerd: Okay.
Niemeyer: The second item --
De Weerd: Item 9-C.
Niemeyer: Sorry, Madam Mayor. That's your job.
De Weerd: It's like a bad dream.
Niemeyer: -- is a clarification item. On the Consent Agenda about a month ago
-- a little over a month ago you had an item for the Fire Department to purchase
software that we had budgeted for. Unfortunately, after you got done approving
that we realized that all the routing process that occurs in the city with the
computer program that we put into getting your agenda , did not get to all the
appropriate people and so David Tiede in IT had some questions, as well as
Finance. That contract that was approved under the Consent Agenda was never
signed. The Mayor did not sign that. We did not move forward until Dave Tiede
and Todd and Keith Watts in purchasing got all their answer -- questions
answered. That has since happened, so we are bringing back again, essentially,
for approval this software program . This is GIS centric performance based
software, so that we can plot all of our calls. This is very important to the fire
department to be able to tell our story on our responses and our performance.
As you all remember you adopted travel time standards , response time
standards. This program allows us to collect that data, put it in one place and ,
then, GEO location it to be able to display it and tell that story a little bit better.
Again, it was budgeted before. You approved it in this current year's budget.
This contract will go 12 months, so it will go through May of next year. At that
time we are working -- this is one of the areas that we are working with the other
departments on and sharing this product to make it more of a regional approach
that Meridian still gets its needs met at a slightly decreased cost. We have other
agencies that have committed funding in next year's budget to do that when we
come back for contract a year from now. So, that is an area that we are looking
forward to. And with that I will stand for any questions.
De Weerd: Council, any questions?
Bird: I have none.
Cavener: Madam Mayor?
De Weerd: Mr. Cavener.
Meridian City Council
May 16, 2017
Page 16 of 23
Cavener: More of a procedural question. I'm not sure who to address it to, so I
will just ask the question and the appropriate party can respond. I'm looking to
take anyone to task or whatnot, but can someone explain how a software item
got added to our agenda for us to approve on Consent that hadn't been fully
vetted? Just curious how that occurs?
Niemeyer: Yeah. I can answer that one, Councilman Cavener. The software
had been vetted. It was the contract that when it got put into this system that we
have in the City of Meridian that allows everybody to have input before it gets to
you, evidently there was an update to that and so when that got put into the
system it did not route to IT and it did not route to Finance and we had assumed
it did, because that's the normal process that we use here in the city. As far as
the software being vetted, the software itself was actually recommended by IT to
the Fire Department. They went out and they found it for us. And so it did go
through that vetting process. It went through the budgeting vetting process back
as we adopted last year -- or this year's budget. But as far as the process of the
check and everybody's looked at it before it gets to Council -- what I got told was
was there was a glitch in the software itself that it didn't get routed to the
appropriate folks and since, then, they have fixed that.
Coles: Madam Mayor?
De Weerd: Mr. Clerk.
Coles: I think I can answer that a little bit further to Councilman Cavener's
question. So, within the -- the software that Chief Niemeyer was referring to is
the Novus software system that we used to create the agendas. Within that
there is an inside routing tab that we used to route through the -- through the
departments to check to make sure that everything has been -- been clicked on
or approved as it were. That's a training issue that that routing tab had been
changed many, many times in the Novus system to actually get all the
departments that need to be included in that software to be able to check off . At
the time that this went through I'm not sure that -- that all of the appropriate
departments were included or had access to the inside writing tab to approve or
to not approve and so it's been an ongoing training issue with the Novus software
system, which is why Council doesn't yet have that software in front of you to
actually use as has been, you know, budgeted and approved last year right
before I became the city clerk. So, we have been working with Novus on all sorts
of updates and changes to that software system. So, that routing tab has been
updated several times and it becomes a training issue. So, it would have been
something I'm sure along those lines that was missed as that had been updated
several, several times.
De Weerd: So, it was -- it was caught and, then, brought back to the chief saying
you need to go and take it through the appropriate steps, which he has done.
Meridian City Council
May 16, 2017
Page 17 of 23
Niemeyer: So, that's why we held off on signing the contract, to make sure
everything got looked at.
De Weerd: Okay.
Borton: Madam Mayor?
De Weerd: Mr. Borton.
Borton: Chief, is this software -- it's a different tool than the Firewise software --
De Weerd: Yes.
Borton: -- that was originally --
Niemeyer: Fireview.
Borton: Fireview. Excuse me.
Niemeyer: Yeah. Fireview was the original request. That is another piece, but it
doesn't have all of the tools that this piece does. So, IT knew we were looking --
and Matt, who is no longer with us, found this piece of software. It's being used
by other agencies here in the state . It does the same stuff, plus more, at the
same cost.
Borton: So -- Madam Mayor? One of the -- and this maybe is for discussion
when it comes back, but one of the differences is in the -- the annual licensing
fees.
Niemeyer: Uh-huh.
Borton: If I recall, the Fireview had a certain cost up front in last year's budget
and, then, it was 16,000 I believe was the anticipated annual licensing fee --
Niemeyer: Yeah.
Borton: -- and this one -- and so IT at that annual cost wouldn't develop in house
something that would be equivalent to 16 ,000, but this one is 50 some odd
thousand a year in annual fee?
Niemeyer: Yeah. Fifty-eight.
Borton: Fifty-eight. Which is a vastly different sum than the 16 and some of the
discussion -- and, again, maybe this is for the next meeting -- was at that higher
Meridian City Council
May 16, 2017
Page 18 of 23
price could our IT Department develop something in house in lieu of spending
58,000 a year?
Niemeyer: And that will be something revisited at the end of the contract, the 12
months --
Borton: And Madam Mayor -- and I don't know if this is the time for that
discussion or the next meeting, to determine whether or not signing on this
contract and committing for fifty some odd thousand annual recurring fee makes
sense, as opposed to revisiting IT's ability to provide something. Or at least have
them speak to it and say even at that higher cost we still shouldn't develop it in
house for some reason. Sixteen thousand is one thing --
Niemeyer: Uh-huh.
Borton: -- and I don't know where that conversation -- how far that's gone, but --
Niemeyer: Yeah. David and I talked about that at length. He is in agreement to
do it for a year. The goal is to get the other agencies to partner in this to keep
our costs at 16 and I have got commitments from those other agencies that will
be revisited when we come up for the contract in 12 months . I can tell you at
58,000 IT cannot build the depth of this program, but can they come up with
something else and that will be the conversation that we have in 12 months.
Dave was good doing the 12 months.
Borton: Okay. And, Madam Mayor, kind of where the question comes from, I -- I
assume that if the City of Meridian has a license that costs 56,000 for our
department to use it, for other departments to share the cost and piggyback on
its benefit the license fee is going to go up.
Niemeyer: No. It will stay the same. The -- the way -- the way the software
works is they do it as a system license and so that same 58,000, whether it's ten
departments, 15 departments, or five, will stay the 58,000 and you cost share in
that cost.
Borton: Wow.
De Weerd: So, is there not a department that you can cost share that with now?
Niemeyer: There is not. City of Boise is using the software. The Boise fire
department. However, they got that for the first three years under a grant for the
wild land urban interface and so at that -- at this moment that is not available to
us, because that was specific for a grant that they receive d. So, they have got to
finish out that grant before they can look at collaborating with anybody else.
De Weerd: So, you're not asking for action tonight, you're updating?
Meridian City Council
May 16, 2017
Page 19 of 23
Niemeyer: You have already approved the expenditure.
De Weerd: Yes. The upfront expenditure, but not the ongoing.
Niemeyer: Right.
De Weerd: And would that not be considered a waste of money if -- if we don't
continue, because you can't get others to collaborate with that cost share?
Niemeyer: I think the discussion as I have talked with Dave and Todd, after a
year is do we fund this ourselves, as the program is that meritorious. Can we
fund it ourselves. Or do we have partners to share in the cost of that. I have got
three departments that are already committed to sharing the cost of that -- of that
software in FY-18. So, we can wait or we can start. And that's kind of where we
are at. Right now we have no way to collect th is data and to report on it. This is
the best tool out there to do that,. So, if we wait another year we are going to be
a year without this tool of any kind.
De Weerd: Will this be something that's considered within the MOU?
Niemeyer: Yes. It is in the MOU. It's one of those areas that we have identified
from collaborative efforts, is insuring enterprise software where it's applicable and
so this is an area in the MOU.
De Weerd: What -- what I think the hesitation is is you don't want to move
forward until you know that has a cost share to be ongoing.
Niemeyer: Yeah. And, again, we are focused on this year's budget and the
funding that was allocated for this year's budget and that 's where -- that's where
Dave Tiede landed and taught. In a year we revisit it. If it's -- if it is software that
is that worthwhile and we have no partners, we bring you a budget amendment
and you can decide at that point if we are going to continue.
Milam: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: We are only four and a half months away from FY-18. We are not a year
out. So, I don't understand what the difference is -- so, you have got
commitments from at least three, possibly six other departments that if you take
58,000 divided by seven is like 8,000 dollars per department, unless you do it per
capita, however it is you decide to divide that out. But it's a lot less money and to
wait a couple more months -- that's the way I see it. It's just a few more months.
Just because the money was allocated for fiscal year '17 doesn't mean we have
to spend it and to just set it out there for a year seems somewhat wasteful to me
Meridian City Council
May 16, 2017
Page 20 of 23
at this point. Now, if this were November, I might -- I might feel differently. But
we are just a few months away from the next fiscal year; right? That's my
thoughts on it.
Borton: And Madam Mayor? To Council Woman Milam's point, it might be an
opportunity to -- for the seven agencies to be presented -- this MOU is coming up
in a couple of weeks of here is an MOU, how are we going to cost share and
here is an example of a contract for your department s to approve and your cost
share and we are all going to benefit from it -- wouldn't that be the best first
example?
And the only hesitancy I think is the risk that you go down the path and you
implement it and it doesn't work and now we have got it and now it's 58,000 a
year. Well, we have already implemented it and got up to speed and got all the
data and -- you know, the horse is out of the barn.
Niemeyer: I'm certainly open to any suggestions.
Borton: Yeah. That's the only hesitancy.
De Weerd: Any other questions?
Niemeyer: I will follow through with IT -- follow back with IT and bring a
recommendation to Council if that's what you would like me to do.
De Weerd: I think that IT is -- has a comfort level with the software. What --
what they have no say in, but the Council does, is that ongoing commitment to
that when the enhancement was approved during last year's budget , it was
approved with a different ongoing cost to it. So, this does change that
enhancement and the caution is making sure you have those -- those cost
agreements in place ahead of time. So, it still fits within the anticipation of the
ongoing cost to the base and that's a hesitancy, chief.
Niemeyer: Sure. And I think we can -- if we need to wait until October we
certainly can, to Council Woman Milam's point.
De Weerd: I don't know if waiting until October is -- is really the discussion. It's
the agreement of sharing in the cost of the ongoing commitment.
Niemeyer: And that would be October when other budgets start.
De Weerd: Well, if -- if they sign it into the MOU and you come and say, you
know, these people are all on board, here is the signatures, they hav e -- I don't
see a reason not to move forward. But that's the comfort level that they will need
to have with -- with theirs.
Niemeyer: Fair enough.
Meridian City Council
May 16, 2017
Page 21 of 23
Milam: Madam Mayor?
Cavener: Madam Mayor?
De Weerd: Mrs. Milam.
Milam: On top of that, I think that we are looking at more of the -- if this is an
annual contract that would say go into effect June 1st to June 1st, a lot of that
time will be during FY-18. So, even if we had a commitment -- you know, they
committed now and they need to come up with -- their portion will be such a
small amount for FY-17, they probably would be able to come up with it, if that's
what the MOU was all about anyway is doing these kind of things. And if they
make it a commitment for ongoing costs I think that that removes the burden that
we are feeling of just kind of solely taking that responsibility into the future
without any kind of -- anything signed. FY-18 starts in a few months, so even if
they waited until FY-18 and pay their portion of this year's contract , it still
removes that burden, because a lot of this contract will be in FY-18.
De Weerd: Mr. Cavener.
Cavener: Thank you, Madam Mayor. Chief, what I'm hearing from Council up
here is that we don't have a good, clear picture as to what the assumed ongoing
cost to the City of Meridian will be and it's challenging for us to make a decision
thumbs up or thumbs down until we have that clarity. If that clarity can come
before the budget session, great, I think you have got a commitment from the
Council to hear that. If it comes through as part of the budget hearing process, I
think that's fine, too. If it doesn't come until after the budget process, I think you
have still got a willingness from this Council to hear that. It's important that we
have a clear picture as to what our ongoing liability will be.
Niemeyer: Yep. Fair enough. I will bring that back when the time is right.
Cavener: Great.
Palmer: Madam Mayor?
De Weerd: Mr. Palmer.
Palmer: And, Madam Mayor, when we get to that point, my preference is to have
a discussion in the -- the budget setting process that -- as to whether we are -- if
we don't know by then whether we are willing to invest the 58,000, assuming we
get nobody on board -- because I would rather discover savings down the road
than discover, okay, we are going to hope somebody gets on board and, then,
say nobody does and, then, we do a budget amendment for more. I'd rather -- if
we are going to commit to it, we commit to it during the budget process, and,
Meridian City Council
May 16, 2017
Page 22 of 23
then, either we get savings, hey, we decided this when we did the budget
process, instead of amending it later.
Niemeyer: Agreed. All right.
De Weerd: So, we will hear this in a couple of weeks.
Niemeyer: You will hear the MOU in a couple weeks, so long as we get that
done legally. On the issue of the software, it may be a little bit longer than that.
De Weerd: Okay.
Niemeyer: But we will bring it back.
Item 10: Future Meeting Topics
De Weerd: Okay. Thank you. Okay. Item 10 is Future Meeting Topics.
Council, anything for future agenda items? Just a few upcoming events.
Tomorrow we have the groundbreaking at the Idaho College Osteopathic
Medicine. So, hopefully, you can join us at 11:00 a.m. at the lot just on the east
side of Idaho State University. On May 18th from 6:00 to 7:30 is law appreciation
-- law enforcement appreciation dinner at Harvest Church. They have done this
in past years and just a way to love on our law enforcement and show them how
much they appreciate them. And that's from 6:00 to 7:30. If you would like to
attend, please, let my office know and we will pass that along. Paws in the Park
is on Saturday, May 20th from 10:00 to 1:00 at Storey Bark Park. The library is
celebrating their 20th birthday party at -- of their Cherry Lane branch on Saturday
on -- from 2:00 to 4:00 and join Council Member Palmer on Monday -- Meridian
Mondays at 6:00 o'clock in City Hall Plaza. If there is nothing further, I would
entertain a motion to close -- or to adjourn.
Bird: So moved.
Milam: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: FIVE AYES. ONE ABSENT.
MEETING ADJOURNED AT 6:45 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MAYOR MY DE WEERD DATE APPROVED
Meridian City Council
May 16, 2017
Page 23 of 23
OR
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CITY OF MERIDIAN
CITY COUNCIL
PUBLIC FORUM SIGN -IN SHEET
Date: May 16, 2017
Prior to the commencement of the meeting a person wishing to address the Mayor and City
Council MUST sign in and limit their comments to the matter described below. Complaints
about individuals, city staff, business or private matters will not be allowed. Testimony or
comment on an active application or proposal that is or will be pending before Planning and
Zoning or City Council is strictly prohibited by Idaho law. Each speaker will have up to three
(3) minutes to address the Mayor and Council, but the chair may stop the speaker if the
matter does appear to violate guidelines, varies from the topic identified on this sign in
sheet or other provisions of law or policy.
Print Name
Provide Description of Discussion Topic
7/Da (?
Pik L v7
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 6A
PROJECT NUMBER:
ITEM TITLE:
Approve Minutes of May 2, 2017 City Council Regular Meeting
MEETING NOTES
uy APHOVED
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
May 2, 2017
Page 50 of 50
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
MA -T-ADE WEERD DATE APPROVED
ATTEST;
C. JAY CODES, CITY CLERK r. . ,1
X ®I
Meridian City Council Meeting
DATE: May 2,2017 ITEM NUMBER: 6B
PROJECT NUMBER:
ITEM TITLE:
Findings of Fact, Conclusions of Law, Decision and Order for Maverik (H-2017-0042) by
Maverik, Inc. Located 1515 E. Fairview Avenue
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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0042 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for a Modification to the Development Agreement for Maverik, by
Maverik, Inc.
Case No(s). H-2017-0042
For the City Council Hearing Date of: May 2, 2017 (Findings on May 16, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 2, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 2, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2017,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 2, 2017, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 2, 2017, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council's authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant's request for a modification to the development agreement is hereby approved
per the provisions in the Staff Report for the hearing date of May 2, 2017, attached as Exhibit
A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The development agreement shall be signed by the property owner and returned to the City by
June 2, 2017 per the City Council hearing on May 2, 2017.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification (UDC 11-513-317).
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the City if filed prior to the end of the six (6) month approval
period (UDC 11 -5B -3F).
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of May 2, 2017
j
By tion of the City Council at its regular meeting held on the l 6 day of
2;
ss
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0042 - 2 -
COUNCIL PRESIDENT KEITH BIRD VOTED
COUNCIL VICE PRESIDENT JOE BORTON VOTED_
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED
COUNCIL MEMBER TY PALMER VOTED e4
COUNCIL MEMBER LUKE CAVENER VOTED Y(!!�q
COUNCIL MEMBER GENESIS MILAM VOTED Y6'
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tamm A eerd
Attest: f-
City
D AUGCI y ofT,,IDIAN!�-
J-a - �Q CO eIDAHO
Clerk EAL
Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: G , 4 �/ Co 4�1Y Dated; 71
City Clerk's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
CASE NO(S). H-2017-0042 - 3 -
Exhibit A
Maverik – MDA H-2017-0042 1
STAFF REPORT
HEARING DATE: May 2, 2017
TO: Mayor & City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
SUBJECT: Maverik – MDA H-2017-0042
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Maverik, Inc., requests to a time extension to execute the recording of the modified draft
development agreement. See Section IX Analysis for more information.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed MDA as requested by the applicant.
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0042 as
presented in the staff report for the hearing date of May 2, 2017, with the following modifications: (Add
any proposed modifications.)
Denial
After considering all staff, applicant and public testimony, I move to deny H-2017-0042 as presented during
the hearing on May 2, 2017, for the following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2017-0042 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 1515 E. Fairview Avenue on the southwest corner of E. Fairview Avenue and N.
Locust Grove Road, in the NE ¼ of Section 7, Township 3N., Range 1E.
B. Owner:
Russel S. Barger
8852 W. Clovis Drive
Boise, ID 83709
C. Applicant:
Maverik, Inc.
880 W. Center Street
North Salt Lake, UT 84054
Exhibit A
Maverik – MDA H-2017-0042 2
D. Representative:
JoAnn Butler, Spink, Butler, LLP
251 E. Front Street/ P. O. Box 639
Boise, ID 83701
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a development agreement modification. A public hearing is required
before the City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5.
B. Newspaper notifications published on: April 14, 2017
C. Radius notices mailed to properties within 300 feet on: April 6, 2017
D. Applicant posted notice on site by: April 21, 2017
VI. LAND USE
A. Existing Land Use(s): This property consists of land that is currently in the development process.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: E. Fairview Avenue and commercial property zoned C-G
2. East: N. Locust Grove Road, commercial property and vacant property, zoned C-G and RUT in
Ada County
3. South: Single-family residential homes in the Keziah Subdivision, zoned R-40
4. West: Developed commercial property, zoned C-G
C. History of Previous Actions:
In 2016, the property received annexation (H-2016-0027) approval however; the development
agreement was never signed by the applicant to conclude the annexation process.
VII. ANALYSIS
The applicant requests an amendment to the Development Agreement (DA) to extend the expiration of
the development agreement; the original expiration date was 12/21/2016. The reason for the delay in
signing the DA was so the applicant and the City Attorney’s office could collaborate on an appropriate
DA provision for the removal of the billboard signs based on the motion stipulated by City Council
during the initial hearing. At the May 2, 2017 hearing the Applicant presented a contractual solution to
billboard removal requirement and also requested to delay implementation of the landscape requirement
until such time as the Owner subdivides the south property adjacent to the subdivision. Both parties
have agreed to the terms in the modified agreement therefore; the applicant is requesting an extension
of the original deadline to sign the agreement. Because a specific time was not requested by the
applicant, staff recommends the applicant execute the signature on the development agreement by June
2, 2017.
Staff recommends approval of the applicant’s requested modification to the DA as shown in Exhibit
A.2.
VIII. EXHIBITS
A. Drawings/Other
Exhibit A
Maverik – MDA H-2017-0042 3
1. Vicinity/Zoning Map
2. Proposed Language for the Development Agreement
Exhibit A
Maverik – MDA H-2017-0042 4
Exhibit A.1: Vicinity/Zoning Map
Exhibit A
Maverik – MDA H-2017-0042 5
Exhibit A.2: Proposed Text Changes to the Development Agreement
5. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY:
5.1. Owner and/or Developer shall develop the Property in accordance with the
following special conditions:
a. Future development of the Property shall be consistent with the design standards listed in
UDC 11-3A-19 and the guidelines in the Architectural Standards Manual
b. Prior to Planning and Zoning Commission hearing, the applicant submit a revised concept
plan that incorporates ACHD ROW for the intersection improvements, the 25-foot wide
landscape buffers on Fairview Ave. and Locust Grove Road, the irrigation easement on the
south boundary and the required landscape buffer, and a 5-foot wide detached sidewalk on
Locust Grove Road.
c. The junkyard use, fencing and the billboard nearest the corner shall be removed or cease
within 60 days of annexation into the City.
d. A minimum 25-foot wide street buffer shall be constructed along the entire frontage of the
Property along E. Fairview Avenue and N. Locust Grove Road with the first phase of the
Development in accord with UDC 11-3B-7C. The Owner intends to seek a lot split,
subdivision, or short plat of this current parcel that will change the southern boundary from
the current configuration. Owner shall comply with all requirements for development of
the final southern boundary of the subject parcel once complete.
e. The applicant shall construct a 5-foot wide detached sidewalk on N. Locust Grove Road.
f. The applicant shall provide cross-access to 1375 E. Fairview Avenue (parcel #
R4239560010) and to the southern portion of the subject Property; the cross-access
agreements shall be recorded prior to submitting an application for Certificate of Zoning
Compliance and Design Review.
g. Any future development of the Property must comply with the City of Meridian ordinances
in effect at the time of development.
h. The applicant shall complete phase 1 and phase 2 environmental assessments in accord
with DEQ standards prior to submitting a certificate of zoning compliance application.
i. The applicant shall extend sewer and water to the Property with the development of the
Property.
j. No direct access to E. Fairview Avenue shall be permitted.
k. The applicant is required to submit a Certificate of Zoning Compliance and Administrative
Design review application for approval of the proposed use and site layout from the
Planning Division prior to applying for a building permit application.
l. Coordinate with City staff on bonding for the removal of the billboards once the lease term
has expired. See Section 5.2.
Exhibit A
Maverik – MDA H-2017-0042 6
m. The billboard signs on the Property at the time of the execution of this Development
Agreement shall not be included in the calculation of the allowed square footage for
signage under the UDC on the Property for the subject Developer, Maverik, Inc.
5.2 The Property is encumbered by certain billboard leases, which leases are attached as Exhibit C
to this Agreement. The lessor (that is, Owner) and the lessee of such billboard leases have
provided written confirmation that: (1) the billboard leases terminate at the end of September,
2027; and (2) the lessee under the billboard leases will “remove everything above ground level
of said billboard structures within 30 days of the Lease(s) ending.” A copy of the foregoing
written confirmation is attached as Exhibit D to this Agreement. To ensure such billboard
structures will be removed as provided in Exhibit D, if such billboard structures are not
removed by the lessee or Owner within 30 days of the billboard leases termination date of
September 30, 2027, Owner hereby gives City and/or Developer permission and license to
enter onto the Property for the purpose of removing such billboard structures and, concurrently
with the complete execution of this Agreement, Developer shall enter into a surety agreement,
substantially similar in form to the Surety Agreement attached as Exhibit E to this Agreement,
which surety agreement ensures City shall have the funds available to remove such billboard
structures if such billboard structures are not removed by lessee, Owner or Developer.
6. COMPLIANCE PERIOD: Pursuant to permission granted by the Meridian Council,
Owner and Developer have agreed to sign and return this Agreement to City no later than June 2,
2017.
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 6C
PROJECT NUMBER: H-2017-0019
ITEM TITLE: Holy Apostles Catholic Church
C. Findings of Fact, Conclusions of Law, Decision and Order for Holy Apostles Catholic
Church (H-2017-0019) by Roman Catholic Diocese of Boise Located Southeast Corner
of E. Chinden Boulevard and N. Meridian Road
MEETING NOTES
u7 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 FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0019 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Annexation & Zoning of 16.32 Acres of Land with a C-C Zoning
District for Holy Apostles Church, by Roman Catholic Diocese of Boise.
Case No(s). H-2017-0019
For the City Council Hearing Date of: May 2, 2017 (Findings on May 16, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 2, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 2, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2017,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 2, 2017, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 2, 2017, incorporated by reference. The conditions are concluded to be
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0019 - 2 -
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for annexation & zoning is hereby approved with the requirement of a
development agreement with the provisions noted in the Staff Report for the hearing date of
May 2, 2017, attached as Exhibit A.
D. Notice of Applicable Time Limits
Notice of Development Agreement Duration
The city and/or an applicant may request a development agreement or a modification to a
development agreement consistent with Idaho Code section 67-6511A. The development
agreement may be initiated by the city or applicant as part of a request for annexation and/or
rezone at any time prior to the adoption of findings for such request.
A development agreement may be modified by the city or an affected party of the development
agreement. Decision on the development agreement modification is made by the city council in
accord with this chapter. When approved, said development agreement shall be signed by the
property owner(s) and returned to the city within six (6) months of the city council granting the
modification.
A modification to the development agreement may be initiated prior to signature of the
agreement by all parties and/or may be requested to extend the time allowed for the agreement
to be signed and returned to the city if filed prior to the end of the six (6) month approval
period.
E. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
F. Attached: Staff Report for the hearing date of May 2, 2017
By action of the City Council at its regular meeting held on the (U day of ,
2017.
COUNCIL PRESIDENT KEITH BIRD
COUNCIL VICE PRESIDENT JOE BORTON
COUNCIL MEMBER ANNE LITTLE ROBERTS
COUNCIL MEMBER TY PALMER
COUNCIL MEMBER LUKE CAVENER
COUNCIL MEMBER GENESIS MILAM
MAYOR TAMMY de WEERD
(TIE BREAKER)
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: Gj Y C -e) Dated: / l 7 )2 17
City Cleric's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0019 - 3 -
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 1
STAFF REPORT Hearing Date: May 2, 2017
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Holy Apostles – AZ (H-2017-0019)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Roman Catholic Diocese of Boise, has submitted an application for annexation and
zoning (AZ) of 16.32 acres of land with a C-C zoning district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed AZ application with the requirement of a development
agreement in accord with the provisions in Exhibit B and the Findings of Fact and Conclusions of
Law in Exhibit D.
The Meridian Planning & Zoning Commission heard these items on April 6, 2017. At the public
hearing, the Commission moved to recommend approval of the subject AZ request.
a. Summary of Commission Public Hearing:
i. In favor: Tamara Thompson, The Land Group
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Tamara Thompson, The Land Group (response to the staff report)
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. None
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard this item on May 2, 2017. At the public hearing, the Council
approved the subject AZ request.
a. Summary of City Council Public Hearing:
i. In favor: Michael Thomas, The Land Group
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Tamara Thompson, The Land Group (in agreement with staff
report)
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 2
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Council:
i. None
di. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0019, as presented in the staff report for the hearing date of May 2, 2017, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0019,
as presented during the hearing on May 2, 2017, for the following reasons: (You should state specific
reasons for denial)
Continuance
I move to continue File Number H-2017-0019 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 the southeast corner of N. Meridian Road and E. Chinden Blvd. at 6300 N.
Meridian Road, in the NW ¼ of Section 30, Township 4 North, Range 1 East. (Parcel No.:
S0530223200)
B. Owners:
Roman Catholic Diocese of Boise
1501 S. Federal Way, Suite 400
Boise, ID 83705
C. Applicant:
Same as owner
D. Representative:
Tamara Thompson, The Land Group
462 E. Shore Drive, Suite 100
Eagle, ID 83712
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for annexation and zoning. A public hearing is required before the
Planning & Zoning Commission and City Council on this matter, consistent with Meridian City
Code Title 11, Chapter 5.
B. Newspaper notifications published on: March 17, 2017 (Commission); April 14, 2017 (City
Council)
C. Radius notices mailed to properties within 300 feet on: March 9, 2017 (Commission); April 7,
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 3
2017 (City Council)
D. Applicant posted notice on site(s) on: March 23, 2017 (Commission); April 21, 2017 (City
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This site is developed with a church, a single-family home, a
mobile office used for a charity food pantry, and associated parking and landscaping, zoned RUT
in Ada County.
B. Character of Surrounding Area and Adjacent Land Use and Zoning:
1. North: E. Chinden Blvd. and rural residential properties in Castlebury West Subdivision,
zoned R1 in Ada County
2. East: Zamzow’s retail store, zoned RUT in Ada County
3. South: St. Ignatius School, zoned C-C
4. West: N. Meridian Road and vacant/undeveloped land (approved for residential homes -
Paramount Director), zoned R-15
C. History of Previous Actions: A property boundary adjustment was recorded in 2016 that created
the current configuration of the property (ROS #10478).
D. Utilities:
1. Location of sewer: A sanitary sewer main intended to provide service to the subject site
currently exists near the SE corner of the subject site.
2. Location of water: The Holy Apostles Catholic Church is currently receiving water service
from the Suez North America water system in Chinden Boulevard. Terms of a 2007
Agreement between the City of Meridian and United Water of Idaho (preceding water
purveyor) stipulates that Suez will retain their current customers in the area that includes the
Church. Therefore, the City of Meridian will not be providing water service to the subject
church site.
3. Issues or concerns: None
E. Physical Features:
1. Canals/Ditches Irrigation: The North Slough runs across the southwest boundary of this site
and has been piped.
2. Hazards: Staff is unaware of any hazards that may exist on this property.
3. Flood Plain: This property does not lie within the flood plain.
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 4
VII. COMPREHENSIVE PLAN POLICIES AND GOALS
Land Use: The subject property is designated Mixed Use - Community (MU-C) on the Future Land
Use Map (FLUM) contained in the Comprehensive Plan.
The purpose of this designation is to allocate areas where community-serving uses and dwellings are
seamlessly integrated into the urban fabric. The intent is to integrate a variety of uses, including
residential, and to avoid mainly single-use and strip commercial type buildings. Goods and services in
these areas tend to be of the variety that people will mainly travel by car to, but also walk or bike to
(up to 3 or 4 miles. Employment opportunities for those living in and around the neighborhood are
encouraged. Developments are encouraged to be designed according to the conceptual MU-C plan
depicted in Figure 3-3 in the Comprehensive Plan (pg. 27).
Developments should have a mix of at least 3 land use types; residential uses should comprise a
minimum of 20% of the development area at densities ranging from 6 to 15 units/acre; non-residential
buildings should be proportional to and blend in with adjacent residential buildings; vertically
integrated structures are encouraged; supportive and proportional public and/or quasi-public spaces
and places including but not limited to parks, plazas, outdoor gathering areas, open space, libraries,
and schools that comprise a minimum of 5% of the development area are required.
The existing church is a desired use in the MU-C designated area as it provides a service to the
community and is easily accessible by car and within walking and biking distance from nearby
residential developments. Adjacent properties within the MU-C designated area have developed with
a retail store (Zamzow’s, to the east); an assisted living facility (Veranda Senior Living, to the west at
Chinden/Fox Run); and future single-family attached homes (Paramount Director, to the west
between Fox Run and Meridian Road). There is also land that has not yet developed within the MU-C
designated area which will further contribute to the mix of uses in this area when developed.
Policies: Staff finds the following Comprehensive Plan policies to be applicable to this application
and apply to the proposed use of this property (staff analysis in italics):
“Require appropriate landscape and street buffers along transportation corridors (setback,
vegetation, low walls, berms, etc.).” (3.06.02F)
A 35-foot wide street buffer with landscaping is required along N. Meridian Road and E.
Chinden Blvd., entryway corridors, in accord with the standards listed in UDC 11-3B-7C.
“Protect existing residential properties from incompatible land use development on adjacent
parcels.” (3.06.01F)
There are no residential properties that abut this site.
“Restrict curb cuts and access points on collectors and arterial streets.” (3.06.02D)
This site currently has a full access via N. Meridian Road and E. Chinden Blvd, both arterial
streets. The UDC (11-3A-3) restricts access to arterial streets when access is available via a
local street. Local street access is not available to this site. Therefore, staff does not
recommend any restrictions on access for this site with this application.
“Ensure development provides safe routes and access to schools, parks and other community
gathering places.” (3.07.02N)
A detached sidewalk exists along N. Meridian Road and a 10-foot wide detached multi-use
pathway is required to be constructed along the frontage of the site on E. Chinden Blvd.
which will provide a safe route to community gathering places.
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 5
“Permit new development only where urban services can be reasonably provided at the time
of final approval and development is contiguous to the City.” (3.01.01F)
City sewer service is available and will be extended by the applicant upon annexation of the
property in accord with UDC 11-3A-21 and as set forth in the development agreement.
Encourage and promote the preservation and expansion of Chinden Boulevard (US 20/26) by
ITD (3.03.02L, Chapter 3, page 48).
The applicant should coordinate with ITD on the preservation of right of way (ROW) along
the Chinden corridor. The total ROW needed for this segment of corridor is 140 feet. The
submitted plan does not depict any future ROW for the expansion of the roadway. Staff
recommends the applicant depict the 30-feet of additional (70-feet total from centerline)
ROW with the submittal of a certificate of zoning compliance application.
Analysis: Annexation of this property with an existing church and C-C zoning is consistent with the
FLUM designation of MU-C and should be compatible with adjacent commercial and residential
uses. Therefore, Staff feels the proposed development is appropriate within the MU-C designation.
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone: The purpose of the Commercial Districts is to provide for the retail
and service needs of the community in accord with the Meridian Comprehensive Plan. Six
districts are designated which differ in the size and scale of commercial structures accommodated
in the district, the scale and mix of allowed commercial uses, and the location of the district in
proximity to streets and highways.
The C-C district allows a larger scale (than C-N) and broader mix of retail, office and service uses
with access to arterial or collector streets.
B. Schedule of Use: Unified Development Code (UDC) Table 11-2B-2 lists the principal permitted
(P), accessory (A), conditional (C), and prohibited (-) uses in the C-C zoning district. Any use not
explicitly listed, or listed as a prohibited use is prohibited. The use of the site as a church is a
principal permitted use in the C-C district, subject to the specific use standards set forth in UDC
11-4-3-6.
C. Dimensional Standards: Development of the site should be consistent with the dimensional
standards listed in UDC Table 11-2B-3 for the C-C zoning district.
D. Landscaping: Street buffer landscaping shall be installed in accordance with the standards listed
in UDC Table 11-2B-3 for the C-C zoning district.
E. Off-Street Parking: Off-street parking is required in accord with UDC 11-3C-6B for non-
residential uses.
F. Structure and Site Design Standards: Development of this site must comply with the design
standards in accord with UDC 11-3A-19 and the guidelines listed in the Architectural Standards
Manual.
IX. ANALYSIS
A. Analysis of Facts Leading to Staff Recommendation:
The applicant has applied for annexation and zoning of 16.32 acres of land with a C-C zoning
district. As discussed above in Section VII, the proposed zoning is consistent with the
corresponding FLUM designation of MU-C and the policies in the Comprehensive Plan as noted.
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 6
The legal description submitted with the application, included in Exhibit C, shows the boundaries
of the property proposed to be annexed and zoned. The property is contiguous to land that has
been annexed into the City and is within the Area of City Impact boundary.
The City may require a development agreement (DA) in conjunction with an annexation pursuant
to Idaho Code section 67-6511A. In order to ensure compliance with the provisions of annexation
included in this report in Exhibit B, staff recommends a DA.
The applicant has submitted a site plan, included in Exhibit B, showing how the site is developed
with a church, accessory structures, parking and access. The plan also includes the 10-foot wide
multi-use pathway proposed to be constructed along Chinden Blvd.
Existing Structures: There is an existing 52,220 square foot church and accessory structures (a
single-family home and food pantry) on this site.
Dimensional Standards: Future development on the site is required to comply with the
dimensional standards listed in UDC Table 11-2B-3 for the C-C district.
Specific Use Standards: The proposed use is subject to the specific use standards listed in UDC
11-4-3-6, Church or Place of Religious Worship, as follows: “Schools, child daycare services,
meeting facilities for clubs and organizations, and other similar uses not operated primarily for
the purpose of religious instruction, worship, government of the church, or the fellowship of its
congregation may be permitted to the extent the activity is otherwise permitted in the district.”
Access: Access to arterial streets is limited in accord with the provisions listed in UDC 11 -3A-3.
One full access currently exists via N. Meridian Road and one full access exists via E. Chinden
Blvd. (SH 20/26). Because access via a local street doesn’t exist to this property, these accesses
are allowed to remain; however, no additional accesses are allowed in the future.
A cross-access/ingress-egress/cross-parking agreement was required to be recorded between the
subject property and the school property to the south with the annexation of the school site.
Further, the church’s Chinden access is shared with the Zamzow’s property to the east.
If/When the Zamzow’s property request annexation into the City, the Zamzow’s property
may be required to close their most easterly Chinden access. For this reason, staff
recommends, the applicant record a cross-access/ingress-egress easement with the property
to the east (Zamzow’s).
Parking: A minimum of one parking space is required per every 500 square feet of gross floor
area. Based on 52,220 square feet, a minimum of 104 spaces are required. A total of 375 parking
spaces are proposed on the concept plan on the subject property with shared parking on the school
property to the south consisting of 60 spaces.
Waterways: The North Slough runs along the southwest corner and the west boundary of this
site. The UDC (11-3A-6) requires all irrigation ditches, laterals, canals and drains to be piped
unless left open as a water amenity (as defined in UDC 11-1A-1) or linear open space.
Utilities: The UDC (11-3A-21) requires all development to connect to the City water and sewer
system unless otherwise approved by the City Engineer. Based on the terms of a 2007 Agreement
between the City of Meridian and United Water of Idaho (preceding water purveyor to Suez
North America) stipulating that Suez will retain their current customers, the City will not be
providing water service to the subject church site.
Adequate fire protection shall be required in accord with the appropriate fire district standards.
Street lighting is required to be installed with development of this property in accord with the
City’s adopted standards, specifications and ordinances. A Type 1 light is required at the
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 7
intersection of Meridian Road and the school entrance and 220 feet to the south of the first light
as shown on the site plan.
Pressurized Irrigation (PI): The UDC (11-3A-15) requires an underground PI system to be
provided for this development in accord with UDC 11-3A-15. However, because this property is
not required to hook up to City water service, a PI system is not required.
Landscaping: A minimum 35-foot wide street buffer is required along N. Meridian Road and E.
Chinden Blvd. (SH 20/26), both entryway corridors, landscaped in accord with the standards
listed in UDC 11-3B-7C. Approximately 275 feet of the 35-foot landscape buffer is not
constructed along the Chinden frontage. Staff recommends that this portion of the landscape
buffer be constructed within one year of the certificate of zoning compliance approval.
Sidewalks/Pathways: Sidewalks are required along all public streets as set forth in UDC 11-3A-
17. A detached sidewalk already exists along N. Meridian Road; no sidewalk exists along
Chinden. The UDC (11-3H-4C) requires a 10-foot wide detached multi-use pathway to be
provided along E. Chinden Blvd. (SH 20/26) within a public pedestrian easement.
Further, staff recommends the applicant reserve all necessary right-of-way for the future
widening of Chinden Boulevard. With the submittal of the certificate of zoning compliance
application, the applicant should depict the future ITD right-of-way on the site plan to
ensure the required 10-foot multi-use pathway and the required 35-foot wide landscape
buffer comply with the standards set forth in UDC Table 11-2B-3 and UDC 11-3B-7C.
Building Elevations: No new structures are proposed with this application.
Certificate of Zoning Compliance: To ensure compliance with UDC standards for site
improvements required as a provision of annexation, a Certificate of Zoning Compliance is
required to be submitted to the Planning Division within 60 days of annexation. The
required improvements will need to be completed within one (1) year of approval of the
Certificate of Zoning Compliance.
In summary, Staff recommends approval of the proposed annexation and zoning request for this
site with a development agreement containing the provisions listed in Exhibit B of this report in
accord with the findings contained in Exhibit D.
X. EXHIBITS
A. Drawings/Other
1. Vicinity/Zoning Map
2. Site Plan (dated: 2/10/17)
B. Agency & Department Comments
C. Legal Description & Exhibit Map for Annexation Boundary
D. Required Findings from Unified Development Code
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 7
A. Drawings
1. Vicinity/Zoning Map
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 8
2. Site Plan (dated: 2/10/17)
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 9
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DEPARTMENT
1.1 Site Specific Conditions of Approval
1.1.1 A Development Agreement (DA) is required as a provision of annexation of this property. Prior
to the annexation ordinance approval, a DA shall be entered into between the City of Meridian,
the property owner(s) at the time of annexation ordinance adoption, and the developer.
Currently, a fee of $303.00 shall be paid by the applicant to the Planning Division prior to
commencement of the DA. The DA shall be signed by the property owner and returned to the
City within six (6) months of the City Council granting annexation. The DA shall, at minimum,
incorporate the following provisions:
a. The Applicant shall provide for future right-of-way as required by the Idaho Transportation
Department for the widening of E. Chinden Blvd. (SH 20/26).
b. Access is limited to the access points that currently exist to this site [one (1) via N. Meridian
Road and one (1) via E. Chinden Blvd.]; no additional accesses shall be allowed in accord
with UDC 11-3A-3.
c. The developer shall pipe or otherwise cover any and all open ditches that cross this site in
accord with UDC 11-3A-6 unless such waterway is improved as a water amenity as defined
in UDC 11-1A-1.
d. A minimum 35-foot wide street buffer shall be provided along the north and west property
boundaries adjacent to E. Chinden Blvd. and N. Meridian Road, both entryway corridors, and
landscaped in accord with the standards listed in UDC 11-3B-7C.
e. This development is required to connect to the City sewer system within sixty (60) days of
annexation into the City in accord with UDC 11-3A-21 and MCC 9-1-4. At such time as the
development is connected to City sewer service, disconnection from private service is
required. Note: The church is not required to hook-up to City water service based on the
terms of the 2007 Agreement between the City of Meridian and United Water of Idaho
(preceding water purveyor to Suez North America) which stipulates that Suez will retain their
current customers.
f. All development shall comply with the dimensional standards for the C-C zoning district
listed in UDC Table 11-2B-3 and the specific use standards listed in UDC 11-4-3-6, Church
or Place of Religious Worship.
g. A minimum 10-foot wide multi-use pathway is required to be constructed within the street
buffer along E. Chinden Blvd. within a public use easement as set forth in UDC 11-3H-4C.4.
The pathway shall be setback outside of the area needed for future right-of-way expansion of
Chinden Blvd./SH 20/26. Coordinate the details of the easement with Jay Gibbons, Park’s
Department (208-888-3579), and submit a copy of the easement to the Planning Division for
approval by City Council and subsequent recordation.
h. A cross-access/ingress-egress easement shall be recorded to the property to the east
(Zamzow’s) in accord with UDC 11-3A-3A.
i. To ensure compliance with UDC standards for site improvements required in this agreement
as a provision of annexation, a Certificate of Zoning Compliance is required to be submitted
to the Planning Division within 60 days of annexation. The required improvements will need
to be completed within one (1) year of approval of the Certificate of Zoning Compliance.
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 10
2. PUBLIC WORKS DEPARTMENT
2.1 Site Specific Conditions of Approval
2.1.1 The Holy Apostles Catholic Church is currently receiving water service from the Suez North
America water system in Chinden Boulevard. Terms of a 2007 Agreement between the City of
Meridian and United Water of Idaho (preceding water purveyor) stipulates that Suez will retain
their current customers in the area that includes the Church. Therefore, the City of Meridian will
not be proving water service to the subject church site.
2.1 General Conditions of Approval
2.2.1 Applicant shall coordinate sewer main size and routing with the Public Works Department, and
execute standard forms of easements for any mains that are required to provide service outside of
a public right-of-way. Minimum cover over sewer mains is three feet, if cover from top of pipe to
sub-grade is less than three feet than alternate materials shall be used in conformance of City of
Meridian Public Works Departments Standard Specifications.
2.2.2 Per Meridian City Code (MCC), the applicant shall be responsible to install sewer mains to and
through this development. Applicant may be eligible for a reimbursement agreement for
infrastructure enhancement per MCC 8-6-5.
2.2.3 The applicant shall provide easement(s) for all public sewer mains outside of public right of way.
The easement widths shall be 20-feet wide for a single utility. The easements shall be dedicated
via the City of Meridian’s standard forms. 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
development plan approval.
2.2.4 Any existing septic systems within this project shall be removed from service per City Ordinance
Section 9-1-4 and 9 4 8. Contact Central District Health for abandonment procedures and
inspections (208)375-5211.
2.2.5 Applicant shall be required to pay Public Works development plan review, and construction
inspection fees, as determined during the plan review process, prior to the issuance of a plan
approval letter.
2.2.6 It shall be the responsibility of the applicant to ensure that all development features comply with
the Americans with Disabilities Act and the Fair Housing Act.
2.2.7 Applicant shall be responsible for application and compliance with any Section 404 Permitting
that may be required by the Army Corps of Engineers.
2.2.8 All grading of the site shall be performed in conformance with MCC 11-1-4B.
2.2.9 At the completion of the project, the applicant shall be responsible to submit record drawings per
the City of Meridian AutoCAD standards. These record drawings must be received and approved
prior to the issuance of a certification of occupancy for any structures within the project.
2.2.10 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 public sewer, water and reuse infrastructure
for duration of two years. This surety will be verified by a line item cost estimate provided by the
owner to the City. The surety can be posted in the form of an irrevocable letter of credit, cash
deposit or bond. Applicant must file an application for surety, which can be found on the
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 11
Community Development Department website. Please contact Land Development Service for
more information at 887-221.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
2.1 The Fire Department had no comments on this application.
5. REPUBLIC SERVICES
5.1 Republic Services did not submit comments on this application.
6. PARKS DEPARTMENT
6.1 The Park’s Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
Comments have not been received from ACHD on this application.
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 12
C. Legal Description & Exhibit Map for Annexation Boundary
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 13
EXHIBIT A
Holy Apostles – AZ H-2017-0019 PAGE 14
D. Required Findings from Unified Development Code
1. Annexation Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The Applicant is proposing to annex the subject 16.32 acres of land property with a C-C
zoning district consistent with the MU-C FLUM designation for this property. The City
Council finds that the proposed map amendment and existing church use complies with the
provisions of the Comprehensive Plan and should be compatible with the adjacent residential
and commercial uses (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment to the C-C zoning district is
consistent with the purpose statement for the commercial districts as detailed in Section VIII
above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning map amendment will not be detrimental to
the public health, safety, or welfare. City utilities will be extended at the expense of the
applicant.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
The City Council finds annexing this property with a C-C zoning district is in the best interest
of the City.
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 6D
PROJECT NUMBER: H-2017-0010
ITEM TITLE: Oaks South
Findings of Fact, Conclusions of Law, Decision and Order for Oaks South (H-2017-0010)
by Thomas Coleman Located South of W. McMillan Road and East of N. McDermott
Road
MEETING NOTES
9 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
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0010 - 1 -
CITY OF MERIDIAN
FINDINGS OF FACT, CONCLUSIONS OF LAW
AND DECISION & ORDER
In the Matter of the Request for Rezone of 0.005 acre from L-O to R-8; 0.001 acre from L-O to R-
15; 0.04 acre from R-15 to L-O; 0.22 acre from R-15 to R-8; 0.19 acre from R-15 to R-4; 0.31 an
acre from R-8 to R-4; and 0.07 acre from R-4 to the R-8 zoning district in the Oaks South
Development, by Thomas Coleman.
Case No(s). H-2017-0010
For the City Council Hearing Date of: May 2, 2017 (Findings on May 16, 2017)
A. Findings of Fact
1. Hearing Facts (see attached Staff Report for the hearing date of May 2, 2017, incorporated by
reference)
2. Process Facts (see attached Staff Report for the hearing date of May 2, 2017, incorporated by
reference)
3. Application and Property Facts (see attached Staff Report for the hearing date of May 2, 2017,
incorporated by reference)
4. Required Findings per the Unified Development Code (see attached Staff Report for the hearing
date of May 2, 2017, incorporated by reference)
B. Conclusions of Law
1. The City of Meridian shall exercise the powers conferred upon it by the “Local Land Use
Planning Act of 1975,” codified at Chapter 65, Title 67, Idaho Code (I.C. §67-6503).
2. The Meridian City Council takes judicial notice of its Unified Development Code codified at
Title 11 Meridian City Code, and all current zoning maps thereof. The City of Meridian has, by
ordinance, established the Impact Area and the Amended Comprehensive Plan of the City of
Meridian, which was adopted April 19, 2011, Resolution No. 11-784 and Maps.
3. The conditions shall be reviewable by the City Council pursuant to Meridian City Code § 11-5A.
4. Due consideration has been given to the comment(s) received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction.
5. It is found public facilities and services required by the proposed development will not impose
expense upon the public if the attached conditions of approval are imposed.
6. That the City has granted an order of approval in accordance with this Decision, which shall be
signed by the Mayor and City Clerk and then a copy served by the Clerk upon the applicant, the
Community Development Department, the Public Works Department and any affected party
requesting notice.
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0010 - 2 -
7. That this approval is subject to the Conditions of Approval all in the attached Staff Report for the
hearing date of May 2, 2017, incorporated by reference. The conditions are concluded to be
reasonable and the applicant shall meet such requirements as a condition of approval of the
application.
C. Decision and Order
Pursuant to the City Council’s authority as provided in Meridian City Code § 11-5A and based upon
the above and foregoing Findings of Fact which are herein adopted, it is hereby ordered that:
1. The applicant’s request for rezone is hereby approved per the Staff Report for the hearing date
of May 2, 2017, attached as Exhibit A.
D. Notice of Final Action and Right to Regulatory Takings Analysis
1. The Applicant is hereby notified that pursuant to Idaho Code 67-8003, denial of a development
application entitles the Owner to request a regulatory taking analysis. Such request must be in
writing, and must be filed with the City Clerk not more than twenty-eight (28) days after the
final decision concerning the matter at issue. A request for a regulatory takings analysis will
toll the time period within which a Petition for Judicial Review may be filed.
2. Please take notice that this is a final action of the governing body of the City of Meridian.
When applicable and pursuant to Idaho Code § 67-6521, any affected person being a person
who has an interest in real property which may be adversely affected by the final action of the
governing board may within twenty-eight (28) days after the date of this decision and order
seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
E. Attached: Staff Report for the hearing date of May 2, 2017
By action of the City Council at its regular meeting held on the C day of
2017.
COUNCIL PRESIDENT KEITH BIRD VOTED /k4
COUNCIL VICE PRESIDENT JOE BORTON VOTED X 74'
COUNCIL MEMBER ANNE LITTLE ROBERTS VOTED ---
COUNCIL MEMBER TY PALMER VOTED
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COUNCIL MEMBER LUKE CAVENER VOTED Y
COUNCIL MEMBER GENESIS MILAM VOTED
MAYOR TAMMY de WEERD VOTED
(TIE BREAKER)
Mayor Tam de eerd
QO�PjED AUGVSr'
Attest: oe-
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City Clerk
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Copy served upon Applicant, Community Development Department, Public Works Department and City
Attorney.
By: G • S'� y 60 Dated: �� ` 7 l
City Cleric's Office
CITY OF MERIDIAN FINDINGS OF FACT, CONCLUSIONS OF LAW AND DECISION & ORDER
FILE NO(S). H-2017-0010 - 3 -
EXHIBIT A
Oaks South – RZ H-2017-0010 PAGE 1
STAFF REPORT Hearing Date: May 2, 2017
TO: Mayor & City Council
FROM: Sonya Allen, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Oaks South – RZ (H-2017-0010)
I. SUMMARY DESCRIPTION OF APPLICANT’S REQUEST
The applicant, Thomas Coleman, has submitted an application for rezone (RZ) of 0.005 acre from L-
O to R-8; 0.001 acre from L-O to R-15; 0.04 acre from R-15 to L-O; 0.22 acre from R-15 to R-8; 0.19
acre from R-15 to R-4; 0.31 an acre from R-8 to R-4; and 0.07 acre from R-4 to the R-8 zoning
district.
II. SUMMARY RECOMMENDATION
Staff recommends approval of the proposed RZ application in accord with the Findings of Fact and
Conclusions of Law in Exhibit D.
The Meridian Planning & Zoning Commission heard this item on April 6, 2017. At the public
hearing, the Commission moved to recommend approval of the subject RZ request.
a. Summary of Commission Public Hearing:
i. In favor: Travis Jeffers, JUB Engineers
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Kristi Watkins, JUB Engineers (response to the staff report)
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
i. None
c. Key Issues of Discussion by Commission:
i. None
d. Commission Change(s) to Staff Recommendation:
i. None
e. Outstanding Issue(s) for City Council:
i. None
The Meridian City Council heard this item on May 2, 2017. At the public hearing, the Council
approved the subject RZ request.
a. Summary of City Council Public Hearing:
i. In favor: Travis Jeffers, JUB Engineers
ii. In opposition: None
iii. Commenting: None
iv. Written testimony: Kristi Watkins, JUB Engineers (in agreement with staff report)
v. Staff presenting application: Sonya Allen
vi. Other staff commenting on application: None
b. Key issue(s) of Public Testimony:
EXHIBIT A
Oaks South – RZ H-2017-0010 PAGE 2
i. None
c. Key Issues of Discussion by Council:
i. None
di. Key Council Changes to Staff/Commission Recommendation
i. None
III. PROPOSED MOTION
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-
0010, as presented in the staff report for the hearing date of May 2, 2017, with the following
modifications: (Add any proposed modifications).
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0010,
as presented during the hearing on May 2, 2017, for the following reasons: (You should state specific
reasons for denial)
Continuance
I move to continue File Number H-2017-0010 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 generally located south of W. McMillan Road and east of N. McDermott Road, in the
NW ¼ of Section 33, Township 4N., Range 1W. (Parcel No.: S0433212510)
B. Owner:
Thomas Coleman, New Oaks, LLC
3103 W. Sheryl Dr., Ste. 100
Meridian, ID 83642
C. Applicant:
Same as Owner
D. Representative:
Kristi Watkins, JUB Engineers, Inc.
250 S. Beechwood Ave., Ste. 201
Boise, ID 83709
E. Applicant's Statement/Justification: Please see applicant’s narrative for this information.
V. PROCESS FACTS
A. The subject application is for a rezone. A public hearing is required before the Planning & Zoning
Commission and City Council on this matter, consistent with Meridian City Code Title 11,
Chapter 5.
B. Newspaper notifications published on: March 17, 2017 (Commission); April 14, 2017 (City
Council)
C. Radius notices mailed to properties within 300 feet on: March 9, 2017 (Commission); April 7,
2017 (City Council)
EXHIBIT A
Oaks South – RZ H-2017-0010 PAGE 3
D. Applicant posted notice on site(s) on: March 17, 2017 (Commission); April 22, 2017 (City
Council)
VI. LAND USE
A. Existing Land Use(s) and Zoning: This property is within the Oaks South project which is
currently in the development process, zoned R-4, R-8, R-15 and L-O.
B. Character of Surrounding Area and Adjacent Land Use and Zoning: Not applicable (NA)
C. History of Previous Actions: This property was annexed (AZ-13-008) into the City and
preliminary platted (PP-13-013) in 2013. Five final plat applications (FP-14-025; FP-14-028; H-
2015-0038; H-2016-0020; H-2016-0127) have been approved so far for this development.
D. Utilities: NA
E. Physical Features:
1. Canals/Ditches Irrigation: NA
2. Hazards: NA
3. Flood Plain: NA
VII. COMPREHENSIVE PLAN
The subject property is designated Medium Density Residential (MDR) on the Future Land Use Map
(FLUM) contained in the Comprehensive Plan.
MDR designated areas allow smaller lots for residential purposes within City limit s. Uses may
include single-family homes at gross densities of 3 to 8 dwelling units per acre (d.u./acre).
VIII. UNIFIED DEVELOPMENT CODE (UDC)
A. Purpose Statement of Zone(s):
The purpose of the Commercial Districts is to provide for the retail and service needs of the
community in accord with the Meridian Comprehensive Plan. Six districts are designated which
differ in the size and scale of commercial structures accommodated in the district, the scale and
mix of allowed commercial uses, and the location of the district in proximity to streets and
highways.
The purpose of the residential districts is to provide for a range of housing opportunities
consistent with the Meridian comprehensive plan. Residential districts are distinguished by the
allowable density of dwelling units per acre and corresponding housing types that can be
accommodated within the density range (UDC 11-2A-1).
B. Dimensional Standards of Zone(s):
UDC Table 11-2B-3 lists the dimensional standards in the L-O zoning district.
UDC Tables 11-2A-5, 11-2A-6 and 11-2A-7 list the dimensional standards for the R-4, R-8 and
R-15 zoning districts respectively.
C. Schedule of Use:
UDC Table 11-2B-3 lists the principal permitted (P), accessory (A), conditional (C), and
prohibited (-) uses in the L-O zoning district. Any use not explicitly listed is prohibited.
EXHIBIT A
Oaks South – RZ H-2017-0010 PAGE 4
UDC Tables 11-2A-5, 11-2A-6 and 11-2A-7 list the principal permitted (P), accessory (A),
conditional (C), and prohibited (-) uses in the R-4, R-8 and R-15 zoning districts respectively.
Any use not explicitly listed is prohibited.
D. Landscaping: NA
E. Off-Street Parking: NA
F. Structure and Site Design Standards: NA
IX. ANALYSIS
At the request of Staff, the applicant submitted the subject rezone application to “clean up” the
existing zoning in the Oaks South development so that the zoning coincides with the lot
configurations shown on approved and future final plats. This will eliminate lots having irregular and
dual zoning.
The rezone is for 0.005 acre from L-O to R-8; 0.001 acre from L-O to R-15; 0.04 acre from R-15 to
L-O; 0.22 acre from R-15 to R-8; 0.19 acre from R-15 to R-4; 0.31 an acre from R-8 to R-4; and 0.07
acre from R-4 to the R-8 zoning district. The proposed zoning is consistent with the MDR FLUM
designation in the Comprehensive Plan.
The legal descriptions submitted with the application, included in Exhibit C, show the boundaries of
the properties proposed to be rezoned.
Staff recommends approval of the proposed rezone request for this site in accord with the findings
contained in Exhibit D.
X. EXHIBITS
A. Vicinity/Zoning Map
B. Agency & Department Comments
C. Legal Descriptions & Exhibit Maps for Rezone Boundaries
D. Required Findings from Unified Development Code
EXHIBIT A
- 2 -
A. Drawings
1. Vicinity/Zoning Map
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Fivemile Cre
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k
E i g htmile Lateral
WestTapSublat
e
r
a
l
West Tap
Sublateral
W
e
s
t
T
a
p
S
u
b
l
a
t
e
r
a
l
Eightmile Lateral
WestTapSublateral
Fivemile Creek Feeder
Sky Pilot Drain
R
utle
d
g
e
L
a
t
e
r
al
W e s t TapSublateral
West Tap Sublateral
Fivemile Creek
EXHIBIT A
- 3 -
B. EXHIBIT B - AGENCY & DEPARTMENT COMMENTS
1. PLANNING DIVISION
1.1 The Planning Division is in support of the proposed request.
2. PUBLIC WORKS DEPARTMENT
2.1 The Public Works Departments has no comments on this application.
3. POLICE DEPARTMENT
3.1 The Police Department has no comments on this application.
4. FIRE DEPARTMENT
4.1 The Fire Department had no comments on this application.
5. REPUBLIC SERVICES
5.1 Republic Services has no comments on this application.
6. PARKS DEPARTMENT
6.1 The Park’s Department has no comments on this application.
7. ADA COUNTY HIGHWAY DISTRICT
7.1 ACHD has no comments on this application.
EXHIBIT A
- 4 -
C. Legal Descriptions & Exhibit Maps for Rezone Boundaries
EXHIBIT A
- 5 -
EXHIBIT A
- 6 -
EXHIBIT A
- 7 -
EXHIBIT A
- 8 -
EXHIBIT A
- 9 -
EXHIBIT A
- 10 -
EXHIBIT A
- 11 -
EXHIBIT A
- 12 -
EXHIBIT A
- 13 -
EXHIBIT A
- 14 -
EXHIBIT A
- 15 -
EXHIBIT A
- 16 -
EXHIBIT A
- 17 -
EXHIBIT A
- 18 -
D. Required Findings from Unified Development Code
1. Rezone Findings:
Upon recommendation from the Commission, the Council shall make a full investigation
and shall, at the public hearing, review the application. In order to grant an annexation, the
Council shall make the following findings:
a. The map amendment complies with the applicable provisions of the Comprehensive
Plan;
The proposed map amendment complies with the applicable provisions of the Comprehensive
Plan as required (see section VII above for more information).
b. The map amendment complies with the regulations outlined for the proposed district,
specifically the purpose statement;
The City Council finds that the proposed map amendment is consistent with the purpose
statement for the residential and commercial districts as detailed in Section VIII above.
c. The map amendment shall not be materially detrimental to the public health, safety,
and welfare;
The City Council finds that the proposed zoning map amendment will not be detrimental to
the public health, safety, or welfare. City utilities will be extended at the expense of the
applicant.
d. The map amendment shall not result in an adverse impact upon the delivery of services
by any political subdivision providing public services within the City including, but not
limited to, school districts; and,
The City Council finds that the proposed zoning amendment will not result in any adverse
impact upon the delivery of services by any political subdivision providing services to this
site.
e. The annexation is in the best of interest of the City (UDC 11-5B-3.E).
This finding is not applicable as the subject application is for a rezone.
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 6E
PROJECT NUMBER: H-2017-0036
ITEM TITLE: Tree Farm Subdivision No. 1
Final Order for Tree Farm Subdivision No. 1 (H-2017-0036) by M3 Companies, LLC
Located North of Chinden Boulevard, South of the Phyllis Canal and Approximately a
1/2 Mile East of N. Black Cat Road
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
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TREE FARM SUBDIVISION NO. 1 – FP H-2017-0036
Page 1 of 3
BEFORE THE MERIDIAN CITY COUNCIL
HEARING DATE: MAY 2, 2017
IN THE MATTER OF THE
REQUEST FOR FINAL PLAT
CONSISTING OF FIFTY ONE (51)
BUILDING LOTS AND TWO (2)
COMMON LOTS ON 19.89 ACRES
OF LAND IN THE R-8 ZONING
DISTRICT FOR TREE FARM
SUBDIVISION NO. 1.
BY: M3 COMPANIES, LLC
APPLICANT
)
)
)
)
)
)
)
)
)
)
)
)
)
CASE NO. H-2017-0036
ORDER OF CONDITIONAL
APPROVAL OF FINAL PLAT
This matter coming before the City Council on May 3, 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 TREE FARM SUBDIVISION NO. 1,
LOCATED IN THE WEST ½ OF THE SOUTHWEST ¼ OF SECTION 22,
TOWNSHIP 4 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF
MERIDIAN, ADA COUNTY, IDAHO, 2017, HANDWRITTEN DATE: March
24, 2017, by CODY M. MCCAMMON, PLS, SHEET 1 OF 8,” is conditionally
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TREE FARM SUBDIVISION NO. 1 – FP H-2017-0036
Page 2 of 3
approved subject to those conditions of 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 May 3, 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 Mark Tate, 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
14-1611 '2017.
oepJEDAUG S ayor, C' y Meridian
Attest: o"eo r�
City or
EIDIAN�--
IDAHQ
C. ay Cole x� SEAL41
Ci Clerk
day of
Copy served upon the Applicant; Planning and Development Services Divisions of the
Community Development Department and City Attorney.
By: • -�� I, ce) Dated: 5V l 7 / D�j�
ORDER OF CONDITIONAL APPROVAL OF FINAL PLAT
FOR TREE FARM SUBDIVISION NO. I — FP H-2017-0036
Page 3 of 3
Exhibit A
Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 1
STAFF REPORT
MEETING DATE: May 2, 2017
TO: Mayor and City Council
FROM: Josh Beach, Associate City Planner
208-884-5533
Bruce Freckleton, Development Services Manager
208-887-2211
SUBJECT: Tree Farm Subdivision No. 1 (H-2017-0036)
I. APPLICATION SUMMARY
The applicant, M3 Companies, LLC, has applied for final plat (FP) approval of fifty one (51) single-
family residential building lots, two (2) common driveway lots and nine (9) common lots on
approximately 19.89 acres of land in the R-8 zoning district.
II. STAFF RECOMMENDATION
Staff recommends approval of the Tree Farm Subdivision No. 1 final plat application subject to the
conditions noted in Sections VI and VII 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-2017-0036 as presented in the staff report for the hearing date of
May 2, 2017, with the following modifications: (Add any proposed modifications.)
Denial
I move to deny File Number H-2017-0036, as presented during the hearing on May 2, 2017, for the
following reasons: (You should state specific reasons for denial.)
Continuance
I move to continue File Number H-2017-0036 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 4740 W. Chinden Blvd., in the SW ¼ of Section 22, Township 4N., Range
1W.
B. Owners:
Drew Eggers
2256 N. Waggle Place
Meridian, ID 83646
C. Applicant:
M3 Companies, LLC, (Mark Tate)
1087 W. River Street, Suite 310
Boise, ID 83702
Exhibit A
Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 2
D. Agent:
JUB Engineers (Kristi Watkins)
250 S. Beechwood Ave. Suite 201
Boise, ID 83709
V. STAFF ANALYSIS
The proposed final plat depicts fifty one (51) single-family residential building lots, 2 common
driveway lots and nine (9) common lots on 19.89 acres of land, zoned R-8. All of the lots proposed
for this phase of development are for single-family detached homes and comply with the dimensional
standards of the R-8 zoning district. This phase contains 3.5 acres of open space, which constitutes
17.59% of this phase, and 56% of the required 6.15 acres of open space for the entire development.
Staff has reviewed the proposed final plat for substantial compliance with the approved preliminary
plat. Because the number of buildable lots and common open space is the same, staff deems the final
plat to be in substantial compliance with the approved preliminary plat as required by UDC11-6B-
3C.2.
VI. SITE SPECIFIC CONDITIONS
1. Applicant shall meet all terms of the approved annexation (AZ-06-004 and AZ-06-050), rezone
and preliminary plat (H-2016-0128 and development agreement (#MDA-10-004, Inst. No.
110059432).
2. The applicant has until February 22, 2019 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. The final plat prepared by JUB Engineers, dated March 24, 2017 by Cody M. McCammon shall
be revised as follows:
Include the instrument # for note #10 referencing the ACHD license agreement instrument
number.
Include the instrument # for easement note #7 referencing the ACHD right-of-way easement
instrument number.
Include the instrument # for easement note #8 referencing the ACHD storm drain easement
instrument number.
Include the development agreement # for the development in note #5.
5. The landscape plan prepared by Greey, Pickett Landscape Architecture, dated 1/28/2016 shall be
revised to show the landscaped are specific to this phase of the development.
6. The applicant shall construct all proposed fencing and/or any fencing required by the UDC,
consistent with the standards as set forth in UDC 11-3A-7.
7. Future homes/structures constructed in this subdivision shall substantially comply with the
sample elevations approved with the preliminary plat.
8. Staff’s failure to cite specific ordinance provisions or conditions from th e preliminary plat does
not relieve the Applicant of responsibility for compliance.
9. Prior to the issuance of any new building permit, the property shall be subdivided in accordance
with the UDC.
Exhibit A
Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 3
10. Prior to signature of the final plat by the City Engineer, th e 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, Sue Prescott, at 887-1620 for more information.
VII. GENERAL REQUIREMENTS
1. 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 materials shall be used in
conformance of City of Meridian Public Works Departments Standard Specifications.
2. Water service to this site will be via United Water.
3. Street signs are to be in place, sanitary sewer and water system shall be approved and activated,
fencing installed, drainage lots constructed, road base approved by the Ada County Highway
District (ACHD) and the Final Plat for this subdivision shall be recorded, prior to applying for
building permits.
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. 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. Please contact Land Development Service for more information at 887-2211.
8. All development improvements, including but not limited to sewer, water, fencing, pressurized
irrigation and landscaping shall be installed and approved prior to obtaining certificates of
occupancy, or as otherwise allowed by UDC 11-5C-1.
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 11-12-3H.
Exhibit A
Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 4
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.
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. 100 Watt and 250 Watt, high-pressure sodium street lights shall be required on all public
roadways per the City of Meridian Improvement Standards for Street Lighting. All street lights
shall be installed at developer’s expense. Final design shall be submitted as part of the
development plan set for approval, which must include the location of any existing street lights.
Street lighting is required at intersections, corners, cul-de-sacs, and at a spacing that does not
exceed that outlined in the Standards. The contractor’s work and materials shall conform to the
ISPWC and the City of Meridian Supplemental Specifications to the ISPWC.
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, 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.
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 Engineering Department at
(208)898-5500 for inspections of disconnection of services. Wells may be used for non-domestic
purposes such as landscape irrigation if approved by Idaho Department of Water Resources
Contact Robert B. Whitney at (208)334-2190.
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 Central District Health for abandonment procedures and
inspections (208)375-5211.
23. The City of Meridian requires that pressurized irrigation systems be supplied by a year-round
source of water (MCC 12-13-8.3). The applicant should be required to use any existing surface or
well water for the primary source. If a surface or well source is not available, a single-point
connection to the culinary water system shall be required. If a single-point connection is utilized,
Exhibit A
Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 5
the developer will be responsible for the payment of assessments for the common areas prior to
signature on the final plat by the City Engineer.
V. EXHIIBITS
A. Vicinity Map
B. Approved Preliminary Plat
C. Proposed Final Plat
D. Proposed Landscape Plan
Exhibit A
Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 6
Exhibit A – Vicinity Map
Exhibit A
Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 7
Exhibit B – Approved Preliminary Plat
Exhibit A
Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 8
Exhibit C – Proposed Final Plat
Exhibit A
Tree Farm Subdivision No. 1 (H-2017-0036) PAGE 9
Exhibit D –Proposed Landscape Plan
1
Joshua Beach
From:Mark Tate <MTate@m3companiesllc.com>
Sent:Friday, April 28, 2017 12:26 PM
To:Joshua Beach; Barbara Shiffer; C.Jay Coles; Charlene Way; Machelle Hill
Subject:RE: Tree Farm FP No. 1
Josh,
I have reviewed the staff report and have no objections after our subsequent email conversation. Thanks to everyone
for their timely processing of this application.
Thanks,
Mark Tate
General Manager
M3 Companies
1087 W. River Street
Suite 310
Boise, ID 83702
208.939.6263 Phone
208.939.6752 Fax
E-mail: mtate@m3companiesllc.com
CONFIDENTIALITY NOTICE: This electronic transmission and any attachment are the confidential property of the sender, and the materials are privileged
communications intended solely for the receipt, use, benefit, and information of the intended recipient indicated above. If you are not the intended recipient, you
are hereby notified that any review, disclosure, copying, distribution, or the taking of any other action in reliance on the contents of this electronic transmission is
strictly prohibited, and may result in legal liability on your part. If you have received this e-mail in error, please notify The M3 Companies immediately by telephone
at (208) 939-6263, by facsimile at (208) 939-6752 or by e-mail directly to the sender, and destroy this electronic transmission. E-mail cannot be guaranteed to be
secure or error-free as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses. The sender does not have liability
for any errors or omissions in the contents of this message, which arise as a result of e-mail transmission.
From: Joshua Beach [ mailto:jbeach@meridiancity.org ]
Sent: Friday, April 28, 2017 8:47 AM
To: Mark Tate < MTate@m3companiesllc.com >; Barbara Shiffer < bshiffer@meridiancity.org >; C.Jay Coles
<cjcoles@meridiancity.org >; Charlene Way < cway@meridiancity.org >; Machelle Hill < mhill@meridiancity.org >
Subject: Tree Farm FP No. 1
Mark - Please submit a written response to the staff report to the City Clerk’s office
(cjcoles@meridiancity.org , mhill@meridiancity.org ) and myself (e-mail or fax) by 3:00 pm the Thursday prior
to the meeting. As long as we have concurrence by the end of the business day today (Friday April 28,
2017), we can get this on the consent agenda for Tuesday’s Council meeting.
If you are in agreement with the conditions of approval contained in the staff report and you submit a
written response accordingly by Thursday at 3:00 pm, your item will be placed on the consent agenda;
consent agenda items are passed in one motion by the Council at the beginning of the meeting. Note: If you
are in agreement with the staff report, it is still recommended you attend the meeting in the event the
item is pulled off of the consent agenda.
2
If you do not respond to the staff report by Thursday, or if you have concerns with the conditions of
approval, your project will be placed on the regular agenda.
Josh Beach | Associate City Planner
City of Meridian | Community Development Department
33 E. Broadway Ave., Meridian, Idaho 83642
Phone: 208-489-0576
Built for Business, Designed for Living
www.opportunitymeridian.org
All e-mail messages sent to or received by City of Meridian e-mail accounts are subject to the Idaho law,
in regards to both release and retention, and may be released upon request, unless exempt from disclosure by law.
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 6
PROJECT NUMBER: H-2017-0056
ITEM TITLE: Paisley Meadows No. 2
Final Plat for Paisley Meadows No. 2 (H-2017-0056) by Hayden Homes Idaho, LLC
Located 2180 E. Amity 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
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 6G
PROJECT NUMBER: H-2017-0051
ITEM TITLE: Hill's Century Farm Commercial No. 1
Final Plat for Hill's Century Farm Commercial No. 1 (H-2017-0051) by Century Farm
Development, LLC Located 1/2 Mile East of S. Eagle Road on South of E. Amity Road
MEETING NOTES
9 WIDIED
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: May 16, 2017 ITEM NUMBER: 6H
PROJECT NUMBER:
ITEM TITLE: Southern Highlands No. 3
Southern Highlands No. 3 Water and Sewer Easement
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
ADA COUNTY RECORDER Christopher D. Rich 2017-044124
BOISE IDAHO Pgs=5 VICTORIA BAILEY 05/17/2017 12:06 PM
CITY OF MERIDIAN, IDAHO NO FEE
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this day of , 20Lbetween �Vq lYl� 8 UYt�Ran�t jiL,, the
parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County,
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of sanitary
sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
Sanitary Sewer and Water Main Easement REV. 08/15/16
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of-way and easement hereby granted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
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STATE OF IDAHO )
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On this I D day of--MON."t , 20�1, before me, the undersigned, allotary
Public in and for said State, personally appeared Craw" t N • -ItUAA-le-y- al d
known or identified to me to be the r tAAVttv
Sect ary, respectively, of the corporation that executed the within instrument, and .•ii
acknowledged to me that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
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GRANTEE: CITY OF MERIDIAN
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STATE OF IDAHO, )
. ss.
County of Ada )
On this day of� (a , 2Qjt before me, the undersigned, a Notary
Public in and for said State, pers lly appeared Tammy de Weerd and C.Jay Coles, known to
me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
040 6,094446 0
NOTARY PUBLIC FOR I AHO
Residing at:
Commission Expires: S-A3-Q6_a
OF
Sanitary sewer and Water Main Easement REV, 08/15/16
EXHIBIT "k))
DESCRIPTION FOR
CITY OF MERIDIAN SEWER EASEMENT
SOUTHERN HIGHLANDS SUBDIVISION NO. 3
A utility easement located in the N1/2 of Section 32, T.3N., R.IE., B.M., City of Meridian,
Ada County, Idaho more particularly described as follows:
Commencing at the C -N 1116 corner from which the NW1/16 bears North 89°44'45"
West, 1335.96 feet;
thence South 34°20'13" East, 1,407.10 feetto the REAL POINT OF BEGINNING;
thence South 41 °01'42" East, 107.90 feet;
thence South 00000'49" West, 30.46 feet;
thence North 41 °01'42" West, 129.08 feet;
thence 20.10 feet along the arc of a non -tangent curve to the left, said curve having a
radius of 119.00 feet, a central angle of 09040'48" and a long chord of 20.08 feet which bears
North 43049'45" East to the REAL POINT OF BEGINNING.
NW 1/16 BASIS OF BEARING
N89'44'45"W 1335.96'
C -N 1/16
SEC 32 SEC 32
U
ll gyp,
O
REAL POINT
OF BEGINNING
Q
0
BLOCK 4
1�t
SO'00'49"W
it 30.46'
I
CURVE TABLE
CURVEI RADIUS
LENGTH
CHORD
CHORD BRG.
DELTA
Cl 1 119.00
20,10
20.08
N 43'49'45" E
9'40'48"
25 100
05 50 150 (/ 0
SCALE: 1" = 50' N� 3ll�J« 729 �0
0
Y G.
S:V50 Ptopcis\Sky Meso 15—WO\dug\iApr7dtomeae:fXB.dw9 5/20/2018 1.25 41 P11 MD7
EXHIBIT "g' DRAWING JOB NO,
I DAH O 18-025
1460 SUITE1WATERTOWERST. CITY OF MERIDIAN SEWER EASEMENT SHEET NO,
MERIDI30AN, IDAHO 838A2
SURVEY SOUTHERN HIGHLANDS SUBDIVISION NO. 3 1
MERIDIAN.
(20D)846.8570
GROUP, P.C. LOCATED IN THE N 1/2 SECTION 32, T.3N., 0,1E„ B.M., DWG, DATE
CITY OF MERIDIAN, ADA COUNTY, IDAHO 3/18/17
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER:
PROJECT NUMBER:
ITEM TITLE:
Linder 4 Plex Sewer and Water Main Easement
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
ADA COUNTY RECORDER Christopher D. Rich 2017-044125
BOISE IDAHO Pgs=6 VICTORIA BAILEY 05/17/2017 12:06 PM
CITY OF MERIDIAN, IDAHO NO FEE
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this 16 day of IL61 , 20-7between �3 l ►� v s� wi ew�5 L P, the
parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County,
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH;
WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be. provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of sanitary
sewer and water mains over and across the following described property:
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water plains and their allied facilities, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the free right of access to such facilities
at any and all times,
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
inaintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
Sanitary Sewer and Water Main Easement REV, 08/15/16
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of-way and easement hereby granted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR:
CSI/ r/
Pt�ei�lerrt~ wti��
Address
Secretary
STATE OF IDAHO )
) ss
County of Ada )
On this —�l day of v 1 t , 2011, before me, the -undersigned, a Notary
Public in and f r said State, personally appeared ' S&yyuc4,�— and
, 1cno n or identified to me to be the .Vr � ident arid,
"�, respectively, of the —Get=h4* r t- that executed the within ms�trunZent, and
acknowledged to me that such corporation executed the same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist aboye,WI-IMn.
a
°
PBLIC FOR IDAHO
0 O q s
0 0 V ° .l �
o x Residing at:
r� o q v°` Commission Expires: l
"1111,14##8T
e Irv,
v, 0 t%t111
Sanitary Sewer and Water Main Easement REV, 08/15/16
GRANTEE: CITY OF MERIDIAN Qo�P��o AUGUST' rg�
0
OQ
� Cily of
Tam>ny e Weer ayor
/S�cS�TER o/ ihe'tR�PyJ
Attest y C.Ja Coles, City Cleric
Approved By City Council On: 5/ l 6 / )2/7
STATE OF IDAHO, )
. ss.
County of Ada )
On thisP day of t A , A% before me, the undersigned, a Notary
Public in and for said State, persouhlly appeared Tammy de Weerd and C.Jay Coles, known to
me to be the Mayor and City Cleric, respectively, of the City of Mer'id'ian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
OJUA&TU
NOTARY PUBLIC FOR I AHO
Residing at: `T�12J'a&aAo
Commission Expires:3-,Q2-a0a9,
Sanitary Sewer and Water Main Easement REV. 08/15/16
jg,xk sawtooth Land Surveying, LLC
P: (208) 398-8104 F: (208) 398-8105
�a5�y„ LLG 2030 9. Wa5hmgton Ave., Emmett, ID 83617
EXHIBIT A
Linder 4 Plex City of Meridian Water and Sewer Legal
April 26, 2017
BASIS OF BEARINGS for this description is South 0015'18" West, between the brass cap
marking the northwest corner of Section 24 and the 5/8" rebar marking the W1/4 corner of
Section 24, both in T. 3 N., R. 1 W., B.M., Ada County, Idaho.
A parcel of land located in the NW1/4 of the NW1/4 of Section 24, T. 3 N., R. 1 W., B.M., Ada
County, Idaho, more particularly described as follows;
COMMENCING at a brass cap marking the northwest corner of said Section 24;
Thence South 0115'18" West, coincident with the westerly line of said NW1/4 of the NW1/4 of
Section 24, a distance of 496.29 feet;
Thence South 891159'42" East, 48.00 feet to the easterly right of way of S. Linder Road and the
POINT OF BEGINNING;
Thence continuing South 89159'42" East, 454.43 feet;
Thence North 0100'18" East, 96.50 feet;
Thence South 89059'42" East, 30.00 feet;
Thence South 0100'18" West, 310.50 feet;
Thence South 89059'42" East, 96.25 feet;
Thence South 0000'18" West, 30.00 feet;
Thence North 89159'42" West, 96.25 feet;
Thence South 000018" West, 30.42 feet;
Thence North 89159'42" West, 30.00 feet;
Thence North 0100'18" East, 244.42 feet;
Thence North 89159'42" West, 454.56 feet to said easterly right of way of S. Linder Road;
P:\2016\16160 -CMG LINDER 4-FLEX\Survey\Drawings\Descrlptions\16160-CITY WATER AND SEWER LEGAL.docx
Page 11
Thence North 0115'18" East, coincident with said easterly right of way of S. Linder Road, 30.00
feet to the POINT OF BEGINNING.
Thence above described parcel contains 0.63 acres more or less.
EN
Carl Porter PLS Date
End Description
q
OF
P car
P;\2016\16160 -CMG LINDER 4-PLEX\Survey\Drawings\Descriptions\16160-CITY WATER AND SEWER LEGAL.docx
I's9c I2
P ROFFd`
"TI v g GNDER ROAD s 00.15'16' w 496,29'
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W14:
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 6,J
PROJECT NUMBER:
ITEM TITLE:
Gemstone Building Water Main Easement
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
ADA COUNTY RECORDER Christopher D. Rich 2017-044126
BOISE IDAHO Pgs=5 VICTORIA BAILEY 05/17/2017 12:09 PM
CITY OF MERIDIAN, IDAHO NO FEE
WATER MAIN EASEMENT
/ t.• L, i- T
,
THIS INDENTURE, made this � day of�?� yy , 20 between lLyi�n .Znvesone46 ,
the parties of the first part, and hereinafter called the GRANTORS, and the City of Meridian, Ada
County, Idaho, the party of the second part, and hereinafter called the GRANTEE;
WITNESSETH:
WHEREAS, the GRANTORS desire to provide a water main right-of-way across the
premises and property hereinafter particularly bounded and described; and
WHEREAS, the water main is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain, service and subsequently connect to said
pipeline fi-om time to time by the GRANTEE;
NOW, THEREFORE, in consideration of the benefits to be received by the GRANTORS,
and other good and valuable consideration, the GRANTORS do hereby give, grant and
convey unto the GRANTEE the right-of-way for an easement over and across the following
described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a water I ine
and their allied facilities, together with their maintenance, repair, replacement and
subsequent connection at the convenience of the GRANTEE, with the free right of access to
such facilities at any and all times,
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said GRANTEE,
it's successors and assigns forever,
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after malting repairs, performing maintenance, replacements or subsequent connections
to the water mains, GRANTEE shall restore the area of the easement and adjacent property
to that existent prior to undertaking such procedures. However, GRANTEE shall not be
responsible for repairing, replacing or restoring anything placed within the area described in
this easement that was placed there in violation of this casement.
Water Main Easement
REV. 08/15/16.doc
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the GRANTEE that should any pant of
the right-of-way and easement hereby granted shall become part of, or lie within the
boundaries of any public street, then, to such extent, such right-of-way and easement hereby
granted which lies within such boundary thereof or which is a part thereof, shall cease and
become null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the GRANTEE that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
m' -ZA
GRANTOR: - A t.
Address
STATE OF IDAHO )
. ss.
County of Ada )
On this day of irk P(I ` , 20, before me, the undersigned, a Notary
Public in and for said State, personally appeared and
rw..c � (A-&eV'56�-, , known or identified to me to be the President and
Secretary, respectively, of the corporation that executed the within instrument, and
acknowledged to the that such corporation executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and Year first above written. _
DANIELLE SUTTON
p1@@ r iiP�� blic NOTARY PUBLIC FOR IDAHO
S`C oiaho
Residing at:
Commission Expires: I t
Water Main Easement REV. 08/15/16.doc
GRANTEE: CITY OF MERIDIAN o�Qp4PtE11 AUG�STr
V ow
(Ity or
Tammy de Wee , agar--- E IDIAN�--
y� SEAL
o/the 7REP5v��
Attest C,Ja oles, City Cleric //
Approved By City Council On:
l�e Z l7
STATE OF IDAHO, )
: ss
County of Ada )
On this t t0 . day of M , 20 L"L, before me, the undersigned, allotary
Public in and for said State, persavMly appeared Tammy de Weerd and C,Jay Coles, known
to me to be the Mayor and City Cleric, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
•0004406•
0 ``�/ �•
M ` I •
OV
I (�ho 41" hb�L
NOTARY PUBM FOR IDAHO
Residing at; 'L
Commission Expires: 3 -92 ' a d as
Water Main Easement REV. 08/15/16,doo
TEALEY"S LAND 12594 W. Explorer Drive: Suite 150 ° Boise, Idaho 83713
L
SURVEYING (208) 385-0636
Fax (208) 385-0696
Project No.: 4150 EXHIBIT "A"
Date: April 6, 2017
DESCRIPTION OF
MERIDIAN WATER MAIN EASEMENT
FOR
SUNDANCE INVESTMENTS, LLLP
(GEMSTONE BUILDING)
A parcel of land being a portion of Lots 10 and 11 of Block 2 of Silverstone Campus
Subdivision as on file in Book 89 of Plats at Pages 10295 through 10299 in the Office of the
Recorder for Ada County, Idaho, said parcel being situated in the NW 1/4 of Section 21, T.3N.,
R.1E., B.M., Meridian, Ada County, Idaho and more particularly described as follows:
COMMENCING at the North 1/4 corner of said Section 21, marked by a brass cap; thence
along the East line of said NW 1/4
South 00011'32" West 1287.46 feet to a point on the centerline of East Pewter Falls Street;
thence leaving said East line, along said centerline
North 89048'39" West 608.70 feet to a point on the extension of the line common to said Lot
10 and said Lot 11; thence leaving said centerline, along said extension
North 00°00'00" West 27.00 feet to the Southeast corner of said Lot 10, the POINT OF
BEGINNING, marked by an iron pin; thence along the South line of said Lot 10
North 89048'39" West 28.00 feet to a point; thence at right angles
North 00°11'21" East 17.00 feet to a point; thence along a line parallel with said South line
South 89048'39" East 54.00 feet to a point; thence at right angles
South 00°11'21" West 17.00 feet to a point on the South line of said Lot 11; thence along
said South line
North 89048'39" West 26.00 feet to the POINT OF BEGINNING
Said Parcel Contains 918 Square Feet, more or less.
4150-Water-Ease-Desc.docx dw Page 1 of 1
EXHIBIT "B"
CITY OF MERIDIAN WATER EASEMENT
FOR SUNDANCE INVESTMENTS, LLLP
(GEMSTONE BUILDING)
IN LOTS 10 & II, BLOCK 2,
SILVERSTONE CAMPUS SUBDIVISION
A PORTION OF THE NW 1/4 Or SECTION 21
T.3N., R.IE., B.M.,
MERIDIAN, ADA COUNTY, IDAHO
0 20 40 80
JL
SCALV IN FERT
I" = 401
E. OVERLAND ROAD /6
N 1/4 COR. 2!
SECT. 21
PROPOSED GEMSTONE BUILDING
PARCEL A, R.O.S. #/0828
375'0 E: PEWTER PALLS ST.
(— F-
I I I I
LOT /0
N 00 ° 11'21" E
17.00' -,
PARCEL A 1 II
R.O.S. #10828�
0 //'
Bt,acK
S 89048'39" E 54.00'
28.00' '
N 89'48'39" W
MI •
---11 \ 1 \ 11 Y V
CORNER OE
ID
n N
LOT u C
WA TER MAIN
EASEMENT
S 00°11'21° w
17.00' n
'N 89°48139" W 26.00'
-N 00 ° 00' 00" W 27.00'
E. PEWTER FALLS ST.
�•w a•w a•w
N 89 °48'39" W 608.70'
a�
m
i
CTR. 1/4 COR. '
SECT. 21
m
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 6K
PROJECT NUMBER:
ITEM TITLE:
Maverik Sanitary Sewer Easement No. 1
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
ADA COUNTY RECORDER Christopher D. Rich 2017-044127
BOISE IDAHO Pgs=5 VICTORIA BAILEY 05/17/2017 12:09 PM
CITY OF MERIDIAN, IDAHO NO FEE
SANITARY SEWER EASEMENT N® •
THIS INDENTURE, made this 16thday of Feb. , 20 17 between 97 Main, LLC , the
parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County,
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of a sewer
line over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a sanitary
sewer line and their allied facilities, together with their maintenance, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and
all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
Sewer Main Easement REV. 08/15/16
described for this easement, which would interfere with the use of said casement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of-way and easement hereby granted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right -or -way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the larvvful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRANTOR.
97 Main, LLC
P4*4sid t Michael N. Fery, Manager
350 N. 9th Street, Ste, 200, Boise, ID 83702
Address
Secretary
STATE OF IDAHO )
) ss
County of Ada )
On this 1 Le day of February 2017 . before me, the undersigned, a Notary
Public in and far said State, personally appeared Michael N. Fery and
, known or identified to me to be the Prc sideut-.qnd Manager
SeEretnry;- speetively, of the oarpa�aticn that executed the within instru►nent, and
acknowledged to me that such e-ovpoi;ationlexecuted the same.
*limited liability company
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year fist above written.
(SEA eRn-rANYMAt.88PIN
NOTARY PUBIJ
STATF, OF IDAHO
Server Main Easement
Gid--4---�`
NOTA l
Res' ing at: ICP IDAHO
_
Cot mission Expires. Q . ,?,() ,2
REV. 08/1 S1 16
MERIDIAN
Tammy de)#ee/d, Mayor
Attes y CV Coles, City Clerk
Approved By City Council On:, '�/
STATE OF IDAHO )
) ss
County of Ada )
On this day of H aq 20 before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and C,JA'Y COLES
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN 'WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written,
yNg
e 01W
••, TE OF
•r�rrrr�♦r•
�ha�= wm=
NOTARY PUBLIC FOR ID4HO
Residing at: ` M D 1 1U) ZD
Commission Expires:, 3 • a$ 'A0 a.),
Sewer Main Easement REV. 08/15/16
4,12-17
EXHIBIT A
Reeve
& Associates, Inc.
SEWER EASEMENT NO. 1
MERIDIAN, IDAHO
A 15 FOOT SEWER EASEMENT FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE
BEING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE I
EAST, BOISE MERIDIAN, U.S. SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT, SAID POINT BEING N89°19'47"E ALONG THE SECTION LINE, 165.40
FEET AND S00040'13"E 380.92 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 18;
THENCE S89° 19'22"E 301.85 FEET TO TIIE WESTERLY RIGHT OF WAY LINE OF MAIN
STREET AND ALSO THEPOINT OF TERMINUS. SIDES OF SAID EASEMENT TERMINATE AT
OR EXTEND TO GRANTOR'S PROPER'T'Y.
Solutions You Can Build OnTm
Civil Engineering, Land Planning. Structural Engineering. Landscape Architecture . Land Surveying. Construction Surveying
5160 S 1500 W • Riverdale, Utah 84405 . Tel: 801-621-3100 . Fax: 801-621-2666
ogden(alreeve-assoo.cons . reeve-assoc.com
EXHIBIT B
EXHIBIT MAP TO ACCOMPANY LEGAL
SEWER EASEMENT NO.
MERIDIAN, IDAHO
FOUND 3.5" ALUMINUM
CAP MONUMENT AT THE
NORTHWEST CORNER OF
SECTION 18, TOWNSHIP 3
NORTH, RANGE 1 EAST,
BOISE MERIDIAN, CP&F
#112077571
165.40' u ^^
1 -
DESCRIPTION
1
N89'19'47"E 2401.62'
— 2236.22' — —
FRANKUN ROAD
FOUND BRASS CAP
MONUMENT AT THE NORTH
QUARTER CORNER OF
SECTION 18, TOWNSHIP 3
NORTH, RANGE 1 EAST,
BOISE MERIDIAN, CP&F
#104161986
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Associates, Inc.
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Franklin Road &
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Meridian, ID
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 6L
PROJECT NUMBER:
ITEM TITLE:
Maverik Sanitary Sewer Easement No. 2
MEETING NOTES
C✓i 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
ADA COUNTY RECORDER Christopher D. Rich 2017-044128
BOISE IDAHO Pgs=5 VICTORIA BAILEY 05/17/2017 12:10 PM
CITY OF MERIDIAN, IDAHO NO FEE
SANITARY SEWER EASEMENT 140. Z
THIS INDENTURE, made this 16thday of Feb. , 20 17 between 97 Main, LLC , the
parties of the first part, and hereinafter called the Grantors, and the City of Meridian, Ada County,
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH:
WHEREAS, the Grantors desire to provide a sanitary sewer right-of-way across the premises
and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer is to be provided for through an underground pipeline to be
constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipeline from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of a sewer
line over and across the following described property:
(SEE ATTACHED EXHIBIT A and B)
The easement hereby granted is for the purpose of construction and operation of a sanitary
sewer line and their allied facilities, together with their maintenance, repair and replacement
at the convenience of the Grantee, with the free right of access to such facilities at any and
all times.
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance. However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement.
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
Sewer Main Easement REV. 08/15/16
described for this casement, which would interfere with the use of said casement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right -of --way and easement hereby granted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right -or -way and easement hereby granted
which lies within such boundary thereof or which is a part thereof, shall cease and become
nUlI and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties orthe first part (nave hereunto subscribed their
signatures the day and year First herein above written.
GRANTOR:
97 Main, LLC
P4:Osid"t Michael N. Fery, Manager
350 N. 9th Street, Ste, 200, Boise, ID 83702
Address
Secretary
STATE OF IDAHO )
) ss
County of Ada )
On this I (D clay or February , 20 17, before me, the undersigned, a Notary
Public in and for said State, personally appeared Michael N. Fery and
, known or identified to me to be the 124:csid"I-.-and. Manager
Seejetar);-+espee4ively, of the sorpGmlhmi *that executed the within instrument, and
acknowledged to nne that such eo>poMl I41executed the same.
limited liability company
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal tine day
and year fist above written.
(SEAffS�TAT
TrANYMAI.ESPIN
OTARY PUBUc;
E OF IDAHO
Sewer Main Easement
NOTA P IC h R IDAHO Res ling atr j3
Cot mission Expires: C51 0�D
REV, 08/15/16
GRANTEE: CITY OF MERIDIAN
Mayor
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of
Coles, City Clerk
Approved By City Council On: Z4
STATE OF IDAHO )
ss
County of Ada )
On this 1(D day of Maq , 20 Il, before me, the undersigned, a Notary
Public in and for said State, personally appeared TAMMY DE WEERD and C.J'AY COLES
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian executed
the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written.
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Residing at:
Commission Expires: 3 - A 2- 5Z 6- 2
Sewer Main Easement REV. 08/15/16
4-12-17
EXHIBIT A
Reeve
& .Associates, Inc.
SEWER EASEMENT NO.2
MERIDIAN, IDAHO
A I S FOOT SEWER EASEMENT FOR THE PURPOSE OF INSTALLATION AND MAINTENANCE
BEING 7.5 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
PART OF THE NORTHWEST QUARTER OF SECTION 18, TOWNSHIP 3 NORTH, RANGE I
EAST, BOISE MERIDIAN, U.S, SURVEY, DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF FRANKLIN ROAD,
SAID POINT BEING N89° 19'47"E ALONG THE SECTION LINE, 322.17 FEET AND S00°40' 13"E
5S.97 FEET FROM THE NORTHWEST CORNER OF SAID SECTION 18; THENCE S00°47'07"W
9.37 FEET; THENCE S44°19'51"W 95.94 FEET; THENCE S14°45'13"W 36.88 FEET; THENCE
N83°35'30"W 2.63 FEET TO THE POINT OF TERMINUS. SIDES OF SAID EASEMENT
TERMINATE AT OR EX'T'END TO GRANTOR'S PROPERTY,
Solutions You Can Build On'T"
Civil Engineering. Land Planning . Structural Engineering -Landscape Architecture . Land Surveying. Construction Surveying
5160 S 1500 W . Riverdale, Utah 84405 .'rel: 801-621-3100 . Fax: 801-621-2666
ogden@reeve-assoc.com . reeve-assoc.com
EXHIBIT B
EXHIBIT MAP TO ACCOMPANY LEGAL DESCRIPTION
SEWER EASEMENT NO. 2
FOUND BRASS CAP
FOUND 3.5" ALUMINUM MERIDIAN, IDAHO MONUMENT AT THE NORTH
CAP MONUMENT AT THE
NORTHWEST CORNER OF
SECTION 18, TOWNSHIP 3
NORTH, RANGE 1 EAST,
BOISE MERIDIAN, CP&F
#112077571
322.17'
5111823255
N89'19'47"E 2401.62'
FRANKUN ROAD
QUARTER CORNER OF
SECTION 18, TOWNSHIP 3
NORTH, RANGE 1 EAST,
BOISE MERIDIAN, CP&F
#104161986
Reeve
& Associates, Inc.
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Meridian, ID
ISSUE: 4-12-1i
SCALE 1"=60' PROJECT NO: 5799-431
CAD DWG FILE:
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 6M
PROJECT NUMBER:
ITEM TITLE:
Jewel Subdivision Pedestrian Pathway Easement
MEETING NOTES
C✓i 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
ADA COUNTY RECORDER Christopher D. Rich 2017-044129
BOISE IDAHO Pgs=7 VICTORIA BAILEY 05/17/2017 12:10 PM
CITY OF MERIDIAN, IDAHO NO FEE
PEDESTRIAN PATHWAY EASEMENT
THIS AGREEMENT, made and entered into this , day ofA , % , 2017, between
e `- c4 ` /i'I •+ S r° ,hereinafter referred to as "Grantor", and the City of Meridian, an Idaho
municipal corporation, hereinafter referred to as "Grantee";
WITNESSETH:
WHEREAS, Grantor is the owner of real property on portions of which the City of
Meridian desires to establish a public pathway; and
WHEREAS, the Grantor desires to grant an easement to establish a public pathway and
provide connectivity to present and future portions of the pathway; and
WHEREAS, Grantor shall construct the pathway improvements upon the easement
described herein, and
NOW, THEREFORE, the parties agree as follows:
THE GRANTOR does hereby grant unto the Grantee an easement on the following
property, described on Exhibit "A" and depicted on Exhibit "B" attached hereto and
incorporated herein.
THE EASEMENT hereby granted is for the purpose of providing a public pedestrian
pathway easement for multiple -use non -motorized recreation, with the free right of access
to such facilities at any and all times.
TO HAVE AND TO HOLD, said easement unto said Grantee, its successors and assigns
forever.
THE GRANTOR hereby covenants and agrees that it will not place or allow to be placed
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that the Grantor shall repair and maintain the pathway improvements.
Pedestrian Pathway Easement
THE GRANTOR hereby covenants and agrees with the Grantee that should any part of
the easement hereby granted become part of, or lie within the boundaries of any public
street, then, to such extent such easement hereby granted which lies within such boundary
thereof or which is a part thereof, shall cease and become null and void and of no further
effect and shall be completely relinquished.
THE GRANTOR does hereby covenant with the Grantee that it is lawfully seized and
possessed of the aforementioned and described tract of land, and that it has a good and
lawful right to convey said easement, and that it will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said Grantor has hereunto subscribed its signature the day
and year first hereinabove written.
GRANTOR: /, j '
Kt
BY; f �r,'r' , ' ✓fit /?. {. .
Its:r-arm
r
STATE OF IDAHO
ss
County of Ada )
On this _ day of 201'7, bef e me th un etsig ed, a
Notary Public m and for said S 'ate, personally ppeared
known or identified to me to be the%�P/1 �l�f' that executed the within
instrument, and acknowledged to me that such executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year fist above written.
FKINDEL JO DE LEON:]
Notary Public
State of Idaho
Pedestrian Pathway Easement
ke
N ARY I'LIC FOR IDAH
Residing at:-�.. r
Commission Expires: f -a'L~
GRANTEE: CITY OF MERIDIAN
Tammy de Wydrd, Mayor
C.Ja�,toles, City Clerk
AUGUST ;\
o�
Approved By City Council On; Jam/ l z ")911
STATE OF IDAHO )
ss.
County of Ada )
On this j (�� day of �A 6 , 2017, before me, the undersigned, a Notary
Public in and for said State, perso ally appeared TAMMY DE WEERD and C.JAY COLES,
known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and
who executed the within instrument, and acknowledged to me that the City of Meridian
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
and year first above written.
Pedestrian Pathway Easement
NOTARY PURI IC FOR IDAH
Residing at: kIi AyI) 1�
Commission Expires:3, A'9 'fid )-,;4
THE LAND GROUP, INC.
March 28, 2017
Project No. 116091
CITY OF MERIDIAN
PATHWAY EASEMENT
That portion of Parcel A according to Record of Survey No. 9885 recorded under Instrument No.
2014-069153, Ada County Records, said portion located in the Southwest Quarter of the
Southwest Quarter of Section 16, Township 3 North, Range 1 East, Boise Meridian, City of
Meridian, Ada County, Idaho, particularly described as follows:
Commencing at the Southwest Corner of said Section 16, from which the South Quarter Corner
of said Section 16 bears South 89°14'17" East, 2665.07 feet; Thence, North 3905735" East,
1177.00 feet to the northeast corner of Parcel C according to said Record of Survey; Thence,
along the common boundary line of Parcels A and C according to said Record of Survey, South
00°43'52" East, 293.81 feet to the POINT OF BEGINNING;
Thence, departing from said common line, South 61° 14'17" East, 94.26 feet to the beginning of
a curve;
Thence, along said curve to the left an arc length of 50.23 feet, having a radius of 194.88 feet, a
central angle of 14° 46' 00", a chord bearing of South 68° 37' 17" East and a chord length
of 50.09 feet;
Thence, South 76° 00' 17" East, 38.62 feet to the beginning of a curve;
The along said curve to the left an arc length of 46.48 feet, having a radius of 193.00 feet, a
central angle of 13° 4751", a chord bearing of South 82° 54' 12" East and a chord length
of 46.36 feet;
Thence, South 89° 48' 08" East, 51.88 feet to the beginning of a curve;
Thence, along said curve to the right an arc length of 68.52 feet, having a radius of 157.00 feet, a
central angle of 250 00' 16", a chord bearing of South 77° 18' 00" East and a chord length
of 67.97 feet;
Thence, South 64° 47' 52" East, 34.32 feet to the beginning of a curve;
Thence, along said curve to the left an arc length of 53.41 feet, having a radius of 193.00 feet, a
central angle of 15° 51' 25", a chord bearing of South 72° 43' 35" East and a chord length
of 53.24 feet;
Thence, South 80° 39' 17" East, 51.00 feet;
Thence, South 45° 38' 23" East, 16.60 feet;
Thence, South 01° 39'04" West, 5.44 feet;
Thence, South 68° 00'20" West, 10.92 feet;
Thence, North 450 38' 23" West, 11.50 feet;
Thence, North 80° 39' 17" West, 46.59 feet to the beginning of a curve;
pr
IourlirapeArchilerlitu -Site Pl nu1hig Civil Engiueeriug ®Golf Coitrre brigntiou Egghieeinrg ®G»phic Convinnication
462 E. Shore Drive, Ste. 100, Eagle, Idaho 83616 ® P 208.939.4041 r 208.939.4445 ®��nvw.theland�rroupinc.com
THE LANA GROUP, INC.
Thence, along said curve to the right an arc length of 57.29 feet, having a radius of 207.00 feet, a
central angle of 150 51'25", a chord bearing of North 72° 4335" West and a chord
length of 57.11 feet;
Thence, North 64° 47'52" West, 34.32 feet to the beginning of a curve;
Thence, along said curve to the left an arc length of 62.41 feet, having a radius of 143.00 feet, a
central angle of 25° 00' 16", a chord bearing of North 77° 18'00" West and a chord
length of 61.91 feet;
Thence, North 89° 48'08" West, 51.88 feet to the beginning of a curve;
Thence, along said curve to the right an arc length of 49.85 feet, having a radius of 207.00 feet, a
central angle of 13° 47' 51", a chord bearing of North 82° 54' 12" West and a chord
length of 49.73 feet;
Thence, North 76° 00' 17" West, 38.64 feet to the beginning of a curve;
Thence, along said curve to the right an arc length of 53.82 feet, having a radius of 208.88 feet, a
central angle of 14° 45'44", a chord bearing of North 68° 37'09" West and a chord
length of 53.67 feet;
Thence, North 61° 14' 17" West, 86.35 feet to said common line;
Thence, along said common line, North 00° 43'52" West, 16.08 feet to the POINT OF
BEGINNING, containing 0.161 acres or 7,012 square feet, more or less.
PREPARED BY:
THE LAND GROUP, INC.
Robert L. Kazarinoff
03/28/2017
2
LarrrhwpeArrhiledrrre o Site Planning * Chdl Engineering a Golf Corrr$e Irrigation &Fgkeefing ® Gr hic Cortinrrmirnfion
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City of Meridian Ada County, Idaho
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 6N
PROJECT NUMBER:
ITEM TITLE:
Treasure Valley YMCA Sewer and Water Main Easement
MEETING NOTES
rte✓ APPROVEO
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 2017-044130
BOISE IDAHO Pgs=5 VICTORIA BAILEY 05/17/2017 12:10 PM
CITY OF MERIDIAN, IDAHO NO FEE
SANITARY SEWER AND WATER MAIN EASEMENT
THIS INDENTURE, made this 1 k day ofd, 20.L—,2between THE YOUNG MEN'S
CHIRISTIAN ASSOCIATION OF BOISE CITY, IDAHO, a/k/a THE BOISE FAMILY YMCA,
the parties of the first pant, and hereinafter called the Grantors, and the City of Meridian, Ada County,
Idaho, the party of the second part, and hereinafter called the Grantee;
WITNESSETH;
WHEREAS, the Grantors desire to provide a sanitary sewer and water main right-of-way
across the premises and property hereinafter particularly bounded and described; and
WHEREAS, the sanitary sewer and water is to be provided for through underground
pipelines to be constructed by others; and
WHEREAS, it will be necessary to maintain and service said pipelines from time to time by
the Grantee;
NOW, THEREFORE, in consideration of the benefits to be received by the Grantors, and
other good and valuable consideration, the Grantors do hereby give, grant and convey unto
the Grantee the right-of-way for an easement for the operation and maintenance of sanitary
sewer and water mains over and across the following described property;
(SEE ATTACHED EXHIBITS A and B)
The easement hereby granted is for the purpose of construction and operation of sanitary
sewer and water mains and their allied facilitids, together with their maintenance, repair and
replacement at the convenience of the Grantee, with the flee right of access to such facilities
at any and all times,
TO HAVE AND TO HOLD, the said easement and right-of-way unto the said Grantee, it's
successors and assigns forever,
IT IS EXPRESSLY UNDERSTOOD AND AGREED, by and between the parties hereto,
that after making repairs or performing other maintenance, Grantee shall restore the area of
the easement and adjacent property to that existent prior to undertaking such repairs and
maintenance, However, Grantee shall not be responsible for repairing, replacing or restoring
anything placed within the area described in this easement that was placed there in violation
of this easement,
THE GRANTORS hereby covenant and agree that they will not place or allow to be placed
Sanitary Sewer and Water Main Easement REV. 08/15/16
any permanent structures, trees, brush, or perennial shrubs or flowers within the area
described for this easement, which would interfere with the use of said easement, for the
purposes stated herein.
THE GRANTORS hereby covenant and agree with the Grantee that should any part of the
right-of-way and easement hereby granted shall become part of, or lie within the boundaries
of any public street, then, to such extent, such right-of-way and easement hereby granted
which lies within such boundary thereof or which Is a part thereof, shall cease and become
null and void and of no further effect and shall be completely relinquished.
THE GRANTORS do hereby covenant with the Grantee that they are lawfully seized and
possessed of the aforementioned and described tract of land, and that they have a good and
lawful right to convey said easement, and that they will warrant and forever defend the title
and quiet possession thereof against the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the said parties of the first part have hereunto subscribed their
signatures the day and year first herein above written.
GRArR: t1? _
/177
Address
-Seca ar
STATE OF IDAHO )
) ss
County of Ada )
e3,'Uo2
On this. day of � � , 20 , before me, the undersigned, a Notary
Public in and for said State, p rsonally appearedy i c% I-. - ur o -and-
Public
known or identified to me to be the Tresidee t and-
-Secretary, respectively, of the corporation that executed the within inst ument, and
acknowledged to me that such corporation executed the same.
�a4%%too�eoe�,,yl WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day
j®6°90*
-.92-4 nal-ycar fist above Written.
0.
N01 ARY P L,IC FOR IO
Residing at: 1be'
Commission Expires:�'�` Ci��• 2-2--
01 -2--
0 a�`e
Sp A TV,
40#00141"'�` '
Sanitary Sewer and Water Main Easement REV. 08/15/16
GRANTEE: CITY OF MERIDIAN
Tammy de Wpod, Mayor
a (-,IV of
Attek by C,J4ytoles, City Clerk
SEAL
Approved By City Council On: 5-1J6 Z eN1'7
STATE OF IDAHO, )
: ss,
County of Ada )
On this Ito* of I "t G -'Q , 20a before me, the undersigned, a Notary
Public in and for said State, personally appeared Tammy de Weerd and C,Jay Coles, known to
me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who
executed the within instrument, and acknowledged to me that the City of Meridian executed the
same,
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and
year first above written,
",Gram#♦
•' RLA,
r
r
LIC. -'
-'0 ••.
., IDA13
0041141 '00006
I ad /I Laq=
NOTARY PUBLIC FOR IDA
Residing at: mlm) T)N
Commission Expires: 9 • aB - 044 a.
Sanitary Sewer and Water Main Easement REV. 08/15/16
9233 WEST STATE STREET I BOISE, ID 83714 1 208,639.6939 1 FAX 208.639,6930
April 25, 2017
Treasure Valley YMCA
Project No. 16-166
Legal Description
City of Meridian Sewer and Water Easement
EXHIBIT A
An easement for access, construction and maintenance of sewer and water facilities being situated in a
portion of the East 1/2 of the Northwest 1/4 of Section 33, Township 3 North, Range 1 East, Dolse Meridian,
City of Meridian, Ada County, Idaho, and being more particularly described as follows:
Commencing at a found brass cap monument marking the North 1/4 corner of said Section 33, which bears
S89°15'22"E a distance of 2,660.61 feet from a found aluminum cap monument marking the Northwest
corner of said Section 33;
Thence following the northerly line of said East 1/2 of the Northwest 1/4, N89015'22"W a distance of 361.63
feet;
Thence leaving said northerly line, S00044'38"W a distance of 740.09 feet to the POINT OF BEGINNING.
Thence S00°13'57"W a distance of 70.28 feet,
Thence S15000'00"E a distance of 60,35 feet;
Thence N75°00'00"E a distance of 46.17 feet;
Thence S15°00'00"E a distance of 30.44 feet;
Thence S75°00'00"W a distance of 31.77 feet;
Thence N15°00'00"W a distance of 10.44 feet;
Thence S75°00'00"W a distance of 312.64 feet;
Thence S00°30'57"E a distance of 317.18 feet;
Thence 515900'40"E a distance of 9.00 feet;
Thence 575000'00"W a distance of 30,00 feet;
Thence N15°39'17"W a distance of 12.27 feet;
Thence N00°30'57"W a distance of 400.73 feet;
Thence N16°03'36"E a distance of 51.10 feet;
Thence N00°13'57"E a distance of 98.21 feet;
Thence 589046'03"E a distance of 20.00 feet;
Thence 500°13'57"W a distance of 100.99 feet;
Thence 516903'36"W a distance of 51.67 feet;
Thence 500°30'57"E a distance of 57.58 feet;
Thence N75°00'00"E a distance of 283.60 feet;
Thence N15°00'00"W a distance of 63.03 feet;
Thence N00°13'57"E a distance of 72.95 feet;
Thence S89046'03"E a distance of 20.00 feet to the POiNT OF BEGINNING.
Said description contains a total of 24,482 square feet (0.562 acres), more or less, and Is subject to all existing
easements and/or rights-of-way of record or implied.
Attached hereto is Exhibit B and by this reference is made a part hereof.i t'�1V11
12459,
OF 1��4
ENGINEERS I SURVEYORS I PLANNERS Oar �. aAti1,4'
2928 E. AMITY RD.S89-15'22"E2660
BASIS OF BEARING 28
11 AS89 15 22 E2660.61
32T3 3 229L3.98'' 361.63' ._.. — — 33
NW CORNER SECTION 33 �
FOUND ALUMINUM CAP � POINT OF COMMENCEMENT
r°Pil o N 1/4 CORNER SECTION 33
UNPLATTED
FOUND BRASS CAP
� I
S89'46'03"E� 589'48'03"E� i /-POINT OF BEGINNING
on A20.Q0'
-T-F S00'13'57"W 1 1
N00'13'852i6 ,I i-�-"100.99' ') In INUVOO'00"E
0
• 46,17'
N16'03'36"E N75'00'00"E r \ \� J S15'00'00"E
51.10'283.60* -'d °'
LINE TABLE
LINE #
LENGTH
DIRECTION
L1
70,28
SO -13'57"W
L2
60.35
S15'00'00"E
L3
10,44
N1 5'00'00'W
L4
51.67
S1 6'03'36"W
L5
57.56
50'30'57"E
L6
63.03
N15'00'00"W
L7
72.95
NO'13'57"E
`�
1.3 �S75'00'00"W
I I -- i „'' 31.77'S75'00'00"W
312.64'
PROPOSED CITY OF MERIDIAN
of ITS
SEWER AND WATER EASEMENT
�I IM
YOUNG MEN'S CHRISTIAN ASSOCIATION
Ib
OF BOISE CITY IDAHO
o1
APN:S1133212433
i) I
Si Op00'40"E
N15'3917"W n er
EXISTING CITY OF MERIDIAN
SEWER AND WATER EASEMENT JOINT SCHOOL DISTRICT No. 2
PER INST, No. 2015-104423 APN: S1133244211
LEGEND
{ FOUND BRASS CAP MONUMENT
®
FOUND ALUMINUM CAP MONUMENT
CALCULATED POINT
tbl,r4 1 j4, 1 EI Ej
- k =L.- k
ENGINEERS. SURVEYORS. PLANNERS
9233 WEST STATE STREET
BOISE, IDAHO 63714
PHONE(208)639.6939
FAX (208) 6396930
PROPERTY BOUNDARY UNE
ADJACENT BOUNDARY LINE
SECTION LINE
PROPOSED EASEMENT UNE
EXISTING EASEMENT LINE
SURVEY TIE UNE
EXHIBIT B
TREASURE VALLEY YMCA
Pian Scale
DATE: 04/25/2017
PROTECT: 16-166
SHEET: CITY OF MERIDIAN SEWER AND WATER EASEMENT
I OF 1 [APORTION OF THE E 1/2 OF THE NW 1/4 SECTION 33, T,3N., RAE., B.M.,CITY OF MERIDIAN, ADA COUNTY, ID
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 60
PROJECT NUMBER:
ITEM TITLE:
Fee Waiver Agreement for ICOM Community Match
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
COMMUNITY MATCH AGREEMENT No. I
FOR WAIVER OF CERTAIN PERMIT FEES
BETWEEN CITY OF MERIDIAN
AND
IDAHO COLLEGE OF OSTEOPATHIC MEDICINE, LLC
THIS COMMUNITY MATCH AGREEMENT No. 1 ("Agreement") entered
into this 16 day of M,l i , 2017 by and between the City of
Meridian ("City"), an Idaho municipal corporation organized under the laws of the State
of Idaho, and Idaho College of Osteopathic Medicine, LLC, an Idaho Limited Liability
Company ("ICOM"), collectively, the "parties."
WHEREAS, The Idaho College of Osteopathic Medicine (ICOM) has made a
commitment to locate in Meridian Idaho on the Idaho State University Health Care
Center Campus; and,
WHEREAS, ICOM will be a freestanding, privately funded, separately licensed
and independently operated entity with a capital investment of $32.6 million; and,
WHEREAS, ICOM is expected to have an approximate $79.5 million economic
impact during the development period with approximately 350 new construction and
planning jobs; and,
WHEREAS, once opened, ICOM is expected to employ 90 full-time employees
with an average wage of more than $88,300 annually; and,
WHEREAS, the new direct state revenue to be generated by ICOM is projected
at $18.4 million, and ICOM's facility, equipment, and land will be subject to city and
county property taxes; and,
WHEREAS, ICOM has been able to qualify for Idaho's Tax Reimbursement
Incentive (TRI), a performance-based mechanism that promotes economic expansion,
business retention, and job creation; and,
WHEREAS, ICOM's TRI incentive value is estimated to be $3.85 Million over
ten years, and ICOM plans to invest 100 percent of this reimbursement directly back into
student scholarships; and,
COMMUNITY MATCH AGREEMENT FOR PERMIT FEE WAIVER -1
COMMUNITY MATCH AGREEMENT FOR PERMIT FEE WAIVER- 2
WHEREAS, to be considered for participation in the TRI program, the applicant
must seek a Community Match, which is defined as a commitment from the local
government that demonstrates its active support of the applicant creating new jobs in the
local community; and,
WHEREAS, the Community Match may include a monetary contribution, fee
waivers, in-kind services, the provision of infrastructure, or a combination thereof; and,
WHEREAS, Meridian’s Community Match is a show of support that the City has
a partnership with the State of Idaho and ICOM, and is an effort to incentivize ICOM to
utilize the Idaho TRI program and locate in Meridian; and,
WHEREAS, on the 5th day of April, 2016, the Mayor and City Council of the
City of Meridian adopted and approved Resolution 16-1127 committing to providing a
community match of $200,000 over the course of four years to be used for student
scholarships, plus the waiver of potential construction permit fees up to $100,000; and,
WHEREAS, ICOM has received pre-accreditation status from the Commission
on Osteopathic College Accreditation of the American Osteopathic Association and is
prepared to break ground and construct its medical school building on the ISU Meridian
Health Science Center campus; and,
WHEREAS, the fee waiver portion of the City’s Community Match is the subject
of the present Agreement in order to facilitate timely issuance of ICOM’s building
permits, and the details of the City’s student scholarship commitment will be set forth in
a separate agreement at a later date.
NOW, THEREFORE, in consideration of the foregoing, the City and ICOM do
hereby agree as follows:
1. WAIVER OF CERTAIN CITY OF MERIDIAN BUILDING PERMIT
FEES. At such time that ICOM makes application to the City of Meridian for applicable
permits necessary to construct its medical school building on the ISU Meridian Health
Science Center campus, ICOM will be eligible for fee waivers of up to $100,000 in
City’s “soft costs” associated with certain city permit fees. City’s agreement to waive
permit fees under this agreement shall be null and void after September 30, 2017 unless
the parties execute a written addendum to this Agreement to extend the time allowable
for the fee waivers. City permit fees potentially eligible for waiver include the following:
Planning Division Fees:
Fee Item
Cert. of Zoning Compliance
Administrative Design Review
Alternative Compliance
COMMUNITY MATCH AGREEMENT FOR PERMIT FEE WAIVER- 3
Land Development Division Fees:
Fee Item
Public Works Plan Review Fees
Public Works Inspection Fees
Public Works Pre-Treatment Plan Review Fee
Building Division Fees:
Fee Item % to City
(Soft Cost)
Commercial Permit Fee 85%
Commercial Plan Check Fee 85%
Fire Plan Review Fee 27%
Electrical Permit Fee 30%
Mechanical Permit Fee 40%
Plumbing Permit Fee 40%
Fire Sprinkler/Alarm Permit Fee 27%
2. PUBLIC RECORDS. All books, figures, records, reports, statements, or similar
items submitted to the City by ICOM are public information and are available for public
review, subject only to specific exemptions in Idaho Code relating to Public Records.
Should ICOM provide to the City information that it believes to be a trade secret or other
proprietary information as defined in Idaho Code, it may mark such information
“confidential.” Prior to disclosing any information marked “confidential,” the City shall
provide ten days written notice to ICOM prior to City making a determination whether
the information is exempt from disclosure.
3. APPROVAL OF AGREEMENT. The City is a political subdivision of the
State of Idaho and is subject to state laws governing its activities. In the event that any
portion of the laws authorizing City’s local match of the Idaho Tax Reimbursement
Incentive Act is found to be invalid or unlawful, any portion of this Agreement which
relies on the invalidated or unlawful portion of the TRI Act shall be null and void.
4. AGREEMENT MADE IN IDAHO. The laws of the State of Idaho shall
govern the validity, interpretation, performance and enforcement of this Agreement.
Venue shall be in the courts in Ada County, Idaho.
5. NOTICES. Any and all notices required to be given by either of the parties
hereto, shall be in writing and be deemed communicated when mailed in the United
States mail, certified, return receipt requested, addressed as follows:
To the City:
Meridian City Clerk
33 E. Broadway Avenue
Meridian, Idaho 83642
To ICOM:
Daniel C. Burrell, Manager
231 Washington Avenue
Santa Fe, New Mexico 87501
Either party shall give notice to the other of any change in address for the purpose of this
section by giving written notice of such change to the other in the manner herein
provided.
IN WITNESS WHEREOF, the parties have hereunto caused this Agreement to
be executed, on the day and year first above written.
CITY OF MERIDIAN, AND IDAHO MUNICIPAL CORPORATION
Tammy de rd, Mayor
Qo�PAED AUGvsr'
ATTEST: s city of
�.�1�1 E IDIS IANC'
\IDAHO
Uj
-14%, SEAL U/
IDAHO COLLEGE OF OSTEOPATHIC MEDICINE, LLC
Daniel C. Burrell, Manager
COMMUNITY MATCH AGREEMENT FOR PERMIT FEE WAIVER- 4
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 6P
PROJECT NUMBER:
ITEM TITLE:
Approval of Award of Bid and Agreement to L2 Excavation for the Collections
Equipment Facility project for a Not -To -Exceed amount of $272,227.85.
MEETING NOTES
91
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Page 1
Memo
To: C. Jay Coles, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Laurelei McVey/PM
Date: 05/10/2017
Re: May 16 th City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
May 16 th City Council Consent Agenda for Council’s consideration.
Approval of Award of Bid and Agreement to L2 Excavation for the Collections
Equipment Facility project for a Not-To-Exceed amount of $272,227.85.
Recommended Council Action: Award of Bid and Approval of Agreement to L2
Excavation for the Not-To-Exceed amount of $272,227.85.
Thank you for your consideration.
City of Meridian
Purchasing Dept.
CONTRACT CHECKLIST
Date: REQUESTING DEPARTMENT
Project Name:
Project Manager: Contract Amount:
Contractor/Consultant/Design Engineer:
Is this a change order? Yes No Change Order No.
Fund: Budget Available ( Purchasing attach report ):
Department Yes No Construction
GL Account FY Budget: Task Order
Project Number: Enhancement: Yes No Professional Service
Equipment
Will the project cross fiscal years? Yes No Grant
Grant #: Wage Determination Received Wage Verification 10 Days prior to bid due date Debarment Status (Federal Funded)
Print and Attach the determination Print, attach and amend bid by addendum (if changed) www.sam.gov Print and attach
Master Agreement Category
(Bid Results Attached) Yes No (Ratings Attached) Yes No Date MSA Roster Approved:
Typical Award Yes No
If no please state circumstances and conclusion:
Date Award Posted: 7 day protest period ends:
PW License Expiration Date: Corporation Status
Insurance Certificates Received (Date): Expiration Date: Rating: A++
Payment and Performance Bonds Received (Date): Rating: A
Builders Risk Ins. Req'd: Yes No
(Only applicabale for projects above $1,000,000)
Reason Consultant Selected 1 Performance on past projects
Check all that apply Quality of work On Budget
On Time Accuracy of Construction Est
2 Qualified Personnel
3 Availability of personnel
4 Local of personnel
Description of negotiation process and fee evaluation:
Date Submitted to Clerk for Agenda: By:
Purchase Order No.: Date Issued: WH5 submitted
(Only for PW Construction Projects)
NTP Date:
Contract Request Checklist.5.24.2016.Final
N/A N/A N/A N/A
Existing 20467 6/30/2017
I. PROJECT INFORMATION
5/8/2017 9/15/2017
N/A
FY17
5/1/2017 PW- Wastewater
Collections Equipment Facility
V. BASIS OF AWARD
5/1/2017 May 8, 2017
IV. GRANT INFORMATION - to be completed only on Grant funded projects
VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION
May 11, 2017
VIII. AWARD INFORMATION
Approval Date
Enter Supervisor Name Date Approved
Laurelei McVey 5/1/2017
VII. TASK ORDER SELECTION (Project Manager to Complete)
5/8/2017
Award based on Low Bid Highest Ranked Vendor Selected
$272,228 Laurelei McVey
If yes, has policy been purchased?
Construction Contractor - L2 Excavation LLC
III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete)
60
3590
92100
10734.rb
TASK ORDER RFP / RFQ BID
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
COLLECTION EQUIPMENT FACILITY
PROJECT # 10734.rb
THIS CONTRACT FOR PUBLIC WORKS CONSTRUCTION is made this
day of May, 2017, and entered into by and between the City of Meridian, a municipal
corporation organized under the laws of the State of Idaho, hereinafter referred to as
"CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and L2 Excavation. LLC
hereinafter referred to as "CONTRACTOR", whose business address is 2817 Brandt Ave.
Nampa, ID 83687 and whose public Works Contractor License # is C -020467-A-4.
INTRODUCTION
Whereas, the City has a need for services involving COLLECTION
EQUIPMENT FACILITY; and
WHEREAS, the Contractor is specially trained, experienced and competent
to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows;
TERMS AND CONDITIONS
1. Scope of Work:
11 CONTRACTOR shall perform and furnish to the City upon execution of this
Contract and receipt of the City's written notice to proceed, all services and work,
and comply in all respects, as specified in the document titled "Scope of Work" a
copy of which is attached hereto as Exhibit "A" and incorporated herein by this
reference, together with any amendments that may be agreed to in writing by the
parties,
1,2 All documents, drawings and written work product prepared or produced by
the Contractor under this Agreement, including without limitation electronic data
files, are the property of the Contractor; provided, however, the City shall have the
right to reproduce, publish and use all such work, or any part thereof, in any
manner and for any purposes whatsoever and to authorize others to do so, If any
such work is copyrightable, the Contractor may copyright the same, except that, as
to any work which is copyrighted by the Contractor, the City reserves a royalty -free,
non-exclusive, and irrevocable license to reproduce, publish and use such work, or
any part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreement
consistent with the requirements and standards established by applicable federal,
state and city laws, ordinances, regulations and resolutions. The Contractor
COLLECTION EQUIPMENT FACILITY page 1 of 14
Project 10734,rb
represents and warrants lhat it will perform its work in accordance with generally
accepted industry standards and practices for the profession or professions lhat
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other warranties. either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
3. Term:
COLLECTION EQUIPMENI FACILITY
Project 10734.rb
2.1 The Contractor shall be compensated on a Not-To-Exceed basis as provided
in Exhibit B "Payment Schedule" attached hereto and by reference made a part
hereof for the Not-To-Exceed amount of 9272 ,Z2l .AS.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the Citywill paywithin 30 days of
receipt of a correct invoice and approval bytheCity. TheCitywill notwithhold any
Federal or State income taxes or Social Security Tax from any payment made bi
City to Contractor under the terms and conditions of this Agreement. payment oi
all laxes and other assessments on such sums is the sole responsibility of
Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the City any additional consideration, compensation, salary,
wages, or other type of remuneration for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renderings or
mockups. Specifically, Contractor shall not be entiiled by virtue of this Agreement
to consideration rn the form of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
3 1 This agreement shall become effective upon execution by both parties, and
shall expire upon (a) completion of the agreed upon work, (b) or unless sooner
terminated as provided in Sections 3.2, 3.3, and Section 4 below or unless some
other method or time of termination is listed in Exhibit A.
3.2 Should Contractor default in the performance of this Agreement or materially
breach any of its provisions, City, at City's option, may terminate this Agreement by
giving written notification to Contractor.
page 2 of 14
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
4. Termination:
4.1 lf , through any cause, CONTRACTOR, its officers, employees, or agents faits
to fulfill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or slipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of this
contract, or if the City Council determines that termination of this Agreement is in
the best interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
ln the event of any termlnation of this Agreement, all finished or unfinished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the ClTy may withhold any payments to
CONTRACTOR for the purposes of set-off until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shall
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
5. lndependentContractor:
5.1 ln all matters pertaining to this agreement, CONTRACTOR shall be acting as
an independent contractor, and neither CONTRACTOR nor any officer, employee
or agent of CONTRACTOR will be deemed an employee of ClTy. Except as
expressly provided in Exhibit A, Contractor has no authority or responsibility to
exercise any rights or power vested in the City and therefore has no authority to
bind or incur any obligation on behalf of the City. The selection and designation of
the personnel of the CITY in the performance of this agreement shall be made by
the CITY.
5.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shall represent and conduct themselves as independent
contractors and not as employees of the City.
COLLECTION EOUIPMENT FACILITY
Project 10734.rb
page 3 of 14
5.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreemenl. Contractor
shall be responsible to city only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
contractor in fulfillment of this Agreement. lf in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be eniirely and
exclusively under the direction and supervision and control of the Contractor.
6. S ub-Contractors:
contractor shall require that all of its sub-contractors be licensed per state of ldaho
Statute # 54-1901
Removal of Unsatisfactory Employees:
The contractor shall only furnish employees who are competent and skilled for work
under this contract. lf, in the opinion of the city, an employee of the contractor is
incompetent or disorderry, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is othen,vise unsatisfactory, that employee shall be removed from ail
work under this contract.
8 lndemnification and lnsurance:
8.1 CONTRACTOR shall indemnify and save and hotd harmless ClTy and it's
elected officials, officers, employees, agents, and volunteers from and for an y and
all losses, clai ms, actions, judgments for damages, or injury to persons or property
and losses an d expenses and other costs including litigation costs and a ttorney's
fees, arising out of, resulting from, or in connection with the performan ce of this
Agreement by the CONTRACTOR, its servants, agents, officers,
guests, and business invitees, and not caused by or aristn g out of the tortious
conduct of CITY or its employees C ONTRACT OR shall mainta in. and soecifi cally
rees ha it will main tn throu e term of reem nl
lnsuran ce, in wh ich the CITY shall be na med an additiona I insured in the minimum
h
amounts as follow: General Liability One Million Dolla
or occurrence, Automobile Liability lnsurance One Mill
incident or occurrence and Workers' Compensation
limits as required by law.. The limits of insurance shal
rs ($'1 ,000,000) per incident
ion Dollars ($1,000,000) per
lnsurance, in the statutory
I not be deemed a limitation
of the covenants to indemnify and save and hold harmless ClTy; and if ClTy
becomes liable for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold harmless
CITY from and for all such losses, claims, actions, or judgments for damages or
injury to persons or property and other costs, including litigation costi and
attorneys' fees, arising out of, resulting from or in connection with the
performance of this Agreement by the Contractor or Contractor's officers. employs,
agents, representatives or subcontractors and resulting in or attributable to
COLLECTION EQUIPMENT FACILIry
Project'10734.rb
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employees,
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide ClTy with a Certificate of
lnsurance, or other proof of insurance evidencing CONTRACTOR,S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins performance of it,s
obligations under this Agreement. ln the event the insurance minimums are
changed, CONTRACTOR shatl immediately submit proof of comptiance with the
changed limits. Evidence of all insurance shall be submitted to the city purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
82 lnsurance is to be placed with an ldaho admitted insurerwith a Best's rating
of no less than A-.
9. Time is of the Essence:
COLLECTION EQUIPMENT FACILITY
Prolect 10734 rb
8.3 Any deductibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
8.4 To the extent of the indemnity in this contract, Contractor,s lnsurance
coverage shall be primary insurance regarding the city's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elected officers, officials, employees and volunteers shall be excess oi
the contractor's insurance and shall not contribute with contractor's insurance
except as to the extent of Cily's negligence.
8.5 The Contractofs insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's llability.
8.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
8.7 The limits of insurance described herein shall not limit the liability of the
contractor and contractor's agenls, representatives, employees or subconiractors.
The parties hereto acknowledge and agree that time is strictly of the essence with
respect to each and every term, condition and provision hereof, and that the failure
to timely perform any of the obligations hereunder shall constitute a breach of, and
a default under, this Agreement by the party so failing to perform.
page 5 ol14
The city of Meridian is exempt from Federal and state taxes and will execute the
required exemption certificates for items purchased and used by the City. ltems
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the Contractor and are to be included in the
Contractor's Bid pricing.
14. MeridianStormwaterSpecifications:
The CITY may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in lhe
amount of CONTRACTOR'S compensation, whlch are mutually agreed upon by and
between the CITY and CONTRACTOR, shail be incorporated in wiitten
amendments which shall be executed with the same formalities as this Agreement.
Taxes:13.
All construction projects require either a Storm water pollution prevention plan
(SWPPP) or an erosion sediment control plan (ESCp) as specified in the City of
Meridian Construction Stormwater Management program (CSWMp) manual. ihe
CSWMP manual containing the procedures and guidelines can be found at this
address: http:/lwww.meridian citv.orq /environntental.asp x?id= 13618.
contractor shall retain all stormwaler and erosion control documentation generated
on site during construction including the SWPpp manual, field inspections and
COLLECTION EQUIPMENT FACILITY
Project 10734.rb
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10. Bonds:
Payment and Performance Bonds are required on all public Works lmprovement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
contractor is required to furnish faithful performance and payment bonds in the
amount of 100% of the contract price issued by surety licensed to do business in
the state of ldaho. ln the event that the contract is subsequently terminated for
failure to perform, the contractor and/or surety will be liable and aisessed for any
and all costs for the re-procurement of the contract services.
11. Warranty:
All construction and equipment provided under this agreement shall be warranted
for 2 years from the date of the city of Meridian acceptance per the lspWC and the
Meridian Supplemental Specifications & Drawings to the ISpWC and any
modifications, which by this reference are made a part hereof.
All items found to be defective during a wananty inspection and subseguenfly
corrected will require an additional two (2) year warranty from the date of city's
acceptance of the corected work.
12. Changes:
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documenls to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained. reviewed and approved by the City prior to final acceptance ofthe project.
15. ACHD:
16. Reports and lnformation:
16.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
16.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographic and every
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
17. Audits and lnspections:
At any time during normal business hours and as often as the ClTy may deem
necessary, there shall be made available to the CITY for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
18. Publication, Reproduction and Use of Material
No material produced in whole or in part under this Agreement shall be subject to
copyright in the United States or in any other country. The ClTy shall have
unrestricted authority to publish, disclose and otherwise use, in whole orin part, any
reports, dala or other materials prepared under lhis Agreement.
COLLECTION EOUIPMENT FACITITY
Project 10734..b
page 7 of 14
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contractor is authorized to obtain a Temporary Highway and Righlof-Way Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
19. Equal Employment Opportunity:
20. Employment of Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (g5%) bona fide ldaho residents.
21. Advice of Attorney:
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Tifle 31, U.S. Code
Section 2176. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political affiliation, marital status, or handicap. Contractor will take
affirmative action during employment or training to insure that employees are
treated without regard to race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, nalional origin or ancestry, age or disability.
Each party warants and represents thal in executing this Agreement. lt has
received independent legal advice from its attorney's or the opportunity to seek such
advice.
22. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entifled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys'fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
23. ConstructionandSeverability:
lf any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so long as
the remainder of the Agreement is reasonably capable of completion.
24. Waiver of Default:
Waiver of default by either party to this Agreement shall not be deemed to be waiver
of any subsequent default. Waiver or breach of any provision of this Agreement
shall not be deemed to be a waiver of any other or subsequenl breach, and shall
not be construed to be a modification of the terms of this Agreement unless this
Agreement is modified as provided above.
COLLECTION EOUIPMENT FACILIry
Project 10734.rb
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25. Entire Agreement:
26. Assignment:
27. Payment Request:
28. Cleanup:
29. Order of Precedence:
30. Compliance with Laws:
ln performing the scope of work required hereunder, CONTRACTOR shalt comply
with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
31. Applicable Law:
This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of ldaho, and the ordinances of the City of Meridian.
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of ClTy.
Payment requests shall be submitted to City of Meridian through the City's project
management software_ The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval thaithe work
has been done and is in compliance with the Agreement, the project Manager will
approve the pay request for processing. City of Meridian payment terms are Net 30
from the date City receives a correct invoice. Final payment will not be released
until the City has received a tax release from lhe Tax Commission.
Contractor shall keep the worksite clean and free from debris. At completion of
work and prior to requesting final inspection, the Contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
COLLECTION EOUIPMENT FACILITY
Project '10734.rb
page I of 14
The order or precedence shall be the contract agreement, the lnvitation for Bid
document, then the winning bidders submitted bid document.
32. Notices:
Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY
CONTRACTOR
City of Meridian
L2 Excavation, LLC
Purchasing Manager
Attn: Eric Bird, Vice President
33 E Broadway Ave
2817 Brandt. Ave,
Meridian, ID 83642
Nampa, ID 83687
208-489-0417
Phone: 208-800-0330
Email eric@12excavation.com
Idaho Public Works License #020467-A-4
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
33. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian,
CITY OF MERIDIAN L2 Excavation, LLC
BY: BY: "ry
TAMMY de WEE MAYOR C c T61eo
U , p,
Dated: -5'/ '-_.../..- Dated:
—7
Approved by Council:� / I
Attest:
C,JAY OLE*�l CLERK
Purchasin Approval
BY:
KEITH, A TS, Purchasing Manager
Dated::�l0 1-7
Project Manager
Laurelei McVey
COLLECTION EQUIPMENT FACILITY
Project 10734,rb
P�eo AUGUST
2 City Of
��E IUTAN
�s ` SEAT .ae/
WARREN STEWART, City Engineer
Dated:: 5 t/ 7
Page 10 of 14
EXHIBIT A
SCOPE OF WORK
REFER TO INVITATION TO BID PW-17i9-10734.rb
ALL ADDENDUMS, ATTACHMENTS, AND EXHtBtTS inctuded in rhe
lnvitation to Bid Package # PW-1719-'10734.rb are by this reference
made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho Standards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
lnstall 60x80 pre fab metal shop building at Meridian WRRF site. Project
includes site work and paving work. Bid excludes installation of utilities
(water, electrical, HVAC, heating).
Contactor is responsible for all permits and inspections. The City of Meridian to
pay permitting fees.
General site map is provided. Contractor to verify all measurements
Supply, deliver, and erect one (1) metal building per the specifications listed
below.
Building Usage:. 5.5 Government, Admin, Service
Plans & Calculations:. 4 sets of stamped plans (Site, Foundation). 2 sets of stamped calculations. 2 sets of final record drawings
COLLECTION EOUIPMENT FACITITY
Project 10734.rb
paqe11of14
Metal Buildinq
Load & Design Criteria:. IBC-2O12 or most current. Occupancy/Risk Category ll. Roof Live 20 PSF. Ground Snow 20. Total Collateral 2.0. Wind Velocity 115 MPH
Size
60ft deep/80ft long
Eve height 16ft
Building Type:. Gable. Slope 1:12
lnsulation:. Walls R32, Roof R38. Vapor retarder fabric liner that is self-extinguishing and mmplies
with ASTM 1 1 36, Types I through Vl; NFpA 701 Large Scale; ftame
spread of 25 or less per ASTM E-84 (equivalent to NFPA 2S5,
ANSI 2.5 or UL/ULC723).
Doors:
F our 12tl x 14ft framed openings with insulated overhead door and
openers evenly spaced along the 80ft long south facing eve wall
Two 3070 exterior rated doors, one located along the north wall
and one located on the south west corner.
Door color to match siding color.
Siding.
Two tone with '12ft wainscot, cream (lower) and dark brown (upper)
- to match color of existing site buildings
Roof - blue to match existing site buildings
Gutters, downspouts and delivery to site to be included
Site P p Work
. Dig and compact site for foundation and building slab. lnstall two sleeves for utilities - Clly to provide placement location of
sleeves
and Foundation
Pour concrete slab per pre fab metal building (60x80) design
Concrete Slab
COLLECTION EOUIPMENT FACILITY
Project 10734 rb
Oage 12 ol 14
4
Exhibit B
MILESTONE / PAYMENT SCHEDULE
A Total and complete compensation for this Agreement shall not exceed g00,000
Site Finish Work (Asphatr LS 1 s37,300.00
COLLECTION EQUIPMENT FACILITY
Projeci 10734.rb
i,IILESTONE DATES/SCHEDULE
Milestone 1 Project Completion 90 Days from Notice to Proceed
91ltg.1l"lyoqs fumishing ail-rabo1 materiars, equipment, and incidentars as required for theCOLLECTION EQUTPMENT FAC|LtTy per tFB pW-jt1g-1ot34lb
NOT TO EXCEED CONTRACT TOTAL w2zu-Bs
fioncactasotnextoaceedomunLenitemcbelpribesuedngforncever ac no na ad nyddaronilalncreaseorsdecreaessnworkuestedcThereqcltbyitycontheitvrabactorpayedsnoaactuuantitofESheacofitemworknaccordancehwithentracoctdcumoents.
Contract Schedule
Item No.Descri on Qua Unit Unit Price
1 Provide & lnstall Metal Buil ding t5 t S114,750.90
2 Site Prep Work LS 1 511,600 00
3 Concrete Slab and Foundation LS 1 S108,576 95
page 14 of 14
I
PR]CING SCHEDULE
. Slab thickness- '12 inches. Pour foundation per metal building specification. lnclude trench drain across building and tie into sand/oil separator. lnstall sand/oil separator in parking area
o Erect prefab metal building. lnstall all doors
Note: City to install water, electrical, HVAC, heating
Site Finish Work
. Grade for and install site drainage, catch basin, and pipe to storm drain
pond
. Grade and pave parking lot (asphalt)
. Grade and pave driveway (asphalt). Contractor responsible for verifying location of gas line across driveway. Asphalt specification - 4 inches of three-quarter road mix compacted to
95% and 2 112 inch asphalt mat graded to drain, compacted to 95%
See separate attached documents:
PLANS /DRAWINGS (11 pages)rt
COLLECTION EQUIPMENT FACILIry
Project'10734.rb page 13 of 14
Erect Buildinq
CONTRACT FOR PUBLIC WORKS CONSTRUCTION
COLLECTION EQUIPMENT FACILITY
PROJECT # 10734.rb
THIS CONTRACT FOR PUBLTC WORKS CONSTRUCTION is made thi Sday of May, 2017, and entered into by and between the Cit y of Meridian, a municipalcorporation organized under the laws of the State of ldaho,hereinafter referred to as"CITY',33 East Broadway Avenue, Meridian, ldaho g3642, and L2 Excavation. LLC. ,h ereinafter referred to as "CONTRACTOR", whose busi ness address is 2817 Brandt Ave
Na oa. lD 83 687 and whose Public Works Contractor Li cense # is C-020467-A-4
INTRODUCTION
Whereas, the City has a need for services involving OLLECTI NEQUIPMENT FACILITY ;and
WHEREAS, the Contractor is specially trained, experienced and competentto perform and has agreed to provide such servicei;
NOW, THEREFORE, in consideration of the mutual promises, covenants,terms and conditions hereinafter contained, the parties agree as follows:
TERMS AND CONDITIONS
1 Scope of Work:
1.1 coNTRACToR shal perform and furnish lo the city upon execution of thiscontract and receipt of the city's written notice to proceed, aI services and work,and comply in all respects, as specified in the document titred "scope of work', acopy of which is attached hereto as Exhibit "A" and incorporated herein by thisreference, together with any amendments that may be agreed to in writing by ttreparties.
1..2 _ All documents, drawings and written work product prepared or produced bythe contractor under this Agreement, including without iimitation electronic datafiles, are the property of the contractor; provided, however, the city shafi have iheright to reproduce, publish and use all such work, or any part ihereof, in anymanner and for any purposes whatsoever and to authorize otirers to do so. tf any
such work is copyrightabre, the contractor may copyright the same, except that, asto any work which is copyrighted by the Contractor, ihJ City ,eserves a royalty-free,
non-exclusive, and irrevocable license to reproduce, publish and use suc-h work, orany part thereof, and to authorize others to do so.
1.3 The Contractor shall provide services and work under this Agreementconsistent with the requirements and slandards established by applicablE federal,state and city laws, ordinances, regurations and resolutions. The contractor
COLLECTION EQUIPMENT FACILITY
Project 10734.rb
page 1 of 14
represents and warrants that it will perform its work in accordance with generally
accepted industry slandards and practices for the profession or professions that
are used in performance of this Agreement and that are in effect at the time of
performance of this Agreement. Except for that representation and any
representations made or contained in any proposal submitted by the Contractor
and any reports or opinions prepared or issued as part of the work performed by
the Contractor under this Agreement, Contractor makes no other wananties, either
express or implied, as part of this Agreement.
1 .4 Services and work provided by the Contractor at the City's request under this
Agreement will be performed in a timely manner in accordance with a Schedule of
Work, which the parties hereto shall agree to. The Schedule of Work may be
revised from time to time upon mutual written consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on
in Exhibit B "Payment Schedule" attached her
hereof for the Not-To-Exceed amount of 72
3. Term:
COLLECTION EQUIPMENT FACIIITY
Proiect ,t0734.rb
a Not-To-Exceed basis as provided
eto and by reference made a part
227.85.
2.2 The Contractor shall provide the City with a monthly statement and
supporting invoices, as the work warrants, of fees earned and costs incurred for
services provided during the billing period, which the City will pay within 30 days of
receipt of a correct invoice and approval by the city. The city will not withhold- any
Federal or State income taxes or Social Security Tax from any payment made by
city to contractor under the rerms and conditions of this Agreement. payment ofall taxes and other assessments on such sums is thi sole responsibility of
Contractor.
2.3 Excepl as expressly provided in this Agreement, Contractor shall not be
entitled to receive from the city any additional consideration, compensation, salary,
wages, or other type of remuneratlon for services rendered under this Agreement
including, but not limited to, meals, lodging, transportation, drawings, renJerings or
mockups. Specificarry, contracror shail not be enfitred by virtue oithis Agree;ent
to consideration in the form of overtime, hearth insurince benefits, ritirement
benefits, paid holidays or other paid leaves of absence of any type or kindwhatsoever.
3,1 This agreement shall become effective upon execution by both parties, andshall expire upon (a) completion of the agreed upon work, (b) or uniess soonerterminated as provided in sections 3.2, 3.3, and section 4 berow or unress someother method or time of termination is listed in Exhibit A.
3.2 should contractor default in the performance of this Agreement or materialy
breach any of its provisions, City, at City,s option, may terminite this Agreement bygiving written notification to Contractor.
page 2 ol 14
3.3 Should City fail to pay Contractor all or any part of the compensation set forth
in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's
option, may terminate this Agreement if the failure is not remedied by the City
within thirty (30) days from the date payment is due.
4.Termination:
4.1 lf, through any cause, CONTRACTOR, its officers, employees, or agents faits
to fulfill in a timely and proper manner its obligations under this Agreement, violates
any of the covenants, agreements, or stipulations of this Agreement, falsifies any
record or document required to be prepared under this agreement, engages in
fraud, dishonesty, or any other act of misconduct in the performance of lhis
contract, or if the City Council determines that termination of this Agreement is in
the best interest of CITY, the CITY shall thereupon have the right to terminate this
Agreement by giving written notice to CONTRACTOR of such termination and
specifying the effective date thereof at least fifteen (15) days before the effective
date of such termination. CONTRACTOR may terminate this agreement at any
time by giving at least sixty (60) days notice to CITY.
ln the event of any termination of this Agreement, all finished or unflnished
documents, data, and reports prepared by CONTRACTOR under this Agreement
shall, at the option of the CITY, become its property, and CONTRACTOR shall be
entitled to receive just and equitable compensation for any work satisfactorily
complete hereunder.
4.2 Notwithstanding the above, CONTRACTOR shail not be relieved of liability to
the CITY for damages sustained by the CITY by virtue of any breach of this
Agreement by CONTRACTOR, and the ClTy may withhold any payments to
CONTRACTOR for the purposes of seLoff until such time as the exact amount of
damages due the CITY from CONTRACTOR is determined. This provision shalt
survive the termination of this agreement and shall not relieve CONTRACTOR of
its liability to the CITY for damages.
5. lndependentContractor:
COLLECTION EOUIPMENT FACILITY
Project 10734.rb
5.1. .ln all matters pertaining to this agreement, coNTRACToR shalr beactingas
an independent contractor, and neither CONTRACTOR nor any ofiicer, emplo-yeeor agent of CONTRACTOR wilt be deemed an emptoyee oi Ctfy. Excepi asexpressly provided in Exhibit A, contractor has no authority or responsibility toexercise any rights or power vested in the city and therefore has no authority tobind or incur any obligation on behalf of the city. The selection and designation of
the personnel of the clrY in lhe performance of this agreemenr shafl bimade by
the CITY.
5.2 Contractor, its agents, officers, and employees are and at all times during the
term of this Agreement shalr represent and conduct themselves as indepen"dent
conlractors and not as employees of the City.
page 3 of 14
7
5.3 Contractor shall determine the method, details and means of performing the
work and services to be provided by Contractor under this Agreement. Contractor
shall be responsible to City only for the requirements and results specified in this
Agreement and, except as expressly provided in this Agreement, shall not be
subjected to City's control with respect to the physical action or activities of
Contractor in fulfillment of this Agreement. lf in the performance of this Agreement
any third persons are employed by Contractor, such persons shall be entirely and
exclusively under the direction and supervision and control of the Contractor.
6. Sub-Contractors:
contractor shall require that all of its sub-contraclors be licensed per state of ldaho
Statute # 54- 1901
Removal of Unsatisfactory Employees:
The Contractor shall only furnish employees who are competent and skilled for work
under this contract. lf, in the opinion of the City, an employee of the Contractor is
incompetent or disorderly, refuses to perform in accordance with the terms and
conditions of the contract, threatens or uses abusive language while on City
property, or is otherwise unsatisfactory, that employee shall be removed from ail
work under this contract.
8. lndemnification and Insurance:
elected officials, officers, employees, agents, and volunteers from and for an y and
all losses, claims, actions, judgments for damages, or injury to persons or property
and losses and expenses and other costs i ncluding litigation costs and attorney's
fees, arising out of,resulting from, or in connection with the performance of this
Ag reement by the CONTRACTOR, its servants,agents, officers, employees,
guests, and business invitees,and not caused by or arising out of the tortious
conduct of CITY or its employee s. CONTRACTOR shall atn tain,and sr)ecificallv
rees t it will ntain thro hout erm of thih tTl liabilit
ln su ran ce, rn which the C ITY shall be named an additional insured in the minimum
amounts as follow: General Liabi lity One Million Dollars (91,000,000) per incide nt
or occurrence, Automobile Liabi lity lnsurance One Million Dollars ($1,000,000) perincident or occurrence and Workers'Com pensalion lnsurance, in the statutorylimits as required by law.. The limits of insu rance shall not be deemed a limitationof the covenants to indemnify and save and hold harmless ClTy and if CITYbecomes liable for an amount i n excess of the insurance limits, herein provided,CONTRACTOR covenants and agrees to indemnify and save and hold harmlessCITY from and for all such lo sses, claims, actions, or judgments for dama ges orinjury to persons or pro perty and other costs,including litigation costi andattorneys' fees, arising out of, resulting from or in connection with theperformance of this Agree ment by the Contractor or Contractor's officers . employs,agenls, representatives or subcontractors and resulting in or attri butable to
COLLECTION EOUIPMENT FACItIry
Project 10734.rb Page 4 of 14
8.1 CONTRACTOR shall indemnify and save and hold harmless ClTy and it,s
personal injury, death, or damage or destruction to tangible or intangible property,
including use of. CONTRACTOR shall provide ClTy with a Certificate of
lnsurance, or other proof of insurance evidencing CONTRACTOR,S compliance
with the requirements of this paragraph and file such proof of insurance with the
CITY at least ten ('t0) days prior to the date Contractor begins performance of it,s
obligations under this Agreement. ln the event the insurance mlnimums are
changed, CONTRACTOR shall immediately submit proof of compliance with the
changed limits- Evidence of all insurance shall be submitted to the City purchasing
Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue,
Meridian, ldaho 83642.
8.2 lnsurance is to be placed with an ldaho admitted insurerwith a Best,s rating
of no less than A-.
8.3 Any deduclibles, self-insured retention, or named insureds must be declared
in writing and approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles, self-insured retentions or named
insureds; or the Contractor shall provide a bond, cash or letter of credit
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
8.4 To the extent of the indemnity in this contract, Contractor,s lnsurance
coverage shall be primary insurance regarding the City's elected officers, officials,
employees and volunteers. Any insurance or self-insurance maintained by the City
or the City's elecled officers, officials, employees and volunteers shall be excess oi
the contractor's insurance and shall not contribute with contractor's insurance
excepl as to the extent of City's negligence.
I
8.5 The Contractor's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
8.6 All insurance coverages for subcontractors shall be subject to all of the
insurance and indemnity requirements stated herein.
8.7 The limits of insurance described herein shall not limit the liability of thecontractor and contractor's agenls, representatives, employees or subconiractors.
Time is of the Essence:
The parties hereto acknowledge and agree that time is strictly of the essence withrespect to each and every term, condition and provision hereof, and that the failureto timely perform any of the obligations hereunder shall constitute a breach of, anda default under, this Agreement by the party so failing to perform.
COLLECTION EOUIPMENT FACILITY
Project 10734 rb page 5 of 14
10. Bonds:
11. Warranty:
All construction and equipment provided under lhis agreement shall be warranted
for 2 years from the date of the City of Meridian acceptance per the ISpWC and the
Meridian Supplemental Specifications & Drawings to the ISPWC and any
modifications, which by this reference are made a part hereof .
All items found to be defective during a wananty inspection and subsequenfly
corrected will require an additional two (2) year warranty from the date of City,s
acceptance of the corrected work.
12. Changes
Payment and Performance Bonds are required on all Public Works lmprovement
Projects per the ISPWC and the City of Meridian Supplemental Specifications &
Drawings to the ISPWC, which by this reference are made a part hereof.
Contractor is required to furnish faithful performance and payment bonds in the
amount of 10oyo of the contract price issued by surety licensed to do business in
the State of ldaho. ln the event that the contract is subsequently terminated for
failure to pedorm, the contractor and/or surety will be liable and aisessed for any
and all costs for the re-procurement of the contract services.
The CITY may, from time to time, request changes in the Scope of Work to be
performed hereunder. Such changes, including any increase or decrease in the
amount of CONTRACTOR'S compensation, which are mutually agreed upon by and
between the CITY and CONTRACTOR, shal be incorporated in wiitten
amendments which shall be executed with the same formalities as this Agreement-
Taxes:13.
14.
The city of Meridian is exempt from Federal and state taxes and will execute the
required exemption certificates for items purchased and used by the City. ltems
purchased by the City and used by a contractor are subject to Use Tax. All other
taxes are the responsibility of the contractor and are to be included in the
Contractor's Bid pricing.
Meridian Stormwater Specifi cations:
All construction projects require either a Storm Water pollution p revention Plan(SWPPP) or an erosion sediment control plan (ESCP) as specified in the Ci ty ofMeridian Construction Stormwater Mana gement Program (CSWMp) manual.TheCSWMP manual containing the procedures and guidelines can be found at thisaddress: http.//www.nt eridiancitv.or q/environme ntal.aspx?id 1 3618.
contractor sharr retain aI stormwater and erosion contror documentation generatedon site during construction incruding the SWppp manuar, neta inspeciions inJ
COLLECTION EQUIPMENT FACILITY
Project 10734.rb page 6 of 14
15.
amendments. Prior to final acceptance of the job by the City the contractor shall
return the field SWPPP manual and field inspection documenls to the City for
review. A completed Contractor Request to File Project N.O.T. with the EPA form
shall be provided to the City with the documents. These documents shall be
retained, reviewed and approved by the City prior to final acceptance of the project.
ACHD:
Contractor shall be responsible for coordinating with the City to obtain appropriate
ACHD permit(s) and will reimburse the City for fees, fines, or penalties City incurs
due to Contractor's violation of any ACHD policy. City shall certify to ACHD that
Contraclor is authorized to obtain a Temporary Highway and Right-of-Way Use
Permit from ACHD on City's behalf. The parties acknowledge and agree that the
scope of the agency granted by such certification is limited to, and conterminous
with, the term and scope of this Agreement.
16. Reports and lnformation:
'16.1 At such times and in such forms as the CITY may require, there shall be
furnished to the CITY such statements, records, reports, data and information as
the CITY may request pertaining to matters covered by this Agreement.
16.2 Contractor shall maintain all writings, documents and records prepared or
compiled in connection with the performance of this Agreement for a minimum of
four (4) years from the termination or completion of this or Agreement. This
includes any handwriting, typewriting, printing, photo static, photographicand every
other means of recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
17. Audits and lnspections:
18.
COLLECTION EOUIPMENT FACILITY
Project 10734.rb
At any time during normal business hours and as often as the ClTy may deem
necessary, there shall be made available to the ClTy for examination all of
CONTRACTOR'S records with respect to all matters covered by this Agreement.
CONTRACTOR shall permit the ClTy to audit, examine, and make eicerpts or
transcripts from such records, and to make audits of all contracts, invoices,
materials, payrolls, records of personnel, conditions of employment and other data
relating to all matters covered by this Agreement.
Publication, Reproduction and Use of Material:
No material produced in whole or in part under this Agreement shalt be subject tocopyright in the united states or in any other country. The crry shari haveunrestricted authority to pubrish, discrose and otherwise use, in whore or in part, anyreports, data or other materials prepared under this Agreement.
page 7 ol 14
19. Equal Employment Opportunity:
ln performing the work herein, Contractor agrees to comply with the provisions of
Title Vl and Vll of the Civil Rights Act, Revenue Sharing Act Title 31, U.S. Code
Section 21 76. Specifically, the Contractor agrees not to discriminate against any
employee or applicant for employment because of race, color, religion, sex, national
origin, age, political afilliation, marital status, or handicap. Contractor will take
affirmative actron during employment or training to insure that employees are
treated without regard lo race, color, religion, sex, national origin, age, political
affiliation, marital status, or handicap. ln performing the Work required herein,
CONTRACTOR shall not unlavvfully discriminate in violation of any federal, state or
local law, rule or regulation against any person on the basis of race, color, religion,
sex, national origin or ancestry, age or disability.
20. Employment of Bona Fide ldaho Residents:
Contractor must comply with ldaho State Statute 44-1002 which states that the
Contractor employ ninety-five percent (95%) bona fide ldaho residents.
21. Advice of Attorney:
Each party wanants and represents that in executing this Agreement. lt has
received independent legal advice from its attorney's or the opportunity lo seek such
advice-
22. Attorney Fees:
Should any litigation be commenced between the parties hereto concerning this
Agreement, the prevailing party shall be entitled, in addition to any other relief as
may be granted, to court costs and reasonable attorneys,fees as determined by a
Court of competent jurisdiction. This provision shall be deemed to be a separate
contract between the parties and shall survive any default, termination or forfeiture
of this Agreement.
COLLECTION EOUIPMENT FACILIry
P.olect 10734.rb
23. ConstructionandSeverability:
lf any part of this Agreement is held to be invalid or unenforceable, such holding will
not affect the validity or enforceability of any other part of this Agreement so lon-g as
the remainder of the Agreement is reasonably capable of completion.
24. Waiver of Default:
waiver of default by either party to this Agreement shall not be deemed to be waiverof any subsequent default. waiver or bieach of any provision of this Agreementshall not be deemed to be a waiver of any other or iubsequent breach, ind shanot be construed to be a modification of the terms of this Agreement unless thisAgreement is modified as provided above.
page 8 of 14
25. Entire Agreement:
26. Assignment:
27. Payment Request:
28. Cleanup:
COLLECTION EOUIPMENI FACILITY
Proiecl 10734 rb
This Agreement contains the entire agreement of the parties and supersedes any
and all other agreements or understandings, oral of written, whether previous to the
execution hereof or contemporaneous herewith.
It is expressly agreed and understood by the parties hereto, that CONTRACTOR
shall,not have the right to assign, transfer, hypothecate or sell any of its rights under
this Agreement except upon the prior express written consent of ClTy. -
Payment requests shall be submitted to City of Meridian through the City's project
management software. The Project Manager will compare the invoice against the
Payment Schedule in the Agreement for compliance. Upon approval thalthe work
has been done and is in compliance with the Agreement, the project Manager will
approve the pay request for processing. City of Meridian paymenl terms are Net 30
from lhe date city receives a correct invoice. Final payment will not be released
until the City has received a tax release from the Tax Commission.
contractor shall keep the worksite clean and free from debris. At completion of
work and prior to reguesting final inspection, the contractor shall remove all traces
of waste materials and debris resulting from the work. Final payment will not be
made if cleanup has not been performed.
29. Order of Precedence:
The order or precedence shall be the contract agreement, the lnvitation for Bid
document, then the winning bidders submitted bid document.
30. Compliance with Laws:
ln performing the scope of work required hereunder, coNTRAcroR shal comprywith all appricabre raws, ordinances, and codes of Federar, state, and rocargovernments.
31. Applicable Law:
This Agreement shall be governed by and construed and enforced in accordancewith the laws of the state of ldaho, and the ordinances of the city of Meridian.
-'
page I of 14
32. Notices:
Any and all notices required to be given by either of the parties hereto, unless
otherwise stated in this agreement, shall be in writing and be deemed
communicated when mailed in the United States mail, certified, return receipt
requested, addressed as follows:
CITY CONTRACTOR
City of Meridian
Purchasing Manager
33 E Broadway Ave
Meridian, lD 83642
208-489-0417
L2 Excavation. LLC
Attn: Eric Bird, Vice President
28'17 Brandt Ave.
Nampa, lD 83687
Phone: 208-800-0330
Email: eric@l2excavation.com
ldaho Public Works License #020467-A-4
Either party may change their address for the purpose of this paragraph by giving
written notice of such change to the other in the manner herein provided.
33. Approval Required:
This Agreement shall not become effective or binding until approved by the City of
Meridian.
CITY OF MERIDIAN L2 Excavation, LLC
BY BY
TAMMY de WEERD, MAYOR eQ-t c- ErQl> - \)
Dated Dated { /s-/"-
Attest
C.JAY COLES. CITY CLERK
Purchasin App Depa nt App
BY BY:
KEITH S, PU rc ng Manager REN STEWA T, City Engineer
Dated /o
Project Manager
Laurelei M
COLLECTION EOUIPMENT FACILIry
Project 10734.rb
1 Dated o '7
page 10 of 14
Approved by Council:_
SCOPE OF WORK
REFER TO INVITATION TO BID PW-1719-10734.rb
ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the
lnvitation to Bid Package # PW-1719-10734.rb are by this reference
made a part hereof.
SPECIFICATIONS / SCOPE OF WORK
All construction work shall be done in accordance with the current version
of the ldaho Sfandards for Public Works Construction (ISPWC), the 2013
City of Meridian Supplemental Specifications to the ISPWC (and any
Addendums).
lnstall 60x80 pre fab metal shop building at Meridian WRRF site. Project
includes site work and paving work. Bid excludes installation of utilities
(water, electrical, HVAC, heating).
Contactor is responsible for all permits and inspections. The City of Meridian to
pay permitting fees.
General site map is provided. Contractor to verify all measurements.
Metal Buildinq
Supply, deliver, and erect one (1) metal building per the specifications listed
below.
Building Usage:. 5.5 Government, Admin, Service
Plans & Calculations:. 4 sets of stamped plans (Site, Foundation). 2 sets of stamped calculations. 2 sets of final record drawings
COLLECIION EOUIPMENT FACILITY
Project 10734.rb page 11 of 14
EXHIBIT A
Load & Design Criteria:. IBC-2O12 or most current. Occupancy/Risk Category ll. Roof Live 20 PSF. Ground Snow 20. Total Collateral 2.0. Wind Velocity 1'15 MPH
Size:
6Oft deep/80ft long
Eve height 16ft
Building Type:. Gable. Slope 1 :1 2
lnsulation:. Walls R32, Roof R38. Vapor retarder fabric liner that is self-extinguishing and complies
with ASTM 1 136, Types I through Vt; NFPA 701 Large Scale; flame
spread of 25 or less per ASTM E-84 (equivalent to NFPA 255,
ANSI 2.5 or UL/ULC723).
Doors
Four 12fl x 14ft framed openings with insulated overhead door and
openers evenly spaced along the 80ft long south facing eve wall
Two 3070 exterior rated doors, one located along the north wall
and one localed on the south west corner.
Door color to match siding color.
Siding
Two tone with 12ft wainscot, cream (lowefl and dark brown (upper)
- to match color of existing site buildings
Roof - blue to match existing site buildings
Gutters, downspouts and delivery to site to be included.
Site Pre p Work
COLLECTION EOUIPMENT FACILITY
P@jeft 10734.rb
. Dig and compact site for foundation and building slab. lnstall two sleeves for utilities - City to provide placement location of
sleeves
Concrete Slab and Foundation
. Pour concrete slab per pre fab metal building (60xg0) design
page 12 ol 14
4
Exhibit B
MILESTONE / PAYMENT SCHEDULE
Total and complele compensation for this Agreement shall not exceed $00,OOO
Site Finish Work (Asphalt)1 s37,300.00
MILESTONE DATES/SCHEDULE
Milestone 1 Project Completion 90 Days from Notice to proceed
PRICING SCHEDULE
ntitie
oc ntract s a tonot aexceed umo neLint.mite C tn be bep torusedg tceo riticatio an and n vitiaddnaoncreaorsesreasesdecnrkuestedbcleqeThcvtyethocntractoritypabasedvonuaactuaofceahtemofrkaccordnancewithcontheractudoctsmen
Contract Schedule
Item No.ron Quant Unit Unit Price
1 Provide & lnstall Metal Buildin s LS I S114,7s0.90
2 Site Prep Work ts 1 511,600 oo3Concrete SIab and Foundation LS 1 S108.s76.95
LS
COLLECTION EQUIPMENT FACILITY
ProJect't0734.rb page 14 of 14
I contract includes fumishing al-rabor, rnateriars, equipment, and incrdentars as required for the
I collecrroru EoutpMENi FACtLtTy per tFB pw-1719-10734.rb
NoT ro ExcEED coNrRAcT rOrA1........... $u2221i5ll
. Slab thickness- 12 rnches. Pour foundation per metal building specificationo Include trench drain across building and tie into sand/oil separatoro lnstall sand/oil separator in parking area
o Erect prefab metal building. lnstall all doors
Note: City to install water, electrical, HVAC, heating
Site Finish Work
. Grade for and install site drainage, catch basin, and pipe to storm drain
pond
. Grade and pave parking lot (asphalt)
. Grade and pave driveway (asphalt)
o Contractor responsible for verifying location of gas line across driveway. Asphalt specification - 4 inches of three-quarter road mix compacted to
95% and 2 112 inch asphalt mat graded to drain, compacted to 95%
See separate attached documents:
PLANS /DRAWINGS (11 pages)a
COLLECTION EQUIPMENT FACILIry
Project 10734 rb
page 13 of 14
Erect Buildinq
CITY OF MERIDIAN
COLLECTION EQUIPMENT FACILITY
BID ABSTRACT
BID OPENING 17-Apr-17
Item
No.Description Qty Unit Unit
Price
Bid Item
Total
1 Provide & Install Metal Building LS 1 126,000.00$ 126,000.00$
2 Site Prep Work LS 1 12,200.00$ 12,200.00$
3 Concrete Slab and Foundation LS 1 118,000.00$ 118,000.00$
4 Site Finish Work (Asphalt)LS 1 39,000.00$ 39,000.00$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
TOTAL BASE BID 295,200.00$
L2 EXCAVATION
City Of l,lelidian
Statenent of Revenues and Expenditures - Rev and EXp Report - Sandra - Unpostecl Tlansactions Included In Report
60 - Ent€rprise Fuad
3590 - llIY Construction Plojects
Eron L0 / 7 / 20L6 Thr o[g}. 9 / 30 / 20),'7
Budget with
Amendments
Current Year
ActuaL
Budget
Remaining
Percent of
Budget
Remaining
92100
10122
Capital Outlay
WWTP - Bldg improvements
0000
10044
104 44
275,000.04
0 .00
0.00
0. 00
0.00
13,981 -21
140.40
104.40
275,000.04
113,981 .27 )
(140.40)
(104.40)
100. 00*
0. 00t
0. 00*
0. 00r
NON-DEPARTMENTAL
Headworks/Eine Scleens
Waterline Repfacement- SLynhurst Pl, W Pennwood Stto End
Collection Buifding
Plunbing Repair
Total Capl tal Outlay
DEPT EXPENDITUIlES
TOTAL EXPENDITURES
(
65,000.00 48,356.98 16, 643 .02 25. 60r
000.04 62,589.05 410 . 99 81.591
344 000.04 62 589.05 21',7 410 . 99 81.59r
340 000. 04 211 410. 99 81.59t
t
Date. 3/15/l'1 03:15:45 PM
62, Sg9.A5
PublicWorks Search Page I of I
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Parenl
License
Number
1.2
02244
02195
02310
02955
02230
02910
01570,
02500
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LD 43647 6t3412017
LLC 7900
https://web.dbs.idaho.gov/etrakit3/Custom/ldaho publicWorksprint.aspx 51912017
Premium is for the Contract Term and is srbject to adjustment based cn Final Contract Price
#AIA Document A312ilt - 2010
Performance Bond
co}{IR^croft
(None, legal status ad address)
L2 Excavation, LLC
2817 Brandt Ave
Nampa, lD 83687
OY ER:
(Nurre, legal srotas qrd d&ess)
City of Meridian
33 E. Broadway, Suite 106
Meridian, lD 83642
colsIRt fitoil co[TnAgt
Dalc: May _, 2017
Amotmt: $272,?27 85
Description:
(Name and locarion)
SURETY:
(Nan e, legal statui ard principal plrce
of business)
United States Fire lnsurance Company
305 Madison Ave
Monistc,\ /n, NJ 07962
Bond No. 602-1 14866-2
Thls dodnnenl ha! lmpon.nt leg.t
con8equcnc$. ConSuttrtion sr0t
an Stomey F 6ncouraged wltr
lalped to its cdnpleUon o,
modllcatidl.
Any Blnqdar rEftllnca lo
Conhadoa, Surety, OirEr or
olher r,arty shall be coBtdor€d
plw.l rifi ere.ppllcabh.
AA Ooorment A31 2-2010
coltbiies trfro BaparEte boltd3, a
Performance Bond and s
Pafnent Bord, lnto orE fofm.
Ihlr is not I sirue co.r$hed
Perfonnanc6 arld PaynEnt 8ood.Pro,ect No. 10734.rb
Collection Equipment Facility
BONO
DdEi May _,2017
(Not eoliet Itpn Corrstruction Co r@t Date)
COI{IRACIOR AS PRINCIPALCompany: (Corporate Seal)
L2 Excavation
D See Section 16
SURETY
s
ame
and Title:
the la,E page ofthis
C
Jennifer Grenrood, Attomey-in-Fact
Per/on pnce Bond.)
U
(FOR INFORMIflON ONLY - Narne, dddress and telephote)
AGEI{I or BRONGR: OWNER,S REPRESE IAITT,E:
pinnacle surety and lnsurance services (Architecl' Wneer or o cr party)
5605 Overland Road
Boise, ldaho 83705
208-3/54177
Seol)
tntt AIA Oocurxrt AIIZE - 2010. Th. Ant ri:.n !.r!t b otArchtEcb.
1
Amolllrr: $272,227 .85
Modific.tions to thi! Bond: E Nonc
Signaturc:
and Titl€:
S I The Cont actor and Suety,jointly and severally, bind themselves, their heirs, executors, administrators, succcssors
and assigns to the Owner for the performance ofthe Construction Contract, which is incorporated hercin by rcference.
S 2 Ifthe Contractor performs the Conslruction Coltnct, the Surety and the Contractor shall have no obligation under
this Bond, cxcept when applicable lo panicipatc irt a confcrcnce as providcd in Section 3.
$ ! Ifthere is no Owner Default ulder the Construction Contract, thc Surcty's obliSation under this Bond shall arise
after
.l the Owner fust prcvid€s notice to ths Contactor and the Surcty that the Ovmer is considering declaring
a Contnrctor Default. Such notice shall indicate whelher the Owner is requesting a conference among
thc Owner, Contactor and Surrty to discuss lhc Contractior's performance. lfthe Owner does not
request a conference, the Surcty may, within Iivc (5) busincss days aftcr reccipt ofthc Owncr's notice,
request such a confctenc.€. Ifthe Surety timely rcquests a conference, thc Ovmcr shall aftend. Unless
the Owner agrees otherwise, any conferenc€ requested under this Section 3.1 shall be hcld withi[ tcn
(10) business days ofthe Surety's r€c€ipt ofthe Owner's tlotice. Ifthc Own€r, the Cootractor and the
SurEty agree, the Contractor shsll b€ allowed a rcasonable time to perform thc Construction Con&'ac!
but such an agrcemenr shall nol waive thc Owner's right, ifany, subsequently to decl8E a Contractor
Defsult;
-2 the Ovmer declares a Contractor Defsult, terminates the Consrucdon Contr&ct 8nd notilies rhe Surety;
and
.3 rhe Owner has agreed to pay thc Balance ofthe Contract Price in accordsnce with the tems ofthe
Constuction Contract to thc Suety or to a contractor selcctcd to perform lhe Constnrction ConEact.
5 4 Failure orr the psn of thc Owner to comply with the noticr requirement in Section 3.1 shall not constitute a failure
to comply with a condition pr€c€dent to the Sutety's obligations, or releesc the Surety from its obligations, exccpt ro
thc extent the Sur€ty demonsEatcs actual prEjudice.
$ 5 Whcn rhc Owncr has satisficd thc conditions ofScctioo 3, thc Surcty shall promptly and at the Sucty's cxpcnse
uke one ofthe following aaions:
$ 5.1 Arrangc for the ConFactor, with thc consent ofthc Owncr, to perform and complete the Constuction Contrsct;
S 52 Undertakc to perform and complete rhc Construction Contract itsclf, through its agents or indepcndcnt
conEactors;
5 5.3 Obtain bids or negotiated prcposals from qualified contractors acc€ptable to the Owner for a contnct for
pcrformanc€ and complaion ofthe Construction ConEact, aranSe for a contract to be prspar€d for ex€cution by the
Ownet and a con!'actor s€lectcd with the Owncr's concuEence, to be secured with pcrforman* atld payment bonds
executed by 8 qualified surety equivalent to lhe bonds issued on the Constuction Con!-act, and pay to thc Owner the
amount ofdamages as dcscribed in Section 7 in excess ofthe Balance ofthe Contract Price incuncd by the Owner as
a resuh oflhe Contractor Default; or
S 5.,4 Waivc its ght to pcrform and complctc, arange for complction, or obtain a new contractor and with reasonable
ptgmptress uoder lhc circumstances:
.l After investigation, determine the amount for which it may be liable to the Owner and, as soon as
praclicable after the amount is detcrmined, mske payment to the Owner: or, Deny liability in whole or in pafi and noti& the Owner, citing the ressons for denial.
$ 6 Ifthe Surety docs not procced as provided in Scction 5 with rcasonablc promptness, th€ Su€ty shall be d€emed to
be h default on this Bond sever days after reeipt ofar 8ddilional written notica fiom thc Owncr to the Surcty
demanding that thc Surcty p€rform its obligations under this Bond, and the Owner shall be entitlcd to cnforce any
rEmedy available ro the Owncr. Iflhe Surety proc€eds as pmvidcd in S€ction 5,4, and the Owner refuses the payment
or the Surety has denied liability, in whole or in par! without funher notice the Owner shall be entitl€d to enforce ary
remedy available to the Owncr.
2
tntl /lll O.curxnt A!l2r - 2010. Tn Anrric.n ln tlllrb ol Arcnh.cn.
I
S 7 Ifthe Suety €lecls to acl ulder Section 5.1, 5,2 or 5.3, then the responsibilities ofthe Surety to the Own€r shall rct
be greatcr than those ofthe Contrastor under the Constn ction Co ract, and the rcsponsibilities ofthe Owner to the
Sur€ty shall not b€ gr€ater than lhose of the Owner under the Construction Contract. Subjcct to the commitmcnt by the
O\irer to pay the Balance ofthe Contract Price, the Surcty is obligated, without duplication, for.l the responsibilities ofthe Contractor for conection ofdefective work and completioD ofthe
Coostruction Contract;
.2 additional legal, design professional and delay costs resulting from the Contractor's Default, and
rEsulting from the actions or failue to acl ofthe Surety under Section 5; and.3 liquidated damagcs, or ifrto liquidated damages are sFcified in lhe Construction Contact, actual
damages caused by delayed performance or non-performance ofthe Contractor.
S E Iffte Sut€ty elccls to act under Section 5.1, 5.3 or 5.4, the Suety's liability is limit€d to the amourt of rhis Bond.
$ 9 The Surcty shall not be liable to the Oumer or olhers for obligatiom ofthe Contsactor that are unrelated to the
Construction Contact, and th€ Balance ofthe Contract Pric€ shall not b€ reduced or set offon account ofany such
unrelated obligations. No right ofaction shall accrue on this Bond to any p€rsoo or entity other than the Owner or its
heirs, ex€cuton, administrators, succassols artd assigns.
$ l0 Thc Surety hereby waives notice ofany change, including changes of time, to the Consauction Contract or to
rglatcd subcootracts, purchase orders and other obligalions.
S ,l Any procecdirlg, legal or equilable, under this Bond may be instituted in any court ofcompstentjurisdiction in
the locatiol in which the wor& or pan ofthe work is located and shall be instituted within two yeals affer a declaiation
of Contactor Default or within two yean after the Contactor ceased working or within two years after the Surety
refiises or fails to perform its obligations under this Bond, whichever occurs fiIst. lfthe provisions ofthis Pa.ragraph
are void or prohibited by law, the minimum period of Iimitation available to sueties as a defense in rhe jurisdiction of
th€ suit shall be applicable.
$ 12 Notice to the Surety, the Owner or the Contractor shall be mailed or deliver€d to the addr€ss shown on the page
on which their signature appears.
$ 13 When this Bond has been fumished to comply with a statutory or other legal rcquircment irl the Iocation where
the consfuction was to be perform€d, any provision in this Bond conflicling with said statutory or legal rEquiremcnt
shall be decmcd deleted herefrom and proyisions colforming to such slatutory or olher legal requirement shall be
deemed incorporated herein. When so fumished, the intent is that this Bond shall be consmEd as a statutory bond and
not as a commo! law bond.
S l4 Dcfinruon!
S l4.l Bllanco of lhs Conbac't Pdco. The rotal amount payable by the Owner to the Contactor under the Consfuction
Cooaad after all proper adjustncnts have been made, including allowanc€ to the Contactor of any amounts Fceived
o. to be rEceived by the Owner iD settlement of insurance or othcr claims for damages to which the Co[trac-tor is
cntitlcd, reduc€d by all valid and proper payments made to or oo behalfofthe Contractor under the Constnrction
Contrsct.
$ 'ld2 Con!&ucton Co rrc{. The agreement between the Owner and ConEacto! identi{ied on the cover page,
including all Contract Docum€nts and changes made to the agreement and the Contract Documeots.
S ll.3 Codhctor O€fault Failure ofth€ Contractor, which has not been remedied or waived to perform or otherwise to
comply with a material term ofthe Construction Contract.
S t4.1 Ormcr Dcfault. Failure ofthe Own€r, which has not been remedied or waived, to pay the Co[tractor as rpquirEd
undcr thc Conskudion Contract or to perform and complete or comply with the other matedal tfins ofthe
Constuction Contract.
5 14.5 Contac{ Doalmcnte All the documents that crmprise the agre€ment betwcen the Owner and Contractor.
0 15 If this Bond is issued for all agraement between a Contractor and subcontractor, the term Contractor in this Bond
shall be decmed to be Subcontractor and the term Owner shall be deemed to bc Cootractor.
lntt AIA Oocum.rlt A3l2n - 2OtO,Ih. Airorican tn.uub of A,rhibca..
3
I
Signaturc:
Namc and Titlc
AdrEss
(Space is provided below lor qdditional sigratures ofqdded WtieE, othet than those qpearing on tlp cover page.)
COIJIRACTOR AS PRII{CIPAL SURETYCompuy: (Corporure Seal) Company: (Co?porate Seal)
Signature;
Name and Title:
Address
CAUIIOII: You lhould llglt an orlgin.l AIA Conr.d oocumont, gn whlch t rlr t rt.ppo.E t.t RED. Ar ortgtn.t lsgurlr th.tchlng- tlll not bo obscured.
lnll AA Ooqrnrot A3'l2r -2010. na ArEdcrn tnlttut! o, Adttcctr.
4
$ 'l 6 Modifications to this bond are as follows:
None
POWER OF ATTORNEY
IJ\'ITED STATES FIR.E INSURANCE COMPAI{Y
PRINCIPAL OFFICE . MORRISTOWN. NEW JERSEY
UI_ITED STATFS FIRF, NSTMANCE CO]VIPANY
0313,14261 18
KNow ALL MEN BY TTIESE PRESENTS: That united ststes Fire Insuraice co,npany, a corporatioa duly organized and cxisting under thc laws ofthestate ofDelaware, has made, constituted and appointe4 ard does hercly mate, constitu-te ina app6int
Jeniiler Grenrood
eSch' its.fu.e.and lawful Attomey(s>Itr'Fact' with fullpo*er and authority hercby confened in irs nalne, plaoe and stea4 to exccute, aclinowledgc afld deliverlny and ar bonds and undertakings of suety snd othe. doc.mels thu the oriinary coune of sureay [*in"rr ^ui-r]qrir", &rd to bind united srates FileInsu'ance companv thercbv as fullv aad to dte same exent ss ifsuch bonds or undenakings ua *"o airry "i""rll .i.,i "lL,o*r"ag"o uy the reguta,.ly elededofEc€rs of united statcs FiJe tnsuance company at irs principal om"a, ln
-u]no-s
ot panalties not exceeding: seveD MillioD, Five Hurdred rhousandDollsrs (S7,500,000).
This Po\rEr of Attorney limits the 8ct of those named therci! to the bonds and undenakings specifica y named thereiD, alrd they have no aurhority to bindUnited States Firc Iosuruce Company except in the manner and to the extsnt thcrrh stated.
This PowEr of Attomey rcvokes all prEvious Powe6 of Attomey issued on behalfofthe Attorreys-ln-Fact nam€d above and expires oo January 31, 201g.
This.Poucr of Attomey is granted puEuant to Article rv of the By-laws of united ststes Fire I.sur6nc€ Company as now in full force 8rd effect, ardcoDsistent with Afiicle III thcreof. which Arricles provide. ia pcninenipan:
Aricle Iv, Executiod oflnstuments - Except as the Bosrd ofDirectors may authorize by resolution, the Chairman of the Boad, president,
any vice'Presideri! any Assistarf vice President, tle secretary, or any Assisiant Secretary shan ur" po*"r on u"rr"rfofthe corporation:
(a). to execute, affix the corporate s€81 mrnually or by facsimile to, acknowledge, veriry and deliver any c{ntEcts, obligations, iDstruErentsand documents *fialsoever in connection with its buainess itrcludin& without riroitlnq irr. fo*€"irg,;r;;r, g"r*rtees, Edenakings,recogrizerces, powers of attomey or rcvocations of any pt*.s oiiuo-oy, stipulaiions, poriiies ii lai,rancr, ieeds, leases, mongages,releases, satisfactions and agency ag.eements;
(b). to-aPpoiot, in writing' one or mor€ persons for any or all ofthe purposes mentioned in the pEceding paragaph (8), including affixing fteseal of the Corpolation.
Article III, officers, sectioa 3.11, Facsimile signaturts. The signaturc of any offic.er authorized by the coryoration to sigr sny bonds,guarantees, uldertakings, I€cognizanc€s, stipulaions, powen of anomey or rcvocations of any po""o oiunoni"y -d policies of insuanceissued by tbe gorporation may be.printed. facsimile. Iithographed or otierwise producea. In'atdition. ii *J ""-Lrr,".ir"a ty the Board ofDirectorq dividend \4armnts or checks, or other numerois instrumeots similar to one *otter in-6n,,-ray f, signed by the facsimile
::*T,":^':f_"T: ,lryg"pl"a or otherwise produced, of such officer or officers of tt e corpo.ation ls fiom time to time may beauuonzed to slgn such rnstrumeots on bchalf ofthe Corporatioa. The Corporation may gontinue to use for the pu4roses herein satej the&csimilo signaJure ofany pe6on o! persons who shall have been such officci or oflicers ortrr" co.poration, not*iiistanding the fact thal heInay l\qve c€as;d to be such at the time when such insruments shall be issued.
MrrNEss WHDR-EC,!, United states Fire Insurance compaoy has cgused these preseots to b€ signed and attested by irs appropriate ofticer aDd itscorflorde seal he.cunto a6xcd rhis loe day ofMarch. 2016.
(@i
I
/1 . i
Stare ofNe\^ .leNey)
CountyofMorris )
Anthony R. Slimowicz, Senior Vice President
Jccey, came the above oamed officer of United Stales Firc Insuratrca
ard acknowledged that he executed the foregoing hstument and affixed
,l]\t ]--r d-
Sonia Scala (Notary Public)
On this 10rh day of March 2016, before me, a Notary public of the Stare of New
Compatry, to mc lersosally loown to be the individual and officer described hereirL
the seal ofulited Stares Fire Insurance Compary thereto by tle au6ority ofhis oflice
SONIASCALA
N-OTARY PUBLIC OF Nf,w JERSEY
My coMlrflssloN EXPIRES 32s/20 19
I, the undersigned oIfic€r ofurdted stales Firc Insurance Company, a Delawal€ corpoEtioo, do hereby cenify thal $e origilal pow€r ofAttomey ofwhich theforegoiDt is €. :,irli, true and correct copy is still in force and effect snd has not been revoked
IN WTTNESS WIIEREOF, I have hereudto set my hand and aftixed the corporate s€al ofudted States Fire Insurancc Compaay on the / day of
LNITED STATES FIR! rI-SIr'RANCE COMPANY
t) ti l;
Al Wrigh! Senior Vic4 President
vu2Nl
I
@ 'i
#AIA Document A312TM - 2010
COIITRACTOR:
(Ndrne, legal sratus dnd adbess)
L2 Excavation. LLC
2817 Brandt Ave
NamDa. lD 83687
OWI{ER:
(Name, legal slartus and ad*esl)
City oI Meridian
33 E. Broadway, Suite 106
Meridian, lD 83642
co sTRucrr,t{ coNTRAgr
Date: May ,2017
l11nsynr $272,227 .85
Description:
(Ndne qnd locorion)
SUREW:
(Name, legal slqlus and principal plte
ofburbex)
United States Fire lnsurance Company
305 iladison Ave
Morristown, NJ 07962
Bond No. 602-114866-2
Ihls doojrr.r h.s importsnl legal
cona€quences. ConEdlrtlon wilh
an attorney b enco{raged wtth
a€ap€d to iti complcUon or
modlfcstlo{l.
Any slrEular refsrence to
Cor rador, Surety. Ovirlor or
ohe. p8.ty shall be corutd6r6d
plural *taI! apFllcablr.
AIA Docrlrr|cii A312-m10
comblnca t'r{o s€par.le bords, s
Perforinance Bond and s
Payrrcnl 801ld. inlo onc brm.
Tli! ls nol a 3ingae comuned
Performuca and Pa,nEnt Bdd.Pro,ect No. 10734 rb
Collection Equipment Facility
80t{0
Dsl6j May _,2017
(Not eqlier ,t an Conttrucrion Contact Dqte)
Amornt $272,227 .85
Modilications to this Bond: !! None
COTflRACTOR AS PRIiICIPALCompany: (Corporate Seal)
L2 Excavation
Signaturc:
Name E?-r c-
E See Scction 18
SURETY
Company:
Uni
(c
surance Com
Name Jennifer Grenrood, Attorney-in-Fact
and Titlc: !1a.6-@,gS rSeJlf and Title:
(Ar,y additional signonres appear on tlc lasl Wge of his payrrErrt Bond-)
(FOR INFORMAT:ION ONLY - Narne, address and aelephore)
AGEI{T or EROKER: Ot{t{ERS REPRESET{IAIIVE:
Pinnacle Surety and lnsurance Services (Archi'ect' Engineer or olher Party:)
5605 Overland Road
Boise, ldaho 83705
208-3454177
I
lnlt AIA Oocurrra All2E - 20i0. Tho A,ll.lirn tn3titub ot
^nllftlcb.5
Payment Bond
$ 2 lfthc Contractor promptly makes payment ofall sums due to Claimants, and defends, indemnifies and holds
harmless the Ovmer from claims, dcmands, licns or suits by any persol or entity seeking pafnent for labor, materials
or equipmeot fumished for use in the p€rformuce oflhc Construction Contract, then the Surety and the Contractor
shall havc no obligation under this Bond.
$ 3 Ifthere is no Owner Default under the Constuction Contmct, the Surety's obligstion to the Owner under this Bond
shall arisc after the Owner has promptly notificd the Contractor and the Surety (at the address described in Section 13)
of claims, demands, liens or suits against the Owner or thc Owncr's propcrty by any person or cntity sceking paymc
for labor, materials or equipment fimished for use in lhc pcrformance ofthe Construction Contract atld t€ndcrcd
defcnse ofsuch claims, demands, liens or suits to the Contactor and the Surety.
!,0 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly 8nd at the SurEty's expeose
dcfcnd, indemniS and hold harmlcss thc Owncr against a duly tenderrd cl8im, demaod, lien or suit.
$ 5 The Surety's obligations to a Claimant undcr this Bond shall aris€ after the following:
S 5.1 Claimants, who do not have a dirEct coni'act with the Contractor,.l have firmished a wrinen notice ofnon-paymenl to the Cootractor, stating with substantial accuracy the
amount claimed and thc name ofthe party to whom the materials were, or cquipmcnt was, firmishcd or
supplied or for whom the labor was done or performed, within ninety (m) days after having last
lrerformed labor or last fitmished materials or equipment included in the Claim; and.2 have sent a Claim lo the Surcty (at th€ address described in Sectioo t 3).
S 5, Claimants, who arc employcd by or have a direcl contt-act with the Cont.actor, have sent a Claim to the SuEty (at
the address described in Section l3).
! 6 If a notice of non-payment required by Section 5.1.1 fu given by the Owner to ihe Contractor, that is sufficient to
satisry a Chimant's obligation lo fumish a written notice of non-payment under Secrion 5. I .l .
S 7 When a Claimant has satisfied the conditions ofS.ctions 5.1 or 5.2, whichever is applicable, rhe Surety shall
pmmptly aod at thc Surcty's exp€nse take the following actions:
S 7,1 S€nd an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt ofthe Claim,
stating thc amounti that are undisputed and the basis for challenging any amounts that arc disputed; and
$ 72 Pay or arrange for payment of any undisputed amouna.
$ 7.3 The Surety's frilure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed ro
constitute a waivcr ofdefenses rhe Surety or Contractor may have or ac4uire as to a Claim, excrpt as to undisputcd
amounts for which thc Surety and Ctaimant havc reached agreement If, however, the Surety fails to discharge its
obligatioos under Section 7.1 or Section 7.2, the SuEty shall irdcmniry fte Claimant for thc reasonable attornry's
fees the Claimanf incuE thereafler to recover any sums found to be due and owing to the Claimant.
S E Thc SurEty's total obliSatiotl shall rrol exceed lhe amount ofthis Bond, plus the amount ofrcasonable attorney's
fces providcd undcr Section 7.3, and the amount ofthis Bond shalt be credited for any payments made in good f;ith
by the Sulety.
$ 9 Amounts owed by the Owner to the Contractor under the Construction Contmct shall be uscd for the performance
ofthc construction contract and to satisry claims, ifany, undcr any construction performance bond. By thecontractor fumishing and the Owncr accepting this Bond, lhey agree that all fundi eamed by the Contractor in theperformancc ofthc consmrction conEact are dedicated to satis! obligations ofthe conta;r and suet ;nJe;;isBond, subject to the Owner's priority to use the funds for the completion ofthe work.
5
lnlt AlA Docum.nt A!,tzr - 2O.tO. Th€ AnEncan hltitub oa AEhit c6-
S I The ConFactor and Surcty, jointly and severally, bind themselves, their heirs, executors, administrators, successo$
and assigns to the Owner to pay for labor, materials and equipment fumished for usc in the performance ofthe
Constuclion Contact, which is incorporated herein by reference, subject to the following terms.
! l0 The Surcty shall not be liable to the Owner, Claimants or others for obligations ofthc Contractor that are
unlelated to the Construction Conmct. The Owner shall not be liable for the paymcnt ofany costs or cxpcnses ofany
Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notic€ on behalf
of, Claimalts or otherwise have any obligations lo Claimants under this Bond.
! ll The Sur€ty hercby waives noticc of aDy change, including changes oftime, to lhe Construction Contract or to
rel.ted subcontract, purchase orders and othcr obligations.
$ 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court ofcompetent
jurisdiction in the stste in which the projcct rhat is the subject ofthe Construction Contract is located or afte. the
erpiration of one ycar from the date ( I ) on which the Claimalt sent a Claim to the Surety pursuant to
Section 5.1.2 or 5.2, or (2) on which the lan labor or service was prerformed by anyone or the last matcrials or
equipmert werc filrnishcd by anyone under the ConsEuction Contract, whichcver of(l ) or (2) first occurs. lfthe
provisions oflhis Paragraph are void or prohibited by law, the minimum period of limitation available to surcties as a
defense in thc jurisdictiou ofthe suit shall be applicabl€.
$ 1 3 Noticc and Claims to the Surety, thc Owner or the Contractor shall be mailed or delivcred to th€ addr€ss shown
on thc pagc on which their signature appcars. Actual rcceipt ofnotice or Claims, however accomplished, shall be
sufficient complialcr as ofthe date rec€ived.
$ l,l When this Bond has been firmished to comply with a statutory or other legal requirement in the location where
the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requiremcnt
shall bc dccmed deleted hercfrom and provisions conforming to such statutory or other legal requirement shall b€
decmed incorporated herein. When so fumished, the intenr is that this Bond shall b€ corlstsued as a statutory bond and
not as a common law bond.
$ 15 Upon rrquest by any pcrson or entity appeating to b€ a potential beneficiary ofthis Bond, the Conuactor and
Owncr shall promptly fumish a copy ofthis Bond or shall permit a copy to be made.
S 16 Mnlton
S 16,l Claim. A writtcn statemeot by the Claimant including 8r a minimum:,l thc rame of the Claimant;
2 fic name of thc person for whom thc labor was done, or matedals or equipmena fumished;.3 a copy ofthe ageemcnt or purchase order pusuant to which labor, materials or equipment w8s
fumishcd for use in thc performance of thc ConsEuction Contract;,tl a briefdescription ofihe labor, materisls or equipment fumished;.5 the &tc on which the Claimart last performed labor or last firmished materisls or equipment for use in
the performancc ofthe Conslruction Contracti.6 thc total amount earned by rhe Claima[t for labor, materiats or equipment fumished as ofthe date of
the Claim;
., the total amount ofprevious payments r€c€ived by thc Claimanq and.8 the total amount due and unpsid to lhe Claimant for labor, materials or equipmcnt fumished as ofthe
date of thc Claim.
! l6'2 Chlmtnt An individual or entity having a direct contract with the Contractor or with a subcontractor ofthe
Contmctor to fumish labor, materials or equipment for u-se in the performance ofthe Corstruction Contract. The term
Claimant also includes any individual or entity that h8s rightfully assert€d a claim under an applicable mechanic's lien
or similar statuie against the rEal property upon which the Project is located. The intent ofthi; Bond shall be to
include \f,ithout limitation in the terms "labor, materials or equipment" that pan ofwater, gas, power, light, heat, oil,
gasoline, tclePhonc scrvice or rental cquipment used in the Constuction Contract, architecturai and engineering
services rcquired for performance ofthe work ofthe Contracto. and the Contactor's subcont actors, aid ull otier
ilems for_which a mcchanic's lien may be assened in thejudsdiction where thc labor, matcrials or equipment were
fumished.
S i6.3 comtruction conkact rhe agrecment bctwe€n the owner and conractor identified on the cover page,
hcluding all contract Documents and all changes made to lhc ageement aod the contract Documents.
7
lntl al^ ooculn.nl a!l2t - 2010. Ti. Amdic.n tnliftrb ot arcnibct!.
S tC.a Omat Ddtut Failuc of the Owner, which h&5 not b€er rrmcdied or wBivc4 to p6y thc Contsstor 8s rcquircd
undar thc CorlsAuctioll Cootact or to pcrform and cornplstc or comply with tic othcr matcrial telrrs of dle
CorEtustioo Contr8ct
S lC.s Contrct Doarnanta. All thc doc,umcnts thal comprirc thc sgrDcmer bctrvecn the Owncr and ContrsEtor.
5 l, lfttis Bood is i$u€d for !n agrccrnent bctwccn I Contactor rrd slbcontsclor, the Erm Cootsactor h thi! Bmd
sh8ll be dcctttcd fo bc Subcontrsclor and the tcrm Owncr shall bc drcmed to bc Contractor,
! it Modi6c{tion5 to this bond 8t! as follows:
None
(Spc it prwidcd bclov lor oAiiorpl sigtptures of ad&d p@ties, otbr thor those qpoing on tlc cover pge-)
C(XTR^CTORAS PRNIGPA SURETTCofirpsny: (Corporute Seol) Company: (Corpuote Seol)
Signmlc:
Nroc rd Titlc:
Addrtrs
Signature:
Namc and Thlc:
Addrcsg
CAlrTlOfl: You .hould .len.nch&g- wlll nol ba obculld.
orlgtn l AIA Cont .qt Ooclrlrtn! on uhlch ihb t xt.p9-r. tn REO. A,l orlelltat Eu.. th.t
tnt fl^oooltEr Alrt - 2Ot0. Th. Anuic.n tndtrE ., Arcnb.
8
0313+426118
KNow ALL MEN BY THESE PRESENTS: That united states Fite Insu.ranc! co&pany, a corporation duly orgaoized and existhg under the laws oflhestlte ofDele*are, has made, constituted and appointe4 ard does hereUy maki'constitute ana appoiat:
.lennifer Grunrood
eactl its rue and lawful Attomey(s)'In-Fac! with fullpower and authority hereby conferted in its oame, plaoe and stead to execute, acknowledgc and dcliverAny ard all bonds and undertakings of suety and other documents thaiae oriinary coo.se ofsurety business may require, and to bind udted states FireInsuraocc compary trercby as fullv and lo *ti same excnr as ifsucr, u""at ", *a-an tirgr bad bceo duly executea a;d alicrowreogea uy the regutarly electedoffic€rs of united stares Firc llsuratrce compsny at il5 principal om"", ln-ulno-*s or p.nalties not exc€9ding: sevetr MillioD, Five Huldred ThousandDollars (37,500,00).
This Power of Attomey limits the act of those named thercin to the bonds and uldertaklDgs specifically rlamed therein, aDd th€y have ,lo autbority to bi[dUnited States Firc lDsurance Compaoy except in the maoner ana to ttre exicnt thqrJn statea.
This Power of Attomey rcvok€s 8ll previous Poq,Ers of Attomey issued on behalfofthe Attorneys.In-Fact named above arld expires on January 31, 201g.
This Pogrcr of Attomey is graDted pursu&It to Article Iv of rhe By-Laws of united states Fi.e lnsuranc4 company as now in full force 8rd effect, andc.Dsistent with Anicle III thereof, which Anicles provide. in penineoipart:
Article IV' Execution oflnstuments - Except as the Bosrd ofDitectors may authorize by resolutioq the chatman ofthe Board, presidenq
8ny vice'President, any Assistant vice President, the secrctary, or any Assistalt secrEtary sha.ll have po14€I on behalfofthe corporation:
(a). to execute, afrx the co.porale seal nalually or by facsimile to, aclobwledge, veriry and deliver any contacts, obligatiols, instrumentsartd docunents $fiatsoevff in comection with its busiaess including without limiting'th. Or.going,;,. b;odi, gr.or""., undertakings,r€cognizsnc€s' pou€rs of atlomev or revocations of any por'rers of-attomoy, stipularionq p.riii"ii'r irl*-a",' d'ceos, lcaseg mortgages,rcleases, satisfactions ard agency sgreemenE:
(b) to appoiot, in writing, one or mo.e pelsons for ary or all ofthe purposes mentioned i! the prcceding paragraph (s), includiqg sfnxiog thesesl ofthe CorpoBtio&
Article IIl' officers, sectioD 3.1t, Facsimile Signaturcs. The signature of any olficer rythorized by the corporation to sign ary bonds,gua'antees' undenakings. recognizanc€s, stipulations. powers of aiomey or revocarions of any powers or unoi'"y *a pori"les of insuranceissued by tbe corporatiou mav be printed- iacsimile. lirhographed o, oti"-Jr. producrd. I! additioD. ifand ss authorized by the Board ofDirectors, dividend uaranrs or checkg or other oorn..L inrtrrr"ntr-ri^ ar ,o on" anotr- i"-ilr,r,-.li # ,igr"d by rhe facsim esignatu€ or sigutu'es, lithographed or otherwise produced, of such ofrcer or officers or tlre corpoor-ionls
-&o;
time to time may beauthorized to siEl such instsuments on behalf of th; corpontion. The Corporarion may continu" to u"" foi th"lurposes lerein stared thefacsimile sisnature of anv person or pelsons who shall have been sr"[ "tr;;;;;;;;"ffi; 3;;;il:;.;il-r,a!dins rhe fact thar hemay have .€ased to be such at the tjme when such instruments shall be issued.
POWER OF ATTORNEY
UMTED STATES FIRX INSI,IRANCE COMPANY
PRINCIPAI OFFICE - MORRJSTOWN. NEW JERSEY
N ll1'l\Dss \l'HEREotr' united states Fire Insurance company has caused rhese pres€nts to be signed and attesred by its app.opriate omcer and itscorporatc seal hereunto a-ffixed this 106 day ofMarch.2Ol6.
LNITED STATES E'rRE TNSITP A NCE COMPA]\Y
/l
Anthony R. Slimowicz, Senior Vice president
Stste ofNe[. -lerss,
County oflvlorns )
on this l0'h day of March 2016' before me, I Notary public of the stste of New JE6ey, cao,e the above named office, of united states Fi,. I[suratrcecompany, to me personally kqovn to b€ the individuai urd officcr doc,i*aLnir,, ,oa
"l,ino,rreagea
trr* r,e e*""rtlJ tie roregoing instruoent atrd afrxedthe seal ofunited Stales Fire Iosuranca Company thereto by the authorit;iil;ii*.
SONIA SCALA
NOTARY PIIBLIC OF NEW JERSEY
MY COMMISSION EXPIRES 32Y2O19I the undenigncd officer ofunited States Fire Insuraace Company, aforogoilg is a irll, rrue aod correct copy is still in forc.e aad effect and
P{ WTTMSS }VII0RIOF, I have hereunto ser my hand and affixed
'@
Sonia Scala
Delawarc corporaliotr, do hercby certiry that the origi.oal powEr ofAttomey ofwhich thehas not been rcvok€d.
,l
-,<l ,k"1*
the corporate seal ofUnited Shres FirE Irsuance Coopaay on the Z aav otflly'J.nOlLMTED STATES FrRX rI*SURANCE COMPANi - d-'I{, I inj l-;h j) li..,]
Al Wright,Senio. Vic€ Prcsident
@
(Notary Publio)
AC]ORTf CERTIFICATE OF LIABILITY INSURANCE DATE (MIII/DOTYYYY}
5 / 3/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO CONFERS NO RIGHTS UPON THE CERTIFICATE HOLOER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMENO, EXTEND OR ALTER THE COVERAGE AFFOROED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
PRODUCER
BaL]-enger IaBurance
P O BOX 450
NAMPA rD 83653
INSURED
L2 EXCAVATTON LIC
2817 BR,AIIDT AVE
NAr'IPA rD 83687
COVERAGES CERTIFICATE NUMBERCLl 541 900172 REVISION NUMBER
CE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWTHSTANDING ANY REOUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR IUAY PERTAIN, THE INSURANCE AFFORDEO BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS
EXCLUSIONS ANO CONDITIONS OF SUCH POLICIES, LIMITS SHOWN I\.,IAY HAVE BEEN REOUCED BY PAID CLAIMS,
'YPE
OF IIISIJRANCE NUMBER LIMI'IS
THIS IS TO CERTIFY THAT THE POLICIES OF INSURAN
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CITY OF I,IERIDIAN
33 E. BROADWAY AVE STE 106MERIDIAN, ID 83 642
(208 ) 898 -5s01
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AUIHORIZEO REPRESENTATIVE
Anna Scott,/ANNA
CERTIF tcA TE HOLDER CANCELLAII ON
o 1988.2014 ACORO CORFACORO 25 (2014/01)
lNSO25 r:oranl The ACORD name and logo are registered marks of ACORO
ORATION. A righta reservedyt
lMPoRTANT|lfthecertificat6holderisanADDlTlo}lALlN
thg terms and conditions of the policy, cortain policies may require an endors€ment A statement on this certiricate doos not conf6r rights to tho
ce.tificato holdor in lieu ofsuch endorsem6nt(s).
Jared Cur]-
lzoa) 466-4944
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IS AN ADDITIONAI INSURED.
a*-
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 6Q
PROJECT NUMBER:
ITEM TITLE:
Approval for Finance fo Pay Vendor Payments of $1,602,154.71
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
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund ABOUT THE KIDS, INC.instructor fee - Learn to Love Lacrosse 4/3-4/24/17 -
qty 5
144.00
01 General Fund ACTION FORKLIFT SERVICE service & repair on Lanark Parks Shop forklift 758.60
01 General Fund ADA COUNTY SHERIFF'S OFFICE 17-0285, 220/3rd quarter Dispatch Services 21,667.30
01 General Fund ADVANCE AUTO PARTS credit on lube for equipment - qty 1; ref 7273-175959 (5.74)
01 General Fund ADVANCE AUTO PARTS oil filter for Heroes Park Hustler Super Z Mower - qty 1 2.03
01 General Fund ADVANCE AUTO PARTS spray paint for shop equipment - qty 2 12.86
01 General Fund ADVANCE AUTO PARTS wiper blades for fleet truck 7 - qty 2 23.90
01 General Fund ADVANCED COMMUNICATION SYSTEMS 220/7 single headsets, 1 HD wireless Headset system 9,423.00
01 General Fund ALICE HENKE instructor fee - Zumba Gold 4/4-4/25/17 - qty 1 25.60
01 General Fund APEX INTEGRATED SECURITY
SOLUTIONS
Security Camera Repair 90.00
01 General Fund AUTOMATIC RAIN CO DBA HORIZON small engine parts for Settlers Park - qty 11 31.91
01 General Fund BATTERIES PLUS Battery Eliminators for Portable Radios - Qty 6 178.50
01 General Fund BERRY ELECTRICAL SERVICES, INC.17-0050, Pole 3366B replaced Lamp 54.50
01 General Fund BME FIRE FIGHTER SUPPLY, LLC.220/Boots, D. Jones 283.90
01 General Fund BOE - Boise Office Equipment XPN547404, Additional Copies, 3/22/17-4/21/17 846.31
01 General Fund BOISE RIGGING SUPPLY chains for 24 ft deck over trailer - qty 4 167.56
01 General Fund BOISE RIGGING SUPPLY clevis shackles to mount on trucks 29 & 30 - qty 4 71.56
01 General Fund BOISE RIGGING SUPPLY hook & chains for trailers - qty 7 261.97
01 General Fund BOISE RIGGING SUPPLY hooks for blue box trailer safety chains - qty 2 36.16
01 General Fund BOISE SOFTBALL UMPIRES ASSOC.17-0253 softball umpire services 4/17-4/21/17 - qty 35
games
945.35
01 General Fund BOISE SOFTBALL UMPIRES ASSOC.17-0253 softball umpire services 4/24-4/28/17 - qty 31
games
837.31
01 General Fund BOISE SOFTBALL UMPIRES ASSOC.17-0253 softball umpire services 4/4-4/14/17 - qty 52
games
1,404.52
01 General Fund BOISE SOFTBALL UMPIRES ASSOC.17-0253 softball umpire services 5/1-5/5/17 - qty 49
games
1,323.49
01 General Fund BRANDON FRASIER Per Diem, B. Frasier, DRE Field Certification, Portland
OR,
416.00
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/LOF, Rotation, MF030 68.95
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC 220/Lube,Oil,filter, tire rotation, MF035 57.20
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery for CSI Van Unit #29 116.96
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Battery for Unit #27 116.96
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Cabin Air Filter & Oil Change for Unit# 33 85.96
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Install Flashlight Charger & Replace Brakes on Unit#
143
875.05
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Air Filter for Unit# 141 76.91
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & CabinFilter for Unit # 32 85.96
Date: 5/11/17 11:30:25 AM Page: 1
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Rear View Mirror Repair on Truck #17 102.50
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC oil change & repairs for fleet truck 11 - license C9980 583.23
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 154 55.00
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit #143 65.00
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit #21 55.00
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Tires for Unit #143 599.36
01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Wheel & Front End Repair for Unit # 157 2,761.73
01 General Fund BSN SPORTS, INC.open gym pickleball equipment - qty 12 478.87
01 General Fund CHAD SOMBKE, PH.D, P.C.Pre Employment Testing for A.Reyes 400.00
01 General Fund CHAD SOMBKE, PH.D, P.C.Pre-Employment Testing for R. Rodriguez 400.00
01 General Fund CHEVRON AND TEXACO BUSINESS
CARD SERVICES
#7898226373, Pay City Fuel April 2017 16,269.35
01 General Fund CHEVRON AND TEXACO BUSINESS
CARD SERVICES
#7898226399, Pay PD Fuel April 2017 16,371.09
01 General Fund CHRIS JACOB Per Diem, C. Jacob, DRE Field Certification, Portland
OR, 5/
416.00
01 General Fund CITY OF BOISE ATTORNEYS OFFICE 17-0013, City Prosecutor/Criminal Legal Services May
2017
29,102.42
01 General Fund CONCRETE CONSTRUCTION SUPPLY,cement crack filler for Lanark Parks Shop - qty 12 192.00
01 General Fund CORTNI KLUCKEN Reimburse, C. Klucken, Education Assist, BSU,
Accountancy BB
1,000.00
01 General Fund D & B SUPPLY 220/2 Recip saw kits, St. 1 & St. 3 683.98
01 General Fund D & B SUPPLY bolts for Settlers Park John Deere 1600 mower - qty 6 2.40
01 General Fund DEBEST PLUMBING, INC Disconnected and Capped Eyewash Station in Intox 121.50
01 General Fund DEBEST PLUMBING, INC Flushed & Repaired Water Heater at PD on 2/21/17 688.00
01 General Fund DEBEST PLUMBING, INC ran snake down custodial mop sink, verify draining
properly
115.00
01 General Fund DEBEST PLUMBING, INC Repair Urinal in Mens Restroom 119.00
01 General Fund DEBEST PLUMBING, INC restroom urinal inspection at Homecourt 115.00
01 General Fund DELTA DENTAL PLAN OF IDAHO Delta Dental, May 2017, #0133-0000 23,625.91
01 General Fund DENNIS DILLON POWER SPORTS Kawasaki Mule #2 4X4 Repair, Full Fluid Service &
Clutch Ser
631.01
01 General Fund DISTINCTIVE MILLWORK & SPEC Cabinet Repairs & Installed Sink in Evidence 3,859.00
01 General Fund ELECTRICAL WHOLESALE SUPPLY CO light ballasts for Seasons Park restroom building - qty 2 45.75
01 General Fund EMERGING TACTICAL SOLUTIONS 2-Day Night Vision Operator Training Course for SWAT 1,200.00
01 General Fund ERS, EMERGENCY RESPONDER
SERVICES, INC.
17-0259, Labor & Material to Build New Patrol Unit #
165
3,510.75
01 General Fund ERS, EMERGENCY RESPONDER
SERVICES, INC.
Install Larger Trunk to fit New Computer Unit # 521 700.00
Date: 5/11/17 11:30:25 AM Page: 2
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund ERS, EMERGENCY RESPONDER
SERVICES, INC.
Install Updated MDT Mount and Cradlepoint Unit #120 701.00
01 General Fund ERS, EMERGENCY RESPONDER
SERVICES, INC.
Push Bumper Brackets for Unit #524 183.10
01 General Fund ERS, EMERGENCY RESPONDER
SERVICES, INC.
Relocate Radio/Warning Light Switch for Visibility
Unit#12
417.00
01 General Fund ERS, EMERGENCY RESPONDER
SERVICES, INC.
Replace Maplight wire in LED Flashlight, Unit # 131 790.59
01 General Fund ERS, EMERGENCY RESPONDER
SERVICES, INC.
Replace Siren Speaker, Install Cradlepoint, Update
MDT Mount
1,329.00
01 General Fund FASTENAL COMPANY miscellaneous hardware for trailers - qty 64 20.96
01 General Fund FASTENAL COMPANY trailer chain binders - qty 2 39.01
01 General Fund FASTSIGNS OF BOISE Signs for 2017 Unplug & Be Outside - Qty 5 133.50
01 General Fund FEDEX KINKOS Printing Student Guides for Advanced Academy-Radar
Class
172.68
01 General Fund H.D. FOWLER COMPANY sprinklers for Renaissance Park - qty 40 333.60
01 General Fund HOME DEPOT CREDIT SERVICES 220/Holesaw blade to fabricate fitness equipment 21.94
01 General Fund HSBC (COSTCO) BUSINESS SERVICE #7003-7319-1000-5018, Costco, April 2017 676.61
01 General Fund IDAHO DEPARTMENT of LABOR #0007001746, 1st Qtr 2017 Unemployment 19,729.54
01 General Fund IDAHO FIRE CHIEFS ASSOCIATION 220/Speaker fee for IFCA April Conf - Training 750.00
01 General Fund IDAHO FOREST PRODUCTS
COMMISSION
handling fee for 2017 Arbor Day seedlings 40.00
01 General Fund IDAHO STATE POLICE Fingerprinting - April 2017 851.00
01 General Fund IDAHO STATE POLICE Fingerprinting and Background Checks, Qty 18 - April
2017
477.00
01 General Fund IDAHO STATE TAX COMMISSION Sales Tax April 2017 3,574.41
01 General Fund IDAHO STATESMAN Job Packs, 3/27/17-4/30/17 150.00
01 General Fund INT'L CODE COUNCIL Bldg Safety Month posters for S. Zahorka - Qty 5 23.95
01 General Fund INTERMOUNTAIN DESIGN, INC overhead storage compartment for R White cubicle -
qty 1
290.83
01 General Fund INTERN'L PUBLIC MNGMT ASSOC IPMA HR Renewal for Crystal Ritchie, 6/1/17-5/31/18 149.00
01 General Fund INTERSTATE ALL BATTERY CENTER battery for Toro 3040 ball field groomer - qty 1 63.05
01 General Fund INTERSTATE ALL BATTERY CENTER Credit Due To Overpayment On Account (59.20)
01 General Fund JAYKER WHOLESALE NURSERY Arbor Day 2017 tree for Hunter Elementary - qty 1 216.50
01 General Fund JEFF LAVEY Per Diem, J. Lavey, Senior Leadership Team Retreat,
Smiths F
76.50
01 General Fund KC TOOL SUPPLY CO.220/Sawblade, 12in stablizer to cut steel for fitness
equip
99.00
01 General Fund KREIZENBECK, LLC repairs to Lanark Parks Shop middle bay 2,520.00
01 General Fund L.N. CURTIS AND SONS 220/Boots, A. Frost 275.02
Date: 5/11/17 11:30:25 AM Page: 3
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund L.N. CURTIS AND SONS 220/Zippers for boots, B. Clapp 71.17
01 General Fund L.N. CURTIS AND SONS Corrected Name Plates for Ahl, Kenny & Pele 44.55
01 General Fund L.N. CURTIS AND SONS Flashbangs for SWAT - Qty 24 781.04
01 General Fund LIFEMED SAFETY, INC 220/10 Zoll Electrode pad kits, 24 PediPadz, 10
statpadz
3,709.00
01 General Fund LOWE'S 220/Shop vac, St. 3 95.00
01 General Fund MARK NIEMEYER Per Diem, M. Niemeyer, Senior Leadership Team
Retreat, Smith
76.50
01 General Fund MARK NIEMEYER Reimbursement, M. Niemeyer, Personally Paid
Expenses While A
157.84
01 General Fund MASTER ROOTER PLUMBING pump vault at Settlers Splash Pad 4/25/17 525.00
01 General Fund MASTERCARD MC City #4, #3673, 4/28/17 Statement -1,827.62
01 General Fund MASTERCARD MC Pay PD#2, #8563, Low Balance As Of 5/8/17 4,000.00
01 General Fund MOORE & ELIA, LLP Legal Services on Courthouse matter, 3/13/17-3/21/17 930.00
01 General Fund NAPA AUTO PARTS 220/Gas Cap E-34 31.99
01 General Fund NAPA AUTO PARTS Flashlights for Code Enforcement Vehicles - Qty 2 27.98
01 General Fund NAPA AUTO PARTS Hitch Pin for Code Bike Racks 7.29
01 General Fund NAYLOR & HALES, P.C.Legal Services on Bittercreek Matter, 3/28/17-4/20/17 1,788.97
01 General Fund NORCO cylinder rental for welding gas, Qty 4 - April 2017 40.80
01 General Fund OFFICE DEPOT, INC.220/ Envelopes - Qty 2 Boxes 16.04
01 General Fund OFFICE DEPOT, INC.220/Case Paper 29.99
01 General Fund OFFICE DEPOT, INC.220/Labels, post its, binders - Qty 6 26.62
01 General Fund OFFICE DEPOT, INC.220/stencil 3.29
01 General Fund OFFICE DEPOT, INC.220/Verticle File - Qty 2 7.34
01 General Fund OFFICE TEAM Temp Position - A. Kulig, Week Ending 4/28/17, 18.75
Hrs
346.69
01 General Fund OFFICE TEAM Temp Position - A.Kulig, Week Ending 4/21/17, 21 Hrs 388.29
01 General Fund OFFICE TEAM Temp Postion - A. Kulig, Week Ending 4/14/17, 15.5
Hrs
286.60
01 General Fund OVERHEAD DOOR COMPANY 220/Annual serv, lube & inspect garage doors, all
Stations
945.00
01 General Fund OXARC, INC.Fire Extinguisher & First Aid Kits for Code Enf. Vehicles 162.65
01 General Fund OXARC, INC.Traffic cones for New Patrol Cars FY 17 - Qty 40 315.88
01 General Fund PACIFIC STEEL & RECYCLING 220/Supplies to fabricate fitness equip, angle, tube 473.04
01 General Fund PAUL'S MERIDIAN STINKER premium unleaded fuel for fleet truck 22 75.78
01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 12 38.98
01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 18 87.42
01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 24 72.68
01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 7 24.82
01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for fleet truck 9 69.25
Date: 5/11/17 11:30:25 AM Page: 4
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund PAUL'S MERIDIAN STINKER unleaded fuel for Ford Explorer 21.21
01 General Fund PAVEMENT SPECIALTIES OF IDAHO,
INC
re-stripe loading zone at Kleiner Park 175.00
01 General Fund PLATT credit on lamps for gym lights at Homecourt - qty 102 (497.76)
01 General Fund PRECISION PUMPING SYSTEMS Champion Park pump spring start-up, completed
4/26/17
110.00
01 General Fund PRECISION PUMPING SYSTEMS spring startup of Settlers pump station 165.00
01 General Fund PROBUILD 220/Lumber used during training burn - Qty 52 540.00
01 General Fund RICOH USA, INC C86084920, Copier Lease 5/17 & Additional Copies
4/17
402.96
01 General Fund RICOH USA, INC C86111894, Copier Lease 5/17 & Additional Copies
4/17
529.13
01 General Fund RICOH USA, INC C86121202, Copier Lease & Additional Images for PSTC 311.41
01 General Fund RICOH USA, INC C86172112, Copier Lease & Additional Images for
Records
209.86
01 General Fund RICOH USA, INC C86172150, Additional Copies for Patrol Copier, April
2017
209.43
01 General Fund RICOH USA, INC C86172157, Additional Copies for CID, April 2017 256.98
01 General Fund RICOH USA, INC C86172509, Copier Lease & Additional Copies for Code
Enf
119.42
01 General Fund RICOH USA, INC C86173707, Copier Lease 5/17 & Additional Copies
4/17
621.86
01 General Fund RMT EQUIPMENT Jacobsen R31 canopy top - qty 1 642.98
01 General Fund RMT EQUIPMENT mulching blades for R-311 Jacobsen - qty 14 508.34
01 General Fund RODDA PAINT COMPANY pails and paint for picnic tables at all parks - qty 7 344.91
01 General Fund RODDA PAINT COMPANY painting supplies for Heroes restroom building - qty 3 13.71
01 General Fund SHRED-IT USA, LLC.Shredding for PD March 2017 179.09
01 General Fund SILVER CREEK 8th Street Park sensor decoder - qty 1 358.35
01 General Fund SILVER CREEK wire splice kits - qty 4 47.87
01 General Fund SIMPLEX GRINNELL 220/Repair backflow check valves, St. 2 547.00
01 General Fund SIMPLEX GRINNELL Homecourt fire alarm service on 1/27/17 358.00
01 General Fund SIMPLEX GRINNELL Homecourt fire alarm service to replace horn/strobe,
2/14/17
298.69
01 General Fund SIMPLOT PARTNERS florel tree spray for Storey Park - qty 1 jug 53.00
01 General Fund SLHS SERVICE AREA Pre-Employment Testing for A. Reyes 68.00
01 General Fund STAR FIRE DISTRICT MAINTENANCE
DIVISION
220/MF018, repair comp door switch, level gauge,
water gauge
5,291.34
01 General Fund STAR FIRE DISTRICT MAINTENANCE
DIVISION
220/MF019, repair engine brake; loose spring hanger 3,356.91
Date: 5/11/17 11:30:25 AM Page: 5
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund STAR FIRE DISTRICT MAINTENANCE
DIVISION
220/MF036, Repair shoreline tripping 720.49
01 General Fund STAR FIRE DISTRICT MAINTENANCE
DIVISION
220/MF038, Install new equip, running boards, Backup
Cam
715.27
01 General Fund STAR FIRE DISTRICT MAINTENANCE
DIVISION
220/MF039, repair radio loss of power,veh
swaying,install eq
845.31
01 General Fund STAR FIRE DISTRICT MAINTENANCE
DIVISION
220/MF040, Change oil & filter, Prev Mtnc 645.58
01 General Fund STAR FIRE DISTRICT MAINTENANCE
DIVISION
220/MF040, clean engine, regen problem, forced regen 260.10
01 General Fund STAR FIRE DISTRICT MAINTENANCE
DIVISION
220/MF040, troubleshoot regen issues 216.74
01 General Fund STAR FIRE DISTRICT MAINTENANCE
DIVISION
220/MF042, Outfit new vehicle,
lights,siren,lightbar,radio
8,498.86
01 General Fund STAR FIRE DISTRICT MAINTENANCE
DIVISION
220/MF043, outfit new vehicle, lights, siren, lightbar 8,460.49
01 General Fund T-ZERS SHIRT SHOP 220/1 admin jacket, Butterfield, print furnished stock 80.50
01 General Fund TATES RENTS (GENERAL OFFICE)hose rental for vault pump at Settlers splash pad
4/25/17
17.96
01 General Fund TATES RENTS (GENERAL OFFICE)mulching blades for John Deere 1600 mower - qty 7 134.12
01 General Fund TATES RENTS (GENERAL OFFICE)service work on #3 Shindaiwa backpack blower for
Kleiner
66.31
01 General Fund THE ACTIVITY GROUP Tourniquets for Patrol Officers & New Hires - Qty 10 305.57
01 General Fund THE CAR PARK April 2017 Court House Parking 104.00
01 General Fund THE STAIRGUY frame stairs at Settlers shop 1,297.00
01 General Fund THE TURF CORPORATION sod for Storey Bark Park - qty 600 94.00
01 General Fund THE UPS STORE 220/Send in Air Sample for testing 12.48
01 General Fund TOTAL SYSTEMS SVCS, INC.spring HVAC maintenance at Lanark Parks Shop 4/7/17 225.00
01 General Fund TRACY BASTERRECHEA Expense Report, T. Basterrechea, AELE Use Of Force
Workshop,
28.98
01 General Fund TRADEMARK SIGN CO, LLC pathway directional signs for Five Mile Creek & design 4,865.00
01 General Fund TREVOR SUND Reimbursement, T. Sund, Registration Fee, Boise Fire
Nuggets
200.00
01 General Fund ULINE, INC.bollard caps for Kleiner Park - qty 5 25.67
01 General Fund UNIFORMS 2 GEAR Code Enforcement Vests for Visibility - Qty 3 118.50
01 General Fund UNIFORMS 2 GEAR Credit for Mikowski Gear - Qty 4 (266.98)
01 General Fund UNIFORMS 2 GEAR Credit Gear for Shackelford - Qty 5 (348.98)
01 General Fund UNIFORMS 2 GEAR Cuff Case for N. Allex 29.99
01 General Fund UNIFORMS 2 GEAR Flashlight Holders for Duty Belts - Qty 90 1,350.00
01 General Fund UNIFORMS 2 GEAR K9 Flight Suit Patches - Qty 7 36.50
Date: 5/11/17 11:30:25 AM Page: 6
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
01 General Fund UNIFORMS 2 GEAR New Hire Gear, Body Armor Vest for N. Allex 724.00
01 General Fund UNIFORMS 2 GEAR Pants for Shackelford - Qy 1 77.50
01 General Fund UNITED HERITAGE INSURANCE 02065-001, May 2017 Premiums 13,099.38
01 General Fund USSSOA basketball officiating 4/10-4/14/17 - qty 9 games 472.59
01 General Fund USSSOA basketball officiating 4/17-4/21/17 - qty 9 games 472.59
01 General Fund USSSOA basketball officiating 4/24-4/28/17 - qty 9 games 472.59
01 General Fund USSSOA volleyball officiating 4/10-4/14/17 - qty 43 games 938.09
01 General Fund USSSOA volleyball officiating 4/17-4/21/17 - qty 43 games 938.09
01 General Fund USSSOA volleyball officiating 4/24-4/28/17 - qty 35 games 763.56
01 General Fund VISION SERVICE PLAN 30 044489 0001, VSP May 2017 4,661.00
01 General Fund WEIDNER & ASSOCIATES 220/12 wildland fire helmets w/ ear protection 1,373.15
01 General Fund WEIDNER & ASSOCIATES 220/24 hoods, PPE 1,008.00
01 General Fund WEIDNER & ASSOCIATES 220/75 wildland brush shirts 7,135.47
01 General Fund WILBUR-ELLIS CO.fertilizer for Seasons & Renaissance Parks - qty 50 bags 975.00
01 General Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Insurance May 2017 5,263.25
Total 01 General Fund 278,639.50
07 Impact Fund JENSEN BELTS ASSOC 17-0292 construction admin-Reta Huskey Park
Feb/Mar 2017
2,233.00
07 Impact Fund THE LAND GROUP, INC.16-0355 A&E services for 77-Acre South Meridian Park
02/2017
8,966.00
07 Impact Fund THE LAND GROUP, INC.16-0355 A&E services for 77-Acre South Meridian Park
03/2017
14,038.25
Total 07 Impact Fund 25,237.25
20 Grant Fund
governmental
JUB ENGINEERS 17-0220, CDBG Slum & Blight Assessment, Serv
4/2/17-4/29/17
8,075.00
20 Grant Fund
governmental
KENDALL NAGY Per Diem, K. Nagy, DRE Field Certification, Portland
OR, 5/2
416.00
20 Grant Fund
governmental
MURRAYSMITH INC 17-0263, Todd & Sandlewood Lighting Proj, Service To
2/28/17
13,131.00
20 Grant Fund
governmental
SOLUTIONS TO GO Tape & Boxes for RX Disposal for MADC - Qty 51 105.75
Total 20 Grant Fund
governmental
21,727.75
60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 17-0035, Ustick, Meridian/Locust Grove, Service Thru
4/26/17
3,739.50
Date: 5/11/17 11:30:25 AM Page: 7
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise Fund ADA COUNTY HIGHWAY DISTRICT 17-0035, Ustick/Meridian Intersection, Service Thru
4/26/17
21,462.82
60 Enterprise Fund ADAM JENNINGS Per Diem, A. Jennings, Collection Systems 2017
Conference, O
224.00
60 Enterprise Fund AMERICAN GEOTECHNICS, INC.Registration, S. O'Brien & A. McNutt, Plan Designer
Class, B
200.00
60 Enterprise Fund APEX INTEGRATED SECURITY
SOLUTIONS
Card reader 383.50
60 Enterprise Fund ASSOC OF STATE FLOODPLAIN
MANAGERS
Exam Application, J. Korn, ASFPM Certified Floodplain
Manage
100.00
60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0123, IVR Phone Services - April 2017 777.50
60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 17-0124, Lockbox/Payment Processing - April 2017 1,369.37
60 Enterprise Fund BOISE RIGGING SUPPLY SS shackels for pulling pumps for maintenance 63.00
60 Enterprise Fund BOISE STATE UNIVERSITY 17-0202, FY17 PW Leadership Development Program,
LDP IV Trai
8,000.00
60 Enterprise Fund BOISE STATE UNIVERSITY 17-0202, LDP IV training, services 2/1/17-5/2/17 11,500.00
60 Enterprise Fund BOISE STATE UNIVERSITY Project Management Program for K. Buttars & K.
Jones, 4 of 4
1,100.00
60 Enterprise Fund BOWERS AUTO REPAIR Vehicle Maintenance 199.39
60 Enterprise Fund CHALLENGER COMPANIES, INC.17-0160, Reuse PLC Upgrades for WRRF - Final Invoice 1,161.80
60 Enterprise Fund CONCRETE CONSTRUCTION SUPPLY,Sealant for digester 5 roof 75.00
60 Enterprise Fund CONTAINER & PACKAGING SUPPLY Sample containers 255.71
60 Enterprise Fund D & B SUPPLY Equipment/Supplies 519.96
60 Enterprise Fund D & B SUPPLY Refund for Return (150.00)
60 Enterprise Fund D & B SUPPLY Safety 179.99
60 Enterprise Fund DAVE GASSEL Per Diem, D. Gassel, 2017 Idaho Operators
Conference, Moscow
178.50
60 Enterprise Fund DC ENGINEERING Well Maintenance & Repair 462.50
60 Enterprise Fund DELTA DENTAL PLAN OF IDAHO Delta Dental, May 2017, #0133-0000 6,302.49
60 Enterprise Fund E C POWER SYSTEMS Well Maintenance & Repair 1,000.31
60 Enterprise Fund E C POWER SYSTEMS Well Maintenance & Repiar 507.14
60 Enterprise Fund ENERGY MANAGEMENT CORPORATION Labor for RAS pump repair 300.00
60 Enterprise Fund FASTENAL COMPANY All thread rod 1.90
60 Enterprise Fund FASTENAL COMPANY Nylock nuts & chip brushes 17.39
60 Enterprise Fund FASTENAL COMPANY Shop Supplies 147.83
60 Enterprise Fund FERGUSON ENTERPRISES INC.Equipment/Supplies 577.87
60 Enterprise Fund FERGUSON ENTERPRISES INC.Line Wat/Sewer Repair Materials 3,052.59
60 Enterprise Fund FERGUSON ENTERPRISES INC.Reflection Ridge PRV Materials - Qy 2 175.14
60 Enterprise Fund FISHER SCIENTIFIC compositor temp probes 201.40
60 Enterprise Fund FISHER SCIENTIFIC Glass disposal boxes 38.12
Date: 5/11/17 11:30:25 AM Page: 8
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise Fund FISHER SCIENTIFIC Pipet tips 52.16
60 Enterprise Fund GRANT MECHANICAL, INC Labor to troubleshoot boiler flow switch @ Black Cat
North
246.00
60 Enterprise Fund H.D. FOWLER COMPANY Line Wat/Sewer Repair 108.00
60 Enterprise Fund HACH COMPANY Standard phosphorus solution 78.04
60 Enterprise Fund HOME DEPOT CREDIT SERVICES Indoor fogger 44.90
60 Enterprise Fund HOME DEPOT CREDIT SERVICES Parts for faucets in Lab 207.92
60 Enterprise Fund HOME DEPOT CREDIT SERVICES white foam burshes for painting supplies 17.94
60 Enterprise Fund IDAHO STATE TAX COMMISSION Sales Tax April 2017 4,950.21
60 Enterprise Fund INTERSTATE ALL BATTERY CENTER AAA batteries 9.50
60 Enterprise Fund IRON MOUNTAIN REAL ESTATE Refund, Surety-WAR-2015-0020, Touchstone Place
Sub, Final Re
31,556.16
60 Enterprise Fund JUB ENGINEERS 16-0125, service 3/5-4/1/17, Sewer Master Plan 19,809.40
60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Part to repair RAS motor #3 90.11
60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Parts to rebuild daft motor 32.79
60 Enterprise Fund KAMAN INDUSTRIAL TECHNOLOGIES Parts to rebuild digester 4 & 5 mixer spare motor 42.84
60 Enterprise Fund KEMIRA WATER SOLUTIONS, INC 17-0090, PAX-14 (47,300#)13,480.50
60 Enterprise Fund KTURBO USA, INC.VFD cooling fan for stock & for boiler 1 replacement in 836.00
60 Enterprise Fund LAWN CO MAINTENANCE Equipment Maintenance 806.67
60 Enterprise Fund LOWE'S Equipment Maintenance 25.64
60 Enterprise Fund LOWE'S Shop Supplies 4.74
60 Enterprise Fund LOWE'S Well Maintenance & Repair, Wood, Stain, & Deck
Screws
221.78
60 Enterprise Fund MASTER ROOTER PLUMBING Project 10716.a. Sewer and dump Sewer main
replacement
295.00
60 Enterprise Fund MASTER ROOTER PLUMBING Sewer Main Replacement Septic pump and dump
5/2/17
295.00
60 Enterprise Fund McCALL INDUSTRIAL 1 inch brass ball valve 62.80
60 Enterprise Fund MIGUEL ESPINOLA Per Diem, M. Espinola, Collections System 2017
Conference, O
224.00
60 Enterprise Fund MITCHELL LEWIS & STAVER CO.Submersible pumps for S. Black Cat lft station 1,844.40
60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Braided PVC hose & tubing 144.33
60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Line Wat/Sewer Repair 13.26
60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Parts for wash down gun on front of camel
hydrocleaner
178.21
60 Enterprise Fund MOTION & FLOW CONTROL PRODUCTS Thread cam-lok hose fitting 35.26
60 Enterprise Fund MOUNTAIN WATERWORKS, INC 16-0322, service through 4/21/17, WRRF Centrate
Design
7,344.00
60 Enterprise Fund MOUNTAIN WATERWORKS, INC 17-0186, service through 3/24/17, WRRF Reuse
Disinfection st
1,856.17
Date: 5/11/17 11:30:25 AM Page: 9
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise Fund MOUNTAIN WATERWORKS, INC 17-0218, service through 4/21/17 WRRF Boise River
outfall pu
3,353.75
60 Enterprise Fund MOUNTAIN WATERWORKS, INC 17-0250, service through 3/24/17, WRRF Digester 3
piping
1,240.00
60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Gauge for shop compressor tank 7.37
60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Lab faucets 3,759.31
60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.SS chain for lifting 1,376.00
60 Enterprise Fund MSC INDUSTRIAL SUPPLY CO.Washers 27.21
60 Enterprise Fund MURRAYSMITH INC 16-0144, 16-0392, service thru 3/31/17, Water/Sewer
Greg lif
5,100.00
60 Enterprise Fund MURRAYSMITH INC 17-0052, service through 3/31/17, Infiltraton and
inflow mon
2,093.00
60 Enterprise Fund MURRAYSMITH INC 17-0091, service through 3/31/17, Water Main Amity 18,248.00
60 Enterprise Fund MURRAYSMITH INC 17-0125, service thru 3/31/17, Water/Sewer main Pine 12,216.50
60 Enterprise Fund NAPA AUTO PARTS fuel filter for diesel tank 16.00
60 Enterprise Fund NAPA AUTO PARTS Padlock for sewer manhole vault 10.69
60 Enterprise Fund NORCO Credit for Overcharge (248.00)
60 Enterprise Fund NORCO Cylinder rental for April - Qty 8 59.46
60 Enterprise Fund NORCO Equipment/Supplies 248.00
60 Enterprise Fund NORCO Equipment/Supplies, Compressed Gas Calibration
Pumps - Qty 4
5,925.38
60 Enterprise Fund NORCO Eye flush bottle (16 oz)279.84
60 Enterprise Fund NORCO Hard hat, safety glasses, safety vest for Al Christy 37.12
60 Enterprise Fund NORCO Safety 190.91
60 Enterprise Fund O'REILLY AUTO PARTS Blower building fan belt 9.80
60 Enterprise Fund O'REILLY AUTO PARTS Grafite powder for Oaks lift station locks 2.29
60 Enterprise Fund O'REILLY AUTO PARTS Shop Supplies 5.99
60 Enterprise Fund OFFICE DEPOT, INC.Mech. pencils two pack of 12 10.32
60 Enterprise Fund OFFICE VALUE - MERIDIAN Binders, copier paper, tape dispenser & tape 224.29
60 Enterprise Fund OFFICE VALUE - MERIDIAN Office Supplies 28.98
60 Enterprise Fund OXARC, INC.17-0057, Sodium Hypochlorite Delivery - 1267 Gal 2,107.21
60 Enterprise Fund PLATT Fuses to repair fault on equipment 13 filter line at 171.94
60 Enterprise Fund PLATT Grounding connectors for stock plus fuses for
equipment 13
292.01
60 Enterprise Fund PLATT Parts to install additional effluent sampler to meet new 393.61
60 Enterprise Fund PLATT Returned fuses-Reference Inv#Z141668 (171.94)
60 Enterprise Fund REPUBLIC SERVICES - TRANSFER
STATION
Biosolids disposal 27,656.10
60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services Contract April 2017 1,007,921.97
Date: 5/11/17 11:30:25 AM Page: 10
City Of Meridian
Invoices Selected for Payment - Invoices for Payment - Amie
Code
Fund
Fund Title Vendor Name Invoice/Credit Description Invoice Amount
60 Enterprise Fund RICOH USA, INC C86101407, Envir Copier Lease 5/17 & Additional
Copies 4/17
425.36
60 Enterprise Fund RICOH USA, INC C86101421, PW Copier Lease 5/17 & Additional Copies
04/17
315.66
60 Enterprise Fund RICOH USA, INC C86108123, E205M560104 Copier Lease 5/17 &
Additional Copies
91.36
60 Enterprise Fund SIMPLEX GRINNELL Testing & inspection of fire alarm & sprinkler system in 1,554.29
60 Enterprise Fund TELANSWER, INC After Hour Answering Service 5/1/17-5/31/17 177.50
60 Enterprise Fund THE UPS STORE Biosolids shipping 172.86
60 Enterprise Fund THE UPS STORE Quarterly biosolids shipping 167.05
60 Enterprise Fund UNITED HERITAGE INSURANCE 02065-001, May 2017 Premiums 3,624.03
60 Enterprise Fund VISION SERVICE PLAN 30 044489 0001, VSP May 2017 1,410.84
60 Enterprise Fund WHITEACRE DEVELOPMENT CORP Refund, Performance Surety-2016-0094, Whiteacre
Sub#1, Relea
24,452.40
60 Enterprise Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Insurance May 2017 2,302.05
60 Enterprise Fund WW GRAINGER, INC hose fitting adapter 56.92
60 Enterprise Fund WW GRAINGER, INC Trace metal sampler parts 168.33
Total 60 Enterprise Fund 1,276,550.21
Report Total 1,602,154.71
Date: 5/11/17 11:30:25 AM Page: 11
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: $A
PROJECT NUMBER:
ITEM TITLE: Belltower Park
Public Hearing for Belltower Park (H-2017-0053) by Bridgetower Crossing, LLC & T3
Holdings, LLC Located 3140 & 3150 W. Belltower Drive
1. Request: Short Plat Approval Consisting of Four (4) Building Lots on 1.64 Acres of Land
in the L -O Zoning District
MEETING NOTES
9 PINED
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE;
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CityCouncilMeeting
May 15, 2017
Item #8A: Belltower Park
Zoning/Aerial Map
Short Plat
Item #8B: Troutner Park No. 2
Zoning/Aerial Map
Easements
Changes to Agenda:
Item #8: Bainbridge Sub. 5 – FP (H-2017-0043): Applicant request continuance to May 23rd.
Item #8A: Belltower Park (H-2017-0053)
Application(s):
Short Plat
Size of property, existing zoning, and location: This site consists of 1.64 acres of land, zoned L-O, located at 3140 & 3150 W.
Belltower Drive.
History: This property was annexed in 2001 and platted as part of the Bridgetower Crossing Sub. It was later re-subdivided in 2004 as
Gallery Sub.
Summary of Request: The applicant requests approval of a short plat consisting of 4 commercial building lots on 1.64 acres of land in
the L-O zoning district. The proposed plat is a re-subdivision of Lots 2 & 3, Block 1 of Gallery Subdivision.
The street buffer along the west boundary of this site adjacent to Ten Mile Road was installed with the construction of the subdivision
and must be protected during construction.
Cross-access is provided between the lots for access to adjacent public streets via an existing easement.
Written Testimony: None
Staff Recommendation: Approval w/conditions
Notes:
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0053, as presented in the staff
report for the hearing date of May 16, 2017: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0053, as presented during the
hearing on May 16, 2017, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2017-0053 to the hearing date of May 16, 2017 for the following reason(s): (You should state
specific reason(s) for continuance.)
Item #8B: Troutner Park Subdivision No. 2 (H-2017-0045)
Application(s):
Vacation
Property location: The site is located at 375, 321, 279 and 177 W. Pennwood Street.
Summary of Request: The applicant is requesting approval to vacate a portion of the 10-foot wide public utility, drainage and irrigation
(PUDI) easement located between Lots 4 and 5 of Block 4 and Lots 4 and 5 of Block 5 platted with Troutner Park Subdivision No . 2, as
well as a section of right-of-way of SW 3rd Avenue, south of W. Pennwood Street.
The PUDI easements runs north/south along the lot lines of Lots 4 and 5 of Block 4 and Lots 4 and 5 of Block 5.
The right-of-way for SW 3rd Avenue currently extends approximately 120 feet south of W. Pennwood Street, and is approximately 54
feet wide.
In 2016, a CUP was approved for a multi-family development consisting of 180 multi-family units on approximately 7.52 acres in the C-
G zoning district. Once the vacation process is complete, the applicant proposes to construct a multi-family structure across each of the
proposed PUDI easement vacations and plans to use the vacated right -of-way for access as shown in the approved site plan (see
Exhibit A.4). The PUDI easements must be vacated prior to commencing and construction on the associated lots.
The applicant has received approval from all of the applicable public utilities (Idaho Power, Century Link, Cable One, Interm ountain
Gas, Nampa-Meridian Irrigation District) to vacate the PUDI easement and from ACHD for the right-of-way easement.
Written Testimony: None
Outstanding Issue(s) for City Council: None
Notes:
Possible Motions:
Approval
After considering all staff, applicant and public testimony, I move to approve File Number H-2017-0045, as presented in the staff
report for the hearing date of May 16, 2017: (Add any proposed modifications to conditions)
Denial
After considering all staff, applicant and public testimony, I move to deny File Number H-2017-0045, as presented during the
hearing on May 16, 2017, for the following reasons: (You should state specific reasons for denial)
Continuance
I move to continue File Number H-2017-0045 to the hearing date of _________ for the following reason(s): (You should state
specific reason(s) for continuance.)
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Date: May.,W, 2017 Item # 8A
Project Number:
H-2017-0053
Project Name: Belitower park
Please print your name For Against Neutral Do you wish
to testifv (YIN
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: $B
PROJECT NUMBER:
ITEM TITLE: Troutner Park Subdivision No. 2
Public Hearing for Troutner Park Subdivision No. 2 (aka Rainier Villas) (H-2017-0045) by
Kent Brown Located West of N. Meridian Road Between W. Corporate Drive and W.
Penwood Street
1. Request: Vacate a Portion of the 10 -Foot Wide Public Utility, Drainage and Irrigation
(PUDI) Easement Located Between Lots 4 and 5 of Block 4 AND Lots 4 and 5 of Block 5
Platted with Troutner Park Subdivision No. 2
MEETING NOTES
uy 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
Date:
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN -IN SHEET
Mayffi 2017 Item #
Project Number:
Project Name:
H-2017-0045
Troutner Park Subdivision No. 2
Pleaseour rint name For Against Neutral Do you wish
p Y 9
to testifv (Y/N
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 9A
PROJECT NUMBER:
ITEM TITLE: Police
Police: Crime Prevention Spring Safety Flings Budget Amendment Not -to -Exceed $2,500
MEETING NOTES
C✓i 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
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Meridian City Council Meeting G B
DATE: May 16, 2017 ITEM NUMBER: is_
PROJECT NUMBER:
ITEM TITLE: Fire
Fire: Joint Powers Agreement Update
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
12/06/16
Treasure Valley Cooperative Fire Authority Interagency Joint Exercise of Powers Agreement
Page 1
Original Counterpart 1 of 4
TREASURE VALLEY COOPERATIVE FIRE AUTHORITY
INTERAGENCY AND JOINT POWERS AGREEMENT
Parties to Agreement:
City of Caldwell Caldwell 411 Blaine St.
Caldwell, Idaho 83605
City of Meridian Meridian 33 E. Broadway Ave.
Meridian Idaho
City of Nampa Nampa 411 3 rd St. S.
Nampa, Idaho
Star Fire Protection District Star 10831 E. Main Street
Star, Idaho
THIS AGREEMENT made this ___ day of ________________, 2016 by and between
the Parties as herein this Agreement defined.
NOW, THEREFORE , in consideration of the mutual terms, covenants, and conditions
contained herein and the recitals set forth which are a material part of the Agreement, the Parties
agree as follows:
SECTION 1
DEFINITIONS
1.1 Agreement: Means and refers to this Agreement which may be referred to and cited as
Treasure Valley Cooperative Fire Authority Interagency and Joint Powers Agreement
and/or TVCFA.
1.2 Executive Council: Means and refers to the Cooperative Fire Authority Executive
Council as herein this Agreement provided for, and shall constitute the Fire Chiefs of the
Initial Parties .
1.3 Caldwell: Means and refers to the City of Caldwell, a municipal corporation organized
and existing under and by virtue of the laws of the state of Idaho who is an Initial Party to
this Agreement.
1.4 Caldwell Fire Department: Means and refers to the Fire Department of Caldwell
created and existing by Caldwell in accordance with its authority pursuant to Idaho Code
Section 50-309.
12/06/16
Treasure Valley Cooperative Fire Authority Interagency Joint Exercise of Powers Agreement
Page 2
1.5 Initial Parties: Means and refers collectively to Caldwell, Meridian, Nampa, and Star.
1.6 Limited Party/Parties: This term may herein this Agreement appear either as Limited
Party or Limited Parties depending on the context and means and refers to any Fire
Protection District and/or a City, with a Fire Department whose boundaries are within or
partially within the Counties of Ada and/or Canyon, state of Idaho; who, by formal
Agreement with the Parties, agrees to participate on a limited basis with certain of the
TVCFA Policy and Procedure collateral agreement/s provided for in this Agreement.
1.7 Member: Means and refers to a member of the Executive Council, or his/her alternate.
1.8 Meridian: Means and refers to the City of Meridian, a municipal corporation organized
and existing under and by virtue of the laws of the state of Idaho who is an Initial Party to
this Agreement.
1.9 Meridian Fire Department: Means and refers to the Fire Department of Meridian
created and existing by Meridian in accordance with its authority pursuant to Idaho Code
Section 50-309.
1.10 Nampa: Means and refers to the City of Nampa, a municipal corporation organized and
existing under and by virtue of the laws of the state of Idaho who is an Initial Party to this
Agreement.
1.11 Nampa Fire Department: Means and refers to the Fire Department of Nampa created
and existing by Nampa in accordance with its authority pursuant to Idaho Code Section
50-309.
1.12 Party/Parties: This term may herein this Agreement appear either as Party or Parties
depending on the context and means and refers to a Party to this Agreement.
1.13 Personnel: Means and refers generically to any volunteer and/or employee of a Party.
1.14 Potential Party/Parties: This term may herein this Agreement appear either as Potential
Party or Potential Parties depending on the context and means and refers to any Fire
Protection District and/or a City with a Fire Department whose boundaries are within or
partially within the Counties of Ada and/or Canyon, state of Idaho.
1.15 TVCFA Policy and Procedure: Means and refers to the specifics of the conduct of the
cooperative operations of the Parties under the authority of and pursuant to the provisions
of this Agreement which are set forth in separate policy and procedure approved by the
Executive Council in accordance with Section 9 of this Agreement and which collateral
agreement and its scope are identified by reference in Section 9 of this Agreement.
1.16 Star: Means and refers to the Star Fire Protection District, a fire protection district
organized and existing under and by virtue of Chapter 14 of Title 31 Idaho Code who is
an Initial Party to this Agreement.
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1.17 TVCFA: Means and refers, depending upon the context of the acronym in this
Agreement, to Treasure Valley Cooperative Fire Authority, comprised of and pursuant to the
cooperative, mutual and joint authority of the Parties exercised by this Agreement.
SECTION 2
RECITALS
The Initial Parties recite and declare:
2.1 Each Initial Party, Potential Party/Parties and Limited Party/Parties who is a fire
protection district has:
• Been formed for the purpose of the protection of property against fire and the
preservation of life, and enforcement of any of the fire codes and other rules that are
adopted by the state fire marshal pursuant to chapter 2, title 41, Idaho Code, As
provided in Idaho Code Section 31-1401.
• Been organized as provided by Chapter 14 of Title 31, Idaho Code and are a
governmental subdivision of the state of Idaho and a body politic and corporate, and
as such have the power specified in Chapter 14 of Title 31 Idaho Code and whose
powers can be exercised only by the fire protection or by agents and officers acting
under their authority, or authority of law.
2.2 Each Initial Party, Potential Party/Parties and Limited Party/Parties who is a City has:
• Been formed as a municipal corporation as is now provided in Chapter 1 of Title 50
Idaho Code.
• Authority to prevent and extinguish fires and to acquire all necessary apparatus and
equipment to maintain a Fire Department, and
• Authority to contract and to exercise all powers and perform all functions of local
self-government in city affairs, as are not specifically prohibited by or in conflict with
the general laws or the constitution of the State of Idaho, and to make all regulations
necessary to preserve the public health, [I.C. §§ 50-309 and 50-301 and 50-304]; and
• Established and operates a fire department as provided by Idaho Code Section 50-
309.
2.3 All Initial Parties, Potential Parties and Limited Party/Parties have the following
authority:
• Pursuant to Idaho Code Section 67-2330 to contract with one another to perform their
fire protection services, activities and undertakings which they are authorized by law
to perform; and
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• As a public agency to 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; and
• Pursuant to Idaho Code Sections 67-2328 (a) to jointly exercise their fire protection
power, privilege or authority; and
• Pursuant to Idaho Code Section 30-1430 to enter into intra-agency and mutual aid
agreements for the purposes of protecting life and property against loss by fire and for
all other purposes of Chapter 14 of Title 31 Idaho Code; and
• To make purchases on behalf of the TVCFA or its respective Parties, pursuant to
Idaho Code Section 67-2803(1) and Idaho Code Section 67-2332.
2.4 Each of the Initial City Parties provides fire protection and life preservation services to
the neighboring Fire Protection Districts by their respective Fire Departments pursuant to
service agreement as follows:
• Caldwell Fire Department pursuant to a service agreement provides fire protection
and life preservation services to the Caldwell Rural Fire Protection District; and
• Nampa Fire Department pursuant to a service agreement provides fire protection and
life preservation services to the Nampa Fire Protection District; and
• Meridian Fire Department pursuant to a service agreement provides fire protection
and life preservation services to the Meridian Rural Fire Protection District.
2.5 Each Initial Party, Potential Party/Parties, and Limited Party/Parties have the authority,
pursuant to Idaho Code § 67-2326, to make the most efficient use of their powers by
enabling them to cooperate to their mutual advantage and thereby provide services and
facilities and perform functions in a manner that will best accord with geographic,
economic, population, and other factors influencing the needs and development of the
respective Parties.
2.6 Each Initial Party, Potential Party/Parties, and Limited Party/Parties have the authority,
pursuant to Idaho Code § 67-2328, to exercise any power, privilege or authority
authorized by the Idaho Constitution, statute or charter, held by them jointly with each
other.
2.7 Each Initial Party, Potential Party/Parties and Limited Party/Parties have the authority,
pursuant to Idaho Code § 67-2328, to enter into agreements with one another for joint or
cooperative action which includes, but is not limited to, joint use, ownership and/or
operation agreements.
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2.8 The Initial Parties have historically been cooperating in many aspects regarding how they
provide fire protection and life preservation services inclusive of:
• Joint Powers Agreement for Emergency Medical Services
• Joint Powers Agreement for Mutual Aid
2.9 That due to the Initial Parties intentions of continuing their cooperative history, due to the
development of real property and due to the population growth in Ada and Canyon
Counties their mutual circumstances have evolved to the point that there is an increasing
need for the providence of fire protection and life preservation services within the their
boundaries that:
• Minimizes response time
• Maintains sufficient and competent personnel and equipment
• Is cost effective
• Is consistent and complies with authoritative standards
2.10 It is the intention, consideration and in the mutual best interests of each Initial Party and
any Potential Party/Parties and any who subsequently enters into this Agreement to
facilitate the need for the providence of fire protection and life preservation service
within the boundaries of the Parties by:
• Establishing a structure and framework by the adoption and implementation of
TVCFA Operational Policy and Procedure for the cooperation of the various aspects
of how each Party:
o Provides for qualifications, testing, and admittance into the Joint Recruit
Academy, and a subsequent process for hiring;
o Manages Logistics, to include Supplies and Equipment;
o Manages Fleet maintenance and repair;
o Analyzes and evaluates response patterns and volume, and provides for automatic
and mutual aid;
o Manages Capital Improvement, to include managing the qualifications based
selection of design professionals and construction managers pursuant to Idaho
Code Section 67-2320 to benefit all parties.
o Manages shared software acquisition to benefit of all Parties.
o Providing a structure and framework for the eventual amendment and expansion
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of this Agreement to include additional provisions which will govern the
cooperation of the various aspects of how each Party provides fire protection and
life preservation services within the boundaries of the Parties to this Agreement.
2.11 Each Party has the authority to enter into this Agreement as has been set forth in this
Section.
SECTION 3
JOINT EXERCISE OF POWER AGREEMENT PROVISIONS
3.1 Effective Date: The provisions governing the effective date of this Agreement are set
forth in Section 11 of this Agreement.
3.2 Term and Termination: The Term of this Agreement is This Agreement shall be
automatically renewed annually from the Effective Date unless it is terminated earlier as
provided in Section 11.
3.3 Joint Powers Administrative Body/Executive Council/General Powers: The business
and affairs of this Agreement shall be administered, as herein in this Agreement
provided, by an Executive Council which Executive Council is herein in this Agreement
created.
3.4 The Purpose or Purposes of this Joint Powers Agreement are set forth herein in Section
2 of this Agreement and are herein incorporated by this reference.
3.5 The Manner of Finance of a joint or cooperative undertaking and the establishment and
maintenance of a budget therefore, are hereinafter set forth in Section 7 of this
Agreement.
3.6 Termination of this Agreement or the Expulsion of a Party from this Agreement is set
forth in Section 11 of this Agreement.
SECTION 4
COOPERATIVE FIRE AUTHORITY EXECUTIVE COUNCIL ESTABLISHED/
E-MAIL NOTICE/CONTRACT APPROVAL
4.1 Member Authority and duties: There is hereby created an Executive Council who
shall be known as the “Cooperative Fire Authority Executive Council” and which
Executive Council shall have the general authority set forth in Section 3.3 of this
Agreement and the other duties and responsibilities as is set forth in this Agreement.
4.2 Executive Council Number and Appointment: There shall initially be four (4)
members of the Executive Council with one member representing each Initial Party who
shall be the fire chief of the designating Initial Party, and thereafter each Party to this
Agreement shall designate their fire chief as their Executive Council member and the
number of Executive Council members shall be controlled by the number of Parties to the
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Agreement.
4.2.1 Alternates : Each party may also designate two (2) alternate members [designated
first and second alternate] for their designated member, either of whom may vote
only in the absence of the designated member.
4.2.2 Limited Party/Parties: Each Limited Party may designate one (1) member, who
shall be their Fire Chief, and who shall serve as an ex-officio member of the with
limited rights to attend meetings, except for executive sessions, and may
participate in discussions and propose motions to the full but shall have no voting
rights.
4.3 Annual Meeting: The annual meeting of the Executive Council shall be held on the first
Friday in February of each year, beginning with the year 2017, at the hour of 1:30 p.m.,
or at such other time on such other day within such month as shall be fixed by the
Executive Council, for the purpose of electing officers and for the transaction of such
other business as may come before the meeting. If the day fixed for the annual meeting
shall be a legal holiday in the State of Idaho, such meeting shall be held on the next
succeeding business day.
4.4 Regular Meetings: The Executive Council shall conduct regular monthly meetings at a
date and time designated by the Executive Council, unless the members of the Executive
Council unanimously agree to not conduct a regular monthly meeting. The Executive
Council shall have at least eight (8) regular monthly meetings during each fiscal year.
4.5 Special Meetings: Special meetings of the Executive Council, for any purpose or
purposes, may be called by the Chairman or by any member of the Executive Council.
4.6 Place of Meeting: The Executive Council may designate any place, either within or
without the territorial boundaries of any Party to this Agreement as the place of meeting
for the annual meeting and for any regular, special and/or budget meeting and/or for any
other meeting.
4.7 Notice of Meeting. Written notice stating the place, day and hour of the meeting the
purpose or purposes for which the meeting is called, shall be made with a copy thereof to
all Executive Council, Alternates and Ex-Officio members no less than forty-eight (48)
hours in advance of the meeting unless an emergency is the basis of the call of the
meeting.
4.8 Quorum: A majority of the members (or alternates attending for members) of the
Executive Council shall constitute a quorum at a meeting of Executive Council and a
member may participate by phone, so long as they and the participants in the meeting can
hear and be heard.
4.9 Voting: Each Executive Council member (or alternate attending for members) is entitled
to one vote upon each matter submitted to a vote at a meeting of Executive Council; and
a unanimous vote is required for approval of any matter submitted to a vote, unless
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otherwise provided for in this Agreement.
4.10 Vacancies: Any vacancy occurring in the Executive Council (or alternate) shall be filled
by the Party designating the member (or alternate) which member shall be their acting
fire chief.
4.11 E-mail Notice and Meeting Action: Each Party consents to notice and meeting action
via e-mail in accordance with the following:
4.11.1 Official E-mail Address Designation: Each Party shall notify each Executive
Council member and each Ex-officio member and the Secretary/Treasurer the
official e-mail contact of its Executive Council member and its alternates and
each Limited Party shall provide for the official e-mail contact of its Ex-officio
Member; and
4.11.2 Consent to Notice and Action Via E-mail: Each Party and each Limited Party
consents to all notice of meetings and actions by the Executive Council, which
are being conducted via e-mail, shall be initiated, delivered and conducted using
the official e-mail addresses as designed; and
4.11.3 E-mail Voting: The members of the Executive Council may consent to official
action of the Executive Council via e-mail without a meeting subject first to the
unanimous consent of all Executive Council members.
4.12 Party Agency for Contract and Invoice Approval: In order to facilitate the TVCFA
Policy and Procedure, it is anticipated that the Parties will be entering into contracts and
incurring payment obligations in the ordinary course of business and the Executive
Council has the authority of the Parties to approve contracts and purchases subject to the
following conditions:
4.12.1 There has been an appropriation approved by the governing boards of the Parties
in the budget process to pay for the contract obligation or purchase; and
4.12.2 The Executive Council has approved the contract and/or purchase; and
4.12.3 The Executive Council approves who signs the contract and/or purchase; and
4.12.4 The Signature is in accordance with the following form:
Treasure Valley Cooperate Fire Authority by: ______________/Chairman.
SECTION 5
OFFICERS OF THE EXECUTIVE COUNCIL
5.1 Annual Meeting Appointment of Officers: The Executive Council shall conduct an
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annual meeting in February of each calendar year at which meeting the Executive
Council elects a Chairman, Vice Chairman [both of whom must be members of the
Executive Council] and a Secretary/Treasurer [who may or may not be a member of the
Executive Council].
5.2 Chairman Duties: The Chairman shall, when present, preside at all meetings of the
Executive Council. The Chairman may sign, with the Secretary/Treasurer or any other
proper Member as authorized by the Executive Council, contracts, or other instruments,
and in general perform all duties incident to the office of Chairman and such other duties
as may be prescribed by the Executive Council from time to time.
5.3 Vice Chairman Duties: The Vice Chairman shall, when present, and in the absence of
the Chairman preside at meetings of the Executive Council. The Vice Chairman in the
absence of the Chairman may sign, with the Secretary/Treasurer or any other proper
Member as authorized by the Executive Council, contracts, or other instruments, and in
general perform all duties incident to the office of Vice Chairman and such other duties
as may be prescribed by the Executive Council from time to time.
5.4 Secretary/Treasurer Duties: The Secretary shall:
5.4.1 Keep accurate minutes of the proceedings of the Executive Council in one or
more books provided for that purpose and after approval provide copies to the
Parties; and
5.4.2 See that all notices are duly given in accordance with the provisions of this
Agreement and as required by law; and
5.4.3 Be custodian of the Executive Council records; and
5.4.4 Keep a register of the designated e-mail address of each Executive Council
member, the Alternates and Ex-officio Executive Council which shall be
furnished to the Secretary/Treasurer by each designating Party; and
5.4.5 Sign, with the Chairman, contracts or other instruments which the Executive
Council has authorized to be executed; and
5.4.6 Unless otherwise herein in this Agreement provided or otherwise set forth in a
TVCA Policies and Procedures, shall have charge and custody of and be
responsible for all funds of the Executive Council; and
5.4.7 Be bonded in an amount as determined by the Executive Council; and
5.4.8 Unless otherwise herein in this Agreement provided or otherwise set forth in a
Specifications of TVCFA Policies and Procedures, receive and give receipts for
moneys due and payable to the Executive Council from any source whatsoever,
and deposit all such moneys in the name of the Executive Council with the State
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Treasurer and or in such banks, trust companies or other depositories as shall be
selected by the Executive Council; and
5.4.9 Keep the official registry of notice address of each party and provide notice to all
parties of all official actions of the Executive Council and all notices as provided
in Sections 4, 10, and 11 of this Agreement; and
5.4.10 In general, perform all of the duties incident to the office of Secretary/Treasurer
and such other duties as from time to time may be assigned by the Executive
Council.
5.4.11 Respond, on behalf of any Party or Limited Party, to any public records request
for a public record which is in the custody of the Secretary/Treasurer.
5.5 Employees/Independent Contractors: The Executive Council may employ persons and
or acquire the services of independent contractors in the performance of the
administration of this Agreement as it deems necessary and desirable and subject to
approval of such expense in the Budget, and if not provided in the Budget, then by
special approval of all the Parties.
SECTION 6
CONTRACTS, LOANS, CHECKS AND DEPOSITS
6.1 Contracts: The Executive Council is authorized to enter into contracts and execute and
deliver any instrument in the name of the Executive Council, pursuant to this Agreement
and on behalf of and under the authority of the respective governing boards of the Parties
to this Agreement as their duly authorized agent in the conduct of the ordinary course and
scope of day to day operations of this Agreement.
6.2 Loans: No loans shall be contracted on behalf of the Executive Council and this
Agreement and no evidences of indebtedness shall be issued in its name, unless
authorized by a resolution of the Executive Council and approved by each Party/Parties.
6.3 Checks, Drafts, etc.: All checks, drafts or other orders for the payment of money, notes
or other evidences of indebtedness issued in the name of the Executive Council, shall be
signed by not less than two of such officers of the Executive Council and in such manner
as shall from time to time be determined by resolution of the Executive Council.
6.4 Deposits: Unless otherwise herein in this Agreement provided or otherwise set forth in a
TVCFA Policy and Procedure, all funds of this Agreement shall be deposited from time
to time to the credit of the Parties to this Agreement in such banks, trust companies or
other depositories as the Executive Council may select.
SECTION 7
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BUDGET/SURPLUS DISTRIBUTION/FISCAL YEAR/AUDIT
7.1 Budget: The Executive Council, at a meeting set in June of each calendar year or at such
other time as the Executive Council may designate, may, if needed, adopt a budget for
recommendation to the Parties to pay for the expenses of the conduct of the business and
obligations incurred under and pursuant to this Agreement.
7.1.1 The Budget Adoption Process: In the event a budget is needed and proposed to
the Parties by the Executive Council:
7.1.1.1 Each Party shall include any expenditure and income anticipated from
the Budget of this Agreement in their proposed Budget and notice and
public hearing in the approved budget; and
7.1.1.2 Each Party shall, in their budget process, include the approval of the
budget of this Agreement; and
7.1.1.2.1 The Parties agree to immediately communicate to each
other and to the Executive Council any disapproval of the
recommended Budget of the Executive Council in order
that the parties to this agreement can timely finalize their
budgets and budget certifications of property tax to the
County Clerk which is required by the Thursday prior to
the second Monday in September of each calendar year.
7.1.2 Budget Approval: The Budget for this Agreement is adopted when approved by
all Parties to this Agreement.
7.2 Fiscal Year: The Fiscal Year for the administration of this Agreement shall commence
October 1 st and end September 30 th of each calendar year.
7.3 Audit: The costs of an audit, when performed, shall be considered an administrative
expense of this Agreement and shall be conducted at least every five (5) years.
SECTION 8
PROPERTY OWNERSHIP AND VALUE
8.1 Real/Personal Property Ownership: Real and/or Personal Property which is acquired
with budgeted funds pursuant to this Agreement shall be jointly and equally owned by the
Initial Parties unless otherwise specifically identified by the Executive Council.
8.2 Per Share Value Of Party Ownership: The Purpose of and the per share value of Party
Ownership in the real and personal property which is jointly owned and assigned to this
Agreement shall be determined and agreed to as follows:
8.2.1 The Purpose: The purpose of the process and determination of per share value is
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to facilitate GASB 34 Reporting, and to facilitate termination and dissolution of
this Agreement and otherwise for the benefit of the Parties.
8.2.2 Factors and Process for Per Share Valuation: The Executive Council shall
determine in the first year factors and the process for Per Share Valuation by
which all capital fixed assets, and all other assets under the administration of this
Agreement, are to be valued. The Executive Council shall then recommend those
factors and that process for Per Share Valuation for approval by the Parties. The
adoption of the factors and the process for Per Share Valuation requires the
approval of all Parties to this Agreement.
8.2.3 Each year as part of the budget process the Executive Council [using the
adopted factors and the process for Per Share Valuation] shall make
recommendations to the Parties, of the then current value of the Real and Personal
Property, which is jointly owned and assigned to this Agreement, and shall also
recommend the per share value of each Party which shall be applied in the event
of a notice of Termination and withdrawal is given by any party in the next fiscal
year.
8.2.3.1 Party Approval required: The per-share value must be approved by
each Party each year in the budget process.
8.2.3.2 Certificate of Value: Each agreed to determination of per share value
shall be endorsed by each Party with the date of the valuation on the
Certificate of Value and the amount with a copy to each Party.
SECTION 9
TVCFA POLICY AND PROCEDURE
9.1 Scope of TVCFA Policy and Procedure governed under this Agreement: The
TVCFA Policy and Procedure may be adopted and established by the Executive Council,
pursuant to this Agreement, which are herein this section identified as to their scope and
primary subject content:
9.1.1 The TVCFA Policy and Procedure for Recruit Training Academy Admittance and
Subsequent Hiring as identified in the policy and procedure so titled and approved
by the Executive Council.
9.1.2 The TVCFA Policy and Procedure for Managing Logistics, to include equipment
and supplies, as identified in the policy and procedure so titled and approved by
the Executive Council.
9.1.3 The TVCFA Policy and Procedure for Managing Fleet Maintenance and Repair
as identified in the policy and procedure so titled and approved by the Executive
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Council.
9.1.4 The TVCFA Policy and Procedure for Analyzing Response Patterns and Volume
and Providing for Automatic and Mutual Aid , as identified in the policy and
procedure so titled and approved by the Executive Council.
9.1.5 The TVCFA Policy and Procedure for Managing Capital Improvement, to include
the Management of Qualifications Based Selection of Design Professionals and
Construction Managers, as identified in the policy and procedure so titled and
approved by the Executive Council.
9.1.6 The TVCFA Operational Policy and Procedure for Managing Shared Software
Acquisition and Maintenance, as identified in the policy and procedure so titled
and approved by the Executive Council.
9.2 TVCFA Policy and Procedure to be in writing: The TVCFA Policy and Procedure
and any amendments thereto shall be in writing with an effective date, shall be approved
by the Executive Council, with the original retained by the Secretary-Treasurer and a
copy provided to each of the Parties and all affected Limited Parties.
9.3 Additional TVCFA Policy and Procedure: In the event the Parties seek to limit or
expand the scope of the Executive Council authority to promulgate and approve TVCFA
Policy and Procedure shall require an amendment of this Section of the Agreement.
SECTION 10
ALL PARTY RESPONSIBILITIES
10.1 It is the responsibility of each Party to:
10.1.1 Provide adequate training and/or certification and/or licensure of their Personnel
if required as a condition to performing any activity pursuant to this Agreement
unless otherwise specifically agreed to by the Parties in the administration of
this Agreement.
10.1.2 Be solely responsible to its own Personnel for the payment of wages and other
compensation and for workers’ compensation coverage unless otherwise
specifically agreed to by the Parties in the administration of this Agreement.
10.1.3 Be responsible for its own facilities, equipment and personnel and bear the risk
of any loss or damage to its facilities, equipment or injury to its personnel
occurring as a result of the performance of any activity pursuant to this
Agreement unless otherwise specifically agreed to by the Parties.
10.1.4 Keep Parties currently informed of any changes of its address or its designated
Executive Council member and Alternates address.
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10.1.5 Website. The Parties will develop and maintain a TVCFA website for purposes
of information and communication. The Parties will share equally in the cost of
maintenance as approved through the approved budget. Meridian through its
Fire Department will host and manage the website.
SECTION 11
TERM/DURATION/ADDITIONAL PARTY/LIMITED PARTY ADMISSION
TERMINATION/ EXPULSION/ DISPOSITION OF PROPERTY
11.1 Initially: This Agreement shall commence initially at such time as the Initial Parties have
executed this Agreement and notice of the same together with the identification of its
Executive Council and Alternate have been provided to the other Initial Parties.
11.2 Addition of Potential Party: This Agreement shall commence for any other Potential
Party/Parties at such time as the Initial Parties have all approved conditions for admission
and have approved the addition of the Potential Party and the Potential Party’s governing
has approved a resolution authorizing the performance of the conditions and the
execution of this Agreement and notice of the same together with the identification of its
of Director and Alternate have been provided to the Parties.
11.3 Limited Party Admission: Any Potential Party may seek to be a Limited Party wherein
they enter into a formal Agreement with the Parties, which specifies the terms and
conditions for their participation in selected TVCFA Policy and Procedure provided for
in this Agreement.
11.3.1 Admission of a Limited Party is subject to the approval of the Executive Council
in the exercise of their discretion and as authorized agents of the governing s of
the Parties.
11.4 Termination and Withdrawal of Party: A Party may terminate and withdraw its
participation in this Agreement by providing advance written notice to all the other
Parties which notice must be provided on or before the first day of April which takes
effect on the first day of October of the same Year.
11.5 Expulsion of Party for Cause: A Party may be expelled from this Agreement in the
event it fails to make payments as approved by the Executive Council and the Governing
s of the Parties or in the case of non-cooperation in the performance of the terms and
conditions of this Agreement inclusive of the TVCFA Policy and Procedure collateral
agreement(s), and of which shall be a default of this Agreement by said Party.
11.5.1 The issuance and service of a notice of default requires the approval of all of the
Executive Council except for the member who is representing the Party claimed
to be in default.
11.5.2 At such time as a Party is in default the Executive Council shall approve and send
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and notice of the same and which shall be in writing and executed by all the
members of the non-defaulting Parties.
11.5.3 The notice of default shall set forth the claim of default and the cause/s for said
expulsion and include an offer to set a meeting with the Executive Council where
the Party, claimed to be in default, may show cause why they are not in default
and or otherwise mediate the issues of the claimed default.
11.5.4 After the issuance and service of a notice of default, the Party claimed to be in
default, voting and approval rights under this Agreement shall be suspended
pending the show cause and mediation meeting process and shall remain
suspended in the event the show cause and mediation meeting does not resolve
the issues of default.
11.5.5 The show cause and/or mediation meeting shall be set and held upon mutual
agreement but must be held within 28 days of the issuance and services of the
notice of default.
11.5.6 In the event the show cause and/or mediation meeting does not resolve the issues
of default or there is no meeting requested then the Executive Council shall issue
a Post Show Cause and Mediation Notice of Default and the defaulting Party
shall then have 60 days to cure the default and/or terminate and withdraw.
SECTION 12
NOTICE
12.1 Notice Address Designation: Each Party shall designate in writing its current e-mail
address for the receipt of official notices provided for in this Agreement.
12.2 Notice Effective Date: The effective date of notice, given under this Agreement shall be
upon the day of notice sent by e-mail.
12.3 Secretary/Treasurer Notice Duties: The Secretary Treasurer shall:
12.3.1 Receive from the Party(s) and distribute to all Parties the following:
12.3.1.1 The minutes and all official actions of the Executive Council.
12.3.2 Keep a current registry of the correct legal name and address of all Parties to
this Agreement and their designees (Executive Council members and
Alternates).
12.3.3 Process notices of withdrawal and termination as provided in Section 11 herein
and proposals for amendment of this Agreement as provided in Section 13
herein.
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SECTION 13
AMENDMENT PROVISIONS
This Agreement may only be amended in accordance with the following process:
13.1 An amendment may be proposed by a Party to this agreement and/or by the Executive
Council.
13.2 A proposed amendment must be in writing and include this entire Agreement as then
existing and shall therein include a strikethrough of any language to be deleted and
underline of any new language of the proposed amendment.
13.3 A proposed Amendment shall contain Statement of Purpose (which shall include a
statement of how the Parties will be affected by the amendment); the Party to contact
for information; the amended Agreement text.
13.4 The proposing party shall also prepare and submit to Secretary/Treasurer the proposed
amendment as above stated, together with a Restated and Amended Agreement form for
service by the Secretary/Treasurer in the event the proposed amendment is approved.
13.5 The Amendment proposal (Agreement Text), Statement of Purpose and a Restated and
Amended Agreement form shall be served upon Secretary/Treasurer by the proponent
Party or Executive Council, as the case may be.
13.6 Secretary/Treasurer shall determine if the Proposed Amendment is in compliance with
this Section and shall advise the proponent Party in the event it is not.
13.7 If the Amendment proposal is in compliance with this Section, the Proposed
Amendment shall be served and submitted to the Parties to this Agreement by
Secretary/Treasurer.
13.8 All Parties’ approval is required for the approval of an Amendment to this Agreement.
13.9 Parties must submit their approval in accordance with service of notice as provided in
this Agreement and within sixty (60) days of the date of the cover notice from
Secretary/Treasurer and in the event a Party fails to submit their approval, the Proposed
Amendment fails to be approved.
13.10 Secretary/Treasurer shall tally the approvals and or disapprovals within a reasonable
time, or in the case of no response, then soon after the sixty (60) day period for
response.
13.11 Secretary/Treasurer shall then give notice to the Parties of the results, and in the event
the Amendment passes, the Secretary-Treasurer shall also include with notice to the
parties, the Restated and Amended Agreement.
SECTION 14
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GENERAL PROVISIONS
14.1 This Agreement shall not relieve any Initial Party and/or Party of any obligation or
responsibility imposed upon it by law, except that to the extent of actual and timely
performance thereof by a joint board or other legal or administrative entity created by
Agreement made hereunder, said performances may be offered in satisfaction of the
obligation or responsibility.
14.2 No Third Party Beneficiaries: Each Party to this Agreement intends that this
Agreement shall not benefit or create any right or cause of action in or on behalf of any
person or legal entity other than the Parties hereto.
14.3 Severability: Should any term or provision of this Agreement, or the application thereof
to any person, parties, or circumstances, for any reason be declared illegal or invalid,
such illegality or invalidity shall not affect any other provision of this Agreement and this
Agreement shall be construed and enforced as if such illegal or invalid provision had not
been contained herein.
14.4 Counterparts and Process to Become a Party: This Agreement will be executed and
delivered in counterparts, one for each Initial Party, and at such time as the governing of
a Potential Party adopts the necessary resolution authorizing the execution of the
counterpart and a written notice thereof (including a copy of the resolution or other
authorizing act of its governing board) is provided to Secretary/Treasurer, this Agreement
shall then be in full force and effect to such Parties and shall have the force and effect of
an original, and copies of the signature pages of all counterparts shall be provided to all
parties to this Agreement by Secretary/Treasurer.
14.5 Captions: The subject headings of the paragraphs and subparagraphs of this Agreement
are included for purposes of convenience only and shall not affect the construction or
interpretation of any of its provisions.
IN WITNESS WHEREOF, the undersigned parties have by action and/or authority of
their governing boards caused this Agreement to be executed.
CITY OF CALDWELL:
Dated this _____day of __________________, 2016
By:
Garret Nancolas, Mayor Fire Chief
Attest:__________________________________
Debbie Geyer, City Clerk
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STAR FIRE PROTECTION DISTRICT:
Dated this _____day of __________________, 2016
By:
Jared Moyle, Chair Fire Chief
Board of Commissioners
Attest:__________________________________
District Secretary
CITY OF MERIDIAN:
Dated this _____day of __________________, 2016
By:
Tammy de Weerd, Mayor Fire Chief
Attest:__________________________________
C. Jay Coles, City Clerk
CITY OF NAMPA:
Dated this _____day of __________________, 2016
By:
Bob Henry, Mayor Fire Chief
Attest:__________________________________
Deborah Bishop, City Clerk
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TREASURE VALLEY COOPERATIVE FIRE AUTHORITY FIRE COOPERATIVE
INTERAGENCY AND JOINT POWERS AGREEMENT
Parties to Agreement:
City of Caldwell Caldwell 411 Blaine St.
Caldwell, Idaho 83605
City of Meridian Meridian 33 E. Broadway Ave.
Meridian Idaho
City of Nampa Nampa 411 3 rd St. S.
Nampa, Idaho
Star Fire Protection District Star 10831 E. Main Street
Star, Idaho
THIS AGREEMENT This INTERAGENCY AND JOINT POWERS AGREEMENT is
made this ___ day of ________________, 2016 2017 by and between the Parties as herein to this
Agreement as herein defined.
NOW, THEREFORE , in consideration of the mutual terms, covenants, and conditions
contained herein and the recitals set forth which are a material part of the Agreement, the Parties
agree as follows:
SECTION 1
DEFINITIONS
1.1 Agreement: Means and refers to this Agreement which may be referred to and cited as
Treasure Valley Cooperative Fire Authority Fire Cooperative Interagency and Joint
Powers Agreement and/or TVCFATVFC .
1.2 Executive Council Administrative Council : Means and refers to the Cooperative Fire
Authority Fire Cooperative Executive Council Administrative Council as herein this
Agreement provided for, and shall constitute the Fire Chiefs of the Initial Parties .
1.3 Caldwell: Means and refers to the City of Caldwell, a municipal corporation organized
and existing under and by virtue of the laws of the state of Idaho who is an Initial Party to
this Agreement.
1.4 Caldwell Fire Department: Means and refers to the Fire Department of Caldwell
created and existing by Caldwell in accordance with its authority pursuant to Idaho Code
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Section 50-309.
1.5 Initial Parties: Means and refers collectively to Caldwell, Meridian, Nampa, and Star.
1.6 Limited Party/Parties: This term may herein this Agreement appear either as Limited
Party or Limited Parties depending on the context and means and refers to any Fire
Protection District and/or a City, with a Fire Department whose boundaries are within or
partially within the Counties of Ada and/or Canyon, state of Idaho; who, by formal
Agreement with the Parties, agrees to participate on a limited basis with certain of the
TVCFA TVFC Policy and Procedure collateral agreement/s provided for in this
Agreement.
1.7 Member: Means and refers to a member of the Executive Council Administrative
Council , or his/her alternate.
1.8 Meridian: Means and refers to the City of Meridian, a municipal corporation organized
and existing under and by virtue of the laws of the state of Idaho who is an Initial Party to
this Agreement.
1.9 Meridian Fire Department: Means and refers to the Fire Department of Meridian
created and existing by Meridian in accordance with its authority pursuant to Idaho Code
Section 50-309.
1.10 Nampa: Means and refers to the City of Nampa, a municipal corporation organized and
existing under and by virtue of the laws of the state of Idaho who is an Initial Party to this
Agreement.
1.11 Nampa Fire Department: Means and refers to the Fire Department of Nampa created
and existing by Nampa in accordance with its authority pursuant to Idaho Code Section
50-309.
1.12 Party/Parties: This term may herein this Agreement appear either as Party or Parties
depending on the context and means and refers to a Party to this Agreement.
1.13 Personnel: Means and refers generically to any volunteer and/or employee of a Party.
1.14 Potential Party/Parties: This term may herein this Agreement appear either as Potential
Party or Potential Parties depending on the context and means and refers to any Fire
Protection District and/or a City with a Fire Department whose boundaries are within or
partially within the Counties of Ada and/or Canyon, state of Idaho.
1.15 TVCFATVFC Policy and Procedure: Means and refers to the specifics of the conduct
of the cooperative operations of the Parties under the authority of and pursuant to the
provisions of this Agreement which are set forth in separate policy and procedure
approved by the Executive Council Administrative Council in accordance with Section 9
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of this Agreement and which collateral agreement and its scope are identified by
reference in Section 9 of this Agreement.
1.16 Star: Means and refers to the Star Fire Protection District, a fire protection district
organized and existing under and by virtue of Chapter 14 of Title 31 Idaho Code who is
an Initial Party to this Agreement.
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1.17 TVCFATVFC : Means and refers, depending upon the context of the acronym in this
Agreement, to Treasure Valley Cooperative Fire Authority Fire Cooperative , comprised of and
pursuant to the cooperative, mutual and joint authority of the Parties exercised by this
Agreement.
SECTION 2
RECITALS
The Initial Parties recite and declare:
2.1 Each Initial Party, Potential Party/Parties and Limited Party/Parties who is a fire
protection district has:
• Been formed for the purpose of the protection of property against fire and the
preservation of life, and enforcement of any of the fire codes and other rules that are
adopted by the state fire marshal pursuant to chapter 2, title 41, Idaho Code, As
provided in Idaho Code Section 31-1401.
• Been organized as provided by Chapter 14 of Title 31, Idaho Code and are a
governmental subdivision of the state of Idaho and a body politic and corporate, and
as such have the power specified in Chapter 14 of Title 31 Idaho Code and whose
powers can be exercised only by the fire protection or by agents and officers acting
under their authority, or authority of law.
2.2 Each Initial Party, Potential Party/Parties and Limited Party/Parties who is a City has:
• Been formed as a municipal corporation as is now provided in Chapter 1 of Title 50
Idaho Code.
• Authority to prevent and extinguish fires and to acquire all necessary apparatus and
equipment to maintain a Fire Department, and
• Authority to contract and to exercise all powers and perform all functions of local
self-government in city affairs, as are not specifically prohibited by or in conflict with
the general laws or the constitution of the State of Idaho, and to make all regulations
necessary to preserve the public health, [I.C. §§ 50-309 and 50-301 and 50-304]; and
• Established and operates a fire department as provided by Idaho Code Section 50-
309.
2.3 All Initial Parties, Potential Parties and Limited Party/Parties have the following
authority:
• Pursuant to Idaho Code Section 67-2330 to contract with one another to perform their
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fire protection services, activities and undertakings which they are authorized by law
to perform; and
• As a public agency to 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; and
• Pursuant to Idaho Code Sections 67-2328 (a) to jointly exercise their fire protection
power, privilege or authority; and
• Pursuant to Idaho Code Section 30-1430 to enter into intra-agency and mutual aid
agreements for the purposes of protecting life and property against loss by fire and for
all other purposes of Chapter 14 of Title 31 Idaho Code; and
• To make purchases on behalf of the TVCFA TVFC or its respective Parties, pursuant
to Idaho Code Section 67-2803(1) and Idaho Code Section 67-2332.
2.4 Each of the Initial City Parties provides fire protection and life preservation services to
the neighboring Fire Protection Districts by their respective Fire Departments pursuant to
service agreement as follows:
• Caldwell Fire Department pursuant to a service agreement provides fire protection
and life preservation services to the Caldwell Rural Fire Protection District; and
• Nampa Fire Department pursuant to a service agreement provides fire protection and
life preservation services to the Nampa Fire Protection District; and
• Meridian Fire Department pursuant to a service agreement provides fire protection
and life preservation services to the Meridian Rural Fire Protection District.
2.5 Each Initial Party, Potential Party/Parties, and Limited Party/Parties have the authority,
pursuant to Idaho Code § 67-2326, to make the most efficient use of their powers by
enabling them to cooperate to their mutual advantage and thereby provide services and
facilities and perform functions in a manner that will best accord with geographic,
economic, population, and other factors influencing the needs and development of the
respective Parties.
2.6 Each Initial Party, Potential Party/Parties, and Limited Party/Parties have the authority,
pursuant to Idaho Code § 67-2328, to exercise any power, privilege or authority
authorized by the Idaho Constitution, statute or charter, held by them jointly with each
other.
2.7 Each Initial Party, Potential Party/Parties and Limited Party/Parties have the authority,
pursuant to Idaho Code § 67-2328, to enter into agreements with one another for joint or
cooperative action which includes, but is not limited to, joint use, ownership and/or
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operation agreements.
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2.8 The Initial Parties have historically been cooperating in many aspects regarding how they
provide fire protection and life preservation services inclusive of:
• Joint Powers Agreement for Emergency Medical Services ; and
• Joint Powers Agreement for Mutual Aid .
2.9 That due to the Initial Parties intentions of continuing their cooperative history, due to the
development of real property and due to the population growth in Ada and Canyon
Counties their mutual circumstances have evolved to the point that there is an increasing
need for the providence of fire protection and life preservation services within the their
boundaries that:
• Minimizes response time ;
• Maintains sufficient and competent personnel and equipment ;
• Is cost effective ; and
• Is consistent and complies with authoritative standards .
2.10 It is the intention, consideration and in the mutual best interests of each Initial Party and
any Potential Party/Parties and any who subsequently enters into this Agreement to
facilitate the need for the providence of fire protection and life preservation service
within the boundaries of the Parties by:
• Establishing a structure and framework by the adoption and implementation of
TVCFATVFC Operational Policy and Procedure for the cooperation of the various
aspects of how each Party:
o Provides for qualifications, testing, and admittance into the Joint Recruit
Academy, and a subsequent process for hiring;
o Manages Logistics, to include Supplies and Equipment;
o Manages Fleet maintenance and repair;
o Analyzes and evaluates response patterns and volume, and provides for automatic
and mutual aid;
o Manages Capital Improvement, to include managing the qualifications based
selection of design professionals and construction managers pursuant to Idaho
Code Section 67-2320 to benefit all parties .;
o Manages shared software acquisition to benefit of all Parties . ; and
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o Providing Provides a structure and framework for the eventual amendment and
expansion of this Agreement to include additional provisions which will govern
the cooperation of the various aspects of how each Party provides fire protection
and life preservation services within the boundaries of the Parties to this
Agreement.
2.11 Each Party has the authority to enter into this Agreement as has been set forth in this
Section.
SECTION 3
JOINT EXERCISE OF POWER AGREEMENT PROVISIONS
3.1 Effective Date: The provisions governing the effective date of this Agreement are set
forth in Section 11 of this Agreement.
3.2 Term and Termination: The Term of this Agreement is This Agreement shall be
automatically renewed annually from the Effective Date unless it is terminated earlier as
provided in Section 11.
3.3 Joint Powers Administrative Body/ Executive Council Administrative
Council /General Powers: The business and affairs of this Agreement shall be
administered, as herein in this Agreement provided, by an Executive
Council Administrative Council which Executive Council Administrative Council is
herein in this Agreement created.
3.4 The Purpose or Purposes of this Joint Powers Agreement are set forth herein in Section
2 of this Agreement and are herein incorporated by this reference.
3.5 The Manner of Finance of a joint or cooperative undertaking and the establishment and
maintenance of a budget therefore, are hereinafter set forth in Section 7 of this
Agreement.
3.6 Termination of this Agreement or the Expulsion of a Party from this Agreement is set
forth in Section 11 of this Agreement.
SECTION 4
COOPERATIVE FIRE AUTHORITY FIRE COOPERATIVE EXECUTIVE
COUNCIL ADMINISTRATIVE COUNCIL ESTABLISHED/
E-MAIL NOTICE/CONTRACT APPROVAL
4.1 Member Authority and duties: There is hereby created an Executive
Council Administrative Council who which shall be known as the “ Cooperative Fire
Authority Fire Cooperative Executive Council Administrative Council ” and which
Executive Council Administrative Council shall have the general authority set forth in
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Section 3.3 of this Agreement and the other duties and responsibilities as is are set forth
in this Agreement.
4.2 Executive Council Administrative Council Number and Appointment: There shall
initially be four (4) members of the Executive Council Administrative Council with one
member representing each Initial Party who shall be the fire chief of the designating each
Initial Party, and thereafter each Party to this Agreement shall designate their its fire chief
as their its Executive Council Administrative Council member and the number of
Executive Council Administrative Council members shall be controlled by the number of
Parties to the Agreement.
4.2.1 Alternates : Each party may also designate two (2) alternate members [designated
first and second alternate] for their designated member , either of whom may vote
only in the absence of the designated member.
4.2.2 Limited Party/Parties: Each Limited Party may designate one (1) member, who
shall be their Fire Chief, and who shall serve as an ex-officio member of the with
limited rights to attend meetings, except for executive sessions, and may
participate in discussions and propose motions to the full but shall have no voting
rights.
4.3 Annual Meeting: The annual meeting of the Executive Council Administrative Council
shall be held on the first Friday in February of each year, beginning with the year 2017, at
the hour of 1:30 p.m., or at such other time on such other day within such month as shall
be fixed by the Executive Council Administrative Council , for the purpose of electing
officers and for the transaction of such other business as may come before the meeting. If
the day fixed for the annual meeting shall be a legal holiday in the State of Idaho, such
meeting shall be held on the next succeeding business day.
4.4 Regular Meetings: The Executive Council Administrative Council shall conduct regular
monthly meetings at a date and time designated by the Executive Council Administrative
Council , unless the members of the Executive Council Administrative Council
unanimously agree to not conduct a regular monthly meeting. The Executive
Council Administrative Council shall have at least eight (8) regular monthly meetings
during each fiscal year.
4.5 Special Meetings: Special meetings of the Executive Council Administrative Council , for
any purpose or purposes, may be called by the Chairman or by any member of the
Executive Council Administrative Council .
4.6 Place of Meeting: The Executive Council Administrative Council may designate any
place, either within or without the territorial boundaries of any Party to this Agreement as
the place of meeting for the annual meeting and for any regular, special and/or budget
meeting and/or for any other meeting.
4.7 Notice of Meeting. Written notice stating the place, day and , hour , and agenda of the
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meeting stating the purpose or purposes for which the meeting is called, shall be made
with a copy thereof to all Executive Council Administrative Council , Alternates Alternate,
and Ex-Officio members no less than forty-eight (48) hours in advance of the meeting
unless an emergency is the basis of the call of the meeting.
4.8 Quorum: A majority of the members (or alternates attending for members) of the
Executive Council Administrative Council shall constitute a quorum at a meeting of
Executive Council Administrative Council and a member may participate by phone, so
long as they and the participants in the meeting can hear and be heard.
4.9 Voting: Each Executive Council Administrative Council member (or alternate attending
for members) is entitled to one vote upon each matter submitted to a vote at a meeting of
Executive Council Administrative Council ; and a unanimous vote is required for approval
of any matter submitted to a vote, unless otherwise provided for in this Agreement.
4.10 Vacancies: Any vacancy occurring in the Executive Council Administrative Council (or
alternate) shall be filled by the Party designating the member (or alternate) which
member shall be their acting fire chief.
4.11 E-mail Notice and Meeting Action: Each Party consents to notice and meeting action
via e-mail in accordance with the following:
4.11.1 Official E-mail Address Designation: Each Party shall notify each Executive
Council Administrative Council member and each Ex-officio member and the
Secretary/Treasurer of the official e-mail contact address of its Executive
Council Administrative Council member and its alternates and each Limited
Party shall provide for the official e-mail contact address of its Ex-officio
Member; and
4.11.2 Consent to Notice and Action Via E-mail: Each Party and each Limited Party
consents to all notice of meetings and actions by the Executive
Council Administrative Council , which are being conducted via e-mail, shall be
initiated, delivered and conducted using the official e-mail addresses as
designed; and
4.11.3 E-mail Voting: The members of the Executive Council Administrative Council
may consent to official action of the Executive Council Administrative Council
via e-mail without a meeting subject first to the unanimous consent of all
Executive Council Administrative Council members.
4.12 Party Agency for Contract and Invoice Approval: In order to facilitate the
TVCFA TVFC Policy and Procedure, it is anticipated that the Parties will be entering into
contracts and incurring payment obligations in the ordinary course of business and the
Executive Council Administrative Council has the authority of the Parties to approve
contracts and purchases subject to the following conditions:
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4.12.1 There has been an appropriation approved by the governing boards of the Parties
in the budget process to pay for the contract obligation or purchase; and
4.12.2 The Executive Council Administrative Council has approved the contract and/or
purchase; and
4.12.3 The Executive Council Administrative Council approves who Chair signs the
contract and/or purchase; and
4.12.4 The Signature is in accordance with the following form:
Treasure Valley Cooperate Fire Authority by: ______________/Chairman.
SECTION 5
OFFICERS OF THE EXECUTIVE COUNCIL ADMINISTRATIVE COUNCIL
5.1 Annual Meeting Appointment of Officers: The Executive Council Administrative
Council shall conduct an annual meeting in February of each calendar year at which
meeting the Executive Council Administrative Council elects a Chairman, Vice Chairman
[both of whom must be members of the Executive Council Administrative Council ] and a
Secretary/Treasurer [who may or may not be a member of the Executive
Council Administrative Council ].
5.2 Chairman Duties: The Chairman shall set the agenda of all meetings of the Executive
Council Administrative Council and provide such agenda to the Secretary/Treasurer to
provide to the members , and when present, preside at all meetings of the Executive
Council Administrative Council . The Chairman may sign, with the Secretary/Treasurer or
any other proper Member as authorized by the Executive Council Administrative Council ,
contracts, or other instruments, and in general perform all duties incident to the office of
Chairman and such other duties as may be prescribed by the Executive
Council Administrative Council from time to time.
5.3 Vice Chairman Duties: The Vice Chairman shall, when present, and in the absence of
the Chairman preside at meetings of the Executive Council Administrative Council . The
Vice Chairman in the absence of the Chairman may sign, with the Secretary/Treasurer or
any other proper Member as authorized by the Executive Council Administrative Council ,
contracts, or other instruments, and in general perform all duties incident to the office of
Vice Chairman and such other duties as may be prescribed by the Executive
Council Administrative Council from time to time.
5.4 Secretary/Treasurer Duties: The Secretary /Treasurer shall:
5.4.1 Keep accurate minutes of the proceedings of the Executive
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Council Administrative Council in one or more books provided for that purpose
and after approval provide copies to the Parties; and
5.4.2 See that all notices are duly given in accordance with the provisions of this
Agreement and as required by law; and
5.4.3 Be custodian of the Executive Council Administrative Council records; and
5.4.4 Keep a register of the designated e-mail address of each Executive
Council Administrative Council member , the Alternates Alternate, and Ex-officio
Executive Council Administrative Council member which shall be furnished to
the Secretary/Treasurer by each designating Party; and
5.4.5 Sign, with the Chairman, contracts or other instruments which the Executive
Council Administrative Council has authorized to be executed; and
5.4.6 Unless otherwise herein in this Agreement provided or otherwise set forth in a
TVCA Policies and Procedures, shall have charge and custody of and be
responsible for all funds of the Executive Council Administrative Council ; and
5.4.7 Be bonded in an amount as determined by the Executive Council Administrative
Council ; and
5.4.8 Unless otherwise herein in this Agreement provided or otherwise set forth in a
Specifications of TVCFATVFC Policies and Procedures, receive and give
receipts for moneys due and payable to the Executive Council Administrative
Council from any source whatsoever, and deposit all such moneys in the name of
the Executive Council Administrative Council with the State Treasurer and or in
such banks, trust companies or other depositories as shall be selected by the
Executive Council Administrative Council ; and
5.4.9 Keep the official registry of notice address of each party and provide notice to all
parties of all official actions of the Executive Council Administrative Council and
all notices as provided in Sections 4, 10, and 11 of this Agreement; and
5.4.10 In general, perform all of the duties incident to the office of Secretary/Treasurer
and such other duties as from time to time may be assigned by the Executive
Council Administrative Council .; and
5.4.11 Respond, on behalf of any Party or Limited Party, to any public records request
for a public record which is in the custody of the Secretary/Treasurer.
5.5 Employees/Independent Contractors: The Executive Council Administrative Council
may employ persons and and/ or acquire the services of independent contractors in the
performance of the administration of this Agreement as it deems necessary and desirable
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and subject to approval of such expense in the Budget, and if not provided in the Budget,
then by special approval of all the Parties.
SECTION 6
CONTRACTS, LOANS, CHECKS AND DEPOSITS
6.1 Contracts: The Executive Council Administrative Council is authorized to enter into
contracts and execute and deliver any instrument in the name of the Executive
Council Administrative Council , pursuant to this Agreement and on behalf of and under
the authority of the respective governing boards of the Parties to this Agreement as their
duly authorized agent in the conduct of the ordinary course and scope of day to day
operations of this Agreement.
6.2 Loans: No loans shall be contracted on behalf of the Executive Council Administrative
Council and this Agreement and no evidences of indebtedness shall be issued in its name ,
unless authorized by a resolution [EK1] of the Executive Council Administrative Council
and approved by [EK2] each Party/Parties .
6.3 Checks, Drafts, etc.: All checks, drafts or other orders for the payment of money , notes
or other evidences of indebtedness issued in the name of the Executive
Council Administrative Council , shall be signed by not less than two of such officers of
the Executive Council Administrative Council and in such manner as shall from time to
time be determined by resolution of the Executive Council Administrative Council .
6.4 Deposits: Unless otherwise herein in this Agreement provided or otherwise set forth in a
TVCFA TVFC Policy and Procedure, all funds of this Agreement shall be deposited from
time to time to the credit of the Parties to this Agreement in such banks, trust companies
or other depositories as the Executive Council Administrative Council may select.
SECTION 7
BUDGET/SURPLUS DISTRIBUTION/FISCAL YEAR/AUDIT
7.1 Budget: The Executive Council Administrative Council , at a meeting set in June of each
calendar year or at such other time as the Executive Council Administrative Council may
designate, may, if needed, adopt a budget for recommendation to the Parties to pay for
the expenses of the conduct of the business and obligations incurred under and pursuant
to this Agreement.
7.1.1 The Budget Adoption Process: In the event a budget is needed and proposed to
the Parties by the Executive Council Administrative Council :
7.1.1.1 Each Party shall include any expenditure and income [EK3] anticipated
from the Budget of this Agreement in their its proposed Budget and
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notice and public hearing in the approved budget ; and
7.1.1.2 Each Party shall, in their its budget process, include the approval of the
budget of this Agreement; and
7.1.1.2.1 The Parties agree to immediately communicate to each
other and to the Executive Council Administrative Council
any disapproval of the recommended Budget of the
Executive Council Administrative Council in order that the
parties to this agreement can timely finalize their budgets
and budget certifications of property tax to the County
Clerk which is required by the Thursday prior to the
second Monday in September of each calendar year.
7.1.2 Budget Approval: The Budget for this Agreement is adopted when approved by
all Parties to this Agreement.
7.2 Fiscal Year: The Fiscal Year for the administration of this Agreement shall commence
October 1 st and end September 30 th of each calendar year.
7.3 Audit: The costs of an audit, when performed, shall be considered an administrative
expense of this Agreement and shall be conducted at least every five (5) years.
SECTION 8
PROPERTY OWNERSHIP AND VALUE
8.1 Real/Personal Property Ownership: Real and/or Personal Property which is acquired
with budgeted funds pursuant to this Agreement shall be jointly and equally owned by the
Initial Parties unless otherwise specifically identified by the Executive
Council Administrative Council .
8.2 Per Share Value Of Party Ownership: The Purpose of and the per share value of Party
Ownership in the real and personal property which is jointly owned and assigned to this
Agreement shall be determined and agreed to as follows:
8.2.1 The Purpose: The purpose of the process and determination of per share value is
to facilitate GASB 34 Reporting, and to facilitate termination and dissolution of
this Agreement and otherwise for the benefit of the Parties.
8.2.2 Factors and Process for Per Share Valuation: The Executive
Council Administrative Council shall determine in the first year factors and the
process for Per Share Valuation by which all capital fixed assets, and all other assets
under the administration of this Agreement, are to be valued. The Executive
Council Administrative Council shall then recommend those factors and that
process for Per Share Valuation for approval by the Parties. The adoption of the
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factors and the process for Per Share Valuation requires the approval of all Parties
to this Agreement.
8.2.3 Each year as part of the budget process the Executive Council Administrative
Council [using the adopted factors and the process for Per Share Valuation] shall
make recommendations to the Parties, of the then current value of the Real and Personal
Property, which is jointly owned and assigned to this Agreement, and shall also
recommend the per share value of each Party which shall be applied in the event
of a notice of Termination and withdrawal is given by any party in the next fiscal
year.
8.2.3.1 Party Approval required: The per-share value must be approved by
each Party each year in the budget process.
8.2.3.2 Certificate of Value: Each agreed to determination of per share value
shall be endorsed by each Party with the date of the valuation on the
Certificate of Value and the amount with a copy to each Party.
SECTION 9
TVCFA TVFC POLICY AND PROCEDURE
9.1 Scope of TVCFA TVFC Policy and Procedure governed under this Agreement: The
TVCFA TVFC Policy and Procedure Policies and Procedures may be adopted and
established established by the Executive Council Administrative Council , pursuant to this
Agreement, which are herein this section identified as to their scope and primary subject
content:
9.1.1 The TVCFA TVFC Policy and Procedure for Recruit Training Academy
Admittance and Subsequent Hiring as identified in the policy and procedure so
titled and approved by the Executive Council Administrative Council .
9.1.2 The TVCFA TVFC Policy and Procedure for Managing Logistics, to include
equipment and supplies, as identified in the policy and procedure so titled and
approved by the Executive Council Administrative Council .
9.1.3 The TVCFA TVFC Policy and Procedure for Managing Fleet Maintenance and
Repair as identified in the policy and procedure so titled and approved by the
Executive Council Administrative Council .
9.1.4 The TVCFA TVFC Policy and Procedure for Analyzing Response Patterns and
Volume and Providing for Automatic and Mutual Aid , as identified in the policy
and procedure so titled and approved by the Executive Council Administrative
Council .
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9.1.5 The TVCFA TVFC Policy and Procedure for Managing Capital Improvement, to
include the Management of Qualifications Based Selection of Design
Professionals and Construction Managers, as identified in the policy and
procedure so titled and approved by the Executive Council Administrative
Council .
9.1.6 The TVCFA TVFC Operational Policy and Procedure for Managing Shared
Software Acquisition and Maintenance, as identified in the policy and procedure
so titled and approved by the Executive Council Administrative Council .
9.2 TVCFA TVFC Policy and Procedure Policies and Procedures to be in writing: The
TVCFA TVFC Policy and Procedure Policies and Procedures and any amendments
thereto shall be in writing with an effective date, shall be approved by the Executive
Council Administrative Council , with the original retained by the Secretary -/Treasurer
and a copy provided to each of the Parties and all affected Limited Parties.
9.3 Additional TVCFA TVFC Policy and Procedure: In the event the Parties seek to limit
or expand Limitation or expansion of the scope of the Executive Council Administrative
Council’s authority to promulgate and approve TVCFA TVFC Policy and Procedure shall
require an amendment of this Section of the Agreement.
SECTION 10
ALL PARTY RESPONSIBILITIES
10.1 It is the responsibility of each Party to:
10.1.1 Provide adequate training and/or certification and/or licensure of their Personnel
if required as a condition to performing any activity pursuant to this Agreement
unless otherwise specifically agreed to by the Parties in the administration of
this Agreement.
10.1.2 Be solely responsible to its own Personnel for the payment of wages and other
compensation and for workers’ compensation coverage unless otherwise
specifically agreed to by the Parties in the administration of this Agreement.
10.1.3 Be responsible for its own facilities, equipment and personnel and bear the risk
of any loss or damage to its facilities, equipment or injury to its personnel
occurring as a result of the performance of any activity pursuant to this
Agreement unless otherwise specifically agreed to by the Parties.
10.1.4 Keep Parties currently informed of any changes of its address or its designated
Executive Council Administrative Council member ’s and Alternates ’ address.
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10.1.5 Website. The Parties will develop and maintain a TVCFATVFC website for
purposes of information and communication. The Parties will share equally in
the cost of maintenance as approved through the approved budget. Meridian
through its Fire Department will host and manage the website.
SECTION 11
TERM/DURATION/ADDITIONAL PARTY/LIMITED PARTY ADMISSION
TERMINATION/ EXPULSION/ DISPOSITION OF PROPERTY
11.1 Initially: This Agreement shall commence initially at such time as the Initial Parties have
executed this Agreement and notice of the same together with the identification of its
Executive Council Administrative Council and Alternate have been provided to the other
Initial Parties.
11.2 Addition of Potential Party: This Agreement shall commence for any other Potential
Party/Parties at such time as the Initial Parties have all approved conditions for admission
and have approved the addition of the Potential Party and the Potential Party’s governing
has approved a resolution authorizing the performance of the conditions and the
execution of this Agreement and notice of the same together with the identification of its
of Director and Alternate have been provided to the Parties.
11.3 Limited Party Admission: Any Potential Party may seek to be a Limited Party wherein
they enter into a formal Agreement with the Parties, which specifies the terms and
conditions for their participation in selected TVCFA TVFC Policy and Procedure
provided for in this Agreement.
11.3.1 Admission of a Limited Party is subject to the approval of the Executive
Council Administrative Council in the exercise of their discretion and as
authorized agents of the governing s[EK4] of the Parties .
11.4 Termination and Withdrawal of Party: A Party may terminate and withdraw its
participation in this Agreement by providing advance written notice to all the other
Parties which notice must be provided on or before the first day of April which takes
effect on the first day of October of the same Year.
11.5 Expulsion of Party for Cause: A Party may be expelled from this Agreement in the
event it fails to make payments as approved by the Executive Council Administrative
Council and the Governing board s of the Parties [EK5] or in the case of non-cooperation in
the performance of the terms and conditions of this Agreement inclusive of the
TVCFA TVFC Policy and Procedure collateral agreement(s), and of which shall be a
default of this Agreement by said Party.
11.5.1 The issuance and service of a notice of default requires the approval of all of the
Executive Council Administrative Council except for the member who is
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representing the Party claimed to be in default.
11.5.2 At such time as a Party is in default the Executive Council Administrative Council
shall approve and send and notice of the same and , which notice shall be in
writing and executed by all the members of the non-defaulting Parties.
11.5.3 The notice of default shall set forth the claim of default and the cause/s for said
expulsion and include an offer to set a meeting with the Executive
Council Administrative Council where the Party , claimed to be in default , may
show cause why they are it is not in default and or otherwise mediate the issues of
the claimed default.
11.5.4 After the issuance and service of a notice of default, the Party claimed to be in
default, voting and approval rights of the Party claimed to be in default under this
Agreement shall be suspended pending the show cause and mediation meeting
process and shall remain suspended in the event the show cause and mediation
meeting does not resolve the issues of default.
11.5.5 The show cause and/or mediation meeting shall be set and held upon request of
the Party claimed to be in default, on a mutual ly agreement agreed upon date,
time, and place, but must be held within 28 days of the issuance and service s of
the notice of default.
11.5.6 In the event the show cause and/or mediation meeting does not resolve the issues
of default or there is no meeting requested if the Party claimed to be in default
does not request a meeting, then the Executive Council Administrative Council
shall issue a Post Show Cause and Mediation Notice of Default and the defaulting
Party shall then have 60 days to cure the default and/or terminate and withdraw.
SECTION 12
NOTICE
12.1 Notice Address Designation: Each Party shall designate in writing its current e-mail
address for the receipt of official notices provided for in this Agreement.
12.2 Notice Effective Date: The effective date of notice, given under this Agreement shall be
upon the day of notice sent by e-mail.
12.3 [EK6] Secretary/Treasurer Notice Duties: The Secretary Treasurer shall:
12.3.1 Receive from the Party(s) and distribute to all Parties the following:
12.3.1.1 The minutes and all official actions of the Executive
Council Administrative Council .
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12.3.2 Keep a current registry of the correct legal name and address of all Parties to
this Agreement and their designees (Executive Council Administrative Council
members and Alternates).
12.3.3 Process notices of withdrawal and termination as provided in Section 11 herein
and proposals for amendment of this Agreement as provided in Section 13
herein.
SECTION 13
AMENDMENT PROVISIONS
This Agreement may only be amended in accordance with the following process:
13.1 An amendment may be proposed by a Party to this agreement and/or by the Executive
Council Administrative Council .
13.2 A proposed amendment must be in writing and include this entire Agreement as then
existing and shall therein include a strikethrough of any language to be deleted and
underline of any new language of the proposed amendment.
13.3 A proposed Amendment shall contain Statement of Purpose (which shall include a
statement of how the Parties will be affected by the amendment); the Party to contact
for information; and the amended Agreement text.
13.4 The proposing party shall also prepare and submit to Secretary/Treasurer the proposed
amendment as above stated, together with a Restated and Amended Agreement form for
service by the Secretary/Treasurer in the event the proposed amendment is approved.
13.5 The Amendment proposal (Agreement Text), Statement of Purpose and a Restated and
Amended Agreement form shall be served upon Secretary/Treasurer by the proponent
Party or Executive Council Administrative Council , as the case may be.
13.6 Secretary/Treasurer shall determine if the Proposed Amendment is in compliance with
this Section and shall advise the proponent Party in the event it is not.
13.7 If the Amendment proposal is in compliance with this Section, the Proposed
Amendment shall be served and submitted to the Parties to this Agreement by
Secretary/Treasurer.
13.8 All Parties’ approval is required for the approval of an Amendment to this Agreement.
13.9 Parties must submit their approval in accordance with service of notice as provided in
this Agreement and within sixty (60) days of the date of the cover notice from
Secretary/Treasurer and in the event a Party fails to submit their its approval, the
Proposed Amendment fails to be approved.
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13.10 Secretary/Treasurer shall tally the approvals and or disapprovals within a reasonable
time, or in the case of no response, then soon after the sixty (60) day period for
response.
13.11 Secretary/Treasurer shall then give notice to the Parties of the results, and in the event
the Amendment passes, the Secretary-Treasurer shall also include with notice to the
parties, the Restated and Amended Agreement.
SECTION 14
GENERAL PROVISIONS
14.1 This Agreement shall not relieve any Initial Party and/or Party of any obligation or
responsibility imposed upon it by law, except that to the extent of actual and timely
performance thereof by a joint board or other legal or administrative entity created by
Agreement made hereunder, said performances may be offered in satisfaction of the
obligation or responsibility.
14.2 No Third Party Beneficiaries: Each Party to this Agreement intends that this
Agreement shall not benefit or create any right or cause of action in or on behalf of any
person or legal entity other than the Parties hereto.
14.3 Severability: Should any term or provision of this Agreement, or the application thereof
to any person, parties, or circumstances, for any reason be declared illegal or invalid,
such illegality or invalidity shall not affect any other provision of this Agreement and this
Agreement shall be construed and enforced as if such illegal or invalid provision had not
been contained herein.
14.4 Counterparts and Process to Become a Party: This Agreement will be executed and
delivered in counterparts, one for each Initial Party, and at such time as the governing of
a Potential Party adopts the necessary resolution authorizing the execution of the
counterpart and a written notice thereof (including a copy of the resolution or other
authorizing act of its governing board) is provided to Secretary/Treasurer, this Agreement
shall then be in full force and effect to such Parties and shall have the force and effect of
an original, and copies of the signature pages of all counterparts shall be provided to all
parties to this Agreement by Secretary/Treasurer.
14.5 Captions: The subject headings of the paragraphs and subparagraphs of this Agreement
are included for purposes of convenience only and shall not affect the construction or
interpretation of any of its provisions.
IN WITNESS WHEREOF, the undersigned parties have by action and/or authority of
their governing boards caused this Agreement to be executed.
CITY OF CALDWELL:
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Dated this _____day of __________________, 2016 2017
By:
Garret Nancolas, Mayor Fire Chief
Attest:__________________________________
Debbie Geyer, City Clerk
STAR FIRE PROTECTION DISTRICT:
Dated this _____day of __________________, 2016 2017
By:
Jared Moyle, Chair Fire Chief
Board of Commissioners
Attest:__________________________________
District Secretary
CITY OF MERIDIAN:
Dated this _____day of __________________, 2016 2017
By:
Tammy de Weerd, Mayor Fire Chief
Attest:__________________________________
Jaycee Holman C.Jay Coles , City Clerk
CITY OF NAMPA:
Dated this _____day of __________________, 2016 2017
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By:
Bob Henry, Mayor Fire Chief
Attest:__________________________________
Deborah Bishop, City Clerk
W:\Work\S\Star Fire Protection District 25382.00\Agreements\Treasure Valley Consolidated Fire Authority\Interagency Joint Powers Agreement
Draft 12-05-16 wfg third.docx
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 9C
PROJECT NUMBER:
ITEM TITLE:
Fire: Interra Fire Department Data Management Tool
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
<CLIENT>
SituationAnalyst
Metro Operational Platform
VISUALIZED DATA
INTEGRATED INFORMATION
IMPROVED DECISION SUPPORT
Meridian Fire Department
Intterra
David Blankinship
david.blankinship@intterragroup.com
719-314-6046
INTTERRAgroup.com | info@INTTERRAgroup.com | 240-347-3447
1) Strategic Concept
Meridian Fire Department is a progressive public safety entity with a history of innovative approaches to
community safety. Meridian Fire desires to leverage their current investments in IT systems, data collection
and analysis, geographic information systems, and existing staff into one simple, easy-to-access visual
software platform. The outcome will be better decision-making, improved data consistency across the
department, and enhanced situational awareness for Meridian Fire both internally and externally. This
capability serves the full mission, levels and business needs of the department from field to Chief, for
administration, public affairs and education, IT, and the public. All department members, stakeholders,
cooperators and customers have access to any of the information the Meridian Fire Department chooses to
share through SituationAnalyst (SA).
2) Intterra Introduction
Intterra is a geospatial software company focused on building next-generation technology tools for first
responders. Five years old and headquartered in Castle Rock, CO, we are a team of experienced
responders, analysts and engineers that build the tools we know you want today. Our current clients
include the federal government, states of Colorado and Montana, large urban cities, countywide
regional fire departments, and small fire districts. We understand that each customer has a unique
culture and needs but operate within a common public safety framework. Our technical solutions are
configured to each client and are capable of expanding as they adapt to changing needs. We build S A to
help you today but, much like ICS, when your needs change, the software adapts quickly.
3) SA Description
SA is a fully mobile (JavaScript/HTML 5) web-based software
platform that allows for any type of computer/device use. This
means that Meridian Fire Department can deploy one
software system that is web-based and be confident that it
will work on all desktops, laptops, tablets, and smartphones
regardless of manufacture. Our approach blends leading
mobile interoperability technology with NFPA and DHS
interoperability standards. In addition, SA is a Software-as-a
service and hosted through Intterra’s secure Amazon Cloud
servers.
The core framework functions as an enterprise “Common
Operational Platform” (COP) but delivers much more. This architecture enables data management, sharing,
and analytics across all of Meridian’s geospatially-enabled data. The framework is focused on data
management and visualization that support decision-making for emergency responders, planners, the public,
and cooperators. It is an information management system that integrates data, imagery, CAD/AVL, analytics,
public information, inspection processes, first responder safety and situational awareness and can link to
other departmental administrative and record management systems. This capability represents the vision of
FirstNet standardized data interoperability.
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4) SA Implementation Scope & Functionality
These tools provide relevant data feeds and workflows for common response and specialized incidents
including HazMat, USAR, and automated Public Information maps and data. This module also enables real-
time collaborative mapping, regional data and map-sharing, and ICS-based incident-specific symbology.
Data in these modules can be imported or exported to other systems such as law enforcement, state
agencies, or FEMA.
SA’s primary features and capabilities:
Briefing/Command View
Provides a snapshot of the current “heat level” for an
agency; depicts the magnitude of incidents and resource
utilization in near-realtime.
Metro briefing requires the integration of CAD data.
*Combined Metro & Wildfire briefing is available, depicting
both the local metro activity in a streamlined view with
nationally reported wildfire data*
Operations
Ops Chief, Captains, & teams can see all relevant information
coming into the system, AND map what they see and notice what others on the team are mapping live in
the system for both wildland and metro activity. Your ops workspace is the most up-to-date concept of
operations. Logins can be shared with additional resources responding, whether mutual aid, state, or
national.
Enhanced Features:
CAD/AVL Integration (SitStat)
Incident Monitor
Damage Assessment Reporting
A realtime view of your CAD and AVL feeds with incident and
unit information embedded within the icons. Resources are
color-coded based on status and incidents are realtime views.
The incident monitor & damage assessment tool allows you
to easily “get data out” of SA. Primary value is that all
department response activity is viewable within a secure,
selectively shareable format and has all the data behind it
accessible for click-through viewing.
Plans & PrePlans
Provides the ability to create map-based plans for any area of your wildland or metro jurisdiction, then
INTTERRAgroup.com | info@INTTERRAgroup.com | 240-347-3447
capture, record, and electronically share with others. Primary value is to have a preplanned response plan
that can be used for response operations, community education, and mitigation actions.
SituationAnalyst Structure PrePlans provides you with a comprehensive geodatabase of your structural
preplans with an engine company ability to create/edit preplans in the field from mobile devices. This
preplan is printable, shareable, and integrated into the other portions of SA so that you have building
information in a response format during Operations. Primary value is a system-wide capability to create
and update preplan information that each company member or staff person can access with their tablet,
smartphone or laptop.
Field Tool
iOS and Android app for field data collection in areas with
poor communications that fully integrates with SA. Typically, agencies will use the tool when performing
a specific “block and tackle” function. These apps can work with or without network connection, have 2-
way sync capability, can cache map and basemap data, and turn any device into a mobile tracking device.
The field tool is a robust addition to SA most often used to collect:
• Operational Incident Data/Field Observation Information
• Structure Pre-Plans
• Damage Assessments
• Resource Tracking Data
SA Analytics
These tools are designed for agencies looking to harness the power of data at their fingertips, within hours of
occurrence, if implemented in that way (where feasible).
Unit & Incident Performance Data –This is a both a Unit Performance tool depicting in a
dashboard/ graphical way the history of response times broken all the way down to a single resource and
shift, and an Incident Metrics tool to analyze the types and locations or hotspots of incidents within your
critical areas. Primary value is that any/all staff can see the ‘what and where’ of response information for
better planning, safety analysis, prevention programs, and service standards management.
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Standards of Cover
An overall geospatial and dashboard
view of your SOC performance against
your benchmarks. This can be broken
down into station and battalions,
department-wide and any date range
desired.
Primary value is that it reduces the need for multiple reports, can be
shared with decision-makers or the public, and can dramatically reduce
staff time in assembling complex data into easy to see laptop or tablet-
based graph and map formats.
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Additional Complex Reporting Tools:
Resource Drawdown
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5) Added Software-as-a-Service Features
SA is a fully mobile (JavaScript/HTML 5) web-based software platform that allows for any type of
computer/device use. This means that the Meridian Fire Department can deploy one software system that is
web-based and be confident that it will work on all desktops, laptops, tablets, and smartphones regardless of
manufacture. Our approach blends leading mobile interoperability technology with NFPA and DHS
interoperability standards.
In addition, SA is a Software-as-a service and hosted through Intterra’s secure Amazon Cloud servers. This
architecture enables data management, sharing, and analytics across all client geospatially-enabled data.
6) Timing & Technical Assumptions
From time to time, it is necessary to gather approvals for data to pass through to Intterra/SA for your
agency’s use. The time to attain any outside approvals is not included in the estimated durations and
is the responsibility of the client. (Specific reference for this contract: sharing layers with Boise, ID,
SA system)
As we enter into a contract, we will jointly agree to the delivery timeline for each contracted module
based on resource availability at Intterra and Meridian Fire Department. Much of the integration is
process related (Incident Editing, Structure PrePlans, Damage Assessment, Field Tool Services). We
intend to accomplish the first data integration milestone with your agency (SitStat integration)
within the first 45 days of working with you.
Intterra assumes there will be departmental staff support sufficient to interact with Intterra in order
to configure, deploy, train, and utilize SA. The most successful implementations of SA have the
following 3 roles:
o A single designated project lead to represent the agencies and the technical staff to assist
with building the Standard Operating Procedures & connecting data for the
implementation of SitStat and Analytics (CAD/AVL/RMS).
o An Operations Chief (or similar) to make decisions regarding Standard Operating Procedure
and policy, and to overall, champion the use of the system across the agency(ies)
o A technical point of contact to manage and prioritize the network configuration and data
integration
This proposal reflects the integration of a single CAD & AVL and a single RMS system into SA Pro to
cover Meridian Fire Department. If multiple sources of data for each area exist to support the single
agency, it is the responsibility of the client to transform these into a single, normalized feed for each.
o This first-year subscription proposal also includes the integration work to add outlying
agencies to the Meridian system. Any agencies coming into Meridian’s SA system will need
to comply to the requirements maintained on the Meridian application server (singular feed
from Meridian to Intterra.)
o AVL location access via existing feeds will be available to Intterra.
o Meridian Fire has access to live CAD call and/or unit data and an architecture that permits
the integration of that data with Intterra’s servers.
o Any changes requested by Meridian or other agencies coming in through the Meridian
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system, must be communicated and reviewed by each agency to ensure no adverse impact
occurs due to the other’s request. Meridian Fire Department is considered primary for this
installation, and will be the point of contact for Intterra for all of these types of multi-agency
decisions.
A separate data integration cost generally exists for the interface of RMS data into SA for the
complexity of integrating SOC analytics. This cost covers the business rule analysis and data
evaluation necessary to make sure the client’s business rules are properly reflected in SA. This first
year supplemental cost is being waived for Meridian, unless data integration hours exceed 80 hours
specific to RMS data integration and consulting in this contract year.
Meridian Fire Department may have the desire to supplement their system with partner agency data
to grow a comprehensive Treasure Valley system. Work to integrate any CAD/AVL/RMS data for
these agencies is out of scope for this subscription and contract with Meridian. Any agency that
desires to be integrated with Meridian Fire Department’s SA system must abide by the following
actions:
o Gather the approval of Meridian Fire Department/City of Meridian IT services. Intterra will
be informed by Meridian Fire Department that they wish to engage an outlying agency.
o Upon approval from Meridian Fire Department, the outlying agency must conduct a data
integration review with Intterra to scope out the integration effort for CAD/AVL/RMS.
o A separate service fee will apply to these agencies for the data integration related
CAD/AVL/RMS, based upon the results o the data integration review. It is the responsibility
of the outlying agency to work with Intterra to migrate their data to SA within the standards
defined for networking and data integration; additionally, it is the responsibility of the
outlying agency to support the data feeds and integration over the duration of use.
o No additional tools or functionality will be created for outlying agencies; all agencies in the
Meridian Fire Department SA system will see/use the same tools and data as defined &
configured for Meridian Fire Department.
A high-level deliverable plan is depicted below and once the contract is agreed to, the plan will be
jointly agreed to by both parties. Intterra is prepared to support a contract start date of 1 May 2017.
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High Level Deliverable Plan
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SA Implementation
PM Implementation Prep/Team Kickoff
Core System Build; Provide Source Data
Launch Page Access Setup
User Assignment
Deploy Operational Editing
Deploy Structure PrePlans, Field Tool, Assessments
Testing/Business Process Evaluation
Train Extended Teams
Evolve Structure PrePlan Business Processes
Data Capture & Evaluate
Refine PrePlan Business Processes
Deploy SitStat (CAD & AVL)
Client preparation of data for transfer
Intterra integration of services for CAD & AVL
45-day milestone; Validate symbology and data integration
Integrate RMS/Analytics
Client preparation of data for transfer
Intterra integration of services for SOC & Performance Analytics
Data QA & Triage
Deploy Unit & Incident Performance
Validate translation and business rules in SA
Evaluate Unit & Incident Performance Metrics
Deploy Standards of Cover
Client definition of Response Class, Baseline, Benchmark requirements
Configure SoC toolset to align with agency definitions; Intterra QA of data
Data QA and Evaluation of SoC rules
*Italics indicate client-primary tasks
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TASK Description/Subtasks
Pre-Project Efforts A. Share networking requirements and CAD/AVL integration
specifications with Meridian Fire department/City of Meridian IT.
B. Perform analysis of CAD & AVL data to determine complexity of
data integration, hosting/transfer of data, business rules related to
performance & analytics.
Estimated Duration: 2-3 weeks
Task 1 – SA
Implementation & Core
System Build:
1.1 Project Kickoff activities (1 week):
Goal alignment
Project team definition, Roles & Responsibilities
Audience analysis
Standard Operating Process Review
Plan for technical dependencies
Gather agency-approved logos
1.2 Obtain source data/shapefiles and plug in to basemap and layers in
SA (1 week):
a) Agency boundaries
b) Department locations
c) Battalion/First Due Areas
d) Region/State/County/City shape files
e) Additional community infrastructure/GIS static data (optional,
suggested)
1.3 Implement Core SA Workspaces & Archiving services (1 week):
Briefing
Ops (Incident Editing, Damage Assessment)
Plans
Info
Training
Field Tool Services
User Roles
1.4 Confirm customer support content to publish on client framework
“Guides” page (2 days)
1.5 Train super-user team (2-5 weeks, client dependent)
1.6 Support/Deploy Operational Editing, Structure PrePlans,
Assessments, Field Tool to larger user community; collaborate with
client project leads on optimal process changes (2-5 weeks, client
dependent)
Estimated Duration: 2-6 weeks, dependent upon client
availability for process support & training
INTTERRAgroup.com | info@INTTERRAgroup.com | 240-347-3447
Task 3 – Evolve
Structure PrePlan
Business Processes
*Advanced/Pro
Module*
3.1 Establish internal agency data collection team
3.2 Capture data for beta process review
3.2 Revise Standard Operating Procedure (where applicable)
3.3 Determine if existing data can be converted to SA (separate
effort, not part of subscription contract)
3.3 Assign to roles, train extended teams on Structure PrePlan
procedures
Estimated Duration: 6-8 weeks; dependent upon existing
PrePlan processes and data
Task 4 - Implement
Metro/SitStat
workspace (CAD/AVL
Integration)
*Advanced/Pro
Module*
4.1 Client preparation of CAD/AVL standard data schemas,
networking requirements, lookup tables (2-3 weeks)
4.2 Joint completion of client application server and databases;
complete initial transfer of sample CAD data (1 week)
4.3 Intterra evaluation of data and corresponding symbology in
SA; business rule confirmation
4.4 Enable Incident Monitor
4.5 Enable Resource Drawdown
4.6 Confirmation of data transfer service level
agreements/support models for data transfer
4.7 Timing and network configuration tuning; final client
operational review of data
Estimated Duration: 4-5 Weeks for operational client review to
begin
Task 5 – Implement
Performance &
Analytics workspace
(RMS Integration)
*Advanced/Pro
Module*
5.1 Client preparation of RMS standard data schemas for unit and
incident data, lookup tables (3-5 weeks)
5.2 Client completion of Standards of Cover business rule
worksheets; baseline & benchmark definitions (1-2 weeks)
5.2 Initial transfer of bulk RMS data (1 week)
4.3 Intterra configuration of client SoC rules (1 week)
4.4 Intterra valuation of data and corresponding symbology in
SA; business rule reporting validation
4.5 Client review of Unit and Incident Performance data (3-5
weeks
4.6 Client review of Standards of Cover rule definitions and
corresponding output in SA (3-5 weeks)
4.7 Timing and network configuration tuning for data transfer
Estimated Duration: 5-8 weeks for project team review of
performance and analytics data in SA. Analytics integration is a
INTTERRAgroup.com | info@INTTERRAgroup.com | 240-347-3447
highly collaborative process; the business analyst or manager of
analytics data in the agency will review data in the first 3-5
weeks of the integration; once the technical and networking
tasks are complete.
Task 9 - Training Intterra provides tools to support the standard rollout of the
SituationAnalyst software. Access to the standard training
materials for use within the City of Meridian Fire Department’s
own training platform is included in the base rollout of the
modules. Any custom training needs will be negotiated and
priced separately.
Task 10 - Project
Management
Manage budget, schedule, resources across all tasks. Joint effort
with client Project manager/Project team.
Duration: Entire Project
INTTERRAgroup.com | info@INTTERRAgroup.com | 240-347-3447
7) Proposed Cost
Project Cost Category Description
Implement and support a subscription version of SA
Pro for metro operations. This year 1 work includes
year 1 integration services, application maintenance,
standard training and project management services.
Subscription Period:
12-month subscription period commencing 1 May 2017, ending
30 April 2018
Cost: $56, 454.36
Data Integration QA & Consulting
CAD data integration by Meridian Fire Department (per Intterra
specification): $0
RMS data integration for Meridian Fire Department and
evaluation and application of RMS analytical business rules: If
applicable and in excess of 80 hours; GSA quote rates apply
2017 Cost Breakdown: $50,808.93 to establish annual subscription
$ 5,645.43 at completion of CAD and RMS integration (Tasks 4 & 5 )
Approved by: Client Approval:
Brian Collins, CEO Tammy de Weerd, Mayor
18 April 2017 Dated:
Signatures bind Supplemental Contract Information:
(1) Intterra Terms of Use Agreement_2017
(2) Intterra End User License Agreement_2017
(3) Intterra Website Privacy Policy_2017
INTTERRAgroup.com | info@INTTERRAgroup.com | 240-347-3447
INTTERRAgroup.com
info@INTTERRAgroup.com
240-347-3447
“Without SA we would still be moving in slow motion. It
provided my guys with the tools they so desperately needed
on the ground and me with the information to make well-
informed decisions. I was hesitant at first, but the choice to
implement this system was absolutely priceless.”
– Chief of Colorado’s DFPC
The fastest-growing
fire management
solution.
We can help!
INTTERRAgroup.com
info@INTTERRAgroup.com
240-347-3447
“SituationAnalyst”
End User License/Service Agreement (the “Agreement”)
IMPORTANT READ CAREFULLY: This Agreement is a legal and binding agreement between
you (“You” or “Your”) and Intterra, Inc. (“INTTERRA”) for the suite of information services that
you are about to Login to and/or install (on Your computer or servers) and any related materials,
documentation, updates or modifications that may be provided to You by INTTERRA or
its licensees or agents (collectively, the “Software,” “SituationAnalyst,” or “Field Tool”). Your
access to the Software may be deployed through a software-as-a-service (“SaaS” or “Cloud”)
format whereby the Software is hosted on third party servers (referenced as the “Service”).
When used properly, SituationAnalyst and/or Field Tool compiles data provided by You,
partner agencies and organizations that provide you data, and external sources which you
authorize to generate a timely, graphic, multi-functional, depiction of incident and
performance information. SituationAnalyst and/or Field Tool are provided subject to the
limitations, restrictions and disclaimers of liability set forth below.
BY CLICKING ON THE “I ACCEPT” BUTTON OR OTHERWISE INSTALLING OR USING
ANY PART OF THE SOFTWARE OR SERVICE, YOU ARE CONSENTING TO BECOME A
PARTY TO THIS AGREEMENT AND TO BE BOUND BY ITS TERMS. YOUR WRITTEN
APPROVAL IS NOT A PREREQUISITE TO THE VALIDITY OR ENFORCEABILITY OF
THIS AGREEMENT.
IF YOU DO NOT WANT TO BECOME A PARTY TO THIS AGREEMENT OR DO NOT
AGREE WITH OR CANNOT COMPLY WITH ALL OF ITS TERMS, DO NOT CLICK ON
THE “I ACCEPT” BUTTON OR INSTALL OR USE ANY PART OF THE SOFTWARE OR
SERVICE, AND YOU WILL NOT BE LICENSED TO THE SOFTWARE OR BE AUTHORIZED
TO USE ANY PART OF THE SERVICE.
Under this Agreement, You are obtaining a single (1) instance of the software for use on
one (1) machine; or a service access right to access and use the Service, as defined below.
1. Rights.
(a) Single Instance License. Subject to Your compliance with the terms and conditions
of this Agreement, INTTERRA hereby grants to You either:
(i) a limited, non-sublicensable, non-transferable, non-exclusive license to:
(A) use one (1) copy of the Software only for Your personal or organizational use
on a single machine (single laptop, personal computer or web server, or a combined web and
database server or multiple load-balanced web servers, configured to point to a single
geodatabase server that is used operationally or ‘in production’) and only in accordance with
documentation for such device; and
(B) make one copy of the Software in machine readable form solely for
archival back-up purposes, provided You reproduce INTTERRA's copyright proprietary
legends in any such copy; or
(ii) a limited, personal, non-sublicensable, non-transferable, non-exclusive service access
right to:
(A) access and use the Services for Your personal or organizational use subject
to the terms and/or conditions set forth in any initial or subsequent ordering document and/or
online request for access to the Services submitted on your behalf to INTTERRA that has been
accepted by INTTERRA.
2. License/Service Access Right Restrictions.
(a) General Restrictions. You shall not (nor shall You permit anyone else to) directly or
indirectly: (i) copy (except as expressly set forth above), modify, or distribute the Software, the
Service, or any portion thereof; (ii) reverse engineer, disassemble, decompile or otherwise
attempt to discover the source code or structure, sequence and organization of the Software,
the Service, or any portion thereof (except where the foregoing is permitted by applicable
local law, and then only to the extent so permitted); (iii) rent or lease the Software, the Service,
or any portion thereof to a third party, or otherwise use or allow the use of the Software, the
Service, or any portion thereof to be used for any commercial purpose or on behalf of any third
party; (iv) remove or obscure any proprietary notices on the Software or Service; (v) post or
otherwise make available the Software, the Service, or any portion thereof, in any form, on the
Internet or other publicly-available forum; (vi) distribute copies of the Software to others
(electronically or otherwise); (vii) use a previous version of the Software after you receive a new
version and are asked to discontinue using the previous version; (viii) export or re-export the
Software in violation of any laws or regulations. As a specific condition of this license or
service access right, You agree to use the Software or Service in compliance with all
applicable laws, including without limitation copyright laws, and that You will not copy, transmit,
perform or distribute any audio, video or other content using the Software or Service without
obtaining all necessary licenses or permissions from the owner of the content. The Software
or Service and its respective features and functions, when used alone or in combination
with a computing device or other systems, may be protected by one or more of US and/or
foreign patents. A listing of any such patents may be included in the “About” box or menu
associated with the Software or Service and INTTERRA reserves the right to update that listing
from time to time, but You should not consider any such listing to be a complete or exhaustive
list of all patents that may cover the Software and You should not consider the absence of
any such listing to be an indication that no patents cover the Software or Service.
3. Special Restrictions, Disclaimers and Liability Limitations with respect to the
use of the Software.
The Software and/or Service are subject to the following restrictions, disclaimers and liability
limitations:
(a) Third Party Products, Data and Content. The Software or Service may work in conjunction
with (or rely upon) third party products, data or content that is not owned or controlled by
INTTERRA (“Third Party Products”). When the Software or Service is used (or relies upon)
such Third Party Products, by clicking “I ACCEPT, you are acknowledging that You accept
both the Software or Service and the Third Party Products at Your risk. Conflicts may
develop between the Software or Service and such Third Party Products that may inhibit the
Software’s or Service’s performance, accuracy, functionality or operation. INTTERRA
disclaims all liability that may arise from the use (or reliance upon) the Software or Service
and/or the use (or reliance upon) such Third Party Products. INTTERRA does not verify the
validity or accuracy the Software or Service nor its messages or graphic images, renderings,
thermal maps, topographic maps, depictions, text, video, photos, images, clipart, etc.
(“Content”) in association with the Software. Nor does INTTERRA verify the accuracy,
performance, functionality or operation of Third Party Products or data provided to the
Software or Service from such Third Party Products. Your right to use, copy or do anything
with such Third Party Products is solely at the discretion of the third party provider of such
Third Party Products. The Software’s or Service’s use and reliance upon such Third Party
Products may result in erroneous data or Content being provided to You by the Software or
Service. You are hereby admonished to rely solely (if at all) on independently verifiable
information that You know and trust and not to rely on the Content, the Software or Service.
It is Your responsibility to decide, independent of the Software or Service, what if any actions
to take (or not to take) in a given situation based on the factors that you deem relevant in a
given situation. INTTERRA admonishes You that the Content generated by the Software or
Service and the data upon which it is based may be inaccurate, corrupted, misleading or
erroneous due to erroneous assumptions, inaccurate information, or poor choices provided
by You, partner agencies and organizations that provide you data, and external sources which
you authorize, or hackers.
(b) Cloud-based Service, Lack of Back-up, Incompatibility & Help-Desk Support. Your
access to the Software may be deployed through a software-as-a-service (“Saas” or “Cloud”)
format whereby the Software is hosted on third party servers including but not limited servers
operated by Amazon Web Services, LLC (“Amazon”) and its affiliates. INTTERRA makes
no representations or warranties regarding the stability, compatibility, integrity or privacy of
Amazon or other Cloud-based hosting services. The Software, Content, Third Party Products
and other related or relied upon Cloud-based SaaS may be particularly vulnerable to hacking,
software viruses, privacy breaches, denial of service attacks, acts of God, acts of war, force
majeure events, system crashes, platform connectivity and INTTERRA disclaims any and all
liability for such problems. The Software or Content may also be incompatible with Your
hardware devices, operating systems, mobile apps, laptops, notebooks, desktops, mobile
devices or other systems or software (“Other Systems”). Such incompatibility issues may cause
the Software or the Other Systems to crash or operate improperly. In addition, You are
admonished that INTTERRA does not maintain back-up hardware systems, servers, Cloud
or other hosting facilities of any kind unless specified in a separate contract or purchase
order agreement. INTTERRA disclaims any and all responsibility and liability for any lost,
stolen or corrupted data, Content or information. INTTERRA does not offer a 24/7 help desk
unless specified in a separate contract or purchase order agreement. Access to a live-person
help desk may be limited or unavailable during an incident or emergency. INTTERRA hereby
disclaims any and all liability for the absence of a help desk or other support personnel.
(c) Erroneous Assumptions, Improper Use, Erroneous Inputs and Data. In addition to other
disclaimers of liability herein, Content generated by (and data supplied to) the Software or
Service may be based on erroneous assumptions, improper usage or erroneous interpretation
of the previous Content or data by You, partner agencies and organizations that provide you
data, and external sources which you authorize. INTTERRA disclaims responsibility for the
actions of such Decision Makers as well as their assumptions and interpretations of the Content
and other information.
(d) Utilization of Software or Service under Dangerous Conditions. Your use of the Software or
Service under certain conditions, such as walking, driving or in other conditions where Your
attention may be impaired, can lead to Your injury or death or to the injury or death of third
parties and You accept all risk associated with such use. INTTERRA disclaims all liability that
might arise from Your use of the Software or Service under any circumstances where doing so
might put You, Your possessions, or third parties at risk or in any kind of danger.
(e) Dangerous Environments. INTTERRA does not control who or how data can be supplied
to the Software or Service or who can send You a message containing information, instructions,
recommendations, directions and/or maps. Only follow instructions, recommendations,
directions or maps that have been received from people You trust and in accordance with the
applicable protocols, chains of command and incident information management requirements.
All decisions based upon the use of the Software or Service is subject to Your verification of
the data, Content and assessment of dangerous environments. All decisions or actions made
by You are subject to Your professional judgment and are the sole responsibility of You and
not the Software, the Service, or their respective maps, depictions, or databases. By using the
Service, by clicking “I ACCEPT”, or by taking any other affirmative action indicating your
acceptance of this Agreement, You acknowledge and accept all risk associated with such use.
INTTERRA disclaims all liability that might arise from Your use of the Software or Service to
give or follow directions, develop a course-of-action, develop a risk mitigation strategy, travel
to a location or meet with another person.
(f) Dangerous Locations. INTTERRA does not provide information regarding the safety or
acceptability of locations for which You have received directions or a map. Only follow
directions or maps to locations You know and trust and do not follow directions or maps to
locations with which you are unfamiliar or uncomfortable or inconsistent with established
protocols. The relative safety of a location during an incident is dynamic and may change from
safe to unsafe at any time without notice. Your use of the Software or Service to travel to an
unsafe location can lead to Your loss of possessions, to Your injury or death, or to the injury or
death of third parties. By using the Service, by clicking “I ACCEPT”, or by taking any other
affirmative action indicating your acceptance of this Agreement, You accept all risk associated
with such use. INTTERRA disclaims all liability that might arise from Your use of the Software
or Service to deploy personnel or assets to any location where doing so might put You, Your
possessions, or third parties at risk or in any kind of danger.
(g) Use of Content with Software or Service. To the degree that You are able to use the
Software or Service to incorporate or receive any Content on any computing device, You do
so solely at Your own risk. You may not create scandalous, obscene, defamatory, immoral,
infringing or illegal works using the Content nor use the Content for any other purpose which
is prohibited by law. If the Content is owned by a third party, You are solely responsible for
acquiring the right to copy, use or do anything else with that Content from that third party.
INTTERRA disclaims all liability that might arise from Your use of the Content in association
with the Software or Service.
4. Proprietary Rights.
INTTERRA and its licensors shall own and retain all right, title, and (except as expressly
licensed hereunder) interest in and to the Software, all copies or portions thereof, the Service,
and any derivative works thereof (by whomever created). In using the Software or Service,
data will be provided by one or more of Your systems to the Software or Service for processing
to create a derivative data set ("Performance Data"). Such data includes data provided by
Computer Aided Dispatch Systems ("CAD") systems, Record Management Systems ("RMS"),
Automatic Vehicle Location Systems ("AVL"), Electronic Patient Care Reports ("EPCR"), and the
like. You agree and warrant that the Performance Data and any intellectual property related to
the Performance Data are owned in their entirety solely by INTTERRA. The Software and the
Service are protected by copyright laws and international copyright treaties, as well as other
intellectual property laws and treaties. Notwithstanding anything else, the Software is licensed
and not sold. All rights in the Software not specifically granted in this Agreement are reserved
by INTTERRA and its licensors.
5. Confidentiality.
You agree to maintain the Software and any data or databases contained therein in confidence
and that You will not disclose the Software or Service to any third party without the express
written consent of INTTERRA. You may not use the Software or Service except as set forth
herein. You further agree to take all reasonable precautions to preclude access of unauthorized
persons to the Software or Service.
6. Term and Termination.
This license or service access right is effective until terminated hereunder. You may
terminate the license at any time by destroying the Software (including the related
documentation) together with all copies or modifications in any form. INTTERRA will have the
right to terminate the license or service access right granted herein immediately if You fail
to comply with any term or condition of this Agreement. The license or service access right
granted to You herein will terminate automatically upon any breach of Sections 1, 2, 3 or 5.
INTTERRA will also have the right to terminate the license or service access right granted
herein immediately upon its sole discretion. Upon termination of this Agreement for any
reason, You shall immediately stop using the Software or Service and shall destroy and remove
from all computers, hard drives, networks, and other storage media all copies of the
Software. Sections 2 through 13 shall survive any termination of this Agreement.
7. Limited Warranty.
INTTERRA and its licensors warrant only that the Software will perform substantially in
accordance with the specifications stated for the Software in any documentation, if any,
accompanying the Software for a period of ninety (90) days (the “Warranty Period”). THIS
WARRANTY SHALL NOT APPLY TO ANY SOFTWARE WHICH HAS BEEN ABUSED,
MISUSED, DAMAGED, ALTERED, NEGLECTED, OR SUBJECTED TO UNAUTHORIZED
REPAIR OR INSTALLATION, AS REASONABLY DETERMINED BY INTTERRA.
NOTWITHSTANDING ANYTHING ELSE HEREIN, THE ENTIRE LIABILITY OF INTTERRA
AND ITS LICENSORS, AND YOUR EXCLUSIVE REMEDY FOR A BREACH OF THE
FORGOING WARRANTY, SHALL BE, AT INTTERRA’S OPTION AND EXPENSE: (A)
REPAIR OR REPLACEMENT OF THE SOFTWARE FOR SOFTWARE THAT MEETS THE
WARRANTY OR (B) IF REPAIRING OR REPLACING THE SOFTWARE IS NOT
COMMERCIALLY PRACTICABLE IN INTTERRA’ SOLE DISCRETION, REFUND OF THE
PURCHASE PRICE PAID BY YOU, IF ANY, IN BOTH CASES ONLY WHERE THE
SOFTWARE IS RETURNED TO INTTERRA, WITHIN THE WARRANTY PERIOD.
8. Warranty Disclaimer.
THE LIMITED WARRANTY SET FORTH IN SECTION 7 IS THE ONLY WARRANTY
PROVIDED BY INTTERRA. EXCEPT FOR THE FOREGOING, THE SOFTWARE AND
ANY SERVICES ARE PROVIDED “AS IS” AND INTTERRA MAKES NO WARRANTY OF ANY
KIND WITH REGARD TO THE SOFTWARE OR ANY SERVICES PROVIDED BY
INTTERRA HEREUNDER. INTTERRA EXPRESSLY DISCLAIMS ANY OTHER
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NONINFRINGEMENT.
FURTHER, INTTERRA DOES NOT WARRANT RESULTS OF USE OR THAT THE
SOFTWARE IS BUG FREE OR THAT ITS USE WILL BE UNINTERRUPTED. INTTERRA
AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY
OBTAIN BY USING THE SOFTWARE OR SERVICE. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT
APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
9. Limitation of Liability.
NOTWITHSTANDING ANYTHING ELSE HEREIN, UNDER NO CIRCUMSTANCES AND
UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO, TORT, CONTRACT,
NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL INTTERRA OR ITS LICENSORS
BE LIABLE TO YOU OR ANY OTHER PERSON (I) FOR ANY PUNITIVE, INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK
STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR
DAMAGES RESULTING FROM YOUR USE OF THE SOFTWARE OR THE SERVICES
PROVIDED BY OR ON BEHALF OF INTTERRA, OR (II) FOR ANY MATTER BEYOND
INTTERRA OR ITS LICENSORS' REASONABLE CONTROL. INTTERRA AND ITS
LICENSORS' MAXIMUM LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER
ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO (I) THE PURCHASE PRICE
PAID BY YOU FOR THE SOFTWARE, OR (II) IF YOU RECEIVED THE SOFTWARE FREE
OF CHARGE, TWENTY DOLLARS ($20.00), EXCEPT WHERE NOT PERMITTED BY
APPLICABLE LAW, IN WHICH CASE INTTERRA’S LIABILITY SHALL BE LIMITED TO THE
MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. THE FOREGOING
LIMITATIONS SHALL APPLY EVEN IF INTTERRA HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
10. Export.
You shall comply with all export laws and restrictions and regulations of the Department of
Commerce, the United States Department of Treasury Office of Foreign Assets Control
(“OFAC”), or other United States or foreign agency or authority, and You shall not export, or
allow the export or re-export of the Software or Service in violation of any such restrictions,
laws or regulations. By using the Software or Service, You agree to the foregoing and represent
and warrant that You are not located in, under the control of, or a national or resident of any
restricted country.
11. Indemnity.
You shall indemnify and hold harmless INTTERRA from any third party claims, damages,
liabilities, costs and fees (including reasonable attorney fees) arising from Your use of the
Software or Service as well as from Your failure to comply with any term of this Agreement.
12. Government Restricted Rights.
If You are an agency, department, or other entity of the United States Government
(“Government”), the use, duplication, reproduction, release, modification, disclosure or transfer
of the Software or Service and any related documentation of any kind, including technical data
or related manuals, is restricted in accordance with Federal Acquisition Regulation 12.212 for
civilian agencies and Defense Federal
Acquisition Regulation Supplement 227.7202 for military agencies. This Software or Service is
commercial computer software and the related documentation is commercial computer
software documentation. The use of the Software or Service and related documentation is
further restricted in accordance with the terms of this Agreement, or any modification hereto.
Intterra, Inc. is located at 3740 Dacoro Lane, Suite 200C, Castle Rock, CO 80109.
13. General.
This Agreement represents the complete agreement concerning this license between the
parties and supersedes all prior agreements and representations between them. This
Agreement may be amended only by a writing executed by both parties. If any provision of
this Agreement is held to be illegal or unenforceable, that provision shall be limited or eliminated
to the minimum extent necessary to make it legal and enforceable and this Agreement shall
otherwise remain in full force and effect and enforceable. The failure of INTTERRA to act with
respect to a breach of this Agreement by You or others does not constitute a waiver and shall
not limit INTTERRA’s rights with respect to such breach or any subsequent breaches. This
Agreement is personal to You and may not be assigned or transferred for any reason whatsoever
without INTTERRA’s prior written consent and any action or conduct in violation of the foregoing
shall be void and without effect. INTTERRA expressly reserves the right to assign this
Agreement and to delegate any of its obligations hereunder. This Agreement shall be governed
by and construed under Colorado law (without regard to its conflicts of laws or provisions) as
such law applies to agreements between residents of any state in which this Agreement is
entered into and performed. Any dispute arising out of or relating to this Agreement, or the
breach thereof, that cannot be resolved by mediation or negotiation within 60 days shall be
submitted to final and binding arbitration before the American Arbitration Association ("AAA")
in accordance to the United States Federal Arbitration Act. Each party recognizes and agrees
that any claim or dispute, with the exception of intellectual property disputes, must be submitted
to arbitration within one year from which it could be filed. Otherwise, it is permanently barred.
The arbitration proceedings will be conducted in the English language in the city of Castle Rock,
Colorado. The arbitration proceedings will be conducted by one (1) arbitrator, according to the
AAA's then current consumer arbitration rules. The arbitrator shall decide the dispute in
accordance with the substantive law of the state of Colorado. Any judgment rendered by the
arbitrator shall be confidential, provided that, if the non-prevailing party does not comply with
the award within the time period permitted therein, the prevailing party may enter the award
in a court of competent jurisdiction for the sole and limited purpose of confirming the terms
of the arbitration award and enforcing compliance.
EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS AND
LIABILITY AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL
BARGAINED FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN
INTO ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE
GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION BY EACH
PARTY TO ENTER INTO THIS AGREEMENT .
Questions concerning this Agreement should be sent to the address set forth below. Any
notices or correspondences will only be effective if sent to such address.
Intterra, Inc.
3740 Dacoro Lane, Suite 200C
Castle Rock, CO 80109
1
TERMS OF USE AGREEMENT
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.
INTRODUCTION
Purpose of Terms of Use Agreement
The mission of Intterra is to compile analytical data for first responders, emergency
management personnel, situation commanders and others with timely, graphic, multi-
functional, depictions of an ongoing incident. To achieve our Mission, we provide certain
software (“Software,” “SituationAnalyst,” or "Field Tool") and/or Internet based services
through this website, mobile applications or other websites owned or operated by Intterra,
Inc. (collectively, the “Website”) to help You analyze and monitor incidents.
Scope and Intent of Terms of Use Agreement
You agree that by registering on Intterra, or by using the our Website, including our
mobile applications, premium services, or other information or services provided by our
Website, Situation Analyst, and/or Field Tool (collectively, the “Services”), you are
entering into a legally binding agreement with Intterra, Inc., a Nevada corporation based
on the terms of this Terms of Use Agreement and the Intterra Privacy Policy, which is
hereby incorporated by reference (collectively referred to as the “Agreement” or “Terms
of Service”) and becoming a SituationAnalyst user or Field Tool user (“User”).
If you are using Intterra on behalf of a company, government agency or other legal entity,
you are nevertheless individually bound by this Agreement even if your company or
agency has a separate agreement with Intterra. If you do not want to register an account
and become an Intterra User, do not conclude the Agreement, do NOT click “I Accept”
and do not access, view, download or otherwise use any Intterra Website, information,
Content (as defined below), Software, Services, SituationAnalyst, or Field Tool. By
clicking “I Accept” or by using the Services, you acknowledge that you have read and
understood all of the terms and conditions of this Agreement and that you agree to be
bound by all of its provisions. By clicking “I Accept” or by using the Services you also
consent to use electronic signatures and acknowledge your acceptance.
1. Your Acceptance of Terms of Service
Welcome to www.intterragroup.com and becoming a User. Your use of this Website, the
Services provided and the viewing of the content available at the Website including
without limitation, the messages, software, scripts, graphics, images, renderings, thermal
maps, topographic maps, depictions, other maps, charts, data, text, video, overlays,
photos, clip art, sounds, music, interactive features et cetera (the “Content”), is subject to
the Terms of Use and the Privacy Policy published at www.intterragroup.com/privacy ,
2
which is incorporated herein by reference. Each time you use the Website, you agree to
be bound by the Terms of Use and the Privacy Policy may be updated by Intterra from
time to time without notice to you.
2. Users of Website
These Terms of Use apply to all customers, visitors, users, and others who view the
Website ("Users" as well as “You” or “Your”), including Users who are also contributors of
images, video, information, and other materials or services on the Website. The Website
may contain links to third-party websites, software, content or services (“Third Party
Website”) that are not owned or controlled by Intterra. Intterra has no control over, and
assumes no responsibility for, the content, privacy policies, or practices of any Third Party
Websites. In addition, Intterra will not and cannot censor or edit the content of any Third
Party Website. By using the Website, You expressly relieve Intterra from any and all
liability arising from your use of any Third Party Website. Accordingly, we encourage you
to be aware when you leave the Website and to read the terms of use and privacy policy
of each Third Party Website that you visit.
3. Use of the Website
(a) Intterra hereby grants you permission to use the Website as set forth in these
Terms of Use, provided that: (i) your use of the Website as permitted is solely for your
personal, noncommercial use (except as set forth in Section 3(f) below); (ii) you will not
copy or distribute any part of the Website in any medium without Intterra prior written
authorization; (iii) you will not alter or modify any part of the Website other than as may be
reasonably necessary to use the Website for its intended purpose; and (iv) you will
otherwise comply with the terms and conditions of these Terms of Use.
(b) In order to access some features of the Website, you may have to create an
account. You may never use another's account without permission. When creating your
account, you must provide accurate and complete information. You are solely responsible
for the activity that occurs on your account, and you must keep your account password
secure. You must notify Intterra immediately of any breach of security or unauthorized
use of your account. Although Intterra will not be liable for your losses caused by any
unauthorized use of your account, you may be liable for the losses of Intterra or others
due to such unauthorized use.
(c) You agree not to use or launch any automated system, including without limitation,
"robots," "spiders," "offline readers," etc., that accesses the Website in a manner that
sends more request messages to the servers operating the Website in a given period of
time than a human can reasonably produce in the same period by using a conventional
on-line web browser. Notwithstanding the foregoing, Intterra grants the operators of public
search engines permission to use spiders to copy materials from the Website for the sole
purpose of creating publicly available searchable indices of the materials, but not caches
or archives of such materials.
Intterra reserves the right to revoke these exceptions either generally or in specific cases.
You agree not to collect or harvest any personally identifiable information, including
account names, from the Website, nor to use the communication systems and/or the
navigation systems provided by the Website for any commercial solicitation purposes.
You agree not to solicit, for commercial purposes, any Users of the Website with respect
3
to their User Submissions (see Section 5 below).
(e) Intterra may permanently or temporarily terminate, suspend, or otherwise refuse to
permit Users’ access to the Website without notice and liability, if, in Intterra’s sole
determination, User violates any of the Terms of Use, including the following prohibited
actions;
(i) use the Website for any illegal purpose or to submit, transmit or facilitate the distribution
of information or content that is unlawful, harmful, abusive, racially or ethnically offensive,
vulgar, obscene, sexually explicit, defamatory, infringing, invasive of personal privacy or
publicity rights, harassing, libelous, threatening, or in a reasonable person's view,
objectionable; (ii) submit, transmit, promote or distribute information or content that is
illegal; (iii) attempt to interfere with, compromise the system integrity or security or
decipher any transmissions to or from the servers running the Website; (iv) take any action
that imposes, or may impose at our sole discretion an unreasonable or disproportionately
large load on our infrastructure; (v) upload invalid data, viruses, worms, or other software
agents through the Website; (vi) use any robot, spider, scraper or other automated access
the Service for any purpose without our express written permission; (vii) impersonate
another person or otherwise misrepresent Users’ affiliation with a person or entity, conduct
fraud, hide or attempt to hide Users’ identity; (viii) submit, upload, post, email, transmit or
otherwise make available any information or content that User does not have a right to
make available under any law or under contractual or fiduciary relationships; (ix) interfere
with the proper working of the Website; or, (x) bypass the measures we may use to prevent
or restrict access to the Website. Upon termination for any reason, User continues to be
bound by this Agreement.
(f) For individual Users, the Website and Content generated by it, including any
maps, navigation information, photographic imagery and other data, is made available
for your personal, non-commercial use only. For business Users, the Website and data
generated by it, including maps, navigation information, photographic imagery and other
data is made available for your internal use only and may not be commercially
redistributed.
4. Intellectual Property Rights
The Content on the Website, the trademarks, service marks and logos contained therein
("Marks"), and the Services provided by or carried out by the systems and methods
incorporated into the Website, are owned by or licensed to Intterra and are subject to
copyright, trademark, patent and other intellectual property rights under United States and
foreign laws and international conventions. Content on the Website is provided to you AS
IS for your information and use only and may not be used, copied, reproduced, distributed,
transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other
purposes whatsoever without the prior written consent of the respective owners. Intterra
reserves all rights not expressly granted in and to the Website and the Content. You agree
to not engage in the use, copying, or distribution of any of the Content other than expressly
permitted herein, including any use, copying, or distribution of User Submissions (see
Section 5 below) of third parties obtained through the Website for any commercial
purposes. If you download or print a copy of the Content for personal use, you must retain
all copyright and other proprietary notices contained therein. You agree not to circumvent,
disable or otherwise interfere with security related features of the Website or features that
prevent or restrict use or copying of any Content or enforce limitations on use of the
4
Website or the Content therein.
5. User Submissions
(a) The Website may now or in the future permit the submission of images, sounds,
videos, images, maps, charts, overlays, data, or other communications submitted by you
and other Users ("User Submissions") and the hosting, sharing, and/or publishing of such
User Submissions. You understand that whether or not such User Submissions are
published, Intterra does not guarantee any confidentiality with respect to any User
Submissions. Notwithstanding this provision, data that is submitted specific to Your hosted
instance of SituationAnalyst or Field Tool is considered your private data and not
considered a User Submission to the website.
(b) You shall be solely responsible for your own User Submissions and the
consequences of posting or publishing them. In connection with User Submissions, you
affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights,
consents, and permissions to use and authorize Intterra to use all patent, trademark, trade
secret, copyright or other proprietary rights in and to any and all User Submissions to
enable inclusion and use of the User Submissions in the manner contemplated by the
Website and these Terms of Use; and (ii) you have the written consent, release, and/or
permission of each and every identifiable individual person in the User Submission to use
the name or likeness of each and every such identifiable individual person to enable
inclusion and use of the User Submissions in the manner contemplated by the Website
and these Terms of Use. For clarity, you shall retain all of your ownership rights in your
User Submissions. However, by submitting the User Submissions to Intterra, you hereby
grant Intterra a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual,
sublicenseable and transferable license to use, reproduce, distribute, prepare derivative
works of (which Intterra shall be the sole and exclusive owner), display, perform and
otherwise exploit the User Submissions in connection with the Website and Intterra’ (and
its successor's) business, including without limitation for promoting and redistributing part
or all of the Website (and derivative works thereof) in any media formats and through any
media channels. You also hereby grant each User of the Website a non-exclusive license
to access your User Submissions through the Website, and to use, reproduce, distribute,
prepare derivative works of, display and perform such User Submissions as permitted
through the functionality of the Website and under these Terms of Use.
(c) In connection with User Submissions, you further agree that you will not: (i) submit
material that is copyrighted, protected by trade secret or otherwise subject to third party
proprietary rights, including privacy and publicity rights, unless you are the owner of such
rights or have permission from their rightful owner to post the material and to grant Intterra
all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that
could damage Intterra or any third party; (iii) submit material that is unlawful, obscene,
defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically
offensive, or encourages conduct that would be considered a criminal offense, give rise to
civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or
solicitations of business: (v) impersonate another person. Intterra does not endorse any
User Submission or any opinion, recommendation, or advice expressed therein, and
Intterra expressly disclaims any and all liability in connection with User Submissions.
Intterra does not permit copyright infringing activities and infringement of intellectual
property rights on the Website, and Intterra will remove all Content and User Submissions
5
if properly notified that such Content infringes on another's intellectual property rights.
Intterra reserves the right to remove Content and User Submissions without prior notice.
Intterra will also terminate a User's access to the Website, if they are determined to be a
repeat infringer. A repeat infringer is a User who has been notified of infringing activity
more than twice and/or has had Content or a User Submission removed from the Website
more than twice. Intterra also reserves the right to decide whether Content or a User
Submission is appropriate and complies with these Terms of Use for violations other than
copyright infringement and violations of intellectual property law, such as, but not limited
to, pornography, obscene or defamatory material. Intterra may remove such User
Submissions and/or terminate a User's access for uploading such material in violation of
these Terms of Use at any time, without prior notice and at its sole discretion.
(d) In particular, if you are a copyright owner or an agent thereof and believe that any
User Submission or other content infringes upon your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our
Designated Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for
further detail):
(i) A physical or electronic signature of a person authorized to act on behalf
of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed,
or, if multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject
of infringing activity and that is to be removed or access to which is to be disabled and
information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact
you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material
in the manner complained of is not authorized by the copyright owner, its agent, or
the law; and
(vi) A statement that the information in the notification is accurate, and under
penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive
right that is allegedly infringed. Intterra’s Designated Agent to receive notifications of
claimed infringement is:
Attn: Brian Collins
CEO Intterra, Inc.
3740 Dacoro Lane, Suite 200C
Castle Rock, CO 80109
brian.collins@intterragroup.com
You acknowledge that if you fail to comply with all of the requirements of this Section 5(D),
your DMCA notice may not be valid.
6
(e) You understand that when using the Website, you may be exposed to User
Submissions from a variety of sources, and that Intterra is not responsible for the accuracy,
usefulness, safety, or intellectual property rights of or relating to such User Submissions.
You further understand and acknowledge that you may be exposed to User Submissions
that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and
hereby do waive, any legal or equitable rights or remedies you have or may have against
Intterra with respect thereto, and agree to indemnify and hold Intterra, its
Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by
law regarding all matters related to your use of the site.
(f) Intterra permits you to link to your own User Submissions, if any, hosted on the
Website or User Submissions of other third parties available on the Website, for personal,
non- commercial purposes only. You understand that the User Submissions, whether or
not linked or embedded into other websites, are provided to you only on an as-available
basis, and Intterra does not guarantee that their availability will be uninterrupted or bug
free. Intterra reserves the right to discontinue any aspect to the Website at any time,
including discontinuing any linked or embedded Content either generally or in specific
cases.
(g) Intterra may use your information to notify you of important changes to the
Website, services, and special offers. If you do not want to receive such notices, you
may use the following options to opt out of receiving future communications:
(i) Send an email message to INFO@INTTERRAGROUP .COM with the
word "Remove" in the subject field; or
(ii) Send mail to the following postal address:
Attn:Remove
Intterra, Inc.
3740 Dacoro Lane, Suite 200C
Castle Rock, CO 80109
Opting out may prevent you from receiving email messages regarding the Services
updates, improvements, or special offers. In the event that Intterra provides any third-
party with your personal information, You will have to contact the Third Party Website
directly with any opt-out request.
7. Map and Navigation Information
Any Content or other information is provided to Users through the Website is intended for
analytical purposes only and not as the basis, or part of the basis for deciding how to
respond to an incident, to make personnel deployment decisions or as to determine the
methodologies for mitigating the damage or threats of damage from an incident or potential
incident. Users may find that weather conditions, emergency situations, construction
projects, traffic conditions or other events may cause road or travel conditions to differ
from the graphic depictions and data shown in the Content. The transit information
contained in and/or provided by the Website includes information provided by third parties,
and is intended for analytical purposes only. Intterra makes no representations or
warranties regarding the accuracy, completeness of Content or other information.
7
8. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, INTTERRA, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. THE
SERVICES AND ANY SERVICES ARE PROVIDED “AS IS” AND INTTERRA MAKES NO
WARRANTY OF ANY KIND WITH REGARD TO SITUATIONANALYST, FIELD TOOL,
OR ANY SERVICES PROVIDED BY INTTERRA HEREUNDER. INTTERRA
EXPRESSLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR
NONINFRINGEMENT.
FURTHER, INTTERRA DOES NOT WARRANT RESULTS OF USE OR THAT THE
SERVICES ARE BUG FREE OR THAT ITS USE WILL BE UNINTERRUPTED. INTTERRA
AND ITS LICENSORS DO NOT AND CANNOT WARRANT THE RESULTS YOU MAY
OBTAIN BY USING THE SERVICES. THIS DISCLAIMER OF WARRANTY
CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES
OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH
VARY FROM JURISDICTION TO JURISDICTION
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, INTTERRA, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.
INTTERRA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE
ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT
OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE
WEBSITE,
(III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF
TRANSMISSION TO OR FROM THE WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN
HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE
WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN
ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR
OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
INTTERRA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME
RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED
8
BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE
OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INTTERRA WILL
NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY
TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS
OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH
ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
9. Restrictions, Disclaimers and Liability Limitations re: Delivery of the Services.
The SituationAnalyst, Field Tool, and/or the Services are subject to the
following restrictions, disclaimers and liability limitations:
(a) Third Party Products, Data and Content. The Services may work in conjunction
with (or rely upon) third party products, data or content that is not owned or controlled
by INTTERRA (“Third Party Products”). When the Services are used (or relies upon)
Third Party Products, by clicking “I ACCEPT,” or by using the Services, you acknowledge
that You accept both the Services and the Third Party Products at Your risk. Conflicts
may develop between the Services and such Third Party Products that may inhibit the
Website’s performance, accuracy, functionality or operation. INTTERRA disclaims all
liability that may arise from the use of (or reliance upon) the Services and/or the use of
(or reliance upon) such Third Party Products. Intterra does not verify the validity or
accuracy of the Services nor its Content in association with the SituationAnalyst or Field
Tool. Nor does Intterra verify the accuracy, performance, functionality or operation of
Third Party Products or data provided to SituationAnalyst, Field Tool, or the Services from
such Third Party Products. Your right to use, copy or do anything with such Third Party
Products is solely at the discretion of the Third Party Provider of such Third Party
Products. The use of SituationAnalyst or Field Tool and reliance upon such Third Party
Products may result in erroneous data or Content being provided to You by the Website.
You are hereby admonished to rely solely (if at all) on independently verifiable information
that You know and trust and not to rely on the Content, the Website, the Services,
SituationAnalyst, or Field Tool. It is Your responsibility to decide, independent of the
Services, what if any actions to take (or not to take) in a given situation based on the
factors that you deem relevant in a given situation based on your experience and
established protocols for your industry. Intterra admonishes You that the Content
generated by the Services and the data upon which it is based may be inaccurate,
corrupted, misleading or erroneous due to erroneous assumptions, inaccurate
information, or poor choices provided by You, partner agencies and organizations that
provide you data, and external sources which you authorize, or hackers.
(b) Cloud-based Service, Lack of Back-up, Incompatibility & Help-Desk Support.
Your access to the SituationAnalyst may be deployed through a software-as-a-service
(“SaaS” or “Cloud”) format whereby the Services are hosted on third party servers
including but not limited servers operated by Amazon Web Services, LLC (“Amazon”)
and its affiliates. Intterra makes no representations or warranties regarding the stability,
compatibility, integrity or privacy of Amazon or other Cloud-based hosting services. The
Services, Content, Third Party Products and other related or relied upon Cloud-based
SaaS may be particularly vulnerable to hacking, software viruses, privacy breaches,
denial of service attacks, acts of God, acts of war, force majeure events, system
crashes, platform connectivity and Intterra disclaims any and all liability for such
problems. The Services or Content may also be incompatible with Your hardware
9
devices, operating systems, mobile apps, laptops, notebooks, desktops, mobile devices
or other systems or software (“Other Systems”). Such incompatibility issues may cause
the Services, SituationAnalyst, Field Tool, or the Other Systems to crash or operate
improperly. In addition, You are hereby admonished that Intterra does not maintain back-
up hardware systems, servers, Cloud or other hosting facilities of any kind, unless
specified in a separate contract or purchase order agreement. Intterra disclaims any and
all responsibility and liability for any lost, stolen or corrupted data, Content or information.
Intterra does not offer a 24/7 help desk, unless specified in a separate contract or
purchase order agreement. Access to a live-person help desk may be limited or
unavailable during an incident or emergency. Intterra hereby disclaims any and all
liability for the absence of a help desk or other support personnel.
(c) Erroneous Assumptions, Improper Use, Erroneous Inputs and Data. In addition to
other disclaimers of liability herein, Content generated by (and data supplied to)
SituationAnalyst, Field Tool, or the Services may be based on erroneous assumptions,
improper usage or erroneous interpretation of the previous Content or data by You,
partner agencies and organizations that provide you data, and external sources which
you authorize (“Decision Makers”). Intterra disclaims responsibility for the actions of such
Decision Makers as well as their assumptions and interpretations of the Content and other
information.
(d) Utilization of Website under Dangerous Conditions. Your use of the Website under
certain conditions, such as walking, driving or in other conditions where Your attention
may be impaired, can lead to Your injury or death or to the injury or death of third
parties and You accept all risk associated with such use. Intterra disclaims all liability that
might arise from Your use of the Website under any circumstances where doing so might
put You, Your possessions, or third parties at risk or in any kind of danger.
(e) Dangerous Environments. Intterra does not control who or how data can be supplied
to SituationAnalyst, Field Tool, or the Website or who can send You a message containing
information, instructions, recommendations, directions and/or maps. Only follow
instructions, recommendations, directions or maps that have been received from people
You trust and in accordance with the applicable protocols, chains of command and
incident information management requirements. All decisions based upon the use of the
Services are subject to Your verification of the data, Content and assessment of
dangerous environments. All decisions or actions made by You are subject to Your
professional judgment and are the sole responsibility of You and not the Services, Field
Tool, SituationAnalyst its maps, depictions, databases or Content. By clicking “I
ACCEPT,” or by using the Services, You acknowledge and accept all risk associated
with such use. Intterra disclaims all liability that might arise from Your use of the
Services to give or follow directions, develop a course-of-action, develop a risk mitigation
strategy, travel to a location or meet with another person.
(f) Dangerous Locations. Intterra does not provide information regarding the safety
or acceptability of locations for which You have received directions or a map. Only
follow directions or maps to locations You know and trust and do not follow directions
or maps to locations with which you are unfamiliar or uncomfortable or inconsistent with
established protocols. The relative safety of a location during an incident is dynamic and
may change from safe to unsafe at any time without notice. Your use of the Services to
travel to an unsafe location can lead to Your loss of possessions, to Your injury or death,
or to the injury or death of third parties. By clicking “I ACCEPT,” or by using the Services,
10
You accept all risk associated with such use. INTTERRA disclaims all liability that
might arise from Your use of the Software to deploy personnel or assets to any location
where doing so might put You, Your possessions, or third parties at risk or in any kind of
danger.
10. Limitation of Liability.
NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, UNDER NO
CIRCUMSTANCES AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT
LIMITED TO, TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE,
SHALL INTTERRA OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PERSON
(I) FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF
RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR DAMAGES RESULTING
FROM YOUR USE OF THE SOFTWARE OR THE SERVICES PROVIDED BY OR
ON BEHALF OF INTTERRA, OR (II) FOR ANY MATTER BEYOND INTTERRA OR ITS
LICENSORS' REASONABLE CONTROL. INTTERRA AND ITS LICENSORS' MAXIMUM
LIABILITY FOR DAMAGES OF ANY KIND WHATSOEVER ARISING OUT OF THIS
AGREEMENT SHALL BE LIMITED TO (I) THE PURCHASE PRICE PAID BY YOU FOR
THE SERVICES, OR (II) IF YOU RECEIVED THE SERVICES FREE OF CHARGE,
TWENTY DOLLARS ($20.00), EXCEPT WHERE NOT PERMITTED BY APPLICABLE
LAW, IN WHICH CASE INTTERRA’S LIABILITY SHALL BE LIMITED TO THE
MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE LAW. THE FOREGOING
LIMITATIONS SHALL APPLY EVEN IF INTTERRA HAS BEEN INFORMED OF THE
POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL INTTERRA, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR
AGENTS, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY
(I) ANY OF THE ABOVE LIMITATIONS OF LIABILITY, (II) ERRORS, MISTAKES, OR
INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE,
OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE WEBSITE OR SERVICES, (IV) ANY UNAUTHORIZED ACCESS TO
OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY
INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE
OR SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE,
WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD
PARTY, AND/OR
(VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR
DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT
POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE
WEBSITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT,
OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING
LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED
11
BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT INTTERRA SHALL NOT BE LIABLE FOR
USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE
FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
THE TRANSIT INFORMATION CONTAINED IN CONTENT AND/OR PROVIDED BY
THE WEBSITE OR SERVICES INCLUDES INFORMATION PROVIDED BY THIRD
PARTIES, AND IS INTENDED FOR PLANNING PURPOSES ONLY. INTTERRA
MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY
OR COMPLETENESS OF THE INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND
EXCLUSION MAY NOT APPLY TO YOU.
The Website is controlled and offered by Intterra from its facilities in the United States
of America. Intterra makes no representations that the Website is appropriate or available
for use in other locations. Those who access or use the Website from other jurisdictions
do so at their own volition and are responsible for compliance with local law.
11. No Third-Party Beneficiaries
You agree that, except as otherwise expressly provided in this Terms of Use, there shall
be no third-party beneficiaries to this agreement.
12. Indemnity
You agree to defend, indemnify and hold harmless Intterra, officers, directors,
employees and agents, from and against any and all claims, damages, obligations,
losses, liabilities, costs or debt, and expenses (including but not limited to attorney's
fees) arising from: (i) your use of and access to the Websites; (ii) your violation of any
term of these Terms of Use; (iii) your violation of any third party right, including without
limitation any copyright, property, patent, or privacy right; or (iv) any claim that one of
your User Submissions caused damage to a third party. This defense and indemnification
obligation will survive these Terms of Use and your use of the Website.
13. Ability to Accept Terms of Use
By your use of the Website, you affirm that you are either are at least 18 years of age,
or an emancipated minor, or possess legal parental or guardian consent, and are fully
able and competent to enter into the terms, conditions, obligations, affirmations,
representations, and warranties set forth in these Terms of Use, and to abide by and
comply with these Terms of Use. In any case, you affirm that you are over the age of
13, as the Website is not intended for children under 13. If you are under 13 years of
age, then please do not use the Website. There are lots of other great websites for you.
Talk to your parents about what websites are appropriate for you. Minors over the age of
13 must ask their parents or guardians for permission before using or visiting the Website
or sending any personal information to anyone over the Internet.
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14. Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be
transferred or assigned by you, but may be assigned by Intterra without restriction.
15. Government Restricted Rights.
If you are an agency, department, or other entity of the United States Government
(“Government”), the use, duplication, reproduction, release, modification, disclosure or
transfer of the Website, or any related documentation of any kind, including technical
data or related manuals, is restricted in accordance with Federal Acquisition Regulation
12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement
227.7202 for military agencies. This Website is a commercial website and the related
documentation is commercial website documentation. The use of the website and related
documentation is further restricted in accordance with the terms of this Terms of Use, or
any modification hereto.
Intterra, Inc.
3740 Dacoro Lane, Suite 200C
Castle Rock, CO
80109
16. Proprietary Rights.
Intterra and its licensors shall own and retain all rights, title and (except as expressly
licensed hereunder) interest in and to the Content and Services, all associated
copyrights, Marks, trade secrets and all copies or portions thereof, original works of
authorship, look and feel, and any derivative works thereof (by whomever created). The
Content, Services, SituationAnalyst, and Field Tool are protected by copyright laws and
international copyright treaties, as well as other intellectual property laws and treaties.
Notwithstanding anything else, SituationAnalyst is licensed and not sold. All rights in the
Services, SituationAnalyst, and Field Tool that are not specifically granted in this
Agreement are reserved by Intterra and its licensors.
17. Term and Termination.
This Agreement is effective until terminated hereunder. You may terminate the Terms
of Service at any time by terminating Your account, or failing to make requisite payments
for the Services Intterra will have the right to terminate the license granted herein
immediately if You fail to comply with any term or condition of this Agreement. The Terms
of Use Agreement will terminate automatically upon User’s breach of any terms of this
Agreement. Intterra will also have the right to terminate the license granted herein
immediately upon its sole discretion. Upon termination of this Agreement for any reason,
You shall immediately stop using the Services and shall destroy and remove from all
computers, hard drives, networks, and other storage media all Content. Sections 2
through 17 shall survive any termination of this Agreement.
18. General
These Terms of Service represents the complete agreement concerning the Websites
13
between the parties and supersedes all prior agreements and representations between
them. The Terms of Service may be amended only by a writing executed by both
parties. If any provision of the Terms of Service is held to be illegal or unenforceable,
that provision shall be limited or eliminated to the minimum extent necessary to make
it legal and enforceable and the Terms of Service shall otherwise remain in full force and
effect and enforceable. The failure of Intterra to act with respect to a breach of the
Terms of Service by User or others does not constitute a waiver and shall not limit
Intterra’s rights with respect to such breach or any subsequent breaches. The Terms of
Service are personal to User and may not be assigned or transferred for any reason
whatsoever without Intterra’s prior written consent and any action or conduct in
violation of the foregoing shall be void and without effect. Intterra expressly reserves the
right to assign the Terms of Use and to delegate any of its obligations hereunder. The
Terms of Use shall be governed by and construed under Colorado law (without regard
to its conflicts of laws provisions) as such law applies to agreements between Colorado
residents entered into and to be performed within Colorado. Any dispute arising out of
or relating to this Agreement, or the breach thereof, that cannot be resolved by
mediation or negotiation within 60 days shall be submitted to final and binding arbitration
before the American Arbitration Association ("AAA") in accordance to the United States
Federal Arbitration Act. Each party recognizes and agrees that any claim or dispute,
with the exception of intellectual property disputes, must be submitted to arbitration within
one year from which it could be filed. Otherwise, it is permanently barred. The arbitration
proceedings will be conducted in the English language in the city of Castle Rock,
Colorado. The arbitration proceedings will be conducted by one (1) arbitrator, according
to the AAA's then current consumer arbitration rules. The arbitrator shall decide the
dispute in accordance with the substantive law of the state of Colorado. Any judgment
rendered by the arbitrator shall be confidential, provided that, if the non-prevailing party
does not comply with the award within the time period permitted therein, the prevailing
party may enter the award in a court of competent jurisdiction for the sole and limited
purpose of confirming the terms of the arbitration award and enforcing compliance.
EACH PARTY RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS
AND LIABILITY AND REMEDY LIMITATIONS IN THESE TERMS OF USE ARE
MATERIAL BARGAINED FOR BASIS OF THE TERMS OF USE AND THAT THEY
HAVE BEEN TAKEN INTO ACCOUNT AND REFLECTED IN DETERMINING THE
CONSIDERATION TO BE GIVEN BY EACH PARTY UNDER THESE TERMS OF USE
AND IN THE DECISION BY EACH PARTY TO ENTER INTO THESE TERMS OF USE.
Questions concerning these Terms of Use should be sent to the address set forth below.
Any notices or correspondences will only be effective if sent to such address.
Intterra, Inc.
3740 Dacoro Lane, Suite 200C
Castle Rock, CO 80109 10 January 2017
1
Revised February 23, 2017
INTTERRA PRIVACY POLICY
Intterra, Inc., a Nevada corporation (“Intterra” or the “Company”) takes your privacy
seriously. Please read the following to learn more about our privacy policy. This Privacy
Policy should be read in conjunction with Intterra’s Terms of Use, which may be found
at www.intterragroup.com/termsofuse
What This Privacy Policy Covers
This policy only applies to the publicly accessible website or any other
publicly accessible websites owned or operated by Intterra, including portions
of the website that are only accessible to free registered users (collectively,
the "Website"). This policy does not apply to any third-party websites that
might be linked to the Website or to the practices of companies that Intterra
does not own or control, or to people that Intterra does not employ or
manage. Intterra has no control over, and assumes no responsibility for, the
privacy policies or practices of such third-party websites. Information on such
third-party websites may be obtained directly from those third-parties,
possibly from their websites.
This policy covers how Intterra treats personal information that Intterra
collects and receives from the Website and free online services that may be
delivered through the Website (collectively, the “Services”). Personal
information is information about you that is personally identifiable like your
name, address, email address, or phone number, and that is not otherwise
publicly available.
This policy does NOT apply to any of your private information that is
collected, received and/or stored through your use of any Intterra
products or fee-based, cloud services, including information related to
your current and past use of Intterra’s SituationAnalyst software (the
“Products”). Use of the Products and the terms and conditions governing
your private information are controlled by the terms of Intterra’s Terms of Use
and End User License Agreement.
Information Collection and Use
Intterra collects personal information when you register with Intterra, when
you use the Website, and when you download and/or use software provided
by Intterra and/or the Website. Intterra may utilize information that it obtains
2
from you to collect additional information about you from business partners or
other companies and may combine information that it obtains from you with
information from business partners or other companies.
When you register and/or use software provided by Intterra we may ask for
information such as your name, email address, birth date, financial
information, Social Security Number (SSN), gender, ZIP code, cell phone
number, cell phone service provider, current location, places of interest to
you, your personal habits, path of travel, occupation, industry, personal
interests, and personal pictures/photographs. When you register with Intterra
and/or the Website, and sign in to our Services, you are not anonymous to
us.
For certain public services, we may request credit card or other payment
account information which we maintain on secure servers.
Intterra collects information about your transactions with us and with some of
our business partners, including information about your use of Services that
we offer.
Intterra automatically receives and records information from your computer
and browser, including your IP address, cookie information, software and
hardware attributes, and the page you request.
Intterra uses information for the following general purposes to: provide
Services that you activate or request to you, customize the advertising and
content you see, fulfill your requests for other Services, improve our Services,
contact you, conduct research, provide anonymous reporting for internal and
external clients, and for sale to other clients or third parties in non-aggregated
and aggregated forms (but only as set forth below).
The only way to prevent Intterra from collecting personal information about
you is to not use our Website, services or software.
At anytime you may elect not to receive messages from us. In other words,
you may opt out. At any time after your initial registration to receive
information from us, you can opt out by sending an email message to
info@intterragroup.com with the word "Remove" in the subject field; or
Send mail to the following postal address:
Attn:
Intterra, Inc.
3740 Dacoro Lane
Suite 200C
Castle Rock, CO 80109
Opting out may prevent you from receiving email messages regarding
updates, improvements, or special offers. If Intterra has provided any third-
3
party with your personal information, you will have to contact the third-party
directly with any opt-out request.
Special Note Regarding Children: Intterra believes that protecting the
privacy of children on the Internet is very important. The Website and the
services provided by Intterra and Intterra’ software are not designed to attract
children under the age of 13, and Intterra does not intentionally collect
personal information from such children. Ordering online products, services
and information is limited to adults 18 or over. Children should exercise
caution before providing personal information online and should discuss with
an adult or guardian before doing so. Intterra also urges parents and
guardians to consider using one of the low-cost programs designed to protect
children while they are online.
Information Sharing and Disclosure
Intterra may share personal information about you with other people or non-
affiliated companies to provide products or services you've requested, to
target advertising and content for you to see, when we have your permission,
or under the following circumstances:
o We provide the information to trusted partners who work on behalf of
or with Intterra under confidentiality agreements. These companies
may use your personal information to help Intterra communicate with
you about offers from Intterra and our marketing partners.
o Intterra reiterates that Intterra, the Website and all Intterra Services,
and software is not designed or intended to attract children under the
age of 13 as users and Intterra does not intentionally collect personal
information from such children. However, if a parent/guardian permits
their child under age 13 to register with Intterra, to use the Website,
and/or to use the Services, then that parent/guardian is permitting
Intterra to collect and use their child's personal information in the same
manner set forth herein that Intterra uses any other user’s personal
information.
o We respond to subpoenas, court orders, or legal process, or to
establish or exercise our legal rights or defend ourselves against legal
claims.
o We believe it is necessary to share information in order to investigate,
prevent, or take action regarding illegal activities, suspected fraud,
situations involving potential threats to the physical safety of any
person, violations of Intterra’ Terms of Use, or as otherwise required
by law.
o We transfer information about you if Intterra is acquired by or merged
with another company. In this event, Intterra will notify you, by a notice
4
posted in this Privacy Policy, before information about you is
transferred and becomes subject to a different privacy policy.
Intterra may display targeted advertisements and content based on your
personal information. Advertisers (including advertisement serving
companies) may assume that people who interact with, view, or click targeted
advertisements meet the targeting criteria—for example, women ages 18-24
from a particular geographic area. However, not all advertisements and
content may appropriate for you. If you disapprove of advertisements or
content targeted to you, your only choice to prevent further such
advertisements or content being shown to you is to discontinue use of the
Website and Services.
Cookies
Intterra may set and access cookies on your computer. A cookie is a small
data string our server writes to your hard drive. This data string contains your
unique user ID for our Website. This technology also allows us to customize
your experiences when you visit the Website. For example, we may be able
to deliver content specific to your interests, keep track of your online ordering
and alert you to new services.
Intterra may let other companies that show advertisements on some of our
pages set and access their cookies on your computer. Other companies' use
of their cookies is subject to their own privacy policies, not this one.
Advertisers or other companies may have access to Intterra’ cookies.
Intterra collects non-personally identifiable information regarding your visit,
usually in the form of cookies, log files, or clear .gif files. Cookies contain a
session identification number that our systems use to recall previous
authentication or order information from our servers. We may also collect
your domain name, IP address, the address of the last URL you visited prior
to coming to our Web site, and your browser and platform type. We may use
third party navigation and localization services to target advertisements and
content based on where you are located. We may use third party tracking
services to help us analyze this information in the aggregate to evaluate the
effectiveness of our site. In some cases, the information is collected directly
by the third party and in others it is forwarded by Intterra to the third party.
A cookie cannot be used to access or otherwise compromise the data on
your hard drive. Your privacy is always protected. However, at any time you
may choose to change your browser settings to disable cookies if you do not
want us to establish and maintain a unique Ping by Intterra website user ID
for you. Please be aware that cookies may be required to complete certain
functions on this Web site, such as ordering online. Please consult the
instructions provided by your browser provider to change your browser
settings, remove cookies or to disable cookies.
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Confidentiality and Security
We limit access to personal information about you to employees who we
believe reasonably need to come into contact with that information to provide
Services to you or in order to do their jobs.
We have physical, electronic, and procedural safeguards that comply with
federal regulations to protect personal information about you.
Changes to this Privacy Policy
Intterra may update this policy. We will notify you about significant changes in
the way we treat personal information by providing a notice within this Privacy
Policy and/or by sending a notice to the primary email address specified in
your Intterra account.
Questions and Suggestions
If you have questions or suggestions you can contact us on our Website or
at:
Intterra, Inc.
3740 Dacoro Lane
Suite 200 C
Castle Rock, CO 80109
Date: Jan 2017
To: All Intterra Employees
Re: SAAS Continuity of Operations and Recovery
Continuity of Operations and Recovery (Intterra IT Services)
1. Overview
These policies are designed to ensure that Intterra’s primary software-as-a-service
(SAAS) product line is managed and operated to ensure our customer support and
operations are maintained.
2. Objective
Intterra will maintain a cascading back, recovery, and restore plan that will ensure rapid
restoration of customer operations and data with a restore point of 24 hours from
complete loss of capability to full operations. To achieve this, Intterra has a sequence of
back-up and restore processes to restore the following groups of data and services:
• Primary Application Servers – host Intterra’s web servers, GIS servers, database
servers, and applications
• Data Volumes – data storage of client and Intterra application data
• Databases – dynamic, rapidly changing data
• Intterra Business File Systems – documents, code repositories
2.1 Primary Application Servers
Intterra’s primary application servers, GIS servers, database servers, and applications
host our primary customer support applications. These servers are hosted on Amazon
AWS instances. Complete ‘snapshots’ of these are captured and stored on a quarterly
basis using Amazons core services – as Amazon Machine Instances (AMI). AMIs record
the entire server setup to include all applications and data. They can be restored at any
time on a duplicate server for rapid system rebuild.
2.2 Data Volumes
The data that Intterra stores for our applications and databases are stored on data
storage volumes that are attached to our servers. This data is updated on a faster rate
than our core server configuration. All data volumes are saved on a weekly basis. These
include our databases and database backups, GIS data, and customer data.
2.3 Databases
The databases utilized by SituationAnalyst represent the most dynamic and frequently
changing data on our systems. The following back-up strategies are utilized to enable a
restore point on the previous 24 hours.
• All databases are fully captured once per week
• Each 24 hours, an incremental backup is performed to capture the previous 24
hours of activity.
2.4 Business File Systems
Intterra’s business and code file systems are operated on commercial cloud-based
systems.
• Business Files – Hosted on DropBox. DropBox includes an inherent backup
recovery service as part of our business-level subscription.
• Code – Hosted on Github. Back-up and recovery is provided thru cloud-based
change tracking and local repository storage managed by the CTO. All changes to
Intterra code base are automatically synchronized to a specific AWS server
(Jenkins). The Jenkins server itself is included in all AWS quarterly snapshots.
This strategy provides three levels of redundancy for all Intterra code.
3. Roles and Responsibilities
The Chief Technology Officer is responsible for developing the back-up and restore
processes and activities. These include:
• Verifying that all back-up and restore procedures are defined, sustainable, and
meet Intterra’s objectives.
• Conducting restore exercise to ensure the process is working and to confirm
restoration timelines.
• Updating and documenting all batch process to ensure that current Intterra
servers, volumes, and databases are included in back-up and restore strategies.
The Chief Operating Officer is responsible for managing day to day operations
management to include systems restoration. These include:
• Ensuring that all scheduled backups are executed.
• Ensuring that all procedures and documents related to back-up and restoration
are complete, up-to-date, and available.
• Ensuring that staff are trained to execute restoration procedures as needed.
• Leading all restoration processes in the event of an outage.
4. Incident Reporting
The Chief Operating Officer serves as the Company Continuity of Operations (COOP)
lead. All potential COOP outages will be reported on the same business day (or sooner).
On notice of a potential COOP event, the Chief Operating Officer will:
• Report incident to Chief Executive Officer, Chief Technology Officer, and all
Account Managers.
• Gather and assess impact on data integrity and interruption in systems
operations.
• Implement any immediate COOP restoration activities.
The Chief Operating Officer will be responsible for coordinating any communications and
actions with customers. On notice of a potential security incident, the Chief Operations
Officer will:
• Notify any affected customers.
• Implement corrective actions to restore customer systems.
• Conduct audit of potential impacts.
• Support customer CIO/CTO actions.
Meridian City Council Meeting
DATE: May 16, 2017 ITEM NUMBER: 10
ITEM TITLE:
Future Meeting Topics
PROJECT NUMBER:
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS