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2018-08-14 C I T Y C OUNC I L W ORKSH OP M EET I NG AGENDA C ity Council Chamber s 33 E ast B roadway Avenue M er idian, I daho Tuesday, August 14, 2018 at 3:00 P M 1. Roll-C all Attendance X A nne L ittle R oberts X J oe Borton X Ty P almer O Treg B ernt (arrived via phone for executive session) O Genesis Milam X L uke Cavener X Mayor Tammy de Weerd 2. P ledge of Allegiance 3. Adoption of Agenda Adopted as amended 4. Consent Agenda [Action Item] Approved A. Approve M inutes of August 7, 2018 C ity C ouncil S pecial M eeting B. B ainbridge S ubdivision No. 7 P edestr ian P athway E asement C. M addyn Village Subdivision S anitar y S ewer and Water M ain E asement D. E mergency M edical S ervices J oint P owers Agreement Renewal E. Resolution No. 18-2095: A Resolution O f T he C ity C ouncil Of T he City Of M er idian, I daho, S etting F or th C ertain F indings And P ur poses To D eclar e S urplus P roperty And Authorizing T he M ayor Of T he City Of M er idian To D onate F ire Hose To T he Girl S couts Of S ilver S age F. Agr eement to S har e B enefits and Costs of Irrigation S ystem B etween B ainbridge O wners Association, Inc., B r ighton D evelopment Inc., and the C ity of M eridian Regarding K eith B ird L egacy P ark G. Awar d of B id and Approval of Agr eement to U.S . Water S ervices, Inc. for the “Well 28 Water T r eatment E quipment” project for a Not- To-E xceed amount of $460,062.00. H. P ur chase O r der s for C ontinuation of C ontracted Inspection and P lan Review S er vices P O #18-0477 I daho D B S $100,000 P O #18-0478 I daho D B S $100,000 P O #18-0479 I daho D B S $100,000 P O #18-0480 I daho D B S $100,000 P O #18-0481 D MH E nterprises $100,000 P O #18-0482 J ackson C ode C onsultants $100,000 I. AP I nvoices for P ayment 8/15/18 - $3,225,480.65 5. Items M oved F rom the C onsent Agenda 6. Community I tems/Presentations A. Historic P reser vation C ommission Update in Recognition of the Village of M eridian's 125th Anniver sary 7. Action I tems A. Resolution No. 18-2090: A Resolution Re-Appointing S teve V lassek to S eat 3 of the M er idian D evelopment C orpor ation, Re-Appointing Tammy de Weer d to S eat 5 of the M eridian D evelopment Corpor ation and Re-Appointing Nathan M ueller to S eat 8 of the M eridian D evelopment C or poration Denied 8. D epar tment Reports A. Community D evelopment D epar tment Annual Repor t B. Community D evelopment: M onthly Building S er vices Update C. F inance Q uar ter ly Update D. Community D evelopment: S taff Repor t F ormat Update E. Community D evelopment: Review Initial Draft of Ada C ounty Highway D istrict's 2019-2023 Integr ated F ive-Year Work Plan 9. F uture M eeting Topics 10. A mend ed: E xecutive S ession per Idaho S tate C ode 74-206(1)(d): To consider r ecor ds that ar e exempt fr om disclosure as pr ovided in chapter 1, title 74, Idaho Code; 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated and 74-206(1)(j): To consider labor contr act matters authorized under section 74-206A (1)(a) and (b), Idaho Code Into Executive Session at 5:30pm Out of Executive Session at 6:41pm Adjourned at 6:42pm All mater ials presented at public meetings shall bec ome pr oper ty of the C ity of Meridian. Any one desir ing accommodation for disabilities related to doc uments and/or hearing, please c ontac t the C ity C ler k's Offic e at 888-4433 at least 48 hour s pr ior to the public meeting. Meridian City Council Workshop August 14, 2018. A meeting of the Meridian City Council was called to order at 3:00 p. m. , Tuesday, August 14, 2018, by Mayor Tammy de Weerd. Members Present: Tammy De Weerd, Joe Borton, Luke Cavener, Ty Palmer and Anne Little Roberts. Members Absent: Genesis Milam and Treg Bernt. Also present: C. Jay Coles, Bill Nary, Cameron Ariel, Caleb Hood, Bill Parsons, Warren Stewart, Tracy Basterrechea, Mark Niemeyer, Bruce Freckleton, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X__ Anne Little Roberts X _ _Joe Borton X__ Ty Palmer _ ___ Treg Bernt ______Genesis Milam __X___Lucas Cavener __X_ Mayor Tammy de Weerd De Weerd: Okay. I will go ahead and start today's City Council meeting first by welcoming those that are out in our audience. Welcome. For the record it is, Tuesday, August 14th. It's 3:00 o'clock. We will start with roll call attendance, Mr. Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item 2 is the Pledge of Allegiance. If you will all rise and join us in the pledge to our flag. (Pledge of Allegiance recited.) Item 3: Adoption of Agenda De Weerd: Item 3 is adoption of the agenda. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: We are going to make one amendment to Item 10, the Executive Session. We are going to add sub category (1)(f) as a basis for that motion and with that amendment I would move that we adopt the agenda. Cavener: Second. Meridian City Council Meeting Agenda August 21, 2018 – Page 128 of 902 Meridian City Council Workshop August 14, 2018 Page 2 of 44 De Weerd: I have a motion and a second to adopt the agenda amended. All those in favor say aye. All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 4: Consent Agenda [Action Item] A. Approve Minutes of August 7, 2018 City Council Special Meeting B. Bainbridge Subdivision No. 7 Pedestrian Pathway Easement C. Maddyn Village Subdivision Sanitary Sewer and Water Main Easement D. Emergency Medical Services Joint Powers Agreement Renewal E. Resolution No. 18-2095: A Resolution Of The City Council Of The City Of Meridian, Idaho, Setting Forth Certain Findings And Purposes To Declare Surplus Property And Authorizing The Mayor Of The City Of Meridian To Donate Fire Hose To The Girl Scouts Of Silver Sage F. Agreement to Share Benefits and Costs of Irrigation System Between Bainbridge Owners Association, Inc., Brighton Development Inc., and the City of Meridian Regarding Keith Bird Legacy Park G. Award of Bid and Approval of Agreement to U.S . Water Services, Inc. for the “Well 28 Water Treatment Equipment” project for a Not-To -Exceed amount of $460,062.00. H. Purchase Orders for Continuation of Contracted Inspection and Plan Review Services PO #18-0477 Idaho DBS $ 100,000 PO #18-0478 Idaho DBS $ 100,000 PO #18-0479 Idaho DBS $ 100,000 PO #18-0480 Idaho DBS $ 100,000 PO #18-0481 DMH Enterprises $ 100,000 PO #18-0482 Jackson Code Consultants $ 100,000 Meridian City Council Meeting Agenda August 21, 2018 – Page 129 of 902 Meridian City Council Workshop August 14, 2018 Page 3 of 44 I. AP Invoices for Payment 8/15/18 - $3,225,480.65 De Weerd: Item 4 is our Consent Agenda. Mr. Borton. Borton: There are no changes to the Consent Agenda, so I would move that we approve the Consent Agenda as published, for the Mayor to sign and the Clerk to attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. Any discussion? Hearing none, Mr. Clerk. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, absent. De Weerd: All ayes. MOTION CARRIED: FOUR AYES. TWO ABSENT. Item 5: Items Moved From the Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 6: Community Items/Presentations A. Historic Preservation Commission Update in Recognition of the Village of Meridian's 125th Anniversary De Weerd: Item 6-A is under Community Presentations. We are celebrating our 125th anniversary and I do have a proclamation, but I thought I would see if Lila or our Historical Preservation Commission has remarks first. Johnston: Madam Mayor, Members of the Commission, thanks for allowing this opportunity to talk about the 125th anniversary of the village of Meridian. So, with that I'm going to pass this to Lila and, then, to our vice-president Josh. Hill: One of the things that we have been doing getting ready for this anniversary -- or trying to get done by this date -- is to have an inventory of the people who owned all of the buildings in Old Town and the chain of ownership with -- as much as we could put in at the time about businesses and the locations and -- and so forth and so on. So, here is your document. It says: Draft and working document for original townsite building owners, last updated tomorrow -- the 14th. Is that today? I haven't looked at the calendar yet. But, anyway, it contains in order taken from the Alliance Title records, which we have copies of, for the chain of ownership for every property in Old Town and we hope that people will fill in on it as they go. I have a copy for the Mayor's office. I Meridian City Council Meeting Agenda August 21, 2018 – Page 130 of 902 Meridian City Council Workshop August 14, 2018 Page 4 of 44 have a copy for us. One copy will go by e-mail to the Downtown Merchants Association and I have forgotten who we did the other one for, Hillary. Oh. For HPC to work with. So, you may be all asked to ask -- ask who owned your building before you were there. Do you know? Do you know what business was in it? Who was there before they got there. To try to complete the records for the Old Town. We have all -- I think all of the subdivisions but about one or two from the Alliance Title Company, because I played old lady and walked in and said can I have a copy and one of the ladies who was there remembered when she was downstairs in the old high school building and I would go downstairs and work on it and she said give her anything she wants. So, we have a lot of resources to do property owner chains for the whole town. Evarts: So, some things that we are going to be working on as part of this whole 125th year. We had a really successful level of effort for our historic preservation month in May. So, when we ran our tours two years ago it was sort of -- I think we ended up having, you know, eight to nine folks that came out to tour with us during Historic Preservation Month. When we did that this May we had 40 people -- we had multiple groups of people that we were touring in the heat. Dick Nourse opened up his home and actually allowed like a museum walk through and we took these groups around for hours. It wasn't a quick hit, like, you know, ten minutes, walk around, get some Pokemon, you know, and go. It was like legitimate sharing history, really -- really great. So, when we came back as a commission after that they were like, well, what were the things that we did right that we can, then, capitalize on going forward. So, a couple of the things is we -- we realized that we had launched the downtown walking app the prior year and that was a big, big motivation for people, then, to actually at their fingertips in a digital way have content and media. So, one of the things we did when we redid our walking guides is we had a couple of the properties that we didn't have current great photos on, we contracted with a local photographer to take some better photos. What came out of that, then, is the realization that we had lots of properties outside of Old Town -- barns and old buildings and structures that we just didn't have great photographs of and we were running into situations where we were seeing public notices that these things were going to be developed and we wanted to capture, you know, images of those things. So, Lori and I went out in our truck Sunday, spent about four hours with our target list of about 23 properties in Meridian that are eligible for national registry, but aren't registered yet. We enjoyed great cigars and we got photographs and -- and stories. We actually found one of the homeowners was like outside, so -- Mrs. Clapper. So, her home is actually a Frank Lloyd Wright inspired design that's up on the hill -- South Ten Mile on the other side of the freeway looking over the valley. It's stunning. So, all that to be said is we are going -- we ran an RFP a couple months ago to -- to get best value photography support. So, we have two vendors that we selected. So, we are going to be using them to capture imagery of all these great sites that are Meridian and, then, that is feeding into your other project, which is -- Hill: We working on -- or towards -- De Weerd: Lila, we need you to speak into the -- Meridian City Council Meeting Agenda August 21, 2018 – Page 131 of 902 Meridian City Council Workshop August 14, 2018 Page 5 of 44 Hill: We are working towards an atlas for Meridian dating with a map that Tammy and I argue about from 1904 onward and we have really quite a good collection, I think, and that will be coming in the future. One of the things I need to put into his remarks was we did that first original survey in 1987. The requirement for national registers must be 50 years old. So, there has been a few years since '87. So, a lot of the properties that have come on have come on since that first survey was done and we only did inside town. We didn't -- we weren't as big an area for Meridian then as we are now. Evarts: So, I would say the last thing that we are working on, which I think is probably the most important thing for this upcoming year, is we really didn't have an idea as to how much media and information Lila and the Preservation Society have collected and the work that they have done. It's -- it's overwhelming. And we are -- we are so -- we are just benefactors of all this knowledge and, yet, we have reached a place where in this digital age it's not easy for us to share and disseminate that information. So, we got engaged or started the process of working with a local agency that does large format scanning, so that we can start identifying items, because we also don't want these things being handled necessarily, so -- but we want to be able to share this information in a way that's relevant and current and -- and is able to preserve the items. So, we are going to be working with Lila and her team on identifying those pieces, so we can start systematically going and creating that and we feel that that does a couple things. One, it -- it helps preserve those items, because we will have fewer hands that are interacting with them, but it also allows us a much broader disbursement of that history and that knowledge. We will be able to put that up on the city's web page, we will be able to share that through social media where people can see these things. It always amazes me how many times people come through The Vault or the Heritage building and we have old historic photos up there and they go, wow, I didn't realize that that existed. So, I think the more that we can capture those stories and the images and the things associated with it and get those dispersed digitally, I think that -- that only draws more attention to the great work that Lila does, which is awesome. Yeah . It's incredible. So - - she makes us look good. We are eye candy. She's the real worker bee. De Weerd: You are eye candy. Evarts: That's all I got. So, thank you, Madam Mayor and Council Members. We appreciate it. De Weerd: Well, if I could come and join you I will read the proclamation and I will present this to Lila. And I do want to thank the Historical Preservation Commission for your engagement. I have seen the -- the change and the passion that's come over the - - the commission over the last number of years and it's so exciting. I think Lila at one time thought that she and just a few of her closest friends were going to be the only ones carrying the torch for promoting the history of our city and it's nice to see that we have a number of community partners stepping up and being an -- an engaged partner to it. So, thank you both for joining Lila and with that I will read our proclamation. Whereas 2018 marks the 125th anniversary of the original settlement, which is now Meridian City Council Meeting Agenda August 21, 2018 – Page 132 of 902 Meridian City Council Workshop August 14, 2018 Page 6 of 44 known as the City of Meridian. And whereas Meridian's earliest settlers lived along Five Mile Creek where there was running water. The U.S. Postal Service soon established a mail drop along the rail line, which was called Hunter after its superintendent and whereas in 1893 an Order of Odd Fellows Chapter was established and adopted the name Meridian for its lodge in recognition of Idaho's principal surveyors meridian, which runs along Meridian Road as it passes through the town. And whereas the original Meridian town site was filed on August 18, 1893, on homestead grant land belonging to Elsa Ann Zenger whose husband Christian filed the plat and called it Meridian and it has truly become the center of the Treasure Valley. And whereas since its beginning Meridian has been built for business and designed for living by establishing itself as a dairy center for the state and its small town friendliness, which is celebrated each year during Meridian Dairy Days and throughout the year being a safe, attractive and vibrant community. And whereas we wish to thank the Meridian Historic Preservation Commission and the Meridian Historic Society for keeping our history alive and thriving. So, therefore, I, Tammy de Weerd, hereby proclaim August 18, 2018, as the City of Meridian's 125th anniversary in the City of Meridian and I urge all citizens to join me in celebrating the City of Meridian's 125th anniversary. Thank you so much, Lila, for everything you do to preserve our history. We have a rich history and you have brought it to life through all of your efforts. We appreciate you. Item 7: Action Items A. Resolution No. 18-2090: A Resolution Re-Appointing Steve Vlassek to Seat 3 of the Meridian Development Corporation, Re- Appointing Tammy de Weerd to Seat 5 of the Meridian Development Corporation and Re-Appointing Nathan Mueller to Seat 8 of the Meridian Development Corporation De Weerd: Okay. Do we feel old? Okay. It is Item 7-A, which is Resolution 18-2090, resolution re-appointing Steve Vlassek to Seat 3 of the MDC, Tammy de Weerd, Seat 5, and Nathan Mueller to Seat 8. Little Roberts: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: I move that we approve Resolution -- Resolution 18-2090, reappointing Steve Vlassek to Seat 3 of MDC; reappointing the Mayor to Seat 4; and reappointing Nathan Mueller to Seat 8. De Weerd: Okay. I have a motion. Do I have a second? Borton: Second. De Weerd: Okay. Any discussion? Meridian City Council Meeting Agenda August 21, 2018 – Page 133 of 902 Meridian City Council Workshop August 14, 2018 Page 7 of 44 Palmer: Madam Mayor? De Weerd: Yes , Mr. Palmer. Palmer: Madam Mayor, help me understand why -- so, that -- the very existence of MDC is -- is the responsive -- or the reason it exists is because this Council created it or, technically, the State created it, but the reason it exists is because a council in the past made that happen. Why is it that this Council doesn't have any representation on Meridian Development Corporation board? De Weerd: Well, because individuals that are appointed are appointed as individuals and last year when Councilman Bird was reappointed, the Council accepted that reappointment and he will serve out the seat of his term, which was three years. Palmer: Madam Mayor. Maybe just some questions about MDC, kind of where it's sitting. Where are we sitting with the debt on it? How much in debt is MDC now? De Weerd: I think that Ashley had reported on that when we had our joint meeting. But she will be reporting within this next month as part of her quarterly update to Council. Palmer: Can you ballpark it? De Weerd: Not off the top of my head I can't. Palmer: Within a couple hundred thousand? De Weerd: I would rather not guess, but I can certainly get that back to you at our next meeting. Palmer: Within a half a million? Madam Mayor, the reason I ask is -- I -- I mean you -- my understanding is you have been on the board since it was created. De Weerd: No, I haven't. Palmer: How long have you been on it? De Weerd: I think I might have replaced Councilman Borton when he stepped off of Council. I believe. Borton: Sounds about right. Palmer: Madam Mayor, when was that? De Weerd: 2008? Meridian City Council Meeting Agenda August 21, 2018 – Page 134 of 902 Meridian City Council Workshop August 14, 2018 Page 8 of 44 Palmer: So, a decade. And you can't ballpark within half a million dollars how much debt? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: I think the information that you're looking for is probably in the audit. MDC's audit. Whatever that answer is is probably there. Palmer: Madam Mayor, it's -- I mean I have it in front of me. So, in -- on September 30th the debt sat at 505,080 dollars. So, my concern is that yourself having been on there for a decade couldn't guess within half a million dollars as to how much in debt this board is and you have been sitting on it for a decade. This Council has no representation on that board. So, I would hope that we could push this off and maybe have a discussion with some of the missing councilmen and maybe some that are here, if anybody else is interested in serving on that board, whether it's yourself or -- or that's replaced or any of these other two, so that this Council, who is, again, responsible for the creation of this, that has incurred debt -- you know, we brag all the time about how we are so responsible as a city with our finances that we are -- we are not in debt, yet we have created this slush fund organization of unelected members, with the exception of one, that has put us into debt and that one elected couldn't even guess at how much debt that organization was in. De Weerd: Well, the Council did establish the Urban Renewal District in the state code by purpose does separate, because they are two different entities and so my representation is also as an individual, but also as the administrator of our budget, because some of the decisions that are made by that board do impact our budgets and need to be considered as part of those discussions, because, otherwise, they could be making decisions on behalf of a maintenance requirement by the city and so that is one of the reasons that -- that I have served to be -- to be that conduit. So, any further discussion? Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: With these three appointments -- I assume they are all reappointments, so you didn't seek out new appointees for any of these positions? De Weerd: No, we didn't. Cavener: So, Madam Mayor, I guess I'm -- I'm safe in my assumption that we didn't solicit any members of the City Council to see if they wanted to be involved with the MDC? Meridian City Council Meeting Agenda August 21, 2018 – Page 135 of 902 Meridian City Council Workshop August 14, 2018 Page 9 of 44 De Weerd: No. In fact, I don't believe that the city really needs to do the reappointments and maybe Mr. Nary can correct me, but the MDC board can reappoint their own commissioners. This is just a formality. Cavener: Madam Mayor? I guess that would be -- if -- if we don't need to appoint them, then, why -- why are -- why is this before us? De Weerd: I do -- I do appoint new members. Mr. Nary. Nary: Madam Mayor, Members of the Council. So, the way the code works is the expiration of the term is when it's considered a new appointment, even if it's a reappointment of the same person. It's because there is a reappointment. That's what comes to the city. When the person steps off in the middle of a term, with term remaining, the board, then, reappoints -- that board, then, appoints members for the remainder of the term. So, the end of the term is the trigger point for the city to choose the representative. De Weerd: I got that backwards then. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: Then, with that I -- I move we reject Resolution 18 -- De Weerd: I already have a motion on this. Palmer: As a substitute motion, I move we reject Resolution No. 18-2090 and would request that before our new resolution is brought forth that it's put out to the public if anyone is interested in filling any of these positions. Cavener: I will second that for -- at least for the sake of discussion. De Weerd: Okay. Discussion. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: I guess, then, a question for Mr. Palmer, what he is hoping to achieve. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Meridian City Council Meeting Agenda August 21, 2018 – Page 136 of 902 Meridian City Council Workshop August 14, 2018 Page 10 of 44 Palmer: I would like that, hopefully, there would be someone on this Council -- I don't have the time to do it, but I would hope that someone on this Council would want to and have the availability to serve on it and would have interest come forward and -- and, you know, at least be interviewed by yourself or whatever the process to -- to come forward and ask us for that and also to put it out for the public if there is anybody in the public, especially those who are paying the taxes within the Urban Renewal District, to serve on the board, rather than just reappoint those that are on there. And if there is nobody else interested, then, by all means. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: From a procedural -- it may make sense, if the motion maker is okay, to -- to table the motion, have that discussion, you have got, as I understand it, seven members of the public on the board. Is that -- or eight members? De Weerd: No. I believe there are nine. Borton: And one elected official -- not eight members of the public? De Weerd: Yes . Borton: Okay. The deadline I believe, Mr. Nary, is the end of this month. The term expires the end of August? Sorry to put you on the spot. Perhaps, if you're okay, Mr. Palmer, you -- just table the resolution and, then, well before next Tuesday have these discussions and figure out the mechanics of what you guys are trying to -- and see if there is -- we got a couple of the Council Members, get them in the discussion, gauge their interest in and maybe they share concerns or not, I don't know, but that -- certainly, yeah, where you want to be and, then, on next Tuesday might have perhaps even a different resolution. Whatever accomplishes that purpose. Cavener: Madam Mayor? De Weerd: Mr. Cavener. De Weerd: I think Council Member Borton is probably on the right track. I guess what I would be interested in knowing is there any desire for me to allow somebody from the City Council to serve in that role. De Weerd: Well, certainly the members that are currently serving are interested in continuing that service, so they have all contributed in a number of great ways, so I wasn't looking at -- at finding new board members and -- and neither was the board. So, I guess, no, it hadn't come up. Meridian City Council Meeting Agenda August 21, 2018 – Page 137 of 902 Meridian City Council Workshop August 14, 2018 Page 11 of 44 Cavener: So, Madam Mayor, I guess I -- I think that there isn't any real purpose to delay this any longer if there isn't any desire on your point to appoint a member of the City Council to sit on the Urban Renewal. That same decision would be a week from now or two weeks from now that it would be today. As disappointed as I am to hear that, I don't see any reason to delay if your decision wouldn't change. So, I guess we have a motion on the table. It can fail and, then, the original motion would be on the table. Palmer: Madam Mayor? De Weerd: Mr. Palmer. Palmer: So, it's -- my whole purpose -- and especially in the uncomfortable questions I was asking you -- are -- the point is twofold. One, I really want representation from Council on the board and, two, I don't want representation from you on the board. So, my -- my main goal is to definitely get a councilman on there and that's where I'm at. De Weerd: Okay. I think the substitute motion was -- Coles: To deny the resolution as written. De Weerd: Okay. Mr. Clerk. Roll call: Borton, abstain; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, nay; Bernt, absent. De Weerd: Okay. So, the motion fails. I mean the motion passes. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSTAIN. TWO ABSENT. Borton: So -- Madam Mayor? De Weerd: Mr. Borton. Borton: The concept can go forward. Some of the questions and concerns can be raised. We have got two Council Members missing. Explore it further. A resolution of three people will be back hopefully next week and it might not be worked out, you might get concerns addressed, but this will probably be next week and, if not next week, the week after, just to meet whatever deadlines that are for the appointment. Item 8: Department Reports A. Community Development Department Annual Report De Weerd: Okay. Okay. Department Reports. Item A is under our Community Development Department. Cameron. Meridian City Council Meeting Agenda August 21, 2018 – Page 138 of 902 Meridian City Council Workshop August 14, 2018 Page 12 of 44 Ariel: Madam Mayor, Members of the Council, it is a great pleasure to be with you this afternoon and thank you for the opportunity to present our annual report to you. It is with great pleasure that I stand before you. There is -- it's been exactly -- well, approximately, seven months since I came on as the director for the Community Development Department and just things are going fast and furious. So, it's great to actually pause and look back, really, on what's been going on and report to you some of those exciting things that are happening in our department. So, I'm just going to kind of paint a picture for you where we want to head and -- and kind of give you guys a quick - - maybe -- a quick lay of the land as we go forward here with the presentation, but it will also go kind of in order of -- of how things are rolling. Note as well that there are other reports, even on this agenda today, that will give you more meat. So, for example, Caleb is going to be reporting to you on the -- oh, C.Jay. Oh. Cool. Thank you. Perfect. Caleb is going to be providing an update to you on the staff report. We have had comment back from you. Obviously, the directors and other department partnerships that we have that contribute to that. So, that will be a great report for you. As well as Bruce will give a detailed report on the monthly update of the Building Services Department. So, we are excited to report on those items as well in greater detail. But I just wanted to kind of touch base on the department. What we are, what we do and how we really are moving things together as one team. Give you some staffing updates. Give you a little bit more detail. Caleb will dive into the Planning piece. Bruce also will discuss the Building Services, which includes building and land development. And, then, Brenda, unfortunately, is not well and so she's going to be presenting to you at a later date. Hopefully the 28th if we can reschedule it for that time for her portion. And, then, just opening it up to you all to understand what -- what you are hearing and seeing. Things that we could -- what you like, what things we could be doing better and -- and to get any feedback that you may have. So, with that just real quick I want to give you just a brief look at the department. So, we got kind of three legs to our stool. Bruce, obviously, has building services and land development under him, but really just want to kind of take this opportunity to give you a little bit of an understanding of some of the things that I have been doing in relationship to our department and leadership team. So, with that, I just wanted to kind of take that opportunity to just give some serious kudos across the board, you know, especially in -- you know, with everything that's been going on with the budget amendment, with everything that you all have been doing and showing your support of us and what we are trying to accomplish, it's just been humbling to be right there in the front of that seeing that all happen. So, kudos to -- to you, Madam Mayor and Councilman Palmer is our liaison, we just appreciate the level of support that we are -- that you are giving it. It makes the lift that much more doable and it's just fun to -- fun to be a part of it. So, big kudos to Bruce and Brent in the -- in the Development Services Department, along with Sam. In fact, Brent's right now reporting to the BCA, one of our major stakeholders, on these very topics as well to really engage your stakeholders and that's one of the really fun things that I have been able to be a part of is kind of reinvigorating that stakeholder group, getting to know their thoughts, their -- their feelings, how we can best move forward with these things and that's just been a great partnership. Also, you know, in advance of Bruce's presentation I would be remiss if I didn't give some serious kudos to our HR team -- our city team. HR, Public Works, IT, Finance and many others Meridian City Council Meeting Agenda August 21, 2018 – Page 139 of 902 Meridian City Council Workshop August 14, 2018 Page 13 of 44 that have -- are really just crushing it. I mean so proud to be working with them and seeing all the hard work that they are doing and you will -- you will get a taste for some of that as we go through the various presentations. So, real quick just to give you a quick look at the department, kind of how it functions and flows, you know, you see here Economic Development really is kind of the tip of the spear and as, you know, business and the economy kind of comes into the city, how that transitions, then, into planning and how that -- the planning function is integral into getting things entitled and moving and in the proper zones and, then, of course, that folds into the Development Services piece, you know, to get things -- to make sure they are -- their easements are correct, platted correctly, and so on, addressed and, then, all the way through construction and, then, all that comes right back to economic development and how we retain that economy in our community. So, just -- you will see a lot more of this type of stuff from, you know the -- the various reports, but I do want to kind of just pause and give some kudos to -- to planning. Caleb and his team. With the comp plan coming -- I won't steal any of that thunder, but it's just been fantastic to see the response that we are getting because of their efforts and what that will mean to our community in the future. It's just - - it's the right time, it's -- it's going to be an incredible effort and it's a -- it's a big boulder to push up the hill. So, I just -- I want to give some -- some serious props to the planning team and also just with the day-to-day stuff. We are seeing a lot of applications come through and increasingly more complex as we do infill, redevelopment, you know, some -- some complexity there, too. So, I'm just really -- really proud of them. Thank you all for your support in advancing the associate planner position. We are excited about that and filling that position here soon, as well as your support of the CDBG program as well. Just real quick. On the E side, just really excited to see things like the Paylocity project coming to fruition, the Brighton Corporation headquarters, a lot of expansion village, things like that going on, but just wanted to, you know, express again our appreciation for this port of the SWOT analysis and -- SWOT analysis and the industry specific analysis that we will be doing here shortly. That's going to be a big component of how we plan in the future, how we target specific industry, exterior and interior to the community and so just really appreciate the Council's support of those initiatives. I wanted to just throw this -- this slide in as far as the org chart goes, just to give you a taste of -- kind of, you know, we are -- we are growing not only as a community, but certainly as a department and this just gives you a little bit of a taste of where we are heading, because you can see there is still a lot of empty positions there, but also how we are feeling that. Again, from -- from my position of the director -- you know, in the director role I am so pleased with our hiring efforts. Granted, it hasn't maybe been as quick as we would like. I think Bruce is going to share some statistics with you that really shows how actually quickly we are filling these things comparatively speaking and the amount of time and effort that we are putting into it, because we feel like we do need to get it right and that the people that we are hiring are exceptional and so I am just grateful for -- for the efforts there and -- and seeing how that's all coming about. So, just real quickly, Bruce, again, will dive into this a little bit more. Just wanted to show you some of the team that's been added since our last report. If you notice that whole bottom row -- we have an inspector team. I was talking with Sam the other day and we kind of just pinched ourselves, it's like, how did this happen. We have our own team doing our own inspections in our own way and that's Meridian City Council Meeting Agenda August 21, 2018 – Page 140 of 902 Meridian City Council Workshop August 14, 2018 Page 14 of 44 pretty powerful. So, we are -- we are excited about Michael LeBeau. Hopefully, you will get a chance to meet him. Just a stellar human being to build this team around and we are just -- we are proud of each of these guys. And Riley just started on Monday. So, we are excited about that. But more growth to come there and Bruce will -- will add some to that. But excited about our permit tech team. We have mentioned this previous, but Ashley and Renee, fantastic hires. High aptitude, wanting to learn more, branch out into other things. Went -- recently went to a conference, came back just -- just jazzed about how advanced our department is -- or our permit tech team is compared to others in the west and it was just -- it's just good to see that energy. Can't speak enough about Stephanie Leonard. Fantastic planner. Excited about her future with the team. Of course, we reported to you previously about Kevin. Kevin Holmes, our new assistant planner as well, just a great hire. High capacity folks. And, then, Ryan, as you know, is in our addressing division and just a great hire as well. So, excited about that. And, then, we got that bloke that for some reason you can't shrink his picture in the middle there, but just a fantastic team and I'm excited to be about -- be a part of it. But I just wanted to kind of leave an anecdote with you. You know, a lot of folks are saying how -- gosh. how's it going, what's -- what's going on and I -- I actually posed these questions to staff in one of our staff meetings and I said how many of you guys have built your own house and a few people raised their hands. How many of you guys have started your own business? A few more raised their hands. How many of you guys have implemented a significant software package? I think actually somebody did raise their hand on that. Surprising. How many of you guys have hired 20 plus employees? You know, how many of you guys have equipped those employees with fleet and equipment and state of the art tech. And, then, on top of that ran other enterprises. And, you know, staff kind of chuckled and I just said that's exactly what we are doing and it's awesome. There is a lot going on in our department and I am just so proud of -- of how everyone is working hard to -- to accomplish what's put before them. So, it's just humbling to be a part of and just grateful for the opportunity. So, with that I'm going to turn the time over to Caleb. Hood: Madam Mayor, Members of the Council, Caleb Hood here to give you a quick overview of what's been going on in planning mostly this last year, but we will look forward a little bit as well. You know, we see you quite a bit, so I'm not going to go into a whole lot of depths of what we do, because, again, we are on your agenda pretty much every week. So, you are -- I feel like, you know, you kind of know what's going on in our department, but I don't want to, you know, gloss over that either. I do want to, you know, appreciate our staff and want to acknowledge them and -- and really kind of look back a little bit. So, here is our bread and butter. We will start with that; right? The permitting. All the new projects. This isn't all the new projects, but these are some of the highlighted projects that Bill came up with. So, Bill oversees this side of things, the current planning side of things. Supervises this, makes sure we move forward and get things processed efficiently with -- with his team. You know, this past year we have -- we have done quite a bit multi-family -- multi-family and storage is kind of the theme I think this -- this last year. We see -- see them going up all over the place. For some reason there is just a lot of those types of projects. But there is -- there is some ones, too, on the screen -- and, again, this isn't comprehensive by any means. I do want to Meridian City Council Meeting Agenda August 21, 2018 – Page 141 of 902 Meridian City Council Workshop August 14, 2018 Page 15 of 44 give some props to -- to Sonya and Josh. They, as you know -- you see them quite a bit. They do all of our hearing level applications and there is, again, been a lot and I don't want to toot our own horn or you know how busy we are and I -- it almost -- I get tired of hearing it, because it's -- busy is the norm. Why do we keep saying we are busy, because it's just -- that's just how it is and it's been that way for a long time, but they do -- there is some big projects, you know, the Costco -- you know, Sonya saw those -- those through. We have had a lot of neighborhood associations and meetings and neighbors and, you know, educating the public, having them understand our processes, how they can get involved, when is the appropriate time to get involved, you know, hearings, those types of things. Hearing them out, what their concerns are and just working with them. ICOM and some of those other -- other big projects that have been going on just this past year with even some of the housing for that project. We are updating -- and Bill will speak to you in I think the next agenda item. No, I'm sorry, Finance cut in between all of our -- our presentation somehow, but on the staff report format update. But Sonya is also taking some of that and going to update our conditions of approval. So, that ties in nicely with the staff report as well. So, it seamlessly integrated in with our -- excuse me -- our -- our Enterprise software. So, we can take some of the comments we received and the conditions and roll them right into this new template that Bill is going to talk to you about in a few minutes. And Cameron just mentioned it, but Stephanie and Kevin have been great additions to our team -- our front line of defense, essentially. They are on call. You know, people walk in or call, they are -- they are the first point of contact when folks don't know who to talk to. They help them out with zoning questions and can I build a fence here and how tall can it be and they have stepped right in up in their customer services, so I'm just so impressed in just a short amount of time how much of the code they have picked up and their willingness to -- to help folks out, so -- so great there. And, again, Cameron mentioned it, but the new associate city planner, thank you for advancing that. We are moving into the interview stage and hope to have somebody hired just as soon as we can, so -- to relieve some of that effort or the workload that we currently have. So, some of the other special projects. So, we are working on, you know, our bread and butter stuff, but we had -- we do have some time for some kind of special projects and other projects. Here is a couple of examples. This last year Brian McClure put together a couple of these handouts and he's great, you know, he's got kind of that technical -- he can make things pretty for us a lot of times and he developed a couple of these new handouts. We are hearing quite a bit of concern and -- it still exists, quite frankly, the difference between land use and zoning and those designations. So, you see it now as the title slide in most of the PowerPoint presentations to try to help, again, educate the folks -- the public on the difference between low density residential in the comp plan and low density residential in the zoning code or UDC. So, we have developed a couple of these flyers. Some of them are on the back table, so when people come maybe they -- they are in Council chambers for the first time and they don't have any idea. Just, again, trying to educate people and I think it speaks well to our customer service and we really do try to -- try to help people through the process whether you are an applicant or just a neighbor of a project. So, just some other recent efforts. And this is -- these are - - this is really hot off the press. We have put some of these maps online and there is hyperlinks there. These interactive web maps. So, this is basically realtime information Meridian City Council Meeting Agenda August 21, 2018 – Page 142 of 902 Meridian City Council Workshop August 14, 2018 Page 16 of 44 you can get and -- you or the public or staff. We all use this to see some of that base zoning information. So, some of the idea here is to let people fish for themselves. You can select a property, it drops down the zoning, the acres. There is hyperlinks within that. The Ada County Assessors information. So, if you want information, pictures of the property, those types of things, it's all available here on the website through these maps. You can zoom in, you can zoom out, you can turn some things on and off roads and those types of things. So, I think it's a really great tool. We use it a little bit -- you know, it's -- the version we typically use as staff is a little bit more on steroids. We have some more information that we don't push to the public, but this is going to be a great tool that can really, I think, again, help people understand their properties -- adjacent properties, the zoning and -- and the like. So, I'm really excited about that. So, that's -- again, that's just live on the website as of the last couple of weeks. Here is some other things that we have been working on and will continue to work on. So, as I said, we are going to look backwards, but we are also looking forward a little bit on some of these things. We completed -- Bill led the effort with the UDC work group to amend the UDC for home occupations and, then, the food and beverage and the distinction between breweries and microbreweries and drinking establishments and what constituted those. You all probably remember those discussions. We are still working on maybe some tweaks to our open space and amenity packages and residential zoning as well. Again, the staff report reformatting Bill is going to speak to in just a few minutes. Getting ready for the rollout for online submittal and electronic plan review. So, that's been a big lift, kind of -- planning -- you know, as building services move forward with hiring all these new folks, that's kind of our role in the law. This is moving to electronics submittal of an online plan review and those types of things. So, that's really what we have been most heavily involved with in this transition of our department is being ready with them to implement those. Trying to keep the website up to date. Mentioned some of those just in the previous slide. And, then, the third and last bullet that, AUP template, kind of goes hand in hand with even the UDC text amendments that I mentioned in the first bullet and just making that more streamlined and at the same time we did the certificate of zoning compliance for just use changes, where there may be some things. And, again, try to minimize the -- not only the cost, but the time to get -- get new tenants and buildings and, then, this is something we are still a work in progress -- process, but similar to what -- what Bruce is going to speak to in a minute, but coming up with performance measures. How do we define success. What's the expectation for the customer. What's the expectation from staff on any given task. How long should it take. And so we will set some parameters and something like 90 percent of the time we want to hit these benchmarks. There is going to be some exceptions to the rule, but, generally, this is what we are going to tell you what we are going to try to do things and the amount of time. Te ll our customers this is how long it takes and, then, start reporting those things out. So, we are -- we are developing that I imagine in the next couple of months we will be sharing what we think those things are and what we think you will care about and our customers will care about and get some more feedback from you and we will continue to monitor that after -- after we set that up. So, just a little bit on the conference plan. I don't want to, you know, bore you all too much. I know you all know we are in the middle of this process now, but I do want to, again, take a minute here just to highlight the Comprehensive Plan. Brian McClure has taken the lead on Meridian City Council Meeting Agenda August 21, 2018 – Page 143 of 902 Meridian City Council Workshop August 14, 2018 Page 17 of 44 this. He is our project manager on this. He's kind of the brains behind the operation, but he also, you know, executes a lot of those things we are doing. You see him at these events. He's on the street doing -- doing the stuff, too. But he's helping organize and make sure we move forward with it. So, really appreciate the help there from Brian. So, just a little bit of an update if you have been -- haven't been paying attention the last month or so. We are into phase two now. Phase one was all about values. We had over 1,500 people participate in one way or another through the website -- again, we have been in a lot of events, but we asked people what they valued. We took that and, then, we -- we crafted that into five different themes -- sorry. Five different themes and there is four supporting statements underneath each theme and we are asking people right now -- so, survey number two is on the website -- to look at those statements and say, does that reflect -- adequately reflect the theme listed above. So, you see one here vibrant, a vibrant community. So, that's there right now. If you haven't been in the website, again, I would encourage you to -- to check it out. We are going to move into phase three and that becomes where we get a little more technical and that's where we are going to be setting up some subcommittees, working with our commissions a little bit more closely, ACHD, ITD, some of our other partners and really kind of digging in, using information from phase one and two, what we are hearing from the public, but really kind of doing a check with our partners, our agency partners if you will, and others, key -- key members of the community that have expressed interest in, you know, digging in to taking some of what we are hearing and turning those into policies of where we want to go. That's -- so, phase three we are going to be a little bit more quiet with the public involvement as we kind of craft some more technical and, then, we will go back out to the public in phase four and say how does this feel? Is it -- are we still on the same page with what -- again, not straying too far -- hopefully not at all -- from the values that we started with. Do these policy statements really reflect the values and the vision of where we want to take our community. So, that's kind of overall -- the overall way that the project will move forward. So, quickly, again, we have been at a lot of events the past few months and through September we will be and then, October, November will be a little bit more quiet and, then, around Christmastime -- well, the month of December, again, we will have some more things where we keep the public involved. We don't want them to, you know, I say we will go dark, but we are really still going to be active and the website will certainly be up to date that entire time as well. Here is just some of the things we have been at over the last few months. Again, would encourage you to check out the website and take the survey number two, which is up right now. I also encourage you to look at some of these other things at the bottom. The idea wall and the pin map. We are getting quite a few comments there. So, look at those, see what -- see what people are talking about, some of their thoughts and ideas that they have in the community. Yeah. They are kind of neat tools, although one of the maps is a little bit outdated with some of the street layers and we are growing so fast the aerials are out of date and there is some comments like I can't -- I don't see my subdivision on here. Sorry, we are -- we are trying to get that updated, though. So, then, transitioning a little bit -- and I know the Mayor hates All Things Transportation and I won't do that in this slide, but it's just one slide. De Weerd: I love All Things Transportation. What are you talking about. Meridian City Council Meeting Agenda August 21, 2018 – Page 144 of 902 Meridian City Council Workshop August 14, 2018 Page 18 of 44 Hood: Okay. Well, that -- now that the door is open -- no. This is just -- this is just a quick summary, though, of the past year and, basically, recently completed projects. I'm not going to read those to you. A quick update, though, on -- on Pine. I don't know if you have driven through that intersection. It was closed this weekend, but they got the intersection paved. They are going to be paving the rest of it in the coming weeks. Officially, the project isn't done until mid-September, so there may be some punch list items and things like that, but I -- I envision it will be substantially complete before that. But that's when the contractor really says they will have things done there. State Highway 69. I believe the clerk also forwarded you on a postcard mentioning that that work is also under construction. So, that was last Friday I think. Just recently. So, it was just -- this is a follow up to when ITD came. They are going to put that median south of Overland in and do some restriping of the lanes to be a little more efficient in getting onto I-84 across the Overland Road intersection and, then, they have two signals they are putting in at Hubbard -- one at Hubbard and one at Lake Hazel. So, that work is August to October. So, that work is going on now as well. VRT . You can kind of see what's going on there. At least it's listed there. Harvest Transit will -- we are -- it seems like it's a successful program and, again, looking at that third van this next year through the -- the draft budget. And, then, just really really talking about fixed route in Meridian, what that looks like to take -- maybe take the next step with public transportation in Meridian. COMPASS. Those first -- all the alphabet soup there. Those are the workgroups that staff participates in. Some of them are quarterly meetings, some of them are a little more frequently, every other month or monthly and, then, we have -- we have some pathway grants that the Parks Department manages through COMPASS as well. On the ITD front, 2026 is the priority right now, continuing to coordinate with them on utilities, you know, lighting, access points, landscaping, sidewalks, those as they begin design of that corridor. I will also just provide you a quick update. As of May 17th Costco did execute their STAR agreement with the state. So, that's a go. That -- that agreement is -- is finalized now for at least that -- their segment from Linder back to Star -- State Highway 16. So, that's done. And, then, I just listed a few of the projects with ACHD. Some of the key projects and we will get into this at the end of the agenda a little bit. But that's where some of the larger projects are in the next couple of years in Meridian. So, that wasn't too bad for All Things Transportation. And, then, CDBG. This is the -- the projects that are currently underway. Some of them, in fact, have already wrapped up. Design of the downtown sidewalk construction projects near Cole Valley or -- is complete. The design is complete. We will move into construction for PY-2018. That action plan has been submitted to HUD. And, then, down payment assistance program, Neighbor Works, they are both working on getting those projects closed out for this year. And, again, you heard from Christopher before his departure on -- on Program Year 2018. So, I went through that pretty quickly. With that I think I'm going to hand it over, then, to Bruce, unless you have any -- any questions in this presentation that -- so, thank you. De Weerd: Thank you, Caleb. Thank you for joining us, Bruce. Meridian City Council Meeting Agenda August 21, 2018 – Page 145 of 902 Meridian City Council Workshop August 14, 2018 Page 19 of 44 Freckleton: Well, thank you. It's a pleasure being in front of you today. It's been a long time. I don't often get the opportunity to come and present and I'm a little rusty, so -- first thing I wanted to just throw out there is just -- Cameron and Caleb both mentioned the workload, the volume we have got going on and, then, add on top of that our -- our Community Development transition that we are doing with Building Services and I just wanted to give a big shout out to our staff, you know, the staff of Planning and Building and Land. Brenda even. Everybody has just picked up an extra -- an extra burden and helped carry it. The project has taken a lot of -- a lot of hours from Cameron and Brent and Sam and myself and Mindy and others and -- and our staff is just -- everybody has just stepped up and picked up the load and carried it and done it with a smile on their face. We are super excited about where we are going. De Weerd: Don't touch that. Freckleton: My static electricity or something. So, on -- on our report. Building permit activity. We pulled these from the monthly dashboards that you guys receive. You should have gotten your -- your -- your August issue yesterday. These are just some projects that are -- I wouldn't say random. There were some that I hand selected off of those dashboards over the last 12 months. More notable projects. The residential activity over the past year -- you can see we have increased quite a bit on our single family homes. The values have increased and I think you have probably seen the reports coming out of -- out of the news about the median home prices in Ada County. So, that's not too big of a surprise on those values. The multi-family. I think we have all seen it and felt it, but pretty significant increase in the volume there of that multi-family activity. Excuse me. That the value -- you know, it went up as well as you would expect. The new commercial. You know, there wasn't as significant of increase, but there was an increase all the same in the number of permits. However, the value is a little bit lower. Square footage is up. The TI's, that's an interesting segment that, you know, we -- we pretty much doubled our volume of tenant improvement projects. You know, the value is up. The square footage is up. Don't really have an explanation of why, other than we built quite a few shell buildings -- multi-tenant shell buildings and they are filling up now. There is also a lot of turnover in -- in tenant spaces. So, don't really know the reason why, but that is one segment that we have seen a pretty good increase in. You know, Brian -- or Caleb mentioned Brian and his willingness always to jump in and help where ever he can. You know, it was -- it was kind of funny on this particular slide, I had asked Brian for some information, Caleb had asked Brian for the same information and he so graciously was able to just pull it up and produce it for us. But this is the citywide assessed values year over year. I think it's pretty interesting that you see that total and change value over a billion dollars. So, that's a pretty significant number. So, that comes to the end of the Development Services. Cameron. Ariel: Madam Mayor, Members of Council, thank you for -- again for this opportunity and we will have Brenda come back up before you guys sometime soon. Sorry. I touched the mic. But I wanted to take this opportunity now to open it up to you all, if you have any questions or feedback that might be helpful to us in our -- in our efforts in serving the community better. So, again, thank you for this opportunity. Meridian City Council Meeting Agenda August 21, 2018 – Page 146 of 902 Meridian City Council Workshop August 14, 2018 Page 20 of 44 De Weerd: Thank you, Cameron. And thank you to your team. You have been busy and it's -- it's been appreciated, the work that you're doing and -- and I continue -- I always see a smile on the employees' faces and -- and a good attitude in spite of everything that's coming your way. So, thank you for that. Ariel: Appreciate it. De Weerd: Council, any questions? Milam: Madam Mayor? De Weerd: Mrs. Little Roberts. Little Roberts: If I may ask what, if any, changes are happening -- and, Caleb, this might be your question -- I will direct here, but any updates regarding the position that Chris left? I know we were discussing a different look for it potentially. Hood: Let me touch this one and see if that -- okay. We are good. Let me start by apologizing, because I had that in my notes and I did not bring that up. So -- yes. So, just yesterday we got the information to HR to begin noticing for the full-time position. That wouldn't become effective until October 1, but we are six or seven weeks out now from the new fiscal year. So, we are going to move forward with backfilling that position. We are also simultaneously -- and this actually started off while Christopher was still here -- talking with Boise about doing a short-term contract with them to get us through October to help us crunch through, again, this time where we are short and they would be doing a couple -- there is just like three or four tasks, basically, in there. One of the major ones is for them to help us prepare for the onsite monitoring that HUD is going to do and in September. So, it's, basically, going through our files, making sure everything's there that should be there. If there are duplicates, you know, cleaning it out, basically, but preparing the files for when HUD flies in and looks at our -- our files and things. So, I apologize, I had that in my notes handwritten and I -- I did not mention that during my -- so, I appreciate the question. Little Roberts: Great. Thank you. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Cavener: While Caleb is up, Caleb, can you talk to us a little bit more about this second survey? Maybe you had communicated that to us and it went over my head, but I wasn't aware of a second survey and just what we are hoping to accomplish from the second one and maybe what our communication approach is with our citizens, whether they participated in the survey the first time around or this is reaching out to new people. Help me kind of understand that piece. Meridian City Council Meeting Agenda August 21, 2018 – Page 147 of 902 Meridian City Council Workshop August 14, 2018 Page 21 of 44 Hood: Sure. Madam Mayor, Councilman Cavener. Yeah. It's both. I mean you didn't have to take survey number one to take survey number two. In fact, we have -- we have made it a little bit more easy now, if you have it -- so, survey number one you had to register and we didn't ask you a whole bunch of questions, where you were born, and your Social Security, but we did -- but we did have you register your e-mail address. Now you can take the survey and we just -- we asked you what part of town you are in, so we can kind of know that we are getting representation that's, you know -- and if you don't live in Meridian that's one of the options, too. And not in the area. But we want to know who is -- who we are hearing from at least. But you don't have to register on the site. So, again, survey two is based on what we heard from survey one, but it's not exclusively to -- you didn't have to participate in one to hit two. We are trying to get the word out to -- to everybody. We have had some community partners. For example, Wahooz, Roaring Springs was willing to -- to send that out to their e-mail distribution list and limited to the 83646 and 83642 zip codes. It's awesome. So, again, it's kind of a check in. We heard what we think we heard what you value. We took that and we made that into these statements. Vote for the statements that you most -- so, I have been telling people when I'm out on the street or at parks, usually, at these events, I tell them, you know, what do you most care about? What statements most resonate with you or would you like to see City Hall work on for the future. What -- what's most important for you for the future community of Meridian. So, pick five or six of these and you vote for the ones that you most care about. So, that's what we are hoping to get back is to really, then, filter through those 20 statements and say, boy, these ones really rose to the top. This is what people care -- not that the other ones don't matter, but these are the highest -- of the highest priority. Cavener: Great. Thank you. Great work really. De Weerd: Okay. Any further questions? Thank you again and appreciate the information. Hood: Thank you. Thank you all. B. Community Development: Monthly Building Services Update De Weerd: Okay. 8-B is also under Community Development and I believe, Bruce, you're up? I guess that's one way. To do it before Bruce gets up there. Freckleton: There we go. All right. Well, Madam Mayor, Members of the Council, again, it's -- it's great to be before you. I wanted to present our monthly update on our project. The budget amendment recap is something that we are going to continue to keep in this -- in this presentation just to keep it fresh. That's just giving you the numbers. I want to, again, acknowledge the inter-departmental team that has pulled together just phenomenally to -- to make this -- this project possible. You know, I mentioned the -- the Building -- Community Development team, but we have had Finance and Purchasing have paid -- played a huge role. IT a huge role. HR you will Meridian City Council Meeting Agenda August 21, 2018 – Page 148 of 902 Meridian City Council Workshop August 14, 2018 Page 22 of 44 see in a little bit. Just the work efforts that they have done for us and it's amazing. And, then, with our -- our facilities folks doing the tenant improvement projects that we have had on the first floor and second floor to make room for -- for the team. Again, here is the budget amendment. Just to recap where we started -- and I will go through with each of the sections and we will give a -- kind of a status update where we currently stand. As you remember, we -- when we launched into this we -- we suspected that we were going to -- we were going to go through a little bit of a struggle with the hiring process, unemployment rate being what it is and not a lot of talent available out there in the pool and every jurisdiction around us is fishing in the same waters. Everybody's got -- everybody has job -- job announcements out there for the same -- the same positions that we are trying to hire for, so our backup plan was to -- to do an RFQ selection process and see if there were private companies that can help us during the transition as we staff up to have them help kind of augment our services until we can get fully staffed and get there. So, we have -- we have done a lot of work effort in that area and I will give you a little more information on that here in just a bit. We have negotiated short-term professional services agreements with DBS and from last month you will recall that after we did the budget amendment we were issued a notice of termination on the mechanical services from DBS as well and so that is an effort that we are going to be launching into to, again, put out RFQs to see if there is other service providers out there that can -- that can help us during that transition. And, then, of course, we will be back in front of you to talk about what is the future of the mechanical program, because that was not included in our original proposal. Earlier -- well, I guess it was last week we had a conversation with DBS about -- the electrical arenas is -- is the area that we have really struggled with. There is -- there is just not a lot of applications coming in for the positions we have available and so we talked with DBS about the availability of them providing services beyond the September 30th termination and they have come back to us and said that they are willing. They have got a couple of guys that they can provide for us and so we are in the -- in those negotiation process now. They are -- they are putting together a proposal that they are going to get over to us. Hopefully next week we will be able to take a look at and see what that -- see what the impact of that is. Current expenditures to date for the building section. Now, this is just the building section within Community Development, is at 6,737 dollars. Most of that is just buying some of the office type things for our inspection staff that I will tell you about here in just a minute. Like right now. So, the new FTEs that we have on board for -- for building, we do have our building inspection supervisor Michael LeBeau. He comes to us with -- with a lot of experience. He is a certified building official. Came out of Prineville, Oregon. He also recently has been working over in Pocatello and so he's a great addition. As Cameron said, he's -- he's the right guy to lead the inspection team. Building the team around him and -- and it's just -- it's been phenomenal to see how quickly this team has really solidified. We also have extended an offer to an electrician and electrical inspection supervisor. He's accepted the offer and we are just waiting on the background process until we can make an announcement on him. We have hired three building inspectors. John Shane, Jeffrey Dart, and Riley Orozco. These guys are just -- you know, we have -- we have been very careful about our hiring process, just like we would any other position that we hire for. You know, we kind of feel that the Meridian team is an elite team and we want to hire the right people and these guys -- Meridian City Council Meeting Agenda August 21, 2018 – Page 149 of 902 Meridian City Council Workshop August 14, 2018 Page 23 of 44 these guys fit that -- fit that bill. We have got several more interviews scheduled and we are continuing on. Also wanted to throw out a big thanks to Laurelei McVe y and Tim Campbell in Public Works. Tim was our safety -- I'm not sure exactly what his title is, but he -- he heads up the safety programs for Public Works. We wanted to get ourselves plugged in with these guys early. Public Works has built a very strong program around safety for personnel, especially on the construction sites and that sort of thing. So, we didn't want to have to recreate the wheel and these guys have -- have done a fantastic job of putting together a strong program and they have been very gracious about sharing information with us and, you know, a lot of written documentation and just really got us to set off on the right foot. So, big thanks to them. So, for -- for the contracts and stakeholders. We have master agreements in place with four different organizations and, again, you know, these -- these guys are going to augment our services with personnel as we are staffing up to be able to provide the services. You know, our goal is to -- to have as little of an impact on our customers as possible and we feel that this is going to be a great -- a great way to handle that. Brent Bjornsen is in the process of working with Keith and those -- those master agreement contractors to get task orders in place. Task orders are the -- that's where you really get down to the specifics, the nuts and bolts, the compensation, the expectations and so that's the process we are in right now. State Division of Building Safety has -- as part of the negotiated short-term agreements that we have with them, they are performing 50 building inspections per day and they are scaling back on plan reviews. So, timing of getting our PSAs or our -- these master agreements in place with these other contractors is -- is working out very well. We are able to just slip it right in. Stakeholders, you know, as Cameron mentioned, we have been meeting with DBS and some builders on a pretty regular basis and we have had just excellent support from them. Brent is at BCA right now doing another presentation, just keeping them up to date. Cameron and our staff has worked with Kaycee Emery. We have put together a letter to our stakeholders just kind of explaining our situation and making sure that everybody's on the same page. Part of the purpose of that letter, too, is to -- to let them know some of the -- the challenges that we have. You know, these guys have a -- have an interest in -- in our hiring process, you know, and keeping things -- keeping things moving along and they have been just fantastic to work with. They have -- they have offered to also write a companion letter that will go along with Cameron's letter that is just to help support our effort and -- and get it out there. Once we have that in hand we are also going to reach out to The Snake River Valley Chapter of the BCA, which is -- takes you over to the -- to the Oregon border. South -- southwest Idaho. And so I want to get in touch with them, too, and make sure that we cover the entire southeastern -- or southwestern part of the state, make sure that everybody that currently does business in Meridian is aware of our situation. As I mentioned, the Finance Department -- Keith Watts has been -- has been awesome to work with. We have four vehicles that we have purchased and outfitted. We have them branded with City of Meridian logo. We have got the cradle points installed. They are currently on the road doing inspections. It's -- it's been fantastic. Unfortunately, the timing of the 2018 models, they can't find any more in the state and so, typically, on the state contract is what we try and buy vehicles on and -- and, unfortunately, the state of Idaho has not issued the 2019 bid list yet, so we are in a little bit of a quandary there, but Keith is -- is continuing his efforts to look for Meridian City Council Meeting Agenda August 21, 2018 – Page 150 of 902 Meridian City Council Workshop August 14, 2018 Page 24 of 44 -- for additional vehicles for us. IT. Hardware. We have purchased all the hardware and received it. The only thing I think we are waiting on is just once we get on the second floor with our plan review team, we just need to get a printer -- an all-in-one printer purchased and sitting on the shelf. Hardware expenditure today 42,900 dollars. Software. You know, it's a companion with the new Project Doc software was our Accella inspector app, which, as you might recall, we have had Accella for several years now, but the Accella program has a -- has an application that is specifically designed around the inspector and it operates on the IOS platform. So, we were able to purchase iPads for all of our inspectors. It's kind of nice. It's -- it's a less expensive option than -- than outfitting them with ruggedized laptop computers. Software is -- it's pretty phenomenal. It -- it has GIS mapping capability and, then, puts a pinpoint on the map where every one of your inspections are and routes you to them in the most efficient route and the status their inspections. They can take photographs on the site and it attaches it to the record. So, it's pretty neat stuff. So, software expenditures to date, 183,158.77. Continuing on the software. The Project Doc software, it's installed. Training was held on the 24th through the 26th of July. It went very well. City staff has just really jumped on board and embraced it and we have got -- we have got team members in each functional group that are -- are operating as the -- like the subject matter expert. They are -- we have trained the trainers and now they are going to train other staff and it's -- it's been pretty -- pretty awesome to watch how quickly they have embraced it and -- and are willing to share that -- that knowledge. So, Accella integration into project docs is 50 percent complete at this point. User acceptance training is currently underway and that should be wrapped up here pretty soon. On HR, we have reviewed -- screened 368 applications. Days to fill positions, it's 76.75 days. We have four employees that have been hired and are currently on the job. We have extended offers and they have been accepted, but they are not yet on the job for two additional employees. We have conducted 58 interviews and each -- each interview panel will have four people, roughly. We have expended 224 hours -- panel hours, you know, and I -- it's been -- it's been a pretty amazing process to go through, because we are not just settling, you know, we are being very careful and considerate of the people - - not just -- not just their qualifications and their abilities, but also their personalities and their fit with the team and I think we have hit a home run on everybody that we have hired and it's -- it's pretty dang exciting. Recruitment expenditures. To date 16,030 dollars. Most of that's just with advertisements. We have conducted several interviews via Skype. The furthest geographical distance away that we have done is Jacksonville, Florida. So, we cast a big net with this effort, so -- tenant improvement summary. Max Jensen and his team have just done a fantastic job. The AV production room for Kaycee is one hundred percent complete and I don't know if you have had a chance to see that yet. It's just right over here. The inspection room, which is -- is on the other side of the mail room off of receiving over there, substantially complete on the 1st of August. The guys are currently in there. There is still some final touches that need to be done. They need to put the glass in the windows and hang the door and a few minor things, but for all intents and purposes they are -- they are occupying the space and loving it so far. There was some of the furniture that was delivered that was damaged during either shipping or unloading and so Max and his guys are working with correctional industries to -- to rectify that situation. The plan review room. So, this is Meridian City Council Meeting Agenda August 21, 2018 – Page 151 of 902 Meridian City Council Workshop August 14, 2018 Page 25 of 44 the second floor. This is where all of our plans examiners are going to be. Scheduled to be substantially complete by September 30 and final by October 31. Carpets down. Paint's on the walls. The room is -- it looks fantastic. Again, got to get glass in the windows and doors hung and some of those types of things and they still got some lighting to hang, but it's coming along really, really well. Yeah. Expenditures 17,157. This is the tenant improvement on the first floor. Inspection space. You know, we went with the VCT tile on the floor. We got guys that are coming in off of construction sites, potentially got mud on their feet, and it's much -- much easier alternative to keeping things clean if you have got a vinyl floor versus a carpeted floor, so -- the second floor tenant improvement, you see on the photo on the left is -- is back in the corner we have it framed up. There is a conference room back in that corner. It's equipped for ten individuals around the conference room table. We will have a TV monitor on the wall that will be able to project plan reviews and different training things to staff and our customers. We do have -- some of the desks have been delivered. Cubicle walls are going to be delayed a little bit. We knew that going into it, but, you know, the pendant lighting -- or not pendant lighting, but the -- the LED lighting that will be hung in there is -- is coming within the next few weeks. Good chance we will be occupying the space before we have cubicle walls and that's -- that's just the way it is. So, we are -- we are really excited about our progress so far and -- and look forward to completion of the project and fill in the rest of our positions and making the premier organization for the City of Meridian. Stand for any questions. Ariel: Madam Mayor, just real quickly. Bruce, thank you. Just wanted to mention another quick item. We do -- we wanted to also highlight a couple of employees. Of course I mentioned the hiring of Renee Hibbard in our permit tech line. So, we are excited to have her and her advancement. Then also wanted to just point something out that we have a strategic initiative in as far as the department goes, which is growing our -- our team. That's in their own personal and career development, but also what that means to the department. I did want to highlight Mindy Smith, who, as you know, has been a permit tech for many years. She's now the lead permit tech and is also doing -- in training for plan review with Sam. So, these are the kinds of things we are trying to instill in the team. It makes us broader. It makes us stronger. It makes us more capable of delivering service -- quality service at a quicker pace. So, I just wanted to mention that to you as well. De Weerd: That's great. Thank you, Cameron. And thank you, Bruce. You guys have been busy. Any questions from Council? Very thorough update. Freckleton: Thank you. C. Finance Quarterly Update De Weerd: Thank you. Okay. Item 8-A -- or 8-C is our Finance Department. Welcome, Todd. Meridian City Council Meeting Agenda August 21, 2018 – Page 152 of 902 Meridian City Council Workshop August 14, 2018 Page 26 of 44 Lavoie: Good afternoon. Thank you, Mayor. Pleasure to see you guys again. Appreciate the opportunity to provide you with our quarterly update. This quarterly update pertains to our year-to-date results. So, where are we as of today? So, the data that we are going to provide you today represents ten of the 12 months for the fiscal year. We are still collecting data on the last two months remaining. So, we are going to go over the General Fund year-to-date results and, then, we will provide you the Enterprise Fund year-to-date results. So, we will start with the General Fund. The General Fund's current revenue position is a little over a hundred percent. That's a great thing to be in. Again, we have two months remaining, so we are guaranteed that we will meet our budgetary projections of our revenue numbers of 52.1 million. We don't expect the numbers to be too much higher than a hundred percent, maybe right around 103, 104 percent of where we are standing. It all depends on the impact fees and the development fees that we are continuing to generate over the next two months, but this is a great position to be in. Again, we will meet our revenue projections that we had promoted 12 months ago. The next slide I'm going to show you will kind of display this hundred percent in our various revenue streams that we track for the General Fund. These are our major General Fund revenue sources. Again, if you added up all these bar charts it equals 100.2 percent. Property taxes, a little over one hundred percent. It was off by 1.14 on the positive side. Our goal is to be on a two to three percent variance on either side of the budget. We are on the positive side for this one. We should not be collecting any more revenue for this particular line of a large value. We will get a few more payments come in, but we will end up the year around one hundred - - 101.6 percent. I'm going to go over the items from left to right. So, if we look at licenses and permits, again, this data here still has two months remaining in the fiscal year. Licenses and permits, we are low, we are at 24 percent, where we thought we would be, and that's primarily due to the collection of impact fees and the building permit fees that we are approving here with the development of the city. Again, we do have two more months to go. So, again, this number will be higher, all depending on the growth and the impact of the building permits that we approve. Next one is intergovernmental -- intergovernmental revenue. This one is currently sitting a little bit lower than we expect, but we are okay with that. This is primarily due to the state revenue sharing program. It's a timing issue. We have not received all of our payments. We believe will be closer to one hundred percent as soon as the liquor revenue and the state revenue sharing arrive into our coffers. Again, we are okay with that where we are standing. This is a timing issue. Franchise fees. We have no concern there. We are right about a hundred percent and we will just generate a few more dollars between now and then. So, that should be pretty close to a hundred percent. Charges for service. Again, we are 51 percent higher than we expected. The difference in the bar graphs -- if you look at them currently at 600,000 dollars. Of the 600,000 dollars we can associate 200,000 dollars to be higher than we expected due to the HomeCourt. When we built our budget last year we did not put in a budget for revenue dollars at HomeCourt due to the variables that we were still managing at that time. So, we weren't a hundred percent confident with the revenue generation, but this year we -- you know, moving forward we have the revenue where we need it to be. But that's 200,000 of that. Another 200,000 is associated to the Planning Department. Again, as you develop -- or as you approve the developments they generate more Meridian City Council Meeting Agenda August 21, 2018 – Page 153 of 902 Meridian City Council Workshop August 14, 2018 Page 27 of 44 revenue sources, so, therefore, it came in a little bit higher than what we expected, but, again, starts for services 51 percent currently. It will probably end up about 800,000 higher than what we expected, primarily due to the development and the HomeCourt. Impact fees. Again, not going to get into this one too much. That's one hundred percent related to all the approvals of development. As we continue to see that grow that number will grow higher. We will continue to -- continue to adjust our estimates and projections. The annual growth committee will be meeting in August or September. We will take the data that we have collected and adjust our projections for the upcoming fiscal years accordingly. And the last item is other revenue. That's 106 percent higher. You know, percentage wise it's a lot, but what that's primarily due to is our investment income. We conservatively had a projection for investments and the market is doing far better than we expected and so that's what this dollar represents or the percentage change. It's about 600,000 dollars difference. So, our investments are doing much better than what we projected. So, as the city continues to see the development, again, as Cameron's team has just explained to you and as we continue to see more applications presented to us, we will adjust our -- adjust our projections, so that we can get these as close as possible to a hundred percent for you guys. The slide also shows the revenue distribution. As you see property tax is very important to us. All the other ones are variable or growth related. The property tax is a little bit more fixed. So, we want to always make sure we manage our revenue sources to the best of our ability. So, that is the revenue fund general or, sorry about that, the General Fund revenues. Now, I'm going to talk about the expenditures. We will quickly -- quickly go over these for you. Revenue bar graph is still there. The personnel sitting at 74.2 percent. As I mentioned earlier, this represents ten of 12 months. So, the percentage should be closer to 83 percent. You can use that number for the remaining of the graphs. Eighty- three percent is kind of our goal. There are seasonality issues that you will hear me talking about. On average General Fund ends up at 97 percent for the fiscal year. I don't think we are going to -- based on our vacancies at the moment I do not believe we will make the 97 percent due to vacancies and timings, but, again, we will be probably closer to 93 percent due to the vacancy issues and, again, we did approve 21 staff members late in the fiscal year. It's tough to get those filled. So, again, I have the budget, but I don't have the expenditure. So, that kind of skews my number a little bit, but I think next year we should be able to get closer back to our normal average of 97, 98 percent. Operating expense right now is sitting at 67 percent. Again, we are -- if you are looking at a straight line number, looking for 83 percent. If you looked at the Parks Department they are really low at the moment, but that's expected. They have a seasonality of parks maintenance in the summertime and warming time of the year. We expect them to be a hundred percent at the end of the -- at the end of the fiscal year. So, we don't have any concerns there, but that number kind of draws down our number here and, then, we also have about 330,000 dollars in the grants that are on the books that have not been spent yet. Those dollars will be carried into fiscal 2019 where we will spend it. But, again, that does draw down my year-to-date number comparison, but -- so, I have really no concerns at the moment about our financial status on the operating side and we also have 75,000 dollars in professional services that we currently have a contract in place for priority based budgeting we have talked about. We will be giving you guys an update here sooner than later about how we are doing on Meridian City Council Meeting Agenda August 21, 2018 – Page 154 of 902 Meridian City Council Workshop August 14, 2018 Page 28 of 44 that, but we should be expending more of that for the remaining two months and, then, also in the first four months of next year. And, then, last but not least, is capital. Again, 24 percent doesn't look great, but, please, note that this is primarily due to spending and timing. We did approve Fire Station Number 6 and we did approve South Meridian Park. Those are all timing issues. All those dollars will be carried into fiscal '19. So, if you add up the two fiscal years you will see a hundred percent spent. So, this is more of a timing issue. We have no concerns. All the dollars will be carried into '19 and we will have a new station next year and a beautiful park next year. So, those are the capital dollars. So, as you can see -- oops. Sorry about that. As you can see, the revenue number is strong. The budgets for the operating expenses are higher than the actuals, so that's also a win-win. So, right now you can be confident that the City of Meridian finances are in a good position going into fiscal '19. Again, we will continue to adjust our forecasts accordingly and adjust our calculations for every single projection that we provide you. So, with that I will jump into the Enterprise Fund and we will duplicate the approach with them, just like we did with the General Fund. The Enterprise Fund is currently sitting at 93 percent of where we expect -- or where we are at today. Our goal is kind of 83 percent. That number. This is higher than what we expect due to the increased growth in assessment revenues, just like the General Fund is higher than 83 percent because of their permit revenues. So, again, we are in great positions on -- from a revenue standpoint. Again, we will continue to adjust our calculations accordingly, like we did with the General Fund, we will look at the details of our major revenue sources for the Enterprise Fund. Again, if you added up all these bar charts it would equal the 93 percent that we had on our previous slide. So, if we start left to right, water sales 66 percent. Only two months remaining. Again, this is a seasonality issue. We are okay with this. Again, we generate a bulk of our revenue for the water department when people water their lawns. That is okay for us where we are at. We will get close to the hundred percent. I don't think we will grow and make a hundred percent, but I think we will probably be right around 90 percent, which is comfortable for us. But, again, that's why you see that. Sewer sales, just a little bit shy of 83 percent. So we are comfortable with where we are at there. With a little bit of seasonality and water usage that number should be right out -- right at a hundred percent. And the fiscal year -- next two assessments. You have heard it from me. Growth, growth and more growth. This is all based on the permits and the developments that we approve. So, we are very strong there. Again, we will continue to -- to adjust our projections. EPA is right where we want it to be. And, then, other revenue. Again, we are okay where that's at as well. Engineering had the opportunity to generate a few more review fee dollars due to the increased growth. So, that made up about 300,000 dollars above what we expected. So, those are the revenue sources for the Enterprise Fund in detail. Just like the General Fund I will go into the expenses. The personnel is currently sitting at 72.5 percent. Again, we are shooting for 83. Most likely we will end up right around 91 percent, due to vacancies. As we continue to move forward will continue to work on getting that closer to 95 percent in the years future, but, again, we are comfortable with where we are at with 91 percent. Operating is sitting at 63.8 percent for the year, with the ten months completed. That gap is about 2.8 million dollars. I can let you know that one million is due to consulting projects that we are going to carry into next fiscal year. So, that skews the number. But we will continue to Meridian City Council Meeting Agenda August 21, 2018 – Page 155 of 902 Meridian City Council Workshop August 14, 2018 Page 29 of 44 carry those dollars in the next fiscal year. We have about 900,000 dollars over at the treatment plant that we have accounted for and that's due to savings in chemical costs and savings in -- in sewer line repair maintenance. Again, we had some benefits there with the program, so we got to save some dollars on those two items. And, then, the remaining expenses should be trued up with the seasonality of the treatment of the water during the last two months. And last, but not least, again, is capital, sitting at 58.3 percent for the first ten months. Like the General Fund, any unfinished projects in the capital side will be carried into fiscal '19. You're most aware of the large project that we have going on over there with the treatment capacity upgrade. They will be expanding those dollars next fiscal year. So, again, just like the fire station and the Discovery Park down south, add up the multiple years you will see every dollar spent. Just right now this is where we are spending or at -- the Enterprise Fund has a -- kind of a seasonality in spending. They are in their high spending mode. So, you will see this number increased for the remainder of the two year -- or two months, but feel -- feel good that the dollars will be carried into fiscal '19 and the project will be completed according in fiscal '19 next year. So, just like the General Fund, I believe the data here shows that we are in a great position. The Enterprise Fund will be meeting the revenue numbers. The expenses are being -- our expenditures are right where we want them to be for the fiscal year. And, then, at the end of the day we should be able to present to you a sound audit report in the month of February. So, with that, I will stand for any questions on your year-to-date quarterly update from the Finance Department. De Weerd: Thank you, Todd. Council, any questions? Lavoie: Thank you. D. Community Development: Staff Report Format Update De Weerd: Thank you. Okay. Item 8-D is under Community Development and I believe that's Caleb? Bill? Parsons: Good afternoon, Madam Mayor, Members of the Council. Here to give you -- talk to you about the latest and greatest revised staff report. As you recall staff was before you on July 10th to get some input on the previous version of the draft staff report. Since then staff has met at the directors meeting and received additional comments from other city departments and we want to share that input with you. So, we are -- this revised staff report that I'm presenting -- or draft staff report that I'm presenting to you today will highlight some of the items that we heard from Council and highlight also some of the additional items that we receive from our Public Works Department, Fire Department, Police Department and we will go into those changes and in the staff report that's before us today I have highlighted those sections that have changed from the previous version. So, we can talk in -- in length or in detail and certainly open to any other suggestions you may have. Included in your packet that I sent out last week I did have some matrix that the Police Department put together for you. Scott Colaianni is here to discuss anything you have in regards to that as part of their matrix that we hope -- again, the goal is to have those incorporated into the staff report, so that you all get a comprehensive overview of what the impact of that Meridian City Council Meeting Agenda August 21, 2018 – Page 156 of 902 Meridian City Council Workshop August 14, 2018 Page 30 of 44 development will have within the City of Meridian. So, if you can see here on -- on -- on the computer screen here, I have some of the noted changes. So, again, the Police Department did provide some substantial changes. More importantly, the response times, the calls of service, percentage of calls for service split by priority. And, again, Scott can go into more detail. The number of calls for crimes and, then, the number of crashes in the area. I would also mention to you -- and it wasn't reflected -- or also wanted to share with you that Dale from Public Works Department also sent over some changes to the matrix portion in regards to how products will adhere to the wastewater master plan and our waste -- or, excuse me, our water master plan as well. So, again, these are additional matrix that they felt were important enough to get in -- in front of you early on in the staff report, so -- and, then, if you would notice if there is additional -- additional specifics to that particular item and staff will highlight that page number and you can go directly to that page number in the staff report and read any of the highlights or concerns regarding that particular item. So, again, this community matrix table is meant to give you kind of a quick blush, hey, here is some concerns or some good things about the project and here is where to find the pertinent information to dive in more to understand that issue or that analysis on that particular item. One of the particular items that we have heard from City Council is they wanted to see what developments were in the general area. So, we did -- I think this was in the previous version, but we wanted to highlight it for you, that we have this planned development map. So, basically, you wanted to see what other subdivisions or developments were improved in relationship to the application that was before you, so that you could get a greater context as to what was occurring in the area and that kind of coincides with what the Police Department wants to incorporate with their -- with their matrix and their comments and so we have included that graphic. One other item that I -- another item that I recall hearing -- and I had it on the previous version, but you wanted to know when the project was posted on Next Door. The clerk currently has that on their checklist that they put on the website and we are inserting that in our staff reports currently, so that's new information that we have changed -- a process that we changed already and, then, we also heard from the Council that they wanted to have information on the neighborhood meeting, the date, time and place when it occurred and a list of attendees or at least the number of people that attended the meeting, so that way -- the neighborhood meeting, so you can get a flavor -- a flavor for how contentious an application may be. Certainly you get the packet before then, but it's certainly nice to reference that, not only for you, but also our Planning and Zoning Commission as they take actions on these particular applications. One of the major changes that I made from the previous version until now is I have actually taken three of the staff sections in the -- in our current staff report format and condensed that into what I now call the Project Analysis Section. So, basically, one, it will -- it will reduce redundancy in the staff report, but it will also allow our decision makers to have all the information on how the project meets the Comprehensive Plan, the UDC, and that analysis that supports those two documents right there under one section, so you don't have to go -- currently the way we have it structured, we had the comp plan -- a comp plan section, a UDC section, and, then, an analysis section. So, oftentimes we are having duplicate efforts of explaining a situation or issue with a project or the merit -- the good merits of a project and that doesn't always -- so, we are doing redundancy and we are stating Meridian City Council Meeting Agenda August 21, 2018 – Page 157 of 902 Meridian City Council Workshop August 14, 2018 Page 31 of 44 things multiple times and we should just have it in one area for a clear, concise staff report for you. So, moving forward I don't know exactly how that will be structured, but certainly, again, having that information in one spot so that you can see the impacts, whether or not a project complies with the UDC standards, comp plan policies that support that project, and any other pertinent information that comes from our other city departments in one section for you to analyze a project makes a lot of sense to staff. And, then, under the staff summary -- I think this was kind of a two-part comment that I heard. One from Councilman Palmer, he wanted something in the staff report that said did it meet the minimums of the code at -- or does it adhere to the Comprehensive Plan and meet the minimums of the code. On the other side we heard from Councilwoman Milam that they said, well, we want to know if we strongly recommend approval, is it approval, do we recommend denial. And so to me this is the section where, one, we can at least share that with you and the Planning and Zoning Commission where we can say, yes, the project meets the minimum requirements. Maybe that's not a premier project, but, on the other hand, we can say it exceeds the minimums and, then, you know as a body that the applicant has gone above and beyond what the minimum code requires, so you can take that into account whether or not they went far enough to decide whether or not it's a premier project. So, rather than coming forward with staff strongly recommends this project, we basically say that in the staff summary that, yes, it meets the minimums or it exceeds the minimums or it doesn't meet the minimums at all and at least have those conditions in place or share that information with you in our recommendation. So, I guess the question for you tonight -- or at least from -- from staff's perspective is next steps. Now, I do want to share with the Council that implementing this will take additional staff resources. Currently right now what will happen is all the other departments will have to get us their comments. Planning will have to cut and paste their comments into the staff report, so there is a level of effort there that we are going to have to undertake in the interim, but I can commit to you and tell you that Caleb and I are working with our IT Department to have this process automated and linked with our Accella's process. So, any conditions of approval, any comments that we receive from our partners, even our outside agencies and our internal departments, would get rolled into an automated staff report and import it from the information that we place in Accella. So, that work is currently underway. We have a ticket in with IT to commence with that. So, again, in the interim there isn't -- there is some extra work. We still have to kind of fine tune that process, how we get all of those comments to you in one concise staff report, but looking towards the future -- hopefully by later this year we will have it all dialed in and get you the right information in your hands, so that both you and the Planning and Zoning Commission can make an informed decision. So, I will go ahead and turn this -- I will stand for questions, but I also want to invite Scott up to see if you had any questions regarding the information he provided you as part of his matrix. De Weerd: Lieutenant. Colaianni: Madam Mayor, Council Members, thanks for the time. I just wanted to take a few minutes. This is a new process, obviously, for all of us and we are kind of working our way through it and I know that -- although I wasn't here -- and talking with Bill and Meridian City Council Meeting Agenda August 21, 2018 – Page 158 of 902 Meridian City Council Workshop August 14, 2018 Page 32 of 44 he's been very helpful -- that there was some input that the Council had that they would like to see from the Police Department. I have mocked up or had CIU mock up a few samples for you to look at. I don't know if -- are they -- do you guys have them embedded in this PowerPoint? Parsons: Yeah. Scott, I will pull them up for you. Colaianni: Okay. Thank you. I wanted to -- I wanted to walk through and -- just a couple of them -- or a few of them and tell you what you would be looking at from -- from the police side and these are actual development applications. I was initially going to make some stuff up, but it's just easier to do this. So, what we will do is -- is when a development application comes in and we are looking at it and it comes to my queue, I will look at the address -- and this particular one is on McMillan -- we have when the hearing data is set, so I know -- and what we do is we drop a pin for mapping purposes on that address and what I'm having CIU do is take a one mile circumference of that entire area around this proposed development, whether it be residential or multi-family or commercial and we are going to pull in all the data from that one mile circumference of that area and that's what you see here in -- in this and if you look at the top you can see the reporting district that it's in for us, the timeframe in which we pulled the statistical analysis -- in this case it was from July 1st of '17 until 6/30 of '18 and -- can I do this? Can you guys move it down? I don't want to -- yeah. There we go. So, the next area there -- you can look at what our response times are in the City of Meridian for priority threes, twos, and ones and we are running about four minutes and eight seconds, 7:50 and 13:22 and, then, what we do is we take a look at the map and we estimate what the response times are going to look like for this new development area. In this particular one, because of where it's located, it's kind of central in the city, you're not going to see a lot of variations in response times. They may drift a few seconds here and there, but that's as close as we can get. In this particular development you don't have an entranceway coming off of McMillan at the moment. They are not going to allow that. So, we have to come into the subdivision, circle around to get into it. So, currently in that geographical area that I'm talking about, we are taking currently right now over 1,600 calls for service in a year's time. Pretty good amount of calls for that area. Of those less than one percent are emergency calls. Most of them are priority twos and, then, priority ones -- 215 crime events in that area in that year's time and 25 crashes and I have tried -- I have played with this a little bit, so to give you kind of a definition and understanding what it is we are looking at in the analysis, so calls for service response times are consistent within the City of Meridian, we point that out for you. The majority of calls for service were priority two, so they are not emergency. They are not priority ones. And we give some high level of what it is -- traffic related stuff, suspicious vehicle, trespassing calls, crime -- the most frequent one are warrant arrests, juvenile beyond control, leaving the scene of accidents, drug -- drug issues, narcotics issues. Those are the higher level, more frequent calls that we get in this area and, then, crashes 56 percent were nonreportable, 36 percent were injury-related crashes and eight percent were just property damage and, then, again, we kind of give you a definition of what a priority one, two and three is. So, this is -- is high level. It -- it captures what's going on within that one mile area. There was some discussion about Meridian City Council Meeting Agenda August 21, 2018 – Page 159 of 902 Meridian City Council Workshop August 14, 2018 Page 33 of 44 providing maps. To Bill's point, this is new staff time that we have to dedicate. There is a lot of developments and so I want to be careful initially about getting into mapping, because that can take a lot more time. There is a lot more detail than that and nailing down locations and stuff. So, I wanted to get that feedback from you. But this is something we are -- we are proposing from the police end. I wouldn't want to do this for every project that comes through, because some of them are just a matter of pulling the CZC and -- and moving forward and -- but I would look at it for multi-family, residential, large commercial projects, large business projects where we feel like we want to get something to look at, rather than every little thing, because I mean there is tons of them right now. There could be a gas station and that's all there is and so if I can get your thoughts on that as well on -- on how much -- how much -- I mean we do everything or - - I'm just thinking we start out with the bigger stuff and let's see what that looks like, see what that staff time looks like, see how happy you are with it. So, you would get something like this on the developments. You would also get comments from the police department about levels of service, how far is it from the police station. Accessibility. We would talk about roadways and access in and out. Parking. Sidewalks. Pathways. We would try and hit on those things as needed. You know, resources is -- what kind of the resources look like in terms of equipment, staffing, locations. You know, parking is a big one. I would still attend all the pre-app meetings and meet with the Community Development. I wouldn't, you know, unplug from that because that's important. They have a lot of valuable input when we meet with the applicants. But by and large this is what we have come up with, just looking for feedback, what you feel comfortable with, what you would like to see, so I can kind of take that back and polish it a little bit and work with Bill if you have anything, questions, comments, thoughts. De Weerd: And it really is helpful to take a look at this list, because there is staff time behind it. If it's information that you wouldn't use, we need to know that. Colaianni: Yeah. Thank you, Mayor. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: That's -- that's the perfect question. This is an example, unlike others, where there is -- we can generate all sorts of matrix, but if it's not, you know, providing assistance either to the decision makers -- I wouldn't want to create any of this extra work. So, the question to you on this is -- is this analysis analysis that isn't necessary to be done within the department already in determining whether to make comments on a particular application? Colaianni: Yeah. That's a good question. Madam Mayor, Councilman, I -- once we set it up to template we can populate the data pretty quickly. So, we have set this up, we have structured it and we can pull in the data from the analysis. That can happen fairly quickly. It's just there is a lot of development applications out there. So, this -- if we move forward with it, I can clean up the bottom to make it look prettier and such like Meridian City Council Meeting Agenda August 21, 2018 – Page 160 of 902 Meridian City Council Workshop August 14, 2018 Page 34 of 44 that, but the analysis is pretty quick; right? So, I'm not too worried about that. If we get into the mapping and, then, you really want to get down into the detail of specific crimes and locations and, then, it can get really -- it can take a lot. In terms of the comments, I will still make comments from the police side; right? I'm not just going to give you this and not make comments, I'm going to say, hey, here is -- here is our take on this, you know, and I put another one in there on the Owyhee High School that -- that's coming up. If you want to pull that one up, Bill, and I will give you an example of this one. De Weerd: No, don't pull that up. Colaianni: Don't? De Weerd: No. Colaianni: Oh. Okay. Sorry. So, give you an example of something that maybe not in the city yet, but we can still make comments on it and pull it in. De Weerd: We just haven't heard that application yet. Colaianni: Okay. Sure. I understand. And so we will still make comments from the police side about what we feel and what we see. So, you will still have those and they will be incorporated into the overall summary. Borton: Madam Mayor? I mean that's what -- that's what matters most, at least in my perspective, is this is done -- all done on the back end somehow in some format and maybe it's not to create as much work internally for your department, but some version of this happens when you review a larger application to say we ought to make comment, because this isn't a location where our response time is going to be slower or there is not a view corridor or there is poor lighting and we -- we still get the narrative in the staff report that says, hey, here is -- because oftentimes there is no comment at all. Colaianni: Yeah . Borton: I just -- if this is an analysis that isn't done already at least internally to say we ought to take a look at these types of matrix to determine whether or not we ought to provide some specific comment, we haven't already been doing that -- is doing this helpful for the department to determine whether or not they ought to give us more info or is it just a bunch of data that -- because if we didn't do it before -- Colaianni: Sure. Borton: -- how does it help us make a better decision. Colaianni: Madam Mayor, Councilman Borton, yeah, sure. It does, it helps us if we have to take a little bit harder look at developments as they come in and what -- what it's going to take and, quite honestly, a development that comes in initially won't take any Meridian City Council Meeting Agenda August 21, 2018 – Page 161 of 902 Meridian City Council Workshop August 14, 2018 Page 35 of 44 police resources, because it's not built yet, right? And so we -- if something can be approved and it may be years before it really requires police resources, because it may be a multi-phase project, but it does -- it does give us a pause to look at it and weigh all that and, then, come back with some sort of response in a summary for you that would help all of us understand what the challenges are going to be for the police side, response times, location of the development -- yeah. Certainly. I hope that answers your question. Borton: It does. Madam Mayor, I'm just sensitive to the time necessary to create something like this, because this looks like it takes a lot of time and if -- if you were to say this is too much, you guys aren't going to benefit as much as you hope -- good intentions, this is a whole lot of data that you're really just going to look at and nobody's got the interest in saying why do we do this. I don't want to -- I wouldn't want to get us down a path of a bunch of data that -- Colaianni: Sure. Borton: -- really doesn't help, so -- Colaianni: That's -- that's really up to you. I mean what -- what you need. I mean I can provide a summary. We can provide this. This -- we know there is a lot of talk about response times and what's going on in that area and roadways and stuff like that and so this was just something we created. It's not hard once we build it. It does take time. It's -- but it's not -- it's -- I don't feel it's excessive at this point. Borton: Okay. Okay. Colaianni: I'm not going to come back and say, hey, I need ten more people to do this. Or the chief isn't. De Weerd: And there is already certain things that you have been involved with on each application -- on most applications already in your environmental design and -- which includes the safety lighting, exits and entrances and -- and some of those aspects. So, this is probably one of the -- the next step was when we approved The Oaks, for example, and the annexation went out and they started building from the back in and what that does to stretching out the services and the impact it would have on response times. So, this is making it more visible to the decision makers. If you want it in a different form, that's -- that's certainly another comment we would be looking for. But, again, this is a value to the decision makers. We are trying to give you as much information pertinent to the development as we can. Colaianni: You are so much better at saying it than I am. Cavener: Madam Mayor? De Weerd: Mr. Cavener. Meridian City Council Meeting Agenda August 21, 2018 – Page 162 of 902 Meridian City Council Workshop August 14, 2018 Page 36 of 44 Cavener: A couple of questions and maybe some feedback. I am not one that needs a significant amount of maps and additional illustration. I think the value is in the data and, then, the necessary comments that you as the expert think is warranted provided. I could imagine a scenario in an undeveloped part of Meridian where we haven't seen a lot of calls, but we have approved two or three developments in the past six or seven months and so having that piece may be incorporated as far as a comment to remind us would -- would be valuable. The question is related to the timetable. Have you guys discussed what a -- when this comes is it -- is it a 12 month snapshot? Is it an 18 month snapshot? Five year history? What's -- when -- when the data that you are providing us in terms of numbers of calls, what's -- what's the band of date that you would be sharing that with us? Colaianni: It would be a sliding -- Madam Mayor, Councilman Cavener, it would be a sliding scale. So, developments that we are looking at now that are coming up, whether they are pre-apps or their applications are in, we will take that month that they are coming in and go back a year. I hope I'm answering this right. And so it would go back a year and, then, the ones that come in October it's just a sliding -- a sliding year. Cavener: A 12 month snapshot. Colaianni Yeah. It's a 12 month snapshot, but it moves throughout the year, because we are always moving through -- Cavener: Yeah. Colaianni: -- as the application comes through. Cavener: Great. I think that's it for the question. I -- I would find this valuable. I don't know how the rest of the Council would feel, but I think having this information to me is -- there is going to be times where this is going to trigger flags that had we not had this in front of us we wouldn't even be aware. Colaianni: And I would add to your point, I mean there are times when we meet with the applicant and I bring stuff up in the room and they address it before we even get to the application process, so a lot of times you don't -- you may not see that in the final analysis, but that, you know, we talked about pathways and lighting and making sure they don't create corridors within their open space areas that are going to lead to people being hidden and stuff like that. So, we have those discussions already ahead of time to make sure that that's happening. So, a lot of that's vetted out before we get to that point. De Weerd: Okay. Anything else? Cavener: Madam Mayor, I have some additional I guess questions not related to the law enforcement side. Meridian City Council Meeting Agenda August 21, 2018 – Page 163 of 902 Meridian City Council Workshop August 14, 2018 Page 37 of 44 Colaianni: Okay. So, thank you. De Weerd: Thank you, lieutenant. Okay. Mr. Cavener. Cavener: Madam Mayor. Bill, just a couple of thoughts or comments -- additional pieces I would like to see. First, this is fantastic. I think this is probably the resource as a Council Member that I have been most excited to talk about probably ever. I really applaud the work that you guys have put into this. I think it's going to be easier for us as Council and just our average citizens to be able to understand. Was there any conversation in there -- it identifies I think distance to schools, if I remember correctly. I just am curious. I know that we often reach out to the district for comments. A piece that I think that would be beneficial is to know the distance of the closest elementary, middle and high school and, then, where they are in terms of capacity. We hear so often from the public when they come before us that the schools are overcrowded and, then, we hear sometimes from school administration that, well, that school actually isn't overcrowded. So, I recognize that's relying on our partner in the school district to provide that data, but that's a piece that I would also like to see included. And, then, my other question was related to we -- we called out water quality, which I think is really important for us to be kind of addressing and sharing, but I don't know if we have a matrix in place to say here is our -- our water quality. I can't recall a time that, you know, the south side has water quality A and north side has water quality A minus, I don't think we have anything like that and -- and I don't know when we talked about water quality if it's -- if it's binary that it meets our standards or it doesn't and if there has been any discussion about that. Parsons: Madam Mayor, Members of the Council, I will tackle the first part of that question. Yes, that's still in our community matrix. We do have a placeholder that says distance to schools and we can provide that information. Now, what I can do is -- again as Mayor mentioned, this is contingent on getting the information from the applicant or that resource in a timely manner. So, if the school district doesn't provide information, we can't give that to you. But what I can commit to is I can e-mail Mr. Yo chum and ask him if he's willing to at least put that in his letter to us, so that we can have that information and, then, populate that in the staff report if we get it within the established timeframes that we have in our department. De Weerd: Well -- and the whole idea behind this one was -- in particular there was an apartment complex on Ustick just across from Meridian Settlers Park where those -- the kids that would have lived there wouldn't have gone to their neighborhood school, they would have gone to River Valley. So, that would have been noted in here and, then, there is a page number that, then, you can go and reference. Warren. Stewart: So, Madam Mayor, Members of the Council, Councilman Cavener, maybe to answer your water quality question, the thought process behind that when we included that on the list was, basically, to take a look at a new project and say, all right, is there anything associated with the extension of services to this new project that would maybe Meridian City Council Meeting Agenda August 21, 2018 – Page 164 of 902 Meridian City Council Workshop August 14, 2018 Page 38 of 44 negatively impact water quality, i.e., is it going to be a long dead end line out to this that may cause us a problem with, you know, stagnant water that we would have to flush more often and make sure that we -- that we relay that information to you, so that you could consider that in your decision or in some cases is it going to mean that we are going to have to pump wells in order to serve that area that may be higher in iron and manganese, which we know our citizens are not fond of. So, if the addition of this is going to maybe exacerbate either one of those concerns, we want to make sure that if it does you guys are made aware of that so you have that information. De Weerd: Thank you. Parsons: Madam Mayor, I did -- and Members of the Council, I did also want to mention that we did receive quite a few comments from the Fire Department. We are currently using their -- their new template, their new connections in the staff report, but I did want to give them a shout out that they have worked closely with us and some of those matrix are also going to be reflected in this -- this table as well, they just didn't get inserted at this time. But there is a version that I have on my computer back at my desk that I'm happy to send out to you so that you can also see those as well. It just wasn't part of the staff report at this time, but we have worked closely with them and we are using those at this time. De Weerd: Well -- and, chief, I think it would be helpful if you shared -- you could e-mail out to Council the -- the hypothetical that Joe Bongiorno did and what those comments could look like. Niemeyer: Yeah. I can certainly give a summary. We have been working with Caleb and Cameron for a couple months now on this. Certainly appreciate their leadership on this. Really, this goes back about 12 months and how to provide Council better information when it looks to -- to development. As you know, Chief Bonjiorno, Perry before that, provided your comments on access, water supply, those critical code functions, but how do we provide better information regarding travel time, risk factors, reliability, the closest station. So, that's the information that we -- we have proposed to be included in the staff report. To Councilman Borton's question about is it worth the staff time -- and that's something we had to weigh, because it is a lot more information than just the code compliance section, but we felt very strongly that it is worth the staff time to give you better information. I will give you a good example. We have, as you know, travel time standards that the Council adopted and one of the issues we have recently discovered through better GIS mapping through our IT Department is we actually have a development in the western side of the city where we travel through a rural response time standard to get to an urban travel time standard and so having that information to present to you as Council as you are considering the development that this is where this development falls within a travel time standard that you would like to see is something we haven't done in the past and it's certainly something that I know Councilman Borton and I have discussed in the past. How do we provide you better information. So, I think we have information now that we are going to be providing that looks at travel time, that looks at risk factors. For fire risk factor is a big deal. A Meridian City Council Meeting Agenda August 21, 2018 – Page 165 of 902 Meridian City Council Workshop August 14, 2018 Page 39 of 44 residential development is a lot lower risk factor for us, meaning resource allocation, resource tie up than say a commercial development or certainly an industrial development. There is a different level there. And so how do we provide you information on what that risk factor looks like as far as resource allocation should we have a fire in that -- in that development that you are considering. So, I am very comfortable with where we have landed and the information we can provide you outside of simply code compliance. De Weerd: Thanks, chief. Okay. Any further questions? Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Just two quick -- two quick ones. The ACHD staff report -- and maybe it's referenced somewhere else, but that was one of the -- the earlier comments is some quick references to the staff reports at the end of the hearings completed or not. Is that one of the -- did I miss it? Parsons: Madam Mayor, Members of the Council I -- we -- we don't have that in here at this time, but we can certainly -- it's kind of in there that -- a yes or no on the ACHD comments, Certainly. Borton: Or complete, yes. Hearing complete. Okay. And the other is can the applicant be asked to provide the school district data, rather than us have to gather it as part of their submittal? Maybe that's another topic for another day, but can't they provide our project is -- here is the school's -- the distance and their capacity and they can gather that information. Parsons: Madam Mayor, Members of the Council, Councilman Borton, certainly we can present that to them at pre-app meetings and say please include that in your narrative or at least try to help us with that information. It's something that we can discuss at pre- application meetings and, then, hopefully they will -- they will respond well and give that to us. De Weerd: I think it would be helpful if Council has specific things they would like to get from the other agencies that we make sure they know the kind of information we need to make a decision on. So, if there is something that is not included from ACHD or the schools that we currently don't get, we should be saying this would be helpful for us to have in making our decision. Caleb, did you have something to add? Hood: Maybe just to add a little bit to what Bill said. I mean that the -- the distance to schools either we could get or the applicant could get. Ultimately it still comes down to the school district, though, to provide the information, either to the applicant or to us about what the overcrowding situation is at the school. So, I don't -- we could -- we could even amend our checklist for the application submitted, though, and require them Meridian City Council Meeting Agenda August 21, 2018 – Page 166 of 902 Meridian City Council Workshop August 14, 2018 Page 40 of 44 to say, oh, this is the home elementary school. Here is how far it is from our site. That's -- that's fairly simple and we could have our Planning and Zoning Commission approve an amendment to the checklist for submittal if -- again, that's information -- it's pretty easy for us, too, to figure that out. I mean that's -- it's a couple of minutes, but it may make sense to put that on the applicant. It saves us the few minutes it takes. I mean that adds up. Every few minutes helps. Borton: I think the capacity issue might be -- Hood: But, again, the capacity issue goes back -- it's either us or the school is the only one that really knows that. They are the ones that have to provide it. So, I hate to -- I hate to put our applicants kind of in that pickle of like we won't process their application until they get this information from the school district. I kind of like what the Mayor said, we can reach out to -- to the school district and say, hey, on regular basis our Council wants to know what -- and they can even maybe provide it at the beginning of the year for all the schools and we have it, you know, and, then, here it is and we can report for that school here is what it was as of, you know, September 1 and, then, it could just be a yearly thing and we report that out. We will talk to the school district about that and -- and also applicants at pre-apps and other things, too. De Weerd: Okay. Anything further on this? Okay. Thank you, Bill, for all the time and effort you and Caleb and Cameron have been doing in gathering information, seeking it. I -- I just appreciate Lieutenant Colaianni for being here and -- and, again, point out Joe Bonjiorno, I know he's eager to submit his comments and -- and he got that to us very early in the process. So, thank you so much for everyone kind of rallying behind this and looking at what you feel is good information to -- that you feel is important in making those decisions and seeking feedback on -- on if it resonates with the elected officials. Thank you. E. Community Development: Review Initial Draft of Ada County Highway District's 2019-2023 Integrated Five-Year Work Plan De Weerd: Okay. Item 8-E is I believe Caleb's? Hood: So, Madam Mayor, if you're okay, I'm going to at least start my presentation from here and not go up to the podium, if you guys are all right with that. I got a couple things -- I will probably go back and forth on the screen, so -- De Weerd: No. That works fine. Hood: Okay. So, this is -- again, so I don't get so long winded, I kind of have broke up All Things Transportation and covered some of that in the department annual summary. Got a couple things here. But largely what you are going to hear about now is ACHD's integrated five year work plan. The initial draft was -- sorry, do one thing at a time. You already changed it. Thank you. So, the ACHD commission released on July 18th a -- what they call the initial draft of the integrated five year work plan. So, that is projects Meridian City Council Meeting Agenda August 21, 2018 – Page 167 of 902 Meridian City Council Workshop August 14, 2018 Page 41 of 44 that the highway district plans to do over the next five to seven years. You know, it's kind of funds dependent, but it's -- it's looking forward to the projects they look to tackle and, again, in the next five to six, seven years, they have a preliminary development, which is the out years of the program, but they have submitted that to the public for comment and, of course, us being an agency that submits comments to them on a fairly regular basis, are seeking our -- our input on that. Shared this with the Meridian Transportation Commission on August 6th. It wasn't a very long conversation. Generally, the sentiment from them was that they were thankful for some of our highest priority projects, the priority list that they draft and, then, you -- we tweaked it a little bit this year, but it was, essentially, the -- the list of projects that they recommended to you was sent onto ACHD. Our top priority projects are generally in alignment with ACHD's priorities. So, that was kind of the sentiment from a Transportation Commission was one of thanks. You know, obviously, we want more to be done, but at least it's not -- our priority projects aren't on their list and their priority projects aren't on our list, at least the top priority projects are the ones that seem to be moving forward for the most part. So, kind of to that end, I -- I prepared a draft letter, which the clerk has included in the packet, so you should have access to that letter, but the Mayor does have one on letterhead. If there is changes I can make them relatively quickly and print that if you don't like the messaging in there. The other -- part of the letter that -- so, I can -- again took what the Transportation Commission's thought was to thank ACHD for their time and their effort and general appreciation for the projects that are in there. Also highlighted, though, really, the relationship with ITD and how 20-26 is a priority, recognizing that's not on ACHD's system, but it all works together as a system. It's not us and them or state and local. People that drive on the state system also drive on the local roads and vice-versa. So, that's really kind of what the letter says is, hey, if we can help you in any way advance these projects that are on the state system, let us know what as a city can do to let the state know that there is some -- some priorities that really will help the overall network perform better. So, I took some liberties in that, so that's why I wanted to just call it out to you. That wasn't something from the Transportation Commission, that's just me and -- and kind of, again, where -- Linder Road overpass, 20-26, I think those could be some great projects in our community if we could get the ball moving forward on them. Neither one of those are going to be accomplished overnight, but -- but I think there are -- I know there are higher priority projects for our community, but, anyways, I called them out in the letter, but if you don't like that and want to talk about something else that is -- that is fine as well. But let me get into a little bit of the changes that are in the initial draft first. So, on the screen you see -- we had some -- some summer interns in our department and I asked them to put together this summary that's largely from what -- the information that ACHD provides to us, but this is Meridian specific. So, these aren't all the changes, these are just the changes in Meridian or our area of impact projects. So, I'm going to run through those real quick. So, under the new project heading there are just the one new roadway project Ten Mile, Victory to Overland, and that's moving right -- right in, right? 2021. That's advanced pretty rapidly into the program. Intersection projects. You can read those. I do want to just highlight community programs projects real quick. We have -- real quick. We have 44 requests that we sent to ACHD and there is 15 of those requests in the integrated five work plan. Boise has the lion's share of those community Meridian City Council Meeting Agenda August 21, 2018 – Page 168 of 902 Meridian City Council Workshop August 14, 2018 Page 42 of 44 programs projects. Those are your sidewalk gap projects, your bike lanes, your crosswalks, those types of things, which kind of makes sense. They are an older community and have a lot more subdivisions and neighborhoods that -- that lack that kind of infrastructure or generally are newer and -- and require that through development to provide those -- those types of things. But I do want to call out -- and as I do that -- see if I can. I'm going to switch off of this initial draft slide for just a minute. I want to go and show you a cool tool that ACHD -- and they have been using it for a while now. So, they have their integrated five year work plan on their website, achdidaho.org, and, then, if you scroll to the bottom right there is integrated five year work plan available for public comment. So, again, we will -- we will provide comment as the city, but you can also do that as a citizen, if you have individual comments you want to relate to them, that's great. I'm going to just show you -- for example -- so, you can look at the whole -- whole program and we will go to community programs, since that's where we are at. Right clicked the wrong one -- interactive project map and I will turn on -- at the top there is some -- some tabs and you can look -- it's kind of the same thing. Here is your roadways, intersections. Here is your bicycle and pedestrian. And, again, I'm going to click on that. You can look at maintenance, bridge, so on and so forth. I just wanted to highlight this -- this one project that was on the -- the other sheet. This one isn't on our -- it wasn't on our priority list, but it's kind of an interesting one. It's unfunded in the initial draft, but Linder-Meridian bikeway, Pine Avenue to Temple Drive. So, kind of a mid block, low stress bikeway that ACHD has in their -- and, again, it's unfunded, so it really is more of at concept level, but will be off -- in between your arterial roadways, kind of mid block. But my point more here is to show you this tool and if you want to look at any of the projects and see where they are at, it gives a summary and you can enter your comments. Boy, this project should be done sooner or, no, I don't like this project at all or I like -- I wish this project had a signal here, whatever, but you can do that for any of these projects and you can enter your own comments there and they will be considered as part of this process. So, really cool interactive, a way to get the -- get feedback from folks on anything that's in the integrated five year work plan and, again, it's broken up by -- by categories. I should also say before I go into more of the changes, that it's -- it's interesting just to kind of bring this back into perspective. So, we think of these things a lot of times at the city level of, you know, well, I had to wait through two signals -- two cycles at the signal there and so we need to get that intersection improved. That's important. I just kind of wanted to -- it's kind of nice to refresh I think just to -- at a higher level from ACHD and their charge -- their primary focus area is maintenance. So, maintaining what they have already invested in, that includes bridges, traffic operations, safety and stormwater and, then, their secondary focus, then, is more your roads and intersections and your kind of capacity improvements. So, again, just to kind of put that in perspective. Not that these aren't important, but they have established as a policy themselves primarily they are going to invest and continue to maintain what they have already invested in. Safety, traffic operation, and -- and bridges. Stormwater is also in there. So, anyways, just, again, to kind of let you know what their priorities are. I'm going to jump back to the initial draft changes. So, again, here is the summary. Just a couple of other things to highlight -- oops. Where did you go. A couple of other things to highlight there. I'm going to skip advanced projects that were less important. You can see we had three Meridian City Council Meeting Agenda August 21, 2018 – Page 169 of 902 Meridian City Council Workshop August 14, 2018 Page 43 of 44 roadway projects and intersection projects that did advance in the program year over, but the delayed projects, not just for these projects in particular, but overall, as I'm sure you're aware, bids are coming in higher for a lot of construction jobs. So, ACHD wasn't able to deliver as much this last year as they were hoping for, just because the cost to do those projects was higher. They have had to reject some bids and delay some projects just because, again, they weren't getting maybe the pricing structure they were are hoping for in some of those projects or the cost benefit. If you are going to pay twice as much for that roadway, okay, maybe we will wait to do it when it cools down a little bit. So, some of the projects in the program overall were delayed, again, basically because the cost of doing business has increased more than what -- what you would have thought when engineers estimates were put together, so they have had to delay some projects. And, then, the final one that I just wanted to call your attention is down here on Main Street, there is -- there is some thrift stores and a pedestrian crossing there and that -- that -- that project, to make that crossing more prevalent, has kind of fallen victim to -- well, essentially, what I was just talking about, it just hasn't risen to the level of warranting spending money on making it more prevalent. The good news is there really hasn't been an incident in history there, so that's why it's not there, but we have had some close calls there. So, I just wanted to call it to your attention that I don't know if it's now people understand, you know, the three lane northbound right there, people are more aware and looking for pedestrians more, but I do know -- especially when that -- that crosswalk was put in there were some near misses. You know, it's something we have talked about at the Transportation Commission. But, again, it's sort of a victim of the program balancing and just not having enough funds to fit it in the program. I'm hopeful that maybe some day it can get put back in, not because somebody gets hit or something, but just because it's -- to avoid that potentially. So, I think -- you know, without going, you know, project by project, which, again, I do have, it's in your packet, here is our request and I do appreciate ACHD, you know, responding, you know, where it's at in the program and their responses in the far right- hand column. So, you have that in your packet. I wasn't planning today to go through that project by project, but this is what we put together and they have added onto that and kind of responded to it. So, I do appreciate that. Again, I do have a draft letter. We have until -- and it's not a lot of time, but until August 20th is when the public comment period ends for this. So, if you are so inclined to authorize the Mayor to sign the letter to ACHD -- or, again, I can -- I'm happy to make some changes to it and if you wanted to send something else out that would be fine. So, Madam Mayor, with that, that concludes my -- my integrated five year work plan presentation and would stand for direction and questions you may have. De Weerd: Thank you, Caleb. Council, any questions? So, you're good with the -- the letter as is. I thought that ACHD's comments were really nice to have to give greater clarity and context. Borton: Madam Mayor. I think the letter is great. I think the reference on this -- De Weerd: Are you -- is your mic on? Meridian City Council Meeting Agenda August 21, 2018 – Page 170 of 902 Meridian City Council Workshop August 14, 2018 Page 44 of 44 Borton: Yeah. I'm on. The Chinden-Overland and -- and Linder Road overpass, that comment I think is well placed and keeps it on the front burner of what we want to have back in, if at all possible. De Weerd: Okay. Hood: Thank you. Item 9: Future Meeting Topics De Weerd: Thank you. Okay. Item 9. Anything for Item 9? Just a couple of things. There is a Cash Mob on Friday through Sunday for our Main and Pine businesses that have had an impact from the road construction. Fill The Bucket fundraiser at The Village on Saturday from 11:00 to 4:00 and a joint meeting with MDC next Tuesday. That starts at 4:00 o'clock. Item 10: Amended: Executive Session per Idaho State Code 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code; 74-206(1)(f): To communicate with legal counsel for the public agency to discuss the legal ramifications of and legal options for pending litigation, or controversies not yet being litigated but imminently likely to be litigated and 74-206(1)(j): To consider labor contract matters authorized under section 74-206A (1)(a) and (b), Idaho Code De Weerd: If there is nothing further, I would entertain a motion to adjourn into Executive Session. Borton: Madam Mayor? De Weerd: Mr. Borton. Borton: Move that we go into Executive Session pursuant to 74-206(1)(d),(f),(j),(a),(b) -- (d)? Is that it? De Weerd: Okay. Cavener: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, absent; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, absent. De Weerd: All ayes. Meridian City Council Meeting Agenda August 21, 2018 – Page 171 of 902 Meridian City Council Workshop August 14, 2018 Page 45 of 44 MOTION CARRIED: FOUR AYES. TWO ABSENT. EXECUTIVE SESSION: (5:30 p.m. to 6:41 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Borton: So moved. Cavener: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: FIVE AYES. ONE ABSENT. De Weerd: And for the record Councilman Treg Bernt joined us during the Executive Session. Do I have a motion to adjourn? Borton: So moved. Cavener: Second. De Weerd: All those in favor? All ayes. Thank you, Treg. MOTION CARRIED: FIVE AYES. ONE ABSENT. MEETING ADJOURNED AT 6:42 P.M. (AUDIO ON FILE OF THESE PROCEEDINGS) /a_I '-v � MAYOR T D WEERD ATE APPROVED ATTEST: 1 C. JAY CO S, CITY ERK PQDaPSEDAUGUSr, Q ,0 City of 0 E IDIAN -- IDAHO s� SEAL City Council Workshop August 14, 2018 nda Item Number: 4A Proiect/File Number: Item Title: Approve Minutes of August 7, 2018 City Council Special Meeting Meetinq Notes: 9 APPROIED I TEM SHEET C ouncil Agenda I tem - 4.A . Presenter: Estimated Time f or P resentation: Title of I tem - Approve M inutes of August 7, 2018 C ity C ouncil S pecial M eeting AT TAC HM E NT S: Description Type Upload D ate 2018-08-07 Special Meeting Minutes Cover Memo 8/10/2018 Meridian City Council Meeting Agenda August 14, 2018 – Page 3 of 198 Meridian City Council August 7, 2018 Page 5 of 5 De Weerd: Mr. Borton. Borton: Trying to find some form of debate in this brief agenda. With my motion going nowhere, I move that we adopt the Consent Agenda as published and for the Mayor to sign and the Clerk attest. Cavener: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Mr. Clerk. Bernt: I would like to have just one last thing. You know, I really -- Madam Mayor? I appreciate the discussion this evening in regard to the Consent Agenda. It's been vibrant and very heartwarming and I hope the Scouts in the audience have enjoyed it. With that I -- I'm supportive of the Consent Agenda this evening. De Weerd: I'm glad we are taken up all this time to have these real weighty discussions. Anything further? Mr. Clerk, will you call roll. Roll call: Borton, yea; Milam, yea; Cavener, yea; Palmer, yea; Little Roberts, yea; Bernt, yea. De Weerd: All ayes. MOTION CARRIED: ALLAYES. Item 5: Future Meeting Topics De Weerd: I really cringe to ask if there is anything under Item 5. If not, I would entertain a motion to adjourn. Milam: So moved. Cavener: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALLAYES. MEETING ADJOURNED AT 4:05 P.M. (AUDIO RECO DING ON FILE OF THESE PROCEEDINGS) MAYO�RTA — D PROVED O PUGUS r ATTEST//1 C. J Y COLE ITY CLERK z P+ 11 VIA. C. avr� �u JAI City Council Workshop August 14, 2018 enda Item Number: 4B Prokect/File Number: Item Title: Bainbridge Subdivision No. 7 Pedestrian Pathway Easement Meetinq Notes: C✓i GPPB�uFn I TEM SHEET C ouncil Agenda I tem - 4.B . Presenter: Estimated Time f or P resentation: Title of I tem - B ainbridge Subdivision No. 7 P edestrian P athway Easement AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 8/8/2018 Meridian City Council Meeting Agenda August 14, 2018 – Page 9 of 198 ADA COUNTY RECORDER Christopher D. Rich 2018-077024 BOISE IDAHO Pgs=6 BONNIE OBERBILLIG 08/15/2018 10:36 AM CITY OF MERIDIAN, IDAHO NO FEE Project Name (Subdivision) Bainbridge Subdivision No. 7 " THIS AGREEMENT, made this day of Pf� �2018, between Brighton Development Inc., an Idaho corporation, hereinafter referred to "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, 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, Pedestrian Pathway Easement REV. 03/26/18 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 1 o f 1 9 8 �P�ED AUGUST GRANTEE: CITY OF MERIDIAN Q° E IDTI AN'4� Tae d�y ,Mayor SEAL W A&t by C.Jay(CJles, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) This record was acknowledged before me on - (date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. A Q�n� •'�• ftp �' P/ll� al �•, Notary Signature My Commission Expires: ,z �;�• 0'0 .�v.•..STA * • ••�•. Pedestrian Pathway Easement REV. 03/26/18 C t «n bPidCg. 2 K& -7 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 3 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 4 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 5 o f 1 9 8 City Council Workshop August 14, 2018 enda Item Number: 4C Pror: iect/File Numbe . . . ...... . ..... ...... . ...... . ....... ... . . .............. ... .. ....... . .... . ........... . . .......... . . . .. Item Title: Maddyn Village Subdivision Sanitary Sewer and Water Main Easement Meetina Notes: 9 pPPROVEU I TEM SHEET C ouncil Agenda I tem - 4.C. Presenter: Estimated Time f or P resentation: Title of I tem - M addyn Village S ubdivision S anitary Sewer and Water M ain Easement AT TAC HM E NT S: Description Type Upload D ate E asement Cover Memo 8/8/2018 Meridian City Council Meeting Agenda August 14, 2018 – Page 16 of 198 Project Name tSubdivision): MADDYN VILLAGE SUBDIVISION Sanitarv_Sewer & Water Main Easement Number: 1 Identify this Easement by sequential number if Project contains more than one easement of this type. ( See Instructions for additional information). ADA COUNTY RECORDER Christopher D. Rich 201$_077027 BOISE IDAHO Pgs=9 BONNIE OBERBILLIG 08/15/2018 10:38 AM CITY OF MERIDIAN, IDAHO NO FEE SANITARY SEWER AND WATER MAIN EASEMENT THIS Easement Agreement, made this day of , 20 between MADDYN HOMES, LLC ("Grantor"), and the City of Meridian, an Idaho Municipal Corporation ("Grantee"); WHEREAS, the Grantor desires 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 Grantor, and other good and valuable consideration, the Grantor does 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 GRANTOR covenants and agrees that Grantor 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 Sanitary Sewer and Water Main Easement REV. 03/26/2018 Meridian City Council Meeting Agenda August 14, 2018 — Page 17 of 198 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 8 o f 1 9 8 GRANTEE: CITY OF MERIDIAN Tammy d rd, Mayor A st by C. Coles, City Clerk STATE OF IDAHO, ) . ss. County of Ada ) O�ZED AUGUST' z� civ, or ��►' E IDI *40 w �s SEAL tee/ This record was acknowledged before me on 2-IL110date) by Tammy de Weerd and C.Jay Coles on behalf of the City of Meridian, in their capacities as Mayor and City Clerk, respectively. OAR; ,�.•R Notary Signature 1111 My Commission Expires: ?� - G'? a�2 • PUB1,G -�4N 1 #"47E OF •• •4411...••• Sanitary Sewer and Water Main Easement REV. 03/26/2018 Madelyn V1 11a9e M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 2 0 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 2 1 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 2 2 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 2 3 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 2 4 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 2 5 o f 1 9 8 City Council Workshop August 14, 2018 enda Item Number: 4D Proiect/File Number: Item Title: Emergency Medical Services Joint Powers Agreement Renewa Meeting Notes: uy APPROVED I TEM SHEET C ouncil Agenda I tem - 4.D. Presenter: F ire Chief M ark Niemeyer Estimated Time f or P resentation: 5 minutes Title of I tem - Emergency M edical S ervices J oint Powers Agreement Renewal Annual renewal of the E MS J PA , E mergency Medical S ervices J oint P owers Agreement. R equesting Mayor and Council approval or disapproval of this year's proposed Amendments to the J oint P owers A greement, by the parties to the E MS J PA . AT TAC HM E NT S: Description Type Upload D ate Council Memo Cover Memo 8/9/2018 S tatement of P urpose B ackup Material 8/6/2018 A mended J PA Redline, showing changes B ackup Material 8/6/2018 A mended A greement for S ignature A greements / C ontracts 8/6/2018 Meridian City Council Meeting Agenda August 14, 2018 – Page 26 of 198 Meridian Fire Department 33 E. Broadway Avenue, Suite #210 Meridian, ID 83642 Phone 208-888-1234 www.meridiancity.org August 6, 2018 MEMORANDUM TO: Mayor & City Council CC: Click here to enter text. FROM: Meridian Fire Department RE: EMS JPA Amendment and Renewal Requesting approval or disapproval of the proposed amendments to the Emergency Medical Services Joint Powers Agreement, by each party to the JPA (District and/or Agency). Attached is a Statement of Purpose and the Joint Powers Agreement both in the redline version and the unsigned version for your review which were provided by Ada County Paramedics. Meridian City Council Meeting Agenda August 14, 2018 – Page 27 of 198 Statement of Purpose for Amendments to: RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY Purpose of Proposed Amendments to the Agreement: 1. To provide for withdrawal of North Ada County Fire and Rescue District as Party and to state that City of Boise and North Ada County Fire and Rescue District constitute one (1) Party under the Agreement. 2. To define “Fiscal Year” as starting on Oct 1 and ending on Sept 30 of following year. 3. To clarify Amendment process. 4. To change election date of Joint Powers Board officers to first meeting of new Fiscal Year. 5. To eliminate position/duties of “Secretary” from Joint Powers Board officers and to add former Secretarial duties to position of Vice Chairman or his/her delegate. 6. To change quorum requirement for conducting business at meetings of Joint Powers Board to 50% of the members of full Board. 7. To amend the requirement that the Joint Powers Board provide an annual written report of the status of the System to the governing bodies of the Parties. Instead, the Board will create an annual report, which can be used by each Party as it sees fit. 8. To eliminate the requirement that a DBA be formed when the Parties agree to combine their state-issued licenses and operate under a single System license. 9. To establish that three (3) voting members constitutes a quorum for conducting business at meetings of the Administrative Committee. 10. To change appointment of Administrative Committee officers to first meeting of new fiscal year. 11. To eliminate position/duties of “Secretary” from Administrative Committee Board officers and to add former Secretarial duties to position of Vice Chairman, or his/her delegate, related to meetings and the associated records, notices, and amendment procedures. If there are any questions concerning the proposed Amendments, please contact Stacy Winn, at ACEMS at swinn@adaweb.net Meridian City Council Meeting Agenda August 14, 2018 – Page 28 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 1 1/26/17 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY Establishing the Ada County-City EMS System (“ACCESS”) This Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County (the “Agreement”) is entered into by and between Ada County, the Ada County Emergency Medical Services District, the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, North Ada County Fire and Rescue District, and Star Joint Fire Protection District, and is effective as of the last date of execution of this Agreement. RECITALS; PURPOSES; AUTHORITY Purpose. The Purpose of this Agreement is to establish the Ada County-City EMS System (the “System”) and Joint Powers Board appointed by the respective Parties authorized to operate and manage the joint, coordinated, and unified provision and maintenance of pre- hospital, emergency and non-emergency medical services, including medical transport, rescue, and extrication services, within all county, city, emergency medical services district, and fire district jurisdictions within the System Area in order to provide certainty, consistency and economy in the management and delivery of EMS services. 1. Sections 67-2326 through 67-2333, Idaho Code, provide that public agencies may 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 and interagency contracts for service, activity or undertakings. This Agreement is, and shall be construed as, a joint powers agreement enacted pursuant to Sections 67-2326 through 67-2333, Idaho Code. 2. Fire Districts have authority under Sections 31-1430 and 31-1417, Idaho Code, to enter into intra-agency and mutual aid agreements. 3. The Ada County Board of Commissioners, in its capacity as the governing board of the Ada County Emergency Medical Services District (“ACEMS District”) pursuant to Chapter 39, Title 31, Idaho Code, provides emergency medical services in Ada County. ACEMS District currently holds an Advanced Life Support Level 1 EMS transport license issued by the state of Idaho. 4. The Parties to this Agreement have various levels of EMS licenses issued by the state of Idaho. Each Party shall be responsible to maintain such EMS license. Subject to Board approval, nothing in this Agreement shall prevent a Party from obtaining a higher level of licensing. Meridian City Council Meeting Agenda August 14, 2018 – Page 29 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 2 1/26/17 5. The governing boards of the Parties have determined that it is in the best interests of each Party and their taxpayers and for the persons residing and found within their respective boundaries, to create the System. Now, for and in consideration of the mutual covenants and promises herein set forth, and for other good and valuable consideration hereby acknowledged by the Parties to this Agreement as having been received, the Parties hereby mutually promise, covenant and agree as follows: AGREEMENT ARTICLE I DEFINITIONS When used herein, the following words shall have the attendant meaning: 1.1 “ACEMS District” means the Ada County Emergency Medical Services District, a Party to this Agreement. 1.2 “Ada County-City EMS System” means the Ada County-City EMS System as herein created and may sometimes be referred to as the “System” or “ACCESS.” 1.3 “Ambulance” means any privately or publicly owned motor vehicle or nautical vessel, authorized to provide service in the System, used for, or intended to be used for, the transportation of sick or injured persons who may need medical attention during transport. This may include dual or multipurpose vehicles. 1.4 “Ambulance Service” means an agency, licensed to operate within the System, with the intent to provide personnel and equipment for medical treatment at an emergency scene, during transportation or during transfer of persons experiencing physiological or psychological illness or injury who may need medical attention during transport. 1.5 “Default” means any violation, failure to perform, or breach of any covenant, agreement, term or condition of this Agreement. 1.6 “Emergency Medical Services” or “EMS” means the system utilized in responding to a perceived individual need for immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. 1.7 “Joint Powers Board” means the System Joint Powers Board, (“Board”), formed pursuant to this Agreement, which is authorized to administer this Agreement on behalf of the Parties. 1.8 “Parties” means Ada County, the cities and districts that have executed this Agreement. 1.9 “Inclusive Area Party Agencies” means Public Agencies that are Parties to this Meridian City Council Meeting Agenda August 14, 2018 – Page 30 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 3 1/26/17 Agreement whose boundaries include area only within Ada County, state of Idaho. 1.10 “Non-Inclusive Area Party Agencies” means Public Agencies that are Parties to this Agreement whose boundaries include area within Ada County and within Canyon County, or any other neighboring county to Ada County, state of Idaho. 1.11 “Non-transport Service” means an agency with associated apparatus and personnel licensed to operate within the System, operated with the intent to provide personnel or equipment for medical stabilization at an emergency scene, but not intended to be the service that will actually transport sick or injured persons. 1.12 “Public Agency” means any city or political subdivision of this state, including, but not limited to emergency medical service districts; fire districts; cities; and any other government subdivision of the state of Idaho, including any agency of the state of Idaho holding a current EMS license and providing EMS within or contiguous to the boundaries of Ada County. 1.13 “System Area” means all the geographic area within the boundaries of the “Inclusive Area Party Agencies” and those designated areas for inclusion within the System which are also within the boundaries of the “Non-Inclusive Area Party Agencies.” 1.13.1 The “System Area” may be modified, upon consent of all Parties, to include area within an adjoining county; 1.13.2 The “System Area” may be modified, upon consent of all Parties, to exclude area within Ada County upon the condition the area excluded will then be subject to a like “System” in an adjoining County. 1.14 “Fiscal Year” means the period of time commencing October 1 and ending on September 30 of the following year. ARTICLE II THE ADA COUNTY-CITY EMS SYSTEM (SYSTEM) 2.1 Establishment of the System. There is hereby established the Ada County-City EMS System. The System shall be created for the express purpose of providing for joint management, provision, operation, and maintenance of pre-hospital emergency and non- emergency medical services, including medical transport, rescue, and extrication services, within the System Area. The System shall exist as a joint exercise of the authority to provide EMS services by all the Parties to this Agreement, and shall be administered by a Joint Powers Board as provided in Article IV of this Agreement. The System, through the Joint Powers Board, Administrative Committee, and the Medical Directorate, shall establish standards and provide for the coordinated management, provision and maintenance of pre-hospital, emergency, and non-emergency medical services, including Formatted: Normal, Left, Indent: Left: 0", Hanging: 0.5", Right: 0", Space Before: Auto, After: Auto, Line spacing: At least 16 pt Formatted: Font: Not Bold Formatted: Font: Times New Roman, 12 pt Formatted: Font: Bold Meridian City Council Meeting Agenda August 14, 2018 – Page 31 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 4 1/26/17 medical transport, rescue, and extrication services, within the System Area. 2.2 Scope of Services and Operation. The System shall coordinate the management, provision, operation and maintenance of pre-hospital, emergency, and non-emergency medical services, including medical transport, rescue, and extrication services within the System Area. The Parties shall respond to 9-1-1 and other calls necessitating the services o f t h e S y s t e m w i t h i n t h e S y s t e m A r e a . B y t h i s A g r e e m e n t , t h e P arties agree to cooperatively exercise their respective powers within the System A r e a i n a m a n n e r consistent with this Agreement.   2.2   ARTICLE III PARTIES, DURATION, AMENDMENT, WITHDRAWAL AND TERMINATION 3.1 Parties to this Agreement. The Parties to this Agreement are Ada County, the Ada County Emergency Medical Services District, the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, North Ada County Fire and Rescue District, and Star Joint Fire Protection District. The City of Boise represents the interests of North Ada County Fire and Rescue, which withdrew as a Party, effective March 5, 2018, pursuant to Article 3.4.1. For all purposes under this Agreement, the City of Boise and North Ada County Fire and Rescue constitute one (1) Party. Each Party intends to and does by this Agreement contract with each other Party and any other Agencies as may later be added. Additional Parties may be added by resolution of the Board and amendment of this Agreement. Each Party agrees that the removal of any Party from this Agreement does not affect this Agreement with respect to each remaining Party. 3.2 Duration/Annual Renewal. This Agreement shall continue in force and effect from its Execution Date through September 30, 2013. Thereafter this Agreement may be renewed for successive one (1) year terms. Renewal terms shall be effective from October 1 through September 30 of each successive calendar year. A Party may renew this Agreement by providing written notice to all other Parties. 3.3 Amendment. This Agreement may be amended only in accordance with the provisions of Article XI. by written agreement of the Parties. 3.4 Withdrawal. 3.4.1 No Party shall withdraw from this Agreement unless it demonstrates one or more of the following circumstances: 3.4.1.1 The withdrawing Party is insolvent or otherwise financially unable to carry out its obligations under this Agreement; Formatted: Font: Times New Roman, 12 pt Formatted: List Paragraph, Justified, Indent: Hanging: 0.5", Right: -0.01", Space Before: 0.2 pt, Line spacing: single, Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: 0.5", Left Formatted: List Paragraph, Line spacing: single Formatted: List Paragraph, Justified, Indent: Hanging: 0.5", Right: -0.01", Space Before: 0.2 pt, Line spacing: single, Outline numbered + Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 + Alignment: Left + Aligned at: 0.25" + Indent at: 0.5", Tab stops: 0.5", Left Meridian City Council Meeting Agenda August 14, 2018 – Page 32 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 5 1/26/17 3.4.1.2 A court has determined that it is unlawful for the Party to continue to perform under or be Party to this Agreement; 3.4.1.3 A material breach of any term of this Agreement has occurred; or 3.4.1.4 Two or more Parties, after signing, consolidate services and wish to combine their representation under t h i s A g r e e m e n t a s p a r t o f s aid consolidation. 3.4.2 Notice of withdrawal must be provided to the Parties no less than sixty (60) days before the effective date of withdrawal. However, a withdrawal shall not be effective if the condition or conditions giving rise to the withdrawal are cured to the reasonable satisfaction of the withdrawing Party within sixty (60) days after the date of notice of withdrawal is provided. 3.4.3 Withdrawing Party to Cease EMS Services In Service Area. Each Party agrees, as a special consideration to each other Party, that in t h e e v e n t t h e y withdraw from this Agreement, either by voluntarily withdrawing or for cause by default, that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Department of Health and Welfare Bureau of EMS as that license authorizes EMS services in the System Area by that Party. In the event a withdrawing Party fails to cease to provide EMS services in the System Area, the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. 3.5 Complaints. The authority to investigate a complaint against a Party may be conducted by the Administrative Committee or by the Board, when involving cause for termination. Member/s of the Party or Parties who are the subject of the complaint cannot vote on motions to proceed with the investigation or matters related to the conduct or financing of the investigation. Each Party shall cooperate with any investigation of complaints regarding performance of services governed under this Agreement. 3.5.1 Complaints involving personnel of a Party are to be treated as described in Section 8.5.3 of this Agreement. 3.6 Party Termination. 3.6.1 For Cause. A Party may be terminated from this Agreement by action of the Board for cause in the event they are in default of this Agreement. Prior to termination of a Party the Board shall conduct a hearing to determine if there is a default of this Agreement that has not been cured by the defaulting Party. The following procedures shall be met: 3.6.1.1 The Board shall provide to the defaulting Party fourteen (14) days Meridian City Council Meeting Agenda August 14, 2018 – Page 33 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 6 1/26/17 written notice of a hearing to show cause. 3.6.1.2 The notice shall specify the reasons for the default and the intention to terminate the Party as a Party to this Agreement. 3.6.1.3 In the event the default is cured within the fourteen (14) days and before the commencement of the scheduled hearing before the Board, the Board shall so note on the record of the proceedings and the hearing shall then be concluded. 3.6.1.4 In the event the default is not cured, the Board shall, upon conclusion of their deliberation, issue findings of fact and conclusions of law and order of decision within thirty (30) days of the date of the hearing. 3.6.1.5 A Board member representing a Party that the Board is considering terminating shall recuse himself/herself from voting on the termination and all proceedings involved in the matter of termination. 3.6.2 Effect of Termination. The termination or withdrawal of any Party pursuant to this subsection shall not constitute a termination of the entire Agreement, and the remaining Parties shall continue to perform under this Agreement for the remainder of the contract term. 3.6.3 Terminated Party to Cease EMS Services In Service Area. Each Party agrees, as a special consideration to each other Party, that in the event they are terminated from this Agreement, either by voluntarily withdrawing or for cause by default, that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Idaho Department of Health and Welfare EMS Bureau as that license authorizes the provision of EMS services in the System Area by that Party. In the event a terminated Party fails to cease to provide EMS services in the System Area, the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. ARTICLE IV ADMINISTRATION OF THE ADA COUNTY-CITY EMS SYSTEM JOINT POWERS BOARD 4.1 Establishment of the Joint Powers Board; Membership; Officers. 4.1.1 Establishment of the Board. There is hereby established the Joint Powers Board of the System. The Joint Powers Board shall serve as the governing board of the System and operate the System on behalf of the Parties. 4.1.2 Joint Powers Board Membership. The Ada County-City EMS System Meridian City Council Meeting Agenda August 14, 2018 – Page 34 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 7 1/26/17 (ACCESS) shall be governed by the Board whose membership shall consist of one (1) elected official representing each Party, and a total of two (2) elected officials of the ACEMS District/Ada County Board of Commissioners. 4.1.2.1 Each Party shall also designate an alternate elected official to serve in the absence of their designated Board member. 4.1.2.2 Each Party’s appointee shall be given the authority to vote on all matters before the Board with the exception of financial decisions requiring the appropriation and/or expenditure of funds by the Party. 4.1.3 Officers. Annually, during first meeting held in new Fiscal Year, in January the Joint Powers Board shall elect appoint a chairman and a, vice chairman, and secretary whose primary responsibilities are as follows: 4.1.3.1 The Chairman shall be a member of the Board and shall conduct all meetings of the Board and execute all contracts and resolutions on behalf of and as authorized by the Board and any other duties assigned by the Board; and 4.1.3.2 The Vice Chairman shall be a member of the Board and shall carry out the functions of the Chairman in the absence of the Chairman and, through his/her delegate, as needed, be responsible for posting agenda notices and preparation of minutes of the Board and for maintaining the records of the Board and any other duties assigned by the Board; and 4.1.3.3 The Secretary may or may not be a member of the Board and shall be responsible for posting agenda notices and preparation of minutes of the Board and for maintaining the records of the Board and any other duties assigned by the Board; and 4.1.3.43 These officers shall have no powers or duties except as provided in this Agreement. 4.2 Powers, Duties and Operations of the Joint Powers Board. 4.2.1 Powers. Pursuant to Section 67-2328, Idaho Code, the Board is responsible to operate and manage the System. In order to accomplish the Purpose of this Agreement, the Joint Powers Board shall have, in addition to other powers provided herein, the authority to adopt procedures for its operation as well as to adopt standards for the coordinated management, provision, operation and maintenance of pre-hospital, emergency, and non-emergency medical services, including medical transport, rescue, and extrication services, within the System Area. Meridian City Council Meeting Agenda August 14, 2018 – Page 35 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 8 1/26/17 The Board shall have discretionary powers to manage and conduct the business and affairs of the Ada County-City EMS System. However, the governing board of a Party shall approve any action that will financially obligate that Party. The discretionary powers shall include, but not be limited to, the following: 4.2.1.1 Receive recommendations from the Administrative Committee and the Medical Directorate; 4.2.1.2 Approve procedures for the operation, meeting, and other administrative matters of the Board and the System; 4.2.1.3 Approve the Standard Operating Procedures for the System. However, any standards approved regarding qualifications for holding a position shall provide an exemption for any personnel of any Party who at the effective date of this Agreement holds such a position unless contrary to law; 4.2.1.4 Adopt medical protocols and other matters related to the Medical Directorate; 4.2.1.5 Approve response standards, including policies regarding dispatch responses; 4.2.1.6 Provide recommendations to a Party’s respective governing body regarding the Party’s agency licensure levels within the System; 4.2.1.7 Recommend for approval, as set forth in section 4.4 of this Agreement, a budget and financial plan as well as subsequent funding, including joint purchasing of property; 4.2.1.8 Approve the allocation of resources, including stationing of personnel and vehicles; 4.2.1.9 Adopt a training and education plan for licensed personnel; 4.2.1.10 Approve the deployment plan of EMS equipment; 4.2.1.11 Recommend that the Board acquire, hold, and dispose of real and personal property jointly owned by and used in the System; 4.2.1.12 Deal with other matters necessary and convenient in furtherance of the Purpose of this Agreement; 4.2.1.13 Identify matters that require approval of the Parties’ governing boards; 4.2.1.14 Comply with the Idaho Open Meetings laws; Meridian City Council Meeting Agenda August 14, 2018 – Page 36 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 9 1/26/17 4.2.1.15 Operate on a fiscal year from October 1 through September 30; and 4.2.1.16 Adopt, administer and implement EMS standards, protocols and procedures. If EMS standards, protocols and procedures adopted by the Board impose higher standards than are required by any state statute or rule the standards and procedures adopted by the Board shall apply to the Parties to the extent allowed by law in the System Area. 4.2.2 As required by law, the Board shall report to the Idaho Department of Health and Welfare EMS Bureau any findings of Agency violation of state EMS laws or rules which occurred within the System Area. 4.2.3 Resolutions and Board procedures shall be compiled and organized according to subject and maintained by the Joint Powers Board, which shall provide each Party with a copy of all resolutions and procedures. 4.2.4 The approval of the governing board of each Party is required for any matter approved by the Joint Powers Board that includes financial contribution by a Party, including the purchase of real property and personal property. 4.3 Meetings, decisions, and communication. The Board shall adopt rules of procedure for the conduct of their meetings that are consistent with the provisions of this Agreement. 4.3.1 The Board shall meet regularly to confer and carry out the business of the Board and the System in the following manner: 4.3.1.1 For all meetings of the Board fifty percent (50%) plus one (1) of the members of the full Board shall constitute a quorum for the purposes of conducting business. 4.3.1.2 All motions, resolutions, and actions of approval on any matter by the Board require a unanimous vote of the Board members present. 4.3.1.1.1 In regards to matters before the Board that only involve a combined licensure as provided in Article V of this Agreement, only the Board members of Parties that have combined their licenses may vote. 4.3.1.3 The Board must provide at least fourteen (14) days advance written notice to all Parties when considering all matters requiring a vote of the Board members. 4.3.1.4 Only Board members, or their alternates, shall have voting privileges. 4.3.1.5 In the event a Party’s Board member or designated alternate fails to attend three (3) consecutive meetings or fails to attend more than one- Meridian City Council Meeting Agenda August 14, 2018 – Page 37 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 10 1/26/17 half of the meetings of the Board within a Fiscalcalendar Yyear, notice of absence shall be sent to the offending Party which notice shall be withdrawn if the offending Party’s Board member appears at the next regularly scheduled meeting and shows good cause for the absences and presents a commitment to regular attendance in the future. In the event the offending Party does not appear and show good cause then the same shall constitute a material breach of the terms of this Agreement and the offending Party will be subject to termination provisions of Section 3.6 of this Agreement and the notice of absence shall stand as a notice of default. 4.3.2 The Board shall create provide to the governing boards of the Parties to this Agreement a written annual report concerning the status of the System, at a date set in the procedures of the Board, but in no event not less than once per year. This report shall include all matters the Joint Powers Board determines are to be relevant to the operation of the System, including the Budget (as described in 4.4), and any matter that may be required by the State EMS Bureau or by state or federal law. 4.4 Finances. On or before March 1 of each year, the Board shall propose an Ada County- City EMS System Budget (the “Budget”) for approval by the ACEMS District Board. 4.4.1 The Budget shall include vehicle license registration fees designated for and remitted to the ACEMS District for that fiscal year. The Budget may also include contribution payments to the System by the Parties to this Agreement. Commencing in the fourth renewal year of this Agreement, the Budget shall also include property tax funds contributed for that fiscal year by the ACEMS District Board pursuant to Chapter 39, Title 31, Idaho Code. 4.4.2 The Budget shall identify anticipated expenditures for the System up to the amount included in the Budget in Section 4.4.1. The expenditures in the Budget shall be developed in accordance with the statutory purpose that the vehicle license registration fees be used for the provision of EMS services within the ACEMS District. Further, commencing in the fourth renewal year of this Agreement, the expenditures in the Budget shall be developed in accordance with the statutory purpose that the property tax funds levied by the ACEMS District shall be used for the provision of ambulance service within Ada County. 4.4.3 A division for the System shall be established within the ACEMS District Budget, which shall include income line items and expenditure line items as allocated by the ACEMS District Board. The income line items shall include, if applicable: (1) vehicle license registration fees as described in Section 4.4.1 above; (2) contribution payments from the Parties; and (3) tax funds being contributed by the ACEMS District for System expenditures as described in Section 4.4.1 above. The expenditure line items shall include, if applicable: (1) personnel expenses; (2) capital expenses; and (3) operating expenses. Formatted: Strikethrough Formatted: Strikethrough Meridian City Council Meeting Agenda August 14, 2018 – Page 38 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 11 1/26/17 4.4.4 If the Budget includes contribution payments by Parties other than the ACEMS District, then on or before March 1, the Board shall submit the Budget to each Party’s governing board for the appropriation of any contribution payment by that Party. 4.4.5 The Parties shall set their own budgets in a timely manner with consideration to the Budget as proposed by the Board. 4.4.6 If the Board fails to submit a Budget to the ACEMS District Board for approval, then the Parties shall set their own budgets. 4.4.7 Capital investments requiring additional expenditures will be funded through extra appropriations as proposed by the Board, subject to approval by each Party’s governing board. 4.5 Joint Purchasing. Pursuant to Section 67-2807, Idaho Code, the Board, subject to approval of the Parties’ governing boards as required by other provisions of this Agreement, may authorize joint purchasing of any real or personal property consistent with the laws of the state of Idaho. Prior to the Board approving any joint purchase, the Board shall identify by resolution the plan for distribution and/or ownership of property jointly owned by the Parties upon the withdrawal or termination of a Party. 4.6 Agreements with other Medical Service Providers. The Board may enter into agreements with medical service providers other than those that a r e P a r t i e s t o t h i s Agreement in order to provide for EMS services and/or to provide mutual aid to the System or any medical service provider. Such agreements may be with public or private agencies and may incorporate any of the terms and conditions contained herein and any other terms and conditions the Parties may deem appropriate. Such agreements shall not authorize a medical service provider to directly compete with any Party to this Agreement for the provision of EMS services, nor shall such agreement extend any voting rights to any Party to this Agreement for the provision of EMS service, nor shall such agreement extend any voting rights to the Party with whom the agreement is made. ARTICLE V LICENSURE 0.1 Inclusive Licensure. The Parties hereby agree to maintain their state-issued EMS licenses and operate in accordance with the laws of the state of Idaho and associated regulations of the Idaho Department of Health and Welfare. 5.2 Establishment of the Ada County-City EMS System. The Board shall, together with the Parties’ governing boards, comply with Idaho Code §§ 53-501—510, “The Assumed Business Names Act of 1997” to conduct the business of the System under the name and style of Ada County-City EMS System. Meridian City Council Meeting Agenda August 14, 2018 – Page 39 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 12 1/26/17 5.3 Combined Licensure. Any of the Parties to this Agreement may agree to combine their state-issued EMS licenses and to operate under one EMS license as provided by the laws of the state of Idaho and regulations of and as authorized by the state of Idaho Department of Health and Welfare Bureau of EMS. 5.4 Transition Process. Those Parties agreeing to combine their state-issued EMS licenses will do all things necessary to accomplish the transition of combining their EMS licenses and to begin and continue operating lawfully under the Ada County-City EMS System. 5.5 Creation of a DBA. When any of the Parties to this Agreement agree to combine their state-issued EMS licenses and operate under the EMS license of the Ada County-City EMS System the Board, with all Board members eligible to vote, will establish a DBA, which will hold the EMS license for the participating Part ARTICLE VI ADMINISTRATIVE COMMITTEE 6.1 Establishment of the System Administrative Committee. There is hereby established an Ada County EMS System Administrative Committee. The Administrative Committee shall serve to make recommendations to the Board. 6.1.1 Administrative Committee Membership. Voting members of the Administrative Committee shall consist of a chief administrative official from each Party. In addition, non-voting members may be invited to participate including, but not limited to: a representative from the Ada County Emergency Communications Center, representatives from hospitals located within the System, representatives from the Medical Directorate, and other EMS or health care agencies with a shared interest in emergency medical services. The attendance of three (3) voting Administrative Committee members s h a l l constitute a quorum for conducting the business of the Administrative Committee. All actions regarding a recommendation to the Board shall require a two-thirds (2/3) majority vote of all voting Administrative Committee members present. Each Party shall designate an alternate member who, in the absence of their Administrative Committee member, shall have the right to a proxy vote on all matters presented for a vote. 6.1.2 Administrative Committee Ex-officio Membership. Any legal entity or person who is providing EMS Services in the System Area under a current license issued by the EMS Bureau, either as air medical services, ambulance services, and/or non-transport services, may apply for membership on the Administrative Committee as an Ex-officio member with rights to participate in the meetings subject to the rule of the chairman, without the right to vote and without a right to participate in or attend any executive session matter or on any agenda item involving personnel or a claim of default of a Party. Meridian City Council Meeting Agenda August 14, 2018 – Page 40 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 13 1/26/17 6.1.3 Officers. Annually, during first meeting held in new Fiscal Yearin January, the Administrative Committee shall appoint a chairman and a, vice chairman, and secretary whose primary responsibilities are as follows: 6.1.3.1 The Chairman shall be a member of the Administrative Committee and shall conduct all meetings of the Administrative Committee, and shall act as the spokesperson for the Administrative Committee when presenting to the Board. 6.1.3.2 The Vice Chairman shall be a member of the Administrative Committee and shall carry out the functions of the Chairman in the absence of the Chairman and, through his/her delegate, as needed, be responsible for posting agenda notices and preparation of minutes of the Administrative Committee. The agenda for each meeting shall be sent to the members fourteen (14) days before the meeting date. The Vice Chairman shall also andperform any other duties assigned by the Administrative Committee. 6.1.3.3 The Secretary may or may not be a member of the Administrative Committee and shall be responsible for posting agenda notices and preparation of minutes of the Administrative Committee. The agenda for each meeting shall be sent to the members fourteen (14) days before the meeting date. 6.1.3.46.1.3.3 These officers shall have no powers or duties except as provided in this Agreement or conferred by the Board. 6.2. Purpose. The purpose of the Administrative Committee is to provide operational expertise as outlined in the Administrative Committee procedures and to make recommendations to the Board. The Administrative Committee will meet at least bi- monthly, but may meet more often depending on need. 6.3. Responsibility. The Administrative Committee responsibilities shall include, but are not limited to, the following: 6.3.1 Development, maintenance, and annual review of the Ada County-City EMS System Operation and Finance Plan to include, but not limited to: System deployment plan, System staffing levels and licensure levels, current and future funding needs, capital improvement plan, determination of System performance levels, assuring a quality management program, development of a S y s t e m training and education plan, and other functions not specifically identified but intended to meet the requirements for the safe and efficient operation of the EMS System. Meridian City Council Meeting Agenda August 14, 2018 – Page 41 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 14 1/26/17 6.3.1.1 Review and update annually any change in System configuration. 6.3.1.2 Prepare, in accordance with the provisions of this subsection, any reports, Standard Operating Procedures, Quality Improvement Plan, Quality Assurance Plan or budget recommendation to submit to the Board for approval prior to publication and implementation. 6.3.1.3 Provide for the coordination, planning, and provision of transport and non-transport EMS services between the Parties, which may include air medical service within the System Area. Ensure that EMS services are rendered in a timely and cost effective manner, at an optimal level of care. The Administrative Committee shall consider the current EMS standards, existing EMS service capabilities, trends, desired goals, and future EMS service capabilities for each planning component with due consideration of the limited funds available to provide such services. 6.3.1.4 The Administrative Committee shall consider, along with its accompanying maps, charts and reports, the following components and criteria: 6.3.1.4.1 The current emergency medical services system structure and performance; 6.3.1.4.2 Emergency medical services resources and capability throughout the System, to include licensees, employees, contractors, volunteers, and any demonstrated need for change; 6.3.1.4.3 Population and other pertinent demographics within the EMS System, including analyses of hospital services and past, present, and future trends in population and characteristics such as age, mortality, insurance and revenue to support EMS within the System Area; 6.3.1.4.4 Other EMS factors, including but not limited to response time standards, medical standards of care, required staffing, EMS equipment and facilities standards within the System Area, EMS System deployment plans, mutual aid agreements, competency management strategy, compensation/reimbursement plan, and data collection plan; 6.3.1.4.5 Recommended performance standards that are currently recognized under national, state and local standards and guidelines; and Meridian City Council Meeting Agenda August 14, 2018 – Page 42 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 15 1/26/17 6.3.1.4.6 Private EMS provider’s services and capabilities within the Service Area. 6.3.2 Develop, maintain and monitor EMS performance criteria by the Parties and any Medical Service Providers under contract pursuant to Section 4.6 of this Agreement. 6.3.3 Receive communications, review and make recommendations to the B o a r d regarding any ongoing operational and/or planning and/or funding issues in order to coordinate EMS service and resources, transport and non-transport and air medical service, within the System Area. 6.3.4 Conduct EMS services informational meetings and consult with public officials and agencies, the medical community, the public, and civic, educational, professional, or other organizations. 6.3.5 Other duties as may be assigned by the Board. ARTICLE VII SYSTEM MEDICAL DIRECTORATE 7.1 Establishment of the System Medical Directorate; Standards and Procedures. There is hereby established a System Medical Directorate. The Medical Directorate composition shall be two (2) qualified physicians as recommended by the Administrative Committee and appointed by the Board. The Medical Directorate members shall appoint a chairman, who shall set the agenda and preside over the meetings, serve as the spokesman for the System Medical Directorate, and serve as an ex-officio member of the Administrative Committee. The Board shall adopt administrative guidelines and procedures concerning the conduct and the responsibilities of the System Medical Directorate. 7.2 Purpose of the System Medical Directorate. The System Medical Directorate executes the duties and functions in accordance with the laws of the state of Idaho, the Rules and Regulations of the Idaho EMS Physicians’ Commission, the state of Idaho EMS Bureau, and any other rules or regulations concerning emergency medical services. 7.3 Authority. Decisions pertaining to medical oversight rendered by the System Medical Directorate shall be binding upon the Parties, unless otherwise specifically noted within this Agreement. 7.4 Responsibility. The Ada County-City EMS System Medical Directorate shall have and exercise the following duties: 7.4.1 Be responsible for the clinical management and medical oversight of the Parties’ EMS services within the System Area and for compliance with the rules and regulations of the Idaho EMS Physicians’ Commission, rules and regulations of Meridian City Council Meeting Agenda August 14, 2018 – Page 43 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 16 1/26/17 the State of Idaho EMS Bureau and any associated rules and regulations concerning emergency medical services; 7.4.2 Determine the content of the System’s Medical Supervision Plan; 7.4.3 Assess clinical ramifications of field operating procedures; 7.4.4 Evaluate the prospective clinical effects of administrative and operating proposals; 7.4.5 Establish the scope of practice of EMS personnel functioning within the System as required by the rules of the EMS Physician Commission and/or performance requirements as set forth by the System; and 7.4.6 Identify opportunities for improving the quality of medical care delivered to patients in the out of hospital setting within the System Area. 7.5 Meetings. The System Medical Directorate shall meet at least bi-monthly and at the call of the chairman. All meetings shall be conducted and noticed in accordance with the Idaho Open Meeting Laws, Sections 67-2342 through 67-2345, Idaho Code and any meeting rules adopted by the Board. A majority of the System Medical Directorate shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power. Each member of the System Medical Directorate may cast one vote during decision-making. ARTICLE VIII OTHER OBLIGATIONS OF THE PARTIES 8.1 Compliance with EMS Standards. Each Party shall at all times comply with standards established by the laws of the state of Idaho and associated regulations, as well as any other applicable federal law and/or regulation. 8.2 Agreement, Standards, Resolutions and Procedures Binding. T h e B o a r d h a s t h e authority to cooperatively exercise the powers of each Party in furtherance of the purposes of this Agreement and the operations of the System to the extent conferred by this Agreement, and to the extent allowed by governing law. 8.2.1 Each Party agrees to be bound by this Agreement, its amendments, and by the resolutions and procedures adopted by the Board within the powers granted to it by this Agreement. 8.2.2 Each Party further agrees to do all things necessary and lawful to accomplish the purpose of this Agreement, including adoption of any ordinance or resolution necessary to authorize the Party to perform under this Agreement. 8.3 Insurance. Each Party shall maintain a plan of insurance or self-insurance for comprehensive liability in compliance with the Idaho Tort Claims Act, Title 6, Chapter 9, Idaho Code. Meridian City Council Meeting Agenda August 14, 2018 – Page 44 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 17 1/26/17 8.4 Billing and Collection. Each Party is responsible for arranging the billing and collection of fees charged for the services it provides. 8.5 Individual Operation of the Parties; Allocation of Resources According to Standards Adopted by Board; Furnishing of Equipment. The Board will establish procedures and standards as well as specific direction for allocation of resources and personnel within the System as well as other subjects as provided herein. Except as provided by the System by action of the Board, each Party will provide its own equipment and supplies on its vehicles, for its personnel, payroll, and its stations. All Parties will retain control over those matters not related to the System or this Agreement, which may include, but is not limited to: budgeting, personnel decisions, equipment, offices, payroll, day-to-day operations and other related matters not impairing the operation of the System or functioning of the Board. 8.5.1 Personnel. This Agreement does not create a separate legal entity and therefore the Board shall have no authority to employ personnel directly. Personnel additions and reductions are matters entirely under the authority of the Party employing the personnel. The Board shall not take any action which is intended to terminate the employment of any employee, who is employed by a Party on the effective date of this Agreement. 8.5.2 Party Compliance with laws governing Personnel. Each Party is responsible for their compliance, in the performance of any services under this Agreement, with Idaho Code Section 67-5901 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000, et seq., as amended by the Civil Rights Act of 1991, the American with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq. as amended by the American with Disabilities Act Amendments of 2008, the Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq. the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, et seq. 8.5.3 Party to Investigate Complaints. Each Party is responsible to investigate complaints referred from the Board, the Administrative Committee, or the Medical Directorate made by or against the Party’s employees concerning matters related to their performance of services governed under this Agreement. This does not require a Party to report the results of any investigation. Each Party retains control of its personal property, personnel records, reports, and other documents for purposes of resolution or remediation of complaints. 8.6 Medical Supplies. Each Party shall provide necessary medical supplies for their personnel and equipment to operate within the System. Upon direction from the Board, the Parties shall endeavor to engage in joint purchasing of medical supplies in order to realize cost savings. 8.7 Indemnification. Each Party covenants and agrees with the other Parties to indemnify, Meridian City Council Meeting Agenda August 14, 2018 – Page 45 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 18 1/26/17 defend, and hold harmless each other Party, their officers, agents, and employees, from and against all claims, losses, actions, or judgments for damages or injury to persons or property arising from or connected to the acts and/or activities of it and/or its agents, employees, or representatives pursuant to and under the terms of this Agreement to the extent allowed by law. 8.8 Shared Use of ESO Reporting Software. The Parties, with the exception of Kuna Rural Fire District, hereby adopt Appendix A to this Agreement, for the purpose of establishing terms and conditions of the shared use of ESO Reporting Software for report writing and records storage and management. ARTICLE IX ADMINISTRATIVE SERVICES PROVIDED BY ADA COUNTY 9.1 Management of Funds and Administrative Support. The ACEMS District shall provide for the day-to-day management of the System funds as proposed by the Board through the policies and procedures established by the ACEMS District. The ACEMS District shall also provide administrative support for the Board. 9.2 Financial Advice. Ada County may make available a financial manager to the System from time to time in order to monitor the System’s financial situation and to consult with the Board concerning the same. The Board may seek their own financial manager as needed. 9.3 Legal Counsel. The Parties agree to make their respective legal counsel available for use by the Board, subject to a mutual agreement between the Party and the Board regarding the legal services to be provided and payment for those services. 9.4 Ambulance Service. The ACEMS District shall continue to provide ambulance service through its ambulance taxing district within the boundaries of the District. 9.5 Medical Supervision. The ACEMS District shall provide for a minimum of one Medical Director for the System Medical Directorate. ARTICLE X NOTICE 10.1 All notices provided for in this Agreement are to be sent to the Secretary Vice Chairman, who shall provide said notice to each Party. 10.2 Each Party shall designate in writing to the Secretary Vice Chairman their address for the receipt of official notices. Formatted: Not Highlight Formatted: Left Meridian City Council Meeting Agenda August 14, 2018 – Page 46 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 19 1/26/17 10.3 The effective date of notice given pursuant to this Agreement shall be three (3) days after the date of posting with the U.S. Postal Service of notice sent t o the Secretary Vice Chairman or upon the day of notice sent by facsimile or e-mail to the SecretaryVice Chairman. 10.4 Secretary Vice Chairman Notice Duties. The Secretary Vice Chairman, or his/her delegate, shall: 10.4.1 Receive from the Party(s) and distribute to all Parties the following: 10.4.1.2 Notices provided for in this Agreement; and 10.4.1.3 The minutes and all official actions of the Joint Powers Board. 10.4.2 Keep a current registry of the correct legal name and address of all Parties to this Agreement, each Board member, and each alternate. 10.4.3 Process notices of withdrawal and termination as provided in Article III, Sections 3.4 and 3.6 herein and proposals for amendment of this Agreement as provided in Article III, Section 3.3 and Article XI herein. ARTICLE XI AMENDMENT PROVISIONS This Agreement may only be amended in accordance with the following process: 11.1 An amendment may be proposed by a Party and/or by the Board. 11.2 The Vice Chairman, or his/her delegate, is authorized to take all actions required under this Article XI. 11.23 A proposed amendment must be in writing and must include strikethrough of any language to be deleted and underline of any new language of the proposed amendment. Any proposed amendment will be considered an amendment to the entire Agreement and must be submitted in that fashion. 11.34 A proposed amendment shall contain a 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. 11.45 The proposing Party shall also prepare and submit to the Secretary Vice Chairman a Restated and Amended Agreement form for service by the Secretary Vice Chairman in the event the proposed amendment is approved. 11.56 The proposed amendment text, Statement of Purpose and a Restated and Amended Agreement form shall be served upon the SecretaryVice Chairman by the proponent Meridian City Council Meeting Agenda August 14, 2018 – Page 47 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 20 1/26/17 Party or Board, as the case may be. 11.67 T h e Secretary Vice Chairman shall determine if the Proposed Amendment is in compliance with this Article and shall advise the proponent Party in the event it is not. 11.78 If the amendment proposal is in compliance with this Article, the proposed amendment shall be served and submitted to the Parties to this Agreement by the Secretar yVice Chairman. 11.89 All Parties’ approval is required for the approval of an amendment to this Agreement. 11.910 Parties must submit their approval, or their disapproval with reasoning, in accordance with service of notice as provided in this Agreement and within sixty (60) days of the date of the cover notice from the SecretaryVice Chairman. 11.101 The Secretary Vice Chairman 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. The amended Agreement shall be effective after all Parties have duly signed. 11.112 The Secretary Vice Chairman shall then give notice to the Parties of the results, and in the event the amendment passes, the Secretary Vice Chairman shall also include with notice to the Parties the Restated and Amended Agreement. ARTICLE XII MISCELLANEOUS PROVISIONS 12.1 This Agreement shall not relieve any Party of any obligation or responsibility imposed upon it by law. 12.2 Severability in Case of Partial Invalidity. I f a n y p o r t i o n o f t h i s A g r e e m e n t i s determined to be invalid or unenforceable as a matter of law, such invalidity or lack of enforcement shall be limited to such portion, and shall not affect any other portions or provisions, which shall be given the fullest effect permitted by law. In the event that it should ever be determined by a tribunal having appropriate jurisdiction that this Agreement is illegal or unenforceable as a matter of law, this Agreement shall be deemed to be null and void, from its inception, and the Parties hereto shall be relieved of any further performance under the terms of this Agreement. 12.3 Governing Law. This Agreement shall be governed by the laws of the State of Idaho. 12.4 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. Meridian City Council Meeting Agenda August 14, 2018 – Page 48 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 21 1/26/17 12.5 Counterparts and Process to Become a Party. This Agreement will be executed and delivered in counterparts, one for each Party, and at such time as the governing board of an agency intent upon joining 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 the Secretary, 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 the Secretary. 12.6 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. 12.7 Attorney Fees. If in the event judicial action of any kind is necessary to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover from the non- prevailing Party its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules of Civil Procedure. 12.8 Entire Agreement. This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: By: _________________________________ David L. Case, Commissioner By: _________________________________ Jim Tibbs, Commissioner By: __________________________________ Rick Visser, Commissioner Attest: ________________________ Christopher Rich, Ada County Clerk CITY OF BOISE: ______________________________ Attest: ______________________________ Meridian City Council Meeting Agenda August 14, 2018 – Page 49 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 22 1/26/17 David Bieter, Mayor Lynda Lowry, City Clerk CITY OF MERIDIAN: ______________________________ Attest: ______________________________ Tammy de Weerd, Mayor C.Jay Coles, City Clerk STAR FIRE PROTECTION DISTRICT: Attest: ______________________________ ______________________________ _____________________________ Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: ______________________________ ______________________________ ______________________________ Gary Stillwell, Board Chairman KUNA RURAL FIRE PROTECTION Attest: ____________________________ DISTRICT ____________________________ ______________________________ M.G. Bud Beatty, Jr., Board Chairman NORTH ADA FIRE & RESCUE DISTRICT: Meridian City Council Meeting Agenda August 14, 2018 – Page 50 of 198 APPENDIX A: ESO REPORTING SOFTWARE PAGE 1 OF 6 APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE This APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE (“Appendix A”), is made pursuant to Article VIII, § 8.8 of the Agreement, by and between the parties to the Agreement, with the exception of Kuna Rural Fire District. The parties to this Appendix A may each be referenced separately in this Appendix as “Party” or collectively as “Parties.” WHEREAS, the Kuna Rural Fire District shall remain a party to the Agreement as if it had not been amended by the addition of this Appendix A; the Kuna Rural Fire District is not, however, a party to this Appendix A, and it is the intention and agreement of each Party hereto that the Kuna Rural Fire District shall be exempt from all provisions of this Appendix A; WHEREAS, the Parties have determined that it is in the best interest of their respective jurisdictions to use ESO Reporting Software (“ESO”) for report writing and records storage and management; WHEREAS, it is the Parties’ desire to provide to each other mutual access to ESO’s functions and information stored therein in order to achieve economy of public resources, better coordinate public safety and emergency responses, undertake local and regional analyses and planning efforts, and work cooperatively to fulfill public service and governmental functions; WHEREAS, the records created and stored in ESO are public records, as that term is defined in Idaho Code section 74-101(13), and are therefore subject to the Idaho Public Records Act, including the requirements of and exemptions from disclosure enumerated therein; WHEREAS, to the extent that the information contained in ESO is Protected Health Information (“PHI”) as that term is defined in the Health Insurance Portability and Accountability Act (“HIPAA”), 42 U.S.C. §§ 201 et seq., such information is exempt from public disclosure under the HIPAA Privacy Rule promulgated by the U.S. Department of Health and Human Services, 45 C.F.R. §§ 164.508(a)(1) and (c), and Idaho Code § 74-104(1); and WHEREAS, under Idaho Conservation League, Inc. v. Idaho State Department of Agriculture, 143 Idaho 366 (2006) and Idaho Code section 74-102(13), a record prepared, owned, used or retained by a governmental entity remains the record of that entity, notwithstanding delegation of that agency’s custodial duties as to such record, nor the location or format in which the record is stored; WHEREAS, where two or more Parties respond to an incident, each responding fire department or district may prepare an Electronic Health Report (“EHR”) specific to each patient, Ada County Paramedics may prepare an EHR specific to each patient, and ESO will merge both EHRs into one consolidated EHR; further, each responding fire department or district may prepare a National Fire Incident Report System Report (“NFIRS Report”) specific to that incident, and ESO will merge both NFIRS into one record; Formatted: Font: Not Bold Formatted: Font: Not Bold Meridian City Council Meeting Agenda August 14, 2018 – Page 51 of 198 APPENDIX A: ESO REPORTING SOFTWARE PAGE 2 OF 6 NOW, THEREFORE, subject to the limitations of the Agreement and this Appendix A and in order to meet the objectives described above, the Parties hereby agree as follows: I. STATEMENT OF PURPOSE (AGREEMENT, ARTICLE XI). This Appendix A is proposed by the Board as an addendum to the Agreement. The purpose of this Appendix A is to establish the terms and conditions of the Parties’ use of ESO for creating and storing records of individual and joint responses to medical and fire emergencies; to coordinate a uniform approach and response to requests for records stored in ESO; to delegate to Ada County Paramedics (“ACP”) custodial responsibility for EHRs stored in ESO, which responsibility shall include, without limitation, responding to requests for such records in accordance with the Idaho Public Records Act, and records retention and destruction in accordance with the Parties’ respective retention schedules. II. PUBLIC RECORDS REQUESTS A. Requests for EHRs. The following provisions shall apply to requests and/or subpoenas duces tecum for EHRs stored in ESO. 1. Delegation of Custodial Duties. As to EHRs stored in ESO, the Parties hereby delegate to ACP their respective custodial duties, including, without limitation, the duty to timely respond to a request for such records pursuant to subpoena or Idaho Code section 74-102; to manage such records; and to protect PHI from improper disclosure pursuant to HIPAA. 2. Designation of Records Custodians. Each Party shall designate a Records Custodian, and shall notify the Vice Chairman Secretary of same. The Vice Chairman Secretary shall keep a current registry of the Parties’ respective Records Custodians, to include their names, addresses, e-mail addresses, and phone numbers. 3. Process. Whenever any Party receives a request for an EHR, the Party receiving such request shall, by 5:00 p.m. of the first business day on which the request is received, forward such request to ACP Records Custodian, and shall notify the requestor that the second Party is the custodian of the record requested, and that the request has been referred to the second Party for response. ACP shall process and respond to all requests for EHRs on behalf of the agency forwarding such request. In so doing, ACP shall observe all requirements of the Idaho Public Records Act, HIPAA, and ACP’s Records Release Policy, Designated Records Set Policy, and HIPAA Policy, copies of which are attached to this Appendix A as Exhibit A. 4. Fees. Pursuant to Idaho Code section 74-102(10), the Board of Ada County Commissioners may adopt, and ACP may assess, fees for labor, materials, and legal review related to the preparation of responses to requests for EHR. Each Party to this Appendix A shall adopt by reference the most current fee schedule established by the Board of Ada County Commissioners as it relates to EHRs stored in ESO. ACP shall notify the parties of any and all proposed and final changes to such fees. Formatted Meridian City Council Meeting Agenda August 14, 2018 – Page 52 of 198 APPENDIX A: ESO REPORTING SOFTWARE PAGE 3 OF 6 5. Petition. In the event that a requestor files a petition pursuant to Idaho Code section 74-115 contesting ACP’s decision to release or deny a record stored in ESO pursuant to the delegation of authority to ACP provided herein, the following provisions shall apply. a. Record of incident that included ACP. Where the responsive records at issue are related to an incident to which ACP responded, in whole or in part, Ada County shall defend such decision in district court and in any and all subsequent appeals. Ada County shall be responsible for all expenses related to such petition or any ruling or order related thereto, including attorney fees, costs, penalties, or sanctions. Where a petitioner joins a party other than ACP, the joined party shall be responsible for its own appearance and all expenses related thereto. b. Record of incident that did not include ACP. Where the responsive records at issue are related to an incident to which ACP did not respond at all, ACP shall, by 5:00 p.m. of the first business day on which the petition is served, forward such petition to the agency or agencies that did respond to the incident. The agencies that did respond to the incident shall move to join the petition and shall stipulate to dismissal of the petition as to ACP. B. Requests for NFIRS Reports. The following provisions shall apply to public records requests and/or subpoenas duces tecum for NFIRS reports stored in ESO. 1. Custodial duties; delegation to co-responders. Pursuant to Idaho Code sections 74- 101(3) and (13), each Party is the sole custodian of all NFIRS Reports that it prepares and/or stores in ESO. Where two or more parties respond to one incident and the NFIRS Reports they separately prepare and/or store in ESO are merged into one record, both parties are co-custodians of the merged record. To the extent that such merged records contain information prepared by multiple Parties, as to such merged records, the Parties hereby delegate to each other their respective custodial duties. 2. Response to request for agency’s own NFIRS Report. Where a Party receives a request for a NFIRS report prepared by that Party, and that Party is the only Party that prepared the requested NFIRS Report, that Party shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. 3. Response to request for another agency’s NFIRS Report. When a Party receives a request for a NFIRS Report prepared by a second Party, and the second Party is the only Party that prepared the requested NFIRS Report, the Party receiving such request shall, by 5:00 p.m. of the first business day on which the request is received, forward the request to the second Party’s Records Custodian. The Party that originally received such request shall notify the requestor that the second Party is the custodian of the record requested, and that the request has been referred to the second Party for response. The second Party shall be solely responsible for responding to the Meridian City Council Meeting Agenda August 14, 2018 – Page 53 of 198 APPENDIX A: ESO REPORTING SOFTWARE PAGE 4 OF 6 request and for any and all related risks, duties, and litigation related to the request and/or response. 4. Response to request for merged NFIRS Report. When a Party receives a request for a NFIRS Report that contains information prepared both by that Party and by a second or additional Party or Parties, and such information is merged into one record by ESO, the Party receiving such request shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation. The Party receiving such request need not notify the additional Party or Parties that such request was received, except that the Party receiving the request for such NFIRS Report shall, by 5:00 p.m. of the first business day on which the request is received, notify the Records Custodian of all Parties whose information is contained in the NFIRS Report where such NFIRS Report refers to or contains information related to the following circumstances: a. One or more casualties; b. A fire investigation; c. An intentional fire; d. Hazardous materials; e. Property loss or costs estimated at $10,000 or more; and/or f. Other circumstances under which, in the discretion of the Party receiving the request, consultation between the Parties would promote the safety, welfare, or best interest of either Party, citizens involved in the incident described in the NFIRS report, or the public. (“Extraordinary Circumstances.”) In the event that a requested NFIRS Report describes Extraordinary Circumstances, the Parties shall work together to prepare a response that is acceptable to both Parties. In the event that the Parties cannot come to consensus prior to the deadline for release of a NFIRS Report describing Extraordinary Circumstances, the Party that originally received the request shall consider the input of all other Parties, and shall provide a response to the requestor that accommodates such input as the Party that originally received the request deems practicable. In any event, as to NFIRS Reports that do and do not pertain to Extraordinary Circumstances, the Party that originally received the request shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. 5. Principles of response. In order to provide uniform responses to public records requests, the Parties to this First Addendum hereby agree that: a. Absent statutory exemption, NFIRS Reports stored in ESO shall be presumed to be subject to disclosure upon request, including, without limitation: incident reports; investigative reports and photographs; addresses and phone numbers, including location and involved persons; and responding crew member names and positions. Formatted: Space After: 6 pt Meridian City Council Meeting Agenda August 14, 2018 – Page 54 of 198 APPENDIX A: ESO REPORTING SOFTWARE PAGE 5 OF 6 b. Prior to disclosing a record which contains both PHI and information subject to disclosure, the responding agency shall redact all PHI pursuant to Idaho Code section 74-104(1), which provides that PHI is exempt from disclosure pursuant to 45 C.F.R. §§ 164.502(a) and 164.512(a)(1), promulgated by the United States Department of Health and Human Services, pursuant to 42 U.S.C. § 264(b), unless disclosure is appropriate pursuant to ACP’s HIPAA Policy, a copy of which is attached hereto as Exhibit A. c. It is acknowledged and agreed that information related to “Extraordinary Circumstances,” as enumerated above, may be subject to particular statutory standards of review and/or redaction. d. The exemption for law enforcement records set forth in Idaho Code section 74- 124(1) shall not be presumed to apply to NFIRS Reports, unless the report pertains to a suspected commission of a fire-related crime (arson, false alarm, fireworks, explosives, malicious injury to property, concealment, etc.) in which case the responding Party may be acting as a law enforcement officer for purposes of this exemption. e. Pursuant to Idaho Code section 74-103(4), any denial of a request for NFIRS Report information requires consultation with legal counsel of the Party responding to the request. f. Requested records may contain information that is both exempt and nonexempt from disclosure. Pursuant to Idaho Code section 74-112, such information must be separated and disclosed accordingly. III. RETENTION OF RECORDS IN ESO. A. Retention of Records. A record stored in ESO shall be retained not less than nineteen (19) years from the date of its creation. Pursuant to Idaho Code §§ 31-871(1)(b) and (2)(d) and 50-907(2)(e), such records shall be classified as “semipermanent” records and destroyed pursuant to resolution by the Ada County Board of Commissioners, and the corresponding city council(s) or fire district board of commissioners. B. Records retention schedule. Each Party shall incorporate into its records retention schedule a listing of records stored in ESO, with the following classifications and retention periods: Record Classification Retention period Records containing PHII Semipermanent Nineteen (19) years NFIRS incident and casualty reports Semipermanent Nineteen (19) years Investigative reports Semipermanent Nineteen (19)years Photographs Semipermanent Nineteen (19) Public records requests Semipermanent Six (6) years Meridian City Council Meeting Agenda August 14, 2018 – Page 55 of 198 APPENDIX A: ESO REPORTING SOFTWARE PAGE 6 OF 6 Meridian City Council Meeting Agenda August 14, 2018 – Page 56 of 198 APPENDIX A: ESO REPORTING SOFTWARE PAGE 1EXHIBIT A OF 6 EXHIBIT A Ada County Paramedics’ Records Release Policy, Designated Records Set Policy, and HIPAA Policy   Formatted: Centered Meridian City Council Meeting Agenda August 14, 2018 – Page 57 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 1 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY Establishing the Ada County-City EMS System (“ACCESS”) This Restated and Amended Joint Powers Agreement for the Coordinated and Cooperative Provision of Emergency Medical Services in Ada County (the “Agreement”) is entered into by and between Ada County, the Ada County Emergency Medical Services District, the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, and Star Joint Fire Protection District, and is effective as of the last date of execution of this Agreement. RECITALS; PURPOSES; AUTHORITY Purpose. The Purpose of this Agreement is to establish the Ada County-City EMS System (the “System”) and Joint Powers Board appointed by the respective Parties authorized to operate and manage the joint, coordinated, and unified provision and maintenance of pre- hospital, emergency and non-emergency medical services, including medical transport, rescue, and extrication services, within all county, city, emergency medical services district, and fire district jurisdictions within the System Area in order to provide certainty, consistency and economy in the management and delivery of EMS services. 1. Sections 67-2326 through 67-2333, Idaho Code, provide that public agencies may 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 and interagency contracts for service, activity or undertakings. This Agreement is, and shall be construed as, a joint powers agreement enacted pursuant to Sections 67-2326 through 67-2333, Idaho Code. 2. Fire Districts have authority under Sections 31-1430 and 31-1417, Idaho Code, to enter into intra-agency and mutual aid agreements. 3. The Ada County Board of Commissioners, in its capacity as the governing board of the Ada County Emergency Medical Services District (“ACEMS District”) pursuant to Chapter 39, Title 31, Idaho Code, provides emergency medical services in Ada County. ACEMS District currently holds an Advanced Life Support Level 1 EMS transport license issued by the state of Idaho. 4. The Parties to this Agreement have various levels of EMS licenses issued by the state of Idaho. Each Party shall be responsible to maintain such EMS license. Subject to Board approval, nothing in this Agreement shall prevent a Party from obtaining a higher level of licensing. 5. The governing boards of the Parties have determined that it is in the best interests of each Party and their taxpayers and for the persons residing and found within their respective boundaries, to create the System. Meridian City Council Meeting Agenda August 14, 2018 – Page 58 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 2 Now, for and in consideration of the mutual covenants and promises herein set forth, and for other good and valuable consideration hereby acknowledged by the Parties to this Agreement as having been received, the Parties hereby mutually promise, covenant and agree as follows: AGREEMENT ARTICLE I DEFINITIONS When used herein, the following words shall have the attendant meaning: 1.1 “ACEMS District” means the Ada County Emergency Medical Services District, a Party to this Agreement. 1.2 “Ada County-City EMS System” means the Ada County-City EMS System as herein created and may sometimes be referred to as the “System” or “ACCESS.” 1.3 “Ambulance” means any privately or publicly owned motor vehicle or nautical vessel, authorized to provide service in the System, used for, or intended to be used for, the transportation of sick or injured persons who may need medical attention during transport. This may include dual or multipurpose vehicles. 1.4 “Ambulance Service” means an agency, licensed to operate within the System, with the intent to provide personnel and equipment for medical treatment at an emergency scene, during transportation or during transfer of persons experiencing physiological or psychological illness or injury who may need medical attention during transport. 1.5 “Default” means any violation, failure to perform, or breach of any covenant, agreement, term or condition of this Agreement. 1.6 “Emergency Medical Services” or “EMS” means the system utilized in responding to a perceived individual need for immediate care in order to prevent loss of life or aggravation of physiological or psychological illness or injury. 1.7 “Joint Powers Board” means the System Joint Powers Board, (“Board”), formed pursuant to this Agreement, which is authorized to administer this Agreement on behalf of the Parties. 1.8 “Parties” means Ada County, the cities and districts that have executed this Agreement. 1.9 “Inclusive Area Party Agencies” means Public Agencies that are Parties to this Agreement whose boundaries include area only within Ada County, state of Idaho. Meridian City Council Meeting Agenda August 14, 2018 – Page 59 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 3 1.10 “Non-Inclusive Area Party Agencies” means Public Agencies that are Parties to this Agreement whose boundaries include area within Ada County and within Canyon County, or any other neighboring county to Ada County, state of Idaho. 1.11 “Non-transport Service” means an agency with associated apparatus and personnel licensed to operate within the System, operated with the intent to provide personnel or equipment for medical stabilization at an emergency scene, but not intended to be the service that will actually transport sick or injured persons. 1.12 “Public Agency” means any city or political subdivision of this state, including, but not limited to emergency medical service districts; fire districts; cities; and any other government subdivision of the state of Idaho, including any agency of the state of Idaho holding a current EMS license and providing EMS within or contiguous to the boundaries of Ada County. 1.13 “System Area” means all the geographic area within the boundaries of the “Inclusive Area Party Agencies” and those designated areas for inclusion within the System which are also within the boundaries of the “Non-Inclusive Area Party Agencies.” 1.13.1 The “System Area” may be modified, upon consent of all Parties, to include area within an adjoining county; 1.13.2 The “System Area” may be modified, upon consent of all Parties, to exclude area within Ada County upon the condition the area excluded will then be subject to a like “System” in an adjoining County. 1.14 “Fiscal Year” means the period of time commencing October 1 and ending on September 30 of the following year. ARTICLE II THE ADA COUNTY-CITY EMS SYSTEM (SYSTEM) 2.1 Establishment of the System. There is hereby established the Ada County-City EMS System. The System shall be created for the express purpose of providing for joint management, provision, operation, and maintenance of pre-hospital emergency and non- emergency medical services, including medical transport, rescue, and extrication services, within the System Area. The System shall exist as a joint exercise of the authority to provide EMS services by all the Parties to this Agreement, and shall be administered by a Joint Powers Board as provided in Article IV of this Agreement. The System, through the Joint Powers Board, Administrative Committee, and the Medical Directorate, shall establish standards and provide for the coordinated management, provision and maintenance of pre-hospital, emergency, and non-emergency medical services, including medical transport, rescue, and extrication services, within the System Area. Meridian City Council Meeting Agenda August 14, 2018 – Page 60 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 4 2.2 Scope of Services and Operation. The System shall coordinate the management, provision, operation and maintenance of pre-hospital, emergency, and non-emergency medical services, including medical transport, rescue, and extrication services within the System Area. The Parties shall respond to 9-1-1 and other calls necessitating the services of the System within the System Area. By this Agreement, the Parties agree to cooperatively exercise their respective powers within the System Area in a manner consistent with this Agreement. ARTICLE III PARTIES, DURATION, AMENDMENT, WITHDRAWAL AND TERMINATION 3.1 Parties to this Agreement. The Parties to this Agreement are Ada County, the Ada County Emergency Medical Services District, the City of Boise, the City of Meridian, Kuna Rural Fire District, Eagle Fire District, and Star Joint Fire Protection District. The City of Boise represents the interests of North Ada County Fire and Rescue, which withdrew as a Party, effective March 5, 2018, pursuant to Article 3.4.1. For all purposes under this Agreement, the City of Boise and North Ada County Fire and Rescue constitute one (1) Party. Each Party intends to and does by this Agreement contract with each other Party and any other Agencies as may later be added. Additional Parties may be added by resolution of the Board and amendment of this Agreement. Each Party agrees that the removal of any Party from this Agreement does not affect this Agreement with respect to each remaining Party. 3.2 Duration/Annual Renewal. This Agreement shall continue in force and effect from its Execution Date through September 30, 2013. Thereafter this Agreement may be renewed for successive one (1) year terms. Renewal terms shall be effective from October 1 through September 30 of each successive calendar year. A Party may renew this Agreement by providing written notice to all other Parties. 3.3 Amendment. This Agreement may be amended only in accordance with the provisions of Article XI. 3.4 Withdrawal. 3.4.1 No Party shall withdraw from this Agreement unless it demonstrates one or more of the following circumstances: 3.4.1.1 The withdrawing Party is insolvent or otherwise financially unable to carry out its obligations under this Agreement; 3.4.1.2 A court has determined that it is unlawful for the Party to continue to perform under or be Party to this Agreement; 3.4.1.3 A material breach of any term of this Agreement has occurred; or Meridian City Council Meeting Agenda August 14, 2018 – Page 61 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 5 3.4.1.4 Two or more Parties, after signing, consolidate services and wish to combine their representation under this Agreement as part of said consolidation. 3.4.2 Notice of withdrawal must be provided to the Parties no less than sixty (60) days before the effective date of withdrawal. However, a withdrawal shall not be effective if the condition or conditions giving rise to the withdrawal are cured to the reasonable satisfaction of the withdrawing Party within sixty (60) days after the date of notice of withdrawal is provided. 3.4.3 Withdrawing Party to Cease EMS Services In Service Area. Each Party agrees, as a special consideration to each other Party, that in the event they withdraw from this Agreement, either by voluntarily withdrawing or for cause by default, that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Department of Health and Welfare Bureau of EMS as that license authorizes EMS services in the System Area by that Party. In the event a withdrawing Party fails to cease to provide EMS services in the System Area, the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. 3.5 Complaints. The authority to investigate a complaint against a Party may be conducted by the Administrative Committee or by the Board, when involving cause for termination. Member/s of the Party or Parties who are the subject of the complaint cannot vote on motions to proceed with the investigation or matters related to the conduct or financing of the investigation. Each Party shall cooperate with any investigation of complaints regarding performance of services governed under this Agreement. 3.5.1 Complaints involving personnel of a Party are to be treated as described in Section 8.5.3 of this Agreement. 3.6 Party Termination. 3.6.1 For Cause. A Party may be terminated from this Agreement by action of the Board for cause in the event they are in default of this Agreeme n t . P r i o r t o termination of a Party the Board shall conduct a hearing to determine if there is a default of this Agreement that has not been cured by the defaulting Party. The following procedures shall be met: 3.6.1.1 The Board shall provide to the defaulting Party fourteen (14) days written notice of a hearing to show cause. 3.6.1.2 The notice shall specify the reasons for the default and the intention to terminate the Party as a Party to this Agreement. Meridian City Council Meeting Agenda August 14, 2018 – Page 62 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 6 3.6.1.3 In the event the default is cured within the fourteen (14) days and before the commencement of the scheduled hearing before the Board, the Board shall so note on the record of the proceedings and the hearing shall then be concluded. 3.6.1.4 In the event the default is not cured, the Board shall, upon conclusion of their deliberation, issue findings of fact and conclusions of law and order of decision within thirty (30) days of the date of the hearing. 3.6.1.5 A Board member representing a Party that the Board is considering terminating shall recuse himself/herself from voting on the termination and all proceedings involved in the matter of termination. 3.6.2 Effect of Termination. The termination or withdrawal of any Party pursuant to this subsection shall not constitute a termination of the entire Agreement, and the remaining Parties shall continue to perform under this Agreement for the remainder of the contract term. 3.6.3 Terminated Party to Cease EMS Services In Service Area. Each Party agrees, as a special consideration to each other Party, that in the event they are terminated from this Agreement, either by voluntarily withdrawing or for cause by default, that they will cease to provide EMS services in the System Area for the remainder of the Agreement term and shall either forfeit or modify their EMS license to the Idaho Department of Health and Welfare EMS Bureau as that license authorizes the provision of EMS services in the System Area by that Party. In the event a terminated Party fails to cease to provide EMS services in the System Area, the remaining Parties may seek specific performance of this provision of the Agreement and may also seek temporary and permanent injunctive relief in an action for specific performance filed in a court of competent jurisdiction. ARTICLE IV ADMINISTRATION OF THE ADA COUNTY-CITY EMS SYSTEM JOINT POWERS BOARD 4.1 Establishment of the Joint Powers Board; Membership; Officers. 4.1.1 Establishment of the Board. There is hereby established the Joint Powers Board of the System. The Joint Powers Board shall serve as the governing board of the System and operate the System on behalf of the Parties. 4.1.2 Joint Powers Board Membership. The Ada County-City EMS System (ACCESS) shall be governed by the Board whose membership shall consist of one (1) elected official representing each Party, and a total of two (2) elected officials of the ACEMS District/Ada County Board of Commissioners. Meridian City Council Meeting Agenda August 14, 2018 – Page 63 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 7 4.1.2.1 Each Party shall also designate an alternate elected official to serve in the absence of their designated Board member. 4.1.2.2 Each Party’s appointee shall be given the authority to vote on all matters before the Board with the exception of financial decisions requiring the appropriation and/or expenditure of funds by the Party. 4.1.3 Officers. Annually, during first meeting held in new Fiscal Year, the Joint Powers Board shall elect a chairman and a vice chairman whose primary responsibilities are as follows: 4.1.3.1 The Chairman shall be a member of the Board and shall conduct all meetings of the Board and execute all contracts and resolutions on behalf of and as authorized by the Board and any other duties assigned by the Board; and 4.1.3.2 The Vice Chairman shall be a member of the Board and shall carry out the functions of the Chairman in the absence of the Chairman and, through his/her delegate, as needed, be responsible for posting agenda notices and preparation of minutes of the Board and for maintaining the records of the Board and any other duties assigned by the Board; and 4.1.3.3 These officers shall have no powers or duties except as provided in this Agreement. 4.2 Powers, Duties and Operations of the Joint Powers Board. 4.2.1 Powers. Pursuant to Section 67-2328, Idaho Code, the Board is responsible to operate and manage the System. In order to accomplish the Purpose of this Agreement, the Joint Powers Board shall have, in addition to other powers provided herein, the authority to adopt procedures for its operation as well as to adopt standards for the coordinated management, provision, operation and maintenance of pre-hospital, emergency, and non-emergency medical services, including medical transport, rescue, and extrication services, within the System Area. The Board shall have discretionary powers to manage and conduct the business and affairs of the Ada County-City EMS System. However, the governing board of a Party shall approve any action that will financially obligate that Party. The discretionary powers shall include, but not be limited to, the following: 4.2.1.1 Receive recommendations from the Administrative Committee and the Medical Directorate; Meridian City Council Meeting Agenda August 14, 2018 – Page 64 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 8 4.2.1.2 Approve procedures for the operation, meeting, and other administrative matters of the Board and the System; 4.2.1.3 Approve the Standard Operating Procedures for the System. However, any standards approved regarding qualifications for holding a position shall provide an exemption for any personnel of any Party who at the effective date of this Agreement holds such a position unless contrary to law; 4.2.1.4 Adopt medical protocols and other matters related to the Medical Directorate; 4.2.1.5 Approve response standards, including policies regarding dispatch responses; 4.2.1.6 Provide recommendations to a Party’s respective governing body regarding the Party’s agency licensure levels within the System; 4.2.1.7 Recommend for approval, as set forth in section 4.4 of this Agreement, a budget and financial plan as well as subsequent funding, including joint purchasing of property; 4.2.1.8 Approve the allocation of resources, including stationing of personnel and vehicles; 4.2.1.9 Adopt a training and education plan for licensed personnel; 4.2.1.10 Approve the deployment plan of EMS equipment; 4.2.1.11 Recommend that the Board acquire, hold, and dispose of real and personal property jointly owned by and used in the System; 4.2.1.12 Deal with other matters necessary and convenient in furtherance of the Purpose of this Agreement; 4.2.1.13 Identify matters that require approval of the Parties’ governing boards; 4.2.1.14 Comply with the Idaho Open Meetings laws; 4.2.1.15 Operate on a fiscal year from October 1 through September 30; and 4.2.1.16 Adopt, administer and implement EMS standards, protocols and procedures. If EMS standards, protocols and procedures adopted by the Board impose higher standards than are required by any state statute or rule the standards and procedures adopted by the Board shall apply to the Parties to the extent allowed by law in the System Area. Meridian City Council Meeting Agenda August 14, 2018 – Page 65 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 9 4.2.2 As required by law, the Board shall report to the Idaho Department of Health and Welfare EMS Bureau any findings of Agency violation of state EMS laws or rules which occurred within the System Area. 4.2.3 Resolutions and Board procedures shall be compiled and organized according to subject and maintained by the Joint Powers Board, which shall provide each Party with a copy of all resolutions and procedures. 4.2.4 The approval of the governing board of each Party is required for any matter approved by the Joint Powers Board that includes financial contribution by a Party, including the purchase of real property and personal property. 4.3 Meetings, decisions, and communication. The Board shall adopt rules of procedure for the conduct of their meetings that are consistent with the provisions of this Agreement. 4.3.1 The Board shall meet regularly to confer and carry out the business of the Board and the System in the following manner: 4.3.1.1 For all meetings of the Board fifty percent (50%) of the members of the full Board shall constitute a quorum for the purposes of conducting business. 4.3.1.2 All motions, resolutions, and actions of approval on any matter by the Board require a unanimous vote of the Board members present. 4.3.1.1.1 In regard to matters before the Board that only involve a combined licensure as provided in Article V of this Agreement, only the Board members of Parties that have combined their licenses may vote. 4.3.1.3 The Board must provide at least fourteen (14) days advance written notice to all Parties when considering all matters requiring a vote of the Board members. 4.3.1.4 Only Board members, or their alternates, shall have voting privileges. 4.3.1.5 In the event a Party’s Board member or designated alternate fails to attend three (3) consecutive meetings or fails to attend more than one- half of the meetings of the Board within a Fiscal Year, notice of absence shall be sent to the offending Party which notice shall b e withdrawn if the offending Party’s Board member appears at the next regularly scheduled meeting and shows good cause for the absences and presents a commitment to regular attendance in the future. In the event the offending Party does not appear and show good cause then the same shall constitute a material breach of the terms of this Meridian City Council Meeting Agenda August 14, 2018 – Page 66 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 10 Agreement and the offending Party will be subject to termination provisions of Section 3.6 of this Agreement and the notice of absence shall stand as a notice of default. 4.3.2 The Board shall create a written annual report concerning the status of the System, at a date set in the procedures of the Board, but in no event not less than once per year. This report shall include all matters the Joint Powers Board determines to be relevant to the operation of the System, including the Budget (as described in 4.4), and any matter that may be required by the State EMS Bureau or by state or federal law. 4.4 Finances. On or before March 1 of each year, the Board shall propose an Ada County- City EMS System Budget (the “Budget”) for approval by the ACEMS District Board. 4.4.1 The Budget shall include vehicle license registration fees designated for and remitted to the ACEMS District for that fiscal year. The Budget may also include contribution payments to the System by the Parties to this Agreement. Commencing in the fourth renewal year of this Agreement, the Budget shall also include property tax funds contributed for that fiscal year by the ACEMS District Board pursuant to Chapter 39, Title 31, Idaho Code. 4.4.2 The Budget shall identify anticipated expenditures for the System up to the amount included in the Budget in Section 4.4.1. The expenditures in the Budget shall be developed in accordance with the statutory purpose that the vehicle license registration fees be used for the provision of EMS services within the ACEMS District. Further, commencing in the fourth renewal year of this Agreement, the expenditures in the Budget shall be developed in accordance with the statutory purpose that the property tax funds levied by the ACEMS District shall be used for the provision of ambulance service within Ada County. 4.4.3 A division for the System shall be established within the ACEMS District Budget, which shall include income line items and expenditure line items as allocated by the ACEMS District Board. The income line items shall include, if applicable: (1) vehicle license registration fees as described in Section 4.4.1 above; (2) contribution payments from the Parties; and (3) tax funds being contributed by the ACEMS District for System expenditures as described in Section 4.4.1 above. The expenditure line items shall include, if applicable: (1) personnel expenses; (2) capital expenses; and (3) operating expenses. 4.4.4 If the Budget includes contribution payments by Parties other than the ACEMS District, then on or before March 1, the Board shall submit the Budget to each Party’s governing board for the appropriation of any contribution payment by that Party. 4.4.5 The Parties shall set their own budgets in a timely manner with consideration to the Budget as proposed by the Board. Meridian City Council Meeting Agenda August 14, 2018 – Page 67 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 11 4.4.6 If the Board fails to submit a Budget to the ACEMS District Board for approval, then the Parties shall set their own budgets. 4.4.7 Capital investments requiring additional expenditures will be funded through extra appropriations as proposed by the Board, subject to approval by each Party’s governing board. 4.5 Joint Purchasing. Pursuant to Section 67-2807, Idaho Code, the Board, subject to approval of the Parties’ governing boards as required by other provisions of this Agreement, may authorize joint purchasing of any real or personal property consistent with the laws of the state of Idaho. Prior to the Board approving any joint purchase, the Board shall identify by resolution the plan for distribution and/or ownership of property jointly owned by the Parties upon the withdrawal or termination of a Party. 4.6 Agreements with other Medical Service Providers. The Board may enter into agreements with medical service providers other than those that a r e P a r t i e s t o t h i s Agreement in order to provide for EMS services and/or to provide mutual aid to the System or any medical service provider. Such agreements may be with public or private agencies and may incorporate any of the terms and conditions contained herein and any other terms and conditions the Parties may deem appropriate. Such agreements shall not authorize a medical service provider to directly compete with any Party to this Agreement for the provision of EMS services, nor shall such agreement extend any voting rights to any Party to this Agreement for the provision of EMS service, nor shall such agreement extend any voting rights to the Party with whom the agreement is made. ARTICLE V LICENSURE 5.1 Inclusive Licensure. The Parties hereby agree to maintain their state-issued EMS licenses and operate in accordance with the laws of the state of Idaho and associated regulations of the Idaho Department of Health and Welfare. 5.2 Establishment of the Ada County-City EMS System. The Board shall, together with the Parties’ governing boards, comply with Idaho Code §§ 53-501—510, “The Assumed Business Names Act of 1997” to conduct the business of the System under the name and style of Ada County-City EMS System. 5.3 Combined Licensure. Any of the Parties to this Agreement may agree to combine their state-issued EMS licenses and to operate under one EMS license as provided by the laws of the state of Idaho and regulations of and as authorized by th e s t a t e o f I d a h o Department of Health and Welfare Bureau of EMS. 5.4 Transition Process. Those Parties agreeing to combine their state-issued EMS licenses will do all things necessary to accomplish the transition of combining their EMS licenses and to begin and continue operating lawfully under the Ada County-City EMS System. Meridian City Council Meeting Agenda August 14, 2018 – Page 68 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 12 ARTICLE VI ADMINISTRATIVE COMMITTEE 6.1 Establishment of the System Administrative Committee. There is hereby established an Ada County EMS System Administrative Committee. The Administrative Committee shall serve to make recommendations to the Board. 6.1.1 Administrative Committee Membership. Voting members of the Administrative Committee shall consist of a chief administrative official from each Party. In addition, non-voting members may be invited to participate including, but not limited to: a representative from the Ada County Emergency Communications Center, representatives from hospitals located within the System, representatives from the Medical Directorate, and other EMS or health care agencies with a shared interest in emergency medical services. The attendance of three (3) voting Administrative Committee members shall constitute a quorum for conducting the business of the Administrative Committee. All actions regarding a recommendation to the Board shall require a two-thirds (2/3) majority vote of all voting Administrative Committee members present. Each Party shall designate an alternate member who, in the absence of their Administrative Committee member, shall have the right to a proxy vote on all matters presented for a vote. 6.1.2 Administrative Committee Ex-officio Membership. Any legal entity or person who is providing EMS Services in the System Area under a current license issued by the EMS Bureau, either as air medical services, ambulance services, and/or non-transport services, may apply for membership on the Administrative Committee as an Ex-officio member with rights to participate in the meetings subject to the rule of the chairman, without the right to vote and without a right to participate in or attend any executive session matter or on any agenda item involving personnel or a claim of default of a Party. 6.1.3 Officers. Annually, during first meeting held in new Fiscal Year, the Administrative Committee shall appoint a chairman and a vice chairman whose primary responsibilities are as follows: 6.1.3.1 The Chairman shall be a member of the Administrative Committee and shall conduct all meetings of the Administrative Committee, and shall act as the spokesperson for the Administrative Committee when presenting to the Board. 6.1.3.2 The Vice Chairman shall be a member of the Administrative Committee and shall carry out the functions of the Chairman in the absence of the Chairman and, through his/her delegate, as needed, be responsible for posting agenda notices and preparation of minutes of the Administrative Committee. The agenda for each meeting shall be sent to the members fourteen (14) days before the Meridian City Council Meeting Agenda August 14, 2018 – Page 69 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 13 meeting date. The Vice Chairman shall also perform any other duties assigned by the Administrative Committee. 6.1.3.3 These officers shall have no powers or duties except as provided in this Agreement or conferred by the Board. 6.2. Purpose. The purpose of the Administrative Committee is to provide operational expertise as outlined in the Administrative Committee procedures and to make recommendations to the Board. The Administrative Committee will meet at least bi- monthly, but may meet more often depending on need. 6.3. Responsibility. The Administrative Committee responsibilities shall include, but are not limited to, the following: 6.3.1 Development, maintenance, and annual review of the Ada County-City EMS System Operation and Finance Plan to include, but not limited to: System deployment plan, System staffing levels and licensure levels, current and future funding needs, capital improvement plan, determination of System performance levels, assuring a quality management program, development of a S y s t e m training and education plan, and other functions not specifically identified but intended to meet the requirements for the safe and efficient operation of the EMS System. 6.3.1.1 Review and update annually any change in System configuration. 6.3.1.2 Prepare, in accordance with the provisions of this subsection, any reports, Standard Operating Procedures, Quality Improvement Plan, Quality Assurance Plan or budget recommendation to submit to the Board for approval prior to publication and implementation. 6.3.1.3 Provide for the coordination, planning, and provision of transport and non-transport EMS services between the Parties, which may include air medical service within the System Area. Ensure that EMS services are rendered in a timely and cost effective manner, at an optimal level of care. The Administrative Committee shall consider the current EMS standards, existing EMS service capabilities, trends, desired goals, and future EMS service capabilities for each planning component with due consideration of the limited funds available to provide such services. 6.3.1.4 The Administrative Committee shall consider, along with its accompanying maps, charts and reports, the following components and criteria: Meridian City Council Meeting Agenda August 14, 2018 – Page 70 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 14 6.3.1.4.1 The current emergency medical services system structure and performance; 6.3.1.4.2 Emergency medical services resources and capability throughout the System, to include licensees, employees, contractors, volunteers, and any demonstrated need for change; 6.3.1.4.3 Population and other pertinent demographics within the EMS System, including analyses of hospital services and past, present, and future trends in population and characteristics such as age, mortality, insurance and revenue to support EMS within the System Area; 6.3.1.4.4 Other EMS factors, including but not limited to response time standards, medical standards of care, required staffing, EMS equipment and facilities standards within the System Area, EMS System deployment plans, mutual aid agreements, competency management strategy, compensation/reimbursement plan, and data collection plan; 6.3.1.4.5 Recommended performance standards that are currently recognized under national, state and local standards and guidelines; and 6.3.1.4.6 Private EMS provider’s services and capabilities within the Service Area. 6.3.2 Develop, maintain and monitor EMS performance criteria by the Parties and any Medical Service Providers under contract pursuant to Section 4.6 of this Agreement. 6.3.3 Receive communications, review and make recommendations to the Board regarding any ongoing operational and/or planning and/or funding issues in order to coordinate EMS service and resources, transport and non-transport and air medical service, within the System Area. 6.3.4 Conduct EMS services informational meetings and consult with public officials and agencies, the medical community, the public, and civic, educational, professional, or other organizations. 6.3.5 Other duties as may be assigned by the Board. Meridian City Council Meeting Agenda August 14, 2018 – Page 71 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 15 ARTICLE VII SYSTEM MEDICAL DIRECTORATE 7.1 Establishment of the System Medical Directorate; Standards and Procedures. There is hereby established a System Medical Directorate. The Medical Directorate composition shall be two (2) qualified physicians as recommended by the Administrative Committee and appointed by the Board. The Medical Directorate members shall appoint a chairman, who shall set the agenda and preside over the meetings, serve as the spokesman for the System Medical Directorate, and serve as an ex-officio member of the Administrative Committee. The Board shall adopt administrative guidelines and procedures concerning the conduct and the responsibilities of the System Medical Directorate. 7.2 Purpose of the System Medical Directorate. The System Medical Directorate executes the duties and functions in accordance with the laws of the state of Idaho, the Rules and Regulations of the Idaho EMS Physicians’ Commission, the state of Idaho EMS Bureau, and any other rules or regulations concerning emergency medical services. 7.3 Authority. Decisions pertaining to medical oversight rendered by the System Medical Directorate shall be binding upon the Parties, unless otherwise specifically noted within this Agreement. 7.4 Responsibility. The Ada County-City EMS System Medical Directorate shall have and exercise the following duties: 7.4.1 Be responsible for the clinical management and medical oversight of the Parties’ EMS services within the System Area and for compliance with the rules and regulations of the Idaho EMS Physicians’ Commission, rules and regulations of the State of Idaho EMS Bureau and any associated rules and regulations concerning emergency medical services; 7.4.2 Determine the content of the System’s Medical Supervision Plan; 7.4.3 Assess clinical ramifications of field operating procedures; 7.4.4 Evaluate the prospective clinical effects of administrative and operating proposals; 7.4.5 Establish the scope of practice of EMS personnel functioning within the System as required by the rules of the EMS Physician Commission and/or performance requirements as set forth by the System; and 7.4.6 Identify opportunities for improving the quality of medical care delivered to patients in the out of hospital setting within the System Area. Meridian City Council Meeting Agenda August 14, 2018 – Page 72 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 16 7.5 Meetings. The System Medical Directorate shall meet at least bi-monthly and at the call of the chairman. All meetings shall be conducted and noticed in accordance with the Idaho Open Meeting Laws, Sections 67-2342 through 67-2345, Idaho Code and any meeting rules adopted by the Board. A majority of the System Medical Directorate shall constitute a quorum for the transaction of any business, for the performance of any duty, or for the exercise of any power. Each member of the System Medical Directorate may cast one vote during decision-making. ARTICLE VIII OTHER OBLIGATIONS OF THE PARTIES 8.1 Compliance with EMS Standards. Each Party shall at all times comply with standards established by the laws of the state of Idaho and associated regulations, as well as any other applicable federal law and/or regulation. 8.2 Agreement, Standards, Resolutions and Procedures Binding. T h e B o a r d h a s t h e authority to cooperatively exercise the powers of each Party in furtherance of the purposes of this Agreement and the operations of the System to the extent conferred by this Agreement, and to the extent allowed by governing law. 8.2.1 Each Party agrees to be bound by this Agreement, its amendments, and by the resolutions and procedures adopted by the Board within the powers granted to it by this Agreement. 8.2.2 Each Party further agrees to do all things necessary and lawful to accomplish the purpose of this Agreement, including adoption of any ordinance or resolution necessary to authorize the Party to perform under this Agreement. 8.3 Insurance. E a c h P a r t y s h a l l m a i n t a i n a p l a n o f i n s u r a n c e o r s e l f - i n s u r a n ce for comprehensive liability in compliance with the Idaho Tort Claims Act, Title 6, Chapter 9, Idaho Code. 8.4 Billing and Collection. Each Party is responsible for arranging the billing and collection of fees charged for the services it provides. 8.5 Individual Operation of the Parties; Allocation of Resources According to Standards Adopted by Board; Furnishing of Equipment. The Board will establish procedures and standards as well as specific direction for allocation of resources and personnel within the System as well as other subjects as provided herein. Except as provided by the System by action of the Board, each Party will provide its own equipment and supplies on its vehicles, for its personnel, payroll, and its stations. All Parties will retain control over those matters not related to the System or this Agreement, which may include, but is not limited to: budgeting, personnel decisions, equipment, offices, payroll, day-to-day operations and other related matter s n o t i m p a i r i n g t h e operation of the System or functioning of the Board. Meridian City Council Meeting Agenda August 14, 2018 – Page 73 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 17 8.5.1 Personnel. This Agreement does not create a separate legal entity and therefore the Board shall have no authority to employ personnel directly. Personnel additions and reductions are matters entirely under the authority of the Party employing the personnel. The Board shall not take any action which is intended to terminate the employment of any employee, who is employed by a Party on the effective date of this Agreement. 8.5.2 Party Compliance with laws governing Personnel. Each Party is responsible for their compliance, in the performance of any services under this Agreement, with Idaho Code Section 67-5901 et seq., Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000, et seq., as amended by the Civil Rights Act of 1991, the American with Disabilities Act of 1990, 42 U.S.C. Section 12101, et seq. as amended by the American with Disabilities Act Amendments of 2008, the Rehabilitation Act of 1973, 29 U.S.C. Section 701, et seq. the Age Discrimination in Employment Act of 1967, 29 U.S.C. Section 621, et seq. 8.5.3 Party to Investigate Complaints. Each Party is responsible to investigate complaints referred from the Board, the Administrative Committee, or the Medical Directorate made by or against the Party’s employees concerning matters related to their performance of services governed under this Agreement. This does not require a Party to report the results of any investigation. Each Party retains control of its personal property, personnel records, reports, and other documents for purposes of resolution or remediation of complaints. 8.6 Medical Supplies. Each Party shall provide necessary medical supplies for their personnel and equipment to operate within the System. Upon direction from the Board, the Parties shall endeavor to engage in joint purchasing of medical supplies in order to realize cost savings. 8.7 Indemnification. Each Party covenants and agrees with the other Parties to indemnify, defend, and hold harmless each other Party, their officers, agents, and employees, from and against all claims, losses, actions, or judgments for damages or injury to persons or property arising from or connected to the acts and/or activities of it and/or its agents, employees, or representatives pursuant to and under the terms of this Agreement to the extent allowed by law. 8.8 Shared Use of ESO Reporting Software. The Parties, with the exception of Kuna Rural Fire District, hereby adopt Appendix A to this Agreement, for the purpose of establishing terms and conditions of the shared use of ESO Reporting Software for report writing and records storage and management. Meridian City Council Meeting Agenda August 14, 2018 – Page 74 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 18 ARTICLE IX ADMINISTRATIVE SERVICES PROVIDED BY ADA COUNTY 9.1 Management of Funds and Administrative Support. The ACEMS District shall provide for the day-to-day management of the System funds as proposed by the Board through the policies and procedures established by the ACEMS District. The ACEMS District shall also provide administrative support for the Board. 9.2 Financial Advice. Ada County may make available a financial manager to the System from time to time in order to monitor the System’s financial situation and to consult with the Board concerning the same. The Board may seek their own financial manager as needed. 9.3 Legal Counsel. The Parties agree to make their respective legal counsel available for use by the Board, subject to a mutual agreement between the Party and the Board regarding the legal services to be provided and payment for those services. 9.4 Ambulance Service. The ACEMS District shall continue to provide ambulance service through its ambulance taxing district within the boundaries of the District. 9.5 Medical Supervision. The ACEMS District shall provide for a minimum of one Medical Director for the System Medical Directorate. ARTICLE X NOTICE 10.1 All notices provided for in this Agreement are to be sent to the Vice Chairman, who shall provide said notice to each Party. 10.2 Each Party shall designate in writing to the Vice Chairman their address for the receipt of official notices. 10.3 The effective date of notice given pursuant to this Agreement shall be three (3) days after the date of posting with the U.S. Postal Service of notice sent to the Vice Chairman or upon the day of notice sent by facsimile or e-mail to the Vice Chairman. 10.4 Vice Chairman Notice Duties. The Vice Chairman, or his/her delegate, shall: 10.4.1 Receive from the Party(s) and distribute to all Parties the following: 10.4.1.2 Notices provided for in this Agreement; and 10.4.1.3 The minutes and all official actions of the Joint Powers Board. 10.4.2 Keep a current registry of the correct legal name and address of all Parties to this Agreement, each Board member, and each alternate. Meridian City Council Meeting Agenda August 14, 2018 – Page 75 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 19 10.4.3 Process notices of withdrawal and termination as provided in Article III, Sections 3.4 and 3.6 herein and proposals for amendment of this Agreement as provided in Article III, Section 3.3 and Article XI herein. ARTICLE XI AMENDMENT PROVISIONS This Agreement may only be amended in accordance with the following process: 11.1 An amendment may be proposed by a Party and/or by the Board. 11.2 The Vice Chairman, or his/her delegate, is authorized to take all actions required under this Article XI. 11.3 A proposed amendment must be in writing and must include strikethrough of any language to be deleted and underline of any new language of the proposed amendment. Any proposed amendment will be considered an amendment to the entire Agreement and must be submitted in that fashion. 11.4 A proposed amendment shall contain a 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. 11.5 The proposing Party shall also prepare and submit to the Vice Chairman a Restated and Amended Agreement form for service by the Vice Chairman in the event the proposed amendment is approved. 11.6 The proposed amendment text, Statement of Purpose and a Restated and Amended Agreement form shall be served upon the Vice Chairman by the proponent Party or Board, as the case may be. 11.7 The Vice Chairman shall determine if the Proposed Amendment is in compliance with this Article and shall advise the proponent Party in the event it is not. 11.8 If the amendment proposal is in compliance with this Article, the proposed amendment shall be served and submitted to the Parties to this Agreement by the Vice Chairman. 11.9 All Parties’ approval is required for the approval of an amendment to this Agreement. 11.10 Parties must submit their approval, or their disapproval with reasoning, in accordance with service of notice as provided in this Agreement and within sixty (60) days of the date of the cover notice from the Vice Chairman. 11.11 The Vice Chairman 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. The amended Agreement shall be effective after all Parties have duly signed. Meridian City Council Meeting Agenda August 14, 2018 – Page 76 of 198 RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY – PAGE 20 11.12 The Vice Chairman shall then give notice to the Parties of the results, and in the event the amendment passes, the Vice Chairman shall also include with notice to the Parties the Restated and Amended Agreement. ARTICLE XII MISCELLANEOUS PROVISIONS 12.1 This Agreement shall not relieve any Party of any obligation or responsibility imposed upon it by law. 12.2 Severability in Case of Partial Invalidity. If any portion of this Agreement is determined to be invalid or unenforceable as a matter of law, such invalidity or lack of enforcement shall be limited to such portion, and shall not affect any other portions or provisions, which shall be given the fullest effect permitted by law. In the event that it should ever be determined by a tribunal having appropriate jurisdiction that this Agreement is illegal or unenforceable as a matter of law, this Agreement shall be deemed to be null and void, from its inception, and the Parties hereto shall be relieved of any further performance under the terms of this Agreement. 12.3 Governing Law. This Agreement shall be governed by the laws of the State of Idaho. 12.4 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. 12.5 Counterparts and Process to Become a Party. This Agreement will be executed and delivered in counterparts, one for each Party, and at such time as the governing board of an agency intent upon joining 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 the Secretary, 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 the Secretary. 12.6 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. 12.7 Attorney Fees. If in the event judicial action of any kind is necessary to enforce the terms of this Agreement, the prevailing Party shall be entitled to recover from the non- prevailing Party its reasonable attorney fees and costs as provided by Idaho law and the Idaho Rules of Civil Procedure. Meridian City Council Meeting Agenda August 14, 2018 – Page 77 of 198 12.8 Entire Agreement. This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARDADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: By: 7� L aj2-? vid . Case, Commissioner By: Ji i2Commlst Toner By:c Rick Aser, Commissioner Attest: Christopher Rich, Ada County Jerk by Trent Tripple, Assistant Chief Deputy Clerk CITY OF BOISE: David Bieter, Mayor CITY OF MERIDIAN: Attest: Lynda Lowry, City Clerk Attest: Tammy de Weerd, Mayor C.Jay Coles, City Clerk STAR FIRE PROTECTION DISTRICT: Attest: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: Gary Stillwell, Board Chairman KUNA RURAL FIRE PROTECTION Attest: _ DISTRICT M.G. Bud Beatty, Jr., Board Chairman RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 21 12.8 Entire Agreement. This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: David L. Case, Commissioner Jim Tibbs, Commissioner Rick Visser, Commissioner CITY OF BOISE: Attest: Christopher Rich, Ada County Clerk O�PSED AUGUST Attest: David Bieter, Mayor =�o�Q ,moo Lynda Lowry, City Cleric CITY OF MERIDIAN: c IIy of w E IDIAN- IDAHO SEAL est: Tammy e eerd, Mayor C ,P- ay Coles , C ty Cler 2���Ojthe TREPSJ�� . STAR FIRE PROTECTION DISTRI Attest: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: Gary Stillwell, Board Chairman KUNA RURAL FIRE PROTECTION Attest: DISTRICT M.G. Bud Beatty, Jr., Board Chairman RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 21 12.8 Entire Agreement. This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: LIN ILE David L. Case, Commissioner Jim Tibbs, Commissioner Rick Visser, Commissioner CITY OF BOISE: David Bieter, Mayor CITY OF MERIDIAN: Tammy de Weerd, Mayor STAR FIRE PROTECTION DISTRICT: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Gary Stillwell, Board Chairman KUNA RURAL FIRE PROTECTION DISTRICT M.G. Bud Beatty, Jr., Board Chairman Attest: Christopher Rich, Ada County Clerk Attest: C.Jay Coles, City Clerk Attest: Attest: Attest: RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 21 1.2.8 Entire Agreement. This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: am L: David L. Case, Commissioner Jim Tibbs, Commissioner Rick Visser, Commissioner CITY OF BOISE: David Bieter, Mayor CITY OF MERIDIAN: Tammy de Weerd, Mayor STAR FIRE PROTECTION DISTRICT: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Gary Stillwell, Board Chairman KUNA RURAL FIRE PROTECTION DISTRICT M.G. Bud Beatty, Jr., Board Chairman Attest: Christopher Rich, Ada County Clerk Attest: Lynda Lowry, City Clerk Attest: + C.-1—sy Coles, City Clerk Attest: j Attest: Attest: RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 21 12.8 Entire Agreement. This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: By: David L. Case, Commissioner By: Jim Tibbs, Commissioner By: Rick Visser, Commissioner CITY OF BOISE: David Bieter, Mayor CITY OF MERIDIAN: Tammy de Weerd, Mayor STAR FIRE PROTECTION DISTRICT: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: &,'� jt0&.AJ& Gary Still , Board Chairman KUNA RURAL FIRE PROTECTION DISTRICT M.G. Bud Beatty, Jr., Board Chairman Attest: _ Christopher Rich, Ada County Clerk Attest: Lynda Lowry, City Clerk Attest: Attest: Attest: C.Jay Coles, City Clerk =41"'d 1 + RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 21 12.8 Entire Agreement. This is the entire agreement between the Parties and may be modified only as provided herein. BOARD OF ADA COUNTY COMMISSIONERS and BOARD OF ADA COUNTY EMERGENCY MEDICAL SERVICES DISTRICT: By: David L. Case, Commissioner LO -A Jim Tibbs, Commissioner By: Rick Visser, Commissioner CITY OF BOISE: Attest: David Bieter, Mayor CITY OF MERIDIAN: Attest: Tammy de Weerd, Mayor STAR FIRE PROTECTION DISTRICT: Attest: Jared Moyle, Board Chairman EAGLE FIRE PROTECTION DISTRICT: Attest: Gary Stillwell, Board Chairman KUNA RURAL FIRE DISTRICT M.G. Bud Beatty, Jr., Board Ch an Attest: Christopher Rich, Ada County Clerk Lynda Lowry, City Clerk C.Jay Coles, City Clerk RESTATED AND AMENDED JOINT POWERS AGREEMENT FOR THE COORDINATED AND COOPERATIVE PROVISION OF EMERGENCY MEDICAL SERVICES IN ADA COUNTY — PAGE 21 APPENDIX A: ESO REPORTING SOFTWARE PAGE 1 APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE This APPENDIX A: SHARED USE OF ESO REPORTING SOFTWARE (“Appendix A”), is made pursuant to Article VIII, § 8.8 of the Agreement, by and between the parties to the Agreement, with the exception of Kuna Rural Fire District. The parties to this Appendix A may each be referenced separately in this Appendix as “Party” or collectively as “Parties.” WHEREAS, the Kuna Rural Fire District shall remain a party to the Agreement as if it had not been amended by the addition of this Appendix A; the Kuna Rural Fire District is not, however, a party to this Appendix A, and it is the intention and agreement of each Party hereto that the Kuna Rural Fire District shall be exempt from all provisions of this Appendix A; WHEREAS, the Parties have determined that it is in the best interest of their respective jurisdictions to use ESO Reporting Software (“ESO”) for report writing and records storage and management; WHEREAS, it is the Parties’ desire to provide to each other mutual access to ESO’s functions and information stored therein in order to achieve economy of public resources, better coordinate public safety and emergency responses, undertake local and regional analyses and planning efforts, and work cooperatively to fulfill public service and governmental functions; WHEREAS, the records created and stored in ESO are public records, as that term is defined in Idaho Code section 74-101(13), and are therefore subject to the Idaho Public Records Act, including the requirements of and exemptions from disclosure enumerated therein; WHEREAS, to the extent that the information contained in ESO is Protected Health Information (“PHI”) as that term is defined in the Health Insurance Portability and Accountability Act (“HIPAA”), 42 U.S.C. §§ 201 et seq., such information is exempt from public disclosure under the HIPAA Privacy Rule promulgated by the U.S. Department of Health and Human Services, 45 C.F.R. §§ 164.508(a)(1) and (c), and Idaho Code § 74-104(1); and WHEREAS, under Idaho Conservation League, Inc. v. Idaho State Department of Agriculture, 143 Idaho 366 (2006) and Idaho Code section 74-102(13), a record prepared, owned, used or retained by a governmental entity remains the record of that entity, notwithstanding delegation of that agency’s custodial duties as to such record, nor the location or format in which the record is stored; WHEREAS, where two or more Parties respond to an incident, each responding fire department or district may prepare an Electronic Health Report (“EHR”) specific to each patient, Ada County Paramedics may prepare an EHR specific to each patient, and ESO will merge both EHRs into one consolidated EHR; further, each responding fire department or district may prepare a National Fire Incident Report System Report (“NFIRS Report”) specific to that incident, and ESO will merge both NFIRS into one record; Meridian City Council Meeting Agenda August 14, 2018 – Page 79 of 198 APPENDIX A: ESO REPORTING SOFTWARE PAGE 2 NOW, THEREFORE, subject to the limitations of the Agreement and this Appendix A and in order to meet the objectives described above, the Parties hereby agree as follows: I. STATEMENT OF PURPOSE (AGREEMENT, ARTICLE XI). This Appendix A is proposed by the Board as an addendum to the Agreement. The purpose of this Appendix A is to establish the terms and conditions of the Parties’ use of ESO for creating and storing records of individual and joint responses to medical and fire emergencies; to coordinate a uniform approach and response to requests for records stored in ESO; to delegate to Ada County Paramedics (“ACP”) custodial responsibility for EHRs stored in ESO, which responsibility shall include, without limitation, responding to requests for such records in accordance with the Idaho Public Records Act, and records retention and destruction in accordance with the Parties’ respective retention schedules. II. PUBLIC RECORDS REQUESTS A. Requests for EHRs. The following provisions shall apply to requests and/or subpoenas duces tecum for EHRs stored in ESO. 1. Delegation of Custodial Duties. As to EHRs stored in ESO, the Parties hereby delegate to ACP their respective custodial duties, including, without limitation, the duty to timely respond to a request for such records pursuant to subpoena or Idaho Code section 74-102; to manage such records; and to protect PHI from improper disclosure pursuant to HIPAA. 2. Designation of Records Custodians. Each Party shall designate a Records Custodian, and shall notify the Vice Chairman of same. The Vice Chairman shall keep a current registry of the Parties’ respective Records Custodians, to include their names, addresses, e-mail addresses, and phone numbers. 3. Process. Whenever any Party receives a request for an EHR, the Party receiving such request shall, by 5:00 p.m. of the first business day on which the request is received, forward such request to ACP Records Custodian, and shall notify the requestor that the second Party is the custodian of the record requested, and that the request has been referred to the second Party for response. ACP shall process and respond to all requests for EHRs on behalf of the agency forwarding such request. In so doing, ACP shall observe all requirements of the Idaho Public Records Act, HIPAA, and ACP’s Records Release Policy, Designated Records Set Policy, and HIPAA Policy, copies of which are attached to this Appendix A as Exhibit A. 4. Fees. Pursuant to Idaho Code section 74-102(10), the Board of Ada County Commissioners may adopt, and ACP may assess, fees for labor, materials, and legal review related to the preparation of responses to requests for EHR. Each Party to this Appendix A shall adopt by reference the most current fee schedule established by the Board of Ada County Commissioners as it relates to EHRs stored in ESO. ACP shall notify the parties of any and all proposed and final changes to such fees. Meridian City Council Meeting Agenda August 14, 2018 – Page 80 of 198 APPENDIX A: ESO REPORTING SOFTWARE PAGE 3 5. Petition. In the event that a requestor files a petition pursuant to Idaho Code section 74-115 contesting ACP’s decision to release or deny a record stored in ESO pursuant to the delegation of authority to ACP provided herein, the following provisions shall apply. a. Record of incident that included ACP. Where the responsive records at issue are related to an incident to which ACP responded, in whole or in part, Ada County shall defend such decision in district court and in any and all subsequent appeals. Ada County shall be responsible for all expenses related to such petition or any ruling or order related thereto, including attorney fees, costs, penalties, or sanctions. Where a petitioner joins a party other than ACP, the joined party shall be responsible for its own appearance and all expenses related thereto. b. Record of incident that did not include ACP. Where the responsive records at issue are related to an incident to which ACP did not respond at all, ACP shall, by 5:00 p.m. of the first business day on which the petition is served, forward such petition to the agency or agencies that did respond to the incident. The agencies that did respond to the incident shall move to join the petition and shall stipulate to dismissal of the petition as to ACP. B. Requests for NFIRS Reports. The following provisions shall apply to public records requests and/or subpoenas duces tecum for NFIRS reports stored in ESO. 1. Custodial duties; delegation to co-responders. Pursuant to Idaho Code sections 74- 101(3) and (13), each Party is the sole custodian of all NFIRS Reports that it prepares and/or stores in ESO. Where two or more parties respond to one incident and the NFIRS Reports they separately prepare and/or store in ESO are merged into one record, both parties are co-custodians of the merged record. To the extent that such merged records contain information prepared by multiple Parties, as to such merged records, the Parties hereby delegate to each other their respective custodial duties. 2. Response to request for agency’s own NFIRS Report. Where a Party receives a request for a NFIRS report prepared by that Party, and that Party is the only Party that prepared the requested NFIRS Report, that Party shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. 3. Response to request for another agency’s NFIRS Report. When a Party receives a request for a NFIRS Report prepared by a second Party, and the second Party is the only Party that prepared the requested NFIRS Report, the Party receiving such request shall, by 5:00 p.m. of the first business day on which the request is received, forward the request to the second Party’s Records Custodian. The Party that originally received such request shall notify the requestor that the second Party is the custodian of the record requested, and that the request has been referred to the second Party for response. The second Party shall be solely responsible for responding to the Meridian City Council Meeting Agenda August 14, 2018 – Page 81 of 198 APPENDIX A: ESO REPORTING SOFTWARE PAGE 4 request and for any and all related risks, duties, and litigation related to the request and/or response. 4. Response to request for merged NFIRS Report. When a Party receives a request for a NFIRS Report that contains information prepared both by that Party and by a second or additional Party or Parties, and such information is merged into one record by ESO, the Party receiving such request shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation. The Party receiving such request need not notify the additional Party or Parties that such request was received, except that the Party receiving the request for such NFIRS Report shall, by 5:00 p.m. of the first business day on which the request is received, notify the Records Custodian of all Parties whose information is contained in the NFIRS Report where such NFIRS Report refers to or contains information related to the following circumstances: a. One or more casualties; b. A fire investigation; c. An intentional fire; d. Hazardous materials; e. Property loss or costs estimated at $10,000 or more; and/or f. Other circumstances under which, in the discretion of the Party receiving the request, consultation between the Parties would promote the safety, welfare, or best interest of either Party, citizens involved in the incident described in the NFIRS report, or the public. (“Extraordinary Circumstances.”) In the event that a requested NFIRS Report describes Extraordinary Circumstances, the Parties shall work together to prepare a response that is acceptable to both Parties. In the event that the Parties cannot come to consensus prior to the deadline for release of a NFIRS Report describing Extraordinary Circumstances, the Party that originally received the request shall consider the input of all other Parties, and shall provide a response to the requestor that accommodates such input as the Party that originally received the request deems practicable. In any event, as to NFIRS Reports that do and do not pertain to Extraordinary Circumstances, the Party that originally received the request shall be solely responsible for responding to the request and for any and all related risks, duties, and litigation related to the request and/or response. 5. Principles of response. In order to provide uniform responses to public records requests, the Parties to this First Addendum hereby agree that: a. Absent statutory exemption, NFIRS Reports stored in ESO shall be presumed to be subject to disclosure upon request, including, without limitation: incident reports; investigative reports and photographs; addresses and phone numbers, including location and involved persons; and responding crew member names and positions. Meridian City Council Meeting Agenda August 14, 2018 – Page 82 of 198 APPENDIX A: ESO REPORTING SOFTWARE PAGE 5 b. Prior to disclosing a record which contains both PHI and information subject to disclosure, the responding agency shall redact all PHI pursuant to Idaho Code section 74-104(1), which provides that PHI is exempt from disclosure pursuant to 45 C.F.R. §§ 164.502(a) and 164.512(a)(1), promulgated by the United States Department of Health and Human Services, pursuant to 42 U.S.C. § 264(b), unless disclosure is appropriate pursuant to ACP’s HIPAA Policy, a copy of which is attached hereto as Exhibit A. c. It is acknowledged and agreed that information related to “Extraordinary Circumstances,” as enumerated above, may be subject to particular statutory standards of review and/or redaction. d. The exemption for law enforcement records set forth in Idaho Code section 74- 124(1) shall not be presumed to apply to NFIRS Reports, unless the report pertains to a suspected commission of a fire-related crime (arson, false alarm, fireworks, explosives, malicious injury to property, concealment, etc.) in which case the responding Party may be acting as a law enforcement officer for purposes of this exemption. e. Pursuant to Idaho Code section 74-103(4), any denial of a request for NFIRS Report information requires consultation with legal counsel of the Party responding to the request. f. Requested records may contain information that is both exempt and nonexempt from disclosure. Pursuant to Idaho Code section 74-112, such information must be separated and disclosed accordingly. III. RETENTION OF RECORDS IN ESO. A. Retention of Records. A record stored in ESO shall be retained not less than nineteen (19) years from the date of its creation. Pursuant to Idaho Code §§ 31-871(1)(b) and (2)(d) and 50-907(2)(e), such records shall be classified as “semipermanent” records and destroyed pursuant to resolution by the Ada County Board of Commissioners, and the corresponding city council(s) or fire district board of commissioners. B. Records retention schedule. Each Party shall incorporate into its records retention schedule a listing of records stored in ESO, with the following classifications and retention periods: Record Classification Retention period Records containing PHI Semipermanent Nineteen (19) years NFIRS incident and casualty reports Semipermanent Nineteen (19) years Investigative reports Semipermanent Nineteen (19)years Photographs Semipermanent Nineteen (19) Public records requests Semipermanent Six (6) years Meridian City Council Meeting Agenda August 14, 2018 – Page 83 of 198 APPENDIX A: ESO REPORTING SOFTWARE E X H I B I T A EXHIBIT A Ada County Paramedics’ Records Release Policy, Designated Records Set Policy, and HIPAA Policy   Meridian City Council Meeting Agenda August 14, 2018 – Page 84 of 198 Policy on Patient Requests for Access to PHI Approved by : Darby Weston (Director) Approval Date: 01/24 /2017 Version: 1 Last Periodic Review: 01/24 /2017 Page 1 of 4 Purpose The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) grants individuals the right to access their protected health information (“PHI”) contained in a designated records set (“DRS”). Ada County Paramedics must afford individuals this right of access in accordance with federal and state law. To ensure that Ada County Paramedics complies with its obligations, this policy outlines our procedures for handling requests for patient access and establishes the procedures by which patients or authorized representatives may request access to PHI. Departments Affected 103.01.01 Policies & Procedures, Administration, Billing, Compliance Policy All access requests will be directed to the HIPAA Compliance Officer, or their designee, and it shall be the responsibility of the HIPAA Compliance Officer to handle all access requests. Procedures 1. Requests for Access from the Patient or the Patient’s Personal Representative 1.1. Patients and their authorized representatives shall be granted a right of access to obtain a copy of their PHI contained in a DRS maintained by Ada County Paramedics. 1.2. If a patient or their authorized representative requests a copy of a patient’s PHI, the requestor shall be referred to the HIPAA Compliance Officer or their designee. The HIPAA Compliance Officer, or designee, shall request that the patient or authorized representative complete Ada County Paramedics’ “Request for Access to Protected Health Information” Form. 1.3. The HIPAA Compliance Office, or designee, must verify the patient’s identity, or, if the requestor is not the patient, the name and identity of the representative and whether the representative has the authority to act on the patient’s behalf. The use of a driver’s license, social security card, or other form of government-issued identification is acceptable for this purpose. If it is impossible for the requestor to physically come in to make the request and verify this information, the HIPAA Compliance Officer shall ask the requestor to verify the patient’s name, date of birth, Meridian City Council Meeting Agenda August 14, 2018 – Page 85 of 198 Policy on Patient Requests for Access to PHI Approved by : Darby Weston (Director) Approval Date: 01/24 /2017 Version: 1 Last Periodic Review: 01/24 /2017 Page 2 of 4 SSN, address, and telephone number over the phone and ask the requestor to submit the “Request for Access to Protected Health Information Form” via email, mail or fax. 1.4. Upon receipt of the completed “Request for Access to Protected Health Information Form” and verification of the requestor’s identity, the HIPAA Compliance Officer will act upon the request within 30 days, preferably sooner. Generally, Ada County Paramedics must respond to requests for access to PHI within 30 days of receipt of the access request. 1.5. If Ada County Paramedics is unable to respond to the request within these time frames, the requestor must be given a written notice no later than the initial due date for a response, explaining why Ada County Paramedics could not respond within the time frame, and in that case Ada County Paramedics may extend the response time by an additional 30 days. 2. Requests for Access from the Patient’s Attorney 2.1. If Ada County Paramedics receives a request for a patient’s PHI from the patient’s attorney, the HIPAA Compliance Officer, or their designee, shall verify that the patient has authorized the release of PHI. Generally, the request should be accompanied by a form or letter, signed by the patient, stating that the patient authorizes the release of the requested PHI to the attorney. If there is a signed form or letter from the patient authorizing the release of the PHI requested (or some other valid authorization from the patient), then the HIPAA Compliance Officer may release the PHI to the attorney in accordance with what the authorization states. 2.2. If the request from the patient’s attorney is not accompanied by a signed request form or letter from the patient (or some other valid patient authorization), the HIPAA Compliance Officer shall contact the attorney and inform the attorney that Ada County Paramedics will not release the information without valid authorization from the patient. Ada County Paramedics shall not release any PHI to the attorney until the patient authorizes the release. 3. Approval of a Request for Access 3.1. Upon approval of access, the patient or authorized representative should generally be provided a copy of the record in the manner requested on the Form. Ada County Paramedics will either provide a copy of the PHI to the requestor in the format requested or arrange for a convenient time for Meridian City Council Meeting Agenda August 14, 2018 – Page 86 of 198 Policy on Patient Requests for Access to PHI Approved by : Darby Weston (Director) Approval Date: 01/24 /2017 Version: 1 Last Periodic Review: 01/24 /2017 Page 3 of 4 the patient to come into Ada County Paramedics to receive a copy their PHI. Ada County Paramedics will also transmit a copy of the PHI directly to an entity or person designated by the patient or authorized representative, provided that the written direction is signed and clearly identifies the designated party. 3.2. The requestor will not be given access to the actual systems that contain the DRS. Rather, copies of the records shall be provided for the patient or requestor. 3.3. Whenever a patient or requestor accesses a DRS, a note will be entered into patient’s account in the Sweet billing software, in the HIPAA-AAR tab. This note indicates the date of the request, the date access was provided, what specific records were provided. 4. Denial of a Request for Access 4.1. If the request for access is denied, the HIPAA Compliance Officer shall send the requestor a “Denial of Request for Access to Protected Health Information Form,” outlining the reason for the denial and explaining the individual’s rights regarding the denial. Patient access may be denied for the reasons listed below: 4.1.1. If the information the patient requested was compiled in reasonable anticipation of, or use in, a civil, criminal or administrative action or proceeding; 4.1.2. If the information the patient requested was obtained from someone other than a healthcare provider under a promise of confidentiality and the access requested would be reasonably likely to reveal the source of the information; 4.1.3. If a licensed healthcare professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to endanger the life or physical safety of the individual or another person; 4.1.4. If the PHI makes reference to another person (other than a healthcare provider) and a licensed health professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to cause substantial harm to that person; or Meridian City Council Meeting Agenda August 14, 2018 – Page 87 of 198 Policy on Patient Requests for Access to PHI Approved by : Darby Weston (Director) Approval Date: 01/24 /2017 Version: 1 Last Periodic Review: 01/24 /2017 Page 4 of 4 4.1.5. If the request for access is made by a requestor as a personal representative of the individual and a licensed health professional has determined, in the exercise of professional judgment, that access is reasonably likely to cause harm to the individual or another person. 4.2. If the denial of the request for access to PHI is for reasons 4.1.3., 4.1.4., or 4.1.5. above, then the patient may request a review of the denial of access by sending a written request to the HIPAA Compliance Officer. 4.2.1. Ada County Paramedics will designate a licensed health professional, who was not directly involved in the denial, to review the decision to deny the patient access. Ada County Paramedics will promptly refer the request to this designated review official. The review official will determine within a reasonable period of time whether the denial is appropriate. Ada County Paramedics will provide the patient with written notice of the determination of the designated reviewing official. 4.2.2. The patient may also file a complaint in accordance with Ada County Paramedics’ “Procedure for Filing Complaints About Privacy Practices” if the patient is not satisfied with Ada County Paramedics’ determination. Meridian City Council Meeting Agenda August 14, 2018 – Page 88 of 198 Policy on Designated Record Sets Approved by: Darby Weston (Director) Approval Date: 01/24 /2017 Version: 1 Last Periodic Review: 01/24 /2017 Page 1 of 2 Purpose To ensure that Ada County Paramedics patients and their authorized representatives are granted rights regarding Protected Health Information (“PHI”) in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), this policy establishes what PHI at Ada County Paramedics should be accessible to patients as a part of a Designated Record Set (“DRS”). Under HIPAA, a DRS includes medical records that are created or used by Ada County Paramedics to make decisions about the patient. Departments Affected Administration, Billing Policy The HIPAA Compliance Officer, or their designee, will be responsible for fulfilling patient requests related to PHI and for ensuring that the correct information is made part of the Designated Record Set. Procedures 1. The DRS should only include PHI as defined under HIPAA, and should be comprised of individually identifiable healthcare and billing information created, received, maintained, or transmitted by or on behalf of ACP that is used, in whole or in part, by ACP to make decisions about individuals. 2. The HIPAA Compliance Officer shall be the party in charge of designating what information is part of a DRS at ACP and for ensuring that appropriate information is being maintained by ACP in its designated record sets. 3. The Designated Record Set at Ada County Paramedics for any requests regarding PHI includes the following records (claim and insurance information is included only if specifically requested): 3.1. Electronic health reports (“EHR”) created or received by Ada County Paramedics and ACCESS agencies and supplementary information regarding the patient’s condition. This includes any photos, videos, monitor strips, Refusal of care forms, or information from other sources used by ACP or ACCESS agencies to treat patients. 3.2. The electronic claims records or other paper records of submission of actual claims to Medicare or other insurance companies. Meridian City Council Meeting Agenda August 14, 2018 – Page 89 of 198 Policy on Designated Record Sets Approved by: Darby Weston (Director) Approval Date: 01/24 /2017 Version: 1 Last Periodic Review: 01/24 /2017 Page 2 of 2 3.3. Any patient-specific claim and billing information, including responses from insurance payers, such as remittance advice statements, Explanation of Medicare Benefits, charge screens, patient account statements, and signature authorization and agreement to pay documents. 3.4. Notices from insurance companies indicating coverage determinations, documentation submitted by the patient, and copies of the patient’s insurance card or policy coverage summary, that relate directly to the care of the patient or payment for that care. 3.5. Amendments to PHI, or statements of disagreement by the patient requesting the amendment when PHI is not amended upon request, or an accurate summary of the statement of disagreement. 3.6. Any treatment related records created by other parties such as first responder units, assisting ambulance or fire services, air medical services, nursing homes, hospitals, doctor’s offices, police departments, coroner’s offices, etc., that are used by Ada County Paramedics or ACCESS agencies for treatment and payment related purposes. 4. A designated record set should not include: 4.1. Quality assurance data collected and maintained for peer review purposes 4.2. Accident Reports 4.3. Incident Reports 4.4. Data collected and maintained for research 4.5. Information compiled in reasonable anticipation of litigation or administrative action Meridian City Council Meeting Agenda August 14, 2018 – Page 90 of 198 HIPAA Policy Approved by: Darby Weston (Director) Approval Date: 01/24 /2017 Version: 2 Last Periodic Review: 01/24 /2017 Page 1 of 10 Purpose The following Policy has been developed by Ada County/City Emergency Medical Services System (ACCESS) to comply with requirements imposed by Health Insurance Portability and Accountability Act of 1996 (HIPAA) and Idaho Code. Departments Affected 201.03.02 Distributing Medical Records, Administration, Billing, Compliance, Field Operations, Logistics, Training Policy All employees of the ACCESS System participating agencies shall comply with the privacy practices of the System as set forth in the procedures below. Procedures 1. BACKGROUND 1.1. In 1996, Congress passed HIPAA to address multiple health care issues including administrative simplification. The administrative simplification provisions of HIPAA mandate compliance in three key areas: (1) privacy; (2) security; and (3) electronic transactions. Compliance with the Privacy Rule has been mandatory for all health care providers since April 14, 2003 . The law severely restricts the disclosure of patient health information (PHI) and establishes civil and criminal penalties for violation. The goal of the HIPAA privacy rule is to protect patient’s right to confidentiality in matters involving their healthcare. 1.2. PHI refers to individually identifiable health information, as defined by HIPAA, that is created or received by EMS and relates to the past, present, or future physical or mental condition of an individual; the provision of health care to an individual; or the payment for the provision of health care to an individual at any time; and that identifies the individual or for which there is a reasonable basis to believe the information can be used to identify the individual. An “individual” includes all persons, whether living or deceased. Meridian City Council Meeting Agenda August 14, 2018 – Page 91 of 198 HIPAA Policy Approved by: Darby Weston (Director) Approval Date: 01/24 /2017 Version: 2 Last Periodic Review: 01/24 /2017 Page 2 of 10 2. CUSTODIAN OF RECORD 2.1. Pursuant to HIPAA, a Custodian of Records shall be appointed. Steve Boyenger, Deputy Director of Ada County Paramedics, is the designated Custodian of Records for HIPAA coordination, recordation, and compliance purposes. In Steve Boyenger’s absence, the Custodian of Records will be his named designee. 2.2. Deputy Director Steve Boyenger has been appointed the HIPAA Compliance Officer and is the primary contact for all HIPAA compliance issues and concerns. 3. ENFORCEMENT 3.1. Effective February 17, 2010, the Department of Health and Human Services (HHS) will be required to conduct periodic audits to ensure that covered entities and their business associate are complying with their obligations under HIPAA. 4. PENALTIES FOR NON-COMPLIANCE 4.1. Federal Code specifies that violations of the Privacy Rule can result in both civil monetary penalties and criminal sanctions. This may include criminal sanctions against any person who obtains or discloses individually identifiable health information which that person obtained or disclosed without authorization from the covered entity. 5. PROCEDURE FOR NOTIFICATION: 5.1. All patients shall be provided a copy of the “Notice of Privacy Practices” document. This notice tells patients about their rights under HIPAA and contains information about ACCESS’s privacy policies and procedures. This is also provided on ACP’s website (www.adacountyparamedics.org ) and can be obtained at the front counter of the ACP Business Office. 5.2. EMS field staff is required to obtain a fully completed and signed “Assignment of Benefits & Privacy Acknowledgment Form” from the patient for each call. This form serves as acknowledgment Meridian City Council Meeting Agenda August 14, 2018 – Page 92 of 198 HIPAA Policy Approved by: Darby Weston (Director) Approval Date: 01/24 /2017 Version: 2 Last Periodic Review: 01/24 /2017 Page 3 of 10 that the patient has received the Notice of Privacy information. If a personal representative signs this document, the representative’s relationship to the patient must be checked. 5.3. This form must be kept digitally with the electronic medical record, and any hard-copy originals returned to the ACP Administrative Office per record keeping requirements. 6. HIPAA TRAINING 6.1. All new hires, including temporary help, will receive HIPAA training and complete a short test within a reasonable time period. Members of the workforce will read, agree, and sign the HIPAA Security and Confidentiality Agreement concerning information learned during the course of employment along with the Documentation of Employee Training (see HIPAA Security and Confidentiality Agreement and Employee HIPAA Training). Annually thereafter, each employee will review HIPAA training as necessary and appropriate for the staff to conduct their job. 7. PROTECTED HEALTH INFORMATION (PHI) 7.1. HIPAA defines PHI broadly as any health information, including patient demographics, that is created or received by a provider and: 7.1.1. Relates to the past, present or future physical or mental health condition of a patient. 7.1.2. That identifies or can be reasonably used to identify a patient. 7.2. PHI can be in any format including oral, written or electronic. The following are some examples of PHI: 7.2.1. Patient Care Reports 7.2.2. Medical necessity forms 7.2.3. Patient bills Meridian City Council Meeting Agenda August 14, 2018 – Page 93 of 198 HIPAA Policy Approved by: Darby Weston (Director) Approval Date: 01/24 /2017 Version: 2 Last Periodic Review: 01/24 /2017 Page 4 of 10 7.2.4. Claim forms 7.2.5. Records from other facilities 7.2.6. Photos & Video 7.3. You cannot use or disclose PHI for any purpose unless permitted under HIPAA. This applies to patients that are alive and deceased. PHI is completely confidential and is the property of the organization. 8. REQUIRED DISCLOSURES 8.1. Patient’s Rights of Access and Accounting: You must disclose PHI to a patient or their authorized representative upon their request for access to their PHI. You must also render an accounting of all disclosures of a patient’s PHI upon request. 8.2. Disclosures to HHS: You must disclose PHI to HHS in connection with its investigation of complaints, its performance of compliance reviews, or other enforcement activities. 9. PERMITTED USES OR DISCLOSURES 9.1. Treatment: PHI may be used to provide, coordinate, or manage a patient’s health care and any related services. This includes the coordination or management of health care with a third party for treatment purposes. 9.2. Payment : Includes activities related to your efforts to obtain payment or to be reimbursed for services provided, and includes insurance eligibility determinations, the filing and pursuing of insurance claims, your collection activities, etc. 9.3. Operations : Includes quality assessment and improvement activities, licensing and other credentialing activities, conducting internal medical reviews, business planning and development, and other similar activities. 9.4. Most uses or disclosures of PHI by ACCESS will be for treatment, payment, or health care operations purposes, and would not require the patient’s Meridian City Council Meeting Agenda August 14, 2018 – Page 94 of 198 HIPAA Policy Approved by: Darby Weston (Director) Approval Date: 01/24 /2017 Version: 2 Last Periodic Review: 01/24 /2017 Page 5 of 10 authorization or consent. 10. Uses or Disclosures in the Public Interest 10.1. The Privacy Rule permits you to use or disclose a patient’s PHI in certain situations where the public interest is being served. These permitted uses and disclosures are set out in the regulations at 45 C.F.R. 164.512. You may use or disclose a patient’s PHI where required by law, however, you must be careful to limit the disclosure of PHI to the minimum amount needed to comply with the law. Some examples of these situations are: 10.1.1. Patient consent—45 Code of Federal Regulations (CFR) 164.508 permits use or disclosure of PHI with a signed patient authorization 10.1.2. Public health activities—PHI may be released to “proper authorities” as required by reporting laws relating to a communicable disease, injury, birth, & death, and for public health investigations pursuant to applicable state and/or federal law. 10.1.3. Coroner—EMS may disclose personal health information to the County Coroner as required by law. 10.1.4. Military—EMS may disclose a patient’s PHI if he or she is a member of the military as required by armed forces services. 10.1.5. Averting a serious threat to health or safety—PHI may be disclosed or used if necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public. 10.1.6. Victim abuse, neglect, or domestic violence—EMS may disclose PHI to the proper authorities, including government authorities, if it suspects child abuse or neglect. 10.1.7. Reporting crime in emergencies—When EMS is providing emergency health care it may disclose PHI to a law enforcement official if such disclosure appears necessary to alert law enforcement to: Meridian City Council Meeting Agenda August 14, 2018 – Page 95 of 198 HIPAA Policy Approved by: Darby Weston (Director) Approval Date: 01/24 /2017 Version: 2 Last Periodic Review: 01/24 /2017 Page 6 of 10 10.1.7.1. Commission and nature of a crime. 10.1.7.2. Location of a crime or of the victims of such a crime. 10.1.7.3. Identity, description, and location of the perpetrator of such crime. 10.1.8. EMS may release PHI required by court order or court ordered warrant or a subpoena or summons issued by a judicial officer. 10.1.9. Requests for records from attorneys generally must receive a written authorization from the patient to release the medical records. All requests for release of records will be processed through Ada County Paramedics. 10.1.10. ACCESS may release personal health information to a family member, other relative, or close personal friend or other individual involved in the patient’s care if ACCESS personnel obtain the patient’s verbal agreement to do so (if by telephone - verify birth date, Social Security Number, address, & Phone number), or if EMS gives the patient an opportunity to object to such a disclosure and the patient does not raise an objection; and in certain other circumstances where ACCESS is unable to obtain the patient’s agreement and believes the disclosure is in the patient’s best interest. 10.1.11. It is OK to share information with patients when they request it, but verify (birth date, Social Security Number, address, & Phone number) their identity. If the request is in person, ask for ID, have them complete a record request form, and notate in account. 11. Minimum Necessary Rule 11.1. In all instances, only the information that is necessary and appropriate may be released. Do not disclose PHI via blog, web site, discussion group, social network, or other public Meridian City Council Meeting Agenda August 14, 2018 – Page 96 of 198 HIPAA Policy Approved by: Darby Weston (Director) Approval Date: 01/24 /2017 Version: 2 Last Periodic Review: 01/24 /2017 Page 7 of 10 place even when you believe the information is “de-identified” unless the information is reviewed and approved by the Compliance Officer or designee. Posts on social media sites can give enough info for friends and family to recognize patient. Names do not have to be included to be a violation. 11.2. If there is a question as to the appropriate release of information, the employee should contact an Ada County Paramedics Battalion Chief for clarification. If an employee believes that they may have inadvertently released PHI in error, they must notify their supervisor in writing of that disclosure. The Compliance Officer is the custodian of patient records and must authorize release of all PHI generated within this System. All records within the System that contain PHI are to be kept secure at all times and locked up when not being used for legitimate purposes. 11.3. Non-compliance with this policy may follow the disciplinary process. 12. Incidental Uses and Disclosures 12.1. The Privacy Rule does not expect our system to guarantee the privacy of a patient’s PHI against all potential risks. So longs as you have implemented reasonable safeguards to minimize the risk of accidental use or disclosure and you comply with the minimum necessary standard, the Privacy Rule will permit incidental uses and disclosures. 12.1.1. The HHS Office of Civil Rights has defined an incidental use or disclosure as “ a secondary use or disclosure than cannot reasonably be prevented, is limited in nature, and that occurs as a result of another use or disclosure that is permitted by the Rule .” 12.2. For example, where multiple patients are taken in an ambulance, it is possible that one patient could overhear you discussing the condition of the second patient. There will be times this disclosure is unavoidable and it would be permitted so long as it was related to patient treatment. 12.3. ACCESS crews should take every opportunity to minimize these disclosures, but where it is unavoidable, focus first on patient care and treatments. Meridian City Council Meeting Agenda August 14, 2018 – Page 97 of 198 HIPAA Policy Approved by: Darby Weston (Director) Approval Date: 01/24 /2017 Version: 2 Last Periodic Review: 01/24 /2017 Page 8 of 10 13. PATIENT RIGHTS: 13.1. The Privacy Rule granted patients important new rights with respect to their PHI information. These rights include: 13.1.1. Access to their own PHI. 13.1.2. Ask for amendments if they believe their PHI to be inaccurate. 13.1.2.1. Must grant or deny a requested amendment within 60 days of receipt of patient’s request. 13.1.2.2. If granted, we must revise the affected records and notify other persons or entities that might possess the same PHI. 13.1.2.3. A denial of the patient’s request for access must be in writing, and must give the patient the grounds upon which the request is being denied. 13.1.2.4. Denial must also advise patient of their right to submit a written statement disagreeing with our denial, and advise patient of their right to file a complaint with the HHS. 13.1.2.5. If another covered entity notifies us that it has amended records related to a patient’s PHI, we are required to amend any affected records in our possession. 13.1.3. Make complaints regarding organization’s use or misuse of their PHI. See “Complaint Handling and Resolution Policy”. 13.1.4. Access PHI in electronic format if PHI is in electronic format. 13.1.5. Request to not use PHI to submit claim to insurer for payment if they pay the entire billing in full Meridian City Council Meeting Agenda August 14, 2018 – Page 98 of 198 HIPAA Policy Approved by: Darby Weston (Director) Approval Date: 01/24 /2017 Version: 2 Last Periodic Review: 01/24 /2017 Page 9 of 10 13.1.6. Receive ‘accounting’ of all non TPO disclosures. 14. HIPAA BREACH NOTIFICATION: 14.1. Section 13402 of the American Reinvestment and Recovery Act of 2009 added the requirement that covered entities notify the affected individual upon the unauthorized use or disclosure of PHI in their possession. 14.2. A breach is treated as “discovered” on the first day we learn of the breach or could have learned of the breach had we exercised reasonable diligence. 14.3. When required to notify an affected individual, it must be by first class mail to the individual’s last known address. We can give notification via email if individual has previously agreed to receive such notifications by email. Where an individual is deceased, notification should be made to the next of kin or the individual’s personal representative. 14.4. If the contact information is out-of-date for fewer than 10 individuals, substitute notice can be made by telephone or other means. If it is out- of-date for 10 or more individuals, substitute notice can be given in the form of: 14.4.1. A conspicuous posting for at least 90 days on home page of website. 14.4.2. A conspicuous notice in a major newspaper or on a broadcast network 14.4.3. For breaches involving the unsecured PHI of 500 or more individuals – please contact your Compliance Officer as there are specific requirements to follow-up. 15. ELECTRONIC PHI 15.1. Every user should have unique ID and password, and take security precautions, especially when electronic devices are left unattended. DO NOT SHARE PASSWORDS or download copies of patient data onto thumb drive or other portable device unless Meridian City Council Meeting Agenda August 14, 2018 – Page 99 of 198 HIPAA Policy Approved by: Darby Weston (Director) Approval Date: 01/24 /2017 Version: 2 Last Periodic Review: 01/24 /2017 Page 10 of 10 authorized to do so. Do not give lock combinations to an unauthorized person. 16. SUMMARY 16.1. PHI may be used for treatment or patient care, payment, and healthcare operations (TPO). 16.2. The HIPAA Compliance Officer, Steve Boyenger, ACP, oversees policies and procedures and should be first point of contact. 16.3. PHI may be disclosed to law enforcement in limited, specific situations. 16.4. Take extra attention when: 16.4.1. Communicating with media 16.4.2. Using social networking sites 16.4.3. Texting, posting, or blogging about any patient information 16.4.4. Releasing, verifying, or confirming patient information 16.5. Get written authorization from patient or personal representative when fulfilling requests for PHI from attorneys. All requests for PHI will be handled by the Ada County Paramedics administration office. Meridian City Council Meeting Agenda August 14, 2018 – Page 100 of 198 Policy on Patient Requests for Access to PHI Approved by : Darby Weston (Director) Approval Date: 01/24 /2017 Version: 1 Last Periodic Review: 01/24 /2017 Page 1 of 4 Purpose The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) grants individuals the right to access their protected health information (“PHI”) contained in a designated records set (“DRS”). Ada County Paramedics must afford individuals this right of access in accordance with federal and state law. To ensure that Ada County Paramedics complies with its obligations, this policy outlines our procedures for handling requests for patient access and establishes the procedures by which patients or authorized representatives may request access to PHI. Departments Affected 103.01.01 Policies & Procedures, Administration, Billing, Compliance Policy All access requests will be directed to the HIPAA Compliance Officer, or their designee, and it shall be the responsibility of the HIPAA Compliance Officer to handle all access requests. Procedures 1. Requests for Access from the Patient or the Patient’s Personal Representative 1.1. Patients and their authorized representatives shall be granted a right of access to obtain a copy of their PHI contained in a DRS maintained by Ada County Paramedics. 1.2. If a patient or their authorized representative requests a copy of a patient’s PHI, the requestor shall be referred to the HIPAA Compliance Officer or their designee. The HIPAA Compliance Officer, or designee, shall request that the patient or authorized representative complete Ada County Paramedics’ “Request for Access to Protected Health Information” Form. 1.3. The HIPAA Compliance Office, or designee, must verify the patient’s identity, or, if the requestor is not the patient, the name and identity of the representative and whether the representative has the authority to act on the patient’s behalf. The use of a driver’s license, social security card, or other form of government-issued identification is acceptable for this purpose. If it is impossible for the requestor to physically come in to make the request and verify this information, the HIPAA Compliance Officer shall ask the requestor to verify the patient’s name, date of birth, Meridian City Council Meeting Agenda August 14, 2018 – Page 101 of 198 Policy on Patient Requests for Access to PHI Approved by : Darby Weston (Director) Approval Date: 01/24 /2017 Version: 1 Last Periodic Review: 01/24 /2017 Page 2 of 4 SSN, address, and telephone number over the phone and ask the requestor to submit the “Request for Access to Protected Health Information Form” via email, mail or fax. 1.4. Upon receipt of the completed “Request for Access to Protected Health Information Form” and verification of the requestor’s identity, the HIPAA Compliance Officer will act upon the request within 30 days, preferably sooner. Generally, Ada County Paramedics must respond to requests for access to PHI within 30 days of receipt of the access request. 1.5. If Ada County Paramedics is unable to respond to the request within these time frames, the requestor must be given a written notice no later than the initial due date for a response, explaining why Ada County Paramedics could not respond within the time frame, and in that case Ada County Paramedics may extend the response time by an additional 30 days. 2. Requests for Access from the Patient’s Attorney 2.1. If Ada County Paramedics receives a request for a patient’s PHI from the patient’s attorney, the HIPAA Compliance Officer, or their designee, shall verify that the patient has authorized the release of PHI. Generally, the request should be accompanied by a form or letter, signed by the patient, stating that the patient authorizes the release of the requested PHI to the attorney. If there is a signed form or letter from the patient authorizing the release of the PHI requested (or some other valid authorization from the patient), then the HIPAA Compliance Officer may release the PHI to the attorney in accordance with what the authorization states. 2.2. If the request from the patient’s attorney is not accompanied by a signed request form or letter from the patient (or some other valid patient authorization), the HIPAA Compliance Officer shall contact the attorney and inform the attorney that Ada County Paramedics will not release the information without valid authorization from the patient. Ada County Paramedics shall not release any PHI to the attorney until the patient authorizes the release. 3. Approval of a Request for Access 3.1. Upon approval of access, the patient or authorized representative should generally be provided a copy of the record in the manner requested on the Form. Ada County Paramedics will either provide a copy of the PHI to the requestor in the format requested or arrange for a convenient time for Meridian City Council Meeting Agenda August 14, 2018 – Page 102 of 198 Policy on Patient Requests for Access to PHI Approved by : Darby Weston (Director) Approval Date: 01/24 /2017 Version: 1 Last Periodic Review: 01/24 /2017 Page 3 of 4 the patient to come into Ada County Paramedics to receive a copy their PHI. Ada County Paramedics will also transmit a copy of the PHI directly to an entity or person designated by the patient or authorized representative, provided that the written direction is signed and clearly identifies the designated party. 3.2. The requestor will not be given access to the actual systems that contain the DRS. Rather, copies of the records shall be provided for the patient or requestor. 3.3. Whenever a patient or requestor accesses a DRS, a note will be entered into patient’s account in the Sweet billing software, in the HIPAA-AAR tab. This note indicates the date of the request, the date access was provided, what specific records were provided. 4. Denial of a Request for Access 4.1. If the request for access is denied, the HIPAA Compliance Officer shall send the requestor a “Denial of Request for Access to Protected Health Information Form,” outlining the reason for the denial and explaining the individual’s rights regarding the denial. Patient access may be denied for the reasons listed below: 4.1.1. If the information the patient requested was compiled in reasonable anticipation of, or use in, a civil, criminal or administrative action or proceeding; 4.1.2. If the information the patient requested was obtained from someone other than a healthcare provider under a promise of confidentiality and the access requested would be reasonably likely to reveal the source of the information; 4.1.3. If a licensed healthcare professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to endanger the life or physical safety of the individual or another person; 4.1.4. If the PHI makes reference to another person (other than a healthcare provider) and a licensed health professional has determined, in the exercise of professional judgment, that the access requested is reasonably likely to cause substantial harm to that person; or Meridian City Council Meeting Agenda August 14, 2018 – Page 103 of 198 Policy on Patient Requests for Access to PHI Approved by : Darby Weston (Director) Approval Date: 01/24 /2017 Version: 1 Last Periodic Review: 01/24 /2017 Page 4 of 4 4.1.5. If the request for access is made by a requestor as a personal representative of the individual and a licensed health professional has determined, in the exercise of professional judgment, that access is reasonably likely to cause harm to the individual or another person. 4.2. If the denial of the request for access to PHI is for reasons 4.1.3., 4.1.4., or 4.1.5. above, then the patient may request a review of the denial of access by sending a written request to the HIPAA Compliance Officer. 4.2.1. Ada County Paramedics will designate a licensed health professional, who was not directly involved in the denial, to review the decision to deny the patient access. Ada County Paramedics will promptly refer the request to this designated review official. The review official will determine within a reasonable period of time whether the denial is appropriate. Ada County Paramedics will provide the patient with written notice of the determination of the designated reviewing official. 4.2.2. The patient may also file a complaint in accordance with Ada County Paramedics’ “Procedure for Filing Complaints About Privacy Practices” if the patient is not satisfied with Ada County Paramedics’ determination. Meridian City Council Meeting Agenda August 14, 2018 – Page 104 of 198 Policy on Designated Record Sets Approved by: Darby Weston (Director) Approval Date: 01/24 /2017 Version: 1 Last Periodic Review: 01/24 /2017 Page 1 of 2 Purpose To ensure that Ada County Paramedics patients and their authorized representatives are granted rights regarding Protected Health Information (“PHI”) in accordance with the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), this policy establishes what PHI at Ada County Paramedics should be accessible to patients as a part of a Designated Record Set (“DRS”). Under HIPAA, a DRS includes medical records that are created or used by Ada County Paramedics to make decisions about the patient. Departments Affected Administration, Billing Policy The HIPAA Compliance Officer, or their designee, will be responsible for fulfilling patient requests related to PHI and for ensuring that the correct information is made part of the Designated Record Set. Procedures 1. The DRS should only include PHI as defined under HIPAA, and should be comprised of individually identifiable healthcare and billing information created, received, maintained, or transmitted by or on behalf of ACP that is used, in whole or in part, by ACP to make decisions about individuals. 2. The HIPAA Compliance Officer shall be the party in charge of designating what information is part of a DRS at ACP and for ensuring that appropriate information is being maintained by ACP in its designated record sets. 3. The Designated Record Set at Ada County Paramedics for any requests regarding PHI includes the following records (claim and insurance information is included only if specifically requested): 3.1. Electronic health reports (“EHR”) created or received by Ada County Paramedics and ACCESS agencies and supplementary information regarding the patient’s condition. This includes any photos, videos, monitor strips, Refusal of care forms, or information from other sources used by ACP or ACCESS agencies to treat patients. 3.2. The electronic claims records or other paper records of submission of actual claims to Medicare or other insurance companies. Meridian City Council Meeting Agenda August 14, 2018 – Page 105 of 198 Policy on Designated Record Sets Approved by: Darby Weston (Director) Approval Date: 01/24 /2017 Version: 1 Last Periodic Review: 01/24 /2017 Page 2 of 2 3.3. Any patient-specific claim and billing information, including responses from insurance payers, such as remittance advice statements, Explanation of Medicare Benefits, charge screens, patient account statements, and signature authorization and agreement to pay documents. 3.4. Notices from insurance companies indicating coverage determinations, documentation submitted by the patient, and copies of the patient’s insurance card or policy coverage summary, that relate directly to the care of the patient or payment for that care. 3.5. Amendments to PHI, or statements of disagreement by the patient requesting the amendment when PHI is not amended upon request, or an accurate summary of the statement of disagreement. 3.6. Any treatment related records created by other parties such as first responder units, assisting ambulance or fire services, air medical services, nursing homes, hospitals, doctor’s offices, police departments, coroner’s offices, etc., that are used by Ada County Paramedics or ACCESS agencies for treatment and payment related purposes. 4. A designated record set should not include: 4.1. Quality assurance data collected and maintained for peer review purposes 4.2. Accident Reports 4.3. Incident Reports 4.4. Data collected and maintained for research 4.5. Information compiled in reasonable anticipation of litigation or administrative action Meridian City Council Meeting Agenda August 14, 2018 – Page 106 of 198 City Council Workshop August 14, 2018 Agenda Item Number: 4E Project/File Number: Item Title: Resolution No. 18-2095 A Resolution Of The City Council Of The City Of Meridian, Idaho, Setting Forth Certain Findings And Purposes To Declare Surplus Property And Authorizing The Mayor Of The City Of Meridian To Donate Fire Hose To The Girl Scouts Of Silver Sage Meetinq Notes: 9 APPROVED I TEM SHEET C ouncil Agenda I tem - 4.E . Presenter: C.J ay C oles Estimated Time f or P resentation: 1 minute Title of I tem - Resolution No. 18-2095: A Resolution Of T he City Council O f T he C ity Of M eridian, Idaho, S etting F orth Certain F indings And P urposes To Declare Surplus P roperty And Authorizing T he M ayor O f T he C ity Of M eridian To Donate F ire Hose To T he Girl Scouts Of Silver S age R eso to donate F ire Hose to Girl S couts AT TAC HM E NT S: Description Type Upload D ate Reso f or F ire Hose Donation to Girl S couts Resolution 8/3/2018 E xhibit A - Asset Disposal for F ire Hose E xhibit 8/3/2018 Meridian City Council Meeting Agenda August 14, 2018 – Page 107 of 198 CITY OF MERIDIAN RESOLUTION NO. � C) - 20 BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, MILAM, PALMER, LITTLE ROBERTS A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, SETTING FORTH CERTAIN FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE FIRE HOSE TO THE GIRL SCOUTS OF SILVER SAGE. WHEREAS, it is in the best interest of the City of Meridian to declare that a certain Fire Hose as attached in Exhibit "A" as surplus as this particular item is no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be donated to other agencies exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining the Fire Hose would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate the Fire Hose listed in Exhibit "A" to the Girl Scouts of Silver Sage, an agency exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, whose mission is building girls of courage, confidence, and character, who make the world a better place. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare that a certain Fire Hose as attached hereto as Exhibit "A" is surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the Fire Hose listed in Exhibit "A" to Girl Scouts of Silver Sage ADOPTED by the City Council of the City of Meridian, Idaho, this Ighday of August, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this 1 L `%y of August, 2018. APPROVED: oo; ATTES - CIt Or 'm w IDIA � IDAHO Mayor T m de WeerdSEAL Ca Coles, Clerk 141 J ,he TREAs��� Pry RESOLUTION AUTHORIZING DONATION OF FIRE HOSE TO GIRL SCOUTS OF SILVER SAGE M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 0 9 o f 1 9 8 City Council Workshop August 14, 2018 enda Item Number: 4F Project/File Number: Item Title: Agreement to Share Benefits and Costs of Irrigation System Between Bainbridge Owners Association, Inc., Brighton Development Inc., and the City of Meridian Regarding Keith Bird Legacy Park Meetinq Notes: c✓ APPROIED I TEM SHEET C ouncil Agenda I tem - 4.F. Presenter: M ike Barton, M P R P arks S uperintendent Estimated Time f or P resentation: 1 minute Title of I tem - Agreement to S hare B enefits and C osts of Irrigation S ystem Between B ainbridge Owners Association, Inc., B righton Development Inc., and the C ity of M eridian Regarding K eith B ird Legacy P ark AT TAC HM E NT S: Description Type Upload D ate B ainbridge HO A Pressurized I rrigation Agreement for K B L P A greements / C ontracts 7/26/2018 Meridian City Council Meeting Agenda August 14, 2018 – Page 110 of 198 When recorded, please return to. Bainbridge Owners Association Inc. c/o Brighton Corporation 12601 W Explorer Dr. Ste. 200 Boise ID 83713 ADA COUNTY RECORDER Christopher D. Rich 2018-077542 BOISE IDAHO Pgs=15 BONNIE OBERBILLIG 08/16/2018 11:35 AM CITY OF MERIDIAN, IDAHO NO FEE X—G—R-Eciff 011"1 -1z OF IRRIGATION SYSTEM THIS AGREEMENT TO j * made as of the I LA_Vh day of �)L 2018, ("Effective Date"), by and between BAINBRID #WNERS ASSOCIATION, INC., an Id o non-profit corporation ("HOA"), BRIGHTON DEVELOPMENT INJ an Idaho corporation ("Grantor"),and the CITY OF MERIDIAN,+ Grantor referred to herein as a r* or a casebe. A. Grantor developer of f` subdivision rwn as Bainbridge Suyf • attachedlocated in the County of Ada in the State of Idaho as approximately shown on the map as jx_hIbit A, The City is the owner of an approximate 7,5 acre parcel within the Bainbridge SubdivisiGn which is improved as a City -owned park as approximately shown on the map attached Exhibit A and as each is legally described on Exhibit B. C. The HOA was established to exercise the powers and carry out the duties set forth in certain governing documents relating to the Bainbridge Subdivision, which include the Master Declaration of Covenants, Conditions, Restrictions and Easements for Bainbridge Subdivision dated July 11, 2014 and recorded on July 11, 2017 in the recordsof lr. County,•. • as Instrument No, 114054968, as it may be amended, modified and/or supplemented from time to time, (the "CCRs") and therein grants, under Section 8,08, Grantor or the HOA the right to enter • a contractr of •, property adjacent to or of irrigationthe Bainbridge Subdivision (herein referred to as "Adjacent User(s)") for the use of the owned by M D. The Parties each own or control certain real property located in Ada County, Idaho, (each a "Parcel", all Parcels M: ■11. E. Bainbridge Subdivision is improved with a fully operating irrigation system generally described in Section I below ("Irrigation System") benefitting the Property. F. The Or owns and is responsible for operation,maintenance,repair and replacementof the equipment r facilities comprising• 4ng with the costs and M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 1 2 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 1 3 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 1 4 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 1 5 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 1 6 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 1 7 o f 1 9 8 CITY: (ilro or E IDIgr 4�DAHo Z% SEAL State of Idaho . $5. County of Ada CITY OF MERIDIAN t �zz-� Tammy de We 1)Mayor C.a Coles, CityI rk Approved by City Council on: L/ / On this ILA -Mday of T 2018, before me, the undersigned notary public, personally appeared Tammy d4 Weerd and C. Jay Coles, known or identified 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. — om-ppvnLL)2�t Notary Public for Idaho My Commission expires 3 -0-9 -D,b a'a- AGREEMENT TO SHARE BENEFITS AND COSTS OF PRESSURIZED IRRIGATION SYSTEM - Page 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 1 9 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 2 0 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 2 1 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 2 2 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 2 3 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 2 4 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 2 5 o f 1 9 8 City Council Workshop August 14, 2018 Aaenda Item Number: 4G ProjecVFile Number: Item Title: Award of Bid and Approval of Agreements to U.S. Water Services, Inc. For "Well 28 Water Treatment Equipment" project for a Not -To -Exceed amount of $460,062.00. Meetina Notes: mt APPROVED I TEM SHEET C ouncil Agenda I tem - 4.G. Presenter: Estimated Time f or P resentation: Title of I tem - Award of Bid and Approval of Agreement to U.S . Water S ervices, Inc. for the “Well 28 Water T reatment E quipment” project for a Not-To-Exceed amount of $460,062.00. AT TAC HM E NT S: Description Type Upload D ate Contract C hecklist Cover Memo 8/8/2018 Council Memo Cover Memo 8/8/2018 P W Project I nf o Memo Cover Memo 8/8/2018 E quipment Purchase A greement Cover Memo 8/8/2018 P ayment & P erformance B onds Cover Memo 8/8/2018 I nsurance C ertif icate Cover Memo 8/8/2018 B udget R eport Cover Memo 8/8/2018 E valuation Results Cover Memo 8/8/2018 Meridian City Council Meeting Agenda August 14, 2018 – Page 126 of 198 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 N/A N/A I. PROJECT INFORMATION 8/7/2018 9/1/2018 N/A 18 5/14/2018 Public Works Well #28 Water Treatment - Equipment Procurement V. BASIS OF AWARD 7/6/2018 July 13, 2018 IV. GRANT INFORMATION - to be completed only on Grant funded projects VI. CONTRACTOR / CONSULTANT REQUIRED INFORMATION August 8, 2018 N/A VIII. AWARD INFORMATION Approval Date Enter Supervisor Name Date Approved N/A N/A VII. TASK ORDER SELECTION (Project Manager to Complete) 8/7/2018 Award based on Low Bid Highest Ranked Vendor Selected $460,062 Brent Blake If yes, has policy been purchased? US Water Services, Inc. III. Contract Type II. BUDGET INFORMATION (Project Manager to Complete) 60 3490 96166 10641 TASK ORDER RFP / RFQ BID Meridian City Council Meeting Agenda August 14, 2018 – Page 127 of 198 Page 1 Memo To: C. Jay Coles, City Clerk, From: Keith Watts, Purchasing Manager CC: Brent Blake Date: 08/08/2018 Re: August 14 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 14 th City Council Consent Agenda for Council’s consideration. Award of Bid and Approval of Agreement to U.S. Water Services, Inc. for the “WELL 28 WATER TREATMENT EQUIPMENT” project for a Not-To-Exceed amount of $460,062.00. Recommended Council Action: Award of Bid and Approval of Agreement to U.S. Water Services, Inc. for the Not-To-Exceed amount of $460,062.00. This award is the result of the formal RFP #PW-1836-10641.B. Three proposals were received. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda August 14, 2018 – Page 128 of 198 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 2 9 o f 1 9 8 M e r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 3 0 o f 1 9 8 Received.!l July.31.'201811 U.S. Water,S€Mce5,.lnc.!l AGREEMENT FOR THE SUPPLY OF WELL 28 WATER TREATMENT FILTER EQUIPMENT PROJECT #10641.8 THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this 24th day of Julv, 2018, and entered inlo by and between the City of lvleridian, a municipal corporation organized under the laws of the State of ldaho, hereinafter referred to as "C|TY", 33 East Broadway Avenue, Meridian, ldaho 83642, and U.S. Water Services, lnc., hereinafter referred to as "SUPPLIER", whose business address is ADDRESS. INTRODUCTION WHEREAS, the SUPPLIER is specially trained, experienced and competent to provide and has agreed to provide such equipment; NOW, THEREFORE, in consideration o, the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Equipment / Supply Specifications & Requirements: 1.1 SUPPLIER shall supply the equipment, supplies and services to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all items, and comply in all respects, as specified in the Request for Proposals titled "Well 28 Water Treatment Equipment" and suppliers proposal dated 6- 1 2-1 8, which by this reference are incorporated herein, together with all addendums issued. 1.2 The SUPPLIER shall provide all equipment and services under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions and the UCC. The SUppLIER represents and warrants that itwill perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used inperformance of this Agreement and that are in effect at the time of performance of this Agreement. Whereas, the City has a need for WELL WATER FILTRATION EQUIPMENT ;and Meridian City Council Meeting Agenda August 14, 2018 – Page 131 of 198 2. Consideration 2.1 The SUPPLIER shall be compensated on a Fixed Price basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof, for the Not-To-Exceed amount of $460,062.00. 2.2 The SUPPLIER shall provide the City with a detailed invoice upon delivery of all equipment and supplies, which the City will pay within 30 days of receipt ol a correct invoice and approval by the City Proiect Manager. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to SUPPLIER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of SUPPLIER. 2.3 Except as expressly provided in this Agreement, SUPPLIER 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, SUPPLIER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, or (b) unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 3.2 Should SUPPLIER 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 SUPPLIER. 3.3 Should City fail to pay SUPPLIER all or any part of the compensation set forth in Attachment B of this Agreement on the date due, SUPPLIER, at the SUPPLIER's option, may terminate this Agreement if the lailure is not remedied by the City within thirty (30) days f rom the date payment is due. 4. Termination: lf, through any cause, SUPPLIER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of thls Agreement, falsifies any record or document required to be prepared 2 of 10 Meridian City Council Meeting Agenda August 14, 2018 – Page 132 of 198 under this agreement, engages in fraud, dishonesty, or any other acl 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 SUPPLIER of such termination and specifying the effective dale thereof at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may wilhhold any payments to SUPPLIER for the purposes of seloff until such time as the exact amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. 5. lndependentSUPPLlER: 5.1 ln all matters pertaining to this agreement, SUPPLIER shall be acting as an independent SUPPLIER, and neither SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment A, SUPPLIER 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 SUPPLIER, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent SUPPLIERS and not as employees of the City. 5.3 SUPPLIER shall determine the method, details and means of performing the work and services to be provided by SUPPLIER under this Agreement. SUPPLIER shall be responsible to City only for the requiremenls 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 SUPPLIER in fulfillment of this Agreement. lf in the performance of this Agreemenl any third persons are employed by SUPPLIER, such persons shall be entirely and exclusively under the direction and supervision and control of the SUPPLIER. 6. lndemnification and lnsurance: a. SUPPLIER shall indemnify and save and hold harmless ClTy from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs 3of10 Meridian City Council Meeting Agenda August 14, 2018 – Page 133 of 198 including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the SUPPLIER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER shall maintain, and specifically agrees that it will mainlain, throughout the term ol this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1 ,000,000) per incident or occurrence, Professional Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability lnsurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation lnsurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenanls to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, SUPPLIER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys'fees, arising out of, resulting from, or in connection with the performance of this Agreemenl by the SUPPLIER or SUPPLIER's officers, employs, agents, representatives or sub-SUPPLIERS and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. SUPPLIER shall provide CITY with a Certificate of lnsurance, or other proof of insurance evidencing SUPPLIER'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 SUPPLIER begins peformance of it's obligations under this Agreement. ln the event the insurance minimums are changed, SUPPLIER 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. 6.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the SUPPLIER shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, SUPPLIER'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 of the SUPPLIER's insurance and shall not contribute with SUPPLIER's insurance except as to the extent of City's negligence. 4of10 Meridian City Council Meeting Agenda August 14, 2018 – Page 134 of 198 b. The SUPPLIER's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.4 All insurance coverages for Suppliers subs shall be subject to all of lhe insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Supplier and Supplier's agents, representalives, employees or subcontractors. 6.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7. Bonds: Payment and Performance Bonds are required. Warranty: ln addition to any warranty required in the specifications, all equipment, coatings, valves, controls, and other components provided under this agreement shall be guaranteed for two (2) years against defects in workmanship and materials f rom the notice of acceptance. 8 o U.S. Water Services, lnc Attn: Rvan Godf rev , VP of Operations 12270 43d St. NE St. Michael, MN 55376 Ph. 763-553-0379 e-mail: aschneider@ uswaterservices.com 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. 5 of 10 Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, ldaho 83642 Ph. (208) 489-0417 Email: kwatts@meridiancitv.oro Meridian City Council Meeting Agenda August 14, 2018 – Page 135 of 198 o Time is ol the Essence: The parties hereto acknowledge and agree that time is slrictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any ol the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. Assignment: lt is expressly agreed and understood by the parties hereto, that SUPPLIER shall not have the right to assign, transfer, hypothecate or sell any ol its rights under this Agreement except upon the prior express written consent of CITY. 10. 11. 12.Discrimination Prohibited: ln performing the Work required herein, SUPPLIER shall not unlavrfully discriminate in violation of any federal, state or local law, rule or regulalion against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Beports and lnformation: 13.1 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. 13.2 SUPPLIER 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 ol communication or represenlation including letters, words, pictures, sounds or symbols or any combination thereof. 14.Audits and lnspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of SUPPLIER'S records with respect to all matters covered by this Agreement. SUPPLIER 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. 6 of 10 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 contracl between the parties and shall survive any default, termination or fodeiture of this Agreement. Meridian City Council Meeting Agenda August 14, 2018 – Page 136 of 198 15 16 17. 18. 19. 20. 21. 22 2.7 Publication, Reproduction and Use ol Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and othenrvise use, in whole or in part, any reports, data or other malerials prepared under this Agreement. Compliance with Laws: ln performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of SUPPLIEB'S compensation, which are mutually agreed upon by and between the CITY and SUPPLIER, shall be incorporated in written amendments which shall be executed with the same formalities as this Agreement. Construction and Severability: 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. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver ol any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modif ied as provided above. Advice of Attorney: Each party warrants and represents that in executing this Agreement. lt has received independent legal advice from its altorney's or the opportunity to seek such advice. Entire Agreement: This Agreemenl contains the entire agreement of the parties and supersedes any and all other agreemenls or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. Order of Precedence: The order or precedence shall be the contract agreement, the lnvitation for Bid document, then the winning bidders submitted bid document. 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. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. 24. 7 of 10 Meridian City Council Meeting Agenda August 14, 2018 – Page 137 of 198 CITY OF MERIDIAN / Will , •• ' w Approved by City Council: Attest: Ua DA SUPPLIER BY: Nathan Bach, VP of Engineering & Equipment Dated: _ ('11Y ofo Approved as to Form C OLES, ITY CLERK ElkDIAN - CITY ATTORNEY IDAHO �0 SEAL Purchasing Department Approvalthe TRE As��`,Pv Public rks Depa a Approval BY: / BY: Keith atts, Purchasing Manager Warren Stewart, it Engineer Dated: S/ ?/ / 8 Project Manager Brent Blake Dated: (�'-SS - I,g/ 8 of 10 Attachment A SCOPE OF WORK REFER TO REQUEST FOR PROPOSALS PW-1836.10641.8, ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS included in the Request for Proposals Package #PW- 1836-106418, and written proposal by SUPPLIER dated DATE are by this reference made a part hereof . I of 10 Meridian City Council Meeting Agenda August 14, 2018 – Page 139 of 198 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $460,062.00. TASK DESCRIPTION DATE (Dependent on council Approval) PAYMENT A Written Approval of Drawings (r/- 5 days) 20%90 Days lrom Notice of Award $92,012.40 B Receipt ol Equipment (+/- 30 days) 60% Between 280 and 420 days from Notice of Award $276,037.20 Acceptance ol lnstallation (+l 30 days) '10% Between 420 and 480 days from notice ot Award $46,006.20 D Final Acceptance of project (+l 30 days) 10% Between 450 and 510 days from notice of Award $46,006.20 CONTRACT TOTAL $400-002-00 10 of 10 MILESTONE DATES/PRICING SCHEDULE Meridian City Council Meeting Agenda August 14, 2018 – Page 140 of 198 RLI'RLI lnsurance Company P.O. Box 3967 Peoria. lL 61612-3967 Phone: 309692-1000 Fax 309-683-1510 Bond No.CMS0328769 NOTE: THIS BONO lS ISSUED SIMULTANEOUSLY WTH ANOTHER BOND lN FAVOR OF THE OWNER CONDITIONEO FOR THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT. KNOW ALL MEN BY THESE PRESENTS: That U.S. Water Services lnc (Her6 hse( lhe nams or legal lilb of lho conlractor) U.S. Water Services lnc 12270 43rd St. NE Saint Michael MN 55376 as (Hore lnserl lh6 addross ot lhe co.rl6clo.) Principal, hereinafler called Principal, and RLI lnsurance comoanv , an lr Corporalion, as Surety, hereinalter called SuIety. ate held and ,irmly bound unto Citv of Meridian (Here inse lhe name o. legal lille ol tho oivne.) 33 East Broadway Avenue,Meridian. lD 83642 (Herc hsed the addrer! ol lhe orneo as Obligee, hereinafier called Owner, for the use and benefit of claimants as hereinbelow Four Hundred Sixty Thousand Sixty Two Oollars and 00/100 delined, in ths amount of- Dollars 460 062.00 for the payment whereol Principal and Surety bind themselves, their heirs, executors, administrators, su@essors and assigns, jointly and severally, firmly by these presents. WHEREAS. PrinciDal has bvwritlen aqreement dated@ Well 28 WateiTreatiTent Equroment Proiect #10641.8 entered into a Contract with Owner for inaccordancewithdrawingsandSpecific€t,onspreparedby (Fuu narne o( arcnitecl o. enginee.) which contract is by reference made a part hereot, and is hereafter relered to as lhe Conlracl. NOW, THEREFORE, THE CONO|T|ON OF THIS OBLTGATION is that if rhe Principal shall promptly rlake payment.to all claimants as hereinaflei defined. lor ali labor and material used or reasonably required for use in the performance of th'e Contract; then this obligation shall b6 void; otherwise it shall remain in full force and etfecl, subjeci. however, to the following conditrons: 1. A claimant is defined as one havinq a direct conlracl with the Principal or with a sub-contractor of lhe Principal for labor, material. or boih. used or reasonabtv reouired f6r use in the oerlormanc€ of lhe Contract, labor and material being conslrued to include that part of watei, gas, power, light,heai, oil, gasoline, tel€phone servico or renlal of equipment directly applicable to lhe Contract. 2- The above named Princioal. and Suretv herebv iointly and severally aqree with the O,,vner that every claimant as herein defined, who has nor been .aid in fu[ hef;re tha sxoiration df 'a oeiiod of ninelv (go)-davs afler tho dale on which the last o, such claimant's work or labor was dorie or oerformed. or matdrials were furnished bv such'ddimaht, may sue on this bond for the use of such claimant in the name oi -ttrC Owne?. orosecuie ttre suit to ,inat iudoment Ioi such sum or sumi as may b€ justly due claimant, and have execution thirebn, povided, hbi,t/ever, that the Owner shal[ nol be liable for the payment of any cosls or bxp6nses ot any such suil. 3. No suit or action shall be comrnenced hereundsr by any claimant, (a) untess ctaimant shall have oiven wrinen notice to any two of lhe followinq: The Prinopal, the Owner, or the SuIety abovo named,' ' withln ninatv (90) davs aftar-such claimant did or oeiormed the last of the wort or labor, or furnished lhe last ot lhe matarials for wntch saiO 6ldim'is riade. statino with substantial accuracy the amount claimed and the name of tha party to whom lhe materials were fumished, or for whom th-e work or labor was done or performed.. Suc! notice shall be served by mailing the safe qy reoistered mail: oostaoe oreDaid. in an enveloDe addressed ld thg Principal, Owner or Surety, at any place where an omce is reiularlv maintaihed fo-r ttie tiansaction of busin-ess, or served in any manner in which legal process may be seNed in the stale in wfich tlie aforesaid project is located, save lhat such servic€ need nbt be made by a pubtrc omcer. (b) Afler the expiration of one (1) year following the date on which Claimant ceased work on said Contract. (c) Other than in a state court of comDetent iurisdiction in and for the county or other political subdivision of ths stale in which th-e-' poieal oi anv pif,itrereoiii situat'eO, oi ih rtre UnheO States District Couh ,or the district in which the projecl or any parl thereot, is sltuated, and not elsewhere. 4. The amount ot this bond shall be reduced by and to the extent of the oavment bv Suretv of mechanics liens which mav be filed amo'uni ol suctflien be'presented under and against thi3 bond. Signed this 1st day of August 4.g., 2018 U,S. Water Services, lnc. any payment of payments made in of record against said imProveme oood faith hereunder. inclusive of n-ts, whether or not claim for the EnL (Princap al ) (seal) nce rogan t,No A(omey in Fact c0027011'50.0 By By Surety Phone No. 309-692-1000 LABOR AND MATERIAL PAYMENT BOND Nathan Bach VP of Engineering and Equipment Meridian City Council Meeting Agenda August 14, 2018 – Page 141 of 198 Meridian City Council Meeting Agenda August 14, 2018 – Page 142 of 198 RLI'RLI lnsur,rnce Company P.O. Box 3967 Pcoria.lL 61612-3967 Phone: 309.692.1000 Far; 309{83-1610 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That U.S. Water Services lnc (llcrc irrscn thCnamcor lcgll tillc ofthc conlraclor) 12270 43rd St. NE Saint Michael MN 55376 (llcrc inscn thc lddrc5s ofthc conl.actor) asPrincipal'hereinaflercalledcontractor,andan Corporation, as Surety, hereinaner called Surety, are held and finnly bound unto lllino is Citv of Meridian (llc.c inrcn dlc namc oflhc o$ncr) 3 East Broadwav Avenue, Meridian, lD 836423 as Obligee. hereinafter (llcrc inscrt thc rddrcss oflhc o\nar) callcd Orvncr, in thc amount of Four Hundred Sixty Thousand Sixty Two Dollars and 00/100 Dollars 460 062.00 for the paymcnt whercofContractor and Surcty bind thcmselvcs, their heirs, cxcculors, adminiskalors, successors and assigns,jointly and severally. firmly by these Presents. wHEREAS, Contractor has Well 28 Water Treatment bv written asreement EouiomenT Proiect dated Ju 24 2018 enlered into a Contract with Owner for #1 rvhich contract is by rcfcrencc made a part hereof. and is hcrealler rcfcncd to as thc Contract. NOw' TH EREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promplly and faithfully perfonn said Contract, then this obligation shall be null and voidl othenvise it shall rcmain in full Force and efTect' Whenever Contracror shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owne/s obligation thereunder, the Surety may Promptly rernedy the default, or shall promptly l. Cornplete the Contract in accordance with its terms and conditions. or 2. Obtain a bid or bids for submission to Owner for completing the Contract in accordance with its terms and conditions, and upon deterrnination by Owner and Surety ofthe lowest responsible bidder, arrange for a co ract htween such bidder and Owner and make available as woik progresses (evcn though therc shorild be a defauh or a s uccession ofdefaults under the contract or contracts of completion arrangld inder this paragraphl suflicient funds to pay the cost of completion less the balance ofthe contract p_rice; but no(_ cxcctding, including othcrs cosis and darnagcs for which thc Surcty may be liablc hercunder, thc amount set forth in the lirstparagraph hereof. The terrn "balance ofthe contract price," as used in this paragraph, shall mean the total atnounl payable by Owner to Contraclor undcr thc Contract and any amcndmcnts thcrcto, lcss thc amount propcrly paid by Orvncr to Contractor. Any suit under this bond must be instituted before the expiration of two (2) years from thc dale on which Contractor ceases work on the Contract. No right ofaction shall accrue on this bond to or for the usc ofany pcrson or corporation olhcr than thc Owncr narncd h$ein or the heirs, executo6. administralors or successors ofOwner. Signed this 1st day of August 4.p. 2018 U.S, Water Services, lnc (Principal) (Scal) in accordance rvith drawings and specifications prepared by By i'lathan Ba ch VP of Engineering ano Equipment (l'ull nlmc oforahilcct or cntsinccr) rogan ti( Artomqy in Fact c003lor l-50,0 h( By Surety Phone No. 309-692-1000 l.l Bond No. CMS0328769 /4.---Z>24,':/ Meridian City Council Meeting Agenda August 14, 2018 – Page 143 of 198 POWER OF ATTORNEY RLI Insurance Company Contractors Bonding and Insurance Company 9025 N. Lindbergh Dr. Peoria,IL 61615 Phone: 800-645-2402 Bond No. CMS0328769 Know All Men by These Presenls: That this Power of Attomey is not valid or in effect unless attached to the bond which it authorizes, but may be detached by the approving oflicer if desired. That this Power of Attomey may be effective and given to either or both ofRLI Insurance Company and Contractors Bonding and Insurance Company, required for the applicable bond. That RLI Insurance Company and/or Contractors Bonding and Insurance Company, each Illinois corporations (as applicable), each authorized and licensed to do business in all states and the District of Columbia do hereby make, constitute and appoint: Michele L. Groqan in the City of Minneapolis State of MN it's true and lawful Agent and Attomey in Fact, with full power and authority hereby conferred upon himfrer to sign, ex€cute, acknowledge and deliver for and on its behalf as Surety, in general, any and all bonds and uudertakings in an amount not to exceed Twenty Five Million Dollars ($25,000,000) for any single obligation, and specifically for the following described bond. U.S. Water Services, Inc.Principal: Obligee:Citv of Meridian RLI Insurance Company and Contractors Bonding and Insurance Company, as applicable, have each further certified that the following is a true and exact copy of a Resolution adopted by the Board of Directors of each such corporation, and now in force, to-wit: "All bonds, policies, undertakings, Powers of Attorney or other obligations of the Corporation shall be cxccutcd in thc corporate name of the Corporation by the Pr€sident, Secretary, any Assistant Secretary, Treasurer, or any Vice President, or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or Agents \vho shall have authority to issuc bonds, policies or undertakings in the name of the Corporation, The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Polvers of Attorney or other obligations of the Corporation. The signature of any such officer and the corporate seal may bc printcd by focsimilc or other electronic image." IN WITNESS WHEREOF, RLI Insurance Company and/or Contractors Bonding and Insurance Company, as applicable, have caused these presents to be execut€d by its respective Vice President with its corporate seal affixed this lst day of August 201 8 RLI Insurance Company Contractors Bonding and Insurancc Company J-. AL j:! .";;l;13ii;!!:;:, ,..$i**.ii,*,2 iii srar..+i'-.or"- , r-s Bartorl W. Davis CERTIFICATE Vice President a. State oflllinois Countv ofPeoria )SS On this _b1_ day of August , 2018 , before me, a Notary Public, personally appeared __-Bade U-Dayjs- who being by me duly swom, acknowledged that he signed the above Power of Attomey as the aforesaid oIficer of the RLI Insurance Compa[y and/or Contractors Bonding and Insurance Company, and acknowledged said instrument to be the volunlary act and deed ofsaid corporation. I, the undersigned ollcer of RLI Insurance Company and/or Contractors Bonding and Insurance Company, do hereby ceniry that the attached Power of Attomey is in full force and eflect and is irrevocable; and furthermore, that the Resolution of the Company as set forth in the Power of Attomey, is now in force. In testimony whereot I have hereunto set my hand and the seal of the RLI Iosurance Com Company this pany,and/or Conlra((ors Bonding and Insur:rncc day of_. \ u!u.l .l{rlx RLI Insurancc Company Contractors Bonding and Iosurance Compaoy \ilr*}h. Atrot r ) Corporate Secletary AOOAI8I? GRETCHEN L JOHNIGK .OFFICALSEAL" M, C.mnn$bn E dr6. M.y 24,2020 By: Gretchen L. Johnigk Notary Public By: rean {Jiedrenson u <a>. Meridian City Council Meeting Agenda August 14, 2018 – Page 144 of 198 ACKNOWLEDGMENT BY SURETY STATE OF lvlinnesota ) ss. County of Hennepin st AOn this &y of , before me personally appeared Michele L. Grogan , known to, me to be the Atlomey-in-Fact of RLI lnsurance Company , thc corporation that executed the within instrument, and acknowledged to me that such corporation executed the same. IN WTNESS WHEREOF, I have hereunto set my hand and affixed my official seal, at my office in the aforesaid County, the day and year in rhis certificate first above wrinen. Public in thc Statc of l\,linn County of Hennepin ..:i:.'.gri.;-. JENNIFEB LAUREN MILLER:Yffi*ii: NoTARY PUBLIo +j,Q581.{'j MTNNESoTA1;i$'':::' My commission Erpi,ss Jan 31.2023 s-0230/GE 10/99 2_0tr Meridian City Council Meeting Agenda August 14, 2018 – Page 145 of 198 aiAD'CERTIFICATE OF LIABILITY INSURANCE 0a / 02/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY ANO COt{FERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AI'END, EXTENO OR ALTER THE COVERAGE AFFORDEO BY THE POLICIES BELOW. THIS CERTTFTGATE OF TNSURANCE DOES NOT CONSTTTUTE A CONTRACT BETWEEN THE |SSU|NG TNSURER(S), AUTXORTZEO REPRESENTATIVE OR PROOUCER, ANO THE CERTIFICATE HOLDER. I PORTANT: lf the certlflcate holdor l! an AOOITIONAL INSURED, th. pollcy(les) must have ADOITIONAL INSUREO provi5lons o. b. endorced. ll SUBROGATION lS WAIVED, subject to tho torms and condltlonB of lh€ pollcy, certaln pollclos may rgqulra an endoraement, A statomanl on thla codltlcato does not confur rlghts to th. cortlficate holdsr ln llou of luch ondorsemcnt(s), 1-512-333-3323 80 Eouth 8tb atE..t Ault.7O0 xlDD.rpoLl., xx 55102 512-333-3323 ffi. *or. srz -:zr -zzzo iNH!"" tJ "lo.t"aobry.co'prat.. . c@ IN S URERIS) AFFOROII{G COVERAGE titSuRER A. NAmILOS INS CO 17370 [{suRED u. S. iat.r g.rvlceE, IDc. !2270 43td slree! NE galDt ld1cha.1, UN 55375 tNsuREiB. GREII DTVIDa INS CO 25224 TNSURERC. ASPEN INS [rt LTD AA.II2O337 t[suRER D. EVANSTON INS CO 35378 IIISURER E Ajr A.rr A COVERAGES CERTIFICATE NUMBERi s35e732{REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE AEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INOICATEO. NOTWTHSTANDING ANY REQUIREMENT. TERM OR CONOITION OF ANY COI.ITRACT OR OTHER OOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUEO OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PA]O CLAIMS. LI TS EACHOCCURRENCE t 1,000,000 PREMISES (Ea @rer)t 300,000 MEo ExP (Any m p€6d)r 10,000 PERSONAL&ADV INJURY i 1,000,000 GENERAL AGGREGATE i 2,000,000 PRODUCTS. COMP/OP AGG $ 2,000,000 COMMERCIAL GENERAL LIAAIL[Y x Prods PollutloE Ll..b, GEN'L AGGREGAIE LIMIT APPLIES PER: x x x x OTHER occlJR LOC 09 /or/1809 /oL/17 $ COMBINED SINGLE LIMIT 3 1,000,000 BOOILY TNJURY (Per !€6on) BOOILY TNJURY {P& a.ddont) $ $ $ OWNEO AUTOS ONLY HIREO AUTOS ONLY x AI]IOIIOBILE LIABILITY SCHEOULEO AUTOS NON.OWNEO AUTOS ONLY x BAP20125a0 - 13 09 /oL/11 09 / oL/ !8 $ EACH OCCURRENCE t 10,000,000 x EEXCESS LIAB occuR AGGREGATE r 10,000,000 c OED RETENTIONS EXAa!VA17 09 /or/t7 09 / oL/LA t x STATUTE OTH- E.L, EACH ACCIOENT S 1,000,000 E L OISEASE. EA EMPLOYEE S r,000,000 A B woRxERa coxPErsanol AND Ef, PLOYERS' LIABILITY ANYPROPRIETOF'PARTNER'EXECUTIVE OFFICER/I'EMBEREXCLUDEO? oFscRrproN oF oPFRATToNs r-r* wcr.2012579-13 (lZ) wc.r,2012s7 8- 13 (AOS) 09 / 0L/L7 09/01/L7 09 /0t/L8 09 /0r/78 E L, OISEASE. POLICY LIMIT r 1,000,000 D Prof .!!tor.I ltabll1ty !(LV7Pr,o002 833 1,000,000 1,000,000 09/01/18 Aggregate09 /oL/a7 lrecr creh oC3CRrPtloN oF oPERATIoxS / LOCAIIONS MlllCLES (ACORD loi, Arldttton.l Rm.t. 3.h.<l!L, my b. .iah.rl r nrd .p.o l. dqsk*l) Clty o! l{.rlall..,i is .ddttloDrl LD.ur.d .! r.!p.ctr g.D.r.L ud .uto 1l.btL1ty pollcl.. tlh.!. r.qulreal by yrlttcu contr.ct, lubjcct to th. pollcl.r t.r!! .!d coEdltloa.. CERTIFICATE HOLOER CANCELLATION Clty o! U.rlatlra ?urcbt'lag xrnager !3 B. Bro.atr.y av6 u.!ldi,rD, ID 835{2 USA SHOULO ANY OF THE ABOVE DESCRIAEO POLICIES BE CA CELLEO BEFORE THE EXPIRATION DATE THEREOF, NOTICE VTILL BE DELIVERED IN ACCOROAXCE WITH THE POLICY PROVISIONS. AUTHORIZEO REPRESENTATIVE ACORO 25 (2016/03) TiIohD! t.d 53591124 PROOUCER E.y! c@pMI.. JECT cLP2 012581- 13 B tr @ 1988-2015 ACORD CORPORATION. All rlghts roservod. The ACORD name and logo aro reglstered marks of ACORO Meridian City Council Meeting Agenda August 14, 2018 – Page 146 of 198 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith 60 - Enterprise Fund 3490 - Water Construction Projects From 10/1/2017 Through 9/30/2018 Amendments Budget with Actual Current Year Remaining Budget Remaining Budget Percent of Capital Outlay 96166 Well #28 construction 10641 Well 28 Water Treatment 800,000.04 7,061.25 792,938.79 99.12% 10641.a Well 28 Water Treatment Facility - Design 0.00 236,554.00 (236,554.00) 0.00% 10641.b Well 28 Water Treatment Facility - Filtration System 0.00 74.52 (74.52) 0.00% Total Capital Outlay 800,000.04 243,689.77 556,310.27 69.54% TOTAL EXPENDITURES 800,000.04 243,689.77 556,310.27 69.54% Date: 8/8/18 10:32:27 AM Page: 1 Meridian City Council Meeting Agenda August 14, 2018 – Page 147 of 198 City of Meridian RFQ NUMBER: PW-1836-10641.B DUE DATE & TIME: June 15, 2018 VENDOR SELECTION: (in order) 1 Tonka Water 91.71 2 WesTech 89.57 3 Loprest 82.01 Date Posted: 7-6-2018 WELL 28 WATER TREATMENT EQUIPMENT SELECTION Meridian City Council Meeting Agenda August 14, 2018 – Page 148 of 198 Meridian City Council Meeting Agenda August 14, 2018 – Page 149 of 198 City Council Workshop August 14, 2018 Agenda Item Number: 4H Proiect/File Number: Item Title: Purchase Orders for Continuation of Contracted Inspection and Plan Review Services PO #18-0477 Idaho DBS $100,000 PO #18-0478 Idaho DBS $100,000 PO #18-0479 Idaho DBS $100,000 PO #18-0480 Idaho DBS $100,000 PO #18-0481 DMH Enterprises $100,000 PO #18-0482 Jackson Code Consultants $100,000 Meetina Notes: uy APPROIED I TEM SHEET C ouncil Agenda I tem - 4.H. Presenter: Estimated Time f or P resentation: Title of I tem - Purchase Order s for C ontinuation of C ontracted Inspection and P lan Review Services T hese P O ’s are no n-encumb ered P O ’s that are a p as s through c o s t and are budget neutral. T hey are no t a guarantee o f wo rk and o nly for payment for s ervic es rend ered through the completion of the exis ting contrac ts. AT TAC HM E NT S: Description Type Upload D ate Memo Cover Memo 8/9/2018 P Os 18-0477 through 18-0482 A greements / C ontracts 8/9/2018 Meridian City Council Meeting Agenda August 14, 2018 – Page 150 of 198 Page 1 Memo To: C. Jay Coles, City Clerk From: Keith Watts, Purchasing Manager CC: Bruce Freckleton Date: 08/09/2018 Re: August 14 th City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 14 th City Council Consent Agenda for Council’s consideration. Approval of the following Purchase Orders for continuation of contracted inspection and plan review services: PO #18-0477 Idaho DBS $100,000 PO #18-0478 Idaho DBS $100,000 PO #18-0479 Idaho DBS $100,000 PO #18-0480 Idaho DBS $100,000 PO #18-0481 DMH Enterprises $100,000 PO #18-0482 Jackson Code Consultants $100,000 Recommended Council Action: Approval, and Authorization for the Purchasing Manager to sign Purchase Orders 18-0477, 18-0478, 18-0479, 18-0480, 18-0481, and 18-0482 for a Not-To-Exceed amount of $100,000 each. Thank you for your consideration. City of Meridian Purchasing Dept. Meridian City Council Meeting Agenda August 14, 2018 – Page 151 of 198 ?){,IDIAN CITY OF I\IERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: IDAHO DIVISION OF BLDG SAFETY 1O9O EAST WATERTOWER ST, STE 150 MERIDIAN, ID 83642 Description Building lnspection Services FY18 (2nd PO) Special lnstructions Purchase Order 819120't8 Attention: BruceFreckelton Billing Address: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 Shipping Address: 33 E Broadway Ave Suite 102 Nreridian, lD 83642 o 18-O477 Shipping Method: FOB: dollars Contractor desination Quantity Unit Price 100000.00 1.00 Purchase Order Total: 100,000.00 $'100,000.00 Contract PO - (2nd PO) Building lnspection Services - approved by Council 9122115 (fot 3ytsl &Amend 7t1117. PO Not-to-Exceed $100,000.00 NewAgreement Total $795,884.12. 01-1940-55201 Case#2Og1A Pu rchasing Manager:_ TotalUnit Meridian City Council Meeting Agenda August 14, 2018 – Page 152 of 198 E IDIAN Purchase Order 81912018 Attention: BruceFreckelton 18-0478 CITY OI.' MI.]RIDIAN 33 EAST BROADWAY AvE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: IDAHO DIVISION OF BLDG SAFETY 1O9O EAST WATERTOWER ST, STE 1 50 MERIDIAN, ID 83642 Billing Address: Shipping Address: Shipping Method: FOB: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 33 E Broadway Ave Suite 102 Meridian, lD 83642 Contractor desination Description Unit Quantity Unit Price Total Comm & Residential Bldg Plan Examiner Services FY18 (2nd PO)dollars 100000.00 1.00 100.000.00 Purchase Order Total $100,000.00 Purchasing Manager: Special lnstructions Contract PO - (2nd PO) Commercial & Residential Building Plan Examiner Services - Approved by Council 9122117 (fot 3yts) & Ame^d711117. PO Not-to-Exceed $100,000.00 New Total $319,752.88. 01-1940-55201 Case#20919 IDAHO Meridian City Council Meeting Agenda August 14, 2018 – Page 153 of 198 E IDIAN CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 836,12 (208) 888-4433 Vendor Address: IDAHO DIVISION OF BLDG SAFETY ,I O9O EAST WATERTOWER ST, STE 1 50 MERIDIAN, ID 83642 Billing Address: Shipping Address: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 33 E Broadway Ave Suite 102 Meridian, lD 83642 PUrChase Order 8tst2o1s Attention: BruceFreckelton 18-0479 Total 100,000.00 $100,000.00 This PO No!to-Exceed Shipping Method: FOB: Contractor destination Description Unit Quantity Unit Price Mechanical lnspection Services FY18 (3rd PO)dollars 100000.00 1.00 Purchase Order Total: Special lnstructions Contract PO - Mechanical lnspection Servlces (3rd PO) Contract approved by Council g/1/15 for 3 years $100,000.00 with Camerons written approval to overspend the account. 01-1940-55202 Case # 20920 IDAHO Purchasing Manager:_ Meridian City Council Meeting Agenda August 14, 2018 – Page 154 of 198 Ol,ft IDIAN Purchase Order 81912017 '18-0480 Attention: BruceFreckelton CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: IDAHO DIVISION OF BLDG SAFETY 1O9O EAST WATERTOWER ST, STE 150 MERIDIAN, ID 83642 18-0322 Electrical Plan Review and lnspection Services FY18 (3rd PO) Purchasing Manager: Special lnstructions Billing Address: Shipping Address: Shipping Method: FOB: Unit dollars Attn: Finance 33 E Broadway Ave Meridian, lD 83642 33 E Broadway Ave Suite 102 Meridian, lD 83642 Total Contractor destination Quantity Unit Price '100000.00 1.00 100,000.00 $100.000.00 Contract PO - Electrical Plan Review and lnspection Services (Additional Services). Council Approved g/1/1 5 for 3 years. This pO Not-to-Exceed $100,000.00 with Camerons written approval to overspend. Ot-tg4O-SSZO3. iase # ZOgZz IDAHO Description Purchase Order Total: Meridian City Council Meeting Agenda August 14, 2018 – Page 155 of 198 ?){,IDIAN CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: DMH ENTERPRISES 1116 N DAWN DRIVE BOtSE, tD 83713 Description Plumbing Plan Review and lnspection SeNices (3rd PO) Pu rchasing Manager: Special lnstructions Purchase Order Attention: BruceFreckelton Billing Address: Attn; Finance 33 E BroadwayAve Meridian, lD 83642 81912018 18-0481 Shipping Address: 33 E Broadway Ave Suite '102 Meridian, lD 83642 Shipping Method: FOB: Unit dollars Quantity Unit Price 100000.00 1.00 Total 100,000.00 $100,000.00 Conkact PO - Plumbing Plan Review & lnspection Services (3rd PO). CouncilApproved September 1, 2015 for 3 years. ThispONot-to-Exceed 100,000.00 with Camerons written approval to overspend the account. 01-1940-55204 Case # 20d23 IDAH O Contractor destination Purchase Order Total: Meridian City Council Meeting Agenda August 14, 2018 – Page 156 of 198 ?il,IDIAN IDAH O Purchase Order Attention: BruceFreckelton 81912018 Total Not-to-Exceed CITY OF MERIDIAN 33 EAST BROADWAY AVE. MERIDIAN, ID 83642 (208) 888-4433 Vendor Address: JACKSON CODE CONSULTANTS, INC PO BOX 1303 MERtDtAN, tD 83680-1 303 Description Fire Plan Reveiw and lnspection Services (2nd PO) Purchasing Manager: Special lnstructions Billing Address: Shipping Address: Attn: Finance 33 E Broadway Ave Meridian, lD 83642 33 E Broadway Ave Suite 102 Meridian, lD 83642 18-0482 100,000.00 $100,000.00 Shipping Method: FOB: Contractor destination Quantity Unit Price 100000.00 1.00 Purchase Order Total 991]r?9!Pq - 12nd Po) Fire Pran Reveiw & rnspection services approved september 1 , 2015 for 3 years $1 00,000.00 Case # 20924 ] unit Iorrars Meridian City Council Meeting Agenda August 14, 2018 – Page 157 of 198 City Council Workshop August 14, 2018 enda Item Number: 41 Project/File Number: Item Title: AP Invoices for Payment 8/15/2018 - $3,225,480.65 Meetina Notes: rte✓ APPROVED I TEM SHEET C ouncil Agenda I tem - 4.I . Presenter: Estimated Time f or P resentation: Title of I tem - AP Invoices for P ayment 8/15/18 - $3,225,480.65 AT TAC HM E NT S: Description Type Upload D ate A P I nvoices for Payment 8/15/18 - $3,225,480.65 Cover Memo 8/9/2018 Meridian City Council Meeting Agenda August 14, 2018 – Page 158 of 198 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 ADVANCE AUTO PARTS Battery, See Credit Inv# 7273-208555, Billed Incorrectly 73.02 01 General Fund ADVANCE AUTO PARTS Credit Battery, See Orig Inv# 7273-208463, Billed Incorrectl (73.02) 01 General Fund ADVANCE AUTO PARTS edger belt for Storey Park - qty 1 6.99 01 General Fund ADVANCE AUTO PARTS lubricant for ball field groomer - qty 5 24.50 01 General Fund AFLAC T5581, July 2018, AFLAC 3,636.28 01 General Fund AMERICAN DOOR SERVICE/MERIDIAN DOOR & HARDWARE Adjusted hanger on door at City Hall 75.00 01 General Fund AMERICAN DOOR SERVICE/MERIDIAN DOOR & HARDWARE repair broken front door handle at Homecourt 670.00 01 General Fund AMY MERRILL instructor fee - Little Prince Dance 7/23-7/26/18 - qty 7 196.00 01 General Fund AMY MERRILL instructor fee - Little Princess Dance Camp 7/16-7/19/18 x 8 392.00 01 General Fund ARLENCO DISTRIBUTION, INC camera power supply 11.90 01 General Fund ARLENCO DISTRIBUTION, INC CCTV Equipment for Bower St. Site Improvement - Qty 6 529.18 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.18-0321 softball umpire services 7/16-7/20/18 - qty 35 games 1,254.12 01 General Fund BOISE SOFTBALL UMPIRES ASSOC.18-0321 softball umpire svcs 7/23-8/4/18 x 88; Red Eye x 28 3,898.84 01 General Fund BPA HEALTH, INC.EAP, August 2018, 534 Employees 1,637.69 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Flat Tire Repair for Unit # 131 15.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & Battery Warranty for Unit # 139 55.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change & One Battery for Unit # 525 226.96 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil change and Cabin Filter for Unit # 11 90.95 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 104 65.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change for Unit # 54 50.00 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Oil Change, RF CV Axle & Seal for Unit # 26 332.36 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Tires and Alignment for Unit # 166 672.03 01 General Fund BRUNEEL TIRE OF MERIDIAN LLC Warranty Front Brakes & Replace Battery for Unit #100 162.00 01 General Fund BRYANT IDEAS Traffic Box Wraps Installed - Qty 4 2,476.00 01 General Fund BUILDING BLOCKS IDAHO instructor fee - Solar Lego 7/16-7/20/18 - qty 5 340.00 01 General Fund Campbell Tractor Co.bushings, screws, lock nuts for various mowers - qty 18 94.56 01 General Fund Campbell Tractor Co.parts for John Deere 1600 mower #3 at Settlers - qty 42 134.56 01 General Fund Campbell Tractor Co.PTO switch for John Deere 997 mower #9 at Kleiner - qty 2 45.08 01 General Fund Campbell Tractor Co.screws, lock nuts, wheel for shop mower - qty 18 93.38 Date: 8/9/18 10:59:43 AM Page: 1Meridian City Council Meeting Agenda August 14, 2018 – Page 159 of 198 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 Campbell Tractor Co.Settlers Park John Deere 1600 mower #3 mulch kit - qty 1 642.22 01 General Fund CASCADE FENCE COMPANY, INC.18-0414, Furnish/Install Fence at Five Mile Cr Pathway-Final 15,000.00 01 General Fund CASCADE FENCE COMPANY, INC.business tenant access to FiveMileCreekH2 Path/gate security 350.00 01 General Fund CASCADE FENCE COMPANY, INC.Kleiner Park East Subdivision Gate Repair 450.00 01 General Fund CASCADE FENCE COMPANY, INC.Removed & Replaced Damaged Posts & Chain Link @ Bower St 1,860.00 01 General Fund CASCADE FENCE COMPANY, INC.repair parts for Settlers Park fence 45.70 01 General Fund CATHI GONZALEZ Per Diem, C. Gonzalez, Natl Org for Victim Assistance Traini 280.50 01 General Fund CITY OF BOISE Allumbaugh House - July - September 2018 Contribution 16,017.80 01 General Fund CITY OF MERIDIAN PETTY CASH Reimburse Petty Cash - July 2018 181.93 01 General Fund CLOVERDALE PLUMBING COMPANY Chateau Park toilet mods & water heater theromstat replace 4,144.82 01 General Fund CUSTOM BIOPLASTICS dog waste bags - qty 256,000 5,120.00 01 General Fund D & B SUPPLY adapter parts for shade cloths at Settlers Park - qty 2 6.98 01 General Fund D & B SUPPLY Dog Food for Arco 97.98 01 General Fund D & B SUPPLY nipple/bushing/reducer parts, shovels - qty 6 130.14 01 General Fund D & B SUPPLY sawzall blades - qty 2 34.98 01 General Fund D & B SUPPLY trash cans for Chateau Park - qty 4 107.96 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO conduit fittings for downtown - qty 2 0.88 01 General Fund ELECTRICAL WHOLESALE SUPPLY CO Time Delay Fuses - Qty 3 87.11 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Cradlepoint installation vehicle#1 vin#2897 plate#C20826 319.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Cradlepoint installation vehicle#2 vin#9499 plate#c20823 319.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Cradlepoint installation vehicle#3 vin#5210 plate#C20825 319.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Cradlepoint installation vehicle#4 vin#4409 plate#C20824 319.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Remove Police Equipment to Prep for Auction 898.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. SWAT Van Hook UP Dome Lights & Install Timer 415.00 01 General Fund ERS, EMERGENCY RESPONDER SERVICES, INC. SWAT Van Install Shelf & Power Accessories 803.00 Date: 8/9/18 10:59:43 AM Page: 2Meridian City Council Meeting Agenda August 14, 2018 – Page 160 of 198 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. Unit # 61 Troubleshoot Radio & Swap Radios/Swap w/# 120 111.00 01 General Fund FEDEX Fingerprinting and Background for Out of State Applicant 55.31 01 General Fund GEM STATE PAPER & SUPPLY CO 18-0444 air freshener - qty 1 case 41.08 01 General Fund GEM STATE PAPER & SUPPLY CO 18-0444 trash bags - qty 231 cases 6,206.97 01 General Fund H.D. FOWLER COMPANY credit on coupling for Settlers Park - qty 2 (23.66) 01 General Fund H.D. FOWLER COMPANY pipe & coupling for Settlers Park - qty 12 37.66 01 General Fund H.D. FOWLER COMPANY sprinklers for Heroes Park - qty 12 327.96 01 General Fund H.D. FOWLER COMPANY valve boxes with covers for Settlers Park - qty 2 19.85 01 General Fund HOME DEPOT CREDIT SERVICES 220/Padlocks, 2 for training trailer, MF025 35.94 01 General Fund IDAHO CORRECTIONAL INDUSTRIES 18-0421 relocation of prod.room equip for Bldg Evo-TI 698.00 01 General Fund IDAHO CORRECTIONAL INDUSTRIES Business Cards for J. Iverson - Qty 1 Box 44.95 01 General Fund IDAHO POWER 2200136188, Parks Power July 2018 14,599.79 01 General Fund IDAHO STATE POLICE Fingerprinting and background July 2018 368.00 01 General Fund IMPACT PEST SERVICES pest control at the Homecourt 9/29/17 89.00 01 General Fund IMPACT PEST SERVICES pest control at the Homecourt on 7/25/18 199.34 01 General Fund IMPACT PEST SERVICES Pest Service 49.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange on 7/10/18 250.00 01 General Fund IMPACT PEST SERVICES vole control at Ten Mile Interchange on 7/26/18 250.00 01 General Fund INTERSTATE PLASTICS clear polycarbonate sheet for Lanark Parks Shop - qty 3 536.82 01 General Fund JAYKER WHOLESALE NURSERY plants for Settlers Park - qty 4 477.35 01 General Fund JAYKER WHOLESALE NURSERY plants for Settlers Park - qty 49 809.20 01 General Fund JOHNSON CONTROLS FIRE PROTECTION LP 220/work on malfunctioning alarm @ St. 4 389.00 01 General Fund L.N. CURTIS AND SONS 18-0465 220/3 pike ventilation poles, equipment 292.17 01 General Fund LASASCO 220/Install new stainless steel counter with sinks, St. 1 9,339.00 01 General Fund LEGACY FEED & FUEL 220/20 in bar for chainsaw 69.99 01 General Fund LEGACY FEED & FUEL 220/Chainsaw chains for chainsaw on BR-34 56.16 01 General Fund LEGACY FEED & FUEL 220/Credit for returned bar for chainsaw, #103480025 (69.99) 01 General Fund LEGACY FEED & FUEL 220/replacement bar for chainsaw 69.99 01 General Fund LEGACY FEED & FUEL 220/return chainsaw bar, credit invoice #103650100 (69.99) 01 General Fund LES SCHWAB TIRE CENTER John Deere 1445 mower #5 tires - qty 2 113.08 01 General Fund LEVIGAIT LLC 220/9 gaitbelt patient movers 1,800.00 01 General Fund LOGAN SIMPSON DESIGN 18-0395 monthly billing for Comp Plan consultant work 13,827.42 01 General Fund LOWE'S clamps & adhesive for Lanark Parks Shop - qty 8 96.52 01 General Fund MASTERCARD MC City #4, #0546, 7/31/18 Statement 1,357.76 01 General Fund MASTERCARD MC City #6 07/18, #0603, 7/31/18 Statement 475.41 01 General Fund MASTERCARD MC City #8, #0595, 7/31/18 Statement 392.00 01 General Fund MASTERCARD MC City #9 07/18, #0579, 7/31/18 Statement 321.00 Date: 8/9/18 10:59:43 AM Page: 3Meridian City Council Meeting Agenda August 14, 2018 – Page 161 of 198 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 MASTERCARD MC City#2, #0561, 7/31/18 Statement -187.91 01 General Fund MASTERCARD MC City#3, #4976, 7/31/18 Statement -115.00 01 General Fund MASTERCARD MC City#7, #0587, 7/31/18 Statement -1,051.00 01 General Fund MASTERCARD MC HR, #0520, 7/31/18 Statement -110.55 01 General Fund MASTERCARD MC Mayor#2, #0769, 7/31/18 Statement -1,864.52 01 General Fund MASTERCARD MC Pay Com-Dev, #0876, 7/31/18 Statement 656.96 01 General Fund MASTERCARD MC Pay Fire#2, #0793, 7/31/18 Statement 1,603.90 01 General Fund MASTERCARD MC Pay Fire#3, #0801, 7/31/18 Statement 714.61 01 General Fund MASTERCARD MC Pay Fire#4, #0819, 7/31/18 Statement 153.72 01 General Fund MASTERCARD MC Pay Fire#5, #0827, 7/31/18 Statement 132.38 01 General Fund MASTERCARD MC Pay IT, #0553, 7/31/18 Statement 954.43 01 General Fund MASTERCARD MC Pay Legal, #0868, 7/31/18 Statement 261.39 01 General Fund MASTERCARD MC Pay Parks#1, #0850, 7/31/18 Statement 1,835.33 01 General Fund MASTERCARD MC Pay Parks#3, #0835, 7/31/18 Statement 81.68 01 General Fund MASTERCARD MC Pay PD#7, #0678, 7/31/18 Statement 1,489.00 01 General Fund MASTERCARD MC Pay PD#8, #0694, 7/31/18 Statement 440.60 01 General Fund MASTERCARD MC PD#8, #0686, 7/31/18 Statement -15.41 01 General Fund MASTERCARD MC PW #1 7/31/18 Statement -3.84 01 General Fund McU SPORTS Let's Play Sports Camp equipment - qty 5 108.60 01 General Fund MERCER HEALTH & BENEFITS PO18-0200 Mercer Health & Benefits Consulting May 2018 5,000.00 01 General Fund MERIDIAN TROPHY 220/Citizen Life Saving Award for Mr. Charles Nobel 44.95 01 General Fund MERIDIAN TROPHY 220/Longevity, retirement plaque for Bill Allen 111.00 01 General Fund NAPA AUTO PARTS 220/mini vehicle bulbs 4.97 01 General Fund NAPA AUTO PARTS 220/NAPA ext life, 2 gallons 17.98 01 General Fund NEW YORK LIFE INSURANCE COMPANY New York Life Insurance - August 2018 799.36 01 General Fund NIGHT VISION DEVICES INC Dovetail Helmet Mount Adapter, Replcmnt piece for Nightvisio 33.80 01 General Fund NW HUMAN RESOURCES CONSULTING Succession Planning Consultation - 7/1/18-7/8/18 472.00 01 General Fund OFFICE DEPOT, INC.11x17 binder - qty 1 16.81 01 General Fund OFFICE DEPOT, INC.220/1 pack DVD-R's 31.81 01 General Fund OFFICE DEPOT, INC.220/2 large whiteboards, 2 message books, key tags 484.01 01 General Fund OFFICE DEPOT, INC.220/Paper 26.58 01 General Fund OFFICE DEPOT, INC.AAA Batteries - Qty 1Pk of 24 18.84 01 General Fund OFFICE DEPOT, INC.Cork Bars - Qty 1 Pk 6.66 01 General Fund OFFICE DEPOT, INC.dividers & folders - qty 8 35.84 01 General Fund OFFICE DEPOT, INC.highlighters, correction tape, paper 145.88 01 General Fund OFFICE DEPOT, INC.Jetstream Blue Refills Qty 12 11.16 01 General Fund OFFICE DEPOT, INC.Magnets and Frames 6.74 01 General Fund OFFICE DEPOT, INC.paper for Parks Tour booklets - qty 1 ream 26.40 Date: 8/9/18 10:59:43 AM Page: 4Meridian City Council Meeting Agenda August 14, 2018 – Page 162 of 198 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 OFFICE DEPOT, INC.Plates, Forks, Monitor Mount Copy Holder, Pen Refills, Envel 89.28 01 General Fund OFFICE DEPOT, INC.Post Cards for Noticing - Qty 5 Boxes 43.70 01 General Fund OFFICE DEPOT, INC.pushpins 8.38 01 General Fund OFFICE DEPOT, INC.sheet protectors,correction tape,paper,pens,binder clips 106.73 01 General Fund OFFICE DEPOT, INC.Storage Box & AA Batteries - Qty 2 51.78 01 General Fund OFFICE DEPOT, INC.Storage Box for Files - Qty 1 32.22 01 General Fund OFFICE DEPOT, INC.tape - qty 1 pkg 9.85 01 General Fund OFFICE TEAM 18-0318 w/e 7/20-John Hale Contract labor Records Retention 647.15 01 General Fund OFFICE VALUE - MERIDIAN Plates,Forks,Spoons & Bowls & Toner, Tissue Note Pads 1,387.51 01 General Fund OXARC, INC.220/4 oxygen cylinder refills 24.10 01 General Fund PAIGE MECHANICAL GROUP, INC.Repair leaking circuit setter at City Hall 675.00 01 General Fund PLATT ELECTRIC SUPPLY data plates and knock out seals for panel circuit-Bld Evo TI 3.98 01 General Fund RECREATION TODAY OF IDAHO playground parts for all parks - qty 86 1,864.07 01 General Fund RECREATION TODAY OF IDAHO playground parts for multiple parts - qty 95 2,176.90 01 General Fund RESERVE ACCOUNT POSTAGE USE, July 2018 1,103.00 01 General Fund RICOH USA, INC C86173707 4/1-30/18 monthly lease 361.41 01 General Fund RICOH USA, INC C86173707 monthly lease 5/1-31/18 361.41 01 General Fund RICOH USA, INC Copier Lease for CID, Aug 2018 251.89 01 General Fund RICOH USA, INC Copier Lease for CODE. Aug 2018 111.22 01 General Fund RICOH USA, INC Copier Lease for Patrol, Aug 2018 273.94 01 General Fund RICOH USA, INC Copier Lease for PSTC, Aug 2018 275.76 01 General Fund RICOH USA, INC Copier Lease for Records, Aug 2018 162.69 01 General Fund ROCKY MTN TOWING Evidence Tow 205.00 01 General Fund RUGBY IDAHO INC instructor fee - Rookie Rugby Clinic 7/24-7/27/18 - qty 11 396.00 01 General Fund SANDRA RAMIREZ Per Diem, S. Ramirez, NIGP National Conference, Nashville TN 324.50 01 General Fund SHANNON LIND instructor fee - Gentle Movement Stretch 7/11-7/25/18 x 3 50.40 01 General Fund SHRED-IT USA, LLC.Shred PD Documents 196.23 01 General Fund SIGNS, ETC logo/installation on Bldg Inspector vehicles1-4 580.00 01 General Fund SIGNS, ETC New Graphics on Doors to Replace Vinyl on Unit# 167 1,044.00 01 General Fund SIGNS, ETC Replace Vehicle Door Graphics for Unit # 141 530.00 01 General Fund SIGNS, ETC Replace Vehicle Graphics Units 525 & 152 2,088.00 01 General Fund SIGNS, ETC Replace Vinyl Door Graphics for Unit 160 1,044.00 01 General Fund SIGNS, ETC Vehicle Graphics for Unit # 102 879.00 01 General Fund SILVER CREEK SUPPLY controllers - qty 2 998.38 Date: 8/9/18 10:59:43 AM Page: 5Meridian City Council Meeting Agenda August 14, 2018 – Page 163 of 198 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 SILVER CREEK SUPPLY freight delivery charge reference invoice S1880772.001 20.00 01 General Fund SILVER CREEK SUPPLY nema cabinets for pulse transmitters - qty 2 288.46 01 General Fund SILVER CREEK SUPPLY spray head pull-up tool for Kleiner Park - qty 3 25.46 01 General Fund SLHS SERVICE AREA Pre Employment Testing 68.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY 12-Hardhats for Building Inspectors-Bldg Evol project 288.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY sand bags & caution tape for Main Street Market - qty 3 17.00 01 General Fund SPECIALTY CONSTRUCTION SUPPLY sand bags for Movie Night - qty 4 10.00 01 General Fund STEVE SIDDOWAY Per Diem, S. Siddoway, 1st Annuyal Regional Director's Retre 147.50 01 General Fund SYNCB/AMAZON 220/1 cotton flag 32.80 01 General Fund SYNCB/AMAZON 500 lb. utility cart for Facilities 80.67 01 General Fund SYNCB/AMAZON ink replacement for CD stamp 9.95 01 General Fund SYNCB/AMAZON Whiteboard for Facilities 416.68 01 General Fund T-ZERS SHIRT SHOP 18-0402 220/Admin polos - 4 149.00 01 General Fund T-ZERS SHIRT SHOP 18-0402 220/tshirts, stock print, qty 87 1,220.44 01 General Fund TATES RENTS (GENERAL OFFICE)submersible pump for Settlers splash pad 7/25/18 36.00 01 General Fund THE ACTIVITY GROUP Bandage Replacements for Trauma Kits 340.30 01 General Fund THE UPS STORE Postage to send Camera to Factory for Replacement 26.44 01 General Fund THE UPS STORE Postage to Send Evidence to Lab 80.89 01 General Fund TONY CHANCE Reimburse, T. Chance, Education Assist, Amer Military Univ, 860.00 01 General Fund TOTAL SYSTEM SERVICES 18-0432 ducting work-Bldg Evol TI 1,040.25 01 General Fund TREASURE VALLEY COFFEE Coffee for PD 67.30 01 General Fund TREASURE VALLEY COFFEE Coffee, Stir Sticks, Cups and Cooler Rental for PD 174.92 01 General Fund TREASURE VALLEY TENNIS ASSOCIATION instructor fee - Tennis 7/10-7/19/18 - qty 64 1,638.40 01 General Fund TURF EQUIPMENT & IRRIGATION oil/hydraulic filters for Toro sprayer - qty 3 44.58 01 General Fund UNIFORMS 2 GEAR 220/Boots, size 11.5 273.78 01 General Fund UNIFORMS 2 GEAR New Hire Body Armor - McDonald 821.16 01 General Fund UNIFORMS 2 GEAR New Hire Clothing , R. Everett 35.99 01 General Fund UNIFORMS 2 GEAR New Hire Gear - Body Armor - Stewart 821.16 01 General Fund UNIFORMS 2 GEAR New Hire Gear Body Armor - Putrah 821.16 01 General Fund UNIFORMS 2 GEAR New Hire Gear for Putrah 42.00 01 General Fund UNIFORMS 2 GEAR New Hire Gear-Body Armor - Enderlin 821.16 01 General Fund UNIFORMS 2 GEAR New Hire James Shackelford Body Armor 821.16 01 General Fund UNIFORMS 2 GEAR Replace Damaged Pants - Kotanjian 83.72 01 General Fund WEX BANK INC #0496-00-332449-8, 7/31/2018_WEX_Bank 35,843.29 01 General Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Insurance - August 2018 5,153.25 01 General Fund WINEGLASS ARTS DEVELOPMENT, INC.18-0292, Concerts on Broadway Concert Production Final Pymt 5,000.00 Date: 8/9/18 10:59:43 AM Page: 6Meridian City Council Meeting Agenda August 14, 2018 – Page 164 of 198 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 WW GRAINGER, INC 220/Funnel, 2 water nozzles, LED lamp bulbs 45.01 01 General Fund XEROX CORPORATION - PASADENA MX4-506016 Xerox 7845 base fee 7/2018; clicks 6/20-7/23/18 463.40 Total 01 General Fund 214,341.84 07 Impact Fund BUSY BEE SAND & GRAVEL, INC.drain rock for Hillsdale Park - qty 2.63 cu yds 32.88 07 Impact Fund H.D. FOWLER COMPANY catch basin plug for Reta Huskey Park drain - qty 1 2.90 07 Impact Fund H.D. FOWLER COMPANY drain parts & supplies for Hillsdale Park - qty 75 452.29 07 Impact Fund H.D. FOWLER COMPANY drain parts for Hillsdale Park - qty 59 166.88 07 Impact Fund KNIFE RIVER 18-0232, Site Work @ Discovery Park - Serv to 7/25/18 322,993.58 07 Impact Fund L.N. CURTIS AND SONS 18-0465 220/strut engine kit for E-36 2,506.00 07 Impact Fund OUTLAND STEEL, INC 18-0235, Steel Fab & Erect @ Discovery Park- Serv to 6/30/18 3,014.92 07 Impact Fund RICE FERGUS MILLER INC 18-0313 220/Concept design services, ST. 6 5,412.19 07 Impact Fund SILVER CREEK SUPPLY controllers - qty 2 998.39 07 Impact Fund SILVER CREEK SUPPLY credit on LXD controller for Keith Bird Legacy Park - qty 1 (846.60) Total 07 Impact Fund 334,733.43 20 Grant Fund governmental MERIDIAN DEVELOPMENT CORPORATION Reimb - Sidewalk Constuction Bid Costs For CDBG Program 2,538.00 20 Grant Fund governmental RESERVE ACCOUNT POSTAGE USE, July 2018 2.21 Total 20 Grant Fund governmental 2,540.21 60 Enterprise Fund ADAM JENNINGS Reimb, A. Jennings, WW Laboratory I Testing Fee & License 117.00 60 Enterprise Fund ADVANCED CONTROL SYSTEMS, LLC 18-0389 SCADA System Upgrades Professional servs 6/25to7/24 8,342.00 60 Enterprise Fund AFLAC T5581, July 2018, AFLAC 517.50 60 Enterprise Fund AIR FILTER SUPERSTORE WHOLESALE LLC STandard & high capacity HVAC filters (44 qty)327.76 60 Enterprise Fund AME ELECTRIC 17-0275,18-0464, SCADA System Upgrades - Final Invoice 26,177.01 60 Enterprise Fund AMY WITTMUSS Refund, 3669117201, Wat/Sew/Trash, 478 E. ST. Kitts Dr 76.07 60 Enterprise Fund BILLING DOCUMENT SPECIALISTS 18-0031, IVR Processing - July 2018 1,354.75 Date: 8/9/18 10:59:43 AM Page: 7Meridian City Council Meeting Agenda August 14, 2018 – Page 165 of 198 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 BILLING DOCUMENT SPECIALISTS 18-0032, Lockbox Processing - July 2018 1,553.64 60 Enterprise Fund BOE - Boise Office Equipment XKPS547491, Copies 7/3/18-8/2/18 161.22 60 Enterprise Fund BPA HEALTH, INC.EAP, August 2018, 534 Employees 439.57 60 Enterprise Fund CENTURYLINK #73380801, WWTP Long Distance Calls 0.20 60 Enterprise Fund CODY HUDDLESTON Refund, 3565070801, Wat/Sew/Trash, 2299 S. Bayou Bar Way 114.81 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY 18-0193,WRRF Cap.Exp. electrical parts returned - Qty 24 (3,187.12) 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY 18-0423,WRRF Cap.EXp.Elect materials install 7/24/18 92,487.92 60 Enterprise Fund COLUMBIA ELECTRIC SUPPLY Wire & cond. body cover to install chlorine transfer pump 264.42 60 Enterprise Fund CONSOLIDATED SUPPLY COMPANY Tools for new Inspector 568.98 60 Enterprise Fund D & B SUPPLY 5gl Water Cooler Qty 1 29.99 60 Enterprise Fund D & B SUPPLY I-Beam Level, ORDP IM SKT Qty 2 46.98 60 Enterprise Fund D & B SUPPLY Mineral oil (3 gal)62.97 60 Enterprise Fund D & B SUPPLY Mini-moxxles & adjustable nozzle (4 qty)28.96 60 Enterprise Fund D & B SUPPLY Rope Ring, Mini Grip, Ratchet Tie Down Qty 5 48.45 60 Enterprise Fund DANIEL FERGUSON Refund, 46170212-02, Wat/Sew/Trash, 2881 E. Lucca Dr. 53.72 60 Enterprise Fund ENVIRONMENTAL EXPRESS, INC.Digestion tubes for TP (1 pk)147.59 60 Enterprise Fund ENVIRONMENTAL EXPRESS, INC.Specimen cups (20 bags)277.70 60 Enterprise Fund ERS, EMERGENCY RESPONDER SERVICES, INC. Additional Equip & Labor for ER Lighting C20663 1,397.88 60 Enterprise Fund ERS, EMERGENCY RESPONDER SERVICES, INC. ER Lighting Installation for Hino Valve Trk C20663 6,743.68 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC 18-0397 FY18 Water Testing Qty 18 1,116.00 60 Enterprise Fund EUROFINS EATON ANALYTICAL LLC 18-0397 FY18 Water Testing Qty 285 2,508.00 60 Enterprise Fund EXECUTRAIN OF IDAHO Registration for K.Wolford & R. Rhoads-Excel for Beginners 261.00 60 Enterprise Fund FASTENAL COMPANY Hi-vis safety vests-sizes small & medium (12 qty)105.93 60 Enterprise Fund FASTENAL COMPANY Nitrile gloves-size L (2,000 qty)250.40 60 Enterprise Fund FASTENAL COMPANY Nitrile gloves-size XL (2,000 qty)250.40 60 Enterprise Fund FASTENAL COMPANY Primer, T Washers, RR Sealant Qty 155 20.63 60 Enterprise Fund FERGUSON ENTERPRISES INC.Ring gasket & blind flange for digester 4 project (3 qty)41.58 60 Enterprise Fund FERGUSON ENTERPRISES INC.Solid blind flange 135.71 60 Enterprise Fund FIRST RATE PROPERTY MANAGEMENT Refund, 1734109003, Wat/Sew/Trash, 1433 E. Sage Hen Ct, Both 141.82 60 Enterprise Fund FRED PRYOR SEMINARS Terri Ricks mbrship 8/24/18-8/23/19 renewal 199.00 60 Enterprise Fund GGR, LLC Release, Surety-2016-0080, Calderwood Bus Park & Utility Ext 8,257.14 Date: 8/9/18 10:59:43 AM Page: 8Meridian City Council Meeting Agenda August 14, 2018 – Page 166 of 198 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 H.D. FOWLER COMPANY Arm Shaft Gasket Qty 34 1,739.05 60 Enterprise Fund H.D. FOWLER COMPANY Ford Brand Meter Setter Qty 1 1,324.63 60 Enterprise Fund HOME DEPOT CREDIT SERVICES Tornando Hook, Premium Adhesive Qty 3 19.22 60 Enterprise Fund HONSINGER LAW 18-0303,Water Rights Housekeeping service as of 7/13/18 1,900.00 60 Enterprise Fund IDAHO CORRECTIONAL INDUSTRIES Bussiness Cards for new Hires C. Ambroz, E. Hughes Qty 2 92.50 60 Enterprise Fund IDAHO POWER #2207146099, Water Power July 2018 Well 32 50.39 60 Enterprise Fund IDAHO POWER 2202131047, WWTP Power - July 2018 42,463.05 60 Enterprise Fund IDAHO POWER 2204228288, Water Power July 2018 46,752.75 60 Enterprise Fund IDAHO POWER 2205167097 WWTP Power - Liftstations - July 2018 3,358.05 60 Enterprise Fund JACK WOLFSON Refund, 15222074-06, Wat/Sew/Trash, 2234 W. Andrew Creek St. 52.38 60 Enterprise Fund JAMES & LEAH CROTTY Refund, 46600622-03, Wat/Sew/Trash, 1971 G. Terza St. 187.45 60 Enterprise Fund JAMES & LEAH CROTTY Refund, 66000333-02, Wat/Sew/Trash, 3432 W. Bay Oak St 37.57 60 Enterprise Fund JASON SMITH Reimb, J. Smith, Application, Exam, Cert Fees - Drinking Wat 87.00 60 Enterprise Fund JC CONSTRUCTORS INC 18-0066,WRRF Cap.Exp.Const.services thru 7/25/18 1,182,676.40 60 Enterprise Fund JERALD & MO O WILSON Refund, 4646707005, Wat/Sew/Trash, 3882 S. Milan Way 44.79 60 Enterprise Fund KATHLEEN TAPIA Refund, 18400216-02, Wat/Sew/Trash, 2700 E. Clarene Dr. 96.95 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 & 18-0456-QLPE Svcs-6/1-30/18-Hill's Cntry Frm#10 1,300.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svcs 6/1-30/18 Little Crk(Apt)phz#2-7sheets 1,820.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svcs 6/1-30/18 Shelburne Sub#2-5sheets 1,300.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060 QLPE Svcs 6/1-30/18 Twelve Oaks-5sheets 1,300.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0060-QLPE Svcs-6/1-30/18 Hill's Century Frm #9-5sheets 1,300.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456 QLPE Svcs 6/1-30/18 Sky Mesa Cmns#1-11 sheets 2,860.00 60 Enterprise Fund KELLER ASSOCIATES, INC.18-0456-QLPE Svcs 6/1-30/18 Movado sub#4-4 sheets 1,040.00 60 Enterprise Fund KODY & STEPHANIE HALLFORD Refund, 1631078805, Wat/Sew/Trash, 1238 W. Fairwood Dr. 254.73 60 Enterprise Fund LES SCHWAB TIRE CENTER Replacement sensor on Collections vehicle C14936 289.76 60 Enterprise Fund MASTERCARD MC HR, #0520, 7/31/18 Statement -860.00 Date: 8/9/18 10:59:43 AM Page: 9Meridian City Council Meeting Agenda August 14, 2018 – Page 167 of 198 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 MASTERCARD MC Pay Water, #0538, 7/31/18 Statement 100.97 60 Enterprise Fund MASTERCARD MC PW #1 7/31/18 Statement -608.48 60 Enterprise Fund MASTERCARD MC PW #2 7/31/18 Statement 42.45 60 Enterprise Fund MASTERCARD MC WW, #0611, 7/31/18 Statement -1,448.82 60 Enterprise Fund MCMASTER-CARR SUPPLY COMPANY Coiled spring pin (2 pks)27.20 60 Enterprise Fund MERIDIAN TROPHY Plaques for food service awards (3 qty)224.85 60 Enterprise Fund METROQUIP, INC.Bolt for vactor hydrocleaner C19957 (2 qty)3.06 60 Enterprise Fund METROQUIP, INC.Metro Tech VM-810 Locator Qty 2 6,405.60 60 Enterprise Fund METROQUIP, INC.Nozzles & gaste for cleaning digesters & clarifiers (2 qty) 23.82 60 Enterprise Fund METROQUIP, INC.Nozzles for cleaning digesters & clarifiers (5 qty)145.65 60 Enterprise Fund METROQUIP, INC.Replacement grease for vactor hydrocleaner C19957 37.99 60 Enterprise Fund METROQUIP, INC.Returned nozzles-wrong thread (5 qty)(145.65) 60 Enterprise Fund MIGUEL ESPINOLA Reimb, M. Espinola, WW Collections III Testing fee & License 117.00 60 Enterprise Fund MYFLEETCENTER.COM Oil change on Collections vehicle C14936 33.59 60 Enterprise Fund MYFLEETCENTER.COM Oil change on Maintenance vehicle C19118 55.19 60 Enterprise Fund NELSON, GARRICK Reimb, G. Nelson, PE Lic Renewal, P-10377, 8/31/18-8/31/20 150.00 60 Enterprise Fund NEW CAVANAUGH LLC Refund, Surety-2018-0070, Caven Ridge East Sub No 1 35,546.00 60 Enterprise Fund NICOLE EVANS Refund, 3669225002, Wat/Sew/Trash, 1910 S. Marsh Wood Pl 57.93 60 Enterprise Fund NORCO 2 Hi vis T-shirts for new inspector 17.92 60 Enterprise Fund NORCO 2 Safety vest for new inspector 21.22 60 Enterprise Fund NORCO Argon gas for welder 173.26 60 Enterprise Fund NORCO Bleach cleanser & laundry detergent (20 qty)90.78 60 Enterprise Fund NORCO Bleach cleanser (6 qty)7.98 60 Enterprise Fund NORCO Cylinder rental for July 2018 61.44 60 Enterprise Fund NORCO Fire extinguisher for Lab vehicle 32.58 60 Enterprise Fund NORCO Floor cleaner & degreaser (4 cs)184.44 60 Enterprise Fund NORCO Racks to hang coolers (2 qty)187.46 60 Enterprise Fund NORCO Returned fire extinguisher for Lab vehicle-too big (44.42) 60 Enterprise Fund NORCO Z-fold wipes (20 cs)527.03 60 Enterprise Fund OFFICE DEPOT, INC.Batteries, Plates, Napkins Qty 5 48.88 60 Enterprise Fund OFFICE DEPOT, INC.Blk Refill Ink, Precut File Tabs, Post it notes Qty 4 19.35 60 Enterprise Fund OFFICE DEPOT, INC.Copy paper - qty 1 case & card stock - Qty 1 Pk 37.84 60 Enterprise Fund OFFICE DEPOT, INC.Credit for Copy Holder Qty 1 See Orig Inv 164186369001 (10.27) 60 Enterprise Fund OFFICE DEPOT, INC.Credit for Desk Pad Qty 1 See Orig inv 164187817001 (9.83) 60 Enterprise Fund OFFICE DEPOT, INC.Cups, Hot and Cold Qty 6 45.78 Date: 8/9/18 10:59:43 AM Page: 10Meridian City Council Meeting Agenda August 14, 2018 – Page 168 of 198 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 OFFICE DEPOT, INC.Desk Pad Qty. 1 13.11 60 Enterprise Fund OFFICE DEPOT, INC.Deskpad Qty. 1 9.83 60 Enterprise Fund OFFICE DEPOT, INC.Magnets and Frames 154.80 60 Enterprise Fund OFFICE DEPOT, INC.Plates, Forks, Monitor Mount Copy Holder, Pen Refills, Envel 10.27 60 Enterprise Fund OFFICE VALUE - MERIDIAN 2-hole punch 18.91 60 Enterprise Fund OFFICE VALUE - MERIDIAN Credit for returned envelopes - Qty 1 (21.26) 60 Enterprise Fund OFFICE VALUE - MERIDIAN Envelopes - Qty 1 Carton 21.26 60 Enterprise Fund OFFICE VALUE - MERIDIAN Padded envelopes - Qty 2 Boxes 43.94 60 Enterprise Fund ORVILLE & HEIDI THOMPSON Refund, 3100000101, Sewer, 975 S Locust Grove Rd, Overchage 28,468.30 60 Enterprise Fund OXARC, INC.18-0091 Sodium Hypochlorite Delivery Qty 2885gl 4,744.55 60 Enterprise Fund OXARC, INC.18-0091 Sodium Hypocholorite Delivery Qty 2600gl 4,280.00 60 Enterprise Fund PACIFIC BACKFLOW 18-0051 Backflow Device Testing Qty 10 230.00 60 Enterprise Fund PACIFIC STEEL & RECYCLING Round bar for mixer 3, digester 5 & stock (3 qty)359.85 60 Enterprise Fund PACIFIC STEEL & RECYCLING Steel for fishing tool to clean mixer 3, digester 5 (2 qty)216.10 60 Enterprise Fund PLATT ELECTRIC SUPPLY 1-hole strap to hang water coolers (8 qty)1.10 60 Enterprise Fund PLATT ELECTRIC SUPPLY Aux Contact Qty 1 24.93 60 Enterprise Fund QUALITY EQUIPMENT MANAGEMENT Refund, 9901104801, Dumpster, 2847 N. Eagle Rd., #120 639.29 60 Enterprise Fund REPUBLIC SERVICES, INC.Republic Trash Services Contract - July 2018 1,122,553.56 60 Enterprise Fund RESERVE ACCOUNT POSTAGE USE, July 2018 224.03 60 Enterprise Fund RICHARD L. PALMER Refund, 14201428-01, Wat/Sew/Trash, 1920 N. Oak Hills Dr. 473.21 60 Enterprise Fund ROBERTSON SUPPLY, INC.Victaulic end caps for digester fill (2 qty)23.70 60 Enterprise Fund RYAN & MIA BRENNAN Refund, 04705216-02, Wat/Sew/Trash, 405 W. Gable St. 80.67 60 Enterprise Fund SERVICE MASTER RESTORE AND REMOVE Refund, 9901104401, Dumpster, 1441 W Storey St, Job Complete 147.79 60 Enterprise Fund SHANDY LAM Per Diem, S. Lam, Digital Marketing Boot Camp, Portland OR, 160.00 60 Enterprise Fund SHIRLEY JACKSON Refund, 1733434802, Wat/Sew/Trash, 2536 N. Tuscan Ave. 135.60 60 Enterprise Fund SKILLPATH SEMINARS Registration, S. Lam, Digital Marketing Bootcamp, Portland O 224.25 60 Enterprise Fund SPECIALTY CONSTRUCTION SUPPLY Road Closure Signs for Valve Replacement 369.30 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC PVC female thread cap (4 qty)11.44 60 Enterprise Fund SPECIALTY PLASTICS & FAB, INC PVC Union socket (2 qty)74.00 60 Enterprise Fund SWIOS 2018 Membership Dues for R. Murray 15.00 Date: 8/9/18 10:59:43 AM Page: 11Meridian City Council Meeting Agenda August 14, 2018 – Page 169 of 198 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 SYNCB/AMAZON Heavy duty garden hose shut off valve w/washer (8 pks) 47.92 60 Enterprise Fund SYNCB/AMAZON Lap Top Mount for Vehicle C19573 269.49 60 Enterprise Fund T-MOBILE C/O ACCOUNTS PAYABLE Refund, 9901038201, Wat/Sew/Trash, 3265 E. Goldstone Dr. 2,216.34 60 Enterprise Fund TELANSWER, INC After hour Answering Service 8/1 to 8/31/2018 168.50 60 Enterprise Fund TERRACON CONSULTANTS 18-0327,WEll 32 Special Inspections service thru 7/14/18 1,078.75 60 Enterprise Fund THE UPS STORE Returned 9 inch kelvar gasket to Wastecorp 23.18 60 Enterprise Fund TS DEVELOPMENT LLC Refund, Surety-2016-0068, McLinder Subdivision No.2, Release 3,600.00 60 Enterprise Fund USA BLUEBOOK Inverted Paint Blue Qty 3, Chlorine Reagent Set Qty 3 382.93 60 Enterprise Fund USA BLUEBOOK Submers Level Transmitter Qty 1 714.95 60 Enterprise Fund USA BLUEBOOK Submers Slim Level Transmitter Qty 1 699.95 60 Enterprise Fund VERIZON FINANCIAL SERVICES, LLC. BELLEVUE 272508216-00001 Modem for Sys Emergency - 6/24/18-7/23/18 16.00 60 Enterprise Fund WEX BANK INC #0496-00-332449-8, 7/31/2018_WEX_Bank 6,277.11 60 Enterprise Fund WILLAMETTE DENTAL OF IDAHO, INC Willamette Dental Insurance - August 2018 2,858.35 60 Enterprise Fund WW GRAINGER, INC SS worm gear hose clamp (1 pk)9.59 60 Enterprise Fund XEROX CORPORATION - PASADENA LX7985464 monthly copier lease for June 2018 153.94 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4-741080 Monthly Lease June 2018 Qty 4724 418.73 60 Enterprise Fund XEROX CORPORATION - PASADENA MX4761692 monthly copier lease for June 2018 299.59 Total 60 Enterprise Fund 2,673,865.17 Report Total 3,225,480.65 Date: 8/9/18 10:59:43 AM Page: 12Meridian City Council Meeting Agenda August 14, 2018 – Page 170 of 198 City Council Workshop August 14, 2018 enda Item Number: 6A Proiect/File Number: Item Title: Historic Preservation Commission Update Recognition of the Village of Meridian's 125th Anniversary Meetinq Notes: I TEM SHEET C ouncil Agenda I tem - 6.A . Presenter: J osh E varts and B laine J ohnston Estimated Time f or P resentation: 12 min Title of I tem - Historic P reser vation Commission Update in Recognition of the Village of M eridian's 125th Anniversary HP C leadership would like to present to C ity C ouncil in order to recognize our 125 anniversary and provide an update to the Council on current initiatives: establishing a roster of photographers who can take photos of historic sites prior to their deterioration or demolition, working with the Historical Society to create a listing of O ld Town block/lot owners that can be referenced by the Meridian D owntown B usiness Association, working on creating a collection of Meridian maps that can be printed and published, and working to determine which items can be digitized f rom the Historical Society's collections (possibly starting with the newspapers and/or photos of signif icance if L ila and her team want digital copies). Meridian City Council Meeting Agenda August 14, 2018 – Page 171 of 198 The Office of the Mayor P R O C L A M A T I O N WHEREAS, 2018 marks the 125th anniversary of the original settlement which is now known as City of Meridian; and, WHEREAS, Meridian’s earliest settlers lived along Five Mile Creek where there was running water; the U.S. Postal Service soon established a mail drop along the railroad line, which was named “Hunter” after its superintendent; and, WHEREAS, In 1893, an Order of Odd Fellows chapter was established and adopted the name “Meridian” for its lodge, in recognition of Idaho’s principle surveyor’s meridian, which runs along Meridian Road as it passes through town; and, WHEREAS, the original Meridian town site was filed on August 18, 1893 on homestead grant land belonging to Eliza Ann Zenger, whose husband, Christian, filed the plat and called it Meridian and it has truly become the “Center of the Treasure Valley”; and, WHEREAS, since its beginning Meridian has been “Built for Business and Designed for Living” by establishing itself as a dairy center for the state with its small town friendliness which is celebrated each year during Meridian Dairy Days , and throughout the year by being a safe, attractive, and vibrant community; and WHEREAS, we wish to thank the Meridian Historic Preservation Commission and the Meridian Historical Society for keeping the our history alive and thriving; and, THEREFORE, I, Mayor Tammy de Weerd, do proclaim August 18, 2018 as the: City of Meridian’s 125th Anniversary in the City of Meridian and urge all citizens to join with me in celebrating the City of Meridian’s 125th anniversary. Dated this 14th day of August, 2018. ______________________________________ Mayor Tammy de Weerd Joe Borton, City Council President Luke Cavener, City Council Vice President Anne Little Roberts, City Council Genesis Milam, City Council Treg Bernt, City Council Ty Palmer, City Council City Council Workshop August 14, 2018 enda Item Number: 7A Proiect/File Number: Item Title: Resolution No. 18-2090 A Resolution Re -Appointing Steve Vlassek to Seat 3 of the Meridian Development Corporation, Re -Appointing Tammy de Weerd to Seat 5 of the Meridian Development Corporation and Re -Appointing Nathan Mueller to Seat 8 of the Meridian Development Corporation Meetinq Notes: A6 /4z'/ -k - /Vi joelj;d I TEM SHEET C ouncil Agenda I tem - 7.A . Presenter: M ayor D eWeerd Estimated Time f or P resentation: 3 minutes Title of I tem - Resolution No. 18-2090: A Resolution Re-Appointing S teve V lassek to S eat 3 of the M eridian Development C orporation, Re-Appointing Tammy de Weerd to Seat 5 of the M eridian Development Corporation and Re-Appointing Nathan M ueller to Seat 8 of the M eridian Development Corporation Mayor's Of f ice: A ppointment of Meridian D evelopment Corporation Board Members AT TAC HM E NT S: Description Type Upload D ate Resolution Resolution 8/10/2018 Meridian City Council Meeting Agenda August 14, 2018 – Page 172 of 198 RESOLUTION RE-APPOINTING VLASSEK , DEWEERD AND MUELLER TO SEATS 5, 3, AND 8 TO MERIDIAN DEVELOPMENT CORPORATION PAGE 1 OF 1 CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BERNT, BORTON, CAVENER, LITTLE ROBERTS, MILAM, PALMER A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, REAPPOINTING STEVE VLASSEK TO SEAT 3, REAPPOINTING TAMMY DEWEERD TO SEAT 5, AND REAPPOINTING NATHAN MUELLER TO SEAT 8 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Idaho Code § 50-2704, Meridian City Code § 1-13-4 charges the full City Council with appointment of members to the Board of the Meridian Development Corporation; and WHEREAS , the Mayor and City Council find that it is in the best interest of the people of Meridian to reappoint Steve Vlassek to Seat 3 of the Meridian Development Corporation; WHEREAS , the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint Tammy de Weerd to Seat 5 of the Meridian Development Corporation; WHEREAS , the Mayor and City Council find that it is in the best interest of the people of Meridian to appoint Nathan Mueller to Seat 8 of the Meridian Development Corporation; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That Steve Vlassek is hereby reappointed to Seat 3 of the Meridian Development Corporation for a term to run from September 1, 2018 through August 31, 2021 Section 2. That Tammy de Weerd is hereby appointed to Seat 5 of the Meridian Development Corporation for a term to run from September 1, 2018 through August 31, 2021; Section 3. That Nathan Mueller is hereby appointed to Seat 8 of the Meridian Development Corporation for a term to run from September 1, 2018 through August 31, 2021; Section 4. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this 14 th day of August, 2018. APPROVED by the Mayor of the City of Meridian, Idaho, this 14 th day of August, 2018. APPROVED: ATTEST: _________________________________ _________________________________ Mayor Tammy de Weerd C.Jay Coles, City Clerk Meridian City Council Meeting Agenda August 14, 2018 – Page 173 of 198 City Council Workshop August 14, 2018 Aaenda Item Number: 8A Proiect/File Number: Item Title: Community Development Department Annual Report Meetina Notes: �xx City Council Meeting August 14, 2018 I TEM SHEET C ouncil Agenda I tem - 8.A . Presenter: Cameron Arial Estimated Time f or P resentation: Title of I tem - C ommunity Development Department Annual Report Meridian City Council Meeting Agenda August 14, 2018 – Page 174 of 198 6. ❑ The applicant and/or property owner shall have an ongoing obligation to prune all trees to a minimum height of six feet above the ground or sidewalk surface to afford greater visibility of the area. 7. ❑ The applicant shall revise the landscape plan to illuminate all pathways with a four -foot tall bollard style or similar lighting source. Such lighting shall be shielded from adjoining residences. 8. ❑ Low pressure sodium lighting shall be prohibited as an exterior lighting source on the site. Annual Update: Community Development Department CITY COUNCIL AUGUST 14, 2018 Discussion Items Three Divisions, ONE Team Staffing Update Planning Development Services Economic Development Discussion Three Divisions, One Team Community Development Development Services Planning Economic Development The Development Process: A Team Approach Step Team Member Business Recruitment Economic Development Site Selection & Design Economic Development, Planning Business Assistance (including Pre- Application meetings) Planning, Development Services, Economic Development Platting & Infrastructure Development Services, Planning Entitlement Process Planning, Development Services Building Permits Development Services Building Occupancy & Inspections Development Services, Planning Business Retention Economic Development Org Chart - As of Today Staffing Update Renee Hibbard Dev. Permit Tech. I Ashlee Druffel Dev. Permit Tech. I Steph Leonard Current Assist. Planner Ryan Beecroft Addressing Tech. Cameron Arial Director Kevin Holmes Current Assit. Planner Riley Orozco Inspector I Jeffrey Dart Inspector I John Shane Inspector I Michael LeBeau Bldg. Inspection Supervisor ONE Team PLANNING CURRENT, LONG RANGE & CDBG Development Activity Report CY18 to date (Planning approvals) Special Project •New Handouts –Future Land Use & Zoning (their relationship) •Also being used as the first slide for PowerPoint presentations –Public Involvement for Development (a 101 for how the public can be involved in development) Recent Efforts •Interactive web maps on Planning Website –Zoning (and basic parcel information) •www.meridiancity.org/zoningmap –Future Land Use (and related elements) •www.meridiancity.org/FLUM Allows Staff and the public ready-access to GIS information Recent Efforts (cont.) •UDC Amendment for Home Occupations and Food and Beverage Processing/Breweries/Drinking Establishments •Evaluation of Open Space and Amenity Options as well as Residential Zoning (with UDC Workgroup) •Staff Report Reformatting •Avolve (on-line submittal) Preparation •Website Updates •New AUP template letter to eliminate redundancy •New CZCU process to minimize review of use changes •Developing performance measures and metrics to monitor and improve processes Comprehensive Plan STATUS REPORT Comprehensive Plan Status Report Phase 1: Foundation (Complete) 1,500 Participants. Online and at events. What do they love or want to see improved (Values). Phase 2: Visioning (We are here) Focused on the Vision and based on Phase 1. Phase 3: Choices Focus on market, land use, and transportation analysis, and built on the communities input from Phase 1 & 2 Phase 4: The Plan Drafts of the plan, public review, and adoption. Comprehensive Plan Status Report Strongest public involvement occurs at public events Main Street Market Summer Fun (Kleiner Park) CableOne Movie Night Concerts on Broadway Coffee with the Mayor, Town Halls, Public Works Week, etc. Continuing to push for involvement on new social media and on the website. www.meridiancity.org/CompPlan New survey Idea Wall Pin Map Recently Completed Projects Ustick, Locust Grove to Linder (complete); Franklin, Linder to Ten Mile (complete); Pine Avenue, Meridian to Locust Grove (complete in mid-September) Ongoing coordination: VRT - Harvest Transit and Fixed-Route preparation COMPASS - RTAC, DAWG, RWT Work Group and Pathway grants ITD - US 20/26 ACHD Linder, Ustick to Chinden (2019) Linder, Franklin to RR Tracks (2020) Ten Mile, Ustick to Chinden (2020) Meridian, Cherry to Ustick (2020) Eagle, Amity to Victory (2021) Transportation Projects CDBG Program PY2017 Projects •MDC Downtown Sidewalk Construction •ACHA Down Payment Assistance Program •Neighborworks Down Payment Assistance Program Public Service •Meridian Food Bank •Meridian Boys & Girls Club •Jesse Tree (Rental Assistance) Admin Activities •General Administration & Fair Housing Activities •Slum & Blight Plan Development Upcoming Program Year (PY18) Allocation: $422,128 DEVELOPMENT SERVICES THE MERIDIAN DEVELOPMENT MARKET Highlighted Projects Name Description Breda Beds 28,585 sf Furniture Assembly/Warehouse RC Willey 45,000 sf Warehouse Ten Mile Stor-It Storage Facility SOLV Office and Warehouse Office and Warehouse Building Brighton Building 83,434 sf Office Building Jade Way Office 5,950 sf Office Building Gramercy 3-Story Office Office Building Fast Eddy’s Quick Lube/Carwash Quick Lube and Carwash Facility Primary Health Pediatric Care Pediatric Urgent Care Facility Development Activity Report CY18 to date (Building Permits) Residential Permitting Activity August thru July Previous Year This Year New Single Family Homes 1,297 1,788 New Single Family Value $316,385,778 $448,092,050 Multi-Family Units 554 984 Multi-Family Value $48,683,275 $87,652,276 Commercial Permitting Activity August thru July Previous Year This Year New Commercial Buildings 66 74 New Commercial Value $82,482,264 $76,291,701 New Commercial Square Footage 651,855 s.f. 797,881 s.f. Commercial Tenant Improvements (TI) 134 214 Commercial TI Value $35,799,411 $61,333,523 Commercial TI Square Footage 1,078,483 s.f. 1,579,196 s.f. City-wide Assessed Values Last Year’s Total Value $10,974,226,600 Current Year’s Total Value $11,955,348,100 Change in Total Value $1,195,534,810 Economic Development 2,877 New Jobs in 2017 Over 75 New Businesses Top Five Industry Job Growth Health Care and Social Assistance Accommodation and Food Services Professional Technical Retail Finance & Insurance 2.6% Unemployment *Statistics Source: Idaho Department of Labor Meridian Job Creation Average Income: $40,000 Median Home Value (New Construction): $352,000 Median Rent Price in Meridian: $1,550 Vacancy Rates (August 1, 2018) Retail: 6.68% Industrial 3.56% Office: 6.83% *Statistics Source: Thornton Oliver Keller Meridian Job Creation & Market 85 One-on-One Business Assistance Meetings 26 Business Retention Visits 15 Out-of-State Site Visits 23 Organizational Partner Meetings 87 Facebook & OppSites Marketing Posts Economic Development Stats Economic Development Successes Focus: Target Marketing •What is it? •Why is it important? •Timeline Targeted Industry Analysis 2.A.1 Identify, Develop and utilize the tools needed for successful attraction and retention of jobs. •INCENTIVES & ECONOMIC DEVELOPMENT POLICY •Permit Fees •Parking Waivers •Expedited Services City Council Workshop August 14, 2018 enda Item Number: 8B Project/File Number: Item Title: Community Development Monthly Building Services Update _— Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.B . Presenter: Estimated Time f or P resentation: Title of I tem - C ommunity Development: M onthly Building Services Update Meridian City Council Meeting Agenda August 14, 2018 – Page 175 of 198 Community Development Evolution Update CITY COUNCIL WORKSHOP AUGUST 14, 2018 Monthly Update to Council Budget Amendment Recap Interdepartmental Team - Status Updates Building (Community Development) Finance & Purchasing IT HR Tenant Improvement (PW Capital Projects) Budget Amendment Recap Budget Amendments On-Going One-Time Total FY2018 FTEs and Vehicles $ 1,731,927 $ 492,600 $ 2,224,527 $ 925,581.88 Tenant Improvements $ - $ 284,868 $ 284,868 $ 284,868 Technology $ 96,998 $ 449,905 $ 546,903 $ 546,903 Total $ 1,828,925 $ 1,227,373 $ 3,056,298 $ 1,757,352 Building - Summary RFQ Selection Process Short Term PSA with DBS: DBS Letter – Termination Notice of Mechanical Services ending 12/31/2018. DBS preparing proposal to continue limited electrical inspection services beyond Sept. 30th. Current expenditures to date: $6,737 Building - New FTE’s Building Inspector Supervisor - Michael LeBeau Electrical Inspection Supervisor - (offer extended & accepted) Building Inspector I - John Shane Building Inspector I - Jeffrey Dart Building Inspector I - Riley Orozco Additional Interviews Scheduled Building - Safety Considerations Thank you to Laurelei McVey and Tim Campbell in Public Works We are beginning our safety protocol based on their experience and information. Safety boots, hard hats, class II safety vests, and safety glasses were ordered first. Additional safety training planned. Contracts & Stakeholders Master Agreements for temporary plan review and inspection services have been executed as our FTE positions have been challenging to fill. Task Orders are currently being negotiated with various RFQ respondents and will be presented to City Council soon. The State Division of Building Safety (DBS) is performing 50 building inspections per day and is scaling back on plan reviews. Meridian inspectors are in transition of inspection and training. DBS will provide two electrical inspectors as needed beyond the Sept. 30 contract term on a temporary basis. Stakeholder letter prepared, we anticipate receiving a letter of support from our stakeholder group. Delays are occurring. Communication with the BCA today. Finance & Purchasing - Vehicles Vehicles: Attempts to locate additional 2018 vehicles at the State Contract price have been unsuccessful Branding and Cradle Point installed on the initial four vehicles 2019 Vehicle pricing has not been released by the state Efforts are continuing to look for alternatives Current expenditures to date: $96,700.00 IT - Summary Updates: Hardware: All hardware that has been ordered has been received. A workgroup all-in-one printer will be ordered closer to TI completion. Hardware expenditures to date: $42,900.00 IT - Summary continued Updates: Software: Accela Inspector App has been installed and training occured 8/2. Training went well and App is straight forward and user friendly New inspectors are using iPads and software in the field Software Expenditures to date: $183,168.77 IT - Summary continued Updates: ProjectDox software: Training held July 24-26 and went well. City Staff was very receptive to the information and picked up on the system functionality quickly Accela Integration is 50% complete (Accela is creating projects in ProjectDox, saving staff time on data entry) User Acceptance Testing (UAT) started on 8/2 and is going well thus far. Additional UAT sessions took place August 6-10th with updates sent to IT. HR - Summary Update: Recruitment expenditures to date: $16,030.42 Number of applications reviewed & screened 368 Days to fill position 76.75 Hired and on the job 4 Offers extended and accepted, not yet on the job 2 Total number of interviews conducted 58 Total interview panel hours 224 Tenant Improvement - Summary Updates: AV Production Room 100% complete Inspection Room - substantial completion by 8/1/18 final by 10/31/18 Furniture delivered (some damage issues being worked through) New Entry door and sidelight will be installed at the end of August Badge Reader will be operable after entry door installation Tenant Improvement - Summary continued Plan Review Room - substantial completion by 9/30/18 final by 10/31/18 first six desks delivered New entry door, sidelight, and conference room windows to be install at the end of August Badge Reader will be operable after door installation Installation of some plug-ins, light switches and fixtures are expected to be complete by the end of August Expenditures to date: $17,157.08 Tenant Improvement Progress Inspection Room - First Floor Tenant Improvement Progress Plan Review Room - Second Floor “In Progress” Questions & Answers City Council Workshop August 14, 2018 enda Item Number: 8C ProjeGt/File Number: Item Title: Finance Quarterly Update Meetinq Notes: I TEM SHEET C ouncil Agenda I tem - 8.C. Presenter: Todd L avoie Estimated Time f or P resentation: 30 Title of I tem - F inance Quarterly Update F inance will deliver the Quarterly Update which will include a f ocus on Current Year actual results and YT D Projections. I nf ormational purpose only. No action needed. Meridian City Council Meeting Agenda August 14, 2018 – Page 176 of 198 August 2018 – Finance Quarterly Update August 14, 2018 General Fund – Year to Date Results Revenue Personnel Operating Capital Enterprise Fund – Year to Date Results Revenue Personnel Operating Capital City of Meridian Agenda City of Meridian Revenue – General Fund City of Meridian Revenue – General Fund City of Meridian Expenditures – General Fund City of Meridian Revenue –Enterprise Fund City of Meridian Revenue –Enterprise Fund City of Meridian Expenses – Enterprise Fund City of Meridian Questions 1 2 3 4 5 6 7 8 9 0 City of Meridian Agenda City Council Workshop August 14, 2018 _Agenda Item Number: 8D Proiect/File Number: Item Title: Community Development: Staff Report Format Update Meeting Notes: I TEM SHEET C ouncil Agenda I tem - 8.D. Presenter: Bill Parsons Estimated Time f or P resentation: 20 minutes Title of I tem - C ommunity Development: Staff Report F ormat Update F ollow-up from J uly 10th workshop. A dditional changes have been made to the staff report template. Staf f would like to share the draf t f inal version of the staff report and initiate its use. AT TAC HM E NT S: Description Type Upload D ate Memo Cover Memo 8/9/2018 S taff Report Ref ormat B ackup Material 8/9/2018 E xample1 B ackup Material 8/9/2018 E xample2 B ackup Material 8/9/2018 E xample3 B ackup Material 8/9/2018 E xample4 B ackup Material 8/9/2018 Meridian City Council Meeting Agenda August 14, 2018 – Page 177 of 198 August 9, 2018 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Bill Parsons, Planning Supervisor RE: Staff Report Format July 10 th , City Council Workshop Item On July 10 th , City staff presented to Council a new staff report format. The intent behind the revamp is to improve the format of the written report as well as increase coordination and reporting from departments, other agencies and service providers. Based on the feedback from Council, additional discussions were held at the Directors’ meeting on July 24 th . These meetings have led to further refinement of the draft staff report template and additional reporting metrics from other City Departments. Attached is a separate Word version of the revised draft report, including the addition of more relevant metrics. The new changes have been highlighted in the report. Further, the Police Department has provided examples of what they intend to provide as metrics in the staff report. These metrics are meant to provide the Council a comprehensive review of the police activity occurring in a given area. Some key changes to the staff report include: • Community Metrics: Public Works has included additional metrics on wastewater and water to determine if the development is serviceable or degrading service and is complying with the Public Works adopted Sewer and Water Master Plans. Police Department has added information that includes response times, calls for service and percentage splits by priority, crimes and crashes. • Project Area Maps – Inserted a Planned Development Map to provide the context for what is approved or developing the area. • Noticing: Two items have been inserted; the first is the date a project was posted on next door and the other is the neighborhood meeting date and the list of attendees per the request of the Council. Meridian City Council Meeting Agenda August 14, 2018 – Page 178 of 198 • Combined the Comprehensive Plan, UDC and Analysis Sections into the new Project analysis section: This newly created section is the section staff and other City Departments will include key analysis on the how the projects adheres to adopted policies and plans (Comp Plan, including goals, objectives and action items that support and/or don’t support the project; UDC, including specific code sections that apply, Master Pathways Plan; Water/Sewer Master Plans etc.) of the City and include any pertinent information that has guided staff’s recommendation on the project. As noted above, the Police Department has provided examples for Council’s review. Specifically, everything that was included in the previous three (3) sections will now be condensed into one to eliminate redundancy in the report. • Staff Summary: Include a statement if the project meets or exceeds the minimum code requirements. In the staff summary, meeting the code minimum may not mean it’s a premier project and an exceeds the minimum code requirements may indicate a premier project. Staff would like to get Council’s final input on the attached documents during the workshop. Once Staff has Council’s endorsement, it is the intent of City staff to implement the new template moving forward. Meridian City Council Meeting Agenda August 14, 2018 – Page 179 of 198 DRAFT STAFF REPORT COMMUNITY DEVELOPMENT DEPARTMENT DATE: July 1, 2018 TO: Mayor & City Council FROM: Planner name, Title 208-884-5533 Development Analyst, Title 208-887-2211 SUBJECT: H-2018-0000 Project Name PROPERTY LOCATION: North side of Franklin Road between Ten Mile and Black Cat I. PROJECT DESCRIPTION (APPLICATIONS THAT ARE APPLIED FOR) Short description including the application type, total project acreage, description of lots, number of lots, types of zoning, acres of zoning, and other very high-level information. Include any special requests, waivers, alternative compliance or sub-standard issues. Some detail can go into this section but information is probably more readily understood in the following tables and analysis. II. SUMMARY OF REPORT A. Project Summary Details Page Acreage Future Land Use Designation Existing Land Use Proposed Land Use(s) Current Zoning Propose d Zoning Lots (# and type ; bld g/com mon ) Phasing Plan Number of Residential Units (type of unit s) Density (gross & net) Open Space (acres, total [%] / buffer / qualified) Amenities Physical Features (waterways, hazards, flood plain, hillside) History (previous approvals) Meridian City Council Meeting Agenda August 14, 2018 – Page 180 of 198 B. Community Metrics Details Page Access (Arterial/Collectors/State HWY/Local)(Existing and Proposed) Traffic Level of Service Stub Street/Interconnectivity/Cross Access Existing Road Network Existing Arterial Sidewalks / Buffers Planned Road Improvements Distance to Fire Station, including estimated fire response time Distance to Police Station • Police response time • Calls for Service • % of Calls for Service split by Priority • Crimes • Crashes Distance to nearest City Park (+ size) Distance to Schools (elem, ms, hs) Distance to other key services Wastewater • Distance to Sewer services • Sewer Shed • Estimated project Sewer ERU’s • WRRF Declining Balance • Project consistent with WW Master Plan/Facility Plan Water • Distance to Water services • Pressure Zone • Estimated project Water ERU’s • Project consistent with Water Master Plan • Water Quality Impacts/Concerns Grocery Store (Others)…. COMPASS (Communities in Motion 2040) Meridian City Council Meeting Agenda August 14, 2018 – Page 181 of 198 C. Project Area Maps Future Land Use Map Aerial Map Zoning Map Planned Development Map III. APPLICANT INFORMATION A. Applicant: B. Owner: C. Representative: IV. NOTICING A. Newspaper notification published on: B. Radius notice mailed to properties within 300 feet on: Meridian City Council Meeting Agenda August 14, 2018 – Page 182 of 198 C. Applicant posted notice on site on: D. Next Door Posting: E. Neighbor Meeting Date and list of attendees: V. PROJECT ANALYSIS (Section includes a summary of how the project adheres to the Comprehensive Plan, including the goals, objectives and action items that support and/or don’t support the project; compliance with specific sections of the UDC including the specific code sections that apply; analysis of facts from all departments and service providers and explain conversations between staff and applicant and what staff has been requesting.) VI. STAFF SUMMARY (Summary of compliance (or not) with adopted standards, codes and Comp Plan policies and whether or not the project meets or exceeds the code minimums.) Staff recommends approval of the proposed applications in accord with ... Approval Denial Continuance VII. FINDINGS VIII. EXHIBITS (Attach as PDF documents to the staff report or provide a link to the documents to be reviewed. This would include plats, site and landscape plans, elevations, legal descriptions/exhibit maps, phasing plans, etc.) IX. CONDITIONS & MITIGATION MEASURES (All departments, agencies and service providers who have commented. Primarily done through Accela.) Meridian City Council Meeting Agenda August 14, 2018 – Page 183 of 198 Location of new development -7020 W Ustick Rd, Meridian, ID Time Frame -7/1/2017-6/30/2018 Level of Service (LoS)- Delivered (Prior County Calls)By Reporting District (RD - M718/A096) Calls for Service (CFS): Response Times Average Response Times by Priority: 'City of Meridian' Priority 3 4.08 Priority 2 7.50 Priority 1 13.22 Average Response Times by Priority: 'A096' Priority 3 4.04 Priority 2 14.10 Priority 1 8.29 Calls for Service (CFS): Calls occuring in Ada County 'A096' CFS Count Total 76 % of Calls for Service split by Priority in 'A096' (count = 36) % of P3 CFS 5.3% % of P2 CFS 67.1% % of P1 CFS 27.6% % of P0 CFS na Crimes Crime Count Total 1 Crashes Crash Count Total 0 Analyst Note: Area out of Meridian PD's jurisdiction so data is obtained for call load which is ACSO call load. Priority Response Times Defined: Priority 0 type calls are no priority type of calls. Priority 1 type calls are for non-emergency type of calls where the officer will arrive at the earliest convenience, and shall obey all traffic laws. Priority 2 type calls require an urgent response where the officer will arrive as soon as practical, and should obey all traffic laws. Priority 3 type calls are an emergency response in which the lights and siren and driving as authorized for an emergency vehicle by Idaho Code to facilitate the quick and safe arrival of an officer to the scene. Meridian Police Department - Owyhee High School Response Time and Calls for Service (CFS) - Response times for Priority 2 calls are greater in this area and Priority 1 calls are lower in this area then within the City of Meridian; the Prioirty 2 call types involve calls of Crash Non-injury, Drunk Driver Being Followed, and Suspicious Vehicle and the Priority 1 calls types involve Civil Situation, and Suspicious Vehicle. Majority of the CFS (67.1%) were Priority Type 2 calls with the top CFS types regarding Traffic Stops, Crashes no Injury, and Suspicious Vehicles. Crime - One crime reported for Meridian PD, a leaving the scene of an accident report. Crashes - No crashes reported for Meridian PD. 8/9/2018 Source: TT CAD, NWRMS, WebCarsMeridian City Council Meeting Agenda August 14, 2018 – Page 184 of 198 Location of new development -3471, 3515, 3543 & 3561 E Tecate Lane Time Frame -7/1/2017-6/30/2018 Level of Service (LoS)- Delivered By Reporting District (RD - M734) Calls for Service (CFS): Response Times Average Response Times by Priority: 'City of Meridian' Priority 3 4.08 Priority 2 7.50 Priority 1 13.22 Average Response Times by Priority: 'Verraso Village North' Priority 3 4.15 Priority 2 7.50 Priority 1 10.56 Calls for Service (CFS): Counts CFS Count Total 1,901 % of Calls for Service split by Priority % of P3 CFS 0.8% % of P2 CFS 76.6% % of P1 CFS 18.9% % of P0 CFS 3.6% Crimes Crime Count Total 204 Crashes Crash Count Total 58 Analyst Note: Priority Response Times Defined: Crashes - most crashes (40%) were non-reportable, followed by (45%) injury related and (15%) involving just property damage. Priority 0 type calls are no priority type of calls. Priority 1 type calls are for non-emergency type of calls where the officer will arrive at the earliest convenience, and shall obey all traffic laws. Priority 2 type calls require an urgent response where the officer will arrive as soon as practical, and should obey all traffic laws. Priority 3 type calls are an emergency response in which the lights and siren and driving as authorized for an emergency vehicle by Idaho Code to facilitate the quick and safe arrival of an officer to the scene. Meridian Police Department - Verraso Village North (Apartments) Response Time and Calls for Service (CFS) - Response times for Priority 1 calls are lower in this area then within the City of Meridian; these call types involve call types of Theft Report, Vehicle Burglary Report, and/or HIt and Run Report. Majority of the CFS (76%) were Priority Type 2 calls with the top CFS types regarding Traffic Stops, Suspicious Vehicles, or Commercial Burglary Alarm. Crime - the most frequent crimes involving Vehicle Burglary, All Other Offenses, All Other Larceny which include Resisting and Obstructing an Officer, Unattended Vehicle Accidents, and Leaving the Scene Accidents. 8/9/2018 Source: TT CAD, NWRMS, WebCarsMeridian City Council Meeting Agenda August 14, 2018 – Page 185 of 198 Location of new development - (hearing date set for 9/6/2018)1434 & 1492 E Star Drive Time Frame -7/1/2017-6/30/2018 Level of Service (LoS)- Delivered By Reporting District (RD - M723) Calls for Service (CFS): Response Times Average Response Times by Priority: 'City of Meridian' Priority 3 4.08 Priority 2 7.50 Priority 1 13.22 Average Response Times by Priority: 'Razzberry Point Villas' Priority 3 4.50 Priority 2 8.26 Priority 1 17.01 Calls for Service (CFS): Counts CFS Count Total 720 % of Calls for Service split by Priority % of P3 CFS 2.0% % of P2 CFS 60.0% % of P1 CFS 36.0% % of P0 CFS 2.0% Crimes Crime Count Total 131 Crashes Crash Count Total 24 Analyst Note: Priority Response Times Defined: Priority 2 type calls require an urgent response where the officer will arrive as soon as practical, and should obey all traffic laws. Priority 3 type calls are an emergency response in which the lights and siren and driving as authorized for an emergency vehicle by Idaho Code to facilitate the quick and safe arrival of an officer to the scene. Response Time and Calls for Service (CFS) - Response times for Priority 1 calls are greater in this area then within the City of Meridian; these call types involve call types of Assisting Citizens, taking a Runaway Report, and/or a Burglary Report. Majority of the CFS (60%) were Priority Type 2 calls with the top CFS types regarding Traffic Stops, Follow Ups, and Citizen Assist Calls. Crime - the most frequent crimes involving Simple Assault and Battery, All Other Offenses, and Sex Offenses which include Domestic Offenses, Juvenile Beyond Control, Leaving the Scene of an Accident, and Forcible Fondling. Crashes - most crashes (50%) were non-reportable, followed by (38%) injury related and (12%) involving just property damage. Priority 0 type calls are no priority type of calls. Priority 1 type calls are for non-emergency type of calls where the officer will arrive at the earliest convenience, and shall obey all traffic laws. Meridian Police Department - Razzberry Point Villas 8/9/2018 Source: TT CAD, NWRMS, WebCarsMeridian City Council Meeting Agenda August 14, 2018 – Page 186 of 198 Location of new development - (hearing date set for 8/16/2018)943 W McMillan Rd Time Frame -7/1/2017-6/30/2018 Level of Service (LoS)- Delivered By Reporting District (RD - M722) Calls for Service (CFS): Response Times Average Response Times by Priority: 'City of Meridian' Priority 3 4.08 Priority 2 7.50 Priority 1 13.22 Average Response Times by Priority: 'White Cliff Estates' Priority 3 4.02 Priority 2 8.35 Priority 1 12.39 Calls for Service (CFS): Counts CFS Count Total 1,634 % of Calls for Service split by Priority % of P3 CFS 0.8% % of P2 CFS 71.3% % of P1 CFS 24.7% % of P0 CFS 3.2% Crimes Crime Count Total 215 Crashes Crash Count Total 25 Analyst Note: Priority Response Times Defined: Priority 1 type calls are for non-emergency type of calls where the officer will arrive at the earliest convenience, and shall obey all traffic laws. Priority 3 type calls are an emergency response in which the lights and siren and driving as authorized for an emergency vehicle by Idaho Code to facilitate the quick and safe arrival of an officer to the scene. Priority 0 type calls are no priority type of calls. Priority 2 type calls require an urgent response where the officer will arrive as soon as practical, and should obey all traffic laws. Meridian Police Department - White Cliff Estates Response Time and Calls for Service (CFS) - Response times are consistent with response times within the City of Meridian. Majority of the CFS (71%) were Priority Type 2 calls with the top CFS types regarding Traffic Stops, Suspicious Vehicles, and Trespassing. Crime - the most frequent crimes involving All Other Offenses (FTA, Juvenile Beyond Control, Leaving the Scene of an Accident), Drug Equiment Violations, and Drug/Narcotic Violations. Crashes - most crashes (56%) were non-reportable, followed by (36%) injury related and (8%) involving just property damage. MPD3236 Source: TT CAD, NWRMS, WebCarsMeridian City Council Meeting Agenda August 14, 2018 – Page 187 of 198 DATE: TO: REVIEWER: SUBJECT: PROJECT NAME: POLICE DEPARTMENT SUMMARY OF REPORT: 1. Level of Service — (Distance from the police station & Estimated response times) 2. Accessibility — (Roadway access, traffic, pathways, sidewalks) 3. Resource needs — (Equipment, Staffing and or Substation locations) 4. Other comments- (General comments) 7. COMMENTS MEETING DATE: Reviewer: ❑ Scott Colaianni ❑ Other Planner Assigned: ❑ Sonya Watters ❑ Josh Beach ❑ Bill Parsons Project Name: The following will be the requirements and/or concerns to provide minimum levels of police protection for the proposed project: 8. POLICE DEPARTMENT ITEMS FOR DEVIEDIATE FOLLOW-UP (PRIOR TO HEARING) A. ❑ The proposed development and/or plan do not offer natural surveillance opportunities of the public areas. Prior to the public hearing, the applicant shall meet with a Police Department designee and/or Planning Staff to discuss features that increase visibility, including doors and windows that look out on to the public areas. The plan shall be revised in accord with those discussions. B. ❑ The proposed multi -family dwellings show more than 4 units that share a common entrance and/or stairwell. Such configurations are a safety concern. Prior to the next public hearing, the applicant shall meet with a Police Department designee to address these concerns and revise the plans as necessary. C. ❑ The proposed drive through has limited visibility from a public street. Prior to the public hearing, the applicant shall meet with a Police Department designee to discuss methods of increasing visibility to the facility. D. ❑ The proposed after-hours walk-up facility (e.g. ATM) has limited visibility from a public street. Prior to the public hearing, the applicant shall meet with a Police Department designee to discuss methods of increasing visibility to the facility. E. ❑ The Police Department has no concerns related to the site design submitted with the application. 9. CONDITIONS OF APPROVAL (INCLUDED IN PLANNING DEPT. CONDITIONS) 1. ❑ The applicant shall revise the landscape plan to show walkway paving materials (e.g. pavers, colored or scored concrete, bricks, etc.) and landscaping materials that better distinguish the walkway from the vehicular driving surface. 2. ❑ Prior to CZC submittal, the applicant shall work with the Police Department and/or Fire Marshall to provide patrol capabilities and/or emergency vehicle access to the proposed storage yards. 3. ❑ The applicant shall revise the landscape plan to show walkway paving (e.g. pavers, colored or scored concrete, bricks, etc.) and landscaping materials that better define the building entrance and distinguish the walkways from the driving surfaces. 4. ❑ The applicant shall revise the site and/or landscape plan to create greater visibility of the hiding spot near [add] from public areas such as a street or parking lot. 5. ❑ The applicant shall revise the landscape plan to limit landscaping along streets, pathways, and up against structures, to species that do not exceed two feet in height. City Council Workshop August 14, 2018 Agenda Item Number: 8E Proiect/File Number: Item Title: Community Development Review Initial Draft of Ada County Highway District's 2019-2023 Integrated Five -Year Work Plan — ----- .............---- Meeting Notes: (�� E IDIANIZ,:--- August 14, 2018 Sara Baker Commission President Ada County Highway District 3775 Adams Street Garden City, ID 83714 RE: Initial Draft of ACHD's 2019-2023 Integrated Five Year Work Plan Dear Commissioner Baker: Mayor Tammy de Weerd City Council Members: Joe Borton Genesis Milam Ty Palmer Luke Cavener Treg Bernt Anne Little Roberts The City of Meridian appreciates the opportunity to review and comment on the Initial Draft of the 2019- 2023 Integrated Five Year Work Plan (IFYWP). Compiling and prioritizing a list of capital, operational and maintenance projects in Ada County is an enormous undertaking and the City commends ACHD on the work that went into preparing the IFYWP. As a testament to your programming and efficiency efforts, the City of Meridian has just a couple of comments related to the Initial Draft of the IFYWP. Understanding the budgetary constraints ACHD faces, the City is thankful that some of the key, highest - priority projects in our community are on -track for construction in the next few years. Specifically, seeing roadway and intersection projects along Locust Grove Road and Linder Road in the IFYWP is reassuring. As the project wraps -up, we want to also thank the District for working with us on Pine Avenue, between Meridian and Locust Grove. Last year, we were encouraged to see projects along the Chinden corridor listed in the IFYWP. In the Initial Draft however, the District is proposing to remove the Chinden/Meridian Road project and there is no advancement of the Linder Road Overpass project at I-84. Hopefully, the programming, design and construction of improvements along these corridors can be further coordinated with ITD as the efficiency of the transportation network includes both the local and State systems. Let us know what, if anything, the City can do to assist you in working with ITD so projects along Chinden and over I-84 are constructed in a timely manner. Thank you for your time and consideration of our comments and requests related to the Initial Draft of the 2019-2023 IFYWP. Please feel free to contact Caleb Hood, 884-5533, if you have any questions regarding this letter. Tammy e erd Mayor Cc: ACHD Commissioners Meridian City Council Ryan Head, Planning Supervisor, ACHD I TEM SHEET C ouncil Agenda I tem - 8.E . Presenter: Caleb Hood Estimated Time f or P resentation: 20 minutes Title of I tem - C ommunity Development: Review Initial Draft of Ada County Highway District's 2019-2023 Integrated Five-Year Work P lan A C HD has asked for comment on the I nitial Draft of their I F YW P. Comments are due by August 20th. S taff will review the I F YW P with C ouncil and determine if a correspondence should be sent to A C HD. T he Meridian Transportation Commission reviewed on A ugust 6th. AT TAC HM E NT S: Description Type Upload D ate Memorandum - I nitial Draft A C HD 2019-2023 I ntegrated F ive-Year Work P lan Cover Memo 8/9/2018 I nitial D raf t L etter Cover Memo 8/9/2018 Meridian City Council Meeting Agenda August 14, 2018 – Page 188 of 198 Planning Department 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 www.meridiancity.org August 9, 2018 MEMORANDUM TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Caleb Hood, Planning Division Manager RE: Initial Draft ACHD 2019-2023 Integrated Five-Year Work Plan August 14, 2018 City Council Agenda Item On July 18 th , the ACHD Commission approved the release of the Initial Draft of the FY2019-2023 Integrated Five Year Work Plan (IFYWP) for public comment. During the August 6 th Meridian Transportation Commission meeting, Planning Staff ran through some of the changes from the currently-adopted, 2018-2022 ACHD IFYWP and the Initial Draft of the 2019-2023 IFYWP with the Commission. The Commission briefly discussed the IFYWP. The overall sentiment from the Commission was one of thanks to ACHD for moving the City’s highest priority projects forward, and a discussion about the need for more north-south projects to advance, particularly Locust Grove, Meridian and Linder. In anticipation of the Council wanting to send a correspondence to ACHD in advance of the public comment period close on August 20 th , a letter has been prepared. During the August 14 th meeting, Planning Staff will run through some of the changes year-over in the IFYWP and share a draft letter to send to ACHD. Please find below two documents: 1) a summary list of changes of projects in Meridian from the adopted IFYWP and the Initial Draft, and 2) a spreadsheet of the City’s 2018 priority projects, with updates on where they are in ACHD’s process. Here is a link to the entire Initial Draft FY2019-2023 IFYWP from ACHD’s website: http://achdidaho.org/Departments/PlansProjects/IFYWP_1923draft7182018.aspx Meridian City Council Meeting Agenda August 14, 2018 – Page 189 of 198 Page 2 FY2019-2023 IFYWP INITIAL DRAFT SUMMARY OF CHANGES FROM THE FY2018-IFYWP AS ADOPTED New Projects Project Name 19-23 IFWP CN Year Roadway Projects Ten Mile Rd, Victory Rd / Overland Rd 2021 Intersection Projects Overland Rd and E agle Rd UF Ten Mile Rd and Victory Rd 2021 Community Programs Projec ts Linder -Meridian bikeway, Pine Ave / Temple Dr UF Locust Grove Rd and Palermo Rd Pedestrian Crossing PD Advanced Projects Project Name 18-22 IFYWP CN Year 19-13 IFYWP CN Year Roadway Projects Linder Rd, Ustick Rd / McMillan Rd 2021 2019 Locust G rove Rd, Victory Rd / Overland PD 2022 Ten Mile Rd, McMillan Rd / Chinden Blvd (US 20/26) 2022 2020 Intersection Projects Lake Hazel Rd and Eagle Rd PD 2023 Delayed Projects Roadway Projects Eagle Rd, Amity Rd / Victory Rd 2020 2021 Intersection Pro jects Fairview Ave and Locust Grove Rd 2022 2023 Victory Rd and Locust Grove Rd Roundabout 2021 2022 Victory Rd and Standing Timber Ave Pedestrian Crossing 2019 2020 Removed Projects Project Name Explanation Intersection Projects US 20/26 (Chinden Blvd) and Meridian Rd No CIP planned improvements in connection with ITD project required Community Programs Projects Locust Grove Rd, Puffin St / Overland Rd To be completed with roadway project Main St and King St Pedestrian Crossing Program Balancing Completed Projects Roadway Projects Franklin Rd, Black Cat Rd / Ten Mile Rd CN Complete Ustick Rd, Linder Rd / Meridian Rd CN Complete Ustick Rd, Meridian Rd / Locust Grove Rd CN Complete Intersection Projects SH 69 (Meridian Rd) and Lake Hazel Rd CN Complete Ustick Rd and Meridian Rd CN Complete Meridian City Council Meeting Agenda August 14, 2018 – Page 190 of 198 Pl a n n i n g D e p a r t m e n t 3 3 E . B r o a d w a y A v e n u e , M e r i d i a n , I D 8 3 6 4 2 Ph o n e 2 0 8 - 8 8 4 - 5 5 3 3 F a x 2 0 8 - 8 8 8 - 6 8 5 4 w w w . m e r i d i a n c i t y . o r g Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 9 1 o f 1 9 8 Pa g e 4 Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 9 2 o f 1 9 8 Pa g e 5 Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 9 3 o f 1 9 8 Pa g e 6 Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 9 4 o f 1 9 8 Pa g e 7 Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 9 5 o f 1 9 8 Pa g e 8 Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 9 6 o f 1 9 8 Pa g e 9 Me r i d i a n C i t y C o u n c i l M e e t i n g A g e n d a A u g u s t 1 4 , 2 0 1 8 – P a g e 1 9 7 o f 1 9 8 August 14, 2018 Sara Baker Commission President Ada County Highway District 3775 Adams Street Garden City, ID 83714 RE: Initial Draft of ACHD’s 2019-2023 Integrated Five Year Work Plan Dear Commissioner Baker: The City of Meridian appreciates the opportunity to review and comment on the Initial Draft of the 2019- 2023 Integrated Five Year Work Plan (IFYWP). Compiling and prioritizing a list of capital, operational and maintenance projects in Ada County is an enormous undertaking and the City commends ACHD on the work that went into preparing the IFYWP. As a testament to your programming and efficiency efforts, the City of Meridian has just a couple of comments related to the Initial Draft of the IFYWP. Understanding the budgetary constraints ACHD faces, the City is thankful that some of the key, highest- priority projects in our community are on-track for construction in the next few years. Specifically, seeing roadway and intersection projects along Locust Grove Road and Linder Road in the IFYWP is reassuring. As the project wraps-up, we want to also thank the District for working with us on Pine Avenue, between Meridian and Locust Grove. Last year, we were encouraged to see projects along the Chinden corridor listed in the IFYWP. In the Initial Draft however, the District is proposing to remove the Chinden/Meridian Road project and there is no advancement of the Linder Road Overpass project at I-84. Hopefully, the programming, design and construction of improvements along these corridors can be further coordinated with ITD as the efficiency of the transportation network includes both the local and State systems. Let us know what, if anything, the City can do to assist you in working with ITD so projects along Chinden and over I-84 are constructed in a timely manner. Thank you for your time and consideration of our comments and requests related to the Initial Draft of the 2019-2023 IFYWP. Please feel free to contact Caleb Hood, 884-5533, if you have any questions regarding this letter. Sincerely, Tammy de Weerd Mayor Cc: ACHD Commissioners Meridian City Council Ryan Head, Planning Supervisor, ACHD Meridian City Council Meeting Agenda August 14, 2018 – Page 198 of 198 City Council Workshop August 14, 2018 enda Item Number: 9 Proiect/File Number: Item Title: Future Meeting Topics Meetina Notes: City Council Workshop August 1.4, 2018 Aqenda Item Number: 10 Proiect/File Number: Item Title: Executive Session Executive Session per Idaho State Code 74-206(1)(d): To consider records that are exempt from disclosure as provided in chapter 1, title 74, Idaho Code and 74-206(1)(j): To consider labor contract matters authorized under section 74-206A (1)(a) and (b), Idaho Code Meetinq Notes: