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2010-02-23~ E IDIAN- oDAH CITY COUNCIL REGULAR MEETING AGENDA Tuesday, February 23, 2010 at 7:00 PM 1. Roll-Call Attendance X David Zaremba X Brad Hoaglun O Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Christian Butler with the Church of Jesus Christ of Latter Day Saints 4. Adoption of the Agenda Adopted • 5. Consent Agenda Approved A. February 2, 2010 City Council Meeting Minutes B. February 9, 2010 City Council Meeting Minutes C. CDBG (Community Development Block Grant) Subrecipient Agreement with Ada County Housing Authority in the Amount of $35,000.00 for Activities Approved in PY2009 CDBG Action Plan D. Change Order #1 to the Master Agreement Dated January 31, 2007 with Transportation and Civil Solutions, P.C. folr NW 4th Street Water Line Replacement Engineering Design Services for aNot-to-Exceed Amount of $5,240.00 E. Change Order #2 to the Original Contract Dated June 24, 2009 with AME Electric, Inc. for Antenna Reconfiguration at the Water Department as Part of the PRV SCADA Installation Project for aNot-to-Exceed Amount of $938.40 with Original SCADA Contract Price of $55,955.00 r~ L Meridian City Council Meeting Agenda -Tuesday, February 23, 2010 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. F. Findings of Fact and Conclusions of Law for Approval: PP 09- 002 Five Twelve by Church of Jesus Christ of Latter Day Saints Located at West Side of Stoddard Road, Approximately 1/2 Mile South of Overland Road: Request for Preliminary Plat Approval of Two Buildable Lots and One Common Lot on Approximately 12.91 Acres in an Existing R-8 Zoning District G. Final Decision and Order for Approval: AP 10-001 Pet Care Clinic by BRS Architects Located at 1151 E. Fairview: Request for City Council Review to Waive the Two Unified Development Code Standards Approved with the Pet Care Clinic Certificate of Zoning Compliance (CZC 09-056); (1) the Construction of the 20 x 20 Feet Wide Driveway on the Western Boundary and (2) The Construction of the Multi-Use Pathway Along Fairview Avenue Vacated H. Final Order of Appeal for Approval: MFP 09-003 Bienville Square Subdivision by Idaho Mutual Trust Located at the West Side of Eagle Road and South of Ustick Road: Request to Modify the Six Foot Decorative Masonry Wall Along the Western Boundary with the Final Plat Landscaping Plan for • Bienville Square Subdivision 6. Community Items/Presentations A. Presentation and Information Brief on Idaho F-35 Mission B. Historic Preservation Commission: Request for City to Participate in Highway 16 Mitigation Plan Approved 7. Department Reports A. Mayor's Youth Advisory Council Update B. Finance Department: 2009 Annual Financial Audit Report Audit Accepted by City Council C. Finance Department: General Fund Revenue Report D. Finance Department: Updated Purchasing Policy E. Police Department: Budget Amendment for Canine Acquisition for $7,000.00 Approved • Meridian City Council Meeting Agenda -Tuesday, February 23, 2010 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 8. Items Moved From Consent Agenda 9. Action Items A. Public Hearing: MDA 10-001 Champion Park (fka Parkstone) by Keith Borup Located at North of E. Ustick Road (approximately 1,500 feet west of N. Eagle Road) off of N. Leslie Way, East Side of N. Justin Avenue (Lots 80-104, Block 18, Champion Park Subdivision No. 5): Request for Modification to the Number of Single-Family Detached (from 299 to 311) and Townhouse /Patio Home (from 76 to 52) Building Lots Listed in the Amended Development Agreement Council Accepted Withdrawal B. Continued from February 2, 2010 MFP 09-004 Southridge Subdivision No. 1 by Linder 109, LLC, Meridian Library District and Joint School District No. 2 Located at Southwest Corner of West Overland Road and South Linder Road: Request for Modification to the Street Sections Shown on the Final Plat to Include the Addition of Detached Sidewalks Along Spanish • Sun and Spanish Fork Streets; and Modification to the Roadway Improvements Along the South Boundary of Phase 1 to Reduce the Amount of Asphalt and Concrete Curb Continued to March 2, 2010 C. Public Hearing MDA 10-002 Bridgetower Crossing Office by Primeland Investment Group, LLC Located at the Southwest Corner of W. McMillan Road and N. Linder Road: Request to Modify Several Provisions of the Recorded Development Agreement (Inst. #108059801) Approved D. FP 10-001 Bridgetower Crossing Subdivision No. 15 by Primeland Investment Group, LLC Located at the Southwest Corner of N. Linder Road and W. McMillan Road: Request for Final Plat Approval for Six Commercial Building Lots and 1 Other Lot on 10.2 Acres in an L-O (Limited Office) Zoning District Approved E. Public Hearing TE 10-001 Ambercreek No. 2 by Trilogy Development Located at the Southwest Corner of W. McMillan Road and N. Meridian Road Request for approval of an 18- Month Time Extension to Obtain the City Engineer's Signature • on the Final Plat for Ambercreek Subdivision No. 2 Continued to March 23, 2010 Meridian City Council Meeting Agenda -Tuesday, February 23, 2010 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. • 10. Other Items A. Executive Session per Idaho State Code 67-2345(1) - (a) To Consider Hiring a Public Officer, Employee, Staff Member or Individual Agent, Not to Include Filling a Vacancy in an Elective Office, (e) To Consider Preliminary Negotiations Involving Matters of Trade or Commerce in Which the Governing Body is in Competition with Governing Bodies in Other States or Nations, (f) To Consider and Advise its Legal Representatives in Pending Litigation Into Executive Session at 9:15 p.m. Out of Executive Session at 9:56 p.m. Adjourned at 9:57 p.m. • Meridian City Council Meeting Agenda -Tuesday, February 23, 2010 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting February 23, 2010 A meeting of the Meridian City Council was called to order at 7:03 p.m., Tuesday, February 23, 2010, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Keith Bird, Brad Hoaglun, and David Zaremba. Members Absent: Charlie Rountree. Others Present: Bill Nary, Jaycee Holman, Anna Canning, Bill Parsons, Scott Colaianni, Mark Niemeyer, Tom Barry, Keith Watts, Stacy Kilchenmann, and Dean Willis. Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order. Thank you all for being here and joining us this evening and thank you to our Boy Scout troops. We have two troops represented here tonight. First Troop 463. We appreciate you boys being here. And also we have a representative from Troop 62. Always love to see young faces in the audience and we hope we don't make your eyes glaze over. We also appreciate having the two colonels with us today and to share with our public the F-35 program. This Council and Mayor are very supportive of the efforts that they are making on behalf of that project and look forward to hearing more about it tonight. So, thank you for joining us. For the public record it is Tuesday, February 23rd. It is a few minutes after 7:00 o'clock. We will start today's -- tonight's meeting with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Tonight we will be led in the Pledge of Allegiance by Josh Fulmer. He is with Troop 463. Josh, if you want to come up front and if you will all rise and join Josh in leading us in the pledge. (Pledge of Allegiance recited.) De Weerd: Josh, because you were brave enough to draw the short straw, I will present you with our City of Meridian pin and thank you for leading us in tonight's pledge. Thank you. See, guys, what you missed out on? Item 3: Community Invocation by Christian Butler with the Church of Jesus Christ of Latter Day Saints. Meridian City Council February 23, 2010 Page 2 of 45 De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Christian Butler with the Church of Jesus Christ of -- thank you -- of Latter-day Saints. Yes, please. Butler: Our Heavenly Father, we are grateful to be gathered here this evening. We are so grateful for the dedication of these men and women and their service to this community. We are so grateful for this community we live in and the people that live here. We are so grateful for this county and the freedoms that we enjoy. We ask thee that thou wouldst bless this country and the leaders in this country that they will be guided and to have thy discernment as to the paths of righteousness. We bless -- ask you that thou wouldst bless this community and the leaders here that they will look out for the best interest of this community and we are so grateful for the opportunities we have and we pray for these things humbly and we do so in the name of Jesus Christ, amen. De Weerd: I would also like to present you with the City of Meridian pin. Thank you. Thanks for being here. Item 4: Adoption of the Agenda. De Weerd: Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple of items to go over. On the Consent Agenda, Item 5-G, Planning is requesting to pull that from the agenda for this evening and also 7-A under Department Reports, the Mayor's Youth Advisory Council update, we would like to move that immediately following the Consent Agenda. Moving on to Action Items, 9-A, the applicant is requesting that that be withdrawn. Also on 9-B, the Southridge Subdivision, there is a request to continue that to March 2nd, 2010. 9-E, the applicant there is requesting that it continue to March 23rd. And with those changes, Madam Mayor, I move the adoption of the agenda. Zaremba: Second. De Weerd: I have a motion and a second to approve the agenda as changed. All in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. February 2, 2010 City Council Meeting Minutes Meridian City Council February 23, 2010 Page 3 of 45 B. February 9, 2010 City Council Meeting Minutes C. CDBG (Community Development Block Grant) Subrecipient Agreement with Ada County Housing Authority in the Amount of $35,000.00 for Activities Approved in PY2009 CDBG Action Plan D. Change Order #1 to the Master Agreement Dated January 31, 2007 with Transportation and Civil Solutions, P.C. for NW 4th Street Water Line Replacement Engineering Design Services for aNot-to-Exceed Amount of $5,240.00 E. Change Order #2 to the Original Contract Dated June 24, 2009 with AME Electric, Inc. for Antenna Reconfiguration at the Water Department as Part of the PRV SCADA Installation Project for aNot-to-Exceed Amount of $938.40 with Original SCADA Contract Price of $55,955.00 F. Findings of Fact and Conclusions of Law for Approval: PP 09- 002 Five Twelve by Church of Jesus Christ of Latter Day Saints Located at West Side of Stoddard Road, Approximately 1/2 Mile South of Overland Road: Request for Preliminary Plat Approval of Two Buildable Lots and One Common Lot on Approximately 12.91 Acres in an Existing R-8 Zoning District H. Final Order of Appeal for Approval: MFP 09-003 Bienville Square Subdivision by Idaho Mutual Trust Located at the West Side of Eagle Road and South of Ustick Road: Request to Modify the Six Foot Decorative Masonry Wall Along the Western Boundary with the Final Plat Landscaping Plan for Bienville Square Subdivision De Weerd: Item 5 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Under 5-G, as I mentioned, Planning is -- would like to pull that off the Consent Agenda. We will probably see that at a future date. And with that sole change, Madam Mayor, I move approval of the Consent Agenda and authorize the Mayor to sign and the Clerk to attest. Zaremba: Second. Meridian City Council February 23, 2010 Page 4 of 45 De Weerd: I have a motion and a second to approve the Consent Agenda as amended. Any discussion? Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carves. MOTION CARRIED: THREE AYES. ONE ABSENT. A. Mayor's Youth Advisory Council Update De Weerd: Okay. Well, we made a change in our agenda and we have moved the Mayor's Youth Advisory Council up to this point. So, I would like to introduce you to Jo Stahl. She will be giving the report tonight. And you can ask any difficult questions. Stahl: I appreciate that. De Weerd: They never listen. Stahl: Great. I'm Jo Stahl. I'm a senior at Rocky Mountain High School this year and I am involved in the Mayor's Youth Advisory Council, especially in the government affairs committee. What we are doing recently, we received a tobacco grant from the American Lung Association for a thousand dollars. We went to -- Janelle and I went to a conference over a weekend e I can do that -- to team about activism and advocacy for raising awareness for the effects of -- tobacco as in Idaho, especially on teenagers. Through that we were entered into a local contest to come up with a new name for the 2010 Idaho Youth Fighting Tobacco Challenge Grant. So, obviously, that's quite a mouth full. So, Janelle and I came up with the acronym STAND, which stands for Support Teens Against Nicotine Dependency and we won that contest and we got a really cool plaque that's crystal and all engraved and pretty, which is not here, unfortunately, for us to show you, but we are really proud of and it's the official name of our group now, so that's pretty exciting. We are currently creating a PSA for this now that we introduced this to the -- some of the local high schools and to their broadcasting programs as well, opening it up to them to enter videos as well. MYAC is doing one themselves and we are pretty excited about how that's going to turn out. The local news stations have offered to run them as well. So, that's underway. We are also involved in the texting while driving bill that's now in legislation. We had a breakfast not too long ago where we had seven of the nine legislators out of there. We talked to them and made a great presentation about the texting while driving and the new information contained in it and our perspective as teenagers and what that entails. We recommended to them our ideas for and it's now there and so we will be testifying there at -- while it talks -- we will be talking to the senate while it's up there and, hopefully, gain some of their support to that. The community involvement committee is working on a dinner auction that is taking place on March 25th, so we are looking for auction items and finding sponsors for tables and all that kind of stuff. Our tax committee is just started planning a Yahoo Oahu party for event for MYAC people and an outreach for Meridian City Council February 23, 2010 Page 5 of 45 high school students and middle school students everywhere. They have been getting a great number of kids there and that's really exciting to see so many different people there. That's all I have for you right now. Thank you, guys, for your time. Is there any questions? De Weerd: Council, questions? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Jo? Stahl: Yes. Hoaglun: Do you happen to know the texting of the -- the status of the texting bill right now? Is it -- is it going to be heard in a senate committee shortly? Stahl: Yes. Hoaglun: Okay. De Weerd: On Thursday. Hoaglun: On Thursday. Okay. Stahl: Thursday at 1:30. Hoaglun: Any idea what the chances are of getting it out of committee? Have you heard anything on that? Stahl: I haven't, actually. Hoaglun: Okay. Also, what -- the acronym STAND again, what was that -- what was that -- Stahl: Support Teens Against Nicotine Dependency. Hoaglun: Okay. That's a very good one. Congratulations on it. De Weerd: 1Nell -- and I would like to say they were very much looked up to as leaders at the retreat or workshop that they had. Both Jo and Janelle were great examples and it was -- I think they kind of thrust you in front of the TV or was that Janelle? Stahl: That was Janelle. Meridian City Council February 23, 2010 Page 6 of 45 De Weerd: But they gained a lot of respect from their peers and I think we saw that a lot at the AIC conference last summer as well. So, it's nice to see that we have such great youth representatives that represent our city very well. Stahl: Thank you very much. Item 6: Community Items/Presentations A. Presentation and Information Brief on Idaho F-35 Mission De Weerd: Thank you. Now, Jo, you can go do your homework. Okay. Item 6-A. We have a presentation and information brief on the Idaho F-35 mission project. Colonel Shawver is here to introduce -- and, I'm sorry, Ididn't -- I don't remember the other colonel's name. I just was introduced and, of course, I forgot. So, it's up to you to introduce your partner there. Shawver: Thank you, Madam Mayor. Madam Mayor, Members of the Council, thank you for your phenomenal support, not only of the Idaho National Guard over the years, but specifically the Idaho Air National Guard. We have been partners in the Treasure Valley for well over 40 years -- excuse me -- much longer than that. Since 1940 at the airport in Boise and many many of our members call the wonderful City of Meridian home. So, we want to thank you for your phenomenal support of the Idaho National Guard, specifically the 124th Wing, and a special thank you for the resolution that you have passed in support of the F-35. We'd like to give you a very brief update today and, again, I appreciate you and Council Hoaglun's attendance at the news conference last Friday that was hosted by Governor Otter. So, to begin the evening's briefing we would like to take just a few minutes and recap the history of the 124th Wing here in the Treasure Valley. So, if we could roll that DVD, please. (Video shown.) De Weerd: Apologize for the sound. Shawver: No apology required. The point of that DVD was to highlight not only our long storied history at Gowen Field, but as we compete with the five locations that have been added to the finalist list for the training of the F-35, the intent of that video or that DVD was to show that we do have a history with training air crews since World War II, as well as an operational commitment out at Gowen Field. At this point I'd like to introduce Colonel J.R. Compton, who is the 124th Wing commander, who will walk you through the F-35 bed down and basing selection process. J.R. Compton: Madam Mayor, a pleasure to be here. I hope you can hear me just fine. De Weerd: Yes. Meridian City Council February 23, 2010 Page 7 of 45 Compton: We took the liberty of taking the picture of this F-35 and putting our fin flash on the tail and our squadron symbol right behind the cockpit where I hope to be sitting some day. De Weerd: It looks good. Compton: Doesn't that look nice? De Weerd: It looks right. Compton: All right. Well, let's get on with this. Gowen Field, that's the home of the 124th Wing and the reason I put this slide up to start with is it says about everything there is to say about why the F-35 in Idaho. If you look at this picture it's obviously taken in the springtime when the grasses are green. If you look at it in the fall, it's all desert, brown, and dried up land. But down where the buildings are that you saw earlier is a huge area for expansion. The parking ramp, the apron that we have, is more than suited to handle the increase, the influx of new fighters into the -into the wing. The facility on the far end of the parking ramp there are the C-130s and due to the 2005 Base Realignment and Closure Act, those C-130s were removed from Gowen Field. That was a tremendous loss for the state of Idaho. All the facilities that were down there were built within the last five years. They are now basically vacant. So, we have a vacant ramp. We have vacant facilities for both operations and maintenance and they are looking for a home, they are looking for something to come in and occupy them and that F-35 mission is perfectly suited to go right there. The weather in the state of Idaho is perfect for a training mission of all caliber. When we had the F-4s here we were training our -- we had, actually, an operational squadron and a training squadron. The operational squadron was able to do realistic training for a deployment anywhere in the world, whether that was Alaska or Asia, we were able to go there based upon the training we had right here in the state of Idaho. Nothing's changed, that is there, and the U.S. Air Force recognizes the value and the benefit of what Idaho, .the weather, the terrain, and this installation has to offer. And I think that's why we made the short list for the F-35 program here in the state. I want to talk about the economic effects of the military divisions of the state of Idaho. If nothing else happens, if we stay the same right now, we will remain the fourth largest employer within the state of Idaho. Between the Idaho Army National Guard, which is located all over the state, the Air National Guard here at Gowen Field and over at Mountain Home Air Force Base, the Air Guard -- the Idaho Air Guard assets at Mountain Home Air Force Base -- we have about 1.5 billion dollars worth of assets here in the state. The ratio of federal dollars to state dollars that we received is 17 to one, as you can see with the numbers below. Almost 300 million dollars comes into the state. Ninety-four percent of that is federal funding and six percent of that comes from our -- our state budget. If you want to talk about the roll- over effect and the multiplier effect -- the economic multiplier that those dollars have within the City of Meridian, Ada County, our corresponding cities around here, I'm not the guy to talk to, I'm not the economic -- the economic expert here, but I'm going to tell you that it could be as much as ten fold, depending upon which numbers you want to believe. They are all economists. The F-35 impact, if we are to gain the F-35 mission, Meridian City Council February 23, 2010 Page 8 of 45 we believe that it would double the size of the Idaho Air National Guard. So, our current Air Guard payroll is around 60 million dollars and it would increase around 50 to 60 million dollars with the added F-35 program right here. The 50 to 400 million dollar military construction project, those numbers in there, that is a very very large range. There is a couple of units already that are looking to gain this mission and their estimates are around 47 million dollars to -- for new construction and remodeling. Eglin Air Force Base down in Florida, which is the first location for the F-35, their current military construction project is 437 million dollars. Now, that's a very unique location, because they, basically, had to gut the entire facility and they are building it back up and they are going to host the Air Force, the Navy, and the Marine Corps training program at Eglin. So, it's a much much larger expansion than what we would see in Idaho. However, we are anticipating three squadrons at Mountain Home Air Force Base and three squadrons at Gowen Field, which would almost be very similar to -- I don't know, pick a number inside that 50 to 400 million dollars construction that's going to happen over a five year time frame. The ripple effect is that will bring jobs, people from out of town to come in to help with the construction project, engineers, project managers, families that come with those folks. They are all going to live right in here. The contractors in that next -- that last line about the revenues and the contractors, those aren't necessarily the contractors that are building those facilities, but this F-35 mission will rely upon a lot of civilian contractors to run the training simulator, some of the maintenance programs, some of the finance programs that are associated with that. Obviously, it is a training mission, so we are going to have .students that will be traveling here, they will come with their young families, their parents will come and visit them, they will want to vacation here and -- I mean it just -- it just multiplies out significantly as far as what the impact is in the valley here. I think this first bullet right here is really significant in that the F-35 is the new fighter. It is the -- it will be the premier fighter for the U.S. military in the long years out. Forty years. The A-10 that we fly today was built -- was designed in the 1970s. The one that, hopefully, I will get to go fly tomorrow was built in 1980. We maintain those extremely well. They are a very safe aircraft. They are very formidable assets, however, they are aging. So is our F-16 fleet, our F-15 fleet. So, the U.S. needs to modify our fighter fleet and the F-35 is the aircraft to do that. If we have that placed at Treasure Valley, this will insure that we, the training house will be here in the many many out years. The BRAC action I talked about. We lost our C-130s because of BRAC. BRAC will happen again. It's part of law. This minimizes or eliminates the risk that the wing in Idaho would lose its missions or even be reduced in its operational mission. The city of Boise, with the airport there, will help them with the expansion to a third runway as the traffic flow between commercial, civilian, and military aircraft increases, we will push a need to build that third runway. And the air space I already somewhat mentioned, the training ranges we have, we are very lucky that we can -- in the A-10 I can take off and in 15 minutes I'm already doing my first engagements on the training range. In the F-35 that's five minutes away. So, the simple fact that that aircraft is located so close to us is only saving the tax taxpayer dollars, because I don't spend that jet fuel driving for 30 minutes or 50 miles just to get -- or 150 miles just to get to the air space. It is, basically, literally, in our backyard. The joint strike fighter itself -- this is a very unique venture that the Department of Defense has gone through. It's, basically, one program that is supporting both the Air Force, the Meridian City Council February 23, 2010 Page 9 of 45 Navy, and the Marine Corps. There are three distinct variances of the fighter -- and we are not just holding it within our -- our own borders, but we have partnered with our international friends, for instance, Norway, Australia, they are partners in the development, the design, and they are contributing to the development of this aircraft and the foreign military sales is something that has not yet been fully -- fully looked at, but we have had foreign military sales with our F-18s, our F-16s, our F-15s, and there is no reason to believe that the joint strike fighter would not be available to other foreign partners. So, specifically, about the aircraft itself. It is a fifth generation fighter. The A- 10 is considered a third generation aircraft. There is not really any good way for me to explain to you what the capabilities of a fifth generation fighter would look like, but if you think back when we had the stealth fighter that first came out, that is barely a fourth generation -- barely a fourth generation fighter. So, the stealth capabilities of this aircraft, its power plant, its maneuverability, its avionics, it is an all weather day-night operation fighter. Primarily it's designed in the air-to-ground role, replacing the mission of what our F-15E Strike Eagle or the F-16 would do. However, it also, like those two aircraft, has the capability to engage air-to-air targets should that be -- be necessary. I talked about the replacements of the -- in the Air Force, but the Navy and the Marine Corps are going to replace their aviate Hamer and their F-18 Homet. The F-18 just went through a major modification and improvement. However, in about 20 years time frame that mod will now be wom out and that F-18 is about what they calla 4.5 generation aircraft. A little bit about the base selection process and how -- I know, Mayor, when we walked in you asked how close we are to the project. Well, this is -- this kind of outlines how the base selection will take place. Early in 2010 they announced that we, the 124th Wing, Gowen Field and Mountain Home Air Force Base, made the short list. In February we had members from Air Combat Command and the Air Education and Training Command at Gowen Field and they did an end-to-end, wall- to-wall survey of the parking ramp, the runways, the infrastructure, the telephone lines, the computer lines, our power generation, water, the facilities, the square footage -- everything to see how compatible we are for this new mission. They left and, then, we had started the initial environmental scoping meetings. That's where we went out into the city and we asked -- in the cities and we asked -- or the towns around the area and we asked citizens to give us input as to what are your concerns with this new -- new aircraft. Both those projects are complete and this spring we are hoping that -- well, this spring the Air Force will come out with what they consider to be a -- a preferred decision location, but it's not the record of decision, but this is where they believe they want to put this aircraft, at which point we will start the public meetings in 2011, which will be a more in-depth economical -- or not economical, but environment impact assessment. At the completion of that we hope in 2011, July of 2011, a record of decision will be made. That record of decision will say this is the first location, the second location, the third location, as to where we are going to base these aircraft. We believe we have a very strong chance of being on that -- that first list. Us and Mountain Home Air Force Base as well. Assuming we make that list, then, immediately they will design -- they will release military contracts to start the designing, building of -- and remodeling of some facilities and installation of new facilities. That will happen between 2011 and 2013 and in 2013 we believe the first aircraft are going to show up and they will start trickling in between the later part of 2013, all through until about 2016 we will have our full Meridian City Council February 23, 2010 Page 10 of 45 complement of aircraft. What's the formula for success? Well, first of all, it's Gowen Field and the Treasure Valley, the place that we call home. Historically, as you saw in the video, it is an outstanding training location. We do have first class facilities. We have spent a lot of time and effort to maintain them and keep them viable. As you saw in the very first slide we have lots of room to grow and we have -- the city of Boise has done a great job to prohibit encroachment to the -- to the runways. We have the training environment as I mentioned earlier. No kidding, it presents a global picture to -- to the air crew. So, you could take a picture of us flying up by the Sawtooths and you wouldn't know if that's the mountains of Afghanistan or the mountains of Idaho or the mountains of Montana. It is -- we are so blessed to have this -- this beautiful area to -- not beautiful, but this challenging tactical area to fly around. It's our home. It's our country. We definitely need the community support from the men and women sitting here in the audience, those neighbors that we have sitting around and the city and state government support that you all are providing for us is essential for this to be a success here in the state of Idaho. This slide kind of shows Gowen Field itself, highlighted in yellow -- or outlined in yellow is the area that the city of Boise, the property that they actually own, and highlighted in red is where Gowen Field -- that's where I work every day and you see it has the two big parallel runways right there. That's critical to the implementation of this aircraft in Idaho. Mountain Air Force Base only has one runway and that was a little bit of a hiccup for them, but because we are so close to Mountain Home that our -- one of our two runways is, basically, a force multiplier to them, so they -- we are, actually, their primary divert base today right now for Mountain Home. This is going to be the noise exposure. This is the current -- current outline of what the noise exposure looks like operating today at the Boise airport. You can see the contour lines that flow around and the concern they have is the 65 day-night line decibel area. That will expand out a little bit as it was when we had the F-4s here in the earlier days. We anticipate the noise to be similar to that. The actual noise study for the F-35, the Air Force's version of the F-35 has not been completed. It is undergoing at this time. So, once the Air Force gets that --that noise picture, they will overlay that onto this map and we will figure out where the -- what the noise contours will look like. The little line you see down to the south, if I can just kind of highlight that here. This -- this is the -- that circled area there, that is the third runway that right now we -- we had that installed and built. The military and the city of Boise shared the construction of that project and that's where our C-130s went to do their assault landings and that runway will be expanded in the future. And I'm going to show you here just on the next slide that future expansion project. So, the area I have highlighted there is now outlined in the yellow to the south and that yellow is, actually, the taxi ways that are going to be constructed that would access that runway, as you can see it expands the runway out to almost 11,000 feet. I don't remember the exact length of it. About 10,800, I think, is what it will be expanded to. That's the future expansion and that's in the -- the airport's master plan and we worked very closely with the city of Boise and the airport commission on development of this -- of this plan. That, basically, concludes the briefing that I have and I'm able to answer, maybe, any of the questions that you might -- might have. De Weerd: Council, any questions? Meridian City Council February 23, 2010 Page 11 of 45 Hoaglun: Madam Mayor, I just wanted to make sure Colonel Compton might explain to folks -- often they hear the F-35 and they hear Gowen Field and they hear Mountain Home Air Force Base and they think that's their -- the F-35 is go going to go to both places, but they are two separate missions that are being considered and they are not dependent on one another. Is that correct? You might explain that a little more. Compton: Yes. You are correct. The mission for Gowen Field is a training mission and the mission that they are looking at putting at Mountain Home Air Force Base is an operational mission. Mountain Home today is an operational base with their F-15s and F-15E models. They will remain in that capacity to -- to go defend our nation and fight our nation's war. Gowen Field would be used as a training base to train all the pilots to go into that aircraft. They could very well just go right over to Mountain Home and that would be their station and the two are not tied together. You are correct. That we -- Mountain Home may get them or Boise may get them. It's not a do or die one for all. It may be split up. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Colonel Compton, then, you will -- basically, if we get these we will phase out the A-10s by 2016 and will you -- if -- if you get them and Mountain Home, you will still use the training location -- the same training location you -- don't you use Saylor Creek down there? Compton: Yes, sir. We do use Saylor Creek. The plan was -- there is multiple variance that could happen if -- if we receive one squadron of F-35s, we could maintain the A-10 until a second squadron of F-35s showed up, at which time the A-10s would go away. But eventually, yes, the A-10s would go away. Now, if we do not receive the F-35, A- 10s will stay at Gowen Field and we would still use the same training range, which is Saylor Creek. You are correct. Bird: Thank you. Compton: Yes. Zaremba: Madam Mayor? De Weerd: Councilman Zaremba. Zaremba: I just wanted to comment since you mentioned the sound footprint of it, I have lived on a number of Navy air bases and I enjoy the sound of military jets. It's a wholly different sound than a lumbering airliner and I would welcome the sound. I look forward to having them here. Meridian City Council February 23, 2010 Page 12 of 45 Compton: Well, that's -- I'm glad you feel that way. We think of it as the sound of freedom. So, it -- I appreciate that support. That's great. De Weerd: Well, I don't think you're the only one that feels that. My husband's Dutch and he's from the Netherlands and he grew up listening to stories from his parents who watched all of the sorties or the allied troops fly over their farm. It was a direct flight from England to Germany and that was the sound of freedom. Those farmers and citizens of the Netherlands counted those flights every time they flew over and they knew -- they could gauge by the ones that returned how the war was faring and they could see when success was imminent and I tell you the emotions that the Dutch really feel for that sound, it is very positive and they hold our Air Force in high regard. So, the sound of freedom resonates around the world and certainly I think myself and this Council feels very proud to have many of the National Guard in our community. I think we have a number of the military from Mountain Home Air Force Base as well. And we are in full support of this and stand ready to help support in any way we can. Compton: Great. Well, that's --that's what we need to hear. That's wonderful. Hoaglun: And I think, Madam Mayor, the one thing I heard at the briefing the other day on the noise issue -- and that seems to have been the only concern when they did the community briefing -- or survey in the various communities, but the fact that the plane does not need the after burners to take off, you can adjust the altitude and landing and taking off -- I mean you can mitigate that noise to some degree to help -- help offset being louder than the A-10. So, that's a good thing to know. Compton: And we will pay great attention to that. I mean we -- we live in the same neighborhoods and we hear them and we like to have a quiet dinner and so we will do everything we can to minimize the impact of that noise. I mean it's our home as well, so -- De Weerd: Yeah. I think that Councilman Bisterfeldt also had mentioned the F-4s are noisier. The noise would be similar to what you had this summer. Is that the F-15? Compton: Yes, ma'am. It was the Oregon National Guard had their F-15s here and for most of the time when they were here and they did not use their after burners and in the only summertime when the temperature was I think above 80 or 85 did they have to use their after burners to -- to take off and, honestly, the support from the citizens that lived around the facilities, I would think -- I believe three to one the phone calls we had were in support of -- my, gosh, we love that, that's great, can they do it again kind of a comment, as opposed to those saying do they have to do that today type of a comment, so -- De Weerd: Any further questions from Council? Bird: Good job. Meridian City Council February 23, 2010 Page 13 of 45 Zaremba: Thank you. ' De Weerd: Colonel Compton, we appreciate you being here tonight and sharing -- I see that you got the short end of the straw. Colonel Shawver, you got the free ride, uh? We appreciate you being here as well. And thank you -- if -- if we could get some of the post cards, so that we can keep it out on our back table, as well as counters in City Hall as well to encourage those in attendance, there is a website. I -- was that website listed on your Powerpoint? Compton: No, ma'am. Yeah. idahof35.com. Please go there and you can register and sign up and get the latest information that's happening with the -- with the program. De Weerd: Yes. So, thank you so much. Compton: Thank you, ma'am. Thank you. B. Historic Preservation Commission: Request for City to Participate in Highway 16 Mitigation Plan De Weerd: Okay. Item 6-B is our Historical Preservation Commission. I see Dr. Hammond here. Nary: Madam Mayor? Madam Mayor, Members of the Council, while Dr. Hammond is coming up, on your packets there is the information regarding the historic preservation's meeting and the information regarding this request, including some photographs. So, I just wanted to point you to that and what the -- what the Commission was seeking in this. De Weerd: Good evening. Hammond: We had a meeting with IDT -- Idaho Department of Transportation -- Nary: If you could put your name on the record, Dr. Hammond. Hammond: Oh. Dr. Tom Hammond with the Meridian Historical Preservation Commission, representing the rest of the commission. We had a meeting with the Idaho Department of Transportation mitigation process for this --this project and we feel that we should be involved in that mitigation process with the city's blessing. It won't cost the city anything. Thought that was pretty important. It will cost us some time, but the five members of the commission are very willing to put in the time to meet with the mitigation committee. So, I would ask for your support. De Weerd: Thank you, Dr. Hammond. Any comments from Council or questions? Nary: Madam Mayor? Meridian City Council February 23, 2010 Page 14 of 45 De Weerd: Yes. Nary: Madam Mayor, Members of the Council, if it is the desire of the Council to okay that request, the -- on the packet the -- it's a draft resolution. What we would ask -- there is some timing issues with the state as to when they need to have it completed and I think it might be before next Tuesday, so if -- basically, all they need to do is fix the title page to reflect all the agencies that were participants. So, if the Council is okay with the HPC being a representative and the Mayor signing the finalized resolution, if you could approve that, we could probably have it done before next Tuesday, because I think that's what the state's going to be needing. I think they need it by March 2nd or March 1st. Hammond: I believe that's correct. Yeah. Bird: Madam Mayor? De Weerd: Okay. Mr. Bird. Bird: Isn't it the memorandum of agreement, is what they want us to pass? Nary: Yes, sir. Bird: Okay. De Weerd: Well -- and that MOU is in your packet. Bird: Need a motion? De Weerd: Yes. Please. Bird: I'd move that we approve of the MOU for the Historic Preservation of Highway 16, I-84, to Idaho 44 environmental study, ITD project number AD 09-983 and for the Mayor to sign and the Clerk to attest. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Seeing none, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Thank you, Tom, for being with us. Meridian City Council February 23, 2010 Page 15 of 45 Hammond: Thank you. Item 7: Department Reports B. Finance Department: 2009 Annual Financial Audit Report De Weerd: Okay. Item 7, under Department Reports, I will move to B, as we have already heard, A. Our Finance Department. Kilchenmann: Madam Mayor, Members of the Council, tonight we have with us Kevin Smith from Eide-Bailey, who is our audit -- partner for our audit. And I have to say we did actually feel sorry for the auditors, because I decided in the management discussion analysis to write a history of everything that happened in Meridian numerically over the last year, which they had to audit, which was excruciating I'm sure for them. But they did a great job for us and we enjoy working with them and Kevin's here to present the audit for your acceptance. De Weerd: Thank you. Good evening, Kevin. Thank you for being- here. Smith: Good evening to you. It's my pleasure to be here again. I'm Kevin Smith, one of the audit partners at Eide-Bailey and have come here tonight to present the financial result of the audit of September 30th, 2009. And I will comment on Stacy's comment related to the management discussion, that it is one of the most detailed management discussions analysis that I have read, but it does give you agood -- good history and a good story of what's going on in the city. And, actually, it was very well put together and very well thought out. In the audit -- I will talk a little bit about the audit process and, then, I will talk about just a couple highlights I wanted to bring up. First of all, we did issue an unqualified opinion, which is a clean opinion on the financial statements and state in our opinion that they present fairly the financial position of the City of Meridian in all material respects. Part of the audit process when we start to plan the audit for the year we start to develop some of our expectations of what occurred within the city financially and we use the -- what's called the risk base approach and in that risk base approach we analyze each account as far as the balance sheet accounts and the income statement accounts, as you will see on the balancing income statement. And we assess which -- areas may have inherently, you know, more risk and so we -- and, then, we develop our procedures based on that and our procedures can include analytical procedures where we simply look at prior year compared to the current year and look for different fluctuations or maybe the lack of a fluctuation if we have an expectation that it should change and we also do what we call control testing where we look at the process and procedures that are in place and, then, select some items and trace those items through those processes and procedures to make sure that those processes and procedures that are described in the manuals are working as described. And we also do what we call -and we are required to do, actually, some unpredictable tests. So, before we come in to do the audit we provide management with a long list of item that we will need to look at and, then, when we come in we also add some Meridian City Council February 23, 2010 Page 16 of 45 unpredictable tests of things that they didn't know we was going to look at and some of those may be -- for example, in the accounts payable area we select everything over a certain dollar amount and, then, when we come in we may lower that dollar amount and look at other items that they weren't expecting us to look at. And so that's one of the items that we did this year. And another area that we looked at were in the fixed assets, because there had been a lot of additions to fixed assets -- part of it, you know, this building that we are in. So, we lowered the dollar amount and we looked at more than what was just -- what we had provided to them in the planning part. In the financial statements themselves a couple of items that kind of stood out to me that I wanted to point out in the management discussion analysis. On page seven where they start talking about -- Stacy and her group talked about the governmental activities and in there described that the revenues decreased by ten percent and the expenses increased by 11 percent. And, then, I'll point out that there was still an increase in your fund balance of that account -- of that fund and to me that shows that there was a -- there was a plan in place and as I look at the -- as I look at the budget it demonstrates that, because the budget was so close. On a 29 million dollar budget for the General Fund, you know, you come about 197,000 dollars, which is -- is not a large dollar amount. So, you really paid attention to the details of that budget and had a plan, you know, even though you knew revenues were going to decrease, that there was still a plan to have a positive outcome and to pay attention to that. In business type activities on page 11 I noted that there was a -- there was a rate increase in the charges for services and that increase, obviously, brought in more revenue related to the enterprise or business type funds and that increase in net assets in the Enterprise Fund by approximately 6.8 million dollars and that -- that 6.8 millions dollars I also note that e I know in the past there has been, you know, a conscious effort to develop, you know, net assets within those funds for future project, you know, and as you go through the growth that you went through in the past few years and now, you know, it's kind of time to weather that storm with the economy being down a little bit, but, you know, all those sewer lines, water lines, all those facilities have to be updated, upgraded, .you know, all the time and so that's what that reserve can be used for is for that -- those updates in the future. Also on the balance sheet in the governmental funds I noted something -- and this is, you know, fairly obvious to some, but the cash and investments of about 21.4 million dollars and the unique thing about the City of Meridian is when you look down at the fund balance that matches pretty close, which means there is almost no debt and you guys are aware of that, which is unique for a city this size to not be carrying debt on the -- on the books and to have that -- you know, the cash. What it shows in the fund balance you have cash available to meet those obligations. And also in the Enterprise Fund I noted the same thing, about 28.7 million dollars in cash and investments, which, you know, agrees fairly close to 29 million dollars in -- in the net assets. And I mentioned, you know, the economy and in that also, you know, it includes the General Fund. You know, again, weathering the storm of the economy and -- which means that you have some reserves in place for future projects in that fund also. Another thing that I talked about the budget -- the other thing that I wanted to point out is the -- as we went through the audit, you know, we look for adjustments that need to be made to the financial statements and we did not have any adjustments and that's, you know, to commend the management for doing their job, which also means that Meridian City Council February 23, 2010 Page 17 of 45 when you are making decisions on -- in these meetings with the financial information you receive, that means that you can make good decisions, because there are not adjustments to be made to those -- to those accounts and that's fairly rare, too. We do audits that we will usually make some adjustments. We also issued a report in the back financial of the statements with the compliance with the laws and regulations as they relate to the internal controls and I mentioned in the beginning that we do some testing on the internal controls and those processes and procedures and we are required to assess those controls and do some testing. However, we don't render an opinion on those controls per se that are in place. We also issued a letter that's called the governance letter of those who are charged with governance, which is the Council and the Mayor, and in that letter we talked a little bit about, you know, our responsibility is not processes and procedures and also that we don't have any issues with management and if we did have, you know, some issues or we had adjustments, we would communicate it in that written form. Also, I wanted to point out that the -- we did not issue a management letter and this is the first year that we have not issued some type of management letter with comments on it. That management letter can come in and those comments can come in various degrees. The most severe is called a material weakness. Now, material weakness means that we have to make material adjustments and an example of a material weakness -- another one, outside of just the adjustments, is that this entire document, the financial statements of about 61 pages, was prepared by management and if we, as auditors, were asked to prepare that, then, that would be -- we would issue a material weakness saying that the city does not have the proper internal controls in place or the -- the ability to prepare that document. A significant deficiency is kind of the next level. A significant deficiency is something also that if they could prepare part of the document, but not all of it, or if there were some adjustments that we made that weren't of the large magnitude, then, we would issue what's called a significant deficiency. And, then, we have what's called other comments and recommendations and in the past we have had, you know, some of those as we worked through some of the controls and the segregation of duties and -- but this year we didn't have any of those. So, that means that, you know, management pays attention to the process and procedures and they do take them very seriously. And they call me during the year and they ask questions about some of those procedures that are in place and that they are trying to adhere to and want to know if they have the right segregations in place. So, with that I'd like to thank the staff for the assistance they give us -- they provide us in the -- during the audit and we did have a couple of entries that we call past adjustments, thing that we noted that were not of a material nature. For example, I talked about the General Fund having a fund balance of about 29 million dollars -- or the revenues and expenses about 29 million dollars and, then, the -- on the budget and we had a past adjustment of about 100,000 dollars. So, just not material overall. And also when you look at the -- at the balance sheet and the amounts are -- the amounts on the balance sheet are about 200 million dollars. So, again, just not a significant amount for us to make. So, we pass on those, which means that management does not make those entries. But I'd just like to thank them for their hard work and commitment to helping us be efficient to get through the audit. Any questions that anyone has? Meridian City Council February 23, 2010 Page 18 of 45 De Weerd: Thank you, Kevin. Council, any questions? Bird: I have no questions. Just a typical nice audit. Great job. De Weerd: Questions? Comments? Hoaglun: Just a comment, Madam Mayor. That's -- thanks for that report, Kevin. I appreciate the work that you guys do to look at that. Oftentimes people are nervous about that, but if you take it as it's intended you're looking at our operations and making sure we are doing it the right way, that's always good that -- that we look at that every year. But Ijust -- I think our Finance Department is doing a fantastic job. It just puts pressure on them, though, I mean to get an unqualified opinion, no adjustments in the financials, no management letter, how are they going to do an encore for next year? That's really going to be tough. That's a tall order. But they did it this year and we know they we will strive for that again next year. So, we appreciate your work on that and taking a close look at things. De Weerd: Thank you. Smith: Thank you. Bird: Madam Mayor? De Weerd: Yes. Bird: Before I make a motion to accept the financial, I want to thank you and all the department heads and all the employees for us getting a report like this. The management letter -- not having one is because of you guys. Stacy, your department is first class. We have always known that. All our departments our first class. And I, for one, who -- the four of us councilmen up here are the ones that are responsible for the dollars and cents and when we get reports like this and no management letter -- and I have been here since the first time Kevin showed up here and this is the first time we haven't had a management letter, it's because of the hard work of all of our employees and of all of our directors and under your leadership and I appreciate it very much. De Weerd: And our thanks go to you and your staff, Stacy, and certainly we are all in the same boat together and appreciate the leadership and the training that your staff provides and the interest of the departments to participate. So, it is a team effort and I appreciate your comments, Mr. Bird. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council February 23, 2010 Page 19 of 45 Zaremba: I also appreciate and I appreciate the validation of the confidence that we place in the people that keep us in the black and report it correctly and that's all wonderful. I believe there is a motion on the floor to accept the audit and I second it. Bird: I haven't, but Iwill -- Zaremba: Oh, I thought you did make a motion. Bird: -- make it. I move that we accept the fiscal year 2009 audit as provided by Eide- Bailey. Zaremba: I'll second that. De Weerd: Okay. I have a motion and a second. Do I have discussion? Madam Clerk? Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Finance Department: General Fund Revenue Report De Weerd: Congratulations. Thank you for being here. Okay. Item 7-C, our General Fund revenue report. This is a follow-up to a budget item approved by Council last summer and tum this over to Stacy. Kilchenmann: Madam Mayor, Members of the Council, I set before you the schedule that I e-mailed you. It's just the revenue projection and it's dated as of January 31 st and as you remember we discussed at the time we did the one percent across the board in October and we discussed doing it. Todd reminded me that exactly six months will be April, but because of the dollar amount's so small we can do it in March and, actually, Barb said March would be a good time. But if you look at that schedule and you just look at the highlights budget-to-actual projections, we are about 100,000 dollars under budget at this point and that's being -- I'm being really conservative as far as the numbers like interest and so forth. But I think as far as property taxes and revenue sharing, we have met that our -- the budget targets we set and that we can easily go ahead and do the merit increase. The merit increase, actually, for the whole city only totals about 76,000 dollars. So, I would recommend that we go ahead and do it on the expense side. The only anomaly we have or event we have so far that we haven't planned are the contracted legal expenses. Right now they are about -- I think end of January they are about 127,000. So, that's the only variance that I think we have in the budget. So, any questions about that? De Weerd: Council, any questions? Meridian Ciry Council February 23, 2010 Page 20 of 45 Bird: I have none. Hoaglun: No. Zaremba: No. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I think we should implement our -- our April raise. We were leaving it up to you and you just stated that it was okay. Kilchenmann: Yes. And I -- Bird: And Ithink -- I think we need to get it so it's implemented April 1st. Kilchenmann: Do you want to do it in March or April? We can do it either. Bird: March would be fine with me, if we can implement it in March, that's fine. Kilchenmann: Timing for us works well in March, if -- Bird: Is that okay with the rest of the Council? Hoaglun: Yeah. Zaremba: March is about six days away. Is that doable? Kilchenmann: Well, it's the end of March. De Weerd: The end of March. Kilchenmann: March 20th. It would actually be -- Zaremba: I'm in favor. Hoaglun: Yeah. Me, too. De Weerd: Council or -- Bird: I have no problem with it, Mayor. That's fine with me. De Weerd: Mr. Nary, I guess it would also probably be appropriate to draft a letter to the union to let them know, since this was a negotiation item as well. Okay. Meridian City Council February 23, 2010 Page 21 of 45 Nary: Madam Mayor, Members of the Council, I will both do it informally by a-mail and, then, a formal letter, too, to supplement that. De Weerd: Okay. Nary: But I will take care of it. De Weerd: Okay. Zaremba: And we are talking about all employees, not just the union; right? De Weerd: Yes. But that's the only -- Bird: That was part of the contract negotiations. Zaremba: Cool. De Weerd: And, Stacy, maybe you want to be the one that gets an a-mail out to all employees, so -- Kilchenmann: Sure. We would love to do that. De Weerd: It would be nice for Finance to take and -- they can play the positive role. Kilchenmann: That would be great. We will do that. De Weerd: That's great. Well, thank you for that report and since it was approved in the budget, I don't think I need an official motion. No. Just the acknowledgment of all three. Bird: The way it was approved in the budget was upon the decision of Finance, the CFO, and she just give us the go. Nary: Yes. De Weerd: Okay. Bird: So, if we get in trouble call her. De Weerd: It's all your fault. And since the auditor is sitting here listening to us -- Bird: He's grinning, too. D. Finance Department: Updated Purchasing Policy Meridian City Council February 23, 2010 Page 22 of 45 De Weerd: Okay. The next item, Item 7-D, is the purchasing policy. That should be in front of you, Council. Kilchenmann: This is a accumulation of way more time than we thought it would take, but this is --our last purchasing policy was done when I first started and that way longer ago than we are going to talk about. It's rather old. Hasn't been updated. And so one of my goals for Keith when he started with us was that we would update the purchasing policy. City Hall kind of got in the way of that a little bit, so we finally have it ready for you to bring. I hope you have all had a chance to review it. We had a lot of assistance and help from the Mayor and the department directors in crafting the policy and I think a lot of vetting with them. So, Keith is going to present kind of the major changes, give you a chance to ask questions, and, then, we do want to look at adding a green purchasing policy piece in there and Tom is -- we don't have it written into the policy, but we do have an addendum and so Tom is just going to briefly explain to you how that works. So, with that I will give it over to Keith. Watts: Thank you, Stacy. Madam Mayor. Council Members. You also have a document that is -- the title of it is changes to the purchasing policy and the reasons for the changes and one of the -- one of the biggest changes that we made was to remove the procedures -- the departmental procedures from the policy as those get modified as we learn better procedures and processes within our department and working with all the other departments and I wanted to be able to freely modify our processes without coming back and having to modify a purchasing policy, which is, essentially, the way that most policies are written. So, the department procedures will be maintained by the Finance Department and the Purchasing Department and when we need to modify something or we find a better way to do that, we work with our departments and come up with our new processes. The processes that we use we have written down in a statement -- or SOP, which are our standard operating procedures. I have worked with departments for many many months going back and forth modifying and coming into agreements on how we would process our paperwork and do our processes and I have had a lot of assistance from the Public Works Department since we do -- you know, the majority of your construction contracts and a lot of our bid documents come from Public Works. So, I wanted to thank Public Works for helping us out a lot. But we have come to agreement on those. We have several that we will probably continue to update and change as we find better ways and will implement more SOPs as we determine the need. One of the -- the next change was to remove the -- or give the construction managers and Public Works the ability to create change orders on the fly when they are out in the field if it was within the approved Council budget for that project and within the original scope of services for that project and Tom Barry also gave me some suggestions -- or some examples of solutions and the pros and cons of waiting to come to Council for those change orders and the benefits of being able to do that in the field on the fly, which, typically, saves money, because time is money as you know in construction. Those -- you have those also. Those were also sent to you a week or so ago for review as well. I guess with that I would ask if any of you Council members have any questions on the process so far? Meridian City Council February 23, 2010 Page 23 of 45 De Weerd: Council, questions on the document in front of you? Have you had a chance to review it? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: First off, great work, but not only a good project, but well done and I appreciate everybody that contributed to it and the fact that it's happening -- Watts: Thank you. Zaremba: -- is a good thing and I pretty much like everything it said. I, actually, have -- don't have anything I would change, but I have a couple things I would like to suggest to add and one of them would be paragraph five, the purchasing authority. I know some place later it mentions that having it be in the budget is a requirement, but I would kind of like -- you can't state too many times and in the sentence that you have here introducing this paragraph you say each department director and/or authorized purchasing personnel within the city shall have the authority to acquire goods or services. I would add there: Previously approved in their department budget and, then, in accordance with the following guidelines. I just think that should be stated in that place and would ask that that be added. Then, the other subject is more of a discussion. Paragraph three is purchasing forms and I know from the work that my wife does that both private companies and government agencies struggle with regulatory compliance and updating of forms and people make copies of forms and they are using one that was from three years ago and there is legal problems with old forms and I'm just suggesting that under paragraph three we have some language that gives us control over the versions that are out there. If it's a hard copy they need to not keep making copies of old ones, but get new ones from purchasing. If it's an electronic or digital copy, they need to not import them onto their own desktop and keep you using their old one, they need to -- they need to link to a database someplace that you can update and every time they go to it they get a new one. So, whatever that language is and I have suggested some that may not be exactly what we want, but I do think we need to include version control of all documents. Watts: Thank you, Councilman Zaremba. We can add that -- a statement that instructs the employees to go to the purchasing intranet site and download those forms directly from the intranet. Zaremba: Each time they need them. Watts: Correct. Zaremba: As opposed to saving them someplace and repeating them. Yes. Meridian City Council February 23, 2010 Page 24 of 45 Watts: Yes. And for the purchasing authority I agree we will add those -- that small statement in that first opening sentence as well. Zaremba: Cool. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: And are we -- being electronically dumb, are we capable of when they download, depending on whatever department it is, we can keep the numerical order going in our purchase orders? Watts: Well, all purchase orders are going to be issued through the purchasing department through MIP. Those will be done by -- either myself or Kathy right now. The departments do not go online and do -they don't issue purchase orders, they don't issue bids, RFPs, contracts, those are all written by the Purchasing Department. Bird: Did I misunderstand what David just said, they could get onto the -- and pull up a PO? Watts: Not a PO. There are other forms. They are intemal forms that we use within us, so -- yeah. The intemal forms would be like -- Bird: They can get a request. They can get a request. Watts: Yes. Exactly. Bird: But not a PO. Watts: Correct. Bird: Okay. Watts: Like a requisition form or -- Bird: You can keep the numerical order. Watts: Exactly. That is correct, sir. Bird: That's all I was worried about. Watts: Okay. Hoaglun: I just want to say when I went through this and I talked to Keith and since Tom's here from Public Works, too, having gone through the dispute with a contractor Meridian City Council February 23, 2010 Page 25 of 45 on changes made out in the field, anytime we can put in there written requirements or written changes, we need to stress that things be written, because we can't -- you know, he said and he said, we get into trouble with that, so in writing, written, however we want to say that, where ever we can we can't stress that enough, so -- Watts: As we do as well. I, actually, have a couple of copies to show you. We do have those forms already designed within the city and we are using them, but I do have samples I can bring up and show you as well. De Weerd: Any other questions or comments from Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I got a question e well, are we just through two or are we going -- Watts: Yes. Bird: Oh. I don't have a question on that part. I'm -- it's farther on down. Watts: We are getting there. The next change that I have is we have modified some of the dollar limits from the previous. purchasing policy and we are requesting to raise the amount for a purchase order. Right now it is from zero to 5,000 dollars does not require a written purchase order. With the economic conditions today I was suggesting that we would raise that to 10,000 dollars with an employee with their -- with the proper authority within their own department could go out and procure a good or service for 10,000 dollars that without issuing a purchase order from the Purchasing Department. That change also was -- the dollar limit for contracts to come to Council. Right now the dollar limit in the existing purchasing policy states that the Mayor has a 25,000 dollar signing authority without having to go through Council. We were suggesting to raise that to 50,000 dollars before it has to come through Council. The department would need their department liaison's approval and, then, run that through the Mayor to -- for signature without going to Council. The state statutes -- that is within the state statutes as well. Bird: You want questions on this now? Watts: Yes, sir. De Weerd: Mr. Bird. Bird: This point. The first thing, if you don't -- if you don't require a purchase order up to 10,000, how do you track it if there is a problem? Watts: That is done internally. Departments keep track of their own purchases, just as they do now of the 5,000 dollar limit. Meridian City Council February 23, 2010 Page 26 of 45 Bird: And what if it sits on somebody's desk for 30 days? Watts: Well, that's -- whether you have a purchase order or not, we don't have any control over that. Bird: At least with a purchase order you find the supplier, I can call up and say I have not been paid for purchase order such and such and such. You can walk -- you or Kathy can walk right in there and pull it out and find out why it hasn't been paid and stuff. You need a purchase order to follow. I think we need to stay at the 5,000 dollars. Kilchenmann: Councilman Bird, we actually don't -- we don't trace now by purchase order, so when a -- when a supplier calls Jennifer we usually trace back just by the invoice. Bird: I just -- I just -- we just ran down one the other day by a purchase order. Kilchenmann: That's not how we typically do it. Bird: Why do we issue them? Kilchenmann: And some of our largest -- it's a control. It's to give an approval process, so it's granting approval to make the purchase before it's made is the principal reason for it. Bird: I personally still think 5,000 should be our limit. But that's - I'm one. Watts: I would like to state that the changes in the dollar limit is more closely resembling the statutes is what I was trying to get at as well. Bird: The statues of what? Watts: Approvals of when -correct. Correct, sir. Kilchenmann: And the reason -- I guess the reason -- the underlying reason for changing is because there is a cost to doing a purchase order and so you're doing a cost benefit analysis and that's -- that's why we don't do purchase orders for a dollar or five dollars or every purchase. Bird: I don't disagree with five, ten dollars, but I do disagree over five. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council February 23, 2010 Page 27 of 45 Zaremba: I agree with the need to have controls. I think we are very fortunate we have department directors that we can trust. We now have a purchasing department that we didn't have when the previous laws were made and I think when the previous purchasing policy was made it was long enough ago that 5,000 dollars, then, is worth 10,000 dollars now. So, we are not raising the purchasing power of -- of what we are allowing people to do necessarily. The creep in prices and other stuff have -- have made 5,000 dollars seem like not a lot of money, unfortunately. I mean I don't carry that much around with me, but in getting the city's work done there are things that need to move a little faster and the other piece that we have come to in raising the limit before you need a City Council liaison signature, I agree with that as well. It isn't that we have given up controls, we have a new Purchasing Department and we have directors that we trust and as long as we have put in the statement that it has to have been in the budget in the first place, the approved budget that Council has seen, I don't have a problem with raising the limit we are talking about to 10,000 and the other ones we are going to talk about to 25,000. Just a personal opinion. Hoaglun: Madam Mayor, my thoughts on that. De Weerd: Mr. Hoaglun. Hoaglun: I don't have a problem with raising to the 10,000. I think what Councilman Zaremba has mentioned is I think accurate. In my mind the department head is responsible for -- for that amount and if there is a problem paying, if the vendor is looking to be paid, I think we need to go back and be asking the department head what's going on here, you know, why is this being delayed, is there is a problem, that sort of thing. If it's -- I guess it's going back to the source. It's not going to Keith and having him to go back to the department head, it's going to come back right to the department head. I like -- I hope they think they are well paid and they are hired to manage and make sure things are done appropriately, but I think we can go there and make that work. We do need to streamline the process. For the amount of work that's being run through Finance and our Purchasing Division, we are a big enough city there are a lot of high dollar amount purchases that are going through there and we need to make sure -- we need to account for all the dollars, but how we do that we have to be mindful of those big numbers we are doing the right way, because there is a lot of requirements out there and we want to meet those, so -- and I know the department heads can make sure they meet the requirements for the smaller dollar amounts. Watts: And Madam Mayor and Council Members, I'd also like to make a couple more statements. We have not changed the requirements or the -- the requirements that an employee does for the purchases under 25,000 dollars. We haven't modified that language at all. And also I'd like to state that we have implemented a purchasing authorization form that we have sent to the department heads and they are talking to their employees who are authorized to make purchases, so when I get a request from the department, I know what that individual employee -- his dollar limit is and they know what that limit is. So, if I get a request for 20,000 dollars and the employee -- in our form, they have to sign the form, their department head signs the form, and I sign it as Meridian City Council February 23, 2010 Page 28 of 45 well. If they request something over their dollar limit, then, I go back to their supervisor or their department head and obtain authorization for that purchase. It's just another control we have put in place. Hoaglun: I'm glad you said that with Eide-Bailey here. We have controls. Watts: I will go onto my next change -- the next change that I have listed in that document as well is -- I have added the statutory requirements for a bid protest to our policy and our bid documents. With the -- with the climate that we have now we get bidders more apt to protest a bid whether they are going to win or not. They have nothing to lose and with the economic climate there is, we have seen more bid protests and we see a lot more public records requests right now and it's going to grow I'm afraid this next year. So, we put that statute -- or we put the statutory requirements for the bid protest in our bid documents. We put it in our policy as well, which we will post online and we are waiting for that protest period to pass before we bring any bids or awards back to Council. That way we don't jump the gun or think we have something awarded and, then, have a vendor come back after the award from Council. That's another process we have changed. We have also added a credit card usage section to the purchasing policy. We haven't had one before. With that we have some of the smaller changes that's in that document as well that you have been provided. If you have any questions on those I'd feel free to answer those for you as well. De Weerd: Okay. Council, any comments on this part? Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Just a question. The wordings on these, again, match what the state would ask for? Watts: Yes. We are actually still below the state requirements for statutes. One of the -- one of the requests that I had made also put up for your consideration is to -- for the Mayor to delegate a signing authority for purchase orders for 25,000 dollars and below. Right now the purchasing manager only has a 5,000 dollar limit on a purchase order. I would suggest and recommend to raise that to 25,000 dollars to help speed up the process as well. And that's in the last page of those changes. Hoaglun: Keith and Madam Mayor, would you mind going over the -- if you delegate the signing authority to POs to the purchase manager, who reviews that? Can you walk through that review, that control process for that? Watts: Well, that -- the requisition would come from the department. It would either be signed by the department head or his authorized personnel who have signed the purchasing authorization form. That requisition would, then, just come to the purchasing department and I would make sure the quotes -- everything was in order, cut Meridian City Council February 23, 2010 Page 29 of 45 the purchase order and sign the purchase order. Anything over that they would have to go to the liaison and I am -- I am suggesting and recommending that we change that internal process right now, the liaisons are signing purchase orders. I would rather have the liaisons signing the requisitions, so we don't even move forward with getting quotes or going out for a bid until we have the liaison's approval. It seems a much better process. Hoaglun: Yeah. I certainly like that change. Is it possible if a Council member and liaison to the -- you know, pick an agency, if they said, well, I still want to see that, can you give me a copy of anything you have signed, is that something you would be -- Watts: Absolutely. We could do that on a weekly basis. We could put the POs in your box if you'd like to see them. We can even a-mail -- we scan all of the signed POs as well. We have them electronically. Hoaglun: Okay. I'd like that. If we wanted to have that done, that might be a good way to do that. Thank you. Watts: Uh-huh. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Keith, getting back to the bid protest, you got any reason why we seem to be getting a lot of protests? Watts: I believe it's just the economic climate. I sit on a purchasing board here in Idaho and I talk with ACHD, Ada County, ITD, DEQ, Boise and we are -- apparently we are getting fewer protests than all of those agencies are. They are inundated from them. And it's been that way for over a year they tell me. So, it doesn't make we feel so bad. Bird: You guys ought to maybe meet with some private owners and find out how they keep from having bid processes -- protests. It -- I think it starts with making sure we get decent plans out on the -- Watts: That is correct, sir. Good plans and specs are the key. Bird: And we sometimes do that. That -- that's the touchiest situation going is those bid protests. It's not fair to the bidders and it's certainly not fair to us. Watts: That's why I like giving them the process up front. We are willing -- we are open, we talk about it, if you have got issues here is how you approach -- the statute gives a bidder three days to protest a bid specification. They get ten days after award to protest an award. So, we tell them that up front, this is your requirement, if you don't Meridian City Council February 23, 2010 Page 30 of 45 like something you have to do it in this time frame, if you don't like the specifications, if you want to protest the award, you have ten days to protest the award. De Weerd: Any other questions? Okay. Watts: That pretty much sums up all the changes, I believe. Kilchenmann: For Tom. Watts: Oh, yes. Tom, would you like to talk about the -- yes. Barry: Good evening, Madam Mayor, Members of the Council. One amendment exists before you. I believe Mr. Watts has passed this out and included it with your packet this evening. This is an amendment that we were unable to get into the original purchasing policy, it's something that the Public Works Department, the Finance Department, certainly the Planning Department has an interest in and so it's my pleasure to present this to you. Essentially, this was -- is language that's before you that discusses a green purchasing statement, which is a statement that, essentially, encourages, but does not require staff in the City of Meridian to try to procure goods that are environmentally friendly or sustainable, such as recycled materials, and those kinds of things, whether they be post-consumer recovered materials or pre-consumer recovered materials. This particular language, again, does not obligate the city to purchase any of that kind of material, but does encourage it if those materials make sense, they are practical, financially responsible, then, in those cases we would like to encourage the incorporation of purchasing those types of products. The recommendation here is that this language, if it passes your approval, is some language that we can, then, insert back into the purchasing policy in a place that Finance can determine where it should go. But we'd like to -- this is the language we are proposing. The reason behind this language is a couple fold. First of all, this language does comply also with the energy -- the ten year energy action plan that was presented to the City Council some months ago and it's been worked on by the Planning Department, in coordination with several other departments. It's also language that would potentially benefit us from a granting standpoint and so having this kind of language may serve to our benefit particularly acquiring certain types of grants which seek to incorporate the use of products or goods that do contain some sort of sustainability component to them. Also from the Public Works Department standpoint, you know that we have begun to work on an accreditation process for our department and one of the best management practices that we have come across in our work is to have not only a purchasing policy, which we do have, but also that that purchasing policy include language very similar to this and so this does forward the Public Works Department's desire as well towards accreditation as it relates to this specific element that is not mandated by any stretch of the means, it's not required, so I don't want to suggest any of that, but it does seem that with our interest as a community to set an example for those who do business in our community, this is a good step forward to -- to be the leader and include these kinds of purchasing policies in our every day practice, the good work that we do on behalf of the citizens of the City of Meridian. So, I'll stand for questions if you have any and between myself and Meridian City Council February 23, 2010 Page 31 of 45 the planning director and the finance director I'm sure we can get your questions or concerns addressed. De Weerd: Thank you, Tom. Any comments or questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I absolutely think it's a good idea and just in thinking of the process of how we end up awarding bids, there are agencies that use a point system. You get a certain number of points if you have met all the specifications, you get a certain number of points if you're close to the price range that we were expecting. You get a certain of number points if you promise to employ Meridian citizens. You get a certain number of points if you incorporate green procedures and products in it and I don't know if we want to get that complicated in -- De Weerd: No. Zaremba: -- in how our bid process works, but I could see a way to incorporate this maybe by saying if we have two bids that are fairly equal, we will tip it in favor of the one that's providing a green service or a green product and make that known that that will be the deciding factor. I don't know how you would do that either, but -- Watts: Councilman Zaremba, that we do not have the statutory ability to do so. Zaremba: Okay. Watts: That -- in an RFP process we would have that when we are looking at proposals. If two bids come in with the exact same amount, it -- the Council does have that ability to pick the bid that they would like to go with and this might be a determining factor in that. We are not making this an awarding criteria, we are just simply trying to get our employees to start thinking green and looking for these solutions. Barry: But -- I'd also like to add that, as Keith did point out, it is true you can include that in an RFP rating sheet and Public Works uses a similar rating sheet where we talk about experience, you know, qualification, time to do the project, scope and those kinds of things and this could be something that we could include. It wouldn't be a dominant factor, of course, but it would be one thing that possibly we could include, particularly if you're talking about recycled steel, say, for example, for certain types of infrastructure or those kinds of things. So, again, we want to emphasize that this language does not obligate the city to do that, only when it makes sense, it's pragmatic, it's financially reasonable and responsible, in those cases we'd like to encourage it under that environment, so -- Hoaglun: Madam Mayor? Meridian City Council February 23, 2010 Page 32 of 45 De Weerd: Mr. Hoaglun. Hoaglun: I was just going to say when I read this and listened to Tom, I was in favor of this. It's very straight forward. It applies a common sense approach to it. We are encouraging our citizens to recycle and we have a very high percentage of our residents who do recycle, so this keeps it fairly simple, straight forward, and I like that and that's why I think we ought to -- we ought to include it. De Weerd: Employ the KISS principle. Hoaglun: Absolutely. Zaremba: I'm the one that makes things complicated. De Weerd: Yeah. That was mind boggling. Zaremba: Just trying to put some teeth in it, you know. De Weerd: Thank you, Tom. Barry: Great. Thank you. So, if the Council so chooses, then, to adopt the purchasing policy, we would ask that this language, if it meets your approval, also be included, so we can get it under the same resolution number and, therefore, incorporate it into the same document. Thanks for your time. De Weerd: Thank you. Okay. Council, are there any additional questions for Keith? Zaremba: Just a comment. I can see a lot of work went into this and I appreciate it. Watts: Thank you. De Weerd: More than you can imagine. Zaremba: Well, it's a big subject and a very serious one. Nary: Madam Mayor? De Weerd: Mr. Nary. Nary: Madam Mayor, Members of the Council, if the desire of the Council is to approve the policy with the recommended changes or additions that were proposed, we can, then, work with purchasing, get a resolution on next week or the following week, and have that back in front of you for final approval. Bird: Madam Mayor? Meridian City Council February 23, 2010 Page 33 of 45 De Weerd: Mr. Bird. Bird: Our preference is to get -- get one drafted and I want to read it, hard copy, first, with all the changes and stuff, all the proposals, before I vote on it. De Weerd: Okay. When can that draft -- or when can that be e-mailed out to Council? At least a final form. Nary: The final form of the policy? De Weerd: Uh-huh. Nary: I guess this week. Watts: Yeah. We can have it tomorrow. Nary: Yeah. De Weerd: Okay. And a resolution could be prepared -- Nary: By tomorrow. De Weerd: Okay. Watts: Thank you. E. Police Department: Budget Amendment for Canine Acquisition for $7,000.00 De Weerd: Thank you, Keith. And -- and team. Okay. Item 7-E, Police Department. Colaianni: Madam Mayor, Council Members, what I believe you have in front of you tonight is spending authority for 7,000 dollars to purchase an additional K-9 for the K-9 unit and I believe or hope that before the chief left he briefed you all on this. Last summer the K-9 unit raised -- went out and raised money through eating hot wings and selling coffee and doing a number of things to try and grow our K-9 unit. So, we were able to add a fifth dog and put him on day shift where he's able to assist in schools in our school district in our city with keeping drugs out of the schools and we were successful in that and so now we are to the point where we need to pay for this dog. They both were purchased out of Holland and flown to Alabama where they had some initial training and they are here now. We are stress testing the dogs and putting them through behavior -- social behavior and Ivan and Carlo are their names and so this is just the last piece of requesting to use those funds to purchase these dogs. I'll stand for any questions. Meridian City Council February 23, 2010 Page 34 of 45 De Weerd: Those are not Dutch names. Colaianni: They are not. I don't know how -- I don't know how they get named, but Ivan was actually named Ewan and it was a little hard to call that dog by that name, so we changed it to Ivan and it's worked so far. De Weerd: You Americanized it, uh? Colaianni: Yeah. De Weerd: We are good at that. Colaianni: Good observation. I had the same one, Mayor. Zaremba: But the handlers do have to speak Dutch. Colaianni: Got to know a little bit. Hoaglun: Madam Mayor, I just wanted to ask -- I understand there was some controversy in the fundraising. Who actually did win the hot wings contest? That was the fire department. Colaianni: I cannot tell a lie. It was the fire department. Hoaglun: Okay. Bird: Anderson made sure of that. Colaianni: There is a rematch coming in the future. We are going to get together and find another good charity. I know they did theirs for the bum out fund and we are looking at some other things. We did some things this year with Christmas and children from challenged families and stuff and so we are looking at doing other things this year, too. But we want a rematch. Hoaglun: Okay. Colaianni: But that's all I have. If you have any questions I would be happy to -- De Weerd: Any questions? Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I move we approve the budget amendment for K-9 acquisition for 7,000 dollars. Meridian City Council February 23, 2010 Page 35 of 45 Bird: Second. Hoaglun: Second. De Weerd: I have a motion and a second. Any discussion? Since I had two seconds, I imagine there are none. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Colaianni: Thank you. Item 8: Items Moved From Consent Agenda De Weerd: Thank you. Okay. There were no items moved from the Consent Agenda. Item 9: Action Items A. Public Hearing: MDA 10-001 Champion Park (fka Parkstone) by Keith Borup Located at North of E. Ustick Road (approximately 1,500 feet west of N. Eagle Road) off of N. Leslie Way, East Side of N. Justin Avenue (Lots 80-104, Block 18, Champion Park Subdivision No. 5): Request for Modification to the Number of Single-Family Detached (from 299 to 311) and Townhouse /Patio Home (from 76 to 52) Building Lots Listed in the Amended Development Agreement De Weerd: So, we will move to Item 9-A. The application has been withdrawn, but we do need a motion to accept the withdrawal; is that correct, Mr. Nary? Nary: I'm sorry, Madam Mayor? Zaremba: We usually do it. Bird: Yeah. De Weerd: A motion to accept the -- Nary: Yes. De Weerd: Okay. Meridian City Council February 23, 2010 Page 36 of 45 Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: I move we accept the withdrawal of MDA 10-001. Hoaglun: Second. De Weerd: I have a motion and a second to approve the request to withdraw Item 9-A. Do we need a voice vote? Nary: Yes. De Weerd: Madam Clerk. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. B. Continued from February 2, 2010 MFP 09-004 Southridge Subdivision No. 1 by Linder 109, LLC, Meridian Library District and Joint School District No. 2 Located at Southwest Corner of West Overland Road and South Linder Road: Request for Modification to the Street Sections Shown on the Final Plat to Include the Addition of Detached Sidewalks Along Spanish Sun and Spanish Fork Streets; and Modification to the Roadway Improvements Along the South Boundary of Phase 1 to Reduce the Amount of Asphalt and Concrete Curb De Weerd: Item 9-B has been requested to continue to March 2. Do I have a motion? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move that we continue MFP 09-004 to our regularly scheduled meeting of March 2nd, 2010. Hoaglun: Second. De Weerd: I have a motion and a second to continue this item to March 2nd. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council February 23, 2010 Page 37 of 45 C. Public Hearing MDA 10-002 Bridgetower Crossing Office by Primeland Investment Group, LLC Located at the Southwest Corner of W. McMillan Road and N. Linder Road: Request to Modify Several Provisions of the Recorded Development Agreement (Inst. #108059801) De Weerd: Item 9-C is a public hearing on MDA -- MDA 10-002. I will open this public hearing with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Before you this evening is an application for a DA modification. The subject site is on the southwest comer of McMillan Road and Linder Road. To the north of the property is vacant land, zoned C- G. To the east is city property -- or single family residential zoned R-4 -- or R-15 and R- 8 and also some Ada County parcels with some agricultural land occurring on that as well. To the west is Bridge -- adjacent Bridgetower Crossing Subdivision, so single family residential zoned R-4. And, then, as you can see here to the south is, again, another rural residence with some agricultural land. If you recall, this property was before you in 2007 for a rezone and a preliminary plat approval, which approved 11 lots and one common lot. This configuration that you see in this map before you this evening is how the lots are currently recorded as Bridgetower No. 11 and No. 12 and that -- those plats were recorded and finalized in 2005. So, as I mentioned, with that rezone, the applicant went through a DA mod back in 2008 and the concept plan on the left-hand side was the concept plan that coincided with that preliminary plat that they submitted before you. It showed 12 office pad sites, several access points. They were converting the western derive aisle into a reduced street section for a local street connectivity, one connected to McMillan Road and the other one connected to the southern property boundary and that roadway was known as Pengrove Way. The applicant also on the southern portion proposed to provide a local street known as Loretta Street to Linder Road and have those four -- or, excuse me, six commercial lots take access to that street and, then, go onto Linder Road. Now, the application before you this evening -- you can see on the right-hand side their proposed concept plan. Again, nothing to the north is changing with that plan. However, the southern portion has changed dramatically from what you see on the left. Now they are proposing one lot and they are still proposing access to Linder Road, but that is now proposed as a commercial driveway, rather than a local street. The applicant still has -- before you tonight also was a final plat that coincided with this concept plan as well. On the southern portion you can see that they are showing two commercial diveways to Pengrove Way, which is and will in the future possibly be a local street. So, per our ordinance those driveways meet our ordinance. They are required to provide local street access and they are providing that. And also in that -- in that same ordinance section it requires us to restrict access to Linder Road. However, it is up to the discretion of the Council to allow that access point. So, that's really the outstanding issue before you tonight is whether or not you want to allow that access to happen to Linder. I would inform Council that ACHD, when they acted on this application, they were in favor of the local street connectivity and now that they -the concept plan has changed and they are proposing commercial driveways, they are no longer in support of Meridian City Council February 23, 2010 Page 38 of 45 that access to Linder Road. They feel like the access has adequate circulation with the local road along the western boundary. I have received comments from the applicant. They are in agreement with the conditions of the DA provision and so as I mentioned, the only outstanding before you this -- outstanding issue before you this evening is, really, that access point to Linder and staff has also provided on this slide the DA provisions that we have recommended changes and, then, of course, some existing DA provisions. But we did add that DA provision and I apologize it's not numbers, but it's the last one at the bottom, that if you do grant that access that it be consistent with what they are showing on the concept plan. And that concludes my presentation. Staff is recommending approval. With that I will be happy to answer any questions you may have. De Weerd: Thank you, Bill. Council, any questions? Bird: I have none. Zaremba: I got lost in the access to Linder. Staff is recommending approval of the driveway access to Linder for the church; is that correct? Parsons: Madam Mayor, Members of the Council, staff is leaving it in your court to make that, based on ordinance. Staff feels like the church can adequately take access from the two driveways to Pengrove Way. Zaremba: And not from Linder. Parsons: And not from Linder. Zaremba: Okay. De Weerd: Anything further from Council? Zaremba: I would be inclined to agree that access to Linder probably isn't helpful by a driveway. Hoaglun: Madam Mayor, a question for Bill. ACHD was fine with Loretta Street as commercial development approved concept plan, but we go to one big lot, which would be a church, and they still need access to Linder Road, although they can also access -- just like the approved plan, the propose they want one access to Linder and that it also be an access to the street behind there and I'm just not sure I see the difference, other than the fact instead of six buildings to go to one and there is, actually, a little bit less usage, because you're more restrictive to time and I guess I'm thinking out loud, did they give a reason why that would change that you recall? Parsons: Madam Mayor, Council Member Hoaglun, we haven't received official comment from ACHD. I did receive an a-mail from Mindy Wallace at ACHD and she said that they would not be supportive of that curb cut as a driveway. We had this issue Meridian City Council February 23, 2010 Page 39 of 45 off -- with the church on Stoddard Road. I think ACHD had some policy in place that if you're going to do a commercial driveway they want some mechanism to have cross- connectivity like we do, we want cross-access, we want to limit access onto Linder Road, and I think in order for them to approve this access -- and I'm making assumptions here and I don't like to do that, but what I'm thinking -- from their policy standpoint is they would want that shared at the southern property boundary, so that property at some future date could have cross-access and shared access to Linder Road. That's how their policy is written. So, when it's a local street -- on the left-hand side that Loretta Street also aligns with the street across the -- across Linder. So, that made sense at that time from their standpoint. And also when staff looked at Loretta Street and that rezone and this concept plan in '07, we did not have that current access -- we didn't have that provision in the ordinance at that time. So, things have changed since the applicant's come through the city and now we have this provision. There is nothing -- I mean we can -- staff can only make a recommendation, but it's based on our ordinance. My understanding is in order to get this through ACRD they are going to have to go before their commission and ask for them to grant that. Zaremba: Madam Mayor? De Weerd: Yes. Zaremba: Can you back up the display to one that shows the properties around it? And I think you just mentioned one thing that would be my concern -- and I see what's happening. If you have a full intersection where you have a street on both sides, it makes more sense to people -- the people going up and down Linder understand that it's an intersection, because you can see that visually. I'm usually uncomfortable where a street ends with a driveway on the other side of it. That configuration to me asked for problems. If for somehow people just don't see the driveway, they don't expect vehicles to be coming in and out of it and I don't know whether that's just anecdotal or there really are more accidents in a place where there is a driveway opposite a street, but it does make me uncomfortable. A street would make sense, but I agree with not -- not liking the driveway there. Hoaglun: Question for Bill. De Weerd: Mr. Hoaglun. Hoaglun: And this might be more appropriate for the applicant, but will -- at that point Linder is still a two lane road and when it gets closer to the intersection it has a center turn lane. As this develops will that be a -- will they be providing ground for a center turn lane at that proposed driveway? Parsons: That's a good question. I don't have a specific answer for you. Maybe the applicant could shine some tight on that, since he's involved with the plat and ACHD on that. Meridian City Council February 23, 2010 Page 40 of 45 Hoaglun: Thank you. Canning: Madam Mayor, before the applicant comes up, with regard to Councilman Hoaglun's question about the street versus driveway, it's unfortunate ACHD isn't here, because we can guess all night as to what they might have been thinking. But their access policy is similar to our own -- has become more restricted in the recent years. So, it could have been in 2008 that they were working under different access policies at that time. Just another maybe that's what they were thinking to throw out there. De Weerd: Thank you. Okay. If there is no further questions for the staff, at this time I would ask the applicant to come forward. Thank you for waiting. Christensen: Oh, it was my pleasure. I played a lot of Solitaire. My name is Chuck Christensen. I am employed by Quadrant Consulting, whose address is 1904 West Overland Road. I'm here representing the owner Primeland Investments. We have reviewed the staff report and don't have any objections to any of the things outlined in the staff report. The access on Linder Road is important to the church. They would like to have access. We designed the curb cut on Linder Road, so there is an existing curb cut out there that meets the requirements of the Loretta Street entrance, which was designed. I don't remember what the turning configuration is in Linder Road just offhand, but it met whatever the highway district's requirements were at the time, which is why they approved the addition of the curb cut. When they widen Linder Road we put that curb cut in in anticipation of extending Loretta Street ultimately. We would encourage approval of the Linder Road access as has been mentioned. The traffic characteristics going onto the curb cut or what would have been Loretta Street are quite different and better for Linder Road. The church will have different traffic patterns. Most of their traffic will be off peak traffic, compared to six commercial buildings and the total volume will be less, actually. So, our approach at this point was to present this to the City Council, get your approval, and, then, go to ACHD and get theirs next. So, unless you have anymore questions, that's -- De Weerd: Council, any questions? Hoaglun: Madam Mayor. You answered my question about if it's going to be widened there. It does -- it's a five lane road to Copper Cloud, because, then, it's a right turn only as you're headed south and, then, it becomes two lane from there and so if you're going north at Copper Cloud, it splits out, so you have the two going north, two coming south and the center turn lane. So, I didn't know if they were going to bring that down and have a three lane with a center turn lane at that -- on Ustick there is a church between Linder and Ten Mile on the south side where they extended the entrance to Bridgetower down far enough that folks going into that church have access into Ustick and that kind of gives them protection of entering and exiting while they do that, because Ustick is heavily traveled, just like Linder Road, and since I live in that part of the area that it doesn't seem to be a problem with that center turn lane. So, that might be -- in my mind a solution to that if they are willing to allow that driveway there, so -- Meridian City Council February 23, 2010 Page 41 of 45 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I agree with having -- you won't have a right of way through there, you will have out of the parking lot both going west and east. I think you need a parking lot that size. You won't have an easement through there or public street through there, but at least you will be able to get on and get off. I agree with -- ACHD probably won't agree with us, but I agree we need that. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just a comment on Linder. If my memory serves me correct, at some point it will be a five lane road eventually all the way through Meridian, including an overpass. It's listed as a future major arterial. Bird: Yeah. De Weerd: Would you be adding a tum lane going into it? Christensen: At this point -- at this point, Madam Mayor and Members of the Council, it's in. So, the curb cut is in. It's approved. It's -- that's -- that's what we will leave exactly the way -- it's already approved and ACRD has approved it. The only thing that we are proposing is we are proposing an alteration of the uses of the beyond the curb cut that are better in terms of the traffic utilization of Linder Road, you know, it's going to stay there, it will operate the same way, access in and out of there is going to be exactly the same as it would have been with Loretta Street, it's just that there will be less traffic at the peak hours with the church, compared to what it would have been with six office buildings. De Weerd: Thank you. Christensen: Thank you. De Weerd: This is a public hearing. Is there any additional testimony on this item? Okay. Council, I don't see additional testimony. Any further comments from staff? Parsons: Madam Mayor, Members of the Council, you could always restrict that access to right-in, right-out or right-out only. It doesn't necessarily have to be full access. So, something to keep in mind as well. Hoaglun: And Bill -- Madam Mayor. Just to make certain, whatever we approve it is up to ACHD, they are going to be the final ones in terms of that access point; is that correct? Meridian City Council February 23, 2010 Page 42 of 45 Parsons: Councilman Hoaglun, that is correct. They will be acting on the plat and signing the plat. Hoaglun: Okay. Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that we close the public hearing on MDA 10-002. Bird: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move approval of MDA 10-002, including staff, Council, and public comments and to include access to Linder Road on the submitted concept plan. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Hearing none, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, absent; Zaremba, nay; Hoaglun, yea. De Weerd: And two for and one against. Motion carries. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. D. FP 10-001 Bridgetower Crossing Subdivision No. 15 by Primeland Investment Group, LLC Located at the Southwest Comer of N. Linder Road and W. McMillan Road: Request for Final Plat Approval for Six Commercial Building Lots and 1 Other Lot on 10.2 Acres in an L-O (Limited OfFice) Zoning District De Weerd: Okay. Item 9-D is FP 10-001. I would ask for staff comments on this item. Parsons: Madam Mayor, this is the final plat that coincides with the concept plan that you just acted on. I did receive confirmation from the applicant that they are in Meridian City Council February 23, 2010 Page 43 of 45 agreement with the conditions of the final plat, so no issues before you and with that I will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: I have none, Mayor. De Weerd: Okay. Hearing none -- Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we approve FP 10-001, the Bridgetower Crossing Subdivision 15. Hoaglun: Second. De Weerd: I have a motion and a second to approve this item. If there is no discussion, Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. E. Public Hearing TE 10-001 Ambercreek No. 2 by Trilogy Development Located at the Southwest Corner of W. McMillan Road and N. Meridian Road Request for approval of an 18- Month Time Extension to Obtain the City Engineer's Signature on the Final Plat for Ambercreek Subdivision No. 2 De Weerd: Okay. We move to Other Items. No. 10-A is an Executive Session per Idaho State Code. Do I have a motion to adjourn? Bird: We got 9-E we got to -- Zaremba: Continue Item B. De Weerd: Oh, I'm sorry. Bird: Madam Mayor? De Weerd: Yes, Mr. Bird. Bird: I move we continue TE 10-001 to March 23rd, 2010. Meridian City Council February 23, 2010 Page 44 of 45 Zaremba: Second. De Weerd: I have a motion and a second to continue this item to March 23rd. All those in favor say aye. All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Other Items A. Executive Session per Idaho State Code 67-2345(1) - (a) To Consider Hiring a Public Officer, Employee, Staff Member or Individual Agent, Not to Include Filling a Vacancy in an Elective Office, (e) To Consider Preliminary Negotiations Involving Matters of Trade or Commerce in Which the Governing Body is in Competition with Governing Bodies in Other States or Nations, (f) To Consider and Advise its Legal Representatives in Pending Litigation De Weerd: Okay. I'll need a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(a), (1)(e) and (1)(f). Hoaglun: Second. De Weerd: If there is no discussion, Madam Clerk, roll call. Roll-Call: Bird, yea; Rountree, absent; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: (9:05 p.m. to 9:56 p.m.) Hoaglun: Second. De Weerd: All those in favor say aye. All ayes motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council February 23, 2010 Page 45 of 45 De Weerd: What do you want? Watts: I had the amended one. I don't know if I had to enter it back in or whatever. Nary: No. Because we will do a resolution and, then, we will send it all out to the Council. Watts: I highlighted the changes, too, for you, Keith. Bird: What? Watts: I highlighted the changes -- those modifications we just made. De Weerd: Oh, you're nice. Good job. I would entertain a motion. Hoaglun: Madam Mayor, I move that we adjourn. Bird: Second. De Weerd: All those in favor? All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 9:57 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) f,, ~G~~ MAYOR T~ De WEERD ATTEST: 03 iii aolo DATE APPROVED .~ Q. -,, ,; o HOLMAN _~CI CL~I~ 'si yGC ~~o"' O ` ~i~/s9® ~`'T 1ST ' OP~°\```~~ i ~ ~~ Changes to the Agenda: ~ECErv~~ ~~ 13 2910 CI I'Y ®F a IDs, Item #9.B: Southridge Subdivision No. l (MFP-09-004) -Staff h~~~~ ®FF continuance of this item to the March 2nd hearing. Revised plans were not receive in a time to update the staff report for tonight's hearing. Item #9.E: Ambercreek Subdivision No. 2 (TE-10-001) -Applicant has requested continuation to the March 23rd hearing. Item #9.C: Bridgetower Crossing Office (MDA-10-002) Location: Southwest corner of McMillan Road and Meridian Road Application: Development Agreement Modification Summary of the Request: The applicant is requesting several changes to the development agreement (DA) recorded as instnx~nent #108059801. The request includes modifying the approved concept plan and amending several DA provisions so the southern portion of the site can develop with a church. The previous concept plan depicted twelve office pads and a public street connection to Linder Road for the southern portion. The applicant has submitted a new concept (Exhibit A.3) and has identified the southern portion for a future church site on one lot. The northern portion of the concept plan containing 6 buildings is proposed to remain as approved. The approved concept plan included access to Linder Road via a local street (Loretta Street). The applicant is proposing to replace the local street with a private driveway to Linder Road to serve the future church site. The proposed concept plan also depicts two other driveway connections to Penngrove Way, a future local street, which staff believes can adequately serve the future church site. The Ada County Highway District is not supportive of the proposed driveway to Linder Road but on the previous applications approved the Loretta Street connection to Linder Road. UDC 11-3A-3 prohibits direct access to arterials such as Linder Road unless waived by City Council. Applicant Provided Written Agreement with Conditions: Yes; applicant is in agreement with the conditions of the staff report. Staff Recommendation: Approval Outstanding Issues before Council: Access to Linder Road for the proposed church lot. Staff has recommended a DA provision that approves the access point as submitted on the concept plan if approved by Council. Notes: I~ Item #9.D: Bridgetower Crossing Subdivision No. 15 (FP-10-001) Outstanding Issues before Council: None Staff Recommendation: Approval; the final plat substantially complies with approved PP. Applicant Provided Written Agreement with Conditions: Yes; applicant is in agreement with the conditions of the staff report. • C • • March 23, 2010 ITEM NO. 5A REQUEST February 2, 2010 City Council Meeting Minutes MERIDIAN CITY COUNCIL MEETING APPLICANT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • • MERIDIAN CITY COUNCIL MEETING March 23, 2010 APPLICANT ITEM NO. SB REQUEST February 9, 2010 City Council Meeting Minutes AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. COMMENTS • • MERIDIAN CITY COUNCIL MEETING March 23, 2010 APPLICANT ITEM NO. SC REQUEST CDBG Subrecipient Agreement with Ada County Housing Authority in the Amount of $35,000.00 for Activities Approved in PY2009 Action Plan AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. SUBRECIPIENT AGREEMENT FOR USE OF PY09 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT is entered into this _ day of January, 2010, by and between the City of Meridian ("City"), a municipal corporation organized under the laws of the State of Idaho, and the Ada County Housing Authority, a public body corporate and politic established under the laws of the State of Idaho ("Subrecipient"}. - WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i.e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists families in obtaining decent, safe, and affordable housing solutions, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds in Subrecipient's programming during Program Year 2009; NOW, THEREFORE, it is agreed by the parties hereto as follows: L STATEMENT OF WORK A. Purpose. Subrecipient agrees that it shall use City's PY09 CDBG funds in the amount of thirty-five thousand dollars ($35,000) to provide direct homeownership assistance to help low/moderate income ("LMP') persons purchase homes. Specifically, Subrecipient will use CDBG funds to: 1. Subsidize mortgage principal amounts; 2. Pay any or all of the reasonable closing costs; 3. Pay up to 50% of the down payment required by the mortgagee. Subrecipient shall be responsible for administering its PY09 CDBG funds in a manner satisfactory to City and consistent with any and all standards required as a condition of providing these funds. B. National Objective. Subrecipient certifies that the activities cazried out under this agreement aze housing activities that will benefit low-and moderate-income persons, as defined in 24 CFR § 570.208(a)(3), by providing financial assistance to low-and moderate-income households to assist them in the purchase of a home. C. Levels of accomplishment. This project will provide direct homeownership assistance to LMI persons. In addition to the normal administrative services required as part of this Agreement, 5ubrecipient agrees to document and report on each and all of the following outcomes: 1. Number of households assisted and number of persons in each household; 2. Income level and ethnicity of persons provided housing; 3. Number of persons assisted who aze first-time homebuyers and the number thereof PY09 Sc1aRECIP~PC AGE - Ann Co[nv'rY HousnvG AuzxOR1TY PAGE 1 of 14 receiving housing counseling; 4. Number of persons receiving down payment assistance and/or closing costs; 5. Amount of funding received by each household. D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. E. Performance Monitoring. City will monitor the performance of Subrecipient against goals and performance standards required herein. Substandard performance as determined by City will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen (14) days after being notified by the City, Agreement suspension or termination procedures will be initiated. F. Time of Performance. Services of Subrecipient under this Agreement shall start on or before February 1, 2010 and shall be completed by December 31, 2010. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other assets, including program income. G. Progress Reports. Subrecipient shall submit a regular Progress Report with every draw request. ff Progress Reports aze delinquent, draw requests will sot be processed until the delinquency is cured. Progress Reports must contain information on outcome-based measurements as outlined in this Agreement. II. ADNIINISTRATItVE REQUIREMENTS A. Uniform administrative re uirements. Subreci ient shall com 1 with a livable uniform 4 P P Y PP administrative requirements, as described in 24 CFR § 570.506. B. Financial Management 1. Budget. Subrecipient agrees that it shall use City's PY09 CDBG funds in the amouat of thirty-five thousand dollars ($35,000) to provide direct homeownership assistance to LMI persons. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. PY09 Suslu=c~a~tz' Acx~N~vT - AnA CouNTY HousINO AUTHORITY PAGE 2 of 14 5. Subrecipient Orientation Workshop. 5ubrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until the Subrecipient attends this meeting. C. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (S) years after final disposition of such property. Tf, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. 3. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 4. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or 5ubrecipient's responsibilities under this PY09 SUBRECIPIENT AGREEMENT - ADA COUNTY HOUSING AUTHORITY PAGE 3 OF 14 Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 6. Claseau~ Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that the Subrecipient has control over CDBG funds, including program income. 7. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. D. Reporting and Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to 5ubrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by 5ubrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. PY09 StrBxsc~a:nrr AGRgE1MENT - ADA COUiv'rY HousINC Au~rxoRrrY PnoB 4 of 14 4. Draw requests. a. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed thirty five thousand dollars ($35,000.00). Drawdowns for the reimbursement of eligible expenses shall be made as expenses are incurred by 5ubrecipient and subsequent reimbursement requests are submitted by Subrecipient to City as described herein. b. As early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subr~ipient shall provide the address/location of the housing unit under consideration to City for floodplain and related environmental review. Failure to provide address/location of housing unit under consideration in advance of the anticipated close date may result in added expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. c. Subrecipient shall submit draw requests to City within two (2) weeks after each transaction. Draw requests shall include the following: 1) Draw Request Form 2) Progress Report 3) Beneficiary Income Eligibility Documentation 4) Transaction Detail, HIJD-1, and related summary information 5) Proof of Payment by Subrecipient 5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. E. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR § § 570.502 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National Objectives met for five (S) years. Pursuant to 24 CFR § 570.503(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. • PY09 S[THxac~D~rr AGx~r- ADA COON1'Y Housnvc AvrttoRrnr PAGE S OF 14 III. EMPLOYMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and the Executive Order 11246 as amended by Executive Order 11375 and 12086. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recrritment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally-assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subr~ipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. E. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). PY09 Suslu=crn~v~r AoREE~rrr - AnA Courrrsr Housnvo Av~rxoR~r Pno$ 6 of 14 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.200(j). F. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours and Safety 5tandazds Act; the Copeland "Anti-Kickback" Act (40 U.S.C. §§ 276x, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standazds insofaz as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under tliis Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. G. Section 3 of the Housing and Urban Development Act of 196$. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to sanctions. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: `The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awazded to business concerns that provide economic opporhznities for low and very low income persons residing in the metropolitan area in which the project is located." 3. Employment of low- and very-low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in wnnections with a housing PY09 SusR~a~srr AGREE~ivr -Ann Cotr~r HousnvG AttTxORiTY PAGE 7 of 14 rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects aze given to low and very-low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service azea of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low income participants in other HUD programs. H. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ $4.42 and 570.611m, which include, but are not limited to, the following. 1. Code of Conduct Subrecipient shall maintain a written code or standazds of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the awazd, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts a~ad nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who aze in a position to participate in adecision-making process or gain inside information with regazd to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) yeaz thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. I. Lobbying. 5ubrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; PY09 Susxacn'n.iv1' AGRE~N1' - ADn Co[nv'1'Y Housnvo Au1'sORrtY PAGE $ of 14 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standazd Form-LLL, "Disclosure Form to Report L.obbying," in accordance with its instructions; 3. Subrecipient will require that the following language of paragraph (d) of this certification be included in the awazd documents for all sub-awazds at all tiers (including subcontracts, sub- grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: `"This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certificadan shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofaz as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. §4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rehabilitation). 5ubrecipient shall allow enough time for City to conduct necessary review prior to anticipated transaction date by providing City with location/address of subject properties as early as practicable. C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall PY09 SusxEC~mv~r AcR~~nrr - ADn Co[rnrrx HOUSnvG AuTFtoxrrY PAGE 9 of 14 point out the hazazds of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement maybe conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 470) and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofaz as they apply to the performance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that aze fifty years or older or that aze included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Boise City/Ada County Housing Authority Attn: CDBG Program Administrator Attn: CDBG Grant Administrator 33 E. Broadway Avenue 1276 W. River Street Meridian, Idaho 83642 Boise, Idaho 83702 Either party may change its authorized representative and/or address for the purpose of this pazagraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement. C. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. 5ubrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. D. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, PY09 SusRSClpisrrr AGREEMENT - ADA CourrrY HouS>r1G AUTHORITY PALS 10 of 14 servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and atXorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by 5ubrecipient and/or 5ubrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/or destruction to tangible or intangible property. E. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. F. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. G. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. H. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and aze executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. I. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. PY09 SUBRECIPIENT AGREEIVlBV'1' - ADA CouNTY HousING AUTHORrrY PAGE 11 OF 14 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that aze incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided bylaw, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. d. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient from City under this Agreement maybe assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. K. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without tine prior written consent of City. 2. Monitoring. Subrecipient will monitor all subcontracted services on a regulaz basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct azeas of noncompliance. 3. Subcontract content. Subrecipient shall cause all provisions of ties Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. PY09 SusREC~ffiv'r ACsREEMENT - AnA COUNTY HOUSING Au~rxoRrrSr PAGE 12 of 14 4. Selection Process. 5ubrecipient shall undertake to insure that all subcontracts entered into in the performance of this Agreement shall be awazded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 5. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. L. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. M. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. O. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder maybe asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. P. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and 5ubrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Nutuuuy~~ A County Housing Authority ..~ `~ ~p'~aR p By: Deanna Watson, Executive Director ~,~~. l'~gL~G STATE OF IDAHO ) ss: ,,~hE OF l~ County of ~) +u+,.i~}+++' I HEREBY CERTIFY that on this ~ day of a 2010, before the undersigned, a Notary Public in the State of Idaho, personally appeared D Watson, known to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IlV WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and yeaz in this certificate first above written. PY09 SusxEC~~nrr AGRF.EIVIENT - ADA COUNTY HousING A[rrliORTPY PAGE 13 of 14 otary Public for o Residing at i ,Idaho 1vly Commission Expires: -~ -as-/ crrY: City of Meridian Attest: ~~~' ~ ~~., T~ ~. ~ s r' By: Tatum c Weerd, Mayor Jaye loran, City Clerl~ ~~ ~ op`~' q P. O nn~ • ice. ~6e~s,3e.sae~ °~~'•~os m " ~~ ~ e c d. ~ ~ lS ',~,. ~• i s ~ ~ s ~Y d~q~ ~ A • 61 • 's / ~ ~ s~ eer so sP ~~, 1. iii, ~ ~.. '~ee:csOO° a7° ws .e rt t a •, •t ~,.a `~; g i , ~, °'~4s~aereioi°~ • ,~, .. PY09 SvsRE~~nrr AGE' -Ana Covrrr~t Housnvc Av'rxoRrl7t Pna$14 of 14 • • • MERIDIAN CITY COUNCIL MEETING March 23, 2010 APPLICANT ITEM NO. SD REQUEST Change Order # 1 with Transportation and Civil Solutions, P.C. (Master Agreement dated 1 /31 /2007 for NW 4th Street Water Line Replacement Engineering Design Services for aNot-to-Exceed Amount of $5,240.00 AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Merldtan. ~~i~E IDIAN~- ~ Public IDAHO ~ork~s I)ep~rtxnex~t Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members ofthe City Council FROM: Clint Worthington, P.E. Staff Engineer DATE: 1/27/2010 SUBJECT: CHANGE ORDER #1 WITH TRANSPORTATION AND CIVII~ SOLUTIONS, P.C. (MASTER AGREEMENT DATED 1-312007}, FOR NW 4~ STREET WATER LINE REPLACEMENT ENGINEERING DESIGN SERVICES FOR A NOT TO EXCEED AMOUNT OF $5,240.00. (NEXT AVAILABLE CONSENT AGENDA) • I. RECOMMENDED ACTION A. Move to: l . A~prove change order # 1 with Transportation and Civil Solutions, P.C. for NW 4 St. water line repla¢emeut engineering design services for a not to exceed amount of $5,240.00. 2. Authorize the Mayor to sign the change order. II. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer (Project Manager} Kyle Radek, Asst. City Engineer Warren Stewart, PW Engineering Manager Tom Barry, Director of Public Works • 489-1349 489-1343 489-1350 489-1372 Psge 1 of 3 III, DESCRIPTION A. Back and The Public Works Department has budgeted for the replacement of aging water lines throughout the City. A replacement priority schedule has been completed based on pipe material, size and age. This project, NW 4 Street from Pine Street to Maple Avenue, is one of the highest priority projects and a task order with Transportation & Civil Solutions was approved on 10/20/2009 for design of the water tine replacement in the amount of $25,000. This change order, in the amount of $5,240, brings the total contract amount to $30,240. B. Change Order The original task order was created for water tine replacement design in 1tiiW 4`~ Street. After surveying the site, it was discovered that a portion of existing storm drain piping is intruding on the existing water line alignment and will interfere with its replacement. An agreement has been reached with ACIID to relocate this storm drain piping to its proper location which will a11ow the water line to be replaced in its existing alignmenrt. In this agreement, ACHD has accepted responsibility for payment of the storm drain relocation expenses excluding design and half of the costs of pavement replacement This change order is for additional design work required in order to eelocate the storm drain piping and coordination with ACRD. Also. included are expenses for additional potholing of adjacent water lines required to indentify connective piping. IV. IMPACT A. Strateeic Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Impact: Through potholing and record drawings, the water line in 1VW 4`" was found to be 4 inch asbestos cement pipe installed in the early 1970's. This project was identified as a priority based on age, undesirable pipe material and size which cause an increased risk of breaks and reduction in fire flows. The replacement of this pipe with 8 iach PVC will greatly increase fire flow and eliminate the risk of costly breakages while extending the life of City infrastructure. C. Fiscal Impacts: Consultant Agreement $25,000.00 Change Order 5 240.00 Final Costs $30,240.00 D. Prc-ject Funding Enterprise Fund for Water Lire Replacements $300,000.00 V. LIST OF ATTACHMENTS A. Contract Change Ord Form Approved for Council Agenda: Da Page Z of 2 CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 Change Order No.: 7 Project Number. 744 Date: 12/97/Z009 Eifeilive Date: CONTRACT CHANGE ORDER • • CONTRACTOR: Transportation 8a Clvll Solutions, P.C. PROJECT: NW 4th Stye®t Wat®r Lln® Replace+m®nt The Contractor is hereby dlrecbd to make the following changes hom the Contract Documents and Plans. Desclptlon: 1) Additional design time required for the relocation of ACHD storm drain p[ping 2) Additional expense for potholing water tlnetie-in locations and adjacent piping. 3) Reason for Change Order: Additional work requirai for the design of ACHD storm drain piping relocation as well as additional pothcling of tie-in locations and adjacent piping. Attachments: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contrail Price: $25,000.00 Original Contrail Completion Date: Ori final Contrail Completion Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. 0 to 0 $0.00 Contrail Price Prior to tits C.O.: Contrail Completion Date More ti1~a C.O.: $25,000.00 Net Increase (decrease) of this C.O.: Net Days Increase (decrease) of this C.O.: $5,240.00 Contrail Price with all Approved C.O.'s: Contrail Completion Dam with all Approved C.O.'s: $30,240.00 RECOMM ENDED: (CONSTRUCTION MANAGt:R) ACCEPTED (CONTRACTOR) / By: '~" ~ ~~ ~ By: ~ ~~ Date: / ~Z, $ /~ t1 Date: P ~~~G~ APPROVED: (CITY PURL ING A COUNCIL APPROVAL ,,,,,,,,,r„Ilrr,,,,, sy: icestll watts ~.~` `y OF ~j ~, ao~ ~ '''~.,~ `~ L Date: Z , Z Z r Z~ (~ `~~~ ~--` ~~~ APPROVED: S'~r By: Mayor Tammy d eerd - Ciiy~lerk, Jaycee Hoirrmn Date: a - a.3, - ~ p 9 ,~ ' < a, _a3 - I o ,,,,,, q ~ ~ ``,~, r~ MERIDIAN CITY COUNCIL MEETING March 23, 2010 APPLICANT ITEM NO. 5E REQUEST Change Order #2 to Original Contract dated 6/24/2009 with AME Electric for Antenna Reconfiguration at the Water Department as part of the PRV SCADA Install Project for Not-to-Exceed of $938.40 (Original Contract Price of $55,955.00) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: Date: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. Phone: ~~i~E IDIAN • Pl1bi1C ~DAFIO ~' ~iTorks Department TO: Mayor Tammy de Weerd Members of the City Council FROM; Clint S. Worthington, P.E. Staff Engineer DATE: 3/3/2010 Mayor Tammy de Weerd City Council Members: Keith eird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: CHANGE ORDER #2 TO THE ORIGINAL CONTRACT DATED JUNE 24, 2009 WITH AME ELECTRIC, INC. FOR ANTENNA RECONFIGURATION AT THE WATER DEPARTMENT AS PART OF THE PRV SCADA INSTALLATION PROJECT FOR A NOT TO EXCEED AMOUNT OF $938.40. (NEXT AVAILABLE CONSENT AGENDA) I. RECOMMENDED ACTION A. Move to: Approve change order #2 for a not to exceed amount of $938.40 for the PRV SCADA Installation project. 2. Authorize the Mayor to sign the change order. It. DEPARTMENT CONTACT PERSONS Clint Worthington, Staff Engineer (Project Manager) Kyle Radek, Asst. City Engineer Warren Stewart,. PW Engineering Manager Tom Barry, Director of Public Works • 489-0349 489-0343 489-0350 489-0372 Page I oj3 III. DESCRIPTION A. Background The original contract for this project was to install supervisory control and data acquisition (SCADA) controls in four pressure reducing valves (PRV) that were not originally equipped with SCADA. As part of the construction, a new series of radio was installed that would limit interference between other facilities throughout the City. In order for the SCADA system and these new radios to function properly, new equipment and antennas had to be installed at the Water Department base station. Well 27 and 28 will also be online in the next few months and will be equipped with the upgraded. radios, making their communication to the base station dependent on the installation of the new equipment and antennas. The. original contract with AME Electric was approved on 612412009 in the amount of $55,955. To date, there has been one other change order associated with the project. B. Chan eg Order This change order is for the reconfiguration of the antennas at the Water Department to maintain SCADA communications with existing infrastructure. • IV. IMPACT A. Strate ig c Impact: This project meets our mission requirements to indentify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery impact: SCADA controls allow the city to log and monitor information from both water and wastewater facilities throughout the City. The ability to receive this information at a centralized location is vital to emergency response, service interruption response, equipment maintenance and optimization, and future planning. C. Fiscal Impact: • PRV SCADA Installation Original Contract Price $55,955.00 Change OrderNo.1 +$8,079.00 Change Order No. 2 + 938.40 Final Project Costs $64,972.40 Page2of3 D. Project Funding Enterprise Fund for Water Line ExtensYOns $412,174.34 V. LIST OF ATTACHMENTS A. Contract Change Order Form Approved for Council Agenda: Z ~ o D Olt r ,Cl' ~ ~~i~i~ • • Page ~ of 3 • CITY OF MERIDIAN 33 EAST IDAHO MERIDIAN, ID 83642 Change Order No.: 2 Projeil Num~r. 767b Date: ?J3/2070 Effective Data: CONTRACT CHANGE ORDER • • CONTRACTOR: AME EI®ctrlc, Inc. PROJECT: PRV SCADA INSTALL The Contractor is hereby directed to maKe the following changes from the Contract Documerrta and Plans. Desciptlon: 9) Raonflguration of the SCADA communication antennas at the vua~r department 2) 3) 4) Reason for Change Order: The antennas at the water department needed to be reconfigured to maintain communicsttlons with existing irrirastruilure. Attachmer~: CHANGE IN CONTRACT PRICE: CHANGE IN CONTRACT TIMES: Original Contract Price: $55,955.00 Original Contrail Completion Date: Original Contrail Completion Days: Net changes form previous C.O.'s.: Net Days change form previous C.O.'s: No. 0 to 0 No. 0 to 0 $8,079.00 Contrail Price Prior to this C.O.: Contrail Completion Date before this C.O.: $64,034.00 Net Increase (decrease) of this C.O.: Net Days Increase (daxease) of this C.O.: $938.40 Contrail Price wfih all Approval C.O.'s: Contract Completion Date with aq Approved C.O.'s: $64,972.40 RECOMM/EN~D(ED~(cONSrRUCnoN h9ANAGER) ACCEPTED (CONTRACTOR) Date: $ ~~1 ~Z o / o Dabs: , APPROVED: (C17Y PURC GAG ``````~~„r-urrrrrr F ,,,.~` ,~-t ° By: Kenn watts / COUNCIL APPROVAL rri,~i vu~..~ ~.3 , 2„ 01 O q ~ , Date: ~ „ 22 - 2 o~p ~. C~' ~ ~~ J APPROV ATTE T E/~ ? ~ ~?,~ ~ / ~~ ~ in a y d a eerd ~ 0)r Mayor T B~ Clq~tc, Jaye Holman Date: ~ . a _ ~ O % -~ r ~s~ ~C ~~-~ - ~ o '~ eCUld4`~ ~ ~.~ ~~~~~~rrrnr n n+~~~~~~~~ P P 09-002 MERIDIAN CITY COUNCIL MEETING March 23, 2010 APPLICANT ITEM NO. SF REQUEST Findings - PP 09-002 Five Twelve by Church of Jesus Christ of Latter Day Saints • AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. r V' Phone: • AP 10-001 REQUEST Findings - AP 10-001 Pet Care Clinic by BRS Architects MERIDIAN CITY COUNCIL MEETING APPLICANT March 23, 2010 ITEM NO. SG AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MFP 09-003 MERIDIAN CITY COUNCIL MEETING March 23, 2010 APPLICANT ITEM NO. SH REQUEST Findings -MFP 09-003 Bienville Square Subdivision by Idaho Mutual Trust • • AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdlan. MERIDIAN CITY COUNCIL MEETING March 23, 2010 APPLICANT ITEM NO. 6A REQUEST Presentation and Information Brief on Idaho F-35 Mission • AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. • • MERIDIAN CITY COUNCIL MEETING March 23, 2010 APPLICANT ITEM NO. 6B REQUEST HPC -Request for City to Participate in Highway 16 Mitigation Plan AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. COMMENTS Phone: MEMORANDUM 4F AGREEMENT SUBMITTED TO THE ADVISORY COUNCIL ON HISTORIC PRESERVATION REGARDING 6350 Joplin Road - Historic Barn (01-16298 and 01-15299) Joplin Road Barn adJacent to 5560 Joplin Road -Historic Barn {01-15301) 8a 80 W. State Street -Historic Farmstead {01-15326) 570 Emmett Hwy N. -Historic Farmstead (01-19050} 771 Emmett Hwy N. - Historic Farmstead (01-21802} 4437 Ch®rry Lane -Historic Farmstead {CHE4437) 3235 N. McDermott Road - Historic Farmstead (MCDN3235) 5390 N. McD®rmott Road - Historic Farmstead {MCDN5390) 5595 N. McDermott Road -Historic House (MCDN5595) for Idaho 16,1-84 to Idaho 444 Environmental Study ITD Project # A009(963), Key # 99fi3 Ada and Canyon Counties, Idaho WHEREAS, the Federal Highway Administration (FHWA) and the Idaho Transportation Department {iTD) propose to construct the Preferred Alternative that will result in an encroachment upon the viewsheds of the above listed sites; WHEREAS, the above listed sites are eligible for the National Register of Historic Places and an encroachment upon their viewsheds constitutes an adverse effect; WHEREAS the Idaho State Historic Preservation Officer (SHPO) has been consulted pursuant to 36 CFR 813Q regulations implementing the National Historic Preservation Act (16 USC 470f) and has reviewed the proposed undertaking to consider feasible and prudent alternatives and means to minimize or satisfactorily mitigate the adverse effect; WHEREAS, the FHWA has requested the comments of the Advisory Council on Historic Preservation {Council) pursuant to the National Historic Preservation Act of 1966, as amended, and 1#'s implementing regulations; WHEREAS, the Ada County Historic Preservation Council (ACHPC), the Canyon County Historical Society (CCHS), the AAeridian Historic Preservation Cammissian (NHPC), and the Nampa Historic Preservation Commission (NHPC) have requested to be signatories to this document; NOW, THEREFORE, FHWA, ITD, ACHPC, CCHS, NHPC, NHPC, and the Idaho SHPO, agnae that the undertaking shall be implemented in accordance with the following stipulations in order to talcs into account the effect of the undertaking on historic properties. Idaho98,1-84 to Idaho 44 EnNrorrmBMal Study PROJECT tt A009(983), KE1'# 8983 • • .~ FEDERAL HIGHWAY ADMINISTRATION BY: (NameJTitle} IDAHO TRANSPORTATION DEPARTMENT BY: {NameiTltle) ADA COUNTY HISTORIC PRESERVATION COUNCIL BY: {Name/Title) CANYON COUNTY HISTORICAL SOCIETY BY: (Name/Title} MERIDIAN HISTORIC PRESERVATION COMMISSION BY: (Name/Title} NAMPA HISTORIC PRESERVATION COMMISSION BY: {NamelTitle) IDAHO STATE HISTORIC PRESERVATION OFFICER BY: (Name/Title) ldaho9s,1-84 to Idaho 44 Fr~rJronmental Study ~orECr#aoostsss). xer#sssa (Date) (Date) (Date) (Date) (Date) (Date) {Date} • DETERMINATION OF ADVERSE EFFECT for nine historic farmsteads (~) 6350 Joplin Road, (2) Joplin Road Barn adjacent to 5560 Joplin Road, (3) 81801N. State Street, (4) 570 Emm®tt Highway N., {5) 777 Emmett Hwy N., {6) 4437 Cherry Lane, (7) 3235 N. •McDeromott Road, (8) 5390 N. McDermott Road, and (9) 5595 N. McDermott Road Idaho 16, I-84 #o Idaho 44 Environm®ntal Study ITD Project # AOIJ9(963), Key # 9863 Ada and Canyon Counties, Idaho This documentation is prepared in accordance with the Advisory Council on Historic Preservation regulations, Section 800.11{e), which stipulates the inclusion of the following items: 1. A description of the undertaking, specifying the Faders! involvement, and Its area of potential effects {APE), Including photographs, maps and drawings, as necessary. The Idaho State Highway 16 (SH-16}, Inters#ate 84 (I-&4) to Idaho State Highway 44 {SH-44) Environmental Study is sponsored by the Idaho Transportation Department (ITD) in conjunction with the Federal Highway Administration (FHWA), both designated as Lead Agencies. The U.S. Army Corp of Engineers (USAGE} isserving as a Cooperating Agency. Provision of Federal funds for the acquisition of right-of-way (ROV1!} and the constYVCtion of SH-16 constitutes a Federal undertaktng that prompts the implementation of Section 106 under the National Historic • Preservation Act of 1966 (NHPA). ITD and FHWA are preparing Draft and Final Environmental Impact Statements (DEIS and FEIS, respectively) in acxordance with the National Environmental Policy Act of 1969 (NEPA). The corridor for the proposed highway extension project is situated approximately 14 miles west of downtown Boise, Idaho, and extends north-south through approximately 6.5 miles of mostly rural and residential land in the Treasure Valley region of Idaho. The southern end of the project corridor begins at I-84, between milepost (MP} 39 and MP 41, near the Ada County and Canyon County line. Extending north, the corridor is located generally betty®en Star Road (Nampa) and Black Cat Road (Meridian), crossing the Boise River south and east of Star. The northernmost terminus is near the junction of SH-44 and existing SH-16. At present, SH-16 begins at SH-44 (State Street) and terminates 14 miles to the north at SH-52 (S. Washington Avenue) in Emmett (Gem County). See Exhibit 1 for project location map. Modified Alternatfire 2D This route begins at I-84, with the junction located approximately 1,500 feet west of existing McDermott Road. The 30Q-foot-wide corridor runs roughly parallei to McDermott Road north to Cheny Lane. Beyond Cherry Lane, the corridor moves easterly towards a new interchange at Ustick Road located approximately 500 feet west of McDermott Road. From Ustidc Road, the proposed roadway runs along the western boundary of the existing McDermott Road right-of- way to a new interchange at US 20/26. The corridor then moves in a northeasterly direction over the Boise River and towards the existing intersection of SH-16 and SH-44. For historic property identification purposes, the project APE was defined by the proposed alternative, interchanges, and IocaUtrontage road locations. The direct, indirect, and cumulative impacts to these cultural resources, within or adjacent to the project boundaries, are identified on the attached exhibit maps. • DocwneMetion for F'inding of Adverse Effect Page 2 6350 Joplin Road, Joplin Road Bam adjacent to 5580 Joplin Road, 8180 W. State Street, 570 Emmett Highway N., 771 Emmett Nary N., 4437 Cherry Lane, 3235 N. McDermott Road, 5390 N. McDermott Road, and 5585 N. McDermott Road Idaho 18, I-84 to Idaho 44 Envlranmental Study, Project # A009{983), Key #9963 The• linear north-south APE of Modred Alternative 2D is broken into two segments by the presence of the broad east to-west trending Boise River channel, designated as the proposed Central Crossing identified in the alternative. • South Segment The direct impact area south of the Boise River channel is centered along the McDermott Road corridor and the intersecting arterials of Franklin Road, Cherry Lane, Ustick, and McMillan roads, and US 20/26JChinden Boulevard. Moving north across US 20!26, the direct impact area continues, including land along Pollard Road north of US 20/28 to Joplin Road, then north across mostly roadless Boise fioodplain randy acreage to the west bank of the Boise River channel. North Segment. Exiting at the north side of the broad Boise River channel, the alternative is a proposed alignment that trends northeast acxoss roadless ranch land and residential properties to intersect SH-441SH-16 near Moon Valley Road. Proposed improvements to SH-16 would occur at this northern terminus of the project. 2. A description of ~e steps taken to id®ntify historic properties. Historical survey of Modified Alternative ZD lying 1,500 feet west of McDermott Road, was conducted on the south segment's north to-south corridor. All alternatives' east-to-west proposed interchange nodes and ramps were examined. Architectural survey included all structural properties that abut McDermott Road, State Street, Chinden Boulevard, McMillan Road, Ustidc Road, Cheny Lane, Franklin Road, and associated roads. In addition, architectural survey also included sedtons of Pollard, Joplin, Moon Valley, SH-16 (also known as the Emmett Highway) that are within the project APE. For the purposes of this project, the buildings were documented if they were 45 years of age or older. Therefore, 1963 was the cutoff date for architectural recordation. Records of the Ada and Canyon County assessors were used to develop an initial list of properties. _ Archaeological survey was conducted at the reconnaissance level for acreage with no Right of Entry (ROE) permission or when obscured by impediments. Intensive lave! survey was conducted for acreage with ROE permission where 30 to 40-meter pedestrian transacts across disked fields and short-grass pasture lands on the Boise River fioodplain were made. Unear features--canals, laterals, and their principle .drains were observed from public roadways and, if possible, from private property during field surveys. Canal jurisdictions post "No Trespassing° signs on maintenance roads. Gates were locked after the first week in April as water was let into systems. Canal staff stated that the character of the alignments remains the same throughout their lengths and that they are irregular and vegetated to control erosion fiow-an historic management practice. Alignments undergo periodic deaning, dn;dging, and main#enance along the interiors and on the spoil banks. Hence, intensive observation at readily accessible locations seared as snapshot views instead of intensive pedestrian surveys along entire alignments across the project. • Doaunentation for Finding ofAdverae Effect Page 3 6350 Joplin Road, Joplin Road Bam adjacent to 5560 Joplin Road, 8180 W. State Stn3et, 570 Emmet Fllghway N., 771 Emmett Nwy N., 4437 Cherry lane, 3235 N. McDermott Road, 5390 N. McDermott Road, and 5585 N. McDermott Road Idaho 18, I-84 to Idaho 44 Environmental Study, Project # A009(963), Key #9963 3. A descrlptlon• of the affected historic properties, including infonnatlon on the characteristics that qualify them for the National Register. Nine sites determined Eligible for listing in the National Register of Historic Places will be adversely affected by proposed project actions. Those sites are described below: 01-15298 and 01-16299 (6350 Joplin Road) -See Photo 1 This site is located in a rural section of Ada County below the Phyllis Canal. Although the properties were historically separate farms, they are now part of one property owned by a lot~l farmer. This site consists of seven features (the historic main house, historic tenant house, historic bam, two non-historic metal outbuildings, anon-historic garage, and the non-historic pump house). The Ada County Assessor's office indicates a construction date of circa 1$90 for the house. It appears that the house was originally agab~e-front and wing, a typical house style of the time. The house has undergone extensive alterations in the form of additions, new windows and new siding. The tenant. house, pump house and outbuildings have diminished integrity due to alterations. The historic bam retains original materials, design, and workmanship. It is an example of a bam, typical in the 1890s-1910s bam style with a steeply pitched roof extending down to low walls. The bam has been a~ered with an addition on the west elevation, but the alterations appear to fit the historic timetable. The historic house, tenant house and four modem outbuildings are non-contributing features of the farmstead. The remaining historic feature, the bam, retains a high degree of Integrity, but Is In poor condition. Because of the alterations to the house and the number of non-contributing buildings, the farmstead is not eligible to the NRHP. The bam, although in poor condition, retains integrity of location, design, setting, materials, workmanship, feeling, and association. It is individually eligible to the NRHP under Criterion C as an example of an early Ada County bam. 01-16301 (Joplin Road Barn adjacent to 6660 Joplin Road) -See Photo 2 This site, a historic bam, is located in a rural section of Ada County, below the Phyllis Canal. A gravel road leading to the site parallels the north side of the canal. The bam is located down a dirt road that branches ofF the main road. This site was previously surveyed in 1989 and 1999. The site was revisited in 2008 and it was noted that none of the buildings from the previous surveys remain. Although no buildings remain to indicate that this was a farmstead, this building is one of a few remaining examples of a Gothic Arch bam. This bam style was popular during the late 19th century and eariy 20th century. Improved truss and rafter systems allowed farmers to build hams that had a tall, clear span second story for hay storage. The 1999 Ada County Farmstead survey report noted that the Idaho Farmer magazine indicated that this style of bam was popular In Ada County around 1916. There are few remaining barns constructed in this style in Ada County. This building retains its integrity of location, design, setting, materials, workmanship, and feeling. It is eligible to the NRHP under Criterion C as an example of the Gothic Arch Bam. 01-16328 {8180 W. State Street) -See Photo 3 This site consists of a historic house, a modem pump house, a historic shed, a modem outbuilding, and a modem shed. The house was built In 1910, and it is assumed the historic shed was also bulk circa 1910. This historic house on site maintains its integrity of design, Documentation for Finding of Adverse Eifed 8350 Joplin Road, Joplin Road t3am adjacent to 5580 Joplin Road, 8180 Street, 570 Emmett Highway N., 771 Emmett Hwy N., 4437 Cherry Lane, 3235 N. McDermott Road, 5390 N. McDermott Road, and 5595 N. McDermott Road Idaho 18, I-84 to Idaho 44 Envlronmer-tal Study, Project # A009(863), Key #9983 materials, workmanship, location and feeling. This site is eligible for listing in the National Register of Historic Places under Criterion A for its association with the settlement history of Star and Criterion C because it embodies distinctive characteristics of the settlement period and methods of construction during that time. 01-19060 (570 Emmett Highway N.) -See Photo 4 . The Mossman Farmstead is looted on the east side of Idaho 16 north of the Liberty Grange Hall. The farmstead encompasses 18 historic features, including the house, garage, pump house, two calf hams, two granaries, ham, silo, hay cover, loafing shed, and five sheds, as well as tavo non-historic featur®s, a temporary parking cover and a modem shed. With the exception of the house, the historic buildings on this small farmstead have retained integrity of design, materials, workmanship, and feeling, and contribute to ks sign~cance. It is eligible to the NRHP under Criterion C (architecture} as an intact example of a vernacular farmstead of the mid-20th Century. 01-21802 (771 Emmelt Hwy N.) -See Photo 5 This farmstead is located on the west side of Idaho 16 near the project's terminus. The farmstead consists of ten historic features (house, garage milking shed, three granaries, three hams, and one shed). This property was originally recorded in 2002 by Laurie Mouser and determined to be eligible to the NRHP. A review and comparison of the form and information from 2002 with the property as it appears in 2008 indicates that it remains unchanged. The site was recorded to include a map with the site boundaries clearly marked. With the exception of the main house, which is non-contributing, this site retains integrity of location, design, setting, workmanship, materials, association and feeling. It is eligible to the NRHP under Criterion A for its association with the early settlement of Ada County and under Criterion C as a fine example of an early 20th-centuryfarm/ranching operation. CHE4L37 (4437 Cherry Lane) -See Photo 6 _ This site is located on the south side of Cheny Lane in an area that is transitioning from rural to suburban. The property is a farmstead and has twelve historic features including a house, garage, nine outbuildings, and a root cellar. Although the buildings of this farmstead are in poor condition, there have been few, if any, afteratlons to the buildings. [t has retained its integrity of materials, workmanship and feeling and is eligible to the National Register of Historic Places under Criterion C as an example of an early 20th-century small farmstead. MCDN3235 (3235 N. NlcDenmott Road) -See Photo 7 This farmstead is located on the west side of McDermott Road at its intersection with Ustick Road. It consists of eight historic features (house, ham, dairy parior, loafing shed, animal ham, garage, machine shed, and outhouse) The house has been altered with the addition of metal siding, metal windows and a rear add~ion. The farm structures, consisting of the ham, dairy parlor, loafing shed, animal ham, machine shed, and outhouse, have not been altered or modified with new materials. The garage had been altered with overhead metal doors. Although the house has been extensively aRered and no longer contributes to the format®ad, the garage and the remaining farm structures retain their integrity of location, design, setting, materials, workmanship, and feeling. They contribute to the feeling of a circa-1930 dairy farm. The property is eligible far the National Register of Historic Places under Criterion A for its association to the settlement history of Ada County and Criterion C because it embodies • Documentation for Finding of Adven3e Effect P~85 8350 Joplin Road, Joplin Road Barn adjacent to 5580 Joplin Road, 8180 w. State Street, 570 Emmett Highway N., 771 Emmett Hwy N., 4437 ChBrry I~ne, 3235 N. McDermott Road, 5390 N. McDermott Road, and 5595 N. McDermott Road ' Idaho 18, I.84 to Idaho 44 Environmental Study, Projet~ # A009(983), Ivey # 8583 distinctive characteristics of the settlement period methods of construction during that time. MCDNS390 {5390 N. McDermott Road) -See Photo 8 This farmstead is located on the east side of N. McDermott Road midway befinresn McMillan Road and Chinden Road. It consists of #en historic features including the house, two sheds, a garage, a machine shed, a granary, an equipment shed, a bunker silo, a dairy parlor, and a dog house. it appears that the farm buildings are no longer used to full capacity, but the structures remain in#act in form and still convey the sense and feel of the histatlc farmstead. The house and farm structures contribute to the farmstead's integrity of location, design, setting, workmanship, materials, association, and feeling. This property is an excellent example of a dairy farm from the late 1840s and 1950s and is eligible to the National Register of Historic Places under Criterion C as an example of an early 20th-century small farmstead. MCDNI5598 {5595 N. McDermott Road) -See Photo 9 This site consists of two features, the historic house and a modem bam. Accx~rding to the home owner, the house, which was constructed circa 1905, was moved to this site from an adjacent parcel in 2006. Although the house was moved to the site, there have been few, if any, alterations to the building. It has retained ~s integrity of materials, workmanship and feeling and is individually eligible to the National Register of Historic Places under Criterion C as an • example of an early 20th-century house. The site boundaries for the site encompass only the house - no additional land, including the bam, is included in the site boundary. 4. A descripiton of the undertaking's effects on historic properttles. The proposed project will adversely impact historic properties as detailed below. 01-15298 and 01-15299 (5350 Joplin Road) -See F~chibit 5 Proposed project plans include an overpass, which would be constructed approximately 1/4 mile east of the barn. The construction of the overpass would introduce a visual element to the landscape and an intrusion into the rural setting. Construction of the overpass would alter the existing location and diminish the integrity of feeling, and Is an adverse effect to this NRHP- eligible property. 01-18309 (Joplin Road Barn adjacent to 5560 Joplin Road) -See Exhibit 5 Proposed project plans include an overpass, which would be constructed approximately 1/4 mile west of the bam. The construction of the overpass would introduce a visual element to the landscape and an intrusion into the rural setting. Constrution of the overpass would alter the existing location and diminish the integrity of feeling, and is an adverse effect to this NRHP- eligible property. 01-15326 (8180 W. State Street) -See Exhibit 6 While the project would not displace the farmstead with construction of the SH-16/SH-~4 Interchange, the resulting construction of a large, elevated structure and associated retaining walls, as wail as the relocation of access roads, etc. would compromise the integrity of the farmstead's location and diminish the integrity of feeling, and be an adverse effect to this NRHP- eligible property. Documentation for Flnding of Adverse Eifeot Page 6 6350 JopOn Road, Joplin Road Bam adjacent to 5560 Joplin Road, 8180 W. State Stn3et, 570 Emmett Highway N., 771 Emmett Hart' N., 4437 Cherry Lane, 3235 N. McDermott Road, 5390 N. McDermott Road, and 5595 N. McBennott Road Idaho 16, I-84 to Idaho 44 Environmental Study, Project ~ A009(963), Key ~ 9983 01-1.9050 {670 Emm®tt Hwy N.} -See Exhibit 8 Though no structures would be demolished, widening SH-16 would directly affect this farmstead by bringing the road closer to the buildings, thus compromising an important characteristic of the farmstead complex; the setting. This is an adverse effect to this NRHP-eligible property. 01-21$02 (771 Emm®tt Hwy N.) -See Exhibit 6 Widening of SH-16 would directly affect this farmstead, and w~h the resulting construction of associated retaining wails, as well as the relocation of access roads, etc., would compromise the Integrity of the farmstead's location and diminish the integrity of feeling, and be an adverse effect to this NRHP-eligible property. CHE4437 {4437 Cherry Lane) -See Exhibit 2 The project would impact this site due to construction of the Cherry Lane overpass and related road widening. This construction would directly affect the farmstead by bringing the road closer to the buildings, thus compromising the setting, an important characteristic of the farmstead complex. This is an adverse effect to this NRHP-eligible property. MCDN3235 (3235 N, McD®rmott Road] -See Exhibit 3 While the project would not displace the farmstead with construction of the Ustic~c Road interchange, the resulting cons#ruction of a large, elevated structure and associated ~ retaining • walls would compromise the integrity of the farmstead's lot~tion and diminish the integrity of feeling, and be an adverse effect to this NRHP-eligible property. MCDN6380 {5380 N. McDermott Road) -See Exhibit 4 Though no structures would be demolished, constructing a new alignment of SH-16 in this previously undeveloped, rural setting would directly affect this farmstead by constructing a large freeway near the site, thus compromising an important characteristic of the farmstead complex; the setting.. This is an adverse effect to this NRHP-eligible property. . MCDN5585 (5585 N. McDermott Road) -See Exhibit 4 Though no structures would be demolished, constructing a new alignment of SH-16 in this previously undeveloped, rural setting would directly affect this farmstead by constructing a large freeway near the ske, thus compromising an important characteristic of the farmstead complex; the setting. This is an adverse effect to this NRHP~ligible property. 5. An explanation of why the criteria of adverse effect were found applicable or Inapplicable, including any conditions or future actions to avoid, minimiae, or mitigate adv®rse ®ffects. In accordance with Section 800.5 of the Advisory Council regulations, FHWA and ITD have applied the criteria of adverse effect, determining that the project will have an adverse effect on the sites listed above for the reasons listed above. Project actions will adversely affect the characteristics that make these historic properties eligible for inclusion on the NRHP C~ Documentation for Finding oFAdven;e Eta 6350 Joplin Road, Joplin Road Bam adjacent to 5560 Japgn Road, 8180 w~S'tate Street, 570 Emmett Highway N., 771 Emmett Hwy N., 4437 Cherry Lane, 3235 N. McDermott Road, 5390 N. McDermott Road, and 5595 N. Mc~rmott Road Idaho 16, I-84 to Idaho 44 Environmental Study, Project ~ A009(963}, Key ~ 9983 To mitigate adverse effects to these sites, a Memorandum of Agreement (MOA) will be developed. Prior to the proposed project implementation and impacts to the historic properties, the ITD will complete the mitigation designed and formatted in consultation with the SHPO. This mitigation shall be submitted to SHPO for approval and acceptance. Copies of this documentation shall ba made available to the SHPO and appropriate local archives designated by the SHPO, as well as the national archives stipulated by the NPS if needed. 6. Copies or summaries of any vllews provided by consulting parlfies and th® public. ITD, SHPO, and FHWA have been working together on this project. No other consu~ing parties or members of the public have shown interest in the project, although invitations to participate have been extended to various groups. • • Location ~~ Map + ~ J C~ _- ~. ~ ~ - Project " I ' -- Location 4: ` ,~ I ~ ~ r - i~ _ _ -=y , Fl~~ating Feather Rd - I t t t ,t ~~ _ - ~; ~ t t ~ i,,~ , .fin ~ ~ ~ ~ • 1 ~ ' ~ -- ~ I ~ ~ ` ~ - -_ ~ '~;n~ . • q~`~ a 1 1 s 1 t -f ~ yy ~ ~ - 20 26 r 8 ~ t; i ~8 ~ ,. - ~~ . < _ t McMillan Rd ~ ~ F .~ - b .... 4 Q s ~' ~ a~ ui ~ ~ m F- ~. U Usticit Rd ~~ L ~~ . ~( ,~, , '~,~ ~..y .~ ~~~~n~ yes ~ ~ ~~t~~ ~ ~;, I w "R . • i . ~~ l y~• j ~, ; Cherry Ln ~ ~1~~a~~a q ~ ~ ?~~- E k~ ...__.-- -~ -- ._ .. e } ~ . - _ _._.__. ~ ;~ T ,~ y~.,~. . :. .2` ~ ~:~ - - ~ ~- ~,`~~' '~, Frankli. :d .. „ -'"`'` ~;~ ~..~} ~~ I G I ~ F~ ~ Overfana hrs. ~--, -.,,,~ : . ---~-, ~ ~ o ~ ~ ~~~ r ~~ ~ ~ LEGEND EXHIBfT~ OCounty Line Parcels ^ National Register Eligible Properties State Highways City Limks North Adversely Affected Roadways ~ Area of Potential Effect (APE) o ~n ~ Idaho 18, ! 84 to Idaho 44 Environmental Study tr Railroads ^ Eligible Sites/Structures i i i i i ProJectNo. A009(963J; Key No. 09983 ~~ Boise River The Preferred Alternative ROW ~a°ximate scale in miles iB0320oeW4e01 Fx7.24_9eop_Wwmea4radedByNsW~r13.d • • • ,~ } t ~ ~ .. Y ..~~ ,~ ~..T~"ti` ~ ~r "'~, ~ ~ ~"^..yg.t mss- ;:.~ r;? -~.. +SrM-. a ,. ~.x ~ ~'F:+w- .,,.~`_ 3" - ...'.~':~_ ':,.. _ .,''.a x., ~ n....A 'rs ,x „w$,}++ . ,5 I i.' $ .w f ~ a.i r F a ~ ~ ~ ~ ~ ,h K w n - ~>~,r i ~' 9 d~ s~ a ~1t„a,~~^ t o 3, ,„ n ,~!, ~' r°z,+ k ,~ X m ""* ~.91a ~ e `° ~~ '~',,~ SP's '~,~ Y t ., ~ ,0. ~ Y ~ r ~ ~- k~ V r~j• - ~ ~ i ! u y f~ .. ~1 ..r X:; ,(L It r`~f ~ h''t !l A Yil ` "~' ' ( M- Vk 1yy -Y LEGEND The Preferred Alternative Edge of Pavement Eligible Resource Structure EXHIBIT 2 Eligible Resource Site Boundary ~ The Preferred Alternative I - The Preferred Alternative and North Adverse EtlTects to CHE4437 I. ~ _ _ J Alternatives 1 B, 2, 2D, and 3G ROW D ~ 1w s~ Idaho 16,1-84 to Idaho 44 Environments! Study ,`', `~'~ Existing ROW Appro>umela ~a „, real Project No. A009(963J; Key No. 09963 TB03200lOD2Hq Ex7d1_ReMkWA1B,2$D,3GraidCH36337y1D.u • • • ' ~ ~ iJ ~ ~ ` - ~ ~ bA ~° ~. X8032008002801 BO-23prWNtAw«~inMCDN7C~_vi2i • • • :~~ ' ~: ~~ 1 P / ~~~ ~ %t r:...~ '/ ~ - r 1~~ _~. eye,.„ ~~~ ~ .~ ~~ :~ tlt~~~`E -'1 XW~»y„~ ',qiN^.: ~'" = ;.E, 1, f a~ Yf.' I. ee e i _ ~ ~ ,, ~:- }ir ~~ f'f'' ~a idr ! ~~; ~ ~ ''~ r~ #bCg P;~1M tx3 , c t ~ ~ " ~` ~ ` „ '~ ' 7 ~~ ~ ~~ ~ ~ ~ ~~ E; ~ ~ ~ -,' , ~l~ ~ t ,d4 iiB ~ ~( ~'s ~ ~4 r ~",~S+I~ ` ' ~ 3 ±c ~ ', ~ il1t 111 `.=./1~ 31 d ~a.;i ~~, ,~~- =,d'i ~a ~ ~~ ~,• jt~ ~. r ~ ~ ~~~ ~ ~ : x~ V ,:. ' ~, e_ ~, ~~~ ~4 ax, e(' di it - ~ ;-. ~ 1 ~` w pi ~r ~ ~ _ _ a l ~ ~ ;. ~~er k rt"° , ~_.. :~ ~~ _ _ ~~ LEGEND - The PreferredAltemative Edge of Pavement Eligible Resource Structures EXHIBff 4 Eligible Resource Site Boundary ^ The Preferred Alternative Adverse Effects - Nortft to MCDN5390 and MCDN5595 ~ The Preferred Altemative ROW o z5o eoo ~ o0o Idaho 16,1-84 to Idaho 44 Environmental Study Existing ROW ~ ~ Approximate scalp in feet) ' Project No. A009(963); Key No. t?9963 remezootaoseoi Ezzae~~ewt AraiaanoeMCaauot~sce5 ve.r ~& T ; - ~ i ,r F b } wpP ~ " l • q _ .y ,y~,y~~y,.5 I A a ~ r „ ~J -9 ti^~ t•i~. ih~ 1 ~ ~ m y~ ~wT. y t_ n. ~ t~ `f 5 ~ '~ ~ S ~,~ ~ • • • .,. " ~ f .~. :r; , ~ "a~ ~, ~ _ r - ~ , ~ r ~ i~~,~` ~ ~h'T ' ~ ~ G~~. ~~~ 1 ~ { fJ ~ f ~ .e~, 6 ~ ri '~ w y ~ ' ~~ ~ < '- ~ i F n I ~4 k ~'~^J "`i 4 V+ 'h~ i ~ 4'r~ yY~?~ a~{ ~Y,` u 1~4, y ~ t i A " ~ , f iv...~ f Y r ~ .. \ ~ ,~ s { R '~'.~ ~3•./ • ff~t 4V4i1 a~a.` i r ~- ~~ i .L~ ~1. ~_ ral4crp,,l~.~Ja.:~, f ~~.~ y ~ ~ 4 ~'~. NXip~ ~ ~ yy . r , la"?Jy'~y,.,~,~,':w y.+~_ _' j. p:A A ~ ~K i f r~i'~if'g v I i 1~L ~~~1~Yy~~ ~'R~+~n +_ ~~~~a~ ~ p. ~ ..; ~ .. KN ~ : ~r~ v... °F~ w F~ _, :. ~ ~ P iF 1 ~,~ ~~ ~J~~U,,~ ~,a~ • • Project Number: A009(963), Key Number: 9963 Idaho 16, I-84 to Idaho 44 Environmental Study Photo 2 -Overview of 01-15301 (Joplin Road Bam adjacent to 5560 Joplin Road) Photo 1 -Overview of 01-15298 and 01-15299 (6350 Joplin Road) • Project Number: A009(963), Key Number: 9963 Idaho 16, I-84 to Idaho 44 Environmental Study • U Photo 3 -Overview of 01-15326 (8180 W. State Street} Photo 4 -Overview of 01-19050 {570 Emmett Hwy N.) Project Number: A009(963), Key Number: 9963 laaho '16, I-t34 to Idaho 44 environmental Study _r `yy-,,`,, U Photo 5 -Overview of 01-21802 (771 Emmett Hwy N.) y~~~~. C Photo 6 -Overview of CHE4437 (4437 Cherry Lane) • • • Project Number: A009(963), Key Number: 9963 Idaho 16, 1-84 to Idaho 44 Environmental Study f~ ~ ,~ ~'. t: z- .A;, ~.: SAT ~~ tP~. '+~' im'~'.rt shu ^~~ ~'f _ L `- rot ,~"" ~ „lyR '7" ~!"" t'~,,. ~,.„f ~k,~ m ~3 ~ ' s a "r~'{4~y~. . " ... Y tom.. ~1; 4`r.}j~~'.r.;J41~ Y' st Y~_. Photo 7 -Overview of MCDN3235 (3235 N. McDermott Road) Photo $ -Overview of MCDN5390 (5390 N. McDermott Road) Project Number: A009(963), Key Number: 9963 Idaho 16, I-84 to Idaho 44 Environmental Study • Photo 9 -Overview of MCDN5595 (5595 N. McDermott Road) • March 23, 2010 ITEM NO. 7/~1 REQUEST Mayor's Youth Advisory Council Update MERIDIAN CITY COUNCIL MEETING APPLICANT AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Mertdlan. MERIDIAN CITY COUNCIL MEETING March 23, 2010 APPLICANT ITEM NO. 7B REQUEST Finance Department: 2009 Annual Financial Audit Report AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: / CITY SEWER DEPT: J CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: M t i l t d t bli Staff Initials: ti h ll b rt f th Cff f M idi a er a s presen e a pu c mee ngs s a ecome prope y o e y o er an. FINANCIAL STATEMENTS SEPTEMBER 30, 2009 CITY OF MERIDIAN, IDAHO www.eidebailly.com CITY OF MERIDIAN, IDAHO Table of Contents PaEe INDEPENDENT AUDITORS' REPORT MANAGEMENT'S DISCUSSION AND ANALYSIS FINANCIAL SECTION BASIC FINANCIAL STATEMENTS Government-wide Financial Statements: Statement of Net Assets 25 Statement of Activities 27 Fund Financial Statements: Balance Sheet -Governmental Funds 29 Reconciliation of the Balance Sheet of Governmental Funds to the Statement of Net Assets 30 Statement of Revenues, Expenditures, and Changes in Fund Balances - Governmental Funds 31 Reconciliation of the Statement of Revenues, Expenditures, and Changes in Fund Balances of Governmental Funds to the Statement of Activities 32 Statement of Net Assets -Proprietary Fund 33 Statement of Revenues, Expenses, and Changes in Fund Net Assets - Proprietary Fund 34 Statement of Cash Flows -Proprietary Fund 35 Notes to Financial Statements 37 REQUIRED SUPPLEMENTARY INFORMATION Schedule of Revenues, Expenditures, and Changes in Fund Balance -Budget and Actual -General Fund 55 Notes to Required Supplementary Information 57 OTHER INFORMATION Schedule of Revenues, Expenditures, and Changes in Fund Balance -Budget and Actual -Capital Projects Fund 58 Schedule of Revenues, Expenditures, and Changes in Fund Balance -Budget and Actual -Business-Type Activities 59 Independent Auditors' Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards 60 ~~ Eid`~ lly ~~~~s>1~~~~~ INDEPENDENT AUDITORS' REPORT Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho We have audited the accompanying financial statements of the governmental activities, the business-type activities, the discretely presented component unit, and each major fund of the City of Meridian, Idaho, as of and for the year ended September 30, 2009, which collectively comprise the City's basic financial statements as listed in the table of contents. These financial statements are the responsibility of City of Meridian, Idaho's, management. Our responsibility is to express opinions on these financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements. An audit also includes assessing the accounting principles used and the significant estimates made by management, as well as evaluating the overall financial statement presentation. We believe that our audit provides a reasonable basis for our opinions. In our opinion, the financial statements referred to above present fairly, in all material respects, the respective financial position of the governmental activities, the business-type activities, the discretely presented component unit, and each major fund of the City of Meridian, Idaho, as of September 30, 2009, and the respective changes in financial position and where applicable, cash flows, thereof for the year then ended inconformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated February 17, 2010, on our consideration of City of Meridian, Idaho's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements and other matters. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audit. www.eidebailly.com 877 W. Main St., Ste. 800 ~ Boise, ID 83702-5858 ~ T 208.344.7150 ~ F 208.344.7435 ~ EOE The management's discussion and analysis and budgetary comparison information listed in the table of contents are not a required part of the basic fmancial statements but are supplementary information required by the accounting principles generally accepted in the United States of America. We have applied certain limited procedures, which consisted principally of inquiries of management regarding the methods of measurement and presentation of the required supplementary information. However, we did not audit the information and express no opinion on it. ~-,~,~~~ Boise, Idaho February 17, 2010 2 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 This section of the City of Meridian's (City's) annual fmancial report presents management's discussion and analysis of the City's financial performance during the year ended September 30, 2009. Please use this information in conjunction with the information furnished in the City's fmancial statements. Financial Highlights • The total assets of the City exceeded its liabilities at September 30, 2009 by $283,157,512. Of this amount $47,552,089 is unrestricted and available to meet the City's on-going obligations to citizens and creditors. • During fiscal year 2009 the City's total net assets increased $11,741,632 as compared to an increase of $21,501,450 during fiscal year 2008. Net assets of the governmental activities increased $4,859,123 and net assets of business-type activities increased $6,882,509. • Total fund balance of governmental funds at September 30, 2009 was $22,411,123 compared to a total governmental fund balance at September 30, 2008 of $23,336,871. Of the September 30, 2009 balance, $1,739,920 is restricted for park, police, and fire impact fee capital expenditures, $1,741,933 is reserved for capital projects, $1,522,860 is reserved for public safety capital projects and $400,000 is reserved due to a long-term lease agreement. The remaining $17,006,410 is unreserved. • The City has $930,000 in long-term debt due to a capital lease and trust agreement with Wells Fargo Bank for the construction of the police station. The agreement was executed in fiscal year 2002 and has a term often years. Overview of the Financial Statements This annual report consists of five parts -management discussion and analysis, the government-wide financial statements, fund financial statements, notes to the financial statements, and requited supplementary information. Government -Wide Financial Statements These statements report information about all of the operations of the City using accounting methods similar to those used by private sector companies. These statements are prepared using the flow of economic resources measurement focus and accrual basis of accounting. The current year's revenues and expenses are recorded as transactions occur rather than when cash is received or paid. The government-wide fmancial statements are divided into two categories: Statement of Net Assets -Reports all of the City's assets and liabilities with the difference between the two reported as net assets. Over time, increases or decreases in net assets may serve as a useful indicator of whether the financial position of the City is improving or deteriorating. Statement of Activities -Reports all of the City's revenues and expenses for the year by function. Examples of functions are public safety, administration, and water and sewer activities. Revenues, such as property tax which cannot be traced to a specific function, are reported as General Revenues. CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 Fund Financial Statements The Fund financial statements provide information about the City's major funds, not the City as a whole. The City uses a method of accounting, called fund accounting, to separate specific sources of funds and corresponding expenditures. Funds may be required by law or maybe established by the City Council. The City has the following funds: Governmental Funds: These funds encompass the City's basic services, public safety, community planning and development, administration, and parks and recreation. Governmental fund financial statements focus on short- term inflows and outflows of spendable resources, an accounting approach known as the flow of current financial resources measurement focus and the modified accrual basis of accounting. Information provided by these statements provides ashort-term view of what resources will be available to meet needs. The City has two governmental funds: General Fund -The general fund is the general operating fund of the City. It derives most of its income from property tax and funds the operations of the City. It includes the Special Services Fund, used to account for revenue and expenses of the community planning and development function and the Park Impact Fee Fund, used to account for the park impact fee revenue and park development costs. Capital Projects Fund -The Capital Projects Fund is used to account for financial resources to be used for the acquisition of major capital facilities. Proprietary Fund: User fees finance activities in these funds. The City of Meridian only has one type of propriety fund, the enterprise fund. The water and sewer utilities and all the activities necessary to support their operation are accounted for in this fund. Accounting for this fiord is the same as a private business on a full accrual basis. Notes to the Financial Statements The notes provide additional information that is necessary to fully understand the data presented in the government-wide and fund financial statements. ' Required Supplementary Information This section has information that further explains and supports the information in the financial statements by including a comparison of the City's budget data for the year. FINANCIAL ANALYSIS OF THE CITY OF MERIDIAN AS A WHOLE Net Assets Net assets measure the difference between what the City owns (assets) versus what the City owes (liabilities). At September 30, 2009 the City's combined assets exceeded liabilities by $283,157,512. In comparison at September 30, 2008 combined assets exceeded liabilities by $271,415,880. 4 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 The largest portion of the City's net assets, 82%, is invested in capital assets net of related debt. Capital assets include land, building, equipment and machinery, and sewer and water utility infrastructure. This percentage is virtually unchanged from FY2008. In proceeding years the percentage of investment in fixed assets has increased as the City has undertaken several construction projects. In FY05 the City's investment in fixed assets was only 62%, increasing to 66% in FY06, and 74% in FY07. Assets restricted to a particular use are 1% of net assets. The City's restricted funds are principally the park, police and fire impact fee fund (portion of building permit collected for construction of new assets to retain existing service levels). The City has $400,000 held at Wells Fargo bank as required by the police building bond covenants. The City has established a reserved fund called the Capital Improvements Fund. The City puts excess funds generated from building permit sales into a fund marked specifically for general fund capital projects. Unrestricted net assets equal 17% of net assets, little change from 16% last year. The City's net assets increased by $11.7 million, 4% from the prior year, with little change in the composition between capital assets, and restricted and unrestricted funds. Reflective of the downturn in economic growth the City's increase in net assets has been declining in recent years, from an increase in FY06 of 15%, to 12% in FY07, to 9% in FY08, and fmally 4% in FY09. Some portion of the unrestricted net asset balance has been designated by the City Council for specific purposes. The table below has been condensed from the Statement of Net Assets. Current and Other Assets Capital Assets Total Assets Current Liabilities Long-term Liabilities Total Liabilities Net Assets: Invested in Capital Assets Net of Related Debt Restricted Unrestricted Total Net Assets Changes in Net Assets Primary Government Governmental Activities Business -type Activities Total 2009 2008 2009 2008 2009 2008 $ 44,153,456 61,691,933 $ 44,428,780 56,791,974 $ 31,575,831 $ 28,954,406 170,961,637 166,974,685 $ 75,729,287 $ 232,653,570 73,383,186 223,766,659 105,845,389 101,220,754 202,537,468 195,929,091 308,382,857 297,149,845 21,289,621 1,372,620 21,165,271 1,731,458 2,422,119 2,726,605 140,985 110,631 23,711,740 1,513,605 23,891,876 1,842,089 22,662,241 22,896,729 2,563,104 2,837,236 25,225,345 25,733,965 60,761,933 55,421,974 170,961,637 166,974,685 231,723,570 222,396,659 3,881,853 5,955,710 - - 3,881,853 5,955,710 18,539,362 16,946,341 29,012,727 26,117,170 47,552,089 43,063,511 $ 83,183,148 $ 78,324,025 $ 199,974,364 $ 193,091,855 $ 283,157,512 $ 271,415,880 During the year the City's financial position improved by $11,741,632. The following condensed financial information was derived from the government-wide Statement of Activities and shows how the City's net assets changed during the year. 5 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 Changes in Net Assets for Fiscal Year Ending September 30, 2009 Govenunental Business-Type Total Primary Activities Acti vities Government FY09 FY08 FY09 FY08 FY09 FY08 Revenues Program Revenues Charges for services $ 5,025,148 $ 6,916,337 $ 14,426,488 $ 12,179,084 $ 19,451,636 $ 19,095,421 Operating grants and contributions 551,946 187,000 3,288,083 4,577,125 3,840,029 4,764,125 Capital Grants and Contributions 1,034,186 3,896,461 2,374,385 6,318,732 3,408,571 10,215,193 General Revenue: Property taxes 17,606,294 15,975,455 17,606,294 15,975,455 Franchise fees 1,510,674 1,427,227 1,510,674 1,427,227 Sales tax and other governmental 3,623,844 4,027,232 3,623,844 4,027,232 Unrestricted Investment Earnings 604,653 869,966 907,521 1,141,833 1,512,174 2,011,799 Other Revenue 41,047 (88,500) 243,804 204,203 284,851 115,703 Total Revenues 29,997,792 33,211,178 21,240,281 24,420,977 51,238,073 57,632,155 Expenses General Government Administration 4,772,542 3,305,739 4,772,542 3,305,739 Law Enforcement 9,332,085 8,681,734 9,332,085 8,681,734 Fire Department 7,361,588 6,333,494 7,361,588 6,333,494 Parks and Recreation 2,459,117 2,340,099 2,459,117 2,340,099 Community Planning and Devlp 2,192,738 2,860,661 2,192,738 2,860,661 Interest on long-term debt 54,317 73,942 54,317 73,942 Enterprise -sewer and water 13,324,054 12,535,036 13,324,054 12,535,036 Total Expenses 26,172,387 23,595,669 13,324,054 12,535,036 39,496,440 36,130,705 Excess of revenues over expenditures before transfers 3,825,405 9,615,509 7,916,227 11,885,941 11,741,632 21,501,450 Transfers -internal activities 1,033,718 5,247,913 (1,033,718) (5,247,913) - - Increase in net assets 4,859,123 14,863,422 6,882,509 6,638,028 11,741,632 21,501,450 Net Assets, Beginning of Year 78,324,025 63,460,603 193,091,855 186,453,827 271,415,880 249,914,430 Net Assets, Ending of Year $ 83,183,148 $ 78,324,025 $199,974,364 $ 193,091,855 $ 283,157,512 $ 271,415,880 • Governmental Charges for Services include: o Building permits and filing fees o Court fines o Rural Fire District service reimbursement o Park and Recreation Fees 6 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 • Governmental Capital Grants and Contributions include: o Impact fees for Parks, Fire, and Police o Park land donations o Grant revenues o Cash donations • Business Type Charges for Services include: o Water and Sewer sales o Engineering review fees o Trash Administration fees • Business Type Operating Grants and Contributions include: o Water and Sewer connection fees o Cash donations • Business Type Capital Grants and Contributions are developer donated water and sewer lines Governmental Activities: Although revenues were down 10% from the prior year the City was still able to increase net assets by $4,859,123. This does represent a significant reduction in growth from prior years. The City expected the decrease in revenues and budgeted accordingly. Total expenses did increase 11 % over the prior year. When comparing the increase in net assets in FY2008 of $14.8 million dollars it is important to note that $4.5 million dollars was due to a one-time transfer from the Enterprise Fund towards the construction of a new City Hall. The Planning and Building departments are isolated in a fund called Development Services. Development Services is part of the general fund and is contained in the audited fmancials which is rolled into the general fund. By City Ordinance any excess of revenues over cost is transferred to the Capital Improvement Fund. Between 2003 and 2007 the City was able to transfer $8.2 million dollars into the Capital Improvement Fund. Due to the drop-off of construction in the last two years the City has not been able to make transfers to the Capital Improvement Fund. Revenue in this program equal 47% of Charges for Services revenues and are primarily commercial and residential building permit sales. The City sold 562 residential building permits and no multi-family permits in FY09 compared to 606 residential and 30 multifamily the year before. This is a 7% decrease in residential building permit sales. Commercial building permit sales were $659,439 in FY09, down 50% down from FY08. The City did not expect the Development Services fund to be self sustaining in FY09 and planned to cover deficits with general fund revenues. Although Development Services revenues decreased, expenses also decreased 23% from FY2008 to FY2009. The City uses contracted building inspectors rather than employees so when construction slows and there are fewer new buildings to inspect the cost of conducting inspections also decreases. When building permit sales increase and decrease, impact fees, part of capital grants and contributions, also increase or decrease. Impact fees are charged when the building permit is sold, they can be used only for construction or capital equipment related directly to maintaining current service levels for new growth. Park impact fees are charged only on residential permits and police and fire impact fees are charged for both residential and commercial building permits. Impact fees decreased from almost $1.7 million in FY08 to $1.1 million in FY09. The park impact fee revenue came in as budgeted while the fire and police impact fees were less than CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 expected. This is due to a combination of two factors, one commercial building permit sales were down and two, the City Council waived charging the police and fire impact fee on commercial building permits for the last six months of the fiscal year. Property tax is the single greatest source of governmental revenue. During the past decade property tax has shown substantial increases from year to year, for example it increased 27% from FY05 to FY06. The primary driver for substantial increases in properly tax is the utilization of new construction in the property tax levy formula, followed to a lesser extent by annexations. In spite of the construction downturn that started in the summer of 2006 new construction value for tax year 2008 was still robust at $679,756,216. When the new construction value was calculated for the property tax to be collected in FY2009 value had dropped to $409,725,009. However property tax revenue still increased 10% between FY2008 and FY2009. The City annexed properties with a taxable value of $41,623,668 down from prior year annexations of $103,970,136. Governmental capital grants and contributions decreased. This category is principally impact fees collected for parks, police, and fire, donations and grants. As discussed above impact fees continued to decrease with the decrease in new building. The City received a little over $500,000 in operating grants and contribution. This included several smaller donations for various community programs and small park projects. The largest single donation was $100,000 from Idaho Power for building an energy efficient City Hall building. The City had just under $300,000 in grant revenue, principally a grant in the Police Department for community anti-drug programs and a small community block grant. FY09 Governmental Activities Revenue - $29,997,792 Investment Charges for Sales Tax/Other Income Service Governmental o Operating 12% 2% 17 /° Grants/Contribution 2% Franchise Fees 5% Capital Grants/Contribution 3% Property Tax 59% CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 Public Safety (Fire and Police) are by far the largest governmental function: 64% of total governmental expenses. Police personnel and operating expenses increased 7% from FY08 to FY09 and Fire operating and personnel expenses increased 16%. The increase in the Police Department expenses was in personnel which increased 11% from $6,988,729 to $7,782,261. The department was able to fill virtually all vacant positions (8.5 FTE) as well as adding a school resource officer, and someone to administer the community anti-drug grant. A change in the way the sworn officer pay plan is administered resulted in pay increases. Operating expenses actually decreased 10%. Fire Department personnel cost increased 11% while operating cost increased 40%. The increase in operating costs was due to an impact fee reimbursement made to the Meridian Rural Fire Protection District. The Meridian Fire Department has a shared services agreement with the Rural Fire District. Meridian City provides services for both the City and the Rural District geographical areas and the Rural Fire District pays 20% of the total operating costs and has also provided the funding for several capital projects. The Rural Fire District provided the initial funding fora $1.4 million dollar training tower. As the City collects impact fees from building permit sales the City is reimbursing the Rural Fire District for those costs that are impact fee eligible. Community Planning and Development expenses were 8% of governmental expenses. Included in Community Planning and Development are building inspections, building administration, Planning Department, and economic development. The City uses contract building inspectors who are paid only when a permit is sold. Therefore when building permit revenue decreases the cost also decreases. Additionally some expenses were moved from the Planning Department to the department Other Government. Personnel costs were virtually unchanged. Administration includes several general support functions, Information Technology, Accounting and Finance, Human Resources, City Clerk, Mayor's Office, City Council, Other Government (general expenses not assigned to other departments), and City Hall. One half of Human Resources, Information Technology, and Finance costs are transferred to the enterprise fund since these functions support all funds. The City Hall expenses are split among the departments who are housed in the building. Administration costs increased 44% from the prior year. Personnel increased 18%. During FY09 Administration added two new positions and two positions approved in FY2008 started at the start of FY2009. New positions included an employee in Information Technology, a receptionist in the Legal Department, a construction manager in Other Government, and a building maintenance supervisor for City Hall. There were also some employee salary adjustments outside the merit program. Administration operating expenses increased a million dollars or 87%. One-time expenses associated with the new City Hall account for a portion of that. The City purchased $270,000 worth of furniture and spent $62,000 to move from the old City Hall and other locations. Due to some matters of contract dispute the City spent almost $200,000 on outside legal services, an increase of $180,000 over FY2008. Other Government increased by absorbing Treasure Valley Transit dues of $100,000 (previously in the Planning Department), a new storm water program for $63,000, and an increase in grant expenditures of $92,000. Costs for operating the new City Hall are greater then those for the much smaller old City Hall, increasing more than $300,000 in FY09. The Parks and Recreation Department personnel cost increased 14% however operating costs decreased 3% with the result that total department costs increased 5%. The Park's Department hired some additional seasonal maintenance employees due to increases in park acreage. 9 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 Personnel Expense -Governmental Activities $s,ooo,ooo $7,000,000 ~ j __ - - - ----- $6,000,000 ~ ~ FY2009 ^ FY2008 $5,000,000 $4,000,000 ~ ~ ~; $3,000,000 ~ ~ $2,000,000 $1,000,000 $0 Aden po/% Fpr® pa~S p~h~h~0@~®/ op~@nt Operating Expenses -Governmental Activities ^ FY2009 $2,500,000 ~ FY2008 I J~ $2,000,000 ' $1,500,000 ~f I $1,000,000 ~' i ._ $500,000 I $0 Ad~lh Po//co Flr® Parks Plap~ng/Q®Velopme nt 10 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 Business-Type Activities: Business-type activities, the provision of water and sewer services, increased net assets by $6.8 million in FY09 almost identical to a $6.6 million dollar increase in FY08. Capital assets net of depreciation increased $3.98 million. Unrestricted net assets increased $2.89 million compared to a decrease last year of $10.8 million. Business activities have three principal sources of revenue. Operating revenue from selling water and sewer services (charges for services), fees that new homes pay to connect to the utility system and "donated" revenue, the value of the developer connected lines. Developer contributions are not a cash inflow. Operating revenue is available to pay operating costs, donated lines are obviously not. Charges for service revenue are matched to the operating costs of providing water and sewer service. Connection revenue is the revenue that the business fund directs toward new construction and toward reimbursing developers for lines. Interest income is largely directed toward construction. Total propriety revenue for FY09 as compared to FY08 and FY07 is as follows: of Total % of Total % of Total FY2009 Revenue FY2008 Revenue FY2007 Revenue Charges for Service $ 13,725,410 61% $ 11,768,336 48% $ 10,434,108 38% Connection Fees 3,423,956 15% 4,577,125 19% 5,289,653 19% Interest Income 907,521 4% 1,141,833 5% 2,228,460 8% Other 944,882 4% 614,951 3% 965,621 4% TOTAL REVENUES 19,001,769 18,102,245 18,917,842 Donated Lines 3,423,956 15% 6,318,732 26% 8,592,670 31% GRAND TOTAL $ 22,425,725 $ 24,420,977 $ 27,510,512 Rate increases between February and April of FY2009 helped boost the usage revenue 17% over FY2008 revenue. The base rate for water was increased 19% to $4.81 with the cost per 1000 gallons increasing 19% to $1.66. The sewer base fee increased 42% to $6.73 and the cost per 1000 gallons for sewer increased 42% to $4.31. Over the last three years operating revenue has increased between 13 and 15 percent annually. In addition to the FY2009 rate increase there was a small rate increase in both FY2008 and FY2007. The annual increase in the number of new accounts decreased substantially the last few fiscal years: from a 12% jump in accounts in FY2006 to a 3% increase in FY2009. Weather also plays a part in the gallons of water sold. Connection fees are the fees that new properties pay to "connect" to the utility system. In FY2005 connection fees were 51 % of total revenue at over $10 million dollars. By FY2009 connection fees were only 15% of revenue at $3.4 million dollars. This decrease in "new growth" revenue has changed the distribution of the Enterprise Revenue pie, the reliance on charges for services, has increased, from 39% of total revenue in FY2005 to 61 % of total revenue in FY2009. 11 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 Interest income continues to decrease as interest rates steadily decline. Donated water and sewer line revenue is almost one half of what it was last year at $3.4 million in FY09 compared to $6.3 million in FY2008. This contrasts to a high of $9.9 million in FY2006 when development and construction was at a peak. Isolating the income related just to water and sewer sales (not including connection fees, contributed capital, and interest income) and comparing it to the applicable costs results in an operating income of $1.3 million dollars. This is quite a contrast to last year's operating loss of $125,000. The increase in usage fees resulted in $1.9 million dollars in additional sales revenue alone. The following graph illustrates the change in expenses used to calculate operating income from FY2007 to FY2009. The two most significant expenses are depreciation and personnel. Both had moderate increases from FY2008 to FY2009. The need for infrastructure expansion has decreased as development has decreased consequently construction projects. OPERATING EXPENSES Change Change F'Y2009 FY08 to FY09 FY2008 FY07 to FY08 FY2007 Personnel $ 4,631,746 5% $ 4,414,471 11% $ 3,978,372 Other Services/Charges 2,087,738 12% 1,860,306 -1% 1,876,779 Depreciation 4,316,283 8% 3,995,452 25% 3,189,795 Supplies 1,404,316 -4% 1,468,973 10% 1,341,445 Heat, Lights, Power 883,971 11% 795,834 46% 546,414 TOTAL operating ezpense General fund transfer 13,324,054 6% 12,535,036 15% 10,932,805 1,033,718 38% 747,913 21% 616,501 TOTAL business-type ezpense $ 14,357,772 $ 13,282,949 $11,549,306 The formula for calculating operating income does not take into account internal transfers. The administrative functions for accounting, human resources, information technology, and some other support activities are expenses of the general fund. Half of the cost of these functions is transferred from the general fund to the business fund. Last year in addition to the standard transfer for administration, there was an amount of $4.5 million for the cost of building the City Hall. Removing the effect of the City Hall construction transfer the internal transfer increased about $285,000 between FY2008 and FY2009. The FY2009 transfer of one million dollars included some one time furniture purchases, additionally the business fund now pays "rent" in the form of a transfer to general fund for actual City Hall building expenses instead of paying an outside vendor for rental expenses. 12 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 Business Type Activities FY09 Expense Categories $14,357,772 Heat, lights General Fund and power Allocation Personnel 6% 7% services 32% Supplies J 10% Depreciation ~_. ,,:~~~ Services and 30% Charges 15% The Sewer Division expenses are more than the Water Division with Water spending $4.7 million in personnel and operating in FY09 and Sewer spending $6 million. Public Works and Administrative costs were about $2.6 million. 13 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 .Although internally the City accounts for operating sales and expenses, and construction revenue and costs separately there are no existing restrictions directing sources of revenue to one particular purpose. During FY2009 the Utility increased the unrestricted fund balance by $2,895,557 and the investment in capital assets by $3,986,952. The increase in unrestricted assets is a departure from the annual decreases of unrestricted fund balance that started in FY2006. The combination of declining revenue from new growth, significant increases in infrastructure and rising operating costs resulted in a decrease in unrestricted fund balance last year of about $10 million dollars. In FY2009 the increase in usage revenue and a slow down in capital construction stopped the decrease in unrestricted fund balance. Business Activity Unrestricted Fund and Investment in Capital Assets Net of Debt $180,000,000 $160,000,000 tUnrestricted Fund $140,000,000 Balance __ (invested in Capital Assets` $120,000,000 $100,000,000 - $80,000,000 -- - $60,000,000 $40,000,000 $20,000,000 $0 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 The Water Department closed $3.6 million dollars out of construction in progress and the Waste Water Treatment Plant closed $2.7 million dollars of construction in progress. Larger Water Department projects completed include several well rehabilitations, the Black Cat water main, and the Water Department office building and shop. Larger Waste Water Treatment Plant projects completed include phase four of the Black Cat Trunk project. Overall the Utility spent $6 million dollars on capital acquisitions. Depreciation expense increased from $3,995,452 in FY2008 to $4,316,283 in FY2009. The Utility still has $32 million dollars in construction in progress. $30.9 million represents the Waste Water Treatment Plant, principally components of the ongoing expansion of the treatment plant. The last few years the proprietary fund has budgeted and planned for several large projects to serve Meridian's growing population. Projects have been funded with connection fee revenue that accumulated during Meridian's rapid growth. As discussed above basically all the available fund balance has now been directed toward specific projects. Although most projects take several years from budget to completion, the graph below illustrates the decrease in dollars actually spent for construction during FY2009. Developer contributed capital is water and sewer lines. 14 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 Business Activities Capital Acquisitions ^ City Capital $25,000,000 Emend itu res ^ Developer Contributed $20,000,000 Capital ;,; $95,000,000 -~'~ ~ ~~~ $90,000,000 -{~ ~ $5,000,000 $O FY09 FY08 FY07 FY06 FY05 FY04 FINANCIAL ANALYSIS OF THE CITY'S FUNDS Governmental Funds The general fund is the principal fund used for the City's major operations including public safety, planning and development, parks, and City administration. The total governmental fund balance at September 30, 2009 was $22,411,123 a decrease of $925,748 from the prior year fund balance of $23,336,871. The governmental fund balance is distributed among reserved and unreserved balances as follows: FY2009 Total FY2008 Total Change in Governmental Governmental Fund Balance FUND BALANCES Funds Funds Reserved for Impact Fee Improvements Reserved for Capital Improvements Reserved for Debt Service Designated for Public Safety Purchases Unreserved TOTAL FUND BALANCES $ 1,739,920 $ 2,169,687 $ (429,767) 1,741,933 3,386,023 (1,644,090) 400,000 400,000 - 1,522,860 52,482 1,470,378 17,006,410 17,328,679 (322,269) $ 22,411,123 $ 23,336,871 $ (925,748) 15 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 The reserve for impact fee improvements can only be spent on Police, Fire, and Parks capital projects that sustain the level of service existing when the fees were adopted. Charging this fee at the time a building permit is sold is considered to be a way to make growth help pay for itself. The fund balance decreased 20% from FY08. Although revenues were down from the prior year the City did collect about a million dollars in new impact fees. The City spent about.. a million dollars on park projects and reimbursed the Rural Fire Protection District $450,000 toward the training tower the district constructed. A small amount was spent for a command trailer for Public Safety. The remaining balance has been budgeted for Parks projects that were initiated several years ago, therefore the City is not budgeting any new projects until the fund balance builds backup. The Capital Improvement fund balance ended FY2009 at half of what it was at the end of FY2008. Although the bulk of the City Hall construction project was finished in FY2008 there were additional expenditures from the Capital Improvement Fund in FY2009 of $2,332,533. Historically the Capital Improvement Fund has increased through transfers from the Development Services Fund. The City has designated that any building permit revenues left after Building and Planning Department costs be set aside for capital construction projects. Due to the construction slow down no excess revenue has been available for transfer since FY2007. The Development Services net change for the year was a negative $326,511. The City leaves a balance of $750,000 to $1,000,000 as an emergency reserve to cover three to four months of operating expenses for the Development Services functions. The $400,000 reserved for debt service is required by bond covenants in the bond issued to build the Police Station. The amount is held by Wells Fargo Bank, the bonding trustee. Designated for Public Safety Purchases is the fund that was previously used to purchase fire trucks. The City has decided to use it to save for public safety construction or large capital projects. The City made a transfer from the General Fund to the Public Safety of $1,470,000. This was approximately the amount the Police and Fire Departments saved from their budgets in FY2008, largely due to vacant positions in the Police Department. The Unreserved General Fund balance experienced a slight 2% decline between FY2009 and FY2008. Looking at only the general fund before infra fund transfers, and excluding Development Services and the Impact Fee Fund FY2009 revenues exceeded FY2009 expenses by $477,790. The General Fund made transfers of $1,000,000 to the Capital Improvement Fund and $1,470,000 to the Public Safety Fund. There were transfers in of $1,521,084 to include the Enterprise Fund's split of administrative services and City Hall expenses and Development Services share of the Legal Department and City Hall expenses. General Fund Budgetary Highlights The total of all governmental funds actual revenues were 4% less than the amended revenue budget. The bulk of the discrepancy can be traced to the Development Services Fund and the Impact Fee Fund. Both funds are dependent on new construction for income. Building permit fees (licenses and permits) were budgeted at $2,981,000 which was considerably under the prior year actual of $3.4 million dollars. However actual Building Department revenue for FY2009 was $2,212,242, 26% less than budgeted. Park impact fees (charges for services) did come in almost exactly at the $750,000 amount budgeted for them. On the other hand public safety impacts fees were budgeted at $620,000 with actual only being $296,638. This is a combination of two factors. One, unlike park impact fees which are only collected on residential building permit fees, public safety can be collected on commercial as well. Commercial construction remained fairly strong in FY2008 but fell off sharply in FY2009. Second, the City Council waived collection of public safety fees on commercial permits sold the last half of the fiscal year. 16 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 Building permits (Development Services Fund) and impact fees (impact fee fund) alone account for $1,084,372 of the total government funds shortfall of $1,146,652 The shortfall in these two revenue areas did not have a negative impact on the City's operations because the City did not budget to spend the funds. The general fund revenues were only $62,000 less than budget. The following graphs illustrate the continuing decline in residential and commercial construction in FY2009. As discussed above those revenues specific to just the general fund came in equal to the budget. Property tax is the general fund's largest revenue source, anywhere between 59% and 64% of the City's general fund revenue. Delinquent taxes resulted in the City not collecting just under 1% of the amount of property tax levied for 17 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 FY2009. The second most significant revenue in the general fund is state revenue sharing. The City predicted that consumer spending would decrease in FY2009 as the result of the economic downturn and therefore budgeted conservatively. State revenue sharing revenues were just 2% less than budget. Three additional sources of intergovernmental revenue are grants, state liquor sales sharing, and the Meridian Rural Fire Protection District. Liquor sales and Rural Fire revenue were more than budgeted. Grant revenue accounts for the shortfall between budget and actual in intergovernmental revenue. The City budgeted almost $600,000 for grant revenue but only spent and received $288,000. 18 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 The charts below illustrate the performance of the individual funds within the general fund against budget and the total general fund against budget and prior years. Governmental FY2009 Revenue Budget to Actual by Fund Type $30,000,000 $25,000,000 ~ Actual ^ Budget $20,000,000 _ -- $15,000,000 $10,000,000 $5,000,000 $0 General Fund Impact Fee Fund Community Development 19 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 Total Governmental personnel and operating costs increased 12% from FY08 to FY09. General Government, Police, Parks, and Fire all increased while Development Services decreased. Governmental Fund PC Sz OE FY09 Actual to FY08 Actual $10,000,000 _ _ ^FY09Actual $9,000,000 7%I"c 16%Inc ~FY08Actual $8,000,000 $7,000,000 $6,000,000 ~%Inc $5,000,000 -_._-- __-- -_-.-------__.._-- 23%Decrease -- $4,000,000 13%Inc , ___,. $3,000,000 -- $2,000,000 $1,000,000 $0 '4d~/q Po/%@ F/r@ parks ~av% p. Administration or General Government includes the elected officials, Finance, Human Resources, Information Technology, Legal, City Hall Building Operations and Maintenance, Street Lighting, and other general functions of the governments such as community partnerships. The cost of Administration personnel and operating expense increased 46% from FY2008 to FY2009 however did end FY2009 just under $1,000,000 under the final budget. Administration added three positions to the budget. One position was held and not filled during FY2009. A department specifically for the operating and maintenance costs of the City Hall was added to the budget. The City incurred a little over $530,000 in one-time costs to move into the City Hall, to include moving company costs, and fiuniture for the City Hall. Operating costs for the new City Hall aze about $300,000 more than for the old City Hall. Some programs were moved in the budget to Administration such as Street Lights and storm water management. The City budgeted over $400,000 in grant revenue in Administration. There were several small amendments made to the Administration budget. The amendments were small projects largely offset by sources of revenue such as donations. All of the departments in Administration came in under budget in personnel and almost all departments were under budget in their operating costs. The City budgeted for an enterprise software system which was put on hold in FY2009 saving $165,000 in softwaze license expense, $303,468 of the $434,344 budgeted for grants was not expended and some planned community projects such as the Ada County Detox Center did not take place as planned in FY2009. 20 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 Police Department personnel and operating costs increased 7% or about $1,000,000 from FY2008 to FY2009. This was due to increases in personnel costs. The Police Department has had at least eight to twelve vacant positions for several years. FY2009 was the first year they were able to end the fiscal year with almost every position filled. Additionally a new sworn officer step pay plan went into effect at the end of FY2008 that increased officer pay. The Police Department did end the year with personnel expense $839,000 under budget. New items in the FY2009 budget request included an additional school resource officer, specialty work assignment pay, and an administrative assistant. Operating expense for the Police Department actually decreased and was under budget. Fire Department personnel and operating expense increased 16% ($955,625) from FY08 to FY09. Personnel expenses increased about 11% due to the contracted increases and a full year of personnel at Station 5. The rest of the increase was the one time reimbursement of impact fees to the Meridian Rural Fire Protection District for the impact fee eligible portion of the training tower built by the Rural Fire District. The Fire Department`s operating expenses came in under budget by about $162,000. The Fire Department only amended their budget for a couple of small items. New FY2009 operating budget items in addition to the Rural Fire repayment were also small, part-time office help, some software and minor remodeling. The Parks Department personnel and operating expense increased 13% from FY2008 to FY2009. The increase was in personnel primarily in additional seasonal labor. In the FY2009 the Parks Department also added a part time maintenance employee, some small pieces of equipment and items for the recreation programs. Operating expenses came in just slightly under budget. The Parks Department had some small operating budget amendments to purchase playground equipment with donated funds. As discussed previously Community Planning and Development operating costs decreased because as building decreases the need for building inspections decreases. Since the inspectors are contractors and paid based on the number of inspections cost goes down when new construction declines. The City budgeted $6.4 million for general fund capital projects and spent $3.9 million. The Capital Improvement Fund is not included in the Schedule of Revenues, Expenditures, and Changes in Fund Balance and Actual -General Fund but the City spent an additional $2.3 million from the Capital Improvement Fund on the new City Hall building. Larger capital purchases from the general fund included a ladder truck for the Fire Department, purchase of a 77 acre piece of land for a park in south Meridian, close to a million dollars in park development, and replacement of police cars. The funds in the budget not spent will be carried forward to future years as they are for future planned park development projects. The purchase of the land for a south Meridian park required a budget amendment for $1.2 million dollars. It was funded half by general fund and half by the impact fee fund. 21 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 Capital Asset and Debt Administration Capital Assets At the end of fiscal year, 2009 the City had $232.6 million invested in capital assets (net of accumulated depreciation). During fiscal year 2009 the City's total investment in net assets increased 4%. 55% of that increase was due to governmental activities and 45% due to business activities. See table below: Capital Assets as of September 30, 2009 (net of depreciation) Governmental Business -Type Activities Activities Land Buildings and Improvements other than buildings Sewer and Water Lines Equipment Construction in Progress 2009 2008 2009 2008 Total Primary Government 2009 2008 $14,253,022 $ 13,043,410 $ 951,656 $ 947,113 $ 15,204,678 $ 13,990,523 13,066,282 8,632,286 3,628,246 3,025,205 30,744,383 32,091,073 15,276,873 13,430,333 110,371,671 107,106,174 12,026,577 11,610,507 32,334,860 33,880,558 28,343,155 22,062,619 110,371,671 107,106,174 15,654,823 14,635,712 63,079,243 65,971,631 TOTALS $61,691,933 $ 56,791,974 $170,961,637 $166,974,685 $ 232,653,570 $ 223,766,659 The City's investment in capital assets includes land, buildings, sewer and water lines, buildings, automobiles and equipment and street lights. Sidewalks, bridges, and roads belong to the Ada County Highway District. Major capital asset events in the general government funds in FY09 included: • $2.5 million added to construction in progress for City Hall • $30.7 million in construction in progress in total at 9/30/09 • $974 thousand added to construction in progress for park development • Meridian Youth Baseball and Adventure Island were completed and moved out of construction in progress • $1.2 million invested into future park land. Major capital asset events in the business-type funds in FY09 included: • Sewer trunk and sewer main expansion for $3.1 million • $582 thousand in donated waterlines • $1.3 million in donated sewer lines • $3.8 for Waste Water Treatment Plant expansion • $27 million in construction in progress for Wastewater Treatment Plant expansion 22 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 The City booked $1,359,120 in depreciation expense for governmental City functions and $4,316,283 for business-type activities. Long-Term Debt The City has a capital lease and trust agreement with Wells Fargo Bank. This agreement was entered into, as the result of a judicial review on August of 2001 in the amount of $4,000,000 for the purpose of constructing a police station. At September 30, 2009 the long-term balance was $930,000. FY2010 Budgetary Considerations The City of Meridian bases the budget on a revenue analysis and projection. The City starts the budget process in the spring of the year for the next fiscal year. The residential building slow down that started in FY2007 continued into FY2008 became worse in FY2009 and the City predicts it will continue into FY2010 and FY2011. The City has to closely monitor the Development Service Fund whose revenue streams are completely dependant on building activity. Part of the Development Service Fund costs will drop with revenue, the costs incurred for contracted building inspections. Some programs that were in the Development Services Fund were moved to the general fund in the FY2008 and FY2009 budget. In the FY2010 budget the City moved three Planning Department staff from the Development Services Fund to the General Fund. The City based Development Services budgeting on the assumption that residential building permit sales would be half of actual FY2009 and commercial sales would be one third less. The City was very conservative with all revenue estimates for the budget. Although we were able to accurately predict state revenue sharing in FY2009 we actually lowered our estimate for FY2010 by another 19%. Impact fee revenue follows building permit revenue and has been decreased beyond FY20091evels. Interest income for all funds is expected to remain minimal due to rock bottom market interest rates. Because the City has worked to keep it's maintenance of service base budget low the City was able to add some program enhancements to the FY2010 budget. Administration added a couple of technical staff to enhance information technology and analytical services, the Park's Department added a recreation coordinator to keep up with increased enrollment in City recreation programs, and the Fire Department added three Fire Fighter positions and a training instructor. The City did suspend the employee merit pay program. The Parks Department added $400,000 to their budget for park development, the Police Department will replace several vehicles and the Impact Fee Fund will reimburse the General Fund for the impact fee eligible portion of the ladder truck purchased in FY2009. Population and commercial growth in the last decade have allowed the City to build and staff five fire stations in partnership with the Rural Fire District, build a new Police station and increase the number of sworn officers to 81, develop numerous neighborhood parks as well as partner with community groups to build a large park with a state of the art universally accessible playground and youth baseball. In FY2009 the City was able to purchase 77 acres of land in south Meridian for a future large urban park. The City moved into the new City Hall early in FY2009. The building received silver Leeds certification. 23 CITY OF MERIDIAN, IDAHO MANAGEMENT'S DISCUSSION AND ANALYSIS SEPTEMBER 30, 2009 The general fund's primary source of revenue, property tax had the lowest year to year change in several years, increasing just 7.6%. New construction growth dropped significantly from $400,000,000 plus to approximately $255,000,000. The City has also experienced an increase in tax delinquency rates. Despite the revenue downturns the City is well positioned for the future. At the end of the budgeting process the City was able to direct $1,000,000 toward the Capital Improvement Fund and the Public Safety Fund. The City's philosophy for capital projects is to save for them in advance of construction. The City's fund balances are strong and are double the recommended three to four month operating reserve. During the last few periods the proprietary fund has supported development by aggressively building out infrastructure and undertaking a major Wastewater Treatment Plant expansion. Accumulated fund balances have been spent down or budgeted. In FY2010 the Enterprise Fund still budgeted $4.5 million into the fund balance. A rate increase in FY09 bolstered operating revenue and the fund was able to increase the fund balance in FY2009. The capital budget is being reexamined in FY2010 to eliminate some projects budgeted years ago that might no longer be needed and to prioritize those that are necessary. Requests for Information This report is designed to provide a general overview of the City of Meridian's finances for our citizens and customers. If you have questions about this report or need additional financial information, contact: City of Meridian Finance Office 33 E. Broadway Ave. Meridian, Idaho 83642 Phone: (208) 888-4433 24 CITY OF MERIDIAN, IDAHO STATEMENT OF NET ASSETS SEPTEMBER 30, 2009 ASSETS CURRENT ASSETS Cash and cash equivalents Restricted cash and cash equivalents Investments Restricted investments Receivables Accounts (net of $36,000 allowance for enterprise fund uncollectibles) Property taxes Assessments Due from other governmental units Interest Prepaids Total current assets NONCURRENT ASSETS Capital assets Land, infrastructure, and other assets not depreciated Buildings, improvements and equipment, net of depreciation Total noncurrent assets TOTAL ASSETS Primary Government Governmental Business-type Component Activities Activities Total Unit $ 1,469,010 $ 1,604,573 $ 3,073,583 $ 778,948 749,881 - 749,881 - 18,406,796 27,162,387 45,569,183 - 1,521,474 - 1,521,474 - 811,767 2,374,072 3,185,839 127 19,528,479 - 19,528,479 1,202,639 - 6,164 6,164 - 1,463,792 - 1,463,792 - 110,945 91,038 201,983 - 91,312 337,597 428,909 2,725 44,153,456 31,575,831 75,729,287 1,984,439 44,997,405 33,286,516 78,283,921 1,350,971 16,694,528 137,675,121 154,369,649 494,142 61,691,933 170,961,637 232,653,570 1,845,113 $105,845,389 $202,537,468 $ 308,382,857 $ 3,829,552 See Notes to Financial Statements 25 Primary Government Governmental Business-type Component Activities Activities Total Unit LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable $ 1,339,103 $ 2,114,889 $ 3,453,992 $ 207,517 Accrued payroll and taxes 714,323 176,196 890,519 - Accrued vacation, current portion 99,735 15,665 115,400 - Interest payable 13,175 - 13,175 - Deferred revenue 18,395,873 - 18,395,873 1,127,988 Customer deposits 272,412 115,369 387,781 - Capital leases -current portion 455,000 - 455,000 16,206 Total current liabilities 21,289,621 2,422,119 23,711,740 1,351,711 NONCURRENT LIABILITIES Accrued vacation -less current portion 897,620 140,985 1,038,605 - Capital leases -less current portion 475,000 - 475,000 454,254 Total liabilities 22,662,241 2,563,104 25,225,345 1,805,965 NET ASSETS Invested in capital assets, net of related debt 60,761,933 170,961,637 231,723,570 1,374,653 Restricted for: Impact Funds 1,739,920 - 1,739,920 - Capital improvements 1,741,933 - 1,741,933 - Police center debt service 400,000 - 400,000 - Unrestricted 18,539,362 29,012,727 47,552,089 648,934 Total net assets $ 83,183,148 $199,974,364 $ 283,157,512 $2,023,587 26 CITY OF MERIDIAN, IDAHO STATEMENT OF ACTIVITIES YEAR ENDED SEPTEMBER 30, 2009 Program Revenues Operating Capital Charges for Grants and Grants and Functions/Programs Expenses Services Contributions Contributions PRIMARY GOVERNMENT GOVERNMENTAL ACTNITIES General government Administration $ 4,772,542 $ 137,770 $ 324,898 $ 4,748 Public safety - Law Enforcement 9,332,085 710,111 142,081 54,824 Fire Department 7,361,588 1,490,172 12,748 241,814 Parks and Recreation 2,459,117 326,233 66,719 732,800 Community Planning and Development 2,192,738 2,360,862 5,500 - Interest on long-term debt 54,317 - - - Total governmental activities 26,172,387 5,025,148 551,946 1,034,186 BUSINESS-TYPE ACTMTIES Water and wastewater 13,324,054 14,426,488 3,288,083 2,374,385 TOTAL PRIMARY GOVERNMENT 39,496,441 19,451,636 3,840,030 3,408,571 COMPONENT UNIT Downtown development $ 990,540 $ - $ - $ - General revenues Shared revenues Property taxes, levied for general purposes Franchise fees Sales tax and other governmental Unrestricted investment earnings Net increase (decrease) in fair value of investments Miscellaneous Gain (loss) on sale of fixed assets Transfers -internal activities TOTAL GENERAL REVENUES AND TRANSFERS CHANGE IN NET ASSETS NET ASSETS, BEGINNING OF YEAR NET ASSETS, ENDING OF YEAR See Notes to Financial Statements 27 Net (Expense) Revenue and Changes in Net Assets Primary Government Governmental Business-type Component Activities Activities Total Unit $ (4,305,126) $ - $ (4,305,126) $ (8,425,069) - (8,425,069) - (5,616,854) - (5,616,854) - (1,333,365) - (1,333,365) - 173,624 - 173,624 - (54,317) - (54,317) - (19,561,107) - (19,561,107) - 6,764,902 6,764,902 - (19,561,107) 6,764,902 (12,796,205) - - - - (990,540) 17,606,294 - 17,606,294 1,255,064 1,510,674 - 1,510,674 - 3,623,844 - 3,623,844 - 461,140 672,301 1,133,441 9,425 143,513 235,220 378,733 - 37,931 243,804 281,735 28,117 3,116 - 3,116 - 1,033,718 (1,033,718) - - 24,420,230 117,607 24,537,837 1,292,606 4,859,123 6,882,509 11,741,632 302,066 78,324,025 193,091,855 271,415,880 1,721,521 $ 83,183,148 $ 199,974,364 $ 283,157,512 $ 2,023,587 28 CITY OF MERIDIAN, IDAHO BALANCE SHEET -GOVERNMENTAL FUNDS SEPTEMBER 30, 2009 ASSETS Cash and cash equivalents Investments Receivables Accounts Property taxes Assessments Due from other funds Due from other governmental units Grants Interest Prepaid items Restricted assets Cash and cash equivalents Investments Total assets General Capital Projects Total Governmental Funds LIABILITIES AND FUND BALANCES Liabilities Accounts payable Accrued payroll and taxes Due to other funds Accrued vacation Deferred revenue Customer deposits Total liabilities Fund balances Reserved for police, fire & park improvements Reserved for capital improvements Reserved for police center debt service Designated for public safety purchases Unreserved Total fund balances TOTAL LIABILITIES AND FUND BALANCES $ 1,463,793 $ 5,217 $ 1,469,010 17,825,643 581,153 18,406,796 811,767 - 811,767 19,528,479 - 19,528,479 1,384,770 - 1,384,770 79,022 - .79,022 110,835 110 110,945 91,312 - 91,312 749,881 - 749,881 1,521,474 - 1,521,474 $ 43,566,976 $ 586,480 $ 44,153,456 $ 1,310,610 $ 28,493 $ 1,339,103 714,323 - 714,323 19,416,495 - 19,416,495 272,412 - 272,412 21,713,840 28,493 21,742,333 1,739,920 - 1,739,920 1,183,946 557,987 1,741,933 400,000 - 400,000 1,522,860 - 1,522,860 17,006,410 - 17,006,410 21,853,136 557,987 22,411,123 $ 43,566,976 $ 586,480 $ 44,153,456 See Notes to Financial Statements 29 CITY OF MERIDIAN, IDAHO STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES- GOVERNMENTAL FUNDS YEAR ENDED SEPTEMBER 30, 2009 Fund balance -total governmental funds $ 22,411,123 Amounts reported for governmental activities in the statement of net assets are different because: Capital assets used in governmental activities are not financial resources and therefore are not reported in the funds. 61,691,933 Some of the property taxes receivable are not available to pay for current-period expenditures and therefore are deferred in the funds. 1,020,622 Long-term debt is not due and payable in the current period and therefore is not reported in the funds. (930,000) Accrued vacation is not due and payable in the current period and therefore is not reported in the funds. (997,355) Interest on long-term debt is not due and payable in the current period and therefore is not reported in the funds. (13,175) Net assets of governmental activities $ 83,183,148 See Notes to Financial Statements 30 CITY OF MERIDIAN, IDAHO STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE5- GOVERNMENTAL FUNDS YEAR ENDED SEPTEMBER 30, 2009 Total Capital Governmental General Projects Funds REVENUES Taxes Licenses and permits Intergovernmental Franchise fees Fines and forfeitures Charges for services Interest Miscellaneous Total revenues EXPENDITURES General government Public safety Parks and recreation Community planning and development Debt service Principal Interest Capital outlay Total expenditures $ 17,060,769 $ - $ 17,060,769 2,336,626 - 2,336,626 5,401,190 - 5,401,190 1,510,674 - 1,510,674 436,655 - 436,655 1,807,356 - 1,807,356 446,617 14,523 461,140 286,027 - 286,027 29,285,914 14,523 29,300,437 4,673,496 - 4,673,496 15,750,478 - 15,750,478 2,044,518 - 2,044,518 2,183,611 - 2,183,611 440,000 - 440,000 60,550 - 60,550 3,936,231 2,332,533 6,268,764 29,088,884 2,332,533 31,421,417 EXCESS OF REVENUES OVER(UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Operating transfer in Operating transfer out Unrealized gain (loss) on investments Proceeds from sale of capital assets Total other financing sources (uses) NET CHANGE IN FUND BALANCES FUND BALANCE, BEGINI~TING OF YEAR FUND BALANCE, END OF YEAR 197,030 (2,318,010) (2,120,980) 1,033,718 1,000,000 2,033,718 (1,000,000) - (1,000,000) 143,082 431 143,513 18,001 - 18,001 194, 801 1,000,431 1,195,232 391,831 (1,317,579) (925,748) 21,461,305 1,875,566 23,336,871 $ 21,853,136 $ 557,987 $ 22,411,123 See Notes to Financial Statements 31 CITY OF MERIDIAN, IDAHO RECONCILIATION OF THE STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCES OF GOVERNMENTAL FUNDS TO THE STATEMENT OF ACTIVITIES YEAR ENDED SEPTEMBER 30, 2009 Net change in fund balances -total governmental funds $ (925,748) Amounts reported for governmental activities in the statement of activities are different because: Governmental funds report capital outlay as expenditures. However, in the statement of activities the cost of those assets is allocated over their estimated useful lives and reported as depreciation expense. This is the amount by which capital outlays ($6,268,764) exceeded depreciation ($1,359,120) and loss on sale of assets ($14,885) in the current 4,894,759 Capital assets contributed by developers are not a source of financial resources and thus, are not recognized in the governmental funds. 5,200 Some property tax revenue in the statement of activities that does not provide current fmancial resources is not reported as revenue in the funds. 545,525 Repayment of long-term debt principal is an expenditure in the governmental funds, but the repayment reduces long-term debt in the statement of net assets. 440,000 In the statement of activities, accrued vacation is measured by the amounts earned during the year. In governmental funds, however, expenditures for these items are measured by the amount of financial resources used. This is the amount by which benefits earned exceeded benefits paid in the current year. (106,846) Interest expense accrued but not paid reported in the statement of activities does not require the use of current fmancial resources and therefore is not reported as expenditures in governmental funds. 6,233 Change in net assets of governmental activities $ 4,859,123 See Notes to Financial Statements 32 CITY OF MERIDIAN, IDAHO STATEMENT OF NET ASSETS -PROPRIETARY FUND SEPTEMBER 30, 2009 ASSETS CURRENT ASSETS Cash and cash equivalents Investments Receivables Accounts (net of $36,000 allowance for uncollectibles) Interest Prepaid items Total current assets NONCURRENT ASSETS Capital assets Land Construction in progress Buildings and improvements other than buildings Sewer and water lines Machinery and equipment Less accumulated depreciation LIABILITIES AND NET ASSETS CURRENT LIABILITIES Accounts payable Accrued payroll and taxes Accrued vacation, current portion Customer deposits Total current liabilities NONCURRENT LIABILITIES Accrued vacation -less current portion NET ASSETS Invested in capital assets, net of related debt Unrestricted Total net assets TOTAL LIABILITIES AND NET ASSETS Enterprise Fund Water and Sewer $ 1,604,573 27,162,387 2,380,236 91,038 337,597 31,575,831 951,656 32,334,860 25,241,141 129,717,541 18,976,331 (36,259,892) $ 202,537,468 $ 2,114,889 176,196 15,665 115,369 2,422,119 140,985 170,961,637 29,012,727 199,974,364 $ 202,537,468 See Notes to Financial Statements 33 CITY OF MERIDIAN, IDAHO STATEMENT OF REVENUES, EXPENSES, AND CHANGES IN FUND NET ASSETS- PROPRIETARY FUND YEAR ENDED SEPTEMBER 30, 2009 Enterprise Fund Water and Sewer OPERATING REVENUES Charges for services Water revenues $ 5,862,448 Sewer revenues 7,862,962 Sale of meters 153,663 Latecomers fees - Trash billing service 475,587 Engineering fees 71,828 Miscellaneous 243,804 Total operating revenues 14,670,292 OPERATING EXPENSES Personnel services 4,631,746 Other services and charges 2,087,738 Depreciation 4,316,283 Supplies 1,404,316 Heat, lights and power 883,971 Total operating expenses 13,324,054 OPERATING INCOME 1,346,238 NONOPERATING REVENUES (EXPENSES) Interest revenue 672,301 Connection assessment fees and donations 3,423,956 Loss on sale of fixed assets - Net increase in fair value of investments 235,220 Total nonoperating revenues (expenses) 4,331,477 INCOME BEFORE CONTRIBUTIONS AND TRANSFERS 5,677,715 Donated waterlines and sewerlines 2,238,512 Operating transfers out (1,033,718) CHANGE IN NET ASSETS 6,882,509 NET ASSETS, BEGINNING OF YEAR 193,091,855 NET ASSETS, END OF YEAR $ 199,974,364 See Notes to Financial Statements 34 CITY OF MERIDIAN, IDAHO STATEMENT OF CASH FLOWS-PROPRIETARY FUND YEAR ENDED SEPTEMBER 30, 2009 Enterprise Fund Water and Sewer CASH FLOWS FROM OPERATING ACTIVITIES Receipts from customers and users $ 14,294,883 Payments to suppliers (5,045,703) Payments to employees (4,570,584) NET CASH PROVIDED BY OPERATING ACTIVITIES 4,678,596 CASH FLOWS FROM NONCAPITAL FINANCING ACTIVITIES Operating transfer to general fund (1,033,718) NET CASH USED BY NONCAPITAL FINANCING ACTIVITIES (1,033,718) CASH FLOWS FROM CAPITAL AND RELATED FINANCING ACTIVITIES Connection assessment fees 3,423,956 Proceeds from sale of capital assets - Acquisition of capital assets (6,064,723) NET CASH USED BY CAPITAL AND RELATED FINANCING ACTIVITIES (2,640,767) CASH FLOWS FROM INVESTING ACTIVITIES Purchase of investments (23,919,001) Sale of investments 21,706,363 Interest received 773,730 NET CASH USED BY INVESTING ACTIVITIES (1,438,908) NET DECREASE IN CASH (434,797) CASH, BEGINNING OF YEAR 2,039,370 CASH, END OF YEAR $ 1,604,573 See Notes to Financial Statements 35 CITY OF MERIDIAN, IDAHO STATEMENT OF CASH FLOWS-PROPRIETARY FUND YEAR ENDED SEPTEMBER 30, 2009 RECONCILIATION OF OPERATING INCOME TO NET CASH PROVIDED BY OPERATING ACTIVITIES Enterprise Fund Water and Sewer Operating income $ 1,346,238 Adjustments to reconcile operating income to net cash provided by operating activities Depreciation 4,316,283 Changes in assets and liabilities Accounts receivable (375,409) Due from other governments - Prepaid items (334,384) Accounts payable (260,877) Accrued payroll and taxes 61,162 Customer deposits (74,417) NET CASH PROVIDED BY OPERATING ACTIVITIES $ 4,678,596 SUPPLEMENTAL DISCLOSURE OF CASH FLOW INFORMATION Developer and customer contributed sewer and water lines $ 2,238,512 See Notes to Financial Statements 36 CITY OF MERIDIAN, IDAHO NOTE5 TO FINANCIAL STATEMENTS SEPTEMBER 30, 2009 NOTE 1-SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES City of Meridian, Idaho (the City) was incorporated August, 1903. The City operates under a mayor and council form of government and provides the following services as authorized by its charter: public safety (police and fire), community planning and development, parks and recreation, and general administrative services. The financial statements of the City have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to government units. The Governmental Accounting Standards Board (GASB) is the accepted standard-setting body for establishing governmental accounting and financial reporting principles. The significant accounting policies are described below. The accounting and reporting policies of the City relating to the funds included in the accompanying basic financial statements conform to generally accepted accounting principles applicable to state and local governments. Generally accepted accounting principles for local governments include those principles prescribed by the GASB, the American Institute of Certified Public Accountants in the publication entitled Audits of State and Local Governmental Units and by the Financial Accounting Standards Board (when applicable). As allowed in Section P80 of GASB's Cod cation of Governmental Accounting and Financial Reporting Standards, the City has elected not to apply to its proprietary activities Financial Accounting Standards Board Statements and Interpretations, Accounting Principles Board Opinions, and Accounting Research Bulletins of the Committee of Accounting Procedure issued after November 30, 1989. Financial Reporting Entity As required by generally accepted accounting principles, these basic financial statements present the City in conformance with GASB Statement No. 39, "Determining Whether Certain Organizations are Component Units. " Under Statement No. 39, component units are organizations that are included in the reporting entity because of the significance of their operational or financial relationships with the City. The component unit column in the combined financial statements is the financial data of the City's single component unit, the Meridian Development Corporation (MDC). MDC is a separate and distinct legal entity created by state statute. The directors of MDC are appointed by the Mayor and approved by the City Council. MDC provides urban development services for the citizens of the City. Complete financial statements can be obtained from the City of Meridian Division of Financial Management, 33 East Broadway Avenue, Meridian, Idaho. The City contributes to the multi-employer Public Employer Retirement System of Idaho (the System). The System is administered by the State of Idaho and the City is not the major participant in the plan; therefore, the plans financial statements are not included in this report. (continued on next page) 37 NOTES TO FINANCIAL STATEMENTS GOVERNMENT-WIDE AND FUND FINANCIAL STATEMENTS The government-wide fmancial statements (i.e., the statement of net assets and the statement of changes in net assets) report information on all of the nonfiduciary activities of the primary government. For the most part, the effect of interfund activity has been removed from these statements. Governmental activities, which normally are supported by taxes and intergovernmental revenues, aze reported separately from business-type activities, which rely to a significant extent on fees and charges for support. The statement of activities demonstrates the degree to which the direct expenses of a given function or segment is offset by program revenues. Direct expenses are those that aze cleazly identifiable with a specific function or segment. Program revenues include 1) charges to customers or applicants who purchase, use, or directly benefit from goods, services, or privileges provided by a given function or segment and 2) grants and contributions that aze restricted to meeting the operational or capital requirements of a particulaz function or segment. Taxes and other items not properly included among program revenues are reported instead as general revenues. Separate financial statements aze provided for governmental funds and proprietary funds. Major individual governmental funds and major individual enterprise funds aze reported as separate columns in the fund financial statements. MEASUREMENT FOCUS, BASIS OF ACCOUNTING, AND FINANCIAL STATEMENT PRESENTATION The government-wide financial statements aze reported using the economic resources measurement focus and the accrual basis of accounting, as aze the proprietary fund and fiduciary fimd financial statements. Revenues aze recorded when earned and expenses aze recorded when a liability is incurred, regazdless of the timing of related cash flows. Property taxes aze recognized as revenues in the year for which they aze levied. Grants and similaz items aze recognized as revenue as soon as all eligibility requirements imposed by the provider have been met. Governmental fund financial statements are reported using the current financial resources measurement focus and the mod~ed accrual basis of accounting. Revenues are recognized as soon as they aze both measurable and available. Revenues are considered to be available when they are collectible within the current period or soon enough thereafter to pay liabilities of the current period. For this purpose, the government considers revenues to be available if they aze collected within 60 days of the end of the current fiscal period Expenditures generally are recorded when a liability is incurred, as under accrual accounting. However, debt service expenditures, as well as expenditures related to compensated absences and claims and judgments, aze recorded only when payment is due. Property taxes, franchise taxes, licenses, and interest associated with the current fiscal period aze all considered to be susceptible to accrual and so have been recognized as revenues of the current fiscal period. Only the portion of special assessments receivable due within the current fiscal period is considered to be susceptible to accrual as revenue of the current period. All other revenue items aze considered to be measurable and available only when cash is received by the government. The City reports the following major governmental funds: General Fund -The General Fund is the general operating fund of the City. It is used for all financial resources except those required to be accounted for in another fund. (continued on next page) 38 NOTES TO FINANCIAL STATEMENTS Capital Projects Fund- The Capital Projects Fund is used to account for financial resources to be used for the acquisition or construction of major capital facilities (other than those financed by proprietary funds). The City reports the following major proprietary fund: Enterprise Fund -The Enterprise Fund is used to account for operations financed and operated in a manner similar to private business when the intent of the governing body is that costs (expenses, including depreciation) of providing goods or services to the general public on a continuing basis be financed or recovered primarily through user charges, or the governing body has decided that periodic determination of revenues earned, expenditures incurred, and/or net income is appropriate for capital maintenance, public policy, management control, accountability or other purposes. As a general rule, the effect of inter-fund activity has been eliminated from the government-wide financial statements. Exceptions to this general rule are charges between various functions of the government when elimination of these charges would distort the direct costs and program revenues reported for the various functions concerned. Amounts reported as program revenues include 1) charges to customers or applicants for goods, services, or privileges provided, 2) operating grants and contributions, and 3) capital grants and contributions, including special assessments. Internally dedicated resources are reported as general revenues rather than as program revenues. Proprietary funds distinguished operating revenues and expenses from non-operating items. Operating revenues and expenses generally result from providing services and products and delivering goods in connection with a proprietary fund's principal ongoing operations. The principal operating revenues of the City's enterprise funds are charges for services to customers for sales and services. The Water and Sewer Funds also recognizes as operating revenue the portion of connection assessment fees intended to recover the cost of connecting new customers to the system. Operating expenses for enterprise funds include the cost of sales and services, administrative expenses, and depreciation on capital assets. All revenues and expenses not meeting this definition are reported asnon-operating revenues and expenses. Cash and Cash Equivalents For purposes of the statement of cash flows, the proprietary funds consider all highly liquid investments with a maturity of three months or less when purchased to be cash equivalents. Investments Idaho Code provides authorization for the investment of funds as well as specific direction as to what constitutes an allowable investment. City policy is consistent with this direction. The City currently invests in interest bearing bank accounts, certificates of deposit and U.S. Government and U.S. Government Agency bonds. Property Taxes Receivable and Deferred Revenue Within the governmental fund financial statement, property taxes are recognized as revenue when the amount of taxes levied is measurable, and proceeds are available to finance current period expenditures. (continued on next page) 39 NOTES TO FINANCIAL STATEMENTS Available tax proceeds include property tax receivables expected to be collected within sixty days after year end. Property taxes attach as liens on properties on January 1, and are levied in September of each year. Tax notices are sent to taxpayers during November, with tax payments scheduled to be collected on or before December 20. Taxpayers may pay all or one half of their tax liability on or before December 20, and if one half of the amount is paid, they may pay the remaining balance by the following June 20. Since the City is on a September 30 fiscal year end, property taxes levied during September for the succeeding year's collection are recorded as deferred revenue at the City's year end and recognized as revenue in the following fiscal year. Ada. County bills and collects taxes for the City. Customer Services Receivable Amounts owed to the City for customer services are due from area residents and businesses and relate to water, sewer and trash services provided by the City. Capital Assets Capital assets, which include property, plant, equipment, and infrastructure assets (e.g., roads, bridges, sidewalks, and similar items) are reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Capital assets are defined by the government as assets with an initial, individual cost of more than $5,000 and an estimated useful life in excess of three years. All material fixed assets are valued at cost. Donated fixed assets are valued at their estimated fair value on the date donated. Public domain fixed assets consisting of roads, bridges, streets and sidewalks, and lighting systems are also reported in the applicable governmental or business-type activities columns in the government-wide financial statements. Depreciation is recorded by use of the straight-line method. The book value of each asset is reduced by equal amounts over its estimated useful life as follows: Buildings Sewer plant Sewer and water lines Improvements other than buildings Equipment Public domain infrastructure Estimated Useful Life (Years) 30 25 50 10-50 5-20 40 Maintenance, repairs and minor renewals are charged to operations as incurred. When an asset is disposed of, accumulated depreciation is deducted from the original cost, and any gain or loss arising from its disposal is credited or charged to operations. Major outlays for capital assets and improvements are capitalized as projects are constructed. Interest costs incurred during construction of capital assets of business-type activities are capitalized when they are material. There were no interest costs included as part of the costs of capital assets under construction in the current year. (continued on next page) 40 NOTES TO FINANCIAL STATEMENTS Compensated Absences Payable The City provides vacation and sick leave to its full-time employees. Earned vacation is paid to employees when taken or paid to employees or beneficiazies upon the employees' termination, retirement or death. The City does not pay earned sick pay upon the employees' termination, retirement or death for non-union employees. The fire department union members are paid ten percent of their sick leave accrual upon the employees' termination, retirement or death. The amount of unused vacation accumulated by City employees is accrued as expense when incurred in the Proprietary Fund, which use the accrual basis of accounting. In the Governmental Funds, only the amount that normally would be liquidated with expendable available financial resources is accrued as current yeaz expenditures. Unless it is anticipated that compensated absences will be used in excess of a normal yeaz's accumulation, no additional expenditures aze accrued. Capital Leases The City is the lessee under a capital lease and trust agreement with Wells Fargo Bank for the law enforcement building. Under the terms of the agreement the City constructed the project on behalf of the lessor. The lease requires annual payments. The City will acquire the asset at the end of the lease for a bazgain purchase price of $1. Risk Management The City is exposed to various risks of loss related to theft of, damage to, or destruction of assets. The City participates in a public entity risk pool, Idaho Counties Risk Management Pool (ICRMP), for liability, medical and disability insurance. The City's exposure to loss from its participation in ICRMP is limited only to the extent of their deductible. Equity In the fund financial statements, reservations of fund balance represent amounts that are not appropriable or aze legally segregated for a specific purpose. Reservations of retained earnings aze limited to enabling legislation or outside third- party restrictions. Designations of fund balance represent tentative management plans that are subject to change. The proprietary fund's contributed capital represents equity acquired through capital grants and capital contributions from developers, customers or other funds. It is the government's policy to first apply restricted resources when an expense is incurred for purposes for which both restricted and unrestricted net assets are available, unless otherwise required. The City has established reserves to account for the resources received from impact fees to be used for future police, fire and pazk development. The City has also established a reserve for the police center and has designated funds for future fire and police capital purchases. In the government-wide financial statements, restrictions of net assets aze limited to enabling legislation or outside third-party restrictions. As of September 30, 2009, $3,881,853 of the restricted net assets was restricted due to enabling legislation. Encumbrances Encumbrance accounting, under which purchase orders, contracts, and other commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not employed by the City. (continued on next page) 41 NOTES TO FINANCIAL STATEMENTS Estimates The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect certain reported amounts and disclosures. Accordingly, actual results could differ from those estimates. NOTE 2 -CASH AND INVESTMENTS Cash and investments as of September 30, 2009 are classified in the accompanying financial statements as follows: Cash and cash equivalents $ 3,073,583 Cash and cash equivalents -restricted 749,881 Total cash and cash equivalents $ 3,823,464 Investments carried at fair value $ 41,425,289 Investments -restricted carried at fair market value 1,521,474 Investments carried at amortized cost 4,143,894 $ 47,090,657 The investments carried at their amortized cost are certificates of deposit as of September 30, 2009. Investments Authorized by the State ofldaho and the City of Meridian's Investment Policy Investment types that are authorized for the City of Meridian by the Idaho Code and the City's investment policy are as follows: 1. Local and State Agency Bonds 2. U. S. Agency Bonds 3. U. S. Agency Securities 4. Certificates of Deposit Disclosures Relating to Interest Rate Risk Interest rate risk is the risk that changes in market interest rates will adversely impact the fair value of an investment. Generally, the longer the maturity of an investment the greater the sensitivity of its fair value to changes in market interest rates. One of the ways the City manages its exposure to interest rate risk is by purchasing a combination of long and short-term investments. The City keeps funds needed for operations in short-term liquid investments while maintaining a stable longer-term investment portfolio with duration matched to expected completion of capital projects. Generally, overall portfolio duration is maintained between 3 and 3.5, but the City has no specific limitations. (continued on next page) 42 NOTES TO FINANCIAL STATEMENTS Disclosures Relating to Credit Risk Generally, credit risk is the risk that an issuer of an investment will not fulfill its obligation to the holder of the investment. This is measured by the assignment of a rating by a nationally recognized statistical rating organization. The City's investment policy requires a rating of A or better by Standard & Poor's or other nationally recognized rating agency. The ratings of investments subject to credit risk are as follows: Disclosures Relating to Credit Risk Investments subject to credit risk: Fair Value $ 28,060,019 14,886,742 2,341,475 Rating AAA AAAf Not rated Agency Bonds Idaho Local Government Investment Pool (LGIP) Money Market Fund Total deposits and investments subject to duration measurement $ 45,288,236 Concentration of Credit Risk Deposit and investments subject to duration measurement: Fair Value Duration Agency Bonds Certificates of Deposit Idaho Local Government Investment Pool (LGIl') Total deposits and investments subject to duration measurement Deposits and investments not subject to duration measurement: Money Market Fund Other Cash and Cash Equivalents Total deposits and investments not subject to duration measurement Total deposits and investments $ 28,060,019 4,143,894 14,886,742 47,090,655 2,341,475 1,481,991 3,823,466 $ 50,914,121 3.4 1.9 0.1 2.2 (continued on next page) 43 NOTES TO FINANCIAL STATEMENTS The City's investment policy has no limitations on the amount that can be invested in any one issuer. Investments in any one issuer (other than State investment pools) that represents 5% or more of total City investments are as follows: Issuer Federal Home Loan Bank Fannie Mae Freddie Mac Federal Farm Credit Bank Custodial Credit Risk Investment Type Reported Amount Percentage U.S.AgencyBond $ 9,780,327 21% U.S. Agency Bond 5,800,750 12% U.S. Agency Bond 7,085,111 15% U.5. Agency Bond 5,393,831 11% Custodial credit risk for deposits is the risk that, in the event of the failure of a depository financial institution, a government will not be able to recover its deposits or will not be able to recover collateral securities that are in possession of an outside party. The custodial credit risk for investments is the risk that in the event of the failure of the counterparty (e.g. broker-dealer) to a transaction, a government will not be able to recover the value of its investment or collateral securities that are in the possession of another party. The City does not have a policy restricting the amount of deposits and investments subject to custodial credit risk. At year end, the carrying amount of the City's deposits was $3,823,464 and the bank balance was $4,065,532.Of the bank balance, $1,324,043 was covered by federal depository insurance, $400,014 was insured under the Securities Investor Protection Corporation (SPIC) and $2,341,475 held in six distinct money market accounts with Charles Schwab as the custodian is covered by the Securities Investor Protection Corporation. None of the money market accounts exceed one million dollars. In addition to the SPIC protection Charles Schwab carries insurance with Lloyds of London in the event of a fraud or failure. No amount of the bank balance was uninsured. All cash is held in Bank of the Cascades, Wells Fargo National Bank, Washington Federal Savings Bank and Charles Schwab & Co located in Ada County, Idaho. The City minimizes exposure to custodial credit risk by requiring that investments, to the extent possible, be identified as to City of Meridian ownership and be held in the City's name. All commercial paper, agency bonds and money market funds are held in custody by Charles Schwab & Co. in the City's name. The City further reduces the exposure to credit risk by confining investment to insured levels in any one institution. Investment in State Investment Pools The City is a voluntary participant in the State of Idaho Local Government Investment Pool (LGIP) and the State of Idaho Diversified Bond Fund (DBF). Both the LGIP and the DBF are regulated by State of Idaho code under the oversight of the Treasurer of the State of Idaho. The rating of the LGIP as of September 30, 2009, was AAAf. The fair value of the City's investment in the pool is reported in the accompanying financial statements at amounts based on the City's pro-rata share of the fair market value provided by the fund for the entire portfolio. The DBF is not currently rated by a nationally recognized statistical rating organization. (continued on next page) 44 NOTES TO FINANCIAL STATEMENTS The LGIP and DBF are managed by the State of Idaho Treasurer's office. The funds of the pool are invested in certificates of deposit, repurchase agreements, and U.S. government securities. The certificates of deposit are federally insured. The U.S. government securities and the collateral for the repurchase agreements are held in trust by a safekeeping bank. Interest income earned on pooled investments is allocated to the various funds of the City in proportion to each fund's respective investment balances. NOTE 3 -DUE FROM OTHER GOVERNMENTAL UNITS The following snmm~ri~es the intergovernmental receivables at September 30, 2009: State of Idaho State Liquor Dispensary $ 89,949 State Tax Commission 716,316 Idaho Transportation Department 4,400 Workers Comp 736 Federal agencies 78,142 Other Governmental Agencies 1,000 Meridian Rural Fire District 398,126 Boise Fire Department 870 Ada County 174,253 Total due from other governmental units $ 1,463,792 (continued on next page) 45 NOTES TO FINANCIAL STATEMENTS NOTE 4 -CAPITAL ASSETS Changes to capital assets are as follows: Governmental activities: Capital assets, not depreciated: Land Construction in progress Total capital assets, not depreciated Capital assets, depreciated: Buildings Improvements other than buildings Equipment Total capital assets, depreciated Less accumulated depreciation for: Balance Balance Oct. 1, Sept. 30, 2008 Additions Deletions Transfers 2009 $ 13,043,410 $ 1,209,612 $ - $ - $ 14,253,022 32,091,073 3,562,959 - (4,909,649) 30,744,383 45,134,483 4,772,571 6,531,630 24,799 (4,909,649) 44,997,405 - 6,556,429 5,678,390 63,721 - 4,907,549 10,649,660 7,158,866 1,412,874 186,710 2,100 8,387,130 19,368,886 1,501,394 186,710 4,909,649 25,593,219 Buildings 1,803,427 225,198 - - 2,028,625 Improvements other than buildings 1,774,307 336,875 ~ - - 2,111,182 Equipment 4,133,661 797,047 171,824 - 4,758,884 Total accumulated depreciation 7,711,395 1,359,120 171,824 - 8,898,691 Total net capital assets, depreciated 11,657,491 142,274 14,886 4,909,649 16,694,528 Governmental activities capital assets, net $ 56,791,974 $ 4,914,845 $ 14,886 $ - $ 61,691,933 (continued on next page) 46 NOTES TO FINANCIAL STATEMENTS Business-type activities Capital assets, not depreciated: Land Construction in progress Total capital assets, not depreciated Capital assets, depreciated: Buildings and improvements other than buildings Sewer and water lines Machinery and equpment Total capital assets, depreciated Balance Balance Oct. 1, Sept. 30, 2008 Additions Deletions Transfers 2009 $ 947,113 $ 4,543 $ - $ 951,656 33,880,558 4,800,417 - (6,346,115) 32,334,860 34,827,671 4,804,960 - (6,346,115) 33,286,516 22,648,927 46,565 123,873,030 2,667,721 17,568,666 783,989 164,090,623 3,498,275 - 2,545,649 25,241,141 - 3,176,790 129,717,541 623,676 18,976,331 - 6,346,115 173,935,013 Less accumulated depreciation for: Buildings and improvements other than buildings 9,218,594 745,674 - 9,964,268 Sewer and water lines 16,766,856 2,579,014 - 19,345,870 Machinery and equpment 5,958,159 991,595 - 6,949,754 Total accumulated depreciation 31,943,609 4,316,283 - - 36,259,892 Total net capital assets, depreciated 132,147,014 (818,008) - 6,346,115 137,675,121 Business-type activities capital assets, net $ 166,974,685 $ 3,986,952 $ - $ - $ 170,961,637 Depreciation expense was charged to functions/programs of the City as follows: Governmental activities: General government $ 101,333 Public safety 834,832 Community planning and development 12,338 Parks and recreation 410,617 Total depreciation expense -governmental activities $ 1,359,120 Business-type activities: Water and Sewer $ 4,316,283 Total depreciation expense -business-type activities $ 4,316,283 (continued on next page) 47 NOTES TO FINANCIAL STATEMENTS NOTE 5 - INTERFUND BALANCES AND TRANSFERS The following transfers were made for the purpose of funding operations: Transfer In: Capital General Projects Fund Fund Total Transfer out: General fund $ - $ 1,000,000 $ 1,000,000 Enterprise fund 1,033,718 - 1,033,718 Total transfers $ 1,033,718 $ 1,000,000 $ 2,033,718 The transfers from the general fund to the capital projects fund was to cover the expenditures related to the construction of the new city hall. The transfer from the enterprise fund to the general fund was related to personnel and operating costs that were paid by the general fund during FY2009. As of September 30, 2009, there were no internal balances due to or from other funds. NOTE 6 - CHANGES IN LONGTERM DEBT The City is the lessee under a capital lease and trust agreement with Wells Fargo Bank for the law enforcement building. Under the terms of the agreement the City constructed the project on behalf of the lessor. The lease requires annual payments. At the end of the lease, the City has the option to purchase the facility for $1. The lease has a term often years with annual principal payments of $405,000 to $475,000 and interest rates of 4.0% to 4.5%. The following is a summary of changes in long-term debt of the City for the year ended September 30, 2009. Governmental activities: Capital leases Building Accrued vacation Governmental activities long-term liabilities Business-type activities: Accrued vacation Balance Due Oct.l, Debt Debt Sept. 30, Within 2008 Issued Retired 2009 One Year $ 1,370,000 890,509 106,846 $ 440,000 $ 930,000 $ 455,000 - 997,355 99,736 $ 2,260,509 $ 106,846 $ 440,000 $ 122,923 $ 33,727 $ 1,927,355 $ 554,736 $ 156,650 $ 15,665 (continued on next page) 48 NOTES TO FINANCIAL STATEMENTS The future minimum lease obligation and the net present value of the minimum lease payments as of September 30, 2009 are as follows: Fiscal Year Principal Interest Total 2010 $ 455,000 $ 41,850 $ 496,850 2011 475,000 21,375 496,375 $ 930,000 $ 63,225 $ 993,225 The City leases the law enforcement building under anon-cancelable capital lease. The cost and accumulated depreciation by funds/account activity group are as follows at September 30, 2009: Accumulated Cost Depreciation Governmental activities $ 3,582,021 $ 845,744 NOTE 7 -LEASE AGREEMENTS The City leases land, office equipment, and a tower under operating leases. The various lease agreements cover various periods starting February 1, 1999 through August 30, 2013 and the minimum annual payments range from $1,363 to $14,532. Total rental expense in FY2009 for all operating leases was approximately $60,090. Future minimum annual lease payments for operating leases with remaining lease terms in excess of one year are as follows: 2010 $ 59,660 2011 48,707 2012 35,063 2013 20,691 2014 15,895 Total minimum obligations $ 180,016 NOTE 8 -DEFINED BENEFIT PENSION PLAN Public Employee Retirement System of Idaho (PERSI) -The PERSI Base Plan, a cost sharing multiple-employer public retirement system, was created by the Idaho State Legislature. It is a defined benefit plan requiring that both the member and the employer contribute. The Plan provides benefits based on members' years of service, age, and compensation. In addition, benefits are provided for disability, death, and survivors of eligible members or beneficiaries. The authority to establish and amend benefit provisions is established in Idaho Code. Designed (continued on next page) 49 NOTES TO FINANCIAL STATEMENTS as a mandatory system for eligible state and school district employees, the legislation provided for other political subdivisions to participate by contractual agreement with PERSI. Financial reports for the plan aze available on the PERSI website or in print upon request. After 5 yeazs of credited service, members become fully vested in retirement benefits earned to date. Members aze eligible for retirement benefits upon attainment of the ages specified for their employment classification. For each month of credited service, the annual service retirement allowance is 2.0% (2.3% police/firefighter) of the average monthly salary for the highest consecutive 42 months. The contribution requirements of the City of Meridian and its employees aze established and may be amended by the PERSI Board of Trustees. For the yeaz ended September 30, 2009, the required contribution rate as a percentage of covered payrolls for members was 6.23% for general members and 7.65% for police/firefighters. The employer rate as a percentage of covered payroll was 10.39% for general members and 10.73% for police/firefighter members. For PERSI's yeaz ended June 30, 2009, the required contribution rates, as determined by PERSI, are as follows: General Member Police and Fire Member Employee 6.23% 7.65% Employer 10.39% 10.73% Contributions required and paid for the last three years were: FY2007 $ 1,364,374 $ FY2008 FY2009 1,537,725 1,699,494 (continued on next page) 50 NOTES TO FINANCIAL STATEMENTS NOTE 9 -OTHER COMMITMENTS The City has the following commitments at September 30, 2009: Commitment ACHD AME Electric Carollo Engineers CH2M Hill Challenger Company Purpose of Agreement cooperative agreements for water and sewer lines waterline pressure valve SCADA install biosolids improvement at Wastewater Plant engineering services for water and sewer projects well #27 construction Amnunt $ 66,019 13,969 17,417 192,034 229,986 130,209 133,515 63,878 36,228 1,003,337 197,912 2,009,892 19,700 23,853 43,730 13,000 Civil Survey engineering services for water and sewer projects DC Engineering engineering services for water and sewer projects Ewing Co biosolids improvement at Wastewater Plant HDR Engineering engineering services for water and sewer projects Hillside Landscape Heroes Park construction Hydo Logic hydrogeologic engineering service for water projects JC Constructors wastewater plant expansion projects JUB Engineers engineering services for water and sewer projects Murray, Smith well #23 engineering services Pipeline Inspection sewerline cleaning and inspections service SPF Water Engineer well #9 rehab engineering service Total Commitments NOTE 10 -CONTINGENT LIABILITIES $ 4,194,679 The City has been named as a defendant in various legal actions, the results of which are not presently determinable. However, in the opinion of the City Attorney, the amount of losses that might be sustained, if any, would not materially affect the City's financial position. Under the terms of federal and state grants, periodic audits are required and certain costs may be questioned as not being appropriate expenditures under the terms of the grants. Any disallowed claims, including amounts already collected, could become a liability of the City. City management believes disallowances, if any, will not be material. NOTE 11-COMPONENT UNIT The Meridian Development Corporation (MDC) is created by and exists under the Idaho Urban Renewal Law of 1965, as amended, and is a separate and legal entity. The following is a summary of the disclosures required for a fair presentation of the component unit in the City's financial statements. (continued on next page) 51 NOTES TO FINANCIAL STATEMENTS Cash At year end, the bank balance and carrying amount of deposits, reported as cash was $180,058, of which $0 was uninsured and uncollateralized and exposed to custodial credit risk. All cash is held in a financial institution located in Idaho. MDC also participates in the State of Idaho Local Government Investment Pool (LGIP). The amount invested in the LGIP is considered a cash equivalent and as of September 30, 2009 was $605,140. The pool is an internal investment pool managed by the State Treasurer's Office on behalf of participants. The LGIP is apart of the Joint Powers Investment Pool managed by the State of Idaho Treasurer's Office and was established as a cooperative endeavor to enable public entities of the State of Idaho to aggregate funds for investment. This pooling is intended to improve administrative efficiency and increase investment yield. The funds of the Pool are invested in certificates of deposit, repurchase agreements, and U.S. government securities. The certificates of deposit are federally insured. The U.S. government securities and the collateral for the repurchase agreements are held in trust by a safekeeping bank. An annual audit of the Joint Powers Investment Pool is conducted by the State Legislative Auditors Office. The Legislative Auditor of the State of Idaho has full access to the records of the Pool. The amount invested in the LGIP is considered a cash equivalent and as of September 30, 2009 was $605,140. For purposes of efficient cash flow management and the management of temporary investments, MDC utilizes the LGIP for its cash. Investments Authorized by the State of Idaho and NIDC s Investment Policy Investment types that are authorized for MDC by the Idaho Code and MDC's investment policy are as follows: 1. Local and State Agency Bonds 2. U. S. Agency Bonds 3. U. S. Agency Securities 4. Time Deposit Accounts Credit Risk Credit risk is the risk that an issuer of debt securities or another counterparly to an investment will not fulfill its obligation is commonly expressed in terms of the credit quality rating issued by a nationally recognized statistical rating organization such as Moody's, Standard & Poor's and Fitch's. MDC's investment policy requires a rating of A or better by Standard & Poor's or other nationally recognized rating agency. The rating of the LGIP as of September 30, 2009 was AAAf. Interest Rate Risk Interest rate risk is the risk that the changes in market interest rates will adversely impact the fair value of an investment. Generally, the longer the maturity of an investment the greater the sensitivity of its fair value to change in market interest rates. The Board is invested in LGIP and does not have a policy concerning maturities of investments. The LGIP had a weighted average maturity of 50 days as of September 30, 2009. (continued on next page) 52 NOTES TO FINANCIAL STATEMENTS Custodial Credit Risk For deposits and investments, custodial credit risk is the risk that, in the event of the failure of the counterparty, the Board will not be able to recover the value of its deposits, investments or collateral securities that are in the possession of an outside party. The Board does not have a policy for custodial credit risk outside of the deposit and investment agreements. Concentration of Credit Risk When investments are concentrated in one issuer, this concentration represents heightened risk of potential loss. No specific percentage identifies when concentration risk is present. The Governmental Accounting Standards Board has adopted a principal that governments should provide note disclosure when five percent of the total entities investments are concentrated in any one issuer. Investments in obligations specifically guaranteed by the U.S. government, mutual funds, and other pooled investments are exempt from disclosure. MDC places no limit on the amount it may invest in any one issuer. Capital Assets Changes to capital assets are as follows: Governmental Activities: Capital assets, not depreciated: CIl' Land Total capital assets, not depreciated Capital assets, depreciated: Buildings Less accumulated depreciation for: Buildings Total net capital assets, depreciated Governmental activities capital assets, net Balance Oct. 1, ~~~o Balance Sept. 30, Additions Deletions 2009 $ 33,388 $ 6,225 $ - $ 39,613 1,138,675 172,683 - 1,311,358 1,172,063 178,908 - 1,350,971 - 502,517 - 502,517 - 8,375 - 8,375 - 494,142 - 494,142 $ 1,172,063 $ 673,050 $ - $ 1,845,113 (continued on next page) 53 NOTES TO FINANCIAL STATEMENTS Long-term debt MDC has a $500,000 promissory note with the Bank of the Cascades to acquire property for redevelopment and public parking. The note was issued October 16m, 2007 and has a maturity date of November 1St, 2017. The note has an interest rate of 5.115 % and requires monthly payments of $3,332 and is collateralized with future tax revenues. The following is a summary of changes in long-term debt of MDC for the year ended September 30, 2009. Governmental Activities: Note Payable Building Governmental activities long-term liabilities The future debt service payments are as follows: Fiscal Year 2010 2011 2012 2013 2014 2015 - 2018 Totals Related Party Balance Balance Oct. 1, Sept. 30, 2008 Debt Issued Debt Retired 2009 $ 487,702 $ - $ 17,242 $ 470,460 $ 487,702 $ - $ 17,242 $ 470,460 Principal Interest Total $ 16,206 17,054 17,885 18,884 19,873 380,558 $ 470,460 $ 23,782 22,933 22,102 21,103 20,114 55,307 $ 165,341 $ 39,988 39,987 39,987 39,987 39,987 435,865 $ 635,801 Until September 2009 MDC contracted with the City of Meridian to provide accounting services. Pursuant to their agreement MDC paid the City of Meridian $7,500 for the year. As of September 30, 2009 total expenditures were $7,500. MDC also partners with the City for various downtown improvements. As of September 30, 2009 total expenditures were $34,800. In addition, MDC has a contract with V&G Ventures, LLC for administrative services through the end of Fiscal Year 2009. Pursuant to the agreement, MDC pays $10,417 per month, and total expenses for the year were $125,000, of which $10,417 was outstanding as a payable as of September 30, 2009. 54 CITY OF MERIDIAN, IDAHO REQUIRED SUPPLEMENTARYINFORMATION CITY OF MERIDIAN, IDAHO SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE -BUDGET AND ACTUAL -GENERAL FUND YEAR ENDED SEPTEMBER 30, 2009 Budgeted Amounts Variance Actual With Original Final Amounts Final Budget REVENUES Taxes $ 17,231,000 $ 17,231,000 $ 17,060,769 $ (170,231) Licenses and permits 3,071,450 3,071,450 2,336,626 (734,824) Intergovernmental 5,385,886 5,582,441 5,401,190 (181,251) Franchise fees 1,276,400 1,276,400 1,510,674 234,274 Fines and forfeitures 500,000 500,000 436,655 (63,345) Charges for services 2,151,000 2,161,754 1,807,356 (354,398) Interest ~ 412,500 412,500 446,617 34,117 Miscellaneous 4;000 197,021 286,027 89,006 Total revenues 30,032,236 30,432,566 29,285,914 (1,146,652) EXPENDITURES General government 4,725,990 5,651,169 4,673,496 977,673 Public safety Police 9,832,067 9,876,203 8,863,498 1,012,705 Fire 7,207,186 7,221,135 6,886,980 334,155 Parks and recreation 2,163,960 2,201,890 2,044,518 157,372 Community planning and development 3,433,199 3,330,449 2,183,611 1,146,838 Debt service Principal 405,000 405,000 440,000 (35,000) Interest 94,600 94,600 60,550 34,050 Capital outlay General government 1,409,452 985,980 291,120 694,860 Public safety Police 527,500 542,342 283,915 258,427 Fire 1,059,950 1,072,568 1,012,070 60,498 Parks and recreation 3,354,107 3,624,740 2,304,776 1,319,964 Community planning and development 195,298 195,298 44,350 150,948 Total expenditures 34,408,309 35,201,374 29,088,884 6,112,490 EXCESS (DEFICIENCY) OF REVENUES OVER (iJNDER) EXPENDITURES (4,376,073) (4,768,808) 197,030 4,965,838 55 CITY OF MERIDIAN, IDAHO SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE -BUDGET AND ACTUAL -GENERAL FUND YEAR ENDED SEPTEMBER 30, 2009 Budgeted Amounts Original Final Actual Amounts Variance With Final Budget OTHER FINANCING SOURCES (USES) Operating transfer in 1,358,198 358,198 1,033,718 675,520 Operating transfer out (31,431) (31,431) (1,000,000) (968,569) Unrealized gain(loss) on investments - - 143,082 143,082 Gain on sale of capital assets - - 18,001 18,001 Total other financing sources (uses) 1,326,767 326,767 194,801 (131,966) EXCESS (DEFICIENCY) OF REVENUES AND OTHER SOURCES (USES) OVER (UNDER) EXPENDITURES (3,049,306) (4,442,041) 391,831 4,833,872 FUND BALANCE, BEGINNING OF YEAR 21,461,305 21,461,305 21,461,305 - FUND BALANCE, END OF YEAR $ 18,411,999 $ 17,019,264 $ 21,853,136 $ 4,833,872 56 CITY OF MERIDIAN, IDAHO NOTES TO REQUIRED SUPPLEMENTARY INFORMATION SEPTEMBER 30, 2009 Budgets and Budgetary Accounting The City follows these procedures in establishing the budgetary data reflected in the financial statements: Prior to September 1, the Finance Officer, Mayor and City Council prepaze a proposed operating budget for the fiscal year commencing on October 1. The operating budget includes proposed expenditures and the means of financing them. Public hearings are conducted at City Hall to obtain taxpayer comments. Prior to October 1, the budget is legally enacted through passage of an ordinance. Budgets aze adopted on a basis consistent with generally accepted accounting principles (GAAP) for the general fund. Budgets for enterprise funds aze not legally required but aze adopted on a non-GAAP basis. All annual appropriations lapse at fiscal year end Revisions that alter the total expenditure appropriation of any fund must be approved by the City Council. State law does not allow fund expenditures to exceed fund appropriations. The budget presented in the report has been amended. Formal budgetary integration is employed as a management control device during the year for all funds. 57 CITY OF MERIDIAN, IDAHO OTHER INFORMATION CITY OF MERIDIAN, IDAHO SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE -BUDGET AND ACTUAL -CAPITAL PROJECTS FUND YEAR ENDED SEPTEMBER 30, 2009 Budgeted Amounts Variance Actual With Original Final Amounts Final Budget REVENUES Interest $ - $ - $ 14,523 $ 14,523 Miscellaneous - Total revenues - - 14,523 14,523 EXPENDITURES General government - - - - Capital outlay General government 6,431,938 2,996,049 2,332,533 663,516 Total expenditures 6,431,938 2,996,049 2,332,533 663,516 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES (6,431,938) (2,996,049) (2,318,010) 678,039 OTHER FINANCING SOURCES (USES) Operating transfer in - 1,000,000 1,000,000 - Operating transfer out - - - - Unrealized gain(loss) on investments - - 431 431 Gain(Loss) on Sale of capital assets - - - - Total other financing sources (uses) - 1,000,000 1,000,431 431 EXCESS (DEFICIENCY) OF REVENUES AND OTHER SOURCES (USES) OVER (UNDER) EXPENDITURES (6,431,938) (1,996,049) (1,317,579) 678,470 FUND BALANCE, BEGII~TNING OF YEAR 1,875,566 1,875,566 1,875,566 - FUND BALANCE, END OF YEAR $ (4,556,372) $ (120,483) $ 557,987 $ 678,470 58 CITY OF MERIDIAN, IDAHO SCHEDULE OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE -BUDGET AND ACTUAL -BUSINESS-TYPE ACTIVITIES YEAR ENDED SEPTEMBER 30, 2009 Budgeted Amounts Variance Actual With Original Final Amounts Final Budget REVENUES Water sales $ 5,644,000 $ 5,644,000 $ 5,862,448 $ 218,448 Sewer sales 7,059,960 7,059,960 7,862,962 803,002 Sale of meters 200,000 200,000 153,663 (46,337) Trash billing service - 480,000 475,587 (4,413) Engineering fees - - 71,828 71,828 Assessment revenue and cash donations 3,530,000 4,030,000 3,423,956 (606,044) Interest 600,000 600,000 672,301 72,301 Miscellaneous 400,000 400,000 243,804 (156,196) Total revenues 17,433,960 18,413,960 18,766,549 352,589 EXPENDITURES Administration 2,898,117 2,969,291 2,581,626 387,665 Water 5,055,409 5,418,409 4,670,876 747,533 Wastewaer 6,832,137 7,272,491 6,071,552 1,200,939 Capital outlay 19,653,781 16,970,577 5,767,636 11,202,941 Water Wastewater Capital reimbursements - - 297,087 (297,087) less depreciation (4,276,965) (4,276,965) (4,316,283) 39,318 Total expenditures 30,162,479 28,353,803 15,072,494 13,281,309 EXCESS (DEFICIENCY) OF REVENUES OVER (UNDER) EXPENDITURES OTHER FINANCING SOURCES (USES) Operating transfer in Operating transfer out Unrealized gain(loss) on investments Gain(loss) on Sale of capital assets Total other financing sources (uses) (12,728,519) (9,939,843) 3,694,055 13,633,899 (1,358,197) (1,358,197) (1,033,718) 324,479 - - 235,220 235,220 (1,358,197) (1,358,197) (798,498) 559,699 EXCESS (DEFICIENCY) OF REVENUES AND OTHER SOURCES (USES) OVER (UNDER) EXPENDITURES (14,086,716) (11,298,040) 2,895,557 14,193,598 FUND BALANCE, BEGINNING OF YEAR 26,117,170 26,117,170 26,117,170 - FUND BALANCE, END OF YEAR $ 12,030,454 $ 14,819,130 $ 29,012,727 $ 14,193,598 59 ~~ 1 EideBailly~ ~-~ ~~~BUS>N~~~s~>~ INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL OVER FINANCIAL REPORTING AND ON COMPLIANCE AND OTHER MATTERS BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH G O VE R NME N T A UD I TI N G S TA ND A R D S Mayor and Members of the City Council City of Meridian, Idaho Meridian, Idaho We have audited the accompanying financial statements of the governmental activities, the business-type activities, the discretely presented component unit, and each major fund of City of Meridian, Idaho, as of and for the year ended September 30, 2009, which collectively comprise the City of Meridian, Idaho's basic financial statements and have issued our report thereon dated February 17, 2010. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit, we considered City of Meridian, Idaho's internal control over financial reporting as a basis for designing our auditing procedures for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the City of Meridian, Idaho's internal control over financial reporting. Accordingly, we do not express an opinion on the effectiveness of the City of Meridian, Idaho's internal control over financial reporting. A control deficiency exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent or detect misstatements on a timely basis. A significant deficiency is a control deficiency, or combination of control deficiencies, that adversely affects the City of Meridian, Idaho's ability to initiate, authorize, record, process, or report financial data reliably in accordance with generally accepted accounting principles such that there is more than a remote likelihood that a misstatement of the City of Meridian, Idaho's financial statements that is more than inconsequential will not be prevented or detected by the City of Meridian, Idaho's internal control. A material weakness is a significant deficiency, or combination of significant deficiencies, that results in more than a remote likelihood that a material misstatement of the financial statements will not be prevented or detected by the City of Meridian, Idaho's internal control. www.eidebailly.com 60 877 W. Main St., Ste. 800 ~ Boise, ID 83702 5858 ~ T 208.344.7150 ~ F 208.344.7435 ~ EOE Our consideration of internal control over financial reporting was for the limited purpose described in the first paragraph of this section and would not necessarily identify all deficiencies in internal control that might be significant deficiencies or material weaknesses. We did not identify any deficiencies in internal control over financial reporting that we consider to be material weaknesses, as defined above. Compliance and Other Matters As part of obtaining reasonable assurance about whether City of Meridian, Idaho's fmancial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. This report is intended solely for the information and use of the audit committee, management, City Council and federal awarding agencies and pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. ~,~, «~ Boise, Idaho February 17, 2010 61 MERIDIAN CITY COUNCIL MEETING • • March 23, 2010 APPLICANT ITEM NO. REQUEST Finance Department: General Fund Revenue Report 7C AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: _ Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. 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The existing policy was drafted prior to the City having a Purchasing Department. The draft I have put together reflects my 22 years of experience as a Public Purchasing Officer. 1. The first and biggest change was to remove the procedures from the policy. Procedures are and should be a department defined process. As end users and other departments change their processes we will need to adapt. This needs to be fluid and not require Council decision. Policy on the other hand should be set by Council and agree with the law (Idaho Statutes). 2. The second biggest change was to give operational control of construction projects to the project managers. Construction projects and their respective budgets are approved by Council prior to the Purchasing Department going out for bid or letting of a contract. It is, and should be the joint responsibility of the Purchasing Department and Project Manager to ensure a contract is let within the Council approved Budget amount. Subsequently, any and all change orders should be let only if within and up to the previously approved Council budget and scope. These change orders should only require Purchasing and Project Manager approval if within the previously approved Council Budget and scope. It is the Purchasing Managers' and the Project Managers' joint responsibility to take ANY and ALL Change Orders to Council that exceed a previously approved budget amount and/or are outside of the originally contracted scope.. This process will speed up the time to contract, and approval of change orders which will save time and money as the examples below show. Change Order Example 1: Well 14 Piping Upgrade Piping upgrades were needed at Well 14 to allow us to pump the well into pressure zone 4 rather than pressure zone 3. The upgrades required excavation into the south travel lane of Overland Road. The contractor was to excavate, remove existing pipe fittings, and install new pipe and fittings. • • Upon excavation, the contractor discovered a concrete thrust block from previous construction. The thrust block was in the way of the new construction. The excavation also revealed that the existing pipe did not align exactly per plans. A change to plans was required including removal of the thrust block and installation of several ductile iron fittings that were not originally specified. Scenario 1-Approve change on site: • Sept 25 -Contractor, inspector, and project manager agree on changes needed and agree to pay supplier's price plus standard markup rates for work. Contractor scrambles to gather equipment and parts to perform the work. Inspector and project manager communicate with ACHD inspector and are able to extend their lane closure on Overland until the work is complete. Contractor completes required work that afternoon. Scenario 2 -Get council approval prior to work being done: • Sept 25 -Contract, inspector, and project manager agree that change to specifications is needed. Project manager needs to have cost of change order to submit to city council for approval. • Sept 25 -Contractor backfills excavation and restores road surface per ACHD requirement. • Sept 26 -Contractor provides change order costs to project manager including demobilization, remobilization, re-excavation, new right-of--way permit, and additional traffic control. • Sept 29 -Project manager submits change order paperwork to Purchasing for processing. • Oct 7 -City Council approves change order. This is the earliest date it could be scheduled. • Oct 8 -Contractor submits for new right-of-way permit from ACRD. The contractor might have to wait up to several weeks to get back into the right-of- way, but ACHD allows is the next day (best case scenario). • Oct 9 - Contractor completes work. Scenario 3 -Get council approval prior to work being done: • Sept 25 -Contract, inspector, and project manager agree that change to specifications is needed. Project manager needs to have cost of change order to submit to city council for approval. • Sept 25 -Contractor backfills excavation and restores road surface per ACHD requirement. • Sept 26 -Contractor provides change order cost estimate to project manager including standby time, re-excavation, new right-of-way permit, and additional traffic control. Contractor can only estimate cost because it is unknown how long they will have equipment idle waiting for a permit from ACRD. Costs are estimated for 14 days standby time at $1000 /day. • Sept 29 -Project manager submits change order paperwork to Purchasing for processing. • Oct 7 -City Council approves change order. Contractor has now been standing by for 12 days. • Oct 8 -Contractor submits for new right-of-way permit from ACRD. ACHD can not grant the permit immediately because other road closures are taking place in the area. Contractor gets a permit for October 20th (21 days of standby time). • Oct 20 -Contractor completes work. • Scenario comparison: Scenario 1 Scenario 2 Scenario 3 Cost of obstruction removal $7 800 $7 800 $7 800 and pipe fittings. , , , Cost of de-mobilization and $3000 (estimate) re-mobilization Cost of re-excavating and re- backfilling (1 excavator, $1600 (estimate) $1600 (estimate) hoepack, 1 vacuum truck / pum ,and crew for 4 hours. Cost of standby time at $1,000 /day. (1 excavator, $21,000 hoepack, 1 vacuum truck / (estimate) pump) Cost of 2" ACRD ermit. $125 fixed) $125 fixed) Cost of 2" Traffic Control $2000 bid item) $2000 bid item Cost of 2" Pavement $2000 (bid item) $2000 (bid item) Restoration Total Cost $7,800 $16,475 $34,525 Number of days lane was 1 day 2 days 2 days closed Change Order Example 2: North Black Cat Lift Station The North Black Cat Lift Station was constructed as asub-regional sewage lift station to serve the area generally north of the lift station between Ten Mile and Black Cat Road including the area north of Chinden Blvd to the Boise River. During construction, there were several unforeseen circumstances that required changes to the original contract. The most significant of these changes included electrical costs to bring three phase power into the project site and installation of a chopper pump in place of one of the vertical pumps to serve lower flows related to the development slow down. Here are three scenarios that outline the process for change order approval with and without council approval. Note: The original contract for this project was $2,745,000 and was completed with total change orders resulting in 3.5% over original contract. Scenario 1 -Approve change on site: • April 16 -Contractor, inspector, and project manager agree that change to specifications is needed. Project manager requires change order request from contractor to review and approve costs. • April 17 -Project manager receives change order request and approves. Contractor begins gathering equipment and parts to perform the work. • April 20 -Contractor finishes gathering equipment and parts and begins work. • April 21 - Contractor completes required work. Scenario 2 -Get council approval prior to completion of work: • April 16 -Contractor, inspector, and project manager agree that change to specifications is needed. Project manager requires change order request from contractor to approve and submit to city council for approval. • April 17 -Contractor provides change order request to project manager including costs for demobilization and remobilization. • April 17 -Project manager approves change order request and submits • paperwork to purchasing for processing. • April 28 -City Council approves change order. • April 29 -Contractor remobilizes to project. • April 30 - Contractor completes work. Scenario 3 -Get council approval prior to completion of work: • April 16 -Contractor, inspector, and project manager agree that change to specifications is needed. Project manager requires change order request from contractor to approve and submit to city council for approval. • April 17 -Contractor provides change order request to project manager including costs for standby time. Contractor estimates cost based on amount of time equipment will be idle waiting for a change order approval. Costs are estimated for 14 days of standby time at $2400 /day. • April 17 -Project manager approves change order and submits paperwork to purchasing for processing. • April 28 -City Council approves change order. Contractor has now been standing by for 12 days. • April 29 -Contractor completes work. Scenario comparison: Scenario 1 Scenario 2 Scenario 3 Cost of electrical changes and $47,277 $47,277 $47,277 n ~J installation of new pump. Cost de-mobilization and re- $12,000 mobilization. estimate Cost of standby time at $28 800 $2,400 /day. (1 -excavator, , (estimate) loader, roller, dump truck Total Cost $47,277 $59,277 $76,077 3. The other main change is the dollar limits for approvals. The approval amounts in the existing Policy are out of touch with the cost of doing business today. These limits were set long ago and do not reflect having a Purchasing Manager and Purchasing Assistant overseeing the process. We purchase off State Contracts when reasonable, issue annual Master Agreements for professional services and have standard bid processes in place. This change will speed up the process time from need to fulfillment and thus save time and money and serve our citizens in a more timely manner. 4. I have added the Statutory requirements for a bid protest. As the economy has worsened, competition between bidders has become more fierce and bidders are more willing to protest a bid, even if they have little or no shot at a successful protest. With this being the case, I have added the statutory requirements for a protest and extended the time frame from award, to presentation at Council, to 10 days (the Statutory time frame) to allow any protest to come forth prior to asking Council for award of a contract. This will speed bid awards in the event of a protest. 5. A Credit Card Usage section has been added. This will give employees a clear picture on what is required for credit card usage. 6. Smaller changes include the following: Raising the dollar limit when a PO is required to $10,000 from the current limit of $5,000. Raising the dollar limit when the City will require 3 quotes or asemi-formal bid Process to $10,000 from the current limit of $5,000. • Delegating signing authority of PO's up to $25,000 to the Purchasing Manager, up from the current limit of $5,000. Delegating signing authority of contracts up to $25,000 to the Purchasing Manager. Raising the dollar limit of contract that need Council approval from the current amount of $25,000 to $50,000. Currently the Mayor is authorized to sign and approve all contracts up to $25,000. This will raise the Mayor's limit to $50,000. • City of Meridian Purchasing Policy • CITY OF MERIDIAN PURCHASING POLICY Adopted: Resolution: Pumose• Commodities and services purchased in the public sector represent a direct cost to the taxpayer. Every purchase that City employees make is subject to public scrutiny. Competition and best value are the central principles of public procurement. The rules and regulations in this policy were developed to encourage competitive solicitation for sound value, guard against favoritism and profiteering and promote the interest of local economies by providing equal opportunities to compete for government business. I. DEFINITIONS A. Authorized Purchasing Personnel (APP): An employee authorized by the Department Director (of the Department for which the purchase is intended) to purchase goods and/or services for City. B. Back Door Selling: Vendors and prospective vendors going directly to City departments without notification and approval of the Purchasing Department. C. Formal and Semi-Formal Bid Documents: A set of documents, made available to bidders that may include an invitation to bid, instructions to bidders, bid form, general conditions, supplemental general conditions, special provisions, technical specifications, drawings, or other information necessary to adequately convey the characteristics of the item or service being sought. D. Project Manager (PM): A professional in the field of project management. They are accountable for accomplishing the stated project objectives and have the responsibility of the planning, execution, and closing of a project. Key project management responsibilities include creating clear and attainable project objectives, building the project requirements, and managing the cost, time, and scope constraint for projects. E. Capital Improvement Project (CIP): An addition or structure that enhances the value of a property, or a replacement or upgrade that extends the useful life of an asset. F. Change Order (CO): A component of the change management process, whereby changes from the agreed upon scope (limitations) of the project's work require a mutual agreement. A Change Order is work that is added to or deleted from the original scope of work of a contract, which alters the original contract amount and/or completion date. G. Consultant Services. Work rendered by either independent individuals or firms who possess specialized knowledge, experience, and expertise including but not limited to such areas as management, personnel, finance, accounting, planning and data processing City of Meridian Purchasing Policy • H. Idaho Code (I.C.): Legal code of Idaho found in the Idaho state statutes. (This policy refers to several Idaho Statutes. See Appendix A for a list of all statutes that impact public purchasing). I. Professional Services: Work rendered by an independent contractor who has a professional knowledge of some department of teaming or science. This includes but is not limited to accounting and auditing, legal, education, engineering, architecture, and research. J. Public Purchasing: The purchasing or procurement of an item or a service for a Public Entity using public funds. K. Public Works Construction: Public works construction does not pertain only to those projects undertaken by the Public Works Department. Statute and this policy cover any construction, repair or reconstruction of any public work (including, but not limited to, buildings, pipelines, irrigation, drainage facilities, curbing, and numerous "specialty construction" types of work). See I.C. §54-1901 for further definition and types of work subject to the requirements of this policy. L. Purchasing Manager (PA): A professional within a company, business or other organization who is responsible for buying or approving the acquisition of goods and services needed by the company. A Purchasing Manager oversees the acquisition of materials needed for production, general supplies for offices and facilities, equipment, or construction contracts. M. Request for Proposal (RFP): A request for proposal is generally utilized in the acquisition of services or complex purchases. Requests for proposals are generally used for services and in cases where the need is known but the solution is not (examples: consulting engineers, architects, project manager, planning consultants). A RFP describes a problem or need in general terms and seeks a written response including pricing information, which describes the solution or means of providing the property requested by the request for Proposal. Price might be one of the evaluation criterions for proposals, but will not necessarily be the predominant basis for contract award. N. Specification: The term "specification" refers to a description of the characteristics or a commodity or service required. It is the explicit requirement furnished with a solicitation upon which a purchase order or contract is to be based. Specifications are written not to restrict bidding but to encourage open competition. The goal is to attract maximum reasonable competition. (See Section XV for allowable exceptions to formal bidding). O. Standard Operating Procedures (SOP): SOP's are the REQUIRED purchasing procedures for all City Departments to follow. P. Surplus Properly: Personal property owed by the City where the cost of maintenance, transportation, storage, or other costs exceed the economic or useful life of the property. Q. Task Order Agreement (TOA): An agreement used to acquire supplies and /or services when the exact times and/or exact quantities of work are not known at the time of contract award. Task Order Contracts are used by buyers who cannot 2 City of Meridian Purchasing Policy determine the precise quantities of supplies or services they will require during the contract period. R. Work Change Directive (VUCD): A document for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project and add unnecessary expense to the project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. II. PURCHASING ETHICS AND VENDOR RELATIONSHIPS Every City employee has a personal responsibility to conduct government business in an ethical manner and assure the integrity of the City purchasing and procurement processes. Department Directors and Managers are responsible for adherence to City and State purchasing rules and regulations. A. Code of Ethics All City of Meridian employees responsible for procuring goods or services shall: 1. Follow the rules and regulations of the City of Meridian and the laws of the state of Idaho. 2. Avoid activities that would compromise or give the perception of compromising the best interests of the City. 3. Reduce the potential for any charges of preferential treatment by actively promoting the concept of competition. 4. Act as good custodians of public money by obtaining maximum benefit for funds spent. 5. Never solicit or accept money, loans, credits or prejudicial discounts, gifts or entertainment material in nature (generally exceeding $50), favors or services from your present or potential suppliers, which might influence or appear to influence purchasing decisions. B. Vendor Relationships Developing and maintaining good relationships with our suppliers is important. City personnel should work through the Purchasing Department for vendor communication (back door selling is forbidden by the City). Maintain and practice, to the highest degree possible, business ethics, professional courtesy, and competence in all transactions. Adhere to and protect the supplier's business and legal rights to confidentiality for trade secrets, and other proprietary information. C. Prohibitions The City has adopted the following state statutes in regard to purchasing prohibitions: 1. I.C. §67-5726 -Conflict of interest regarding the holding of contracts or selling to the City property or supplies by City employees unless award is made after City of Meridian Purchasing Policy competitive bids. 2. I.C. §67-5726 -Prohibition regarding the influencing or conspiring to influence public purchasing decisions and contract awards. Attempts at influence may include kickbacks and bribes, peddling or payment of a fee, back door selling, hard-sell tactics, fraternization, or offering gifts to avoid following published procedures or gain advantages. 3. I.C. §67-5726 -Circumventing Purchasing Authorization -Prohibits efforts by employees to obtain products or services by avoiding the competitive process by splitting purchases, creating false emergency situations and non-use of City-wide contracts III. PURCHASING FORMS All City purchases will utilize the City universal purchasing forms, issued by the Purchasing Department, to increase consistencies and decrease formatting, completing, and review time. Purchasing Manager and Legal Department will establish City universal purchasing form templates (including but not limited to Task Order, Public Notification, Bid Specifications, RFP's, Change Order, Contract, Work Change Directive, Agreements, Supply Order, Maintenance/Parts Order) including formatting, content, and style. • IV. PURCHASING AUTHORITY Each Department Director and/or Authorized Purchasing Personnel within the City shall have the authority to acquire goods or services in accordance with the following guidelines: A. Goods and Services 1. Up to $10,000 All Department Directors and/or Approved Purchasing Personnel may purchase goods and/or services up to $10,000. If the item(s) is/are on contract then the purchase may be made though the vendor on contract. If not purchasing through a contract, employees are encouraged to obtain three (3) verbal or written quotes prior to purchase. The results shall be forwarded to the Accounts Payable Department at time of payment request. A purchase order is not required but can be issued by the Purchasing Department if requested by the Department or vendor. 2. $10,000 -Less Than $25,000 Department Director or designee authorization is required to approve purchases in the $10,000 to less than $25,000 range. Purchases in this range require a written quote or semi-formal bid process and must be accompanied by a signed purchase order from the Purchasing Manager (excluding dues, memberships and publications). Employees should request 3 quotes whenever possible. • 4 City of Meridian Purchasing Policy 3. $25,000 but Less Than $50,000 Purchases in this range, in addition to prior liaison/Council approval, require Department Director or designee authorization ,and require semi-formal written bids in accordance with I.C. 67-2806(1) (please see Purchasing SOP's for process). Also required is the issuance of a signed purchase order from the Purchasing Manager. All semi-formal bids shall be issued by the Purchasing Manager. See Section IV. See I.C. 67-2803 for exclusions. 4. $50,000 or Greater Expenditures at this level, in addition to prior liaison/Council approval, require Department Director or designee authorization, and must go through the formal bid process in compliance with I.C. 67-2806(2) (please see Purchasing SOP's for process). Corresponding City Council Liaison must sign all purchase orders in this range if not approved through the formal Council Agenda. All formal Bids/RFP's will be issued by the Purchasing Manager. See Section V. See I.C. 67-2803 for exclusions. 5. Specialized Repair More than $25,000, Less than $50,000 Repair of specialized equipment that is NOT considered a °public work" as defined by statute may utilize semi-formal bidding. Examples of repair work that may qualify under this provision include supply well pumps, heavy rolling stock, previously sole-sourced process equipment and specialty wastewater equipment. Examples of repair work that would not qualify under this provision are passenger vehicles, office buildings, pipelines, and irrigation facilities. The Department • Director or designee must secure approval from their City Council Liaison prior to proceeding with semi-formal bidding underthis provision. B. Capital Improvement Projects(CIP) (including Public Works projects) 1. Up To $25,000 Projects less than twenty-five thousand dollars ($25,000) may not have to be semi- or formally bid (coordinate with the Purchasing Department to determine requirements). All projects in this range require a contract and purchase order issued and signed by the Purchasing Manager. 2. $25,000 To $100,000 Semi-forming bidding is required (See Section V). All projects in this range require prior Liaison/Council approval. A contract and purchase order issued by the Purchasing Manager is required. Please see Section V for approval requirements. 3. Greater Than $100,000 Formal bidding is required (See Section VI). All projects in this range require prior Liaison/Council approval. A contract and purchase order issued by the Purchasing Manager is required. (Please see Section VI for approval requirements). C. Increases (Change Orders) to Capital Improvement Projects (including Public Works projects) Department Directors and/or his/her designee have authorization to approve CIP change orders up to the Council approved budget and within the original approved 5 City of Meridian Purchasing Policy scope. All change orders must be written on the standard Purchasing Department form and be signed by the Department Directors and/or his/her designee and Purchasing Manager. Any change order that exceeds the Council approved budget or scope must go before Council for approval, be accompanied by a budget amendment and be signed by the Mayor and Purchasing Manager (please see the Purchasing SOP's for process). All change orders will be thoroughly detailed at the mandatory project/contract closeout presentation to Council. V. SEMI-FORMAL BIDDING All Bids, RFP's and written quotes will be created and released by the Purchasing Department with the assistance of the requesting department. Semi-Formal bidding MUST comply with I.C. 67-2806(1). Please see the Purchasing SOP's for process. A. Award of Bid (Lowest Cost). Semi-formal Invitation for Bids will be awarded to the lowest responsive and responsible bidder per the Purchasing SOP's. B. Awards Up To $50,000 and Within Council Approved Budget Bid awards up to $50,000 and within Council approved budgets are not required to go before Council for approval (see Purchasing SOP's for process). Contracts and purchase orders of $25,000 or less must be signed by the Purchasing Manager. All Contracts above $25,000 must be signed by the Mayor. C. Awards above $50,000 or Over Council Approved Budget Bid awards above $50,000 or over the Council approved project budget must go before Council for approval (see Purchasing SOP's for process). All contracts in this range must be signed by the Mayor. All Purchase orders must be signed by the Purchasing Manager and the corresponding Council Liaison. VI. FORMAL BIDDING Formal bidding is generally used for construction/CIP projects and tangible property where the expected cost will exceed $100,000. In addition to the Semi-Formal bidding procedure the request for bid MUST be advertised in the local paper. Formal bidding MUST comply with I.C. §67-2806(2). Please see the Purchasing SOP's for process. Award of Formal Bids A. Formal bids must go to Council for approval and award. Please see the Purchasing SOP's for process 1. City Council Action. The City Council may: a. Accept staff recommendation. b. Approve an alternate bid in accordance with state statute and City policy • c. Defer action and request more information. d. Reject all bids and re-advertise. 6 City of Meridian Purchasing Policy e. After rejecting bids the City Council may, after finding it to be a fact, pass a resolution declaring that the purpose of the expenditure can be realized more economically by day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, it may fulfill the purpose of the expenditure in the manner stated without further compliance with competitive bidding requirements. B. All purchase orders in this range must be signed by both the Purchasing Manager and the corresponding Council Liaison. All contracts in this range must be signed by the Purchasing Manger and the Mayor. C. If no bids are received, the City may make the expenditure without further compliance with competitive bidding; requirements. This includes buying the material and supplies and/or having City employees do the work. D. Mistakes in Bids. Reference Idaho Code §541904 (B - E) for specific reasons for (and ramifications of) withdrawing a bid. E. Additional Requirements for Public Works Construction. 1. Public works contractors have additional requirements for construction projects: a. Must be bondable for performance and payment for specific license; b. Must have a valid Public Works license through the State of Idaho; c. Must have class of license specific to dollar value of project; d. Must satisfy additional insurance requirements as stated in the project specifications or bid documents; e. Hold certain specialty license, as required by State of Idaho. F. Tax Commission Requirements. 1. Within thirty (30) calendar days after Council awards a contract to a public works contractor, the Purchasing Department shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. See I.C. 54 1904A. 2. If material or equipment is purchased or supplied by the City of Meridian, who is exempt from sales and use taxes, for subsequent use or installation by a public works contractor, then the use by the contractor is subject to use tax. For example, if a contractor has a public works contract to build a structure using materials owned and supplied by the City, the contractor is the consumer of the materials and is subject to a use tax on their value. This tax falls directly upon the contractor and not the owner of the property. See Idaho Administrative Rules 35.01.02.12 VII. TAX COMMISSION REQUIREMENTS 1. Within thirty (30) calendar days after City awards a contract to a public works contractor, the Purchasing Department shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. See I.C. §541904A 7 City of Meridian Purchasing Policy • 2. If material or equipment is purchased or supplied by the City of Meridian, who is exempt from sales and use taxes, for subsequent use or installation by a public works contractor, then the use by the contractor is subject to use tax. For example, if a contractor has a public works contract to build a structure using materials owned and supplied by the City, the contractor is the consumer of the materials and is subject to a use tax on their value. This tax falls directly upon the contractor and not the owner of the property. See Idaho Administrative Rules 35.01.02.12 VIII. BID PROTEST A. Specifications: Protest of Bid/RFP specifications must be submitted to the City Clerks office, in writing, no later than 3 days prior to the bid opening. B. Award: Protests of award must be submitted to the City Clerks office, in writing, no later than 10 days after award posting or notification (whichever is earliest). IX. REQUEST FOR PROPOSAL A. Requests for Proposals (RFP's) may be used for services or software applications and • must comply with the dollar limits set in I.C. §67-2806(1) & (2). Please see the Purchasing SOP's for process, B. Exceptions: Specific criteria are applicable to professional service contracts with design professionals (engineers, architects and landscape architects), construction managers, and professional land surveyors. These criteria MUST be adhered to and are described in Idaho Code §67-2320 State Government and State Affairs, Chapter 23, Miscellaneous Provisions, Professional Service Contracts VI/~th Design Professionals, Construction Managers And Professional Land Surveyors. C. Award: RFP's shall be awarded based on a list of criteria set out in the Request for Proposals (please see the Purchasing SOP's for process). X. REQUEST FOR QUALIFICATIONS A. Request for qualifications (RFQ) are typically used for professional engineering and architectural services. RFQ's are awarded on qualifications only and may NOT include pricing as part of the request or award per Idaho Code §67-2320 • XI. DETERMINATION OF NEED TO CONTRACT City of Meridian Purchasing Policy A. A contract may be established as the result of a bid or a RFP. Agreements where someone is performing a service on City property require a purchase order or written contract issued by the Purchasing Department. B. The Purchasing Manager will review and sign all contracts. C. All contracts exceeding $50,000 shall be signed by the Purchasing Manager, Department Head/Project Manager and the contractor and placed on the City Council consent agenda (see Purchasing SOP's for process). The Mayor's signature, with City Clerk attestation to Mayor's signature, is required. D. The Purchasing Manager and City Attomey should be consulted on any decision made to declare a breach of contract due to failure to perform. XII. LEASES (Gifu as Lessee) A. The City may enter into lease agreements. If practical, the City is encouraged to use the competitive bidding process. Market conditions and the urgency of the City's needs are factors to be considered in determining whether to use a competitive bidding process. B. All leases exceeding $25,000 will be placed on the City Council consent agenda. If the Council requires discussion they may be pulled from the consent agenda and • discussed in a department report. C. The City Attomey must review ALL lease agreements for legal form. D. The Purchasing Manager shall review all lease agreements for content. E. The Mayor must sign all lease agreements and City Clerk attest to Mayor's signature. F. A signed copy of every lease agreement must be retained in a central file in the Purchasing Department. G. Capital leases where the City will retain the property at the end of the lease must be appropriated and expensed for the full amount the first year of the lease. * Leases of City-owned property shall be governed by the provisions of I.C. §50-1409 XIII. RISK MANAGEMENT AND INSURANCE REQUIREMENTS A. Project Insurance. The Purchasing Department (in conjunction with Legal Department) is responsible for ensuring that all (City and vendor) insurance requirements are met before Conditional Notice to Proceed is issued to vendor. The Purchasing Department shall maintain the insurance documentation and have available for audit upon request. 9 City of Meridian Purchasing Policy • XIV. EXCEPTIONS TO COMPETITIVE BIDDING A. Cooperative Bidding The Department may use the established state, federal, city, or county contracts to make purchases. The Division of Purchasing contract information is located at: http://www2.state. id. us/adm/purchasing/agyinfo. htm In accordance with I.C. §67-2803(1) and §67-2807(1), departments may also piggyback on other city or county bids if the pricing is consistent with the original bid and the bid process followed I.C. Title 67. All bid documentation should accompany the purchase request. B. Emergency Purchasing Emergency Purchases must comply with I.C. §67-2808(1) which states that the Council must declare an emergency exists, (please see Purchasing SOP's for process). C. Sole Source Purchasing -Purchases under $50,000 Sole Source Purchases must comply with I.C. §67-2808(2) which states that the sole source procurement shall be published in the official newspaper of the City at least fourteen (14) calendar days prior to the award of the contract and/or PO (please see Purchasing SOP's for process). • Examples of sole source purchases are as follows: • Where the compatibility of equipment, components, accessories, computer software, replacement parts, or service is the paramount consideration • Where a sole supplier's item is needed for trial use or testing • Purchase of video's, books, or other copyrighted materials • Purchase of property for which it is determined there is no functional equivalent • Purchases of public utility services D. Professional or Consultant Services -Contracts Less Than $25,000 Professional service contracts less than $25,000 may be entered into without formal bidding or a request for proposal. The Professional service contracts shall be drafted by the Purchasing Manager using the department universal template. The Approved Purchasing Personnel will coordinate with the Purchasing Department for required information to complete the form. Signatures from the Purchasing Manager and Mayor are required (and will be facilitated by Purchasing Manager) for execution. Consultant's work will be performed according to the consultant's methods without being subject to the control of the City. Special conditions exist for professional service contracts/agreements with design professionals (engineers, architects and landscape architects), construction managers, and professional land surveyors. See I. C. §67-2320 E. Use of Correctional Industries 10 City of Meridian Purchasing Policy • The City can purchase Correctional Industry furniture and other goods or services without competitive bidding. The City may also utilize Idaho Department of Con-ection labor crews without competitive bidding. F. Procurement of an interest in real property. I.C. §67-2803(5). G. Procurement of insurance. I.C. §67-2803(6). XV. CREDIT CARD USAGE This policy states the minimum guidelines required by law. Individual departments may establish more restrictive guidelines for usage. The City shall pay for only official business expenses that are directly related to conducting business for the City of Meridian. Expenditures must be reasonable and necessary to conduct City business. Each employee is expected to exercise good judgment in incurring travel expenses. The City is Tax Exempt and employees are responsible for ensuring that taxes are not charged on any purchase made. Detailed itemized receipts for ALL purchases must be submitted to the finance department within 14 days of expense or 7 days of return from travel, whichever is less. Use of a City issued credit card does not supersede the Purchasing Policy and is subject to the entire Purchasing Policy. CREDIT CARD ISSUANCE a. City of Meridian credit cards can only be obtained/applied for by the Department of Finance Management with the approval of the CFO. b. A controlled number of City of Meridian credit cards will be maintained by the finance department. c. The number of cards issued and active will be controlled by the finance department. XVI. SURPLUS PROPERTY A. Disposal. Surplus property will be disposed of in the manner that maximizes the value received by the City of Meridian in accordance with the following guidelines: (see Purchasing SOP's for procedures). All property disposal requests must be submitted on the approved "Asset Information Form" and must be signed by the applicable Department Director. • All employees of the City, including (heir spouses, dependents, or any person acfing on the employee's behalf, are prohibited from acquiring surplus property form the City 11 City of Meridian Purchasing Policy • UNLESS the property is acquired through a competitive bid process, such as a public auction or sealed bid. B. The following guidelines determine the method used to dispose of property. 1. Nominal Value a. Item has a value of zero or less than what it would cost to dispose of the property. b, Dispose of item by donating to charitable organization that qualifies under Section 501(c) and 501(c)(19) of the Internal Revenue Service or to any state or local government pursuant to I.C §50-1405 or: c. Dispose of item at local refuse site or have it removed by outside party willing to pay for removal. 2. Less Than $1,000 Value a. Sell or transfer to another state or local government pursuant to I.C. 50-1405 without public advertisement or competitive bid or: b. Sell at public auction conducted by a licensed auctioneer or: c. Sell to the highest bidder in response to notice of public sale advertised for at least one week in a newspaper of general circulation. 3. Greater Than $1,000 Value a. Sell at public auction conducted by a licensed auctioneer or: b. Sell after receipt of sealed bids to the highest responsible bidder after notice of public sale. C. Exceptions. With approval from the City Council and the Mayor, items of greater than nominal value may be donated to 501(c)(3) and 501(c) (19) charitable organization or to the state or other local governments pursuant to I.C. §50-1405. See Purchasing SOP's for procedures. D. SURPLUS REAL PROPERTY Follow requirements of I.C. Title 50, Chapter 14. C] 12 City of Meridian Purchasing Policy Attachment "A" Idaho Statutes Regarding Purchasing, Contracting and Procurement Public Works Contractor Licensure Requirements I.C. §541903 (i) Exemptions to Public Works Contractor Licensure I.C. §541903 (i) & (k) Public Works Construction Bidding I.C. §67-2803 (2) 8~ (3) Public Procurement of Goods and Services Bidding I.C. §67-2803 (2) I.C. §67-2805 (2) & (3) Purchasing By Political Subdivisions I.C. Title 67, Chapter 28 Exemptions to Public Procurement of Goods and Services Bidding I.C. §67-2803 (1) through (7) I.C. §67-2806 I.C. §67-2808 (1) Joint Purchasing Program I.C. §67-2807 (1) Penalties -Political Subdivisions/Public Officials I.C. §541914 (2) I.C. §541920 (2) I.C. §59-1026 Penalties -Contractors I.C. §541914(1) I.C. §541920 (1) & (3) Related Statutes I.C. Title 54, Chapter 19: PUBLIC WORKS CONTRACTORS I.C. §67-2309: WRITTEN PLANS AND SPECIFICATIONS FOR WORK TO BE MADE BY OFFICIALS -AVAILABILITY I.C. §67-2320: PROFESSIONAL SERVICE CONTRACTS WITH DESIGN PROFESSIONALS, CONSTRUCTION MANAGERS AND PROFESSIONAL LAND SURVEYORS I.C. Title 50, Chapter 14: DISPOSAL OF SURPLUS 13 • AMMENDMENT A TO THE CITY OF MERIDIAN PURCHASING POLICY Adopted: Resolution: Green Purchasing Statement The City of Meridian will promote the purchase of recycled products and recycled materials provided that the products meet acceptable use and performance standards. All departments shall, whenever possible, practical and fiscally responsible, use recycled products and recycled materials to meet the needs of the City. This policy is enacted to set an example, create demand, and foster market development for recycling products. Recycled Content Preference The City of Meridian should endeavor, whenever practical and fiscally responsible, to purchase products which contain, in order of preference, the following: 1. The highest percentage of recycled content of post-consumer recovered material, available in the marketplace; and 2. The highest percentage of "pre-consumer recovered material," available in the market place. ® Definitions of Recycled Content A. Post-consumer recovered materials. A finished material that would normally be disposed of as a solid waste, having completed its life cycle as a consumer item. Examples of post-consumer recovered materials include, but are not limited to; old newspapers, office paper, yard waste, steel, aluminum cans, glass, plastic bottles, oil, asphalt, concrete, and tires. B. Pre-consumer recovered materials. Material or by-products generated after manufacturing of a product is completed, but before the product reaches the end-use consumer. Examples of pre- consumer recovered materials include, but are not limited to; obsolete inventories of finished goods, rejected unused stock and paper wastes generated during printing, cutting and other converting operations. • Purchasing Policy, comments by David Z. 2/23/2010 Nice work! I would offer the following additions. III. PURCHASING FORMS A. first paragraph as proposed B_second paragraph as proposed C. Purchasing forms may be revised for legal statute or regiilatorv compliance. or user experience reasons. In order to assure usage of the latest version, user storage shall be limited as follows: 1. Hardcopy Forms. Authorized users shall obtain from Purchasing a quantity of a form that should reasonably be consumed in 30-to-45 dam As this stock is depleted. do not make more blank copies but instead obtain a new 30-to-45 da~sup~ly of the latest version from Purchasing If a user learns that a form has been revi old stock is to be shredded immediately, and a 30-to-45 damsupply of the new form obtained from Purchasing. 2. Electronic or Digital Forms. Users shall not import or cop b~ purchasing forms to a personal access file, such as "Mv Favorites" Frequently used forms should be bookmarked with a link to access the form maintained in the City electronic fonms library The library will always supply the most current version. (Please check this worddng with IT to make sure it conveys the meaning accurately for our systems -- thanks.) IV. PURCHASING AUTHORITY Each Department Director and/or Authorized Purchasing Personnel within the City shall have the authority to acquire goods or services, previously approved in their Department Budget, in accordance with the following guidelines: • City of Meridian Purchasing Policy • CITY OF MERIDIAN PURCHASING POLICY Adopted: Resolution: Purpose• Commodities and services purchased in the public sector represent a direct cost to the taxpayer. Every purchase that City employees make is subject to public scrutiny. Competition and best value are the central principles of public procurement. The rules and regulations in this policy were developed to encourage competitive solicitation for sound value, guard against favoritism and profiteering and promote the interest of local economies by providing equal opportunities to compete for government business. I. DEFINITIONS A. Authorized Purchasing Personnel (APP): An employee authorized by the Department Director (of the Department for which the purchase is intended) to purchase goods and/or services for City. B. Back Door Selling: Vendors and prospective vendors going directly to City departments without notification and approval of the Purchasing Department. C. Formal and Semi-Formal Bid Documents: A set of documents, made available to bidders that may include an invitation to bid, instructions to bidders, bid form, general conditions, supplemental general conditions, special provisions, technical specifications, drawings, or other information necessary to adequately convey the characteristics of the item or service being sought. D. Project Manager (PM): A professional in the field of project management. They are accountable for accomplishing the stated project objectives and have the responsibility of the planning, execution, and closing of a project. Key project management responsibilities include creating clear and attainable project objectives, building the project requirements, and managing the cost, time, and scope constraint for projects. E. Capital Improvement Project (CIP): An addition or structure that enhances the value of a property, or a replacement or upgrade that extends the useful life of an asset. F. Change Order (CO): A component of the change management process, whereby changes from the agreed upon scope (limitations) of the project's work require a mutual agreement. A Change Order is work that is added to or deleted from the original scope of work of a contract, which alters the original contract amount and/or completion date. G. Consultant Services. Work rendered by either independent individuals or firms who possess specialized knowledge, experience, and expertise including but not limited to such areas as management, personnel, finance, accounting, planning and data processing • City of Meridian Purchasing Policy • H. Idaho Code (I.C.): Legal code of Idaho found in the Idaho state statutes. (This policy refers to several Idaho Statutes. See Appendix A for a list of all statutes that impact public purchasing). I. Professional Services: Work rendered by an independent contractor who has a professional knowledge of some department of teaming or science. This includes but is not limited to accounting and auditing, legal, education, engineering, architecture, and research. J. Public Purchasing: The purchasing or procurement of an item or a service for a Public Entity using public funds. K. Public Works Construction: Public works construction does not pertain only to those projects undertaken by the Public Works Department. Statute and this policy cover any construction, repair or reconstruction of any public work (including, but not limited to, buildings, pipelines, irrigation, drainage facilities, curbing, and numerous "specialty construction" types of work). See I.C. §54-1901 for further definition and types of work subject to the requirements of this policy. L. Purchasing Manager (PA): A professional within a company, business or other organization who is responsible for buying or approving the acquisition of goods and services needed by the company. A Purchasing Manager oversees the acquisition of materials needed for production, general supplies for offices and facilities, equipment, or construction contracts. M. Request for Proposal (RFP): A request for proposal is generally utilized in the acquisition of services or complex purchases. Requests for proposals are generally used for services and in cases where the need is known but the solution is not (examples: consulting engineers, architects, project manager, planning consultants). A RFP describes a problem or need in general terms and seeks a written response including pricing information, which describes the solution or means of providing the property requested by the request for Proposal. Price might be one of the evaluation criterions for proposals, but will not necessarily be the predominant basis for contract award. N. Specification: The term "specification" refers to a description of the characteristics or a commodity or service required. It is the explicit requirement furnished with a solicitation upon which a purchase order or contract is to be based. Specifications are written not to restrict bidding but to encourage open competition. The goal is to attract maximum reasonable competition. (See Section XV for allowable exceptions to formal bidding). O. Standard Operating Procedures (SOP): SOP's are the REQUIRED purchasing procedures for all City Departments to follow. P. Surplus Property: Personal property owed by the City where the cost of maintenance, transportation, storage, or other costs exceed the economic or useful life of the property. Q. Task Order Agreement (TOA): An agreement used to acquire supplies and /or services when the exact times and/or exact quantities of work are not known at the time of contract award. Task Order Contracts are used by buyers who cannot 2 City of Meridian Purchasing Policy determine the precise quantities of supplies or services they will require during the contract period. R. Work Change Directive (VUCD): A document for use in situations involving changes in the Work which, if not processed expeditiously, might delay the Project and add unnecessary expense to the project. These changes are often initiated in the field and may affect the Contract Price or the Contract Times. This is not a Change Order, but only a directive to proceed with Work that may be included in a subsequent Change Order. II. PURCHASING ETHICS AND VENDOR RELATIONSHIPS Every City employee has a personal responsibility to conduct government business in an ethical manner and assure the integrity of the City purchasing and procurement processes. Department Directors and Managers are responsible for adherence to City and State purchasing rules and regulations. A. Code of Ethics All City of Meridian employees responsible for procuring goods or services shall: 1. Follow the rules and regulations of the City of Meridian and the laws of the state of Idaho. 2. Avoid activities that would compromise or give the perception of compromising the best interests of the City. 3. Reduce the potential for any charges of preferential treatment by actively promoting the concept of competition. 4. Act as good custodians of public money by obtaining maximum benefit for funds spent. 5. Never solicit or accept money, loans, credits or prejudicial discounts, gifts or entertainment material in nature (generally exceeding $50), favors or services from your present or potential suppliers, which might influence or appear to influence purchasing decisions. B. Vendor Relationships Developing and maintaining good relationships with our suppliers is important. City personnel should work through the Purchasing Department for vendor communication (back door selling is forbidden by the City). Maintain and practice, to the highest degree possible, business ethics, professional courtesy, and competence in all transactions. Adhere to and protect the supplier's business and legal rights to confidentiality for trade secrets, and other proprietary information. C. Prohibitions The City has adopted the following state statutes in regard to purchasing prohibitions: 1. I.C. §67-5726 -Conflict of interest regarding the holding of contracts or selling to the City property or supplies by City employees unless award is made after City of Meridian Purchasing Policy competitive bids. 2. I.C. §67-5726 -Prohibition regarding the influencing or conspiring to influence public purchasing decisions and contract awards. Attempts at influence may include kickbacks and bribes, peddling or payment of a fee, back door selling, hard-sell tactics, fraternization, or offering gifts to avoid following published procedures or gain advantages. 3. I.C. §67-5726 -Circumventing Purchasing Authorization -Prohibits efforts by employees to obtain products or services by avoiding the competitive process by splitting purchases, creating false emergency situations and non-use of City-wide contracts III. PURCHASING FORMS All City purchases will utilize the City universal purchasing forms, issued by the Purchasing Department, to increase consistencies and decrease formatting, completing, and review time. Purchasing Manager and Legal Departrnent will establish City universal purchasing form templates (including but not limited to Task Order, Public Notification, Bid Specifications, RFP's, Change Order, Contract, Work Change Directive, Agreements, Supply Order, Maintenance/Parts Order) including formatting, content, and style. All employees are to download any forms needed from the Intranet to insure they have the latest forms available. Forms are not to be saved to individual employee computers. IV. PURCHASING AUTHORITY Each Department Director and/or Authorized Purchasing Personnel within the City shall have the authority to acquire goods or services, previously approved in their Department Budget, in accordance with the following guidelines: A. Goods and Services 1. Up to $10,000 All Department Directors and/or Approved Purchasing Personnel may purchase goods and/or services up to $10,000. If the item(s) is/are on contract then the purchase may be made though the vendor on contract. If not purchasing through a contract, employees are encouraged to obtain three (3) verbal or written quotes prior to purchase. The results shall be forwarded to the Accounts Payable Department at time of payment request. A purchase order is not required but can be issued by the Purchasing Department if requested by the Department or vendor. 2. $10,000 -Less Than $25,000 Department Director or designee authorization is required to approve purchases in the $10,000 to less than $25,000 range. Purchases in this range require a written quote orsemi-formal bid process and must be accompanied by a signed purchase order from the Purchasing Manager (excluding dues, memberships and publications). Employees should request 3 quotes whenever possible. 4 City of Meridian Purchasing Policy 3. $25,000 but Less Than $50,000 Purchases in this range, in addition to prior liaison/Council approval, require Department Director or designee authorization ,and require semi-formal written bids in accordance with I.C. 67-2806(1) (please see Purchasing SOP's for process). Also required is the issuance of a signed purchase order from the Purchasing Manager. All semi-formal bids shall be issued by the Purchasing Manager. See Section IV. See I.C. 67-2803 for exclusions. 4. $50,000 or Greater Expenditures at this level, in addition to prior liaison/Council approval, require Department Director or designee authorization, and must go through the formal bid process in compliance with I.C. 67-2806(2) (please see Purchasing SOP's for process). Corresponding City Council Liaison must sign all purchase orders in this range if not approved through the formal Council Agenda. All formal Bids/RFP's will be issued by the Purchasing Manager. See Section V. See I.C. 67-2803 for exclusions. 5. Specialized Repair More than $25,000, Less than $50,000 Repair of specialized equipment that is NOT considered a "public work" as defined by statute may utilize semi-formal bidding. Examples of repair work that may qualify under this provision include supply well pumps, heavy rolling stock, previously sole-sourced process equipment and specialty wastewater equipment. Examples of repair work that would not qualify under this provision are passenger vehicles, office buildings, pipelines, and irrigation facilities. The Department Director or designee must secure approval from their City Council Liaison prior to proceeding with semi-formal bidding underthis provision. B. Capital Improvement Projects(CIP) (including Public Works projects) 1. Up To $25,000 Projects less than twenty-five thousand dollars ($25,000) may not have to be semi- or formally bid (coordinate with the Purchasing Department to determine requirements). All projects in this range require a contract and purchase order issued and signed by the Purchasing Manager. 2. $25,000 To $100,000 Semi-forming bidding is required (See Section V). All projects in this range require prior Liaison/Council approval. A contract and purchase order issued by the Purchasing Manager is required. Please see Section V for approval requirements. 3. Greater Than $100,000 Formal bidding is required (See Section VI). All projects in this range require prior Liaison/Council approval. A contract and purchase order issued by the Purchasing Manager is required. (Please see Section VI for approval requirements). C. Increases (Change Orders) to Capital Improvement Projects (including Public Works projects) Department Directors and/or his/her designee have authorization to approve CIP change orders up to the Council approved budget and within the original approved 5 City of Meridian Purchasing Policy scope. All change orders must be written on the standard Purchasing Department form and be signed by the Department Directors and/or his/her designee and Purchasing Manager. Any change order that exceeds the Council approved budget or scope must go before Council for approval, be accompanied by a budget amendment and be signed by the Mayor and Purchasing Manager (please see the Purchasing SOP's for process). All change orders will be thoroughly detailed at the mandatory project/contract closeout presentation to Council. V. SEMI-FORMAL BIDDING All Bids, RFP's and written quotes will be created and released by the Purchasing Department with the assistance of the requesting department. Semi-Formal bidding MUST comply with I.C. 67-2806(1). Please see the Purchasing SOP's for process. A. Award of Bid (Lowest Cost). Semi-formal Invitation for Bids will be awarded to the lowest responsive and responsible bidder per the Purchasing SOP's. B. Awards Up To $50,000 and Within Council Approved Budget Bid awards up to $50,000 and within Council approved budgets are not required to go before Council for approval (see Purchasing SOP's for process). Contracts and purchase orders of $25,000 or less must be signed by the Purchasing Manager. All Contracts above $25,000 must be signed by the Mayor. C. Awards above $50,000 or Over Council Approved Budget Bid awards above $50,000 or over the Council approved project budget must go before Council for approval (see Purchasing SOP's for process). All contracts in this range must be signed by the Mayor. All Purchase orders must be signed by the Purchasing Manager and the corresponding Council Liaison. VI. FORMAL BIDDING Formal bidding is generally used for construction/CIP projects and tangible property where the expected cost will exceed $100,000. In addition to the Semi-Formal bidding procedure the request for bid MUST be advertised in the local paper. Formal bidding MUST comply with I.C. §67-2806(2). Please see the Purchasing SOP's for process. Award of Formal Bids A. Formal bids must go to Council for approval and award. Please see the Purchasing SOP's for process 1. City Council Action. The City Council may: a. Accept staff recommendation. b. Approve an alternate bid in accordance with state statute and City policy c. Defer action and request more information. d. Reject all bids and re-advertise. 6 City of Meridian Purchasing Policy e. After rejecting bids the City Council may, after finding it to be a fact, pass a resolution declaring that the purpose of the expenditure can be realized more economically by day labor, or the materials or supplies furnished at a lower price in the open market. Upon adoption of the resolution, it may fulfill the purpose of the expenditure in the manner stated without further compliance with competitive bidding requirements. B. All purchase orders in this range must be signed by both the Purchasing Manager and the corresponding Council Liaison. All contracts in this range must be signed by the Purchasing Manger and the Mayor. C. If no bids are received, the City may make the expenditure without further compliance with competitive bidding; requirements. This includes buying the material and supplies and/or having City employees do the work. D. Mistakes in Bids. Reference Idaho Code §541904 (B - E) for specific reasons for (and ramifications of) withdrawing a bid. E. Additional Requirements for Public Works Construction. 1. Public works contractors have additional requirements for construction projects: a. Must be bondable for performance and payment for speck license; b. Must have a valid Public Works license through the State of Idaho; c. Must have class of license specific to dollar value of project; d. Must satisfy additional insurance requirements as stated in the project specifications or bid documents; e. Hold certain specialty license, as required by State of Idaho. F. Tax Commission Requirements. 1. Within thirty (30) calendar days after Council awards a contract to a public works contractor, the Purchasing Department shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. See I.C. 54 1904A 2. If material or equipment is purchased or supplied by the City of Meridian, who is exempt from sales and use taxes, for subsequent use or installation by a public works contractor, then the use by the contractor is subject to use tax. For example, if a contractor has a public works contract to build a structure using materials owned and supplied by the City, the contractor is the consumer of the materials and is subject to a use tax on their value. This tax falls directly upon the contractor and not the owner of the property. See Idaho Administrative Rules 35.01.02.12 VII. TAX COMMISSION REQUIREMENTS 1. Within thirty (30) calendar days after City awards a contract to a public works contractor, the Purchasing Department shall notify the state tax commission that the contract has been awarded and shall provide to the state tax commission the name and address of the prime contractor. See I.C. §541904A. 7 City of Meridian Purchasing Policy 2. If material or equipment is purchased or supplied by the City of Meridian, who is exempt from sales and use taxes, for subsequent use or installation by a public works contractor, then the use by the contractor is subject to use tax. For example, if a contractor has a public works contract to build a structure using materials owned and supplied by the City, the contractor is the consumer of the materials and is subject to a use tax on their value. This tax falls directly upon the contractor and not the owner of the property. See Idaho Administrative Rules 35.01.02.12 VIII. BID PROTEST A. Specifications: Protest of Bid/RFP specifications must be submitted to the City Clerks office, in writing, no later than 3 days prior to the bid openo~g. B. Award: Protests of award must be submitted to the City Clerks office, in writing, no later than 10 days after award posting or notification (whichever is earliest). IX. REQUEST FOR PROPOSAL A. Requests for Proposals (RFP's) may be used for services or software applications and must comply with the dollar limits set in I.C. §67-2806(1) & (2). Please see the Purchasing SOP's for process, B. Exceptions: Specific criteria are applicable to professional service contracts with design professionals (engineers, architects and landscape architects), construction managers, and professional land surveyors. These criteria MUST be adhered to and are described in Idaho Code §67-2320 State Government and State Affairs, Chapter 23, Miscellaneous Provisions, Professional Service Contracts With Design Professionals, Construction Managers And Professional Land Surveyors. C. Award: RFP's shall be awarded based on a list of criteria set out in the Request for Proposals (please see the Purchasing SOP's for process). X. REQUEST FOR QUALIFICATIONS A. Request for qualifications (RFQ) are typically used for professional engineering and architectural services. RFQ's are awarded on qualifications only and may NOT include pricing as part of the request or award per Idaho Code §67-2320 • 8 City of Meridian Purchasing Policy XI. DETERMINATION OF NEED TO CONTRACT A. A contract may be established as the result of a bid or a RFP. Agreements where someone is performing a service on City property require a purchase order or written contract issued by the Purchasing Department. B. The Purchasing Manager will review and sign all contracts. C. All contracts exceeding $50,000 shall be signed by the Purchasing Manager, Department Head/Project Manager and the contractor and placed on the City Council consent agenda (see Purchasing SOP's for process). The Mayor's signature, with City Clerk attestation to Mayor's signature, is required. D. The Purchasing Manager and City Attorney should be consulted on any decision made to declare a breach of contract due to failure to perform. XII. LEASES (Gifu as Lessee) A. The City may enter into lease agreements. If practical, the City is encouraged to use the competitive bidding process. Market conditions and the urgency of the City's needs are factors to be considered in determining whether to use a competitive bidding process. B. All leases exceeding $25,000 will be placed on the City Council consent agenda. If the Council requires discussion they may be pulled from the consent agenda and discussed in a department report. C. The City Attorney must review ALL lease agreements for legal form. D. The Purchasing Manager shall review all lease agreements for content. E. The Mayor must sign all lease agreements and City Clerk attest to Mayor's signature. F. A signed copy of every lease agreement must be retained in a central file in the Purchasing Department. G. Capital leases where the City will retain the property at the end of the lease must be appropriated and expensed for the full amount the first year of the lease. * Leases of City-owned property shall be governed by the provisions of I.C. §50-1409 XIII. RISK MANAGEMENT AND INSURANCE REQUIREMENTS A. Project Insurance. The Purchasing Department (in conjunction with Legal Department) is responsible for ensuring that all (City and vendor) insurance requirements are met before Conditional Notice to Proceed is issued to vendor. The 9 City of Meridian Purchasing Policy • Purchasing Department shall maintain the insurance documentation and have available for audit upon request. XIV. EXCEPTIONS TO COMPETITIVE BIDDING A. Cooperative Bidding The Department may use the established state, federal, city, or county contracts to make purchases. The Division of Purchasing contract information is located at: htto://www2.state. id. us/ad m/purchasinca/acayi nfo. htm In accordance with I.C. §67-2803(1) and §67-2807(1), departments may also piggyback on other city or county bids if the pricing is consistent with the original bid and the bid process followed I.C. Title 67. All bid documentation should accompany the purchase request. B. Emergency Purchasing Emergency Purchases must comply with I.C. §67-2808(1) which states that the Council must declare an emergency exists, (please see Purchasing SOP's for process). C. Sole Source Purchasing -Purchases under $50,000 Sole Source Purchases must comply with I.C. §67-2808(2) which states that the sole source procurement shall be published in the official newspaper of the City at least • fourteen (14) calendar days prior to the award of the contract and/or PO (please see Purchasing SOP's for process). Examples of sole source purchases are as follows: • Where the compatibility of equipment, components, accessories, computer software, replacement parts, or service is the paramount consideration • Where a sole supplier's item is needed for trial use or testing • Purchase of video's, books, or other copyrighted materials • Purchase of property for which it is determined there is no functional equivalent • Purchases of public utility services D. Professional or Consultant Services -Contracts Less Than $25,000 Professional service contracts less than $25,000 may be entered into without formal bidding or a request for proposal. The Professional service contracts shall be drafted by the Purchasing Manager using the department universal template. The Approved Purchasing Personnel will coordinate with the Purchasing Department for required information to complete the form. Signatures from the Purchasing Manager and Mayor are required (and will be facilitated by Purchasing Manager) for execution. Consultant's work will be perFormed according to the consultant's methods without being subject to the control of the City. U 10 City of Meridian Purchasing Policy Special conditions exist for professional service contracts/agreements with design professionals (engineers, architects and landscape architects), construction managers, and professional land surveyors. See I. C. §67-2320 E. Use of Correctional Industries The City can purchase Correctional Industry furniture and other goods or services without competitive bidding. The City may also utilize Idaho Department of Correction labor crews without competitive bidding. F. Procurement of an interest in real property. I.C. §67-2803(5). G. Procurement of insurance. I.C. §67-2803(6). XV. CREDIT CARD USAGE This policy states the minimum guidelines required by law. Individual departments may establish more restrictive guidelines for usage. The City shall pay for only official business expenses that are directly related to conducting business for the City of Meridian. Expenditures must be reasonable and necessary to conduct City business. Each employee is expected to exercise good judgment in incurring travel expenses. The City is Tax Exempt and employees are responsible for ensuring that taxes are not charged on any purchase made. Detailed itemized receipts for ALL purchases must be submitted to the finance department within 14 days of expense or 7 days of return from travel, whichever is less. Use of a City issued credit card does not supersede the Purchasing Policy and is subject to the entire Purchasing Policy. CREDIT CARD ISSUANCE a. City of Meridian credit cards can only be obtained/applied for by the Department of Finance Management with the approval of the CFO. b. A controlled number of City of Meridian credit cards will be maintained by the finance department. c. The number of cards issued and active will be controlled by the finance department. XVI. SURPLUS PROPERTY A. Disposal. Surplus property will be disposed of in the manner that maximizes the value received by the City of Meridian in accordance with the following guidelines: (see Purchasing SOP's for procedures). All property disposal requests must be submitted 11 Ciiy of Meridian Purchasing Policy • on the approved "Asset Information Form" and must be signed by the applicable Department Director. All employees of the City, including their spouses, dependents, or any person acting on the employee's behalf, are prohibited from acquiring surplus property form the City UNLESS the property is acquired through a competitive bid process, such as a public auction or sealed bid. B. The following guidelines determine the method used to dispose of property. 1. Nominal Value a. Item has a value of zero or less than what it would cost to dispose of the property. b. Dispose of item by donating to charitable organization that qualifies under Section 501(c) and 501(c)(19) of the Internal Revenue Service or to any state or local govemment pursuant to I.C §50-1405 or: c. Dispose of item at local refuse site or have it removed by outside party willing to pay for removal. 2. Less Than $1,000 Value a. Sell or transfer to another state or local govemment pursuant to I.C. 50-1405 without public advertisement or competitive bid or: b. Sell at public auction conducted by a licensed auctioneer or: c. Sell to the highest bidder in response to notice of public sale advertised for at least one week in a newspaper of general circulation. 3. Greater Than $1,000 Value a. Sell at public auction conducted by a licensed auctioneer or: b. Sell after receipt of sealed bids to the highest responsible bidder after notice of public sale. C. Exceptions. With approval from the City Council and the Mayor, items of greater than nominal value may be donated to 501(c)(3) and 501(c) (19) charitable organization or to the state or other local governments pursuant to I.C. §50-1405. See Purchasing SOP's for procedures. D. SURPLUS REAL PROPERTY Follow requirements of I.C. Title 50, Chapter 14. XVII. GREEN PURCHASING Green Purchasing Statement The City of Meridian will promote the purchase of recycled products and recycled materials provided that the products meet acceptable use and performance standards. All departments shall, whenever possible, practical and fiscally responsible, use recycled products and recycled materials to meet the 12 City of Meridian Purchasing Policy • needs of the City. This policy is enacted to set an example, create demand, and foster market development for recycling products. Recycled Content Preference The City of Meridian should endeavor, whenever practical and fiscally responsible, to purchase products which contain, in order of preference, the following: 1. The highest percentage of recycled content of post-consumer recovered material, available in the marketplace; and 2. The highest percentage of "pre-consumer recovered material," available in the market place. Definitions of Recycled Content A. Post-consumer recovered materials. A finished material that would normally be disposed of as a solid waste, having completed its life cycle as a consumer item. Examples of post-consumer recovered materials include, but are not limited to; old newspapers, office paper, yard waste, steel, aluminum cans, glass, plastic bottles, oil, asphalt, concrete, and tires. B. Pre-consumer recovered materials. Material or by-products generated after manufacturing of a product is completed, but before the product reaches the end-use consumer. Examples of pre- consumer recovered materials include, but are not limited to; obsolete inventories of finished goods, rejected unused stock and paper wastes generated during printing, cutting and other converting operations. r 1 U • 13 City of Meridian Purchasing Policy ® Attachment "A~ Idaho Statutes Regarding Purchasing, Contracting and Procurement Public Works Contractor Licensure Requirements I.C. §541903 (i) Exemptions to Public Works Contractor Licensure I.C. §54-1903 (i) & (k) Public Works Construction Bidding I.C. §67-2803 (2) & (3) Public Procurement of Goods and Services Bidding I.C. §67-2803 (2) I.C. §67-2805 (2) & (3) Purchasing By Political Subdivisions I.C. Title 67, Chapter 28 Exemptions to Public Procurement of Goods and Services Bidding I.C. §67-2803 (1) through (7) I.C. §67-2806 I.C. §67-2808 (1) Joint Purchasing Program I.C. §67-2807 (1) Penalties -Political Subdivisions/Public Officials I.C. §541914 (2) I.C. §541920 (2) I.C. §59-1026 • Penalties -Contractors I.C. §541914 (1) I.C. §541920 (1) & (3) Related Statutes I.C. Title 54, Chapter 19: PUBLIC WORKS CONTRACTORS I.C. §67-2309: WRITTEN PLANS AND SPECIFICATIONS FOR WORK TO BE MADE BY OFFICIALS -AVAILABILITY I.C. §67-2320: PROFESSIONAL SERVICE CONTRACTS WITH DESIGN PROFESSIONALS, CONSTRUCTION MANAGERS AND PROFESSIONAL LAND SURVEYORS I.C. Title 50, Chapter 14: DISPOSAL OF SURPLUS 14 MERIDIAN CITY COUNCIL MEETING March 23, 2010 APPLICANT ITEM NO. 7E REQUEST Police Department: Budget Admendment for Canine Acquisition for $7,000.00 • AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become properly of the City of Meridian. MDA 10-001 MERIDIAN CITY COUNCIL MEETING February 23, 2010 APPLICANT Keith Borup ITEM NO. 9A REQUEST Public Hearing-Modification to the number of single-family detached (from 299 to 311) & townhouse/patio home (from 76 to 52) building lots listed in the amended Development Agreement for Champion Park (fka Parkstone) - n/o E. Ustick Rd (appx 1,500' w/o N. Eagle Rd) off N. Leslie Way, a/of N. Justin Ave (Lots 80-104, Blk 18 Champion Park #5) AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: ~ CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. MFP 09-004 MERIDIAN CITY COUNCIL MEETING February 23, 2010 APPLICANT Linder 109, LLC, Meridian library DisMct & Joint School District No. 2 ITEM NO. 9B REQUEST Modification to the street sections shown on the Final Plat to include the addition of detached sidewalks along Spanish Sun & Spanish Fork streets; & modification to the roadway improvements along the south boundary of phase 1 to reduce the amount of asphalt and concrete curb for Southridge Sub No. 1-SWC of W. Overland Rd & S. Linder R~ AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY j~ CITY POLICE DEPT: I V l CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Mertdian. MDA 10-002 MERIDIAN CITY COUNCIL MEETING February 23, 2010 APPLICANT Primeland Investment Group, LLC ITEM NO. 9C REQUEST Public Hearing -Modify several provisions of the recorded Development Agreement (Inst. # 108059801) for Bridgetower Crossing Office - SWC of W. McMillan Road and N. Linder Road AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: COMMENTS / ~~ ~ J N /~/ / ~~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian. FP 10-001 MERIDIAN CITY COUNCIL MEETING February 23, 2010 APPLICANT Primeland Investment Group, LLC ITEM NO. 9D REQUEST Final Plat approval for 6 commercial building lots and 1 other lot on 10.2 acres in an L-O zoning district for Bridgetower Crossing Subdivision No. 15 - • SWC of N. Linder Road and W. McMillan Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Meridian. TE 10-001 MERIDIAN CITY COUNCIL MEETING February 23, 2010 APPLICANT Trilogy Development ITEM NO. 9E REQUEST Public Hearing -Approval of an 18-month Time Extension to obtain the City Engineers signature on the Final Plat for Ambercreek Subdivision No. 2 - SWC of W. McMillan Road and N. Meridian Road AGENCY COMMENTS CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: Emailed: ;~~ 1 ~~ Date: Phone: Staff Initials: Materials presented at public meetings shall become property of the Cffy of Merldtan. ~~ MERIDIAN CITY COUNCIL MEETING February 23, 2010 APPLICANT ITEM NO. ~ OA REQUEST Executive Session per Idaho State Code 67-2345 (1) (a) (e) (f) • AGENCY CITY CLERK: CITY ENGINEER: CITY PLANNING DIRECTOR: CITY ATTORNEY CITY POLICE DEPT: CITY FIRE DEPT: CITY BUILDING DEPT: CITY WATER DEPT: CITY SEWER DEPT: CITY PARKS DEPT: MERIDIAN SCHOOL DISTRICT: ADA COUNTY HIGHWAY DISTRICT: SANITARY SERVICE COMPANY CENTRAL DISTRICT HEALTH: NAMPA MERIDIAN IRRIGATION: SETTLERS IRRIGATION: IDAHO POWER: US WEST: INTERMOUNTAIN GAS: MERIDIAN POST OFFICE: OTHER: Contacted: COMMENTS Date: Phone: Emailed: Staff Initials: Materials presented at public meetings shall become property of the City of Meridian.