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2011-08-16
CITY COUNCIL REGULAR MEETING AGENDA UPDATED AGENDA Tuesday, August 16, 2011 at 7:00 PM 1. Roll -Call Attendance David Zaremba X Brad Hoaglun Charlie Rountree X Keith Bird X Mayor Tammy de Weerd 2. Pledge of Allegiance 3. Community Invocation by Darrell Taylor with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Consent Agenda Approved A. Approval of and Award of a No -Cost In -Building Telecommunications Agreement to T -Mobile and Authorize the Mayor to Sign B. Development Agreement for Approval: MDA 10-008 Regency at River Valley by Bach Investments, LLC Located at 2500 N. Eagle Road Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Development Agreement Approved for the Regency at River Valley Apartment Project (Replaces Instrument No. 111022580) C. Agreement with Lexipol, LLC for Use of Subscription Material for the Police Department D. NPDES Permit Presentation & Task Order. Award of Task Order No. 10264 to HDR Engineering, Inc. for NPDES Permit Strategy and Technical Assistance for the Not -To -Exceed Amount of $107,950.00 Item was moved to Department Reports as Item 8131 Meridian City Council Meeting Agenda —Tuesday, August 16, 2011 Page 1 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. License Agreement Between City of Meridian and Rock of Honor Memorial, Inc. for Joint Use of Rock of Honor Plaza in Julius M. Kleiner Memorial Park for a Not -to -Exceed Amount of $1.00 F. Lease Agreement Between the City of Meridian and Think -Tank Co -Operative, LLC for the Property Located at 33 East Idaho Avenue G. Resolution No. 11-799: Approving Lease of 33 East Idaho Avenue 6. Items Moved From Consent Agenda None 7. Action Items A. Public Hearing: TE 11-003 Messina Meadows Subdivision by Brighton Corporation Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat Continued to September 23, 2011 8. Department Reports A. Parks/Legal Departments: Lions Club Rodeo Ada County CUP Conditions of Approval: Right of Way Dedication B. Public Works: Biosolids Lime Stabilization Demonstration Project 1. Moved from the Consent Agenda as Item 50: NPDES Permit Presentation & Task Order. Award of Task Order No. 10264 to HDR Engineering, Inc. for NPDES Permit Strategy and Technical Assistance for the Not -To - Approved C. Building Services: Award of Agreement for Automatic Temperature Control System to ClimaTech Corporation for the Not -To -Exceed Amount of $479,441.00 Approved D. Legal Department: Taxicab Mobile Sales Unit License Ordinance Discussion No decision was made and the topic will return for additional discussion in September Meridian City Council Meeting Agenda — Tuesday, August 16, 2011 Page 2 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Legal Department: Proposed Addition of Mutual Hold Harmless Clause to Memorandum of Agreement Designating Boise City/Ada County Housing Authority as City's Agent to Purchase Housing and Urban Development (HUD) Dollar Homes Approved 9. Future Meeting Topics residentsA request from s been regardingpetition about the proposed water reservoir. They will be contacted and scheduled to be heard at a City Council meeting in September Amended onto the Agenda 10. Executive Session per Idaho State Code 67-2345(l)(b) — To Consider the Evaluation, Dismissal or Disciplining of, or o Hear Complaints or Charges Brought Against, a Public Officer, Employee, Staff Member or Individual Agent, or Public School Student Into Executive Session at 8:42 PM Meridian City Council Meeting Agenda —Tuesday, August 16, 2011 Page 3 of 3 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council Meeting August 16, 2011 A meeting of the Meridian City Council was called to order at 7:25 p.m., Tuesday, August 16, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun and Charlie Rountree. Others Present: Bill Nary, Jacy Jones, James Leslie, Warren Stewart, Mark Niemeyer, Steve Siddoway, Tom Barry, John McCormick, Mollie Mangerich, Robert Simison, and Dean Willis. Item 1: Roll -call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird X Mayor Tammy de Weerd De Weerd: I will go ahead and call this meeting to order and would like to welcome all of you in attendance. We appreciate you joining us. For the record, it is Tuesday, August 16th. It's 7:00 p.m. Tonight we will start with roll call attendance. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is our Pledge of Allegiance. If you will all rise and join us in our pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Darrell Taylor with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Darrell Taylor and he is with Ten Mile Christian Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Thank you for joining us. Taylor: Thank you. Well, Gracious Father, we are so truly thankful for all the many blessings you have given us, this beautiful day, we just thank you, Lord, and we rejoice in it and, Father, now as this meeting begins we just ask, Lord, for your wisdom and your guidance and as the decisions are made and, Father, we do ask for watch care over those that are protecting our country, that are at home or abroad, that you will just bless and strengthen them away from their families and, Father, keep them safe. Meridian City Council August 16, 2011 Page 2 of 34 Father, for this community we just thank you, Lord, for the men and women that are dedicated to keeping it safe and to make the decisions for it to be a very wonderful place to raise a family and just -- just to be here. And, Father, again, we are just so truly thankful for this day and ask for your guidance and strength as we live day by day for you and we just pray this is Jesus' name, amen. Item 4: Adoption of the Agenda De Weerd: Thank you. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: A couple of changes for tonight's agenda. Under Consent Agenda, Item 5-D, that -- we have a staff request to move that to Department Reports, so we will move that to follow Item 8-13. So, 5-D from the Consent Agenda is now 8-13-1. Also under the Consent Agenda, 5-G, is resolution number 11-799. Under Item 7, Action Items, A, the public hearing, the applicants request that to continue to August 23rd. As I noted under Department Reports, we now have a 5-D after 8-13 and also we want to add an Executive Session under Idaho Code 67-2345(1)(a) at the very end of the meeting. So, with that, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Consent Agenda A. Approval of and Award of a No -Cost In -Building Telecommunications Agreement to T -Mobile and Authorize the Mayor to Sign B. Development Agreement for Approval: MDA 10-008 Regency at River Valley by Bach Investments, LLC Located at 2500 N. Eagle Road Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Development Agreement Approved for the Regency at River Valley Apartment Project (Replaces Instrument No. 111022580) C. Agreement with Lexipol, LLC, for Use of Subscription Material for the Police Department Meridian City Council August 16, 2011 Page 3 of 34 E. License Agreement Between City of Meridian and Rock of Honor Memorial, Inc. for Joint Use of Rock of Honor Plaza in Julius M. Kleiner Memorial Park for a Not -to -Exceed Amount of $1.00 F. Lease Agreement Between the City of Meridian and Think -Tank Co -Operative, LLC for the Property Located at 33 East Idaho Avenue G. Resolution No. 11-799: Approving Lease of 33 East Idaho Avenue De Weerd: Item No. 5. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: For the Consent Agenda, as noted 5-D has been moved to Department Reports and 5-G is resolution number 11-799. 1 move approval of the Consent Agenda as amended and the Mayor to sign and Clerk to attest. Zaremba: Second. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda with the removal of Item D to the regular agenda. Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 6: Items Moved From Consent Agenda De Weerd: There were no items -- well, there was an item moved from the Consent Agenda, but it's under a different section. Item 7: Action Items A. Public Hearing: TE 11-003 Messina Meadows Subdivision by Brighton Corporation Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat Meridian City Council August 16, 2011 Page 4 of 34 De Weerd: So, we will move to Item 7-A. 7-A is a public hearing on TE 11-003. The applicant has requested to continue this item to August 23rd, but I will open the public hearing and ask Council for a motion to continue. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we continue Item 7-A to August 23rd, 2011. Bird: Second. Zaremba: Second. De Weerd: I have a motion and a second to continue Item 7-A. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 8: Department Reports A. Parks/Legal Departments: Lions Club Rodeo Ada County CUP Conditions of Approval: Right of Way Dedication De Weerd: Okay. Under Item 8, Department Reports, we will start with our Parks Department and invite Mr. Siddoway forward. Siddoway: Thank you, Madam Mayor, Members of the Council. For your discussion tonight is the Lion's Club rodeo Conditional Use Permit through Ada county for the rodeo. They have conditions of approval on their -- their application that we are prepared to address with Council tonight. They are moving forward and Doug Beehler can talk about this, but -- with the paving of the driveway apron for 30 feet that is -- is required. One of the conditions of approval on the -- their Conditional Use Permit is regarding the dedication of right of way along Cherry Lane. We have Gary Inselman in the audience tonight from ACHD and it's my understanding that ACHD is prepared to defer the dedication of that right of way until such time that either the park develops or there is a roadway widening project for Cherry Lane and we will dedicate at that time. With that I'd like to just acknowledge that both Doug Beehler and Dick Cook are here from the Lion's Club rodeo and, Doug, I would invite you up to the microphone to address the Council and, then, we would invite Gary Inselman just to speak on behalf of ACHD and we will take any questions from Council. De Weerd: Thank you. Good evening, Doug. Meridian City Council August 16, 2011 Page 5 of 34 Beehler: Good evening. Doug Beehler, 556 Knob Hill Court, Eagle. If I recall I have to give you that information. De Weerd: Thank you. Beehler: You're welcome. Basically, Madam Mayor, Members of the Council, we -- when we applied for our permit to pave the -- or asphalt the entry and do a little paving as a condition of approval for the entryway to the rodeo grounds, that's when ACHD said that we need to get the right of way from the city first before they can issue the permit and so that's what started the process of the right of way discussion and my understanding, as well as Steve's, is that that will be delayed as far as the right of way and all of that. As a matter of fact, the permit has been issued for the asphalt and that's in the process of being scheduled. So, as far as I understand the right of way will be something that happens down the road when the widening of Cherry Lane is supposed to happen. De Weerd: But it's our understanding, too, and we will just ask Mr. Inselman to put that on the public record just to tie up any loose ends, but thank you. Any questions for Doug, Council? Bird: I have none. Rountree: I have none. Thanks, Doug De Weerd: Thank you for being here. Beehler: Thank you. Rountree: What did the market do today? Beehler: Pardon me? Rountree: What did the market do today? Beehler: It was down just a little bit. You better get your money in fast De Weerd: Get your money in fast. Okay. Inselman: Mayor and Council, Gary Inselman, development services manager for Ada County Highway District, 3775 North Adams, Garden City. I'd just like to confirm what Steve had testified to, with the agreement in place between the highway district and the city and the fact that it will be a future city park and we are happy to defer the acquisition until at such time as the city's ready to dedicate it or develop the park or we have a road widening project, but I'm sure that's far out in our plans, so -- if you have any questions I would be happy to answer them. Meridian City Council August 16, 2011 Page 6 of 34 De Weerd: Any questions, Council? Rountree: Madam Mayor, I don't have a question, I have a comment. Gary, if you would extend our appreciation to your staff and if your board had action, to -- to come to reason on this particular issue. It seems to me that we -- we probably spend a little too much time jawing about it and scratching our head and wondering why we got into this position, but we appreciate you guys taking the sane approach and moving forward with it and not causing any further delay. De Weerd: Your staff reacted very quickly, worked with Mr. Siddoway and got the letter off to the county in record time. So, those efforts were greatly appreciated. Inselman: Thank you very much. Bird: Thank you, Gary. De Weerd: Okay. Steve, anything further? Siddoway: With that understanding we no longer have to relocate the ditch, which was one of the requirements when we do dedicate that right of way. So, just so Council is aware, at some point in the future when we do dedicate the right of way we will need to relocate a ditch that runs along Cherry Lane, but we now have until we are ready to develop the park to do that. So, thank you. De Weerd: Thank you. And I would note in the audience is our representative for the Rock of Honor and also for the city -- former City Hall project. You guys were on the Consent Agenda, so you don't even have to be here, but you're welcome and it's great seeing your faces in the audience. So, thank you for joining us. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: This subject generates a resolution. Do we need to deal with that tonight or calendar it for a future meeting? I see a resolution about this. Siddoway: Madam Mayor, Councilman Zaremba, that action can be tabled indefinitely until we are ready to dedicate the right of way. The resolution before you is the first step needed in order to post notice to dedicate the right of way, so it's a notice of intent. We no longer need that acted on tonight. Zaremba: Okay. Thank you. Siddoway: Thank you. Meridian City Council August 16, 2011 Page 7 of 34 B. Public Works: Biosolids Lime Stabilization Demonstration Project De Weerd: Okay. Item No. 8-B is Public Works Department on the biosolids lime stabilization demonstration project. Say that really fast. Barry: We don't normally have our -- we are not normally without our technical folks running the system over there. We have an engineer this evening running it, so it could take awhile. Rountree: We are in trouble. De Weerd: Oh, that's the problem. Stewart: The problem is my instruction. Barry: Thank you. Fantastic. Madam Mayor, Members of the Council, thank you this evening for hearing this item. We thought we would bring to you tonight an exciting opportunity for the City of Meridian, particularly Public Works, and that is the opportunity to pilot a new technology, new sort of in biosolids, composting, so soil amendment and most of this presentation will be delivered by Mollie Mangerich, our environmental programs manager for the department. But I wanted to give you a little bit of background before we launch too far into the technical components and the other exciting components of this project. You may recall that some years ago -- a couple years ago -- in 2009, actually -- we had a couple of -- we made an attempt to try to investigate whether or not composting had a viable -- was a viable option for the City of Meridian. Some of the reasons for pursuing composting as a community were not just that it was included in our mission and vision statement as part of the Public Works Department for our sustainability goals, but also the cost of biosolids disposal for the department number is around 150,000 dollars a year. We figured that the impact to the landfill, as well as the cost to the rate payers at about 150,000 a year, were both pretty impactful and so we wanted to look for alternative ways to discard our -- our biosolids and actually turn that waste into a product. What we have done in 2009 and into 2010 is we did a market and -- a market assessment and a preliminary concept study and we attempted to secure a pilot in composting last year. We were unsuccessful last year. We carried forward the money this year and by the time we tried -- by the time the pilot was available to us it had increased 50 percent in cost, so -- and we had done some additional research and found out there was some other problems associated with the type of composting that we were going to pursue. So, we kind of shelved the idea until recently when myself and a couple of staff members went to the city of Coeur d'Alene to look at nutrient -- low nutrient removal processes at treatment plants, particularly in light of what's coming our way with the NPDES permitting for ultra low phosphorus removal and while we were up in Coeur d'Alene we were turned onto the manager of a compost facility up there who introduced us to a new technology that they are actually investigating as well called lime stabilization and that's what's led us to tonight's discussion with you and the discussion about for what our intent is with this pilot project Meridian City Council August 16, 2011 Page 8 of 34 that is now available to us and we hope to have here in October of this year free of charge to the city. So, with that, kicking off that history and getting us ready for the remainder of the discussion, I'll turn this over to Mollie. Mangerich: Great. I have always enjoyed working within the composting aspects of my employment in previous years, but I have mostly dealt with yard waste and wood waste, so this is a good foray that we are able to have this technology come our way and to provide us a wonderful demonstration project for no fee. I'd like to just take a quick background into our traditional composting. We were originally trying to look at green waste composting, along with our biosolids in an open windrow fashion where some more equipment would have been -- had to have been purchased and utilized to flip those windrows over, add air to the pile, we would have had to add water to the pile, so it would have taken a lot of space, a lot of equipment, and a lot of staffing resources. So, it was a great timing that this technology, which is widely used, particularly back east, has come across our path. The owner of this biosolid lime stabilization process is bringing up their mobile equipment to us at the beginning of -- or at the end of October to let us try that for a few days. What's great about this process in regards to the traditional composting is that the end is class A biosolids, no pathogens -- a very high pathogen -- like rats, birds, et cetera, is pasturized and there is very few restrictions of where we can use this product, as opposed to the long time it takes to make class A biosolids of composting the regular yard waste. The scope of our demonstration project is pretty unique. The equipment is coming to us from a national trade show in Los Angeles on a 45 foot bed truck to trailer rig. They are able to put this equipment right at our wastewater treatment plant in one of our existing dry beds. They will provide us all the chemicals, which is lime and, then, a bit of sulfamic acid and two staff persons for the duration of the week in which they will step up, help us operate, show us how to operate and, then, take all the equipment down. So, very excellent customer service at the same time. This is an actual picture of the equipment while they are ready to go on the road. As for the city in regards to the previous pilot program we were looking at, we are providing the location, they are providing all the staffing. Have one operator in a front-end loader that we can provide where we will actually be adding the biosolids into a hopper, which will go into the reactor, at which time their people will add the lime and the acid and close the reactor and, then, for a certain time temp combination they are going to let that process have a very high heat time period to it and exit a class A biosolid. So, we are excited to see how this works and how many through puts we take out within a three day period. We are also going to do quite a bit of analytical testing, both pre and post on this, so the grass clippings that come in we are going to be looking at some pretty worrisome pesticides that can hang out in traditional composing, very popular herbicides, broad leaf based herbicides. We are going to look at the nitrogen, the potassium, carbon content, present solids, organic content. We are going to run entire panel on metals, we are going to include mercury -- so, we will have a full analytical result of the materials pre and post, which will be great. Another benefit of this particular composting or process technology is that under EPA requirements through this lime stabilization process, we can consistently meet the class A standard -- the highest standard of biosolid composting or treatment provided by EPA. We can do it in a faction of space required that is required of more traditional composting Meridian City Council August 16, 2011 Page 9 of 34 technologies. As well, we will be able to see over time now with the timing of this pilot what it costs to operate this type of equipment, the materials needed for the input for the stabilization process, compare that to what we are currently paying for disposal of our digested biosolids and, then, when the Ada County Landfill moves from a volume base to a tonnage base rate for disposal, how those numbers work out. So, the timing of this pilot is great, because it can have a nice spreadsheet in terms of the cost benefits. I have included just a picture of their brochure of the equipment. The appendage that you see -- a nice aspect to this technology is that it comes with its own air scrubber, so as a result there is not going to be any air emissions and, in fact, with normal composting you get kind of a biological odor, kind of a smell of pumice or rot going on, which is normal for that kind of thermophilic reaction happening, but in here they tell us it smells a little bit like wet concrete. So, we will see what that smells like. We will -- De Weerd: Wet concrete versus rot. Mangerich: Yeah. Versus rot De Weerd: Okay. Mangerich: It's a subjectivity scale. My preference is concrete, but -- and, then, we are also going to see the NPH of the product, see its applicability, the type of soils in this area. I will be setting up a meeting with Zamzows, they have done a tremendous amount of research in this area in terms of soil amendments, fertilizers, compost, and see where this could end and perhaps fit in terms of its marketability area wide. When we finish this pilot program we are going to end up with several cubic yards of class A biosolids, for which we will want to have use -- we have within our current permit at our wastewater treatment facility the ability to apply it to our own land these biosolids, so we will be able to do that. We will also have people come out, take a look at it. We'd like to give DEQ a look see at our process, not only during the pilot, but look at the analytics and the quality of the product post pilot project. So, we will have some people from other areas that are coming down to attend this pilot program from other wastewater treatment facilities, et cetera, so we will have quite a learning experience with everybody. Okay. Our next step is just basically looking at the contract and I have provided it to Bill's staff and they are looking at that and putting in the requisite language for indemnification, use of facility, and such and, then, if necessary, we will be bringing that back to you for approval and signature and we are looking forward to the end of October for this pilot program and I'm really happy that this opportunity came our way. De Weerd: Me, too, and it is fortuitous Mangerich: Yeah. De Weerd: Any questions from Council? Meridian City Council August 16, 2011 Page 10 of 34 Rountree: Madam Mayor? Mollie, I have got I guess six things here. You indicated that this is a digester type of activity and it's a high heat. Is there heat -- is there energy added to this or is this all decomposition? Mangerich: The energy is not added to it. It's actually a thermophilic reaction that happens with the biosolids and that slicing of the lime and, then, adding of that acid -- a little bit of acid. Rountree: Okay. Mangerich: And it does a really high burn. Rountree: Okay. And the analytics are going to be done for a wide range, obviously, of metals. Is that going to be done by our lab or is that going to be done by the provider? Mangerich: Because this is a one time battery of tests it would actually cost us more to have to set up for those internally. We can do a few of the simple tests in our lab, so we will just use our Boise lab, like we normally do with our analytics. Rountree: So, there is a cost there? Mangerich: Absolutely. And we have priced those out. Rountree: Yeah. You indicated that it has few restrictions, which tells me there are some restrictions. What are those? Mangerich: Well, these are all delegated or regulated by EPA. So, a class A biosolid has few use restrictions as a comparison to class B. So, these could go for home gardening. This can go for land applications for like commercial agriculture. This can also be used for less high uses for road or bank stabilization projects. This can be used as a soil substitute or aggregate substitute for a wide variety, but the highest level would be to use it in home gardening use. Rountree: And you indicated that the process is done in the vessel, which is pressurized. I assume that's done because of the reaction? Mangerich: That is correct. Rountree: Okay. And as far as the contract when we hear from Bill, but have you or will you be exploring, when you mentioned Zamzows, the opportunity for them to market the material and before that my question is is there enough volume to make it marketable? Mangerich: The original study for composting analysis -- when was that done, about three years ago, Tom? Meridian City Council August 16, 2011 Page 11 of 34 Barry: It was done in 2009. Mangerich: Thanks. It had a very extensive look at the end market usability of the product involved. Retailers, including Zamzows, were included in that and -- Rountree: And it's favorable, as I recall Mangerich: Yes, it was. I also failed to tell you that as part of this pilot program we are getting a pre -demonstration -- presentation by the owner who is going to come out to our staff at the wastewater treatment facility and talk to them about the equipment, the process, the need for staffing requirements and what's actually happening in this strange looking piece of equipment. Not only that, but after the demonstration at some agreed time we will ask them to come to Council and to provide that presentation as well, explaining the process, what was the outcome of the analytics, what type of product were they using, where have they used it successfully before in the United States, et cetera. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Just a quick question off of Councilman Rountree's, Mollie. The pressure -- we are not talking extreme pressure or high pressure within that system -- I mean there is no risk of explosions and pieces and parts flying all over and things being flung to parts unknown. Mangerich: No. In the reactor itself, rather than pressure, there is a lot of heat and due to heat comes destruction of the materials. So, there is not the expansion that you might think of. Hoaglun: Okay. Thank you. Mangerich: Yeah. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Mangerich: Oh. Go ahead. Zaremba: No. Go first. Mangerich: Another aspect that we negotiated into the polite is that we are also with the help of SSC going to be collecting some green waste and being able to stock pile that and they -- the owners for the first time are going to co -process our green waste, along Meridian City Council August 16, 2011 Page 12 of 34 with the biosolids, so that we are able to look at the potentiality of taking both of those waste streams and processing it together, which would be a benefit to SSC and us. De Weerd: So, this demonstration project is something that we had put as a budget item at a considerable amount to research how we can use green waste and some of our solids, but this -- really that presents an extremely low cost -- no cost. You have the labs and some staff time, but this is a great -- great deal for our community and looking at the future direction we were trying to consider for this kind of product, so it works out well and greatly appreciate that. Mr. Zaremba, did you have a question? Zaremba: I did, but, actually, Mollie read my mind. That's what I was going to ask about, was that you had mentioned that it didn't need the green waste and my question was can it use green waste anyhow and I think you have answered that. I would just throw in a couple other comments. One would be consider whether the parks department could use the product out of this in some ways and, then, several months ago I heard something that I don't know if I have passed it along to you or not, but somebody mentioned that there is a large composting project going on north of Parma and they are selling all of their product to someplace in Japan and, apparently, that's a needful market of some sort and I just thought I would throw that comment in there. But thank you very much for what you're doing. Mangerich: I will follow through on that. De Weerd: Mollie, I guess is SSC looking at a special collection for yard waste that week or -- I'd be more than happy to donate. Mangerich: I'm sure that can be arranged. Actually, at our transfer station they regularly get drop offs of commercial landscape waste and a lot of that is primarily grass loads, of which can be set aside. So, in terms of ease ability during the short term of this pilot we would probably be using those stocks that are delivered to their transfer station. De Weerd: Okay Rountree: Madam Mayor, just a reminder to the Council that this kind of activity is a high priority with SWAC. They have indicated that they want to set aside a fair amount of the recycle money that's coming to them for a composting pilot, so some of the cost related to this might be something that they want to consider. I don't know. It doesn't sound like it's going to be terribly expensive, but as we move forward I think it's something that SWAC might be very interested in pursuing. Mangerich: Yeah. De Weerd: Just for anyone sitting out there that wonders what SWAC is, it's our Solid Waste Advisory Committee. So, we do have a citizen who might have a question, but -- Meridian City Council August 16, 2011 Page 13 of 34 Mangerich: Oh, good. De Weerd: If we could have the conversation up here. The question was would the demonstration be available to the public and that's an excellent question, but is there an opportunity? You can answer on the record. Mangerich: There will be and I'm glad there is interest and the public will be notified as to date, time, and location. De Weerd: And we will have that on Facebook and Twitter and on our website and we will try and get that out as many ways as we can. Okay. Any other questions from Council? Rountree: Sounds good. De Weerd: Mr. Barry, do you have final remarks? Barry: The only thing I would add, Madam Mayor, is that the budget amount that was budgeted for the original compost pilot was 40,000 in our budget, so we are actually saving 40,000 of budgeted money from the Public Works Enterprise Fund in exchange for this free pilot. I think as Mr. Rountree pointed out, we will only probably have to expend maybe a few thousand in analytical and technical analysis. So, it's a considerable savings considering what we had budgeted for at the beginning of the year, so -- De Weerd: Fantastic. Thank you, Mollie Mangerich: Thank you. 1. Moved from the Consent Agenda as Item 511): NPDES Permit Presentation & Task Order. Award of Task Order No. 10264 to HDR Engineering, Inc. for NPDES Permit Strategy and Technical Assistance for the Not -To - Exceed Amount of $107,950.00 De Weerd: Okay. Item 8-B-1 is -- was removed from the Consent Agenda as Item 5-D and it's regarding our NPDES permit. Barry: Thank you, Madam Mayor, Members of the Council. De Weerd: And what does that stand for? Barry: Pardon me? Rountree: NPDES. Meridian City Council August 16, 2011 Page 14 of 34 Barry: Oh, yes, I was going to say NPDES stands for the National Pollution Discharge Elimination System and it is a permit that is required for the point source dischargers, of which we are a point source discharger at a wastewater treatment plant and so I wanted to give you just a quick history of sort of where we are, because it's been a long time since we have formally talked with you about NPDES permits. That is because our last permit was obtained in 1999. These are typically five year permits. In 1999 our current permit was issued. That was issued in a time period when our population was roughly around 28,000 folks and our wastewater treatment plant demand was about 2.2 million gallons per day, with a total capacity at that point in time of around four million gallons per day. In 2004, which is five years after the '99 permit, we submitted an application to revise our permit and get a new permit issued, at which point in time the EPA simply said we are just going to administratively extend your existing permit and continue to operate under all the same parameters, terms, and conditions of that permit until we get back to you. It is, of course, 2011 and we still have not heard from the Environmental Protection Agency with regard our particular permit. However, there are activities taking place that we wanted to make you aware of with regard to this region and EPA's intent to issue draft and formal NPDES permits. So, as I mentioned, we are still operating under a 1999 permit and one of the important things in that permit, as you know, as we have talked to you in the past, is that we are flow limited in that permit. We are one of the few permits in Idaho that had a flow restriction of seven million gallons per day of discharge. Today our population is around 76,000 folks. We have had a number of changes at our wastewater treatment plant since 1999. 1 have listed those here and I won't go through the list, but they are extensive and costly and, more importantly, they have changed our process fundamentally and, therefore, that -- those fundamental changes need to be recorded and recertified through this NPDES process with EPA as being approved methods for treatment. As well, our current demand is about -- has grown to about six million -- roughly six and a half million gallons per day and our treatment capacity now rated by DEQ and approved by DEQ is 10.2 million gallons per day. There has been a number of different activities, which we wanted to apprise you of and kind of keep you abreast of in the valley and in the region. One of the most important things that's gone on is the Idaho Conservation League's legal action against the EPA. You may have heard that the EPA had a suit filed against them from the ICL to -- over the back log of NPDES permits that have not been issued or were very very late. As I understand more than 50 percent of the permits in the region were expired. We have, as part of other activities, been holding meetings with three other cities. We call this a four city consortium. Monthly meetings on phosphorus issues and talking about various -- or various different items and issues related to EPA and what the EPA may or may not do with regard to permitting and requirements for phosphorus and other nutrients. So, we have been meeting monthly. You are aware about the Dixie drain project. You may not be entirely familiar with -- although it's very similar -- with the Boise River water quality restoration project. It is a Dixie drain project two on steroids. Essentially, the Dixie drain project seeks to remove phosphorus out of a largely agricultural influenced stream and the acreage of the Dixie drain project, about 50 acres, the Boise River water quality restoration project over 300 acres and upstream of Boise's Dixie drain, which may be problematic for a variety of different reasons, but, nevertheless, there have been a variety of presentations given by the folks behind the Meridian City Council August 16, 2011 Page 15 of 34 Boise River water quality restoration project. And so that's kind of going on in the background. That's important because if trading becomes an option in permits that come our way, we may want to entertain the possibility of trading and so we are monitoring what's going on with those two projects and if it's viable to consider trading as an option. The city of Boise has been given two draft permits, one for the Lander Street and one for the west Boise wastewater treatment plant. They have those in draft. We have obtained copies of those and are reviewing those copies. We have been given indication by a number of different regulatory staff at various regulatory agencies that the Boise -- the city of Boise permit will largely be a template used to issue other permits in the region, which has us concerned, as you may know. We are quite a bit different than the city of Boise with regard to a number different things and so we are concerned about. The city of Boise has been out in front for the most part on issues dealing with the EPA and they have been leading largely the conversation and we have reached a point where we have discussed with our partners in the four cities consortium, the time for -- while continuing to work together, placed our own interest at our forefront right now, so we are changing strategies, although still continuing to work together. Other important events that are occurring is the discussions around the Boise River total maximum daily load. You may recall that the Boise River is limited or has a total maximum daily load for certain constituents on it already. There are a number of other constituents, primarily phosphorus, that is of concern, which is why we are all dealing with this issue and have been for some time. The key amount has not been established for phosphorus, so that will have a huge impact on ultimately what happens in treatment technologies and limits and certainly approaches that municipalities may or may not want to take. It will likely be years before TNDL is developed, which is particularly problematic, because the EPA on their current schedule will likely attempt to lower or reduce phosphorus discharges from point sources considerably and to that end it will be doing so without a TNDL established and that could create some serious issues in that if the TNDL identifies a number or concentration that's higher than what the EPA permits are, obviously, there is -- could be considerable expense trying -- unnecessarily trying to meet a lower limit than what the TNDL elements say. De Weerd: Well -- and the -- the ridiculous part of this is -- points towards polluters -- cities are seven percent? Barry: Seven to eight percent. De Weerd: Seven to eight percent. Barry: Of the total discharge for the Snake River - Hells Canyon system. De Weerd: So, they want to put this on the backs of the citizens, rather than what the real source polluters are. Barry: Madam Mayor, it's very frustrating, you're correct, in that nonpoint source discharges will not be required to meet these requirements. What's particularly frustrating is that here we are as wastewater treatment facilities trying to remove on the Meridian City Council August 16, 2011 Page 16 of 34 order of, you know, four to seven or eight, maybe ten pounds of phosphorus per day and that's considerably high, whereas hundreds of pounds of phosphorus in the form of fertilizers and other things are added to the landscape around us for agricultural use and those constituents, of course, run off, wash off over the land and back into the streams. So, it is particularly frustrating, but that is how the federal government has set up the Clean Water Act and we do not really have a choice with regard to our desires to comply or not, so -- but it's definitely frustrating and costly, particularly, for point source dischargers. A couple of other things that have been going on in the background. You are probably aware of these. We have been updating our sewer system master plan. Our facility master plans and wastewater treatment plant, as well as our reuse master plan is in it's final stages and, then, we have recently organized an NPDES permit strategy group internally and have identified a consultant, which you have a task order to consider tonight with regard to some of the work that we would like to pursue moving forward on this particular issue. So, what's at stake? There is an awful lot at stake with regard to what may or may not be present in our upcoming permit. There are huge cost implications, of course, regarding what may be required of us in the future permit and these costs range, as we have estimated with our consultants, if you don't consider reuse and you consider a different technology, say, for example, membrane technologies, we are looking on the order of 40 to 79 million dollars of new upgrades at the wastewater treatment plant. If reclaimed water or a reuse program is a viable alternative, we may be -- we could see a reduction considerably in the amount of -- in the amount of cost and treatment required to comply, so that the number would come down to about 26 to 47 million dollars. There are some -- some components that need to be in this permit -- this upcoming permit which allow us to use reclaimed water. For example, we would want a mass based limit, instead of a concentration based limit and I won't go into the particulars about that. But the city of Boise, for example, has been pursuing concentration based limits. We are not necessarily understanding why they would want to do that, particularly if they are going to trade for phosphorus pound for pound, why not go after concentration based limits, but they seem pretty firm that concentration based limits will benefit them. We do not believe that concentration based limits are to our advantage and certainly with our reclaimed water program pose actually a problem for us. As well there are considerable -- I mean some of these issues have been identified from the Boise permits. The city of Boise has been asked to do extensive chemical and biological sampling. They have to actually collect fish and do bi-assays on the fish and depending upon what happens with that, we are talking about costs, as they have explained it to us, anywhere in the amount of 18 to 37 thousand dollars per year just on some of the fish and wet testing that would be required. Certainly what's at stake is the viability of our reclaimed water program. If -- first of all, I mentioned mass base limits, but what's also important is seasonal limits and timing. And, again, I won't get into all the nuances about this, but we are really looking for a period in time where we can -- where we are only required to meet phosphorus requirements. If they require us to meet these phosphorus requirements all year long, then, when we are not using reclaimed water, say, for example, in the winter, I still have to put in that treatment technology to treat down to the limits in the off season, the off irrigation season. So, if they choose to make this a year around limit, that could be -- that could kill our reclaimed water program, because it doesn't make sense to invest in Meridian City Council August 16, 2011 Page 17 of 34 reclaimed water and in membrane technology, so we are watching that very closely. So far it looks like -- and looking sort of regionally and statewide there is some flexibility it appears to allow for seasonal based limits, so we are going to have to watch that very closely. There is certainly operational costs and considerations, how many staff we are going to need to meet these new requirements, both in sampling of the laboratory or in operational -- you know, running membranes or running other components of the treatment plant. What's that going to do to rates. There is a lot at stake on this. Flow limits. We think that the flow limit will go away. We don't see a flow limit necessarily -- well, I shouldn't say that. We don't see a flow limit in the city of Boise. There is different ways to couch it, but we do think that the flow limit we have now will either go away or be raised considerably, so we don't see that as an issue, but it's certainly something to watch. Phosphorus trading we mentioned earlier, and, then, implementation timing, you know, how long are they going to give the city of Meridian to comply with these requirements? Is it one permit cycle? Two permit cycles? Three permit cycles? One of the advantages for the City of Meridian is that we are already using technologies that are fairly advanced for our region and to get our phosphorus numbers lower than many of our neighbors. That, however, can sere as a disadvantage in that the EPA could see that, well, you're already halfway there or you're already getting close, so we are just going to drive you further. You ought to be able to get there faster than others. So, that's a concern for us, because, obviously, we have been good stewards of the environment we think with regard reducing our phosphorus discharges and have been for some time and we should be given credit for that. In addition we have spent considerable money on those technologies sooner than other agencies and as a pay as you go organization we certainly need to save up for some of these other dollar figures that are coming our way. De Weerd: Well -- and, Tom, if we can use their example of a permit cycle we could say it's 11 years, so -- Barry: I suppose you could. De Weerd: Or longer. Barry: I suppose you could. So, our strategy going forward -- because we want to keep you in the loop as to -- you know, we don't have a permit right now. No one has been designated for the City of Meridian to our knowledge. They haven't really been talking with us, but we'd like to get on the front side of this. We don't want to be reaction -- or reaction based, we want to be proactive in what we do. So, our strategy is to acquire assistance from a consultant, which we have identified in the past quarter here to update and resubmit our 2004 permit application and that's not just as simple as filling out one sheet of paper, usually permit applications are pretty intensive. We also would like in that task order to consider this as well, for our consultant to assist with strategy development and approach to negotiate our permit terms and conditions and provide scientific analysis, as well as technical assistance as we move forward negotiating our permit with the EPA. We also feel strongly that we want to take a preemptive interaction -- or preemptive approach with the EPA and DEQ, formulating our concerns, Meridian City Council August 16, 2011 Page 18 of 34 issues and desires before we get a permit in draft form. So, we'd like to touch base with DEQ, EPA, and other regulatory officials to do this and certainly the task order allows for some resources to help us have those educative conversations with those regulatory agencies. We may need to identify a legal counsel for EPA negotiations. That depends on a number of different factors and we won't really know that until we get into the dialogue. We will certainly work with Mr. Nary's office and in the event we have to pursue this avenue, we would update you as well. Right now there is no plans currently and nothing outlined in the task order for acquiring legal assistance, but we just want to let you know that that is typical during these kinds of negotiations and it's possible we may need that in the future. We need to internally select an EPA negotiating team, which we will do, and, then, we want to continue our monthly meetings with internal working groups, as well as other municipalities, the water shed advisory group, the technical advisory group, and others as appropriate moving forward. So, a number of different things that we still need to keep abreast of. So, what we ask this evening is for you to approve the task order that's in front of you. If you allow us to work with our consultant in the work I have outlined and also, just to let you know, our next step as I have kind of outlined, again, working with DEQ and EPA, updating and resubmitting our application. Finalizing our negotiating team and, then, of course, legal counsel as needed. So, that's really where we are at the moment. I will stop there and ask if you have any questions, comments, concerns that I can take to the consultant or my staff or address any of those at this point in time as well. De Weerd: Thank you, Tom. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I certainly appreciate that we can see this freight train coming at us and I appreciate that you're being proactive about trying to resolve what's going to come. Just as a typical Zaremba sideways question, is there any chance that we could stop being a point source by buying a square mile of farm land and keeping it agricultural and using our discharge to fertilizer it and, then, it's no longer a point source? Barry: Mr. Zaremba, actually, a fair question. The -- the concept there is similar to what we are employing with our reuse program. If we could in theory take all of the water out of Five Mile Creek that we currently discharge there and apply it on land, for example, assuming that doesn't get back into any kind of surface water that goes back to waters of the United States, then, we would not be a point source discharge and require this permit. The problem is now we have got to deal with other regulatory agencies -- in this case it would be the Department of Environmental Quality. So, we have kind of looked at that as a strategy. Could we do say, for example, direct injection, could we inject the water we have into the ground, avoiding surface water, but there is the groundwater rule to contend with, there is other sort of more technical issues that surround challenges associated with direct injection or rapid infiltration in the aquifer storage and recovery. I will say that the city of Nampa is seriously considering a -- a rapid infiltration project Meridian City Council August 16, 2011 Page 19 of 34 whereby they would build a pipeline as I understand it ten to 15 miles south -- southeast or so -- maybe southwest -- I think it's south to southeast of town and identified a couple areas where there are actually aquifer reductions and they think that that might be a potential solution for them and so they have -- they are actually working on that very concept. We are monitoring that closely. Our challenge is that we already have high water in our general vicinity and the likelihood of being able to find a place to discharge six to ten million gallons per day without impacts to ground water or ground water levels or those kind of things would be very very difficult for us. But we are going to watch what Nampa does. There may be an opportunity for us to partner with them. I don't know. Probably unlikely, but I think at this point in time all the municipalities are looking at one another and working together and we are all in the same boat and I think we will - - as we have done in the past, we will continue to share our issues, concerns, and potential solutions to this problem. But it's a fair question, I just don't think it's very viable, at least in its conceptual form as we have addressed it in the city. Zaremba: Thank you. De Weerd: Mr. Rountree. Rountree: Thank you, Mayor. Tom, you have described this as a preemptive measure. Given EPA's inability to keep track of, pursue, or deal with requests for permitting that's taken, what, 11 to 12 years since the last one and we have approached them previously and we have been really up close and personal with EPA rather recently and it still seems as if there is no action. So, I -- my question is is the timing now or is it something that we anticipate and when EPA starts thinking like they might do their job, that, then, we do it and we do it in such a fashion with the information we have at that particular time, because it seems to me we could take the preemptive measure now, spend a fair amount of money, do some really good work, but not quite hit the mark that we needed to for the permit. So, I guess my question is is the timing right, can it be put off for awhile? I'm not concerned about what you're doing, it's the right thing, but is it the right time and do you have a sense that EPA is getting in the starting blocks on this? My guess is we won't see anything from EPA until after the next national election. Bird: That's right. Barry: I think your question is very fair, Mr. Rountree, and, you know, I can't predict what they will or won't do. Or I should say I can't tell you what they will or won't do, but the prediction is that they will be dealing with the other municipality permits sometime in February of next year. That's what the word is on the street. Now, you know I have talked with you either individually as my liaison or whatnot and kind of said, well, it looks like maybe we are going to get the draft permit next year and I think I have said that two or three years now. So, your question is very very valid. The difference here is that the city of Boise has gotten its permits. That to us is a sign that -- and the other thing that's changed is the ICL suit that's been filed. So, we know there is pressure on the EPA and we know that the city of Boise just got two of their -- both of their permits, essentially. So, we feel that if we delay much longer we might miss an opportunity to proactively Meridian City Council August 16, 2011 Page 20 of 34 engage the EPA and our other regulators, but, you're right, I mean they -- they could decide at anytime that, okay, we are going to finish out Boise, then, we are going to wait eight months to negotiate with Boise and the election comes up and whatever happens and here we have got Meridian barking at us to get their permit and, you know, maybe in reality we could gain another year or two years. But I think if you -- I think it would be concerning to me to go into -- to engage the EPA after we have gotten a draft permit. So, it's -- it's kind of tough. But to me we have been as close as we have been in my time with the city negotiating with the EPA to having draft permits issued in the time frame that they think is going to be realistic. I put it between February and maybe June of next year in draft form. And if they are serious about using the city of Boise's template it will go pretty quick, because I don't think you're going to change a whole lot if they are going to use their -- because it's been essentially written. So, it's a great question and I'm not sure I'm going to be able to give you an answer you want to hear. Rountree: Madam Mayor? Tom, I understand the answer. It seems to me that in your approach and with the consultant's effort you're talking a lot about negotiation with EPA and that creature changes pretty dramatically with politics and time. If you do enter into negotiations -- and probably this is a question for Bill or the legal counsel that might work with the consultant is that if we hammer out an agreement with EPA, is it going to be something that -- that we can hold up and say, hey, this is what you were agreeing to, as opposed to this is what we thought you agreed to and now we have a new EPA administrator, we have a new administration, that either is more stringent or less stringent -- I guess I want to be comfortable with what we negotiate is contractual and we can hold them to it and I'm -- given our past experience with them I'm not sure that there is a real good trusting relationship there. Barry: Fair enough. I'm not going to be able to give the answer that you probably are looking for on this either, because, you're right, things constantly change. We just had a strategy meeting with the consultants this afternoon in which the consultants gave an example that a city and a county -- the city was within the county, both got their permits for the wastewater facilities within two weeks of one another and they were different. And the answer to the question as to why they were different was -- the EPA's response that -- we updated our template between the time frame that the one was issued to the other. So, it's absolutely possible that it could change and if it gets delayed it could change considerably. One of the other things to consider is that when the draft is issued it goes through a -- you know, you go and negotiate with the EPA until it gets into sort of final draft form and, then, it, essentially, goes out for public comment and it could change considerably during public comment period as well, depending upon what comments come in and what concerns or threats or whatever come from any organization or individual. The city of Boise has not entered the public comment period yet. We don't know if there is an interest by anyone in the community or state for that matter with regard to what is in their permit or what is not in their permit, but there are a lot of variables and until it becomes a final permit it is a document that is subject to change at anytime, really. So, it's going to be a bit of a gamble either way I think and I wish I had a better answer for you. Meridian City Council August 16, 2011 Page 21 of 34 Rountree: Madam Mayor. Just a final comment. You have heard my concern. I think contractually as you enter into this, if, in fact, we move forward with it, is that we need to have specific milestones in the contract with whomever we hire to do this and our project manager needs to hold their feet to the fire, as well as EPA's, and I think there needs to be a contract with EPA that they are going to be willing to sit down and negotiate with us. If there is not sufficient progress and it seems like we are spinning our wheels, we need an out -- you know, we need to be able to say this isn't going anywhere, I'm not going to spend anymore money. Barry: I appreciate your comments. The contract reference you made between us and the EPA I don't think we will ever get. They will just say, you know, that's not what we do or I have never seen it happen where they enter a contract to say we are going to pursue this. You may recall a strategy that we took as a community a year and a half, two years ago when they asked us to update our permit application, which cost us a considerable amount, because as I mentioned last time it was done was in 2004, there has been a lot of new technology, a lot of upgrades to the plant. Essentially, I asked for their schedule for compliance with regard to establishing when the draft permit was going to be developed and when the public comment period was going to be and when they could provide that schedule to us, then, we would go and invest in upgrading that permit. They never responded, so we never responded and here we are. So, we do try as best we can to get an understanding as to what their -- what their schedules are. There are no guarantees, because they are in the driver's seat here, kind of all the way around. As it relates to our consultant, absolutely. Say, for example, we decide we want to engage the EPA and the EPA says to us, Meridian, we are not ready to work with you yet, we are going to finish up the city of Boise first, then, we will rein back in our consultant, we obviously won't have them working just to work, we will rein them back in until the EPA is ready or we will take a different strategy, which might be trying to encourage them to work with us. As you know, budget constraints all the way around have got -- you know, reached the farthest levels of federal government as well and the permit and regulating agencies are strapped for funds, too, and so personnel is tight and, you know, we are not sure if there is capacity right now to entertain a negotiation with our community for a draft permit either. So, those are part of the preliminary -- the preliminary work that needs to be done in order for us to really gauge how serious the EPA is with regard to moving forward on these draft permits with regard to our community. Rountree: With respect to a contract with EPA, I meant what you alluded to, a commitment on their part that they are willing to sit down and negotiate. Without that I don't see any reason to move forward. Barry: Okay. De Weerd: Mr. Hoaglun. Hoaglun: Madam Mayor. Councilman Rountree raises some -- some very good points and I think it kind goes back to his years of experience dealing with other parts of the Meridian City Council August 16, 2011 Page 22 of 34 federal government that he brings these good points to the table. I like the approach that -- that Director Barry is bringing forward just from the standpoint that we will be proactive, as opposed to reactive. I think there is something important where we are driving the permit terms and conditions and not responding to what EPA is doing in driving their permit terms and conditions, that we can kind of control that as much as we can, knowing we won't fully control it -- as much as we can to put our issues forward and move that in the front -- forefront. The scientific analysis and technical assistance that this help would bring I think is important, because as Councilman Rountree pointed out, you may have a change of administration, a change of philosophy, change of so many things, as you pointed out, Tom, that could happen in the interim while this is going forward, but if we have the science and base it on the science that's there, it's solid, then, they don't have as much wiggle room to try to put us on the hook for some things and that's something I'm concerned about and -- because it does happen, unfortunately. So, I think it's a good thing that we move forward with this and try to be proactive and capture the data and put together our best case and use that information going forward, so -- Barry: Thank you. De Weerd: Okay. Any other comments from Council? Okay. You do have a task order in front of you that is looking for some action from Council on. What is your direction? Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I would move approval of the award of task order number 10264 to HDR Engineering, Inc., for NPDES permit strategy and technical assistance for the not to exceed amount of 107,950 dollars. Bird: Second. De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Tom. Barry: Thank you. Meridian City Council August 16, 2011 Page 23 of 34 De Weerd: Just -- I want to make sure that John doesn't leave before I say this. I was going to do it at the end, but I did go and pick up the city's trophy for the softball game against the chamber and since John just really impressed me with his tenacity and his ability to just not quit, it was very impressive, John, and so I wanted to let you know we did pick up our trophy and it will hang proudly somewhere -- maybe we need to hang it in your office, because certainly you deserved it. And they did print the score 38 to two. Bird: Thirty-eight? I thought it was 48. C. Building Services: Award of Agreement for Automatic Temperature Control System to ClimaTech Corporation for the Not -To -Exceed Amount of $479,441.00 De Weerd: We let them cheat by ten. Thirty-eight to two. So, anyway, next item on the agenda is Item 8-C, which is our building services and I will turn this over to John. You are very fortunate you didn't have longer term damage. McCormick: I am. And thank you, Madam Mayor, for those kind comments and good evening and Members of the Council. I wanted to speak to the contract agreement that has been submitted by ClimaTech. This is to install the automated logic solution for our HVAC controls throughout the City Hall building. On June 6 -- or excuse me -- June 7th of this year you approved a sole source agreement for 468,720 dollars. During that time and now we did our due diligence in terms of getting the contract together, going out and publishing sole source for the appropriate period of time and that sort of thing and, then, working with ClimaTech to get the details of the contract together. The contract agreement is for 479,441, which is a difference of 10,720, if my math is correct. And so as good as we were at doing our due diligence, we overlooked one important item and that was a performance bond and so the performance bond was not included in the sole source agreement, but was included in the contract and that's the difference. So, I just wanted to make that explanation to you, so you understood that, you know, there is no end around stuff going on here or slight of hand, that sort of thing. And with that I would seek your approval for the contracted amount, so we can move forward with the work that we have to do and I stand for any questions. De Weerd: Thank you, John. Council, any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Again, a sideways question. Is there any opportunity for any kind of a rebate, like from Idaho Power? If we are going to be doing this it sounds like we are probably going to be saving energy, saving some stuff. I'm just curious -- you maybe haven't explored this yet, but whether there is some rebate or it helps us qualify as a high efficient building or something? Meridian City Council August 16, 2011 Page 24 of 34 McCormick: Actually, there will be some benefits from this action. There already has been with the pre -cooling benefit that we get through the wet side economy -- economizer that cools the IT server room. We have seen consumption drop off for that reason and that's six months of free cooling during the year when temperatures are less than 50 degrees outside. This particular system will interface with NOAA, so it will take information from the National Weather Service and integrate that into the controls and so when the building needs cooling it will cool it appropriately at the appropriate time, so we will look at the forecast and be able to integrate that data into the behavior of the system itself in delivering either cooling or heating. Now, we will still continue with the wet side economizer to take advantage of that precooling. The estimate at this point -- and we have achieved a 1,500 dollar award from Idaho Power already. The other benefits would come probably in the neighborhood of anywhere from 15 to 28 thousand dollars a year in electrical savings. Now, we have to be cautious when we talk about dollars, because the kilowatt dollar per hour or the unit price of that product goes up and so we -- we might avoid some escalation of cost, but the key thing is what happens to consumption and so what we are trying to focus on is driving our demand for electricity down and that will result in either a cost savings directly or avoiding any escalating cost. And we should see immediate benefit from that. We have one year to sustain an Energy Star rating of 75 and once that kicks in after this system is installed, we should be able to sustain that at 75 and that will give us the Energy Star compliant to warrant and there should be some benefit from that as well. So, it's all pretty much upside, notwithstanding the increased comfort level of the employees of the City Hall and the people who visit our fine building and spend a lot of time here. Zaremba: Thank you. McCormick: Thank you. De Weerd: Okay. Any other questions? Okay. Thank you. Thank you, John. McCormick: Yeah. Thank you. Hoaglun: Madam Mayor? Zaremba: Do we need to take action on that? De Weerd: I certainly need action. Mr. Hoaglun. Hoaglun: Yes, Madam Mayor. I would move approval of this award of agreement for automatic temperature control system to ClimaTech Corporation for the not to exceed amount of 479,441 dollars. Bird: Second. De Weerd: Thank you. I have a motion and a second. Any discussion? Madam Clerk, will you, please, call roll. Meridian City Council August 16, 2011 Page 25 of 34 Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. D. Legal Department: Taxicab Mobile Sales Unit License Ordinance Discussion De Weerd: The next item, Item 8-E, is also our -- I'm sorry. 8-D. Is our legal department and I will turn this over to Mr. Nary. Nary: Thank you, Madam Mayor, Members of the Council. On your -- in your packets tonight there is a draft ordinance for taxi cab licensing. Back in March of this year we received a letter from a taxi cab owner in regards taxi cab businesses in the valley, including the City of Meridian and suggesting that we adopt some sort of regulation in the city for regulating the taxi cab businesses. We formed a committee at that time made up of staff from my office, police, planning, and the clerk's office to figure out how we could do that, what we would want to regulate, what we would recommend relating, and how it could be handled without, again, adding additional staff or additional work of a great magnitude. So, from March to June the committee met, looked at other cities, both locally, as well as around the country, and what types of taxi cab regulations have been effective in various communities. Obviously, the city to the east has a fairly extensive taxi cab ordinance and a vehicle inspection program that they are required to have the city of Boise actually inspect their vehicles annually, in addition to they can also have it done -- they have to have it at least done once a year by the city and, then, also it can be done through other vendors with the city. And, of course, they have an airport that's a greater driver of the taxi cab business, but we looked at other local cities, like Caldwell where they don't have an airport of any real magnitude and that's not a great driver, but yet they find there is a lot of taxi cab businesses that don't have a real relationship to the airport, because our initial thought was, you know, maybe we, basically, grant reciprocity to existing licensees and, then, we wouldn't take on a great deal of burden for the city clerk's office to manage a license program of that sort, but the concern was -- in talking with Caldwell is that you have businesses that don't want to operate in the city of Boise, either can't meet their requirements or don't want to meet their requirement and don't use the airport as their main source of income, that they can do enough business within the city itself to sustain themselves. And so we felt it was important if we were going to regulate this that we could maybe grant reciprocity to some degree with -- with the city of Boise, but we needed to have our own system set up for Meridian, if that's the direction we chose to go. So, March through June the committee met to form through this process and basically what we did is we looked at our mobile sales unit license that already exists and felt that was a method that we could probably expand. We would create its own license, but it was a method that already exists for us, so it's not something we were creating completely out of thin air. The committee then met separately with both the owner of Boise City Taxi and Black Meridian City Council August 16, 2011 Page 26 of 34 and White Taxi, because both of them had made some contact with the city and had concerns on how this would work or how it might impact their business and we got their input, then, we continued to work on the draft ordinance. We also contacted ICRMP and also All American Insurance in regards to what insurance would be necessary that we think would be appropriate for these types of businesses. Mr. McCurdy, the owner of Boise City Taxi wrote back, I met with him, as well with our staff, and I think the disconnect with Boise City Taxi is they are used to operating at a larger scale and one of the things that they really are seeking -- probably need more legislative guidance than really can be done at the city level. His perspective, which I can't disagree with, I think he understands the taxi business, is that when you're looking at a large metropolitan area you want consistency between all the various cities. Well, only at the legislative level can we really do that, unless we jointly want to cooperate, but, again, the cost for us to manage a program like Boise's is significant. Well, certainly for Eagle or Kuna, or Nampa or Caldwell would even be more. So, it's not practical from that perspective to just get cooperative ordinances, you really have to look at what makes the most sense for -- for our city. The other thing that we couldn't agree on is -- and this is a sticking point that's really for -- for what we are seeking direction from you tonight is the committee's view was inspections of vehicles -- although it is important, can be a very expensive time consuming process to go through and the committee's view was that the -- the quality of the vehicle or the safety of the vehicle really is in the cab company's best interest and not necessarily in the city's. What the city's best interest is is making sure that people know what the cost of the ride is before they ride and that the person that's driving this vehicle is -- has been checked out or has a background check been done, so that they are not on the sex offender list, they are not a felon, that they are, essentially, safe to be in the vehicle with this person. We felt from a priority standpoint for cost and in cost of the program, that that was a greater priority than we also trying to implement a check system of inspections as well. So, that's kind of the sticking point we end up with Boise City Taxi, Mr. McCurdy's pretty adamant that we need to have that type of system in place and we didn't feel realistically that it was very practical for the city to try to do that. The things that were exempted -- basically -- and Boise city has the same -- same type of exemption. If you're coming into the city -- if you're not licensed in the City of Meridian, but you're licensed in some other city and you're just coming to either pick up or drop off within our city, so you're not cruising around, you're not waiting outside for a fair at a hotel or a bar or something like that, you're just driving someone from the airport to their home in Meridian, you don't have to be licensed here. If you're licensed elsewhere that's adequate. If -- if it's a prearranged appointment we have allowed that, so you can contact a cab company to come and get and they don't have to be licensed here. So, we felt that maybe I guess take a smaller bite at the elephant up front was really to just license those that want to operate within the city here, don't necessarily operate all over the valley or don't necessarily operate already in the city of Boise. If you think it would be better or more -- or more -- a better use of our time to license all of those types of businesses, that's certainly doable, it's just a little bit more work and time to license those. There is hundreds of cabs and so it can be -- it can be pretty daunting to take that on, but if we have enough adequate lead up time we can do that. But right now that's not -- that's not required. The other things that are exempted is shuttles. So, if it's a fare -- if it's a nonfare ride -- so you're getting Meridian City Council August 16, 2011 Page 27 of 34 a courtesy ride from the -- your mechanic or a courtesy ride from a car dealership or something like that, there is no fare involved with that, then they don't have to get a license from those. The only ones that will be required to license is, again, taxis and limousine services that operate within our city, those would require that, as long as they were operating within and not just transporting from Boise to here. Other things -- the standard stuff, license, they have to be 18 years of age, there is a background check done, they have to provide insurance, they will have to have posted rates -- it will either have to be a metered rate or a fixed rate. The committee did not have an opinion that one was better than the other. The committee's opinion was that the consumer should know what the rates are prior to accepting the ride. But whether the rates were done on a metered basis by the mile or whether the rates were done on a fixed rate, wasn't really something we felt that was significant enough to want to regulate. Again, we could. If that's your desire we could certainly go back and revisit that. There is some UDC changes that were put into place in regards to essentially dispatching units, so that way you don't have a problem that Kuna experienced where you had neighborhoods that became, essentially, the transit center for a cab company, so we have put UDC codes in place to cover that, so that should not be an issue. And the last is we wanted to make sure that all of the ones that licensed in the city have a distinctive color scheme, would register their color scheme, uniforms, those kind of things with the city that their driver should be wearing, so that we would be able to identify who they are. And there would be an annual renewal and we would work with the police department and the clerk's office on if we go this route when we would implement this. We have had this same discussion in regards to precious metals that if we were to implement this -- say, for example, from this point forward to the end of the year, that the license for the driver would be good the rest of this year, as well as all of 2012. Otherwise, they are just turning around in three months and coming back and doing the same work all over again and we felt that was not very fair or practical to do. So, we felt we would issue the first one for the 14 to 15 months or whatever the amount of time would be and, then, from then it would be an annual renewal from that point forward. That's all I have. The ordinance, as I said, is on there. Basically, the decision points or the direction we were seeking is do you want us to regulate the inspections, do you want us to regulate rates and do you want us to regulate all cab companies, whether the are licensed in other communities, they would have to have a license here as well. De Weerd: Okay. Council? Rountree: Madam Mayor, my first reaction is is that we probably ought to implement the UDC portion of that, but the remainder of this I believe is something that is region wide and at a minimum probably ought to be implemented county wide, much as taxi services are in other metropolitan areas where fees for zones are established, so if you know you're going from this zone to this zone it's posted in the cab and you know what you're going to pay. But it seems to me if we start trying to do this, how are we going to regulate fees for somebody like Boise Cab who comes to Meridian to pick somebody up to take them to the airport. I do that frequently and every time I go to the airport it costs me a different amount. It really doesn't bother me, because it's a service that I need and I'm willing to pay for. I have no idea how staff is going to regulate something like Meridian City Council August 16, 2011 Page 28 of 34 that. To me it's -- you're getting into a -- you're building another bureaucracy only in Meridian. I appreciate the effort and -- I don't know, I'm just really struggling with how do we make it work as an island within our metropolitan area. Nary: Madam Mayor? Madam Mayor, Council Member Rountree, you have hit on exactly the dilemma we started with as this group, is that, first, the safety aspect for the passengers certainly makes sense. Rountree: Yes. Nary: But when you get down and drill down to it you reach the same concerns that we have is how do we not create a huge regulatory bureaucracy, keeping in mind the safety of the public, but yet the reality has been in asking both the city clerk's office and the police department have we received complaints of any kind and we haven't. So, the nitch that exists currently today -- now it doesn't mean that we shouldn't keep our eyes on it, but the nitch that exists today where you have cab services that will charge you to come get you, as well as to transport you, because of where they are located and where you're located, versus some that will only charge to pick you up and transport you, is two different nitches that exist that appear to be serving their customers without really a problem that at least comes to the city. It doesn't mean there are exceptions, there probably are, and anecdotally you're talking with both of the cab owners, they both know of incidents where customers would call one cab company, the cab company never showed up. Those types of things are probably going to happen regardless of whether regulations exist, but we didn't have any consistent, you know, data to determine that there really was a problem we were trying to resolve, but, again, I recognize the desire for safety and concerns about the public. You know, we did the same issue when we were faced with mobile sales units a few years ago and talked about the mobile vendors, like ice cream vendors and such. Anybody can operate that kind of business. We had folks that were concerned for the city and we choose to do that. We haven't had that experience today, but it doesn't mean we won't. So, you know, I think we have got it to the point that we have really got it down to those three questions and that's I think -- there is not an urgency, so I'm not saying we have to put this on next week. We can certainly table this until your September workshop to give you time to review the ordinance and some time to ponder that and we can have a conversation about it again. De Weerd: If I could have called the Mayor's office when the taxi never came to pick up my husband I would have. I had to go pick him up, so -- Zaremba: Madam Mayor? De Weerd: -- I always like to put my own blame on someone else. Mr. Zaremba. Zaremba: In agreement with what Councilman Rountree has said, this is a lot of good work and I think something like that needs to be done. I really think it's much more effective on a regional basis, whether it's just Ada county or Ada and Canyon combined and I don't know how we make that happen, as you have already observed, other than Meridian City Council August 16, 2011 Page 29 of 34 just as we have tried to do with the fireworks ordinance and a couple other things to get our neighbors involved in doing something similar, it doesn't always get the same impetus, but to me what kicked this off -- and I only see one reference to it and that is paragraph E-2 on page nine, about where you can park any vehicle that's in this business. To me what kicked it off was the issue in Kuna where they were just using a neighborhood to park their fleet when they weren't using it and apparently servicing it in the driveway or doing something like that. Are you saying that the new UDC elements - - apparently I hadn't seen them. Maybe I'm missing something. But the new UDC elements cover that, even though it's not specified here? Nary: Madam Mayor, Members of the Council, yeah, that was -- actually, before Anna left that was the first thing she wanted to address. They had already -- and I don't know -- we don't have a P&Z meeting this week, so I'm not certain where in the process it is, but I know they did craft that to bring it to P&Z, so, then, you should be seeing that. They had other inquiries of other types of dispatching services. I think it was Merry Maids or another business like that, that wanted to, again, operate in a neighborhood and so Anna felt that there probably was more than one type of business that this would relate to and it made more sense to create a zone for those types of things and allow them in certain areas and not others. So, that is working its way through the process. But, again, I would agree with all of you, it has been a struggle in trying to figure out how do we do this without -- without a state system that either makes it very simple to create an authority, you know, I mean -- I guess they could talk to VRT or COMPASS and see if somebody else wants to do this, but to really create some kind of regional authority when county ordinances don't apply in city limits or aren't -- don't have the same enforcement capabilities in the city limits, so you have to really do it at the state level and, again, to try to deal with an urban -- a purely urban issue at the state legislature has always been very difficult, because it really doesn't grasp the attention of a majority of the legislators, because it doesn't impact them. So, I would agree with you, we -- and that's exactly what our discussion was with Mr. McCurdy. As I said, I didn't disagree with him that it works better and is more effective on a larger scale, we just don't have a mechanism to do that and without the legislature changing some state statutes to allow for that, we really have to do it based on what's the best interest of our city and, again, you're going to have Kuna with on set, you're going to have Caldwell with a different, Nampa with something else, Boise with something else, probably Eagle with nothing. I mean I think you're going to have a lot of misunderstandings and one of the -- in fact, one of the primary discussion points they had with Boise City Taxi was they said based on the level of business that is generated in our community, it can use approximately four vehicles. Well, based on the way our system is I said, then, it has -- if you want us to inspect them, then, it has to be those four vehicles every time. We are going to license -- you can license every one of your drivers, so you can use any driver you want, but if we inspect vehicles, then, it's got to be those vehicles or you have to pay to inspect every one of your vehicles in our city as well, which, again, now becomes very cost probative. So, it is a chicken and the egg to try to figure out when is the right time, is this the right time and what exactly do we do. So, you know, I think the committee has got it as far as we can take it and, again, I'm certainly, you know, willing to wait until your September workshop and we can at least have some time to ponder it and if you Meridian City Council August 16, 2011 Page 30 of 34 have some direction that we can work on between now and then we can certainly do that. Zaremba: Madam Mayor, follow up? De Weerd: Yes Zaremba: Thank you. I think that's all good and I do like the suggestion of putting it on the September workshop for further discussion. You in passing mentioned an idea -- very early in VRT's existence I think they looked at their charter from the state and said that taxi cabs could come under their regulation. They are a form of public transportation. They chose -- we chose not to pursue that at the moment, but maybe it's time for VRT to reconsider whether they should be the agency and I know from my travels and work around the country that taxi cab authorities are very common and sometimes it's a government agency and sometimes it's actually industry regulated and even the industry regulated ones do a very good job of policing themselves and other interlopers in particular. So, along with our discussion in pursuit of this, we may want to raise that at VRT as well to see whether they might begin to take an interest in this again. Just a thought. Nary: Madam Mayor? Madam Mayor, Members of the Council, maybe prior to the September one I could at least have a conversation with VRT, as well as Boise city, they have by far the most comprehensive scheme, so it would appear to me that if VRT wishes to take that on, that would probably be the model they would use or something similar to that and it would seem to me that Boise City's buy -in to be a part of that would probably be one way or the other. If they said we are not interested, I guess VRT could do whatever they want to, then, that would probably take the path one way and if they said we would happily turn that over to somebody else to do it and help them transition it, that would probably drive it a different way. So, I could certainly have at least that discussion between now and your September 13th workshop and I can report that back. Zaremba: And an exploratory discussion would be great. Nary: Yeah. And I can at least report that back to you where we are at and, again, I think from a global standpoint it would certainly make the most sense. We have learned a lot on how the taxi cab businesses work and I think when we started in this we felt that the airport was such a big driver that that's probably the direction we need to focus and, then, talking with other communities they found the airport certainly is significant, but in Caldwell it's -- a lot of people use it in the Caldwell -Nampa area to transport themselves around Caldwell and Nampa and don't go to the airport. You know, whether it's folks that can't drive or elderly, they aren't able to drive any longer, but there is certainly enough business for it that the airport is not a significant factor to their business, so they are still operating somehow. So, a transit authority would make more sense. Hoaglun: Madam Mayor? Meridian City Council August 16, 2011 Page 31 of 34 De Weerd: Mr. Hoaglun. Hoaglun: While I'm willing to take another look at this in September, I don't know if we are there yet for this community to get into this. Are we ripe for this type of regulation and the different things that Bill and the group struggled with, you know, are major issues and I know for me when I need to go to the airport and it's at early morning, I have got a company I call, because I know -- pretty sure they are going to be there on time. I know what the costs are going to be, they are going to get me there and it's just my responsibility to do that. I don't rely on, you know, the city to make sure everything is done correctly. But, like I said, I'm willing to see what -- if there is something VRT is interested in doing or willing to do, I don't know, but right now I'm a little hesitant to go down that path. De Weerd: I could tell you a company not to call. I guess my only point was -- is when someone calls a cab and they get in it, there is -- there is an assumption that someone has checked out that driver and you will be safe when you get in it and I think that Councilman Zaremba in his dealings throughout the country in transportation related things that that's a very common assumption and so as the Black and White Company sits across the street at the bar waiting for someone to stumble out the door, do we know that they are getting into a cab that's safe and I guess that's the balance. Is it our responsibility? I don't know. But it is the assumption of the public Bird: Madam Mayor? De Weerd: Mr. Bird Bird: The only thing is a license don't keep the person from doing that. The license isn't -- it's -- it's going to tell the people that, yeah, they are licensed, but it's not going to tell them and they just walked out of the bar themselves and got in the car. It is a problem. It happens a lot more times than we would like. The exact thing that you say, they -- the drivers are licensed, but they do some stupid things. So, I don't think license is going to do it. I'm like the rest of the Councilmen, let's bring it back, see what VRT or someone - - and let's listen to it in September. Right now I think it's -- in the first place, I think it's going to be harder than the devil to police and some of these cab companies only come in here once or twice a month, do you think they are going to come and get a license? No, they are going to take the chance, they run in and out. I just -- I think we can listen to it and, then, decide in September. I appreciate what the committee has done, though, Bill. You guys, I appreciate it. De Weerd: Any comment over there? Okay. Okay. We will bring this back to Council E. Legal Department: Proposed Addition of Mutual Hold Harmless Clause to Memorandum of Agreement Designating Boise City/Ada County Housing Authority as City's Agent to Purchase Housing and Urban Development (HUD) Dollar Homes Meridian City Council August 16, 2011 Page 32 of 34 De Weerd: Item 8-E is also under our Legal Department. Nary: Yes. Thank you, Madam Mayor, Members of the Council. You should have a signed agreement. I think it was a faxed signed agreement. We did this earlier with the Boise city -- or the Ada County Housing Authority. We had some issues, their lawyers talked to our lawyers and there was some issues they had and we have ironed them out. The issues really were -- the most critical for the city was if we are going to, essentially, grant this authority is for the housing authority to act in purchasing a dollar home, they need to be responsible for the transaction and after some discussion Mrs. Kane had with the Ada County Prosecuting Attorney's Office, the agreement basically states that. They are responsible for the transaction. The only thing the city is responsible for is any acts that were done by our employees. So, the risk is pretty slight in that regard. Really, the -- the whole issue is going to be identifying properties and, then, them carrying through on the transaction and they will hold the city harmless, they will indemnify us, we weren't required to indemnify them, and so we think it's satisfactory and so it's ready for approval for you. De Weerd: Thank you. So, do you need action on this this evening? Nary: Yes, ma'am. You need approval for you to sign. Bird: But for the MOU? Nary: Yes. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would move that we approve the MOU with HUD and for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-E. If there is no discussion, Madam Clerk. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 9: Future Meeting Topics Meridian City Council August 16, 2011 Page 33 of 34 De Weerd: Under Item 9 we do have an item that has been requested to get on a future City Council agenda. There is a group of citizens that would like to bring a petition over. They are in the Tuscany Subdivision and they would like to have an opportunity to make comment about the process and also present some of their hard work in getting a petition going. So, that -- that we will schedule not next week, because next week is pretty full, but we will get them on in September. Rountree: What does that relate to, Madam Mayor? De Weerd: The reservoir. Rountree: Oh. Okay. De Weerd: So, they did make the request to be on an agenda. So, we will call them and let them know. Work with them. Item 10: Executive Session per Idaho State Code 67-2345(1)(b) — To Consider the Evaluation, Dismissal or Disciplining of, or to Hear Complaints or Charges Brought Against, a Public Officer, Employee, Staff Member or Individual Agent, or Public School Student De Weerd: There was an addition to the agenda for an Executive Session. At this point, Council, I would entertain such a motion. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I move that we go to Executive Session per Idaho Code 67-2345(1)(b). Bird: Second. Zaremba: Second. De Weerd: I have a motion and a second and just a note for the agenda, when this was added it was added under (1)(a), but it should have been added under (1)(b). So, Madam Clerk, will you, please, call roll. Roll -Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All aye. Motion carried. MOTION CARRIED: ALL AYES. EXECUTIVE SESSION: (8:42 p.m. to 9:27 p.m.) Meridian City Council August 16, 2011 Page 34 of 34 Hoaguln: I move to come out of Executive Session. Zaremba: Second. De Weerd: I would entertain a motion to close. Hoaglun: So moved. Zaremba: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. MOTION CARRIED. FOUR AYES. De Weerd: We are adjourned. MEETING ADJOURNED AT 9:27 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYO MY De WEERD Cr A C E ♦ R �y) a ,�y COUNI. lj�d �7C lS+, � 11- DATEAPPROVED HOLMAN, CITY CLERK Meridian City Council Meeting DATE: August 16, 2011 ITEM NUMBER: ITEM TITLE: Approval of and Award of a No -Cost In -Building Telecommunications Agreement to T - Mobile and Authorize the Mayor to Sign MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Agent CC: Tracy Crane Date: 8/10/2011 Re: August 16 City Council Consent Agenda The Purchasing Department respectfully requests that the following item be placed on the August 16 City Council Agenda under Consent Agenda. T -Mobile In -Building Telecommunications Agreement. This is a agreement will enable T -Mobile to add a booster station at the Meridian Wastewater Department to increase cell phone service and coverage in that area. There is no cost to the City of Meridian. The IT Department has been consulted and approved this project Recommended Council Action: Approve T -Mobile In -Building Telecommunications Agreement authorize the Mayor to sign and City Clerk to attest. Thank you for your consideration. 0 Page 1 (�too5j (04 A WLEXIOL"Laovi V%J&%1f--O IST -BUILDING TELECUMMUMICATIONS AGREE' ME SIT This IN -BUILDING TELECOMMMCA711ONS AGREEMENT ("Agreement"} is by and between, Meridian City C: Customer"), and T -Mobile West Corporation, a Delaware Corporation ("Company"), for the installation and operation of wireless communications facilities C�') "Facilit at Customer's place of business, 3401 N Ten Mile Rd, Meridian, ID 83646 C Prenndses ). For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1 Purpose and Use. Customer has entered into a Master Customer Service Agreement ("Sales Agreemmit") with T -Mobile USA, Ino. for wireless telecoimnunication service. Customer desires to supplement its wireless teleconuinunication service by having Company install and opeite the Facility on the Premises. a) Allowed Use: Customer grants Company the right to install, replace, upgrade, operate, maintain and repair the Facility, which shall initially be Two IPBTS units, and one DSi. line and associated equipment, together with all necessary or convenient appurtenances at manually agreed upon location(s) on the Premises. Customer hereby represents and warrants that Customer has all necessary rights and permissions from all necessary parties, including landlords, mortgagees, or property management companies for the plammmit of the Facility on the Premises. Further, Customer agrees to resolve any biterference with the use of the Facility. b} Cost: Customer agrees to reimburse Company the amount of Zero and rno/100 Dollars ($0.00) for the cost of the Facility on the Premises, which shall be due and payable, without deduction or offset, within thirty (30) days after the full execution of this Agreement. c) Ownership: Customer acknowledges that Company is the sole and exclusive owner of the Facility, and Customer waives any and all rights, including lien rights, in And to the Facility. 2) Term. This Agreement shall continue for a period of two (2) years (the "Term"), provided however that Company may terminate at any time if the Sales Agreement is terminated or if Customer falls below 15 lines under the Sales Agreement. This Agreement shall continue on a month- to-month onthto-month basis after expiration of the Term. Upon expiration or termination, Company may, at any time, enter the Preulises to retrieve the Facility. 3) Access. Company shall have access to, over and across a portion of the Premises to enable Company to exercise its rights and obligations hereunder, including, without limitation, ingress, egress and teleconununication and utility connections to and from the Facility. 4) Utilities. Company shall have the right to connect up electrical power for the Facility from a mutually agreed upon source on or about the Premises, and Customer shall pay the costs for all Facility usage of electricity. Further, unless affinnat.ively set out in writing in this Agreement, Company shall have the right either (check the appropriate box) (a) Q to connect the Facility to Customer's existing telecommunication lines at Customer's sole cost, or (b) 0 to install, connect acid maintain teleconuuunication lines on the Premises at Company's cost. 5) Hold Harmless / Indemnification. Customer and Company hereby mutually release each other (and their successors or assigns) from liability and waive all right of recovery against the other for Any loss or damage covered by their respective first pasty Premises insurance policies for all perils insetted thereunder. Each party agrees to defend, indemnify and hold the other harmless fiom claims, causes of action, demands or other liability, including environmental remediation claims (collectively "Claims") arising from the indemnifying party's actions on or about the Premises, except to the extent such Claims are due to the negligence or willful acts of the indemnified party, its employees, agents or independent contractors. This indemnification shall suivive the termination of this Agreement. 6) Notice. All notices pursuant to this Agreement shall be hi writing and be delivered via next day business delivery by a nationally recognized overnight carrier to the address set forth below under the respective party s signature. 7) Miscellaneous. (a) This Agreement constitutes the entire agreement and understanding of the parties regarding the subject matter hereof, and supersedes all offers and negotiations regarding the subject natter hereof. There are no representations or understandings of any kind regarding the subject matter hereof not set forth herein. (b) Any amendments to this Agreement must be in writing and executed by both parties. (c) Customer covenants and warrants to Company that Customer has full right, power and authority to execute this Agreement. (d) Company may assign this Agreement to a parent, subsidiary or affiliate of Company or to an entity that is merged or consolidated with Company or acquires a controlling ownership interest in Company, upon notice to Customer. (e) This Agreement shall be construed in accordance with the laws of the state in which the Premises is located, exclusive of choice of law rules. (fl In the event of litigation regarding the subject matter hereon the substantially prevailing party shall be entitled to attorneys fees and costs. (g) Each individual executing this Agreement oil behalf of a party represents that he or she has full authority to do so. (h) If any clause, phrase, provision or portion of this Agreement or the application thereof to any person or circumstance shall be invalid or unenforceable under applicable law, such detennination shall not affect, impair or render invalid or unenforceable the remainder of this Agreement, nor shall it affect the application of any other clause, phrase, provision or portion hereof to other persons or circumstances. 19- IN WITNESS �WBEREOF, the parties have executed this Agreement as of this 2— day of , 201 I. CUSTOMER: Meridian City By: Its: Address: 33 E. Broadway Ave. Meridian, ID 83642 208-489-0416 SL05169A Meridian Was to Natter COMPANY: T -Mobile 'West Corporation By: 41�- Its: Area Director, Net ork Operations & Engineering.i .Address: T -Mobile Nest Corporation 2625 S. Plaza Dr., Suite 400 Tempe, AZ 85282 Attu.: PCS Leasing Administrator With a copy to: Atte: Direct Sales Account Executive Page 1 of 1 Jacy Jones From: Barton, Karen [Karen. Barton@T-Mobile.com] Sent: Friday, August 19, 2011 1:44 PM To: Jacy Jones Cc: Kathy Wanner; Jaycee Holman Subject: RE: In Building Telecommunications Agreement Please send here at: T -Mobile USA Attn: Karen Barton 121 So Election Road �\ Ste 330 Draper, Utah 84020 Once we get 2 copies with your signature we will send to our corp and have them signed and send a copy back to you. Thanks Karen From: Jacy Jones[mailto:jjones@meridiancity.org] Sent: Friday, August 19, 2011 1:27 PM To: Barton, Karen Cc: Kathy Wanner; Jaycee Holman; Jacy Jones Subject: In Building Telecommunications Agreement Hello Karen, Our Mayor and Council have signed and approved the above referenced agreement. What is the best mailing address to send the original to to collect your signature? Once signed please send a completed copy to me for our files as well. Thank you. Jacy Jones Deputy City Clerk City of Meridian i iones o roe ridianei tu. ora 208-888-4433 eXt.1393 8/23/2011 Meridian City Council Meeting DATE: Auqust 16, 2011 ITEM NUMBER: ITEM TITLE: Development Agreement for Approval: MDA 10-008 Regency at River Valley by Bach Investments, LLC Located at 2500 N. Eagle Road Request: Modify the Site Plan, Landscape Plan, Building Elevations and Certain Provisions Contained in the Development Agreement Approved for the Regency at River Valley Apartment Project (Replaces Instrument No. 1 1 1 022580) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D, Rich AMOUNT .00 E BOISE IDAHO 08119/11 09:35 AM DEPUTY Line Belt III II II I III IIIII 111111 IIIIIIII I III III RECORDED -REQUEST OF 111067113 Meridian City AMENDMENT TO DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. RAMI LLC, Owner 3. Greg Rindlisbacher, Bach Investments, LLC, Developer THIS AMENDMENT TO DEVELOPMENT AGREEMENT is dated this day ofI s+ 20A, (AMENDMENT), by and between CITY OF MERIDIAN, a municipal corporation of the State of Idaho (CITY), and RAMI LLC (OWNER) whose address is 11650 South State Street, Ste. 300, Draper, UT 84020 and Greg Rindlisbacher, Bach Investments, LLC, (DEVELOPER) whose address is 11650 South State Street, Ste. 300, Draper, UT 84020, RECITALS A. CITY and OWNER/DEVELOPER entered into that certain ( DEVELOPMENT AGREEMENT recorded on December 9, 2008 as Instr-ument # 108131099, on real property more particularly described in the Agreement. B. CITY and OWNER/DEVELOPER entered into an Amendment to Development Agreement on February 23, 2011 as instrument #111022580, however the Conditions listed as amended were incorrect. C. CITY and OWNER/DEVELOPER now desire to rescind the Amendment to Development Agreement dated February 23, 2011 amend the original Development Agreement to include building elevations for the project as a condition of approval of the recently approved time extension as approved by the Meridian City Council on October 26, 2010. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement, except as specifically amended as follows: SECTION 5 CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: a. A maximum of 240 multi -family residential units shall be allowed to be constructed on the site. b. A minimum 4,536 square foot clubhouse shall be constructed on the site, as proposed. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RIVER VALLEY - PAGE 1 OF 6 c. At a minimum, amenities shall be constructed on the site as proposed on the site plan (Le. clubhouse, entry feature (bronze statue), swimming pool, hot tub, walking trails, tot lot, gazebos, etc.). d. All multi -family structures shall comply with the architectural standards listed in UDC 11-4-3- 27E and the Meridian Design Manual. Structures shall be constructed on the site in accordance with the elevations attached in Exhibit A of the staff report dated 1015/10. Building materials for the clubhouse shall be consistent with those of the apartment buildings. e.The site/structures shall comply with the Specific Use Standards listed in UDC 11-4-3-27 for multi -family developments and the Meridian Design Manual. f. A variance (VAR -08-002) to UDC Table 11-3C-6 was approved fora reduction in the number of covered parking spaces required to be provided for this developmentfrom 360 to 299, With the increase in the number of dwelling units proposed, the revised site plan depicts 331 covered parking spaces. Therefore, a minimum of 331 covered parking spaces shall be provided on the site. h.Access to this site shall be provided from E. River Valley Road and an emergency only access shall be provided from Ally's Avenue. A temporary emergency access only is allowed via Eagle Road until such time as Ally's Avenue is extended to the north and connects to Ustick Road. At such time, emergency access from Eagle Road shall terminate and emergency access shall be provided via Ally's Avenue. i. The applicant shall dedicate right-of-way and construct Ally's Avenue in accordance with ACHD standards, in alignment with Ally's Avenue north of the site, prior to release of occupancy of any structure on this site. q, The applicant shall construct 6 -foot tall vinyl fencing along the west property boundary as depicted on the Site/Landscape Plan dated 9124/10. Temporary construction fencing is required to be installed where permanent fencing is not proposed, around the residential portion of the site prior to issuance of building permits to contain debris during construction. Fencing shall be constructed in accordance with the standards listed in UDC 11-3A-7. s. A 10 -foot wide multi -use pathway over the South Slough shall be constructed on the site in accordance with the Parks Department conditions contained in Exhibit B of the original Findings of Fact and Conclusions of Law dated 6/23/08 and the standards in the Master Pathways Plan and UDC 11-3A-8, v. A Certificate of Zoning Compliance is required prior to issuance of a building permit for any and all of the proposed multi -family structures within this development. All structures must substantially comply with the building elevations submitted with the application, the architectural standards listed in UDC 11-4-3-27E for multi -family developments, the conditions of approval, and the Meridian Design Manual. "Note; A CZC application may include multiple/all multi -family structures within the development." w. A Certificate of Zoning Compliance is required prior to issuance of a building permit for the commercial portion of the development. Because the commercial portion of the property is located adjacent to an entryway corridor (Eagle Road), the future structure(s) and site shall be subject to the design standards listed in UDC 11 -3A -19C and the Meridian Design Manual. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RIVER VALLEY - PAGE 2 OF 6 Z. That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the Property shall be subject to de -annexation of the Owner/Developer, or their assigns, heirs, or successor shall not meet the conditions of this amendment to the Development Agreement, and any new Ordinances of the City of Meridian as herein provided. 3I This amendment shall be binding upon and insure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This amendment shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person(s) acquiring an interest in the Property. Nothing herein shall in any way prevent sale or alienation of the Property, or portions thereof, except that any sale or alienation shall be subject to the provisions hereon and any successor owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. City agrees, upon written request of Owner/Developer, to execute appropriate and recordable evidence of termination of this amendment if City, in its sole and reasonable discretion, had determined that Owner/Developer has fully performed its obligations under this amendment. 4, If any provision of this amendment is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this amendment and the invalidity thereof shall not affect any of the other provisions contained herein. 5. This amendment sets forth all promises, inducements, agreements, condition, and understandings between Owner/Developer and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between Owner/ Developer and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this amendment shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duty adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Property herein provided for can be modified or amended within the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 6. This amendment shall be effective as of the date herein above written. AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RrVER VALLEY - PAGE 3 OF 6 ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. CITY OF MERIDIAN By: Mayo, mmy de Weerd Attest: V Jay ee oa i Clerk AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RIVER VALLEY - PAGE 4 OF 6 STATE OF `1"TVAR \ ss: County of On this A day of v v , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Greg Rindlisbacher, , known or identified to me to be the wp�ANPVNwr_ of RAMI LLC, and acknowledged tome that lie executed the same on behalf of said Limited Liability Corporation, IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) ox ONAch3929(01/2014 STATE OF 0—F ss: County of �A Lc>.1Ge } Notary Public for .v�ah Residing at: A)Oa�) rrrDOQ t Zf My Commission Expires:9 LI 20 k-1 On this -J-4 day of R jLA9, SA- , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared Greg Rindlisbacher, known or identified to me to be the )4a,N tq,!cA AkgTk\ie,(- of Bach Investments, LLC, and acknowledged to me that he executed the same on behalf of said Limited Liability Corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SEAL) .�., Notary Public for'. Uk-o\-\ FIANCES CARMCNA Residing at: 1 WZ28 . w wi Notary Public My Commission Expires: --,F , /?-OIL-) 20Ir-) State of Utah Comm. No. 600392 My Comm. Expires 09/01(2014 AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RIVER VALLEY - PAGE 5 OF 6 STATE OF IDAHO ) ss County of Ada On this J 6 day of � _, 2011, before me, a Notary Public, personally appeared Tammy de Wnd Jaycee L. Holman, known or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument or the person that executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seat the day and year in this certificate first above written. (SEAL) to ; ®4AK�' Notary Public r Idaho .'� Residing at: 'F)Aa C"o • ! Commission expires: 1 -ZS L(o • 1 �' i C• 9 ••.• `ATE AMENDMENT TO DEVELOPMENT AGREEMENT (MDA 10-008) REGENCY AT RIVER VALLEY - PAGE 6 OF 6 Meridian City Council Meeting DATE: Auaust 16. 2011 ITEM NUMBER: 5 PROJECT NUMBER: ITEM TITLE: Agreement with Lexipol, LLC for Use of Subscription Material for the Police Department MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS S �� _ ry^ ©,r 1g1no,� ` -c 21 [ Co -T 2t-� _'I Lexipol LLC 66 Liberty #200 Aliso Viejo, CA 92656 Tel: 949-484-4444 Fax: 949-484-4443 TERMS AND CONDITIONS FOR USE OF SUBSCRIPTION MATERIAL I. ACCEPTANCE OF TERMS The services that Lexipol, LLC, a Delaware Limited Liability Company (hereinafter "Lexipol"), provides to Agency, Customer, User, Purchaser are subject to the following Terms and Conditions of Use. These Terms and Conditions are valid through the subscription period of one year. Lexipol reserves the right to update/change the Terns and Conditions of Use on the renewal date of the subscription agreement period whereas those updates/changes on the Terms and Conditions of Use will be valid for the new subscription period. This document represents the most current version of the Terms and Conditions of Use. Any changes or updates can be reviewed by clicking on the "Terms and Conditions of Use" hypertext link located on Lexipol's Forum page once Agency becomes a subscriber. AGENCY MUST AGREE WITH THESE TERMS AND CONDITIONS OF USE BEFORE AGENCY CAN USE THIS WEBSITE. 11. DESCRIPTION OF SERVICES Through Lexipol's Website, Lexipol provides Agency with access to the Lexipol Knowledge Management System. Lexipol provides numerous subscriptions to this system, each with varying services depending on the level of subscription. The Agency is subscribing to the services indicated on the data page included on the last page of this agreement. III. MEMBER ACCOUNT, PASSWORD AND SECURITY If any of the Services provided to Agency by this Website requires Agency to open an account, Agency must complete the registration process by providing Lexipol with current, complete and accurate information as prompted by the applicable registration form. Agency will also be able to change the user name and password on the account after initial login. Agency is entirely responsible for maintaining the confidentiality of Agency's password and account. Agency is entirely responsible for any and all activities that occur under Agency's account. Agency agrees to notify Lexipol immediately of any unauthorized use of Agency's account or any other breach of security. Agency may not use any other Agency's account at any time, as Agency's password and user name are for the purchaser's sole use. Purchasers of content through this Website are not permitted to share, distribute, sell, or otherwise transfer their password to other individuals. Significant or unusual use of a single user name and password (including, but not limited to, significant use of a single user name and password on multiple computers) could result in suspension of that password. IV. NOTICES Any notice to be given to the parties shall be sent to Lexipol at the address above or if to the Agency to the contact person registered as the authorized signer. V. PAYMENT TERMS Agency agrees to pay the current fees for all services purchased using Agency's user name and password. All services are payable in full within forty-five (45) days from subscription start date. Any V12.15.10 Copyright 2010 © Lexipol, LLC 19952010 amounts past sixty (60) days from due date shall accrue interest at one (1 %) percent per month for past due accounts. Invoices are sent thirty (30) days previous to the subscription start date and anniversary date thereafter. All payments are applied to the oldest balance. VI. PRIVACY POLICY Lexipol shall keep all information Agency provides confidential and private unless required to provide information in accordance with an order from a court of competent jurisdiction. Agency acknowledges Lexipol may provide view only access and summary information to the Agency's affiliated Risk Management Authority, Insurance Pool or Group if they have provided an economic subsidy. Because security is important to Lexipol and our users, Lexipol will always make reasonable efforts to ensure the security of Lexipol's systems. Lexipol employs security systems to protect the information Lexipol receives from Agency's users. The Lexipol Policy Website uses Secure Socket Layer (SSL) Protocol for browsers that support 128 -bit encryption (such as Microsoft Internet Explorer 5 and greater). SSL encrypts information as it travels between customer and Lexipol. Please be aware that Internet data transmission is not always 100% secure and Lexipol cannot warrant that information Agency transmits utilizing Lexipol's Service or Website is 100% secure. VII. APPLICATION OF LAW AND JURISDICTION Agency agrees that any claim, action, or proceeding arising out of these Terms and Conditions of Use, or Agency's use of the Website, shall be governed by and construed in accordance with the laws of the State of Delaware applicable to contracts to be wholly performed therein, and any action based on or alleging a breach of this Agreement must be brought in a state or federal court in Delaware. This Agreement shall be governed and interpreted pursuant to the laws of the State of Delaware, United States of America, notwithstanding any principles of conflicts of law. VIII. INDEMNIFICATION Agency understands that Lexipol and its agents, employees and representatives have developed policy guidelines and content in a good faith effort to comply with all applicable statutes, case law and industry standards in effect at the time such policies were approved and adopted by Agency. Agency acknowledges that Lexipol shall not be responsible for updating these policies to adhere to subsequent changes in the law or other conditions and those changes and updates will only be provided by Lexipol as a part of an annual subscription. While Lexipol has made a good faith effort to develop all policies and training in accordance with existing law and standards, Agency acknowledges that neither Lexipol nor any of its agents, attorneys, employees or representatives are obligated to provide legal representation, defense, or indemnification for any litigation in which said policies are subject to challenge. To the fullest extent permissible under applicable law, and except as otherwise herein, Lexipol and/or other persons creating or transmitting the information and the service will in no event be liable to Agency or anyone else for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages for the information, even if Lexipol or other persons creating or transmitting the information or the service shall have been advised of the possibility of such damages. To the fullest extent permitted by law, Lexipol or other persons creating or transmitting the service and the information shall have no responsibility or liability to Agency or anyone else under any tort, contract, negligence, strict liability, products liability or other theory with respect to any subject matter of this agreement or terms and conditions of use thereto with the exception of liability resulting from a finding of gross negligence, and/or willful and wanton conduct of Lexipol. V12.15.10 Copyright 2010 0 Lexipol, LLC 1995-2010 IX. COPYRIGHT Agency expressly acknowledges and agrees that each and every policy provided by Lexipol, its agents, employees, and representatives including, but not limited to, all updates, revisions the entire Policy Manual(s), Supplemental Policy Publications and/or Procedure Manuals, and Daily Training Bulletins purchased from Lexipol were expressly created for Agency's exclusive use. Agency further agrees that all policy, update, revision or Daily Training Bulletins originally provided by Lexipol are protected under copyright agreements and may not be sold. Nothing in this statement is intended to prohibit or restrict Agency from access and reproduction for department functions and providing any policies contained within the Policy Manual(s) pursuant to and authorized by a request under the Public Records Act, pursuant to Court order or any other lawful process. E?11111111101&TNA-11I ht:1 :01aITU_1:T.7_1iqY1113.9 The service and all information is provided "as is" without warranties, express or implied, or representations of any kind whatsoever. There shall be no warranties of merchantability, fitness for a particular use, non -infringement of proprietary rights, enjoyment of the information or service, system integration, or accuracy of the information. To the fullest extent permitted by law, Lexipol disclaims any warranties for the security, reliability, timeliness, and performance of the information and the service. The entire risk as to satisfactory quality, performance, accuracy and effort is with Agency. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to Agency insofar as they relate to implied warranties. In those jurisdictions Lexipol shall use its best efforts, including industry standards of care, to insure satisfactory quality, performance and accuracy. XI. NON -WAIVER AND SEVERABILITY Lexipol's failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. If a court of competent jurisdiction holds any provision of this Agreement to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and agree that the other provisions of this Agreement remain in full force and effect. XII. POLICY ADOPTION The Agency hereby agrees and certifies that any and all policies developed and provided by LEXIPOL LLC and its agents, employees and representatives have been individually reviewed, customized and adopted for the exclusive use of the AGENCY. It is further acknowledged and agreed that LEXIPOL LLC and its agents, employees and representatives shall not be considered "policy makers" in any legal or other sense and that, upon acceptance of the policy manual(s) and execution of this Agreement, the chief executive of the AGENCY for all purposes be considered the "policy maker" with regard to each and every policy contained in said manual. XIII. TERMINATION This Subscription Agreement may be terminated at the annual anniversary date of the subscription period by written notice to the other party at least 30 days preceding the subscription anniversary date. V12.15.10 Copyright 2010 U LeApol, LLC 1995-2010 Agency Is purchasing the following service(s): Policy Manual Rr Supplemental Publications Custody Manual ❑ TRAINING SUBSCRIPTIONS: Daily Training Bulletins (DTB) National Daily Training Bulletins (NDTB) Custody Daily Training Bulletins (CDTB) Please complete all fields and place N/A where applicable. 1,JEO L po/gy L`Ntkr-Q,vKr:rfanc:jV.ar® aDg-24 — 7370 J!<VetI (Custody Facility Manager Name) (Title) '(Custody Fac. Mgr Email) (Custody Fac. Mgr Direct Phone) ;Name of Agency as you want it to appear on the manual) M rRr Dr r}n) oL rte t � 1!R l'A ;Agency Street Address) (City) (State) (Zip Code) (County) / 1evTb�a£r2 S rbl j Lb W G-/ $ 'Custody Street Address — If different) (City) (State) (Zip Code) (County) Billing Address if different from above) (Citv) (State) (Zin Cnde) (No. of Authorized Sworn Officers) (If Custody — No. of Beds) (Agency Fiscal Year (Policy Primary user full Name) (Title) (Policy Primary User Phone) (PI sC6t1 a\Gt6nn; T. app -8`%6- 73-23 (Custody Primary user full Name) (Title) (Custody Primary User Phone) (Cul (Policy Unique User ID number for system access; 2-5 digits i.e. (badge number, emp 3691 (Custody Unique User ID number for system access; 2-5 digits i.e. (badge number, er rimary User Email) (� n. � MICS G'!,,tn C. trr • a %'"' 3rimary User Email) number) Name of Authorized Signer) (Title) (Email, Authorized Signer) (Phone, Authorized Signer) Please p0urA all four (4) pages via fax, email or send to. Fax., (WY)14844443 - Email: contractscNexiooLcom Send: Lextpol LLC, 6 B Liberty, Suite 200, Aliso Vlejo, CA 92656 Copyright 2010 © Lexlpol, LLC 1995-2010 V12.15.10 4 Meridian City Council Meeting DATE: Auaust 16, 2011 ITEM NUMBER: 5E PROJECT NUMBER: ITEM TITLE: License Agreement Between City of Meridian and Rock of Honor Memorial, Inc. for Joint Use of Rock of Honor Plaza in Julius M. Kleiner Memorial Park for a Not -to -Exceed Amount of $1.00 MEETING NOTES NOW Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS LICENSE AGREEMENT BETWEEN CITY OF MERIDIAN AND ROCK OF HONOR MEMORIAL, INC. FOR JOINT USE OF ROCK OF HONOR PLAZA IN JULIUS M. KLEINER MEMORIAL PARK This LICENSE AGREEMENT BETWEEN CITY OF MERIDIAN AND ROCK OF HONOR MEMORIAL, INC. FOR JOINT USE OF ROCK OF HONOR PLAZA IN JULIUS M. KLEINER MEMORIAL PARK (hereinafter "Agreement") is made and entered into this 16th day of August, 2011 ("Effective Date"), by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter "City"), and Rock of Honor Memorial, Inc., a non-profit corporation organized under the laws of the State of Idaho (hereinafter "Licensee"). WHEREAS, the Julius M. Kleiner Memorial Park Trust (hereinafter "Trust") is developing a park on the northeast corner of Fairview and Eagle Roads, in Meridian, Idaho, identified as Ada County Parcel no. S 1104336005, which park is to be named Julius M. Kleiner Memorial Park (hereinafter "Park") and to be donated by the Trust to the City of Meridian; WHEREAS, Rock of Honor Memorial, Inc. was founded for the purposes of: building a memorial to honor Meridian citizens who, since Idaho's statehood, have served and died in the defense of our nation; educating visitors regarding the price that was paid for the freedoms that all United States citizens share; and providing a place for public events honoring veterans; WHEREAS, the Trust intends to construct Rock of Honor Plaza, as defined herein and set forth in Exhibit hereto, within Julius M. Kleiner Memorial Park, for the purpose of furthering such purposes and fulfilling Licensee's vision; WHEREAS, City wishes to establish, and to memorialize herein, the respective rights and responsibilities of City and Licensee with regard to the monument and plaza that will attach upon Trust's conveyance of Julius M, Kleiner Memorial Park to City; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and Licensee agree as follows: I. Definitions. For the purposes of this Agreement, the following definitions shall apply: A. "City" shall mean the City of Meridian, a municipal corporation organized under the laws of the State of Idaho. B. "Director" shall mean the Director of the City of Meridian Parks and Recreation Department. C. "Flag Knoll" shall mean the three (3) permanent flagpoles located to the southeast of Rock of Honor Plaza. LICENSE AGREEMENT wITH ROCK OF HONOR MEMORIAL, INC. PAGE I OF 12 D. "Licensee" shall mean Rock of Honor Memorial, Inc., a non-profit corporation organized under the laws of the State of Idaho. E. "Memorial Walls" shall mean the four (4) monuments located in Rock of Honor Plaza as set forth in Exhibit C hereto, composed of gray granite base and a polished black granite face, upon which are engraved the names of veterans of the United States armed forces who meet all of the criteria as set forth herein. F. "Military Branch Flag sleeves" shall mean the five (5) permanent flag sleeves, located in the Rock of Honor Plaza and designed to accommodate temporary flagpoles. G. "Rock of Honor" shall mean the monument located in Rock of Honor Plaza as set forth in Exhibit B hereto, composed of a granite, rough cut base which reflects the following inscription: "We celebrate their valor. We shall never forget them, Their sacrifice is the foundation upon which we build our strength." and a polished granite obelisk which reflects the seals of the five (5) United States Military branches. H. "Rock of Honor Plaza" shall mean that portion of Park composed of the circular hardscape to the southeast of Civic Plaza as set forth in Exhibit A hereto, and featuring amenities installed by Trust for the purpose of furthering Licensee's purposes and fulfilling Licensee's vision, to -wit: the Rock of Honor, the Memorial Walls, the Military Branch Flag sleeves, and the Rock of Honor Time Capsule. I. "Rock of Honor Time Capsule" shall mean the time capsule that is to be buried in Rock of Honor Plaza under the metal disk with the seal of the State of Idaho. J. "Trust" shall mean Julius M. Kleiner Memorial Park Trust. II. License granted. Upon City's acceptance of ownership of Park, City shall, for and in consideration of one dollar ($1.00), the receipt of which is hereby acknowledged, and other good and valuable consideration, grant to Licensee a non-exclusive license to utilize, maintain, and oversee the Rock of Honor Plaza for the purposes, in the manner, subject to the limitations, and pursuant to the terms and conditions set forth in this Agreement. III.Term of license. The term of this license shall be from the Effective Date through 11:59 p.m. on December 31, 2032, unless earlier terminated by either party by the method established herein. This lease shall automatically be renewed from year to year thereafter unless written notice of termination is given by either party to the other at least thirty (30) days before the expiration of the initial license term or any renewed term thereof. IV. Rights and responsibilities of Licensee. With regard to Licensee's use and occupancy of the Rock of Honor Plaza under this Agreement, Licensee shall be responsible for each and all of the following. LICENSE AGREEMENT WITH ROCK OF HONOR MEMORIAL, INC. PAGE 2 OF 12 A. Priority use. Each year, Licensee shall have automatic priority use of Rock of Honor Plaza, on the following dates: 1. May 8 (V -E Day), 2. May 21 (Armed Forces Day), 3. May 30 (Memorial Day), 4. June 6 (D Day), 5. July 4 (Independence Day), 6. August 15 (V -J Day), 7. September 11 (Patriot Day), 8. November 11 (Armistice Day/Veteran's Day), and 9. December 7 (Pearl Harbor Remembrance Day). B. Fees. The nine (9) annual uses of Rock of Honor Plaza by Licensee shall be scheduled without any fee due from Licensee to City. As to all other dates, Licensee shall be on equal footing with the general public regarding Rock of Honor Plaza reservation requirements, priority of reservation, and payment to City of reservation or other fees. C. Permits. No provision of this Agreement shall relieve Licensee of its obligation to obtain a City of Meridian Temporary Use Permit and/or any other applicable permits required by City or any other governmental agency, where such requirement applies. Except as otherwise allowed by City Code or other law, fees for such permits shall not be waived. D, Adding names to Monument. Licensee shall have the right to add to the Memorial Wall names of veterans of the United States military who meet all of the following criteria: Were, at any time since Idaho statehood, i.e. since July 3, 1890, domiciled in the city of Meridian for any length of time, and 2. Were killed in combat operations or deceased as the result of injuries sustained in combat operations. Licensee shall require or collect, and shall independently verify, government agency - issued or other verified, equally reliable documentation showing that the person whose name is to be added to the monument does meet such criteria. Names added to the monument shall be engraved thereon in the manner and style of the names already set forth thereon. To avoid scheduling conflicts and ensure public safety, Licensee shall, at least fourteen (14) days in advance, notify Director of the exact date and time upon which any new names are to be added. E. Use of City's name and logo. City hereby allows Licensee to indicate on any promotional or fundraising materials that the City endorses Licensee's fundraising activities undertaken in furtherance of its mission. City hereby conveys to Licensee permission to use City's name for purposes of advertising, marketing, and public information, without violation of City's rights of privacy or any other rights City may LICENSE AGREEMENT WITH ROCK OF HONOR MEMORIAL, INC. PAGE 3 OF 12 possess under this Agreement, provided that Licensee shall not use City's logo for any purpose without the express, written permission of the Mayor's Executive Assistant. F. Time capsule. On or after January 1, 2037, Licensee shall have the right to remove the Rock of Honor time capsule that is to be buried in Rock of Honor Plaza. After such date, the parties shall enter into a separate written agreement establishing the parties' respective rights and responsibilities with regard to the removal of the time capsule from Rock of Honor Plaza. G. Military Branch Flags. Licensee shall provide, and shall maintain in good structural condition and appearance, the five (5) flags and flagpoles that are custom -fitted for use in the Military Branch Flag sleeves. Licensee may install such flagpoles and flags in the sleeves at events and uses of Rock of Honor Plaza that are undertaken or sponsored by Licensee. Licensee shall be solely responsible for installation of, removal of, and care for such flagpoles and flags, subject to initial and periodic inspection and approval by City. Licensee shall bear all risk and liability related to installation, removal, maintenance, and/or use of such flagpoles and flags. Licensee shall fly on such flagpoles only the official flags of, respectively, the United States Air Force, Army, Coast Guard, Marine Corps, and Navy. Licensee shall not fly any other flag on such flagpoles without the prior consent of Director. H. Alterations; waste; signs. Licensee shall not make, or permit to be made, alterations on or to the Rock of Honor Plaza or to Park, or any portion or component thereof, whether temporary or permanent, without first obtaining City's written consent. Any additions to, or alterations of, Rock of Honor Plaza shall become at once a part of the real property and shall belong to City. Licensee shall not commit, permit nor suffer any damage to or waste upon the premises of Park or any of the improvements or appurtenances situated or placed thereon by or on behalf of City or City's agents or invitees. Except as originally constructed and/or conveyed by the Trust or allowed by written permit, Rock of Honor Plaza shall not feature, and Licensee shall not install or erect (without prior written consent of City) thereon or within Park, signs, posts, poles, fencing, or other improvements or structures. I. Reasonable use. Licensee shall employ best efforts to ensure that its use of Rock of Honor Plaza facilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable. Where Licensee's use of same causes disproportionately excessive damage, Licensee shall reimburse City for the cost or proportionate cost of necessary repairs and/or replacement. Licensee shall exercise best efforts to see that any and all uses of Rock of Honor Plaza, where such uses are scheduled or authorized by Licensee, are in compliance with all laws and with City's policies regarding use of City parks and/or facilities, including, but not limited to, such reasonable policies as may be adopted or enacted by Director. J. Primary Source of Contact for Licensee. Licensee shall provide City the name, e-mail ( address, and telephone number of the designated representative of Licensee (hereinafter "Licensee Contact") who shall serve as the primary contact between City and Licensee LICENSE AGREEMENT WITH ROCK OF HONOR MEMORIAL, INC. PAGE 4 OF 12 for all matters regarding the day-to-day scheduling, use, and maintenance of Rock of Honor Plaza. K. Liens. Licensee shall keep Park and Rock of Honor Plaza free from any liens arising out of any work performed for, materials famished to, or obligations incurred by Licensee. Licensee shall not permit nor suffer any lien, judgment or encumbrance to be entered against or filed upon Rock of Honor Plaza or any improvements or fixtures thereon. Licensee hereby covenants to satisfy any such lien, judgment or encumbrance at Licensee's sole and separate expense, and in all respects fully to indemnify City against all damages, legal costs and charges, including attorney's fees reasonably incurred, in any suit involving any liens, claims, judgments or encumbrances cause or suffered by Licensee with respect to the premises or any part thereof. L. Surrender of possession. Licensee agrees that upon termination or expiration of this Agreement for any reason, Licensee shall surrender the Rock of Honor Plaza to City in the same condition as on the Effective Date, reasonable wear and tear, act of God, act of nature, or damage by weather excepted. Licensee agrees to surrender possession and occupancy of the Rock of Honor Plaza and Park premises peaceably at the termination of this Agreement and any renewal or extension thereof. M. Indemnification. Licensee specifically indemnifies City and holds City harmless from any loss, liability, claim, judgment, or action for damages or injury to Licensee, to Licensee's personal property or equipment, and to Licensee's employees, agents, or volunteers arising out of or resulting from the condition of Rock of Honor Plaza or any lack of maintenance or repair thereon, and not caused by or arising out of the tortious conduct of City or its employees. Licensee further agrees to indemnify and hold City harmless from any loss, liability, claim or action from damages or injuries to persons or property in any way arising out of or resulting from the use of Rock of Honor Plaza by Licensee or by Licensee's employees, agents, or volunteers and not caused by or arising out of the tortious conduct of City or its employees. N. Worker's compensation insurance. In the event Licensee hires any person to work on or at the Rock of Honor Plaza, any and all workers shall be covered by worker's compensation insurance, if applicable. In such event, Licensee shall provide to City a certificate of insurance. O. Insurance. Licensee may, at Licensee's option, maintain property insurance on Rock of Honor Plaza. City may, but shall not be obligated to, maintain property insurance on Rock of Honor Plaza on City's and/or on Licensee's behalf. P. Taxes. Licensee shall be solely responsible for the payment of taxes owed for any income realized as the result of activities undertaken pursuant or related to the Rock of Honor Plaza or to this Agreement. Q. Admission. Licensee shall not charge any fee for admission to Rock of Honor Plaza without the prior written consent of City. LICENSE AGREEMENT WITH ROCK OF HONOR MEMORIAL, INC. PAGE 5 OF 12 V. Rights and responsibilities of City. With regard to Licensee's use and occupancy of the Rock of Honor Plaza under this Agreement, City shall be responsible for the following. A. Assessments; property taxes. City shall pay the regular assessments and property taxes, if any, due and owing on Rock of Honor Plaza and/or Park. B. Landscape maintenance. City shall be responsible for tree, turf, and landscape maintenance; mowing; irrigation; weed and pest control; custodial services; and hardscape cleaning and maintenance, both at Rock of Honor Plaza and throughout Park, Licensee shall not mow, spray, prune, or otherwise alter or maintain any natural or hardscape portion of Rock of Honor Plaza or Park. C. Flag Knoll. City intends to fly on each of the three (3) permanent flagpoles on Flag Knoll, respectively, the flags of the United States of America and POW/MIA flag, the flag of the State of Idaho, and the City flag, City shall be solely responsible for raising, lowering, and lighting of the flags on Flag Knoll in accordance with Title 4, Chapter 1, United States Code, federal regulations, and City practices and procedures. D. Scheduling. City shall be responsible for scheduling any and all uses of Rock of Honor Plaza and Park, including any and all uses thereof by Licensee. Licensee shall have priority use of Rock of Honor Plaza on the days expressly set forth in this Agreement; any other uses must be scheduled by City in accordance with the provisions of this Agreement. The parties hereto expressly acknowledge that Park is a public space, the management and scheduling of which shall at all times be within the sole purview of City. City shall have the right to use or allow the use of Park for any and all purposes and under any and all conditions, so long as such use does not conflict or interfere with scheduled use by Licensee. E. Public reservation of Plaza. The parties acknowledge that except as specifically set forth herein, City shall make available to the public the opportunity to reserve Rock of Honor Plaza for use as a Park amenity. F. No right to exclude conveyed. Any exclusive use granted to Licensee by this Agreement shall include neither the right to exclude any law-abiding person from Rock of Honor Plaza where such person is not interfering with Licensee's reserved or priority use thereof, nor the right to interfere with any person's concurrent, lawful use of Rock of Honor Plaza or Park where such concurrent use does not conflict or interfere with Licensee's use. At all times during which Rock of Honor Plaza is not reserved by Licensee, Licensee shall be on an equal footing with the general public regarding its use of Rock of Honor Plaza and of Park, which shall include, but shall not be limited to, reservation requirements, priority of reservation of Rock of Honor Plaza and Park facilities, and payment of reservation and other applicable fees. Licensee shall exercise any exclusive use granted by this Agreement only in accordance with the terms of this Agreement and in accordance with any and all applicable laws and City policies. LICENSE AGREEMENT WITH ROCK OF HONOR MEMORIAL, INC. PAGE 6 OF 12 G. Alterations. Upon thirty (30) days notice to Licensee in the manner established herein, City shall have the right to make alterations to Rock of Honor Plaza and/or to construct or locate landscaping, fixtures, structures, and/or any other improvements in or upon Rock of Honor Plaza or Park, except that City may undertake such alterations, construction, or improvements on an emergency or immediate basis without notice to Licensee where such action is necessary to protect the health, safety, and/or welfare of the public, or where such alterations, construction, or improvements will not unreasonably affect Licensee's use of Rock of Honor Plaza as set forth in this Agreement. City shall not make any alteration whatsoever to the Rock of Honor without the express, written permission of Licensee, which permission shall not be unreasonably withheld. City may undertake alteration of the Rock of Honor on an emergency or immediate basis without notice to Licensee only where such action is necessary to protect the health, safety, and/or welfare of the public. H. Collection of fees. In accordance with its policies, City shall have right to assess and collect reasonable user fees from persons who use Rock of Honor Plaza; however, in accordance with Idaho law, the amount of such user fees shall not exceed costs and expenses actually incurred. Though City may, at the election of Director, request and/or accept voluntary donations for or on behalf of Licensee separate and apart from user fees, Licensee shall not otherwise be entitled to any monies assessed and/or collected by City. VI. General provisions. A. No agency. It is understood and agreed Licensee shall not be considered an agent of City in any manner or for any purpose whatsoever in Licensee's use and occupancy of the Rock of Honor Plaza and/or any activity undertaken with regard to the Rock of Honor Plaza, to Park, or to this Agreement. Neither Licensee nor any officer, employee or agent thereof shall be deemed an employee of City. Licensee shall have no authority or responsibility to exercise any rights or power vested in City. The selection and designation of the personnel of City in the performance of this agreement shall be made by City. B. Breach; cure; termination. If Licensee is in breach or default of any of term, covenant, or condition of this Agreement and Licensee fails or refuses to cure such breach or default within thirty (30) days of written notice thereof, this Agreement, and all rights of Licensee in and to Rock of Honor Plaza, at City's option, may be deemed terminated and forfeited without further notice or demand. In the event of termination of this Agreement, Licensee forfeit any and all rights established under this Agreement. C. No waiver. City's waiver on one or more occasion of any breach or default of any term, covenant or condition of this Agreement shall not be construed as a waiver of any subsequent breach or default of the same or a different term, covenant or condition, nor shall such waiver operate to prejudice, waive, or affect any right or remedy City may have under this Agreement with respect to such subsequent default or breach by Licensee. LICENSE AGREEMENT WITH ROCK OF HONOR MEMORIAL, INC. PAGE 7 OF 12 D. No obligation. By the granting of this lease, City does not in any way bar, obligate, limit, or convey any warranty with regard to any action relating to development or operation of Rock of Honor Plaza or Park. E, Attorney fees. Licensee shall be liable to City for all damages and costs, including legal expenses and attorneys' fees, suffered or incurred by City in the enforcement of any of the terms, covenants or conditions of this Agreement. F. No assignment. Licensee shall not assign, sublet or transfer the leased premises, or any portion thereof, or cause or suffer any alterations thereto, other than as specified in this Agreement, without the express written consent of City. Should Licensee cease to exist as an organization, this Agreement and all rights granted to Licensee hereunder shall be void. Upon amendment of Licensee's bylaws or charter, this Agreement shall be voidable, at City's option. G. Annual review. Between December 7 and December 31 of each year, Licensee and City shall together review the year to address any problems which may have arisen and to discuss possible changes to improve matters regarding the parties' joint use of Rock of Honor Plaza. H. Conflict resolution. If either party believes that the other party is not fulfilling its obligations as established by this Agreement, the complaining party shall give written notice of its complaint to the other party. The party receiving the complaint shall, within fifteen (15) calendar days, correct the situation and confirm the correction in writing, or reject the complaint I. Notices. All notices to be provided under this Agreement shall be in writing and addressed as follows: Licensee: Rock of Honor Memorial, Inc. Attn: Secretary P.O. Box 113 Meridian, Idaho 83680 City: City of Meridian Director, Parks and Recreation Department 33 East Broadway Meridian, Idaho 83642 Notices shall be in writing and either personally delivered or sent by U.S. mail, postage prepaid, return receipt requested to the party to be notified at the address specified above. Notice shall be deemed to have been given upon deposit in the U.S, mail, or upon personal delivery to the party above specified. LICENSE AGREEMENT WITH ROCK OF HONOR MEMORIAL, INC. PAGE 8 OF 12 J. Choice of law. This Agreement was negotiated in Idaho, is entered into and is intended to be performed in the State of Idaho. The Parties agree that the laws of Idaho shall govern the interpretation of this Agreement. K. City Council approval required. This lease shall not be effective for any purpose whatsoever until it is approved by the resolution of the City Council and executed by the Mayor, L. Entire agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements, leases, or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. M. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of hereof as if the exhibits were set forth in their entirety herein. 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. LICENSEE: John H. Burns President, Rock of Honor Memorial, Inc, CITY OF MERIDIAN: tMr BY: T Weerd, STATE OF IDAHO ) ss: County of Ada ) rt— I HEREBY CERTIFY that on this 21 day of July, 2011, before the undersigned, a Notary Public in the State of Idaho, personally appeared John H. Burns, proven to me to be the person who executed the said instrument, and acknowledged to me that he executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. No ary Pub 'c for daho Residing at vl :fir..,. Idaho My Commission xpires:/--ZD/� Attest: a r J A � rM �J S, fe�� fr4� l LICENSE AGREEMENT WITH ROCK OF HONOR MEMORIAL, INC. PAGE 9 OF 12 ROCK OF HONOR PLAZA Obelisk History Klosk Rock of Honor Plaza * Rock of Honor • Memorlal Wall fend es • MIWw y Branch Flags Flag Knoll :• Amer m Flag • Idaho Flag, • Meridian Flag LICENSE AGREEMENT WITH ROCK OF HONOR MEMORIAL, INC. PAGE 10 OF 12 EXHIBIT ROCK OF HONOR 72" WE CELEBRATE THEIR VALOR., WE SHALL NOT FORGET THEM. THEIR SACRIFICE IS THE FOUNDATION. UPON WHICH WE' BUILD OUR STRENGTH. 33" LICENSE AGREEMENT WITH ROCK OF HONOR MEMORIAL, INC. PAGE 11 OF 12 EXHIBIT C MEMORIAL WALLS � 4t ','L 11 b 11( -. 0 LICENSE AGREEMENT WITH ROCK OF HONOR MEMORIAL, INC. PAGE 12 OF 12 Meridian City Council Meeting DATE• August 16, 2011 ITEM NUMBER: 5F ITEM TITLE: Lease Agreement Between the City of Meridian and Think -Tank Co -Operative, LLC for the Property Located at 33 East Idaho Avenue MEETING NOTES 1 Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS BUILDING LEASE 33 EAST IDAHO AVENUE, MERIDIAN THIS LEASE ("Lease") is made this 16th day of August 2011, between The City of Meridian ("Landlord"), and Entrepreneur Think -Tank Co -Operative, LLC ("Tenant"). 1. Demise. Landlord leases to Tenant, and Tenant leases from Landlord, the premises described in Section 2 ("Premises") for the use described in Section 5. 2. Premises. The Premises are located in the City of Meridian, County of Ada, State of Idaho and are more particularly described as follows: The approximately 8,000 square foot building located at 33 East Idaho Avenue, known as the former Meridian City Hall, along with permits for up to sixteen (16) parking spaces to be utilized in the adjacent parking lots or at other downtown City parking facilities pursuant to the rules and regulations promulgated by the City Hall parking authority. 3. Term. 3.1 Interim Term. The interim term of this Lease is from the date of full execution of this Lease until the commencement date of the Primary Term. 3.2 Primary Term. The primary term of this Lease is for the three year period beginning September 1, 2011 through August 31, 2014 ("Primary Term") unless this Lease is earlier terminated as provided below. 3.3 Extension Term(s). Any Extension Terms will be offered at the sole discretion of the Landlord upon terms that are mutually agreeable to the parties. Any extension term will require a written addendum to this Lease. 3.4 Term of this Lease. The Interim Term, Primary Term and all Extension Term(s) are referred to collectively as the "Term." 4. Rent. During the Interim Term, Tenant shall pay no rent ("Interim Rent'), and during the Primary Term and Extension Term(s), if any, Tenant shall pay an annual rent ("Annual Rent') to Landlord, at the address specified herein or as otherwise directed by Landlord, according to the Schedule set forth below (collectively "Rent'). Rent for partial months at the inception or the termination of the Lease shall be prorated. The first monthly installment of Annual Rent shall be payable in advance on or before the Annual Rent Commencement Date, and subsequent monthly installments shall be due and payable on or before the first business day of each calendar month thereafter. 4.1 Interim Term. No rent will be charged for the Interim Term. 4.2 Primary Term. Annual Rent shall be paid in Monthly installments of $1,667.00 commencing at the beginning of the Primary Term (Annual Rent Commencement Date). BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN -I 4.3 Late Payment Charge. If Tenant fails to pay any Rent when due, such unpaid amounts shall bear interest at the rate of ,75 percent per month from the due date until paid. In addition Tenant shall pay to Landlord a late payment charge in the amount of $75.00 per occurrence to help defray the additional costs to Landlord for processing such late payments. This provision for interest and late charges shall be in addition to Landlord's other rights and remedies hereunder or at law or in equity and shall not be construed as liquidated damages or as limiting Landlord's remedies in any manner. 5. Use. 5.1 Permitted Use. The Premises shall be used for professional office space of the Entrepreneur Think -Tank Co -Operative and ancillary uses consistent with the proposal submitted by Tenant to Landlord on April 14, 2011 and for no other purpose without the prior written consent of Landlord. Tenant shall in such use of the Premises, at Tenant's expense, take all actions to comply with all laws, rules, regulations, requirements, and ordinances existing or hereafter enacted or imposed by any governmental authority having jurisdiction over the Premises, Landlord, or Tenant, applicable to Tenant and Tenant's use of the Premises. Tenant must secure a Certificate of Zoning Compliance (CZC) and a Certificate of Occupancy (CO) from the City of Meridian before occupying the premises, 5.2 Restrictions. In no event shall Tenant use the Premise for the following: (a) Any public or private nuisance; (b) Any obnoxious odor; (c) Any noise or sound that is objectionable due to intermittence, beat, frequency, shrillness, or loudness; (d) Any noxious, toxic, caustic, or corrosive fuel or gas; (e) Any dust, or dirt, in excessive quantities; (f) Any warehouse, assembly, manufacture, distillation, refining, smelting, agriculture, or mining operations, (g) Any tattoo parlors, massage parlors, bars, taverns, cocktail lounges (h) Any purveyor of food or beverages intended for immediate consumption, with the exception of pre-packaged artisan foodstuffs. 0) Any use not allowed under City of Meridian zoning ordinances, as they may be amended from time to time. BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 2 6. Taxes. 6.1 Personal Property Taxes. Tenant shall be liable for all taxes levied against any leasehold interest of Tenant or personal property and trade fixtures owned or placed by Tenant in the Premises. Tenant, at its sole expense, may contest the amount of personal property taxes. 6.2 Real Property Taxes. At the time of execution of this Lease, the Premises are exempt from real property taxes. In the event that the Ada County Assessor determines that the premises should be subject to real property taxes, Tenant shall be solely liable for all taxes levied against the real property. Tenant, at its sole expense, may contest the levy and/or amount of real property taxes. 7. Utilities. During the Term, Tenant shall pay for all utility services consumed by Tenant upon the Premises and for any utility connection or hook-up fees, including, without limitation, water, sewer, garbage collection, irrigation, gas, electricity, cable, internet, and telephone services. To the extent that any utility services supplied to the Premises are billed directly to Landlord, Tenant shall reimburse Landlord, within thirty (30) days after Landlord's delivery to Tenant of an invoice therefor, for that portion of such utility services which is attributable directly to Tenant's use of the particular utility service. Landlord may, in its sole discretion and expense, contract for fire alarm monitoring and associated communication lines. 8. Tenant's Interior Cosmetic Improvement Work. Tenant may, at its sole discretion and expense, make cosmetic modifications to the interior of the Premises of the nature not requiring building permits, including but not limited to painting and minor wall repair, wall coverings, decorating, and the like. 9. Possession of Premises. 9.1 Delivery of Possession. Landlord shall deliver possession of the Premises to Tenant on or before the commencement of the Primary Term, 9.2 Punchlist Inspection. At Tenant's option prior to the commencement of the Primary Term, representatives of Landlord and Tenant may make a joint inspection of the Premises, and the results of such inspection shall be reduced to a written memorandum, which memorandum shall be approved and executed on behalf of each party and then shall constitute a part of this Lease and be conclusive with respect to the condition of the Premises on such date, except with respect to latent defects of which Tenant delivers notice to Landlord from time to time. Landlord, at its sole cost and expense and in a manner so as not to interfere unreasonably with the use and occupancy of the Premises by Tenant for the conduct of its business operations, shall remedy those matters or defects set forth in such memorandum or notice. In the event that Tenant does not request a Punchlist Inspection prior to the commencement of the Primary Term, this provision shall be considered waived and shall signify that Tenant is satisfied with the condition of the Premises. 9.3 Tenant's Right of Entry. After execution of this lease and after providing proof ( of insurance required under the terms of this Lease, Tenant, at its sole cost and expense, shall have the right during the Interim Term, prior to Tenant Possession Date, to enter upon the BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 3 Premises to show the premises to prospective sublessees and perform Tenant Improvements and the installation of trade fixtures and personal property as allowed under the terms of this Lease, 10. Tenant Improvement Work. Subject to obtaining Landlord's written consent for structural improvements, Tenant, at its sole cost and expense, prior to and during the Term may seek permission from Landlord to improve, alter and renovate the Premises in any manner which Tenant deems necessary or desirable to adapt the same for the conduct of its business operations. (the "Tenant's Improvement Work"). Unless otherwise agreed in writing by the parties , any improvements, alterations and renovations to the Premises by Tenant pursuant to this Section shall remain on the Premises upon the expiration or earlier termination of this tease. Tenant shall discharge any mechanics' liens for materials or labor claimed to have been furnished to the Premises on Tenant's behalf. All Tenant's Improvement Work shall be in compliance with all public works licensing and contracting requirements. 11. Trade Fixtures; Personal Property. Tenant, at its sole cost and expense, has the right, but not the obligation, to install, use, replace, and remove its trade fixtures and personal property, such as, without limitation, telephone, and other communications equipment, machinery and office furniture. Upon the expiration of the Term or the earlier termination of this Lease, Tenant has the right to remove such trade fixtures and personal property from the Premises, provided that Tenant shall repair all damage to the Premises resulting from such removal 12. Repairs and Maintenance. 12.1 Landlord's Obligations. The following shall be the responsibility of Landlord: 12.1.1 Repairs and maintenance of the roof and gutters, exterior walls (including painting), bearing walls, structural members, floor slabs, and foundation, 12.1.2 Repair of sidewalks, driveways, curbs, parking areas, and areas used in common by Tenant and Landlord, 12.1.3 Repair and maintenance of exterior water, sewage, gas, and electrical services. 12.1.4 Repair of the heating and air conditioning system other than ordinary maintenance, 12.1.5 Maintenance of all exterior landscaping on the Premises. 12.1.6 Any maintenance of sidewalks, with the exception of snow removal which shall be tenants responsibility. 12.2 Tenant's Obligations. The following shall be the responsibility of Tenant 12.2.1 Repair of interior walls, ceilings, doors, windows, and related hardware, light fixtures, switches, and wiring and plumbing in the Premises. BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 4 12.2.2 Any repairs necessitated by the negligence of Tenant, its agents, employees, and invitees, including repairs that would otherwise be the responsibility of Landlord under this Section. 12.2.3 Ordinary maintenance of the heating and air conditioning system and any repairs necessary because of improper maintenance. 12.2.4 Any repairs or alterations required under Tenant's obligation to comply with any applicable laws and regulations. 12.2.5 Snow Removal from sidewalks on the premises. 12.2.6 All other repairs to the Premises which Landlord is not required to make under this Section. 12.3 Landlord's Interference with Tenant. In performing any repairs, replacements, alterations, or other work performed on or around the Premises, Landlord shall not cause unreasonable interference with the use of the Premises by Tenant. Tenant has no right to an abatement of Rent nor any claim against Landlord for any inconvenience or disturbance resulting from Landlord's activities performed in conformance with the requirement of this Section. 12.4 Reimbursement for Repairs and Maintenance Assumed. If either party fails or refuses to make repairs and/or perform maintenance as required by this Section, the other party may make repairs and charge the actual costs of repairs to the first party, Such expenditures by either party shall be reimbursed by the other on demand together with interest thereon at the rate of 9% per annum from the date of expenditure. Except in an emergency creating an immediate risk of personal injury or property damage, neither party may perform repairs or maintenance that is the obligation of the other party and charge the other party for the resulting expense unless at least 10 days before work is commenced, and the defaulting party is given notice in writing outlining with reasonable particularity the repairs required, and such party fails within that time to initiate such repairs in good faith. 13. Insurance. 13.1 Landlord's Insurance. Landlord shall procure and maintain during the Term, Fire, Windstorm, and Extended Coverage Insurance (with additional perils to be covered at Landlord's option) on the Building, the Premises and the Common Area in amounts not less than one hundred percent (100%) of the replacement cost above the foundations 13.2 Tenant's Personal Property. Tenant shall have responsibility for obtaining, if desired, insurance on Tenant's personal property, whether owned, rented, leased, or borrowed. Tenant expressly waives any claim against Landlord for any loss or damage to Tenant's personal property unless such loss or damage results from Landlord or Landlord's agents or employees negligence. 13.3 Tenant's Commercial General Liability Insurance. At all times during the Term, Tenant, at its sole cost, shall maintain in full force and effect a commercial general BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 5 liability insurance policy for the Premises, covering personal injury, death, and property damage. Such insurance shall be for an amount no less than $500,000 per occurrence/$1,000,000 per aggregate. Such insurance policy shall name both Landlord and Tenant as insureds, as their interests may appear. Tenant's liability insurance will also include the broadest available form of contractual liability coverage that will provide coverage to the maximum extent possible of Tenant's indemnification obligations under this Lease. 13.4 Worker's Compensation and Employer Liability Coverage. Tenant will procure and maintain worker's compensation insurance as required by law. Such policies will contain waivers of subrogation in favor of Landlord. 13.5 Evidence of Insurance. Tenant shall, prior to occupancy and at anytime upon request, provide Landlord with adequate evidence of the continued existence of applicable insurance coverage which shall contain an agreement by the insurer that such insurance coverage shall not be modified or canceled without delivery of at least thirty (30) days' written notice to Landlord. 13.6 Tenant Invalidation. Tenant shall not do or permit anything to be done which invalidates any such insurance policies required by this Lease. 14. Mutual Subrogation Waiver. Anything in this Lease to the contrary notwithstanding, Landlord and Tenant each waives any and all rights of recovery, claim, action, or cause of action against the other for any loss or damage that may occur to the Premises or any improvements thereto, or any personal property of Landlord or Tenant, arising from any cause that (a) would be insured against under the terms of any property insurance required to be carried hereunder; or (b) is insured against under the terms of any property insurance actually carried, regardless of whether it is required hereunder. The foregoing waiver shall apply regardless of the cause or origin of the claim, including, but not limited to, the negligence of a party or that party's agents, officers, employees, or contractors. The foregoing waiver shall not apply if it would have the effect, but only to the extent of such effect, of invalidating any insurance coverage of Landlord or Tenant. The foregoing waiver shall not be applicable to the portion of any loss or damage that is not reimbursable by the damaged party's insurer because of the deductible in the damaged party's insurance coverage. 15. Damage or Destruction. 15.1 Repair and Restoration. In the event that the Premises shall be damaged or destroyed by fire, or other casualty, Tenant promptly shall deliver to Landlord notice thereof. If the damage or destruction resulted from risk required to be insured pursuant to the terms of this Lease, and unless terminated, this Lease shall remain in full force and effect, and Landlord, shall promptly repair the damage or destruction and restore the Premises to substantially that condition existing immediately prior to such damage or destruction. If Tenant remains in occupancy of the Premises, Landlord shall exercise such repair and restoration efforts in a manner so as not to interfere unreasonably with the use and occupancy of the Premises by Tenant for the conduct of its business operations. Until the completion of Landlord's repair and restoration pursuant to this BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 6 Section, Tenant's obligation to pay Rent and other amounts payable by Tenant hereunder shall abate as of the date of the damage or destruction in proportion to the extent that the value of the Premises for the use and occupancy thereof by Tenant for the conduct of its business operations shall be reduced. 15.2 Rights of Termination. Landlord's and Tenant's respective rights to terminate this Lease upon the occurrence of certain damage or destruction shall be governed as follows: 15.2.1 If the Premises shall be damaged or destroyed to the extent of more than fifty percent (50%) of the full replacement cost thereof, then either Landlord or Tenant may elect to terminate this Lease by delivery of notice to the other within thirty (30) days after the date of such damage or destruction; or 15.2.2 If any portion of the Premises shall be rendered untenable, in Tenant's reasonable judgment, for the use and occupancy thereof by Tenant for the conduct of its business operations as a result of any damage or destruction, or if Tenant reasonably shall anticipate that the repair and restoration of any such damage or destruction shall not be completed within ninety (90) days after the date of the damage or destruction and Landlord shall not have provided Tenant with temporary substitute premises acceptable to Tenant, in Tenant's reasonable judgment, then Tenant may elect to terminate this Lease by delivery of notice to Landlord within thirty (30) days after the date of such damage or destruction; and 15.2.3 Upon delivery of any notice, this Lease shall terminate as of the date of the damage or destruction unless otherwise provided in such notice, and Tenant shall have no further liabilities or obligations hereunder other than to pay Rent accrued hereunder as of the date of such termination. 16. Eminent Domain. 16.1 Repair and Restoration. In the event that any portion of the Premises shall be taken or threatened to be taken under the power of eminent domain or settlement in lieu thereof for any public or quasi -public use, Landlord shall promptly deliver to Tenant notice thereof. Unless terminated pursuant to Subsection 2, this Lease shall remain in full force and effect, and Landlord, at its sole cost and expense, shall repair the damage and restore the Premises so as to constitute the remaining portion thereof a complete architectural unit. If Tenant remains in occupancy of the Premises, Landlord shall exercise such repair and restoration efforts in a manner so as not to interfere unreasonably with the use and occupancy of the Premises by Tenant for the conduct of its business operations. Until the completion of Landlord's repair and restoration pursuant to this Section, Tenant's obligation to pay Rent and other amounts payable by Tenant hereunder shall abate as of the date on which possession of the Premises or portion thereof shall be required by the public or quasi -public body in proportion to the extent that the value of the Premises for the use and occupancy thereof by Tenant for the conduct of its business operations shall be reduced. 16.2 Rights of Termination. If the use and occupancy of any portion of the Premises is materially reduced as a result of any of the events for which notice is required to be given to BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 7 Tenant under Subsection 1, either party may elect to terminate this Lease by delivery of notice to Landlord. In such event, this Lease shall terminate effective as of the later to occur of (a) the date of actual vacation of the Premises by Tenant, or (b) a date not more than 60 days in advance of the date on which possession of the Premises are required by the public or quasi -public body; and thereupon Tenant shall have no further liabilities or obligations hereunder other than to pay Rent accrued hereunder as of such date of termination. 17. Tenant's Default; Landlord's Remedies. 17.1 Tenant Default. Any of the following events shall constitute a default of this Lease by Tenant (a "Tenant Default"): 17.1.1 Failure of Tenant to pay any Rent or other amount payable by Tenant hereunder when due and such Tenant Default continues for five (5) days after delivery of a written notice by Landlord to tenant; and 17.1.2 Vacating or abandonment of all or a substantial part of the Premises, 17.1.3 Failure of Tenant to comply with any provision of this Lease other than payment of rent, with such failure continuing for 5 days after delivery of a written notice by Landlord to Tenant specifying the nature of non-compliance by Tenant. However, if the nature of Tenant's default is such that it can not be reasonably cured within the time provided, Tenant shall not be in default if Tenant commences to cure the default within the time provided and thereafter diligently proceeds to cure such default. 17.1.4 The making of an assignment or general arrangement for the benefit of creditors by Tenant or any guarantor of Tenant's obligations under the Lease. 17.1.5 The filing of a petition under the Federal Bankruptcy Act or any similar law or statute of the United States or any state thereof by Tenant or any guarantor of Tenant's obligations under this Lease. Or, the failure of the dismissal, within 30 days after the filing of any involuntary petition of bankruptcy or insolvency against Tenant or guarantor of Tenant's obligations. 17.1.6 The appointment of a receiver or trustee for all or substantially all the assets of Tenant or any guarantor of Tenant's obligations under this Lease. Such receivership shall not have been terminated or stayed within the time permitted by law. 17.1.7 The attachment, execution or other judicial seizure of substantially all of Tenant's assets located in the Premises or of Tenant's interest in this Lease where such seizure is not discharged with thirty (30) days. 17.2 Landlord's Remedies. In the event of a Tenant Default, Landlord shall have the option to exercise one or more of the following rights and remedies: 17.2.1 To terminate this Lease, in which event Tenant shall immediately surrender the Premises to Landlord. In Tenants shall fail to do so, Landlord may enter BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 8 upon the Premises without notice and again have, repossess and enjoy the same as if this Lease had not been made, and all Terms, conditions, covenants and obligations of this Lease on the part of Landlord to be performed shall cease and terminate, without prejudice, however, to the right of Landlord to recover from Tenant all Rent accrued hereunder as of the date of such entry by Landlord; and 17.2.2 To relet the Premises for the remainder of the then existing Primary Term or Extension Term for the highest rent reasonably obtainable and to recover from Tenant any deficiency, as it accrues, between the amount so obtained and Rent payable by Tenant hereunder; provided, however, that Landlord shall be obligated in such event to exercise in good faith diligent efforts to mitigate its damages by reletting the Premises for the highest rent reasonably obtainable under the circumstances; 17.2.3 Declare the entire amount of Rent past due as well as that which would have become due and payable during the remainder of the term of this Lease to be due and payable immediately. In this event Tenant shall pay to Landlord the same immediately. Acceptance by Landlord of the payment of such Rent shall not constitute a waiver of any then existing default occurring thereafter. 17.2.4 To pursue all other rights and remedies to which Landlord may be entitled hereunder, at law or in equity. 18. Landlord's Default; Tenant's Remedies. In the event of any failure by Landlord to perform any Term, condition, covenant or obligation of this Lease on the part of Landlord to be performed within thirty (30) days after the date on which Landlord receives from Tenant notice specifically describing such failure, Tenant (in addition to all other remedies to which Tenant may be entitled under this instrument or at law or in equity) may cure such default by Landlord on behalf of, and at the sole cost and expense of, Landlord, Landlord shall reimburse Tenant for its costs and expenses in connection therewith within thirty (30) days after Tenant's delivery to Landlord of an invoice therefor. The foregoing notwithstanding, if Landlord shall exercise in good faith diligent efforts within such thirty (30) day period to cure the failure specified in the notice but shall not be able to do so because of acts of God, riots, or labor strikes or other circumstances beyond reasonable control of Landlord, then any such failure shall not be considered a default of this Lease by Landlord so long as Landlord shall continue to exercise in good faith such diligent efforts to cure such failure and shall do so within a reasonable period of time. 19. Warranties and Representations. 19.1 Compliance with Laws. 19.1.1 Landlord's Improvement Work. 19.1.1.1 Landlord warrants and represents that Landlord's Improvement Work, shall be done in a good and workmanlike manner and comply with all 1 laws, ordinances and requirements, including without limitation the procuring of all building and other permits, licenses, approvals and certificates of occupancy BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 9 and the observance of applicable building, zoning and other code requirements of governmental authorities with competent jurisdiction, in effect at the time the work was completed, or the certificate, license or approval was issued with respect to Landlord's Improvement work. 19.1.1.2 If any improvements, alterations or renovations to the Premises shall be required by any law, ordinance or requirement of any governmental authority with competent jurisdiction, then Landlord, at its sole cost and expense, shall perform such improvements, alterations or renovations in a timely manner, provided that if, but only if, such improvements, alterations or renovations are required because of Tenant's specific use of the Premises, Tenant shall reimburse Landlord for the cost thereof. 19.1.2 Tenant's Improvement Work. Tenant represents and warrants that Tenant's Improvement Work, its maintenance and repairs and its use and occupancy of the Premises for the conduct of its business operations shall comply with all applicable laws, ordinances and requirements of governmental authorities with competent jurisdiction. 19.2 Warranty of Title and Authority. Landlord warrants and represents that: (a) Landlord is the fee simple owner of the Premises with full authority to execute, deliver and perform this Lease; and (b) as of the date of this Lease there are no liens or encumbrances against the Premises. Tenant, at its sole cost and option, may procure title insurance. 19.3 Hazardous and Toxic Conditions. 19.3.1 Landlord's Warranties. Landlord warrants and represents that the Premises do not contain any material classified as toxic or hazardous under applicable federal, state and local laws, ordinances and requirements of governmental authorities with competent jurisdiction, If a toxic or hazardous condition not caused by Tenant is discovered on the Premises, then (i) Landlord shall: (a) promptly give Tenant written notice of such condition; and (b) immediately cause such toxic or hazardous condition to be cleaned up and brought into compliance with applicable laws, ordinances and requirements of governmental authorities with competent jurisdiction and, (ii) Landlord agrees to indemnify Tenant pursuant to the provisions of this Lease against any Losses as defined herein incurred by Tenant arising out of any such newly discovered toxic or hazardous condition and/or arising out of any condition disclosed by Landlord and/or existing on the date of execution of this Lease by both parties. 19.3.2 Tenant's Duty. If a toxic or hazardous condition is discovered on the Premises and is caused by Tenant, then (i) Tenant shall: (a) promptly give Landlord written notice of such condition; and (b)immediately cause such toxic or hazardous condition to be cleaned up and brought into compliance with applicable laws, ordinances and requirements of governmental authorities with competent jurisdiction and, (ii) Tenant agrees to indemnify Landlord pursuant to the provisions of this Lease hereof against any 1 Losses as defined herein incurred by Landlord arising out of any such Tenant -caused toxic or hazardous condition. BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 10 19.3.3 Tenant's Warranties. Tenant covenants and agrees that it shall not conduct hazardous activities or operations on or about the Premises or store or handle liquids or materials hazardous to human health or to the environment on or about the Premises except materials in transit, which are customarily transferred or handled in Tenant's business. At all times during the Term, Tenant shall exonerate, protect, defend, indemnify and hold Landlord harmless from and against any and all losses, damages, claims, suits or actions, judgments and costs, including reasonable attorneys fees, arising out of Tenant's breach of the covenant set forth in this Section in accordance with the provisions of this Lease. 19.4 Prior Usage of Premises. Landlord has no knowledge that the past uses of the Premises have included any storage, treatment, recycling or disposal of waste on the Premises, except for storage of trash in containers in compliance with applicable federal, state and local laws, ordinances and other requirements of governmental authorities with competent jurisdiction, which containers have been removed from the Premises and from which there has been no release of Hazardous Substances. 19.5 Broker's Commission. Landlord and Tenant each warrants and represents for the benefit of the other that it has not dealt with any real estate broker, finder or agent in connection with this Lease. 20. Landlord's Right of Entry. Landlord may enter upon the Premises as often as Landlord may deem reasonably necessary for the purposes of performing maintenance and repairs, inspecting the Premises, offering the Premises for lease (but only during the period which commences one hundred twenty (120) days prior to the expiration of the then existing Primary Term or Extension Term ) or offering the Premises for sale, Landlord's right of entry shall be exercised in a manner and at times such that there shall be no unreasonable interference with the use and occupancy of the Premises by Tenant for the conduct of its business operations, Landlord may place customary "For Sale" signs on the Premises and may place "For Lease" signs on the Premises, in each case, during the above-described one hundred (120) day period. 21. Mutual Indemnification. Each party (the "Indemnitor") agrees to indemnify, defend and hold the other party (the "Indemnitee") harmless from and against any and all losses, damages, claims, suits, actions, judgments, liabilities and expenses, including, without limitation, environmental damages and remediation expenses, reasonable attorneys' fees (collectively, "Losses"), arising out of, or with respect to: (a) any breach of any warranty or representation or any covenant or agreement of the Indemnitor under this Lease; or (b) any injury to, or death of, persons and/or any damage to, or destruction of, property, on or about the Premises and attributable to the negligence or misconduct of the Indemnitor, or its officers, employees, agents, contractors or invitees, except for any such breach, any injury or death or any damage or destruction arising out of, or with respect to, the negligence or misconduct of the Indemnitee, or any of its officers, employees, agents, contractors or invitees, or as otherwise specifically provided in this Lease; provided, however, that the indemnification obligation created by this Section shall be expressly conditioned upon the Indemnitee (i) delivering to the Indemnitor prompt notice of any event giving rise to such indemnification obligation and (ii) providing the Indemnitor the opportunity to defend itself from and against any Losses, BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - I I 22. Transfers. 22.1 Assignment and Subletting. Except as provided in this Section, Tenant shall not assign this Lease without the consent of Landlord, which consent shall not be unreasonably withheld or delayed; provided, however, that Tenant shall have the right, without the consent of Landlord, to sublet any portion of the Premises to Members of the Entrepreneur Think -Tank Cooperative for the purposes set forth in this Lease. Absent the written agreement of Landlord, no assignment of this Lease or subletting of all or any portion of the Premises shall relieve Tenant of any of the Terms, conditions, covenants and obligations of this Lease on the part of Tenant to be performed. Tenant's sublease agreement shall require sublessees to comply with the terms, conditions, covenants, and obligations of this Lease. 22.2 Notice of Sale. If Landlord sells the Premises, Landlord shall inform Tenant by notice under as according to the procedures required under this Lease. 23. Holding Over. If Tenant shall continue to occupy the Premises after the expiration of the Term or the earlier termination of this Lease, then Tenant shall be deemed to be occupying the Premises as a tenant from month-to-month, subject to the Terms and conditions of this Lease, except that the Rent during any holdover period shall be one hundred ten percent (110%) of the Rent charged during the last month of the Primary Term or, if applicable, the last exercised Extension Term of the Lease, provided, however, that either party shall have the right to terminate such month-to-month tenancy upon delivery of thirty (30) days' notice to the other, 24. Quiet Enjoyment. As long as Tenant is in compliance with all provisions of this Lease, Tenant shall be entitled to the peaceful and Quiet possession of the Premises free from any interference or disturbance by Landlord, This provision is subject to mortgages, ground leases, encumbrances, or other interests to which this Lease is subordinate. 25. Surrender of Premises. Upon the expiration or earlier termination of the Term, Tenant shall deliver up and surrender the Premises to Landlord in as good order and condition as upon Tenant Possession Date, subject to: (a) Tenant's improvements, alterations and renovations to the Premises, including without limitation Tenant's Improvement Work; (b) normal wear and tear; (c) damage by fire, explosion or other casualty; (d) repairs and restoration for which Tenant shall not be responsible hereunder; and (e) Tenant's removal of its trade fixtures. 26. Notices; Computation of Time. For the purposes of all notices, communications, payments of Rent and other amounts payable by Tenant to Landlord hereunder all notices to Tenant shall be sent to: LANDLORD Payments shall be remitted to the City of Meridian, Finance Department, 33 East Broadway, Meridian ID 83642, with a copy of any notice to the City Clerk at the same address, TENANT: BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 12 Julie Larson, 3000 Sugarcane Dr, Nampa, ID 83687 With a copy to: Building Manager, 33 E. Idaho Street Meridian ID, 83642 Any notices and other communications to be delivered by either party to the other pursuant to this Lease shall be in writing and shall be deemed delivered as follows, except as otherwise specifically provided in this Lease: (a) when hand delivered or telecopied (provided that telecopied notices must be confirmed within any applicable time period plus two (2) days by one of the following methods of notice); (b) one (1) business day after mailing by Federal Express or other overnight courier service; or (c) three (3) business days after deposit (or, in the case of any notices sent by Tenant to Landlord for the purpose of exercising rights of first refusal and rights and options to extend the Primary Term or any Extension Term, or to purchase any portion of the Premises or Landlord's right, title and interest therein, upon deposit) in the United States mail by registered or certified mail, postage prepaid, return receipt requested, addressed to the party to be charged with notice at the above -recited address or the above -recited telecopier number or such other address or telecopier number as either party from time to time may designate by notice delivered to the other; provided, however, that no notice of change of address or telecopier number shall be deemed given until received by the party to be notified. Except as otherwise specifically provided herein, in the computation of any period of time which shall be required or permitted hereunder or under any law for any notice or other communication or for the performance of any Term, condition, covenant or obligation, the day from which such period runs shall be excluded and the last day of such period shall be included unless it is a Saturday, Sunday or legal holiday, in which case the period shall be deemed to run until the end of the next day which is not a Saturday, Sunday or legal holiday. 27. Recording. If Landlord or Tenant requests, the parties shall execute and acknowledge a short form of lease for recording purposes, which short form of lease shall be recorded at the expense of the party requesting the same, which party shall pay any documentary transfer tax or other special tax or assessment associated with, or triggered by, such recording. If Tenant so requests, Tenant shall escrow with Landlord's counsel an executed release and waiver with respect to this Lease and any such memorandum, with instructions to file the same upon the expiration or earlier termination of the Term. 28. Signs. Tenant shall have exclusive exterior and interior sign rights for the Premises subject to the terms of this Lease and shall have the right to erect and display signs on the Premises and on such other areas of the Premises as Tenant reasonably may request, subject only to compliance with applicable laws, ordinances and requirements of governmental authorities with competent jurisdiction, specifically, Tenant shall consult with the Meridian Planning Department, make any necessary application, and comply with all requirements. Dispute Resolution. 28.1 Good Faith. Except for a Tenant Default under this Lease, the parties shall attempt in good faith to resolve any controversy arising out of or relating to this Lease promptly BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 13 by negotiations between authorized representatives of the parties begun by written notice from one party to the other. 28.2 Mediation. Except for a Tenant Default, if the controversy has not been resolved within thirty days of the date of written notice thereof under subsection 1, either party may, but is not required to, initiate mediation of the controversy or claim in accordance with American Arbitration Association Real Estate Industry Mediation Rules.. 29. Attorney Fees. If suit or action is instituted in connection with any controversy arising out of this lease, the prevailing party shall be entitled to recover in addition to costs such sum as the court may adjudge reasonable as attorney fees at trial, on petition for review, and on appeal, 30. Miscellaneous. 30.1 Entire Agreement. This Lease: (i) contains the entire agreement between the parties and no promise, representation, warranty, covenant, agreement, or understanding not specifically set forth in this Lease shall be binding upon either party; (ii) may not be amended, modified, or supplemented in any manner except in writing signed by the parties; (iii) shall be construed and governed under the laws of the state where the Premises are located; (iv) shall not be construed more stringently in favor of one party against the other regardless of which party has prepared the same; (v) shall be binding upon, and inure to the benefit of, the parties and their respective heirs, executors, administrators, personal and legal representatives, successors, and permitted assigns; (vi) shall not be binding until this Lease shall be executed and delivered by the parties, to each other; and (vii) may be executed in counter parts, each of which shall be deemed an original, but which all together constitute the same instrument. 30.2 Authorization of Parties. Any person executing this Lease on behalf of a corporation, trust, or partnership represents and warrants that such person is authorized to execute and deliver this Lease on behalf of the entity. 30.3 Non -waiver. The failure of either party to insist upon strict performance of any provision of this Lease shall not be deemed a waiver of any rights or remedies at any other time. 30.4 Headings. Headings are for convenience only and are not a part of this Lease. 30.5 Invalidity of Terms. The invalidity or unenforceability of any term or provision shall not affect the validity or enforceability of the remainder of this Lease. 30.6 Additional Requirements. The parties agree to obtain, execute, deliver, and file such additional documents, instruments, and consents as may be reasonably requested by either party, at the sole cost and expense of the requesting party, in order to fully effectuate the terms and conditions of this Lease. IN WITNESS WHEREOF, the parties have caused this Lease to be duly executed by each of their respective authorized representatives effective as of the date referred to in the Preamble hereof. BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 14 LANDLORD: City of Meridian Mayor Tamm d eerd TENANT: Entrepreneur Think -Tank Co - OF... _ _ .. I m BUILDING LEASE, 33 EAST IDAHO AVENUE, MERIDIAN - 15 Meridian City Council Meeting DATE: August 16, 2011 ITEM NUMBER: 5G PROJECT NUMBER: ITEM TITLE: Resolution No. Proposed # 11-799: Approving Lease of 33 East Idaho Avenue MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 11Aq - BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZARE MBA A RESOLUTION APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MERIDIAN (LESSOR) AND ENTREPRENEUR THINK-TANK CO-OPERATIVE, LLC (LESSEE) FOR THE PREMISES LOCATED AT 33 EAST IDAHO AVENUE, MERIDIAN IDAHO; AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST SAID AGREEMENT ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF MERIDIAN, IDAHO WHEREAS, the City of Meridian has approximately 8,000 square feet of office space located at 33 East Idaho Avenue (the "premises") that is not currently used for City business; and, WHEREAS, the City of Meridian has no immediate plans to use the premises for City business. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. The premises described in the lease agreement between the Entrepreneur Think - Tank Co -Operative, LLC and the City of Meridian is not otherwise needed for City purposes. SECTION 2. That the terms of the agreement (attached hereto and incorporated herein) between the Entrepreneur Think -Tank Co -Operative, LLC and the City of Meridian are just and equitable, and the same is hereby approved as to both form and content. SECTION 3. That the Mayor and City Cleric be, and they hereby are, authorized to respectively execute and attest said Lease Agreement for and on behalf of the City of Meridian. SECTION 4. This Resolution shall be in full force and effect immediately upon its adoption and approval. ATTE M ADOPTED by the City Council of the City of Meridian, Idaho, this IL day of August, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this � day of August, 2011. APPROVED: Mayor Ta my e Weerd RESOLUTION FOR 33 EAST IDAHO LEASE AGREEMENT (SEAL) Meridian City Council Meeting DATE: August 16, 2011 ITEM NUMBER: 6 ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: August 16, 2011 ITEM NUMBER: 7A PROJECT NUMBER: TE 11-003 ITEM TITLE: Messina Meadows Public Hearing: TE 1 1-003 Messina Meadows Subdivision by Brighton Corporation Located North of E. Amity Road; Midway Between S. Locust Grove Road and S. Eagle Road Request: Two (2) Year Time Extension on the Preliminary Plat MEETING NOTES �l2gves+ 4o At) 81i ll, �I CC,, -4-, , Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS • CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET PROJECT NUMBER TE 11-003 PROJECT NAME Time Extension for Messina Meadows on Preliminary Plat PLEASE PRINT NAME FOR I AGAINST I NEUTRALI Meridian City Council Meeting DATE• August 16, 2011 ITEM NUMBER: 8A ITEM TITLE: Parks/Legal Departments: Lions Club Rodeo Ada County CUP Conditions of Approval: Right of Way Dedication MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION DECLARING THE INTENT OF THE CITY OF MERIDIAN TO CONVEY TO THE ADA COUNTY HIGHWAY DISTRICT FOR RIGHT OF WAY PURPOSES A PORTION OF CERTAIN REAL PROPERTY LOCATED AT 6054 W CHERRY LANE; INSTRUCTING THE CITY CLERIC TO ESTABLISH AND NOTICE A HEARING TO REVIEW THE PROPOSED CONVEYANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, whenever the City Council proposes to convey any real property, Idaho Code Section 50-1402 requires a declaration of the City Council setting forth the value or minimum price, if any, it intends to receive as a result of such conveyance or exchange; and, WHEREAS, the declaration may be in the form of an explanation of an intended exchange or conveyance for other than monetary consideration; and, WHEREAS, when it is determined by the City Council to be in the City's best interest that a transfer or conveyance be made, the City Council may, pursuant to the procedure set forth in Idaho Code Section 50-1403, authorize the transfer or conveyance of any real property owned by the City to any tax supported governmental unit, with or without consideration; and, WHEREAS, the Ada County Highway District has requested that the City Council of the City of Meridian set a hearing to consider the transfer of certain real property from the City to the Ada County Highway District for right-of-way purposes; and, WHEREAS, following the declaration of intent, the City Clerk shall publish a summary of the action taken by the City Council and provide notice of a public hearing before the City Council at least fourteen (14) days prior to the date of the hearing. NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That it is hereby declared that the City of Meridian intends to convey to the Ada County Highway District certain real property located at 6054 W. Cherry Lane, to wit, up to 48 feet along the southerly boundaries of Ada County Parcels S1204336450 and 51204336500. RESOLUTION DECLARING INTENT TO CONVEY REAL PROPERTY -PAGE l or 2 Section 2. That the City of Meridian hereby declares its intention to convey the real property without consideration because it is in the City's best interest that the Ada County Highway District take ownership of the property for right-of-way purposes. Section 3. That the City Clerk is hereby instructed to publish a summary for this declaration of intent and establish a public hearing date to review the proposal to convey the real property. Section 4. That the City Attorney is hereby instructed to bring forth a proposed Ordinance as required by Idaho Code Section 50-1403 for the consideration of the City Council at the conclusion of the public hearing. Section 5. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of , 2011. ATTEST: Lo Jaycee L. Holman, City Clerk APPROVED: Mayor Tammy de Weerd RESOLUTION DECLARING INTENTTO CONVEY REAL PROPERTY —PAGE 2 or2 Meridian City Council Meeting DATE: August 16, 2011 ITEM NUMBER: $B ITEM TITLE: Public Works: Biosolids Lime Stabilization Demonstration Project MEETING NOTES torr\ 0.rva / "Uk\\Q. 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LL — C: (6 -. F- m M CL C: v_, C: Q) ,.� a-+ U) Z w .. Mn 0 a-, ) 0 Meridian City Council Meeting <�S�L DATE: August 16, 2011 ITEM NUMBER: ITEM TITLE: NPDES Permit Presentation & Task Order. Award of Task Order No. 10264 to HDR Engineering, Inc. for NPDES Permit Strategy and Technical Assistance for the Not -To - Exceed Amount of $107,950.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Clint Dolsby Date: 8/1111 Re: August 9 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the August 9 City Council Consent Agenda for Council's consideration. Approval of Task Order No. 10264 for "NPDES Permit Strategy and Technical Assistance" to HDR Engineering Inc. and authorize the Mayor to siqn the Task Order in the Not -To -Exceed amount of $107,950.00. This Task Order is issued in conjunction with the Master Agreement with HDR dated May 23, 2011 which is a result of the formal RFQ #CW -01-2010. Recommended Council Action: Approval of Task Order No. 10264 and Authorize the Mayor to sign for the Not -To -Exceed amount of $107,950.00. Thank you for your consideration. • Page 1 I 1 1 lic orksDepartment TO: Mayor Tammy de Weerd Members of the City Council FROM: Clint Dolsby, P.E. Assistant City Engineer DATE: June 23, 2011 Mayor Tammy de Weerd City Council Membero Keith Bird Brad Hoaglun Charles Rountree David Zaremba SUBJECT: TASK ORDER #10264 FOR NPDES PERMIT STRATEGY AND TECHNICAL ASSISTANCE WITH HDR ENGINEERING, INC FOR A NOT TO EXCEED AMOUNT OF $107,950 PURSUANT TO THE MASTER AGREEMENT ENTERED INTO MAY 23, 2011 I. RECOMMENDED ACTION A. Move to: 1. Approve the Task Order with HDR Engineering, Inc for the NPDES Permit Strategy and Technical Assistance, in an amount not to exceed $107,950.00; and 1. Authorize the Mayor to sign the agreement. 11. DEPARTMENT CONTACT PERSONS Clint Dolsby, Asst. City Engineer (Project Manager) 489-0341 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Back rg ound The City of Meridian currently discharges treated water from the Wastewater Treatment Plant to Five Mile Creek as permitted under the National Pollutant Discharge Elimination System (NPDES) program. The City of Meridian's current NPDES permit expired November 2, 2004 and the City should have a Page 1 of 3 current NPDES permit. However, the U.S. Environmental Protection Agency (EPA) has not issued new or renewed municipal NPDES permits in the Lower Boise River watershed pending the outcome of the development of load allocations for municipal discharges resulting from either a Boise River TMDL or the Snake River Hells Canyon TMDL. Recently, the EPA has issued a preliminary draft NPDES permit for the City of Boise Lander St. Wastewater Treatment Facility and is expected to draft NPDES permits for other wastewater facilities in the Treasure Valley. The Idaho Department of Environmental Quality (DEQ) does not have primacy for NPDES permitting; however, DEQ will provide 401 certification of EPA's permit. Draft NPDES permits for facilities in the Treasure Valley could significantly impact the City of Meridian's wastewater program both in terms of economics and infrastructure to dispose of treated water. Initial indications from EPA are the inclusion of potentially low discharge concentration limits for total phosphorus and water temperature limits. Therefore, it is important for the City of Meridian to understand the potential impacts of such new requirements, develop a programmatic strategy, prepare comments on draft NPDES permits, and negotiate with EPA and DEQ. B. Proposed Project The scope of engineering services is for NPDES permit strategy and technical assistance to aid the City of Meridian in meeting the challenges of obtaining a favorable NPDES permit for their wastewater program. C. Consultant Selection HDR Engineering, Inc. was chosen for this project due to their expertise in the negotiation of NPDES Permits, specifically in the Spokane Valley and their familiarity with the Meridian Wastewater Treatment Plant. HDR Engineering, Inc. was also recently chosen as a qualified firm to provide consultant services for Environmental Engineering - NPDES Stormwater Consulting; Environmental Assessment for NPDES Permitting; Wetlands Delineation Services and they hold a Master Agreement for services over $25,000. IV. IMPACT A. Strategic Im act: This project meets our mission requirements to identify and prioritize work to anticipate, plan and provide public services and facilities that support the needs of our growing community and ensure modern reliable facilities while maintaining financial stewardship. B. Service/Delivery Imacct: Page 2 of 3 The negotiation and development of the NPDES permit for the Wastewater Treatment Plant is critical to the future of the facility. It will guide the improvements to the plant over the next several years and shape the capital improvement plan related to the Wastewater Treatment Plant. Successful negotiation of a permit that is mutually beneficial to the City and the regulators has the potential to save the City millions of dollars in capital improvements and chemical costs at the Wastewater Treatment Plant. C. Fiscal Impact: Project Costs Consultant Agreement $107,950 Total Cost $107,950 Project Funding WWTP Consulting (3200-55080) $107.950 Total Funding $107,950 VL TIME CONSTRAINTS Council's approval will allow this critical effort to continue with support for the negotiations and development of the Wastewater Treatment Plant NPDES Permit. VII. LIST OF ATTACHMENTS A. Task Order No. 10264. Department Approval: Page 3 of 3 �E IDR IANC--- IUAHO TASK ORDER NO. 10264 Under the MASTER AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN CITY OF MERIDIAN (OWNER) AND HDR ENGINEERING, INC. This Task Order is issued by City and accepted by the Engineer pursuant to the mutual promises, covenant and conditions contained in the Master Agreement (813 - Environmental Engineering - NPDES Stormwater Consulting; environmental Assessment for NPDES Permitting; Wetlands Delineation) between the above mentioned parties dated May 23, 2011. CITY OF MERIDIAN NPDES PERMIT STRATEGY AND TECHNICAL ASSISTANCE PURPOSE The City of Meridian currently discharges treated water from the Wastewater Treatment Plant to Five Mile Creek as permitted under the National Pollutant Discharge Elimination System (NPDES) program. The City of Meridian's current NPDES permit expired November 2, 2004 and the City should have a current NPDES permit. However, the U.S. Environmental Protection Agency (EPA) has not issued new or renewed municipal NPDES permits in the Lower Boise River watershed pending the outcome of the development of load allocations for municipal discharges resulting from either a Boise River TMDL or the Snake River Hells Canyon TMDL. Recently, the EPA has issued a preliminary draft NPDES permit for the City of Boise Lander St. Wastewater Treatment Facility and is expected to draft NPDES permits for other wastewater facilities in the Treasure Valley, The Idaho Department of Environmental Quality (DEQ) does not have primacy for NPDES permitting; however, DEQ will provide 401 certification of EPA's permit. Draft NPDES permits for facilities in the Treasure Valley could significantly impact the City of Meridian's wastewater program both in terms of economics and infrastructure to dispose of treated water. Initial indications from EPA are the inclusion of potentially low discharge concentration limits for total phosphorus and water temperature limits. Therefore, it is important for the City of Meridian to understand the potential impacts of such new requirements, develop a programmatic strategy, prepare comments on draft NPDES permits, and negotiate with EPA and DEQ. The following scope of services is for NPDES permit strategy and technical assistance to aide the City of Meridian in meeting the challenges of obtaining a favorable NPDES permit for their wastewater program. Page 1 of 11 �E IDiZ IOANO SCOPE OF WORK This scope of services is for the Consultant to assist the City of Meridian through the preparation of the NPDES permit application, participation in the TMDL process, and assistance in water quality negotiations with EPA and DEQ. Additional services will be on call and will vary depending on the progression of the TMDL by the regulators and on the complexities related to submitting the NPDES permit application. The proposed scope of Consultant services are identified in the following tasks. The conceptual linkages of the iterative processes for this effort will be discussed as representative of the possible pathways for developing a strategy. TASK 100 - PROJECT MANAGEMENT Objective Prepare and implement a project management plan; provide scope, schedule, and cost control services; and initiate and attend project coordination meetings during the life of the project. Approach The approach involves completing necessary project management tasks. • Communicate frequently to the City and the project team through progress reports and email communications including the identification of information requirements or decisions to be made by the City. • Prepare an abbreviated Project Management Plan for distribution to Consultant's internal project team; monitor team progress; and coordinate issues with City's Project Manager. • Prepare invoices for the work progress to date and the budget expenditures to date (1 copy each month). • Provide quality control review of project deliverables. Assumptions Quality control reviews will be conducted with each task. City Input ® Feedback on project progress. o Interface with Consultant on project issues. Deliverables Invoices (1 copy each month). TASK 200 - BACKGROUND EXAMINATION OF WATER QUALITY ISSUES Objective Examine NPDES permits, 303(d) listings, Total Maximum Daily Loads (TMDLs), wastewater facilities plans and other pertinent information to prepare for Task 300. Page 2 of 11 �E IDIZ IANC-- 1DAt10t101 Approach The approach will involve examining documents relative to NPDES and water quality issues in the Treasure Valley along with national experience and issues to formulate critical issues and recommendations for Task 300. • Examine the City of Meridian's NPDES final permit, fact sheet, responses to comments, permit application(s) and correspondence with EPA and DEQ. • Examine NPDES final permits, fact sheets, responses to comments and status for up to five (5) wastewater treatment facilities (WWTFs) in the Treasure Valley. • Examine current and historical 303(d) listings for Five Mile Creek and Boise River. • Examine DEQ's publications on the Lower Boise River and the Snake River Hells Canyon TMDL to understand water quality issues in the Treasure Valley for potential implications to the City of Meridian NPDES permit. • Examine current and pending Idaho water quality standards including the revised anti - degradation rules for potential implications to the City of Meridian NPDES permit. • Examine up to three example NPDES permits from other parts of the U.S. which are applicable for developing a strategy for the City of Meridian. Assumptions • Results of the examination will be compiled into PowerPoint presentations for Task 300. All materials examined except for the City of Meridian's will be those readily accessible via the internet. City Input City of Meridian will provide Consultant with NPDES final permit, fact sheet, responses to comments, permit application(s) and correspondence with EPA and DEQ for examination. Deliverables • None — Results will be included in Task 300. TASK 300 - INTERNAL STRATEGY WORKSHOPS Objective Conduct internal strategy workshops with the City of Meridian to discuss the findings of Task 200 and decide objectives for Tasks 400, 500, and 600 and outline general path forward for the City for NPDES permit strategy. Approach The approach involves conducting informal internal strategy workshops to discuss concepts, ideas, and issues related to NPDES permits to explore critical items for the City of Meridian and begin to formulate these into a strategy. Conduct internal strategy workshops which explore the following issues; • Overall objectives of the City of Meridian's strategy. • Regulatory requirements for nutrient management. Page 3 of 11 �E IDR IAN3?-- IDAktl • Current and potential future parameters for the City of Meridian NPDES permit. • Inclusion of concentration versus mass limits in the City of Meridian NPDES permit. • Inclusion of seasonal versus annual limits in the City of Meridian NPDES permit. • Preferred compliance schedule and key timelines for issues. • Identify EPA and DEQ key staff and decision makers involved in NPDES permitting. • Objectives of other NPDES permit holding entities relative to the City of Meridian's objectives. • City of Meridian's perspective and approach to future water quality trading programs. • City of Meridian's stance on future lower Boise River TMDLs. • Relationship of the NPDES permit and the City of Meridian's wastewater treatment plant flow capacity. • Relationship of the NPDES permit and the City of Meridian's current effluent management program / reuse, future reuse plans, and future recharge program. • Relationship of the NPDES permit and the City of Meridian's stormwater policies and program. • Task includes necessary preparation time for the review and presentation of information for strategy decisions, conducting the workshop, and meeting minutes and initial of paths forward for action items. Assumptions • No more than a total of sixteen (16) hours for workshops. • Depending on scheduling, workshops may last from one (1) to eight (8) hours each. • Workshops scheduled for more than four (4) hours will include break(s) for attendees, such as to have lunch separately. • Up to three (3) HDR staff will attend the workshops. • Workshops will be conducted at Meridian City Hall or HDR's Boise office. City Input • Representatives from the City of Meridian Public Works Department will attend workshops, will provide all information regarding Meridian's background meetings and correspondence with EPA and DEQ, and will engage in strategy development. • Discuss non-technical (i.e., legal) issues with legal counsel - City Attorney and/or outside counsel. • If legal services become necessary, the City of Meridian Legal Department may contract separately with outside counsel who is not representing other dischargers in the Boise River watershed. Deliverables • The PowerPoint presentations will be provided in Adobe .pdf formats. Page 4 of 11 �E IDIZ IANC I�P AH O� • Depending upon the results of the workshops and at the direction of the City of Meridian, a decision tree type matrix will be developed of the various scenarios and alternatives for the City of Meridian. • Meeting minutes via email. TASK 400 - MEETINGS WITH EPA AND DEQ Objective Conduct up to four (4) meetings to discuss critical issues discovered from Task 200. Approach The approach involves conducting up to four (4) meetings to discuss issues related to the City of Meridian's NPDES permit with EPA and/or DEQ. Assumptions • Meeting attendees will include EPA, DEQ, and the City of Meridian. • Meetings will last no more than two (2) hours. • Up to three (3) HDR staff will attend the meeting. • The meeting maybe conducted at via telephone or video conference at HDR's Boise office. City Input • Representatives from the City of Meridian Public Works Department will attend meeting. Deliverables • Agenda and meeting minutes will be provided in Adobe .pdf formats. TASK 500 - PREPARE COMMENTS ON OTHER MUNICIPALITIES' DRAFT NPDES PERMITS Objective Prepare a comment letter to EPA for the City of Meridian based on observations of other municipalities' draft NPDES permits and focused on the objectives and critical issues discovered from Task 200. Approach The approach involves highlighting to EPA specific issues with other draft NPDES permits in written documentation in preparation of supporting specific issues for the City of Meridian's draft NPDES permit. • Task includes effort for the review of permits and preparation of technical comments. • Prepare comment document related to specific technical issues. Assumptions Up to three (3) comment response letters will be drafted for up to three (3) draft NPDES permits: Lander Street WWTP, West Boise WWTP, and one other. Page 6 of 11 �EIDIZ IAN- ioano • The City of Meridian will officially submit the comments on City of Meridian letterhead or via alternative electronic methods provided by EPA. • Consultant will provide draft letters to the City of Meridian for comment at least one week prior to the submittal date to EPA. City Input • City of Meridian will provide one set of reconciled comments on each draft letter within three business days. Deliverables • Up to three comment response letters will be provided in Word .doc formats TASK 600 - NPDES PERMIT APPLICATION FOR SUBMITTAL Objective Draft a NPDES permit application for the City and prepare the materials for submittal from the City of Meridian to EPA based on the City's previous NPDES permit application, data from the City, and readily available public information. Approach The approach involves drafting the application based on current information and the results of the strategy meetings. Incorporate the information from the strategy meetings in the application to assist EPA in understanding the City's long-term approach for treatment. Compile and present the information and data required in the permit application format, EPA Form 2A and 2S. The permit application includes the following items: • Map with topography of the facility • Description of industrial users and pretreatment requirements • Wastewater treatment process information and flow diagram • Effluent data, which will be compiled in the trend viewer and summarized as required for inclusion in the permit application. • Existing reported biotoxicity data • Existing receiving stream data • Description of and data on biosolids and land application processes Assumptions • The City of Meridian will provide the necessary data for the application unless it is otherwise publically available. • Receiving stream data will be based on readily available information as collected by the City, DEQ, and/or USGS and as provided by the City or otherwise in the public domain. • No new biosolids and land application sites, individual permits, or otherwise will be included beyond the NPDES permit application requirements. Page 6 of 11 �E IDIZ IANs�-- ionuo • Consultant will address City comments and provide final NPDES permit application for submittal from the City to EPA. City Input City of Meridian will provide the following information to the Consultant: Current NPDES permit, permit application materials, and previous draft and/or final permit applications • 2010 topographic contours • List of significant industrial users and flow and load characteristics (existing and new) • Annual pretreatment report • Effluent data from December 2006 through May 2011 • Biotoxicity analysis and reports from December 2006 through May 2011 • Current biosolids and land application information • The City will provide one set of reconciled comments on the permit application within 15 working days of receiving the draft. Deliverables • Draft NPDES permit application in Word .doc format for City review • Final NPDES permit application in Word .doc format ready for submittal by the City TASK 700 - PARTICIPATE IN THE LOWER BOISE WATERSHED COUNCIL MEETINGS Objective Consultant attendance at the monthly Lower Boise Watershed Council meetings with City of Meridian staff to monitor the discussion and interact based on the outcome of Task 300. Approach The approach involves attending and actively participating in up to five monthly Lower Boise Watershed Council meetings and up to two special meetings that are called and of which the City of Meridian is invited to attend. Assumptions • Up to two (2) HDR staff will attend each meeting. • Consultant will determine issues that are relevant to Meridian. City Input • City of Meridian staff will notify Consultant of invitations to open and special meetings. Deliverables Notes via email regarding issues relevant to City of Meridian's NPDES permit. Page 7 of 11 L jVE IDiZ IAN, IDAHO ANTICIPATED TIME OF COMPLETION The project schedule for performing the work in this Task Order No. 10264 is as follows: Activity Targeted Dates Task 100 Project management September 30, 2011 Task 200 Background examination of water quality issues Phase 1 August 12, 2011 Phase 2 September 2, 2011 Task 300 Internal strategy workshops** Workshop #1 August 19, 2011* Workshop #2 September 16, 2011* Task 400 Meeting with EPA and DEQ** September 23, 2011* Task 500 Prepare comments on other municipalities' draft NPDES permits Based on EPA's comment period Task 600 Update NPDES Permit Application September 30, 2011 Task 700 Participate in the Lower Boise Watershed Council meetings September 30, 2011 *Targeted completion dates are proposed, but subject to change pending EPA and DEQ acceptance of meeting scheduling. COMPENSATION The Not -To -Exceed amount to complete all tasks listed in this Task Order No. 10264 is One Hundred Seven Thousand Nine Hundred Fifty dollars ($107,950.00). Costs will be billed for actual time services are rendered up to the Not -to -Exceed amount. No compensation will be paid over the Not -to -Exceed amount for the tasks listed above. Any additional work and associated compensation must have prior written approval by the City in the form of a Change Order. Page 8 of 11 �E IDIZ IANC onHo COMPENSATION SCHEDULE TASK DESCRIPTION COST 100 PROJECT MANAGEMENT $8,566.00 200 BACKGROUND EXAMINATION OF WATER QUALITY ISSUES $9,356.00 300 INTERNAL STRATEFY WORKSHOPS $24,890.00 400 MEETINGS WITH EPA AND DEQ $11,632.00 500 PREPARE COMMENTS ON OTHER MUNICIPALITIES' DRAFT NPDES PERMITS $25,263.00 600 NPDES PERMIT APPLICATION FOR SUBMITTAL $24,878.00 700 PARTICIPATE IN THE LOWER BOISE WATERSHED COUNCIL MEETINGS $3,413.00 TOTAL $107,998.00 HOURLY SCHEDULE BY TASK Listed below is a schedule of tasks by hour. The range includes the maximum number of hours anticipated for all tasks. The Not -To -Exceed Compensation Schedule above assumes the maximum number of hours required. Compensation will be paid for actual hours worked up to the Not -To -Exceed amount listed in the Compensation Schedule. Range of Hours Project Project Engineer Admin Sub - Principal Manager —0 --36 Total Task 100 Project management 0 - 2 30-36 6-- 1 30 --d--2 66-84 Task 200 Background examination 6-10 20-28 36 - 44 62-84 of water quality issues Task 300 Internal strategy 36-44 50-62 50-62 0-2 136-170 workshops Task 400 Meeting with EPA and 14-18 25-31 29-35 0-2 68-86 DEQ —0-2 Task 500 Prepare comments on 22-26 72 -88 77 - 95 171 - 211 other municipalities' draft NPDES permits Task 600 Update NPDES permit 20-26 36 - 44 125-155 0-2 181 -225 application Task 700 Participate in the Lower 0 - 2 18-22 9-11 0-2 27-37 Boise Watershed Council meetings Sub -Total 98 - 128 251 - 311 332 - 372 30 – 48 711 - 897 Page 9 of 11 7VEIDR IANC loon❑ KEY STAFF Key staff and roles for the Task Order No. 10264 include the following: • David Clark, Project Principal, will conduct strategy workshops and discussions, will conduct discussions with EPA and DEQ, and direct all tasks • David Keil, Engineer Principal, will provide consistency with City of Meridian's wastewater and reuse programs and client contacts • Michael Kasch, Project Manager, will provide support including necessary project management activities, compilation of supporting information including attendance at DEQ/LBWC meetings, and meeting preparations for David Clark • Haley Falconer, Engineer, will provide additional support for tasks as directed by Project Principal, Engineer Principal, or Project Manager. Page 10 of 11 �E IDIZ IAN�- IDAI{4 / CITY OF MERIDIAN BY��', �--�-4W TAMMY d ERD, MAYOR Dated: 2-1(0- Ddk` Attest: EM Approved as to Form BY: KEITH VATTS, PURCHASING MANAGER Dated: te - /- / / HDR ENGINEERING, INC. BY: Dated: 7' ("k DeDartmAt Appr4l By: TITLE: F_Ncitil2tneNC-- AAAA)AAAA Page 11 of 11 Meridian City Council Meeting DATE: Auqust 16, 2011 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Building Services: Award of Agreement for Automatic Temperature Control System to ClimaTech Corporation for the Not -To -Exceed Amount of $479,441.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 'SI AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES AUTOMATIC TEMPERATURE CONTROL SYSTEM PROJECT #1322B THIS AGREEMENT FOR INDEPENDENT CONTRACTOR RACTOR SERVICES is made this 9 day of August, 2011, and entered into by and between the City of Meridian, a municipal corporationorganized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue ' . y ,Meridian, Idaho 83642, and Clima- Tech Corporation, hereinafter referred to as "CONTRACTOR", whose business address is 875 W. McGregor Ct. Ste 180 Boise and whose Public ID 83705 c Works Contractor License # is C-10307. INTRODUCTION Whereas, the City has a need for services involving =pply and Installation of Automatic Tem erature Control S stem • and WHEREAS, the Contractor is special) trained competent y experienced and com p t to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained thearti • p es agree as follows. TERMS AND CONDITIONS 1. Scope of Work: 1.1 CONTRACTOR shall perform and furnish to the City ty upon execution of this Agreement and receipt of the City's written notice Y to proceed, all services and work, and comply in all respects, as specified in p the document titled "Scope of Work a copy of which is attached her ' hereto as Exhibit A and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written workr p oduct prepared or produced by the Contractor under this Agreement, including ng and without limitation electronic data files, are thero ert of the p p y Contractor; provided, however, the City shall have the right to reproduce, publish 9 p , p sh and use all such work, or any part thereof, in any manner and for an purposes y p p s whatsoever and to authorize others to do so. If an such work is copyrightable, y py ghtable, the Contractor may copyright the same, except that as to p any work which is copyrighted by the Contractor, the City reserves a royalty -free, non- exclusive, irrevocable rrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established b applicable y pp ble federal, state and city laws, ordinances, regulations and resolutions. ons. The Contractor represents and warrants that it willerform its work in accordance cordance with generally accepted industry standards and practices for the profession . p p ss�on or professions that are used in performance of this Agreement and that tare in effect at the time of performance of this Agreement. Except for g p o that representation and any representations made or contained in any proposal submitted by the Contractor and any reports oro inions prepared or p p p issued as part of the work performed by the Contractor under this Agreement, g ' Contractor makes no other warranties, ether express or implied, as art of s Agreement. p p . 1.4 Services and work provided by the Contractor at the City's request equest under this Agreement will be performed in a time) manner in accordance ance with a Schedule of Work, which the parties hereto shall agree to. The he Schedule of Work may be revised from time to time upon mutual p written consent of the parties. 2. Consideration 2.1 The Contractor shall be compensated on a LumpSum basis s as provided in Exhibit B "Payment Schedule" attached hereto and b reference mad Y e a part hereof for the Not -To -Exceed amount of $479,441.00. 2.2 The Contractor shall provide the City with a month) statement as the e work warrants, of fees earned and costs incurred for servicesrovided during g the billing period, which the City will pay within 30 days of receipt of a correct p invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Taxfrom an payment made b Ci to Contractor under the terms and condition. Y p Y y City s of . this A Agreement. Payment of all g Y taxes and other assessments on such sums is the sole responsibility of Contractor. p Y 2.3 Except as expressly provided in this Agreement, Contractor shall not be entitled to receive from the City any additional consideration compensation, salary, wages, or other type of remuneration for services rendered under this Agreement including, but not limited to, meals, lodging, g g, transportation, drawings, renderings or mockups. Specifically, Contractor Y shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, aid holidays or . p Y other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) May 31, 2012 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. 3.2 Should Contractor default in the performance of this Agreement or materially breach any of its provisions, City, at City's option, may terminate this Agreement by giving written notification to Contractor. 3.3 Should City fail to pay Contractor all or any part of the compensation set forth in Exhibit B of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED DAMAGES Upon receipt of a Notice to Proceed, the Contractor shall have until May 31, 2012 to complete the work as described herein. Contractor shall be liable to the City for any delay beyond this time period in the amount of five hundred dollars ($500.00) per calendar day. Such payment shall be construed to be liquidated damages by the Contractor in lieu of any claim or damage because of such delay and not be construed as a penalty. 3.4.A EXCEPTIONS: Delays caused by negligence of Owner or acts of God will not be assessed on the Contractor. Termination: If, through any cause, CONTRACTOR, its officers, employees, or agents Y fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONTRACTOR of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONTRACTOR may terminate this agreement at an time b Y Y giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of its liability to the CITY for damages. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONTRACTOR shall be acting as an independent contractor, and neither CONTRACTOR nor any officer, employee or agent of CONTRACTOR will be deemed an employee of CITY. Except as expressly provided in Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Contractor, its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent contractors and not as employees of the City. 4.3 Contractor shall determine the method, details and means of performing the work and services to be provided by Contractor under this Agreement. Contractor shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Contractor in fulfillment of this Agreement. If in the performance of this Agreement any third persons are employed by Contractor, such persons shall be entirely and exclusively under the direction and supervision and control of the Contractor. 5. Indemnification and Insurance: CONTRACTOR shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONTRACTOR, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONTRACTOR covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation ation costs and attorneys, fees, arising out of, resulting from, or in connection with the performance of this Agreement by the Contractor or Contractor's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to or tangible intangible property, including use of. CONTRACTOR shall g g provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONTRACTOR'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) gra p p days prior to the date Contractor begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, g CONTRACTOR shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent ent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 5.2 Any deductibles, self-insured retention, or named insureds must be declared in writing and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles, self-insured retentions or named insureds; or the Contractor shall provide a bond, cash or letter of credit guaranteeing payment of losses and related investigations, claim administration and defense expenses. 5.3 To the extent of the indemnity in this contract, Contractor's Insurance coverage shall be primary insurance regarding the City's elected officers, officials, employees and volunteers. Any insurance or self- insurance maintained by the City or the City's elected officers, officials, employees and volunteers shall be excess of the Contractor's insurance and shall not contribute with Contractor's insurance except as to the extent of City's negligence. 5.4 The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 5.5 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 5.6 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 6. Bonds: Payment and Performance Bonds are required on all Public Works Improvement Projects. 7. Warranty: Contractor must warrant parts and labor for one year. Notices: An and all notices required to be given by either of the parties 8 Y . . hereto unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Clima-Tech Corporation Attn: Jen Johnson 875 W. McGreggor Ct., Ste. 180 Boise, ID 83705 Ph. (208) 377-9755 Jeni(aclima-tech.com Idaho Public Works License #: C-10307 Eitherart change their address for the purpose of this paragraph p Y may bYg g ivin written notice of such change to the other in the manner herein provided. 9. AttorneyFees: Should any litigation be commenced between the parties hereto concerning ithis Agreement, the prevailing party shall be entitled, n addition to an other relief as may be granted, to court costs and reasonable Y attorneys' fees as determined by a Court of competent jurisdiction. This Y . provision shall be deemed to be a separate contract between the partes and shall survive any default, termination or forfeiture of this Agreement. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition andp rovision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, CONTRACTOR shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONTRACTOR'S records with respect to all matters covered by this Agreement. CONTRACTOR shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, CONTRACTOR shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments (Change Orders) which shall be executed with the same formalities as this Agreement. 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney's or the opportunity to seek such advice. contains the entire agreement 21. Entire Agreement: This Agreement of the. • I other agreements or understandings, oral parties and supersedes any and al g p of written, whether previous to the execution hereof or contemporaneous herewith. • order or precedence shall be the contract 22. Order of Precedence. The p . agreement, the Invitation for Bid document, then the winning bidders submitted bid document. 23. Applicable Law. This Agreement shall be governed by and construed and .enforced in .accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. Agreement shall not become effective or binding 24. Approval Required: This Ag. until approved by the City of Meridian. CITY OF MERIDIAN 1 BY: TAM e WEERD, MAYOR Dated: Attest: JAYC L H r�7 r CLIMA-TECH CORPORATION pe0000jo—en J nson Dated: 7//]/// Approved as to Content Sys KEITbI`WATTS, PYJRCSING MANAGER Dated: B-11-1 Approved as to Form CITY ATTORNEY Department Approval NAME: JOHN MCCORMICK TITLE: PW BUSINESS OPERATIONS KAAKinr,PQ Dated: 6-11-11 Exhibit A SCOPE OF WORK DDC SYSTEM SPECIFICATIONS Meridian City Hall Meridian, Idaho May 17, 2011 Tj g e e B "a n k Contents 14 OVERVIEW................................................................................................................................................ . 14 A. Statement of Intent............................................................................................................................ . 14 B. Specification Compliance.................................................................................................................. 14 C. Approved DDC Contractor and System............................................................................................ . 14 D. Warranty............................................................................................................................................ 14 E. Alternate 2 —Extended Warranty....................................................................................................... 14 SCOPEOF WORK...................................................................................................................... ............... 14 A. Control Hardware and Software......................................................................................................... Control 16 B. Control Wiring and Interface to Line Voltage ........................................................................ 16 C. Commissioning ."'.".."'."'.."'...'." D. Training and Technical Support............................................................................. 17 SUBMITTALS AND O&M MANUALS......................................................................................................... .. 17 A. Submittals........................................................................................................................................ 17 B. O&M Manuals.................................................................................................................................... 17 CONTRACTORCAPABILITY.................................................................................................................... PRODUCTCAPABILITY -HARDWARE....................................................................................................18 18 A. System Server................................................................................................................................... 18 B. Field Hardware................................................................................................................................... 18 C. Distributed Control............................................................................................................................. D. Ethernet Gateway Routers................................................................................................................19 19 E. Control Modules................................................................................................................................. 19 F. Temperature Sensors........................................................................................................................ 20 G. Valve and Damper Actuators............................................................................................................ 20 H. Dampers............................................................................................................................................ 20 I. Wire..................................................................................................................................................... PRODUCTCAPABILITY -SOFTWARE.................................................................................................... 20 20 A. BACnet Compatibility......................................................................................................................... 21 B. Multiple Operating Platforms.............................................................................................................. 21 C. Graphical Programming .."".."."".. D. Graphical Interface Software............................................................................................. 23 E. Software Graphic Programming Live User Interface......................................................................... 23 F. Facility Management And Energy Management Functions................................................................ 23 G. Demand Control................................................................................................................................ H. Demand Control -Alternate 1............................................................................................................23 I. Interactive Operations.........................................................................................................................23 J. Enterprise Integration.........................................................................................................................24 K. Alarms, Trends And Reports.............................................................................................................24 25 EXECUTION............................................................................................................................................... 25 A. General.............................................................................................................................................. 25 B. Wiring and Raceways........................................................................................................................ System C. Demolition of Existing Control ...............................................................................................25 D. Relocation of Underfloor VAV Boxes.................................................................................................26 26 SEQUENCESOF OPERATION................................................................................................................. 26 A. General (Common to All Equipment Sequences).............................................................................. B. Zone Sequences................................................................................................................................ 28 31 C. Variable Air Volume Air Handling Units............................................................................................. 36 D. Underfloor Pressurization Control (Air Highway Terminals).............................................................. E. Heating Water System.......................................................................................................................36 F. Chilled Water System........................................................................................................................38 G. Fan Coils FCU 2 — 5..........................................................................................................................40 H. Exhaust Fan Contol...........................................................................................................................40 I. Miscelleanous Monitoring Points.........................................................................................................41 41 J. Alternate 1 -Energy Metering....:........................................................................................................ a r) OVERVIEW A. Statement of Intent The system shall be an extension of the existing Automated Logic control system currently providing rovidin control of the server room systems. Interface for the new controls shall be integratedTM into City of Meridian existing WebCTRL frontend software. Thera hical user interface shall display real time values of all system g p operating conditions. Additionally, it shall include graphic displays of system p g programming, operating logic and logic flow. It shall be capable of displaying that logic flow with real time values of logical inputs and outputs. Graphical displays shall be consistent with those currently available for the server room equipment. The features of the system must be fully installed, configured and demonstrated in a manner that provides maximum benefit to the end user. Remote Access shall completed per the attached Remote Access Procedure on page 60 of this document. B. Specification Compliance These specifications are intended to provide a minimum capability for the DDC system. Manufacturers data sheets included in the submittals will be reviewed to verify significant nificant hardware and software system features. Key system features must be documented by manufacturer's data sheets in the submittals or by demonstration of an existing installation. C. Approved DDC Contractor and System DDC Control System shall be: Automated Logic WebCTRL by Clima-Tech Corporation or approved equal. Contractors wishing to provide pricing for this project shall submit request to Keith Watts City of Meridian Purchasing Manager not later than 14 working days prior to bid opening date. This is to allow for demonstration of their ability to interface p g with existing software. D. Warranty Warrant shall cover all new parts and labor furnished in the scope of this Y specification for a period of one year following completion of Functional Testing. E. Alternate 2 — Extended Warranty Warranty shall cover all new parts and labor furnished in the scope of this specification for a period of five years following completion of Functional Testing. SCOPE OF WORK A. Control Hardware and Software Automatic Temperature Control (ATC) Contractor shall be responsible to furnish Page 14 and install all control hardware and software necessary for complete DDC control system as specified. ATC contractor shall furnish all modules, temperature sensors, flow sensors humiditysensors, IAQ sensors, control valves, control valve actuators, dam damper actuators and any other items necessary fora dampers, p complete system q p sequence and se of operation, except where existing components can be re y newsystem. used b the stem. The ATC contractor is allowed to reuse existing compo, nents however verification of operation shall be included in a Log. Point Checkout Lo . Contractor will prepare a list of non-operational replacement ricin for City review prior to installation of components with p pricing replacement components. The Cit retains the option of obtaining alternate p Y pricing for these replacement components. 1. Specifically the ATC Contractor shall furnish the following: a. Individual unitary control modules for each unitary system: 1) Underfloor Fan CoilNAV Boxes w/Reheat 2) Underfloor VAV Boxes w/out Reheat 3) Overhead Fan Powered VAV Boxes w/Reheat b. Individual control modules for all non unitary air handlers or package units: 1) VAV Air Handling Units 2 Underfloor Pressurization Control Boxes w/Reheat (Control For Air Highways) c. Generalp urpose modules for control of central fan, pump, chiller, boiler or tower operation: 1) Hot Water Central Plant Operations 2) Chilled Water Central Plant Operations 3) General Make Up and Relief Control Dampers 4) Misc Exhaust Fan Controllers 5) Monitoring of Sewage Pumps 6) Monitoring of Emergency Generator Status 7) Monitoring of Run Status for Fresh Water Pumps 8) Monitoring of Glycol Make Up Alarm d. Required peripheral mechanical components to be furnished by ATC contractor: 1) Existing dampers and actuators for underfloor boxes are to be replaced under the scope of this project. Actuators shall be fully modulating. 2) Damper and valve actuators on primary air and water systems shall be assessed during installation and deficiencies shall be reported to the City of Meridian 3) Low pressure air highway extensions shall be added at five designated locations e. Required software integration to other digital control systems: f. Interface to variable frequency drives Page 15 g. Alternate 1 Energy Metering Installation of g digital as meter, electrical current transformers and control g connection wiring shall be priced under a separate proposal. All software programming required for energy metering and Dashboard are to be g g included within the scope of this Alternate. 1) Gas Metering 2) Electric Metering 3) EnergyVu Dashboard B. Control Wiring and Interface to Line Voltage Control ATC Contractor shall be responsible for control wiring to all control modules, sensors relays and actuators required to meet sequences of operation. ATC contractor shall provide mechanical control interface to boilers, chillers, pumps and fans for a complete and operational system. ATC Contractor shall provide all control conduit as required. C. Commissioning ATC Contractor shall be responsible for self -commissioning of all hardware and software furnished with the project. Completed field Point Checkout sheets shall be included with the final "as -built" O&M manuals. These sheets shall include validation check fields for all physical and LAN inputs and outputs. Each system and point shall be listed, using logical names for future reference by the owner. Commissioning shall include calibration and verification of operation of each 1/0 and graphic field. Contractor shallerform Functional Testing of software programming to verify p that the programs meet sequences of operation as submitted and approved. Functional Tests shall be documented for each unique program and for each individual sequence within that program. Functional Test verification sheets shall be included in final "As Built" documentation. D. Training and Technical Support Contractor shall provide access to a three-day training class in a classroom setting p for u to four employees of the City of Meridian. Training shall be oriented to making the owner self-sufficient in the day to day use and operation of the DDC system. Additionally the training shall include information specifically focused on showing the owners representative methods of p Y troubleshooting the mechanical systems using the DDC system. For this purpose, the trainer must be well grounded in both DDC system operation and in mechanical systems service. The contractor shall provide unlimited phone technical support to the owner's representative during the first year of warranty. If the technical support location p of the contractor is outside of the toll free calling area for the customer, the contractor shall have a toll free number or accept collect calls for the purpose of providing technical support. Page 16 ' ' required technical support and training Contractor shall make I n addition to q pp access to facto approved training classes. Classes shall be available acc factory pp .. , d multiple times during the first year to allow flexibility for Owner's schedule p g representative to attend. Tuition to these classes shall be included within the scope oft project. ect. If course locations are more than 200 miles from the '� project site, i cost of transportation, lodging and meals shall be included within p the scope of this project. SUBMITTALS AND O&M MANUALS A. Submittals 1. Submittals shall include the following sections: a. Shop Drawings with: b. Title Page c. Table of Contents d. Typical Device Wiring Drawings e. Summary Bill of Materials f. Sequences of Operation g. Local Area Network Drawings h. Drawings for all operating systems showing both equipment and module connections. i. Bill of Materials for each equipment drawing j. Manufacturers specification data sheets for all control modules, sensors, dampers, valves, actuators, flow switches, current sensors and transducers required in the project. If the contractor wishes to substitute any item after approval of submittal the shall submit appropriate data sheets for approval to the City of Y p Meridian before including substituted product on the project. B. O&M Manuals 1. O&M Manuals shall be furnished upon project completion and include technical instructions for all items originally included in the submittal with "as built" modifications and completed Commissioning Worksheets. 2. O&M Manuals shall be in a separate three ring binder. 3. Contractor's toll free technical support number or the words "Call Collect" with the contractor's regular phone number shall be on the front of the manual. CONTRACTOR CAPABILITY 1. Contractor service and installation technicians shall be technically proficient in both control systems and mechanical service without subcontracting to any other entity. Page 17 2. Contractor shall maintain toll-free technical support phone line or accept collect phone calls during warranty period. 3. Contractor shall provide service within 4 hours. PRODUCT CAPABILITY - HARDWARE A. System Server Software shall be installed on owner furnished server. Specifications for this server will be provided to the owner prior to installation. B. Field Hardware 1. BACnet Compatibility The system shall be fully native BACnet at the time of installation. The system shall use BACnet as the native communication protocol between distributed controllers communicating on the controller network (i.e. Field Bus) and must, as a minimum, support the following Objects and Application Services (Conformance Class 3): a. Objects 1) Binary Input 2) Binary Output 3) Binary Value 4) Analog Input 5) Analog Output 6) Analog Value 7) Calendar 8) Schedules b. Services 1) Readproperty 2) Writeproperty 3) I -Am 4) I -Have 5) ReadMultiple Property 6) WriteMultiple Property 7) Who -Has 8) Who -Is C. Distributed Control System shall observe the concept of distributed control. All modules shall have Page 18 "stand alone" capability and shall maintain operator setpoints without connection to primary controllers or central station equipment. Modules shall be located at each operating equipment location such that individual systems or zones shall remain functional without communication to other systems on the network. Equipment operating logic, schedules and current trends shall reside in control modules serving each system. Use of global modules required to maintain programming, schedules or current trend data are not acceptable. D. Ethernet Gateway/Router System shall include an Ethernet Gateway/Router between the control module network and owner's Ethernet. This gateway shall route BACnet communications between the control module network and the owner's IP network. If the system is not to be connected to customer Ethernet the gateway shall be capable of connection via a web browser on the local host server. E. Control Modules 1. Control modules shall include required inputs and outputs to meet sequence of operation and points list. 2. Digital outputs shall be dry contact relays and analog outputs shall be industry standard 0-5 vdc, 0-10 vdc, 2-10 vdc or 4-20 milli -amp. Triac digital outputs are not acceptable. 3. Modules shall be fully programmable for maximum system flexibility. Application specific controllers are not acceptable. 4. All schedules and current trends shall be maintained in the individual control modules. 5. The modules shall be capable of maintaining sufficient trend samples to report 24 hours of trend history in 5 minute increments for each input or output. 6. All modules shall have battery backup capable of maintaining all programs, setpoints, schedules and trend information for a minimum of 7 days. F. Temperature Sensors 1. Temperature sensors shall be 10 k ohm thermistor. 2. Zone sensors in primary occupied areas other than restrooms, hallways or storage rooms shall have setpoint adjustment to allow the occupants to raise or lower setpoint within operator defined parameters. 3. Additionally sensors in these primary areas shall have a push button to return the system to normal occupancy setpoints for an operator defined period. 4. Exception will be common areas. a. Zone sensors for auditoriums or other places of assembly, restrooms, hallways and storage areas, shall have a similar appearance to other sensors in the building however they will not have setpoint adjustment or override capabilities. 5. Immersion sensors shall be mounted in a blind well for future serviceability. 6. Averaging sensors shall be used in mixed air plenums. Page 19 G. Valve and Damper Actuators 1. Actuators shall be manufactured by Belimo. 2. Actuator torque shall be rated for required load. 3. Modulated actuator input shall be industry standard 0-10 vdc, 2-10 vdc, 4-20 milli -amp, floating motor (tri-state), or pulse width modulation. 4. Two or three position operation is not acceptable for economizers, VAV dampers, underfloor supply air dampers, multizone dampers, valves or any other application specifying modulated operation. H. Dampers 1. Air control zone dampers shall be Ruskin CD45 or equal and have leakage rates of 1 % or less when tested with AMCA Standard 500. I. Wire 1. All wiring not in raceways or control cabinets shall be rated for plenum installation. 2. All wires and cables shall meet the requirements of the National Electrical Code. PRODUCT CAPABILITY - SOFTWARE A. BACnet Compatibility 1. The system shall be fully native BACnet at the time of installation. This means that the system must use BACnet as the native communication protocol between distributed controllers communicating on the controller network (i.e. Field Bus) and must, as a minimum, support the following Objects and Application Services (Conformance Class 3): a. Objects 1) Binary Input 2) Binary Output 3) Binary Value 4) Analog Input 5) Analog Output 6) Analog Value 7) Calendar 8) Schedules b. Services 1) Readproperty 2) Writeproperty 3) I -Am Page 20 4) I -Have 5) ReadMultiple Property 6) WriteMultiple Property 7) Who -Has 8) Who -Is 2. Programming for the system shall use BACnet objects and services. a. All BACnet objects and services shall be opened for read and/or read/write access during programming for future exposure to other BACnet systems. b. The front end software for the system shall be able to query other third party BACnet points for read/write access. B. Multiple Operating Platforms The front end server software furnished as a part of the DDC system shall be capable of operating on multiple operating systems such as Microsoft Windows, Linux or Sun Solaris. C. Graphical Programming 1. The system shall be programmed using a graphical programming language for ease of operator understanding. 2. Operating sequences and logic flow shall be assembled in a schematic format using MicroBlocks representing inputs, outputs and logical functions such as setpoints, switches, limits, relays, PIDs etc. 3. Full simulation capability shall also be provided with the graphic programming. a. User shall be able to fully simulate the constructed sequence on screen before the sequences are downloaded into the controllers. b. The system shall also include the ability to simulate multiple graphic programs communicating with each other on a simulated network. 4. The programming software shall be furnished within this scope of work. D. Graphical Interface Software 1. Graphical Operator Interface a. The operator's interface software shall be graphical based and display in 256 colors at a minimum 1024x768 pixel resolution. b. Graphics display screens shall include a system level graphic of either a map of facilities or an elevation of the building, a graphic of each building floor plan and graphics for each operating system or unit within each building. C. Entry to the zone and equipment level interface graphics shall be through area maps and/or floor plans to facilitate user orientation. Page 21 d. Additionally the system hierarchy shall be displayed in a fashion similar to Windows Explorer to enable the user to navigate to any graphical screen in the system by expanding building levels or floor levels and selecting a particular zone or system. e. Graphics shall be accessed by using a mouse or other pointer device. f. The system shall provide a visual indication of which building, floor and zone the user is accessing at any time. g. System shall be capable of changing all parameters and schedules, as well as downloading operating software from the same Graphical User Interface software program as that used for viewing system operation. h. Software for creating or modifying graphics shall be furnished within this scope of work. 2. Thermal Graphics a. Thermal graphic floor plans shall display each temperature zone in a color appropriate to current space temperature conditions. b. The system shall display zone temperature conditions in 8 separate colors the following conditions: 1) High or low temperature alarm 2) Temperature at setpoint 3) Cooling call 4) Heating call 5) Temperature more than 20 above setpoint 6) Temperature more than 2° below setpoint 7) Unoccupied mode between setpoints 8) No communication. c. Floor plans shall also include color graphic indicators for non -zone specific mechanical equipment operation showing On/Off and Alarm Conditions. d. Status indication colors shall be updated dynamically as conditions change. 3. Mechanical Equipment Graphics a. Mechanical equipment pictorial graphics shall be displayed by the use of point -and -shoot selection using a mouse or other pointer device. b. Graphics shall be provided for all mechanical equipment and devices controlled by the DDC system. c. These graphics shall provide a current status of all 1/0 points being controlled and applicable to each piece of equipment including analog readouts in appropriate engineering units, i.e. damper position in percent or duct pressure in inches water column, at appropriate locations on the graphic representation. Page 22 E. Software Graphic Programming Live User Interface 1. The system shall be able to display the graphic displays of system programming, operating logic and logic- flow with real time conditions displayed at each input, output and logical function. 2. This display will allow the operator to observe each step of a control logic process and facilitate system troubleshooting. 3. Operator shall have the ability to select any MircoBlock in the graphical program to change parameters, including the ability to lock values. F. Facility Management And Energy Management Functions 1. Scheduling a. The DDC system shall have the ability to schedule each individual zone, each building or floor or the entire network of buildings for any user with a single entry. b. Additionally the operator shall have the capability of assembling groups of zones, buildings or floors for single entry programming, e.g. several offices may be grouped for scheduling of Saturday operations. c. Available schedule types shall include normal operation, unoccupied operation, setback override and holidays. d. For maximum flexibility, schedules shall reside in the local control modules. e. Dated schedules shall be self managing and automatically delete after execution. 2. Demand Control a. All operating zones shall include the capability_ of receiving up to 3 Demand Control Levels and initiating progressively greater setpoints offsets to reduce zone equipment demand and equipment demand from Source equipment systems. b. The system will be capable of rotating greater or lower demand levels every 10 minutes to alternate zones throughout the facility to minimize long term setpoint offset. 3. Demand Control - Alternate 1 a. Demand control shall be initiated if Alternate 1, Energy Metering, is accepted. G. Interactive Operations 1. The system shall have the ability to send run requests, heating requests and cooling requests from one module to another for the purpose of optimizing run operations of central plant equipment. 2. The system shall be capable of limiting operation of various equipment based on status of another point elsewhere in the system, e.g. a boiler loop circulating pump shall run only when requested by a zone requiring heating operation and will shut down during hours that zone demand is satisfied. 3. The system shall be capable of changing conditions within a program based on the status of other systems, e.g. VAV supply air setpoints shall be able of being adjusted based on demands of connected zones. Page 23 H. Enterprise Integration 1. The system shall include Enterprise Integration capability and be able to: a. Obtain web services information from other Enterprise servers for the purpose of optimizing system operation, e.g. obtaining NOAA Weather Service for optimizing Night Flush operation b. Provide web services information for the purpose of optimizing other building information systems, e.g. providing maintenance notifications to an Enterprise based facilities maintenance software. 2. The software to enable this interface shall be provided and fully operational within the scope of this project. I. Alarms, Trends And Reports 1. System and Temperature Alarms a. The system shall have the capability of monitoring conditions throughout the system and sending alarms or messages to an e-mail address, to a local PC or printer, to remote PC's and printers, or to dial-up pagers. b. Alarms and messages shall be able to be prioritized for various levels of reporting and action. c. Alarms shall have the ability of being enabled, or disabled to minimize nuisance alarming. d. The operator shall have the ability to customize alarm text and messages. 2. Trends a. The system shall be capable of trending any input or output, or any logical point within the graphic program. b. There shall be no limitation to the number of points that can be trended at any particular time. c. The interval between trend samples shall be adjustable from 1 second to 24 hours. d. Trends from one or more modules shall be able to be simultaneously displayed on a single trend graph. e. Operator shall be able to "window" any segment of a trend to enlarge the view by dragging a mouse to form the "window". f. The system shall also have the ability of automatically downloading trend information from any module to the server or other computer connected to the network for historical trend storage. 1) This historical trend information shall be able to be displayed on the trend graph along with live current trends in seamless fashion. g. Modules shall store in live memory trend samples points for each trended item. 1) Trend data collection reguiriDg the use of a locally connected PC for data storage is unacceptable. Page 24 3. Reports a. The system shall be capable of generating reports of equipment run times, all trended points, temperature conditions, electric demand and usage and alarms or messages. b. Specifically temperature and humidity trends for the Server Room shall be configured for easy retrieval by IT and facilities staff. 1) Alarms for the Server Room shall be coordinated with the City of Meridian Information Technology staff. c. The system shall also have the ability of automatically downloading report information from any module to the server or other computer connected to the network. d. The operator shall have the ability to create custom report and logging formats. EXECUTION A. General All work shall be performed in a workmanlike manner. Occupied areas are to be continually keep clean of debris. Unoccupied areas are to be cleaned following each work shift. B. Wiring and Raceways 1. Installation of wiring and cables shall be in accordance with requirements of the National Electrical Code. 2. All wiring in open areas at heights below 12 feet must be run in conduit. 3. Control wiring above accessible ceilings or floors areas may be run open using plenum. 4. Control wiring in non -accessible ceilings, walls or floors shall be in raceways. 5. All wiring not in raceways or control cabinets shall be rated for plenum installation. 6. Raceways and cables shall be supported as required by the National Electrical Code. 7. All raceways and cable runs shall follow the contours of the building structure. 8. Communication wiring shall be run in data cable tray whenever possible. 9. Wire in data cable trays shall be clearly identified as Temperature Control wire. C. Demolition of Existing Control System 1. The ATC contractor shall remove all unused control hardware and wiring. 2. The ATC contractor shall inform the City of Meridian of any places where removal or relocation of control hardware requires patching or painting of wall surfaces, e.g. relocation of zone sensors. 3. Patching and painting shall be the responsibility of the City of Meridian. Page 25 D. Relocation of Underfloor VAV Boxes The City of Meridian shall be responsible for relocation of underfloor VAV boxes from areas that have been identified as having excess air flow capabilities to areas that have been identified as having too little air flow capability. SEQUENCES OF OPERATION A. General (Common to All Equipment Sequences) 1. All numeric values in the Sequence of Operation shall be adjustable parameters that can be modified without program changes or re -downloading that would interrupt system operation. 2. All Input/Output (1/0) control modules shall have sufficient memory to maintain their own operating programs, schedules and trends without connection to the Local Area Network (LAN). 3. All 1/0 control modules shall be equipped with battery backup and shall retain programming, including time of day, upon loss of power. On return of power control functions shall return to normal operation based on scheduling and time of day with no operator interface. System shall include the capability to set delay on start parameters to start system at random intervals to prevent demand surges on restart. 4. On loss of power to the server only, the Energy Management Control System (EMCS) shall continue to run as normal. 5. The EMCS human interface software shall be a network service and shall automatically restart and connect to the system when power is restored. 6. Trends a. Trending shall be available for all BACnet input/output (1/0) points. b. System shall be capable of adding trending for any digital or analog value as well as any logical value in the graphical program, e.g. PID output trending. c. Trending shall be setup for all significant 1/0 points. 1) Analog values shall be set to log every 5 minutes and store 288 data points for live retrieval. 2) Binary points shall be set to trend on Change of Value (COV) and to store 100 COV trend samples for live retrieval. 3) Sample frequency and quantity of stored data shall be adjustable within the memory limits of each module. d. Trends shall be stored in module memory. e. Extended trending shall be available by archiving trends in server storage. 7. Schedules a. Occupancy schedules shall be initiated from the zone level. 1) Air handling units, chillers, boilers, pumps etc. whose operation is intended to provide air or water flow to zones shall function based on Run Requests, Cooling Requests or Page 26 Heating Requests from the zones they serve. This equipment shall not have separate scheduling capability. b. System shall be capable of setting individual schedules for all zones in a customer database, or for a campus, a single building or floor. c. Additionally system shall be capable of assembling multiple zones for single entry scheduling for specific functions, e.g. a Council Meetings Group could be used for single entry scheduling of all zone equipment required for the City Council Meetings etc., or a group of rooms used by a department that regularly requires scheduling during times when the building would be otherwise scheduled for unoccupied setback. d. The system shall be capable of setting specific equipment to ignore schedules for the rest of the building, e.g. Server Room equipment. e. System shall be capable of setting schedules for weekly reoccurring occupancy, dated weekly, date, date range, wildcard or continuous. f. The system shall be capable of scheduling for multiple years in advance. g. Timed Local Override (TLO) at the local zone sensor, where required, shall override unoccupied schedule, placing equipment in occupied operation for the programmed time period. 8. Unoccupied Operation a. Whenever system operation is required during unoccupied hours of operation, PID control of heating or cooling functions shall be bypassed and systems shall go to 100% operation until setpoint is satisfied. b. Capability shall be in the software to set an On/Off differential greater than occupied differential to reduce the frequency of unoccupied cycling, e.g. heating might be set to cycle on at 550 and remain on until 580 is reached. 9. Optimal Start a. The system shall have optimal start capability so that zone start time will be adjusted based on indoor and outdoor temperatures so as to achieve occupied temperatures at the scheduled occupancy time. b. Optimal start shall be based on zone heat capacitance. The capacitance value shall be adjustable for each zone in the program. c. System shall be capable of a learning adaptive feature allowing the zone control to automatically adjust the capacitance to optimize start times. d. Both optimal start and learning shall be able to be disabled. 10. Load to Source Control a. Central air handling equipment serving multiple zones shall operate based on Run Requests from connected zones. b. Central systems such as boilers, chillers and pumps shall operate based on Heating, Cooling or Run Requests from connected air handlers or zones as required. Page 27 c. Central systems shall have the capability of resetting Heating Water and Chilled Water temperature setpoints, resetting Supply Air temperature or pressure setpoints or Ventilation Air damper position based on the PID output of associated zones. 11. Night Purge (Flush) Operation a. 1/0 control modules programming shall include logic for Night Purge operation designed to pre -cool the facility during warm weather periods. Night Purge programming shall consist of a Global Broadcast to initiate three levels of purge at the zone level. Each zone shall be programmed to receive Night Purge level broadcasts and initiate logic as described below. 1) Each night the EMCS shall query the nearest National Weather Service webserver to obtain temperature forecast for the following day to provide Purge logic for initiation of Night Purge operation. 2) When forecast high is greater than 80°F, Purge Level III shall be broadcast to each zone. If the forecast is between 75°F and 80°F a Level II broadcast shall be sent and when forecast is between 70017and 75°F a Level I broadcast shall be sent. b. Zones shall have the capability to determine action taken for each level of night purge. This is described at the zone level. c. Central systems programmed logic shall include the capability of receiving Night Purge broadcast to initiate the appropriate response, e.g.central mechanical cooling equipment such as Chillers will be disabled during Night Purge operation. d. System shall include capability of deactivating Night Purge through the EMCS by time of year (month and day) or manually through DDC. 12. Alarming a. Programs shall include alarms for conditions as specified. Additionally programs shall include alarms for all 1/0 points. Only those alarms specified are to be initially enabled. b. The system shall have the ability for the operator to enable or disable all alarms without program change or memory download. c. All alarms shall be set with default messages. The system shall have the ability for the operator to create custom messages without program change or memory download. d. All alarms generated shall have the capability of setup for the following actions: 1) Alarm Popup 2) Print 3) Propagate To Server 4) Run External Program 5) Send Alphanumeric Page 6) Send E -Mail 7) Write to File B. Zone Sequences 1. General Zone Sequences (Common to All Zone Sequences) Page 28 a. Run Conditions 1) Zone shall have independent schedule capability. System shall have the ability to write scheduling from a global schedule input, from local schedule or from a group schedule. 2) Outside air temperature shall be available from a global broadcast for local control options. 3) Zone control programs shall include the ability to receive a global broadcast of three escalating demand levels. The program shall be capable of initiating zone setpoint offset in response to each demand level. Each zone shall have the ability of enabling demand response and to be directed to alternate demand broadcast sources. b. Zone Setpoint Control 1) Standard zone sensors, except those noted below, shall include setpoint adjustment and timed local override. Setpoint adjustment shall be by means of an adjustable slide lever and setback override shall be from a button located on the sensor. Program shall have the capability of canceling setback override by holding the momentary contact button down for 3 seconds. Default set point adjustment shall be plus or minus VF and timed override shall be 30 minutes per pulse with a maximum override of 180 minutes. Adjustment values and override times shall be individually programmable for each sensor. i. Zone sensors located in hallways and other common areas shall not include setpoint adjustment or local override options. ii. Sensors in restrooms shall have the appearance of a blank single gang electrical box cover with the thermistor mounted on the back side, inside the junction box. 2) Zones programs shall include the ability to program independent cooling and heating setpoints. Heating and cooling setpoint offsets from a common setpoint is not acceptable. 3) Zone set point control shall use a modified Zone PID algorithm to provide a smooth modulated variable for cooling and heating. 4) Zone control shall alarm on high or low zone temperature. Zone temperature alarms shall be disabled during Optimal Start, during first 30 minutes of scheduled occupancy or during setback override. 5) Supply air temperature (SAT) shall be monitored for all zones where local equipment has heating or cooling capability. Terminal Unit zones without heat and that use primary SAT for cooling or warmup do not require SA sensors. 6) Program shall have the capability of initiating an alarm or message when SAT differential from space or return air temperature exceeds preset values. c. Night Purge Mode 1) Night Purge setpoints shall be set by purge level from Global Night Purge Broadcast. Level 1 Night Purge cooling setpoint shall be 69°F. iv. Level 2 Night Purge cooling setpoint shall be 67°F. V. Level 3 Night Purge cooling setpoint shall be 65°F. Page 29 2) Night Purge heating setpoint shall be offset down by 5°F until scheduled occupancy. On initiation of occupancy, heating setpoint shall be reset up 1 OF every 20 minutes until occupied heating setpoint is reached. This is to prevent reheating a zone that has just night purged. 3) Night purge shall begin 5 hours before scheduled occupancy when: vi. A Night Purge Mode broadcast is received. vii. Zone temperature is 1 ° or more above night purge setpoint. viii. Outside air (OA) temperature is above 450 and more than 5° below zone temperature. 4) Night Purge Mode shall end one hour prior to scheduled occupancy. 2. General VAV Terminal Unit Sequence (Common to All VAV Zones) a. Programming for 1/0 control modules on central Air Handling Units (AHU) and associated Terminal Units (TU) shall include network 1/0 points for communication of AHU and Zone conditions. 1) The following network points shall be broadcast by each TU to the associated AHU for load to source optimization. ix. Occupied Run time X. Unoccupied Run time A. Zone Heating and Cooling PID Percent xii. Zone Damper Position xiii. Night Flush request xiv. CO2 level 2) The following network points shall be broadcast by each AHU to associated TUs for load to source optimization routines. xv. AHU Supply Air Temperature xvi. AHU Supply Static Pressure 3. Underfloor VAV Terminal Units (York Boxes w/Out Fans and HW Coil) a. Cooling Control 1) The supply air damper shall modulate, using Analog or Floating Motor (TriState) control, to maintain cooling setpoint except when the AHU supply air temperature exceeds zone temperature. 4. Underfloor Fan Powered Terminal Units (York Boxes w/Fans and HW Coil) a. Cooling Control 1) The supply air damper shall modulate, using Analog or Floating Motor (TriState) control, to maintain cooling setpoint except when the AHU supply air temperature exceeds zone temperature. b. Heating Control w/Heating Water Page 30 1) When zone heating PID reaches 10% the underfloor inlet dampers shall close completely and the supply fan shall start. 2) Heating water valve shall modulate from 0 to 100% as zone heating PID increases from 10 to 100% to maintain heating set point. 3) Heating shall be locked out when outside air temperature is above 65°F. 5. VAV Fan Powered Terminal Units (Basement VAV Boxes) a. Cooling Control 1) The supply air damper shall modulate, using Analog or Floating Motor (TriState) control, to maintain cooling set point except when the AHU supply air temperature exceeds zone temperature. b. Heating Control w/Heating Water (Not Included in Underfloor VAV Sequence) 1) When zone heating PID reaches 10% the underfloor inlet dampers shall close completely and the supply fan shall start. 2) Heating water valve shall modulate from 0 to 100% as zone heating PID increases from 10 to 100% to maintain heating set point. 3) Heating shall be locked out when outside air temperature is above 65°F. C. Variable Air Volume Air Handling Units 1. Run Conditions a. System shall operate based on requests from zones served by each AHU. b. Outside air temperature from a LAN broadcast is available for control options. c. Optimal start shall be based on optimal start requests from associated zones. Optimal stop shall end AHU operation 5 minutes before the last VAV box goes into setback. 2. Supply Fan Enable a. The supply fan shall be continuously enabled whenever any zone is operating in an occupied mode and shall cycle on zone demand for cooling to maintain unoccupied zone setpoints. b. If supply air flow from the AHU is required for unoccupied heating at the zones, the fan shall cycle on demand for zone heating to maintain unoccupied zone heating setpoints. c. During Night Purge operation fan shall run when requested for Night Purge cooling. d. Fan motor status shall be monitored. If supply fan has been commanded to run by the DDC system and the fan status is not indicated, the DDC system shall send an alarm to the operator workstation. 3. Return Fan Enable a. Return fan shall start whenever supply fan is enabled. If supply fans fails to prove status the return fan shall shut down. Page 31 b. Return fan motor status shall be monitored. If return fan has been commanded to run by the DDC system and the fan status is not indicated, the DDC system shall send an alarm to the operator workstation. 4. Supply Air Temperature Setpoint Reset a. Occupied Mode 1) Reset of SA temperature shall be based on cooling demand from VAV zones. a) The cooling PID value from each box shall be broadcast to this AHU controller. b) The PID value from the boxes with the highest cooling PIDs shall be used for reset. 2) Initial setpoint for supply air temperature shall be 75°F. 3) When any box has a cooling PID more than 10%, SA temperature shall be reset to 65°F. 4) When cooling PID for two or more zones reach 90%, SAT setpoint shall be reset down 1 OF every five minutes. Minimum supply setpoint shall be 55°F. 5) When the highest cooling PID drops to 50%, cooling demand shall be reset up 1 OF every five minutes until maximum PID stops decreasing at which point the setpoint shall remain at the last command until max cooling PID rises again to 90% or falls below 50%. 6) When OA ventilation causes SA to fall below cooling setpoint the heating setpoint shall be cooling setpoint minus 5°. 7) During morning warmup SA heating setpoint shall be 1200 . 8) The cooling PID value from the zones shall only be requested every 3 minutes to minimize narrow range hunting. b. Unoccupied Mode 1) Cooling and heating operation shall be disabled except when two or more zones are requesting operation to meet unoccupied conditioning setpoints. 2) When the AHU operation is required by two or more zones to maintain zone cooling unoccupied setpoint, cooling SA cooling setpoint shall be 550 . 3) When the AHU operation is required by two or more zones to maintain zone night purge, cooling SA setpoint shall be 500 . 4) When the AHU operation is required by two or more zones to maintain zone heating unoccupied setpoint, heating SA setpoint shall be 1200 . c. Morning Warm Up 1) Morning warm up mode shall start when two or more TUs request heating for optimized start. 2) Morning warm up setpoint shall be 1200 . 3) Morning warm up shall be disabled if any TU requests cooling from the AHU. 4) Morning warm up mode shall end when all zones PIDs drop to zero or occupancy time is reached by any zone. Page 32 5. Supply Air Static Pressure Setpoint Reset a. Initial supply air static pressure setpoint shall be 0.5" wc. b. Maximum pressure setpoint, P -max, shall be determined as follows: 1) Set all VAV boxes to maximum occupied cfm. 2) Starting at 0.5" we static pressure, adjust setpoint up until all boxes can maintain maximum occupied cfm. c. When P -max is initially determined the Supply Air flow CFM measured at the SA air flow station shall be noted and used on the system graphic to calculate % air flow during system operation. d. Static pressure setpoint shall be reset between 0.5"wc and P -max using trim and respond logic: 1) If any 2 VAV boxes are 100% open, increase the static pressure setpoint by 0.05" we every 5 minutes until only one VAV box is 100% open or until P -Max is met. 2) If there are no VAV boxes reporting 100% open, decrease the pressure setpoint by 0.05" we every 5 minutes until SA static pressure reaches .5"wc. If any box opens to 100% hold the current pressure until a second box opens to 100% or all boxes again are below 100% open. 6. Supply Air Static Pressure Control a. Supply air pressure shall be monitored in the SA duct at a location approximately 2/3 of the length of the longest run. b. Supply fan VFD (s) shall modulate fan speed to maintain supply static setpoint. c. Minimum fan speed shall be 20% (12 hz). 7. Building Static Control w/Return Fan and Relief Damper Control a. The building static pressure differential to OA pressure shall be monitored The OA reference input opening shall be shielded from the wind. b. Return Fan VFD shall modulate fan speed to maintain .05" we in the return/relief plenum. The location of the pressure sensor inlet shall be between the return fan outlet and the return air dampers. c. The relief dampers shall modulate to maintain building space static of.03" wc. d. If both return air and relief dampers are closed the return fan shall be shutdown 8. Cooling Control a. Economizer and chiller water valve control shall operate in a coordinated fashion from a single cooling PID to maintain supply air temperature setpoint (see setpoint reset above). b. When economizer cooling is available the system shall utilize OA cooling to the maximum extent possible. 9. Cooling Control w/Chilled Water Page 33 a. Mechanical Cooling shall be enabled when the following conditions exist: 1) Outside air temperature is less than 4°F below supply air cooling setpoint 2) Supply fan is commanded on and fan status is proven. 3) Night Flush is not enabled b. The Chilled Water Valve shall modulate based on cooling PID control as follows: 1) When economizer is enabled the Chilled water valve shall modulate from 0% to 100% as cooling PI D rises from 50% to 100%. 2) When economizer is disabled the Chilled water valve shall modulate from 0% to 100% as cooling PI D rises from 0% to 100%. c. A cooing request shall be sent to the chilled water system when cooling valve is greater than 10% open. 10. Economizer Control a. Economizer operation shall be enabled when OA temperature is more than 4° below return air temperature. b. When enabled OA dampers shall modulate from 0% to 100% and RA dampers shall modulate from 100% to 0% open on rise of cooling PI D from 0 to 50%. c. When OA temperature is below 550, a temperature sensor in the mixed air plenum shall limit OA/RA modulation to maintain MA temperature low limit of 550 . d. Economizer shall be disabled when outside air temperature is within 2°F of return air temperature. e. Supply air low limit shall close outside air dampers if SA falls below 42°F. f. OA dampers shall go to a fully closed and RA shall open to 100%.when: 1) Supply Fan Proof is off 2) Freeze stat trips 3) Supply air temperature falls below 420 for more than 5 minutes. 4) Mixed air temperature falls below 36°F for more than 5 minutes. g. Outside air dampers shall be closed and RA damper fully open during unoccupied periods of operation except when the supply fan is enabled to maintain night setback cooling at the zones, including night purge operation. 11. Minimum Outside Air Damper a. When the building is occupied a minimum outside air damper shall modulate to maintain minimum ventilation air, measured by an air flow station in the OA intake. b. The minimum OA damper shall be fully closed whenever the building is in an unoccupied mode, except when enabled to maintain unoccupied cooling setpoint or night flush cooling setpoint. During these unoccupied operations the minimum OA damper will modulate with the other OA dampers for SA setpoint control. Page 34 c. Min OA damper shall close if any other low limit or fan failure occurs as described in the Economizer section above. 12. Heating Control a. A heating water coil is provided to reheat OA ventilation air during low ambient operation, and to provide morning warmup assistance for internal VAV boxes without reheat. b. The Heating water valve shall modulate from 0 to 100% as the heating PID rises from 0 to 100% to maintain discharge air temperature set point. c. If SA safety low limit is reached or the freeze stat trips the HW valve shall open to a preset position sufficient to maintain heating water flow in the HW coil. The degree of opening is to be determined during Functional Testing d. A heating request shall be sent to the heating water system when heating valve is greater than 10% open. 13. Safeties a. Following safety control devices shall be wired into the fan starter coil circuit for shutdown of Supply and Return Fan/Relief Fan when an alarm condition occurs. b. These control devices shall include an auxiliary contact to be wired for building automation input. c. 1/0 controller shall also open binary relays for redundant termination of fan operation and shall send an alarm to the webserver. 1) Freeze Stat — Requires manual reset 2) High static pressure at supply fan discharge — Requires manual reset 3) Smoke and/or Fire Alarm — Reset from Fire System Safety d. The following software safeties shall be available to receive broadcasts from other control modules on the network. 1) Building Fire Alarm broadcast. 2) High duct static pressure at location of duct static pressure control input. e. The following safety control routines shall be included in software programs. 1) Supply air low limit alarm shall initiate if SA temperature remains below 420 for more than 5 minutes. xvii. SA and RA fans shall shutdown xviii. Outside air and relief air dampers shall close completely and return air dampers will full open. xix. HW valve shall open to a preset position sufficient to maintain Heating water flow in the HW coil. The degree of opening is to be determined during Functional Testing. xx. Requires software reset 2) High duct static alarm shall initiate whenever SA static at static control location exceeds 25% of setpoint pressure. Page 35 xxi. SA and RA fans shall shutdown xxii. Requires software reset f. A low duct static message shall be sent to the server whenever SA static at static control location drops below 75% of setpoint pressure. 14. Mail Room Emergency Evacuation Control a. Mail Room Exhaust Fan 1) A switch shall be located on the wall of the mailroom to initiate emergency mail room exhaust fan operation. 2) The switch shall be monitored by a dedicated 1/0 controller. a) When enabled a global point shall be broadcast to the south VAV Air Handling Unit. b) On activation the south VAV AHU shall close OA and Exhaust Air Dampers, open RA dampers and both SA and RA fans will be turned off. D. Underfloor Pressurization Control (Air Highway Terminals) 1. Variable Air Volume Control a. VAV terminals shall control air flow from the primary air plenums (air highways) into the underfloor pressurized plenum to maintain local pressure control. b. Underfloor pressure control terminal units shall be associated with local zone VAV boxes for underfloor pressure reset. c. Initial underfloor pressure setpoint shall be .03" wc. d. If the maximum cooling PID for associated zones falls below 50% the underfloor pressure setpoint shall be reset down by .005" we every 5 minutes until setpoint is reset to .01" wc. e. If any associated zone PID rises above 50% setpoint shall be reset up by .005" we until setpoint rises to .03" wc. 2. Underfloor Temperature Control a. When there are no associated zones calling for cooling and any associated zone heating PID rises to 10% a heating PID will be enabled to temper the underfloor plenum temperature. b. Initial setpoint shall be 620 and shall rise from 620 to 700 as maximum heating PID from associated zones rises from 10% to 90%. c. A heating water valve shall modulate to maintain underfloor heating setpoint. E. Heating Water System 1. Heating Water System Operation a. Heating Water System Enable/Disable Page 36 1) The heating PID from associated zones and/or Air Handling Units shall be monitored and the heating water sequence initiated when any associated equipment heatingPID reaches 10%. 2) Heating water system shall be disabled when OA is above 650 . b. Heating Water Temperature Reset 1) Heating water setpoint temperature shall be automatically reset based on heating requests from equipment that direct) use the heating Y g water from the associated boder (s). When enabled the initial setpoint shall be 100° 2) When the heating PID loop output from any associated zone reaches 90% the heating setpoint will increase 50 every 5 minutes until heating setpoint reaches maximum setpoint temperature of 1500, or until the highest heating PID falls to 50%. 3) When the maximum heating PID from associated equipment falls to 50% the heating water setpoint shall be reset down 50 every 5 minutes until maximum heating PID stops decreasing at which point the setpoint shall remain at the last command until the max heating PID either rises again to 90% or falls below 50%. 4) The heating demand shall be requested no less than every 3 minutes c. Unoccupied Mode 1) Heating water system shall be enabled if any associated heating PID rises above 90%. 2) If heating is requested during unoccupied hours the heating water setpoint shall be 150°. 3) If Heating Water Pumps run for freeze protection with no zone requesting heat, the HWT setpoint shall be 100°F. d. Heating water sequence shall end when all associated equipment PIDs fall to 0% 2. Heating Water Pumps (HWP) a. The lead heating water pump shall start when the Heating Water Sequence is initiated. b. Heating Water Pump Lead/Standby Operation: 1) The two Heating water pumps shall be redundant and shall operate in a lead/standby fashion. 2) On failure of the lead pump, the standby pump shall run and the lead pump shall turn off and alarm shall be sent to the webserver. 3) If on a subsequent call for lead pump operation the lead pump fails again it shall be locked out and a software reset required before it is allowed to operate again. 4) The designated lead pump shall rotate upon one of the following conditions (user selectable): a) Manually through a software switch b) If pump runtime has exceeded an initial value of 300 hrs c) Daily d) Weekly e) Monthly Page 37 3. Heating Water Pump Speed a. Heating water loop pressure differential shall be maintained at 30 psi by varying pump speed using a variable frequency drive. b. Loop pressure control will use PID logic. c. On an initial call for pump operation the pump will start at 50% (30 hz) and modulate to maintain setpoint. d. Pump speed shall not vary up or down more than 1 % every 4 seconds. e. When pumps are commanded to switch Lead Pump while pumps are running, the incoming lead pump shall ramp up while the outgoing pump ramps down to minimize disturbance on the loop. 4. Boiler Control a. The Boiler Management System shall be enabled when the Heating Water Sequence is initiated and status is proven on either HWP. b. An analog output from the ATC system shall reset the BMS setpoint based on setpoint per reset schedule (see above). 5. Night Purge a. Boilers and heating water pumps shall be disabled whenever a Night Purge level 2 or level 3 global broadcast is active. 6. Emergency Shut Down Switches a. Emergency shutdown switches (if provided) located at each exit of the mechanical room shall be wired to each boiler's primary control circuit to shut down the boilers when depressed. b. DDC system shall pick up a status point from the Emergency shutdown switches and provide redundant boiler shut down when depressed. 7. Alarms a. Alarms shall be provided as follows: 1) Boiler alarms as provided though Modbus by the boiler manufacturer: 2) High Heating water supply temperature. 3) Low Heating water supply temperature after system has been running for 30 minutes. 4) Lead Heating Water Pump: a) Failure: Commanded on, but the status is off. b) Running in Hand: Commanded off, but the status is on. c) Runtime Exceeded: Status runtime exceeds a user definable limit. F. Chilled Water System 1. Chilled water system operation Page 38 a. Chilled Water System Enable/Disable 1) The cooling PID from associated zones and/or Air Handling Units shall be monitored and the chilled water sequence initiated when any associated equipment cooling PID reaches 10%. 2) Chilled water system shall be disabled when OA is below 500 . b. Chilled Water Temperature Reset 1) Chiller Water temperature setpoint shall be automatically reset based on cooling requests from equipment that directly use the chilled water from the chilled water system. a) Initial setpoint shall be 650 b) When the cooling PID loop output from any associated zone reaches 90% the chilled water setpoint will decrease 2° every 5 minutes until the chilled water setpoint reaches minimum setpoint temperature of 500, or until the highest cooling PID falls to 50%. c) When the maximum cooling PID from associated equipment falls to 50% the chilled water setpoint shall be reset up 20 ever 5 minutes until maximum cooling PID stops decreasing at which point the setpoint shall remain at the last command until the max cooling PID either rises again to 90% or falls below 50%. 2) The requesting units cooling demand shall be requested not less than every 3 minutes c. During unoccupied mode: 1) Chilled water system shall be enabled when any associated equipment cooling PID exceeds 90%. 2) When enabled in unoccupied mode the chilled water setpoint shall be 50°F. d. Chilled water sequence shall end when all associated equipment PIDs fall to 0% 2. Chilled Water Pumps (CHWP) a. The lead chilled water pump shall start when the Chilled Water Sequence is initiated. b. Chilled Water Pump Lead/Standby Operation: 1) The two chilled water pumps shall be redundant and shall operate in a lead/standby fashion. 2) On failure of the lead pump, the standby pump shall run and the lead pump shall turn off and alarm shall be sent to the webserver. 3) If on a subsequent call for lead pump operation the lead pump fails again it shall be locked out and a software reset required before it is allowed to operate again. 4) The designated lead pump shall rotate upon one of the following conditions (user selectable): a) Manually through a software switch b) If pump runtime has exceeded an initial value of 300 hrs c) Daily Page 39 d) Weekly e) Monthly 3. Chilled Water Pump Speed a. Chilled water loop pressure differential shall be maintained at 30 psi by varying pump speed using a variable frequency drive. b. Loop pressure control will use PID logic. c. On an initial call for pump operation the pump will start at 50% (30 hz) and modulate to maintain setpoint. d. Pump speed shall not vary up or down more than 1 % every 4 seconds. e. When pumps are commanded to switch Lead Pump while pumps are running, the incoming lead pump shall ramp up while the outgoing pump ramps down to minimize disturbance on the loop. 4. Chiller Control a. The Chiller Management System (CMS) shall be enabled when the Chilled Water Sequence is initiated and status is proven on either CHWP. 5. Night Purge 6. Chillers and chilled water pumps shall be disabled during Night Purge operation. 7. Alarms a. Alarms shall be provided as follows: 1) Low chilled water supply temperature. 2) Low chilled water supply temperature after system has been running for 30 minutes. 3) Lead chilled Water Pump a) Failure: Commanded on, but the status is off. b) Running in Hand: Commanded off, but the status is on. c) Runtime Exceeded: Status runtime exceeds a user definable limit. G. Fan Coils FCU 2 — 5 1. Zone Temperature Monitors a. Zone sensors shall monitor temperature on zones served by FCU 2 through 5 and display those temperatures on a graphic screen. H. Exhaust Fan Contol 1. EF -2 - a. A binary output on the mechanical room 1/0 controller shall open the intake damper on EF - 2. Page 40 b. When the damper is 75% open EF 2 shall start. 2. EF -3 a. A binary output on a local zone 1/0 controller shall enable EF -3 during occupied hours. I. Miscelleanous Monitoring Points 1. Sewage Ejection Pumps a. High Level Alarm b. The high sump level alarm on the sewage sumps shall be monitored and an alarm broadcast to the EMCS server when high sump level is sensed. 2. Emergency Generator a. Emergency Generator shall be monitored and a notification sent to the EMCS server whenever the generator is started. b. Start time and run time duration shall be trended and this trend shall be maintained in the server database for future reference. 3. Fresh Water Pumps a. Fresh water pump status shall be monitored and displayed on the system front graphic. 4. Glycol Make Up Tank a. The level of the glycol make up tank shall be monitored and displayed on the system front graphic. J. Alternate 1 - Energy Metering 1. Electrical Metering a. Current transformers shall be installed at the primary electrical entrance to the facility. 2. The EMCS shall meter and display the following: a. Instantaneous electrical demand (kW) b. A rolling average of the previous 15 minute demand level (kW) c. Energy consumption (kWh) for: 1) The previous 24 hours 2) The previous 30 days 3) The previous 12 months 3. Natural Gas Metering a. The EMCS shall meter and display the following: 1) Instantaneous gas usage (cu. ft.) Page 41 2) Energy consumption (cu. ft.) for: a) The previous 24 hours b) The previous 30 days c) The previous 12 months 4. EnergyVu Dashboard a. An EnergyVu Dashboard shall display the energy meter information noted above on a graphical Dashboard with separate screens for electrical and natural gas. b. In addition to current and recent energy information the dashboard shall show comparable year energy information for a base year. Baseline information p y at on shall be at the discretion of the City of Meridian. c. In addition to energy information the dashboard shall also display weather conditions from the nearest NOAA Weather Station. Information to be displayed is: 1) Current temperature 2) Weather forecast for the next 5 days, including the current day. d. The EnergyVu Dashboard screen shall only be accessible using a discreet WebCTRL login. System access from this login shall be limited to display of the dashboard only. Y e. The EnergyVu Dashboard shall have the capabilities of display from the following" 1) Internet/Intranet Login 2) A scrolling display monitor 3) A touchscreen monitor f. Monitors are not required to be furnished within the scope of this project. Page 42 Meridian City Hall Direct Digital Controls sequence of operations General (Common to All Equipment Sequences)...................................................................................... 44 A. Adjustable Parameters............................................................... . CB. Power Loss to Control Modules......................................................................................................... 44 . Power Loss to Server........................................................................................................................ 44 D. Trends................................................................................................................................................ 44 E. Schedules.................................................................... F. Unoccupied Operation....................................................................................................................... 45 G. Optimal Start ............................................................................................................................... 45 H. Load to Source Control ....... ...................................................................................................................... 45 I. Night Purge (Flush) Operation............................................................................................................ 46 J. Alarming............................................................................................................................................. 46 ZoneSequences........................................................................................................................................ 46 A. General Zone Sequences (Common to All Zone Sequences)........................................................... 46 B. General VAV Terminal Unit Sequence (Common to All VAV Zones) ................................................ 48 C. Underfloor VAV Terminal Units (York Boxes w/Out Fans and HW Coil) ........................................... 48 D. Underfloor Fan Powered Terminal Units (York Boxes w/Fans and HW Coil) .................................. 49 E. VAV Fan Powered Terminal Units (Basement VAV Boxes).............................................................. 49 Variable Air Volume Air Handling Units...................................................................................................... 49 A. Run Conditions.................................................................................................................................. 49 B. Supply Fan Enable............................................................................................................................. 49 C. Return Fan Enable............................................................................................................................. 50 D. Supply Air Temperature Setpoint Reset............................................................................................ 50 E. Supply Air Static Pressure Setpoint Reset......................................................................................... 51 F. Supply Air Static Pressure Control..................................................................................................... 51 G. Building Static Control w/Return Fan and Relief Damper Control ..................................................... 51 H. Cooling Control.................................................................................................................................. 52 I. Cooling Control w/Chilled Water......................................................................................................... 52 J. Economizer Control............................................................................................................................ 52 K. Minimum Outside Air Damper............................................................................................................ 53 L. Heating Control.................................................................................................................................. 53 M. Safeties..................................................................................................................................... 53 A. Variable Air Volume Control Underfloor Pressurization Control (Air Highway Terminals)............................................................................... 54 ............................................................................54 ................................... B. Underfloor Temperature Control........................................................................................................ 55 HeatingWater System................................................................................................................................ 55 A. Heating Water System Operation...................................................................................................... 55 B. Heating Water Pumps (HWP)........................................................................................................... 55 C. Heating Water Pump Speed.............................................................................................................. 56 D. Boiler Control..................................................................................................................................... 56 E. Night Purge........................................................................................................................................ 56 F. Emergency Shut Down Switches....................................................................................................... 56 G. Alarms............................................................................................................................................... 57 ChilledWater System................................................................................................................................. 57 A. Chilled Water System ................................................. ... .................................................................... 57 B. Chilled Water Pumps (CHWP).......................................................................................................... 58 C. Chilled Water Pump Speed............................................................................................................... 58 D. Chiller Control.................................................................................................................................... 59 E. Night Purge........................................................................................................................................ 59 F. Alarms................................................................................................................................................ 59 Page 43 General (Common to All Equipment Sequences) A. Adjustable Parameters 1. All numeric values in the Sequence of Operation shall be adjustablearameters that can b ram changes or re -down p e modified without pro 9 g loading that would interrupt system operation. B. Stand Alone Controllers 1. All Input/Output (1/0) control modules shall have sufficient memory to maintain their own operating programs, schedules and trends without connection to the Local Area Network (LAN). C. Power Loss to Control Modules 1. All 1/0 control modules shall be equipped with battery backup and shall retain programming, including time of day, upon loss of power. On return of power control functions shall return to normal operation based on scheduling and time of day with no operator interface. System shall include the capability to set delay on start parameters to start system at random intervals to prevent demand surges on restart. D. Power Loss to Server 1. On loss of power to the server only, the Energy Management Control System (EMCS) shall continue to run as normal. 2. The EMCS human interface software shall be a network service and shall automatically restart and connect to the system when power is restored. E. Trends 1. Trending shall be available for all BACnet input/output (1/0) points. System shall be capable of adding trending for any digital or analog value as well as any logical value in the graphical program, e.g. PID output trending. 2. Trending shall be setup for all significant 1/0 points. Analog values shall be set to log every 5 minutes and store 288 data points for live retrieval. Binary points shall be set to trend on Change of Value (COV) and to store 100 COV trend samples live. Sample frequency and quantity of stored data shall be adjustable within the memory limits of each module. 3. Trends shall be stored in module memory. Extended trending shall be available by archiving trends in server storage. F. Schedules 1. Occupancy schedules shall be initiated from the zone level. Air handling units, chillers, boilers, pumps etc. whose operation is intended to provide air or water flow to zones shall function based on Run Requests, Cooling Requests or Heating Requests from the zones they serve. This equipment shall not have separate scheduling capability. 2. System shall be capable of setting individual schedules for all zones in a customer database, or for a campus, a single building or floor. Additionally system shall be capable of assembling page 44 of 61 multiple zones for single entry scheduling for specific functions. For example a Council Meetings Group could be used for single entry scheduling of all zone equipment required for the City Council Meetings etc. Another example would q p d be a group of rooms used by a department that regularly requires scheduling during times when the building would be otherwise scheduled for unoccupied setback. 3. The system shall be capable of setting specific equipment to ignore schedules for the rest of the building, e.g. Server Room equipment. 4. System shall be capable of setting schedules for weekly reoccurring occupancy, dated week) date, date range, wildcard or continuous. y' 5. The system shall be capable of scheduling for multiple years in advance. 6. Timed Local Override (TLO) at the local zone sensor, where required, shall override unoccupied schedule, placing equipment in occupied operation for the programmed time period. G. Unoccupied Operation 1. Whenever system operation is required during unoccupied hours of operation, PID control of heating or cooling function shall be bypassed and systems shall go to 100% operation until setpoint is satisfied. 2. Capability shall be in the software to set an On/Off differential greater than occupied differential to reduce the frequency of unoccupied cycling, e.g. heating might be set to cycle on at 550 and remain on until 580 is reached. H. Optimal Start 1. The system shall have optimal start capability so that zone start time will be adjusted based on indoor and outdoor temperatures so as to achieve occupied temperatures at the scheduled occupancy time. 2. Optimal start shall be based on zone heat capacitance. The capacitance value shall be adjustable for each zone in the program. 3. System shall be capable of a learning adaptive feature allowing the zone control to automatically adjust the capacitance to optimize start times. 4. Both optimal start and learning shall be able to be disabled. I. Load to Source Control 1. Central air handling equipment serving multiple zones shall operate based on Run Requests from connected zones. 2. Central systems such as boilers, chillers and pumps shall operate based on Heating, Cooling or Run Requests from connected air handlers or zones as required. 3. Central systems shall have the capability of resetting Heating Water and Chilled Water temperature setpoints, resetting Supply Air temperature or pressure setpoints or Ventilation Air damper position based on the PID output of associated zones. page 45 of 61 J. Night Purge (Flush) Operation 1. 1/0 control modules programming shall include logic for Night Purge operation designed to re - cool the facility during warm weather periods. Night Purge g pre- cool g u ge programming shall consist of a Global Broadcast to initiate three levels of purge at the zone level. Each zone shall be programmed to receive Night Purge level broadcasts and initiate logic as described below. 2. Each night the EMCS shall query the nearest National Weather Service webserver to obtain temperature forecast for the following day to provide Purge logic for initiation of Night e operation. When forecast high Pur is greater than 80°F Purge L g g 9 g Level III shall be broadcast to each zone. If the forecast is between 75°F and 80°F a Level II broadcast shall be sent and when forecast is between 70°Fand 75°F a Level I broadcast shall be sent. 3. Zones shall have the capability to determine action taken for each level of night purge. This is described at the zone level. 4. Central systems programmed logic shall include the capability of receiving Night Purge broadcast to initiate the appropriate response, e.g. Central mechanical cooling equipment such as Chillers will be disabled during Night Purge operation. 5. System shall include capability of deactivating Night Purge through the EMCS by time of year (month and day) or manually through DDC. K. Alarming 1. Programs shall include alarms for conditions as specified. Additionally programs shall include alarms for all 1/0 points. Only those alarms specified are to be initially enabled. 2. The system shall have the ability for the operator to enable or disable all alarms without program change or memory download. 3. All alarms shall be set with default messages. The system shall have the ability for the operator to create custom messages without program change or memory download. 4. All alarms generated shall have the capability of setup for the following actions: a. Alarm Popup b. Print c. Propagate To Server d. Run External Program e. Send Alphanumeric Page f. Send E -Mail g. Write to File Zone Sequences A. General Zone Sequences (Common to All Zone Sequences) page 46 of 61 1. Run Conditions a. Zone shall have independent schedule capability. System shall have the abilityto write scheduling from a global schedule input, from local schedule p edule or from a group schedule. b. Outside air temperature shall be available from a global broadcast for local control options. c. Zone control programs shall include the ability to receive a global broadcast of three escalating demand levels. The program shall be capable of initiating zone setpoint offset in response to each demand level. Each zone shall have the ability of enabling demand response and to be directed to alternate demand broadcast sources. 2. Zone Setpoint Control a. Standard zone sensors, except those noted below, shall include setpoint adjustment and timed local override. Setpoint adjustment shall be J p � by means of an adjustable slide lever and setback override shall be from a button located on the sensor. Program shall have the capability of canceling setback override by holding the momentary contact button down for 3 seconds. Default set point adjustment shall be plus or minus 1 OF and timed override shall be 30 minutes per pulse with a maximum override of 180 minutes. Adjustment values and override times shall be individually programmable for each sensor. b. Zone sensors located in hallways and other common areas shall not include setpoint adjustment or local override options. Sensors in r p p estrooms shall have the appearance of a blank single gang electrical box cover with the thermistor mounted on the back side, inside the function box. c. Zones programs shall include the ability to program independent cooling and heating setpoints. Heating and coolingsetpoint offsets from p a common setpoint is not acceptable. d. Zone set point control shall use a modified Zone PID algorithm to provide a smooth modulated variable for cooling and heating. e. Zone control shall alarm on high or low zone temperature. Zone temperature alarms shall be disabled during Optimal Start, during first 30 minutes of scheduled occupancy or during setback override. f. Supply air temperature (SAT) shall be monitored for all zones where local equipment has heating or cooling capability. Terminal Unit zones without heat and that use primary SAT for cooling or warmup do not require SA sensors. g. Program shall have the capability of initiating an alarm or message when SAT differential from space or return air temperature exceeds preset values. 3. Night Purge Mode a. Night Purge setpoints shall be set by purge level from Global Night Purge Broadcast. 1) Level 1 Night Purge cooling setpoint shall be 69°F. 2) Level 2 Night Purge cooling setpoint shall be 67°F. page 47 of 61 3) Level 3 Night Purge cooling setpoint shall be 65°F. b. Night Purge heating setpoint shall be offset down by 5°F until scheduled occupancy. On initiation of occupancy, heatingsetpoint shall be reset y p up 1°F every 20 minutes until occupied heating setpoint is reached. This is to prevent reheating a zone that has just night purged. c. Night purge shall begin 5 hours before scheduled occupancy when: 1) A Night Purge Mode broadcast is received. 2) Zone temperature is 1' or more above night purge setpoint. 3) Outside air (OA) temperature is above 450 and more than 50 below zone temperature. d. Night Purge Mode shall end one hour prior to scheduled occupancy. B. General VAV Terminal Unit Sequence (Common to All VAV Zones) 1. Programming for 1/0 control modules on central Air Handling Units (AHU) and associated Terminal Units (TU) shall include network 1/0 points for communication of AHU and Zone conditions. a. The following network points shall be broadcast by each TU to the associated AHU for load to source optimization. 1) Occupied Run time 2) Unoccupied Run time 3) Zone Heating and Cooling PID Percent 4) Zone Damper Position 5) Night Flush request 6) CO2 level b. The following network points shall be broadcast by each AHU to associated TUs for load to source optimization routines. 1) AHU Supply Air Temperature 2) AHU Supply Static Pressure C. Underfloor VAV Terminal Units (York Boxes w/Out Fans and HW Coil) 1. Cooling Control page 48 of 61 a. The supply air damper shall modulate, using Analog or Floating Motor (TriState) control, to maintain cooling setpoint except when the AHU supply air temperature exceeds zone temperature. D. Underfloor Fan Powered Terminal Units (York Boxes w/Fans and HW Coil) 1. Cooling Control a. The supply air damper shall modulate, using Analog or Floating Motor (TriState) control, to maintain cooling setpoint except when the AHU supply air temperature exceeds zone temperature. 2. Heating Control w/Heating Water a. When zone heating PID reaches 10% the underfloor inlet dampers shall close completely and the supply fan shall start. b. Heating water valve shall modulate from 0 to 100% as zone heating PID increases from 10 to 100% to maintain heating set point. Heating shall be locked out when outside air temperature is above 65°F. E. VAV Fan Powered Terminal Units (Basement VAV Boxes) 1. Cooling Control a. The supply air damper shall modulate, using Analog or Floating Motor (TriState) control, to maintain cooling set point except when the AHU supply air temperature exceeds zone temperature. 2. Heating Control w/Heating Water (Not Included in Underfloor VAV Sequence) a. When zone heating PID reaches 10% the underfloor inlet dampers shall close completely and the supply fan shall start. b. Heating water valve shall modulate from 0 to 100% as zone heating PID increases from 10 to 100% to maintain heating set point. Heating shall be locked out when outside air temperature is above 65°F. Variable Air Volume Air Handling Units A. Run Conditions 1. System shall operate based on requests from zones served by each AHU. 2. Outside air temperature from a LAN broadcast is available for control options. 3. Optimal start shall be based on optimal start requests from associated zones. Optimal stop shall end AHU operation 5 minutes before the last VAV box goes into setback. B. Supply Fan Enable 1. The supply fan shall be continuously enabled whenever any zone is operating in an occupied mode and shall cycle on zone demand for cooling to maintain unoccupied zone setpoints. page 49 of 61 2. If supply air flow from the AHU is required for unoccupied heating at the zones, the fan shall cycle on demand for zone heating to maintain unoccupied zone heating setpoints. 3. During Night Purge operation fan shall run when requested for Night Purge cooling. 4. Fan motor status shall be monitored. If supply fan has been commanded to run by the DDC system and the fan status is not indicated, the DDC system shall send an alarm to the operator workstation. C. Return Fan Enable 1. Return fan shall run whenever supply fan has proven status. 2. Return fan motor status shall be monitored. If return fan has been commanded to run by the DDC system and the fan status is not indicated, the DDC system shall send an alarm to the operator workstation. D. Supply Air Temperature Setpoint Reset 1. Occupied Mode a. Reset of SA temperature shall be based on cooling demand from VAV zones. The cooling PID value from each box shall be broadcast to this AHU controller. The PID value from the boxes with the highest cooling PIDs shall be used for reset. b. Initial setpoint for supply air temperature shall be 75°F. c. When any box has a cooling PID more than 10%, SA temperature shall be reset to 65°F. d. When cooling PID for two or more zones reach 100%, SAT setpoint shall be reset down 1°F every five minutes to a minimum of 55°F. e. When cooling PID for all zones drops to zero, cooling demand shall be reset up 1 OF every five minutes. Five minutes after cooling setpoint reaches 68°F, setpoint will be reset to 75°. f. When OA ventilation causes SA to fall below cooling setpoint the heating setpoint shall be cooling setpoint minus 50 . g. During morning warmup SA heating setpoint shall be 1200 . h. The cooling PID value from the zones shall only be requested every 3 minutes to minimize narrow range hunting. 2. Unoccupied Mode a. Cooling and heating operation shall be disabled except when two or more zones are requesting operation to meet unoccupied conditioning setpoints. b. When the AHU operation is required by two or more zones to maintain zone cooling unoccupied setpoint, cooling SA cooling setpoint shall be 55°. page 50 of 61 c. When the AHU operation is required by two or more zones to maintain zone night purge, cooling SA setpoint 500 . d. When the AHU operation is required by two or more zones to maintain zone heating unoccupied setpoint, heating SA setpoint shall be 1200 . E. Supply Air Static Pressure Setpoint Reset 1. Initial supply air static pressure setpoint shall be 0.5". 2. Maximum pressure setpoint, P -max, shall be determined as follows: a. Set all VAV boxes to maximum occupied cfm. b. Starting at 0.511wc static pressure, adjust setpoint up until all boxes can maintain maximum occupied cfm. 3. Static pressure setpoint shall be reset between 0.5"wc and P -max using trim and respond logic: a. If any 2 VAV boxes are 100% open, increase the static pressure setpoint by 0.05" every 5 minutes until only one VAV box is 100% open or until P -Max is met. b. If there are no VAV boxes reporting 100% open, decrease the pressure setpoint by 0.05" every 5 minutes until SA static pressure reaches .5"wc. If any box opens to 100% hold the current pressure until a second box opens to 100% or all boxes again are below 100% open. F. Supply Air Static Pressure Control 1. Supply air pressure shall be monitored in the SA duct at a location approximately 2/3 of the length of the longest run. 2. Supply fan VFD (s) shall modulate fan speed to maintain supply static setpoint. 3. Minimum fan speed shall be 20% (12 hz). 4. Fan status shall be monitored and shall alarm if fan is enabled by the control module and fan status is not verified. G. Building Static Control w/Return Fan and Relief Damper Control 1. Return Fan VFD shall modulate fan speed to maintain .05" we in the return/relief plenum. The location of the pressure sensor inlet shall be between the return fan outlet and the return air dampers. 2. The relief dampers shall modulate to maintain building space static of.03"wc. The building static pressure sensor shall be referenced to outside air static pressure. The OA reference input opening shall be shielded from the wind. 3. If both return air and relief dampers are closed the return fan shall be shutdown. page 51 of 61 H. Cooling Control 1. Economizer and chiller water valve control shall operate in a coordinated fashion from a single cooling PID to maintain supply air temperature setpoint (see setpoint reset above. 2. When economizer cooling is available the system shall utilize OA cooling to the maximum extent possible. I. Cooling Control w/Chilled Water 1. Mechanical Cooling shall be enabled when the following conditions exist: a. Outside air temperature is more than 2°F above supply air cooling setpoint b. Supply fan is commanded on and fan status is proven. c. Night Flush is not enabled 2. The Chilled Water Valve shall modulated based on PID control as follows: a. When economizer is enabled the Chill water valve shall modulate from 0% to 100% as cooling PID rises from 50% to 100%. b. When economizer is disabled the Chill water valve shall modulate from 0% to 100% as cooling PI D rises from 0% to 100%. 3. A cooing request shall be sent to the chilled water system when cooling valve is greater than 10% open. J. Economizer Control 1. Economizer operation shall be enabled when OA temperature is more than 40 below return air temperature. 2. When enabled economizer control shall modulate OA and RA to maintain SA cooling setpoint. 3. OA dampers shall modulate from 0% to 100% and RA dampers shall modulate from 100% to 0% open on rise of cooling PID from 0 to 50%. 4. When OA temperature is below 500, a temperature sensor in the mixed air plenum shall limit OA/RA modulation to maintain MA temperature low limit of 500 . 5. Economizer shall be disabled when outside air temperature is within 1'F of return air temperature. 6. Supply air low limit shall close outside air dampers if SA falls below 42°F. 7. Supply Fan Proof is off or freeze protection is active. 8. If mixed air temperature falls below 36°F for more than 5 minutes the OA dampers shall go to a fully closed and RA shall open to 100%. page 52 of 61 9. Outside air dampers and RA damper shall open to 100% during unoccupied periods of operation except when the supply fan is enabled to maintain night setback temperatures at the zones, or for night purge operation. K. Minimum Outside Air Damper 1. When the building is occupied a minimum outside air damper shall modulate to maintain minimum ventilation air, measured by an air flow station in the OA intake. 2. The minimum OA damper shall be fully closed whenever the building is in an unoccupied mode, except when enabled to maintain unoccupied cooling setpoint or night flush cooling setpoint. During these unoccupied operations the minimum OA damper will modulate with the other OA dampers for SA setpoint control. 3. If mixed air temperature falls below 50° and the OA dampers are fully closed the min OA damper shall modulate to maintain MA low limit of 50 4. Min OA damper shall close if any other low limit or fan failure occurs as described in the Economizer section above. L. Heating Control 1. A heating water coil is provided to reheat OA ventilation air to SA temperature setpoints when necessary, and to provide morning warmup assistance for internal VAV boxes without reheat. 2. The Heating water valve shall modulate from 0 to 100% as the heating PID rises from 0 to 100% to maintain discharge air temperature set point. 3. If SA safety low limit is reached or the freeze stat trips the HW valve shall open to a preset position sufficient to maintain Heating water flow in the HW coil. The degree of opening is to be determined during Functional Testing 4. A heating request shall be sent to the heating water system when Heating valve is greater than 10% open. M. Safeties 1. Following safety control devices shall be wired into the fan starter coil circuit for shutdown of Supply and Return Fan/Relief Fan when an alarm condition occurs. These control devices shall include an auxiliary contact to be wired for building automation input. DDC controller shall also open binary relays terminating fan operation and shall send an alarm to the webserver. a. Freeze Stat — Requires manual reset b. High static pressure at supply fan discharge — Requires manual reset c. Smoke and/or Fire Alarm — Reset from Fire System Safety 2. The following software safeties shall be available to receive broadcasts from other control modules on the network. a. Fire Alarm page 53 of 61 b. Building Fire Alarm broadcast. c. High duct static pressure at location of duct static pressure control input. 3. The following safety control routines shall be included in software programs. a. Supply air low limit alarm shall initiate if SA temperature remains below 420 for more than 5 minutes. 1) SA and RA fans shall shutdown 2) Outside air and relief air dampers shall close completely and return air dampers will full open. 3) HW valve shall open to a preset position sufficient to maintain Heating water flow in the HW coil. The degree of opening is to be determined during Functional Testing. 4) Requires software reset b. High duct static alarm shall initiate whenever SA static at static control location exceeds 25% of setpoint pressure. 1) SA and RA fans shall shutdown 2) Requires software reset c. Low duct static alarm shall initiate whenever SA static at static control location drop below 75% of setpoint pressure. 1) Alarm point only Underfloor Pressurization Control (Air Highway Terminals) A. Variable Air Volume Control 1. VAV terminals shall control air flow from the primary air plenums into the underfloor pressurized plenum to maintain local pressure control. 2. Underfloor pressure control terminal units shall be associated with local zone VAV boxes for underfloor pressure reset. 3. Initial underfloor pressure setpoint shall be .03" we 4. If the maximum cooling PID for associated zones falls below 50% the underfloor pressure setpoint shall be reset up by .005" we every 5 minutes until setpoint is reset to .01" wc. If any associated zone PID rises above 50% setpoint shall be reset up by .05" we until setpoint rises to .03" wc. page 54 of 61 B. Underfloor Temperature Control 1. When there are no associated zones calling for cooling and any associated zone heating PID rises to 10% a heating PID will be enabled to temper the underfloor plenum temperature. 2. Initial setpoint shall be 620 and shall rise from 620 to 700 as maximum heating PID from associated zones rises from 10% to 90%. Heating Water System A. Heating Water System Operation 1. Heating Water System Enable/Disable a. The heating PID from associated zones and/or Air Handling Units shall be monitored and the heating water sequence initiated when any associated equipment heating PID reaches 10%. b. Heating water system shall be disabled when OA is above 650 . 2. Heating Water Temperature Reset a. Heating water setpoint temperature shall be automatically reset based on heating requests from equipment that directly use the heating water from the associated boiler (s). Initial setpoint shall be 1000 b. When the heating PID loop output from any associated zone reaches 90% the heating water setpoint will increase 50 every 5 minutes until heating setpoint reaches maximum setpoint temperature of 1500, or until the highest heating PID falls to 50%. c. When the maximum heating PID from associated equipment falls to 50% the heating water setpoint shall be reset down 50 ever 5 minutes until maximum heating PID stops decreasing at which point the setpoint shall remain at the last command until the max heating PID either rises again to 90% or falls below 50%. d. The requesting units heating demand shall be requested no less than every 3 minutes 3. Heating water sequence shall end when all associated equipment PIDs fall to 0% 4. Unoccupied Mode a. If Heating Water Pumps run for freeze protection with no zone requesting heat, the HWT setpoint shall be 100°F. B. Heating Water Pumps (HWP) 1. The lead heating water pump shall start when the Heating Water Sequence is initiated. 2. Heating Water Pump Lead/Standby Operation: a. The two Heating water pumps shall be redundant and shall operate in a lead/standby fashion. page 55 of 61 b. On failure of the lead pump, the standby pump shall run and the lead pump shall turn off and alarm shall be sent to the webserver. c. If on a subsequent call for lead pump operation the lead pump fails again it shall be locked out and a software reset required before it is allowed to operate again. d. The designated lead pump shall rotate upon one of the following conditions (user selectable): 1) Manually through a software switch 2) If pump runtime has exceeded an initial value of 300 hrs 3) Daily 4) Weekly 5) Monthly C. Heating Water Pump Speed 1. Heating water loop pressure differential shall be maintained at 30 psi by varying pump speed using a variable frequency drive. 2. Loop pressure control will use PID logic. 3. On an initial call for pump operation the pump will start at 50% (30 hz) and modulate to maintain setpoint. 4. Pump speed shall not vary up or down more than 1 % every 4 seconds. 5. When pumps are commanded to switch Lead Pump while pumps are running, the incoming lead pump shall ramp up while the outgoing pump ramps down to minimize disturbance on the loop. D. Boiler Control 1. The Boiler Management System shall be enabled when the Heating Water Sequence is initiated and status is proven on either HWP. 2. An analog output from the ATC system shall reset the BMS setpoint based on setpoint per reset schedule (see above). E. Night Purge 1. Boilers and heating water pumps shall be disabled following a morning purge level 2 or 3. F. Emergency Shut Down Switches 1. Emergency shutdown switches (if provided) located at each exit of the mechanical room shall be wired to each boiler's primary control circuit to shut down the boilers when depressed. page 56 of 61 2. DDC system shall pick up a status point from the Emergency shutdown switches and provide redundant boiler shut down when depressed. G. Alarms 1. Alarms shall be provided as follows: a. Boiler alarms as provided though Modbus by the boiler manufacturer in addition to: 1) High Heating water supply temperature. 2) Low Heating water supply temperature after system has been running for 30 minutes. b. Heating Water Pump 1 1) Failure: Commanded on, but the status is off. 2) Running in Hand: Commanded off, but the status is on. 3) Runtime Exceeded: Status runtime exceeds a user definable limit. c. Heating Water Pump 2 1) Failure: Commanded on, but the status is off. 2) Running in Hand: Commanded off, but the status is on. 3) Runtime Exceeded: Status runtime exceeds a user definable limit. Chilled Water System A. Chilled Water System 1. Chilled Water System Enable/Disable a. The cooling PID from associated zones and/or Air Handling Units shall be monitored and the chilled water sequence initiated when any associated equipment Chilled PID reaches 10%. b. Chilled water system shall be disabled when OA is below 50°. 2. Chilled Water Temperature Reset a. Chilled water setpoint temperature shall be automatically reset based on cooling requests from equipment that directly use the chilled water from the chilled water system. Initial setpoint shall be 650 b. When the cooling PID loop output from any associated zone reaches 90% the chilled water setpoint will decrease 2° every 5 minutes until the chilled water setpoint reaches minimum setpoint temperature of 50°, or until the highest cooling PID falls to 50%. page 57 of 61 c. When the maximum cooling PID from associated equipment falls to 50% the chilled water setpoint shall be reset up 20 ever 5 minutes until maximum cooling PID stops decreasing at which point the setpoint shall remain at the last command until the max cooling PID either rises again to 90% or falls below 50%. d. The requesting units cooling demand shall be requested no less than every 3 minutes 3. Chilled water sequence shall end when all associated equipment PIDs fall to 0% 4. Unoccupied Mode a. The chilled water pumps shall be enabled when the zone cooling PID for any zone rises to 90%. b. When enabled in unoccupied mode the chilled water setpoint shall be 50°F. B. Chilled Water Pumps (CHWP) 1. The lead chilled water pump shall start when the Chilled Water Sequence is initiated. 2. Chilled Water Pump Lead/Standby Operation: a. The two chilled water pumps shall be redundant and shall operate in a lead/standby fashion. b. On failure of the lead pump, the standby pump shall run and the lead pump shall turn off and alarm shall be sent to the webserver. c. If on a subsequent call for lead pump operation the lead pump fails again it shall be locked out and a software reset required before it is allowed to operate again. d. The designated lead pump shall rotate upon one of the following conditions (user selectable): 1) Manually through a software switch 2) If pump runtime has exceeded an initial value of 300 hrs 3) Daily 4) Weekly 5) Monthly C. Chilled Water Pump Speed 1. Chilled water loop pressure differential shall be maintained at 30 psi by varying pump speed using a variable frequency drive. 2. Loop pressure control will use PID logic. page 58 of 61 3. On an initial call for pump operation the pump will start at 50% (30 hz) and modulate to maintain setpoint. 4. Pump speed shall not vary up or down more than 1 % every 4 seconds. 5. When pumps are commanded to switch Lead Pump while pumps are running, the incoming lead pump shall ramp up while the outgoing pump ramps down to minimize disturbance on the loop. D. Chiller Control 1. The Chiller Management System shall be enabled when the Chilled Water Sequence is initiated and status is proven on either CHWP. 2. An analog output from the ATC system shall reset the BMS setpoint based on setpoint per reset schedule (see above). E. Night Purge 1. Chillers and chilled water pumps shall be disabled during Night Purge operation. F. Alarms 1. Alarms shall be provided as follows: a. Low chilled water supply temperature. b. Low chilled water supply temperature after system has been running for 30 minutes. c. Chilled Water Pump 1 1) Failure: Commanded on, but the status is off. 2) Running in Hand: Commanded off, but the status is on. 3) Runtime Exceeded: Status runtime exceeds a user definable limit. d. Chilled Water Pump 2 1) Failure: Commanded on, but the status is off. 2) Running in Hand: Commanded off, but the status is on. 3) Runtime Exceeded: Status runtime exceeds a user definable limit. page 59 of 61 Clima-Tech Remote Access to WebCTRL Objectives • Remote access using two factor authentication to the WebCTRL web interface using http and the City's SSL VPN. • Accessible from any secure internet connection, including the City's public wireless at City Hall. (Computers infected with malicious software may be blocked) • Clima-Tech will be able to use this remote access method for the initial configuration and for remote support/maintenance over the life of the contract. Out of Scope • Remote access to the WebCTRL server via RDP or any other protocols. • Remote access to the WebCTRL databases. • Remote access to any other City systems or infrastructure maintained by IT. • Access to log into City computers with the user accounts provided. Methods and Tools Used • Two factor authentication with user account/password combination and an RSA SecurelD token (fob). • RSA SecurelD token (software or hardware) will provided by the City. Public Works will cover the cost of the RSA SecurelD token. • The City's SSL VPN will be utilized to provide a secure and encrypted medium for this access. • The City will provide user accounts and passwords to Clima-Tech to access the SSL VPN. Caveats • The CIO or IT director must approve this solution before IT can move forward. They must also approve moving forward with software tokens in place of hardware tokens. o Dave will discuss this with Terry on or before 8/3/11. o If Terry is not available by the end of the day on 8/3/11, Dave will proceed with getting approval through Bill Nary. • Access to the WebCTRL system over the SSL VPN needs to be tested. (IT will collaborate with Eric to do this testing once the remote access method has been configured.) • Configuration and testing will not take place until the proposed solution has been approved. • If software tokens are not available due to the approval process, costs, or other issues, hardware tokens will be utilized. Notes • RSA does not support the two factor authentication on tomcat. This leaves us with the SSL VPN as the only option to provide two factor authentication to the system. There is little to no risk to other City systems/infrastructure using this method. • There is minimal risk to the WebCTRL system using this method. (Password + RSA token would need to be compromised) FYI - Overview of Logon Process • Open web browser and navigate to the City's SSL VPN web site • Enter username and password • Enter RSA token pin • New web browser window opens, directed to the WebCTRL logon screen The SSL VPN window must remain open to use the WebCTRL system page 60 of 61 Exhibit B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $479,441.00 to furnish and install an Automated Logic Corporation Automatic Temperature Control System per the attached DDC System Specifications (Exhibit A). Total amount includes Payment and Performance Bonds in the amount of 100% of Contract Total. TASK DESCRIPTION DATE AMOUNT Supply and Installation of Automated Logic Corporation Direct Digital Control System per Exhibit A A. Initialization &Materials Delivered and Stored $215,241.00 B. Software Engineering $6,600.00 C. Installation $248,100.00 D. Download &Commissioning $4,700.00 E. Project Closeout and O&M Manuals $4,800.00 TOTAL $479,441.00 Travel expenses, if any listed above, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. page 61 of 61 Meridian City Council Meeting DATE: August 16, 2011 ITEM NUMBER: 8D ITEM TITLE: Legal Department: Taxicab Mobile Sales Unit License Ordinance Discussion MEETING NOTES 1,\ Qb vt Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS 3-4-2A: TAXICAB MOBILE SALES UNIT LICENSE: A. DEFINITIONS: The following terms as used in this chapter mean: APPLICANT: A person making an application for a taxicab mobile sales unit license, or the renewal thereof: 1. To own or lease and maintain a taxicab, or 2. To operate or drive a taxicab. DRIVER: Any person who drives or who is in actual physical control of any vehicle used as a taxicab qualified to transport passengers. FARE: Money or other value given in exchange for transporting a person or passenger pursuant to a taxicab mobile sales unit license. The fare may be fixed or based upon a rate card that is relied upon for trip fee basis. Fare discounts may be applied to the calculated fare as pre -arranged by the taxicab driver and their customer, which can result in a charge lower than the calculated fare, but, never higher. LICENSEE: A person having a taxicab mobile sales unit license in full force and effect issued hereunder for: 1. Owning or leasing and maintaining a taxicab, or 2. Operating and driving a taxicab. PERSON: Any person, firm, partnership, association, corporation, company or any organization of any kind. RATE CARD: A card or display in each taxicab which contains the rate of the fare then in force. TAXICAB: Any motor propelled vehicle used for transporting persons for compensation upon thoroughfares of the city between points and over such routes as may be directed by a passenger and not on a fixed route, including but not limited to taxicabs with or without taximeters and vehicles for hire including, but not limited to, limousines, luxury town cars, "party buses," and stretch sport utility vehicles, excluding such motor transportation commonly known as, vans transporting children, buses, and shuttles, that operate between fixed termini or routes. TAXIMETER: A meter instrument or device attached to a taxicab which measures mechanically or electronically, the distance driven and the waiting time upon which the fare is based. B. TAXICABS COMING INTO CITY: Nothing in this Chapter shall be construed to prohibit any public passenger vehicle from coming into the city to discharge passengers accepted for transportation outside the city. However, it shall be unlawful for any taxicab not licensed by the city to come into the city to pick up a passenger unless that passenger is to return to that community in which the taxicab is licensed, and then only when such transportation has been arranged for in advance either by writing or by telephone. While said vehicle is in the city, no rooflight or other means of soliciting business shall be used to indicate that the vehicle is vacant or subject to hire. No person shall be solicited or accepted in said vehicle for transportation from any place within the city unless prearranged as indicated above. C. LICENSE AND/OR PERMIT REQUIREMENTS: It shall be unlawful for any person to operate, allow the operation of, or act as a taxicab mobile sales unit without each and all of the following licenses, permits, and/or certifications: 1. Any and all licenses, permits, and/or certifications required by local, state or federal law. 2. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho transportation department. 3. Any and all applicable licenses, permits, inspections, and/or certifications from the Idaho tax commission. 4. Any and all licenses, permits, and/or certifications required by the Central District health department. 5. Any and all licenses, permits, and/or certifications required by the Meridian unified development code. 6. A city of Meridian taxicab mobile sales unit license. a. Application for a city of Meridian taxicab mobile sales unit license shall be made to the city clerk, and shall include the following: (1) A completed application form provided by the city clerk, which form shall include: (A) Applicant's name, physical address, mailing address, Idaho driver's license number, social security number, and telephone number of the applicant, and if a partnership, the business name of the partnership, phone number, and mailing address of the partnership, and the names and address of each partner, and if a corporation or association, the business name of the corporation, phone number, and mailing address of the corporation, and the names and addresses of the principal stockholders, the name of the operating manager, and other information as may be required. 2 (B) A description of the goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered under the taxicab mobile sales unit license. (C) A description of the form of conveyance or transport to be used in the taxicab mobile sales unit's operation, traveling, and/or conduct of sales, trades, giveaways, offers, displays, and/or deliveries. (D) A description of any and all motor vehicles to be used by the taxicab mobile sales unit, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (E) A description of the hours, locations, and means at and by which the taxicab mobile sales unit will operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries. (F) A comprehensive listing of any infraction, misdemeanor and/or felony convictions; probation violations; or forfeitures of bail by or of the applicant. (G) An agent upon whom service of process may be made in the state of Idaho. (H) A list of any and all current license(s) and their expiration date(s) that have been issued to the applicant by another municipality to own, lease, operate, and maintain a taxicab, and/or operate and drive a taxicab. (2) Application fee as established by city council and set forth in the fee schedule of the city cleric's office, except that no application fee shall apply where applicant is or represents: (A) A nonprofit organization exempt from federal income tax under 26 USC section 501(c); or (B) A governmental entity. (3) Two (2) photographs of the applicant. Such photographs shall be two inches by two inches (2" x 2") and shall show the head and shoulders of the applicant in a clear and distinguishable mamler. (4) A color copy of the applicant's driver's current state of Idaho driver's license. (5) Fingerprints, taken by the Idaho state police, of the applicant. (6) Proof of motor vehicle registration for all vehicles to be driven by the applicant or employees of the applicant under the taxicab mobile sales unit license. (7) Proof of motor vehicle insurance, for all vehicles to be driven by the applicant or employees of the applicant under the taxicab mobile sales unit license. (8) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the taxicab mobile sales unit license. Such insurance shall name the city as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the city. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and one hundred thousand dollars ($100,000.00) per occurrence property damage. (9) In the event a business entity, partnership, corporation, or any organization or association of any kind submits an application for a taxicab mobile sales unit license, each of the documents required to be submitted shall be submitted to the city clerk for each and every person owning an interest in said business entity, either directly or indirectly, before said application shall be deemed complete. b. Upon receipt of all application materials required by this subsection, the city clerk shall refer the application to the chief of police or his designee, who shall cause an investigation to determine the validity and completeness of the information therein. The chief of police or his designee shall endorse upon the application the findings of the investigation and return it to the city clerk. c. Upon receipt of the findings of the chief of police or his designee, but no later than twenty one (2 1) calendar days from the date of submission of the completed application and all application materials required by this subsection, the city clerk shall either issue a city of Meridian taxicab mobile sales unit license to the applicant or deny the application. Where the city clerk denies an application for a city of Meridian taxicab mobile sales unit license, he shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this subsection. Written notice of the denial shall be sent via U.S. mail to the applicant at the address set forth on the application. d. The city clerk shall deny an application for a taxicab mobile sales unit license where: 0 (1) The application is incomplete or required application materials or fees have not been submitted; (2) Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; (3) The applicant is under the age of eighteen (18) years at the time of filing the application; (4) The applicant is not the bona fide owner or lessee of the taxicab(s) to be licensed or an employee of the bona fide owner or lessee of the taxicab(s) to be licensed; (5) The applicant has had a taxicab license revolted by this City or another licensing public entity within the preceding five (5) years; (6) The applicant has, at the time of application, an outstanding warrant; (7) The applicant has been, within five (5) years prior to the date of malting application for such license, convicted of, paid any fine, been placed on probation, received a deferred sentence, received a withheld judgment, completed any sentence of confinement, or suffered the forfeiture of a bond for any felony; (8) The applicant has been convicted of: (A) A violation of any provision of this section within the five (5) years preceding the date of submission of the application, (B) Reckless driving, eluding a police officer, racing, and/or a second failure to carry insurance within the five (5) years preceding the date of submission of the application; (C) A misdemeanor charge of driving under the influence of alcohol or drugs within the five (5) years preceding the date of submission of the application, or a felony charge of driving under the influence of alcohol or drugs within the ten (10) years preceding the date of submission of the application; (D) Any misdemeanor charge involving theft or fraud within the five (5) years preceding the date of submission of the application, or any felony charge of theft or fraud within the fifteen (15) years preceding the date of submission of the application. (E) A misdemeanor charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the five (5) years preceding the date of submission of the application, or a felony charge of battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order within the ten (10) years preceding the date of submission of the application. (F) Any crime involving, or related to, firearms or other weapons. (G) Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons. (H) Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity. (I) Any crime involving, or related to, drugs or illicit substances. (9) The applicant is or at any time has been required by any law or legal order to register as a sex offender. (10) Satisfactory proof is submitted that such applicant operates motor vehicles in an unskilled, dangerous or reckless manner, or habitually uses intoxicating liquor or drugs, or who repeatedly violates the laws relating to traffic or to this chapter. e. A taxicab mobile sales unit license shall not be issued to a person who, at the time of application for renewal of a license issued hereunder would not be eligible or qualified for such license. The licensee roust continue to meet all the qualification and eligibility requirements of 3-4-2A throughout the license period or the license will be subject to suspension or revocation. f. The applicant must maintain a telephone number which is accessible during the hours the taxicab is in operation, and their telephone number must be on file with the city clerk's office. The telephone number may be connected to an answering or dispatch service. g. Every taxicab licensee shall notify the city clerk's office of the voluntary or involuntary cancellation of any certificate of insurance on licensed taxicabs within one business day of cancellation notice. In addition to other prescribed penalties for violations of this Chapter, failure to notify the city clerk's office of the cancellation shall be grounds for revocation or suspension of the taxicab mobile sales unit license. It. The applicant or licensee shall submit a distinctive and uniform color scheme with accompanying color photograph to the city clerk's office for approval with their application for a taxicab mobile sales unit license. The color scheme shall not conflict with or imitate another taxicab service color scheme, monogram, name or insignia. The body of each taxicab shall have, painted upon it, or otherwise permanently affixed to it, by means of a plate or other device approved by the city clerk's office, the owner's trade name along with the taxicab number of the vehicle. The lettering shall not be less than two inches (2") in height. New or repainted vehicles will conform to the approved color scheme, and all vehicles shall display the approved color, trade name and taxicab number at the time of inspection. Removal of the plate name or any method of affiliation camouflage shall be grounds for license suspension or revocation L The city of Meridian taxicab mobile sales unit license shall include, on its face: (1) The name of the individual licensed to operate or act as a taxicab mobile sales unit within the city under such license; (2) A description of the goods and/or services that may be sold, traded, given away, offered, displayed, and/or delivered under such license; (3) The hours, locations, and means at and by which the taxicab mobile sales unit is licensed to operate, travel, and/or conduct sales, trades, giveaways, offers, displays, and/or deliveries under such license; and (4) The dates during which such license is valid. Unless earlier revoked, such license shall expire three hundred sixty five (365) days following the date of issuance. j. Appeal of the city clerk's issuance or denial of an application for a mobile sales unit license may be made by any person. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person within fourteen (14) days of such issuance or denial. Upon receipt of such written appeal, the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (30) days. Following apublic hearing on the appeal, 7 city council shall either affirm or reverse the city clerk's action and shall issue written findings supporting such decision. The city council's decision on such appeal shall be a final decision. k. The city clerk may revoke a taxicab mobile sales unit license where: (1) A term or condition of the license is violated by the licensee. (2) In the course of operating or acting as a taxicab mobile sales unit, the licensee violates a provision of this section or of any other local, state, or federal law. (3) It is found, after issuance of such license, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application. (4) The licensee is convicted of: (A) Reckless driving, eluding a police officer, racing, and/or driving under the influence of alcohol; (B) Any charge involving theft or fraud. (C) Battery, assault, domestic battery or assault, telephone harassment, stalking, or violation of a protective order. (D) Any crime involving, or related to, firearms or other weapons. (E) Any crime involving, or related to, a child or children, elderly persons, and/or other vulnerable persons. (F) Any crime involving, or related to, prostitution, indecent exposure, obscene conduct, or other sexual conduct or activity. (G) Any crime involving, or related to, drugs or illicit substances. (5) The licensee is required by any law or legal order to register as a sex offender. 1. The city clerk shall notify the licensee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the taxicab mobile sales unit license application. Such revocation shall be effective immediately upon mailing by the city clerk. in. Appeal of the city clerk's revocation of an application of a taxicab mobile sales unit license may be made by the licensee. Such appeal shall be made in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person within fourteen (14) days of such revocation. Upon receipt of such appeal, the city clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (30) days. The city council's decision on such appeal shall be a final decision. D. TIME OF OPERATION OF TAXICAB MOBILE SALES UNITS: 1. It shall be unlawful for any person to operate or act as a taxicab mobile sales unit at a time of day that is outside the scope of a valid, current taxicab mobile sales unit license. 2. It shall be unlawful for any person to operate or act as a taxicab mobile sales unit upon a date that is outside the scope of a valid, current taxicab mobile sales unit license. E. PLACE OF OPERATION OF TAXICAB MOBILE SALES UNITS: 1. It shall be unlawful for any person to operate or act as a taxicab mobile sales unit at a location that is outside the scope of a valid, current taxicab mobile sales unit license. 2. It shall be unlawful for any person to park any vehicle or mode of conveyance utilized in the operation or activity of a taxicab mobile sales unit in violation of any generally applicable provision of this code or local, state, or federal law. 3. It shall be unlawful for any person to operate or act as a taxicab mobile sales unit or allow such operation or activity in any area of the city or in any manner prohibited by the Meridian unified development code. F. MANNER OF OPERATION OF TAXICAB MOBILE SALES UNITS: 1. It shall be unlawful for any person to operate or act as a taxicab mobile sales unit if any required license, permit, and/or certification required for such operation or activity is expired or is not valid and current for any reason. 2. A valid and current taxicab mobile sales unit license shall be exhibited in a conspicuous place on such vehicle or other mode of transportation at all times . during such operation or activity. It shall be unlawful for any person to operate or act as a taxicab mobile sales unit if a taxicab mobile sales unit license is not exhibited as required by this subsection. 3. A rate card of not less than four inches by six inches (4" x 6"), listing the schedule of fares printed in legible type, shall be posted in full view of the public being transported in each vehicle licensed under the taxicab mobile sales unit license. 0 4. It shall be unlawful for any person to operate or act as a taxicab mobile sales unit where such person is not specifically licensed under a valid, current taxicab mobile sales unit license. 5. It shall be unlawful for any person operating or acting as a taxicab mobile sales unit to sell, trade, give away; offer for sale, trade, or giveaway; display goods or services for the purpose of sale, trade, or giveaway; or deliver goods or services pursuant to such sale, trade, or giveaway goods or services that are outside the scope of a valid, current taxicab mobile sales unit license. 6. It shall be unlawful for any person operating or acting as taxicab mobile sales unit to operate a musical instrument or amplification device from such taxicab mobile sales unit where such music or sound is audible beyond fifty feet (50') of the source of such music or sound. 7. It shall be unlawful for any person operating or acting as a taxicab mobile sales unit to: a. Misrepresent his or her purpose or affiliation; b. Permit or allow any person, or their possessions to ride on the fenders, hood or any place on the outside of a taxicab unless the vehicle has been specifically designed for that purpose; c. Carry or transport a person other than those first employing the taxicab unless that person consents to the acceptance of an additional passenger or passengers. Under all circumstances, the taxicab driver shall accommodate the first passenger's destination by the most expedient route, prior to accommodating other passengers; d. Permit more persons to be carried in a taxicab than the rated seated capacity of the taxicab. Provisions shall be made for the safe transfer of small children according to state and federal regulations. The taxicab provider shall make accommodations for the transport of child carrier; however, it is the parent's responsibility to provide the appropriate child carrier. A child under the age of six (6) shall not be counted as a passenger unless their presence exceeds the taxicab's rated seating capacity. Children under the age of sixteen (16) shall not be transported except in the care of or at the written direction of their parent or guardians; e. Refuse or neglect to convey over public or private roads an orderly person or persons upon request, unless previously engaged, except that every driver shall have the right to demand legal fare in advance if they have reasonable grounds to believe that the fare will not be paid at the completion of the run; f Permit any person other than a person licensed by this Chapter, to operate or drive a taxicab while in service; g. Solicit any person, or assist in the solicitation of any person, or participate in any illicit or unlawful sex act; h. Operate or drive a taxicab while consuming, or affected in any way by, an alcoholic beverage, illegal substance, or legal substance which impairs the ability to operate a motor vehicle and where the potential for such impairment is published as a warning on the product's label; i. Pick up and/or deliver, sell or otherwise provide an alcoholic beverage or illegal substance to any person or passenger, or allow a passenger to consume alcoholic beverages or illegal drug substances while in transit, unless the licensed vehicle under the taxicab mobile sales unit license is otherwise exempted by state law to allow alcoholic consumption in exchange for compensation from transported passengers; j. Refuse to convey a passenger to a destination based on race, gender, religious affiliation, disability, or other constitutionally protected classes; k. Continue communications with a potential customer regarding a sale, trade, giveaway, or offer thereof after such customer has stated that he or she does not wish to participate in such transaction or further communicate with such taxicab mobile sales unit; 1. Represent the issuance of any license under this section as an endorsement or recommendation of such licensed activity. 8. There shall be posted in a conspicuous place in each taxicab a rate card or sticker, of not less than four inches by six inches (4" x 6") in size, printed in legible type, stating the applicable rates. G. PENALTY: A violation of any provision of this section shall be a misdemeanor, punishable by such fine and/or imprisonment as established by Idaho Code. In addition to such penalty, any person violating any provision of this section shall be subject to any and all other applicable administrative, criminal, and/or civil penalties. Each day upon which a violation of this section continues or occurs may be deemed a separate and distinct violation. H. ENFORCEMENT: Peace officers shall be empowered to enforce the provisions of this section. An officer may call upon the services of the planning, fire, parks or other appropriate city departments to assist in the enforcement of the provisions of this section or in an investigation of a suspected violation thereof. (Ord. 10-1453, 8-17-2010) 11 Meridian City Council Meeting DATE: August 16, 2011 ITEM NUMBER: 8E PROJECT NUMBER: ITEM TITLE: Legal Department: Proposed Addition of Mutual Hold Harmless Clause to Memorandum of Agreement Designating Boise City/Ada County Housing Authority as City's Agent to Purchase Housing and Urban Development (HUD) Dollar Homes MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS nn 7O 1'Ylc��iC'�v' '�oV nYI(qiy1Cq MEMORANDUM OF AGREEMENT DESIGNATING ADA COUNTY HOUSING AUTHORITY AS CITY'S AGENT TO PURCHASE HUD DOLLAR HOMES This MEMORANDUM OF AGREEMENT DESIGNATING BOISE CITY/ADA COUNTY HOUSING AUTHORITY A CITY'S AGENT TO PURCHASE HUD DOLLAR HOMES ("MOA") is entered into this l b day of x,011 ("Effective Date") by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and the Ada County Housing Authority ("ACHA"), a quasi -governmental entity established pursuant to Idaho Code sections 50- 1901 et seq. WHEREAS, the Dollar Homes initiative of the United States Department of Housing and Urban Development ("HUD") helps local governments foster housing opportunities for low to moderate income families by offering cities the opportunity to purchase, for one dollar plus closing costs, single-family homes acquired by the Federal Housing Administration ("FHA") through foreclosure actions; WHEREAS, pursuant to HUD Notice H 00-7, issued April 28, 2000 and formally extended by HUD Notices H 01-06, H 02-02, H 03-09, H 04-07, 05-11, and 06-02 (and presuming the informal extension thereof to the effective date of this MOA absent any subsequent contradictory notice or indication from HUD), the City of Meridian is eligible to purchase Dollar Homes directly from HUD, or to identify an agency of government such as a housing authority to act as the City's agent to purchase these properties; WHEREAS, Meridian is served by ACHA, a quasi -governmental entity established pursuant to Idaho Code sections 50-1901 et seq. to perform certain essential governmental functions, and which is dedicated to enhancing our community by providing safe and affordable housing and fostering self sufficiency and stability for people in need, and is therefore uniquely qualified to act as the City's agent for the purpose of purchasing, administering, and/or disposing of properties available through HUD's Dollar Homes program; and WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of the people of the City of Meridian for the City to designate ACHA as the City's agent for the purpose of purchasing properties from HUD through the Dollar Homes program; NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, and in consideration of the recitals above, which are incorporated herein, City and ACHA agree as follows: 1. Agency conveyed. ACHA is hereby designated the City of Meridian's agent for the purpose of purchasing, administering, and disposing of properties available for purchase from FHA through HUD's Dollar Homes program. II. Indemnification• mutual hold harmless. ACHA and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in ACHA programming, shall indemnify and save and hold harmless City from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses caused or incurred by ACHA or any ACHA employee, agent, contractor, MOA DESIGNATING HOUSING AUTHORITY AS CITY'S PAGE t OF 3 AGENT FOR PURCHASE OF HUD DOLLAR HOMES official, officer, servant, guest, and/or invitee, or any participant in or observer of ACHA programming, in or related to its purchase, administration, financing, sale, rental, or other disposition of any HUD Dollar Home not caused by or arising out of the tortious conduct of City. If City incurs liability due to the actions or omissions of ACHA or any ACHA employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any participant in ACHA programming, ACHA covenants and agrees to indemnify and save and hold harmless City from and for all such losses, claims, actions, or judgments for damages or liability to persons or property. City makes no warranty or promise as to the condition, safety, usefulness, or habitability of any premises purchased, administered, financed, sold, rented, or otherwise disposed of under the HUD Dollar Home program. UQ melltb lul ucuuu ,.o ... ,..... ... incurred by City or any City employee official or officer in or related to the purchase, administration financing sale rental or other disposition of any HUD Dollar Home not caused by or arising out of the tortious conduct Or ACHA and/or the negligent actions or omissions of ACHA or any ACHA employee official or officer. III. ACHA solely responsible. ACHA shall be solely responsible for all aspects of purchase, administration, financing, sale, rental, or other disposition of any HUD Dollar Home undertaken pursuant to this MOA. ACHA shall assume all risks and liability related to any transaction related to this MOA and/or the HUD Dollar Home program. Further, ACHA shall be solely responsible for the payment to HUD of the purchase price, closing costs, and any and all other direct and indirect costs related to the purchase, administration, financing, sale, rental, or other disposition of any HUD Dollar Home undertaken pursuant to this MOA. IV. Compliance with laws. In acting hereunder, City and ACHA shall comply with all applicable Federal and State laws and regulations. V. Notices. Notices required to be given by either party hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Ada County Housing Authority Attn: Planning Director Deanna Watson, Executive Director 33 E. Broadway Avenue 1276 W River St., Suite 300 Meridian, Idaho 83642 Boise, Idaho 83702 Either party may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. VI. Term of Agreement. This MOA shall become effective upon execution by both parties, and shall expire five (5) years from the Effective Date unless earlier terminated or extended in the manner as set forth herein. If the parties to this MOA fail to mutually extend this term, and neither has terminated the MOA, the term of this MOA, or such other terms as the parties have agreed upon in writing, shall be renewed automatically for one-year periods thereafter unless terminated by either party in the manner provided in this MOA. MOA DESIGNATING HOUSING AUTHORITY AS CITY'S PAGE 2 OF 3 AGENT FOR PURCHASE OF HUD DOLLAR HOMES VII. Termination process. Either party may terminate this Agreement by providing thirty (30) days advance written notice of intention to terminate. Such written notice shall include a description of the breach or circumstances providing grounds for termination. A fourteen (14) day cure period shall commence upon mailing of the notice of intention to terminate. If, upon the expiration of such cure period, cure of the breach or circumstances providing grounds for termination has not occurred, this Agreement may be terminated upon provision of written notice of termination. Grounds for termination of this Agreement shall include, but shall not be limited to: A. An act or omission by either party which breaches any term of this Agreement. B. An act of nature or other unforeseeable event which precludes or makes impossible the performance of the terms of this Agreement by either party. C. A change in circumstances that renders the performance by either party a detriment to the public health, safety, or welfare. VIII. Construction and severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. IX. Entire agreement. This MOA contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. X. Approval required. This MOA shall not become effective or binding until approved by the respective governing bodies of both City and ACHA. 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. BOISE CITYIADA COUNTY HOUSING AUTHORITY: BY: Deanna Watson Executive Director CITY OF MERIDIAN: 00"`0111i""',., ATTEST: M. 0. AZ.ta Tammy e eerd, Mayor = a� oiman, City Clerk (`OifFdT� MOA DESIGNATING HOUSING AUTHORITY AS CITY'S AGENT FOR PURCHASE OF HUD DOLLAR HOMES PAGE 3 OF 3 Meridian City Council Meeting DATE: Auqust 16, 2011 ITEM NUMBER: ITEM TITLE: Future Meeting Topics MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS