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2011-12-06David Zaremba 0 Brad Hoaglun Charlie Rountree Keith Bird m � Mayor Tammy de Weerd 3. Community Invocation by Pastor Michael Pearson with the Seventh Day Adventist Church Adoption of the Agenda AdopteZ A. Approve Minutes of November 1, 2011 City Council Regular Meeting B. Approve Minutes of November 9, 2011 City Council Workshop Meeting C. Approve Minutes of November 15, 2011 City Council Regular Meeting D. Resolution No. 11-825: Accepting the 2012 Initial Point Gallery Schedule E. Community Development D:Year i Agreement with ••. County Housing Authority F. Community Development Block Grant (CDG) Program Year 2011 Sub -Recipient Agreement with Neighborhood Housing Services (NHS) Meridian City Council Meeting Agenda — Tuesday, December 06, 2011 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 12. Community Development Block Grant (CDBG) Program Tew 2011 Sub -Recipient Agreement with Meridian Food Bank H. Community Development Block Grant (CDBG) Program Year 2011 Sub -Recipient Agreement with Meridian.• • Girls Club 1. Development Agreement for Approval: MDA 11-11 Walmart- Overland/Stoddard by Walmart Real Estate Business Trust Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Existing Development Agreement to Amend the Conceptual Development Plan an• Certain Sectionsof the Text of the Agreement Accord - Proposed • _ • the Development K. Lease Agreement Between The Kleiner Memorial Park Trust (Lessor) and the City of Meridian (Lessee) to Allow Early Possession of the Park for Purposes of Winter Maintenance L. Request for Approval of a Sole Source Purchase of a Backup "Sewerline Inspection Camera" for the Existing Inspection Truck for a Not -To -Exceed Amount of $55,218.18 M. Award of Request for Qualifications (RFQ CW -01-2011) and Resulting 21 Master Agreements with 15 Independent Firms ; CH2MHill, JUB, Keller, HDR, SPF, CTA, LCA, Lochsa Engineering, American Geotechnics, MTI, Strata, Civil Survey, Keller, T -O Engineers, GSI, and Hydrologic for Engineering Services 11-- 001 Second• Broadway • •• by Meridian Development Corporation (MDC) Located at North Side of E. Broadway Avenue Between E. 2nd Street and E. 3rd StrW Request: Short Plat Approval of Four (4) Commercial Condominium Units within an Office • • in the • Zoning District O. Development Agreement for Approval• RZ 11-002 Southridge Apartments by The Farran Group, LLC Generally Located South Side of W. Overland Road Midway Between S. Ten Mile Road and S. Linder Road Request: Rezone of 42.36 Acres of Meridian City Council Meeting Agenda — Tuesday, December 06, 2011 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Land from the wv and R-: ZoningD• the R-15 Zoning Hearing:A. Public Proposed Company (SSC) Fee Adjustment for•- • Commercial PublicBased on Change in the Consumer Price Index and 2 New Fees Approved - . • Proposed 2012 Fee Schedule of • RecreationParks & Department C. Resolution No. : i Resolution Adopting the Fel Schedule of the Meridian Parks & Recreation Department ft: Collect Such Fees; and Providing an Effective Date Approved D. Community Development Block Grant (CDBG) PY2010 Consolidated Annual Performance and Evaluation Report (CAPER) E. Resolution No. 11-827: Resolution to Adopt the Community Development Block Grant (CDBG) Program Year 2010 Consolidated Annual Performance and Evaluation Report (CAPER) Approved F. Public Wearing Continued from November 15, 2011: AZ 11-001 Ten mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Idle, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of 1-84 Request: Annexation and Zoning of 116.25 Acres of Land From RUT in Ada County to C -G Zone Continued to December 20, 2011 G. Public Hearing: RZi - - - • by Liberty Development,Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 1.48 Acres of Land from the R-8 Zoning District toZoning W. Public Wearing: PP 11-007 Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 148 Residential Lots and Meridian City Council Meeting Agenda — Tuesday, December 06, 2011 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Twelve (12) Common Lots on 28.2 Acres in an Existing R-8 Zone and a Proposed R-1 Zone Ap roved 8. Department Reports C. Planning Department: Community Development lock Grant (CDBG) FY2012 Budget Amendment for a Not-to-Exceed Amount of $230,715.00 Approve D. Public UVorks: Resolution No. 11-828: Adopting All of Volume 1 and the City's Section of the Volume 2 within the Ada County Hazard Mitigation Plan pproved 9. Ordinances 10. Future Meeting Topics Meridian City Council Meeting Agenda -Tuesday, December 06, 2011 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council December 6, 2011 A meeting of the Meridian City Council was called to order at 7:00 p.m., Tuesday, December 6, 2011, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird and Charlie Rountree. Members Absent: Brad Hoaglun. Others Present: Bill Nary, Jaycee Holman, Caleb Hood, Sonya Watters, Bill Parsons, Lori Den Hartog, Warren Stewart, Kyle Radek, Jeff Lavey, Mark Niemeyer, Allison Kaptein, Colin Moss, 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: Okay. I will go ahead and start tonight's meeting. I would like to thank all of you for joining us and welcome to City Hall chambers. For the record it is Tuesday, December 6. It is a couple minutes after 7:00. We will start with roll call attendance. Madam Clerk. Item 2: Pledge of Allegiance De Weerd: Thank you. Item No. 2 is our Pledge of Allegiance. Tonight we will be led in the pledge by Bryce Horning. He is with Troop 463 and they are sponsored by the Verona Ward. Bryce, if you will come up front and you can give us instruction. (Pledge of Allegiance recited.) De Weerd: Bryce, if I could ask you to come forward, I have a City of Meridian pin to thank you for leading us in the pledge. Item 3: Community Invocation by Pastor Michael Pearson with the Seventh Day Adventist Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Pastor Michael Pearson and he with the Seventh-Day Adventist Church. If you will all join us in the community invocation or take this as an opportunity for a moment of reflection. Welcome. Meridian City Council December 6, 2011 Page 2 of 55 Pearson: Thank you. Let's bow our heads. Father in Heaven, we want to thank you for the Meridian City Council and Mayor who serve us. We invite your presence this evening on all deliberations, asking that you give us all hearts of service to the community, to the United States, and to the Almighty God. We pray this in the name of Jesus Christ, our Lord and Savior, amen. De Weerd: And, Pastor Michael, before you sit down perhaps you can tell us about the live nativity that's going on Friday and Saturday night. You just need to say it in the microphone. Pearson: Friday evening, Saturday, 5:30 to 8:30 we are doing our annual community -- for the community live nativity journey to Bethlehem where people of all faiths are involved. If you want to come out and see it, it is something amazing and it's lots of fun for all. De Weerd: And you have a live camel on Friday night. Pearson: We have a live camel on Friday night. De Weerd: So, you all have to come out. Very good music and as Pastor Michael had mentioned, .there are a number of different places of worship that are involved.. So, thank you for joining us, Pastor Michael. Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: I would just mention that that is on Black Cat just north of Cherry Lane. De Weerd: Yes. Thank you. We will see you Friday night. I'm there for the camel. Item 4: Adoption of the Agenda De Weerd: Okay. Item No. 4 is adoption of the agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: A couple of notes to make on the agenda. Under five, the Consent Agenda, Item D, that resolution is number 11-825. Under Item 7, Action Items, Item C, that resolution number is 11-826. Item E is resolution number 11-827. Under paragraph eight, Department Reports, Item D is resolution number 11-828. And under nine, Ordinances, Item A is ordinance number 11-1499. And, then, we need to amend into the agenda an additional Item 11, which would be an Executive Session per Idaho State Code 67-2345(1)(c) and (1)(d). And with that I move approval of the agenda. Meridian City Council December 6, 2011 Page 3 of 55 Rountree: Second. De Weerd: I have a motion and a second to approve the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 5: Consent Agenda A. Approve Minutes of November 1, 2011 City Council Regular Meeting B. Approve Minutes of November 9, 2011 City Council Workshop Meeting C. Approve Minutes of November 15, 2011 City Council Regular Meeting D. Resolution No. 11-825: Accepting the 2012 Initial Point Gallery . Schedule E. Community Development Block Grant (CDBG) Program Year 2011 Sub-Recipient Agreement with Ada County Housing Authority (ACHA) F. Community Development Block Grant (CDBG) Program Year 2011 Sub-Recipient G. Community Development Block Grant (CDBG) Program Year 2011 Sub-Recipient Agreement with Meridian Food Bank H. Community Development Block Grant (CDBG) Program Year 2011 Sub-Recipient Agreement with Meridian Boys and Girls Club 1. Development Agreement for Approval: MDA 11-005 Walmart- Overland/Stoddard by Walmart Real Estate Business Trust Located Southeast Corner of W. Overland Road and S. Stoddard Road Request: Modification to the Existing Development Agreement to Amend the Conceptual Development Plan and Certain Sections of the Text of the Agreement in Accord with the Proposed Changes to the Development Plan J. Approval of Permanent Easement for Idaho Power Corporation Meridian City Council December 6, 2011 Page 4 of 55 K. Lease Agreement Between The Kleiner Memorial Park Trust (Lessor) and the City of Meridian (Lessee) to Allow Early Possession of the Park for Purposes of Winter Maintenance L. Request for Approval of a Sole Source Purchase of a Backup "Sewerline Inspection Camera" for the Existing Inspection Truck for aNot-To-Exceed Amount of $55,218.18 M. Award of Request for Qualifications (RFQ CW-01-2011) and Resulting 21 Master Agreements with 15 Independent Firms ; CH2MHill, JUB, Keller, HDR, SPF, CTA, LCA, Lochsa Engineering, American Geotechnics, MTI, Strata, Civil Survey, Keller, T-O Engineers, GSI, and Hydrologic for Engineering Services N. Findings of Fact, Conclusions of Law for Approval: SHP 11- 001 Second and Broadway Condominiums by Meridian Development Corporation (MDC) Located at North Side of E. Broadway Avenue Between E. 2nd Street and E. 3rd Street Request: Short Plat Approval of Four (4) Commercial Condominium Units within an Office Building in the O-T Zoning District O. Development Agreement for Approval: RZ 11-002 Southridge Apartments by The Farran Group, LLC Generally Located South Side of W. Overland Road Midway Between S. Ten Mile Road and S. Linder Road Request: Rezone of 42.36 Acres of Land from the TN-R and R-8 Zoning Districts to the R-15 Zoning Districts De Weerd: Item 5 is our Consent Agenda. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: As previously noted, Item D is resolution number 11-824 and with that I move adoption of the -- or approval of the Consent Agenda and authority for the Mayor to sign and the Clerk to attest. Rountree: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. Meridian City Council December 6, 2011 Page 5 of 55 De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 6: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Item 7: Action Items A. Public Hearing: Proposed Sanitary Services Company (SSC) Fee Adjustment for Residential and Commercial Services Based on Change in the Consumer Price Index and 2 New Fees De Weerd: So, we will move to Item 7, Public Hearing for Item 7-A. Mr. Nary, who is introducing this item? Nary: Madam Mayor, Members of the Council, I guess me. This is a public hearing on the SSC fee adjustment. This is a contractual .adjustment annually and there are actually new fees. Mr. Sedlacek from SSC is here as well, can probably give a very brief synopsis of the fees. They have been advertised for tonight for a public hearing. De Weerd: Okay. And, Mr. Nary, I guess procedurally this also went through our citizen advisory committee, the SWAC? Nary: Yes. Yes, Madam Mayor. The Solid Waste Advisory Commission of the city has reviewed the fees. As I said, part of the fees are contractual adjustment annually that are based on the Consumer Price Index. That isn't -- it's part of the fee request, but it is contractually for the city to adjust that based on Consumer Price Index change. The other one there are actual new fees that are what was advertised for the actual hearing for tonight. De Weerd: Right. And they did consider those new fees and have moved it up to City Council. Nary: Yes. They have recommended -- De Weerd: Okay. Nary: -- recommend moving those forward for approval. De Weerd: Thank you. Mr. Sedlacek. State your name and address for the record. Meridian City Council December 6, 2011 Page 6 of 55 Sedlacek: Madam Mayor, Members of the Council, my name is Steve Sedlacek. Address is 2130 West Franklin in Meridian. De Weerd: Thank you. Sedlacek: Tonight we have our annual -- our sometimes annual rate change. We have an October 6th memorandum to be in front of you. We are -- based on our CPI adjustment methodology that we have in our contract we are requesting a two percent rate increase. That's going to 30 cents per house per month for residential customers and, of course, there is a variety of commercial rates that get affected also. I don't know if you want me to go into that methodology at all. We have done this many times. Perhaps I should just skip to the two new fees that have been requested. De Weerd: Well, I think in case there are people here that would like to hear how it is figured that would be helpful. Sedlacek: All right. We will go through it quickly. So, basically, our contract allow us to adjust rates based on the Consumer Price Index annually. We get that information from the Bureau of Labor Statistics and, then, we take 90 percent of the published value and we apply that to our portion of the rate structure. Rates are based on two things. One .our collection costs and number. two is the disposal .costs at the county landfill. We segregate those two fractions. We do not escalate the county disposal fees, because the county commissioners set those and if they go up that is a separate rate hearing or a rate issue. So, what we are talking about is just our costs for fuel and labor, medical coverage for our guys, you know, tires and batteries and all that stuff that we -- that we consume to pick up waste. So, the CPI changes -- you know, you can see in Table Two that there is -- basically, it's a 1.9 percent rate increase for most services. The roll off services are higher because roll off services we have separate disposal from collection costs on that. So, that's -- those are already segregated. And at this time we are not sure if the county is going to escalate their landfill fees. I would expect them to be changed next August when they get through their evaluation of their switching from yardage to tonnage in terms how they bill people and that will cause -- that will cause a rate change in Meridian, so -- but Idon't -- you know, I can't speculate on when or how much that will be. I have no idea what the county commissioners will do. That's how we go through our CPI adjustment. De Weerd: Okay. Thank you. Sedlacek: As far as the two new rates, one is for residential carry out service. Basically we -- we have people call us on occasion -- not very often -- and they say, well, what would it cost if I didn't put my trash out and you came to my garage and took all my cans and took them to your truck and dumped them and brought the cans back. They just don't -- people that don't want to put their cans out. We don't have a rate for that and I'm not sure we want a rate for that, but it's been requested, so we threw a number at it and this is not for people who are elderly or too sick to do that function, we will do that for free for anyone that can't do it, but, basically, these are just folks that are used to Meridian City Council December 6, 2011 Page 7 of 55 having a higher level of service I think. So, we have proposed a 60 dollar a month fee for that. Now, that's for us to go up to the house every week and also the recycling would be every other week. Other cities have this type of an arrangement. Boise does. Some cities don't have it, so -- I don't expect very many people to sign up for this, honestly. It's completely voluntary. And so we ran it through the solid waste commission and they approved that and asked us to come to you for final approval, if you -- if you so choose to have this type of fee in your structure. The second rate we have asked for is a rate on a -- something called a turnaround compactor. These are -- there is two styles of compactors. There is one called a break away and called a turnaround or aself-contained unit. A turnaround is simply a piece of equipment at a store that is taking garbage from that store -- could be a Winco or a Walmart or Fred Meyer, typically a larger store, and the way you haul -- the way you put that on your truck, the spot where the garbage comes out is behind the cab, so we have to take that container and roll it off the truck, drive around to the other side of it, put it back on the truck, and we take it into the transfer station and we dump it and we take it back out of the transfer station, put it down again, go back around to the other side of it and put it back on the way it originally was. So, we -- so, we have a lot of manipulation that goes on with this type of a compactor and it just takes a lot of time and so what we are simply asking for is a differential rate between those who pick those compactors -- they are not owned by us, they are owned by the store, that we get another 15 dollars per haul to do all that manipulation and those are basically the two new rates that we are talking about. De Weerd: Thank you, Council. Any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do have a question on -- I guess the mechanics of the first one. I'm just -- not that I'm a candidate for that service, but if I were would it involve the driver having a key to my garage or a code to my garage and moving my car in order to get the can out? De Weerd: I don't think you're a candidate for this service. Zaremba: But I'm just wondering what complications and what liability if they are actually entering somebody's garage. Is this even wise to do? Sedlacek: Well, Madam Mayor, Members of the Council, Councilman Zaremba, we will not go into anyone's house or in anyone's garage. Those cans have to be visible from the street. They can't be behind a fence where our guys will walk through a fence and get attacked by a dog or anything like that. So, we are just talking about from the curb to the house. Now, that could be a long private road where we will have to get a release of liability from that owner, because if we drive the truck down there and it damages the road -- and it will damage the road -- we are not going to pay for that road damage. It's just -- the trucks are so heavy they -- they will damage road. That's why Meridian City Council December 6, 2011 Page 8 of 55 we keep them on public roadways. But this would just be us walking up to the -- probably aside fence -- beside someone's garage and grabbing a can and putting it back. There won't -- yeah, there won't be any -- we will never enter someone's property. At least their dwelling. Zaremba: Okay. Thank you. De Weerd: Okay. Any other questions? Okay. Thank you, Steve. This is a public hearing. Is there any member of the public who would like to provide testimony on this item? Okay. Council, any further information needed from staff or Mr. Sedlacek? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no further questions or information required, I move that we close the public hearing on Item 7-A. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearing. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the rate adjustments and the two rates as proposed by SSC. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-A. Is there any discussion? Seeing none, Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Public Hearing: Proposed 2012 Fee Schedule of the Meridian Parks & Recreation Department Meridian City Council December 6, 2011 Page 9 of 55 C. Resolution No. 11-826: A Resolution Adopting the Fee Schedule of the Meridian Parks & Recreation Department to Collect Such Fees; and Providing an Effective Date De Weerd: Item No. 7-B is a public hearing on the fee structure for 2012 for the Parks Department -- for the recreation and parks department. Like how I put you first, Allison. Kaptein: Thank you. Good evening, Madam Mayor, Members of the Council. Colin and I are here today to present to you our fee schedule for the winter activities -- for my part and Colin is here to stand for any questions on some new field rental fees that we have and I believe that you got this information in your packets, but I also have it up on the screen in front of you. Those show the new fees and I think in your packets there should have been a document with a -- the full schedule highlighted in yellow and changes, if you have questions about that. So, if you have any questions we can stand for that now. De Weerd: Allison, perhaps -- I don't know if there is anyone here that has any questions, but can you tell us maybe some of the changes that are on the fee schedule. Or are these all new fees? Kaptein: .The -- they are all new. fees, except for the team belly dance camp is an increase and the paper making class is an increase and the belly dance class is an increase. Everything else is a new schedule -- or, excuse me, new fee. De Weerd: Okay. Council, any questions for Allison or Colin? Colin, I would just congratulate you on a -- just a wonderful tree lighting ceremony and I understand that the Winterland Festival was also very well attended and -- Moss: It was extremely well attended. We had about double the number of kids that we had anticipated, so -- De Weerd: There was probably kids that came to watch the parade. Moss: It could be. It could be. De Weerd: Any question from Council? Or, Colin, did you want to add anything? Moss: I guess the only thing -- just a short explanation of some of the field rental fees. We just -- you know, one of the reasons why we are -- we brought these new fees forward is because, you know, with -- with multi-day events kind of being a little bit more common these days, you know, renting afield -- like at Settlers Park is a great example where an event would rent Settlers Park for the day. It doesn't -- it's not really practical to charge them by the hour, which is our current fee schedule, because typically they will either set up the night before or they will come extremely early in the morning to start setting up and it's just -- doesn't seem fair to charge them from 5:00 in the morning until 10:00 at night for a field rental and so what we have kind of done is established a Meridian City Council December 6, 2011 Page 10 of 55 full day fee for certain fields and, then, at our bigger parks just established a rate for, you know, this portion of the park. So, if you wanted to have a big event at Settlers Park and you wanted to rent shelter number one and all the grass space, it's just one flat fee, as opposed to, you know, renting out everything separately and, then, we have established attendance thresholds where a certain fee would be -- would be required. So, for example, the 300 dollar fee at Settlers Park would be required for events of over a thousand people. If you have over 1,500 people, then, you would be required to also block out shelter number two and three because of the additional attendance there. And so it's really based on parking and, you know, if -- if there is such a large crowd there and when we don't want to rent out other amenities, because there is just not going to be enough parking, we wanted to come to, you know, a good fee that it's just a lot easier to -- to work with event organizers when there is a flat fee for -- for some of these parks. So, that's -- that's kind of the basis of most of those fees. De Weerd: Thank you for that explanation. Any questions from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: It .occurs to me on some of these events that are all day events or bigger events, do we take any kind of a clean-up deposit or how do we make sure we don't get stuck with a ruined park? Moss: Well, we -- we don't take -- we don't take a deposit, but it is built into -- it is built into our -- when they -- when they rent afacility -- I mean it's in the language anytime somebody rents a shelter that they can be charged for damage. A lot of clean up is build into the fee in the first place for what our staff time is to clean up, but -- but it is built into the facility rental to go back afterwards and charge if -- if need be. Zaremba: Great. Thank you. De Weerd: Okay. Anything further? Thank you. Moss: Thank you. De Weerd: This is a public hearing. Is there anyone who would like to provide comment on this item? I think all our high school students, if you come and provide testimony I understand you get extra credit. Or maybe an automatic A. No, I won't say that. So, any comment? Zaremba: Madam Mayor? De Weerd: Okay. Mr. Zaremba. Zaremba: I move we close the public hearing on the proposed 2012 fee schedule. Meridian City Council December 6, 2011 Page 11 of 55 Rountree: Second. De Weerd: I have a motion and a second to close the public hearing on this item. All those in favor aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve the proposed 2012 fee schedule of the Meridian Parks and Recreation Department. Rountree: Second. De Weerd: I have a motion and a second to approve Item 7-B. If there is no discussion, Madam Clerk. Holman: Thank you, Madam Mayor. Zaremba: Madam Mayor? Bird: That's a resolution. Zaremba: Actually, that is Item C and there is a resolution for that. De Weerd: I'm sorry. The resolution for Item 7-C, which is 11-826. Zaremba: I misspoke and I include that in my motion. De Weerd: Thank you. Second agrees? Rountree: Second agrees. De Weerd: Okay. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. De Weerd: All ayes. Motion carries. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council December 6, 2011 Page 12 of 55 D. Community Development Block Grant (CDBG) PY2010 Consolidated Annual Performance and Evaluation Report (CAPER) De Weerd: Okay. Item 7-D is our CDBG and I'll turn this over to Lori. Den Hartog: Thank you, Madam Mayor, Members of the Council. I am back before you on the second of our public hearings on the Consolidated Annual Performance and Evaluation Report for our Community Development Block Grant funds. I presented the original report to you on November 15, along with some highlights of the last program year. Just wanted to provide some -- Councilman Rountree requested at the last meeting some numbers for you based on what we had allocated last year and what we had spent. We were under budget on our administration expenses. You will see that we did not expend any funds during the past program year on the Five Mile Creek pathway project. This was Segment H-1. That project is, however, moving forward. We are looking to bid in January for that project, so we will be expending those funds in the current program year. So, even though they weren't expended last year, we still have the opportunity to use those funds and they will be expected and that number will start going down pretty quickly within the new year. The Meridian Food Bank spent almost all of their allocation from last year or 40,000. The Ada County Housing Authority I had discussed with you last time, they finished out their funds from the year before and only used 5,000 from this year. They are seeking alternative ways to advertise their program in Meridian. That's -- those funds are used for down payment and closing cost assistance for the purchase of homes by low to moderate income buyers in Meridian. And the Neighborhood Housing Services, similar program to the Housing Authority, it targets a little bit different segment of the population there, but you can see that they have approximately just over 5,000 dollars remaining in their allocation as well. So, again, those funds can continue to be used throughout the next program year. We did not receive any additional comments during our comment period on the -- on the CAPER, so I'd like to request that we close the public hearing, if we have no one to testify this evening and if there are comments this evening I can certainly incorporate those and after that I would request that we -- that you direct me to submit the document to the U.S. Department of Housing and Urban Development for their review and approval of it. Thank you. De Weerd: Thank you. Is there anyone here to testify on this item? Okay. Seeing none, Council, any questions for Lori? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Lori, those funds that haven't been expended in those various grant items, can those be reallocated to other items? Den Hartog: They can be. Meridian City Council December 6, 2011 Page 13 of 55 Rountree: And, if so, what's the timelines to do that? Den Hartog: They can be. One of the things we -- the one item that will be reallocated is the administration dollars that are just under the 20,000 and I do have plans to reallocate that to a project. The Five Mile Creek pathway, that Segment H-1, we are doing phase one, which we are anticipating to use all of that 120,000 in order to complete phase two. I have some other projects that have funds remaining as well. So, I will be coming back before Council with an amendment. So, most likely we will be making a recommendation to use those unallocated or unexpended funds to complete that pathway segment. Rountree: And what's the timeline on that? Den Hartog: Probably by next spring, early summer, we will have a good handle on the pathway cost and in addition our project manager for that project -- we have been working on obtaining the last easements to get up to Fairview, so that -- the easement section has been driving part of the location for that last segment to make -- to make sure it reaches all the way to Fairview. Rountree: And is there a sunset on the ability to .utilize those funds? Den Hartog: There isn't. That's the interesting thing with this particular grant. Rountree: Okay. Thank you. De Weerd: Okay. Anything further? I would entertain a motion. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we close the public hearing on the CDBG fiscal year 2010 grant. Bird: Second. De Weerd: I have a motion and a second to close the public comment period on Item 7-D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. E. Resolution No. 11-827: Resolution to Adopt the Community Development Block Grant (CDBG) Program Year 2010 Consolidated Annual Performance and Evaluation Report (CAPER) Meridian City Council December 6, 2011 Page 14 of 55 De Weerd: Item 7-E is resolution 11-827. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the resolution 11-827 and authorize the Mayor to sign and Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 7-E. If there is no discussion -- seeing none, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. F. Public Hearing Continued from November 15, 2011: AZ 11-001 Ten Mile Annexation by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of I-84 Request: Annexation and Zoning of 116.25 Acres of Land From RUT in Ada County to C-C Zone De Weerd: Item 7-F is a public hearing continued from November 15 on AZ 11-001. I will turn this over to staff for comment. Watters: Thank you, Madam Mayor, Members of the Council. First item before you here is a request for annexation and zoning of 116.25 acres of land with a C-G zoning district. The subject property consists of three individually owned parcels, totaling 116 acres of land zoned RUT in Ada county. The property is located at the northwest corner of I-84 and South Ten Mile Road. The applicant requests to annex all of the subject property with a C-G zoning district. A conceptual development plan is not proposed, but a layout for collector streets within the site, based upon the transportation system plan contained in the Ten Mile interchange specific area plan has been submitted that is consistent with the plan. Staff recommended denial of the applicant's request to the Commission based on inconsistency of the proposed C-G zoning with the future land use designations of medium high density residential, mixed use residential, mixed use commercial, high density employment and park for the overall property. In the alternative, staff proposed zoning consistent with the future land use map that could be supported. The owners of the SJJV and the Fedrizzi properties were in agreement with staff's recommended zoning. However, the owners of the Janicek parcel were not in agreement with staff's recommended zoning. The Commission recommended denial of the subject annexation at the September 1st public hearing. Becky McKay, Engineering Meridian City Council December 6, 2011 Page 15 of 55 Solutions, the applicant's representative, testified in favor of the application. No one testified in opposition. Chris Penland commented on the application. And written testimony was received from Brad Beau. He was concerned about the proposed road alignment in relation to the approved concept plan for his property. Kevin Shreeve, he was in agreement with the staff recommended zoning of HE and C-C for the SJJV property. And Richard and Patsy Fedrizzi, they were in agreement with the staff recommended zoning at C-C for the property. Key issues of discussion by the Commission was the consistency of the proposed C-G zoning in regard to the intent of the Ten Mile interchange specific area plan and the future land use designations for the property. They did not feel it was consistent. The appropriateness of the C-G zoning directly adjacent to the residential without a development plan. No transition in zoning and uses. There were no changes to the staff recommendation by the Commission and the outstanding issue for the City Council -- since the Commission hearing Becky McKay, the applicant's representative, has been working with the owners of the Janicek property to determine a zoning for the property that would be acceptable to the owners, as well as in compliance with the Ten Mile plan. Last Friday the applicant submitted a new request for zoning that now proposes TN-C zoning for the western 30 acres of the Janicek parcel and C-C zoning for the eastern 44 and a half acres of the Janicek property, along with C-C and HE zoning for the SJJV property and C-C zoning for the Fedrizzi property. Written testimony has been received since the Commission hearing from.Bradley Miller, Van Auker Companies, and Becky McKay. Because the applicant has changed their request for zoning since the Commission hearing, staff is recommending that Council remand the application back to the Commission for review and a new recommendation based on the current proposal. Staff will stand for any questions the Mayor and Council may have. De Weerd: Thank you, Sonya. Any questions at this point for staff? Bird: I have none, Mayor. De Weerd: Okay. Is the applicant representative here? Good evening. If you will, please, state your name and address for the record. McKay: Thank you, Madam Mayor. Becky McKay, Engineering Solutions. Business address 1029 North Rosario, Meridian. I'm representing the Fedrizzis, Janiceks and SJJV, LLC, in this particular joint application for annexation and zoning. De Weerd: Thank you. McKay: I will go ahead and start while she's loading that. It's been a long haul to get to this point. It's taken us over two years and I see the finish line within our grasp and I hope the Council does, too, because I don't think I have ever wanted an experience to end like this one. It's been one of the most complicated and frustrating and challenging applications that I have had if you count what transpired prior to application to the city. The Meridian Comprehensive Plans -- I went back, looked through them, clear back to 1978, the first one. They all had one thing in common. They identified the Ten Mile Meridian City Council December 6, 2011 Page 16 of 55 interchange as a future location for an interchange along the I-84 corridor. They all emphasized that it was important to the city and that it had significant commercial potential and after 33 years the Ten Mile interchange finally became a reality and I think everybody's pleased about that. No one can argue with that. I need to give you a little bit of background on how we got to this point, because we have gone through many steps and different opinions throughout this whole process. In front of you right now that's -- in yellow is what you see is the right of way takes. The interchange initially was proposed to kind of be centered there on Ten Mile Road. It was my understanding, as told from ITD representatives, that they needed shift the interchange to the west to preserve an historical site and that the right of way take would shift west. So, to accommodate the future overpass, this shifted -- is it pointing? Right through here about 139 feet and, then, it tapers on off as -- ah. That little booger. Does it go back, Sonya? Watters: Yeah. Hit the back arrow. McKay: Sorry. I always lift my pointer. It taper off as it goes to Franklin Road. One of the things -- design features of that Ten Mile overpass was the fact that you have the underpass road, which is going to connect the two sections, Brighton to the east and the SJJV parcel to the west. In order to accommodate that underpass, the height of the .overpass had to be -- had to raise up about 14 feet over -- over its historical height. So, then, as they designed this it took them a significant distance to touch down to grade. The location you see right here on the Janicek property, that was -- they were touching down just before they reached that point and that would be the first signalized intersection and the only access allowed from the interstate north to that point. So, one of the things that we struggled with is these three properties involved had either no access or severely limited access. What the state offered to them what they called farm access road number four. That's what you see there with the little dog leg that goes to the west in yellow. What that was going to consist of was just a 50 foot right of way and, then, 22 feet gravel road. In our reports we questioned that as, you know, how are we going to provide access to the interior of the section with what they were providing. The SJJV parcel, the Fedrizzis, had no access whatsoever and so, then, the state came back, they amended their complaint and they said, okay, what we propose is what we will call west access road and we will provide between 84 -- 39 feet of access -- or right of way with 28 feet of paving. Well, that doesn't -- the 28 feet of paving does not meet any ACHD commercial collector standards. Now it doesn't want to change. There we go. So, we got together and we said, you know what, the Ten Mile plan has a transportation plan. What if we all -- all parties get together. Let's try to figure this out. We don't want the state to throw money away on a substandard roadway that can't be utilized for the proper development of the section. Why don't we come up with a different plan and, then, everyone would benefit in the entire section. ACHD was on board. The state was on board. Anna Canning with the City of Meridian came on board. Everyone was in agreement. Let's solve this -- this issue. Now, on your Ten Mile plan it shows this east-west collector there. That is the major parkway collector to the interior of this section, because that's going to funnel all that traffic out to Ten Mile and, then, out to the interchange. Based our estimates, that roadway at build out could Meridian City Council December 6, 2011 Page 17 of 55 carry 30,000 vehicle trips a day. Of course, you know, this is in the future and at build out. It was going -- it's planned to be a seven lane intersection in order to accommodate those high volumes of traffic. It will have to be signalized. It would be a four lane commercial collector with a median and two bike lanes and that is the major artery into the section. ITD said, well, instead of building farm -- west access, we will trust fund money with Ada County Highway District for the future construction of that roadway. If the property owners provide right of way in order to facilitate the development of the section, so that any one parcel could develop and, obviously, utilize the right of way, tap the trust fund with the highway district, install a signal, build the collector and provide the primary point of access. Because of the things we always struggled with -- and I testified on the Ten Mile specific plan -- the flaw that I saw in it was that some properties had to rely on others for access. I mean they had no access according to the plan and so, then, it dictates that they develop in a specific order and as we well know, you know, some properties may have to wait a long time, while others benefit. Here we would be able to provide for everyone. We had -- we submitted the C-G zone, because we could not agree with all the parties on what zoning they wanted. ITD's counsel, Mr. Kronberg, was anxious, he wanted us to, obviously get submitted. He said I would like to see this put to rest and we -- and we resolve all this and settle by the end of October. End of the year maximum. So, in order to get the application submitted I just submitted the C-G, knowing full well that we would, obviously, have to, you know, come together with the staff and look at these different zoning designations. Through hours and hours of meetings, analysis, reports from commercial experts, from traffic engineers, we came to the zoning designations -- little booger. Oh. We came to zoning designations as you see right here. Obviously, the staff's opinion worked into what we looked at. The Fedrizzi parcel right -- oh, little booger. The Fedrizzi parcel there is five acres. It had three different designations on the Ten Mile land use map. We agree with staff the C-C is -- is acceptable. Mr. Fedrizzi is in agreement. The SJJV property is what surrounds it here. It had two different designations. The staff said, you know, HE is most appropriate there. High density employment next to the interstate. And, then, the C-C adjoining Mr. Fedrizzi. The Janicek property, what's south of the primary collector, was C-C. The rear portion -- you can see located here -- is segregated by another north- south collector. That is also what I call kind of the secondary collector, because any development within this section is going to need two points of ingress and egress to it. So, one of the things that we, obviously, looked at was, okay, if these developed in different orders where would they get their second point of access. So, along with the right of way here, our plan was to provide right of way here, so that that could be exercised. We did meet with Matt Schultz, who is handling the Baraya development. That is still an active development. They got a time extension. Obviously, they -- they designed their project prior to the Ten Mile area specific plan, but they do show that primary collector. Meridian 118, as you can see, wraps all the way around us like this. They have been annexed. They have exercised their development agreement and those zones are intact and the funny thing is on their property, they had mixtures on the land use map like we did. This was high density residential. They were zoned ME. This was mixed use commercial. They were zoned C-C. Nowhere do you see any TN- C within the Meridian 118 development. Now, the Janicek property, in looking at the volumes of traffic and the close proximity to Ten Mile, it's going to be bearing the brunt Meridian City Council December 6, 2011 Page 18 of 55 of the -- most of the traffic. It's also going to provide another access that would come out to here and comes into the Carney property right across from Brighton. Oh, there it is. So, you can see those are key to development of this section. Meridian 118 has no vehicular access to an arterial at this time. They have been trying to negotiate, it's my understanding, to get access to the west out to Black Cat, but this is key to their development also. The Janiceks also will have to provide right of way for a large rotary. That rotary we have worked with ACRD on the design of the rotary, the design of the collectors as far as what they believe we need to size them for and so we also provided a traffic study based on Ten Mile specific plan and looking at the zoning designations, what type of traffic these collectors would have to accommodate. We believe that we have an acceptable compromise here. If you look at your zoning district compatibility matrix, it, obviously, has your different choices of zoning listed and the C-C is listed as a possible choice, just like it was listed when the staff supported the C-C portion on Meridian 118. We have agreed to the TN-C to the west. I think that -- and I did some layouts on this and it made sense. You could have assisted living back in there. You could have high density residential. It's segregated by the collector to the west. If we go to the next one. Also it would create a buffer to Baraya if it were to develop as initially approved. We would have a transition to the TN-C. But on this portion here I have all the traffic coming past it and the signal -- oops. I hate this thing. I need a button. We have all the traffic going past it. A significant part of the property is being -- being given up as right of way and they are getting the least intensive. use. They are at the half mile mark and to me that doesn't make a lot of sense. I got 30,000 trips a day at build out and I can't build any type of a commercial structure over 20,000 feet if I have a TN-C zone. All of my buildings adjacent to streets have to be two story. So, if I have a commercial user, then, Ican't -- just a single commercial user, I cannot accommodate them, unless they are willing to build a two story building. I just think the TN-C is not appropriate. This is a major interchange. The Ten Mile specific area plan has guidelines and standards and so does your design review manual. When we initially talked with Anna -- De Weerd: Becky, you need to summarize. McKay: Yes. I will wrap up. When we initially spoke with Anna on this she said, you know, part of the development agreement Iwould -- obviously preliminary platting and some type of a conceptual designing to go along with that preliminary platting. So, whomever purchases this property or if the Janiceks develop it themselves, they would have to come back through with a plan. All we are asking tonight is to help us get annexed, help us zone -- get this zoned to an appropriate designation that we can work with, so that we can settle all this with the state and I think this is a good solution and a good compromise and I hate to pass up the opportunity. Thank you. De Weerd: Thank you. McKay: Can I answer any questions? De Weerd: Council, questions? Meridian City Council December 6, 2011 Page 19 of 55 Bird: Not at this time. Rountree: I have none. De Weerd: Okay. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I do have one and it's -- it's not actually on the subjects that you have been addressing, but it appears that if you look at the western property line there is a roadway from the project to the west that just kind of ends there. Is there some thought that that will connect across the property that we are talking about? McKay: From Meridian one eight -- you mean this road here? Zaremba: Yes. McKay: Yes. I met with Meridian 118's engineer and their planner and they -- in their application, their preliminary plat that's moving forward toward the Council, I had them straighten that -- that stub street up so it would intersect more at a 90 degree angle. Zaremba: But intersect with what? It looks like it just dead ends there. McKay: It would intersect with this TN-C portion, so that when this were designed they would -- they would connect -- the two would connect. There will end up being connection -- a connection between the north-south collector and the roadways to the west in Meridian 118. Zaremba: Okay. Thank you. McKay: The rotary is shared by -- it changes. The rotary is shared by the property, so everybody kind of fits together in this transportation plan kind of like a puzzle and we have been coordinating with these adjoining properties that are not a part of our application. Zaremba: Thank you. McKay: Thank you. De Weerd: Okay. Anything further? Thank you, Becky. McKay: Thank you. Meridian City Council December 6, 2011 Page 20 of 55 De Weerd: This is a public hearing and I do have one member signed up on our testimony sheet. Richard Fedrizzi. Fedrizzi: Madam Mayor and Members of the Council, my name is Richard Fedrizzi and I reside at 3226 South Whitepost in Eagle, Idaho, and my wife Patsy and I are the recorded members of the Fedrizzi Ten Mile, LLC, and I'd just like to express our satisfaction with the proposed zoning and annexation and like to commend the Mayor and Council for their continued support of growth in the -- in the valley. Thank you. De Weerd: Thank you. Fedrizzi: Any questions? De Weerd: Council, any questions? Bird: I have none. Fedrizzi: Thank you. De Weerd: Thank you very much. Is there any other member of the public who would like to provide testimony? .Yes, sir. Schreeve: Madam Mayor, Council, my name is Kevin Schreeve and I am representing SJJV at 360 East Montvue Drive here in Meridian. De Weerd: Thank you. Schreeve: And just simply want to express in behalf of SJJV our gratitude for your consideration of the annexation of these properties, including SJJV's and just simply want to extend our agreement with what Becky has presented and hope that you find all the properties and the zonings appropriate to your liking and move forward with that. De Weerd: Okay. Thank you, Kevin. Any questions from Council? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. Any further testimony? Turnbull: Madam Mayor, Members of the Council, I'm David Turnbull, 12601 West Explorer Drive. De Weerd: Thank you. Meridian City Council December 6, 2011 Page 21 of 55 Turnbull: I'm partly here out of curiosity. I own some property across the street. I'm partly here out of request. I have known the Janiceks and I have known Mr. Fedrizzi for quite some time. I have never met SJJV, but I haven't had time to fully read through or understand this application. As I understand it it's merely an annexation zoning request. It doesn't provide a lot of details as far as concept plans and I know the Council has been reluctant in the past to adopt -- to annex property without some kind of concept plan and that's often the tug of war you get -- you know, the Janiceks aren't developers and so they are probably hoping to attract a developer or a buyer that can provide those details in the future, so maybe you have some tools in your development agreements that can allow for that. I had a chance to read some of the staff and applicant's communications to the Council and I'd just like to provide my perspective a little bit on the Ten Mile area, some general and some specific to this property. In general a lot of work went into crafting the Ten Mile interchange specific area plan and I think it's important to note that that was conceived in a time of, you know, some unprecedented prosperity and now we have had a real estate bust the likes of which we have never seen. So, I know we know this isn't going to last, but I think we need to understand it's not going back to the way it was before. So, I think that's important to understand. There are a number of goals and objectives in the plan probably that will never be realized. I know that there is some emphasis on live-work units and those have never particularly succeeded. I mean Bound Crossing -- or not Bound Crossing, there is some in east Boise that tried them and they didn't work. There is also some emphasis on, .you know, residential over retail and I know that Bound Crossing did try that and Derrick O'Neal told me he would never do it again. So, I think that those are, you know, kind of interesting planning tools, but you got to realize in the context they only are successful in very very unique places and I -- I don't think that Ten Mile is probably going to be conducive for that. My point is it's a good thing to push the envelope, it really is, and I appreciate that, but, then, you always take that in the context of what can be successful in the marketplace and I think this Council does a very good job of recognizing reality and recognizing that, you know, dealing with reality is -- and I think you do a nicer job of dealing with realities, as opposed to some other communities, so I compliment you for that. And, finally, I think it's important to realize that there are really three different unique quadrants in this interchange area and it's -- I think it's important to keep them somewhat distinctive, otherwise you're going to have a big battle or tug of war between the types of users -- and you will probably get sporadic development, you know, one will go here, one will go there and one will go somewhere else and you will never get the momentum or cohesiveness that you're hoping for. Does that mean my time is up? De Weerd: It means you can summarize. Turnbull: Okay. Well, that's -- I could probably discuss those three different quadrants in a little more detail, but I'll just summarize by saying I known Luanne and Brad for a number of years. I think Luanne was instrumental in bringing the Catholic Church to Meridian and Chinden. I think that's been a really positive thing for the community. I understand your reluctance to provide zones without more details and maybe you do have the tools to deal with that in development agreements and I trust this Council will Meridian City Council December 6, 2011 Page 22 of 55 make a fair and pragmatic decision -- whether that's tonight or whether it's after future consideration, as Sonya has mentioned. So, I will stand for any questions. Thank you. De Weerd: Thank you. Rountree: Madam Mayor? De Weerd: Yes. Rountree: David, I'll give you an opportunity to talk about those distinctions between the three different quadrants. Turnbull: Yeah. Sure. On the southeast quadrant, for example, that's owned by a couple of individuals, one is John Arrillaga. John Arrillaga owns probably half of Silicon Valley and I think that his plan there is focusing very much on that type of -- you know, we did Boise Research Center and I think he's planning on a Boise Research Center type of development. In conversation with them -- and I think that's something that the city really needs to go after and leverage his contacts and his expertise there and, you know, perhaps we can pull in some of that Silicon Valley business opportunity, but, you know, he mentioned to me at one point -- he said that, you know, in the Silicon Valley in San Jose there at the intersection of two major freeways he said .you're still looking at, you know, one, two and three story building. So, if there is an idea that we are going to get, you know, tall buildings and a lot of parking garages, that's probably something that's not going to happen in any of our lifetimes. The property that we own is I think naturally the sort of the retail epicenter of that intersection, because it is on the going home side and it's the right-hand turn. I mean that's just the way the rules work. That's where the major retailers like to go and so -- and, then, over on the -- on the northwest corner you already have an application that is approved for a lot of high density employment and, you know, some mixes of uses, but I think the anchor there is probably the high density employment. So, I guess my point is if one's trying -- it probably makes sense to target those areas, so that each one of them them has a chance of success and that they can attract those users and gain momentum and so that's kind of the way I view that whole area out there. Now, I would say, too, that we have -- you will get an application from us to digest here in a couple of months, much like when we've done any kind of new development -- like when we did Mill District at Harris Ranch and nobody had done alley-loaded product in this valley for -- since the north end, maybe, and we went to Celebration in Orlando, Florida. We went to Harbor Town in Mud Island in Memphis, Tennessee. We went to the Kentlands in Washington D.C. We went to Orenco Station in Portland. And we took tape measures and we took photographs and we looked at things that we thought would work in this valley and we saw things we were pretty sure wouldn't work in this valley, but we saw things here and things there that we thought we could incorporate and, you know, what we came up with, because of that market research and it was a very successful development that we are proud of, we have spent the last several weeks making some similar trips regarding our property on -- you know, we spent -- two weeks ago we went to California and we traveled from Sacramento to San Diego and we looked at some amazing projects and Meridian City Council December 6, 2011 Page 23 of 55 some of them we thought, boy, we wish could do this, but, you know, we are just a few million people short and maybe 100,000 dollars additional median income for making something like The Grove in Beverly Hills or Santana Road in San Jose work here in Meridian. So, that's the realities we are dealing with. But in that process we saw some really neat concepts that we think we can incorporate and you will see those coming forth in our plan. In fact, I just had one -- Matt just had one e-mailed to us while we were sitting here. So, we are working on that. But that's the kind of process we are going through. Next we are going to Colorado to look at some others. So, you know, think that that's something that Meridian city recognizes, they recognize the marketplace and they recognize the need to provide the basis for a successful development, because, you know, it takes -- let's face it, if something gets built you sure want it to succeed, otherwise, you have got another problem on your hands. De Weerd: So, no Rodeo Drive, uh? Geez. Turnbull: Maybe my grandchildren will have that opportunity. Bird: Or get the income up. De Weerd: Any further questions from Council? Rountree: No. Thank you, Mayor. Turnbull: Thank you. De Weerd: Thank you, Dave. Additional testimony? Schultz: Good evening, Mayor and Council. My Warne is Matt Schultz, Schultz Company at 5463 South Acheron in Boise. De Weerd: Thank you. Schultz: I'm here on behalf of the Baraya Subdivision. I heard my name mentioned by Becky, so I -- I'm going to have to talk. I was hoping to -- De Weerd: You didn't have to. Schultz: I know. It could have went either way. But I wanted to kind of comment on things. I did get out to come just to make sure that everything was okay as it relates to the Baraya Subdivision, which we -- it was June of 2007 since we got that approved and annexed. We were the first annexation into the -- into this mile and we were part of the Ten Mile plan. De Weerd: Uh-huh. Meridian City Council December 6, 2011 Page 24 of 55 Schultz: It was probably a year later than we wanted, but we -- we got through it and you guys approved it and it does match your plan. I did look at their application and I did see what they proposed as a little bit of an addendum, if you will, and we don't have any problem with that as -- especially as it relates in the far west side of them, how it transitions better with some residential and we always knew that there was going to be something more intense to the south, just didn't know exactly quite what. I always kind of knew in the back of my mind it wouldn't quite end up like the plan, you know, as a guideline, that it would be something -- something similar and I think this -- this could work. I just want to comment more on some specifics. I never did see the final final iteration of how that north-south collector intersected Baraya and if you look at it close it's pretty -- pretty complicated geometry going on there with some roundabouts and curves and things like that and you can't see it at the high level, but if you zoom in -- if you zoom into here -- we never got a chance to look at how that might affect us exactly right there. You know, it may look pretty small on here, but when you get down to it that might take out a -- the back end of a -- you know, a four unit townhome. We are just not quite sure. So, if you do decide to move on, you know, we would like you to maybe condition it that we -- we look at the exact geometry there and make sure there is not an adverse impact to anything that we do have preliminary platted already in that area and we are just here to get along and, hopefully, work together to get something that benefits everybody and doesn't adversely impact anybody on the same -- you know, on the other hand as well, so with that, thank you. De Weerd: Thank you, Matt. Council, any questions? Bird: I have none. Rountree: I have none. De Weerd: Okay. Thank you. Further testimony? Okay. Becky, would you like to close this? McKay: Thank you, Madam Mayor, Members of the Council. To answer -- kind of answer -- De Weerd: Again, if you will just state your name. McKay: Oh. Becky McKay. De Weerd: Thank you. McKay: I'll kind of try to answer Matt's question. As far as the geometry of the proposed right of ways, obviously, that -- the rotary location and so forth, you know, has not been solidified up there to the north. You know, we -- before the right of ways are dedicated we kind of have to meet all together as a group again. Initially there was roadway that ran along their -- the south boundary of that property. It didn't fit in very well, because you ended up with two roadways parallel with the each other. So, as far Meridian City Council December 6, 2011 Page 25 of 55 as the rotary location I'm not -- you know, we can't move it south, because it will get too -- it will be too close to the other rotary, so it may workout best if it's just like a three legged intersection on the north adjacent to Baraya. But we definitely will be coordinating with them on it. As we have Meridian 118, they gave us their new layout. We did adjust to match up to theirs on -- Sonya, can you go back to the last slide? Watters: On your presentation? McKay: Yes. Watters: I'm having difficulties. McKay: I'm glad I'm not the only one. That one works. Yeah. Yeah. They ended up with a cul-de-sac. I didn't touch it. Meridian 118 ended with a cul-de-sac where -- that was -- Watters: Sorry. McKay: There it goes. Watters: You might have better luck advancing it on your side over there, Becky.. McKay: Okay. There we go. Watters: There. Now it's going. McKay: Meridian 118 ended up with a cul-de-sac at this location and, then, eliminated this section right there. There we go. No. So, we have been coordinating with them. Obviously, when they get through the preliminary plat process, you know, here within the next 30 to 45 days, you know, we will know more about at what points do we need to intersect with them. I ask the Council not to remand this application back to the Planning and Zoning Commission. The application submitted was a more intensive zone of C-G than -- than the C-C, the TN-C, as is proposed now. It has always been acceptable if you agree on a lesser zone that you don't have to go back to step number one and start over, if you can find a compromise, which we have done many times. We feel that the TN-C and the C-C -- all these zones they make sense. It's my hope that somebody big comes in and buys these parcels and we see a large development out there. That would, obviously, be the -- the best case scenario. But these parcels we are providing for them to develop independently of each other if that's how it ends up. We are providing the roadway network. This is the first time we have ever done this. This is new territory for us, for the agencies. ACHD is going to accept these right of ways without improvements. Obviously, contingent on whoever utilizes the right of way or needs them first would go in and construct. This is by far the superior I think solution to our -- to this situation and we can put everything to rest as far as these condemnations are concerned and move forward and really start planning for this Ten Mile area. The staff had a quote in the Meridian 118 or Meridian Crossing staff report Meridian City Council December 6, 2011 Page 26 of 55 concerning the land use map of the Ten Mile specific plan and they said -- may I quote: The lines on the land use map are flexible. These lines should adjust and evolve. What we are proposing is consistent with the Comprehensive Plan. The C-C zone, the TN-C, the HE, all of those are an acceptable zoning within those designations and the -- the difficulty we have had with this -- and I will conclude -- has been that there are so many different designations it's like a juggling act and so I think we have done the best we can to request the most reasonable zones. If we stick a nonreasonable zone on this property I don't think it can develop. I just -- the limitations of that TN-C up there at the intersection, Ten Mile -- I mean a traditional neighbor, that's not the place for it. It should be to the west in the interior and that's where we are providing that TN-C. I ask the Council to, please, support this application and allow us to wrap it up, please. De Weerd: Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Would you run through again your comment about the two story buildings and what -- what is it that you prefer? McKay: Yes. In comparing the TN-C with the C-C, the Traditional Neighborhood Commercial and the community business district, the TN-C in the ordinance limits the square footage for any commercial footprint adjoining astreet -- public street to 20,000 square feet and at the same time it mandates that -- or, I'm sorry, 20,000 square feet with -- it mandates two stories if you adjoin a street. And -- let's see. Zaremba: I think I'm getting it. And the C-C allows you greater flexibility -- McKay: Whereas the C-C -- the C-C gives us more flexibility. If somebody wants to build a, you know, 20,000 square foot retail center, for example, I have to -- and they want to be by the street where the signal is, where the major parkway is, I have to build two stories. So, if they don't want like mixed use, say office or multi-family, integrating the building, then, they couldn't build there. The TN-C talks about pedestrian oriented. You can have pedestrian oriented in the C-C. Nothing says these development standards can't apply to each zone and they do. I mean you have set forth the design standards and each zone, regardless of zone, is going to have to design their site plans accordingly. So, I guess that's what I'm getting at. The TN-C at your high traffic corridor joining Ten Mile Road doesn't make a lot of sense from a planning perspective. And the C-C is in the interior also. I mean I'm transitioning just like I think they envisioned in the plan. Any other questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council December 6, 2011 Page 27 of 55 Rountree: Yeah. Becky, a couple things that are still not clear to me. What issue is it that you're trying to solve for the transportation department? McKay: Right now the condemnation -- the three different condemnation cases are kind of on hold. They have been reporting back to the judge on what is the status. They reported to the judge that we are working on an agreement or a solution where all parties would end these condemnation cases, provide the right of way, ITD puts up the 458,500 dollars with ACRD, everybody -- ACRD accepts unimproved right of way. Everybody comes together. And part of that process was annexing into Meridian. So, the properties are in Meridian, they are annexed, zoned appropriately and they have a development agreement. So, it was like a packaged deal. If this application is denied, then, that puts us back to square one. You know, they -- it's -- if they -- if they don't have some -- some type of zoning where they can feel like, yes, you know, we will go ahead, we will dedicate the right of way, we can't facilitate the development of the section. Meridian 118 can't even develop. What ITD was taking is not sufficient to build a seven lane intersection and a -- a four lane parkway type collector. So, the Janiceks are having to provide even more right of way under my calculations another acre just on the east-west street, so -- and, then, we -- and, then, they need anorth-south connection. Obviously, they would coordinate with Baraya. At one time Matt said that, you know, if everybody else was going to dedicate these right of ways, that they would, obviously, you know, coordinate that. It's in their best interest to get the collectors built, too. So, that -- that's what we are trying to resolve. To end the lawsuits. And I have got the property owners to agree and that -- you know, everybody has different opinions. Sometimes it felt like herding cats. But it was all worth it if we can put all this together and I feel that a development agreement is definitely the mechanism in which you guys can add conditions that you feel comfortable zoning this. And it's in compliance with the comp plan. Thank you. Rountree: Madam Mayor. Again, Becky, in terms of a DA, how flexible are your clients with respect to the -- how stringent a DA might be with respect to uses in a C-C? McKay: Madam Mayor, Councilman Rountree, Idon't -- I don't believe we discussed restrictions, you know, on different uses in your ordinance. We did provide them with lists of the different zones, so they knew exactly they allowed as -- and what was conditional. But we haven't specifically talked about that. They do understand that a development agreement is required by the Council that there will be conditions that apply to these properties, because the city is -- is, basically, annexing them with a transportation plan, as you may call it, and, obviously, site specific site plans will be required. Rountree: I guess my question is there a willingness with respect to that question for your applicant to sit down with staff and explore those opportunities or potentials? McKay: Yeah. I mean we could sit down and go through them. I guess we would need some direction on the staff as far as, you know, what particular use within the C-C Meridian City Council December 6, 2011 Page 28 of 55 would not be appropriate. We are surrounded by C-C on the west and on the south. I'm just trying to -- you know, if -- Rountree: I guess I just say that as opposed trying to do it here. McKay: Yes. Rountree: Because you know where that will go. McKay: Yes. Yes. That's -- yes, sir. Yeah. If the Council -- if that's -- you know, the Council would like us, you know, obviously, the development agreement is going to have to be written up, sit down with the staff prior to legal writing that development agreement and try to hammer some of these things out. Obviously, we are a willing party. De Weerd: Mr. Nary, have we written or prepared a development plan without a concept plan before? This provides a big challenge. Nary: Madam Mayor, Members of the Council, probably the broadest ones we have had -- Southridge, we had some large parcels if you recall, that were undefined and not the portion that's Center Cal, but the other portion of the Kleiner parcel, the portion on the west side of Eagle Road was annexed without a concept plan. So, there was not any -- basically anything on that parcel requires Council action to do anything, so -- so, those are the only two I can think of. They are very general. It does take awhile to get the language comfortable for both the city, as well as the applicant, but those are the only two I can think of. And Southridge had some general concept of what would go in those large -- I think mega parcels was the term they used back then. They had general concepts of what were allowed or what limitations would be restricted for that zone. So, which uses wouldn't be allowed is usually where we start. So, if you adopt a specific zone, but you don't want certain uses that might be allowed generally, then, that's probably the starting point for some of those as well. De Weerd: I guess I would ask staff -- have you had ample time to evaluate the change? Watters: Madam Mayor, Members of the Council, no, we just received the applicant's request for a change in zoning on Friday. So, staff has not really had adequate time to thoroughly go through it and prepare development agreement provisions. De Weerd: Okay. Council, any other questions? Bird: I have none, Mayor. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council December 6, 2011 Page 29 of 55 Zaremba: I would venture an opinion, but first let me say that I appreciate that there are several property owners working together on your part of the project and I also appreciate that you all our communicating with the property owners around you. I think that always arrives at a better solution than individual pieces and I appreciate your doing that. I will have to say I don't have particular heartburn with the request to have C-C at Ten Mile. As Mr. Turnbull pointed out, we have a little different situation right now than we had when this plan was originally adopted and there may very well be some adjustments we need to make. We have had other applications in other areas where a plat was even established and somebody's come back and said, you know, that doesn't really work right now, we need to make some adjustments and we have listened to those and I think agreed with many of them under the new circumstances. So, even if our direction is that you're -- we are not going to rule on this tonight, but that you would sit down with staff, I would venture the opinion that I have no problem with discussing the C-C and I appreciate you're doing the TN-C on the west end and that's my personal opinion. De Weerd: Any further comments? McKay: Just one comment. I guess if it's the Council's desire we meet with the staff, I wouldn't like them to push this out too far, because the judge is leaning on the attorneys, either settle it or set a court date. So, you know, we are -- they are getting a lot of heat and if it falls apart, then, that's where it ends up is in the courts and that's what I'm trying to avoid. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I think the sit down with staff is just how fast can a development agreement be worked out when there is no concept plan and that may be up to you as well. McKay: Okay. And we would be glad to research the other projects that Bill mentioned that were annexed and zoned without a development plan to them to see what type of language, obviously, the Council was comfortable with on those applications. De Weerd: Anything further from Council? Bird: I have none. Rountree: Madam Mayor, I tend to agree with David, I'm really -- I'm pleased that people are working together on this and trying to make it work and I think we need to join that effort. I think there has been enough changes -- we could have the opportunity to remand this back to planning and zoning. I'm not inclined to do that right now. I would like to see some time spent with -- with recent information that we have been provided and staff has been provided to think through that, do the pros and cons versus Meridian City Council December 6, 2011 Page 30 of 55 what's in the comp plan, in the Ten Mile area specific plan, versus what's being proposed as a compromise and, then, try to come to some resolution with tentative development agreement language and that we can work through the -- the C-C zoning in the one sector there that's being proposed. But I'm not able tonight to recommend what you want recommended and what I would be recommending is not what you want. So, I think if we can continue this item, Madam Mayor, would be where I would like to go. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'm ready to make a decision on it. I'm like David, I -- I think that -- I think that we have an ordinance that tells what the use is in C-C and while we don't have a concept plan, we have passed DAs without concept plans before, while we don't like it, but I think this is something that is a step forward out there at the Ten Mile area. I think when Ten Mile was put in it was -- we were under a different economic base than we are now, so I'm not in favor of sending it back another time. Either up it or down it. De Weerd: Well, I think, Mr. Bird, those -- those other applications -- the change didn't come in a couple days before the action was taken and without the concept plan I think staff needs to have some time to really give it some thought and work with the applicant to make sure your development agreement has the various assurances in it to make sure that the surrounding property owners are also protected, so it's just -- Bird: Well, they do get time on the development agreement. De Weerd: Those were all recommendations as well from the Planning and Zoning Commission. So, anything further from Council? Zaremba: Madam Mayor, just on timing, our next week's meeting is our workshop where we normally don't hold public hearings. The week after that on the 20th is a normal meeting. We have canceled the meeting for the 27th, so if this is going to happen in the near future it needs to be continued to the 20th and I guess my question for staff and the applicant is can you work together on a DA to come back two weeks from now? I see some head noddings. Watters: I think we probably could. Would it -- if it would work for the applicant. Zaremba: I see the applicant nodding yes, I believe. Watters: I think we can make that work. Meridian City Council December 6, 2011 Page 31 of 55 Zaremba: Okay. In that case, Madam Mayor, I would move that we continue this item to our regularly scheduled meeting of December 20th for the purpose of developing a DA. Rountree: Second. De Weerd: I have a motion and a second to continue this to December 20th. All those in favor say aye. Any opposed nay. Bird: Nay. De Weerd: Okay. Motion passes. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. G. Public Hearing: RZ 11-004 Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 1.48 Acres of Land from the R-8 Zoning District to the R-15 Zoning District H. Public Hearing: PP 11-007 Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 148 Residential Lots and Twelve (12) Common Lots on 28.2 Acres in an Existing R-8 Zone and a Proposed R-15 Zone De Weerd: Our next two items are public hearings on RZ 11-004 and 11-007 as a preliminary plat for Item 7-G and H. I will open these two public hearings with staff comments. Parsons: Thank you, Madam Mayor, Members of the Council. Tonight I will be presenting the Chesterfield Subdivision project to you. The property is located on the south side of Pine Avenue midway between Black Cat Road and North Ten Mile. You can see here that the site is remaining vacant here. A little history on this property. Back in 2004 Council acted on and approved a planned development and a subdivision for this property. In 2008 they came before you and requested a time extension. At that time they did not want to comply with current requirements in the UDC and staff had recommended denial of that time extension. Council backed staff's recommendation and denied the time extension and so that's why we are before you again this evening. The applicant is proposing to rezone 1.48 acres from the R-8 zoning designation to the R-15 zone and, then, concurrent application is for preliminary plat that consists of 148 residential lots and 12 common lots. For illustrative purposes I have this slide before you. On the left-hand side you can see the old plat that was presented to you and, then, in the right-hand corner there is the proposed plat, with the exception of lot layout, Meridian City Council December 6, 2011 Page 32 of 55 these -- the new plat generally conforms to what was previously approved, just a few more alley loaded with the old version versus the new, but the applicant is, again, generally consistent with those requirements. With the new plat the applicant is proposing to designate ten percent space and provide two site amenities in the pocket park. During the Planning and Zoning Commission hearing there were some items of discussion there and so the applicant's drawn up a new exhibit to kind of explain to Council and also demonstrate to the neighbors that they are willing to -- to meet some of those -- the applicant's willing to meet the Commission's recommendations and comply with some of the concerns that they heard from the public and so what I have done for you is on the left-hand side you can see I have highlighted the area that they are proposing to rezone. That area is -- affects 12 lots. Really, the reason for the rezone is so that they can mirror the alley load lots that were platted with Chesterfield No. 1. So, from that point forward the applicant is remaining with the R-8 zoning designation and that leaves approximately 136 lots that will be single family homes. You can see how they mix up the open space lots. The periphery lots do generally comply with the. site requirements that are platted around the property, so there is a change there. And, then, during the hearing Commission wanted to make sure that the tot lot and the pocket park was constructed with phase three and so the applicant has indicated that they are willing to do that. I'd also point out that Commission had concerns with the traffic flowing through phase, given the fact that phase one would start at the. west boundary and moved .east and so as part of the. DA that staff is requiring with the rezone, we have added a provision in there that says they will extend Pine Street with phase two. The applicant also presented some elevations with the application. Staff has conditioned them to comply with these elevations. I think if I can move to the DA provisions really quick, the one -- the important thing to point out is staff has conditioned them to -- or at least Planning and Zoning Commission is recommending this as well, but they have also stated -- staff has also informed them that they would have to substantially comply with those elevations, but the important part here is that they would have to receive Planning Department approval before they would get building permits. I think -- I think last year staff went through the Meridian design manual and what we have been noticing is that some the residential homes throughout the city have been lacking some necessary design elements on some facades facing the street and common lots and so Council directed staff to move forward and try to come up with some provision in the -- some guidelines in the design manual to do that and I think the first DA provision does that. So, we want to insure that homes constructed in the subdivision are quality homes and had the appropriate design and comply with the design guidelines and the design manual. Also I wanted to point out to Council that Commission -- due to public testimony Commission was also wanting to limit the number of buildable lots in the subdivision and so that's why we proposed -- proposed DA provision number two, which restricts them to 148 residential lots and, then, again, open spaces tied to that, as well as the amenities and, then, the one big thing that was added in, because this is a rezone, is the Commission heard a lot of testimony from surrounding neighbors about overcrowding of amenities in the Castlebrook Subdivision and so Council wasn't inclined in adding amenities as part of the rezone application. What they thought the best way to combat that was to have the applicant create a separate HOA association -- homeowners association, so that they Meridian City Council December 6, 2011 Page 33 of 55 don't have rights to those -- privileges to those amenities in adjacent subs. So, as a DA provision, per the recommendation of the Planning and Zoning Commission, staff has added DA provision number four there that basically conditions them to, you know, create their own HOA and not be part of the combined HOA that's already currently out there and, then, given the fact of the traffic concerns out there, the Commission recommended a DA provision that Pine Street be extended through with phase two and that's also tied to the DA. So, moving through the -- again, Commission did recommend approval at the November 3rd Planning and Zoning hearing. In favor was Steve Arnold and Shawn Brownlee and Guy Coldwell testified as neutral. He was the HOA president for the Castlebrook Subdivision. A lot of folks came out in opposition. On your hearing I have noted quite a few applicants -- at least ahalf adozen -- a dozen or so there. I won't read you all the names, but it was pretty substantial and, then, also written testimony -- a petition was sent in with seven signatures and, then, also Chris Verkirk also sent in a letter in opposition, basically, stating that the pool amenity in Castlebrook was, basically, overcrowded with the additional homes and they had concerns with this subdivision coming online and using their pool facilities. So, key items of discussion by Council -- or, excuse me, by Commission included poor subdivision amenities and how could they separate the two HOAs, reconfiguring phasing plan in which the applicant did, so one was getting Pine with phase two and, then, getting the tot lot and those amenities with phase three. The applicant has agreed to that and, then, also the neighborhood concerns with traffic. and, again, the subdivision amenities.. So, key changes, again, like I pointed out to you, staff is recommending -- or at least Commission has recommended additional DA provisions, which I have presented to you and, then, in order to comply with -- meet the intent of those DA provisions staff has went ahead and initiated some changes to some conditions of approval as well in the staff report. Staff has received written testimony from the applicant since the Commission hearing. They are in agreement with the DA provisions as well. Staff has not received any other additional testimony from any of the adjacent neighbors or any of the public I should say. With the applicant's willingness to go forward with the DA provisions and provide a separate HOA for this development, staff is unaware of any additional outstanding issues for you. With that I would be happy to answer any additional questions you may have. De Weerd: Thank you, Bill. Council, questions? Mr. Zaremba. Zaremba: Madam Mayor. Bill, would you put on a -- something like that. That's what I wanted to see. Okay. So, the Pine Street extension that we are talking about doesn't totally make the connection between Black Cat and Ten Mile at this point, it just extends it farther than it is now? Parsons: Madam Mayor, Councilman Zaremba, you are correct. The reason why Pine Street stops there is that's where their property ends. Zaremba: Okay. Meridian City Council December 6, 2011 Page 34 of 55 Parsons: And that's where they have -- the other thing to keep in mind is before Planning and Zoning Commission the project was continued out three or four times and the reason for the continuance was ACRD, as part of their staff report or recommendation going forward on the plat, they were contemplating having the applicant dip Pine Street down and cut through those lots with phase three there. So, they -- they were almost -- they were contemplating having them extended to the eastern property boundary and also put half a road trust for a bridge. The applicant has worked with ACHD to remove those recommendations. Their commission has acted on it. This is what's been approved by their commission and I believe the applicant's put up a road trust for the remaining additional right of way when -- to ACRD when Pine connects through when that property to the north develops. They are proposing to do sidewalk -- extended sidewalk to the eastern boundary and I do think curb and gutter at this point. Zaremba: All right. Thank you. That would leave me with a question for the Fire Department and maybe the Police Department as well. Pine Street is still a cul-de-sac and we are generally disapproving of more than 50 homes without a second access and I'm concerned that this for awhile is going to function as a cul-de-sac and there is a lot more than 50 homes on it and I guess I would ask for an opinion from the Fire Department. Niemeyer: Madam Mayor, Councilman Zaremba, you are correct. That is our standard guideline that we use when Chief Palmer is reviewing these applications. We would want to hold true with that. I would encourage at this point Chief Palmer get involved and meet with the applicant to discuss this and look for alternative methods or means that we could use until the build out is done, if I'm following that correctly. Zaremba: I mean I can clearly see that eventually there will be more accesses, but I'm concerned about the near term. De Weerd: There are a lot of homes on Pine and this on the south side of Pine; is that correct? Parsons: That is correct. Bird: Between Pine and the railroad tracks. De Weerd: So, I guess I can understand what the concern is, because -- and I appreciate that Ada County Highway District was considering that road extension, because that is really needed at some point and I guess my question, too, would be to our Fire Department at what point that would be needed, because there is only one way out. Niemeyer: Yeah. Again, Madam Mayor, that threshold for the residential is the 50 homes when we start looking for that secondary access. Because at that point, if you have one access blocked in and subsequently out of that, we have no access to that. Meridian City Council December 6, 2011 Page 35 of 55 So, that 50 home threshold we do try and maintain that pretty strictly so we don't get blocked in or out. De Weerd: I think that that access on the far south has less likelihood than the extension of Pine. I mean where is it going to go? And I recall Mallard Landing is exactly -- Rountree: Same way. De Weerd: -- the same way. And since we got the majority of the phone calls and complaints in that area, I know what the people that live in that area think, too. Any further questions for staff at this point? Okay. Hi. If you will, please, state your name and address for the record. Arnold: For the record Steve Arnold, CK Engineers, 860 Headwaters, Eagle, Idaho. De Weerd: Thank you. Arnold: I think instead of going into a lot of the details that were addressed by staff, we have worked quite a bit with staff on -- on the issues that were brought up at P&Z and the -- the concerns with the .neighborhood. We have added the provision and we suggested the provision in the development agreement that limited this development's use of the other amenities within the areas that were of concern. The existing amenities that are in Castlebury apparently are being overused, so we suggested that we limit the -- our subdivision, the development agreement, and the homeowners association to be self contained. It will not be a part of the Castlebury Subdivision. But the extension of Pine Avenue, it was always planned that it was going to stub, basically, where it was proposed. ACHD will be extending it in the future as properties north and east of us redevelop. A key note here, based on the previous approval with this preliminary plat and I can tell you the developer for certain is wishing they went forward and complied with the UDC and got the time extension approved, because staff has changed over at ACRD, their issues has changed, and they have got some different requirements. But we are complying with all the conditions ACHD set forward. We are going to be providing curb, gutter, sidewalk to the eastern boundary -- and I would touch this, but I'm afraid that I will mess it up worse than before. But we have met with them, we have submitted a traffic study, a revised traffic study, dictating that the traffic within this area and the existing streets can handle it. The issue about the fire is a new one. That wasn't before a concern in the previous approvals, but I think if you had an aerial and you zoomed out, there are additional connections out through Castlebury, besides just Pine. There is either one or two extensions out there through the Castlebury Subdivision that would provide secondary access to the site. One key thing to note -- and we -- back in 2007 the Public Works Department met with this developer and constructed sewer and water in the existing alignments within the streets from Pine Avenue to our southern most boundary to the micropath that we are proposing. The alleyway has been constructed, which limited our ability and -- to develop those lots between the alleyway and that public street. Hence the reason we submitted the Meridian City Council December 6, 2011 Page 36 of 55 rezone application. The previous application was approved with a PUD. The first amenity that was provided in this subdivision is further to the west. Significant size tot lot. We were originally proposing a picnic table gazebo based on the concerns that the Planning and Zoning Commission had and the neighborhood had at the original meeting. We added an additional amenity which went above and beyond the subdivision requirements for the site of a tot lot and we submitted that to staff for their review and comment. I think we are in compliance with all of the staff requirements. I stand tonight before you to say that we will comply with the provisions on the development agreement and we will comply with all the conditions of approval in the preliminary plat. With that being said I will stand for comment. De Weerd: Thank you. Council? Yes, Mr. Zaremba. Zaremba: Madam Mayor, I agree there are -- if you go through the subdivision to the west, Ithink -- I'm not sure whether it exists or whether it's planned, but there will be other access to Pine. My issue with Pine is if something happened at Pine and Black Cat, everybody along Pine is stuck. There is no other way out. Even if you have a couple of ways to get to Pine it's Pine that's the cul-de-sac and we have a similar issue on Linder south of Overland -- south of Franklin as well where there is a lot of subdivisions that at the moment only have on way in and out and that's -- that's uncomfortable. Arnold: Shall I try to zoom? Zaremba: Yeah. The show that was there does show that there are other -- there are more accesses to Pine, which is good, but everybody needs to get down Pine to Black Cat. Arnold: Madam Mayor, Commissioner Zaremba, what you're not seeing here is that there -- that there is multiple connections Pine, but there is multiple connections out to Black Cat through Castlebury. Zaremba: Okay. Arnold: That would be -- the screen that I'm looking at just to the north and west. Bird: Two of them. Two more. Arnold: Just two. Bird: Yeah. Zaremba: That makes me feel better. De Weerd: Any further questions? Meridian City Council December 6, 2011 Page 37 of 55 Bird: I have none. Rountree: I have none. De Weerd: Thank you. I do have two people that have signed up on the public hearing sign-up sheet. Jill Ball signed up against. If you would like to provide testimony, please, come forward. If you will, please, state your name and address for the record. Ball: My name is Jill Ball and I live at 4100 West Hearst, which is in the Castlebrook Subdivision, which is across Pine from where they are talking about Chesterfield, and I'm in the last phase of Castlebrook and when we bought our home we had bought our home with an amenity in Castlebrook, a pool, and at the time when we bought it we were told that there was going to be two pools in there and, then, they later changed it, because of things that had happened and we bought our home in 2007 and shortly after we bought our home they annexed in Chesterfield, which is across Pine from us and we weren't told because the builder outvoted us as a neighborhood and so he just annexed in this other neighborhood and didn't not tell us and so our pool and our parks in our neighborhood are very overcrowded and the pool is built with a filter that's for a residential and not the commercial and so it's breaking all the time and they aren't fixing it and it's a big problem for our neighborhood and so now they wanted to add another 148 homes and so the neighborhood freaked out and that's why everyone's in opposition for it. Steve Arnold keeps talking about our neighborhood and saying that there is multiple Black Cat entrances. There is not. There is one. There is three on Pine, so the majority of Castlebrook comes out on Pine. Hardly any use the Black Cat entrance because of where it's located. From my house -- I'm in the very back of Castlebrook, so I come out on Pine, which is right across from where they are wanting to build this other part of the neighborhood and Pine is going to be a problem. It's a cul- de-sac and for the people in Chesterfield that's their only way out and he said that they could cut through Castlebrook and come out on Black Cat, if that entrance of Pine and Chesterfield -- I don't know what the Street is, but if that was blocked nobody in that neighborhood could get out and go through Castlebrook, which he is implying could happen and that couldn't happen, because of that street being blocked. There is a lot of traffic problems and where Black Cat and Pine run there is a blind intersection and so as a neighborhood we were trying to get them to fix -- like if you are going to add that many more homes you need to fix Pine. The -- I don't know the man's name, but the man who owns the parcel that is north of Pine and east of Castlebrook, he's not selling and he's not going to sell in his lifetime. So, it's going to be a long long time before Pine connects to Ten Mile. Along time. And they are wanting to have another 148 homes -- it's going to be a serious problem for the fire department, for the police department, for all the people that are associated in that area. It's a traffic problem. We have so many school buses that are coming through there and that's before they have built homes and half of -- the first phase of Chesterfield hasn't even been sold yet. They are built, but they haven't sold. They are sitting empty. So, they are wanting to build this many more. It's going to be a problem. Any questions? De Weerd: Thank you. Council, any questions? Meridian City Council December 6, 2011 Page 38 of 55 Rountree: I have none. De Weerd: Okay. Thank you. Troy Behunan. Signed up against. If you will, please, state your name and address and address. Behunan: Good evening, Madam Mayor and Council Members. My name is Troy Behunan. I reside in the Castlebrook Subdivision. I actually live near the Black Cat entrance into our Castlebrook Subdivision and just to balance off of what has already been talked about by Jill Ball, there is only one Castlebrook-Black Cat Road and there is really only two entrances into the main body of the Castlebrook Subdivision on Pine. One is directly across from the Chesterfield existing entrance and that's at the very very back of the subdivision. Just to give you an idea, when I bought my home a few years back I had no idea that there was any kind of plans to incorporate a subdivision directly across the street -- across the mid mile street across Pine and to give you a site and scope of this project, there is already 268 homes in Castlebrook. I don't know what the percentage is, but it's got to be very high of how many people use that pool in our subdivision. It's consistently and constantly busy. There is a lot of people that do visit. There is already a number of problems that already exist with the -- with the pool, one of which -- and of major concern to myself and several of the medical profession -- professionals that actually live in our subdivision .are .also nervous about it, about water borne illnesses and the pool is built at a residential standard. It constantly is needing attention. There is vandalism problems already with the 260 homes that are using it now and at some point we had to say how many homes is enough. If we were to leave it up to the developer we would have five or six more phases added to our subdivision without the need to build another pool or other amenities. That just isn't right. We are talking upwards of 450 homes using one pool that is already undersized. So, I'm here tonight just to insure that the condition that the Planning and Zoning has already recommended to this body -- this is a decision making body and through the use of a special use permit I'm here to see that that gets enforced and that it is in place, because of the dangers that are already associated with the existing subdivision and also to make sure that there is a provision in there that -- that there is some follow through, that there is a mechanism in place to ensure that it's not just an approval that's given at a hearing like this in front of a few people, but yet that there is some type of mechanism installed into the development agreement or into the approvals of this body that if things change afterwards that -- that something is done to accommodate that, notwithstanding -- and I know my time is up and I will wrap it up and I will make it short, but the use of Castlebrook Subdivision as a secondary access -- and I don't remember his name offhand -- the fire department at a very minimum there would be at least a quarter mile trip for anybody to go through the subdivision, like Castlebrook and use that as a subdivision or as a secondary turnaround. There is a minimum of five turns for any kind of emergency access or emergency vehicles or anything like that and, again, it's at least a quarter mile through a residential subdivision that is fully built out. So, I would have you -- I would recommend and like to suggest that something be done to accommodate this overlengthed, oversized -- or overbuilt cul-de-sac and also to implement something about the separate HOA. Thank you. Meridian City Council December 6, 2011 Page 39 of 55 De Weerd: Thank you, Troy. Is there anyone else who would like to testify? I do have a second sheet that has Shawn Brownlee. Okay. Thank you. Is there any additional testimony on this? Mr. Arnold, do you want to wrap this up? Mr. Nary, I guess while Steve is coming forward I think it's important to note on HOAs that we have very little influence on what HOAs can do and can't do. Would you care to comment on that? Nary: Certainly, Madam Mayor, Members of the Council. Just I guess for the record's sake, I think the recommendation by Planning and Zoning was that this simply -- this subdivision would be separate and apart from the existing HOAs and that's all really we have authority as a city to really do. We don't have the ability create either the covenants, conditions, and restrictions of the different HOAs or what's allowed by the different HOAs by their boards, but I think that was the only recommendation made by Planning and Zoning Commission is my understanding, so -- and that's the only thing within our real authority to do. De Weerd: And, Troy, I guess I would just note that we can approve -- we can accept P&Z's recommendation, but what happens after our approval is -- is a private matter. It's not something that the city can be involved in. And so I'm just -- I have been on an HOA board, it's a thankless job, but I just want to make sure that your HOA pays attention, because it's -- that's something that we can't help with. It's. a civil issue. So, just wanted to note that on the record. Okay. Mr. Arnold. Sorry. Arnold: Madam Mayor, Members of the Council, again, Steve Arnold CK Engineers. 860 Headwater. Going back to the entrances, there may only be one more entrance through Castlebury, but there is another out through another subdivision north out to Black Cat and, then, there is apparently another one out here to Cherry and I apologize if this was an issue I wasn't prepared to discuss tonight. As opposed to traffic I -- you know, I could sit here and bore the Council. I'm used to speaking about traffic-related issues. I can just say that we have submitted a traffic study and both Pine, Black Cat, all the intersections are operating at better than adequate levels of service, so I'll let the traffic study stand alone on that. As opposed to the homeowners association and the development agreement, I'm representing the developer tonight that's saying that they will create a separate association for that property and it will be a stand alone subdivision as Chesterfield. I think those will address the major concerns that the neighbors have. I think we have provided a subdivision that was far better than what was previously approved with additional open space, additional amenities. We are complying with previous conditions, we are complying with additional conditions imposed by the Planning and Zoning and we respectfully ask your approval tonight for this subdivision. I'll stand for questions. De Weerd: Council, questions? Rountree: I have none. Bird: I have none. Meridian City Council December 6, 2011 Page 40 of 55 De Weerd: You know -- and, Steve, I appreciate that you guys did a traffic study and maybe this is an Ada County Highway District question, but I have family members that lived in Castleford -- in that -- Brook. In that subdivision across from the pool. So, I know a little bit more about this whole ordeal than I would normally, but you can stack those cars trying to get out onto Black Cat quite a bit at certain points of the day and -- and it is a concern in particular, since we have gone through something similar in another part of our town. It needs to have good thought behind it before we put more homes out there. So, just a point of discussion. It's one thing, a study, it's another thing when you have to live it, so -- Arnold: Madam Mayor -- and I know when you sit at an intersection and you're used to going through it within two to five seconds that sometimes 19 seconds, which is the longest proposed delay time, appears to be a long time when cars stack and they're used to not having any stacking -- you know, ACHD sets these limits and standards that they impose on developments and that's what we design around, that's what we plan around, and we believe that we have complied with all standards of the conditions, along with all previous ones set. So, you know, sometimes it appears that traffic is worse than it is, but I have been out there at peak hour and I haven't experienced it. Maybe there was some different events that were occurring. De Weerd: Go out there on black ice and it changes, too. Arnold: I don't want to be anywhere on black ice. De Weerd: Okay. If there is nothing further from Council -- thank you. Council, any further questions for staff or applicant? Okay. Caleb. Hood: Madam Mayor, I was just going to take just one quick second to apologize for our technical difficulties this evening and let Becky off the hook. I realize she is not here now, but I don't think it's her fault. We are having some problems here and so I apologize for having to go low tech on some of this stuff and for it freezing up on all the applicants tonight and for the Council. So, we will -- I would reboot, but I'm afraid we would lose our live stream if we rebut the computer, so we are just kind of stuck. So, again, sorry. De Weerd: Thank you. Okay. Council, what's your pleasure? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we close the public hearings on RZ 11-004 and PP 11-007. Rountree: Second. Meridian City Council December 6, 2011 Page 41 of 55 De Weerd: I have a motion and a second to close the public hearings on these two items. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I will venture an opinion. This subdivision is not necessarily a new subject. We have seen it before and given it whatever approval has got it to this point. It's typical of the other subdivisions around it, so that isn't any surprise. I certainly would like to see Pine connected to Ten Mile sooner rather than later, but I do see that there is another way to access and I -- granted, most of the people are going to use Pine, that isn't real convenient to go the other way, but should there be something that happened that blocked off Pine and Black Cat it is possible to get in. So, to that respect I believe it does satisfy our requirements, in which case I would say that I'm in favor. Bird: Madam Mayor? Rountree:. Is that a motion? De Weerd: Mr. Bird. Bird: I have a problem. I think the other subdivision around there are R-8 and they are asking to be an R-15 now. We have aPine -- a one access, basically. The way the layout is is I don't know how we are going to get emergency vehicles in if there is any parking on streets. I don't know why that wasn't picked up earlier, but it's -- in my opinion Icould -- I could go for it if it stayed an R-8. I can't go for it with an R-15, because Ijust -- unless Pine ran through -- it would be something else to look at, but the density is too heavy for that one little street and we don't want to -- we don't want to be shoving traffic through other subdivisions that's already busy. De Weerd: Any further discussion? I don't have a motion, so it doesn't matter. You can talk all you want. Bird: I will try a motion if you want if somebody don't want to talk anymore. All sit here and look at each other. Rountree: Go ahead and take a crack at it. Bird: I would move that we reject -- disapprove of RZ 11-004 for the reason that I feel traffic flow is not ready for R-15 zoning. Rountree: I will second. Meridian City Council December 6, 2011 Page 42 of 55 De Weerd: Okay. I have a motion and a second to deny the 7-G, the rezone, and that's -- okay. Discussion? Rountree: Madam Mayor, I guess my question would be if it were to remain as it was originally approved would the maker of the motion support the project? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would support that, because we have already, basically, zoned it as an R-8 and what everything is. I just feel that we are, basically, doubling the density in there. So, yeah, Iwould -- if they come back -- or they -- they don't even have to come back if they stayed at the existing zone, do they? Zaremba: Madam Mayor? De Weerd: Mr. Bird, I guess the request is to rezone just less than one and a half acres to the R-15 and that is just because it backs up to an alley and it's -- Bird:. That's right. It's just that one part and the other stays at R-8, but I don't want that one part to even be R-15. De Weerd: Okay. Mr. Zaremba. Zaremba: Just to clarify -- and I think this is what the others are saying, no vote means that the previous approval still stands. Bird: Yes. Zaremba: Thank you. De Weerd: Okay. Any further discussion? Yes, Bill. Parsons: Madam Mayor, Members of the Council, that PDA has expired and there is no way to get back to that -- that plat layout with the current R-8 zoning designation and that's why we are seeking -- that's why the applicant is seeking the rezone. So, that -- that previous version of that plat -- they could get back to that, but they would have to rezone a larger portion to R-15 to get that lot configuration for the alley loaded lots. That would be the only mechanism to get them back to that configuration at this time. Or you approve the plat and they remove the alley loaded lots and have single family homes consistent to the R-8 standards. Also keep in mind -- and Mr. Nary can correct me if I'm wrong here on this, but if the rezone goes away is there any way we could still condition the plat that they segregate the HOAs or is that -- the rezone the only mechanism we could do that? Meridian City Council December 6, 2011 Page 43 of 55 Nary: Madam Mayor, Members of the Council, to answer Mr. Parsons, that rezone is the only method to create a development agreement requirement to separate that. Otherwise, it is just part of the other approval, so -- De Weerd: So, you get a slight increase in density with some assurance of separate H OA. Nary: Yeah. De Weerd: Essentially. Okay. So, if it's denied it reverts back to the previous approval? No. It just goes away. They would have to -- it would be a separate application coming back and, then, you can condition a separate HOA at that time. Parsons: Correct. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Let me ask a dumb question, then. Why are we doing a rezone if the existing one is gone? Parsons: In meeting with the applicant -- sorry, Madam Mayor, Commissioner -- or Council Member Bird. Right now those approvals have expired and in order to get -- they want to reentitle the property and in order to mirror the alley loaded lots that were already constructed and developed with phase one, they have to rezone a small portion in order to get to those lot sizes. So, with the R-8 zone the minimum lot size in that zone for attached product is 4,000 square feet. Those alley loaded homes are I believe 3,500, 3,600 square feet. If they were allowed to move forward with the rezone to R-15, the minimum lot size in that with the R-15 zone is 2,400 square feet, without any street frontage requirements. So, that gives them that flexibility to do that, to mirror those lots. De Weerd: I think, Bill, the question was if it expired is there even a plat to rezone or -- he wanted to know why it's being rezoned. Nary: Madam Mayor? De Weerd: If that -- oh, just the plat expired. Nary: Madam Mayor, Members of the Council. Didn't you say it was a PD, the previous -- Parsons: Correct. The plat and the planned development both expired. Meridian City Council December 6, 2011 Page 44 of 55 Nary: Yes. So, the planned development may have expired, but the property is still annexed is still annexed in the city and zoned in the city, it's just that the entitlement approval has expired -- Bird: Okay. Nary: -- just like a preliminary plat would have expired -- Bird: I understand now. Nary: -- and so that's what they are trying to reentitle. Bird: I understand now, so -- De Weerd: Clear as mud? If there is nothing further, Madam Clerk, will you, please, call roll. Rountree: Madam Mayor? De Weerd: Oh. Mr. Rountree. Rountree: I would propose a substitute motion that we -- given that discussion that we approve the -- the item. De Weerd: If you would just like to vote on it and -- Rountree: Okay. We can do that. De Weerd: Thank you. Rountree: I don't hear a second, anyway. De Weerd: Good. Okay. Madam Clerk, roll call, please. Roll-Call: Bird, yea; Rountree, nay; Zaremba, nay; Hoaglun, absent. De Weerd: Okay. The motion fails. MOTION FAILED: ONE AYE. TWO NAYS. ONE ABSENT. Rountree: Madam Mayor, I would move that we approve the request for the rezone of the 1.48 acres from R-8 to R-15. Zaremba: Second. Meridian City Council December 6, 2011 Page 45 of 55 De Weerd: I have a motion and a second to approve Item 7-G. Any discussion? Madam Clerk, roll call, please. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Hoaglun, absent. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. De Weerd: Okay. Item 7-H. Rountree: I'm not sure. Did you close the hearings? De Weerd: Yes. Rountree: Okay. Madam Mayor? De Weerd: Mr. Rountree. Rountree: I would move that we approve Item 7-H, PP 11-007, subject to staff comments, receipt of comments from the Fire Department and completion of the DA modification -- and DA modification. Zaremba: Second. De Weerd: I have a motion and a second. So, part of that motion to approve would include a phasing on when the secondary access is required. Rountree: With discussion with the Fire Department, yes. De Weerd: Okay. Any further discussion? Madam Clerk. Roll-Call: Bird, nay; Rountree, yea; Zaremba, yea; Hoaglun, absent. De Weerd: Okay. Issue passes. MOTION CARRIED: TWO AYES. ONE NAY. ONE ABSENT. Item 8: Department Reports A. Fire Department: Inter-Agency Memorandum of Understanding with Ada County for Continuity of Operations Plan (COOP) ~. Fire Department: Approval of Award of a Pass Through Agreement for "Continuity of Operations Planning Services" to Ketch Consulting, Inc. and Authorization for the Mayor to sign Meridian City Council December 6, 2011 Page 46 of 55 De Weerd: Thank you for joining us. Item 8-A is under our Fire Department. I will -- both 8-A and B. I will turn these over to Chief Niemeyer. Niemeyer: Madam Mayor, Members of the Council, thank you. If you will grant me, I will do this presentation from my laptop. That thing is scaring me tonight watching everybody go up there. What you have before you are two items that actually are intertwined, but they are a little bit separate, so we will discuss each one of them individually. The first is an interagency memorandum of understanding with Ada county for a COOP or Continuity Of Operations Plan and we do have Doug Hartman with us tonight patiently sat through and is here to answer any questions you may have from the county side. These -- this is a COOP plan, Continuity Of Operations. It's a plan the city does not have. It's an emergency planning and preparedness plan that can be utilized and should be utilized in the event that we have a number of things happen or could happen. City Hall shut down. An ice storm in which employees cannot make it to work, et cetera, et cetera. There is a number of things that could take place. Now, this plan and the fortuity of this plan was taken to our city emergency management committee, who discussed the merits of it and all agreed that this is a plan the city should have and currently doesn't. So, the memorandum of understanding essentially -- and Doug can certainly elaborate -- states that the county through the HSGP or the Homeland Security Grant Program is going to fund this COOP plan and that the city will receive the services for it. So, that is the initial. MOU that's before you in Item A. With that I would certainly stand for any questions. De Weerd: And Ada County is going through the plan. Kuna. City of Kuna is going through the plan, too? Niemeyer: I believe Meridian city, Ada county, ACRD, Kuna and -- Doug? So far. De Weerd: Okay. Council, any questions for Chief Niemeyer? Bird: I have none. Rountree: I have none. De Weerd: Okay. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move that we approve the interagency memorandum of understanding with Ada county for a Continuation Of Operations Plan, COOP. Rountree: Second. Zaremba: Second. Meridian City Council December 6, 2011 Page 47 of 55 De Weerd: I have a motion and a second to approve Item 8-A. Madam Clerk, will you call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Niemeyer: Madam Mayor, Members of the Council, Item B is the approval of an award of apass-through agreement with Catch Consulting. Catch is a firm that the agencies mentioned just previously have used. We researched their satisfaction with Catch and they all came back and said they did a great job. This is a firm that is used to giving input and giving guidance to developing these types of plans. Not much more to add to that, other than Catch will be the ones overseeing the plan and walking us through that. So, the pass-through agreement we did take it through all the right channels with Keith Watts and I believe Ted Baird reviewed that as well and they both agreed to it. De Weerd: Okay. Any questions? Rountree: I have none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we enter into an agreement with Catch Consulting for our COOP plan and authorize the Mayor to sign and the Clerk to attest. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-B. If there is no discussion, Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. De Weerd: All ayes. MOTION CARRIED: THREE AYES. ONE ABSENT. C. Planning Department: Community Development Block Grant (CDBG) FY2012 Budget Amendment for aNot-to-Exceed Amount of $230,715.00 De Weerd: Item 8-C is our Planning Department. I will turn this over to Lori. Meridian City Council December 6, 2011 Page 48 of 55 Den Hartog: Madam Mayor, Members of the Council, just bringing before you a budget amendment to include our program year 2011 grant award in the amount of 230,715 dollars. This is the amount related to the action plans for this current program year that you approved in August. It takes a little bit of time for Congress to act and release our funds, so even though we are a couple months into our program year, the funds have now been released, so we just are bringing forward a budget amendment to include those funds and to authorize expenditure of those when they become available in our line of credit. And, then, I have a few other minor things I just wanted to bring to your attention related to the program, since I'm here and I probably won't be back before you for a little while. The baby is due January 9, so it will be awhile, hopefully. Maybe sooner if we have our way, but anyway -- De Weerd: Wishful thinking. Den Hartog: It is wishful thinking. The other thing I wanted to make you aware of was that Congress passed the fiscal year 2012 appropriations for HUD, which will impact our next program year that I would come before you next spring and summer presenting -- the appropriations that Congress passed in mid November included a cut to HUD's budget, with an approximate cut to the CDBG program of ten to 12 percent. I talked .with our. Portland field office, they don't know exactly what that's going to look like for. our -- for the individual entitlement communities yet, but if it's at the upper end of that we would be just above 200,000 for our allocation next year. I just wanted to make you aware of this. We have talked internally about just bringing this to your attention and perhaps getting your thinking about what -- you know, is there a certain threshold that we want to think about reapplying or not reapplying for funding. So, I just wanted to make you aware of that. We are certainly keeping our eye on that and we may come back to you at a later date, perhaps in a workshop format to kind of discuss the pros and cons of continuing and at different thresholds. So, just wanted to make you aware of kind of what was going on with that. The cut wasn't any surprise. I think that's certainly the trend that we have been seeing at the national level. So, that was one thing. The other thing I wanted to bring to your attention was earlier this year the Council had approved an agreement designating the Ada County Housing Authority to act as its agent in the purchase of a dollar HUD home. That purchase was made successfully by the Ada County Housing Authority. They paid the dollar, plus closing costs they rehabbed the home for -- it was 30,000 dollars that they spent rehabbing the home. They put the home on the market and it was on the market for less than two weeks and they received an offer on it. They were supposed to close -- I haven't heard final. They were supposed to close the week before Thanksgiving. The sales price was just over 91,000 and it was aqualifying -- an income qualifying family. So, that's a success story and the Housing Authority will be using those funds for their housing programs in the community. So, I just want to say it was something different, we hadn't tried it before, and the housing authority has taken on the risk associated with that. But it seems like -- we are hoping to find out a little bit more about the family and to hear about that success. And, then, the last thing I wanted to update you on -- we had started the resident housing and community survey. That's been on our website and we Meridian City Council December 6, 2011 Page 49 of 55 have reached out in a variety of ways to our community. That's going to close on the 16th of December and we have over 300 responses already. So, we are pleased with the response rate that we have been seeing in the online version and, then, in the mail- in version. So, those were just a few things I wanted us to bring to your attention. Thank you. De Weerd: I promise I won't say I'm shocked, so I won't. Any questions? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Thank you for all that and I may have gotten the answer to this before, but I will ask again. On the HUD houses -- congratulations on that one working, by the way. But do they have any kind of a deed restriction -- if they sell a house to somebody that qualifies for 90,000 dollars, do they have any restriction that prevents them turning around a month later and selling it for 200,000? Den Hartog: I believe so. I believe it's a five year -- I believe it's a five year restriction. I can follow up and check for sure, but I'm certain that there is a restriction on that. Because there has to be also for the agency to purchase it as well there is a lot of things that they have to comply with, but I believe that there is a deed restriction. Zaremba: I will accept your belief. You don't need to follow up. Thanks. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the requested budget amendment not to exceed the amount of 230,715 dollars CDBG grant monies. Zaremba: Second. De Weerd: Easy for you to say. Rountree: No, it's not. De Weerd: I have a motion and a second to approve Item 8-C. Any discussion? And my comment was about the survey, by the way. Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Meridian City Council December 6, 2011 Page 50 of 55 De Weerd: Thank you so much. And we want to hear the news when you have it. Den Hartog: I will let you know. D. Public Works: Resolution No. 11-828: Adopting All of Volume 1 and the City's Section of the Volume 2 within the Ada County Hazard Mitigation Plan De Weerd: Item 8-D is our Public Works Department, resolution number 11-828 and Kyle. Radek: Madam Mayor, Council Members, yes, this is a -- the resolution adopting all of volume one and the city section of volume two of the Ada County Hazard Mitigation Plan update. We presented this item on November 18th to City Council and had some discussion. There was a minor change that we requested and we have reflected in your packets in the initiative M5 and M6 and Council also requested that section five of the resolution make it clear that any previous plan versions were void upon adoption of the plan and that the language to make that clear has been included in the resolution by Emily in legal and so I guess with that I -- as stated a few minutes ago, Doug Hartman is here from Ada City County Emergency Management. who is the -- the driving .force behind this plan and the -- you know, one of the main purposes of the plan is that it enables us to seek hazard mitigation grant funding at the federal level for mitigation of hazards and with that I guess I will stand for any questions you have and Doug is available for questions and we are asking for adoption of the plan. De Weerd: Thank you, Kyle. Any questions from Council? Bird: I have none, Mayor. Rountree: I have none. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I'd move that we approve resolution number 11-828 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-D. If there is no discussion from Council -- and I don't see any -- Madam Clerk. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. Meridian City Council December 6, 2011 Page 51 of 55 De Weerd: All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 9: Ordinances A. Ordinance No. 11-1499: An Ordinance (RZ 11-002 Southridge Apartments) for the Rezone of 42.36 Acres of Land from the TN-R and R-8 Zoning Districts to the R-15 Zoning Districts by The Farran Group, LLC Generally Located South Side of W. Overland Road Midway Between S. Ten Mile Road and S. Linder Road De Weerd: Thank you, Doug, for joining us. Item 9-A is ordinance 11-1499. Madam Clerk, will you, please, read this ordinance by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 11-1499, an Ordinance RZ 11-002, Southridge Apartments, for the rezone of a tract of land situated on a portion of the northeast one quarter of the northwest one quarter and a portion of the one quarter of the northeast one quarter of Section 23, Township 3 North, Range 1 West, Boise Meridian, City of Meridian, Ada county, Idaho, and adjacent and contiguous to the corporate limits of the City of Meridian as requested by the City of Meridian, establishing and determining the land use zoning classification of 42.36 acres of land from the TN-R, Traditional Neighborhood Residential, R-4, Low Medium Density Residential, R-8, Medium Density Residential Zoning Districts to R-15, Medium High Density Residential Zoning District in the Meridian City Code, providing that copies of this ordinance shall be filed with the Ada county assessor, the Ada county recorder, and the Idaho State Tax Commission, as required by law, and providing for a summary of the ordinance and providing for a waiver of the reading rules and providing an effective date. De Weerd: Thank you. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? Seeing none, do I have a motion? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I have move we approve ordinance number 11-1499 with suspension of rules. Rountree: Second. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, roll call, please. Meridian City Council December 6, 2011 Page 52 of 55 Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. call De Weerd: All ayes. Motions carried. MOTION CARRIED: THREE AYES. ONE ABSENT. Item 10: Future Meeting Topics De Weerd: Item 10. I have one that I -- actually Caleb came up with as we discussed the Chesterfield Subdivision and in -- in light of experiences with Mallard's Landing and some of the subdivisions that are on that south -- southeast section of Franklin and Linder and this -- this new one off of Pine raises it -- what is the threshold for numbers of homes before you have an issue with egress and -- I am just curious about that, because, you know, we -- it might be good as a city to have the discussion on that, because I'm sure this is not unique, but might happen again in some instance in those constricted areas and its -- the question needs an answer as to how houses can safely be built before you get yourself in a real disaster scenario potentially? So, I would love to see if staff can maybe work with ACHD or -- we don't -- we probably don't have that many constricted areas in town, but it does concern me and right now we just don't have the tools to -- to talk about it more than just a gut feeling. Hood: And, Madam Mayor, I will bring that up probably as a workshop item. I mean I could answer some of that -- I mean roadway classifications will get to your egress and ingress requirements, so if its a collector it's built to handle more cars coming and going. If it's just a local roadway they do have a threshold. Typically it's 2,000 cars per day -- vehicle trips per day for a local street and it's up to 8,500 I think still for a collector and an arterial unlimited, essentially. You just keep adding lanes and keep widening it. But we can -- I can bring that up with ACRD -- and, again, we will have maybe a little workshop discussion on that and look at these two examples and maybe there is others and see what that threshold should be and what it is currently. De Weerd: Well -- and the concern, again, you see in the Waltman area that because ACHD won't build the bridge, that they are waiting for development to happen to build the bridge and it's hard to pencil those kind of things out, particularly if you see in what we just saw the areas to the north of Pine and to Ten Mile there is not too much open land left and who is going to bear the burden of having to build that bridge? It just -- it's concerning. So, yeah, a future discussion at some point. I certainly don't expect it by year end. Just -- just put it on your -- your growing list I'm sure of all things transportation. Hood: Okay. De Weerd: Any other items for future meeting topics? Bird: Madam Mayor? Meridian City Council December 6, 2011 Page 53 of 55 De Weerd: Mr. Bird. Bird: If this is it will be on a quarterly basis. I was approached by fellow councilmen and I also read the minutes from the meeting that I left early and I approached MDC and they voted unanimously of the board that every quarter that the administrator will come and give a five to ten minute update. While we want to stay divorced from each other, it don't hurt to have an update. De Weerd: Well, you have to be married to be divorced. So just separate. Bird: That's the thing you want to do. De Weerd: Well, very good. Thank you, Mr. Bird. Rountree: And thank you and I do recognize the separation there, obviously. We are not the same. But we do have a fiduciary responsibility potentially and it would be nice to have on the record and in the public that there is some dialogue between the city and Meridian Development Corporation. Bird: And to be truthful with you, Council and Mayor -- and the Mayor knows this as well as I do, if there is a problem the commissioners on the MDC aren't going to get called, it's going to be the five elected officials. Rountree: Yeah. Bird: And so you should have an update I feel. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I support that and appreciate that. I think not only -- I agree with -- we are separate entities and it should be kept that way. But I agree that not only we as responsible for the city, but members of our Planning and Zoning Department need to hear what they are doing and I think that would be a good report to make to us publicly. Thank you. Item 11: Amended onto the Agenda: Executive Session Per Idaho State Code 67-2345 (1)(c)(d): (c) To conduct deliberations concerning labor negotiations or to acquire an interest in real property, which is not owned by a public agency: (d) To consider records that are exempt from disclosure as provided in Chapter 3, Title 9, Idaho Code. De Weerd: Okay. Yes. We have Item 11, an Executive Session. Do I have a motion? Meridian City Council December 6, 2011 Page 54 of 55 Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(b) and (1)(d). Zaremba: Charlie and David. Yeah. (c) and (d). Bird: (c) and (d). I'm sorry. Rountree: Second. De Weerd: I have a motion and a second. Madam Clerk, will you, please, call roll. Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, absent. MOTION CARRIED: THREE AYES. ONE ABSENT. EXECUTIVE SESSION: (9:37 p.m. to 10:17 p.m.) Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we come out of Executive Session. Rountree: Second. De Weerd: All those in favor say aye? All ayes. Motion carried. MOTION CARRIED: THREE AYES. ONE ABSENT. De Weerd: Could I have a motion to adjourn? Bird: I move we get out of here. Rountree: Second that. De Weerd: All those in favor? MOTION CARRIED: THREE AYES. ONE ABSENT. MEETING ADJOURNED AT 10:17 P.M. Meridian City Council December 6, 2011 Page 55 of 55 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) MAYOR T Y D - DATE APPROVED `O~~Q,y,4HD AUCU ~~ 3 ~~EST~ ..iVl~ IDIAN CE L HOLMAN, CITY CLERK IDAMO 9 e Ste'" Changes to Agenda: None Item #7F: Ten Mile Annexation (AZ•11.001) Application(s): Annexation & zoning of 116.25 acres of land with a C-G zoning district Size of property, existing zoning, and location: This subject property consists of (3) individually owned parcels totaling 116.25 acres of land zoned RUT in Ada County, and is located at the NWC of I-84 & S. Ten Mile Road. Summary of Request: The application requests to annex all of the subject property with a C-G zoning district. A conceptual development plan is not proposed but a layout for collector streets within the site based upon the transportation system map contained in the TMISAP has been submitted that is consistent with the Plan. Staff recommended denial of the applicant's request to the Commission based on inconsistency of the proposed C-G zoning with the future land use designations of MHDR, MUR, MUC, HDE & PARK for the overall property. In the alternative, staff proposed zoning consistent with the FLUM that could be supported. The owners of the SJJV and the Fedrizzi properties were inagreement w/Staffs recommended zoning, however, the owners of the Janicek parcel were not inagreement w/Staffs recommended zoning. Commission Recommendation: Denial at the Sept. 1St public hearing Summary of Commission Public Hearing: i. In favor: Becky McKay, Engineering Solutions (Applicant's representative) ii. In opposition: None iii. Commenting: Chris Penland iv. Written testimony: Brad Boe (concerned about the proposed road alignment in relation to the approved concept plan for his property); Keven Shreeve (in agreement w/staff recommended zoning of H-E & C- Cfor the SJJV property); Richard & Patsy Fedrizzi (in agreement w/staff recommended zoning of C-C for their property) Key Issue(s) of Discussion by Commission: i. The consistency of the proposed C-G zoning in regard to the intent of the Ten Mile Interchange Specific Area Plan and the future land use designations for the property; ii. The appropriateness of C-G zoning directly adjacent to residential without a development plan (no transition in zoning/uses). Key Commission Change(s) to Staff Recommendation: i. None Outstanding Issue(s) for City Council: i. Since the Commission hearing, Becky McKay, the applicant's representative, has been working with the owners of the Janicek property to determine a zoning for the property that would be acceptable to the owners as well as incompliance with the TMISAP. The applicant now proposes TN-C zoning for the western 30 acres and C-C zoning for the eastern 44.5 +/- acres of the Janicek property along with C-C & H-E zoning for the SJJV property and C-C zoning for the Fedrizzi property. Written Testimony since Commission Hearing: Bradley Miller, Van Auker Companies Because the applicant has changed their request for zoning since the Commission hearing, Staff recommends that Council remand the application back to the Commission for review & a new recommendation based on the current proposal. Another option would be to deny the request as originally submitted. Notes: Item #7G and H: Chesterfield Subdivision (RZ-11.004 and PP-11-007) Application(s): - Rezone and Preliminary Plat Size of property, existing zoning, and location: This site consists of 28.2 acre(s), is currently zoned R-8, and is located on the south side of W. Pine Avenue, midway between N. Black Cat and N. Ten Mile Road. Summary of Request: At one time this property was part of the approved planned development known as the Chesterfield Subdivision. The PD granted reduced lots sizes and street frontages under the R-8 zone and provided a mix of internal alley loaded lots, southern periphery common drive lots and larger single family lots. In 2008 Council denied the time extension thus terminating the approvals. The denial of the time extension has lead to the submittal of the subject rezone and preliminary plat. The requests include the rezone of 1.48 acres of land from the R-8 zone to the R-15 zone for the western portion of the proposed plat to mirror the alley-loaded lots platted with Phase 1 and preliminary plat approval of 148 residential lots and 12 common lots on 28.2 acres of land. Lot sizes range from 3,600 square feet up to 9,417 square feet. Average lot size is 7,363 square feet. The gross density proposed with the plat is 5.25 dwelling units to the acre. The gross density proposed is less than the maximum density of eight (8) dwelling units to the acre. The applicant is proposing to phase the subject plat in six (6) development phases. In general, the layout of the new plat is consistent with the previous version regarding road layout, density and number of lots. The applicant is providing the 10 percent open space and two amenities: a tot lot and a covered picnic area. Both the open .space and number of amenities comply with the UDC requirements. Elevations will require Planning Department sign off prior to issuance of a building permit. During the public hearing, the Commission discussed the timing for the subdivision amenities, road improvements and the establishment of a separate HOA for the proposed subdivision. For these reasons additional DA provisions have been included for Council consideration. In addition, the applicant has provided a new exhibit to address the Commission's and the public's concerns. Commission Recommendation: approval at the November 3, 2011 public hearing Summary of Commission Public Hearing: v. In favor: Steve Arnold and Shawn Brownlee, Guy Colwell (neutral) vi. In opposition: Heather Wleiner, Josh Alvey, David Wright, Oleydi Wright, Michael Cichoski, Holly Wheelock, Troy Behunin, Jill Ball, Ryan Ball and Jim Escobar vii. Commenting: None viii. Written testimony: Petition from seven (7) Castlebrook Subdivision residents in opposition; Chris Verkerk in opposition Key Issue(s) of Discussion by Commission: iii. Subdivision open space/amenities and the timing of the amenities. iv. Organizing a separate HOA. v. Reconfigure the phasing plan to include the extension of Pine Street with Phase 2. vi. Neighbors concerns regarding traffic, amenities and the existing Chesterfield and Castlebrook HOA. Key Commission Change(s) to Staff Recommendation: i. Added several DA provisions to include the timing for the subdivision amenities and the amount of open space to be provided, a requirement for a separate HOA, the extension of Pine Street with Phase 2 and restricting the site to 148 buildable lots. ii. Several modifications to conditions of approval to support the new DA provisions recommended by the Commission (see Exhibit B below). Written Testimony since Commission Hearing: Steve Arnold, the applicant's representative gave verbal agreement to the conditions of approval and recommended DA provisions. Outstanding Issue(s) for City Council: None Notes: Meridian City Council etin MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFF TOI AGENCOY I APPL CANT I NOTES I INITIALS ~®®n ity ouncil etin r~~P~~ CLERKS oFF~cE F~n-aL acrion- DATE: I E-MSTAFD TOI AGENCY I APPL CANT I NOTES I INITIALS Il~ri ian City ®uncil Il~eein T_ .December 6, 2011 I`i' IVI 5C J T U ITEM TITLE: Approve Minutes of November 15, 2011 City Council Meeting MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTA D TOI AGENCY I APPLICANT I NOTES I INITIALS rialin ity ®uncillVltin Acceping the 2012 Initial Point Gallery Schedule MEETING NOTES ~~~~-~~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TOI SENT TO ( SENT TO I NOTES INITIALS STAFF AGENCY APPLICANT CITY OF MERIDIAN RESOLUTION NO. ,~ ~ r BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, ACCEPTING THE 2012 INITIAL POINT GALLERY SCHEDULE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Meridian City Code section 2-5-2(C)(2-4) charges the Meridian Arts Commission with stimulating awareness and appreciation of the importance of publicly accessible art and its benefits to the community, encouraging the growth and preservation of the city's art resources, fostering the development of a receptive climate for the arts, promoting self-sustaining arts programs within the City, and reviewing and advising the City Council on the aesthetic aspects of works of art to be displayed by the city of Meridian; WHEREAS, the City desires that public art will be a component of Meridian City Hall and to that end, the Meridian Arts Commission issued the Call to Artists attached hereto as Exhibit A, seeking proposals for the display of artwork in Initial Point Gallery, an art gallery on the third floor of Meridian City Hall; WHEREAS, on November 3, 201 1, the Meridian Arts Commission reviewed the responses to the Call to Artists (attached hereto as Exhibit C~, selected artists whose works are appropriate for display in Initial Point Gallery based on their respectively submitted proposals, and recommends to the Meridian City Council that such artists' work be displayed in Initial Point Gallery in 2012; WHEREAS, the Mayor and City Council find that the proposed 2012 Initial Point Gallery Schedule, as set forth in Exhibit B, will serve the best interest of the people of Meridian and all visitors to Meridian City Hall; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the proposed 2012 Initial Point Gallery Schedule, attached hereto as Exhibit B, are hereby accepted and adopted by the Mayor and City Council of the City of Meridian. Section 2. 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 6th day of Dec., 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 6th day of Dec., 2011. O4p,TEb 4Q G~ ATTEST: sy. k lman, City Cleric ROVED: ~1 /':~i ~ City of ~`~ E IDI~~'~ ~, ~D~Ho d ~ ~ V ~~ P r~'a°~+n° rnens°~~, de Weerd RESOLUTION ADOPTING 2012 INITIAL POINT GALLERY SCHEDULE Page 1 of 4 XIBIT .~ Meridian Commission Call for Ar~ist~s: ®1 INITIAL I N A Y SERI OVERVIEW: The Meridian Arts Commission (MAC) seeks proposals for the display of two-dimensional and/or three-dimensional artwork as part of the 2012 Initial Point Gallery Series, a series of one-month exhibitions in Initial Point Gallery. Initial Point Gallery is located on the third floor of Meridian City Halt (33 E. Broadway Avenue, Meridian, idaha), and is open to the public during City working hours, Initial Point Gallery provides 120 feet of total wall space for hanging two- dimensional artwork, and four enclosed display cases for three-dimensional artwork. MAC requests that artists voluntarily donate to MAC 20% of proceeds from sales of art displayed in Initial Point Gallery. ELIGIBILITY; Two-dimensional works displayed in Initial Point Gallery must be comprised of professional-quality, readyto-hang, original art; artwork on paper must be under glass or acrylic. Selectees must fill all or half of the gallery. Three- dimensional works may be of any medium, but must fit within the four supplied display cases, No artwork will be displayed which; cannot be safety hung or displayed using the gallery's equipment; requires unusual maintenance, handting, or security; or is disruptive or likely to offend the sensibilities of the general public. Each piece to be displayed will be evaluated for its compliance with these general requirements. Selectees will be asked to enter into an Acceptance Agreement with the City setting forth specific conditions of display. Selectees may reapply biennially. PROPOSAL REQUIREMENTS: Artists or organizations wishing to display work in the 2012 Initial Point Gallery Series must provide the following materials and information to MAC in order to be considered for selection. • Completed, signed Application >~ Acknowledgements form; • Biography of the artist or informational statement regarding organization; • Letter of intent; • Five (5) digital images representational of the works proposed for display, on a CD (for organizations, each image must be of a different artist's work}; and • $35 gallery maintenance fee (nonrefundable). Details and forms are available at the CiCy's website, http://www.meridiancity.org or upon request. Limited assistance producing digital images may be available upon request. Materials submitted cannot be returned. DEADLINE: All proposals must be received by MAC by 5:00 p.m. on Friday, October 28, 2011, SELECTION PROCESS: The selection of art for the 2012 Initial Point Gallery Series will be made by MAC. MAC will notify Selectees by letter sent U.S. Mail. In evaluating eligible proposals, the following factors will be considered; • Quality of work; • Appropriateness of subject and concept for a functioning government workplace; • Consistency with City policy and community values; and ® Contribution to aesthetic and cultural atmosphere of Meridian City Hall. RESOURCES PROVIDED UPON SELECTION: The City of Meridian will provide selected artists/organizations with the following resources: • Volunteers to assist artist/organization with installing and removing each piece of artwork; • Track system for hanging 2D art, using wires that are attached to hooks; • Four enclosed pedestals for 3D art, each approximately 24 inches square; • Space for artist information and/or an information board; and • Publicity of the exhibit through City contacts, local media, and other informational forums. CONTACT MAC: By mail: By e-mail: Meridian Arts Commission Attn: 2012 Initial Point Gallery Series 33 East Broadway Avenue Meridian ID 83b42 mac~meridiancity. org RESOLUTION ADOPTING 2012 INITIAL POINT GALLERY SCHEDULE Page 2 of 4 2012 INITIAL INT GALLERY SERIES ianuary 1/6/12 to 2/3/12 Reception 1/10112 el~rua. ` - - - =_ .~`;2~~'j12-~tQ~:I2':;12_ ;.. ;: s: ::, :...,. :_.....:_::r.. - - - - .. t .r12 ~ ~~.' March 3%2112 to 3/30/12 Reception 3/6/12 May 4/27/12 Co b/1 /12 Reception 5/1/12 _ I~, .,. P. - _ _ _ -- Juiy 6/29/12 to 8/3/12 Reception 7/3/12 ~Augist - =8%3I.1:2:t~8J~3,1°%~2':: ,. '....,.,._..: .; ce :: R ....:.. ...e.....tian 8.!7X1 ~::- September 8%31 /12 to 9%28/12 Reception 9/4/12 '~O.ctQbe`r~~` - --:;.;``:9.Iz87:1.2~iro;>7'I:`!Z%1:2; . • • - _ - - ._ .~J. .- - - - _ - - November 11/2/12 to 11/30/12 Reception 11 /6/12 Alternates: Laurie Asahara Cheri Myer Michael Berg Mark McGinnis Sherry A.F. Cann Lauren Kistner 1 Richard Lowe & Dwight Williams I Kathv Koska Art 1 Student 3-D Art Nampa Art Guild ~ Additional Panels ,.::.: ... Helen Wilson & Pat Fennell Helen VYilson ,... ,: .::.,. ...:...:... ... .. .M1.;,.......:. , ..:,:.:~:....:... Les Herman & Lori Seale Patricia Sadler Trainor RESOLUTION ADOPTING 2012 INITIAL POINT GALLERY SCHEDULE Page 3 of 4 XII'I' RESOLUTION ADOPTING 20 T 2 INITIAL POINT GALLERY SCHEDULE Page 4 of 4 ~__ _~ Q ~_-_ .'1 s i l 1. 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WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i. e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists families in obtaining decent, safe, and affordable housing solutions, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement. for the investment of CDBG funds from Program Year 2011 (PY11); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY11 CDBG funds in the amount of fifteen thousand dollars ($15,000) to provide direct homeownership assistance to help low/moderate income ("LMI") persons purchase homes. Specifically, Subrecipient shall undertake the following activities: 1. Subsidize mortgage principal amounts; 2. Pay any or all of the reasonable closing costs; and 3. Pay up to 50% of the down payment required by the mortgagee. B. National Objective. Subrecipient certifies that the activities carried out City's PY11 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall benefit LMI persons (24 CFR § 570.208(a)(2)(C)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve one (1) Unit of Service. For the purposes of this Agreement, "Units of Service" shall be defined as households assisted in the purchase of a home. PY11 SUBRECIPIENT AGREEMENT -ADA COUNTY HOUSING AUTHORITY PAGE 1 OF 17 SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND ADA COUNTY HOUSING AUTHORITY FOR. PY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this day of 20 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, a public body corporate and politic established under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Cornrnunity Development Act of 1974, Public Law 93-383, i. e. Comynunity Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists families in obtaining decent, safe, and affordable housing solutions, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for t11e investment of CDBG fluids fiom Program Year 2011 {PYl1); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A, Activities. Subrecipient shall use City's PY11 CDBG funds in the amount of fifteen thousand dollars ($15,000) to provide direct homeownership assistance to help Iow/moderate income ("LMI"}persons purchase homes. Specifically, Subrecipient shall undertake the fallowing activities: 1. Subsidize mortgage principal amounts; 2. Pay any ar all of the reasonable closing costs; and 3. Pay up to SO% of the down payment required by the mortgagee. B. National Objectirve. Subrecipient certifies that the activities carried out City's PYl1 CDBG funds provided by City raider this Agreement will meet one or mare of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall benefit LMI persons {24 CFR § 570.208{a)(2){C)). C. Levels of accamplisliment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve one (1) Unit of Service, lion the proposes ofthis Agreement, "Units of Service" shall be defined as households assisted in the purchase of a borne. PY11 SUBRECIPIENT AGREEMENT ADA CauNTY ~TGUSING AUTHORITY PAGE 1 QF X 7 2. Performance measures. This project will provide direct homeownership assistance to LMI persons. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: a. Number of households assisted and number of persons in each household; b. Income level and ethnicity of persons provided housing; c. Number of persons assisted who are frst-time homebuyers and the number thereof receiving housing counseling; d. Number of persons receiving down payment assistance and/or closing costs; and e, Amount of funding received by each household. A. Staffing not funded. Subrecipient agrees that no CDBG fiends will be utilized for staffing. E. Performance monitoring. City will monitor the performance of Subrecipient against goals and performance measures as set forth herein. Performance monitoring shall include City's review of Subrecipients' submitted documents for accuracy and completion, as well as an on-site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as detel.7nined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) oiler being notified by City, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall start on or before December 6, 2011 and end on September 30, 2012, The tern of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG fiends or other CDBG assets, including program income. G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the form and content as required by City, with every draw request. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain infol7nation on outcome-based measurements as outlined in this Agreement. II. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 5'70.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY11 CDBG funds in the amount of fifteen thousand dollars ($15,000} to provide direct homeownership assistance to LMI persons. City may require a detailed budget breal~down, and Subrecipient shall provide such inforrlation in a timely fashion, and in the form and content prescribed by City. PY11 SUBRECIPIENT AGI2EG+MENT ADA COUNTY HOUSINCI AUTHORITY PAGE 2 OF 17 2. Supplementation of other funds. Subrecipient agrees to utilize fiends available under this Agreement fo supplement, rather than supplant, fiends otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR § § 84.21 through 84.28, and fiu-ther agi'ees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non-Proft Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. S. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR ~ 84.21. 6. Subrecipient Qriea~tation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be Iirnited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 8. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 10. Closeout. Subxecipient's obligation to City shall not end until alI closeout requirements axe completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City}, and determining the custodianship of records. Notwithstandingtpe foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including PYl l SUBI21sC1PlENT AQREEMLNT-ADA COUNTY HOUSINGAUTH012I'1'Y PAGE 3 OF 17 program income. 1. ~. Audits and inspections. A11 Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time duruig noi~rlal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. hailure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concerning audits and as applicable, OMB Circular A-133. , Sub-recipient shall comply with OMB Circular A-133, Subpart B, Section 200(a} which requires that all non-Federal entities that expend $500,000 ar more in a year have a single or program~specific audit conducted in accordance with A~133. Sub- recipient shall be willing to allow inquires from the City about the sub-recipient's financial statements and single audit reports. If subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. C. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2, Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fiend and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4, Documentation requrred prior to transactions. As early as practicable, and not less than two (2) weeks prior to the completion of each transaction, Subrecipient shall provide the address of the housing unit under consideration to City far floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added PYl l SUI3RECIPIENT AGREEMENT AbA COUNTY I-TOUSINCr AUTHORITY PAGE 4 QF 17 expenses for the beneficiary or Subrecipient, or refusal of reimbursement by City. 5. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $15,000. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD farms and must be completed in full to be processed. All draw requests are to be submitted monthly, no later than twenty-one {21) days after the end of the month for which reimbursement is being submitted. Draw requests shall include the following: draw request form; progress report; beneficiary uicome eligibility documentation; transaction detail,l-IUD-1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than September 20, 2011 unless otherwise agreed in writing, 6. Funds transfer. Pursuant to 24 CFR § 570.503(b}(7}, upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts zeceivable attributable to the use of CDBG fitnds. 7. DUN5 number. Subrecipient shall comply with requirements established by the Office of Management and Budget {"OMB") concerning the Dun and Bradstreet Data Universal Numbering System {"DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and 'Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified.at 2 CFR part 170). D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment az~d shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with fiirzds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR § § 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval froze City prior to any travel outside the Boise metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following; PY 11 Si.IBRECIPIENT AGREF,MENT -ADA COUNTY HOUSING AUTI~YOItITY 1'AG~ S OF 17 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National OUjectives met for five {5) years. Ptusuant to 24 CFR § S70.S03(b)(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (S) years after expiration of this Agreement, Tf the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the culTent market value of the property, less any portion of the value athibuted to expendituures ofnon-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the f'ive- yearperiod. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under dais Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a) transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair marlcet value of the equipment Tess the percentage of non-CDBG funds used to acquire the equipment. F. Records and reports. 1. Records to be maintained. In addition to specific records mentioned ui this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those requured by the Federal regulations specified in 24 CFR § S70.S06, and: a. Full descriptions and records of each activity iuldertalcen; b. Records related to activities meeting the National Objectives; c. Records required to deternine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR §§ 84.21 through $4.28 and S70.S02; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part S2. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (S) years after the termination of alI activities fitnded under this Agreement, defined as the date of the submission of PYl1 SUBRECIPIENT AC3REEMENT ADA COUNTY HOUSINGAU'1'HORITY PAGE 6 OF 17 ~' City's final annual performance and evaluation report to HLTD. Records for non- e expendable property acquired with funds under this Agreement shall be retained for five (S) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year peI•iod, whichever occurs later. III.EMPLOYMENT AND LABOR CONDITION RE UIRENIENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with the land to be inserted in the. deed or lease fox such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in undertaking its obligation to cai~y out the program assisted hereunder, agrees to take. such meastues as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrmination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the kICDA are also applicable. Subrecipient will not discriminate against any employee or applicant far employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, maz•ital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgraduig, demotion, transfer, recruitment or recruitment advertising, layoff, tei7nination, rates of pay or other forms of compensation, and selection for trailling, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally-assisted program. City shall provide Subrecipient with any guidelines necessaly for compliance with that portion of the regulations in farce during the term of this Agreement. PY1 I SUBRECTPIBNT AGREEMENT ADA COUNTY HOUSING AUTHORITY PAGE 7 OT' 17 1). Affirmative Action. 1. Approved Plan. Subrecipient agrees that it shall be committed to car7y out puxsuant to City's specifications an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 19bb. City shall provide Affiz~rzative Action guidelines to Subrecipient to assist in the formulation of such progxam. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women and MinorityrtOwned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the tez7ns "small business" means a business that meets the criteria set forth in section 3(a) of the Szriall Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent owned and controlled by minority group members or women. For the ptupose of this definition, "minority group members" are Afro- Americans, Spanish-speaking, Spanish sm~Iamed or Spanish-heritage Americans, Asian-Americans, and American Tndians• Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of-the notice in conspicuous places available to employees and applicants far employment. 2. Soticitations for employment. Subrecipient will, in all solicitations or advertisements far employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 1 S, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the PYl ~ SUBRECIPIENT AGREEMENT ADA COUNTY HOUSING AUTHORITY PAGE 8 OF 17 beneflt of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.200(j). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kiclcbaclc" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request, Subrecipient fiuther agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, S and 7 gove>irling the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Urban Development Act of X968, ~.. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR fart 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal f nancial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be perfoi7ned under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD aild is subject to the requurements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701}. Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very Iow income residents of the project area and Agreements for work in connection with the project be awaxded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." PY 1 I S UBRECIPIENT AGREEMENT AAA COUNTY HOUSING AUTFIORITY PAGE 9 OF 17 3. employment of low- and very-low-income persons. Subrecipient fiutller agrees to ensure that opportunities for training and employment arising in cormections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to law and very-low income person residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to Iow and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concei~IS which provide economic opportunities to low and very low income residents within the service area of the neighborhood;inwhlch the project is located, and to Iow and very low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent eompliaiice with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understandmg, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice inconspicuous places available to employees and applicants far employment or training. 5. Subcontracts. Subrecipient wiIi include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where ft has xzotice or lmowledge that the latter has been found in violation of regulations under 24 CFR Part 13S and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. I. Conflicts of )Cnterest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611m, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govei~ the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real ar apparent, would be involved. PYl 1 SUIiR1CIPI1;NT AGRCLMLN'r AllA COUNTY HOUSING AUTHORITY PAGE X 0 OF 17 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in adecision-making process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1}year thereafter. Far purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. J. Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the malting of any Federal grant, the malting of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officex or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreenr~ent, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub-awards at all tiers {including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission ofthis certification is a prerequisite for malting or entering into this transaction imposed by 31 U•S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: PYl 1 SU)3RECI['IENT AGREEMENT ADA COUNTY HOUSING AUTHORITY PAGE 11 OF 17 1. Clean Air Act, 42 U.S.C. §§ 7401, et seg. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. § § 1251, et seg., relating to inspection, monitoring, entry repasts, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued therelander. 3. Envirozunental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes (including rebabilitation}. C. Lead~Based Paint. Subecipient agrees that any construction or rehabilitation of residential stzuctures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 3S, implementing Title X of the Housing and Comm~uiity Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608., Such regulations pertahi to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notification shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisonuig and the advisability and availability of blood level screening for children under seven,, The notice must also paint out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations fuzthex require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement maybe conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 19b6, as amended (16 U.S.C. § 470) and the pz~ocedures set forth in 36 CFR Fart 800, Advisor Council on Historic Preservation Procedures for Protection ofPropezties, insofar as they apply to the perfoz7rlance of this Agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITrONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States rizail, addressed as follows: City of Meridian Ada County flausing Authority Attn: Lori Den Haztog Attn: Jillian Patterson PYl ~ SUERECIPIENT AGREEMENT ADA CaUNTY HOUSING AUTHORITY PAGE 12 OF I7 CDBG Program Administrator CDBG Grant Administrator 33 E. Broadway Avenue 1276 •UV. River Street Meridian, Idaho 83642 Boise, ldaho 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. B. Compliance with laws. Subrecipient agrees to comply with ILUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the fiends provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part S2. C. Copyright. Contracts of agreements for the perfor7narice of experimental developmental or research work shall provide for the rights of the Federal Govei~rtnent and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cpoperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner,, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City frorn and for ail such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injuuy, death, and/or damage and/or destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. G. Insurance and bonding. Subrecipient shall caI•I•y sufficient insurance coverage to PYl 1 SUBRECIPIENT AGREEIvitrNT ADA COUNTY HOUSING AUTHORITY PAGE 13 OF 17 protect Agreement assets from loss due to theft, fraud andlor undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR ~§ 84.31 and 84.48. H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with fiends made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undeitalcen as part of this Agreement, such modifications will be incorporated only by written amendment signed by bath parties. J. Termination. 1. Notice of termination. Either party may terminate. this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other patty of such tei7mination and specifying the effective date theteol: 2. Partial termination... Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Worlc completed. In the event of any termination for conveiuence, all furished or unfinished documents, data, shidies, surveys, maps, models, photographs, reports of other materials prepa~•ed by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any tern of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD gtudelines, policies or directives as may become applicable at any time; PY11 SUERECIPIENT AGREEMENT ADA COUNTY HOUSING AUTHORITY PAGE 14 OF 17 b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c, .ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incot~ect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming, Tn the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15}percent of said Agreement fluids until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipienrt fiorn City under this Agreement naay be assigned to a bank, trust company, or other fzrtancial institution without such approval. Notice of any assignment or transfer shall be fiunished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Ptuchasing Policy and/or local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to asstue contract compliance. Results of mozzitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall furnish and cause each of its own subrecipients or subcontractors to furnish all information and xeports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and .Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City PYl l SUBRECIPIENT AGREEMENT ADA COUNTY HOUSING AUTHORITY PAGE IS OF 17 along with documentation concerning the selection process. IVY. Relocation, ~•eal properly acquisition, and one-for-one lxousing replacement. Subrecipient agrees specifically, without limitation, to comply with; Y. The Unifozm Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA}, and implementing regulations at 49 CFR Part 24 and 24 CFR. 570.606(b); 2. The requirements of 24 CFR 570.606{c} governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(d) goveY~zing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b}(2} that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient ceztitzes and agrees that no contractual or other disability exists which would prevent compliance with these requirements. ®. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any tenrz of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such tern, and any right or renrzedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. PY1 l SUBRECII'IENT AGR)/EMENT ADA COUNTY HOUSTNQ AUTHORITY PAGE I6 OF 17 IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT; STATE OF IDAHO ) Ad County Housing Auth ' y ) ss: f ~~~ ) t C ~~~~_ y o oun I HEREBY CERTIFY that on this '~"- day of ~.(~r.rM.~~ , :~ ~~ ~ By: Deanna Watson, Executive Director before the undersigned, a Notary Public in the State of Idaho, personally appeared Deanna Watson, proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year in this certificate first above written. -' ~ --~~- ` ~ Notary Public for Ida o Residing at ~,t ~ -~ Q /~ `--~ Idaho My o miss'on Expires: CITY: City of Meridian Attest: G'Gl-~-~~J ~O~,TED A uGVS T G~ ',9 3 ~' of Ci By: Tam y de Weerd, Mayor ry E IDIAN cee lman, City Clerk IgAN0 ~~ S " v ~~ ~~ yr~Q ~~ t h e T d 6 h~u~~, PY 11 SUBRECIPIENT AGREEIVIENT -ADA COUNTY HOUSING AUTHORITY PAGE 17 OF 17 1°i ian ity ouncillVletin Sub-Recipient Agreement with Sub-Recipient Agreement with Neighborhood Housing Services (NHS) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE_MSTAFFTOI AG NCY I APPLICANT I NOTES I INITIALS SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND NHS LENDING, INC. FOR PY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this ~ "day ofJ(1p , 20l ~ by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and NHS Lending, Inc., a nonprofit organization organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i. e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists families in obtaining decent, safe, and affordable housing solutions, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2011 (PY11); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY11 CDBG funds in the amount of twenty thousand dollars ($20,000) to provide direct homeownership assistance to help low/moderate income ("LMI") persons purchase homes. Specifically, Subrecipient shall undertake the following activities: 1. Subsidize mortgage principal amounts; 2. Pay any or all of the reasonable closing costs; and 3. Pay up to 50% of the down payment required by the mortgagee. B. National Objective. Subrecipient certifies that the activities carried out City's PY11 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall benefit LMI persons (24 CFR § 570.208(a)(2)(C)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve two (2) Units of Service. For the purposes of this Agreement, "Units of Service" shall be defined as households assisted in the purchase of a home. 2. Performance measures. This project will provide direct homeownership assistance to LMI persons. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: a. Number of households assisted and number of persons in each household; b. Income level and ethnicity of persons provided housing; c. Number of persons assisted who are first-time homebuyers and the number thereof receiving housing counseling; d. Number of persons receiving down payment assistance and/or closing costs; and e. Amount of funding received by each household. PY11 SUBRECIPIENT AGREEMENT-NHS LENDING, INC. PAGE 1 OF 14 D. Staffing not funded. Subrecipient agrees that no CDBG funds will be utilized for staffing. E, Pe~•formance monitoring. City will monitor the performance of Subrecipient against goals and performance meastues as set forth herein. Performance monitoring shall include City's review of Subrecipierrts' submitted documents for accuracy and completion, as well as an on-site visit from City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fauzteen days(14} after being notif ed by City, Agreement suspension or termination procedures will be initiated. F, Time of performance. Services of Subrecipient shall start on or before December 6, 2011 and end on September 30, 2012. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG fiends or other CDBG assets, including program income. G. Progress Reports. Subrecipient shall submit a regular Progress Report, in the farm and content as required by City, with every draw request. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on outcome-based measurements as outlined in this Agreement. II, ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 5'10.506. B. Financial Management. Z. Budget. Subrecipient agrees that it shall use City's PYl l CDBG funds in the amount of twenty thousand dollars ($20,000} to provide direct homeownership assistance to LMI persons. Gity naay require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, fluids otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and further agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred, 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A~ 122, "Cast Principles for Non-Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis. 5. Certification of financiaC management system, Payments shall be contingent upon I-IUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. 6, Subrecipient Orientation'VVorkshop, Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services PYl l SLIBRECTPIENT AGREEMENT-NHS LENI7nNG, INC. PAGE 2 OP I4 provided. Such data shall include, but not be limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. S. Disclosures. Subrecipient understands that client infol~n~ation collected under this Agreement is private and the use or disclosure of such infoiTnation, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties ptuchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 10. CIoseout. Subrecipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: malting final payments, disposing of program assets (including the retui~ of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City}, and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 11. Audits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and mare excerpts or transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30} days after receipt of such report by Subrecipient, Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with cm~ent City policy concei~ling audits and as applicable, OMB Circular A-133. Sub-recipient shall comply with OMB Circular A-133, Subpart B, Section 200(a) which requires that all non-Federal entities that expend $500,000 or more in a year have a single orprogram-specific audit conducted in accordance with A~133. Sub-recipient shall be willing to allow inquires from the City about the sub-recipient's financial statements and single audit reports. If subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. C. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the set-vice. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for 1'Y11 SUBRECIPIENTAGREEMENT---NHS LENDING, INC. PAGE 3 OF 14 eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. In addition, City reserves the right to liquidate funds available under dais Agreement for costs incun•ed by City on behalf of Subrecipient. 4. Documentation required prior to transactions. As early as practicable, and not less than two (2} weeks prior to the completion of each transaction, Subrecipient shall provide the address of the housing unit under consideration to City for floodplain and related environmental review. Failure to provide the address of the housing unit under consideration in advance of the anticipated close date may result in added expenses for the benef ciary or Subrecipient, or refusal of reimbursement by City. S. Draw requests. It is expressly agreed and understood that the total amouxat to be paid by City under this Agreement shall not exceed $20,000. Draw downs for the payment of eligible expenses shall be made against the activity specified, in accordance with perfor~raance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or IIUD foarrrs and must be completed in full to be processed. All draw requests are to be submitted monthly, no latea• than twenty~one (21) days after the end of the month for which reimbursement is being submitted. Draw requests shall include the following: draw request form; progress report; beneficiary income eligibility documentation; transaction detail, HUD-l, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than September 20, 2012 maless otherwise agreed in writing. 6. I~'unds transfer. ,Pursuant to 24 CFR § 870.803{b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 7. DiTNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") cancerrung the Dun and Bradstreet Data Universal Nturabering System ("DUNS"), the Central Contractor Registration database, and the Federal Funding Accountabilify and Transparency Act, including Appendix A to Part 2S of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 {Sept, 14, 2010) (to be codified at 2 CFR part 2S} and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. SS663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). D. Procurement. 1. Compliance with policies. Subrecipient shall comply with current Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with fiends provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR § § 84.44 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with fluids provided under this Agreement. E. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following: PY11 SUBRECIPIENT AC3xEEMENT-NHS LENDING, INC. PAGE 4 OR 14 1. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties purchased, improved or sold. 2. National Objectives xnet for five (5) years. Pursuant to 24 CFR § S70.S03(b}(7)(i), real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (S) years after expiration of this Agreement. If the use ofthe CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of ar improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received raider this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a} transferred to City for the CDBG program or (b} retained after compensating City an amotu~zt equal to the current fair market value of the equipment less the percentage of non- CDBGfunds used to acquire the equipment. F. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specif ed in 24 CFR § S70.S06, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; e. Records required to determine the eligibility of activities far CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; Financial records, as required by 24 CFR §§ 84.21 through 84.28 and S70.S02; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.644 and part 52, 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement fox a period of five {S) years after the ter7rzination of all activities fiuided under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five (S) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs latez•. III.EMPLOT~'MENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights A.ct. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as PY11 SUBRECIPIENT AGI2LEMENT-NHS LENDING, INC. PAGE 5 OF 14 amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 ofthe Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided tinder this contract, Subrecipient shall cause or require a covenant r'~tnning with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opporhuuties laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 706) which prohibits discrimination against the handicapped in any Federally-assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the team of this Agreement. D. Affirmative Action. 1. Approved Plan. Subrecipient agrees that it shall be committed to carry out puusuant to City's specif cations an Affirmative Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of fiends. Z. Women- and 1VYinority-Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the terms "small business" means a business that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51) percent awned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish- spealzing, Spanish sur~ranied or Spanish-heritage Americans, Asian-Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. ~. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with PY11 Sr7$rZ~CrYr~NT AGCtEEMENT -NHS LENDrNO, INC. PAGE 6 OF 14 which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. F. Prohibited Activity. Subrecipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. PoIiticaI activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement whll not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.200(j). G. Labor standards. Subrecipient agrees to comply with the requurements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti~Kiclcback" Act (40 U.S.C. §§ 276a, 276c, and 327};.and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient fiuther agrees that alI Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any building or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey worh~ers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipien of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing anc~ Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal f nancial assistance provided raider this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/or subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement tluough which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subeoutraet language. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance fiom HUD and is PYl l STIBRECIPIENT AQREEMENT-NHS LENDING, I?dC, PAGE 7 OF 14 subject to the regturements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for paining and employment be given to low and very low income residents of the project area and Agreements for work in connection with the project be awarded to business concerns that provide economic opportunities for Iow and very low income persons residing in the metropolitan area in which the project is located." 3. Employment of low and very-Iow-encome persons. Subrecipient further agrees to ensure that opportunities for paining and employment al7sing in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very-Iow income person residing within the metropolitan area in which the CDBCx-funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very law income participants in other HTJD programs; and award conpacts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to low and very low income residents within the service area of the neighborhood in which the project is located, and to low and very low ilicome participants in other HLTD programs. Subrecipient certifies and agrees that no contractual or other Legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section ~ clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or paining, 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take appropxiate action pursuant to the subcompact upon a f nding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the entity has f rst provided it with a preliminary .statement of ability to comply with the requirements of these regulations, Y. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611 m, which include, but are not limited to, the following: Y. Code of Conduct. Subrecipient shall maintain a wl7tten code or standards of conduct that sha11 gover~I the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or adminispation of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self interested contracts and nepotism. No persons who exercises or have exercised any functions ox responsibilities with respect to CDBGr-assisted activities, or who are in a position to participate in adecision-malting process or gain inside information with regard to such activities, may obtain a PY11 SUBRECIPTENT AGRBF.MENT -NHS LENDING, INC. PAGE 8 Or 14 financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG~assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For purposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. J. Lobbying. The fallowing certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing pr attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub- awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL CONDITIONS A. Air and 'Water. Subrecipient specifically agrees to comply with the following regulations insofar as they apply to the performance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seg. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seg., relating to inspection, monitoring, entry reports, and infoi~nation, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. Flood Disaster Protection. In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood Insurance Program is obtained and maintained as a condition of financial assistance for acquisition or construction purposes PY11 SUBRECTPIENT AGREEMENT-NHS LENDING, INC. PAGE 9 OF 14 (including rehabilitation}. C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 35, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint xequirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisfed housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paiirt. Such notification shall paint out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice mast also point out that if lead-based paint is found on the property, abatement measures may be undertaken. The regulations fut~lier require that, depending on the amount of Federal funds applied to a property, paint testing, risk assessment, treatment and/or abatement maybe conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U.S.C. § 474) and the procedures set forth in 36 CFR Paj.•t 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concurrence fiom the State Historic Preservation Officer for all rehabilitation and demolition of historic propel-ties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL CONDITIONS A. Notices. All notices required to be given by either of the parties hereto shall be in writing and be deemed conununicated when personally served, or mailed in the Uiuted States mail, addressed as follows: City of Meridian NHS Lending, Inc. Attn; Lori Den Hat•tog Attn: Joe Swenson CDBG Program Administrator CEO, Neighborhood Ilousing Services, Inc. 33 E. Broadway Avenue 1401 Shoreline Drive Mei7diail, Idaho 83642 Boise, Idaho 83707 Either party may change its authorized representative and/ar address far the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concerning CDBG funds, including, but not limited to, 24 CFR Part S70 and subpart I~ of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies govei~ing the funds provided under this Agreement, except that: (1} Subrecipient does not assume the recipient's envirozunetrtal responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Part 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for tlae rights of the Federal Govei7vnent and the recipient in any resulting invention in accordance with 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Fii7ns Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. PY11 SUBRECIPIENTAGREEMENT-NHS I,END]NG, INC. PAGE lO OF 1~ Subrecipient shall at all times remain an independent Contractor with respect to the services to be performed raider this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants rn Subrecipient's programming, shall hold hal~nless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injury to persons or property and/or losses and expenses caused or inctured by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/ox invitees, and participants in its programmning, and other costs, including litigation casts and attorneys' fees, arising out of, resulting from, ar in connection with the performance of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/or damage and/ar destruction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets from loss due to theft, fraud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. II. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing services under this Agreement. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change ir1 the funding, the scope of services, or schedule of the activities to be undertaken as pact of this Agreement, such modifications will be incorporated only by written amendment signed by both parties. .I. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such terrraination and specifying the effective date thereof. 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any ter7rrination for convenience, all f nished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the praperty of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such docuunents on' materials prior to the termination. P'Y1 I SUEnZECIPnENTAGREEMENT-NHS LENDING, 1NC. PAGE 11 Or 14 4, Termination for convenience, In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occux for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: a. Failure to comply with any of the rules, regulations or provisions referred to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies or directives as may become applicable at any time; b. Faihire by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of fluids provided tinder this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen {15) percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any interest in this agreement without prier written consent of City; provided, however, that claims for money due or to became due to Subrecipient from City under this Agreement maybe assigned to a bai~lc, tllist company, or other financial institution without such approval. Notice of any assignment or transfer shall be fiunished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. A11 subcontracts ezrtel•ed into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or local, state, or federal laws. 2, Monitoring, Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoxing efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct axeas of noncompliance. Subrecipient shall fut~ish and cause each of its own subreeipients or subcontractors to fiunish all information and reports required hereunder and will peinttit access to its books, records and accounts by City, HUD or its agent, or other authorized Federal officials for pux~oses of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract eouteut. Subrecipient shall cause all provisions of this Agreement in then entirety to be included in and made a part of any subcontract executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subconh act or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation, Executed copies of all subcontracts shall be forwarded to City along with PYI 1 SUl3RECIPIENT AGREEMENT-NHS LENDING, INC. PAGE 12, OF 14 documentation concei~Iing the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b}; 2. The requirements of 24 CFR 570.606(e) govei~Iing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N: No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. SeverabiIiiy. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in fii11 force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the pa~•ties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or canteznporaneous herewith. Q. Non-waiver. Faihue of either party to promptly enforce the strict perfoi7nance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy herel,Inder maybe asserted at any time after the govel7ung body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. PYl l SUBRECIPIENT AGREEMENT-NHS LENDING, INC. PACE 13 Or l4 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. ~~ .~ITBRECIPIENT: Lendin I G~~ y: Joe Swenson, CEO Neighborhood Housing Services ° ®®e gODI',1G •••,~ ®®. 4~ ®,.....®®®p ., ~• • ~pTARt, :~'i ® ®~, AUBLZG '. • ® . STATE OF IDAHO ss: County of i~,~ a _ ) I HEREBY CERTIFY that on this hday of-Q~, `~° / ~ before the undersigned, a Notary Public in the State of Idaho, personally appeared Joe Swenson, proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the d year in this certificate first above written. Notary c for Idaho Residing at ,Idaho My Commission Expire CITY: °°°®°e®®®®en®®®~,°® City of Meridian 3GO~oaATe4AUCO~,1~Attest: City of ~~ E IDIAN By; Tam y e Weerd, Mayor ~~~ S~iDAHO~ J cee lman, City Clerk yft~0~~1e Tne~a~~~~~y PYI I SUBRECIPIENT AGREEMENT -NHS LENDING, INC. PAGE 14 OF 14 ri ian iy ouncil ein T :December 6, 2011 11' U 5 J T' lJ ITEM TITLE: Community Development Block Grant (CDBG) Program Year 2011 Sub-Recipient Agreement with Sub-Recipient Agreement with Meridian Food Bank MEETING NOTES ~/P~,,~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E.MSTAFD TOI AGENCY ( APPLICANT I NOTES I INITIALS SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND MERIDIAN FOOD BANK FOR PY 2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS This Agreement is entered into this ~` day of .1 ~ ~ ~ , 20~, by and between the City of Meridian, a municipal corporation organized under the laws of the state of Idaho ("City") and Valley Shepherd Nazarene Compassionate Ministries Center, Inc., dba Meridian Food Bank, a nonprofit charitable corporation organized under the laws of the state of Idaho ("Subrecipient"). WHEREAS, City is an entitlement community, and as such has applied for and received funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i. e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient assists individuals and families by providing food, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds from Program Year 2011 (PY11); NOW, THEREFORE, in consideration of the mutual covenants of the parties, the Parties agree as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient shall use City's PY 11 CDBG funds in the amount of twenty four thousand six hundred dollars ($24,600) to purchase food supplies for distribution at the Meridian Food Bank, located at 15 E. Bower Street, Meridian, Idaho, or equipment required for delivery of this service. Subrecipient shall be responsible for administering its PY2011 CDBG funds in a manner satisfactory to City and consistent with any and all required as a condition of providing these funds. B. National Objective. Subrecipient certifies that the activities carried out City's PY11 CDBG funds provided by City under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CFR § 570.208. Specifically, Subrecipient's activities under this agreement shall provide a new public service (24 CFR 570.201(e)) to limited clientele (LMC) (24 CFR § 570.208(a)(2)). C. Levels of accomplishment. 1. Goals. Subrecipient shall undertake activities pursuant to this Agreement to serve one thousand (1,000) Units of Service. For the purposes of this Agreement, "Units of Service" shall be defined as residents provided food by the Subrecipient. 2. Performance measures. This project will provide food for LMI persons. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: a. Family size (number of individuals) of each person or household assisted; and b. Household income of each person or household assisted; and c. Race and ethnicity of individuals assisted; and d. Number of individuals gaining new access to services provided; and e. Number of individuals gaining improved access to services provided. PY11 SUBRECIPIENT AGREEMENT-MERIDIAN FOOD BANK PAGE 1 OF 13 D. Staffing not funded. Subrecipient agrees that no CDBG fiords will be utilized for staffing. E. Performance monitoring, City will monitor the performance of Subrecipient against goals and performance meastues as set forth herein. Perfoznlance monitoring shall include City's review of Subrecipients' submitted documents for acetuacy and completion, as well as an on-site visit froxrz City's CDBG Administrator to review the completeness and accuracy of records maintained. Substandard performance as determined by City shall constitute noncompliance with this Agreement. If action to correct such substandard performance is not taken by Subrecipient within fourteen days (14) after being notified by City, Agreement suspension or termination procedures will be initiated. F. Time of performance. Services of Subrecipient shall start on or before December 6, 201.1 and end on September 30, 2012. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which Subrecipient remains in control of CDBG funds or other CDBG assets, including program income. G. Px•ogress Reports. Subrecipient shall submit a regular Progress Report, in the farm and content as required by City, with every draw request. If Progress RepoY•ts are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain infoi7nation on outcome-based measurements as outlined in this Agreement. YI. ADMINISTRATIVE REQUIREMENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 24 CFR § 570.506. B. Financial Management. 1. Budget. Subrecipient agrees that it shall use City's PY11 CDBG funds in the amount of twenty-four thousand six hundred dollars ($24,600) to purchase food assistance to I_,MI persons. City may require a detailed budget breakdown, and Subrecipient shall provide such information in a timely fashion, and in the form and content prescribed by City. 2. Supplementation of other funds. Subrecipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and fiuther agrees ta: adhere to the accounting pz7neiples and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all casts incuzred. 4. Cast Principles. Subrecipient shall administer its program in conformance with OMB Circular A- 122, "Cast Principles for Non~Profit Organizations." These principles shall be applied far all costs incui~ed, whether charged on a direct or indirect basis. 5. Certification of financial management system. Payments shall be contingent upon HUD's certification of Subrecipient's financial management system in accordance with 24 CFR § 84.21. 6. Subrecipient Clrientation Workshop. Subrecipient agrees to meet with City's CDBG Program Adminstrator prior to submitting the first draw request to City. City will not process draw requests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services PYl l St,7BRECIPTENT AGREEMENT-lvli',Rll7IAN FaaD BANK PAQE 2 Ok' I3 provided. Such data shaIl include, but not be Limited to: client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 8. Disclosures. Subrecipient understands that client information collected under this Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subxecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real property inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 10. Closeout. Subreeipient's obligation to City shall not end until all closeout requirements are completed. Activities during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the retuxn of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and determining the custodianship of records. Notwithstanding the foregoing, the terms of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 11, Audits and inspections. A11 Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, or other authorized federal officials, at any time during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts ar transcripts of all relevant data for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit reports must be fully repaired by Subrecipient within thirty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with current City policy concer~ring audits and as applicable, OMB Circular A-133. Sub-recipient shall comply with OMB Circular A-133, Subpart B, Section 200(x) which regiures that all non-Federal entities that expend $500,000 oz• more in a year have a single or program-specific audit conducted in accordance with A-133. Sub-recipient shall be willing to allow inquires from the City about the sub-recipient's financial statements and single audit reports. If subrecipient is subject to this requirement, a copy of the audit report shall be provided to the City within 30 days of completion of the audit. C. Payment Procedures. 1. Program Income. The activities governed by this agreement are not anticipated to generate program income as Subrecipient shall not charge its members for the service. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3. Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made far PY11 SUBRECIPiENT AGREEMENT-Ml?RIDIAN FOOD BANK PAGE 3 OP 13 eligible expenses actually incurred by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fund and program income balances available in Subrecipient's accounts. Ili addition, City reserves the right to liquidate funds available under this Agreement far costs incul~ed by City on behalf of Subrecipient. 4. Draw requests. It is expressly agreed and understood that the total amoLUit to be paid by City under this Agreement shall not exceed $24,600. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with performance and as expenses are incurred by Subrecipient. Draw requests shall only be accepted on official City and/or HUD fol7ns and must be completed in full to be processed. Ali draw requests are to be submitted monthly, no later than twenty-one (21}days after the end of the month for which reimbursement is being submitted. Draw requests shall include the following; draw request form; progress z•eport; beneficiary income eligibility documentation; h•ansaction detail, HUD-1, and related summary information; and proof of payment by Subrecipient. Final draw under this Agreement will be submitted by Subrecipient no later than September 20, 2012 unless otherwise agreed in writing. 5. Funds transfer. Pursuant to 24 CFR § 570.503(b)(7), upon expiration of this Agreemen, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. 6. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB"} concerning the Dun and Bradstreet Data Universal Numbering System ("DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Registration, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. SS663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). D. Procureanent. 1. Compliance with policies. Subrecipient shall comply with cuivent Federal and City policies concerning the purchase of equipment and shall maintain inventory records of all non-expendable personal property as defined by such policy as may be procured with funds provided hereunder. 2. OMB Standards. Subrecipient shall procure all materials in accordance with the requirements of 24 CFR § § 84.40 to 84.48. 3. Travel. Subrecipient shall obtain written approval from City prior to any travel outside the Boise metropolitan area with fimds provided under this Agreement. E. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be in compliance with the requirements of 24 CFR Part 84 and 24 CFR §§ 570.502 through 570.504, as applicable, which include, but are not limited to, the following: l.. Records. Subrecipient shall maintain real property inventory records, which clearly identify properties ptuchased, improved or sold. 2. National Obyectives met for five (5) years. Pursuant to 24 CFR § 570.503(b}(7)(i), real property that is acquh•ed or improved, in whole or in part, with fiends under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (S) years after PYl 1 SUBRECIPTENT AGREEMENT-MERIDIAN FOOll BANK PAGE 4 OF 13 expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the current rnarlcet value of the property, Less any portion of the value attributed to expendit<res of non-CDBG fiords far acquisition of or improvement to the property. Such payment shall constitute program income to Czty. Subrecipient may retain real property acquired or improved under this Agreement after the expiration of the five-year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with funds under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received raider this Agreement but not needed by the Subrecipient for activities under this Agreement shall be (a} transferred to City for the CDBG program or (b) retained after compensating City an amount equal to the current fair rnarlcet value of the equipment less the percentage of non- CDBGfunds used to acquire the equipment, F. Records and reports. 1. Records to be maintained. In addition to specifzc records mentioned in this Agreement, Subrecipient shall maintaili all records that are pertinent to the activities to be funded under this Agreement, including, but not limited to, those required by the Federal regulations specified in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to determine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG Program; f Financial records, as required by 24 CFR §§ 84.21 through 84.28 and 570.502; g. Other records necessary to document compliance with 24 CFR Part 570, Subpart K, except that Subrecipient does not assume City's responsibilities under 24 CFR § 570.604 and part 52, 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incurred under this Agreement for a period of five (5) years after the termination of all activities funded under this Agreement, defused as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with funds under this Agreement shall be retained for five {5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. IILEMPLOYMENT AND LABOR CONDITION RE UIREMENTS A. Civil Rights Act. Subrecipient agz•ees to comply with Title 'VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104(b) and Section 109 of Title I of the Housing and Community Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americans with Disabilities Act of 1990, the Aga Discrimination Act of 1975, Executive Order 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acquired, cleared or improved with assistance provided under this contract, Subrecipient shall cause or require a covenant running with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein defined, PYl l SUBRirCiPIENT AGREL~MCN'r-MERIDIAN FOOD BANK PAGE S QF 13 in the sale, lease or rental, or in the use ox occupancy of such land, or in any ilnpxovements erected or to be erected thereon, providing that City and the United States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessary to enforce such covenant, and will not itself so discriminate. B. Nondiscrinnination. Subrecipient agrees to comply with the non-discrimination in employment and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCDA are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or stat<is with regard to public assistance. Subrecipient will tape affirmative action to insure that all employment practices are free from such discrimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, reczllitment or recruitment advertising, layoff, termination, rates ofpay or other forms of compensation, and selection for training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 of fihe Rehabilitation Act of 1973, (29 U.S.C. § 706) which prolvbits discrimination against the handicapped in any Federally-assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force during the term of this Agreement. D. Affirmative Action. 1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affit7native Action Program in beeping with the principles as provided in President's Executive Order 11246 of September 24, 1966. City shall provide Affirmative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Aff rmative Action Program for approval prior to the award of fiends. 2. Women- and 1Vlinority-®wned Sasinesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this contract. As used in this contract, the tei•nis "shall business" means a business that meets the criteria set forth in section 3(a} of the Small Business Act, as amended (IS U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (51}percent owned and controlled by minority group members or women, For the purpose of this definition, "minority group members" are Afro-Americans, Spanish- speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the Iabox union or workers' representative of Subxecipient's eominitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or PYl l SLTBRECIPIENT AGREEMENT-MERIDIAN FOOD BANK PAaE 6 OF l3 Affirmative Action employer. F. Prohibited Activity. Subrecipient is prohibited from using fiends provided herein ar personnel i;: employed in the administration of the pragram for political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title V, Chapter 1S, U.S.C.). 2. Religious activities. Subrecipient agrees that fiends provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.200(j). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-Kickback" Act (40 U.S.C. §§ 276a, 276c, and 327); and ale other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the peI•folTnance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hour and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient further agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any blinding or work financed in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Department of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing hereunder is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Ux•ban Development Act of 1968. 1. Compliance. Compliance with Sectian 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701) ("Section 3"), the regulations set forth in 24 CFR Part 135, and all applicable rules and orders issued thereunder prior to the execution of this Agreement, shall be a condition of the Federal financial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients andlor subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Federal assistance is provided. Subrecipient certifies and agrees that no contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract langaage. Subrecipient further agrees to include the following language in all subcontracts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal financial assistance from HUD and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 U.S.C. § 1701). Section 3 requires that to the greatest extent feasible opportunities for (raining and employment be given to low and very low income residents of the project area and Agreements fox work in connection with the project be awarded to business concerns that provide economic opportunities for low and very low income persons residing in the metropolitan area in which the project is located." PYl Z SUBRECIPIENT AGREEMENT -MERIDIAN Faab BANK PAGE 7 OF 13 3. Employment of low- and very-low-income persons. Subrecipient fiirther agrees to ensure that opporhinities for training and employment arising in com~ections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards}, housing construction, or other public construction projects are given to low and very-low income person residing within the metropolitan area in which the CDBG-funded project is Located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very low income participants in other HUD programs; and award contracts for work undertaken in connection with a housing rehabilitation (including reduction and abatement of lead-based paint hazards}, housing construction, or other public constructian project are given to business concerns that provide economic opportunities for low and very low income persons residing within the metropolitan area in which the CDBG~funded project is located; where feasible, priority should be given to business concerns which provide eeonoinic opportunities to low and very low income residents within the service area of the neighborhood in which the project is boated, and to low and very low income participants in other HUp programs. Subrecipient certifies and agrees that no contractual or other legal incapacity exists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or luiowledge that the latter has been found in violation of regulations under 24 CFR Part 13 S and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR § § 84.42 and 570.61 lm, which include, but are not Iimited to, the following: 1. Code of Conduct. Subrecipient shall maintaili a written code or standards of conduct that shall govern the performance of its ofhcers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any functions or responsibilities with respect to CDBG-assisted activities, or who are in a position to participate in a decision malring process or gain inside information with regard to such activities, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one {1) year thereafter. For ptu~oses of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed official of City, the Subrecipient, or any designated public agency. PYl l SUBRECIPIENT AGREEMENT ~--MERIDIAN FOOD BANK PAGE 8 Ol~ 13 J. Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for malting or entering into this transaction imposed by section 1352, title 31, U.S.C. Subrecipient hereby certifies that; 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person far influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the malting of any Federal grant, the malting of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, xenewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; 2, If any funds other than Federal appropriated funds have beenpaid or will be paid to any person for influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Foz7n to Report Lobbying," in accordance with its instructions; 3. Subrecipient will require that the following language be included in the award documents for all sub- awards at all tiers (including subcontracts, sub-grants, and contracts under grants, loans, and cooperative agreements) and that all subreczpients shall certify and disclose accordingly: "This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. § 1352. Any person wlzo fails to f le the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. ENVIRONMENTAL C®NDITIONS A. Air and Water. SLIbreClplent specifically agrees to comply withthe following regulations insofar as they apply to the perfoz~nance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, etseq., relatingto inspection, monitoring, entzy repoxts, and infoz7nation, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA) regulations pursuant to 40 C.F.R. Part 50. B. FIood Disaster Protection. In accordance with the requirements of the FIood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National FIood Insurance Program is obtained and maintained as a condition offinaticial assistance for acquisition or construction p>uposes (including rehabilitation). C. Lead~Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, ~' 24 CFR Part 3 S, implementing Title X of fihe Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to alI CDBG-assisted housing and require that all owners, prospective owners, and PYl l SUI31tCCll'IENT AGREEMENT-MERIDIAN FOOD BANK PAGE 9 OF 13 tenants of properties constructed prior to 1978 be properly notified that such properties may include lead based paint. Such notification shall point out the hazaz•ds of lead-based paint and explain fihe symptoms, treatment and precautions that should be tal~en when dealing with lead-based paint poisozung and the advisability and availability of blood level screening for children under seven. The notice must also point out that if Iead~based paint is fottnd on the property, abatement measures may be undertaken. The regulations further require that, depending on the amount of Federal fttnds applied to a property, paint testing, risk assessment, treatment and/or abatement may be conducted. D. Historic Preservation. Subrecipient agrees to comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966, as amended (16 U. S.C. § 470} and the procedures set forth in 36 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofaz• as they apply to the performance of this Agreement. In general, this regtures concuxrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property list. V. GENERAL C4NDITI®NS A. Notices. Ail notices required to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Meridian Food Bank Attn: Lori Den Haz•tog Attn: Dan Clark CDBG Program Administrator Chaiz~rzan, Board of Directors 33 E. Broadway Avenue 15 E. Bower Street Meridian, Idaho $3642 Meridian, Idaho 83642 Either party may change its authorized representative andlor address for the puzpose of this paragz•aph by giving written notice of such change to the other paz•ty in the manner herein provided. B, Compliance with Iaws. Subrecipient agrees to comply with HUD regulations concet~zing CDBG funds, including, but not limited to, 24 CFR Part 570 and subpart K of such regulations. ,Subrecipient also agrees to comply with all other applicable Federal, state and 1oca11aws, regulations, and policies govezning the funds provided under this Agreement, except that: (1) Subrecipient does not assume the recipient's environmental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's responsibility for initiating the review process under the provisions of 24 CFR Paz•t 52. C. Copyright. Contracts of agreements for the performance of experimental developmental or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR Pant 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements." b. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be constl-ued in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with z•espect to the services to be performed under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all pazticipants in Subrecipient's programming, shall hold harmless, defend and indemzzify City fiom and for all such lasses, claims, actions, and/oz• judgments for PY11 SUBRECIPTENTAgREEMENT-MERIDIANFOOT~$ANK PAGE 10 Of 13 damages or injury to persons or property and/ox losses and expenses caused ar incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the performance of this Agreement by Subrecipient and/ox Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or volunteers and resulting in and/or attributable to personal injury, death, and/ar damage and/or destiltction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall provide Workers' Compensation lisurance coverage for all employees involved in the perfoi•~nance of this Agreement. G. Insurance and bonding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets fiom loss due to theft, fraud and/ox undue physical damage. Further, Subrecipient shall comply with the bonding and insurance requirements of 24 CFR §§ 84.31 and 84.48. H. Grantor Recognition. Subrecipient shall publicahy recognize the role of City in providing services under this Agreement. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and axe executed in writing, signed by a duly authorized representative of each party, and approved by City's governing body. Such amendments shall not invalidate this Agreement, nor relieve or release either pal•ty from its obligations under this Agreement. City may, in its discretion, amend this Agreement to confoi~n with Federal, state or local governmental guidelines, policies aiid available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by bath parties. J. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving wz•itten notice to the other paz-ty of such termination and specifying the effective date thereof, 2. Partial termination. Partial terminations of the Scope of Seiviee as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports of other materials prepared by Subrecipient under this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the tet7nination. 4. Termination for convenience. In accordance with 24 CFR § 85.44, suspension or termination of the Agreement, in whole or in part, may occur for convenience. S. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in pact, may occur if Subrecipient materially fails to comply with any term of this Agreement, which shall include, but shall not be limited to, the following: PYl 1 SUBRBCIPIENT AGREEMENT -- MFRTUJAN FOOD $ANK PAGE l 1 OF 13 a. Failure to comply with any of the titles, regulations or provisions referred to herein, or such stafitttes, regulations, executive orders, and HiJD guidelines, policies or directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c. Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty t'or material noncompliance. In addition to suspension or termination of this Agreement and/or any other remedies as provided by law, upon a finding of material noncompliance, City may declare Subrecipient ineligible for any further participation in City CDBG programming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fzfteen (15}percent of said Agreement funds until such time as Subrecipient is found to be in compliance by City, or is otherwise adjudicated to be in compliance, K..A.ssignment. Subrecipient shall not assign or transfer any interest in this agreement without prior written consent of City; provided, however, that claims for money due or to become due to Subrecipient fiom City under this Agreement maybe assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be furnished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy andtor local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to correct areas of noncompliance. Subrecipient shall fiu~ish and cause each of its own subrecipients or subcontractors to furnish all information and reports required hereunder and will permit access to its books, records and accounts by City, HIJD or its agent, or other authorized Federal officials for purposes of investigation to ascertain compliance with the rules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subeonhact executed in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affirmative Action in every subcontract or purchase order, specifically or by reference, to ensure that such provisions will be binding upon all subcontractors. 4. Documentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without limitation, to comply with: Z. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); PYl l SUI3RCCII'ILN'1' AGREEMENT` - MERIDIAN FOOll BANK PAGE 12 OF 13 2. The requirements of 24 CFR 570.606(c) governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(d) governing optional relocation policies. Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement corltains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Meridian Food Bank -~ ~~~ : L_..~__..... . ~~ -~ By: Dan Clark, Executive Director CITY: City of Meridian STATE OF IDAHO ss: County of ~l < ) I HEREBY CERTIFY that on this ~ day of 1 ~~~~-h ~/~ before the undersigned, a Notary Public in the State of Idaho, personally appeared Dan Clark, proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. 1N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certifi ate first above written. ('~ C . No ary Public for Idaho > ~ , Residing at ~- ,~ ~ .U~ ,Idaho My Commission Expires: , , ~ i " ~ /~ ~,~. 3y: Weerd, Mayor -' c~ri of E IDIA ioA ~" SEAL Ayr`t °~ ~~~ ta~-ey~'0r City Clerk PY 11 SUBRECIPIENT AGREEMENT -MERIDIAN FOOD BANK PAGE 13 OF 13 ~i ®an iy uncil eein CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFF TOI AGENCOY I APPL CANT I NOTES I INITIALS SUBRECIPIENT AGREEMENT BETWEEN CITY OF MERIDIAN AND BOYS AND GIRLS CLUB OF ADA COUNTY FOR PY2011 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS THIS AGREEMENT is entered into this` day of , 2011, by and between the City of Meridian ("City"), a municipal corporation organized under the laws of the State of Idaho, and the Meridian Boys and Girls Club, a branch of the nonprofit organization Boys and Girls Club of Ada County, organized under the laws of the State of Idaho ("Sub-recipient"). WHEREAS, City is an entitlement community, and as such has applied for and will receive funds from the United States Government under Title I of the Housing and Community Development Act of 1974, Public Law 93-383, i. e. Community Development Block Grant ("CDBG") funds; and WHEREAS, Subrecipient provides programming and activities to inspire and empower all youth, particularly low- and moderate-income youth, to realize their full potential as productive, responsible and caring citizens, which activity complements the objectives of the CDBG program; and WHEREAS, City and Subrecipient wish to enter into a cooperative agreement for the investment of CDBG funds in Subrecipient's programming during Program Year 2011 (PY2011); NOW, THEREFORE, it is agreed by the parties hereto as follows: I. SCOPE OF SERVICE A. Activities. Subrecipient agrees that it shall use City's PY2011 CDBG funds in the amount often thousand dollars ($10,000) to provide scholarships for LMI children (under the age of 13) for the purpose of enrolling in one or more of the Club's fee-based programs. These scholarships will increase access to the Club's fee-based programs at 911 Meridian Road, Meridian, Idaho. The Club will provide scholarships to children of qualifying families on a sliding scale developed by the Club. The following programs will be covered as part of the scholarship program: Sunrise Club, Year One Program, and the Summer Program. CDBG funds will only reimburse actual scholarships provided for these identified programs as documented by Sub-recipient. Sub- recipient shall be responsible for administering its PY2011 CDBG funds in a manner satisfactory to City and consistent with any and all standards required as a condition of providing these funds. B. National Objective. Subrecipient certifies that the activities carried out City's PY2011 CDBG funds provided by City under this Agreement meet the Low-and Moderate-Income National Objectives as defined in 24 CFR § 570.208. Specifically, Sub-recipient's activities under this agreement shall benefit a limited clientele, at least fifty one percent (51 %) of whom are low-or moderate-income persons (24 CFR § 570.208(a)(2)): C. LMI Clientele. Sub-recipient shall provide documentation demonstrating that fifty-one percent (51 %) of clientele using the service governed by this agreement are LMI persons. Documentation must be provided prior to first draw request. Sub-recipient shall track the following information for all students receiving a scholarship for one of the identified programs in I.A.: amount of scholarship provided, household size, annual household income, and racial characteristics. The PY2011 SUB-RECIPIENT AGREEMENT - PAGE 1 OF 16 MERIDIAN BOYS AND GIRLS CLUB household size and annual income information shall be used to determine whether a client falls within the very low, law, or moderate income category as defined by HUD. This information shall be submitted to the City in the form of a progress report as determined by the City. D. I.,evels of accomplishment. This project will provide scholarship funds for the pui~ose of increasing availability and access to the Club's fee-based programs. In addition to the normal administrative services required as part of this Agreement, Subrecipient agrees to document and report on each and all of the following outcomes: 1. Number of individuals gaining improved access to facility and/or services; 2. Number of scholarship individuals attending each of identified programs (Sunrise Club, Year One Program, and Summer Program), total cast of the program for each individual, and the scholarship amount to be reimbursed with CDBG funds for each individual; and 3. Income level, family size, race, and etluiicity of persons assisted. E. Staffing not funded. Sub-recipient agrees that no CDBG funds will be utilized for staffing. F. Performance Monitoring. City will ~nonitoT the performance of Subrecipient against goals and performance standards required herein. Substandard perfoi~nnance as detei~nined by City will constitute non-compliance with this Agreement. If action to correct such substandard pei~ormance is not taken by Subrecipient within fotuteen (14) days after being notified by City, Agreement suspension or termination procedures will be initiated. G. Time of Performance. Services of Sub-recipient under this Agreement shall start no earlier than October 1, 2011 and shall be completed by December 31, 2012. The term of this Agreement and the provisions herein shall be extended to cover any additional time peziod during which Sub- recipientremains in control of CDBG funds or other assets, including program income. H. Progress Reports. Sub-recipient shall submit Progress Reports to City on at Least asemi-anmual basis in conjunction with a Draw Request Form. Progress Reports shall be completed in the foi~n and content required by City. If Progress Reports are delinquent, draw requests will not be processed until the delinquency is cured. Progress Reports must contain information on autcome- basedmeasurements as outlined in this Agreement. II. ADIVVIINISTRATIVE REQUIREIV.[ENTS A. Uniform administrative requirements. Subrecipient shall comply with applicable uniform administrative requirements, as described in 2~ CFR § 570.506. B. Financial Management. Y. Budget. Sub-recipient agrees that it shall use City's PY2011 CDBG funds in the amount of ten thousand dollars ($10,000) to provide scholarships to children of qualifying households to attend the aforementioned fee-based programs at the Meridian Bays and Girls Club facility at 91 I Meridian Road, IVleridian, Idaho. City may require a detailed budget breakdown, and Sub- recipient shall provide such infoinnation in a timely fashion, and in the form and content prescribed by City. PY2011 SuB-RECrn1ENT AGREBMBNI~ - PAGL 2 olr 16 MBTtIDIAN BOYS AND GIRLS CLUB 2. Supplernentation• of other funds. Sub-recipient agrees to utilize funds available under this Agreement to supplement, rather than supplant, funds otherwise available. 3. Accounting Standards. Subrecipient agrees to comply with 24 CFR §§ 84.21 through 84.28, and fiirther agrees to: adhere to the accounting principles and procedures required therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 4. Cost Principles. Subrecipient shall administer its program in conformance with OMB Circular A-122, "Cost Principles for Non-Profit Organizations." These principles shall be applied for all costs incurred, whether charged on a direct or indirect basis, 5. Sub-recipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City. City will not process draw requests ~uiless and until the Subrecipient attends this meeting. 6. Subrecipient Orientation Workshop. Subrecipient agrees to meet with City's CDBG Program Administrator prior to submitting the first draw request to City, City will not process draw requests unless and until Subrecipient attends this meeting. 7. Client Data. Subrecipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to: client name, address, income level or other basis for deternnining eligibility, and description of service provided. Such information shall be made available for review upon City's request. 8. Disclosures. Subrecipient understands that client information collected under tlis Agreement is private and the use or disclosure of such information, when not directly connected with the administration of City or Subrecipient's responsibilities under this Agreement, is prohibited by the Financial Privacy Act unless written consent is obtained fiorn such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 9. Property Records. Subrecipient shall maintain real pn•operty inventory records that clearly identify properties purchased, improved or sold. Properties retained shall continue to meet eligibility criteria. 10. Closeout. Sub-recipient's obligation to City shall not end until all closeout requirements are completed. ACt1vItleS during this closeout period shall include, but shall not be limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to City), and deten7nining the custodianship of records, Notwithstanding the foregoing, the ten7ns of this Agreement shall remain in effect during any period that Subrecipient has control over CDBG funds, including program income. 11..A.udits and inspections. All Subrecipient records with respect to any matters covered by this Agreement shall be made available to City, HUD or its agent, ar other authorized federal P'Y2011 SUB-1tBC1PIENT AGREEMENT - WAGE 3 OF 16 MERIDIAN BOYS AND GIRLS CLUB officials, at anytime during normal business hours, as often as deemed necessary, to audit, examine, and make excerpts or transcripts of all relevant data for proposes of investigation to asceztain compliance with the rules, regulations and provisions stated herein. Any deficiencies noted in audit repoz•ts must be fully repaired by Subrecipient within thit-ty (30) days after receipt of such report by Subrecipient. Failure of Subrecipient to comply with the above audit requirements will constitute a violation of this Agreement and may result in the withholding of future payments. Subrecipient hereby agrees to have an annual agency audit conducted in accordance with cuz7ent City policy concerning audits and as applicable, OMB Circular A-133. Sub-recipient shall comply with OMB Circular A-133, Subpart B, Section 200(x} which requires that all non-Federal entities that expend $500,000 or more in a year have a single or program-specific audit conducted in accordance with A-133. Sub-recipient shall be willing to allow inquires from the City about the sub-recipient's financial statements and single audit reports. If Subrecipient is subject to this requirement, a copy of the audit repoz•t shall be provided to the City within 30 days of completion of the audit. C. Payment Procedures. ~. Program Income. The activities govenied by this agreement are not anticipated. to generate program income as Subrecipient shall not charge its members for the sezvice. Any change to the activities described herein that will generate program income shall require an amendment to this agreement. 2. Indirect Costs. Indirect costs are not eligible for CDBG funding. 3, Payment Procedures. City will pay to Subrecipient funds available under this Agreement based upon information submitted by Subrecipient and consistent with any approved budget and City policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incuzx•ed by Subrecipient, and not to exceed actual cash requirements. Payments will be adjusted by City in accordance with advance fluid and program income balances available in Subreeipient's accounts. In addition, City reserves the right to liquidate funds available under this Agreement for costs incurred by City on behalf of Subrecipient. 4. Draw requests. It is expressly agreed and understood that the total amount to be paid by City under this Agreement shall not exceed $10,000. Drawdowns for the payment of eligible expenses shall be made against the activity specified, in accordance with pez•formance and as expenses axe incurred 6y Subrecipient. Draw requests shall only be accepted on official City and/or HUD forms and must be completed in full to be processed. All draw requests are to be submitted no less fiequently than evezy 6- months and no Iaer than twenty-one (21) days after the end of the month for which reimbursement is being submitted. Draw requests shall include the following: draw request form and progress report. 5. Funds transfer. Pursuant to 24 CFR ~ 570.503(b)(7), upon expiration of this Agreement, Subrecipient shall transfer to City any CDBG funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG funds. PY2O 11 SUB-RECIPIENT AGREEMENT -- PAGE ~1 QF l 6 MERIDIAN BOYS AND GIRLS CLUB 6. DUNS number. Subrecipient shall comply with requirements established by the Office of Management and Budget ("OMB") concerlung the Dun and Bradstreet Data Universal Numbering System {"DUNS"), the Central Contractor Registration database, and the Federal Funding Accountability and Transparency Act, including Appendix A to Part 25 of the Financial Assistance Use of Universal Identifier and Central Contractor Regishation, 75 Fed. Reg. 55671 (Sept. 14, 2010) (to be codified at 2 CFR part 25) and Appendix A to Part 170 of the Requirements for Federal Funding Accountability and Transparency Act Implementation, 75 Fed. Reg. 55663 (Sept. 14, 2010) (to be codified at 2 CFR part 170). D. Procurement. t. Compliance with policies. Subrecipient shall comply with current Federal and City policies concer~iing the purchase of equipment and shall maintain inventory records of all non- expendablepersonal property as defined by such policy as may be procured with funds provided hereunder. 2. 4MB Standards. Subrecipient shall procure all materials in accordance with the regturements of 24 CFR §§ 84.40 to 84.48, 3. Travel, Subrecipient shall obtain written approval from City prior to any txavel otrtside the Boise metropolitan area with funds provided under this Agreement. E. Use and Reversion of Assets. The use and disposition of real property and equipment under the Agreement shall be incompliance with the requirements of 24 CFR Part 84 and 24 CFR § § S70.S02 through 570.504, as applicable, which include, but are not limited to, the following: 1. Records. Subrecipient shall maintain real property iliventoly records, which clearly identify properties purchased, improved or sold. 2, National Objectives met for five (5) years. Pursuant to 24 CFR § 570.503(b}(7)(i}, real property that is acquired or improved, in whole or in part, with funds under this Agreement in excess of $25,000 shall be used to meet one of the CDBG National Objectives until five (5) years after expiration of this Agreement. If the use of the CDBG-assisted real property fails to meet a CDBG National Objective for this prescribed period of time, Subrecipient shall pay City an amount equal to the culxent market value of the property, less any portion of the value attributed to expenditures of non-CDBG funds for acquisition of or improvement to the property. Such payment shall constitute program income to City. Subrecipient may retain real property acquired or unproved under this Agreement after the expiration of the five-year period. 3. Sale of equipment. In all cases in which equipment acquired in whole or in part with fiends under this Agreement is sold, the proceeds shall be program income, prorated to reflect the extent to that funds received under this Agreement were used to acquire the equipment. Equipment purchased with funds received under this Agreement but not needed by the Subrecipient for activities under this Agreement shall be {a) transferred to City for the CDBG pxogram or (b) retained after compensating City an amount equal to the current fair marltet t'Y2O l ~ SUB`RLCIPIENT ACfREEMENT - PACYE 5 OF 16 MERIDIAN BOYS AND GIRLS CLUB value of the equipment less the percentage of non-CDBG fiords used to acquire the equupment. l±. Records and reports. 1. Records to be maintained. In addition to specific records mentioned in this Agreement, Subrecipient shall maintain all records that are pertinent to the activities to be fimded under this Agreement, including, but not limited to, those required by the Federal regulations specif ed in 24 CFR § 570.506, and: a. Full descriptions and records of each activity undertaken; b. Records related to activities meeting the National Objectives; c. Records required to detei~nine the eligibility of activities for CDBG funding; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records doctunenting compliance with the fair housing and equal opportunity components of the CDBG Program; f. Financial records, as required by 24 CFR § § 84.21 through 84.28 and 570.502; g. Other records necessazy to document compliance with 24 CFR Pazt 570, Subpart K, except that Subrecipient does not assume City's responsibilitiesunder 24 CFR § 570.604 and part 52. 2. Records retention. Subrecipient shall retain all records pertinent to the expenditures incuzxed under this Agreement for a period of five (5) years after the teiniination of all activities funded under this Agreement, defined as the date of the submission of City's final annual performance and evaluation report to HUD. Records for non-expendable property acquired with fiends under this Agreement shall be retained for five (5) years after final disposition of such property. If, prior to the expiration of the five-year period, any litigation, claims, audits, negotiations or other actions begin that involve any of the records cited, such records shall be retained until completion of the actions and resolutions of all issues, or the expiration of the five-year period, whichever occurs later. IILEMPLOXMENT AND LABOR CONDITION REQUIREMENTS A. Civil Rights Act. Subrecipient agrees to comply with Title VI of the Civil Rights Act of 1964 as amended, Title VII of the Civil Rights Act of 1968 as amended, Section 104{b) and Section 109 of Title I of the Housing and Conuntulity Development Act of 1974, Section 504 of the Rehabilitation Act of 1974, the Americalis with Disabilities Act of 1990, the Age Discrimiliation Act of 1975, Executive Oz•der 11063, the Executive Order 11246 as amended by Executive Order 11375 and 12086, and 24 CFR 570.601 and 570.602. In regard to the sale, lease, or other transfer of land acgtured, cleared or improved with assistance provided iuider this contract, Subrecipient shall cause or require a covenant zlulning with the land to be inserted in the deed or lease for such transfer, prohibiting discrimination as herein def ned, in the sale, lease or rental, or in the use or occupancy of such land, or in any improvements erected or to be erected thereon, providing that City and the Uzuted States are beneficiaries of and entitled to enforce such covenants. Subrecipient, in undertaking its obligation to carry out the program assisted hereunder, agrees to take such measures as are necessazy to enforce such covenant, and will not itself so discriminate. B. Nondiscrimination. Subrecipient agrees to comply with the non-discrimination in employment PY2411 S[_tB-xECrniEN'r ACttEErviErrr- PACE 6 or 1b 1VIERIDIAN BOYS AIQD GIRT,S CLUB and contracting opportunities laws, regulations, and executive orders referenced in 24 CFR § 570.607, as revised by Executive Order 13279. The applicable non-discrimination provisions in Section 109 of the HCl7A are also applicable. Subrecipient will not discriminate against any employee or applicant for employment or services because of race, color, creed, religion, ancestry, national origin, sex, disability or other handicap, age, marital status or status with regard to public assistance. Subrecipient will take affirmative action to insure that all employment practices are flee from such diserimination. Such employment practices include but are not limited to the following: hiring, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection far training, including apprenticeship. C. ADA section 504. Subrecipient agrees to comply with Federal regulations pursuant to compliance with Section 504 ofthe Rehabilitation Act of 1973, (29 U.S.C. § 706} which prohibits discrimination against the handicapped in any Federally-assisted program. City shall provide Subrecipient with any guidelines necessary for compliance with that portion of the regulations in force dtuing the term of this Agreement. D, Affirmative Action. 1. Approved Plan. Subrecipient agrees that it shall be committed to carry out pursuant to City's specifications an Affnn~native Action Program in keeping with the principles as provided in President's Executive Order 11246 of September 24,1966. City shall provide Affinrative Action guidelines to Subrecipient to assist in the formulation of such program. Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the award of funds. 2. Women- and Minority-Owned Businesses. Subrecipient shall use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportwity to participate in the performance of this contract. As used in this conhact, the teens "small business" means a business that meets the criteria set forth in section 3{a) of the Small Business Act, as azzzended {15 U.S.C. 632), and "minority and women's business enterprise" means a business at least fifty-one (S 1) percent owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are Afro-Americans, Spanish-speaking, Spanish suz~lamed or Spanish- herifage Americans, Asian-Americans, and American Indians. Subrecipient may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation. E. Notifications. 1. Notice to workers. Subrecipient will send to each labor union or representative of workers with which it has a collective bargaining agreement or other agreement or understanding, a notice, to be provided by the agency contracting officer, advising the labor union or workers' representative of Sub-recipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants far employment. 2. Solicitations for employment. Subrecipient will, in all solicitations or advertisements for employees placed by or on behalf of Subrecipient, state that it is an Equal Opportunity or k'Y2011 SUB-ItBCIP]ENT AGREEMENT'- RAGE 7 OF 16 MERTDTAN BOYS ANb GIRLS CLUB A~z~native Action employer. F. Prohibited Activity. Subrecipient is prohibited fiom using funds provided herein or persom~el employed in the administration of the program fox political activities; sectarian, or religious activities; lobbying, political patronage, and nepotism activities. 1. Political activities. Subrecipient agrees that no funds provided, nor personnel employed under this Agreement, shall be in any way or to any extent engage in the conduct of political activities in violation of the Hatch Act (Title 'V, Chapter 15, U.S.C.). 2. Religious activities. Subrecipient agrees that funds provided under this Agreement will not be utilized for religious activities, to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CFR § 570.200(j). G. Labor standards. Subrecipient agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended; the provisions of Agreement Work Hours and Safety Standards Act; the Copeland "Anti-I~ickbaclc" Act (40 U.S.C. §§ 276a, 276c, and 327); and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. Subrecipient shall maintain documentation which demonstrates compliance with the hate and wage requirements of this part. Such documentation shall be made available to City for review upon request. Subrecipient fiu-ther agrees that all Contractors engaged under contracts in excess of $2,000.00 for construction, renovation or repair of any braiding or work fin•triced in whole or in part with assistance provided under this Agreement shall comply with Federal requirements pertaining to such Agreements and with the applicable requirements of the regulations of the Depaztment of Labor, under 29 CFR Parts 1, 3, 5 and 7 governing the payment of wages and ratio of apprentices and trainees to journey workers; provided, that if wage rates higher than those required under the regulations are imposed by state or local law, nothing heremider is intended to relieve Subrecipient of its obligation, if any, to require payment of the higher wage. H. Section 3 of the Housing and Urban Development Act of 1968. 1. Compliance. Compliance with Section 3 of the Housing and Urban Development Act of 196$, as amended (12 U.S.C. § 1701) ("Section 3"}, the regulations set fo1•th in 24 CFR Part 135, and all applicable rules and orders issued therettnder prior to the execution of this Agreement, shall be a condition of the Federal f nancial assistance provided under this Agreement and shall be binding upon City, Subrecipient and any of Subrecipient's subrecipients and/ox subcontractors. Failure to fulfill these requirements shall subject City, Subrecipient and any of Subrecipient's subrecipients and subcontractors, their successors and assigns, to those sanctions specified by the Agreement through which Fedexal assistance is provided. Subrecipient certifies and agrees that zio contractual or other disability exists that would prevent compliance with these requirements. 2. Subcontract language. Subrecipient further agrees to include the following language in all subcozihacts executed under this Agreement: "The work to be performed under this Agreement is a project assisted under a program providing direct Federal f nancial assistance from HUD 1'Y2011 StrB-RECm~NT AC3RREMLNT - PAGE 8 or 16 IVI~RIDIAN BOYS AND GIRLS CLUB and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended (12 T.J.S.C. § 1'101). Section 3 requires that to the greatest extent feasible opportunities for training and employment be given to low and very low income residents of the project area and Agreements for worl~ in connection with the project be awarded to business concerns that provide economic oppoi•tuxuties for low and very low income persons residing in the metropolitan area in which the project is located." 3. Employment of low- and very-low-income persons. Subrecipient further agrees to ensure that opportunities for training and employment arising in connections with a housing rehabilitation (including reduction and abatement of lead-based paint hazards), housing construction, or other public construction projects are given to low and very-low income person residing within the metropolitan area in which the CDBG~funded project is located; where feasible, priority should be given to low and very low income persons within the service area of the project or the neighborhood in which the project is located, and to low and very Iow income participants in other HUD programs; and award contracts for worl~ undertaken ill connection with a housing rehabilitation (including reduction and abatement of Lead-based paint hazards), housing construction, or other public construction project are given to business concerns that provide economic opportunities for Iow and very low income persons residing within the metropolitan area in wlvch the CDBG-funded project is located; where feasible, priority should be given to business concerns which provide economic opportunities to Iow and very low income residents within the service area of the neighborhood in which the project is Located, and to low and vexy low income participants in other HUD programs. Subrecipient certifies and agrees that no contractual or other legal incapacity e~cists that would prevent compliance with these requirements. 4. Notifications. Subrecipient agrees to send to each labor organization or representative of workers with which it has a collective bargaining agreement or other contract or understanding, if any, a notice advising said labor organization or worker's representative of its commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicanfs for employment or training. 5. Subcontracts. Subrecipient will include this Section 3 clause in every subcontract and will take appropriate action ptusuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the grantor agency. Subrecipient will not subcontract with any entity where it has notice or Knowledge that the latter has been found in violation of regulations under 24 CFR Part 13 S and will not let any subcontract unless the entity has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. _ I. Conflicts of Interest. Subrecipient agrees to abide by the provisions of 24 CFR §§ 84.42 and 570.611m, which include, but are not limited to, the following: 1. Code of Conduct. Subrecipient shall maintain a written code or standards of conduct that shall govern the performance of its officers, employees or agents engaged in the award and administration of Agreements supported by Federal funds. P'Y2011 STJB-RECIPIENTAGRBEMENT- PAGE 9 OF 16 MERIDIAN BGYS AND GIxus CLUB 2. Contract selection. No employee, officer or agent of the Subrecipient shall participate in the selection, or in the award, or administration of, a contract supported by Federal funds if a conflict of interest, real or apparent, would be involved. 3. Self-interested contracts and nepotism. No persons who exercises or have exercised any fitnctions or responsibilities with respect to CDBG-assisted activities, or who are in a position to pa~•ticipate in adecision-making pz•ocess or gain inside information with regard to such activi#ies, may obtain a financial interest in any Agreement, or have a financial interest in any contract, subcontract, or agreement with respect to the CDBG-assisted activity, either for themselves or those with who they have business or immediate family ties, during their tenure or for a period of one (1) year thereafter. For ptuposes of this paragraph, a "covered person" includes any person who is an employee, agent, consultant, officer, or elected or appointed off cial of City, the Subrecipient, or any designated public agency. J. Lobbying. The following certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31; U.S.C. Subrecipient hereby certifies that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal Agreement, the malting of any Federal grant, the malting of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal Agreement, grant, loan, or cooperative agreement; Z. If any fitnds other than Federal appropriated funds have been paid or will be paid to any person fox influencing attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal Agreement, grant, loan, or cooperative agreement, it will complete and submit Standard Foi~n-LLL, "Disclosure Form to Report Lobbying," in accordance with its instr~etions; 3. Subrecipient will regture that the following language be included in the award doctlrnenfis for alI sub-awards at all tiers {including subcontracts, sub-grants, and contracts under grants, Loans, and cooperative agreements} and that all subrecipients shall certify and disclose accordingly; "This certification is a material representation of fact upon which reliance was placed when this transaction was made or ezztered into. Submission of this certification is apreregtlisite for malting or entering into this transaction imposed by 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not let less that $10,000 and not more than $100,000 for each such failure." IV. EN'VYRONMLNTAL CONDITIONS A, Air and Water. Subrecipient specifically agrees to comply with the following regulations insofar PY2011 SUS-Rt~cIYIBNrAGREEMENr- PAGE 10 OP 16 MERIDIAN $pYS AND GIRLS CLUB as they apply to the perfoi7nance of this Agreement: 1. Clean Air Act, 42 U.S.C. §§ 7401, et seq. 2. Federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251, et seq., relating to inspection, monitoring, entry reports, and information, as well as other requirements specified in said Act, and all regulations and guidelines issued thereunder. 3. Environmental Protection Agency (EPA} regulations pursuant to 40 C.F.R. Part S0. B. Flood Disaster Protection, In accordance with the requirements of the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4001), Subrecipient shall assure that for activities located in an area identified by FEMA as having special flood hazards, flood insurance under the National Flood hlsuranee Program is obtained and maintained as a condition of financial assistance for acquisition or construction pwposes (including rehabilitation). C. Lead-Based Paint. Subrecipient agrees that any construction or rehabilitation of residential structures with assistance provided under this Agreement shall be subject to HUD Lead-Based Paint Regulations, 24 CFR Part 3S, implementing Title X of the Housing and Community Development Act of 1992. These regulations revise the CDBG lead based paint requirements under 24 CFR § 570.608. Such regulations pertain to all CDBG-assisted housing and require that all owners, prospective owners, and tenants of properties constructed prior to 1978 be properly notified that such properties may include lead-based paint. Such notif cation shall point out the hazards of lead-based paint and explain the symptoms, treatment and precautions that should be taken when dealing with lead-based paint poisoning and the advisability and availability of blood level screening for children under seven. The notice must also point out that if lead-based paint is found on the property, abatement measures maybe undertaken. The regulations further require that, depending on the amotu~t of Federal funds applied to a property, paint testing, risk assessment, treatment ancUor abatement maybe conducted. D. Historic Prese~wation. Subrecipient agiees to comply with the Historic Preservation requirements set fo>~11 ui the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470) and the procedures set forth in 3 6 CFR Part 800, Advisor Council on Historic Preservation Procedures for Protection of Properties, insofar as they apply to the performance of this Agreement. In general, this requires concru~-ence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years or older or that are included on a Federal, state or local historic property List. V. GENERAL CONDITIONS A. Notices. All notices regiured to be given by either of the parties hereto shall be in writing and be deemed communicated when personally served, or mailed in the United States mail, addressed as follows: City of Meridian Attn: Lori Den Hartog CDBG Program Administrator Boys and Girls Club of Ada County Attn: Colleen Braga Executive Director P'Y'2011 SUB-RECIPIENT AGREEMENT - MERIDIANBOYS ArID Gilu,s Clus SAGE 11 or 16 33 E. Broadway Avenue 610 E. 42na Street Meridian, Idaho 83642 Garden City, Idaho $3714 Either patty may change its authorized representative and/or address for the purpose of this paragraph by giving written notice of such change to the other party in the manner herein provided. B. Compliance with laws. Subrecipient agrees to comply with HUD regulations concei7ung CDBG funds, including, but not limited to, 24 CFR Part S70 and subpart I~ of such regulations. Subrecipient also agrees to comply with all other applicable Federal, state and local laws, regulations, and policies governing the funds provided under this Agreement, except that: (l ) Subrecipient does not assume the recipient's enviromnental responsibilities described in 24 CFR 570.604, and (2) Subrecipient does not assume the recipient's xesponsibility for uutiating the review process under the provisions of 24 CFR Part S2. C. Copyright. Contracts of agreements for the peY•for7nance of experimental developmental or research worl~ shall provide for the righfs of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR fart 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants Contracts and Cooperative Agreements." D. Independent Contractor. Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties. Subrecipient shall at all times remain an independent Contractor with respect to the services to be perfol~ned under this Agreement. City shall provide no benefits or insurance coverage whatsoever to Subrecipient and/or to its agents. E. Indemnity. Subrecipient, and each and all of its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and all participants in Subrecipient's programming, shall hold harmless, defend and indemnify City from and for all such losses, claims, actions, and/or judgments for damages or injuuy to persons or property and/or losses and expenses caused or incurred by Subrecipient and/or its employees, agents, contractors, officials, officers, servants, guests, and/or invitees, and participants in its programming, and other costs, including litigation costs and attorneys' fees, arising out of, resulting from, or in connection with the perfot~nanee of this Agreement by Subrecipient and/or Subrecipient's employees, agents, contractors, subcontractors, officials, officers, servants, guests, invitees, participants, and/or vohrnteers and resulting in and/or attributable to personal injury, death, and/or damage and/or deshuction to tangible or intangible property. F. Workers' Compensation. Subrecipient shall provide Workers' Compensation Insurance coverage for all employees involved in the performance of this Agreement. G. Insurance and banding. Subrecipient shall carry sufficient insurance coverage to protect Agreement assets fiom loss due to theft, fiaud and/or undue physical damage. Further, Subrecipient shall comply with the bonding and insuuance requirements of 24 CFR § § 84.31 and 84.48. H. Grantor Recognition. Subrecipient shall publically recognize the role of City in providing PY2011 SUB-RBCIPIBNT AGIZEEMEN•r• - PAGE 12 oP 16 MERIDIAN BOYS AND GTars Crua services under this Agreement. In addition, Subrecipient will include a reference to the support provided herein in all publications made possible with funds made available under this Agreement. I. Amendments. The parties hereto may amend this Agreement at any time provided that such amendments rnalce specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of each party, and approved by City's goveiTiing body. Such amendments shall not invalidate this Agreement, nor relieve or release either party from its obligations under this Agreement. City may, in its discretion, amend this Agreement to canfoi~n with Federal, state or Local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be tuidertal~en as part of this Agreement, such modifications will be incozporated only by written artnendment signed by both parties. J. Termination. 1. Notice of termination. Either party may terminate this Agreement by, at least 30 days before the effective date of such termination, giving written notice to the other party of such termination and specifying the effective date thereof 2. Partial termination. Partial terminations of the Scope of Service as set forth herein may only be undertaken with the prior approval of City. 3. Work completed. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, repoY•ts of other materials prepared by Subrecipient wider this Agreement shall, at the option of City, become the property of City, and Subrecipient shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents or materials prior to the termination. 4. Termination far convenience, iii accordance with 24 CFR § 85.44, suspension or tei~nination of the Agreement, in whole or iz~ paxt, may occur for convenience. 5. Termination for material noncompliance. In accordance with 24 CFR § 85.43, suspension or termination of the Agreement, in whole or in part, may occur if Subrecipient materially fails to comply with any tezxu of this Agreement, which shall include, but shall not be limited to, the following: a, Failure to comply with any ofthe rules, regulations or provisions refel~ed to herein, or such statutes, regulations, executive orders, and HUD guidelines, policies ar directives as may become applicable at any time; b. Failure by Subrecipient to fulfill in a timely and proper manner its obligations under this Agreement; c• Ineffective or improper use of funds provided under this Agreement; or d. Submission by the Subrecipient to City reports that are incorrect or incomplete in any material respect. 6. Penalty for material noncompliance. In addition to suspension or termination of this Agreement andlor any other remedies as provided by law, upon a finding of material PY2o11 SUB-RECII'IENTAGREEMENT- PAGE 13 OP 16 MERIDIAN BOYS AND GIRLS CLUB noncompliance, City may declare Subrecipient ineligible for any ftu-ther participation in City GDBG pxogramming. In the event there is probable cause to believe Subrecipient is in noncompliance with any applicable rules or regulations, City may withhold up to fifteen (15) percent of said Agreement funds until such time as Subrecipient is found fo be in compliance by City, or is otherwise adjudicated to be in compliance. K. Assignment. Subrecipient shall not assign or transfer any ilrterest in this agreement withotrt prior written consent of City; provided, however, that claims far money due or to become due to Subrecipient fiom City tuzder this Agreement maybe assigned to a bank, trust company, or other financial institution without such approval. Notice of any assignment or transfer shall be finished promptly to City. L. Subcontractors. 1. City must approve. Subrecipient shall not enter into any subcontracts with any agency or individual in the performance of this Agreement without the prior written consent of City. All subcontracts entered into in the performance of this Agreement shall be awarded pursuant to any applicable provisions of the City Purchasing Policy and/or Local, state, or federal laws. 2. Monitoring. Subrecipient shall monitor all subcontracted services on a regular basis to assure contract compliance. Results of monitoring efforts shall be summarized in written reports and supported with documented evidence of follow-up actions taken to col~ect areas of noncompliance. Subrecipient shall fiunish and cause each of its own subrecipients or subcontractors to fiirnish alI information and reports required hereunder and will permit access to its books, records and accounts by City, HUD or its agent, or other authorized Fedexal officials for purposes of investigation to ascertain compliance with the zules, regulations and provisions stated herein. 3. Subcontract content. Subrecipient shall cause all provisions of this Agreement in their entirety to be included in and made a part of any subcontract exectrted in the performance of this Agreement. Specifically, without limitation, Subrecipient shall include the provisions of this Agreement regarding Civil Rights and Affil~native Action in every subcontract or puxchase order, specifically or by reference, to ensure that such provisions will. be binding upon alI subcontractors. 4. Aocumentation. Executed copies of all subcontracts shall be forwarded to City along with documentation concerning the selection process. M. Relocation, real property acquisition, and one-for-one housing replacement. Subrecipient agrees specifically, without ]imitation, to comply with: 1. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA), and implementing regulations at 49 CFR Part 24 and 24 CFR 570.606(b); 2. The requirements of 24 CFR 570.606(c) governing the.Residential Anti-displacement and Relocation Assistance Plan under section 104{d) of the HCD Act; and 3. The requirements in 24 CFR 570.606(4) governing optional relocation policies. PY20I 1 SUB-RECIPIENT AGREEMENT - PAGE 14 OF 16 MERIDIAN BOYS AND GIIZLS CLUB Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR 570.606(b)(2) that are displaced as a direct result of acquisition, rehabilitation, demolition or conversion for a CDBG-assisted project. N. No .contractual impediments. Subrecipient certifies and agrees that no contractual or other disability exists which would prevent compliance with these requirements. O. Severability. If any provision of this Agreement is held invalid, the reminder of the Agreement shall not be affected thereby and all other parts of this Agreement shall nevertheless be in full force and effect. P. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. Q. Non-waiver. Failure of either party to promptly enforce the strict performance of any term of this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter enforce such term, and any right or remedy hereunder maybe asserted at any time after the governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. R. Approval required. This Agreement shall not become effective or binding until approved by the respective governing bodies of both City and Subrecipient. IN WITNESS WHEREOF, the parties shall cause this Agreement to be executed by their duly authorized officers to be effective as of the day and year first above written. SUBRECIPIENT: Boys and Girls Club of Ada County ~~~ By: Colleen Braga, Execuil e Director CITY: City of Meridian By: Ta>ffim,~/de Weerd, Mayor PY2011 SUB-RECIPIENT AGREEMENT - MERIDIAN BOYS AND GIRLS CLUB STATE OF IDAHO ) ss: County of _~~_ ) I HEREBY CERTIFY that on this (~_ day of ~t2~n/.~, before the undersigned, a Notary Public in the State of Idaho, personally appeared Colleen Braga, proven to me to be the person who executed the said instrument, and acknowledged to me that such person executed the same. ]N WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year ~ this certificate -first above written. Notary Public for Ida~IO~ -~ Residing at ~ ° ,~. ~ r ~ Z('%L L ~P ,Idaho My Commission Expires: L(.1 C.= ~ " ~~ (,. ~~~pTEDA(1CLSr' Attest: City Clerk PAGE 15 OF 16 PY2O11 SUD-RECIPIENT AGREEMENT- PAGE 16 OF I6 MERIDIAN BOYS AND GEZLS CLtID Meridian ity ouncil etin T :December 6, 2011 IT NU 51 J CT Nu : MDA 11-005 DATE: IE_MSTAFF TOI AGENCYO I APPLICANT I NOTES I INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 16 BOISE IDAH01?107111 10:01 AM DEPUTY Gail Garrett III Illii II IIIIII~I"~~ ~~ III III RECORDED-REQUEST OF i 11~'~'~r~~~ Meridian City AMENDED AND RESTATED DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. Walmart Real Estate Business Trust, Owner/Developer THIS AMENDED AND RESTATED DEVELOPMENT AGREEMENT (this "Agreement"), is made and entered into this~`N'`' day of 2011, by and between City of Meridian, a municipal corporation of the State of Idaho ("City"), and Walmart Real Estate Business Trust ("OwnerlDeveloper"). RECITALS A. On September 17, 2007, the City and James Prather, the original owner/ developer, entered into that certain Development Agreement, recorded on September 20, 2007 as Instrument No. 107131597; as amended by First Amendment to Development Agreement recorded on January 20, 2010 as Instrument No. 110005407, official records of Ada County, Idaho (collectively, the "Original Development Agreement") on real property more particularly described in the Original Development Agreement. B. This Agreement shall supersede the Original Development Agreement for the subject property. Upon recordation of this Agreement, the Original Development Agreement shall be null and void and of no further force or effect for the subject property only. C. Owner/Developer is currently the sole owner, in law and/or equity, of that certain tract of land in the County of Ada, State of Idaho, described in Exhibit A, which is attached hereto and by this reference incorporated herein as if set forth in full, hereinafter referred to as the Property. D. I.C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/Developer make a written commitment concerning the use or development of the subject Property. E. Owner/Developer's predecessor in interest submitted an application for annexation and zoning of the Property, requesting a designation of C-G (General Retail and Service Commercial District) under the UDC. F. City has exercised its statutory authority by the enactment of Section 11-SB-3 of the Unified Development Code ("UDC"), which authorizes development agreements upon the annexation and/or re-zoning of land. Walmart Overland Stoddard MDA-11-005 Page 1 G. Owner/Developer made representations at the public hearing before the Meridian City Council, as to how the subject Property will be developed. H. City Council, the 4th day of October, 2011, the Meridian City Council approved certain Findings of Fact and Conclusions of Law and Decision and Order ("Findings"), which have been incorporated into this Agreement. I. Owner/Developer deems it to be in its best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and request. J. City requires the Owner/Developer to enter into a development agreement for the purpose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this Agreement. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in full. 2. DEFINITIONS: For all purposes of this Agreement the following words, terms, and phrases herein contained in this section shall be defined and interpreted as herein provided for, unless the clear context of the presentation of the same requires otherwise: 2.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642. 2.2 OWNER/DEVELOPER: means and refers to Walmart Real Estate Business Trust, whose address is 2001 S.E. 10th Street, Bentonville, Arkansas 72716, the party that owns and is developing said Property and shall include any subsequent owner(s) or developer(s) of the Property. 2.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A attached hereto and by this reference incorporated herein as if set forth at length. 3. USES PERMITTED BY THIS AGREEMENT: This Agreement shall vest the right to develop the Property in accordance with the terms and conditions of this Agreement. 3.1 The uses allowed pursuant to this Agreement are only those uses allowed in the approved C-G zone under the UDC. Walmart Overland Stoddard MDA-11-005 Page 2 3.2 A conditional use permit for adrive-through pharmacy as approved by the Meridian Planning & Zoning Commission on September 1, 2011 is recognized as a conditional use on the Property. 3.3 No change in the uses specified in this Agreement shall be allowed without modification of this Agreement. 4. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 4.1 Owner/Developer shall develop the Property in accordance with the following special conditions: 1. All future uses shall not involve uses, activities, processes, materials, equipment and conditions of operation that will be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors. 2. All future development of the Property shall comply with City of Meridian ordinances in effect at the time of development. ~: The Owner/Developer shall be responsible for all costs associated with sewer and water service installation. 4. The public stub street (Alaska Street) in Bear Creek Subdivision along the south property boundary shall not be extended as a public or non-public street into the Property. At no time shall construction traffic associated with the development of the Property be allowed to access this Property using Alaska Street. 5. Access points to/from the site are limited to those shown on the conceptual development plan attached hereto as Exhibit B and by this reference incorporated herein, unless otherwise restricted/approved by ACHD. 6. Prior to issuance of the first Certificate of Occupancy for either of the two properties along the east boundary, construct amulti-use pathway from the sidewalk on the stub street at the south boundary (Alaska Street) along the east side of the property, connecting to the pathway on the ICON Credit Union site to Overland Road. Bollards shall be placed at the entrance of the pathway where Alaska Street terminates to prohibit vehicular access to the pathway. Prior to issuance of the Certificate of Occupancy for the largest building pad, construct amulti-use pathway from the south boundary within the street buffer adjacent to S. Stoddard Road along the west side of the property to the Overland/Stoddard intersection. In the interim of the pathway along the east boundary being constructed, a pedestrian connection shall be provided from Alaska Street at the south boundary to the Walmart site and Overland Road as shown on the conceptual Walmart Overland Stoddard MDA-11-005 Page 3 development plan with development of the largest building pad; a landscape buffer shall be installed along the southern boundary with berming as shown on the conceptual landscape plan in Exhibit C. A public pedestrian easement shall be recorded for the portions of the pathways that lie outside of the right-of--way on the subject property; a copy of said easement shall be submitted to the Planning Department with the related Certificate of Zoning Compliance application. The Owner/Developer shall design and construct the multi-use pathways in accordance with UDC 11-3A-8 and in conjunction with the Parks Department's standards, except that the pathways are allowed to be 8 feet in width, instead of 10 feet. Additionally, where the pathway(s) crosses drive aisles, the pathway(s) shall be distinguished from the driving surfaces through the use of pavers, colored or scored concrete, or bricks. Any changes to these requirements can be done pursuant to Article 17 of this Agreement. 7. The Owner/Developer shall be responsible to obtain a Certificate of Zoning Compliance (CZC) permit and administrative design review in accordance with the standards listed in UDC 11-3A-19 and the guidelines listed in the City of Meridian Design Manual, prior to all new construction on the Property. 8. Development of this Property shall be generally consistent with the conceptual development plan (attached as Exhibit B). The largest building proposed on the site shall be not exceed 170,000 square feet and shall have horizontal banding in a different color and/or material on the side and rear elevations of the building. Future development of the outlots depicted on the conceptual development plan shall be in accordance with the UDC applicable at the time of such development. 9. The following uses shall be prohibited along the southern half of this site: fuel sales facility; building material, garden equipment & supplies; and vehicle washing facilities. 10. Construct a 25-foot wide landscape buffer along Overland Road in accordance with the standards in UDC 11-3B-7. 11. Construct a 20-foot wide landscape buffer along Stoddard Road in accordance with the standards in UDC 11-3B-7. 12. At least a 60-foot wide separation is required along the southern Property boundary. Within said 60 feet a 25-foot wide landscape buffer shall be constructed at the south property line, then a drive aisle. Landscape buffers shall be designed and constructed in accordance with UDC 11-3B-9. Walmart Overland Stoddard MDA-11-005 Page 4 13. As close as practicable to the existing Bear Creek Subdivision fence along the southern boundary of the Property, provide an 8-foot tall white vinyl fence to assist in providing a buffer to the residents in Bear Creek Subdivision in addition to the landscaping requirements listed in UDC 11- 3B-9C.l.aand b. -1-0: The Owner/Developer shall comply with all landscaping standards described in UDC 11-3B, including but not limited to UDC 11-3B-8 which outlines the standards for parking lot landscaping. 15. Owner/Developer shall be responsible to install street lighting along the project's frontage on W. Overland Road and S. Stoddard Road in accord with the City's Improvement Standards, prior to occupancy of the first building on the site. 16. Owner/Developer shall record an easement granting cross-access to the ICON Credit Union property at the northeast corner of the site (parcel #R7288000004). A copy of said easement shall be submitted with the first Certificate of Zoning Compliance application for this site. 17. Overnight recreational vehicle parking/camping on the site is prohibited. 5. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 5.1 Acts of Default. Either party's failure to faithfully comply with all of the terms and conditions included in this Agreement shall constitute default under this Agreement. 5.2 Notice and Cure Period. In the event of Owner/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days from receipt of written notice from City to initiate commencement of action to correct the breach and cure the default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and continuity. 5.3 Remedies. In the event of default by Owner/Developer that is not cured after notice as described in Section 5.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de-annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has occurred. Walmart Overland Stoddard MDA-11-005 Page 5 This Agreement shall be enforceable in the Fourth Judicial District Court in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 5.4 Delay. In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the ,time for such performance shall be extended by the amount of time of such delay. 5.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. 6. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's/Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in connection with the adoption of this Agreement by the City Council. 7. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check or negotiable bonds, as allowed under Meridian City Code §11-5-C, to insure that installation of the improvements, which the Owner/Developer agrees to provide, if required by the City. 8. CERTIFICATE OF OCCUPANCY: The Owner/Developer agrees that no Certificates of Occupancy will be issued for any building site or parcel until all improvements thereto, required under this Agreement have been installed, completed, and accepted by the City. The Owner/Developer may develop each parcel or building site as a separate phase or in phases. 9. ABIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian unless otherwise provided by this Agreement. 10. NOTICES: Any notice desired by the parties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three (3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerk City of Meridian 33 E. Broadway Ave. Meridian, ID 83642 OWNER/DEVELOPER: Walmart Real Estate Business Trust Sam M. Walton Development Complex 2001 S.E. 10th Street, Mail Stop 5570 Bentonville, Arkansas 72716-5570 Walmart Overland Stoddard MDA-11-005 Page 6 with a copy to: . City Attorney City of Meridian 33 E. Broadway Avenue Meridian, ID 83642 10.1 A party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. 11. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney's fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 12. 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 and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 13. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner/Developer of the Property, each subsequent owner and any other person 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 hereof 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 Agreement if City, in its sole and reasonable discretion, determines that Owner/Developer has fully performed its obligations under this Agreement. 14. DUTY TO ACT REASONABLY: Unless otherwise expressly provided, each party shall act reasonably in giving any consent, approval, or taking any other action under this Agreement. 15. COOPERATION OF THE PARTIES: In the event of any legal or equitable action or other proceeding instituted by any third parties (including a governmental entity or official) challenging the validity of any provision of this Agreement, the parties hereby agree to cooperate in defending such action or proceedings. 16. INVALID PROVISION: If any provision of this Agreement is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. Walmart Overland Stoddard MDA-11-005 Page 7 17. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner/Developer and City relative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, either oral or written, express or implied, between Owner/Developer and City, other than as are stated herein. All Exhibits referenced herein are incorporated in this Agreement as if set forth in full including all text information in the Exhibits. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. 17.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without 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. 18. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective as of the date this fully executed and notarized Agreement is recorded in the real property records of Ada County, Idaho. IN WITNESS WHEREOF, the parties have herein executed this Amended and Restated Development Agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Walmart Real Estate Business Trust, a Delaware Statutory True. By: Its: CITY OF MERIDIAN de Weerd Walmart Overland Stoddard MDA-11-005 Page 8 STATE OF __ ): ss County of ) ACKNOWLEDGMENTS On this ~,~~ day of ~ , 2011, before me, the undersigned, a Notary Public in and for id tate, perso lly appeared known or identified to me to be the of Wa art Real Estate Business Trust, who executed the instrument on behalf of Walmart Real Estate Business Trust, and acknowledged to me that such Trust 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. Jane Bennett County of Benton Notary Public -Arkansas My Commission Exp. 03/13/2012 STATE OF IDAHO ) : ss County of Ada ) Not ublic for ~-f~ SAS Residing at ~Y1'Ct511_ cZ~ lrV E . {} ~ My Commission Expire 3 C~-~ l1. On this~_ day of ~P c¢~ btu 2011, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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 seal the day and year in this certificate first above written. ,.....® +•®•~SICA ~ •. ,,~,~® r . ~ ~~ ® . • r`~`, ~ • ~'~'• ~ ®® . ~,c,~ ~LIC ,,,, •, dlr. ~1~~~~tP.• Not y Public Ida o Residing at C,y ~ l 0.n , l D My Commission Expires: J a rn y., y t Walmart Overland Stoddard MDA-11-005 Page 9 EXHIBIT A LEGAL DESCRIPTION OVERLAND AND STODDARD PARCEL A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID CORNER BEING SOUTH 89°47'17° EAST A DISTANCE OF 1309.39 FEET FROM THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00'44'30" WEST A DISTANCE OF 48.00 FEET ALONG THE EAST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF W. OVERLAND ROAD; THENCE NORTH 89'4717" WEST A DISTANCE OF 219.15 FEET ALONG SAID SOUTHERIYRIGHT-OF-WAY OF W. OVERLAND ROAD AND PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH 00'44'30" WEST A DISTANCE OF 198.77 FEET PARALLEL WITH THE EAST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE NORTH 89'4717" WEST A DISTANCE OF 251.02 FEET PARALLEL WITH THE NORTH 80UNDARY OF SAID NORTHWEST QUARTER Of THE NORTHEAST QUARTER TO A POINT; THENCE NORTH 00'12'43" EAST A DISTANCE OF 198.77 FEET PERPENDICULAR TO SAID NORTH BOUNDARY TO A POINT ON THE SOUTHERLY RIGHT-0F-WAY OF W. OVERLAND ROAD; THENCE SOUTH 89°47'17" EAST A DISTANCE OF 252.86 FEET ALONG SAID SOUTHERLY RIGHT-OF-WAY OF W. OVERLAND ROAD TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL IS DEPICTED AS PARCEL 2 HV RECORD OF SURVEY N0.8687, RECORDED NOVEMBER 25, 3009 AS INSTRUMENT N0. 109132349, RECORDS OF ADA COUNTY, IDAHO. AND: A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, 801SE MERIDIAN, ADA COUNTY, iDAI-i0, MORE? PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID CORNER BEING SOUTH 89°47'17" EAST A DISTANCE ~ 1309.39 FEET FROM THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00'44'30" WEST A DISTANCE OF 246.77 FEET ALONG THE FJ1ST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNMIG; THENCE CONTINUING SOUTH 00'44'30" WEST A DISTANCE OF 506.76 FEET ALONG SAID EAST BOUNDARY TO A POINT; THENCE NORTH 89°47'17" WESTA DISTANCE OF 485.48 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE NORTH 00°12'43" EAST A DISTANCE OF 508.73 FEET PERPENDICULAR TO THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF W. OVERLAND ROAD; THENCE SOUTH 89.47'17" EAST A DISTANCE OF 470.17 FEET ALONG SAID SOUTHERLY RIGHTAF-WAY OF W. OVERLAND ROAD TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL IS DEPICTED AS PARCEL 3 NJ RECORD OF SURVEY NO. 8687, RECORDED NOVEMBER 25, 2009 AS INSTRUMENT N0. 109132349, RECORDS OF ADA COUNTY, IDAHO. AND ALSO: »n OIUtiOt1~ ove~landlStoddard ALTA Survey Tarr tu+~Me °M c«r,Yy Job No. 11-30 Pane 1 of 3 A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID CORNER BEING SOUTH 89°47'17" EAST A DISTANCE OF 1309.39 FEET FROM THE NORTHWEST CORNER Of SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00°44'30" WEST A DISTANCE OF 48.00 FEET ALONG THE EAST BOUNDARY OF THE SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF W. OVERLAND ROAD; THENCE NORTH 89°4717" WEST A DISTANCE OF 472.01 FEET PARALLEL WITH THE NORTH BOUNDARY Of SAID NORTHWEST QUARTER OF 'THE NORTHEAST QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH 00°12'43" WEST A DISTANCE OF 705.50 FEET PERPENDICULAR TO SAID NORTH BOUNDARY TO A POINT; THENCE NORTH 89°4717" WEST A DISTANCE OF 815.38 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE 1=ASTERLY RIGHT- OF-WAY OF S. STODDARD ROAD; THENCE NORTH 00°51'13" EAST A DISTANCE OF 387.03 FEET ALONG SAID RIGHT-OF-WAY AND BEING PARALLEL WITH THE WEST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE SOUTH 89°4717" EAST A DISTANCE OF 248.54 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE NORTH 90'12'43"EAST A DISTANCE OF 318.50 FEET PERPENDICULAR TO SAID NORTH BOUNDARY TO A POINT OIJ THE SOUTHERLY RIGHT-OF-WAY OF W. OVERLAND ROAD; THENCE SOUTH 89°4717" EAST A DISTANCE OF 582.50 FEET ALONG SAID RIGHT-OF-WAY AND BEMtG PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEG~lING. THE ABOVE DESCRIBED PARCEL IS DEPICTED AS PARCEL 41N RECORD OF SURVEY N0.8887, RECORDED NOVEMBER 25, 2009 AS INSTRUMENT NO. 109132349, RECORDS OF ADA COUNTY, IDAHO. AND ALSO: A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF'THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE i WEST, BOISE MERIDIAN, ADA COUNTY, IDAHO, MORE PARTICUURLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID CORNER BEING SOUTH 89°47'17" EAST A DISTANCE OF 1309.39 FEET FROM THE NORTHWEST CORNER Of SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00°44'30" WEST A STANCE OF 48.00 FEET ALONG THE EAST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF W. OVERLAND ROAD; THENCE NORTH 89°47'17" WI=ST A DISTANCE Of 1034.51 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF TFIE NORTHEAST QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH 00°12'43" WEST A DISTANCE OF 318.50 FEET PERPENDICULAR TO SAID NORTH BOUNDARY TO A POINT; THENCE NORTH 69'4717" WEST A DISTANCE OF 248.54 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO_ A PONJT ON THE EASTERLY RIGHT- OF-WAY OF S. STODDARD ROAD; THENCE NORTH 00.51'13" EAST A DISTANCE OF 298.49 FEET ALONG SAID RIGHT-OF-WAY AND BEING PARALLEL WITH THE WEST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE ALONG SAID RIC3HT-OFa/VAY NORTH 4751 `01" EAST A DISTANCE OF 29.73 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF W. OVERLAND ROAD; THENCE SOUTH 89°47'17" EAST A DISTANCE OF 223:23 FEET ALONG SAID RIGHT-OF-WAY AND BEING 1 ti ns rxvvseoddard ^LrA survey ,~ „a ,lob ho. t 1-30 Page 2 of 3 PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING. THE ABOVE DESCRIBED PARCEL IS DEPICTED AS PARCEL 5 IN RECORD OF SURVEY N0.8687, RECORDED NOVEMBER 25, 2009 AS INSTRUMENT NO. 109132349, RECORDS OF ADA COUNTY, IDAHO. AND ALSO: A PARCEL OF LAND BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, ADA COUNTY tDAHO, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER, SAID CORNER BEING SOUTH 89°4717" EAST A DISTANCE OF 1309.39 FEET FROM THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE SOUTH 00°44'30" WEST A DISTANCE OF 48.00 FEET ALONG THE EAST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT ON THE SOUTHERLY RIGHT-OF- WAY OF W. OVERLAND ROAD; THENCE NORTH 89°4717" WEST A DISTANCE OF 1257.74 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A.POINT; THENCE SOUTH 47°51'01" WEST A DISTANCE OF 29.73 FEET TO A POINT ON THE EASTERLY RIGHT-OF-WAY OF S. STODDARD ROAD; THENCE SOUTH 00'51'13" WEST A DISTANCE OF 520.64 FEET PARALLEL WITH AND 30.00 FEET EAST OF THE WEST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT OF BEGINNING; THENCE SOUTH W°51'13" WEST A DISTANCE OF 164.87 FEET PARALLEL WITH AND 30.00 FEET EAST OF THE WEST BOUNDARY OF SAID NORTHWEST QUARTER OF THE WORTHEA3T QUARTER TO A POINT; THENCE NORTH 89°4717" WEST A DISTANCE OF 5.00 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE NORTH 00'51'13" EAST A DISTANCE OF 164.87 FEET PARALLEL WITH AND 25.00 FEET EAST OF THE WEST BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO A POINT; THENCE SOUTH 89°47'17" EAST A DISTANCE OF 5.00 FEET PARALLEL WITH THE NORTH BOUNDARY OF SAID NORTHWEST QUARTER OF THE NORTHEAST QUARTER TO THE POINT Of BEGINNING. THE ABOVE DESCRIBED PARCEL IS DEPICTED AS PARCEL 6 IN RECORD OF SURVEY NO. 8687, RECORDED NOVEMBER 25, 2009 AS INSTRUMENT NO. 109132349, RECORDS Of ADA COUNTY, IDAHO. ~~L LAN4 ~~' T R ~ , 11118 N~ ~s(z3~i~ ~~ ~~~ ~TF o ~ ~°~ 5~ tiT~N W . NPR i S Overtand/3tocldard ALTA Survey ~w.~a Job No. 11-30 Page 3 of 3 OVERLAND AND STODDARD PARCEL. -EXHIBIT LOCATED IN THE NE 1/4 OF SECTION 24, T3N, Ri W, 9M, ADA COUNTY, IOAHO BAS7S LY' BEARING Is s d9Y7y7'f W. 04£RLAND ROAO 1J09JD' [ r/t 0---- - - - - -' - - - - - - - o loo zoo ti, PARQEL 5 ~1 ~ R72d9A0b'094 I'~ ~ I M earn,' w - k w y~lr~ ~r ~~ h 0 = y 1. PARGfL B ~ SI??t12Q140 I +~~` o ~~ CN 1/16 PARCEL 4 51224120.~ta0 L4~'f TABL£ Lb11E" Ili v B[AR ~fX St~YNS?'GV HO P MOT A PART PARCEL Y R71960POId0! R72ddDa014 KU4I 07t'U~t W~YIP! 4AS M OtERUM19 RO 0 iK/.0?' ~ 17Rr3' ~r?r S Ba77YT f :~ PARQEI J ~~6 S1224120A50 St ~ W land Surveying and Consulting 7HE BENtM1G5 ANO DISTANCES SHOWN ON lltt 231 E. 5711 ST., STE. A EX1iWiARF @ASED llYON f~COND I?A+OFAl~T10N MERIDIAN. ID 83642 SHOWN ONRECOPDCIFSVItVEYN0.8687. ~) ~w~B.ImdDiiS57fex EXHIBIT B Conceptual Development Plan ._ _._ ... ~-. _. ~ ~ ~ r- ~, 1 ~, .- ------ - i~ ~! i ~ { T A PART „ems ~ ~ ~ I ~' ~ ~ '`mod yes ~ COLORED ~ ~ COLORED ;'~ t,~ ~~ *';`~,'~ ~ CONCRETE ' CONCRETE ~ ;'~ i,l ,~~,,~', 5 ;,~ ~ cROSSwAIx , ~ cROSSwAU~ ; ~'', ~ ~~l ~ ~ i A l i l l 1 t l ~11,~ l~ ~ I I `, ;: ~ s ~: ~, i. ~ ~i ~ , ~ w ~ ~ ~ { caoRED ~ , S i~ !', i ~ -- - -~ ~ ~ CONCRETE I ~ ~~i ? ~ , ~ ;~ I CROSSWALK j i ~~ i! ' ' ~ ~ ~ I I -------- ji `< ~ ~ PROPOSED 8' j PEDESTRIAN '' ~' I ACCESS I ": I COLORED j I °;<< ~ i CONCRETE j t'' ~';>r I ~ CROSSWALK j .,t ) #~ ,. ~~,, ' ~~Ei~I EDUCTION G ~ ~ ~ EM~RGEN ~,, ' ,. (t~AS RE << r-. ~, ~"~ ~ i ~~: ~~~~~,~~~~~~ ~ - ~ CONC AL DE ENT N EXHIBIT cfls cd~a. st. ~.w„ s~ la r too) > Oly~+pY, WA 91501 F (360) 7l6rSM7 M~ '._ .. _.. _._... _:. .. i. ~ ~ _._. F !'°~° ~~ T`a YMn.®Mqw 1 1YO. MnpYrtY 1 ~~ ~1~ ~a~~ t tt ~i~ru 1~~'~~~ t A M p •M® 1 ~ IM~I' Exhibit C Conceptual Landscape Plan ~TTnRI ~ _ ~ I _'- ~ ~ - ~ RICHARD H. ANDRUS JOANN C, BUTLER T. HETHE CLARK PHIL E. DE ANGELI MICHAELT. SPINK (208) 388-1093 JBU~-LER@SPINKBIJTLER.COM Via Hand Deliver November 29, 2011 City of Meridian Attn: jacy Jones 33 E. Broadway, Suite 104 Meridian, ID 83642 RE: MDA-11-005; Amended and Restated Development Agreement SB Matter No.:21622.35 Dear Jacy: Please see the enclosed original Amended and Restated Development Agreement relating to the Walmart project location at Overland and Stoddard. This document has been executed by Walmart's representative; John E. Clarke, and notarized. With this transmittal, we believe you should have everything necessary to place this Agreement on the December 6th, City Council Agenda, for execution. Following that execution, we understand that the document will be delivered to Ada County on December 7th for recording. Please do not hesitate to contact us with any questions. Thank you. Sincerely, `` Sharon Gallivan SGG/ g Enclosure c: Client Nick Taylor 251 E. FRONT STREET SUITE 200 P.O- Box 639 BOISE, IOAHO 83701 208-388-1000 208-388-1001 (F) W W W-SPI N KB UTLER-COM Meridian iy uncil eein MEETING NoTEs /~y~~ e~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFF TOI AGENCY I APPL CANT I NOTES I INITIALS Mayor Tammy de Weerd Ciby Coanail Member4o Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: Tim Curns, Transportation and Utility Coordinator DATE: November 16, 2011 SUBJECT: APPROVAL OF PERMANENT EASEMENT FOR IDAHO POWER CORPORATION L RECOMMENDED ACTION A. Move to: 1. Approve the permanent easement for Idaho Power Corporation; and 2. Authorize the Mayor to sign the permanent easement II. DEPARTMENT CONTACT PERSONS Tim Curns, Transportation and Utility Coordinator 489-0342 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION Back - rg ound The Ada County Highway District will begin reconstruction of the Usticlc Road - Ten Mile Road intersection in 2012. The City currently owns a parcel on the west leg of the intersection where Well #19 is located. Idaho Power will be relocating power transmission lines along Usticlc Road to allow for the roadwork and has request a permanent easement to relocate one pole onto the Well #19 parcel. Currently, this pole is located adjacent to the Well site but within the right-of--way. 1 of 2 IV. IMPACT A. Service/Delivery Impact: Granting of the permanent easement to Idaho Power and relocation of the one power pole are not expected to have any impacts to Well #19, including its current or future operation. B. Fiscal Impact: There are no fiscal impacts associated with this easement. V. ALTERNATIVES Council may choose not to grant the permanent easement; however, staff does not see any reason for denial of Idaho Power's request. VI. TIME CONSTRAINTS Council's approval will allow Idaho Power to complete relocation of the power transmission lines prior to the start of ACHD's project. VII. LIST OF ATTACHMENTS A. Power Line Easement __ Approved for Council Agenda: arren Ste art, Engineering Manager __ / ~ f Date 2 of 2 Power Line asement M,~,,,,~,m Transmission Line ADA COUNTY RECORDER Christopher I BOISE IDAHQ 12107111 10:01 AM DEPUTY Gail Garrett III RECORDED-REQUEST OF Meridian City Rich AMOUNT .00 III IIIIIII IIIIIIIIIII ~~ Citv of Meridian, an Idaho Municiaal Coraoration, Grantors(s) of Ada County, State of Idaho , do hereby grant and convey to IDAHO POWER COMPANY, a corporation, with its principal office located at 1221 West Idaho Street, Boise, Idaho, its licensees, successors, and assigns, Grantee, for One Dollar and other valuable considerations, receipt of which is hereby acknowledged, aright-of- way and easement for the erection and continued operation, maintenance, repair, alterntion (including, but not limited to, voltage or capacity upgrades and additional structures, and/or new structure locations), inspection and replacement of overhead and/or underground electrical transmission, distribution, and communications lines and circuits of the Grantee, attached to towers, poles, props, guys, or other supports, together with crossarms and other attachments and incidental equipment thereon, and appurtenances, with the right to permit the attachment ofthe wires and fixtures of other companies or parties, over, under, on, and across the following premises, belonging to the said Grantor(s) in Ada County, State of Idaho , in the following location: An easement being a portion Lot 1, Block 5, of Englewood Creek Estates Subdivision No. 1, Township 4 North, Range 1 West, Boise Meridian, Ada County, Idaho. Being more particularly described as follows: See Exhibits "A and B" hereto attached Together with all rights of ingress and egress necessary for the full and complete use, occupation, and enjoyment of the easement hereby granted, and all rights and privileges incident thereto, including the right from time to time to cut, trim, and remove trees, brush, overhanging branches, and other obstructions which may injure or interfere with the Grantee's use, occupation, or enjoyment of this easement and the operation, maintenance, and repair of Grantee's electrical system or result in the violation of any state, focal, or federal law or regulation or the National Electrical Safety Code as the same now exist or may hereafter be amended. At no time shall Grantor(s) or Grantor's heirs, successors or assigns erect or place any building, structure, or store flammable material of any kind within the boundaries of said right-of--way, nor shall they bring or permit to be brought any equipment or vehicles or material of any kind within the boundaries of the said right-of--way that exceed 14 feet in height. Grantor shall not alter the grade or elevation of the land within the right-of--way existing on the date hereof through excavations, grading, installation of berms or other activities without the prior written approval of Grantee. Subject to the foregoing limitations, said right-of--way may be used by Grantor(s) far roads, agricultural crops, and other purposes not inconsistent with this easement. Said uses shall not interfere with any existing or future electrical tines of the Grantee, or result in the violation of any state, local, or federal law or regulation or the National Electrical Safety Code as same now exists or may hereafter be amended. Rowo~~ t2roa1 Page 1 of 2 cP STATE OF ~dA.~'10 ss. County of 1, ~J~ICa- ~7v\t' ~ , (Notary's Name) a~-n-ot~ary public, do hereby celrti'fy that on this ~ day of t'~i1'1~, 20~, personally appeared before me \o~M YY'IC.l1 dQ W ~.1~(,~~/',~J ®y (Individual's Name including title aft-erneach name) who, being by me first duly sworn, declared they are respectively the duly authorized persons of ~ 1'~'~-~ ~+" ~eN ~t~\ ay'\ (Organization Name), that he /she /they signed the foregoing document, and acknowledged to me that he /she /they executed the same as the free act and deed on behalf of said organization. • r • ° ° ' ° .. ,•~,~ZC~1 Job. • ® ,c1s . ® N u is I • tNotary Seal) ~ ® Mf 1/ iC.~ l0U'1 r ~ IJ~OCh ®~~ ~ ~Dr,,,, IG .O ® Residing at '• ®E Ow ID~'•• OtiY1 ~~ Commission exp cs Page 2 of 2 LIIGAL DI'JSCRIPTION r+o~ IDAHO POWER EASIaMFNT MCRIDIAN CITY PARCI';><. A.n easement being a portion of L,ot 1, 81ock 5, of Englewood Creek Estates Subdivision No. 1, Township 4 Nortla, Range 1 West, Boise Meridian, Ada County, Idaho. Being fitrtlter described as follows: BASIS OF Iii' AI2INGS: The North line of the Northeast 1/4 of Seatiotl 3, Township 4 Nartlt, Range 1 'West, Boise Meridian, derived from found mottttmettts and taken as North 89°07'11" Vilest with the distance between monuments found to be 2640,61 feet, BEGINNING at the Na•theast cot'ner of Lot 1, Block 5, of Englewood Creek Estates Subdivision No, 1, from which the Northeast cornet' of` said Section 3 beat's North 81°55'24" East a distance of 289,03 feet; thence along the East line of said Lot 1, South 00°24'02" West a distance of 26.86 Feet; thence leaving said Bast line, Notth 87°55'25" West a distance of I O 1,OG feet to a point ou the West Tine afsaid Lot 1; thence along said 'West!]ne North 00° 18'38" East a distance of 4.75 feet; thence along a cut've to the right with a radius of 19,80 feet and a central angle of 90°34'11" att era length of 31.30 feet (with a chord bearing of North 45°'35'44" East, ttncl a chord distance of 28.14 feet) to a point eta the Not•tlt line of said Lat 1; thence along said Not'th line Sattth 89°07'11" East a distance of 8],06 feet to the POINT OF BCGINNING, Said easement containing 2,521 square feet or OAG t~cres, more or less. Russell Badgley, F.L.S. 12458 Timberline Surveying 847 I'at'k Centt~e Way, Suite 3 Nampa, )Edaho 83651 (248) 465-5687 Ii ND OF D)CSCRIPTION x II n s 0 a o ~p r ~~o o ~,~~~ .A W t'v~On 0 ~~~ C n y r~~ '~o NBr~`~5?~tp . ~- ® ~o4i i~ ~r omZ ~~~c~i av Nnz~ b z NIEMANN DRIVE Mri ian ity ®uncil eein T :December 6, 2011 IT U 5K J T U ITEM TITLE: Lease Agreement Between The Kleiner Park Trust (Lessor) and the City of Meridian (Lessee) to Allow Early Possession of the Park for Purposes of Winter Maintenance MEETING NOTES ~„~o! Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION LEASE AGREEMENT THIS LEASE AGREEMENT is made and entered into this Za~day of November, 2011, by and between Eugene M• Kleiner, Michael E, Huter, Elden E. Gray and Michael B, Kleiner, as Co-Trustees of The Julius M. Kleiner Memorial Park Trust, UTA Dated April S, 2007, as amended, "Lessor"), and the City of Meridian, a municipal corporation of the State of Idaho {"Lessee"). WITNESSETH; WHEREAS, Lessor owns that certain real property located in Meridian, Ada County, Idaho, which is known as The Julius M. Kleiner Memorial Park and which is described on attached Exhibit "A" ("Park"); and WHEREAS, Lessor has constructed on the Park a maintenance shop ("Shop Building"); and WHEREAS, upon completion of the Park, Lessor will donate the Park, the Shop Building and all improvements constructed on the Park, except for the Meridian Senior Citizen Building being constructed on the Park, to Lessee; and WHEREAS, Lessee desires to take early possession of the Park, including the Shop Building, in order to store some its equipment and other property in the Shop Building and to be in a better position to manage and maintain the Park prior to acquiring fee simple title thereto; and WHEREAS, Lessor acknowledges and agrees that it is in the best interest of the Park to allow Lessee to take early possession of the Park. NOW THEREP'QRE, in consideration of the premises, covenants and agreements contained in this Lease, the parties hereto mutually covenant and agree as follows; 1. Premises. Lessor hereby leases to Lessee the Park, 2. Term. The term of this Lease shall commence on December 1, 2011 and shall continue until Lessor conveys title to the Park to Lessee, or such earlier date mutually agreed upon by Lessor and Lessee. 3. Rental, The consideration for Lessee's lease of the Park shall be Lessee's maintenance of the landscaping of the Park until Lessee conveys title of the Park to Lessee. 4, Restriction Against Opening, Until conveyance of title to the Park to Lessee, Lessee shall not operate the Park or open the Park to the public, L1ASE AGREEMENT - 42340,0004,2660876.3 S. Shop BaiIding. Lessor and Lessee agree that until title to the Park is conveyed to Lessee, or until Lessor vacates the Shop Building, whichever occurs first, Lessor shall, at no charge, have exclusive use and possession of the office space in the Shop Building and joint use with Lessee of the restroom, shower facilities and break area facilities in the Shop Building. 6. Lessor's Completion of Park. Notwithstanding anything to the contrary stated in this Lease, Lessor shall and does hereby retain the right and the obligation to complete the development and construction of the Park in accordance with its plans and desire, Yn connection with its developments and construction of the Park, Lessor shall and does hereby agree to maintain the same level of liability, builder's risk and other insurance it is currently maintaining in connection with its developments of the Park. 7. Taxes, 17uring the term of this Lease, Lessor agrees to pay to the appropriate governmental agencies all real property taxes, assessments, impositions ar other charges levied or assessed against the Park. S. Insurance, A. Fire Insurance on Paris. Lessor shall, at its expense, during the term hereof, keep the Shop Building and all other improvements on the Park insured in an amount equivalent to not less than 100% of the fizll insurable value thereof together with a replacement cost endorsement thereof against (a) loss or damage by fire; (b) a[I xisks customarily covered under extended coverage endorsements; and (c) vandalism and malicious mischief. B. Liability Insurance. Lessee shall, at its expense during the term hereof, keep in full force and effect a policy of public liability and property damage insurance with respect to the Park with minimum limits of public liability coverage of not less than $1,000,000 per person and $1,000,000 per occurrence, and with minimum limits of property damage [iability coverage of not ]ess than $1,000,000_ per accident or occurrence. The policy shall name Lessor and Lessee, as insured, and shall contain a clause that the insurer will not cancel or change the insurance without first giving Lessor ten (10) days' written notice, The insurance sha[I be issued by an insurance company approved by Lessor, and a copy of the policy or a certificate of insurance shall be delivered to Lessor within Eve (5} days of the execution of this Lease. All public liability, property damage, and other liability policies shall be written as primary policies not contributing with and not in excess of coverage which Lessor may carry. 9. Utilities. Lessor shall pay all charges for water, gas, heat, electricity, power, telephone service and al[ other services or utilities provided to the Shop Building and the Park during the term of this Lease. LEASE AGREEMENT - 2 42940,0004, 2800876,3 1U. Maintenance. During the term of this Lease, Lessee shall maintain the Shop Building in good condition, Lessee shall also maintain the grounds and landscaping of the Parlc in good condition in accordance with its standard park maintenance policy. 11. Security. During the term of this Lease, other than far standard police services performed by the Me~7dian City Police Department similar to the services it provides to public parks in the City of Meridian, Lessee shall not be required to perform any specific security related tasks nor to engage or pay for any private security for the Park. 12. Notices. Any notice or demand given under the terms of this Lease shall be deemed delivered when delivered by hand or mailed through United States Certif<ed Mail, postage prepaid, addressed to the other party at the fallowing addresses: In the case of Lessor; The Julius M. Kleiner Memorial Park Trust c/a Michael E, ,Muter, Co-Trustee 217 W. Georgia Avenue, Suite 1 QO Nampa, Idaho 836$6 In the case of Lessee: Ciry of Meridian Attn; Uffice of the Mayor 33 East Broadway Avenue Meridian, Idaho 83642 Such addresses may be changed from time to time by either party through written notice to the other party. 13. Assignment. Lessee shall not during the term of this Lease assign this Lease or sublease the Park without first securing Lessor's written consent to do so, which may be denied far any or no reason. Iq. Damage. In the event the Park and/or any improvements constructed thereon are damaged or partial ly destroyed by fire or other insured cause, the same shall be repaired from the proceeds of such insurance required to be maintained pursuant to this Lease within a reasonable period of time following the damage, 15. 17elcasc. Lessor and Lessee hereby mutually release and discharge each other from all claims and liability arising from or caused by any hazard covered by insurance on the Park or covered by insurance in connection with property on ar activities conducted on the Park, to the extent of such insurance, regardless of the cause of the damage or [oss. 16. Indemnification. Lessee, to the extent allowed by law, agrees to indemnify and save harmless Lessor from all demands, claims, causes of action or judgments, and all reasonable expenses incurred in investigating or resisting the same and for injury to person(s), loss of life, LEASE AGREEMENT - 3 4234tl.tlD04.288tl878.3 loss of property or damage to property, occurring on the Park arising out of the Lessee's use and occupancy of said Park, except if caused by the act or gross negligence of Lessor, its agents or employees, 17. Default. Default by Lessee in the performance of any of the terms, covenants and conditions of this Lease which Lessee has agreed to keep and perform shall constitute a breach of this Lease Agreement and Lessor may pursue any remedies available to it, In the event of any default by Lessee, time is expressly made of the essence of this Agreement. 18. Attorneys' Fees. In the event Lessor institutes any action to enforce any of the terms or conditions of this Lease, Lessor shall be entitled to reasonable attorneys' fees to be paid by Lessee. 19. Liens. Lessee shall not do or suffer anything to be done whereby the Park shall be encumbered by any valid workmen's or materialmen's Lien. Notice is hereby given that Lessor shall nat be liable for any material or labor furnished or to be furnished to Lessee in connection with its lease of the Park; and no mechanic's or other liens far any such labor or materials shall attach to or affect the reversionary or oilier estate or interest of Lessor in and to the Park. 20. Successors. This Lease shall be binding upon and inure to the benefit of the assigns and successors of the respective parties hereto. IN WITNESS WHEREOI~, the parties hereto have hereunto executed this Lease Agreement the day and year first above written. LESSOR; The Julius M. Kleiner Memorial Park Trust, UTD, Dated Apri15, 2007 By; ~ ~ ( _ Q--~ Michael E• Huter, Co~Trustec By; Elden E. Gray, Co-Trustee LEASE AGREEMENT - 4 A 2340.0004.2880879.3 LESSOR: City of Meridian, a municipal corporation of the State of Idaho LEASE AGREEMENT - 5 ~1 GO~~~ypTEDAUCLSrl j By: /7 ~~ 9~ Tammy De W er ,Mayor City of E TDIAN ~ IDAHO ~°~A ('L' A T ~ yff8afrlr 7HE1`9~~ea~~ Attest: City CI 42340.0004.2680878.3 r . , ,,~ _~ . , , E ' ~7~HIBT'I' A - , ' , ~ ' ' 1 .I'I •o F a 1 a 1 N F, . , , ,• ' • LANb PLl~NMfµn • . i , 1 tltYiL ' I • Rµ~„tKiFI N° ' • L~µ°~OAYi ' . AAVeiITeeTuM" ' ~ • nun ~uavwr t i ~' ' Boundary Aesetipiton , - of New Parcei 2' ' ' for Marldian Cente't'caC, iaLC •~ . ' doh l+Io. 6077070,00 - A paroal of land sltuated'in the ~ourtHwest quarter and the west lla]£ of fhe southwest quartet, of the southeast quarter afi$cctian 4, Towlaahip 3 Nartli, Range I least, Boiao lv~erldian; Ada . 'County, Idaho, being mom,paxtSoularly described as follows; - Commeacing at a braascap tnxridng tite southwest GorncP ofSection 4, 'I`ownslzip 3 North, , Kongo 1 Bast, Boise ivteri+dla», . 'thence 369°48'17'ti, 2fi59S1 fekst Belong the south tine of the s6Utbwest quarter to a 516 inch xebas utarldng the south ggartensection comer of 3ectlon 4; '. ' Thence S64°A6'39"Br 664:61 feet alongths south line of fhe~southeast quarter, Thence N00°ia'21 "H, X7.74 feet to a 518 inch xebar,marking the southwest o6mer of'Venfzue 3ubdivisioty $ook 27 of 1?lats•at Pages ! 704 & 1705, reciizds of Ada County', oa the north right-o~=waylineof~astFairviawAvohue; ' r r / Thence N40°o4 25'17, T,4•1.57 feet along the west Iina of•'V'enttua Subdit~islonto the l'O1N£ ThenceN89°Sg'29"~1,1365:1$feet; ~ , Thenca lI8.Zt fE.~t On a non-tangentt7urve to the loft, ooncave westerly, having a ~ • iadiusoPSil,67f~eet,acentra19ng1cofT3°I~i'19",achordloearingoYN38°U3'12"W, and anhord length of 1 I7.JS that ' ' . Tl'ience NQ4°49,,I B'~ W, 649.89 feeh, - - ' Thence 39~A7 feet on a anrvC to the right Saving a radius of 48833 feet, a ceirtxal angle of 46"42'24", a chard bearing ofiQ2l°19'U8.'W, and a chord Iehgtft of 387,14 ~ j ' Thence Not°oz'02",3, 7~0,4Tfeet; .- Theneo 1.6,135 feat on a curve to tfie left having a radius of 511.67 feet; a cgntrat angle , i , -' of I°53' I2", a chard be~Ing of NOl °05'26" 13, and a chord ]engtlt of 16.85 fe~K; ! Thence N00°08'SO"8,182,63 feet to rbe north line of thevrest balfofWts southwest If quarte , ii 1173Ea:1Y/t°dlnpCjrek~ifvl 'fhonnoN89°S.Y'41"~r,2,p.33.feetaloctgt'honoithlinoofthowesthalfofthe , Eagle,tU southwest quarter to ti5/8 invh iebsr marldng~e sottthwc9t comer rrf ltedf"eather • s3ata ' Eatates3ubdivisfott.No.7,~oak96ofl'latsatPagesl2&65&118S6,recotds ofAde rrttzaare~a.aaao • • ~ourriy, and the nartltwest corner of the east half bfWe southwest quartor, • , ' FX 2PalYd6.03ta , •• ' • wryw.Wmde'srdA.aom ` ~ ' viriY/.Aryaosf9°.t°ra , ~ . Paged aft i i •, , - 1 ' , , New3'arcel2 continued.,. •' . , , `, Thence N89°50'47'x,1330,48 feet along (4e south line of I2edfeather Estates , . 3ubdzVisioaNo. 7, ttie south liar: oflt~dfeather Lst~tes Subdivision No, d, Baok 9.5 ofPUts atPages 1181 B 8c 1181Q, records of Ada ~atmty„and the nozkhlme of the , ' east half ofthe southwest qurater'to a 51B Ine~r rebarmarldng tho center quarter- , section camas ' ~ , ' ' , Tlronre S00°10'49"W, I374.7tf feet along the eastl;ne ofiba southwest quarter to a • ' ~ lr2;nch saber marking tare soatlrwest comer of Clover-Meadows Subdivision PJo, 3, '. , . , hook 24 ofPlats at Pagea 1524 & 1525, reeords,of Ads County; ' Thence N89°58 ~34"E, 662,97 feet along ~ South Ifne of Mover Meadovus ' SabdivLsioaNo.:3 bo a l~ inc6 iebarmarking the aort4'aest cower of'Veature ' ,' Subdivision; Book 27 of Pfau at Pagea 1704 ~ 1705;, ~ ~ ', • ThtutGa 3b0°Q4'?.,5" .LV, 524,36 feet a[ongtha west Una oP Vontar8 Sirbdivision'to tba • ' 'POINT Olr ~PAINNTNc3.' ' i , Tho above-described parrs] cohtaine b4.00 acres, morE or less. i J , , ' ;; SubJebt to srty'c~aristixng'easements or rigbts•of--way of record ar apparent, ., ~ 1 r ' ~ ~, ~ , , , ~ M1 • . ' , , '' ' ' ~ • 1 , ~ . • 1 •• ~• 1 '. PAge2 Oft ' .4 E 9 1 6 N ! N_C. .L ' •~ ' ' '. - •r zaxd+ . Nd9~V~d' 13J0.ed' t legend - vewdar :rw ' ____._. . . ~ ,~ ~ .. E.Wtnq Rlghl-at.VmY~Snd fi} J ~ . r-}~+-+ - SvaUm CmAK L~J ~ Oyalv~5ea1laa Sofrtu A ~ Aroprt~ ~'OIM1W [~ i ~ na a odw . m `""rda o: c d ar i ' 1 1 V JCJ de..7Y ! 1!71!1-~1 V ddr .fJ' r r sr . r 144' ' Aaraal 2 1 6Q.Od Acres ~ `~, _ ~ . ~~ • )t . 1 ~, Md fYalyr/ RMIeJ N0.2 ROdt+&lrn ~ i f i • i f Gavrr Mdadari M+.J Svbdfvktan I ' , ~ ~. f 'It 66(:_97' i v r yr rdr&r®,~„W,~ r 'r •~ I Parnf, Ot Werrtnrng ' y~ v v j ~ wl , IJ+ ' r r ~ g'~ ~ ~j ~ r NoG•rs'11`Y s7.7C 8 9 -~_..v [a.t 7'a4iRi Aiv'rt'us sBSt'r6773 zasv.St~ -r~-..~~_saYirT~u'C Bs46f' _• ~ New Parcel 2 Exhibit F'roJec!-Ho, ' Qari~iooo ~ ;. n a e t ro . N o. tinter o7(rn/o~ aro~~o~~ ~p ~ Mertdiar- TQWR.C4I1teT eyl P.CoopeY I rotroewe.asco rvx.Zq Matki~t Conteraat, LLC $aaier i' ~ 35(3` nnssm.uae®.. vxRUdw.aep,rrrrraJ aty tll 6tai9+q {Sslw $fl99f id0. i 6t i . ' ;,,, . Meridian City Council eein of a Backup "Sewerline Inspection Camera" for the Existing Inspection Truck for aNot-To- Exceed Amount of $55,218.18 MEETING NOTES ~~m~ d Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION P T®: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Manager CC: Jacy Jones, Tiffany Floyd ate: 11 /21 /11 Re: November 29~' City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the November 29~' City Council Consent Agenda for Council's consideration. Request for Sole Source The Waste Water Department is requesting a Sole Source purchase for a Cues Camera for the sewer camera truck. This item was approved on the FY2012 budget. The City Waste Water Superintendent has described the sole source circumstances and the Purchasing Manager has investigated and is in agreement. Recommended Council Action: Approval of advertisement for Sole Source Purchase in the local paper for 2 weeks prior to purchase and authorize the Purchasing IVlanager to issue a purchase order for a Cues Camera and peripheral equipment in the amount of $55,218.18 at the conclusion of the notification period if no objection is received. Thank you for your consideration. Page 1 Mayor Tammy de Weerd _:. ~- .--' -- [= "~~ TO: Mayor Tammy de Weerd Members of the City Council FROM: Tiffany Floyd, Utilities Operations Manager City ®uncil ene~erfe Keith Bird Brad Hoaglun Charles Rountree David Zaremba DATE: November 10, 2011 SUBJECT: PURCHASE APPROVAL FOR A CUES INC. SEWER LINE INSPECTION CAMERA FOR THE WASTEWATER FACILITY FOR ANOT-TO- EXCEED AMOUNT OF $60,000.00. I. RECOMMENDED ACTION A. Move to: 1. Approve the purchase for a Cues Inc. sewer line inspection camera for the wastewater facility for anot-to-exceed amount of $60,000.00; and 2. Authorize the purchase. II. DEPARTMENT CONTACT PERSONS Tom Barry, Director of Public Works 489-0372 Tiffany Floyd, Utilities Operations Manager 888-2191 Gail Hammond, Assistant Superintendent 888-2191 III. DESCRIPTION A. Back i Our current sewer line Closed Circuit Television (CCTV) inspection van is limited to a single inspection camera. When the camera malfunctions and is in need of repair, all sewer line CCTV inspection ceases. The camera travels through sewage and debris in a harsh and corrosive environment warranting periodic service. The inspection camera is highly technical and specialized equipment and is not readily available or serviceable in this area. Prrge I of 3 The sewer line inspection camera has been sent out for repair on more than one occasion and each time more than two weeks of productivity is lost. The situation is compounded by the fact that sewers are typically inspected via CCTV immediately after the cleaning the pipes with the high velocity sewer cleaner. The CCTV footage is used to verify cleaning performance as well as assess sewer line condition. Since the lines must be cleaned prior to inspection with the CCTV equipment, productivity is also lost from the high velocity sewer cleaning crew due to the fact that they often have to re-clean lines so they can be properly inspected. B. Proposed Purchase This requests funding for a redundant sewer line inspection camera, which includes camera and power lift assemblies, and camera transporter and cables. C. Bidder Selection The Cues, Inc. sewer line inspection camera, equipment, and accessories are available only through the manufacturer. In addition, compatibility of equipment, components, accessories, and replacement parts are essential. Sewer line camera inspection equipment is specialized and highly technical. IV. IMPACT A. Strategic Impact: This purchase supports the Public Works Mission and Vision. Funding this request will result in continued production regarding sewer line inspection and cleaning schedules. Camera inspection of the city's sewer lines would continue uninterrupted, maintenance schedules would not be delayed, and necessary repairs would be identified on schedule. B. Service/Delivery Impact: Not funding this request will result in continued loss of production and duplication of effort each time there is an issue with the camera, transporter, or cable assemblies. When CCTV work is delayed the result is an additional delay in cleaning schedules or at a minimum, duplication of cleaning efforts. As a result, camera inspection of the city's sewer lines would be periodically interrupted, maintenance schedules delayed, and necessary repairs would not be identified on schedule. Damage to our system could result along with increased health risks to our community and exposure to fines from our regulators. Page 2 of 3 C. FiscalImpact: Project Costs Camera assembly Lift assembly, tires, and kit Steerable transporter assembly Transporter motor, and kit Cable assembly Misc. spare parts Handling charge Total Project Funding WW (60-3520-94400) V. VI VII. ALTERNATIVES $ 19,656.45 $ 6,007.75 $ 18,154.91 $ 4,260.12 $ 7,131.00 $ 4,781.82 $ 7.95 $ 60,000.00 $60,000.00 A. The City could defer purchase of the sewer line inspection camera. Consequences of not funding this request are the prolonging of the inspection and cleaning schedules of our infrastructure resulting in the restriction of sewage flow, sewer back ups, and non compliance with federal and state regulations. B. The City could return to inspecting our sewer lines with outside contractors. Consequences would include lack of control over schedules and coordination with existing sewer line cleaning crews. This alternative has been proven to not be cost effective. Dependability and reliability of the service also could be in question. TIME CONSTRAINTS Council's approval of the Cues Inc. sewer line inspection camera will allow Public Works to maintain current productivity and stay on track with planned inspection and cleaning schedules. LIST OF ATTACHMENTS A. Cues Inc. price estimate. Approved for Council Agenda: Date Page 3 of 3 .- IDAHO CITY OF MERIDIAN SOLE SOURCE FORM Date: October 15. 2011 PURCHASING AGENT 33 East Broadway Avenue Meridian, ID 83642 Phone:208-888-4433 Fax: 208-887-4813 Item or Service: Sewerline Inspection Camera for Existinq Truck Sole Source/Brand: Item is available from only one vendor. Item is one-of-a kind item and is not sold through distributors. Manufacturer is a sole distributor. Refer to instructions on 2"d page for completion. JUSTIFICATION: (Attach additional pages if needed) Parts for Cues, Inc. TV inspection equipment, camera, and accessories are available only through the manufacturer. The compatibility of equipment, components, accessories, and replacement parts are essential. Equipment provided by other manufactures will not work with our current inspection van. Existing spare parts that are already in stock will fit the requested camera. In addition, the computer software that runs the camera inspection equipment must be compatible with the camera and accessories. This TV inspection equipment is specialized and highly technical. CERTIFICATION: I am aware of the requirements set forth in the City's Purchasing Policy & Procedures Manual for competitive bidding and the established criteria for justification for sole source/sole brand purchasing. I have gathered technical information and have made a concerted effort to review comparable/equal equipment. I hereby certify as to the validity of the information and feel confident that this justification for sole source/sole brand meets the City's criteria and is accurate. Council Approval Gail Hammond t Date: ~oC~rn~2~ ~o~j~.h.__ Requestor (Print N Purchasing Approval: Departure anager Sign re Pur asing anager ri is iy uncillVlti T :December 6, 2011 IT U R: 5M J T U ITEM TITLE: Award of Request for Qualifications (RFQ CW-01-2011) and Resulting 21 Master Agreements with 15 Independent Firms ; CH2MHill, JUB, Keller, HDR, SPF, CTA, LCA, Lochsa Engineering, American Geotechnics, MTI, Strata, Civil Survey, Keller, T-O Engineers, GSI, and Hydrologic for Engineering Services ! 1 ' \ #~~- ~~~ 7°0: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Kyle Radek ate: 11 /21 /11 Re: December 6 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 6 City Council Consent Agenda for Council's consideration. Approval of Award of RFQ and Master Agreements for Professional Services in Categories: 1A-Well Pump Facility, Booster Station, Storage Reservoir (Site /Civil), and Valve Station (Pressure Reducing, Sustaining, Relief) Design, 1 D-Groundwater Supply Treatment /Filtration Design, 2A-NPDES and Biosolids Permit Defense; Wastewater Treatment Plant Pretreatment Program; Wastewater Treatment Plant Design and Upgrades (optimization, odor control, solids, and liquids processing); Other miscellaneous wastewater treatment plant design and/or construction projects, 3A-Building design, 4A-Materials Testing and Inspection; Soils and foundation reports, 5A-Floodplain modeling and mapping according to FEMA standards.. Development and submittal of Letters of Map Change or other documents according to FEMA standards ,and 6A-Well design, well rehabilitation design, and well reconstruction design; Hydrogeological Mapping; Water Rights Analysis to the 15 different firms on the attached list. This award is the result of Formal RFQ #CW-01-2011 issued September 12~' and opened October 7t". Sixty responses were received in which 21 Master Agreements will be entered into utilizing the City's standard template. Page 1 Recommended Council Action: Approval of Award of RFQ and Authorize the Purchasing Manager to sign the non-financial (zero dollar) Master Agreements. Task Orders issued from the Master Agreements will be approved per the existing Purchasing Policy. Thank you for your consideration. ® Page 2 I IAl~T.--~- City of Meridian I I L I RFQ NUMBER: CUV-01-2011 ®UE ®ATE & TIME: September 23,2011 4:00 p.m. VENDORS SELECTED: Category 1A In Alphabetical Order CH2MH111 JUB Keller VENDORS SELECTED: Category 1 D In Alphabetical Order CH2MH111 JUB Keller VENDORS SELECTED: Category 2A In Alphabetical Order CH2M Hill HDR SPF VENDORS SELECTED: Category 3A In Alphabetical Order CTA LCA Lochsa Engineering VENDORS SELECTED: Category 4A In Alphabetical Order American Geotechnics MTI Strata VENDORS SELECTED: Category 5A In Alphabetical Order CIVII Survey Keller T-O Engineers VENDORS SELECTED: Category 6A In Alphabetical Order GSI Hydrologic SPF Date Posted: 11/1/2011 MASTER AGREEMENT FOR PROFESSIONAL SERVICES (Unlimited) THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this day of _ 2011, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and , hereinafter referred to as "ENGINEER", whose business address is INTRODUCTION Whereas, the City has a need for List the Appropriate Category here various engineering services to be defined by individual Task Orders which will set forth Specific Services, Time of Performance and Payment; and WHEREAS, the ENGINEER is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 Upon execution of this MasterAgreementRND any associated Task Order(s) and receipt of the City's written notice to proceed, Engineer shall comply in all respects and perform and furnish to the City, all services listed in any corresponding task order(s) incorporated herein by this reference, togetherwith any amendments that may be agreed to in writing by the parties. 1.2 All documents or materials acquired or produced by the ENGINEER in conjunction with the project shall become the property of, and be delivered to, the CITY without any restrictions or limitations with respect to their further use thereof. All documents or materials prepared for the CITY shall not be distributed by the ENGINEER, sub-engineer's, their agents, representatives oremployees to anythird party without the express written consent of the CITY. Use of these documents by the CITY on any other project, without written verification or adaptation by the ENGINEER for the specific purpose intended, will be at the City's sole risk and shall be without liability or legal exposure to the ENGINEER. The CITY shall indemnify and hold harmless the ENGINEER from all claims, damages, losses and expenses including attorney's fees arising out of or resulting from the use of such documents. MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - page 1 of 8 Any verification or adaptation will entitle the ENGINEER to further compensation at rates to be agreed upon by the CITY and the ENGINEER." 1.3 The ENGINEER shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The ENGINEER represents and warrants that it will perform its work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and resulting task order(s) in effect at the time of performance of this Agreement and associated task order(s). Except forthat representation and any representations made or contained in any proposal submitted by the ENGINEER and any reports or opinions prepared or issued as part of the work performed by the ENGINEER underthis Agreement, ENGINEER makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provided by the ENGINEER at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The ENGINEER shall be compensated as defined by corresponding Task Orders per the attached "Rate Schedule" identified as Exhibit A to this agreement and which may be amended once per calendar year if mutually agreeable to both parties. It is the responsibility of the engineer to notify the City of a desire to submit a new rate schedule for review. Upon City's approval, the City will issue an amendment stating such changes to be executed in writing by both parties. 2.2 The ENGINEER shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to ENGINEER under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of ENGINEER. 2.3 Except as expressly provided in this Agreement and corresponding Task Orders, ENGINEER shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement, including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, ENGINEER shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - page 2 of 8 2.4 Any out of town travel required by individual Task Orders will be reimbursed at cost, per the City's existing travel policy. Any requested travel related/meal reimbursement must be accompanied by itemized receipts. For the purposes of this agreement and resulting task orders, travel between the ENGINEER'S/CONSULTANT'S offices and the project site is not considered out of town travel. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall automatically renew annually on October 1St for two additional one year periods unless sooner terminated in writing. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, ENGINEER shall be acting as an independent contractor, and neither ENGINEER nor any officer, employee or agent of ENGINEER will be deemed an employee of CITY. Except as expressly provided in Exhibit A, ENGINEER has no authority or responsibility to exercise any rights or power vested in 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 ENGINEER shall determine the method, details and means of performing the work and services to be provided by ENGINEER under this Agreement. ENGINEER 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 ENGINEER in fulfillment of this Agreement. 5. Indemnification and Insurance: ENGINEER shall indemnify and save and hold harmless CITYfrom and foranyand 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 negligent acts and/or errors or omissions by the ENGINEER, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. ENGINEER shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident oroccurrence and Workers' Compensation Insurance , in the statutory limits as required bylaw. The CITY shall be named an additional insured on both General Liability and Automotive policies. The limits of insurance shall not be deemed a limitation of the covenants to MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - page 3 of 8 indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, ENGINEER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the negligent performance of this Agreement by the ENGINEER or Engineer's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. ENGINEER shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing ENGINEER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days priorto the date ENGINEER begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, ENGINEER shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 Business Name Attn: Address City, State, Zip Phone E-mail address Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - page 4 of 8 8. Assignment: It is expressly agreed and understood by the parties hereto, that ENGINEER 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. 9. Discrimination Prohibited: In performing the Services required herein, ENGINEER shall not unlawfully discriminate in violation of anyfederal, 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. 10. Reports and Information: 10.1 At such times and in such forms as the CITY may require, there shalt be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 10.2 ENGINEER 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. 11. 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 ENGINEER'S records with respect to all matters covered by this Agreement. ENGINEER 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. 12. 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. 13. Compliance with Laws: In performing the scope of services required hereunder, ENGINEER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 14. Public Information: Pursuant to Idaho Code Section 9-335, et seq., information or documents received from the Contractor may be open to public inspection and copying unless exempt from disclosure. The Contractor shall clearly designate individual documents as "exempt" on each page of such documents and shall indicate the basis for such exemption. The State will not accept the marking of an entire document as exempt. In addition, the State will not accept a legend or MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - page 5 of 8 statement on one (1) page that all, or substantially all, of the document is exempt from disclosure. The Contractor shall indemnify and defend the State against all liability, claims, damages, losses, expenses, actions, attorney fees and suits whatsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Contractor's failure to designate as exempt any document or portion of a document that is released by the State shall constitute a complete waiver of any and all claims for damages caused by any such release. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, ENGINEER, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of 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 ENGINEER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. ENGINEER may terminate this agreement at any time by 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 ENGINEER underthis Agreement shall, at the option of the CITY, become its property, and ENGINEER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by ENGINEER, and the CITY may withhold any payments to ENGINEER for the purposes of set-off until such time as the exact amount of damages due the CITY from ENGINEER is determined. This provision shall survive the termination of this agreement and shall not relieve ENGINEER of its liability to the CITY for damages. 17. 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. MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - page 6 of 8 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. 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. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN ENGINEER NAME BY: Keith Watts, Purchasing Manager BY: Dated: Dated: Public Works Department Approval BY: NAME: TITLE: Dated: Approved as to Form CITY ATTORNEY MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - page 7 of 8 EXHIBIT A RATE SCHEDULE MASTER AGREEMENT FOR ENGINEERING SERVICES UNLIMITED - page 8 of 8 eriin City ouncil in T :December 6, 2011 IT 5N J T NU : HP 11-001 ITEM TITLE: Findings of Fact, Conclusions of Law for Approval Second and Broadway Condominiums by Meridian Development Corporation (MDC) Located at North Side of E. Broadway Avenue Between E. 2nd Street and E. 3rd Street Request: Short Plat Approval of Four (4) Commercial Condominium Units within an Office Building in the O-T Zoning District MEETING NOTES ~~~~°~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE; E-MAILED TOI SENT TO I SENT TO I NOTES I INITIALS STAFF AGENCY APPLICANT ri in ity until Meetin T :December 6, 2011 IT M U R: 50 J T NU R 11-002 ITEM TITLE: Development Agreement for Southridge Apartments by The Farran Group, LLC Generally Located South Side of W. Overland Road Midway Between S. Ten Mile Road and S. Linder Road Request: Rezone of 42.36 Acres of Land from the TN-R and R-8 Zoning Districts to the R-15 Zoning Districts MEETING NOTES ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE-MSTAFFTOI AGENCOY I APPLICANT I NOTES I INITIALS ADA COUNTY RECORDER Christopher D, Rich AMOUNT .00 14 BOISE IDAH01?107/11 10:01 AM DEPUTY Gail Garrefl ~I I ( I~ ~~ I~ I~ ~~' ~I "~ I ~~ I~~ ~ ~ ~~ RECORDED-REQUEST OF 11 i~~~~~i Meridian City DEVELOPMENT AGREEMENT PARTIES: 1. City of Meridian 2. DBTV, LLC, Owner/Developer THIS DEVELOPMENT AGREEMENT (this Agreement), is made and entered into this 21®'~ day of Al •, tnt bei , 2011, by and between City of Meridian, a municipal corporation of the State of Idaho, hereafter called CITY, and DBTV, LLC, whose address is 6152 W. Half Moon Lane, Eagle, ID 83616, hereinafter called OWNER/DEVELOPER. 1. RECITALS: 1.1 WHEREAS, Owner is the sole owner, in law and/or equity, of certain tract of land in the County of Ada, State of Idaho, described in Exhibit "A", which is attached hereto and by this reference incorporated herein as if set forth in full, herein after referred to as the Property; and 1.2 WHEREAS, I,C. § 67-6511A, Idaho Code, provides that cities may, by ordinance, require or permit as a condition of re-zoning that the Owner/ Developer make a written commitment concerning the use or development of the subject Property; and 1.3 WHEREAS, Owner/Developer made representations at the public hearing before the Meridian City Council, as to how the subj ect Property will be developed and what improvements will be made; and 1.4 WHEREAS, City and previous Owner/Developer entered into that certain Development Agreement that was approved on May 24, 2007 and recorded as Instrument # 107074205. 1.5 WHEREAS, City and current Owner/Developer now desire to remove a portion of land referred to as Exhibit "A" from the original Development Agreement, and enter into a new Development Agreement for that portion of land which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. DEVELOPMENT AGREEMENT - SOUTHRIDGE APARTMENTS (RZ 11-002) Page lof 9 1.6 WHEREAS, record of the proceedings for the requested development agreement modification far the subj ect Propertyheld bythe City Council, include responses of government subdivisions providing sexvices within the City of Meridian planning jurisdiction, and received further testimony and comment; and 1.7 'WHEREAS, City Council, the 1St day ofNovember, 201 1, has approved k'indings of Fact and Conclusions of Law and Decision and Order, set forth in Exhihit B, which are attached hereto and by this reference incoip.orated herein as if set forth in full, hereinafter referred to as {the Findings); and 1.8 WHEREAS, the Findings of Fact and Conclusions of Law and Decision and Order requires the Owner/Developer to enter into a development agreement to reflect the change of ownership in the subj ect property; and 1,9 OWNER/DEVELOPER deems it to be in ifs best interest to be able to enter into this Agreement and acknowledges that this Agreement was entered into voluntarily and at its urging and requests; and 1,10 WHEREAS, City requires the Owner/Developer to enter into a development agreement for the puapose of ensuring that the Property is developed and the subsequent use of the Property is in accordance with the terms and conditions of this development agreement, herein being established in accordance with the amended Comprehensive Plan of the City of Meridian adopted Apri119, 2011, Resolution No.11-784, and the Zoning and Development Ordinances codified in Meridian Unified Development Code, Title 11 • NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 2. INCORPORATION OF RECITALS: That the above recitals are contractual and binding and are incorporated herein as if set forth in fiill. 3. DEFINITIONS: Far all purposes of this Agreement the following words, terms, and pleases herein contained in this section shall be defined and interpreted as herein provided far, unless the clear contest of the presentation of the same requires otherwise: 3.1 CITY: means and refers to the City of Meridian, a party to this Agreement, which is a municipal Corporation and government subdivision of the state of Idaho, organized and existing by virtue of law of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho 83642, DBVELOpMENT AGREEMENT - SoUTIIRIDC3E APARTMENTS (12Z 1 ~-002} Page 2of 9 3.2 OWNER/DEVELOPER: means and refers to DBTV, LLC, whose address is 6152 W. Half Moon Lane, Eagle, TD 83616, the party that is developing said Property and shall include any subsequent developer(s) of the Property. 3.3 PROPERTY: means and refers to that certain parcel(s) of Property located in the County of Ada, City of Meridian as described in Exhibit A describing the attached hereto and by this reference incorporated herein as if set forth at length. 4. USES PERMITTED BY THIS AGREEMENT: 4.1 The uses allowed pursuant to this Agreement are only those uses allowed under City's Zoning Ordinance codified at Meridian Unified Development Code § 11-2A-2. 4,2 No change in the uses specif ed in this Agreement shall be allowed without modification of this Agreement. CONDITIONS GOVERNING DEVELOPMENT OF SUBJECT PROPERTY: 5,1. Owner/Developer shall develop the Property in accordance with the following special conditions: 1. Development of the site shall substantially comply with the conceptual site plan included in Exhibit B, the design standards listed in UDC 11-3A-19 and the guidelines contained in the City of Meridian Design Manual. 2. All future development shall comply with the dimensional standards for the R-15 zoning district contained in UDC Table 11-2A-7. 3. The developer shall comply with all ACHp conditions of approval associated with development of this site. 4. An easement recorded on 10/02/09 as instrument #109112713 grants cross-access to Parcel No. 51223120727 -the 4.8 acre parcel to the east of the subject property. 5. Prior to development of the third phase of the project, a modification to the development agreement is required to update the conceptual site plan to include a development plan for this area. d. The 30-foot wide road right-of--way easement Irnown as Old Tharn Lane that runs through this site and provides access to the Rice property (parcel #S 1223131250) shall be protected and preserved throughout the construction process and after; or, an alternative access route shall be provided with the appropriate instrument. 7. The road right-of way easement for Old Thole. Lane shall be vacated at such time as the easement has either been relocated or is no Longer needed. DEVELOPMENT.AGREEMENT- SOUTIIFLTDOEAPARTMENTS (RZ I I-OO2) Page 3of 9 8. The northern parcel {Parcel No. 51223212404) is a legal parcel which does not require platting and the southern parcel (Parcel No. 51223120934) is not a legal parcel and does require platting in order to obtain building permits. The developer is required to obtain appxoval of a property boundary adjustment in order to extend the boundary of the existing legal parcel {Parcel No. S 1223212404) (i.e, to match the boundary of Phase 1 as generally depicted on the conceptual plan} and/or plat the property in order to create a legal lots}, prior to issuance of a Certificate of Zoning Compliance on property that encompasses the southern parcel. 9. The subj ect property shall be platted prior to development of Phase III as shown on the concept plan, in order to dedicate the right-of--way necessary for a public street. 6. COMPLIANCE PERIOD/CONSENT TO REZONE: Tlus Agreement and the commitments contained herein shall be terminated, andthe zoning designation reversed, upon an uncured material default of the Owner/Developer or Owner/Developer's heirs, successors, assigns, to comply with Section 5 entitled "Conditions Governing Development of Subject Property" of this agreement within two years of the date this Agreement is effective, and after the City has complied with the notice and hearuig procedures as outlined in Idaho Code § 67-6509, or any subsequent amendments or recodifications thereof. 7. DEFAULT/CONSENT TO DE-ANNEXATION AND REVERSAL OF ZONING DESIGNATION: 7.1 Acts of Default. Either party's failure to faithfully comply with ali of the terms and conditions included in this Agreement shall constitute default under this Agreement. 7.2 Notice anti Cure Period. In the event of Ownei/Developer's default of this Agreement, Owner/Developer shall have thirty (30) days fiorn receipt ofwritten notice fiom City to initiate commencement of actionta cozTect the breach and cure the. default, which action must be prosecuted with diligence and completed within one hundred eighty (180) days; provided, however, that in the case of any such default that cannot with diligence be cured within such one hundred eighty (180) day period, then the time allowed to cure such failure may be extended for such period as may be necessary to complete the curing of the same with diligence and. continuity. 7.3 Remedies, liz the event of default by Ownex/Developer that is not cured after notice as described in Section 7.2, Owner/Developer shall be deemed to have consented to modification of this Agreement and de- annexation and reversal of the zoning designations described herein, solely against the offending portion of Property and upon City's compliance with all applicable laws, ordinances and rules, including any applicable provisions of Idaho Code §§ 67-6509 and 67-6511. Owner/Developer reserves all rights to contest whether a default has DEVL~LOPIVI~NT AC3R~L~ML'NT - SOUTHRIDC3L' APARTMENTS (RZ I 1-OO2) Page Oaf 9 oecuzTed. This Agreement shall be enforceable in the Fourth Judicial District Catu~t in Ada County by either City or Owner/Developer, or by any successor or successors in title or by the assigns of the patties hereto. Enforcement may be sought by an appropriate action at law or inequity to secure the specific performance of the covenants, agreements, conditions, and obligations contained hereui. 7.d Delay. In the event the performance of any covenant to be perfoz7xzed hereunder by either Owner/Developer or City is delayed for causes that are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such perfonxzance shall be extended by the alnaunt of time of such delay. 7.5 Waiver. A waiver by City of any default by Owner/Developer of any one or more of the covenants or conditions hereof shall apply solely to the default and defaults waived and shall neither bar any other rights or remedies of City nor apply to any subsequent default of any such or other covenants and conditions. $. INSPECTION: Owner/Developer shall, immediately upon completion of any portion or the entirety of said development of the Property as required by this Agreement or by City ordinance or policy, notify the City Engineer and request the City Engineer's inspections and written approval of such completed improvements or portion thereof in accordance with the terms and conditions of this Agreement and alI other ordinances of the City that apply to said Property. 9. REQUIREMENT FOR RECORDATION: City shall record either a memorandum of this Agreement or this Agreement, including all of the Exhibits, at Owner's and/or Developer's cost, and submit proof of such recording to Owner/Developer, prior to the third reading of the Meridian Zoning Ordinance in corlnectionwiththe re-zoning of the Property by the City Council. If for any reason after such recordation, the City Council fails to adopt the ordinance in connection with the annexation and zoning of the Property contemplated hereby, the City shall execute and record an appropriate instrument of release of this Agreement. 10. ZONING: The current zozung of TN-R, R-4 and R-8 shall be changed to IZ.-15. 11. REMEDIES: This Agreement shall be enforceable in any court of competent jurisdiction by either City or Owner/Deveioper, or by any successor or successors in title or by the assigns of the parties hereto. Enforcement may be sought by an appropriate action at law or in equity to secure the specific performance of the covenants, agreements, conditions, and obligations contained herein. 11.1 Subject to Sections 6 and 7 of this Agreement, in the event of an uncured material breach of this Agreement, the parties agree that City and Owner and/or Developer shall have thiz•ty (30) days after delivery of notice of DEVEGOPM6NT AGItEBMEN'r - SOUTHRIDG>;APARTMENTS (RZ I1-002) Page Sof 9 said breach to coi~ect the same prior to the non-breaching paj•ty's seeping of any remedy provided for herein; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party shall commence to cure the same within such thirty {30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such failure may be extended for such period as may be reasonably necessary to complete the curing of the same with diligence and continuity. 11.2 In the event the performance of any covenant to be performed hereunder by either Owner/Developer or City is delayed for causes which are beyond the reasonable control of the party responsible for such performance, which shall include, without limitation, acts of civil disobedience, strikes or similar causes, the time for such perfoi7nance shall be extended by the amount of time of such delay. 12. SURETY OF PERFORMANCE: The City may also require surety bonds, irrevocable letters of credit, cash deposits, certified check ornegotiable bonds, as allowed under Meridian City Code § 11-5-C, to insure that installation of the improvements, which the Owner/ Developer agrees to provide, if required by the City. 13. CERTIFICATE OF OCCUPANCY: The Owner/Developer agree that no Certificates of Occupancy will be issued in any phase in which the improvements have not been installed, completed, and accepted by the City or otherwise entered into an approved letter of credit for unfinished improvements. 14. ASIDE BY ALL CITY ORDINANCES: That Owner/Developer agrees to abide by all ordinances of the City of Meridian and the PropeY•ty shall be subject to de-annexation if the owner or his assigns, heirs, or successors shall not meet the conditions contained in the Findings of Fact and Conclusions of Law, this Development Agreement, and the Ordinances of the City of Meridian. I S. NOTICES: Any notice desired by the pasties and/or required by this Agreement shall be deemed delivered if and when personally delivered or three {3) days after deposit in the United States Mail, registered or certified mail, postage prepaid, return receipt requested, addressed as follows: CITY: City Clerlc City of Meridian 33 E, Broadway Ave. with copy to: OWNER/DEVELOPER: DBTV, LLC 6152 W. Half Moon Lane Eagle, ID 83616 DEVELOPMENT E1.GREEMGNT -- SOUTHRIDGE APA1tTMBNT5 {RZ 11-002) Page Gof 9 City Attoz~zey City of Meridian 33 E. Broadway Avenue Meridian, YD 83642 15.1 A'party shall have the right to change its address by delivering to the other party a written notification thereof in accordance with the requirements of this section. - 16. ATTORNEY FEES: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to colut costs and reasonable attorney's fees as determined by a Court of competent jtuisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, tel7nination or forfeiture of this Agreement. 17. TIME IS OF THE ESSENCE: The parties hereto acl~zlowledge and agree that tinge is strictly of the essence with respect to each and every terra, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of and a default under this Agreement by the other party so failing to perform. 18. BINDING UPON SUCCESSORS: This Agreement shall be binding upon and inure to the benefit of the parties' respective heirs, successors, assigns and personal representatives, including City's corporate authorities and their successors in office. This Agreement shall be binding on the Owner and/or Developer of the Property, each subsequent owner and any other person 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 hereof and any successor owner or owners shall be both benefited and bound by the conditions and reshictions herein expressed. City agrees, upon written request of Owner and/or Developer, to execute appropriate and recordable evidence of termination of this Agreement if City, in its sole and reasonable discretion, had determined that Owner/Developerhos fully performed its obligations under this Agreement. 19. INVALID PROVISION: Tf any provision of this Agreement is held not valid by a coral of competent jurisdiction, such provision shall be deemed to be excised fzom this Agreement and the invalidity thereof shall not affect any of the other provisions contained herein. 20. FINAL AGREEMENT: This Agreement sets forth all promises, inducements, agreements, condition and understandings between Owner and/or Developer and Cityrelative to the subject matter hereof, and there are no promises, agreements, conditions or understanding, eithez° oral or written, express or implied, between Owner and/or Developer anal City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Agreement shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. D~VELOT'MLNTAC3ItEEMENT-SOUTHRTDGEAI'AItTMENTS (RZ 11-OO2) Page7of9 20.1 No condition governing the uses and/or conditions governing re-zoning of the subject Property herein provided for can be modified or amended without 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. 21. EFFECTIVE DATE OF AGREEMENT: This Agreement shall be effective on the date of execution of the Mayor and City Clerk. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: DBTV,LLC B -'hana y ~^ CITY OF MERIDIAN By: Mayor Ta de Weerd DEVELOPMENT AGREEMENT - SOUTHRIDGE APARTMENTS (RZ 11-002) Page 8of 9 STATE OF IDAHO, ) ): ss County of Ada, ) On this ~ day of , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared ;T,'~~g~~y__In~ i «t ct,no C~ ,known or identified to me to be the I(Vl of DBT~j, LLC, and acknowledged to me that they executed the same on behalf of sai company. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. STATE OF IDAHO ) ss County of Ada ) On this l!/ day of ~eCe r~~r~ , 2011, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who 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 seal the day and year in this certificate first above written. ®.O~ES ~ .® (SEAL) ~~ 4Y ~~~. ~x• ®(n~® Ui~s s `ti ~~ .~: ~. ~~®`v • ®®®\ ~ ~ o ary Public for daho Residing at: ~~ Commission expires: ~ n ~-( ]~~ ~ y DEVELOPMENT AGREEMENT - SOUTHRIDGE APARTMENTS (RZ 11-002) Page 9of 9 Exhibit A -Legal Description anti Exhibit Map far Proposed Rezone ~~ v~ .~. ~,. "I'7i13'•YrlXNY1: Gttdug, tric, Augusti 2~:20~,1 FcaJect.Nd..11:10x2 (t~zbne Q2't3G,acr@s A traelr.of~land situated in-a portlgn of tho IVorthe~st nna. gWal#eT of the Northin/e'st ~ne• :Cluart'eeartd.a,par<tlari df Elie IVort'hwest.One~uarterpfth~ NdrtheasC qne QuaPter'oF` =se'ction 23, Towtn~litp $ Nbrth, Ra'nge.1 West, Boise Meridian; C'[ty,uf IVier(dtan, Ada Cbuntyj.idahoj di~~Crl~ed as ftipows; 'BEGINN'ING at the tVorth:One.~,uart~r Garner of;s~~.d S~etlorl ~~. nnthA e~riterllne of t/V,est: Overlah:d Road which bears:North 89°13'43" 1Nest:a distance af:~,s'~i,7:3.faet 1'rd1.r- the Narth~ast Garner nf~~ald Section'Z3,.thence followingthe northerly Ilrte•.of the: N.ortheast,'.Ane quarter of'said,~a~fton ~3, 3.outh`a9°~:5'G~:1'." East.a distan'co of :565.1 fee:~rtb;~',paln~;. 1"henee ieavin~:satd nortlieriy:line a.{1d.said eent..erlfn~, South 0~°3$'Q~9" West a :dlsi?arice:ofttl#8.G2 fest~to a;poirit,,, '(h,~i1Cp:$oltli 8~°7:9'29" Ea'st.a ~t1l~tati.Ce;of 25;0;0.0 feet t4.a point; 'i'h'enc~Sputh 04°8f3.'49" West ~: dist~n~e of 13'7,22 feet tq ~;poittt; Thence.5owth.2F3"4J`SG" West a distance o`f 49;x? feeti td, a~pgl.~lt; T'hence:5tl.S6 feat:fbilowing the ~rCOf a.na,mtatigent, ~ui•v~ ta.i:iie•ri$tit, `said cuYV.'e• ~i'eVing:a ra'sli.irs..of:Z9s,'15fe~'~,:a central angle of••7,1°5'0:0£3",~~.cho,rd bearlfilg.nf' South' 5.G°~~2'SS":East end, a.e}ertl:dlstt~nce,of.60;d5 feet.to a point; ~1'henGe South 18"47''2"'West:a°dlstance:o.f.1,~0,;88~fieet:to a p.o'ilit;; Thence 3'~8,~7fept follawln~'tho:arc of a circ~ll~r curve to t~e.right,.said Curve having a.radius•of A95:00 feet; a central angle of'~3°.22;'d~"; a chord b:et~rirtg c~F S.Au.th:35°2¢'20" West aii<(a •ciiord dlsfance of 112;12 feet to' a ~polrit; 7tti?'nc~. South $2°07'x:3'' West~a distance pf 7,1•!}.95 feet to a' point; Thence: SoUth.3'~°2:.3,'8" West a dlstart:Go of:26,28 feet to•~ p.oiilt; Thence•South 5~"07'18" 1JVest a distance p~'S(1.O;O~ee~to.a poln$; Thence. South 52'°03t57" West a distance of 3.~14.~5 feet to a,~po(nt on the, rlorthgr+y ,Fight-qf waysline o.f'the Rtdenbaugh Canal; Iendifi~i~9i(Gile(/~mt a'Sild P/,vini((g o C7FYlF/~rimyi~r~q a (f'0/f FoNtYy..IlYigrdion~e~ ~j(gil/ir~9/(q a_~it~fibi~''C_'pmiNiminl/i6tJ .}GZ~I~tiMato-t)rit?eftitcrr'(~O~f:itgle,7tfiilron3G1'6•.I'loiS:y39',%1Q:FL1+2082,~4:~445~~,wttav.tlicLiminr_?~ "cc G3i~2(11ICCl,IOSw\~ItLnit)t:6.egnls~I,,; I Iti~i22ltva(nc f I Ip52tdac d'ago l of 3 ~~ , ., ~. ;~•- ~ ,- ~. Tex >AND Q?(oUn, 7,YC. Thekica;fdlibwingtihe northecly:rfght-of~way Ifne:of~sa'id (iitlenfiaugh Canal`the fiollowln~-.t~vb.; (2~; cciurses;~ N:artf.~. ~7°.5~~'4:~"~jljl~~t;~ i~l~'lano:~.p~;37;g4' feet:to-a polrr~;~ ~~.G;'Q~6:faet:: rzol,Igw(pg;the~ar:~ o'f ~ clrcu.lar~~tarYO'tb the left; sal~•curae;l~v'ing a, radius of.200.tl0 feed .a aeritraf.an~fe.af 90"39.'x0'',:a ohard:bearing of North ;83°.~2!z_7" 111/esE a't~d e~cfiord.disr:arl.ce.v1=284:4:Grfe~t:.to a.poEh't; `rh.~itige; Isavl-ng s.~'Id :norrhe~rly rl~it-qf: way tih~,.Ngrt}i:5`6~3~1.'59" .IN~st a: di'stahe~~,Of 1~9:58fee~:i;a:a pairiir~an~•sal~ n~arherly°rlght~vf~way~lin~; 7}i'en~e~folloVtitil~g said=nbr~lterly r'I~ht-of>way'Nne the follow-ng elgl~t.(8~ courses 1~1_grih U;~"~.;:3'~.7'' tlV~st,a'~istan~e. ~f 1>~8,5~•',f~et:to: a pQirti; ,North $5°3J;!~~'! ~'ast'.a dist.an~~ of •~:004'foet to ~ poi'pt; z:~'6;4't3:feet f~llawing'the arc~of a non tangent.curv.~. t4 the left, sa(d curvy: fi~.vlhg.a radi:us:of.2-3~Q;U0`fae~; a:central angle,~ofi58'S~2'24", a chorc~`b.earing:of° North ~7"G4'2~i1 W.e~t~~ari.d,a ehord.dis't'arrc~ of 260,x.3 f~.et to a ~oirit; ~lvgr•Ch %~62~14;~"'~tNest:a..dl~tariGe.,'pf.1.5~,7~ feet~tp..~ po.i~t.t;. ~6.,~•~:~fe~et~ft?Ilpwiiig~tfi'a-a~rc;af~a Gl.r~ula:r carve eofh~;right,.:$ald.curve h.aving,a ~radlus.:af~>3~`0;~~!:feEti,.a -central angla:of 0~`~1$1.~2",. a chQrd:bearit7g :af tVorth 6~3°x;3!20" ,Vlles~t':and d°+rhord..dist~ri~e of ~i6~~:B fer?i: to apo:int; NirCf?,64°O~.i5J"'1Ne:sta dlst~r-~e af.~30,62 feet td a pint; ~~.~:~4°faei<,Ft~l:l.nwll~~:,the arc ®,f;a ~l:r.'~ular~cur~ve tQ th`e ~i~lit; ~sald.:cgt•,v.~ havlri~ a radl~us ~:f ~2~:po f'rt:~~; a c~ntr.~l.~ngle ~:f 02°~~'a5'+~,. a:chord:~earibt~'of North 62~45?•3~" 1N.est and a~~hoPd:dislance• of ~4.~3f~et.ta a,poln~; N.orth~.~~.°9-'03'? .UVsst.a distance of ~?s3,7~5 foet to a: point; Thence l~~virig said lYd,rth:erly ri~fifi-of-yv~,y Iine;.South bG'°A~$'~;F" West a;distance•of 903:6 fQei: ta~a point: on the Geni*.erljrte of said Rid+~riliaug'h •Cahai;. ~' ~liidr~~~~.!t~/r//elYidkri si/r P/~r1~i/ag,e. C1iyllYrJgigeur,'its,®~o(j'Cd~~1rR.Lr.~~lio~r ~:'~.13igi~leo~rryg.~ C;rl~/rblr:~'pgnuini%tuilo~~ ~1G21'+; Shi~tc:lat~IN~ tits; 100 1tin >lit,:lflnl7n 61616 o Ix 20A':9J9 10!1'i f { 20li 930,~Itl~f5 0 1i+1V\V•tl~eLiucl~oitiiilni~crn~ f._;:\201 l~ CJ t1S5~\r\J~~?in\1.c~11 \1 110$22 l?ai4tu~ ~.1 L'10~2,d~c f?a'~v~ 0~%3 ~~ ®. ; ;~r• ~l ~'ttr r nNn. ii~oUh, uric, Thence foRawlrtg the centerline of~said flidenba'u~h Gannl #h.u fol(owi'r-g.tfire~,f 3) bq~trs~s; North .6~~Z~t03"'i1Vesi: ~ r,1J5.~~ria2 of Z5Q,7U::feet.tn• a:p'bint; 3~~,,t)4`feet ftiilowlttgthe~arc•of~a'circu(~r cu.rye'to tifi~:Icf~,.sald:r;iirVe.haviti'~:a t;'al:lius'cif.37510(2:feet,:a`eentral:an'gle.of ~t~'~~'S7"; a cfio~d bear,,litg 0t`(~JortfT $~°5.x'42"•We.~t and a cftord distahce of`BTO~A~~ feet~fio a point; .so~ith' ~~°37'Qb""West a:~lstan~e,of 200;,$5:f~et:to a polrtt oncthe centerline of said (Nest C)V~r>'aftd: Road; '~1'le:nceleavittgsaid::ceriterli•ne ofRlderibauglt Lanai and follovuing,the'saf'd. c~nterhtte:af W>dst QV~riahd Road, y,372,80'feeC folPowfng'the arC ofa elrcular euhv~ i<o'i;he. rlghti;.sal~ ctiry~.Fiarilltg ~ r.~ditis.9f'.1,QOO,OD~fest, a,central angle~af '7$°~7'~7"; a•cftor~:beerirt'g'of lvarth 5,~"2:G'~f"'f;ast and:a:chord:dlst'arica df 1,267:18 feetto,a~pe'int; Tfl~hce,fttllQVV(ng'said centeriihs'and the•northeriy Ilne of;the~NtttkliweSf Circe ~2y~rt~r.af ~ali~.5~ctlon 23, South 89"14:25" East a tilstance of ~x~9., 35 Feet ti~ the Tfieabove-..described: trac@ of lanai contains 4'2.96 acres, m4Ye or IRSS, Su:bj~ct to any. RXi$tlltg ea&emerlts o.r. Pfg}its-af way. RrRpared.By: Tf~t~:.1~AND:GRQ'UR;.:ING.. A62 [,:SHC).fi~ p~jU~/. S.t;IIT~ x.00 ~'A~I:E, IuAHQ $3G16 zo8~9as-4o4~1 ~208~9.39•A:445 .(FAX) f~EU ,. ,; . ,PROVAL BY AEG ~~ ,~ ~ot1 M~I~IDIAN PUt3GC WORKS DEPT. LairirLM~P An~lil/iriliirr` + Sile P/.rgdiy; e Cjtv,'LT3r3Jlq~tri/Iq • Ge fGolyrll(rr~(%io~ ¢r t7r141NFeril~G 9 Grtir/,Gr~'4;oiUidiriiirdliorr. !IG«.`E;r,~lion t~dvg, 51c; IOD„i~ugl4, IUri6o Sa6'(6 a 1?.?08;?~9:<~dq,t r 20j}r23~);~1~1~{.~i • aivw.llminndt~rrauninc.cripj Ei:\2pi J e t t 1,b5?Lrl4iiii iii\l.y~gnls~l:'1 ~.0$3Z It~nuG I l I~52,r)od Page ~'6f Pucel Curve.7able scauai a~aus Gtxcnr dram coNCiH alaeu e~na+c a sai.ts~ aaaa• sau• Sdem'Se•[ n lasoo• IlzrY IItaY' 5762,7ow ~oaad alau• ~e,:,4' H6Yi2YTw u :w.ar. rn.,~ xaal3 NfY51'SO'1Y ca s~aod ~a.,t ,aae' xae~i•~uvr a aa4oo' leu' I;.ir xe~,s'~Iw 4~ ~75Ad 3T40,' !10.47 k85`lBbY'y ~ IOOa00' 17Yi.70• 176XIJ k5I~8'/e~ Exhibit B -Conceptual Site Plan i - , ~. °, ,„1n ':: ~~~o~~r m.almn ~~ s~uthtklgt. Apadmpnb 1oWr 91, E D~n6it RL ............ 1P M.4E ROAD ~ U7E~lAliD~O~D MC(If141q,IIAftO Ju.trn hJJ170 rA ' f 1Llliq .~n:li::~r~i..: N.:.lltkUtllHlifl fH41~a,~.~KiRNllasd h17.WHCq iH ~. SIfEHld1 Merl ®an ity ounc®1 etin T :December 6, 2011 IT U J T U ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE_MSTAFD TO) AGENCYO I APPL CANT I NOTES INITIALS r® in ity uncil t®n AT :December 6, 2011 IT IVi N 7 J T UM ITEM TITLE: Public Hearing: Proposed SSC Fee Adjustment for Residential and Commercial Services Based on Change in the Consumer Price Index and 2 New Fees MEETING NOTES l"~~'y y,~[LI Community Item/Presentations Presenter Contact Info./Notes ~S~ ®r~ I~ ~13 ~ -1 CLERKS OFFICE FINAL ACTION rn w ~ n w N 1 n w N -' n n n m Q Q N ~ COTt fOJi C0J1 ~ 103i COIL (031 ~ ~' ~' p> -~ Cz ~ fD Cfl N CC2 v CQ N ~ (D (Q N (O Sv (O N ~ N 0 ~ ~ ~ n CU C7 ° ' C) ~ n ~ n a n ~' n a C7 a n a C7 ° ' N ~ ~ - . . . . . - ~ m ~ ~ ~ ~ N c m N ~ ~ O ~ y rt N C R f D ~ ~ N ~ 0 fD ffl ffl ffl ffl ffl Efl Efl Efl {~ ~ ~ {fl ffl m ~ -~ _ \ ~2 ~ ~ ~ N N 0 0 ~ ~ W ~ S J ~ ~ W ~ ~ (D Q O O O O CWO O _ W ~ ONO _ W ~ v UOi N ~ O 7 v N ~ N ~I ~ CA ~ N N ~ ~ ~ W .~ N ~ N ~ 0 ~ 0 ~ ~ N O N W v OWO ~ O W N ~ O N J ~ ~ N ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ v v v ~ W N ~ N. -, ~. ~' ~ N O ~ ~ (D ~ N W 0 W 7~C' ~ O UJi N '~ J J ~''~ ~ ~ a- ~I N w rn ~ ~ -~ o ~ ° ~ v ~ N ~ -a cn m ~ ~ -a x ~ ~ ~ ~ ~ 3 ~ ~ m ~ o ~ ~ ~ ~ N ~ ~ N v m rn w o m ~ v ~ N ~ -' O 4A ffl {{3 ~• 49 ~ (D f!3 ffl (D ~ Ut W N W ~ ~ n ~ _ N N W O v ~ Q ~ ~ ~ ~ N V ~ ~ ~ ONO .NA ~ W O W r w rn cfl w cn cn cn (D (Q CQ Cfl Sll fl1 CU n 3 ~ ~ 7 ~ ~ N ~ m 2. ~ z. m ~ c~u s' ~~ ~~ `G n K n n n ~~ j' 7~ CQ Cp Cfl ~~~~ me ~~ 7 ~ ~ ~ O N -P ~ (A O W W W O N N N ~ ~ r w rn m v cn ~n cn m cQ cQ cQ ~ CU ~ v 7 7 ~ ~ N N ~ (~D m ~. ~ ?. coo ~ m ~. j ~. ~ ~ ~ n ~ ~ ~ ~ cfl ~ cv 4A {f3 ffl Efl 'O (q O rt ~ ~ ~ ~ ~ O O N -P (A O N N d7 ~ a1 C Q. 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Further information regarding these fees, as well as the entire Parks & Recreation fee schedule, is available at the Parks & Recreation Department at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho, (208) 888-3579. Any and all interested persons shall be heard at the public hearing. Written testimony is welcome; written materials should be submitted to the City Clerk no later than 48 hours prior to the public hearing. All testimony and materials presented shall become property of the City of Meridian. For auditory, visual, or language accommodations, please contact the City Clerk's Office at (208) 888-4433 at least 48 hours prior to the public hearing. Hula Hoo Makin class $20.00 Communicatin Love Classes $120.00 Grief Su ort Class $35.00 Zumbatomic for Kids Class $30.00 Pa er Makin Class $10.00 Bell Dance Class $38.00 Teen Bell Dance Cam $60.00 Camp Mer-IDA-Teen Spring Break Full Da Session $88.00 Camp Mer-IDA-Teen Spring Break Half Da Session $68.00 Multi-Use Field Rental FULL DAY $75.00 Settlers Park East Half FULL DAY $300.00 Settlers Park East Half Including Shelter #2 and #3 FULL DAY $400.00 Heroes Park Entire Park FULL DAY $300.00 Storey Park North West Area (FULL DAY $200.00 Field Pre er field $12.50 MPR On-site Staff er hour $20.00 DATED this 16th day of November, 2011. ~ r ,' JAY~~E I I()Ll'~'tAl'~; ~ITY~ PUBLISH on November 21st and November 28th o~.~go n u~USr1 ~~~ f~ e A ~ Ciry of - - m `~ ~ J.Gt'v-' v nRyrf80f tEe 78E~'63~~~~ Meridian Parks and Recreation 2012 Fee Schedule = Denotes fee change/addition/removal ~~-ctivity ~ ~ Current Fee Proposed F Change Competitive (Men's, Women's, Co-Ed) Team Fee (10 games + tournament) $180.00 Resident Player Fee $10.00 Non-Resident Player Fee $20.00 Late Fee $30.00 Men`s, Women's, Men's Over 40 Team Fee (10 games + tournament) $475.00 Resident Player Fee $10.00 Non-Resident Player Fee $20.00 Late Fee $50.00 Men's, Women's, Co-Ed Team Fee (10 games + tournament) $450.00 Resident Player Fee $10.00 Non-Resident Player Fee $20.00 Late Fee $50.00 Fall Softball Men's, Women's, Co-Ed Team Fee (8 games) $220.00 Resident Player Fee $10.00 Non-Resident Player Fee $20.00 ASA Fee (if team is not already registered) $12.00 Late Fee $50.00 Softball Tournaments Field Rental for tournament (per hour) $5.00 Field Prep for tournaments (per hour) $15.00 Used Softballs (each) $1.00 Girl's Spring Fastpitch Softball (U10, U12, U14, U16, U18) Team Fee (ASA Fee not included) $420.00 Late Fee (per team) $50.00 Girl's Fall Fastpitch Softball (U10, U12, U14, U16, U18) Team Fee (8 games) $220.00 MPR Fee Schedule 4/6/10 Activify Current Fee Proposed Fee % Change Resident Player Fee $10.00 Non-Resident Player Fee $20.00 Late Fee (per team) $30.00 Men's Fast Pitch Tournament-Team Fee $250.00 Men's Wooden Bat Tournament Team Fee $250.00 eball Team Fee (8 games + tournament) $150.00 Resident Player Fee $10.00 Non-Resident Player Fee 20.00 Late Fee (per team) 30.00 (Men's, Women's Co-Ed) Team Fee (10 games + tournament) $375.00 Resident Player Fee $10.00 Non-Resident Player Fee $20.00 Late Fee (aer team) $50.00 MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee % Change Park Reservation Fees: Extra Picnic Tables $3.00 Alcohol Permit (5 hr. time block) $20.00 Amus. Equip./Lrg Canopies (5 hr time block per item) $10.00 Amplified Sound Permit (per day) $20.00 Short Term Concessions Permit (per day) $10.00 Short Term Concessions Permit (annual) $100.00 _ Baseball/Softball Field Prep (per field) N/A $12:50 New __ MPR On-Site Event Staff (per_hour) ~ N/A $20:00 New Storey Park (Blue & Green Shelter) Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 people) $45.00 Shelter Rental (101-150 people) $60.00 Shelter Rental (151-200 people) $75.00 NW Area Full Day {Includes Blue Shelter & Grass Area) N/A $200:00 New Softball Field Rental (per hour) $10.00 Softball Field Rental {full!day) N/A $75.00 New Softball Field Lights (per hour) $15.00 Volleyball Equipment (5 hr time block blue shelter only) $10.00 Tully Park Small Shelter Rental (1-50 people) $30.00 Large Shelter Rental (1-150 people) $60.00 Large Shelter Rental (151-200 people) $75.00 Large Shelter Rental (201-250 people) $90.00 Large Shelter Rental (251-300 people) $105.00 Softball Field Rental (per hour) _ $10.00 __ Softball Field Rental (full day) N/A $75:00 New Volleyball Equipment (5 hr time block large shelter only) $10.00 Multi-Use Field Rental (per hour) $10.00 Multi-Use'Field Rental (full .day) 'N/A ``$75:00 New Chateau Park Shelter Rental (1-30 people) $30.00 Multi-Use Field Rental (per hour) $10.00 Multi-Use Field'Rental (full day) N/A $75.00 New Settlers Park Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 people) $45.00 Shelter Rental (101-150 people) $60.00 Shelter Rental (151-200 people) $75.00 East'Half Full Day;(Includes Shelter #1 and Multi-Use. Fields) N/A `$300.00 New East Half Full Day (Includes Shelter #1 #2 &`#3 and Fields) ' N/A $400.00 New Multi-Use Field Rental (per hour) $10.00 Multi-Use Field Rental {full day) '' = N/A `' $75.00 - -New Baseball/Softball Field Rental (per hour) $10.00 MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee l % Change ~~_ ~ .___ Baseball/Softball Field Rental (ftall day) N/A ` $.75,00 New Heroes Park Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 people) $45.00 Shelter Rental (101-150 people) $60.00 Shelter Rental (151-200 people) $75.00 Shelter Rental (201-250 people) $90.00 Shelter Rental (251-300 people) $105.00 Entire Park'Full Day (Includes'Sheltersnd Multi-Use'Fields) N/A $300.00 New Multi-Use Field Rental (per hour) $10.00 Multi-Use'Field Rental (full day)' NIA $75.00 New MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee % Change Seasons Park Shelter Rental (1-30 people) $30.00 Multi-Use Field Rental (per hour) $10.00 Multi-.Use Field Rental (full day) N/A $75:00 New Gordon Harris Park Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 people) $45.00 Multi-Use Field Rental (per hour) $10.00 Multi-Use?Field Rental!(fullday) N/A $75.00. New Bear Creek Park Shelter Rental (1-50 people) $30.00 Shelter Rental (51-100 peoplee) $45.00 Softball Field Rental (per hour) $10.00 Multi-Use Field Rental (per hour) $10.00 Multi-Use Field Rental .(full day) N/A - $75.00 New Champion Park Shelter Rental (1-30 people) $30.00 Multi-Use Field Rental (per hour) ~ $10.00 Multi-Use Field Rehtal'(full day) N/A - - $75:00 `New Renaissance Park Shelter Rental (1-30 people) $30.00 Multi-Use Field Rental (per hour) $10.00 Multi-Use Field Rental,(full day) ; NIA $75.00 New Jabil Park Multi-Use Field Rental (per hour) $10.00 Multi-Use'Field Rehtal (full day) NIA $75.00 New Hertiage Middle School Ball Fields Softball Field Rental (per hour) $10.00 Softball field Rental (full davl N/A $75.00 New venerations N~aza Stage and Grass Area Rental (per hour) $10.00 Stage and Grass Area Rental (full day) ' N/A $75:00 New Special Events Meridian Barn Sour 1 Mile Fun Run $10.00 6k/10k Run $20.00 1 Mile Fun Run Late Registration $15.00 6k/10k Run Late Registration $25.00 Boise Hawks Family Night $10.00 MPR Fee Schedule 4/6/10 MPR Fee Schedule 4/6/10 Activity Current Fee Proposed Fee % Change Camps _ ~ Teen Belly Dance Camp $50.00 $60:00 v20% Camp Mer-IDA-Teen Spring Break Full Day N/A $88.00 NEW Camp Mer-IDA-Teen Spring Break Haif Day N/A $68.00 NEW Camp Mer-IDA-Teen Winter Edition 10 Day Session Full Day $166.00 Camp Mer-IDA-Teen Winter Edition 10 Day Session Half Day $146.00 Camp Mer-IDA-Teen Winter Edition 8 Day Session Full Day $134.00 Camp Mer-IDA-Teen Winter Edition 8 Day Session Full Day $114.00 Camp MerldaMoo Winter Edition 10 Day Session Full Day $160.00 Camp MerldaMoo Winter Edition 10 Day Session Half Day $140.00 Camp MerldaMoo Winter Edition 8 Day Session Full Day $128.00 Camp MerldaMoo Winter Edition 8 Day Session Half Day $108.00 Camp MerldaMoo (1 wk 7:30-5:30) $94.00 Camp MerldaMoo (1 wk 9:00-3:00) $74.00 Sports Camps $39.00 Outdoor Adventure Camp $160.00 Winter Adventure Camp $96.00 Christmas Art Camp $45.00 Whitewater Sampler Camp $395.00 Kayak Skills Development Camp $495.00 Jump Rope Camp $39.00 Camp MerldaMoo Winter Edition (7:30-5:30) $75.00 Camp MerldaMoo Winter Edition (9:00-3:00) $65.00 Camp MerldaMoo Spring Break (7:30-5:30) $84.00 Camp MerldaMoo Spring Break (9:00-3:00) $64.00 Bogus Basin Mountain Discovery Camp $140.00 Babysitting Boot Camp $40.00 Teen Belly Dance Camp $50.00 Activit Guide Classes Hula Hoop Making N/A $20:00 NEW Communicating Love Classes N/A $120.00 NEW Grief Support Class N/A $35.00 NEW Zumbatomic for Kids N/A $30.00 NEW Paper Making $5.00 $10.00 100% Belly dancing $34.00 $38.00 12% Adult Aerobic and Dance Class $35.00 Adult CPR/AED $50.00 Adult Golf $50.00 Adult Watercolor $49.00 Amazing Athletes $50.00 Art Academy Saturday Class $45.00 Awash in Watercolor $149.00 Baby Signs-Sign, Say and Play $44.00 Ballet $50.00 Ballroom Dance Classes $30.00 Beginning Jewlery Making-Youth $47.00 Beginning Modeling $65.00 MPR Fee Schedule 4/6/10 ~-ctivity _ ~ ~ Current Fee Proposed Fee % Change Beginning Piano $100.00 Beginning Sewing $49.00 Building Blocks Lego Class $45.00 Capturing the Light in Floral Still Life $65.00 Christmas Crafts Preschool Class $24.00 Complying with Contractor Registration law $15.00 Composition in Landscape $75.00 Creative Beading & Jewelry Making $56.00 Creative Childrens Dance:Ballet $38.00 Crochet Basics $20.00 Drawing Floral Arrangements $65.00 Drawing for Comic Books $45.00 Drawing for Painters $75.00 Dynamics Of Light Filled Landscape Painting $99.00 Empathy Practice Group $10.00 'Essential Oils Class $10.00 Estate Planning-Considerations for Minor Children $15.00 Estate Planning-Do you need a trust? $15.00 Exploring Art for Youth $120.00 Fall Recovery $60.00 Family Fun Art $6.00 Family Rafting Trip $40.00 Family Spanish $35.00 Family Tang Soo Do $35.00 MPR Fee Schedule 4/6/10 ~-ctivity Current Fee Proposed Fee % Change First Aid $40.00 Fishing Class $8.00 Healthy Pregnancy Class $20.00 Hike With a Ranger $8.00 Infant/Child CPR $50.00 Interpreting aPhoto--Painting Workshop $75.00 It's About Couples $29.00 Japanese Classes $45.00 Jewelry Class $25.00 Jump Jive Preschool Class $29.00 Kettlebell Boot Camp $64.00 Kids Gun Safety $23.00 Kids Safety and Awareness $23.00 Learn to Nordic Ski $28.00-$36.00 Learning to Paint What You See $99.00 MPR Fee Schedule 4/6/10 I CITY COUNCIL U LI IN SIGN-UP H T ®ATE cr , 011 ITEM # 7 PROJECT NUMBER PROJECT NAME Proposed 2012 Parks and Rec Fee Schedule PLEASE PRINT NAME FOR I AGAINST I NEUTRALI erialin iy until in DATE: December 6, 2011 IT 7C J T U ITEM TITLE: Resolution No. ~~ A Resolution Adopting the Fee Schedule of the Meridian Parks & Recreation Department to Collect Such Fees; and Providing an Effective Date MEETING NOTES /~~ ~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E_MSTAFF TOI AGENCOY I APPLICANT I NOTES I INITIALS CITY OF MERIDIAN BY THE CITY COUNCIL: RESOLUTION NO. ~®- ~ ~ BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION ADOPTING FEE SCHEDULE OF THE MERIDIAN PARKS AND RECREATION DEPARTMENT; AUTHORIZING THE MERIDIAN PARKS AND RECREATION DEPARTMENT TO COLLECT SUCH FEES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, following publication of notice according to the requirements of Idaho Code section 63-1311A, on December 6, 2011, the City Council of Meridian held a hearing on the adoption of the proposed Fee Schedule of the Meridian Parks and Recreation Department, as set forth in Exhibit A hereto; and WHEREAS, following such hearing, the City Council, by formal motion, did approve said proposed Fee Schedule of the Meridian Parlcs and Recreation Department; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the Fee Schedule of the Meridian Parlcs and Recreation Department, as set forth in Exhibit A hereto, is hereby adopted. Section 2. That the Meridian Parlcs and Recreation Department is hereby authorized to implement and carry out the collection of said fees. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho this 6th day of December, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this 6th day of December, 2011. APPROVED: ATTEST: mR ``3~nee H~I11Ian, City Clerk Tammy ~ eerd, Mayor $GO~o~pzeD n v~vsrrr .~~ ,® ~J R City of eDAb® S `Fyr~~ e~Pti~ °~~be xnens~~' ADOPTION OF FEE SCHEDULE OF MERIDIAN PARKS & RECREATION DEPARTMENT PAGE 1 OF 1 ri in City uncil IVltin _T :December 6, 2011 IT N 7D J T U ITEM TITLE: Community Development Block Grant (CDBG) PY2010 Consolidated Annual Performance and Evaluation Report (CAPER) MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFF TOI AGENCY I APPL CANT I NOTES I INITIALS November 10, 2011 MEM®RANDUIVI TO: Mayor Tammy de Weerd City Council Members CC: City Clerk FROM: Lori Den Hartog, CDBG Administrator RE: Program Year 2010 (PY2010) CDBG Consolidated Annual Performance and Evaluation Report (CAPER) Open Public Hearing and Comment Period A. INTRODUCTION & BACKGROUND The City's CDBG entitlement for PY2010 was $274,368. In order fulfill the City's reporting obligations to the U.S. Department of Housing and Urban Development (HUD), staff has prepared the required Consolidated Report (CAPER). This report provides a review and evaluation of the City's performance during the 2010 Program Year (October 1, 2010 through September 30, 2011). The draft CAPER is open for public comment between November 15, 2011 and December 6, 2011. The deadline for submittal of an adopted CAPER to HUD is December 30, 2011. B. STATUS The CAPER has been reviewed by the City's Finance Department for accuracy and completeness. The City's financial documentation is consistent with the reporting completed through HUD's Integrated Disbursement and Information System (IDIS). The IDIS reports are included within the CAPER. C. SCHEDULE I. OPEN PUBLIC HEARING AND COMMENT PERIOD ON DRAFT PYZOlO CAPER FROM NOVEMBER 1S, 2Oll TO DECEMBER 6~ 2Oll 2. CLOSE PUBLIC HEARING AND COMMENT PERIOD ON PY2OlO CAPER ON DECEMBER 69 2011 AND INCORPORATE ANY PUBLIC COMMENTS INTO THE REPORT. Planning Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 Fax 208-888-6854 ®www.meridiancity.org iY ii CITY COUNCIL U LI AIN I N-U T DATE ec r 011 ITEM PROJECT NUMBER PROJECT NAME CDG PY2010 CAPER PLEASE PRINT NAME FOR I AGAINST I NEUTRALI IVl~i in ity ouncil Klein Resolution to Adopt the Community Development Block Grant (CDBG) Program Year 2010 Consolidated Annual Performance and Evaluation Report (CAPER) MEETING NOTES ~°~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E_MSTAFF TOI AGENCY I APPLICANT I NOTES I INITIALS CITY OF MERIDIAN RESOLUTION NO. , ~ - ~~ BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN APPROVING SUBMISSION OF THE CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION REPORT FOR COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM YEAR 2010 ON BEHALF OF THE CITY OF MERIDIAN; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Meridian is an Entitlement City and receives federal funding annually under the Community Development Bloclc Grant ("CDBG") program; WHEREAS, pursuant to 24 CFR § 91.520, the City is required to complete and submit a Consolidated Annual Performance and Evaluation Report ("CAPER") for each program year ("PY") as a condition of CDBG funding; and WHEREAS, pursuant to the Citizen Participation Plan, a public hearing on the draft PY10 CAPER was held on November 15, 2011 and a public comment period on the draft PY10 CAPER was held from November 15, 2011 to December 6, 2011; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That the PY10 CAPER, a copy of which is attached hereto as EXHIBIT A and incorporated herein by reference is hereby approved as to both form and content. Section 2. That the Mayor, the City Clerk, and the CDBG Grant Administrator are hereby authorized to respectively execute, attest, and submit to HUD said PY10 CAPER for and on behalf of the City of Meridian. Section 3. 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 c day of December, 2011. APPROVED by the Mayor of the City of Meridian, Idaho, this APPROVED: day of December, 2011. ~-~~-, de Weerd Page 1 of 1 Mri®a ity ouncil etin by Janicek Properties, LLC; Fedrizzi Ten Mile, LLC; and SJJV, LLC Located West of S. Ten Mile Road and North of I-84 Request: Annexation and Zoning of 1 16.25 Acres of Land From RUT in Ada County to C-G Zone DATE: I E_MSTA D TOI AGENCY I APPL CANT I NOTES I INITIALS f I I I CITY COUNCIL U LIC HEARING SIGN-U H ®ATE cr , 011 STEM # 7 PROJECT NUMBER AZ 11-001 PROJECT NAME Ten Mile Annexation riin City uncil etin AT :December 6. 2011 IT lJ J T u : 11-004 ITEM TITLE: Public Hearing: Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Rezone of 1.48 Acres of Land from the R-8 Zoning District to the R-15 Zoning District MEETING NOTES ~,~,,,y,--~- Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: IE_MSTA D TOI AGENCY I APPLICANT I NOTES I INITIALS ridian ity uncil eein T :December 6, 2011 I U 7 ~ T Nu PP 11-007 ITEM TITLE: Public Hearing: Chesterfield by Liberty Development, Inc. Located South Side of W. Pine Avenue; Midway Between N. Black Cat Road and N. Ten Mile Road Request: Preliminary Plat Approval of 148 Residential Lots and Twelve (12) Common Lots on 28.2 Acres in an Existing R-8 Zone and a Proposed R-15 Zone AGREEMENT N0. .~' INTERLOCAL AGREEMENT BETWEEN THE CITY OF MERIDIAN AND THE ADA CITY-COUNTY EMERGE NCY MANAGEMENT OFFICE, BY AND THROUGH THE COUNTY OF ADA 2009 & 2010 HOMELAND SECURITY GRANT PROGRAM (HSGP) AWARD THIS AGREEMENT is made and entered by and between the Cit of Meridian Y hereinafter referred to as MERIDIAN, and the Ada City-Count Emer enc Mana ement Y g Y g Office, hereinafter referred to as ACCEM, by and through the Count of Ada all of the State of Y Idaho. WHEREAS,MERIDIAN and ACCEM, County of Ada, enter into this a reement g pursuant to the authority granted to each agency by Idaho Code § 67-2332; WHEREAS, MERIDIAN and ACCEM, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that erformance or p those payments from current. revenues legally available to that part ; Y WHEREAS, MERIDIAN and ACCEM find that the performance of this A reement is in g the best interests of both parties, that the undertaking will ,benefit the ublic, and that the division ~~p ,. of costs fairly compensates the performing party for the services or functions under this agreement; WHEREAS, ACCEM agrees to provide a maximum of Sixty-Seven Thousand One Hundred Eighty Seven Dollars ($67,187.00) from a combination of the 2009 HSGP award of $850,641.45 and.. the 2010 HSGP award of $899,299.36 awarded to ACCEM b and throu h the ~y g County of Ada; and WHEREAS, MERIDIAN and ACCEM believe it to be in their best inter ests to reallocate the HSGP funds for the development of a Continuit of 0 erations Pla Y p n (COOP) for MERIDIAN and its associated departments. NOW, THEREFORE, MERIDIAN and ACCEM, b and throu h the Count Y g y of Ada, agree as follows: Section 1 ACCEM agrees to provide a maximum ofSixty-Seven Thousand One Hundred Ei ht gY Seven Dollars ($67,187.00) of the 2009 and 2010 funds. Such funds rovided b ACCEM p y shall be used to pay for MERIDIAN's COOP consultant. ACCEM shall a MERIDIAN's CO p Y OP consultant as follows: one-third of the fixed amount upon execution of this A reement• one-third g when the work is deemed by ACCEM to be fifty percent 50% com leted• and one-third ~ ) p upon full completion of the work and receipt by MERIDIAN and ACCEM of all deliverables. MERIDIAN'S COOP consultant must complete all work prior to June 30, 2012 to be eli ible for g reimbursement. Section 2 MERIDIAN agrees to submit, in writing, quarterly activity reports to ACCEM throu h g the duration of the grant project. Section 3 MERIDIAN agrees that all allocations and use of funds under this grant will be in accordance with the 2009and 2010 Homeland Security Grant Program uidance• that all g requested expenditures must have prior approval, in writing, from ACCEM; and that all products/services shall be a "ship to" MERIDIAN, and "bill to"ACCEM, Count of Ada. Y Section 4 MERIDIAN agrees that all procurement of services and goods throu h RF s, RFPs g Q contracts, etc. must adhere to MERIDIAN purchasing rules and regulations and be signed b Y MERIDIAN. Section 5 MERIDIAN agrees to claim the Sixty-Seven Thousand One Hundred Ei ghty Seven Dollars ($67,187.00} from the 2009 and 2010 HSGP funds on its Sin le Au ' g dit. Section 6 Nothing in the performance of this Agreement shall im ose an liabilit for claims p Y Y against ACCEM and the County of Ada other than claims for which liabili ma be im ty y posed by the Idaho Tort Claims Act. Section 7 Nothing in the performance of this Agreement shall impose an liabilit for claims Y Y against MERIDIAN other than claims for which liability may be im osed b the Idaho Tort p Y Claims Act. Section 8 Each party to this agreement will be responsible for its own actions in rovidin services p g under this agreement and shall not be liable for any civil liability that ma arise from the Y furnishing of the services by the other art . p Y Section 9 The parties to this Agreement do not intend for any third party to obtain a ri ht b virtue g Y of this Agreement. Section 10 By entering into this Agreement, the parties do not intend to create an obli ations Y g express or implied, other than those set out herein. Further, this Agreement shall not create an Y rights in any party not a signatory hereto. ~ r IN WITNESS WHEREOF, the .parties have set their hand sand subscribed their names, the day, month, and year in this Agreement below written. DATED this ~ da of Y , 2011 ATTEST: CITY CLERK CITY OF MERIDIAN MA ORT deWeerd CITY OF DIAN ~~AA'fBD A~tCG' ~a ~~ tip' ~~ ,~.,~ City of ~ IDIAN ~, ~natro '~e raF~s~ DATED this ~~~~~ay of ,cr•.,, 2011. BOARD OF ADA COUNTY COMMISSIONERS BY~ i..~. Rick Yzaguirre, C~ifrm~n -' By: Sharg~Vl. Ullman, Commissioner By' ATTEST• ,...~s' Christopher .Rich, Ada County Clerk Vernon L. Bisterfeldt,Z,ommissi er riin iy our-cilll~eein of a Pass Through Agreement for "Continuity of Operations Planning Services" to Ketch Consulting, Inc. and Authorization for the Mayor to Sign MEETING NOTES i~ ~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TOI SENT TO I SENT TO ( NOTES I INITIALS STAFF AGENCY APPLICANT ~ - i - --~ - „~,,. ~,~'~.I ~~',~,I I l Ill ~~ 11 ~° ~7 a t t~ ;"!1~~~~~~f`~"~°1~°?" ;air To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Mark Niemeyer Date: 11 /30/2011 Re: December 6 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the December 6 City Council Agenda under (Fire) Department Report for Council's consideration. Approval of Award of a Pass Throuah Aareement for "Continuity of Operations Planning Services" to Ketch Consultina. inc and authorize the Mavor to sian the Agreement in the amount of $67,187.00. This award is the result of Ada County's Request for Qualifications issued May 17, 2010 and will paid for by the County through a federal grant. Recommended Council Action: Approval of the Agreement and Authorize the Mayor to sign the Agreement for the Not-To-Exceed amount of $67,187.00. Thank you for your consideration. Page 1 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 6th day of December, 2011, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and KETCHConsulting, inc, hereinafter referred to as "CONSULTANT", whose business address is 2432 Bernel Rd., Suite 203, State College, PA 16803. INTRODUCTION Whereas, the City has a need for services involving Continuity of Operations Planning services; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves aroyalty-free, non- COOP 2012 - page 1 of 19 exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be directly compensated by Ada City-County Emergency Management (ACCEM) on a Lump Sum Not-To-Exceed basis, as provided in Attachment B "Payment Schedule" and the INTELOCAL AGREEMENT dated December 6, 2011 by and between ACCEM and City, both attached hereto and by reference made a part hereof. 2.2 The Consultant shah provide the City with a monthly statement , as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including ,but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form COOP 2012 - page 2 of 19 of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, estimated to be June 30, 2012 or unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in 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 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant 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 Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: CONSULTANT 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 CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT 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, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One COOP 2012 - page 3 of 19 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, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. .CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Manager 33 E. Broadway Avenue Meridian, Idaho 83642 KETCHConsultina.lnc. Attn: Ted Brown. President 2432 Bernel Rd.. Suite 203 State College, PA 16803 Ph. (484) 919-2966 tedbrownCa.ketchconsultina.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. COOP 2012 - page 4 of 19 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. 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 and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT 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. 10. Discrimination Prohibited: In performing the Services required herein, CONSULTANT 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. 11. Reports and Information: 11.1 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. 11.2 Consultant 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. 12. 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 CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT 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 COOP 2012 - page 5 of 19 personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. 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. 14. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of 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 CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by 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 CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This COOP 2012 - page 6 of 19 provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 17. 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. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. 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. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN BY: TAMMY VEERD, MAYOR KETCHConsulting BY: Ted Brown, President & CEO Approved by City Council: N/A COOP 2012 - page 7 of 19 Purchasing pproved BY: KEITH ATTS, PUR ASING MANAGER Dated: ~ ~ ~ Approved as to Form CITY ATTORNEY Departmen pro P BY: NAME: Mar iemeyer TITLE: Fire Chief Dated: COOP 2012 - page 8 of 19 Attachment A SCOPE OF SERVICES A.1. Risk Analysis KETCHConsulting will utilize the existing work product from the Ada County Hazard Mitigation Planning effort, coordinated by the Ada City-County Emergency Management (ACCEM) team. That work, along with the Risk Analysis pertormed by KETCHConsulting for Ada County will be the starting point for this effort. KETCHConsulting will add risk probability from a proprietary list of over 100 hazards that focus on disruptions to the workplace and could disrupt the ability of The City of Meridian departments to provide Continuity of Operations of essential processes and services. These threats will be evaluated to determine their impact on the City of Meridian's facilities and infrastructure, and the resulting impact on: • Staff and visitors • Operations of essential functions • Physical and intellectual property • Any negative impact to the City of Meridian's reputation or mission The threats considered will include, but not be limited to: • Flood, Fire, Cyber attack, Utility outage, Disease, Sabotage, Equipment failure, Labor dispute, Earthquake, Terrorism, Severe Weather • KETCHConsulting will use its proprietary list of over 100 possible threats, analyze statistically and make a determination of the odds of any of these occurring. The risk analysis process quantifies threats, vulnerabilities, and risks. • Threats are any natural or human caused event that can harm the City of Meridian's staff, mission, and assets. Some threats are not likely to occur, while others are quite probable. • Mitigation steps the City of Meridian can undertake to reduce the impact of each vulnerability are cataloged into a risk matrix. COOP 2012 - page 9 of 19 • To help the City of Meridian determine the cost benefits of mitigating each vulnerability, they are prioritized as Very High, High, Moderate, Low and Very Low. Risk Analysis focuses on the impact a threat has on the City of Meridian's staff, mission, and assets. This evaluation incorporates the quantification of the threat along with the impact to the City of Meridian's Mission Essential Functions (MEF)/Primary Mission Essential Functions (PMEF) and the quantification of what that impact would be to the City of Meridian. This phase involves following a structured process for understanding the problem facing the individual agencies and departments. Simply, this process provides this understanding by answering the following three questions: (1) what can go wrong, (2) what is the likelihood that the undesired event might occur; and (3) what would be the impact should it occur? Factors such as the likelihood of the threat manifesting itself into an actual event are quantified and computed by KETCHConsulting's model's algorithms to create an objective score. That score is then compared with other threat scores in its category as well as all threat scores to determine the threat's priority. Using this final summary of threat analysis as described above, and the output of the BIA detailed in the following section, KETCHConsulting will create a written document that lists and ranks the impact to the essential functions caused by the threats faced by the client. A.1.1. Deliverables and Benefits the City of Meridian will realize • An official ranking of the threat and impacts resulting in a document that serves as the foundation for developing the basis for specific COOP, crisis management and disaster recovery plans • KETCHConsulting will provide a list of "Top Ten Risk Findings" summarizing the most likely high impact risks to The City of Meridian Department's Continuity of Operations, of Mission Essential Functions, as defined by the BIA. • Education of Elected Officials, and Department Heads through a review of the findings and conclusions. A.2. BIA and STRATEGY A.2.1. BIA KETCHConsulting will perform a Business Impact Analysis (BIA). KETCHConsulting's approach involves surveys and data gathering with the participants, but more importantly, a review and update of the survey data in a workshop environment. The workshops allow COOP 2012 - page 10 of 19 multiple departments to share and discuss their Essential Functions and interdependencies thus vetting the data. This process supports the identification of Mission Essential Functions (MEF)/Primary Mission Essential Functions (PMEF), the recovery time objectives (RTO), and the minimum resources required to support those func#ions. The BIA Kickoff and surveys will follow the department structure of the City of Meridian; however it is important to recognize the goal of the BIA is to identify the Mission Essential Functions of each department and the COOP requirements to support those functions. The result of the BIA may indicate more COOP plans andlor teams than departments. KETCHConsulting's initial assumptions are that the initial list of 18 departments will result in 20 COOP plans (Breakout of COOP plans is shown in the assumptions (section F.1) of this proposal). However this assumption and the reasoning behind the assumption will be verified or adjusted during the BIA project. This phase of the project will involve performing the following tasks: • With the Meridian project manager, identify stake holders of each department within the Meridian organizational structure that would exhibit any potential sensitivity to service outage, to participate in the BIA • Conduct an initial planning meeting and prepare project plan • With the Meridian project manager, develop the workshop survey • Conduct a Kickoff Meeting to educate the participants and distribute the survey • Analyze the returned surveys and prepare workshop material • Facilitate five workshops with multiple departments/service functions • Conduct follow-up interviews to verify the findings if required • Using the workshop data, apply objective metrics to measure the criticality of each departments/service function • Classify each function within the participating areas as Essential or Non- Essential • Identify existing COOP plans in each area and evaluate those plans for the functions classified as essential • Prepare and execute a final BIA Report and Presentation for the Project Sponsor, Project Manager, Elected Officials and Department Heads A.2.1.1. Deliverables and Benefits the City of Meridian will realize A Microsoft Word document entitled "City of Meridian Impact Analysis". COOP 2012 - page 11 of 19 • An accurate classification of the Mission Essential Functions of The City of Meridian • The workshop and vetting of the data by peer groups "Breaks the Ties" based on The City of Meridian's needs. • A valid assessment of the COOP plans for the business/service functions currently in place to restore or protect those Mission Essential Functions • Recovery Time Objectives (RTOs) of those Mission Essential Functions • Requirements for delegation of authority and orders of succession • Dependencies those essential functions have on technology and on other functions • Minimum human capital resources required for the recovery of the identified essential functions • Minimum facility and physical resources required for recovery • Education an the BIA findings, Mission Essential Functions and recovery requirements to the Project Sponsor, Project Manager, Elected Officials, Department Heads, and participants A.2.2. Strategy Development KETCHConsultingtyill use the results of the Risk Analysis and Business Impact Analysis and assist the city in developing COOP recovery strategies. These will be designed to enable recovery of the Mission Essential Functions within the Recovery Time Objectives identified by the BIA and recovery of the data and work in process meeting the Recovery Point Objectives (RPO) required to meet the needs of the city. KETCHConsulting will work with the project manager to create an overall continuity strategy that is agreed upon by the Elected Officials and Department Heads prior to the development of the detailed continuity plan. This strategy will establish apolicy-level framework to guide decisions made later during detailed planning for continuity implementation. The solution design will include considerations such as, but not be limited to: • Command structure • Communications plan • Assembly plan COOP 2012 - page 12 of 19 • Location of alternate work sites • Research practical recovery methods • Meet with Department Process Owners • Identify Alternative Recovery Procedures • Identify Alternative Recovery Locations • Determine Alternative Recovery impacts • Review current Teleworking capabilities within the Department • Review the unique Personnel issues within the Department and the identified continuity alternatives • Research Alternative Processes and RTOs • Develop Department Recovery Strategy Report • Present Recovery Strategies to Project Sponsor, Project Manager, Elected Officials, Department Heads, and participants A.2.2.1. Deliverables and Benefits the City of Meridian will realize The Strategy Development deliverable will be a specific implementation plan with estimated budget. This will provide The City of Meridian with an example of a comprehensive Continuity of Operations Plan that could be used to ensure Continuity of Operations of the City's essential functions. Elected Officials and Department Heads will increase their knowledge as a result of the review of strategies. A.2.3. Identify and Organize COOP Teams and key partners Using the results of the Business Impact Analysis, KETCHConsulting will assist in the identification and organization of individual department COOP teams and the key partners that each team must align with, to ensure successful execution of the completed COOP plans. KETCHConsulting will. work with the City staff to select Departments with identified COOP Planning requirements, and facilitate an interactive workshop approach to assist representatives from each Department to identify team members required to continue the execution of their essential functions, and to identify key partners to meet their external dependencies. A.2.3.1. Deliverables and Benefits the City of Meridian will realize This will provide The City of Meridian with COOP Teams and key partners identified and structured to support each COOP plan, and the external dependencies that must be identified and committed to ensure the successful execution of each COOP plan. As a result, the team members and key partners will be educated and prepared to execute COOP 2012 - page 13 of 19 Tabletop Exercises, and therefore dramatically increase the odds of success, should an actual event occur. An additional benefit to the Elected Officials and Department Heads will be their awareness of the same information disseminated in the education to the team members and Key partners. A.3. Tabletop Exercises No matter how much money and time are spent on Analyses and Plan Development, untested plans are of little value. And the industry's "Best Practices" for testing both newly developed plans and plans that have been around for awhile, are Tabletop Exercises. They are the simplest, lowest risk, and most efficient way to test any kind of Continuity plan. KETCHConsulting's approach to executing Tabletops is recognized as industry leading "Best of Breed." That's why CPM has requested KETCHConsulting, specifically Morris Davis and Ted Brown to teach Tabletop classes at CPM conferences. The KETCHConsulting Tabletop approach has the following Objective and Scope; • Discuss communication paths and capabilities • Verify the essential functions and dependencies are identified • Identify how each essential functions will continue • Verify team members understand their roles and tasks • Document Gaps and Shortfalls; But DON'T FIX • Match expectations to human behavior The Format for a KETCHConsulting Tabletop: • "Control Messages" about the situation are presented • The team will review the actions triggered by the COOP • Are the responses appropriate? • Is that what people will. actually do? • Do the responders have the capability and authority? • There are no wrong answers • If we need to terminate a discussion, we will document the open issue on the "Parking Lot" • We will document our recovery time line during this exercise and compare it against our continuity objectives • Open issues, gaps and shortfalls will be captured for the After-Action report COOP 2012 - page 14 of 19 To develop, support and execute the Tabletop Exercise, KETCHConsultingtyill: • Develop a Scenario for the Tabletop Exercise • Develop a script for the Tabletop Exercise • Develop a Tabletop Exercise PowerPoint Presentation • Facilitate the Tabletop Exercise • Facilitate Post Tabletop Review with Team Leaders • Document Post Tabletop Review Following the exercise, KETCHConsulting will document a Tabletop "After Action" report summarizing the modifications and improvements identified in the Post Tabletop Review, as well as from KETCHConsulting's findings and observations. The After Action Report will be written following the Homeland Security Exercise and Evaluation Program (HSEEP) guidelines and will address issues such as: • Are critical communications maintained? • Are critical applications supporting business processes identified? • Are essential functions and resources supporting those processes identified and recovered? • Are critical dependencies identified and supported? • Are critical employees identified and does the COOP provide adequate facilities (alternate facilities if required) and support? • Does the COOP, as tested, provide Continuity of Operations, meeting the Recovery Time Objective? The After Action Report includes all of the identified open issues and also ensures a single person is assigned responsibility to resolve that issue, and an agreed to target date is set for that resolution. A.3.1. Deliverables and Benefits the City of Meridian will realize • A Tabletop Exercise that meets the immediate requirements of Test, Training and Exercise (TT&E) schedule and responsibility for The City of Meridian, and establishes the groundwork and schedule for future TT&E requirements. COOP 2012 - page 15 of 19 • State of the Industry recovery exercise planning, scenario descriptions, documentation, preparation and follow-up reports from the Exercise • Documents and reports from KETCHConsulting including recommendations, project plan, workshop materials, exercise scenario, Tabletop exercise scripts, Tabletop After Action Report with open issues and exercise action items • An additional benefit to the Elected Officials and Department Heads will be their awareness of the quality of the department COOPs and the process of Test, Training and Exercise (TT&E) as a result of this project A.4. Assist the City of Meridian in facilitating a meeting with Elected Officials and Department Heads As noted throughout most of the previously defined projects, Elected Official, and Department Head Education is a logical result of well executed kick-off meetings, workshops, and final report reviews. In addition, KETCHConsulting will assist The City of Meridian in facilitating a meeting with all Meridian Elected Official and Department Heads to educate them on the importance of COOP and gain necessary support to enable a successful viable COOP Plan. KETCHConsulting will also work with the City of Meridian staff to identify critical positions, communication and facility requirements to support Continuity of Operations of the Essential Functions of the City of Meridian and gain their commitment to filling those positions and providing the communication and facility requirements. A.4.1. Deliverables and Benefits the City of Meridian will realize This will yield educated Elected Officials and Department Heads with resulting COOP "Buy- in" at all levels. This is a specialty of Ted Brown's. This will also provide The City of Meridian with an agreed to and fully supported framework of Continuity of Operations Planning that crosses department and agency boundaries. This effort to identify and make ail stakeholders aware of the plans for Continuity of Operations will prevent any single department from the need to recover their Essential Functions alone, but instead will provide each department the support of a City-wide Continuity Plan as a subset of the City's Disaster Recovery Plans. COOP 2012 - page 16 of 19 B. Project Management Approach KETCHConsulting will provide a single project manager throughout the engagement. Morris Davis, the KETCHConsulting National Practice Leaderwill lead the project, and will fill the role of the project manager. KETCHConsulting has performed the initial planning for this project under the assumption and commitment that both KETCHConsulting and The City of Meridian will be prepared to commence this project by November 1, 2011 and complete prior to the end of June, 2012. KETCHConsulting will be available at Meridian's convenience to conduct some of the preplanning, data gathering and project planning, via phone or Email, if required, during July. KETCHConsulting uses a traditional phased approach to identify the sequence of steps to be completed and monitors or adjusts the project throughout all phases to ensure consistency and completeness. • Project initiation stage O KETCHConsulting will meet with the Meridian project manager and ensure there is complete understanding of the objectives with agreement on deliverables and timelines. Project planning o KETCHConsulting will conduct a planning session with all participants to ensure understanding and agreement with roles and responsibilities and ensure all resources are identified and available. • Project execution or production stage o The Subject Matter Expert (SME) for each phase will then execute the project using their expertise and methodology as planned. The project manager will monitor, report status and ensure all required resources are being made available. • Project monitoring and controlling systems o During the project the KETCHConsulting project manager will monitor each project and document status reports at a frequency as agreed to during the project initiation stage. The status will contain: o Accomplishments to Date o Scheduled and Planned Activity COOP 2012 - page 17 of 19 o Concerns, Open items, Action Items o Schedule • Project completion stage o At or before completion, KETCHConsulting will review progress and the deliverable with the City of Meridian Project Manager to ensure concurrence and acceptance. o KETCHConsulting will prepare a Summary Report summarizing the scope, approach, findings and recommendations and present to the City of Meridian Project Sponsor, Project Manager, Elected Officials and Department Heads B.1. City of Meridian Resources Required Synergy hours far COOP DeoartmPntc . ~ ~ n...__ _ Resources by title or mission and (quantity) RA BIA V COOP Tabletops ours _ per indivedual Tota Hours by Resource Project Manager (1) 9 21 12 9 51 5 IT BCP/DR Interface (1) 16 8 16 40 40 Dept. Managers 34 34 68 136 Dept. BCP Representatives 102 204 85 23 391 Emergency Management (1) 1 2 3 Risk Manger (1) 10 1 1 Facility Manger (1) 12 12 2 Security Manager (1) 1 1 Legal (1) 1 1 1 Management Team (?) 2 1 1 1 5 5 Executive Sponsor ..~. ,, n~ ,, .. , r. Total hours by project 1 ._.._ 35 1 178 1 262 1 180 655 This is a planning estimate based upon KETCHConsulting's experience. The actual hours required of the participants may vary. COOP 2012 - page 18 of 19 Attachment B PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $67,187.00 including travel expenses. Fees will be billed monthly as services are performed. TASK DESCRIPTION AMOUNT A, Total and complete compensation for all tasks Ilsted above.. $67,187.00 TOTAL $67,187.00 Travel expenses (if included in the Scope of Services) will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy and only with copies of detailed receipts. COOP 2012 - page 19 of 19 ri i n iy oucillVlein Amendment for aNot-to-Exceed Amount of $230,715.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E~MSTAFD TOI AGENCY I APPLICANT ( NOTES ( INITIALS z~ ~~ w a~ C V c ,~ 0 4 Q ~fi C .y h y C ~ ~C = C to 0 0. •C r J N A U ~ O. N ~ p a ~ ~ ~i cx c Q o ~ ~ U 4 c v =. ~ E cco ~ d Q `o ~ .C m ~~U ~ o LL :~: LL Z W Z W W m Z Z 0 v C of .. d W c ro w N a~ .Y3 0 c c 0 .o a N a®-~ c 0 c a~ a~i ~ r. ~ a •~ .A C P (~ r r td A p~ A G. w u~ n 0 c 0 cEv c C '~ N v 3 c~ i~ .c U h aci rn E a~ C d C .N ~ 'p aj £ G~1 C ~ 'a ~ d .O c we c ~ ~ '-~°, ~ c v c v '" a x ~ c ' ° .•a +g ° a i c .~ N c r ~ ~c~ ~ a~ c~ ~c P r ~ ~ ` ~ ~~IOOO .TC. }N. 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C .~ J ` ~U C 7 0 U o: ~• c• rn '~ . 0 ~~ o• ~` ~3 a~i I E c a~ Q~ to 3s c o .~' °- N c ~ I 0 a ~~ ~a v ~~ m_o U (YU~ N N C ~o 0 >, tC ~ G ~~ .N 0 0 N C so ~J >> c~ o ~ o U Q y ~~~ ~oo~ Q:~ o ~U 0 ., ~i ~ c_w v ~ C ~~~ Q N ~ C ~3 ~ ~i ~ m ~~ .`~~.c~v>°. c p 1.1.. J 1 Q J N ` ~, `~ m J Q N r C v ~a a~i m U U ~ ° a d ~ ~ ~ ~1[ ° (9 J Y V C ` Z r d V ~ 2 ~ d ~ ~ 2 a`> ~ ~ li rn i 5 'rn ~ , O 1 ~ ~ N _ 41 ~ ~ h X IG M ~ ~ E _ ~ r N v Z ~ O ~ Q ~ G G ~ o ~ ~ x Q F O o ® ~ v ~ Q Z ~ car ® ~ d r ++ ~° C t0 ~ N Z~ ~ c ~ w' E ° O %! 3+ V v d~ v~ ~ ° E ~ d ~ w 3 d ~ ~~ CC e b . ~ ~ ;a~ ~ ~ E ° ° m ~ ,w° ~ ~ ~ C 00 V pP.~~eNr°F~ 400 Southwest Sixth Avenue, Suite 700 Q~ve `~~ °~N u.S. Department of Housing and Portland, OR 97204-1632 p * ! i * o Urban Development , (s7~) 222-2sio zo ~~~~I w~ Region X Portland Field Office FAX (971) 222-2670 ~9e Voe~'' Community Plann(ng & Development Division AN pEV'~ November 22, 2011 Lori Den Hartog CDBG Administrator City of Meridian Planning Department 33 East Broadway Meridian, ID 83642 Dear Ms. Den Hartog: SUBJECT: Program Year 2011 Funding ApprovaUAgreement I am pleased to inform you that HUD has obtained congressional release of the city's FY 2011 program award. This letter now transmits our FY 2011 CDBG grant agreement in the amount of $230,715 for the previously approved 2011 Action Plan. Please have Mayor de Weerd execute all three of the enclosed CDBG Funding ApprovaUAgreements with an original signature and date, retain one copy for your records, and return the others within two weeks to: Mr. Doug Carlson Director, Community Planning and Development HUD Portland Field Office 400 SW 6`~ Avenue, Suite 700 Portland, OR 97204-1632 Please note that HUD's previous approval of the action plan does not constitute a determination that the activities are eligible and meet the statutory objectives of the authorizing legislation. The city is responsible for ensuring compliance with program requirements. Please also be reminded that funds may not be obligated or expended for activities that have not received environmental clearance, as required by 24 CFR Part 58. www.hud.gov/oregon We look forward to working with you to support your ongoing work to meet the goals of the city's 2007-2011 Consolidated Plan and the 2011 Annual Action Plan, If you have any questions about the enclosed comments or need technical assistance, please contact Murrianna Thomson, CPD Representative at 971-222-2621 or via email at Murrianna.KThomson@hud.gov. Sincerely, ~~Jv Doug Carlson Director, Community Planning and Development Enclosures r®ian iy uncil in T : ®ecember 6, 2011 IT lJM 8p ~~ Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: I E-MSTAFF TOI AGENCOY I APPL CANT ( NOTES I INITIALS CITY OF MERIDIAN RESOLUTION NO. 0 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, ADOPTING APPLICABLE PROVISIONS OF THE ADA COUNTY ALL HAZARDS MITIGATION PLAN, DIRECTING PUBLIC WORKS DEPARTMENT STAFF TO IMPLEMENT THE STRATEGIES THEREIN AND TO CONTINUE REPRESENTING THE CITY OF MERIDIAN IN MATTERS RELATED TO THE PLAN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, natural hazards bearing a risk to life, property, environment and the County's economy exist within the City of Meridian, as they do throughout Ada County; and WHEREAS, proactive mitigation of known hazards before a disaster event can reduce or eliminate long-term risk to life and property; and WHEREAS, The Disaster Mitigation Act of 2000 (Public Law 106-390) established new requirements for pre and post disaster hazard mitigation programs; and WHEREAS, a coalition of Ada County stakeholders with common planning objectives, including a representative of the City of Meridian, .formed the Hazard Mitigation Steering Committee to pool resources and create consistent mitigation strategies to be implemented within each partner's identified capabilities within the Ada County Planning Area; and WHEREAS, with public input, the Hazard Mitigation Steering Committee completed a planning process that included assessing the greatest risks and vulnerabilities to the impacts of natural hazards, overall and within each jurisdiction; developing mitigation strategies, and creating the Ada County All Hazard Mitigation Plan ("ACAHMP"); WHEREAS, the Mayor and City Council find that it is in the best interest of the people of Meridian to adopt and implement applicable portions of the ACAHMP; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Volume I of the ACAHMP, the executive summary of which is attached hereto as Exhibit A, and the Meridian annex to and all appendices of Volume II of the ACAHMP, attached hereto as Exhibit B, are hereby adopted by and within the City of Meridian. Section 2. That City staff will use the adopted and approved portions of the ACAHMP to guide pre- and post-disaster mitigation of the hazards identified. Section 3. That City staff will coordinate the strategies identified in the ACAHMP with other planning programs and mechanisms under its jurisdictional authority. RESOLUTION ADOPTING PROVISIONS OF THE ADA COUNTY ALL HAZARD MITIGATION PLAN PAGE 1 OF 2 Mayor Tammy de Weerd City Counci) Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd Members of the City Council FROM: Kyle Radek Assistant City Engineer DATE: November 18, 2011 SUBJECT: Resolution adopting all of Volume 1 and the City's section of the Volume 2 within the Ada County Hazard Mitigation Plan- to be included as a Department Report for City Council agenda for becember 6, 2011. I. DEPARTMENT CONTACT PERSONS Kyle Radek, Asst. City Engineer 489-1343 Mollie Mangerich, Environmental Program Manager 489-1379 Warren Stewart, Engineering Manager 489-1350 Tom Barry, Public Works Director 489-1372 ATTACHMENTS Executive Summary and City of Meridian Annex of the Ada County Hazard Mitigation Plan are attached as well as the proposed resolution. The complete plan can be found at the Ada City- County Emergency Management Website: l~ttp://ww`v.accem o~< ~ ~~tt.html PREVIOUS AGENDA ITEM DISCUSSION A discussion of the development of the Ada County Hazard Mitigation Plan and the need for the City, as a planning partner, to formally adopt the plan was held at the November 18th City Council Meeting. Language changes to initiatives M-5 and M-6 are reflected in the attached plan. As requested by Council, Section 5 of the resolution clearly makes any previous plan versions void upon adoption of this plan. BACKGROUND- AS PROVIDED FOR PREVIOUS COUNCIL DISCUSSION Hazard Mitigation Planning for the Ada County Planning Area: Pnge 1 of 4 been aligned with the goals, objectives and priorities of the State's multi-hazard mitigation plan and flood mitigation plan. A 17 member Hazard Mitigation Steering Committee (HMSC) composed of representative stakeholders was formed early in the planning process to guide the development of the Plan. In addition, citizens were asked to contribute by sharing local knowledge of their individual area's vulnerability to natural hazards based on past occurrences. Public involvement has been solicited via a multi-media campaign that included public meetings, web-based information, questionnaires and progress updates via the news media. Why adopt this Plan? Once the hazard mitigation plan is adopted by all of the jurisdictional partners and approved by FEMA, the partnership will collectively and individually become eligible to apply for hazard mitigation project funding from both the Pre-Disaster Mitigation Grant Program (PDM) and the Hazard Mitigation Grant Program (HMGP). What is the Pre-Disaster Mitigation grant program? The PDM is a competitive grant program that provides funds to State, Tribal, and local governments for pre-disaster mitigation planning and projects primarily addressing natural hazards. Cost-Effective pre-disaster mitigation activities reduce risk to life and property from natural hazard events before a natural disaster strikes, thus reducing overall risks to the population and structures, while also reducing reliance on funding from actual disaster declarations. Funds will be awarded on a competitive basis for mitigation planning and project applications intended to make local govermments more resistant to the impacts of future natural disasters What is the Hazard Mitigation Grant Program? Authorized under Section 404 of the Stafford Act, the HMGP administered by FEMA provides grants to States and local governments to implement long-term hazard mitigation measures after a major disaster declaration. The purpose of the program is to reduce the loss of life and property due to natural disasters and to enable mitigation measures to be implemented during the immediate recovery from a disaster. Where do we go from here? Upon adoption of Volume I and our jurisdictional Annex of Volume II of the Ada County Hazard Mitigation Plan (ACHMP), and subsequent approval of said plan by IBHS and FEMA, the City will be eligible to apply for specified grants. The grant funds are made available to states and local governments and can be used to implement the long-term hazard mitigation measures specified within the City's annex of the ACHMP before and after a major disaster declaration. The ACHMP is considered a living document such that, as awareness of additional hazards develops and new strategies and projects are conceived to offset or prevent losses due to natural disasters, the ACHMP will be evaluated and revised on a continual 5 year time frame. Page 3 of 4 Ada County Hazard Mifi~; atio~z Plan Update Volume 1: Planning-Area-Wide Eleme~rts UTIV U Y Ada County and a partnership of local governments within the county have developed a hazard mitigation plan to reduce future losses resulting from disasters. Hazard mitigation is the use of long- and short-term strategies to reduce the loss of life, personal injury, and property damage that can result from a disaster. It involves planning efforts, policy changes, programs, capital projects, and other activities that can mitigate the impacts of hazards. The federal Disaster Mitigation Act (DMA) requires proactive pre-disaster planning as a condition of receiving certain financial assistance under the Robert T. Stafford Act. The DMA encourages state and local authorities to work together on pre-disaster planning, and it promotes "sustainable hazard mitigation," which includes the sound management of natural resources, local economic and social resiliency, and the recognition that hazards and mitigation must be understood in the largest possible social and economic context. The enhanced planning network called for by the DMA helps local governments accurately assess mitigation needs, resulting in faster allocation of funding and more cost- effective risk reduction projects. The responsibility for hazard mitigation lies with private property owners; business and industry; and local, state and federal government. It is impossible to predict exactly when and where disasters will occur or the extent to which they will impact an area; but with careful planning and collaboration among public agencies, stakeholders and citizens, it is possible to minimize losses that disasters can cause. PLAN UPDATE Federal regulations require hazard mitigation plans to include a plan for monitoring, evaluating, and updating the hazard mitigation plan. An update provides an opportunity to reevaluate recommendations, monitor the impacts of actions that have been accomplished, and determine if there is a need to change the focus of mitigation strategies. DMA compliance requires that plans be updated. A jurisdiction covered by a plan that has expired is not able to pursue funding under the Robert T. Stafford Act for which a current hazard mitigation plan is a prerequisite. Initial Response to the DMA in Ada County In 2006, Ada City-County Emergency Management (ACCEM) was awarded a federal Pre-Disaster Mitigation Grant and a Wildfire Mitigation Assistance Grant to prepare the Ada County All Hazards Mitigation Plan. ACCEM hired a consultant to prepare the plan with oversight from a planning committee made up of stakeholders within the Ada County. The County Commissioner's Office contacted stakeholders directly to invite their participation and schedule meetings of the planning committee. The planning process included five phases: 1. Collection of Data about the extent and periodicity of hazards in and around Ada County. This included an area encompassing Ada, Canyon, Owyhee, Boise and Canyon Counties to ensure a robust dataset for making inferences about hazards in Ada County specifically. 2. Field Observations and Estimations about risks and locations of structures and infrastructure relative to risk areas. 3. Mapping of data relevant to pre-disaster mitigation control and treatments, structures, resource values, infrastructure, risk assessments, and related data. ES-7 ...EXECUTIVE SUMMARY PLAfV UPDATE METHODOLOGY A partnership of local governments in the defined planning area collaborated on the development of this hazard mitigation plan update. This partnership followed afive-phase planning process over 14 months that resulted in a document that will provide a blueprint for hazard risk reduction in the Ada County planning area for the next five years. Phase 1-®rganize and Review A planning team was assembled to provide technical support for the plan update, consisting of key County staff and ACCEM, as well as a technical consultant. The first step in developing the plan update was to organize the planning partnership. The County and six municipal governments committed to this update process. With special-purpose districts included, plan coverage was expanded to include 22 planning partners as shown in Table ES-1 and Table ES-2. All planning partners committed to the process by providing letters of intent to participate and agreeing to partner expectations. TABLE ES-2. SPECIAL PURPOSE DISTRICT PLANNING PARTNERS Ada County Paramedics Kuna Rural Fire District North Ada County Fire and Rescue Whitney Fire Protection District Drainage District #4 Joint School District #2 Greater Boise Auditorium District Flood Control District #10 Eagle Fire District Meridian Rural Fire Protection District Star Joint Fire Protection District Boise Warm Springs Water District Eagle Sewer District Independent School District of Boise Ada County Highway District A 17-member steering committee was assembled to oversee the development of the plan, consisting of planning partner staff, citizens, and other stakeholders in the planning area. A key function of the Steering Committee was to confirm a guiding principal, goals and objectives for this updated plan. Full coordination with other county, state and federal agencies involved in hazard mitigation occurred from the onset of the plan update process. A multi-media public involvement strategy centered on a hazard preparedness questionnaire was also implemented under this phase, as well as a comprehensive review of the previous plan and the State of Idaho Hazard Mitigation Plan. Additionally, a comprehensive review was performed of existing programs that may support or enhance hazard mitigation actions. ES-3 EXECUTIVE SUMMARY Phase 5-Plan Adoption/Implementation The final adoption phase will begin once pre-adoption approval is granted by Idaho Bureau of Homeland Security (IBHS) and FEMA. Each partner will adopt the updated plan individually. A plan implementation and maintenance section included in this document details the formal process for ensuring that the plan remains active and relevant. The plan maintenance process includes a schedule for monitoring and evaluating the plan's progress annually and producing a plan revision every five years. Throughout the life of this plan, a steering committee representative of the original committee will provide a consistent source of guidance and oversight. The plan adoption phase includes strategies for continued public involvement and incorporation of the recommendations of this plan into other planning mechanisms within the planning area, such as general plans, capital improvement plans, building codes, and emergency management plans. MISSION STATEMENT, GOALS AN® OEJ CTIV S The following mission statement guided the Steering Committee and the planning partnership in selecting the initiatives contained in this plan update: To reduce the vulnerability to natural hazards in order to protect the health, safety, welfare and economy of the Ada County community. The Steering Committee and the planning partnership established the following goals for the plan update: 1. Protect lives and reduce hazard-related injuries. 2. Minimize or reduce damage from natural hazards to property, including critical facilities. 3. Encourage the development and implementation of long-term, cost-effective mitigation projects. 4. Maintain, enhance and restore the natural environment's capacity to deal with the impacts of natural hazard events. Improve emergency management preparedness, collaboration, and outreach within the planning area. Plan objectives were developed through a facilitated exercise that focused.on finding objectives that meet multiple goals. The objectives are listed in Table ES-3. MITIGATION INITIATIVES Mitigation initiatives are activities to reduce or eliminate losses resulting from natural hazards. Mitigation initiatives are the key element of the hazard mitigation plan update. By implementing these initiatives, the planning partnership will strive to become disaster-resistant through sustainable hazard mitigation. The Ada County planning partnership has identified over 200 initiatives that will strive to reduce risk to the hazards of concern identified in this plan. Although adoption of this plan makes the planning partners eligible. for FEMA grant funding, the purposes of the plan go beyond grant eligibility. It was important to the planning partnership and the Steering Committee to look at initiatives that will work through all phases of emergency management. Some of the initiatives outlined in this plan are not grant eligible but were chosen for their effectiveness in achieving the goals of the plan. A series of countywide initiatives were identified, as summarized in Table ES-4. Jurisdiction-specific initiatives are listed in Volume 2 of this plan. ES-5 ...EXECUTIVE SUMMARY TABLE ES-4. ACTION PLAN-COUNTYWIDE MITIGATION INITIATIVES Hazards Addressed Lead A enc Possible Fundin Sources or Resources Time Linea Ob'ectives CW-1 Sponsor and maintain a nahrral-hazard informational website to include the following types of information: • hazard-specific information such as warning, private property mitigation alternatives, important facts on risk and vulnerability • Pre- and post-disaster information such as notices of grant funding availability • CRS creditable information • Links to plamring partners' pages, FEMA and Idaho Bureau of Homeland Security • Natural hazard mitigation plait information such as progress reports, mitigation success stories, update strategies, Steering Committee meetings. All ACCEM ACCEM Operation Budget Short term, 2,8,9 ongoing CW-2 The Steering Committee will remain as a viable body over time to monitor progress of the plan, provide technical assistance to planning partners and oversee the update of the plan according to schedule. This body will continue to operate render the ground rules established at its inception. All ACCEM Can he funded under existing programs Short term, 5,8,9 ongoing CW-3-All planning partners that committed to the update effort wilt formally adopt this plan when pre-adoption approval has been granted by IBHS and FEMA Region X. Each planning partner will adhere to the plan maintenance protocol identified in this plan. All actions under this initiative will be coordinated by ACCEM All ACCEM/Each planning Can be funded under existing programs Short term All artner CW-4~ontinue toimplement ongoing public outreach programs administered by ACCEM. Seek opporrimities to promote the mitigation of natural hazards within the planning area, utilizing information contained within this plan. All ACCEM Can be funded under existing programs Short term, 2,8,9 ongoing CW-SSeek tiie use of the best available data, science and technology to update the risk assessment to this plan as that data, science, technology and fiutding resources become available. All ACCEM FEMA Hazard Mitigation Grant Long-Term, 2,9 funding, RiskMAP, federal hazard depends on anal six fundin fundin CW-6Continue to support and coordinate with the Idaho Silver Jackets program. All ACCEM Can be funded under existing programs Short term, 2,6,8,9 ongoing CW-7 Provide technical support and coordination for available grant funding opportunities to the planning partnership All ACCEM Can be funded under existing programs. Short term 2,9 This technical assistance is a reimbursable activity under FEMA Hazard Miti ation Gran Pro rams CW-8 Participate as a cooperating parh~ers with FEMA and other stakeholders in FEMA's RiskMAP initiative All ACCEM Can be funded under existing programs. Short term 2,9 Could be subsidized with funding under the RiskMAP initiative ES-7 T I I I 7.1. H AR MITICATI®N PLAN P®IT CTT Primary Point of Contact Alternate Point of Contact Kyle Radek, City Engineer Mollie Mangerich 33 E. Broadway Ave 33 E. Broadway Ave Meridian, ID 83642 Meridian, ID 83642 Telephone: 208.898.5500 Telephone: (208)898-5500 e-mail Address: kradek@meridiancity.org e-mail Address ~ . _._;_ s .: ' '. _meridiancity.org 7.2. JUISICTI®N P ®IL The following is a summary of key information about the jurisdiction and its history: • Date of Incorporation-August, 1903 • Current Population-75,290 as of 2/23/2009 • Population Growth-Meridian has seen significant growth in the last 10 years, with an increase of 12.8% since 2009. Community Planning Association of Southwest Idaho (COMPASS) estimates that the population of Meridian will increase to 138,564 by 2035, an increase of over 70%. • Location and Description-Meridian is not only geographically located in the center of the Treasure Valley, but it also is the population center of the Treasure Valley; people are evenly distributed in all directions from Meridian. Downtown Meridian is approximately 10 miles from the heart of Boise. • Brief History Meridian has transformed from asagebrush-filled mail drop located on the Oregon Trail in the 1880s, to a small fruit orchard center after the turn of the century through the 1930s, to a dairy-based farming community in the 1940s. Meridian is named for Idaho's principle meridian used for the initial survey of the state which coincides with Meridian Road at the center of the City. Its character as a small farming community continued until approximately 1990, when its population was still about 10,000. • Climate-Meridian is favored by a mild, arid climate. July is the hottest month, with the average high temperature of 90° F. January is the coldest month with an average low temperature of 22° F. The normal precipitation pattern in the Meridian area shows a winter high of 1.2 inches of precipitation per month and a very pronounced summer low of about 0.1 inches. Typically there are 12 inches of annual precipitation. • Governing Body Format-Meridian uses the Mayor-Council form of local government. In Meridian, the Council, which includes the Mayor, possesses both legislative and executive authority. Departments include: City Clerk, Finance, Fire, Human Resources, Mayor's Office, Parks & Recreation, Planning, Police, and Public Works. • Development Trends As of 2009, single family housing is the predominant development in Meridian, accounting for 88% of all dwelling units. Additionally, Meridian currently provides 15% of available jobs in Ada County, or 29,013, with Boise providing 139,883 of 7-1 ..7. CITY OF MERIDIAN ANNEX Additionally, data is needed on the following hazards to have a better understanding on risk within the planning area: • Earthquake-NEHRP soils data as well as USGS "shake maps" for scenario events most likely to impact the planning area. • Landslide-Soils data for landslide susceptibility Analysis. • Wildfire-Enhanced wildfire mapping that will better support risk ranking and the measurement of risk reduction activities. Mapping similar to California's Fire and Resource Assessment Program (FRAP). • Flood-A consistent data set on flood risk that is both publically and politically supported that accurately reflects the true flood risk is desperately needed within the planning area. 7.9. HA A AR A XT NT AN LOCATION Hazard area extent and location maps for the City of Meridian are included at the end of this chapter. These maps are based on the best available data at the time of the preparation of this plan, and are considered to be adequate for planning purposes. TABLE 7-1. NATURAL HAZARD EVENTS T e of Event Date Preliminar Damage Assessment Thunderstorm/Wind 8/21/2010 N/A Thunderstorm/Wind ----------------------------------------------------- 6/4/2010 ------------------------------------------------ N/A ---------------------------------------------------------------------------------------------- Thunderstorm/Wind ----------------------------------------------------- 7/22/2008 ------------------------------------------------ N/A ----------------------------------------------------------------------------------------------- Thunderstorm/Wind 7/4/2006 N/A Thunderstorm/Wind 1/30/2004 N/A Thunderstorm/Wind 7/25/2002 N/A Thunderstorm/Wind ----------------------------------------------------- 8/13/1996 ----------------------------------------------- N/A ----------------------------------------------------------------------------------------------- Haii 7/6/1995 N/A Hail 6/ 16/ 1995 N/A Thunderstorm/Wind 4/27/1995 N/A 7-3 ..7. CITY OF MERIDIAN ANNEX TABLE 7-3. LEGAL AND REGULATORY CAPABILITY State or Other Local Federal Jurisdictional State Authority Prohibitions Authority Mandated Comments Stormwater Plan No _______ ________ No____________________No___________ ______ _No _ Capital Improvement Plan Yes No No No 5-Year CIP for water, sewer and reclaimed water utilities. Updated annually. Last update to cover 2012 thru 2016. Habitat Conservation Plan ----------------------------------------------------- No ------------------ No ----------------------- No ------------------------- No ------------------ ------------------------------------------------------------------ Economic Development Plan Yes No No No Updated 2010-2012. Mayor's Office of Economic Excellence. Strategic plan presented to City Council and public record on October 12, 2010 Emergency Response Plan Yes No No No ACCEM: Ada County Flood Response Plan. Adopted: January, 2006 Ada County Mass Casualty Incident Plan. Adopted: 12/16/2010 Ada County HAZMAT Response Plan. Adopted: Apri12011 Ada County Wildfne Response Plan. Adopted: May 2010 Shoreline Management Plan No No No No Post Disaster Recovery Plan No No No No 7-5 ...7. CITY OF MERIDIAN ANNEX TABLE 7-6. COMMUNITY CLASSIFICATIONS Participating? Classification Date Classified Community Rating System No N/A N/A Building Code Effectiveness Grading Schedule Yes 10/10 N/A Public Protection Yes ISO Class 3 2009 Storm Ready------------------------------------------------------------ ------- -----------Yes------------ --- Blue _ N/A----- Firewise No N/A NA TABLE 7-7. HAZARD MITIGATION ACTION PLAN MATRIX Applies to Included new or in existing Hazards Objectives Lead Estimated Sources of Previous assets Mitigated Met Agency Cost Funding Timeline Plan? Initiative #M-1-Conduct a survey of water, sewer, tire, and police infrastructure including power generation equipment, wastewater h•eahnent plant facilities, communications, and Supervisory Control and Data Acquisition (SCADA) equipment to analyze vulnerability to severe weather and earthquake, then design and execute improvements to mitigate. Existing Severe Storm, 1,2,3,10 City Medium Enterprise Short Term No Earthquake Fund, General Fund Initiative #M-2-Become a "Firewise Community". New and Wildland Fire 2,4,5,6,8 City Low General Fund Short Term No Existing L~itiative #IVI-3-Maintain compliance and good standing in the National Flood Insurance Program. New and Flood 1,2,4,5,6,8 City Low General Fund, Short Term Yes Existing Surface Water Ongoing 8.1.g Utility Fund Initiative #M-4 Apply for participation in the Community Rating S ystem (CRS) and Maintain Sta nding in CRS. New and Flood 1,2,4,5,6,7, City Low General Fund, Short Term, No Existing 8 Surface Water Ongoing Utility Fund Initiative #M-S~onsider the creation of a surface water utility. New and Flood, Severe 1,2,4,5,6,8, City Low General Fund, Short Term, No Existing Weather 10 Surface Water Ongoing Utility Fund Initiative #M-6-Develop a comprehensive surface water protection program, including a stormwat er management plan. New and Flood, Severe 1,2,3,10 City Med Surface Water Short Term, No Existing Weather Utility Fund Long Term, Ongoing 7-7 ...7. CITY OF MERIDIAN ANNEX TABLE 7-7. HAZARD MITIGATION ACTION PLAN MATRIX Applies to Included new or in existing Hazards Objectives Lead Estimated Sources of Previous assets Mitigated Met Agency Cost Funding Timeline Plan? Initiative #M-13- Where appropriate, support retrofitting, purchase, or relocation of structures located in hazard-prone areas to protect structures from future damage, with properties with expo sure to repetitive losses as a priority. Existing All Hazards 3,8,9 Meridian High FEMA Hazard Long Term No Building Mitigation Depends on Dept. Grants, with funding property owner contribution for local match Initiative #M-14-Support County-wide initiatives identified in Volume 1. New and All Hazards All City Low General Fund Short Term, No Existing Ongoing Initiative #M-15-Continue to support the implementation, monitoring, maintenance, an d updating of this Plan, as defined in Volume 1. New & All Hazards All ACCEM, Low General Fund, Short-Term, No Existing Meridian FEMA Ongoing Mitigation Grant Funding for 5-year update 7-9 ...7. CITY OF MERIDIAN ANNEX TABLE 7-9. ANALYSIS OF MITIGATION INITIATIVES Dam Failure Drought ~ Earthquake (Flood Severe Weather 1. Prevention N/A M-1 1, M-12, M-15 M-1, M-9, M-11, M- 12, M-15 IvI-3, M-4, M-5, M-6, M-7, M-8, M-9, M-10, M-11, M- 12, M-15 - ------------------ M-1 1, M-12, M-15 M-1, M-6, M-11, M- 12, M-15 M-2, M-il, M-12, M-15 Initiative Addressing Hazard, by Mitigation Type 3. Public 4. Natural 2. Property Education and Resource 5. Emergency Protection Awareness Protection Services N/A N/A N/A N/A -------------------------- M-13 -------------------------------- M-1~1 --------------------- M-11 M-ld 6. Structural Projects N/A M-1, M-13 M-14 M-11 M-14 M-1 M-3, M-4, M-5, M-6, M-3, M-4, M- M-5, M-ll M-7, M-8, M-9, M- 5, M-14 10, M-13 M- l 4 M-5, M-6, M-7, M-8, M-10 ------------------------------------------------------------------------------ M-13 M-14 M-11 -------------------- M-14 M-1, M-13 M-14 M-11 M-l4 M-1, M-5, M-6, M-7, M-8 M-2, M-13 M-2, M-14 M-11 M-14 1. Prevention: Government, administrative or regulatory actions that influence the way land and buildings are developed to reduce hazard losses. Includes planning and zoning, floodplain laws, capital improvement programs, open space preservation, and stormwater management regulations. 2. Property Protection: Modification of buildings or structures to protect them from a hazard or removal of structures from a hazard area. Includes acquisition, elevation, relocation, structural retrofit, storm shutters, and shatter-resistant glass. 3. Public Education and Awareness: Actions to inform citizens and elected officials about hazards and ways to mitigate them. Includes outreach projects, real estate disclosure, hazard information centers, and school-age and adult education. 4. Natural Resource Protection: Actions that minimize hazard loss and preserve or restore the functions of natural systems. Includes sediment and erosion control, stream corridor restoration, watershed management, forest and vegetation management, and wetland restoration and preservation, 5. Emergency Services: Actions that protect people and property during and immediately after a hazard event. Includes warning systems, emergency response services, and the protection of essential facilities. 6. Structural Projects: Actions that involve the construction of structures to reduce the impact of a hazard. Includes dams, setback levees, floodwalls, retaining walls, and safe rooms. 7-11 ...7. CITY OF MERIDIAN ANNEX TABLE 7-10. PREVIOUS ACTION PLAN IMPLEMENTATION STATUS Action Status Cary Over to Removed; No Action # Completed Plan Update Longer Feasible Comments 8.2.j X More modern early warning systems are being investigated that will capitalize on current available ----------------------- - --------------------------- technologies.--------------------------------------- 8.3.a X This is now addressed by Objective #2 8.3.b X This is now addressed by Objective #2 8.3.c X This is now addressed by Objective #2 8.3.d X The statement contains more than one action. The multiple actions that are contained are now addressed by Objectives 2 and 10 8.3.e X This action will be addressed in the appropriate jurisdictional annex (ACRD) 8.3.f X This is now addressed by Objective #7 8.3.g X This action will be addressed in the appropriate jurisdictional_ annex_(ACHD) ______ _ 8.4.h X This action will be addressed in the appropriate jurisdictional annex (ACRD) 8.4.j X Action is currently not viable. Requires Irrigation District Planning Partners 8.4.k X This action will be addressed in the appropriate jurisdictional annex (ACRD) ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 8.4.a X Generators will be incorporated into larger projects that improve resiliency. These types of improvements are now addressed by Objectives 1 _ and 10 8.4.b X This action will be addressed in the appropriate _ _____ ___jurisdictional annex_(Kuna~_______ 8.4.c X Completed-ACRD has placed Opticom on traffic signals for First Responders to control signals. Each City has an evacuation plan along with the contra- flow plan. _______8.4.d______ ___________ X __________ ______ This_is_now addressed_b~ Objective #10 8.4.e X This is a basic service provided by ACRD and does not need to be addressed in the Mitigation Plan Fire Mitigation Activities S.l.a X Ongoing activity that is now addressed by Objective 5.1 _b S.l.c ----------------------------- X X 6. 'This is now addressed by Objective #6 'This is now addressed ----------------------------------------- ective #6 7-13 ..7. CITY OF MERIDIAN ANNEX TABLE 7-10. PREVIOUS ACTION PLAN IMPLEMENTATION STATUS Action Status Carry Over to Removed; No Action # Completed Plan Update Longer I'easiblc Comments 5.4.a X 'T'his activity is now addressed by Objective 5. 5.4.b X 'T'his activity is now addressed by Objectives 8 and 9. 5.4.c X This activity is now addressed by Objectives 8 and 9. 5.4.d X This activity will be addressed in the annex of _________________________ appropriate_fire jurisdiction._______________ 5.4.e X This activity will be addressed in the annex of appropriate fire jurisdiction. 5.4.f X This activity will be addressed in the annex of _ap~ropriate_fire jmisdiction__________________________________________ 5.4.g X This activity will be addressed in the annex of - --------------------------- ------------ ------- - -- -ap~ropriate_fire jurisdiction.--------------- 5.4.h X This activity will be addressed in the annex of ap~ropriate_fire jurisdiction_________________________________________ 5.4.i X This activity will be addressed in the annex of annrnnriata inricrlirtinn 5.4.j X This activity will be addressed in the annex of ---------------- - - -appropriate jurisdiction_--------------------------------------------------- ------------------------------------------------------------- 5.4.k X This activity is being removed from the Mitigation Plan as it is a direct function of the Interoperable Communications Initiatives being funded through IBHS. 5.4.1 X This activity is being removed from the Mitigation Plan as it is a direct function of the Interoperable Communications Initiatives being funded tlu•ough IBHS. 5.4.m X This activity will be addressed by the policies of the fire jurisdictions that have volunteer staff. 5.4.n X ACCEM coordinates with all local response agencies to create multi-year training plans. Training funds are available through ACCEM or directly through IBHS depending on the scope. ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ S.S.a X This activity is now addressed by Objective 5. ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- S.S.b X This activity is now addressed by Objectives 5 and 9. S.S.c X This activity is now addressed by Objective 8. S.S.d X This activity is now addressed by Objective 5. S.S.e X This activity is now addressed by Objective 9. 7-15 a~ ~ z ~ ~ ~.. ` , k ~b, ~~ I :,, ® Y " //~~~~ W ~ C.sf. F~ ~ ~~~ .1 Llol 'v s .~ LL ~ V ~ ~ ~ N N E ~ ~ ~ ~- 0 U ~ E ~ a ,f0 t~ C m O U O. 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'' ~ ~ ~~ ? ~ P_: oa ~n~p~ i ? lei ~~ r ' !1 1 i _ _ ... J - I ~ i_,' ---i LSfI~OI N I ! ~_~ ~ ~ ~ I '. ~- ~ I .~ 150x01 S L ~ ~ ~.. _ ~ -0 ! ( ~ LL w z ~ it ~1 FO / L- J ~ ~ ~ - ' v. i ~ •~ - I~ - z S NIVW N ~1SNly I Y --i ~ -, ' i ~ ~ i ! _~ ~ i d ~JVI01 D a3W N ~~ J -- pyg ~„ a NNVI01a3W S ~_ -_ / 1 . - 1 ~ 1 ~. .. , c; ~ ~ ~ --`rte ! ~ / _.~- ! - _ i _, ~ 1 - r ~ ;-! ! ~- I I J~ - L- o ; ~ ~ i ~ I - ~ oa a3aNn N ~ z ~,. ~ aa!h~a~'i7 j; ~.~ ! ~ ~ I ; ~' i ~ rz ~ i ~ ~ ~. ~ U ! r 3 ~ ~ ! , ~ ,- I ,~ ' li .I _ V ~' ~ j ~ ~- « -T . as 3uw N 31 tom,':` _ ~ ~_ - i _ j ~ . i o z j -' ~ ~' c5~ i ~ I t=j m II i 1 UI i _ - ,-1 3 i _ _ I i ~ ~~ , i ~ _ : .i ~ i !. i _ ~ i if i j' j } -- - --- ---- Mri ian iy ®uncil eein T :December 6, 2011 IT U 9A DATE: I E-MSTAFF TOI AGENCOY I APPLICANT ( NOTES I INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 BOISE IDAH012107111 10;01 AM DEPUTY Gail Garrel! RECORDED-REaul:sr of III I IIII IIIIIIIIIIIIIII Meridian City 111 ~'~~6~3 CITY OF MERIDIAN ORDINANCE NO. ~ ~ ' f' y 9 / BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE (RZ 11-002 SOUTHRIDGE APARTMENTS) FOR THE RE-ZONE OF A TRACT OF LAND SITUATED IN A PORTION OF THE NORTHEAST ONE QUARTER OF THE NORTHWEST ONE QUARTER AND A PORTION OF THE ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SECTION 23, TOWNSHIP 3 NORTH, RANGE 1 WEST, BOISE MERIDIAN, CITY OF MERIDIAN, ADA COUNTY, IDAHO, AND ADJACENT AND CONTIGUOUS TO THE CORPORATE LIMITS OF THE CITY OF MERIDIAN AS REQUESTED BY THE CITY OF MERIDIAN; ESTABLISHING AND DETERMINING THE LAND USE ZONING CLASSIFICATION OF 42.36 ACRES OF LAND FROM THE TN-R (TRADITIONAL NEIGHBORHOOD RESIDENTIAL), R-4 (LOW-MEDIUM DENSITY RESIDENTIAL), R-8 (MEDIUM DENSITY RESIDENTIAL), ZONING DISTRICTS TO R-15 (MEDIUM HIGH DENSITY RESIDENTIAL) ZONING DISTRICT IN THE MERIDIAN CITY CODE; PROVIDING THAT COPIES OF THIS ORDINANCE SHALL BE FILED WITH THE ADA COUNTY ASSESSOR, THE ADA COUNTY RECORDER, AND THE IDAHO STATE TAX COMMISSION, AS REQUIRED BY LAW; AND PROVIDING FOR A SUMMARY OF THE ORDINANCE; AND PROVIDING FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN, COUNTY OF ADA, STATE OF IDAHO: SECTION 1. That the following described land as evidenced by attached Legal Description herein incorporated by reference as Exhibit "A" is within the corporate limits of the City of Meridian, Idaho, and that the City of Meridian has received a written request for annexation and re-zoning by the owner of said property, to-wit: DBTV, LLC. SECTION 2. That the above-described real property is hereby re-zoned from the TN- R (Traditional Neighborhood Residential) district, R-4 (low-medium density residential) district, R-8 (medium density residential) district to the R-15 (Medium High Density Residential) zoning district in the Meridian City Code. SECTION 3. That the City has authority pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian zone said property. SECTION 4. That the City has complied with all the noticing requirements pursuant to the laws of the State of Idaho, and the Ordinances of the City of Meridian to re-zone said property. RE-ZONE -ANNEXATION - RZ 11-002 SOUTHRIDGE APARTMENTS Page 1 of 3 SECTION 5. That the City Engineer is hereby directed to alter all use and area maps as well as the official zoning maps, and all official maps depicting the boundaries and the zoning districts of the City of Meridian in accordance with this ordinance. SECTION 6. All ordinances, resolutions, orders or parts thereof in conflict herewith are hereby repealed, rescinded and annulled. SECTION 7. This ordinance shall be in full force and effect from and after its passage, approval and publication, according to law. SECTION 8. The Clerk of the City of Meridian shall, within ten (10) days following the effective date of this ordinance, duly file a certified copy of this ordinance and a map prepared in a draftsman manner, including the lands herein rezoned, with the following officials of the County of Ada, State of Idaho, to-wit: the Recorder, Auditor, Treasurer and Assessor and shall also file simultaneously a certified copy of this ordinance and map with the State Tax Commission of the State of Idaho. SECTION 9. That pursuant to the affirmative vote of one-half (1 /2) plus one (1) of the Members of the full Council, the rule requiring two (2) separate readings by title and one (1) reading in full be, and the same is hereby, dispensed with, and accordingly, this Ordinance shall be in full force and effect upon its passage, approval and publication. PASSED BY THE CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO, this ~dayof ,2011. APPROVED BY THE MAYOR OF THE CITY OF MERIDIAN, IDAHO, this day of I, ~' t , 2011. ~ G~~-~~~ MAYO EERD `O~pgpT@D ~~j~~, ATTEST: ~ ~.~~ . ~ r"~. 0 /~ Ciry of ~dAHO AYCIS~}L. HOLMAN, CITY CLE ,; '~~de recr,aup RE-ZONE -ANNEXATION - RZ 11-002 SOUTHRIDGE APARTMENTS Page 2 of 3 STATE OF IDAHO, ) ss: County of Ada ) On this (~ day of 7Z.irtmb-Ca/ , 2011, before me, the undersigned, a Notary Public in and for said State, personally appeared TAMMY de WEERD and JAYCEE L. HOLMAN, known to me to be the Mayor and City Clerk, respectively, of the City of Meridian, Idaho, and who executed the within instrument, and acknowledged to me that the City of Meridian executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written. ®...... '1GA J~1V®•. (SEAL) ~,~~ O~ AR~~~~'®: .~ . '~; ~, • . . . ~ ~ • ® . `~` G ' ~~® ` f'tlBti1 ~ e~ °•...•+' RE-ZONE -ANNEXATION - RZ 11-002 SOUTHRIDGE APARTMENTS Page 3 of 3 Exhibit A -Legal Description for Proposed Rezone Exhibit A -Legal Description and Exhibit Map for Proposed Rezone ~~ ~•', ~, rr'r' Y'I{$".1,AI~1Jb. GRQil1;.1NC. August 22; 2011 PtoJect No.-.111052 Rezone: 42,-~6 2ct'e5 A'tract of land situated!inra portion of the fVartheast One Quarter of the Northwest one. `Quarterand 'a,pdrt`ion of the~Tiorthwest One Quarter ofthe Northeast qne Quartert~f SeGtton 23, TpWrtshtp 3 No.reh, Range.l West, Boise Meridian, City of Meridian, Ada County; Idaho, described as follows: BEGINNING at the North :One: Quarter Corner of said Sect{an ?3 on the centerline of V1tesk Qverland Road which bears North 89'19'41" Vliest a distance of 2,661,73'feet fr..am the Northeast Corner of.said Section 23, hence followingthe no#herly Ilne of the NortheasY;One QUartekof said Section 23, South 89°19'41" East a distance of fi65.41 feetto a point; Thence leaving said northerly fine and said centerline, South QO°38'49" Wrist a clistarice.ofS88.62 feet toga point; Thence South~89°1.9'29" Cast a distance of 25:000 feet to<a point; Thence:SO~th 00°8'49" vtest a. distance of 137.22 feet to a paint; Thence-South 28°49'Sf!' tNest p distance of 49;47 feel to a point; '('hence:6056 feet followingthe arc. of a non tangent,curve to the right, said.curve having a ra~dl:us of 399,:15 feet,;a central angle of 11°50'.08'", a chordbearing.of South 56"02'3$"East and. a chord.diStance of 60:45 feet to a point;: TI'ienae South 18"41'27" t!Uest a distance of 18038 feet:#o.a point; 1`hence 113; 77 feet falibvving the aro of a circulpr curve to-the :right, said curve having a radius of 195;00 feet; a central angle of.33°25'46'; a chard bearing of South 35'24'20" West and a~chord.disfance of 112..17 feet to' a point; Thence SaUth 52°Q7'13" West a distance of'1 8.95 feet to a point; Thence South 35'2:3`08" West a distance of 26.28 feet tc- a point; 'Thence South 52°0'7'13" West a distance of'SO.OO feet to a point; Thence South 52p03'S7" West a distance of 114.'78 feet to a, point on the northerly right-of-wady line of the Ridenbaugh Canal; lnndrlripaAn'~i!(flnrr : Sllo~?lnuu7i~ ®61w/&'ilgluarlr(t . C•o'lfC'aitra !i~{eAlipn c'"Gi({inrt~rtq +CrripGir Coniu[Nr~iat/iou 462 [{. Shara.l3'[ii!L, Ste. 100; Ciaglc;lilalio 83SiG • P 208:939.4041 1j 208,939.4kF5' ~; t ~tv ~v.the1gAlptpsa~Ine com Cit\?U1'111T1052\r~dhiin\'l.~~ale\1:..1'IbB221targne 11 lb$2sdoc Page 1 of 3 `® s~l.. a ~~.' 'i'ota ~Arin G;rtoue;'riv:c: Thehee following the northerly right-flf~way (ine.of said Rid'enbaugh Cana1'the foildwirg;two (2j courses;. North ~7°52'47" ilJesf ~ distarlc,~ of;37,00 feet.to<a point; 36:45 feet: foUawing the arc of a circular curve to the left, said curve: having a radius of 2Dt~.~O feet,:a central angle of 913"39.'20'', a chord bearing of North i3g°1:'.2'2'7° West ahd e:~chord.distarce of 284:4,6 feet td a point; 1`hence, leaving said `ngrthe'r!y rightrof--way Ilse, North SC"31'59" West a distance. of x~59.S$ feet'ta a point~omsaid. northerly right-of-waysllne; Then~efollowing.sata ilorfheriy right-of-way qne the following;eight (8) courses.; Nprth fl3°2:$'17" West a distance of 18$,54 feet to a point; North 86°3~.'4~" East a distance of 10,00 feet to a point; 2'76.48 feet following;the-arc of a non tangent curve. to the left, said curve having!a radlus~of 23Q.00'feet,. a centr~ai angle.of 68°52`24", a chord bearing of North 37°5'4''29" West arid,°e Chord distance 4f 260.13 feet to a p.o,int; North 72b2ti''ai" West a distance'af 150,79 feet to a point; 46 4Z feet fnllowin.g the-arc .af a circular curve to the righ.~; sold curve having a .radius af~3~0.U0'feet, a Central angle of 08°18`42",. a chord bearing of North 58°11'20" Vlfest:and a chord`distance of ~fi':38!feet to a point;. North 64°0;'59" West a distance of 330.62 feet to a point; 1:4.24 feet fo•Ilgvving the are of s circula curve to tt~e ri~lit; satd.:curve having a radius of 324:00 feet, a cerrtra~ angle of 02°32'S6", a chord:bearir]:g of Na'rtFi 62°45'31" 1Nestand a chord,dtstance.:of 14.23 feetto a paint; iVOrth~'61°29'Q31' West a distance of 118,75 feet to a point; Thence leaving said northerly right-af=way line, South 00°48`x:6" West a distance of ~'p~86 feet to.a point on the centerline of said: Ridentiaugh Cana'.!; Llllrfrmpa!];r;GfleNnir. Stl/ P/~ni!%I~q=e i~'r,~/;~I~iurrdng +Ls"nlf'Go(~xrp lirigrr/ion Z~' l:rgjine~,ri~ ®Gnp/u<L'oiNrgnnifi~Jjon 462.G?, Sliore'lJ'dvt+,;$tc, 100, i~ai~li:,.lilnhki R3G96 ®I' 208.939 Q04] 1~:20R.932~}gg5 • www;thelan of plnc.com C:\~tii I \:111 X52\r1~3~nu~\.l .t:gdlµ\I. l 10$221t~rone' i I i 052.Qnc Page;2 of3 ® ~'..: 1'HE I;A~1l), i21i4UP(IIYt, Thence followrrtgahe centerline of and Ridenbaugh Canal the fallowing#hree;(3j caurs:es: North 6~'~9'03"''West ~ distance of.150,70`feet to a point; 32tl.04 feet following:the arc of:a circular curve Co the left, sa9d Curve having a radius of 37S.OO feet; a central angle of 4$°5$`57", a chard bearing of North 85°50'02" West and a chord distance of'.310,42 feet to a point; South 69°~T00" iNest a:distanae of 100,85 :feetYo a point on the centerline of said 1Ne,s# pverlandRoad; ThiMnce leaving saitl ceriterAne of Rideribaugh Canal and following th;e said Cente'rifne of Wdst pvsrland Road,1,872.30 festfollowingthearc of a circular cutup to the right; safd curVe.ha~ing a radius.of 1,000.00 feet, a:centrai angle of 78°§7'37"; a chord bearng'of North S1'Zb'46" East and a chord ;distance of 1,267;13 fsetto.a paint; Thsn+Ke following said.centerline and the northerly line ofi the~Nbrthwest One RUaCte'r of said, 58ction 23, South.89°14'25" pasta distance of 179.:35. feet to the P4rlv~r ap aEGirtvlNt; Tlie abp:ve=described tract of land contains 42,36 aeras, more pr ass, subject to any existirig easements>or. rights-of way. Rrepar'ed.By: Tf1E,LRNOGROUR,,INC. 462 E,SWgRE DIfIU~,SUITE 100 EAG[:E; IDA.NO 836IG 20$ 985-4041 208-939.4445 (FAX) REi/ ..~ ., L PROVAL BY AEG 2 3 2Qt1 M~1~f.L~IAN: PURL' IC WC}RKS DEFT d ~roilim~x Arrbi/n/inr a Silo i'/nnaix~q,> Ci~J/T,'agiure,zug o ~'a~Ce~rrrr'liri~vrliaa e!~ tT~girrnri(g • Grr~IJ~ Goiu~i~enlmlien AG3,k? Sltlsn'llrivc, Sfc, i00, r3a~lw lildho 8361E w P 208;9J~;d0~I I ~208:R39',4~$ ° ~y~yw Alclnnlliuoy inc. tim Ci:\2b1;1~1t1052\~JinGx~la3tala~1.110@22RerAwc 111052.dt~c Ragt ~ bf3' Exhibit B -Map for Proposed Re-Zone REVIEW~~RWAI- . 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