2012-06-26�E IDIAN�
SPECIAL MEETING
UPDATED AGENDA
Tuesday, June 26, 2012 at 6:00 p.m.
City Council Chambers
33 East Broadway Avenue, Meridian, Idaho
1. Roll -call Attendance:
David Zaremba X Brad Hoaglun
XCharlie Rountree X Keith Bird
® X Mayor Tammy de Weerd
2. Adoption of the Agenda Adopted
3. Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To
Conduct Deliberations Concerning Labor Negotiations or to Acquire
an Interest in Real Property, Which is Not Owned by a Public Agency,
and (f) To Consider and Advise Its Legal Representatives in Pending
Litigation
�
i •
Meridian City Council Pre -Council Meeting Agenda — June 26, 2012 Page 1 of 1
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 Pre-Council Meeting June 26, 2012
A pre-council meeting of the Meridian City Council was called to order at 6:00 p.m.,
Tuesday, June 26, 2012, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, Brad Hoaglun, David Zaremba, Charlie
Rountree and Keith Bird.
Item 1: Roll-call Attendance:
Roll call.
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
Item 2: Adoption of the Agenda
Hoaglun: I move we adopt the agenda as published.
Rountree: Second.
De Weerd: We have a motion and a second to adopt the agenda as printed. All those
in favor say aye. Opposed?
MOTION CARRIED: ALL AYES.
Item 3: Executive Session Per Idaho State Code 67-2345 (1)(c)(f): (c) To Conduct
Deliberations Concerning Labor Negotiations or to Acquire an Interest in
Real Property, Which is Not Owned by a Public Agency, and (f) To Consider
and Advise Its Legal Representatives in Pending Litigation
Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(c) and
(~•
Rountree: Second.
De Weerd: We have a motion and a second to go into Executive Session. Madam
Clerk, will you, please, call roll.
Roll-Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
MOTION CARRIED: ALL AYES.
EXECUTIVE SESSION: (6:02 to 7:03 p.m.)
Rountree: I move we come out of Executive Session.
Bird: Second.
Meridian City Council PreCouncll Meeting
June 26, 2012
Page 2 of 2
De Weerd: All those in favor coming out of Executive Session say aye.
MOTION CARRIED: ALL AYES.
Rountree: Motion to adjourn.
Bird: Second.
De Weerd: All those in favor say aye. Thank you. We are adjourned.
MEETING ADJOURNED AT 7:03 P.M.
(AUDIO RECORDING ON FILE OF THE ~E PROCEEDINGS)
~ ~
MAYOR TAMM E WEERD `J DATE APPROVED
ATTEST:
t
JAYCEE ~ LMAN, CITY CLERK
1. Roll -Call Attendance
David Zaremba X Brad Hoaglun
Charlie Rountree X Keith Bird
® X Mayor Tammy de Weerd
2. Pledge of Allegiance by Troop #280, Shafer View Ward
3. Community Invocation by Michael Pearson with the Seventh-Day Adventist
Church
5. Consent Agenda Approved
A. Temporary License Agreement Between the Ada County Highway
District and the City of Meridian for Landscaping Along the Frontage
at the Julius M. Kleiner Memorial Park
B. Approval of Task Order 10142a for Professional Hydrogeologics
Services for "Source Water Protection, Area of Drilling Concern and
Drilling Ordinance" to Hydro Logic, Inc. for a Not -To -Exceed Amount
of $62,000.00
C. Approval of Street Light Maintenance Agreement with Traditions by
Amyx II for Zebulon Heights #5 Subdivision
D. Agreement with Randal Nelson, Help Idaho LLC, for Use of Kleiner
Park for Northwest RibFest Special Event on June 29 -July 1, 2012
E. Professional Services Agreement with Mark Johnstone for Public Art
Consulting Services for a Not -to -Exceed Amount of $8,000.00
F. Professional Services Agreement with Pioneer School of the Arts
Establishing Terms and Conditions of Artist in Residence Program
for a Not -to -Exceed Amount of $1,500.00
Meridian City Council Meeting Agenda — Tuesday, June 26, 2012 Page 1 of 2
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.
C. Professional Services Agreement with Martin & Park, Inc for Real
Property Appraisal Services
H. Approval of Revised Agreement with Ada County Highway District
(ACRD) for Construction of the Meridian Split Corridor Phase 2
Project
Findings of Fact and Conclusions of Law for Approval: (AP 12-002)
Denying Request for Reversal of Director's Denial of Request for
Certificate of Zoning Compliance Verification (CZCV 12-006) by Joe
and Leslie Palmer for a Residence Located in a Retail Store at 1524
N. Meridian Road
6. Community Items/Presentations
A. Police Department: Swearing In of New Police Officer
7. Items Moved From Consent Agenda None
8. Action Items
A. Second Reading and Public Comment on Ordinance No. 12-1517:
Nuisance, Solid Waste, and Noise Code Updates Approved
B. Second Reading and Public Comment on Ordinance No. 12-1518:
Animal Control Code Updates Approved
9. Department Reports
A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Budget
Amendment for a Not -to -Exceed Amount of $3,750.00 for the Youth
Dinner and Youth Summit Approved
B. Public Works: Budget Amendment for FY2012 in the Not -to -Exceed
Amount of $111,400.00 for the Design of a Water Treatment Facility at
Well 21 Approved
C. Public Works: Budget Amendment for FY2012 in the Not -to -Exceed
Amount of $240,000.00 for Water Main Replacements Approved
D. Award of Bid and Approval of Agreement for "Well 16b Test Well
Construction" to Treasure Valley Drilling and Pump, Inc." for the Not -
To -Exceed Amount of $56,690.00 Approved
10. Future Meeting Topics
Adjourned at 7:29 p.m.
Meridian City Council Meeting Agenda — Tuesday, June 26, 2012 Page 2 of 2
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
E IDIAN~--
CITY COUNCIL REGULAR
MEETING AGENDA
Tuesday, June 26, 2012 at 7:00 PM
1. Roll-Call Attendance
X David Zaremba X Brad Hoaglun
X Charlie Rountree X Keith Bird
X Mayor Tammy de Weerd
2. Pledge of Allegiance by Troop #280, Shafer View Ward
3. Community Invocation by Michael Pearson with the Seventh-Day Adventist
Church
4. Adoption of the Agenda Adopted
5. Consent Agenda Approved
A. Temporary License Agreement Between the Ada County Highway
District and the City of Meridian for Landscaping Along the Frontage
at the Julius M. Kleiner Memorial Park
B. Approval of Task Order 10142a for Professional Hydrogeologics
Services for "Source Water Protection, Area of Drilling Concern and
Drilling Ordinance" to Hydro Logic, Inc. for aNot-To-Exceed Amount
of $62,000.00
C. Approval of Street Light Maintenance Agreement with Traditions by
Amyx II for Zebulon Heights #5 Subdivision
D. Agreement with Randal Nelson, Help Idaho LLC, for Use of Kleiner
Park for Northwest RibFest Special Event on June 29-July 1, 2012
E. Professional Services Agreement with Mark Johnstone for Public Art
Consulting Services for aNot-to-Exceed Amount of $8,000.00
F. Professional Services Agreement with Pioneer School of the Arts
Establishing Terms and Conditions of Artist in Residence Program
for aNot-to-Exceed Amount of $1,500.00
Meridian City Council Meeting Agenda -Tuesday, June 26, 2012 Page 1 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
G. Professional Services Agreement with Martin & Park, Inc for Real
Property Appraisal Services
6.
7.
8.
9.
10
H. Approval of Revised Agreement with Ada County Highway District
(ACRD) for Construction of the Meridian Split Corridor Phase 2
Project
I. Findings of Fact and Conclusions of Law for Approval: (AP 12-002)
Denying Request for Reversal of Director's Denial of Request for
Certificate of Zoning Compliance Verification (CZCV 12-006) by Joe
and Leslie Palmer for a Residence Located in a Retail Store at 1524
N. Meridian Road
Community Items/Presentations
A. Police Department: Swearing In of New Police Officer
Items Moved From Consent Agenda None
Action Items
A. Second Reading and Public Comment on Ordinance No. 12-1517:
Nuisance, Solid Waste, and Noise Code Updates Approved (Pg 4-5)
B. Second Reading and Public Comment on Ordinance No. 12-1518:
Animal Control Code Updates Approved (Pg 6)
Department Reports
A. Mayor's Office: Mayor's Youth Advisory Council (MYAC) Budget
Amendment for aNot-to-Exceed Amount of $3,750.00 for the Youth
Dinner and Youth Summit Approved (Pg 6-7)
B. Public Works: Budget Amendment for FY2012 in the Not-to-Exceed
Amount of $111,400.00 for the Design of a Water Treatment Facility at
Well 21 Approved (Pg 7-9)
C. Public Works: Budget Amendment for FY2012 in the Not-to-Exceed
Amount of $240,000.00 for Water Main Replacements Approved
(Pg 7-9)
D. Award of Bid and Approval of Agreement for "Well 16b Test Well
Construction" to Treasure Valley Drilling and Pump, Inc." for the Not-
To-Exceed Amount of $56,690.00 Approved (Pg 9-11)
Future Meeting Topics
Meridian City Council Meeting Agenda -Tuesday, June 26, 2012 Page 2 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Adjourned at 7:29 p.m.
Meridian City Council Meeting Agenda -Tuesday, June 26, 2012 Page 3 of 3
All materials presented at public meetings shall become property of the City of Meridian.
Anyone desiring accommodation for disabilities related to documents and/or hearing,
please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting.
Meridian Citv Council June 26, 2012
A meeting of the Meridian City Council was called to order at 7:04 p.m., Tuesday, June
26, 2012, by Mayor Tammy de Weerd.
Members Present: Mayor Tammy de Weerd, David Zaremba, Keith Bird, Brad Hoaglun
and Charlie Rountree.
Others Present: Bill Nary, Jaycee Holman, Clint Dolsby, Keith Watts, Jeff Lavey, Tracy
Basterrechea, Mark Niemeyer, 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: Thank you. We apologize for getting started a few minutes late, but thank
you for joining us this evening. For the record it is Tuesday, June 26. It's a few minutes
after 7:00. We will start with roll call attendance, Madam Clerk.
Item 2: Pledge of Allegiance by Troop #280, Shafer View Ward
De Weerd: Item No. 2 is our Pledge of Allegiance. Tonight we are going to be led by
Troop No. 280 and they are the Shafer View Ward. I will let them go ahead and instruct
us on what we need to do. Come on forward, boys. You need to smile, too.
(Pledge of Allegiance recited.)
De Weerd: If I can ask you to come forward, I do have a City of Meridian pin for each of
you. Thank you for leading us in the pledge. Thanks for being here, even on summer
vacation.
Item 3: Community Invocation by Michael Pearson with the Seventh-Day
Adventist Church
De Weerd: Item No. 3 is our community invocation. Is Michael Pearson here? I don't
see him. Well, we will skip Item No. 3.
em option o t e Agenda
De Weerd: And move to Item No. 4, adoption of the agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Meridian Cily Council
June 26, 2012
Page 2 of 13
Hoaglun: Our agenda, surprisingly, has no changes, so I move adoption of the agenda
as printed.
Rountree: Second.
De Weerd: You didn't have to put it that way. I have a motion and a second to adopt
the agenda as printed. All those in favor say aye. All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 5: Consent Agenda
A. Temporary License Agreement Between the Ada County
Highway District and the City of Meridian for Landscaping
Along the Frontage at the Julius M. Kleiner Memorial Park
B. Approval of Task Order 10142a for Professional
Hydrogeologics Services for "Source Water Protection, Area of
Drilling Concern and Drilling Ordinance" to Hydro Logic, Inc.
for aNot-To-Exceed Amount of $62,000.00
C. Approval of Street Light Maintenance Agreement with
Traditions by Amyx II for Zebulon Heights #5 Subdivision
D. Agreement with Randal Nelson, Help Idaho LLC, for Use of
Kleiner Park for Northwest RibFest Special Event on June 29-
July 1, 2012
E. Professional Services Agreement with Mark Johnstone for
Public Art Consulting Services for aNot-to-Exceed Amount of
$8,000.00
F. Professional Services Agreement with Pioneer School of the
Arts Establishing Terms and Conditions of Artist in Residence
Program for aNot-to-Exceed Amount of $1,500.00
G. Professional Services Agreement with Martin & Park, Inc for
Real Property Appraisal Services
H. Approval of Revised Agreement with Ada County Highway
District (ACRD) for Construction of the Meridian Split Corridor
Phase 2 Project
Findings of Fact and Conclusions of Law for Approval: (AP 12-
002) Denying Request for Reversal of Director's Denial of
Meridian City Council
June 26, 2012
Page 3 of 13
~' Request for Certificate of Zoning Compliance Verification
(CZCV 12-006) by Joe and Leslie Palmer for a Residence
Located in a Retail Store at 1524 N. Meridian Road
De Weerd: Item 5, our Consent Agenda.
Hoaglun: Madam Mayor?
De Weerd: Mr. Hoaglun.
Hoaglun: I move approval of the Consent Agenda and the Mayor to sign and Clerk to
attest.
Rountree: Second.
De Weerd: I have a motion and a second to approve the Consent Agenda. Madam
Clerk, will you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 6: Community Items/Presentations
A. Police Department: Swearing In of New Police Officer
De Weerd: Item 6 is our community presentation. I will turn this over to Chief Lavey.
Lavey: Madam Mayor, Council, it's an honor to be in front of you today. The purpose
today is going to be a swearing in of a new police officer and just giving you a short
introduction of who he is. If you would allow me to do that first. Colin Yates has been
with us for several weeks now. He actually started a few weeks ago, left to go get
married, some time on a honeymoon, and, then, they come back.
De Weerd: Where are your priorities?
Lavey: So, we know who the true boss is there. But Colin was born in Bedford,
E-nglaflc~-and-at the-age-of 15-he-aett~ally jo+ned~he-Brit+sh-army: whey eoald do-that a# --
age 15 back then. In 2003 he decided to become a U.S. citizen and start his law
enforcement career. Now, what's unique is that he's worked for several law
enforcement agencies, but he really settled on Nampa Police Department in 2007 and
that is where he has actually worked for the metro task force and that is a pretty nice job
assignment to have in law enforcement and he left it to come work for us and I asked
him why and he said that he was going to get married, his wife Maggie is a school
Meridian Cily Council
June 26, 2012
Page 4 of 13
~' teacher for the Meridian School District and Mia, their daughter, live in --they all wanted
to live in Meridian and he wants to work in the community for which he lives. So, that
made me kind of proud and that is why he is here with us and so I would like Colin to
come forward to my left, so I can swear him in, and, then, we will have his family come
forward and pin the badge on him. So, Colin, if you would raise your right hand and
repeat after me. I, state your name, do solemnly swear or affirm, that I will support the
Constitution of the United States and the Constitution of the State of Idaho ,the laws
and ordinances of the City of Meridian, that I will abide by the law enforcement code of
ethics and the policies and procedures of the Meridian Police Department. That I will
obey all lawful orders and directives from those appointed over me and I will, to the best
of ability, faithfully discharge the duties of a police officer in and for the City of Meridian,
so help me God.
(Repeated by Officer Yates.)
Lavey: Congratulations, Colin.
De Weerd: And, like I told the Boy Scouts, you can smile, Officer Yates.
Lavey: That's his normal look. Thank you.
De Weerd: Officer Yates, certainly we would like to welcome you and your family to
your new family here in the City of Meridian. We appreciate your dedication to law
enforcement and we certainly look forward to a long term with the City of Meridian.
Yates: Thank you, Madam Mayor.
De Weerd: Thank you.
Rountree: Thank you.
Hoaglun: And, Madam Mayor, I appreciate someone that takes our city slogan, a great
place to live, work, and play, seriously.
De Weerd: Absolutely. Well, thank you for joining us, you and your family. And you
don't have to sit through the rest of our meeting. Thank you.
Item 7: Items Moved From Consent Agenda
-De-Weerd~kay. There-were no items~noved-from-the-Consent Agenda -
Item 8: Action Items
A. Second Reading and Public Comment on Ordinance No. 12-
1517: Nuisance, Solid Waste, and Noise Code Updates
Meridian City Council
June 26, 2012
Page 5 of 13
De Weerd: So, we will move into Item No. 8-A, which is a second reading and public
comment on Ordinance No. 12-1517, and I will ask Madam Clerk if she would like to
read this ordinance by title only.
Holman: City of Meridian Ordinance No. 12-1517, an ordinance adding definitions of
graffiti and nuisance material to Meridian City Code, adding provisions to prohibit as
nuisances graffiti and nuisance materials, establishing abatement processes and
penalties for failure to abate nuisance weeds, graffiti and nuisance materials.
Establishing penalties for general nuisances and clarifying ownership of solid waste or
recyclables, clarifying public disturbance noise time period, providing a savings clause
and providing an effective date.
De Weerd: Okay. Council, you have heard the second reading. Is there any
discussion on this ordinance?
Bird: I have none.
Rountree: Madam Mayor, just a question for Bill. Can this be also a third reading and --
Nary: Madam Mayor, Members of the Council, Council Member Rountree, yeah, I think
this is the opportunity for public comments, if there was any. And the Council is free to
also move to accelerate it, the third reading, and approval, if you wish.
De Weerd: Okay. We will ask if there is anyone in the public who would like to -- or in
our audience who would like to make comment on this ordinance. Okay. Council, what
would you like to do?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I'd move that we approve Ordinance No. 12-1517, with suspension of rules after
the second reading.
Rountree: Second.
De Weerd: I have a motion and a second. Any discussion? Madam Clerk, will you call
roll.
RoA-GaAa~+rd-yea; Rou- ntre~yea; ~aremba-, yea~=loag- lurk yea- -
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Meridian City Council
June 26, 2012
Page 6 of 73
~' B. Second Reading and Public Comment on Ordinance No.
12-1518: Animal Control Code Updates
De Weerd: Item 8-B is also a second reading on Ordinance No. 12-1518. Madam
Clerk, will you, please, read this ordinance by title only.
Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 12-1518, an
ordinance of the City of Meridian repealing and replacing Chapter 2, Title 6, of the
Meridian City Code relating to animal control, including definitions, animal control
officer, city dog pound, City of Meridian dog license, impoundment, reclamation and
relinquishment of dogs, declaration of abandonment, declaration of vicious dog,
livestock harbored on private property, prohibited acts, providing a savings clause,
providing for a waiver of the reading rules, and providing an effective date.
De Weerd: Thank you. Council, any questions on this particular ordinance? Is there
anyone in the audience who would like to hear this ordinance read in its entirety? Okay.
Council?
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: I would make a motion that we pass Ordinance No. 12-1518, with suspension of
rules, which means a third reading.
Rountree: 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, yea.
De Weerd: All ayes.
MOTION CARRIED: ALL AYES.
Item 9: Department Reports
A. Mayor's Office: Mayor's Youth Advisory Council (MYAC)
- Budget-Amendment for a-Not to-Exceed-Amount-0f-$3,-7-50.00-
for the Youth Dinner and Youth Summit
De Weerd: Item 9-A is under the Mayor's Office and as you will notice, this is Robert
that's getting up to present this amendment and not Luke. Luke is now an employee at
~ Primary Health, so I imagine you all had an opportunity to wish him well in his new job
and we will be moving forward and interviewing for his position. Thank you, Robert.
Meridian City Council
June 26, 2012
Page 7 of 13
Simison: Thank you, Madam Mayor, Members of the Council. The amendment you
have before you is really a housekeeping amendment today. MYAC did their annual
fundraiser this year, raised about 4,000. In addition, we had money come in from the
America's Promise this year for being one of the one hundred best communities, and
this allows all those funds to be put into the MYAC account and the expenses from the
relative events paid out through the MYAC account and it has a null impact on the fund
balances. This is all raised by MYAC. I would be happy to answer any questions you
might have.
De Weerd: Council, any questions?
Bird: I have none.
De Weerd: Okay.
Rountree: Madam Mayor?
De Weerd: Mr. Rountree.
Rountree: I would move that we approve the MYAC budget amendment in the amount
of 3,700 dollars -- 3,750.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 9-A. Madam Clerk, will you
call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
De Weerd: Thank you, Robert.
Simison: Thank you.
B. Public Works: Budget Amendment for FY2012 in the Not-to-
- - - -- E-xeeed Amount of-$111;400:00#or-the-Design of a Water-
Treatment Facility at Well 21 Approved
C. Public Works: Budget Amendment for FY2012 in the Not-to-
Exceed Amount of $240,000.00 for Water Main Replacements
Meridian City Council
June 26,2012
Page 8 of 13
~ De Weerd: 9-B is under our Public Works Department. I imagine I'm turning it over to
you, Clint.
Dolsby: That's right. Madam Mayor, Members of the Council, I have two separate no
debt increase budget amendments to bring before you tonight. The first one is to
reallocate funds from our consulting budget for the design of a water treatment facility at
Well 21 for iron and manganese treatment. This will be funding for partial design of this
project and we will be coming before you here in a couple weeks for -- in our budget
hearing for the remainder of the funding for design and construction of that project. The
second budget amendment is to reallocate funds from consulting and also from water
main extensions due to the fact that the Franklin Road, Ten Mile to Linder, project was
postponed from fiscal year '12 to '13 by ACHD. We are going to reallocate those funds,
as well as some consulting funds to enable us to complete the King Street and Williams
Street water line project that we need to get completed ahead of the split corridor
project. So, with that I would stand for any questions on either of these amendments.
De Weerd; Thank you. And I believe that under 9-B this is kind of a first step in our
water conservation plan for the manganese -- that's easy for me to say. And eliminate
some of the flushing that we have to do because of the minerals in the water.
Dolsby: Madam Mayor, that's correct. And the first phase of that program we came
before you -- I think it was a month ago at the workshop where we presented the brown
water presentation. This is kind of the first actual implementation of that.
De Weerd: Well, that's exciting. Thank you. Council, any questions?
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move that we approve Public Works' fiscal year 2012 budget amendment in
the not to exceed amount of 111,400 dollars for the design of a water treatment facility
at Well 21.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Zaremba: Madam Mayor?
Meridian City Council
June 26, 2012
Page 9 of 13
De Weerd: Mr. Zaremba.
Zaremba: I move we approve the Public Works fiscal year 2012 budget amendment in
the not to exceed amount of 240,000 dollars for water main replacements.
Hoaglun: Second.
De Weerd: I have a motion and a second to approve Item 9-C and it is good to see that
project moving forward. Madam Clerk, will you, please, call roll.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
D. Award of Bid and Approval of Agreement for "Well 16b Test
Well Construction" to Treasure Valley Drilling and Pump, Inc."
for the Not-To-Exceed Amount of $56,690.00
De Weerd: Item 9-D is award of bid and approval of agreement for Well 16-B test well
construction. I will ask for comments from staff.
Watts: Yeah. Madam Mayor and Members of the Council, bringing this before you
tonight as it is a little different award of bid. This is being awarded to the second low
bidder. The apparent low bidder Hiddleston Drilling and Pump Company, during our
evaluation period of reviewing all the bids, did call and ask to be relieved of their bid.
They sent me a letter that you have in front of you, dated May 21st, that explains the
equipment required for this job. They had not allocated it properly and it is being used
in current work elsewhere and they couldn't get it here in time for this project. They
stated that a project they were working on got drawn over and was taking a little longer
and they weren't going to be able to bring that equipment here to do the job on time. I
also want to point out that Statute 54-1904 does state that the bidder will forteit his bid
bond in this instance. I would like to point out that his bid bond value was approximately
2,835 dollars and the difference in these bids from the low to the second low was only
$193.95.
De Weerd: Wow.
_ _ _ _ _ Watts: I would like Council to take that into consideration and_Bill canprovide some _ _
further assistance for you.
Nary: Madam Mayor, Members of the Council, we discussed this today and, obviously,
normally, we don't have quite such a small difference in the bid amount. It can impact
the bidder to have to forteit their bid bond and can impact them on future bids. It can
i impact them in some other ways. It's certainly within the Council's ability to direct Mr.
Meridian City Council
June 26, 2012
Page 10 of 13
~" Watts to contact the bidder, inform them of the requirements of the statute, which they
should be aware of, but if they wish to negotiate, they could certainly provide the city the
difference, which is, really, what the purpose for the bid bond is and it's just in most
cases it's not sufficient and it doesn't normally cover the gap. This one it certainly could.
I mean if the bidder wanted to -- or the original bidder Hiddleston wants to pay the gap
difference we could allow them release of their bid bond back to them, but that's
certainly within your discretion since you're not obligated to do that, it is a liquidated
damages, essentially, is what it is, for the -- for the city, but it's within your power to
direct that if you wish.
Bird: Madam Mayor?
De Weerd: Mr. Bird.
Bird: Keith, what was the estimated bid -- cost of the project?
Watts: I believe both these bids came in under budget. I believe quite significantly. I
don't have that number in front of me, sir. But I do recall it was quite significant. I
believe it's about 50 percent of the engineer's estimate.
Bird: I for one -- I can't speak for the other three, but I would have no problem if
Hiddleston would like to pay the difference, I would have no problem releasing their bid
bond.
1 Rountree: Madam Mayor, I don't see any reason why we should benefit in this
particular case and I agree with Keith that if they want to pay the difference and release
the bond and -- that's fair for both of us.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I would join in that opinion. I only have one other question and that is to
clarify, in an instance where we allow the actual lowest bidder to withdraw, does that
expose us to any appeals from the third and the fourth lowest bidder or anybody up the
line and this is all legal?
Watts: No, sir, it does not.
_ Zaremba: Okay. _ _ _ _ _ _ _
Nary: Madam Mayor, Members of the Council, Council Member Zaremba, the -- and
the remedy is the bid bond. So, if they were -- if they actually had withdrawn, there is
some other conditions in the statute that if there is a mistake or something else and they
notified us within a certain time period, they, actually, would need to be subject to losing
t. their bid security. But they were outside of that. So, they are subject to losing their bid
Meridian City Council
June 26, 2012
Page 11 of 13
~'" security. In 99 percent of the cases the bid security or the bid bond isn't enough to
cover the gap, so you're only using it as an offset. Here it just happens to be
significantly greater than what the difference was.
Zaremba: Thank you.
De Weerd: Anything further? I would look for your direction.
Zaremba: Do we need a motion?
Bird: Yes.
Watts: I believe we should, yes.
Zaremba: Madam Mayor?
De Weerd: Mr. Zaremba.
Zaremba: I move that we accept the award of the bid to the second lowest bidder for
Well 16-B test well construction, awarding the bid to Treasure Valley Drilling and Pump
for the not to exceed amount of 56,690 dollars and along with that we offer to the
withdrawing apparent lowest bidder Hiddleston that if they pay the difference between
the two bids we will return their bid surety. What's it called?
Watts: Bid bond. Yes.
Zaremba: Bid bond. End of motion.
Rountree: Second.
De Weerd: I have a motion and a second. Any discussion?
Bird: I have none.
De Weerd: Madam Clerk, roll call, please.
Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea.
De Weerd: All ayes. Motion carried.
MOTION CARRIED: ALL AYES.
Item 10: Future Meeting Topics
De Weerd: Item 10 is future meeting topics. Are there any topics for future agendas we
need to consider at this time?
Meridian City Council
June 26, 2012
Page 12 of 13
~~ Bird: I have none.
Rountree: Madam Mayor?
De Weerd: Yes.
Rountree: I would like to have a discussiori with Public Works -- excuse me -- with
respect to one of the items we had on the agenda tonight. On the water treatment
facility and how the wells are being prioritized and in what order are we going to be
looking at cleaning up of the wells and I think we need to have some input into that. We
have users in the city that might benefit significantly. We have all our citizens that are
going to benefit significantly, but I think in all fairness to all of the users we need to take
a look at how that's going to be prioritized. I understand that this particular one is that
we are doing work there anyway and it's time to do it, but as we proceed we need to see
what the schedule is going to be like. That would be I think a workshop item and if -- I
don't know that it's real critical, Clint. August. September. Maybe. I don't know.
De Weerd: Yeah. I think that July is committed, but we can look at either August at the
earliest and I will look to Clint to get back to us on an appropriate date.
Dolsby: Yes.
De Weerd: Okay.
Nary: Madam Mayor?
De Weerd: Mr. Nary.
Nary: Madam Mayor, Members of the Council, I just wanted to make note -- you had
the revised ACHD split corridor agreement on there tonight. We had brought that up
last week with three issues of concern in regards to the access management, the
accelerated amount that the city would pay for the accelerated completion date, and
one other item. The ACRD returned with all the changes by the next day, so they were
very quick in turning it around, because what we asked for was specifics on those, so I
just wanted to make note of that for you and for the record.
Bird: Thank you.
Zaremba: Madam Mayor?
De Weerd: And, Council, I would just also say that Adam and Brian were part of the
meeting earlier today with the business owners that are affected along Meridian Road
and we had some Main Street businesses as well that will be also affected and they
have just been a delight to work with. I think ACHD and the city have really come
together, along with the Chamber, to try and reach out to these businesses and -- and
Meridian Cily Council
June 26, 2012
Page 13 of 13
~ work together to raise the level of awareness to our community to support these
businesses during this -- this road construction project. It's kind of one of those not
anomalies, but rare situations where we are doing a complete road closure that it's nice
to see everyone working together and so just kudos to ACHD and a quick turn around
and their attitudes to being a partner and stepping up in these situations. Mr. Zaremba.
Zaremba: And just noting that at ACHD's commission meeting tomorrow night is when
they will be considering this and wondering if there is any desire for one of us to show
up and say something similar to what you just said.
De Weerd: If you're volunteering I think that would be excellent_
Bird: If you're volunteering --
Zaremba: I could be available. I'm wondering if more than one of us should go. I would
do that and convey our message to them in public, if -- if that's desirable.
De Weerd: That would be -- that would be very appropriate and make sure you extend
our appreciation to Adam and Brian in particular, they have been stellar.
Zaremba: Thank you. I will.
De Weerd: Okay. Anything else for the good of the order? I would entertain a
motion to adjourn.
Rountree: So moved.
Bird: Second.
De Weerd: All those in favor say aye. All ayes.
MOTION CARRIED: ALL AYES.
MEETING ADJOURNED AT 7:29 P.M.
(AUDIO RECORDING ON FILE OF THESE PROCEEDINGS)
ATTEST:
O~O¢pTHD AVCVSTr
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JAYCEE LMAN, CITY CLERK ~r SEAL W
9ra 0r lEe THE AS~~'4~~
DATE: June 26, 2012 ITEM NUMBER: 5A
PROJECTNUMBER:
ITEM TITLE: Temporary License Agreement
Between the Ada County Highway District and the City of Meridian for Landscaping
Along the Frontage at the Julius M. Kleiner Memorial Park
I1i1t! WkELIVk
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
Property Management No. -
Project: MCZC-10-018
Parcel: S11043148071 S1104438625
Address: N Records Ave.
T3N, R1 E, Sec 04
(space reserved for recording)
THIS TEMPORARY LICENSE AGREEMENT (the "Agreement") is made and
entered into this day of , 2012, by and between City of
Meridian, an Idaho Municipal Corporation ("Licensee") and the ADA COUNTY
HIGHWAY DISTRICT, a body politic and corporate of the state of Idaho, ("ACHD").
WITNESSETH:
For good and valuable consideration, the receipt and sufficiency of which is
acknowledged by the parties:
SECTION 1. RECITALS.
1.1 Licensee owns the real property adjacent to the public right-of-way located
in Ada County, Idaho, municipally described as Julius M. Kleiner Memorial Park, N.
Records Rd., and more particularly described on Exhibit "A" attached hereto
("Licensee's Property").
1.2 ACHD owns and has exclusive jurisdiction over the public right-of-way
adjacent to Licensee's Property, located in Ada County, Idaho, municipally described as
N. Records Rd. Elden Gray St., and Venture St., Meridian more particularly described
and/or depicted on Exhibit "B" attached hereto (the "Right -of -Way").
1.3 Licensee desires a license to use the Right -of -Way for the limited
purposes hereinafter set forth, and, for the consideration and on the terms and
conditions hereinafter set forth, ACHD is willing to extend such license to Licensee.
SECTION 2. LICENSE; LICENSE NOT EXCLUSIVE.
2.1 On the terms and conditions hereinafter set forth, ACHD hereby extends
to Licensee a license on, over, across and under the Right -of -Way for the following uses
and purposes ("Authorized Use") and no others:
MASTER LICENSE AGREEMENT - Page 1
(11/13/08)
Licensee is to construct, install and maintain landscaping consisting of trees, shrubs,
grass, perennials and landscape irrigation system per Exhibit C and the ACHD approved
civil drawings within ACHD Right -of -Way and easement areas adjacent to Julius Kleiner
Memorial Park along the east side of N. Records Ave., north side of Elden Gray St., west
side of Venture St. and within ACHD Storm Drain Easement recorded as Instrument #
111056354 on July 14, 2011. Plantings within the roundabout located within the
intersection of N. Records Ave. and Elden Gray St. are NOT part of this License
Agreement. Final grading of landscaped areas shall slope away from Right -of -Way
"hardscape" improvements including the edge of pavement, curbing and sidewalks. In
general, licensee to install landscaping and sprinklers in a manner to eliminate irrigation
flows and/or ponding of irrigation water within the ACHD Right of Way. Any trees or
perennial plants that will extend roots deeper than 18 inches shall be prohibited over
ACHD underground seepage beds, infiltration facilities and piping systems. Trees shall
be offset from edge of seepage beds a minimum of 10 feet to allow for future root
pruning, if necessary, and maintenance access for heavy equipment over beds. Access
to ACHD Storm Drainage Facilities/Areas shall not be planted with trees, shrubs or any
landscaping that would impede heavy equipment vehicle access. Licensee to observe
the 40' sight triangle at intersections and approaches and will not plant any shrubs or
trees within the area or over any utility lines. All trees in the public Right of Way to be
maintained by Licensee for clearance of 14' over all roadways measured at gutter plate
and 8' over all sidewalks. Licensee to contact Digline Inc., prior to start of construction.
Licensee to contact Construction Services at 387-6280 to verify if a construction permit
is required.
2.2 This Agreement does not extend to Licensee the right to use the Right -of -
Way to the exclusion of ACHD for any use within its jurisdiction, authority and discretion
or of others to the extent authorized by law to use public right-of-way. If the Right -of -
Way has been opened as a public Highway (as used in the Agreement the term
"Highway" is as defined in Idaho Code § 40-109(5)) Licensee's Authorized Use is
subject to the rights of the public to use the Right -of -Way for Highway
purposes. Licensee's Authorized Use is also subject to the rights of holders of
easements of record or obvious on inspection of the Right -of -Way and statutory rights
of utilities to use the public right-of-way. This Agreement it is not intended to, and shall
not, preclude or impede the ability of ACHD to enter into other similar agreements in the
future allowing third parties to also use its public rights-of-way, or the ability of ACHD to
redesign, reconstruct, relocate, maintain and improve its public rights-of-way and
Highways as authorized by law and as it determines, in its sole discretion, is
appropriate.
SECTION 3. CONSTRUCTION, OR INSTALLATION OF IMPROVEMENTS. Any
repairs or maintenance, of the Licensee's improvements currently located in the Right -
of -Way or the installation or construction of improvements by Licensee in the Right -of -
Way as permitted by the Authorized Use, (the "Improvements"), shall be accomplished
in accordance with designs, plans and specifications approved in advance and in writing
by ACHD as required to satisfy applicable laws, its policies and good engineering
practices. In approving such plans and specifications, ACHD assumes no responsibility
MASTER LICENSE AGREEMENT - Page 2
(11/13/08)
for any deficiencies or inadequacies in the design or construction of the Improvements,
and the responsibility therefore shall be and remain in Licensee.
SECTION 4. WAIVER AND ESTOPPEL STATEMENT BY LICENSEE. Licensee
acknowledges and agrees that the license granted herein is temporary, and merely a
permissive use of the Right -of -Way pursuant to this Agreement. Licensee further
acknowledges and agrees that it specifically assumes the risk that the license pursuant
to this Agreement may be terminated before Licensee has realized the economic benefit
of the cost of installing, constructing, repairing, or maintaining the Improvements, and
Licensee hereby waives and estops itself from asserting any claim that the license is in
any way irrevocable because Licensee has expended funds on the Improvements and
the Agreement has not been in effect for a period sufficient for Licensee to realize the
economic benefit from such expenditures.
SECTION 5. TERM.
5.1 The term of this Agreement will commence on the day of
, 2012, and will continue until terminated by ACRD, with or without cause,
which termination shall be effective following THIRTY (30) DAYS advance written notice
of termination given to Licensee. Upon expiration of the THIRTY (30) DAYS, ACRD
shall record a Revocation of Master License Agreement in the Official Real Property
Records of Ada County, Idaho.
5.2 If Licensee defaults in the performance of any obligations incumbent upon
it to perform hereunder ACRD may terminate this Agreement and the rights extended to
Licensee hereunder at any time, effective at the end of THIRTY (30) days following the
date ACHD shall provide written notice of termination to Licensee, which notice shall
specify such default(s). Licensee shall have such THIRTY (30) day period to correct
and cure the specified defaults, and if so corrected and cured, to the satisfaction of
ACRD, this Agreement shall not be terminated but shall continue in full force and effect.
SECTION 6. FEE.
There is no annual fee for the Licensee's Authorized Use of the Right -of -Way
under this Agreement.
SECTION 7. MAINTENANCE; FAILURE TO MAINTAIN; RELOCATION OF UTILITIES.
7.1 At its sole cost and expense, Licensee shall maintain the Improvements in
good condition and repair and as required to satisfy applicable laws, the policies of
ACHD and sound engineering practices. Licensee shall have access over, across and
under the Right -of -Way for the purposes of accomplishing such repair and
maintenance.
MASTER LICENSE AGREEMENT - Page 3
(11/13/08)
7.2 If the Highway on and/or adjacent to the Right -of -Way is damaged as a
result of:
(i) the performance by Licensee of the maintenance required by section 7, or
the failure or neglect to perform such maintenance; and/or
(ii) Licensee's design, installation or use of the Improvements, regardless of
cause;
at its sole cost and expense Licensee shall forthwith correct such deficiency and restore
the Highway and the surface of the Right -of -Way to the same condition it was in prior
thereto, and if Licensee shall fail or neglect to commence such correction and
restoration within twenty-four (24) hours of notification thereof, ACHD may proceed to
do so, in which event Licensee agrees to reimburse ACHD for the costs and expenses
thereof, including, without limitation, reasonable compensation for the use of staff and
equipment of ACHD.
7.3 Notwithstanding the provisions of section 7.2, should an emergency exist
related to the Licensee's use of this license which threatens the stability or function of
the Highway on or adjacent to the Right -of -Way or the safety of the public use thereof,
ACHD shall have the right to immediately perform, on behalf of, and at the cost of
Licensee necessary emergency repairs.
7.4 Licensee will be responsible for the relocation of any existing utilities
located on the Right -of -Way as may be required in connection with any construction or
installation of Improvements by Licensee in the Right -of -Way.
SECTION 8. RELOCATION OF IMPROVEMENTS. If during the term of this
Agreement ACHD requires, in its sole discretion, at any time, and from time to time, that
the Highway on and/or adjacent to the Right -of -Way be widened and/or realigned,
redesigned, improved and/or reconstructed, Licensee hereby accepts responsibility for
all costs for relocating, modifying or otherwise adapting the Improvements to such
realignment and/or relocation and/or reconstruction if required by ACHD, which shall be
accomplished by Licensee according to designs, plans and specifications approved in
advance by ACHD in writing; provided ACHD gives Licensee adequate written notice as
necessary to allow Licensee to redesign, relocate, modify or adapt the Improvements to
the realignment and/or relocation and/or reconstruction of the Highway and also
licenses Licensee such additional area of its right-of-way, if any, as may be necessary
for the proper operation of the Improvements.
SECTION 9. PERMIT. If the proposed construction and installation of the
Improvements, or any reconstruction, relocation or maintenance thereof requires
Licensee to obtain a permit under ACHD policies, Licensee shall first obtain such permit
MASTER LICENSE AGREEMENT - Page 4
(11/13/08)
from ACHD (Construction Services Division) before commencing such work, and pay
the required fees and otherwise comply with the conditions set forth therein.
SECTION 10. NO TITLE IN LICENSEE. Except as expressly provided herein, the
terms and conditions of this Agreement shall not create any type of property right, title
or interest in Licensee in or to the Right -of -Way other than the right to temporarily use
the same pursuant to the terms of this Agreement.
SECTION 11. NO COSTS TO ACHD. Any and all costs and expenses associated with
Licensee's Authorized Use of the Right -of -Way, or any construction or installation of
Improvements thereon, or the repair and maintenance thereof, or the relocation of
Improvements or utilities thereon, or the restoration thereof at the termination of this
Agreement, shall be at the sole cost and expense of Licensee.
SECTION 12. TAXES AND ASSESSMENTS. Licensee agrees to pay all special
assessments and personal property taxes that may be levied and assessed on the
Improvements during the term of this Agreement.
SECTION 13. RESTORATION ON TERMINATION. Upon termination of this
Agreement, Licensee will promptly remove all Improvements and restore the Right -of -
Way to at least its present condition. Should Licensee fail or neglect to promptly
remove the Improvements and restore the Right -of -Way, ACHD may do so, and assess
Licensee for the costs thereof. Provided, ACHD and Licensee may agree in writing that
some or all of such Improvements are to remain on the Right -of -Way following
termination, and by entering into such an agreement Licensee thereby disclaims all
right, title and interest in and to the same, and hereby grants such Improvements to
ACHD, at no cost. Further provided, if the Authorized Use of the Right -of -Way under
this Agreement is for landscaping in ACHD right-of-way and the irrigation and
maintenance thereof, and the general purpose government with jurisdiction has adopted
ordinances, rules and regulations governing the landscaping and maintenance of such
right-of-way by owners of the adjacent property, to the extent such owners are obligated
to maintain and irrigate the landscaping Licensee need not remove the same from the
Right -of -Way.
SECTION 14. INDEMNIFICATION. Licensee hereby indemnifies and holds ACHD
harmless from and against any and all claims or actions for loss, injury, death,
damages, mechanics and other liens, arising out of the failure or neglect of Licensee,
Licensee's employees, contractors and agents, to properly and reasonably make
Authorized Use of the Right -of -Way or properly construct, install, plant, repair or
maintain the Improvements thereon, or that otherwise result from the use and
occupation of the Right -of -Way by Licensee, and including any attorney fees and costs
that may be incurred by ACHD in defense of such claims or actions indemnified against
by Licensee hereunder. For claims or actions arising out of failures or neglect occurring
MASTER LICENSE AGREEMENT - Page 5
(11/13/08)
during the term of this Agreement, Licensee's obligations pursuant to this section shall
survive the termination of this Agreement.
SECTION 15. COMPLIANCE WITH LAW; WASTE AND NUISANCES PROHIBITED.
In connection with Licensee's use of the Right -of -Way, throughout the term of this
Agreement Licensee covenants and agrees to: (i) comply and observe in all respects
any and all, federal, state and local statutes, ordinances, policies, rules and regulations,
including, without limitation, those relating to traffic and pedestrian safety, the Clean
Water Act and/or to the presence, use, generation, release, discharge, storage or
disposal in, on or under the Right-of-way of any Hazardous Materials (defined as any
substance or material defined or designated as hazardous or toxic waste, material or
substance, or other similar term, by any federal, state or local environmental statute,
regulation or occurrence presently in effect or that may be promulgated in the future); (ii)
obtain any and all permits and approvals required by ACHD or any other unit of
government; and (iii) commit no waste or allow any nuisance on the Right -of -Way.
Licensee covenants and agrees to indemnify and hold ACHD harmless from and
against any and all claims, demands, damages, liens, liabilities and expenses (including
without limitation, reasonable attorneys' fees), arising directly or indirectly from or in any
way connected with the breach of the foregoing covenant. These covenants shall
survive the termination of this Agreement.
SECTION 16. ASSIGNMENT. Licensee, upon the prior written consent of ACHD, may
sell, assign or otherwise transfer this Agreement. Upon execution of the Assignment,
the assignee assumes all obligations, warranties, covenants and agreements of
Licensee herein contained.
SECTION 17. ATTORNEYS' FEES. In any suit, action or appeal therefrom to enforce
or interpret this Agreement, the prevailing party shall be entitled to recover its costs
incurred therein, including reasonable attorneys' fees.
SECTION 18. NOTICE. Any notice under this Agreement shall be in writing and be
delivered in person, or by United States Mails, postage prepaid, or by public or private
24-hour overnight courier service (so long as such service provides written confirmation
of delivery), or by facsimile verified by electronic confirmation. All notices shall be
addressed to the party at the address set forth below or at such other addresses as the
parties may from time to time direct in writing by notice given the other. Any notice shall
be deemed to have been given on (a) actual delivery or refusal, (b) three (3) days
following the day of deposit in the United States Mails, (c) the day of delivery to the
overnight courier, or (d) the day facsimile delivery is electronically confirmed.
MASTER LICENSE AGREEMENT - Page 6
(11/13/08)
If to ACRD: Ada County Highway District
3775 Adams Street
Garden City, Idaho 83714
Attn: Development Review Services
If to Licensee: City of Meridian
33 Broadway Ave.
Meridian, ID 83642
Attn.: City Clerk
SECTION 19. SUCCESSORS AND ASSIGNS. This Agreement, the license herein
extended, and the covenants and agreements herein contained shall inure to the benefit
of and be binding upon the parties hereto and their successors and, if consented to by
ACHD under section 16, Licensee's assigns.
SECTION 20. EXHIBITS. All exhibits attached hereto and the recitals contained herein
are incorporated herein as if set forth in full herein.
SECTION 21. RECORDATION. This Agreement shall be recorded by ACHD upon
execution in the Official Real Property Records of Ada County, Idaho.
SECTION 22. Warranty of Authority to Execute.
22.1 The person executing this Agreement on behalf of ACHD represents and
warrants due authorization to do so on behalf of ACRD, and that upon execution of this
Agreement on behalf of ACRD, the same is binding upon, and shall inure to the benefit
of, ACRD.
22.2 If Licensee is not a natural person, the person executing the Agreement
on behalf of Licensee represents and warrants due authorization to do so on behalf of
Licensee, and that upon execution of this Agreement on behalf of Licensee, the same is
binding upon, and shall inure to the benefit, of Licensee.
MASTER LICENSE AGREEMENT - Page
(11/13/08)
IN WITNESS WHEREOF, the undersigned have caused this Agreement to be executed the
day, month and year first set forth above.
Attest
L. Holman
STATE OF IDAHO )
ss.
County of Ada )
City of Meridian
On his day of ",-) Un 2012, before me,
'30n -lls , a Notary Public in and for the State of Idaho,
personally appeared, Mayor Tammy de Weerd known or identified to me to be the
Mayor of the City of Meridian, and Jaycee L. Holman known or identified to me to be
the City Clerk of the City of Meridian, and the persons who executed this instrument
on behalf of the City of Meridian, 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.
MASTER LICENSE AGREEMENT - Page 8
(11/13/08)
l
4t ry Publi for Idaho
Residing at: &,icu ill Ay 1
My commission expires: '-')c71 GI
Ir-INT-1119T611] ■ 1A-IMT0611
STATE OF IDAHO )
ss.
County of Ada )
On this day of 20121 before me,
, a Notary Public in and for the State of Idaho,
personally appeared, Timothy P. Nicholson known or identified to me to be the
Development Review Supervisor for the Ada County Highway District, the person who
executed this instrument on behalf of said District, and acknowledged to me that the
Ada County Highway District executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
Notary Public for Idaho
Residing at:
My commission expires:
Exhibit A — Depiction of Licensee's Property
Exhibit B — Depiction of ACHD's Right -of -Way
Exhibit C — Authorized Use of Right -of -Way
MASTER LICENSE AGREEMENT - Page 9
(11/13/08)
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DATE: June •
, 2012 ITEM NUMBER: 5B
ITEM TITLE: Approval of Task Order 10142a fou
Professional Hydrogeologics Services for "Source Water Protection, Area of Drilling
Concern and Drilling Ordinance" to Hydro Logic, Inc. for a Not -To -Exceed Amount of
$62,000.00
MEETING NOTES
4rwr-�-w
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
TASK ORDER NO. 10142a
Pursuant to the
MASTER AGREEMENT FOR PROFESSIONAL. SERVICES
BETWEEN
This Task Order is made this 21St day of JUNE, 2012 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", and accepted by (HYDRO LOGIC, INC), hereinafter referred
to as "Hydrogeologist° pursuant to the mutual promises, covenant and conditions contained in
the Master Agreement (Category 6a) between the above mentioned parties dated December
6, 2011. The Project Name for this Task Order 10142a is as follows;
Source Water Protection; Area of Drilling Concern, and Drilling Ordinance
The City of Meridian seeks to promote better drilling practices within its area of impact to
protect its ground water supply. Primarily, it is concerned with improving well seals and
materials of construction for all wells to prevent transport of water and contaminants (natural
and human -introduced) between different layers of the aquifer.
Primacy for regulating water wells rests with the Idaho Department of Water Resources
(IDWR) in Idaho and that agency is best equipped to implement and administer new special
rules for the City of Meridian. A statutory provision, the "Area of Drilling Concern" (ADC), is
provided for in the administrative rules for well drilling. This designation, which can mandate
enhanced rules for drilling and construction of water wells, has been conferred on an area of
the Boise Valley already so that a precedent exists. The City wishes to pursue such a
designation for its political boundary. The City has previously met with IDWR staff and
leadership and received its commitment to consider, advertise, and process such a request by
the City. IDWR requires a scientific study in support of such a designation; along with other
requirements of advertisement and notification. The City has done significant research on the
ground water system beneath it and has developed the majority of the scientific evidence
needed to support such a request for an ADC. The City anticipates opposition to the request
from various stakeholders. IDWR requires that all affected parties be notified. City staff
believe that such notification will improve the odds of getting the ADC designation.
Notifications for and meetings with drillers, regulators, administrators, poiititians, irrigators,
reactors, and the general public are included in the Task Order below. In addition, special one-
on-one meetings with about fifteen drilling companies are included and considered very
important to gain their support to IDWR in declaring the area.
Task Order 10142a - Source Water Protection Area of Drilling Concern and Drilling Ordinance Page i of 5
Hydro Logic, Inc,
DATA GATHERING,ED PRESENTi
DEVELOPMENTTIOJ
Task 1.1 — Develop Scientific Package Showing Need For ADC
Hydrogeologist will assemble scientific data to support the need for an ADC and develop
presentation materials to communicate the meaning and implications of the data. Sources of
data include as built or as abandoned information on City and other production and monitoring
wells. These presentation materials will be used in Task 2. This package includes;
1. Documentation of known cross -contamination through unsealed wells.
2. Documentation of existing natural and human caused contaminant plumes in the aquifer
system.
3. Comparison of the proposed Meridian Area of Drilling Concern (MADC) to the existing
West Boise Area of Drilling Concern (WBADC).
4. Documentation of the vulnerability of stratigraphic section to contamination.
5. Demonstration of differing potentiometric heads and ground water geochemistry across
the geologic section.
Deliverables:
Presentation materials to be used as stand-alone documents or part of the outreach
presentations in Task 2.
Task 1.2 — Develop Supplemental Drilling Rules And Ordinance
At the PM's direction Hydrogeologist will work directly with the PM to develop a City of
Meridian Supplement to the IDAPA Well Construction Standards Rules, and develop a draft
Source Water Protection Ordinance that the City can adopt which references the Supplement.
City staff have completed a draft version of both the Supplemental Standards and Ordinance
based on previous input from Hydrogeologist. This task will complete this work. It is assumed
that this task will require 2, 2 -hour workshops and several versions of the draft supplement and
draft ordinance be reviewed by the PM and the Hydrogeologist. It is also assumed that the
City will use administrative staff and legal staff to put the draft supplement and draft ordinance
in an appropriate format.
Deliverables:
Supplemental Well Construction Rules. Draft Source Water Protection Ordinance.
Task 2.1 — A iency®utreach
Hydrogeologist and PM will develop a presentation for the Idaho Department of Water
Resources (IDWR) to gain buy -in for the ADC concept. Presentation will be developed and
presented jointly by City staff (Assistant City Engineer and / or City Engineer). Presentation
shall include:
1. Explanation of why an ADC is needed.
Task Order 10142a - Source Water Protection Area of Drilling Concern and Drilling Ordinance Page 2 of 5
Hydra Logic, Inc.
2, Description of proposed additional requirements for drilling wells in the proposed
Meridian ADC (MARC).
3. Proposed rules for IDWR to enforce in the MADC.
4. Proposed drilling prospectus for IDWR to require for new wells.
Hydrogeologist and PM will provide a similar presentation to the Idaho Department of
Environmental Quality. At the PM's direction, Hydrogeologist will meet with IDWR director /
staff or other key stakeholders. This task specifically includes an initial meeting with Dave
Tuthill, andan initial meeting with Gary Spackman.
Deliverables;
Presentation including proposed supplemental rules and proposed well drilling prospectus.
Meetings notes from IDWR and IDEQ presentations.
Task 2.2 — Public And Industry Outreach
In coordination with the PM, the Hydrogeologist with develop and execute a public outreach
plan. Outreach will included development and distribution of letters, one-on-one meetings with
some entities, and workshops or public meetings with other entities. At a minimum, the plan
will include/ address:
1. Outreach to elected officials at City, County, and State level.
2. Outreach to Idaho Water Resource Board.
3. Outreach to irrigation entities.
4. Outreach to the development community.
5. Outreach to United Water Idaho, and the Cities of Nampa, Caldwell, Kuna, and Boise.
6. Outreach to the drilling contractor community including development and distribution of
a notification letter explaining the City's intent, and up to 15 ane -on -one meetings with
drilling contractors.
7. Two public meetings for all stakeholders to gather information and provide comment.
Specific subtasks assumed include developing and sending out a mass mailing to drillers,
meeting with the drilling association president and board, and meeting separately with up to 15
drilling contractors to explain the ADC effort and seek support.
This task also specifically includes a meeting with the Water Resource Board, and at least two
meetings with irrigation entities and time for the Hydrogeologist to assist the City with
responses to their concerns.
Deliverables:
Outreach plan for all stakeholders. Meeting notes and consolidated comments. Full
transcripts of meetings are not anticipated. If they are desired, the City will supply clerical
support to enable full transcripts.
Task Order 10142a - Source Water Protection Area of Drilling Concern and Drilling Ordinance Page 3 of 5
Hydro Logic, Inc.
Hydrogeologist will develop and submit an application to IDWR for the establishment of the
MARC. Hydrogeologist will develop a draft application in light of comments received from
stakeholders during outreach and with direction from PM.
Deliverables:
Application draft for PM / City staff review and comment. Application submitted to IDWR.
Task 3.2 — Professional Support
Hydrogeologist will provide professional services to respond to comments or questions from
IDWR during review of the application for the MADC. This may be informal email
correspondence, formal correspondence, face to face meetings, or a combination of all
between the Hydrogeologist and City or IDWR or both.
Deliverables:
Response comments and meeting notes.
PM will be involved in much of the development of deliverables. Hydrogeologist will
communicate with stakeholders at PM's direction, Hydrogeologist will provide comment on
what needs to be in the City Supplement to the IDAPA Well Drilling Rules and City admin staff
will put rules in appropriate format. City legal staff will perform this function for the City
ordinance as well.
Hydrogeologic services will be completed on an as -needed basis and time of completion will
be set as services are requested.
Task Order 10142a - Source Water Protection Area of Drilling Concerti and Drilling Ordinance Page 4 of 5
Hydro Logic, Inc,
TIME OF COMPLETION AND COMPENSATION SCHEDULE
Task Order includes furnishing all labor, materials, equipment, and incidentals as required for the
Source Water Protection Area of Drilling Concern and Drilling Ordinance,
Task No.
Task Description Due Date
Price
TASK 1.1
DEVELOP SCIENTIFIC PACKAGE SHOWING NEED FOR ADC 8/30/2013
$10,000
TASK 1.2
TASK 2.1
DEVELOP SUPPLEMENTAL DRILLING RULES AND 9'30/2013
ORDINANCE _ U4
AGENCY OUTREACH 16/30/2012
$5,000
-
$4,000
TASK 2,2
TASK 3.1
PUBLIC AND INDUSTRY OUTREACH fV30/2012
DEVELOP ADC APPLICATION AND SUBMIT TO IDWR 1 /30/2012
$35,000
$3,000
TASK 3.1
PROFESSIONAL SUPPORT DURING APPLICATION REVIEW =/30/2013
$5,000
TASK ORDER TOTAL
$62,000
Task Order 10142a - Source Water Protection Area of Drilling Concerti and Drilling Ordinance Page 4 of 5
Hydro Logic, Inc,
The Not -To -Exceed amount to complete all services listed above for this Task Order No.
10142a is sixty-two thousand dollars ($62,000). No compensation will be paid over the Not -to -
Exceed amount without prior written approval by the City in the form of a Change Order. The
hourly rates for services and direct expenses are per the Master Agreement (by this reference
made a part hereof) and will be the basis for any additions and/or deletions in services
rendered. Travel and meals are excluded from this Task Order unless explicitly listed in the
Scope of Services AND Payment Schedule,
F#91 11 MM
M-10 0_
de WEE
TAMMY ?7YOR
Dated:
Y: ED SQUIRE--- --7"_�_
_ JJ_
Dated: 6-2A - A0 I L
Approved as to Content
BY:� Y//,c
KE ITH)YOrS,151-1 kC44A8 ING MANAGER
2
Dated:
City Project Manager
Departm # Approval
BY:
T
WA REN STEWARf, ffNGlirEE-Rl Fq6MANAGER
Dated: (0/z I I -e—,
Task Order I W 42 - Source Water Protection Area of Drilling Concern and Drilling Ordinance Page 5 of 5
Hydro Logic, Inc.
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•
>tlune 26, 2012 ITEM NUMBER: 5C
PROJECT NUMBER:
ITEM TITLE: Approval of Street Light Maintenance Agreement
with Traditions by Amyx II for Zebulon Heights #5 Subdivision
IITIWWIhUll,LOW
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4WX(-`-a
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Tim Curns, Transportation and Utility Coordinator
DATE: June 20, 2012
Mayor Tammy de Weerd
City Council Memberso
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: APPROVAL OF STREET LIGHT MAINTENANCE AGREEMENT WITH
TRADITIONS BY AMYX II FOR ZEBULON HEIGHTS #5 SUBDIVISION
A. Move to:
1. Approve the street light agreement with Traditions by Amyx II for the
Zebulon Heights #5 Subdivision; and
2. Authorize the Mayor to sign the agreement
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
A. Background
The Zebulon Heights development is located off of McMillan Road, between
Locust Grove and Eagle Roads. The fourth phase of the development will install
the required street lighting using non-standard, decorative street lights. Since
Idaho Power will not provide basic maintenance of decorative lights, the City
requires a standard maintenance agreement with the homeowners association.
This agreement provides for maintenance of the street lights by the Homeowners
Association with electrical costs to be paid by the City.
1 of 2
IV. IMPACT
A. Strategic Impact:
This agreement with the Homeowners Association protects the City from the
higher costs of maintaining decorative street lights while providing flexibility to
the developer. These benefits further the goal of the Public Works Department to
increase street lighting in Meridian in a fiscally responsible manner.
B. Service/Delivery Impact:
This agreement provides for the installation of 13 new street lights for the
development. Although these street lights are not standard City lights, the pole
spacing has been verified to ensure lighting levels are comparable to City
standard street lights.
C. Fiscal Impact:
The annual electrical cost to the City for the decorative street lights in phase 13
of the Zebulon Heights subdivision will be approximately $600. The FY13
budget for street lighting electricity is $ 272,844 and takes into account the
projected increase in the number of street lights fiom new development.
V. ALTERNATIVES
Council may choose not to approve the agreement and require the developer to
install the City's standard street lights. This would result in the City being
responsible for maintenance costs in the future.
VI. TIME CONSTRAINTS
Council's approval will allow the developer to satisfy the street lighting conditions
of the development agreement and City code. A street light agreement must be in
place before certificates of occupancy will be issued.
VII. LIST OF ATTACHMENTS
A. Street Light Agreement
Approved for Council Agenda:
arren Stewart, Engineering—Manager Date
2 of 2
ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00
BOISE IDAHO 06128/12 10:44 AM
DEPUTY Lisa Bali
RECORDED -REQUEST OF II I I I IIIII IIIII I II II IIIIII
Meridian City 112062777
STREET LIGHT MAINTENANCE AGREEMENT: ZEBULON HEIGHTS #5
This STREETIGHT MAINTENANCE AGREEMENT ("Agreement") is made and
V4
entered into this day of Ck , 2012 ("Effective Date"), by and between the City of
Meridian, a municipal corporation orga zed under the laws of the State of Idaho ("City"), whose
address is 33 E. Broadway Ave., Meridian, Idaho, 83642, and The Traditions by Amyx II, a
limited liability partnership organized under the laws of the State of Idaho ("Developer"), whose
address is 13967 Wainwright Drive, Suite 102, Boise, Idaho, 83713.
WHEREAS, pursuant to Meridian City Code section 11 -3A -21(B), the City generally
maintains only shoebox- and cobrahead-style street lights, and requires that decorative street
lights be maintained by the developer or homeowners association under a maintenance
agreement duly executed with City;
WHEREAS, Zebulon Heights #5 is a residential subdivision within the City of Meridian
with thirteen (13) special -order, decorative street lights installed by Developer to satisfy the City
of Meridian requirements for street lighting; and
NOW, THEREFORE, for the exchange of good and valuable consideration, the receipt
of which is hereby acknowledged, the parties agree as follows:
I. COMMITMENTS
A. City's commitments. From the Effective Date of this Agreement forward, City shall be
responsible for paying Idaho Power Company for the provision of electricity required to
operate the thirteen (13) street lights located in the Zebulon Heights #5 residential
subdivision. It is agreed that City will enter into a Schedule 40 Agreement with Idaho Power
Company, and not a Schedule 41 Agreement (underwhich Idaho Power Company would
provide maintenance). Developer acknowledges that street lighting served under the
Schedule 40 Agreement must be controlled by a photo electric device of the "fail off' type.
A. Developer's commitments. From the Effective Date of this Agreement forward, Developer
shall be responsible for:
1. Replacement, as needed to ensure functionality, of: fuses, wiring, bulbs, ballasts, or
photoelectric cells in the thirteen (13) street lights located in the Zebulon Heights #5
residential subdivision.
2. Replacement and/or repair, as needed due to damage, deterioration, or loss, of the thirteen
(13) street lights located in the Zebulon Heights #5 residential subdivision, and any
component or appurtenance thereof.
II. GENERAL PROVISIONS.
A. Time is of the essence. Developer acknowledges that commitments made under this
Agreement shall be performed in a timely manner. The Parties acknowledge and agree that
STREET LIGHT AGREEMENT: ZEBULON HEIGHTS #5 PAGE 1 OF 2
time is strictly of the essence with respect to this Agreement, 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.
B. Heirs and assigns. It is understood and agreed that Developer will assign its rights and
obligations under this Agreement to the Zebulon Heights home- or property owners
association when said such organization is formed. This Agreement and each and all of the
terms and conditions hereof shall apply to and are binding on Developer, City, the Zebulon
Heights home- or property owners association, and these parties' respective heirs, successors
and assigns.
C. 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.
��T WITNESS WHEREOF, the parties hereto have executed this Agreement on this
�_ day of U 92012.
CITY OF MERIDIAN:
am
Tammy de,JWeerd, Mayor
STATE OF IDAHO )
ss:
County of Ira) 1(-�
I HEREBY C RTIFY that on this day of
ffiam , 2012, before the undersigned, a Notary
Public in thOState of Idaho, personally appeared Todd Amyx,
proven to me to be the person who executed the said
instrument, and acknowledged to me that he executed the
same. IN WITNESS WHEREOF, I have hereunto set my hand
and affixed my official seal, the day and year in this certificate
first above written.
Notlry Public for Idaho
Residing at , Idaho
My Commission Expires: (.0 (0
4p,TED AJjCt, 1�c.T
City of t;
Ez
IDAHO y
SEAL1
f eke Mt►g��
L. Holman, City Clerk
STREET LIGHT AGREEMENT: ZEBULON HEIGHTS #S PAGE 2 OF 2
D _ 26,
ITEM TITLE: Agreement with Randal Nelson, Help Idaho LLC
for Use of Kleiner Park for Northwest RibFest Special Event on June 29 -July 1, 2012
MEETING NOTES
/ f -
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT
This AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT (hereinafter
"Agreement") is made this 26th day of June, 2012 (the "Effective Date"), by and between the City of
Meridian, a municipal corporation organized under the laws of the State of Idaho (hereinafter
"City"), and Randal Nelson, on behalf of Help Idaho, LLC, a limited liability company organized
under the laws of the State of Idaho whose address is 979 E. Winding Creek Drive, Suite 101,
Eagle, Idaho (hereinafter "Organizer").
WHEREAS, the respective governing bodies of City and Organizer are mutually interested
in enhancing the Meridian community's quality of life by providing and supporting special event
opportunities for members of the Meridian and greater communities;
WHEREAS, City and Organizer recognize that publicly -held facilities are resources
requiring heightened stewardship and protection;
WHEREAS, Organizer has agreed to be responsible for any costs incurred by City in the
course of the large-scale special event hosted by Organizer at Julius M. Kleiner Memorial Park
("Park"), located at 1900 N. Records Avenue, in Meridian, Idaho, from June 29 through July 1; and
WHEREAS, the Meridian City Council finds that it is fiscally responsible and in the best
interest of the community to enter into a contractual agreement establishing the terms and
conditions of Organizer's use of Park;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, and in consideration of the recitals above, which are incorporated
herein, City and Organizer agree as follows:
I. PERMISSION GRANTED.
Subject to the terms and conditions set forth herein, City hereby grants to Organizer permission to
utilize Park at the time, place, and manner set forth in this Agreement and in City of Meridian
Temporary Use Permit no. TUP-12-0046 for a large-scale special event known as Northwest
RibFest ("Event").
11. OBLIGATIONS OF ORGANIZER.
A. Reasonable use. Organizer shall employ best efforts to ensure that its use of Park and Park-
facilities,
arkfacilities, amenities, infrastructure, and/or vegetation is appropriate and reasonable. Where
Organizer's use of Park and Park facilities, infrastructure, and/or vegetation causes
disproportionately excessive damage to same, Organizer shall reimburse City for the cost or
proportionate cost of necessary repairs and/or replacement. Organizer shall exercise best efforts
to see that any and all use of Park, to the extent reserved by Organizer, is in compliance with all
laws and with City's policies regarding use of City parks and/or facilities, including, but not
limited to, policies be adopted or enacted by the Director of the Meridian Parks and Recreation
Department.
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE I OF 7
B. Permitting. In addition to compliance with all terms and provisions of this Agreement,
Organizer shall separately obtain and comply with each and all of the following permits, as
required by law:
1. City of Meridian Temporary Use Permit for Special Event;
2. Any and all applicable licenses, permits, inspections, and/or certifications from the Central
District Health Department;
3. Any and all licenses, permits, inspections, and/or certifications required by the City of
Meridian Community Development Department, Building Services Division;
4. Any and all licenses, permits, inspections, and/or certifications required by the City of
Meridian Fire Department;
5. Any and all licenses, permits, inspections, and/or certifications required by the Meridian
Parks and Recreation Department; and
6. City of Meridian liquor catering permit.
C. Fees, costs. By 5:00 p.m. on June 28, 2012, Organizer shall remit to City the following fees and
costs:
1. All applicable application, permit, and reservation fees, as adopted by fee schedule.
2. $760.00, to reimburse City for the cost of providing two (2) Meridian Parks and Recreation
personnel to staff Park during the Event and provide facility maintenance and janitorial
services. (10.5 hours on June 30 + 8.5 hours on July 1 = 19 hours x $20/hour = $380.00 x 2
staff members = $760.00.) If additional staffing or extended hours are required, Organizer
shall reimburse City for all costs of repair or replacement within fourteen (14) days of City's
invoice for such costs.
D. Time. The permission extended under this Agreement shall apply from 9:00 a.m. to 9:00 p.m.
on June 29, 2012 (except that the bandshell shall be available for this purpose from noon to 9:00
p.m. only); from 11:00 a.m. through 9:00 p.m. on June 30, 2012; and from 11:00 a.m. to 7:00
p.m. on July 1, 2012. Pursuant to City Code, Park shall be closed between dusk and dawn, with
one (1) limited exception: persons participating in the barbeque competition may stay in Park
overnight on June 29, 2012 and June 30, 2012 for the limited purpose of monitoring their
barbeques, subject to the following restrictions:
1. Persons staying in Park overnight may sleep only in recreational vehicles and camper trailers
that are parked in the designated parking areas of Park. Tent or unenclosed camping in Park
is prohibited.
2. Organizer shall provide to the City of Meridian Parks and Recreation Department the
number of persons and vehicles that will be staying in Park overnight under this provision.
Unapproved vehicles in Park after sunset may be towed at the owner's expense.
3. The City noise ordinance, prohibiting disturbance noises between 11:00 p.m. and 6:00 a.m.,
shall strictly apply at all times. Prohibited noise shall include generators and amplified
sound from electronic devices.
4. No alcohol may be consumed in Park between dusk and dawn.
E. Place. The permission extended under this Agreement shall be applicable to the place detailed
on the event site plan approved by City under City of Meridian Temporary Use Permit no. TUP-
12-0046.
F. Manner. The permission extended under this Agreement shall be subject to all terms and
conditions as set forth in this Agreement, in City of Meridian Temporary Use Permit no. TUP-
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 2 OF 7
12-0046, and in any applicable laws and policies, including, without limitation, the Meridian
Parks and Recreation Event Planners' Handbook, attached hereto as Exhibit A. Such terms and
conditions shall include, but shall not be limited to, the following:
1. The public must have general access to all areas of Park at all times, so long as such access
does not unduly interfere with Organizer's use of Park for Event. Signs reading "Free
Admission" must be clearly posted at each entrance to Event.
2. Organizer must provide at least ten (10) portable toilets during Event, at least one (1) of
which must be handicapped accessible.
3. Driving or parking vehicles on non -designated driving or parking surfaces shall be
prohibited, with the limited exception of vehicles driven short distances on non -designated
driving surfaces for the purpose of transporting, loading, or unloading equipment and
supplies during set-up or tear -down. Vehicles may be driven on turf only with the use of a
temporary driving surface created with plywood at the direction of the Parks Superintendent.
4. Organizer shall obtain at least one (1) roll -off container from Republic Services and utilize
same to collect solid waste generated by Event activities. Such container shall be placed on
the stub street in the northwest quadrant of Kleiner Memorial Parkway.
5. Where activities or equipment related to Event damage or destroy turf, landscaping,
sprinklers, or other Park infrastructure or facilities, or otherwise require City to incur additional
expenses, Organizer shall reimburse City for all costs of repair, replacement, or expense
within fourteen (14) days of City's invoice for such costs.
6. Organizer shall make every effort to provide and maintain access to Event for persons with
disabilities.
7. No smoking shall be allowed in Park, except in designated parking areas.
8. Used water, grease, charcoal, and other materials and supplies must be carried out of Park at
the conclusion of Event, and may not be disposed of at Park.
9. Organizer is authorized to post fifty-two (52) signs for the purpose of identifying,
promoting, advertising, or directing patrons to Event. Such signs shall be located as
represented and approved in City of Meridian Temporary Use Permit no. TUP-12-0046.
Organizer acknowledges that the permission extended by City under this Agreement to post
signs shall extend only to the locations approved in City of Meridian Temporary Use Permit
no. TUP-12-0046, and that it is unlawful to post a sign identifying, promoting, advertising,
or directing patrons to Event without the permission of the owner of such property.
Organizer shall remove all signs identifying, promoting, advertising, or directing patrons to
Event by 5:00 p.m. on Monday, July 2, 2012.
10. A first aid station staffed by personnel trained and certified to render first aid and
cardiopulmonary resuscitation, and equipped to call 911 for assistance where necessary,
shall be provided at Event. Such station shall be clearly marked and visible and accessible
to all Event participants.
G. Alcohol. Alcohol may be sold to and/or consumed by the public attending the Event, under the
following conditions:
1. Alcohol may not be sold on an "all you can drink" basis.
2. Alcoholic beverages sold and/or cups used may not exceed 16 ounces in volume. Beverage
containers may be plastic or paper only; glass is not allowed in Park.
3. Event attendees who are twenty-one (21) years of age or older and who wish to consume
alcohol must be issued a distinctive, nontransferable wrist band, to be displayed on the right
wrist. All persons seeking to obtain a wrist band must be required to produce photo
identification demonstrating proof that such person is at least twenty-one (21) years of age.
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 3 OF 7
Wrist bands may not be issued to any person who does not produce such photo
identification. Alcoholic beverages may not be served to any person not wearing such wrist
band. If wrist bands run out, no new Event patrons may be allowed to purchase or consume
alcohol. Event staff issuing wrist bands may not consume alcohol during Event.
4. Alcoholic beverages may be sold at a ratio of one per patron per order; no person may be
allowed to purchase more than one beverage at a time.
5. The area where alcohol is served must be fenced using fencing four feet (4') in height.
6. Signs reading "No alcohol beyond this point" must be clearly posted at all exits. Due care
must be taken to prohibit the removal of alcoholic beverages from the alcohol consumption
area.
7. Persons serving alcohol must comply with the requirements of Title 3, Chapter 7, Meridian
City Code (alcohol server training), and may not consume alcohol during Event.
8. Any alcohol-related violations of law or policy occurring during Event shall result in the
immediate suspension of the Event's liquor catering permit. Such violations shall include,
without limitation: illegal consumption or possession of alcohol by a minor and providing
alcohol to persons who are not wearing a designated wristband. The Meridian Parks and
Recreation Department or Police Chief or designee may suspend the Event's liquor catering
permit where there is a high incidence of Event patrons transferring wristbands to minors or
other non-wristbanded persons, or where there is a high incidence of alcohol consumption or
possession elsewhere in Park, i.e., outside of the Event's designated Event alcohol
consumption area.
H. Security. Event security personnel shall be provided at the Event, as follows:
1. Organizer shall provide at least six (6) event security personnel at Event, to include two (2)
at each entrance to the Event.
2. It is understood and agreed that Organizer will contract with MAV Event Services, LLC,
whose address is 1483 S. Blue Jay Place, Eagle, Idaho, for event security services at Event.
3. Event security personnel must be clearly identifiable as such with orange, yellow, or green
shirts clearly marked with the word "Security."
4. Event security personnel may not consume alcohol during the Event.
5. Organizer agrees that in the event the Chief of Police or his designee deems this level of
private security to be insufficient to protect the health and safety of Event attendees or Park
users, extra -duty Meridian Police Department personnel shall staff the event at Organizer's
sole expense, pursuant to policies established by the Meridian Police Department and at the
rate established by fee schedule. Organizer shall reimburse City for all costs of extra -duty
personnel staffing by MPD within fourteen (14) days of City's invoice for such costs.
I. Insurance. As required by Meridian City Code, Organizer shall submit to City proof of an
insurance policy issued by an insurance company licensed to do business in Idaho protecting
Organizer, Organizer's employees, and Organizer's agents from all claims for damages to
property and bodily injury, including death, which may arise during or in connection with
Event, including Event set-up and tear -down. Such insurance shall name City as additional
insured, and shall afford at least five hundred thousand dollars ($500,000.00) per person bodily
injury, five hundred thousand dollars ($500,000.00) per occurrence bodily injury, and five
hundred thousand dollars ($500,000.00) per occurrence property damage. The limits of
insurance shall not be deemed a limitation of the covenants to indemnify and save and hold
harmless City as set forth in this Agreement or any permit. If City becomes liable for an amount
in excess of the insurance limits herein provided due to the actions or omissions of Organizer or
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 4 OF 7
any Organizer employee, agent, contractor, official, officer, servant, guest, and/or invitee, or any
participant in or observer of Event or related activities, Organizer covenants and agrees to
indemnify and save and hold harmless City from and for all such losses, claims, actions, or
judgments for damages or liability to persons or property.
III. OBLIGATIONS OF CITY.
A. Facility operation. Except as otherwise set forth herein, City shall provide general
maintenance, mowing, irrigation, and custodial services with regard to Park facilities,
infrastructure, and vegetation. City shall provide all necessary utilities and services to Park
facilities, including, but not limited to, electricity, potable water, sewage service, and/or typical
waste and refuse removal. City shall cause the repair and/or replacement of any and all Park
facilities, infrastructure, and/or vegetation that are physically damaged by acts of nature. To the
extent that the cause of damage is attributable to Event activities, Organizer shall be responsible
for the cost of repair or replacement.
B. Primary Source of Contact for City. City shall provide Organizer the name, e-mail address,
and telephone number of specific City personnel (hereinafter "City Contact") who shall serve as
City's primary contact between City and Organizer for all day-to-day matters regarding set-up,
operation, and tear -down of in Park. City Contact for Event shall be:
City Contact: Colin Moss, Recreation Coordinator
Meridian Parks and Recreation Department
E-mail: cmoss@meridiancity.org
Cell Phone: 208-866-9987
Office Phone: 208-888-3579
IV. GENERAL PROVISIONS.
A. Post -Event review. On Monday, July 2, 2012, at 8:30 a.m., Organizer shall meet with the City
Contact to survey the Event area and provide input regarding successes and challenges related to
Event.
B. Notice. Communication between Organizer and the City Contact regarding day-to-day matters
shall occur via e-mail or telephone. All other 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, or via e-mail, addressed as follows:
City:
City of Meridian
Attn: Parks and Recreation Director
33 E. Idaho Avenue
Meridian, Idaho 83642
ssiddoway@meridiancity.org
Organizer:
Randal Nelson
Help Idaho, LLC
979 E. Winding Creek Drive
Eagle, Idaho 83616
randal@helpidaho.com
C. Public park. The parties hereto expressly acknowledge that Park is a public space, the
management and scheduling of which shall at all times be within the sole purview of City. City
shall have the right to allow the use of Park, and close all or any portion of Park, for any and all
purposes and under any and all conditions.
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 5 OF 7
D. No right to exclude conveyed. Any exclusive use granted to Organizer by this Agreement
shall include neither the right to exclude any law-abiding person from Park where such person is
not interfering with Organizer's use thereof, nor the right to interfere with any person's
concurrent, lawful use of Parlc where such concurrent use does not conflict or interfere with
Organizer's use. At all times Organizer shall be on an equal footing with the general public
regarding its use of Park. Organizer shall exercise any exclusive use granted by this Agreement
only in accordance with the terms of this Agreement and in accordance with any and all
applicable laws and City policies.
E. Assignment. Organizer shall not assign or sublet all or any portion of Organizer's interest in
this Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without
the prior written consent of City. This Agreement and each and all of the terms and conditions
hereof shall apply to and are binding upon the respective organizations, legal representative,
successors, and assigns of the parties.
F. No agency. Neither Organizer nor Organizer's employees, agents, contractors, officials,
officers, servants, guests, and/or invitees shall be considered agents of City in any manner or for
any purpose whatsoever in their use and occupancy of Park.
G. Indemnification. Organizer and each and all of Organizer's employees, agents, contractors,
officials, officers, servants, guests, and/or invitees, including any and all participants in Event or
related activities, shall indemnify and save and hold harmless City from and for any and all
losses, claims, actions, judgments for damages, or injury to persons or property and losses and
expenses caused or incurred by Organizer or any Organizer employee, agent, contractor,
official, officer, servant, guest, and/or invitee, or any participant in or observer of Organizer
programming, at or in its use of Park or any lack of maintenance or repair thereon and not
caused by or arising out of the tortious conduct of City.
H. No warranty. City makes no warranty or promise as to the condition, safety, usefulness, or
habitability of the premises; Organizer accepts Park for use as is, both at the Effective Date of
this Agreement and throughout the course of Event and all related activities.
I. Compliance with laws. In performing the scope of services required hereunder, City and
Organizer shall comply with all applicable laws, ordinances, and codes of Federal, State, and
local governments.
J. 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.
K. Termination.
1. Grounds. Grounds for termination of this Agreement shall include, but shall not be limited
to: an act or omission by either party which breaches any term of this Agreement; an act of
nature or other unforeseeable event which precludes or makes impossible the performance
of the terms of this Agreement by either party; or a change in or occurrence of
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 6 OF 7
circumstances that renders the performance by either party a detriment to the public health,
safety, or welfare.
2. Process. Either party may terminate this Agreement by providing twenty-four (24) hours
notice of intention to terminate. Such notice shall include a description of the breach or
circumstances providing grounds for termination. A twenty-four (24) hour cure period shall
commence upon provision of the notice of intention to terminate. If, upon the expiration of
such cure period, cure of the breach or circumstances providing grounds for termination has
not occurred, this Agreement shall be terminated upon mailing or e -mailing of notice of
termination.
L. 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.
M. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part of this
Agreement as if the exhibits were set forth in their entirety in this Agreement.
N. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes
any and all other agreements or understandings, oral or written, whether previous to the
execution hereof or contemporaneous herewith.
O. Non -waiver. Failure of either party to promptly enforce the strict performance of any term of
this Agreement shall not constitute a waiver or relinquishment of any party's right to thereafter
enforce such term, and any right or remedy hereunder may be asserted at any time after the
governing body of either party becomes entitled to the benefit thereof, notwithstanding delay in
enforcement.
P. Applicable law. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Idaho.
Q. Approval required. This Agreement shall not become effective or binding until approved by
both Organizer and by Meridian City Council.
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.
HELP IDAHO, LLC:
BY: �/;?Z-
Randal Nelson
o¢PTeD A UG
CITY OF MERID $`o est:
City of
BY: E IDI
Tammy rd, Mayor tD Holman, City Clerk
P
'the TRtN'\� a
AGREEMENT FOR USE OF KLEINER PARK FOR SPECIAL EVENT PAGE 7 OF 7
Event Planners' Handbook
y. Meridian Parks and Recreation
Event Planners Handbook
Meridian Parks and Recreation o 33 E. Broadway Ave. • Meridian, ID 83642 e Phone: 888-3579 • Fax: 898-5501
Introduction
Thank you for your interest in hosting an event in a Meridian City park! Well-run community
events play a large role in making the City of Meridian a premier place to live, work and raise a
family. This handbook has been developed to guide event organizers in planning and hosting an
event in a Meridian park. Meridian City Code provisions regarding special events do apply.
For your reference, the Meridian City Code is available online by visiting the City of Meridian
website at www.meridiancity.org and clicking on "City Code" under the "City Government" tab
at the top of the page. Special Events are addressed in Meridian City Code section 3-4-3.
Meridian Parks and Recreation Department staff will assist you in any way they can through the
permitting process and answer questions as quickly as possible to help ensure your event is a
success. If you do have questions regarding anything in this handbook or would like to start
talking about your event, please contact us!
Sincerely,
Colin Moss
Recreation Coordinator
Meridian Parks and Recreation
33 E. Broadway Ave.
Meridian, ID 83642
Phone: 888-3579
Fax: 898-501
E -Mail: cmoss@meridiancity.org
www.meridiancity.org/parks rec
www,facebook.com/meridianparksandrecreation
PAGE 1 OF 16
EVENT PLANNER'S HANDBOOK - MARCH 2012
Meridian Parks and Recreation
�ym Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 o Phone: 888-3579 • Fax: 898-5501
Table of Contents
Page
Special Event Approval Process.............................................................................3
Parks Available for Special Events..........................................................................4
Admission Charges for Events.....................................................................................4
Alcohol Sales and Consumption.............................................................................4
Americans with Disabilities Act (ADA)....................................................................5
AmplifiedSound...............................................................................................6
Cancellation and Refund Policy..............................................................................6
Fees..............................................................................................................6
Field/Layout Marking ...................................................... ...................................
8
Insurance........................................................................................................
8
OvernightRV Camping.......................................................................................8
ParkHours......................................................................................................9
ParkScheduling................................................................................................9
Parkingand Security............................................................................................9
Restrooms.......................................................................................................9
Signage.........................................................................................................10
Site Plan and Schedule of Event Activities...............................................................10
SmokeFree Parks............................................................................................11
Sponsors.......................................................................................................11
Tents, Stages, Fencing, and Other Temporary Structures..............................................11
Trash Receptacles and Dumpsters.........................................................................12
Trees............................................................................................................12
Utilities and Generators.....................................................................................12
Vehicle Restrictions . .........................................................................................12
Vendors and Concessionaires..............................................................................13
Relevant Contact Information..............................................................................14
Attachment A: Sponsorship of Privately -Organized Events in City Parks Policy......................15
PAGE 2 of 16
EVENT PLANNER'S HANDBOOK - MARCH 2012
Meridian Parks and Recreation
Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
1. Special Event Approval Process
Step 1: Contact Meridian Parks and Recreation to tentatively reserve facility while
waiting for approval for your event.
Recreation Coordinator — Special Events
Phone: 888-3579
Fax: 898-5501
E -Mail: cmoss@meridiancit y�org
Step 2: Submit a completed Temporary Use Permit application and all required
application materials to the City of Meridian Clerk's Office at least thirty
(30) days before the event start date. Required documents include:
• Completed Temporary Use Permit application.
• Event site plan.
• Proof of liability insurance policy with the City of Meridian named
as additionally insured.
• List of all event vendors and concessionaires.
• Central District Health Department written approval and/or permits
if food or drink will be sold or given away.
• Schedule of events.
• $150 application fee or proof of 501(c)(3) status.
If public rights-of-way such as sidewalks or roads will be used for the
event in addition to a park, a Citizen's Use Permit will also be required,
with the necessary additional documentation including:
• Completed Citizen's Use Permit.
• Event route map.
• Proof of liability insurance policy with the Ada County Highway
District named as additionally insured.
• $50 application fee or proof of 501(c)(3) status.
Both the Temporary Use Permit and Citizen's Use Permit should be
submitted to:
City of Meridian Clerk's Office
33 E. Broadway Ave.
Phone: 888-3579
Fax: 888-4218
PAGE 3 OF 16
EVENT PLANNER'S HANDBOOK - MARCH 2012
(_7" E
Meridian Parks and Recreation
N I Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave, • Meridian, ID 83642 • Phone: 888-3579 ^ Fax: 898-5501
Step 3; Pay park reservation fees for your event to Meridian Parks and Recreation,
work with staff to meet all you permit's conditions of approval and host a
great event!
2. Parks Available for Special Events
A. Regional Parks Settlers Park 51 acres
3245 N. Meridian Rd.
Julius M. Kleiner Memorial Park 60 acres
1900 N. Records Ave.
B. Community Parks Storey Park 15 acres
205 E. Franklin Rd.
Bear Creek Park 19 acres
2400 S. Stoddard Rd.
Tully Park 19 acres
2500 N. Linder Rd.
Heroes Park 30 acres
3064 W. Malta Dr.
C. Special Use Parks Generations Plaza 0.3 acres
804 N. Main St.
Other sites may be available by special request and approval,
3. Admission Charges for Events
Event organizers may set up a perimeter for their event, and may establish designated
entrance and exit points, but may not charge admission for anyone to enter a public park
or other facility. Further, no fee can be charged to park in a City -owned parking lot.
4. Alcohol Sales and Consumption
A. Events Featuring Alcohol Sales
Each business selling alcohol must apply for and be approved for a Liquor
Catering Permit through the City of Meridian Clerk's Office.
If alcohol is being sold at an event, there must be a fenced perimeter around
the area in which alcohol is being sold and consumed. The fenced area may
include the entire event area (so that those who have purchased alcohol can
PAGE 4 OF 16
EVENT PLANNERIsHANDBOOK — MARCH 2012
t Meridian Parks and Recreation
r Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
recreation@meridiancit�g • www.rneridiancity.org/parks reg • www,facebook.com/ineridianparksandrecreation
take it elsewhere within the event), or it may also consist of a beer garden with
the rest of the event area being unfenced.
• Event patrons who may lawfully purchase alcohol during an event must be
identified with a nontransferable wrist band. The event organizer is
responsible for ensuring that age is confirmed by picture identification prior to
wrist banding.It is the event organizer's responsibility to have enough wrist
bands. If the wrist bands run out, no new event patrons may be served
alcohol.
• No alcohol sold within the fenced alcohol area may leave and no outside
alcohol may be brought into the fenced alcohol area. Every entrance/exit
point must be staffed to enforce this policy. At each exit point from the
alcohol area, a sign must be posted with notice of "No alcohol beyond this
point."
B. Events Allowing Patrons to Bring Their Own Alcohol
• The event organizer must apply for and be approved for a Park Alcoholic
Beverage Permit through the City of Meridian Clerks Office.
• The event area does not need to fenced, but signs must be posted prominently
around the event perimeter with notice of "No alcohol beyond this point" or
"No open containers beyond this point."
C. Alcohol sales and consumption shall be from sunrise until sunset only. Alcohol
may not be consumed during times when the park is closed, even when overnight
RV parking has been approved.
D. Glass beverage containers are prohibited in all Meridian parks.
E. Alcohol sales and consumption regulations may be modified depending on the
size, scope, location and/or time of the event.
F. Any alcohol violations that take place during the event including illegal
consumption, possession of alcohol by any minor, taking alcohol to others areas
of the park besides those designated for alcohol, or any other violation of sections
A -D above will result in the immediate suspension of any Park Alcoholic
Beverage Permit and/or Liquor Catering Permit approved for the event.
5. Americans With Disabilities Act (ADA)
ADA legislation directs the City of Meridian to provide equal access for people with
disabilities. Event organizers must make every effort to follow ADA guidelines and
provide and maintain access for people with disabilities. This includes maintaining
access for sidewalks and curb cuts, and maintaining designated parking spaces for people
with disabilities. If the event calls for additional parking, then appropriate parking for
people with disabilities must be provided. ADA compliant restrooms must be made
available (see Restrooms).
PAGE 5 OF 16
EVENT PLANNER'S HANDBOOK - MARCH 2012
n.
C El�Meridian Parks and Recreation
Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
6. Amplified Sound
An approved Temporary Use Permit allows for the use of amplified sound such as bands,
DJs, radio, etc. The level of the amplified sound may not exceed sixty-two (62) decibels
measured at the perimeter of the park.
7. Cancellation and Refund Policy
A $5.00 processing fee is charged on all reservation cancellations. A refund will not be
issued when the cancellation is made less than ten (10) calendar days before the event. If
weather conditions force the cancellation of an event, a refund will be processed to the
payers account with Meridian Parks and Recreation. That money will then be available
to use at a later date or the following year. Cash refunds are not given when the
cancellation is made less than ten (10) days before the event, regardless of the reason for
cancellation.
8. Fees
Meridian City Clerk permit fees are due with the permit application at least thirty (30)
days before the event. These fees are eligible to be waived with a proof of 501(c)(3)
status. Please note that the organization's name must be the same on the proof of
501(c)(3) status, permit application, and insurance policy.
Description Per Fee
-Temporary Use Permit Per Event $150
Citizens Use Permit (only needed when the event
includes public right of ways such as roads and/or Per Event $50
sidewalks)
All Meridian Parks and Recreation fees must be paid prior to the event. Fees are listed
below. Picnic shelter time blocks are: 9:00 a.m. to 2:00 p.m. and 4:00 p.m. to 9:00 p.m.
Description
Per
Fee (tax not
included)
Picnic Shelters
Settlers Park Shelter #1 (Capacity 200)
Settlers Park Shelter #2 (Capacity 100)
Settlers Park Shelter #3 (Capacity 50)
Per Time Block
$30.00
Storey Park Blue Shelters (Capacity 200)
Storey Park Green Shelter (Capacity 200)
Bear Creek Park Shelter (Capacity 100)
Heroes Park Shelter (Capacity 300)
Jully Park Shelter (Capacity 300)
Per Time Block
$60.00
PAGE 6 OF 16
EVENT PLANNER'S HANDBOOK - MARCH 2012
C/ EI�IDIAN'
Meridian Parks and Recreation
i# 4 Event Planners Handbook
Meridian Parks and Recreation o 33 E. Broadway Ave. o Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
Softball/Baseball Fields
Settlers Park
Per Hour
$10.00
Bear Creek Park
Per Day
$75.00
Storey Park
Tully Park
Multi -Use Grass Fields
Settlers Park (Five Fields Available)
Per Hour
$10.00
Heroes Park (Five Fields Available)
Per Day
$75.00
Bear Creek Park (One Field Available)
Jully Park (One Field Available)
Basketball Courts
Per Hour
$10.00
Heroes Park (Three Courts Available)
Per Da
$75.00
Park Packages
Settlers Park East Half #1 (Includes Shelter #1
$300.00
and Multi -Use Fields A-E, Required for events
over 1,000 people.)
Settlers Park East Half #1-3 (Includes Shelters
Per Day
$400.00
#1, #2 and #3 and Multi -Use Fields A-E.
Required for events over 1,500)
Heroes Park (Includes Shelter and all grass fields)
$300.00
Storey Park (Includes Blue Shelter and grass area)
$200.00
Park Alcoholic Beverage/Liquor Catering Permit
Per Day Per Vendor
$20.00
Baseball/Softball Field Prep
Per Field Per
$12.50
Occurrence
Field Lights
Storey Park Herald Cox Softball Field Lights
Per Hour
$15.00
Heritage Middle School Ballfield Lights
$15.00
Storey Park Mo Brooks Baseball Field Lights
$25.00
Meridian Parks and Recreation On -Site Staff
MPR staff will be available during regular staff
hours (7:00am-3:30pm daily) at no additional
Per Hour Per
charge. For events over 750 people, the event
Staff
$20.00
organizer will be required to pay for 1 staff to stay
past 3:30pm until the event's conclusion. For
events over 1,500 people, 2 staff will be required,
Event organizer will also be responsible for reimbursing the Meridian Parks and
Recreation Department for any cleanup beyond routine maintenance, loss or damage to
City property resulting from the event.
PAGE 7 OF 16
EVENT PLANNER'S HANDBOOK - MARCH 2012
Meridian Parks and Recreation
Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
9. Field/Layout Marking
With prior consent by the Meridian Parks and Recreation Department, the event
organizer may be permitted to paint on the grass to identify the location for vendors,
stages, athletic fields, etc. Permission may be withheld or conditioned depending on the
event location, time of year and field condition. The painting cannot take place more
than three days prior to the event. The type and color of paint must be approved by the
Meridian Parks and Recreation Department. Painting on any surface besides grass is
prohibited.
10. Insurance
All event organizers are required to maintain an event insurance policy containing:
• The City of Meridian named as additionally insured,
• A minimum of $500,000 per person bodily injury,
• A minimum of $500,000 per occurrence bodily injury,
• A minimum of $500,000 per occurrence property damage.
Proof of insurance coverage must be submitted with the Temporary Use Permit at least
thirty (30) days before the event. The name on the insurance policy must match the name
of the Temporary Use Permit applicant. If applying to have the Temporary Use Permit
fee waived, the organization name on the insurance policy must also match the
organization name on the proof of 501(c)(3) status.
11. Overnight RV Camping
Staying overnight in a park will be allowed only by written order of the Department
Director. Overnight stays will be permitted only in recreational vehicles or campers in
the parking lot. Tent camping is not permitted. Approval will only be given in
conjunction with an approved Temporary Use Permit. The following conditions will
apply when approval has been given to stay in the park overnight:
• Staying overnight will be limited to individuals who have a need to stay on-site
throughout the night for the successful operation of the event.
• No other vehicles besides the RVs or campers approved for overnight parking
will be allowed to stay in the park overnight.
• City of Meridian quiet hours are from 11:00 p.m, to 6:00 a.m, as established by
Meridian City Code section 6-3-6.
• Alcohol consumption is prohibited during overnight hours, even in association
with events that have alcohol permits. Any and all alcohol consumption must
cease at the end of the event for the day or at sunset, whichever is earlier.
• The location within the park where overnight camping will take place must be
approved by the Meridian Parks and Recreation Department,
PAGE 8 OF 16
EVENT PLANNER'S HANDBOOK - MARCH 2012
0 J111
Meridian Parks and Recreation
a:y Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave, • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
12. Park Hours
All City of Meridian parks are open from sunrise until sunset. Events may not operate
outside these times unless written permission is given by the Meridian Parks and
Recreation Department.
13. Park Scheduling
Meridian Parks and Recreation is a public agency and, therefore, exclusive use of a park
facility cannot be granted. Public access to non -reservable park amenities such as
playgrounds must be maintained at all times. An event organizer may choose to restrict
public access to an event, but may only restrict access to reserved facilities, such as
picnic shelters. Meridian Parks and Recreation also cannot grant any kind of "buffer
time" around an event in which similar events are not allowed to be scheduled.
Annual events are given first priority in the event scheduling process and can be
tentatively scheduled up to two years in advance. All other events can be tentatively
scheduled up to one year prior to the event start date.
The event organizer should notify Meridian Parks and Recreation as soon as possible if a
tentatively scheduled event needs to be cancelled. A tentative park reservation will be
automatically cancelled if the Temporary Use Permit application is not submitted to the
Meridian City Clerks Department the required 30 days before the event start date.
14, Parking & Security
Parking is limited to designated areas and is available on a first come, first served basis.
All roadways and parking lot drive aisles are fire lanes and cannot be blocked.
Depending on the size and scope of the event, the event organizers may be required to
submit written traffic control, security, off-site parking and/or shuttle service plans at
least thirty (30) days prior to the event start date.
If the event organizer wishes to have an on-site police presence during their event, on -
duty officers can be requested through the Meridian Police Department. Contact Lt.
Scott Colaianni with the Meridian Police Department at 888-6678 or
scolaianni@meridiancity.= for availability and information regarding this service.
15. Restrooms
One restroom for each gender is required for every two hundred (200) people attending
an event. If there are not enough on-site restrooms to accommodate the size of the event,
the Central District Health Department requires that portable restrooms and hand washing
stations be provided and removed at the expense of the event organizer so this standard is
met.
PAGE 9 OF 16
EVENT PLANNER'S HANDBOOK - MARCH 2012
Meridian Parks and Recreation
C��W r��_ Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave. • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
recre-,ttion@meridiaiicity.org • www.meridiancity.org/parks rec • www.facebook.coni ineridianparksandrecreation
If additional restrooms are needed, at least one ADA restroom must be included in each
group. All portable restrooms must be placed on hard surfaces and be accessible from the
roadway. Portable restroom supply and service companies may drive on pavement only.
Location(s) of portable restroom must be approved by Meridian Parks and Recreation.
These units should be serviced as needed. All portable restrooms must be removed from
the park at the end of the event.
16. Signage
Special events taking place within the City of Meridian are restricted by code to a
maximum of two hundred (200) signs no larger than six (6) square feet each and a
maximum of twelve (12) signs no larger than thirty-two (32) square feet each. These
maximums include on-site and off-site signs. Event organizers must get property owner
permission to erect any off-site signs. No off-site signs may be erected at other Meridian
park sites. On-site signs are limited to the day of the event and may only be located in
the event area with the one exception detailed in the following paragraph. On-site signs
may not be erected in other areas of the park unless approved by Meridian Parks and
Recreation.
An event organizer may be authorized to erect one on-site sign, up to thirty-two (32)
square feet in size, no more than five (5) days prior to the event start day. The location of
the sign must be approved by Meridian Parks and Recreation.
17. Site Plan and Schedule of Event Activities
An event site plan must be submitted with the Temporary Use Permit at least thirty (30)
days before the event. The site plan must include:
• Event name, date and location
• Proposed location of temporary structures including tents, fencing, stages, etc.
• Proposed locations of goods, vendors, and displays
• Proposed locations of first aid stations, portable restrooms, and hand washing
stations
• Proposed locations of temporary signs
• Proposed location of generators
• Any other major service needed or activity planned
Park maps are available upon request or can be downloaded from the Meridian Parks and
Recreation's website at www.meridiancity.org/parks_rec on the "Current Parks" page.
Meridian Parks and Recreation reserves the right to adjust the proposed event layout
based on weather, turf conditions, maintenance or public safety issues.
A schedule of event activities must also be submitted with the Temporary Use Permit at
least thirty (30) days before the event. The schedule must include:
• Set up and take down times
PAGE 10 OF 16
EVENT PLANNER'S HANDBOOK - MARCH 2012
. , C Ef� Meridian Parks and Recreation
Event Planners Handbook
Meridian Parks and Recreation • 33 E, Broadway Ave, • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
• Event start and end times
• List of the times for all event activities
18. Smoke -Free Parks
All Meridian parks are smoke-free zones with the exception of the parking lots. The
event organizer will be expected to help uphold this policy by notifying event patrons as
necessary.
19, Sponsors
All event sponsors must be listed on the Temporary Use Permit application, which is due
30 days before the event start date. The event organizer may not invite any business or
organization to sponsor their event that violates Meridian Parks and Recreation's
"Sponsorship of Privately -Organized Events in City Parks" Policy, Please see
Attachment A on page 15 to view the complete policy.
20, Tents, Stages, Fencing and Other Temporary Structures
The size and location of all tents, stages, fencing and other temporary structures are
required to be provided with the event site plan.
Each event's proposed site plan will be reviewed by the Meridian Fire Department and
the Meridian Building Department for compliance with Fire and Building Codes. Several
factors including tent side-walls, size and location of tents, and others will go into the
conditions of approval or basis for denial of one or more tent(s) or other temporary
structure(s).
As a general rule, an individual tent or group of tents put together may not exceed seven
hundred (700) square feet. Every seven hundred (700) square foot or less tent or group of
tents must have a minimum clearance distance of twelve (12) feet from other tents or
temporary structures. Example: If an event is using multiple 10' x 10' (100 square foot)
tents, seven (7) of those tents may be placed side-by-side or in a group at which point
there must be a twelve (12) foot break before the next group of seven (7) tents. As this is
a general rule, though, tents smaller or larger than seven hundred (700) square feet may
be approved, may be subject to additional conditions of approval, or may be denied on a
case-by-case basis.
To avoid damage to turf and underground utility lines, Meridian Parks and Recreation
prefers all temporary structures to be secured with water barrels or sandbags instead of
stakes. If stakes must be used, the location of such stakes must be approved by the
Meridian Parks and Recreation Department. Stakes less than eight inches (8") long do
not need approval.
PAGE 11 OF 16
EVENT PLANNER'S HANDBOOK - MARCH 2012
C :�*
Meridian Parks and Recreation
F k Event Planners Handbook
Meridian Parks and Recreation • 33 E, Broadway Ave, • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
recreation@meridiancity.org • www.meridiancity.org-/parks reg • www,facebook.con/meridianparksandrecreation
21. Trash Receptacles and Dumpsters
The Meridian Parks and Recreation Department can provide up to ten (10) extra trash
cans at no additional charge when necessary. Depending on the size and scope of the
event, additional trash cans and/or dumpsters may be required beyond what the Meridian
Parks and Recreation Department can provide. In that case, the event organizer will be
responsible to contact the City's waste collection franchisee and arrange for sufficient
trash receptacles and/or dumpsters to be available at the event and pay any associated
fees for that service.
Currently, Settlers Park is the only City park that has permanent recycling containers.
For events taking place at other parks, the use of temporary recycling containers is
encouraged.
22. Trees
No person in any City park shall damage, cut, carve, transplant, or remove any tree or
plant or injure the bark, or pick the flowers or seeds, of any tree or plant. Trees also may
not be used to hang any kind of sign using rope, wire, staples, tacks, glue, or anything
else that could potentially be of harm to the tree.
23. Utilities and Generators
Electricity and water utilities are available for event use at no additional charge,
Meridian Parks and Recreation staff will notify the event organizer of where these
utilities are available, but will not be able to provide extension cords, hoses, etc to access
them. If additional power is needed for an event beyond what is available at the park, it
will be the event organizer's responsibility to provide generators.
All generators must be UL -approved and may not be operated between 11:00 p.m, and
6:00 a.m. per City of Meridian noise ordinance. Generators must be located a minimum
of twenty feet (20') from all tents or structures. Fuel must be kept in an approved safety
container and kept in a secure area away from the generator. Generators must be shut off
before being refueled.
24. Vehicle Restrictions
Any unapproved vehicles left in the park after sunset will be towed at the owner's
expense.
Due to possible turf and sprinkler head damage, vehicles are restricted to paved roads or
parking areas unless when specific vehicles are approved to drive on the turf. In such
cases, Meridian Parks and Recreation will work with the event organizer to delineate
approved entrance and exit routes, which specific vehicles will be allowed to drive on the
turf, and which specific vehicles/trailers may remain on the turf for the duration of the
PAGE 12 OF 16
EVENT PLANNER'S HANDBOOK - MARCH 2012
Meridian Parks and Recreation
3
Meridian Parks and Recreation • 33 E. Broadway Ave
Event Planners Handbook
• Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
event. When a vehicle/trailer has been approved to remain on the turf throughout an
event, that vehicle/trailer must have plywood pillows under the wheels and tongue jack.
25. Vendors and Concessionaires
Event organizers may engage food, craft and other service and product vendors as part of
their special event. A list of all event vendors must be submitted with the Temporary Use
Permit at least thirty (30) days before the event start date. All vendor vehicles and
trailers are subject to the same restrictions as other vehicles as detailed in the "Vehicle
Restrictions" section. For any vendor selling or giving away food or drink, the following
conditions will apply:
• Each vendor who is selling or giving away food and/or drink must be listed in the
permit application to the Central District Health Department. A copy of the
Central District Health Department's written approval and/or permit must be
included with the event organizer's Temporary Use Permit.
• If vendor is operating an enclosed concessions vehicle or trailer, they must have
completed a fire inspection prior to the event. Contact the Meridian Fire
Department at 888-1234 to schedule an inspection.
• Glass beverage containers are prohibited in all Meridian parks.
• Vendors must carry out used water, grease, and charcoal.
• Any vehicles/trailers used for cooking on-site will be required to be separated
from all other vendors or tents by a minimum of twenty feet (20').
• Cooking equipment must be located a minimum of ten feet (10') from any tent or
combustible material.
• If any vendor wishes to sell, demonstrate, or use any type of firearm rifle or pistol
including air powered; any type of archery bow including but not limited to long
bows, compound bows, and crossbows; or any type of edged weapon including
but not limited to knives, machetes, and swords, the event organizer must submit
an attachment with the Temporary Use Permit that includes the vendor name, the
type of weapon that will be sold, demonstrated, or used, and an operational plan
for the successful, safe execution of the proposed sales, demonstration or use.
PAGE 13 OF 16
EVENT PLANNER'S HANDBOOK - MARCH 2012
Meridian Parks and Recreation
r Event Planners Handbook
Meridian Parks and Recreation • 33 E. Broadway Ave, • Meridian, ID 83642 • Phone: 888-3579 • Fax: 898-5501
recreation@meridiancity.ore • www.meridiancity,org/parks reg • www.facebook.com/meridianparksandrecreation
26. Relevant Contact Information
Here are some helpful contact numbers to get your event questions answered:
Agency
Phone Number
Fax Number
Meridian Parks and Recreation
888-3579
898-5501
33 E. Broadway Ave,
Meridian City Clerks Office
888-4433
888-4218
33 E. Broadway Ave.
Meridian Fire Department
888-1234
895-0390
33 E. Broadway Ave.
Meridian Police Department
888-6678
846-7366
1401 E. Watertower Ave.
Ada County Highway District
387-6140
345-7650
3775 Adams St. — Boise
Central District Health Department
Environmental Health
327-7499
327-8553
707 N. Armstrong Pl. — Boise
Sanitary Services Company
888-3999
888-5052
2130 W. Franklin Rd.
PAGE 14 OF 16
EVENT PLANNER'S HANDBOOK - MARCH 2012
Attachment A
Meridian Parks and Recreation Department
ADMINISTRATIVE POLICY
SUBJECT: SPONSORSHIP OF PRIVATELY -ORGANIZED EVENTS IN CITY PARKS
PURPOSE: To provide a written policy describing acceptable sponsors for events and
activities that are sponsored by private parties and that are held in City Parks and
facilities.
POLICY: A. All sponsors of events held in City Parks and facilities shall adhere in
every respect to all applicable federal, state and local laws, regulations
and City policies.
B. Any sponsor which promotes or endorses any of the following content may
not sponsor any event or activity held in a City Park or facility:
Content that is deemed in violation of this policy or any other applicable
City policy;
2. Profane, obscene, indecent, violent, or pornographic content and/or
language;
Content that promotes, fosters or perpetuates discrimination on the basis
of race, creed, color, age, religion, gender, sexual orientation, or national
origin;
4. Defamatory or personal attacks;
5. Threats to any person or organization;
6. Content that promotes, fosters or perpetuates conduct in violation of any
federal, state or local law;
PAGE 15 OF 16
EVENT PLANNER'S HANDBOOK -MARCH 2012
7. Content that encourages or incites illegal activity;
8. Information that may tend to compromise the safety or security of the
public or public systems;
9. Content that violates a known legal ownership interest, such as a
copyright, of any party; or
10. Any content that contains or perpetuates a message that the Director of the
Parks & Recreation Department deems to be inappropriate and not in the
best interest of the City of Meridian.
C. If the City becomes aware that any engaged or potential sponsor of an event or
activity held in a City Park or facility promotes or endorses such content, the
City may deny or revoke any permit, reservation, or other permission allowing
the event or activity to be held in such Park or facility; disallow the event or
activity within that or other City Parks or facilities; and/or restrict or remove
any content that is deemed in violation of this policy or any applicable law.
AUTHORITY: The Director or his designee will monitor event/activity sponsors to ensure
adherence to this policy and consistency with the interest and goals of the City of
Meridian.
PAGE 16 OF 16
EVENT PLANNER'S HANDBOOK -MARCH 2012
F&.
DATE: - 26,
ITEM TITLE: Professional Services Agreement w/ Mark Johnstone
for Public Art Consulting Services for a Not -to -Exceed Amount of $8,000.00
MEETING NOTES
/ ,,�.4 v -eV
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
PROFESSIONAL SERVICES AGREEMENT
FOR PUBLIC ART CONSULTING SERVICES
This PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC ART
CONSULTING SERVICES ("Agreement") is made this 2-1p day of June, 2012 ("Effective
Date"), by and between the City of Meridian, a municipal corporation organized under the laws
of the State of Idaho ("City"), by and through the Meridian Arts Commission ("MAC"), and
Mark Johnstone, an individual whose address is P.O. Box 4350, Hailey, Idaho ("Consultant").
WHEREAS, City has determined the need for professional public art consulting services
in order to complete the installation of two public art pieces in conjunction with Phase lI of the
Meridian Split Corridor roadway construction; and
WHEREAS, Consultant is specially trained, experienced, and competent in the provision
of such professional services;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency
of which is hereby acknowledged and agreed, and in consideration of the mutual promises and
covenants herein contained, the Parties agree as follows:
I. SCOPE OF SERVICES.
A. Scope of work. City agrees to engage Consultant to provide, and Consultant agrees to
provide, the services described in the Scope of Work, attached hereto as Exhibit A, in
accordance with the timeline described therein.
B. Time of performance. The services to be performed by Consultant and the contributions
and decisions made by City under this agreement shall be completed by the deadlines set
forth in the Scope of Work. Consultant agrees that services and work provided under this
Agreement shall be performed in a timely manner. The Parties acknowledge and agree
that time is strictly of the essence with respect to this Agreement, 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.
C. Term. This Agreement begins immediately upon execution and shall remain in effect
through November 30, 2012.
D. Records. All records, including those of costs, reimbursable expenses, and payments
shall be kept to generally recognized accounting methods and standards and shall be
available to the other Party at all times. Consultant specifically recognizes that records
containing information relating to the conduct or administration of the public's business
prepared, owned, used or retained by Consultant shall be public records.
PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC ART CONSULTING SERVICES PAGE 1 OF 7
II. PAYMENT.
A. Amount. City shall remit to Consultant for services rendered pursuant to this Agreement
an amount not to exceed eight thousand dollars ($8,000.00), to be paid by City following
provision of the following deliverables as described in and pursuant to the timeline set
forth in the Scope of Work attached hereto as Exhibit A:
1. Upon completion of Project Phase 1: $ 1,000.00
2. Upon completion of Project Phase 2: $ 1,600.00
3. Upon completion of Project Phase 3: $ 1,600.00
4. Upon completion of Project Phase 4: $ 3,200.00
5. Upon completion of Project Phase 5: $ 600.00
Total compensation: $ 8,000.00
The remittals described in this paragraph shall constitute full compensation from City to
Consultant for any and all of Consultant's services, costs, and expenses related to services
performed under this Agreement. City shall not reimburse Consultant for any other costs,
including, but not limited to, any costs related to travel, tips, meals, phone calls, or
internet usage.
B. Method of payment. Upon execution of this Agreement, Consultant shall provide City
with a completed W-9 form. Upon completion of each project phase as set forth in the
Scope of Work, Consultant shall provide City with an itemized invoice for services
provided, which invoice shall be provided by formal notice. City shall pay Consultant for
services provided within thirty (30) days of receipt of invoice. Payment of all taxes and
other assessments on such sums shall be the sole responsibility of Consultant.
III. GENERAL TERMS.
A. Independent contractor. 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 shall be deemed an employee of City. Except as expressly granted
herein, Consultant shall have no authority or responsibility to exercise any rights or power
vested in City. The selection and designation of the personnel of City in the performance
of this agreement shall be made by City.
B. Day-to-day communications. The following person shall serve as City's primary contact
for all day-to-day communications between City and Consultant as may be necessary or
useful for accomplishing each party's respective tasks as set forth in the Scope of Work.
Communication between Consultant and the City's primary contact regarding day-to-day
matters shall occur via e-mail or telephone, as follows:
City: Emily Kane Consultant: Mark Johnstone
ekane@meridiancity.org markjohnstone@cox-internet.com
Phone: 208-898-5506 Phone: 208-788-3788
Either party may change its contact information for the purpose of this paragraph by
giving formal notice of such change to the other in the manner herein provided.
PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC ART CONSULTING SERVICES PAGE 2 OF 7
C. Formal notice. Formal notice required to be provided by either of the parties under this
Agreement shall be in writing and be deemed communicated when mailed by United
States Mail, addressed as follows:
City: City of Meridian Consultant: Mark Johnstone
City Attorney's Office P.O. Box 4350
33 E. Broadway Avenue Hailey ID 83333
Meridian ID 83642
Either party may change its address for the purpose of this paragraph by giving formal
notice of such change to the other in the manner herein provided.
D. Insurance. Consultant warrants that he has obtained, and will maintain at his expense
for the duration of this Agreement, worker's compensation insurance in the amount
required by Idaho law. All other insurance shall be obtained at Consultant's sole
discretion and risk.
E. Indemnity. Consultant shall indemnify, defend, save, and hold harmless the City and
any and all of City's officers, agents, or employees from any and all losses, claims, suits,
actions, or judgments for damages or injury to persons or property, and from any and all
losses and, expenses caused or incurred by Consultant, his servants, agents, employees,
guests, and/or business invitees while on City's premises or while fulfilling Consultant's
obligations under this Agreement, except for liability arising out of concurrent or sole
negligence of City or City's officers, agents, or employees. Consultant shall indemnify,
defend, save, and hold harmless the City and any and all of City's officers, agents, or
employees from any and all losses, claims, suits, actions, or judgments for damages or
injury to persons or property, and from any and all losses and expenses caused or incurred
by Consultant, its servants, agents, employees, guests, and/or business invitees as a result
of or arising out of the work performed under this Agreement and arising from the sole or
joint negligence of Consultant.
F. Compliance with laws. 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. Consultant shall not
discriminate against any person in the performance of this Agreement, on the grounds of
race, gender, religion, national origin, sexual orientation, marital status, disability, or age.
G. Industry standards. Consultant represents and warrants that he will perform his 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.
H. Entire agreement; modification. This Agreement embodies the entire agreement and
understanding between the parties pertaining to the subject matter of this Agreement, and
supersedes all prior agreements, understandings, negotiations, representations, and
discussions, whether verbal or written, of the parties pertaining to that subject matter.
PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC ART CONSULTING SERVICES PAGE 3 OF 7
The Agreement may not be changed, amended, or superseded unless by means of writing
executed by both Parties hereto.
I. Exhibits. All exhibits to this Agreement are incorporated by reference and made a part
of this Agreement as if the exhibits were set forth in their entirety in this Agreement.
Assignment. Consultant may not subcontract, assign, or transfer any right or duty arising
hereunder without the prior written consent of the City. Any subcontractor, transferee, or
assignee shall be bound by all of the terms and conditions of this Agreement. City may
withhold its consent to assignment, succession or other transfer of Consultant's rights and
responsibilities under this Agreement, when City, in its reasonable discretion, determines
that the proposed transaction would not serve the best interest of the City of Meridian.
The provisions of this Agreement shall bind and inure to the benefit of the parties and
their respective successors and permitted assigns.
K. Termination. 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 City, become City's property, and Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed hereunder.
This Agreement may be terminated as follows:
1. Termination for convenience. City may terminate this Agreement in whole, or in
part, for the convenience of the City when both parties agree that the continuation of
the project is not in the best interest of both parties and that further expenditure of
funds will not produce satisfactory results. The parties shall agree in writing upon the
conditions, effective date and fair and reasonable payment for services reasonably
performed to the date of termination.
2. Termination for cause. If City determines that Consultant has failed to comply with
the terms and conditions of this Agreement, violated any of the covenants,
agreements, and/or stipulations of this Agreement, falsified any record or document
required to be prepared under this Agreement, engaged in fraud, dishonesty, or any
other act of misconduct in the performance of this Agreement, the City may terminate
this Agreement in whole, or in part, at any time, by giving formal notice to
Consultant, in the manner herein provided, of any or all deficiencies claimed. The
formal notice will be sufficient for all purposes if it describes the default in general
terms and provides a reasonable time to cure. If all defaults are not cured and
corrected within the reasonable period as specified in the formal notice, the City may,
with no further notice, declare this Agreement to be terminated. Consultant will
thereafter be entitled to receive payment for those services reasonably performed to
the date of termination, less the amount of reasonable damages suffered by the City by
reason of Consultant's failure to comply with this Agreement.
Notwithstanding the above or any other provision of this Agreement, Consultant shall not
be relieved of liability to City for damages sustained by City by virtue of any breach of
PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC ART CONSULTING SERVICES PAGE 4 OF 7
this Agreement by Consultant, and City may withhold any payments to Consultant for the
purposes of set-off until such time as the exact amount of damages clue City from
Consultant is determined. This provision shall survive the termination of tills Agreement
and shall not relieve Consultant of liability to City for damages.
L. Nonwaiver. A waiver of any right, remedy or provision provided in this Agreement or
by law shall not constitute a waiver of any other rights, remedies or provisions, whether
or not similar, nor shall any waiver in one instance constitute a waiver in any other
instance or constitute a continuing waiver. The rights and remedies provided herein are
not exclusive and are in addition to any other rights and remedies provided by law or
under this Agreement. City shall not be required to reinstate any provisions of this
Agreement following a waiver for the provision to be ef'f'ective in ay nother instance.
M. 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. The
invalidity or unenforceability of any particular provision of this Agreement shall not
affect the other provisions, and this Agreement shall be construed in all respects as if any
invalid or unenforceable provision were omitted.
N. Attorney fees. In the event an action, suit, or proceeding, including appeal therefrom, is
brought for failure to observe any of the terms ofthis Agreement, the non -prevailing party
shall be responsible for the prevailing party's attorney's fees, expenses, costs, and
disbursements for said action, suit, proceeding or appeal.
O. Governing law; venue. This Agreement shall be governed and construed in accordance
with the laws of the State of Idaho without resort to any jurisdiction's conflict of laws,
rules or doctrines. Any claim, action, suit or proceeding between the City and Contractor
that arises from or relates to this Agreement shall be brought and conducted solely and
exclusively with the Fourth Judicial District Court of Ada Count}/ for the State of Idaho.
Provided, however, if the claim must be brought in a federal forum, then it shall be
brought and conducted exclusively within the United States District Court for Idaho.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this
day of June, 2012.
CONS LT NT: CITY OF MERIDIAN:
44
rlxBogU
ark Johnstone jg�` u°�7,012 °sT' vmny d W erd, Mayor
City of Att st:
E IDIAN�__ {
.a
IDAHO
,,, `.,,"•
S.
FyT� ycee o man, City Clerk
°41de THBA9��
PROFESSIONAL SERVICES AGREENIENT FOR PUBLIC ART CONSULTING SERVICES PAGE 5 OF 7
DEADLINEI SERVICES AND DELIVERABLES CONTRIBUTIONS AND
PROVIDED BY CONSULTANT DECISIONS MADE BY CITY
By
7/27/12
Between
8/6/12 and
8/10/12
- r��wuu uiw�ui� wlui �.i�:y -
Project Manager,
• Prepare project budget •
• Design artist selection
process and eligibility
• Pre` are project schedu
• Release Call to Artists in
electronic and printed
formats; due date of 9/10/12
• Prepare and distribute press
release regarding Call to
Artists
• Present, in Meridian, an
Artist workshop on how to
respond to Call to
Artists/RFQ
PAYMENT
SCHEDULE
• Approval of press release by
Mayor's Chief of Staff (as to
form and content)
• Posting on City webpage
• Posting on City social media
• Provide artist mailing list
• Host workshop
Upon
• Provide use of computer
completion
with PowerPoint capability,
of Project
projector, screen
Phase 2:
$1,600.00
PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC ART CONSULTING SERVICES PAGE 6 OF 7
DEADLINEI SERVICES AND DELIVERABLES CONTRIBUTIONS AND I PAYMENT
PROVIDED BY CONSULTANT DECISIONS MADE BY CITY SCHEDULE
By
9/21/12
d 10/15/12
Between
10/19/12
0.i and
H
U 11/7/12
ti
°a
a
• Provide notification of
selection and RFP to
finalists; proposal due date of
10/15/12
• Notification of decision to
non -finalists
Responses to RFP due
• Coordinate with artists to set
up display of proposal at
designated sites
• Prepare and distribute press
release regarding public input
Between • Convene RFP Selection
11/7/12 Panel
and • Oversee selection of selected
11/16/12 artist
By • F
kn 11/19/12 si
� • 1`
� tl
ration of
ted artist
• Schedule display sites for
public input
• Approval of press release by
Mayor's Chief of Staff (as to
form and content)
• Posting on City webpage
Posting on City social media
• Designate 5-7 members for
RFQ Selection Panel
• Host meeting
• Provide use of computer
with PowerPoint capability,
projector, screen
TOTAL PAYMENT:
Upon
completion
of Project
Phase 4:
$ 3,200.00
000.00
PROFESSIONAL SERVICES AGREEMENT FOR PUBLIC ART CONSULTING SERVICES PAGE 7 OF 7
D - 26, 2012 ITEM NUMBER: 5F
of the Arts Establishing Terms and Conditions of Artist in Residence Program for a Not -to -
Exceed Amount of $1,500.00
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
PROFESSIONAL SERVICES AGREEMENT WITH
PIONEER SCHOOL OF THE ARTS
This PROFESSIONAL SERVICES AGREEMENT WITH PIONEER SCHOOL OF THE
ARTS (hereinafter "Agreement") is made this 6 day of �v , 2012 (the "Effective Date"), by and
between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho
("City"), through the duly delegated Meridian Arts Commission, and Pioneer School of the Arts, a
public elementary school in Meridian Joint School District no. 2 ("School").
WHEREAS, the mission of the Meridian Arts Commission is to develop, advance, and nurture
all facets of the arts to enhance the quality of life for Meridian residents and its visitors;
WHEREAS, School is dedicated to providing its students a well-rounded educational
experience that includes the creative arts;
WHEREAS, the respective leaders of City and School find that these missions complement
each other and wish to work together to provide opportunities for School's students to explore and
achieve respect and accountability through the study of and active participation in the performing arts;
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged and agreed, and in consideration of the mutual promises and covenants
herein contained, and in consideration of the recitals above, which are incorporated herein, City and
School agree as follows:
1. Statement of Work. School shall provide programming as described in the project narrative asset
forth in Exhibit A, which narrative is incorporated herein by reference and made a part of this
Agreement as if set forth in its entirety in this Agreement.
2. Compensation and payment. Upon completion of services described herein, and School's
provision to City of a completed W-9 form, City shall pay School for professional services set forth
herein in the amount of one thousand five hundred dollaxs ($1,500.00) by check sent U.S. Mail,
3. 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 via United States mail, addressed as
follows:
Pioneer School of the Arts City of Meridian
David Jakious, Principal Emily Kane, Deputy City Attorney
13255 W. McMillan Road 33 East Broadway Ave
Boise ID 83713 Meridian ID 83642
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.
4. Assignment. City shall not assign or sublet all or any portion of City's interest in this Agreement
or any privilege or right hereunder, either voluntarily or involuntarily, without the prior written
consent of School. School shall not assign or sublet all or any portion of School's interest in this
Agreement or any privilege or right hereunder, either voluntarily or involuntarily, without the prior
written consent of City. This Agreement and each and all of the terms and conditions hereof shall
PROFESSIONAL SERVICES AGREEMENT WITH PIONEER SCHOOL OF THE ARTs PAGE 1 OF 3
apply to and are binding upon the respective organizations, legal representatives, successors, and
assigns of the parties.
5. No agency. Neither School nor its employees, agents, contractors, officials, officers, servants,
guests, and/or invitees shall be considered agents of City in any manner or for any purpose.
b. Compliance with laws. In performing the scope of services required hereunder, City and School
shall comply with all applicable laws, ordinances, and codes of Federal, State, and local
governments.
7. Discrimination prohibited. In performing the Services required herein, School shall not
discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry,
age or physical handicap.
8. 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.
9. 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.
10. Applicable Law. This Agreement shall be governed by and construed and enforced in accordance
with the laws of the State of Idaho.
11. Approval Required. This Agreement shall not become effective or binding until approved by the
respective governing bodies of both City and School.
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.
PIONEER SCHOOL OF THE ARTS:
BY:
avid Jakious, Principa
CITY OF MERIDIAN:
BY:
Tammy
Mayor �5
AUCj
T
City of J
TIIANt
DAHO
� Sy?qg
<<he TREA5�40
Clerk
PROFESSIONAL SERVICES AGREEMENT WITH PIONEER SCHOOL OF THE ARTS PAGE 2 OF 3
PROFESSIONAL. SERVICES AGREEMENT WITH PIONEER SCHOOL OF THE ARTS PAGE 3 OF 3
Proposal: 2012 ARTIST IN RESIDENCE PROJECT
*Pioneer School of the Arts
--The Magnetic Power of Murals... Bringing a School Community Together --
1, Describe the proposed project and the school in which it will be implemented,
• Pioneer School of the Arts is an elementary art magnet school within Joint School
District 42. Teachers at Pioneer creatively address state and district standards by utilizing
visual and performing arts activities in the classroom. These experiences provide a
means for students to construct their own knowledge and a deeper understanding of
important concepts.
• The project we are proposing for Pioneer is a series of murals. These murals will focus
on how each grade level incorporates the school's arts based curriculum into general
classroom study.
• We hope to hire Jennifer Williams as our professional teaching artist. Jennifer will
collaborate with each grade level to create mural designs, After the final designs are
selected, Jennifer will also facilitate the process of transferring and painting the
completed images.
2. Describe the population of students expected to benefit from the project.
o Pioneer School of the Arts is a IC -5 elementary school with a population of approximately
700 students, all of whom would participate in this project, Located in a suburban area of
West Boise in Joint School District #2, Pioneer is surrounded by residential dwellings,
predominantly single-family homes.
• Due to our sizable population and magnet -school status, we feel that community -building
is essential for our students. Students have limited opportunities to interact with other
classes or grade levels and we have a number of students who come to our school from
outside its residential boundaries. This project will allow grade levels to work more
closely together and give the entire school population a sense of unity and shared goals,
Working with a professional artist in this capacity will help our students feel connected to
the mission and purpose of our arts school and to each other,
3. Identify what you would like participants to know or be able to do as an outcome of
your project.
Objectives:
• Students will demonstrate mastery of classroom content knowledge through mural
making in the visual arts classroom.
• Students will work collectively to create murals that include the elements of art.
• Students will replicate an art technique of a given artist or era.
• Students will collaborate with an artist in residence to plan curriculum -based murals.
When trying to plan a project that will build a sense of unity at Pioneer, one must remember that
a community cannot be built by a single set of hands, The following is a list of educators and the
artist that will be involved in this mural project which includes their roles; qualifications and
responsibilities.
® All K -S classroom teachers: Pioneer is very fortunate to have capable, knowledgeable
staff members, many of whom have been formally trained in the practice of arts
integration. All classroom teachers will have a role in working with the resident artist to
develop their grade level mural theme as well as specific mural imagery.
® Two certified art specialists: Being an art magnet school, Pioneer has two art specialists
on staff that has extensive content knowledge in visual art elements and design as well as
art history. With their previous experience in mural making — they are more than
qualified to serve as a support to teachers and the resident artist.
® We are proposing the services of teaching artist from the Idaho Commission on the arts,
Jennifer Williams to act as the resident artist. The prospect of having Mrs. Williams
would suit every objective in this project. More specifically, Mrs. Williams has an
extensive and impressive resume primarily focused on her time spent throughout
classrooms in the state of Idaho focused on mural making.
In addition to qualified staff, eager students and the services of Mrs. Williams, Pioneer is more
than equipped to obtain materials and equipment that will be vital to the execution of this mural.
The primary funding will occur through in-kind donations provided by Pioneer PTA, local
merchants and reaching into the existing inventory of supplies at Pioneer. A more detailed
breakdown of these in kind donations is attached.
With regards to space, Pioneer is well equipped. In addition to spacious classrooms, the two art
labs, an extra classroom is also available several times each week. Through approval from the
administrative staff, one of these options will be used as the primary space for mural painting
with Mrs. Williams.
The mural will be mounted on the exterior walls of the School; therefore, with guidance from the
administrative staff, teachers will liaison with the district office to obtain approval for the
particular imagery displayed. It is important to note that Pioneer has already obtained pre -
approval to mount murals on exterior school walls; so final approval for this proposal should be
easily obtained.
• Students will identify the purpose for public artwork and murals.
• Students will respect their own and others' artistic contributions.
• Students will collaborate to write an artist statement for curriculum -based murals,
The objectives listed above will guide classroom teachers, art teachers, students, and the artist in
residence in the planning and creation of the murals. Through collaboration, classroom teachers,
the school's art teachers, and students will determine grade -relevant topics, which connect to
classroom curriculum and state standards, The art teachers and artist -in -residence will
collaborate to determine specific art elements for each grade level to master, They will also
determine specific artists, eras, or art techniques for each grade level to replicate. Each grade
level will collaborate to create an artist's statement for their mural; students will state the
classroom content knowledge represented, artistic elements, art concepts, and purpose for their
murals.
4. Describe the project activities.
The question might be posed, why does an art magnet program need an artist in residence to
help create a mural? Aren't they equipped with a knowledgeable staff and a budget, for supplies?
At Pioneer, we are fortunate to have access to these things; however, we lack something that is
fundamental in many schools — a spirit of school community. With a population of over 700,
Pioneer staff and students thirst to find avenues to build community. We feel the activities
associated with this mural project will meet several important learning objectives; such as
improving knowledge skills specific to their grade level curriculum, reinforcement of visual arts
standards, learning how to collaborate effectively, as well as having the exposure to an artist in
residence. This will help to provide Pioneer with a school community project that would build a
sense of unity. Imagine walking into your place of work where you are greeted each morning
with a visual image that you had a hand in creating. Whether you are a student or staff member,
this daily interaction would undoubtedly strengthen the connection to your school community,
The specific learning activities to achieve these objectives are as follows;
• Working with classroom teachers and art specialists to create a visual representation
(large bold black and white drawings) to showcase their understanding of the content area
theme as well as visual arts elements such as line, shape, texture and space,
• Working with the artist in residence to paint the mural will help students gain respect for
their own and others artistic contributions, identify the purpose for public artwork and
murals, and increase their understanding of the visual art elements, Additionally, students
will develop group skills, working together to produce material for their grade level
mural, and appreciating art as a vehicle for public expression of ideas
• Students will work with classroom teachers to generate an artist's statement about their
grade level mural increasing student understanding of how visual elements can bridge
learning concepts in various subject areas.
Curriculum and collaboration are the two key words associated with the specific lesson planning
and learning guides of the project. The lesson plan to be used as a guideline for the resident
artists and Pioneer staff is attached with a breakdown of the timeline.
Lesson Plan Guideline
Objectives:
• To create a 4'x8' plywood mural to represent a concept specific to your grade level
curriculum.
• The planning of the mural will be a collaborative effort between the resident artist,
classroom teachers, as well as the support of art specialists.
• Learning objectives areas follows:
Planned Activities: This project being so large in scale will take place over the course of the
2012-2013 school year, More specifically, will follow a timeline that adheres to the 3 trimesters
we follow at Pioneer. Each trimester is 12 weeks in length.
Fall Trimester
• Collaboration among grade levels to determine a concept within grade level curriculum
that would become the theme of the mural.
• A meeting between the resident artist and grade level team would take place to further
determine planning for specific imagery.
Winter Trimester
• Students will generate visual imagery in the form of large, bold, simplistic black and
white line drawings — this activity would be supported through the assistance of on-site
art specialists.
• Student imagery is submitted to resident artist who will use the images to generate a
composition onto a 4'x 8' plywood sheet.
Spring Trimester
• Students will then work with resident artist to paint the mural.
• Resident artist and art specialists would seal the murals and arrange for display.
Fill in all fields that are applicable to your proposed project, rounding to the nearest dollar.
Neatly handwrite or type in 12 -point font. Footnotes providing detailed information may be
included on a separate page. Total Project Expenses must equal Total Project Revenue.
Name: Lindsey Bisbee, Sarah Sessions, Carrie Hanousek, Gwen Mitchell, Lacey Watkins
X Educators Teaching Artist
Name: Jennifer Williams
_ Educator X Teaching Artist
PROJECT EXPENSES
Professional services:
Teaching Artist Fee (# hrs 50 x rate $ 30 )
Related expenses:
Lodging
Travel
Supplies
Documentation
Evaluation
Equipment rental/lease
Postage/printing
Other
TOTAL PROJECT EXPENSES: $ 3,000.00
U_"G 1 6-HrrWj4l01-t
$ 1,500.00
$ 1,500.00
4
Applicant cash contribution: $ 500.00
Other revenue (Identify
Other revenue (Identify
In-kind contributions* (list with sources on separate page) $ 1,000.00
MAC Professional Services Agreement (up to $1,500) $. 1,500,00
TOTAL PROJECT REVENUE: $ 3.000.00
*In-kind contributions are goods and services, donated by individuals and organizations other than the
applicant, that can be given a cash value, They directly benefit the proposed activity, demonstrate
community support, and must correspond with project expenses,
Itemized List of In-kind Contributions:
• Exterior Paint: $332.33
• Paintbrushes: $215,00
• Plywood: $262.45
• Drop Cloths: $67.84
• Sealer: $57.85
® Primer: $64.53
Total: $9,000.00
• •
W.MMI,une 26, 2012 ITEM NUMBER: 5
��Q� xQAVh111 - #1:
ITEM TITLE: Professional Services Agreement wl Martin & Park, Inc.
for Real Property Appraisal Services
MEETING NOTES
4,,,q4r1,"w
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
AGREEMENT
FOR
PROFESSIONAL SERVICES
THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 15th day of
June, 2012, 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 Martin & Park, Inc,
hereinafter referred to as "CONSULTANT", whose business address is P.O. Box 198,
Boise, ID 83701.
INTRODUCTION
WHEREAS, the City has a need for real estate appraisal 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
1. Scope of Services:
1.1 CONSULTANT shall perform and furnish to the City upon execution
of this Agreement, 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, ri htable, the Consultant may copyright the same, except that, as to
any work which is copyrighted by the Consultant, the City reserves a
royalty -free, non-exclusive, and irrevocable license to reproduce, publish
and use such work, or any part thereof, and to authorize others to do so.
Appraisal Services page 1 of 10
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 compensated on a Lump
Sum basis as provided in Attachment B "Payment Schedule" attached
hereto and by reference made a part hereof.
2.2 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 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 of overtime, health insurance benefits, retirement
benefits, paid holidays or other paid leaves of absence of any type or kind
whatsoever.
Appraisal Services page 2 of 10
3. Time of Performance:
This agreement shall become effective upon execution by both parties,
and shall expire upon completion of the agreed upon services, September
30, 2012 or unless sooner terminated as provided below or unless some
other method or time of termination is listed in Attachment A. This
Agreement shall terminate automatically on the occurrence of (a)
bankruptcy or insolvency of either party, or (b) sale of Consultants
business.
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 follows: Professional Liability / Professional errors
and omissions One Million Dollars ($1,000,000) aggregate. The limits of
Appraisal Services page 3 of 10
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 Agent
33 E. Broadway Avenue
Meridian, Idaho 83642
Martin & Park, Inc
Ross Park
P.O. Box 198
Boise, ID 83701
Ph. (208) 258-2200
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
Appraisal Services page 4 of 10
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,
Appraisal Services page 5 of 10
records of 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
Appraisal Services page 6 of 10
determined. This 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 g 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.
END OF TEXT. SIGNATURES TO FOLLOW ON NEXT PAGE.
Appraisal Services page 7 of 10
CITY OF MERIDIAN
MARTIN & PARK, INC
BY:
BY: TAMMY6e VE RD, MAYOR er Martin, President
Attest:
CEECyOLMAN, CITY CLERK
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NO
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Of the TREhsV
Approved as to Content
BY:
KEITH WATTS, PURCHASING AGENT
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Dated: 5 Z
Approved as to Form
CITY ATTORNEY
DATE
Appraisal
Services page 8 of 10
Department pproval
BY:
�i/�-
NAME: "S11*4Z Ai
TITLE: Pu��r � �e� v�«�
Dated: 71'4 liZ-
Attachment A
SCOPE OF SERVICES
See Attached Reponse To RFQ
Additional Information
We will perform our services in accordance with sound appraisal practice, USPAP, and the
Code of Professional Ethics of the Appraisal Institute. Those standards require us to
perform the appraisal with impartiality, objectivity, and independent judgment.
The appraisal reports will be prepared for the intended use by the City of Meridian. As a
public entity the City of Meridian will make the appraisal reports available as public
record. We are not responsible for use of the appraisal reports by anyone other than the
Client and for any use but the intended use listed in the RFQ.
Martin & Park, Inc. does not assure or guarantee any preconceived value to the Client or to
any other user of the appraisal.
Client agrees to pay Martin & Park, Inc. as compensation for the provided professional
appraisal services as specified in Attachment B. Client understands and agrees the
obligation to pay the fee is not conditioned on the opinions provided in the appraisal
reports.
All statements of fact in the appraisal which are used as the basis of the appraisers'
analyses, opinions, and conclusions will be true and correct to the best of the appraisers'
knowledge and belief. Martin & Park, Inc. shall have no responsibility for legal matters;
questions of survey; opinion of title; soil or subsoil conditions; engineering; technical
matters; or hazardous waste substances. Martin & Park, Inc. does not have expertise to
advise in any of the foregoing matters. Martin & Park, Inc. will disclose the existence of
any such issues should they become known to us prior to or during the course of our
analysis of the subject property.
In the event any provision of this agreement shall be determined to be void or
unenforceable by any court, then such determination shall not affect any other provision of
this agreement and all other provisions shall remain in full force and effect.
Martin & Park, Inc. shall not provide a copy of the appraisal reports, or disclose the results
of the appraisals prepared in accordance with this agreement, to any party other than
Client, unless Client authorizes, except as stipulated in the Confidentiality Section of the
Ethics Rule of USPAP.
Appraisal Services page 9 of 10
Attachment B
PAYMENT SCHEDULE
Total compensation for this agreement will be $8,000. The appraiser's obligations pursuant
to this agreement are complete when the appraisal reports are delivered to client. If the
client elects not to have appraisals completed following the delivery of the preliminary
value estimates the full fee will be due at that time. M&P agrees to be responsive to client's
legitimate inquiries regarding the contents of the reports after delivery.
The client may cancel our services prior to issuance of the preliminary value estimates by
written notice to MARTIN & PARK, INC. In such event, the client will be billed for all time
and expenses incurred up to cancellation at our hourly rate of $125.00, not to exceed the
agreed upon fee for the complete appraisals.
If the client or anyone requires MARTIN & PARK, INC. (or its employees or agents) to prepare
for, testify, or be in attendance at any court or administrative law proceeding relating to
this appraisal, or attend conferences relating thereto, the client agrees to pay MARTIN AND
PARK, INC. for any such efforts in full in advance at our then current standard hourly rate
for such services. Our current hourly rate is $250.00 per hour.
Appraisal Services page 10 of 10
E IDIAN;--
PURCHASING
DEPARTMENT
33 East Broadway Avenue,
Meridian, ID 83642
Phone: (208) 888-4433
Fax: (208) 887-4813
REQUEST FOR QUALIFICATIONS
PROJECT NO. PKS-12-10361
FOR:
COMMERCIAL REAL ESTATE APPRAISAL SERVICES--
APPRAISAL REPORTS PREPARED IN ACCORDANCE WITH
UNIFORM FEDERAL APPRAISAL STANDARDS ON FOUR
PARCELS FOR LWCF CONVERSION LAND EXCHANGE AT
AND NEAR STOREY PARK, MERIDIAN IDAHO
QUALIFICATIONS MUST BE RECEIVED PRIOR TO
4:00 P.M.
JUNE 11.2012
DELIVER TO: CITY OF MERIDIAN, PURCHASING DIVISION OF THE
FINANCE DEPARTMENT
33 EAST BROADWAY AVENUE
MERIDIAN, ID 83642
Prepared by: TED BAIRD, Deputy City Attorney
NAME AND ADDRESS OF VENDOR SUBMITTING QUALIFICATIONS
� NAME: Ross Park, MAI ADDRESS:
PO Box 198
Boise, ID 83701 6, �
PART I
NOTICE CALLING FOR QUALIFICATIONS
PURPOSE
The City of Meridian is soliciting Qualifications from individuals or firms capable
of providing professional commercial real estate appraisal services to assist the
City in determining the value of four parcels of land being considered for a land
exchange. The appraisal reports must be prepared utilizing the Uniform
Appraisal Standards for Federal Land Acquisitions (UASFLA).
REASON FOR THE LAND TRADE 1 STATEMENT OF PURPOSE
Meridian's oldest City park, Storey Park, was acquired utilizing federal Land and
Water Conservation funds (LWCF). One LWCF requirement is that the parkland
be used exclusively for "outdoor recreational purposes." Any use of LWCF lands
that is not an outdoor recreational purpose requires that the land be replaced.
The newly acquired property becomes a replacement site for the outdoor
recreational uses displaced by the change in use of the original property {termed
an "LWCF Conversion"}.
Recently, an undeveloped portion of Storey Park Was put into use as a site for a
municipal potable water well, therefore taking that portion of the park out of
"outdoor recreational use." Because of this change in use, the City of Meridian
must acquire new land for recreational purposes on a dollar -for -dollar basis in
order to comply with LWCF conversion requirements. The Well lot is identified as
Parcel #1 on the map on page 4 of this document.
This situation has resulted in an opportunity for the City to perform some master
planning for the balance of the undeveloped portion of Storey Park to maximize
its usefulness and improve traffic circulation for park users. This undeveloped
portion of Storey Park is situated to the East of the Meridian Speedway. A
portion of the parkland is used routinely by the Meridian Speedway for parking
and as an extension of the pit area. The City and the operator of the Speedway
have been in discussions about trading this portion of Storey Park to the
Speedway, necessitating that the traded portion be replaced with like -value land
to be used by the City for recreational purposes. The potential trade parcel to go
to the Speedway is identified as Parcel #2 on the map on page 4 of this
document.
The operator of the Speedway owns two parcels of bare land that the City could
acquire by trade and add to Storey Park to meet the LWCF conversion
requirements. One parcel is located on Franklin Road, adjoining the park to the
North. The second parcel is located on Watertower Drive, adjoining the park to
the South. These parcels are identified as Parcels #3 and #4, respectively, on
the reap on page 4 of this document.
2 of 15
To comply with the LWCF conversion requirements, the well lot must be traded
for property of equal value, and the Speedway pit extension parcel must also be
traded for property of equal value. With the potential trade parcels having been
identified, the next step in the LWCF conversion process is to have each parcel
appraised to determine market value according to the UASFLA .
The well lot site and the Speedway pit extension parcel have been tentatively
identified, but legal descriptions have not been prepared at this time. It is
anticipated that the size of the Speedway pit extension parcel would be
expanded or contracted in order to meet the requirements of a like -value
exchange, so the appraisal should include a per -square foot value to assist in
determining value for the exchange.
CHALLENGES AND QUESTIONS PRESENTED
Respondents should consider the following challenges presented and respond to
the questions in their written response to this RFQ in order to demonstrate the
respondent's professional competency and familiarity with the UASFLA
1. The UASFLA require each appraised parcel to be identified according to
particular requirements. The City will be looking to the person or firm
selected to perform these appraisals for assistance in determining whether
the parcels to be taken out of Storey park need to have their own legal
descriptions created prior to the appraisal, or whether the UASFLA can be
met by identifying a per -square foot value and creating a legal description
after the appraisal report has been produced. In other words, based on the
UASFLA, can parcels #1 and #2 be appraised on a square foot basis as part
of the larger park parcel, or will separate legal descriptions need to be
prepared for purposes of these appraisals?
Response to Question 1
There is a way to accommodate what the parties involved in the prospective
exchange are attempting to accorriplish and still comply with UASFLA. With
regard to land exchanges UASFLA references 43 C.F.R. 2201.1(b) which
reads, "To assess the feasibility of an exchange proposal, the prospective
parties may agree to obtain a preliminary estimate of the values of the lands
involved in the proposal. The preliminary estimate is generally not an
appraisal but shall be prepared by a qualified appraiser." This type of
preliminary estimate is not allowed under USPAP. However, it is permitted
within UASFLA based on a jurisdictional exception to USPAP.
We could prepare the preliminary estimates for all four parcels. Based on
those estimates the appropriate sizes could be determined for Parcels 1 and
2. Legal descriptions could then be prepared for use in the appraisals.
Cour objective as appraisers would be to determine market value for each
parcel. It is possible that the value conclusions would not allow a feasible
exchange even with adjustments to the sizes of Parcels 1 and 2.
3 of 15
2. Another question to be answered by the selected appraiser is how to deal
with the value of the well lot to be severed from Storey Park. The well
infrastructure has increased the value of the parcel, and the City is unsure
whether the value of the well infrastructure must be considered in valuing the
parcel pursuant to the UASFLA. What principles determine how to deal with
the value of the water well infrastructure?
Response to Question 2
The decision whether to include the value of the well improvements or not
would be up to the City of Meridian. The argument against attributing value to
the well improvements is persuasive to us as appraisers given that LWC
funds were used to purchase the land but not the well infrastructure.
However, UASFLA indicates that the determination needs to be made by the
client agency.
Section B-2 p. 33 of UASFLA reads as follows, "Government -constructed
buildings and improvements put on the property during the government=s prior
occupancy (e.g., when the government begins construction of the public
improvement prior to the transfer of title and the effective date of the
appraisal, or when the government made the improvements as a prior lessee
of the property) are often excluded from consideration in estimating market
value, depending upon the specific facts of the case. Therefore, appraisers
who encounter government -constructed improvements on the property to be
appraised as of the effective date of the appraisal should request written
instructions from the client agency or legal counsel on how the improvements
should be treated."
The footnote to that paragraph offers a number of cases for legal counsel to
refer to in determining how to deal with the improvements.
USPAP allows for the underlying land of an improved property to be valued
independently of the improvements. (Standards Rule 1-2(e))
3. The final question has to do with how the appraiser will determine the value of
the lot to be traded from the City Park to become a part of the Meridian
Speedway complex. What principles will determine whether this trade parcel
(identified as Parcel #2) will be valued as a discrete parcel or as part of the
Speedway parcel to which it will be appended?
Response to Question 3
wwr�... ir.■ r r. i
Parcel 2 could possibly be valued as part of a larger parcel or could possibly
be valued as its own parcel. This determination would be part of the
appraisal process. Under the larger parcel valuation scenario the larger
parcel would most likely be a portion or the entirety of the park site of which
Parcel 2 is currently a part.
4 of 15
SCOPE of WORK
Prepare four complete appraisal reports, one for each discrete parcel being
considered for the trade transaction. Each report must be prepared in
accordance with the requirements of the UASFLA as required by the LWCF
Conversion requirements.
PRESENTATIONS
Those respondents which are determined to be best qualified to undertake the
services required under this Request for Qualifications may be asked to answer
questions and/or be invited to make a presentation to the City either by telephone
or in person. Further information may be provided to the prospective
respondents after the initial selection.
5 of 15
SUBMITTAL REQUIREMENTS
One (1) original and four (4) copies of the respondents sealed Qualifications will
be received by the City until 4:00 p.m., MT on Monday June 11, 2012 at the
office of the Purchasing Manager, City of Meridian, 33 East Broadway Avenue,
Meridian, Idaho 83642.
The Qualifications must contain, but are not limited to the following information:
'1. Completed Qualifications form submitted on PART Ill -A PROPOSAL
FORM.
2. A summary of the respondents experience with projects similar to the
types of work stated in this Request for Qualifications, submitted on PART
III -B, RESPONDENT'S EXPERIENCE STATEMENT.
4. Any additional information which the respondent deems appropriate, including
any relevant comments on the questions presented in the scope of
work/statement of purpose to demonstrate the respondent's familiarity with
the UAS F LA.
5. Pricing and ability to produce deliverables in a timely manner.
CITY'S REPRESENTATIVES
Purchasing Representative
Keith Watts, Purchasing Manager
33 East Broadway
Meridian, ID 83642
(208)888-4433
Fax (208) 887-4813
Technical Representative
Ted Baird, Deputy City Attorney
33 East Broadway
Meridian, ID 83642
(208) 888-3579
Fax (208) 898-5501
tba�ird_@meld iancity.arg
Any and all explanations desired by a respondent regarding the meaning or
interpretation of this Request for Qualifications or any part thereof must be
requested in writing and directed to the person named as the Technical
Representative and in accordance with Part II, section 1 "EXPLANATIONS TO
RESPONDENTS". Violation(s) may be caused for rejection of the Qualifications.
8 of 15
PART II
INSTRUCTIONS TO RESPONDENTS
1. EXPLANATIONS TO RESPONDENTS
Any explanation desired by a respondent regarding the meaning or interpretation
of the Request for Qualifications, or any part thereof, must be requested in
writing( via U.S. Mail or email) and with sufficient time allowed for a reply to
reach respondent before the submission of their Qualifications any
interpretation made will be in the form of an addendum to the Request for
Qualifications, issued by the Purchasing Agent, and will be furnished to all
prospective respondents of record. Oral explanations or instructions given
before Qualifications opening will not be binding.
2. CONDITIONS AFFECTING THE WORK
Before submitting Qualifications, each respondent must (1) examine the Request
for Qualifications documents thoroughly; (2) familiarize himself/herself with
Federal, State and Local laws, ordinances, rules and regulations that may, in any
manner, affect cost, progress or performance of the work; and (3) study and
carefully correlate respondent's observations with the Request for Qualifications.
Failure to do so will not relieve respondent from responsibility for estimating
properly the difficulty or cost of successfully performing the work. The City will
assume no responsibility for any understanding or representations concerning
conditions made by any of its officers or agents prior to the execution of the
contract, unless included in the Request for Qualifications, or any addendum.
3. SUBMISSION OF QUALIFICATIONS
Interested firms or individuals shall submit one (1) original and four (4) copies of
their response in accordance with this Request for Qualifications and must be
sealed and addressed as directed below. Failure to do so may result in a
premature opening of, or a failure to open, such Qualifications. Such premature
or late opening, or failure to open, may result in disqualification of the
Qualifications. The outside of the envelope must bear the notation:
Project Number PKS4 24 0361
COMMERCIAL REAL ESTATE APPRAISAL SERVICES — APPRAISAL REPORTS
ON FOUR PARCELS FOR LWCF CONVERSION LAND EXCHANGE AT AND NEAR
STOREY PARK, MERIDIAN IDAHO
JUNE 11, 2012 4:00 P.M.
The envelope must be addressed and delivered to: City of Meridian, Purchasing Department, 33
East Broadway Avenue, Meridian, Idaho 83642.
7 of 15
4. LATE QUALIFICATIONS AND MODIFICATIONS
Qualifications and modifications thereof received after the exact time of closing of
Qualifications which is 4:00 p.m. MT, JUNE 259 2010 will not be considered.
5. WITHDRAWL OF QUALIFICATIONS
Unless otherwise specified, Qualifications may be withdrawn by written request,
received from respondent prior to the time set for closing of Qualifications.
6. INTENT OF THE CITY
The objective of this Request for Qualifications is to provide sufficient information
to enable qualified respondents to submit written Qualifications. This Request for
Qualifications is not a contractual offer or commitment to purchase services.
Contents of this Request for Qualifications and respondent's Qualifications will be
used for establishment of final contractual obligation. It is to be understood that
this Request for Qualifications and the respondent's Qualifications may be
attached or included by reference in an agreement between the City and
successful respondent.
7. GENERAL TERMS AND CONDITIONS
The City reserves the right to waive any informalities or minor irregularities in
connection with the Qualifications received.
Alternate Qualifications will be considered unless otherwise stipulated.
The City of Meridian does not discriminate on the basis of race, religion, sex,
national origin, marital status, age, and physical handicap, ownership by women
or minorities or sexual orientation.
8. BASIS FOR SELECTION
This Request for Qualifications will be evaluated utilizing the criteria listed below.
History from the current and previous projects and customers of the respondent
may be used to evaluate some of the criteria.
a. (10) Adherence to the RFQ.
b. (30) Demonstrated competence in the performance of the type of work to be
provided, including responses to the questions presented in fart I.
C. (20) The ability of respondent to perform the scope of work within a
reasonable time frame.
8 of 15
d, 20 Experience and References - The respondent's record of meeting project
schedules and deadlines, and the nature, quality, and relevance of
recently completed
i
P
Work.
e. (20) Cost —The reasonableness of the proposed fees for each of the four
appraisals.
The City reserves the right to reject any or all Qualifications, to make an award on the
basis of suitability to purpose or superior quality, to accept other than lowest
Qualifications or any other criteria the City believes to be in the best interest of the City.
After the City has identified the Qualifications with the best value for the City, the City
shall have the right to negotiate with the respondent over the final terms and conditions
of the contract. These negotiations may include bargaining. The primary objective of
the negotiations is to maximize the City's ability to obtain best value, based on the
requirement and the evaluation factors set forth in the Request for Qualifications. If an
agreement cannot be reached, the negotiation will be terminated and similar
negotiations will occur with the second ranked firm.
9. CONTRACT COMPLETION DATE
The successful respondent shall be required to (a) sign a City contract (b)
commence work under the contract within seven (7) calendar days after the date
the successful respondent receives the Notice to Proceed, (c) perform the work
diligently, and (d) complete the work by the completion date negotiated.
9 of 15
PART III
QUALIFICATIONS DOCUMENTS
A -QUALIFICATIONS FORM
In response to the Request for Qualifications, the undersigned respondent hereby
proposes to furnish labor, material, travel, professional services, permits, supervision,
Is
equipment and equipment rental and all related expenses, and to perform all work
necessary and required to complete the following project in strict accordance with the
terms of this Request for Qualifications and the final contract for the prices specified by
the respondent for:
Project Number PKS-12-10351
COMMERCIAL REAL ESTATE APPRAISAL SERVICES — APPRAISAL REPORTS
ON FOUR PARCELS FOR LWCF CONVERSION LAND EXCHANGE AT AND NEAR
STOREY PARC, MERIDIAN IDAHO
Respondent certifies that he/she has examined and is fully familiar with all of the
provision of the Request for Qualifications and any addendum thereto; that he/she is
submitting a Qualifications in strict accordance with the Instructions to Respondents;
and that he/she has carefully reviewed the accuracy of all attachments to this
Qualifications.
Respondent certifies that he/she has examined the Qualifications documents
thoroughly, studied and carefully correlated respondent's observations with the
Qualifications documents, and all other matters which can in any way affect the work or
the cost thereof.
Respondent agrees that this Qualifications constitutes a firm offer to the city which
cannot be withdrawn by the respondent for sixty (00) calendar days from the date of
actual opening of Qualifications. If awarded the contract, respondent agrees to execute
and deliver to the City within seven (7) calendar days after receipt of City's Conditional
Notice of Award, the applicable Contract form, insurance certificates and bonds (if
required).
Attached is the Respondent's Experience Statement (Part III, B) which has been
completed by respondent and made a part of this Qualifications.
Respondent certifies that he is currently registered as a Certified General Appraiser in
the State of Idaho.
Idaho Appraiser License No.
CGA 2769
10 of 15
Submitted by,
RESPONDENT'S BUSINESS NAME (type or print)
Martin & Park, Inc
By:
(signature in ink)
Date: 6/11/12
Name: Ross Park., MAI
Title: Commercial.Appraiser
RESPONDENT'S BUSINESS ADDRESS/PHONE/FAX/E-MAIL
P.O. Box 198
Boise, Idaho 83701
258-2200 (PH)
258-2108 (FAX)
Note: If respondent is a corporation, give 1 State of incorporation- if a partnership or joint
venture, give full names of all partners or joint venturers.
Tyler Martin, MAI
11 of 15
DECLARATION UNDER PENALTY OF PERJURY
The undersigned declares: that he/she holds the position indicated below as a
corporate officer or the owner or a partner in the business entity submitting this
Qualifications; that the undersigned is informed of all relevant facts surrounding the
preparation and submission of this Qualifications, that the undersigned knows and
represents and warrants to the city of Meridian that this Qualifications is prepared and
submitted without collusion with any other person, business entity, or corporation with
any interest in this Qualifications.
declare under penalty of perjury that the foregoing is true and correct.
CONTRACTOR/FIRM: Martin & Park, Inc.
wl1 1 - M .1■■.IY1��■rr�r�.w�� 1
BY: Ross Park, MAI
TITLE: Commercial Appraiser
rrr.rrrrrrrrw���iiwrr�.�■rr rrrrrrirrrr.�...i ori■■ ■ �
ADDRESS: P.O. Box 198
Boise, Idaho 83701
DATE: 6/11/2012 I
12 of 15
PART III
QUALIFICATIONS DOCUMENTS
B -RESPONDENT'S EXPERIENCE STATEMENT
The respondent submits as a part of its Qualifications, the following information as to its
experience and qualifications:
a. The respondent has been engaged in this business under its present business
name for 1 _ year.
b. Experience in work of a nature similar in type and magnitude to that set forth in
the request for Qualifications extends over a period of 6 . years.
C. The Respondent has satisfactorily completed all contracts awarded to it, except
as follows: (name any and all exceptions and reasons therefore.
n/a
d. List all work completed within the last ten (10) years of similar type and
magnitude as set forth in this Request for Qualifications, Please include a sheet
with all contact information and details of the project on a separate sheet,
OWNER YEAR TYPE OF CONTRACT
COMPLETED WORK AMOUNT
See Attached
e. List any relevant Professional Appraiser Designations (such as MAI, etc)
MAI
I certify that the above information is true and correct to the best of my knowledge.
Signed this 11th day of June 2012 at. Boise, -Idaho
(date) (month) (year) (city l state)
NAME OF RESPONDENT: Ross Park, MAI
Commercial Awraiser
(title)
13 of 15
Part III Qualifications Documents
Respondent's Experience Statement
d. List all work completed within the last ten (10) years of similar type and
magnitude as set forth in this Request for Qualifications.
Project
Owner
Year Appraisal
Work Com feted
Contact
A raiser
pp
MOSS Land, McCall
State of Idaho
2011
Jane Wright
Tyler Martin, MAI
Department of Lands
Boise City Armory
City of Boise
2010
John Brunelle
Tyler Martin, MAI
City of Boise
Harris Ranch Greenbelt Exchange
Harris Family
2008
Doug Fowler
Ross Park, MAI
rA►CHD
Harris Ranch
1 ne appraisai WOM described above was completed while Tyler Martin, MAI and Ross Park, MAI were employe
at another firm.
PART 1v
FEE AND DELIVERY INFORMATION
Fee for Appraisal Report of Parcel #1
$2,000
Fee for Appraisal Report of Parcel #2
$20000_
Fee for Appraisal Report of Parcel #3
$2,000
Fee for Appraisal Report of Parcel #4
$2,000
The pricing quoted above is based on a delivery date of 3_ # of weeks from
the date of the City's Notice to Proceed.
Additional pricing information, options, et:
The pricing presented above includes the delivery of "preliminary estimates" for
each parcel and summary appraisals to follow. The "preliminary estimates"
would be delivered within 3 weeks. The appraisals would be delivered one to two
weeks after legal descriptions for parcels 1 & 2 were provided to us.
The pricing is an approximate estimate based on our understanding of the
project. It is possible that the pricing could change after initial meetings with the
parties involved in the proposed exchange.
14 of 15
LIST OF APPENDICES
APPENDIX A: Ada County Parcel information for Storey Park (location of Parcels #1 and #2)
APPENDIX B: Ada County Parcel Information for Parcel #3
APPENDIX C: Ada County Parcel information for Parcel #4
APPENDIX D: City Draft conceptual pian for undeveloped portions of Storey Park after proposed trades.
15 of 15
D AN�'�
....... . . . . . .
ADDENDUM NO, I
RF{.# PKS-12,10361
TO: ALL PROSPECTIVE PROPOSERS
Reference:
PURCHASING MANAGER
33 East Broadway Ave.
Meridian, ID 83642
Phone: 208-888-4433 Fax., 208-887-4813
JUNE 71 2012
RFQ FOR COMMERCIAL REAL ESTATE APPRAISAL SERVICES — APPRAISAL REPORTS
PREPARED IN ACCORDANCE WITH UNIFORM FEDERAL APPRAISAL STANDARDS ON
FOUR PARCELS FOR LWCF CONVERSION LAND EXCHANGE AT AND NEAR STOREY
PARK, MERIDIAN IDAHO,
Subject: RFQ # PKK -1 -10361 - Addendum No. 1
Prospective Proposers for the above mentioned Request for Proposal is hereby corrected and
amended as follows:
1. Part 11, Section #4 is amended to read as follows:
LATE QUALIFICATIONS AND MODIFICATIONS
Qualifications and modifications thereof received after the exact time- of closing of
Qualifications which is 4:00 p.m. MT, JUNE 11, 2012 will not be considered.
2. Appendix E 'is added to the RFQ, a copy of which is attached hereto.
Appendix E: 36 CFR Ch. 1, Part 69.3 — LWCF Conversion Requirement
3. TMS ADDENDUM MUST BE SIGNED AND SUBMITTED WITH YOUR PROPOSAL.
4, ALL OTHER TERMS AND CONDITIONS OF THE PROPOSAL REMAIN THE SAME,
Please note the corrections by signing below and call me if you have any questions.
Ted Baird
Technical Representative
W*41thA)
Date
Addendum No 1 Page 1 of 1
I A
KK`)
- - --------- -
COMMU"KCIAL Al"PRAISALS
-Ity Pe'rspc-c t' iNIC
Expertise Inregli
Ross PARK, MAI
I MA -1 QUALIFICATIONS
PROFESSIONAL EXPERIENCE
Martin & Pork Inc: 2011 - Present Boise, ID
Principal
Mat -tin & Park, Inc. is a full service appraisal firm providing valuation and consultation services for commercial,
investment, and development properties in Idaho, Oregon and Washington. Additional services include market
researcli, site analysis, and feasibility studies. We are committed to exceeding client expectations by providing well
supported, accurate and insightful appraisals. Our clients benefit frorn our strong relationships with market
participants and our focus on using the latestavailable technologies including proprietary appraisal database software.
L Lino. ton & Assocityles.- 2006 — 2011 Boise, ID
Staff Appraiser
Performed primary appraisal work on a wide variety of property types and ownership interests. Responsible for all
aspects of the appraisal process for more than 400 appraisal assignments. Appraised properties in Idaho, Oregon and
Washington..
U.11tinent oState: 2003 — 2005 Sydney, Australia
, f
Foreign Service Officer
Promoted U.S. foreign policy to Australian government agencies, the consular corps and, the general public. Provided
American Citizen Services in consular district with over 60,000 U.S. citizen residents. Adjudicated U.S. passport and
visa applications. Conducted fraud investigations of suspect visa applicants. Recipient of Meritorious Honor Award,
Franklin Award and Group Franklin Award. Held U.S. Department of State Top Secret Clearance.
United Nations DeMg Uoment ELogram.- 2001 Mbabane, Swaziland
Graduate Research Intern
Organized and managed all data collection for the 1999 and 2000 Development Cooperation Reports (DCR).
Conducted extensive interviews with all relevant Multi -Lateral and Bi -Lateral Organizations operating within
Swaziland. Researched economic indicators and country statistics as well as edited and contributed to the DCR text.
U.S. Pefice 1997-1999 Windhoek, Namibia
Regional Youth Officer
Facilitated youth, health, environmental, juvenile just -ice, education, and community service programs, for youth with -in
vast region of rural communities. Operated at all levels of government, within traditional societies, and within the
context of the local languages. and cultures.
PROPERTY TYPES APPRAISED
Residential Subdivision
0
Industrial Condominium
Mixed Use Development Projects
0
Professional Office
Community Infrastructure District
0
Executive Office
Agricultural/Recreational Land
Strip Retail
Multi -Family
C -Store
High Value Individual Residential Lots
Right of Way
Commercial Subdivision
•
Airplane Hanger
Office Warehouse
•
Assisted Living Facility
Manufacturing
Daycare/Education Properties
Heavy Truck Service Center
Special Purpose Properties
P ) s I c i I -i() 83 08. 8 (,')0
. I ' Z. 1 4�.4 - L
Ross PARK, MAI
MAI QUALIFICATIONS, PAGE 2
EDUCATION
�V 0
MONTEREY INSTITUTE OF INTERNATIONAL STUDIES
Monterey, CA
Master of Arts, biter national Policy Suidies - 2002
GETTYSBURG COLLEGE
Gettysburg, PA
Bachelor qfArts, Economics - 1994
APPRAISAL INSTITUTE
USP" Update — 2012.
Boise, ID
Appraisal of Nursing Facilities — 2012
Chicago, IL
USPAP Update — 2010
Boise, ID
General Demonstration Appraisal Report Writing — 2010
Oakland, CA
Advanced Income Capitalizatiott — 2009
San Diego, CA
Bitsiness Practices and .Ethics — 2009
Chicago, IL
Advanced Sales Compart'soto and Cost Approaches — 2009
Portland, OR
Real Estate Rnance Statistics and Valuation Modeling — 2009
Oakland, CA
General Appraiser Sales Comparison Approach — 2009
Salt Lake City, UT
General Appraiser Site Valuation & Cost Approach — 2008
Spokane,, WA
Online 7 Hous National USPAP Equivalevnt Coarse — 2008
Chicago, IL
General Appraiser Income Approach (Part 1) — 2008
Boise, ID
Advanced Applications — 2008
Boise, ID
Report Writing and Valuation Analysis — 2007
Boise, ID
Highest & Best Use and Market Analysis — 2007
Boise, ID
USPAP — 2006
Portland, OR
Scope qj' Work Sensinar — 2006
Boise, ID
Basic Appraisal Procedures — 2006
Spokane, WA
Basic Appraisal.Principles — 2006
Spokane, WA
REFERENCES
Mr. Jon Mine, MAI Mr. Doug Gilbert, MAI
Chief Appraiser Senior Reviewer/Assistant Manager
Bank of the Cascades RBC Bank — Builder Finance
888 SW 51h Avenue, Suite 1000 11011 Richmond Avenue, Sul te 85.0
Portland, OR 97204 Houston, TX 77042
(503) 499-5922 (713) 706-2215
Mr. Rick Hull
Sterling Savings Bank
11400 SE 8th Street, Suite 340
Bellevue, WA 98004
(425) 635-2029
MEMBERSHIPS & APPOINTMENTS
Idaho Certified General Appraiser, CGA #2 769
Appraisal Instittite,, Designated Member of the Appraffal Ihstittile (MAI)
Sotithern Idaho Chapter of the Appraisal Institute, 7'reasurel. 2008 - 20-10
Southern Idaho Chapter of the.Appral'SUl ItistittiteMem bership Chair - 2007
& V PARK%
MAT1l� N.1................
C 0 M M 1: It (7 1 A 1_ A V 1) KA 1 S A L.S
t
.11 11 z TYLER MARTIN, MAI
h1At QUALIFICATIONS
PROFESSIONAL EXPERIENCE
A&rtin & Park. Inc.- 2011-- Present Boise, ID
Principal services for
Martin & Park, Inc. is a full service appraisal firm providing valuation and consultation
commercial, investment, and development properties in Idaho, Oregon, and Washington. Additional
services include market research, site analysis, and feasibility studies. We are committed to exceeding
client expectations by providing well supported, accurate and insightful appraisals. Our clients benefit
from our strong relationships with market participants and our focus on using the latest available
technologies including proprietary appraisal database software.
Langston &.Assrociat.es: 2006 – 2011 Boise, ID
Staff Appraiser 4. i
Performed primary appraisal work on a wide variety of property types and ownership interests
throughout Idaho and Oregon. Responsible for all aspects of the appraisal process for nearly 400
commercial appraisal assignments.
ToWIL—& Counh:y Reaft.y.0 2003 – 2005 Corvallis, OR
Residential & Investment Realtor
Specialized in the sale of investment oriented residential properties in the Oregon State University
market. Assisted clients in determining investment expectations and identifying properties that met
specific requirements. Provided full due diligence services including lender recruitment, renovation
planning, title adjustments, and leasing plan strategies. Instrumental in securing an exclusive listing
agreement with a large, local developer to market a high-end golf course community.
Rand _.Coqv!gr Pronert ies: 2001. – 2003 Corvallis, OR
Licensed Property Manager
Responsible for all aspects of property management for commercial and residential investment clients.
Guided clients through the design and implementation of action plans to achieve and maintain
stabilized occupancy within their portfolios. Served as a project manager for several large scale
renovations of multi -unit apartment complexes.
PROPERTY TYPES APPRAISED
• Professional Office
•
Manufacturing
• Executive Office
•
Heavy Truck Service Center
0 Medical & Dental Office
0
Industrial Condominium
0 Office Condominium
0
•0
Mini Storage
9 Veterinary Hospital
Residential Subdiv'sion
0 Pr maty Care Clinic
0
Commercial Subdivision
0 Ambulatory Surgical Center
0
Hotel/Motel
0 Oncology Treatment Center
0
Assisted Living Facilities
Multi -Family
0
Daycare/Education Properties
• Strip Retail
0
Historic Properties
• Regional Retail
9
Special Purpose Properties
• Service Commercial
0
Culturally Significant Properties
• Restaurant
0
Higb-Value Residential Properties
• Distribution Warehouse
con I
P("), kox NO
C NVX\ W; 1*11 i I r I I
TYLER MARTIN, MAI
, IN -1 A IPAGE 2
QUALIFICATIONS,
EDUCATION
UNIVERSITY OF MONTANA
Missoula, MT
Bachelor of Arts, History - 2001
Three Ibne all -conference athlete
APPRAISAL INS-TIT,UTE
Appraisal Curriculum Overview - 2010
Boise, ID
USPAP Update - 2010
Boise, ID
Business Practices and Ethics - 2009
Chicago, IL
Advanced Income Captralizatio. n - 2009
San Diego, CA
Advanced Sales Comparison and Cost Approaches -- 2009
Portland, OR
Real Estate Finance Statistics and Valuation Modeling - 2009
Oakland, CA
General Appraiser Site Valuation & Cost Approach - 2008
Spokane, WA
Report Writing and Valuation Analysis - 2008
Portland, OR
General Appraiser Sales Comparison Approach - 2008
Tigard, OR
Advanced Applications - 2008
Boise, ID
Highest & Best Use and Market Analyst's - 2007
Boise, ID
General Appraiser Income Approach (Part 2) - 2007
Tigard, OR.
General Appraiser Income Approach (Part 1) - 2007
Tigard., OR
USPAP — 2006
Portland, OR
Basic Appraisal Procedures - 2006
Portland, OR
Basic Appraisal Principles — 2006
Spokane, WA
REFERENCES
Mr. Dan Oxford, MAI Mr. Pat March
Senior Review Appraiser President/Owner
Banner Bank Mountain Pacific Commercial
Mortgage
3005 1121h Ave. NE, Suite 100 765 W. Front Street, Suite 300
Bellevue, WA 98004 Boise, ID 83702
(425) 576-4362 (208) 489-1521
Mr. Pete Sekermestrovich
Principal Broker/Owner•
Town. & Country Realty
456 NW Tyler Ave
Corvallis, OR 97330
(54-1) 757-1781
MEMBERSHIPS, APPOINTMENTS, & COMMUNITY SERVICE
Idaho Certified General Appraiser, CGA #2666
Appraisal Institute, Designated Meiitber of the Al,)pra.1sal btstitute (MAI)
- 26, 2012 ITEM NUMBER:
for Construction of the Meridian Split Corridor Phase 2 Project
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
All 1:1q
1 • 1`
Ill 26, 2012 ITEM NUMBER: 51
ITEM TITLE: Findings of Fact & Conclusions of Law for Approval
Denying Request for Reversal of Director's Denial of Request for Certificate of Zoning
Compliance Verification (CZCV 12-006) by Joe and Leslie Palmer for a Residence
Located in a Retail Store at 1524 N. Meridian Road
IIIIEETIAG
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
BEFORE THE MERIDIAN CITY COUNCIL
IN THE MATTER OF THE
REQUEST FOR REVIEW OF
DENIAL OF CERTIFICATE OF
ZONING COMPLIANCE
VERIFICATION FOR A RESIDENCE
LOCATED IN A RETAIL STORE,
JOE AND LESLIE PALMER,
APPLICANTS.
Case No. CZCV 12-006
FINDINGS OF FACT,
CONCLUSIONS OF LAW,
DECISION, AND ORDER
AFFIRMING DENIAL
The above entitled matter of the Director's denial of Joe and Leslie Palmer's Application
for a Certificate of Zoning Compliance verification (application no. CZCV 12-006) for a
residence in a retail store, came before City Council for public hearing on June 5, 2012, at the
hour of 7:00 p.m. at Meridian City Hall, 33 East Broadway Avenue, Meridian, Idaho. Meridian
Community Development Department/Planning Division Manager Pete Friedman and Becky
McKay, representative for Mr. and Mrs. Palmer, appeared and testified. The City Council,
having duly considered the evidence and the record in this matter therefor, hereby make and
enter the following findings of fact, conclusions of law, and decision and order:
I. FINDINGS OF FACT
A. Joe and Leslie Palmer are the current owners of property located at 1524 N.
Meridian Road, Meridian, Idaho, Ada County, parcel no. R6129020690 ("subject property").
B. The subject property is located within a commercial zoning district (C -C).
C. The subject property is certified for occupancy as a mercantile (Group M
occupancy).
D. On March 26, 2012, the Applicants submitted an application for a certificate of
zoning compliance verification for a residential dwelling unit in a retail store, i. e. Cherry's
Consignment & Home Furnishings (application no. CZCV 12-006).
E. By letter dated March 28, 2012, then Interim Planning Director Pete Friedman
denied application no. CZCV 12-006.
F. On April 10, 2012, the Applicants requested City Council review of the Director's
denial of application no. CZCV 12-006.
G. A public hearing on the City Council's review of the Director's denial of
application no. CZCV 12-006 was duly noticed and scheduled for May 1, 2012. At Applicants'
FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION, ORDER OF DENIAL
PALMER—Application no. CZCV-12-006 PAGE 1 OF 3
request, the hearing was postponed, and reset for May 22, 2012, on which date, at Applicants'
request, the hearing was again postponed, and reset for June 5, 2012.
H. The public hearing on the City Council's review of the Director's denial of
application no. CZCV 12-006 was duly noticed and the matter was heard by City Council on
June 5, 2012.
II. CONCLUSIONS OF LAW
A. The City Council of the City of Meridian is authorized to exercise the powers
conferred upon it by the Local Land Use Planning Act, Title 67, Idaho Code, Chapter 65.
B. In reviewing the Director's denial of application no. CZCV 12-006, the City
Council shall follow the procedure listed in Idaho Code § 67-6535 and Meridian City Code
section 11-513-1.
C. Pursuant to Meridian City Code section 11 -5A -6(C), the standard of review for
City Council's review of the Director's denial of application no. CZCV 12-006 is a de novo
review.
D. A residential dwelling unit in a commercial zoning district is a violation of
Meridian City Code section 11 -2B -2(C).
E. Residential occupancy of a building classified for mercantile occupation is a
violation of International Building Code sections 111.1 and 114. 1, as incorporated into Meridian
City Code by Meridian City Code section 10-1-1.
III. DECISION
A. Pursuant to Meridian City Code section 11 -5B -1(C)(1), no certificate of zoning
compliance may issue for any use on a property in violation of the Meridian Unified
Development Code (Title 11, Meridian City Code).
B. For this reason, the Director's denial of a certificate of zoning compliance
verification for a residential dwelling unit at 1524 N. Meridian Road was appropriate.
IV. ORDER
NOW, THEREFORE, based upon these findings of fact and conclusions of law, the City
Council does hereby order:
A. That Applicants' request for reversal of the Director's denial of application no.
CZCV 12-006 is denied.
B. That the Building Official is directed to issue to Applicants a First Amended
Notice of Violation and Order to Abate the outstanding violations of International Building Code
FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION, ORDER OF DENIAL
PALMER—Application no. CZCV-12-006 PAGE 2 OF 3
sections 111.1 and 114. 1, as incorporated into Meridian City Code by Meridian City Code
section 10-1-1, which abatement shall be fully completed as ordered by the Building Official by
5:00 p.m. on Friday, August 3, 2012.
C. That the Meridian Police Department, Code Enforcement Division, is directed to
issue to Applicants a First Amended Notice of Violation and Order to Abate the outstanding
violations of Meridian Unified Development Code section 11 -2B -2(C), which abatement shall be
fully completed as ordered by the Code Enforcement Officer by 5:00 p.m. on Friday, January 3,
2014, so long as Applicants fully complete abatement of the International Building Code
violations, as ordered by the Building Official, by 5:00 p.m. on Friday, August 3, 2012.
D. That if Applicants do not fully complete abatement of the International Building
Code violations, as ordered by the Building Official, by 5:00 p.m. on Friday, August 3, 2012,
the Meridian Police Department, Code Enforcement Division, is directed to issue to Applicants a
Second Amended Notice of Violation and Order to Abate the outstanding violations of Meridian
Unified Development Code section 11 -2B -2(C), which abatement shall be fully completed as
ordered by the Code Enforcement Officer by 5:00 p.m. on Friday, August 10, 2012.
PASSED by the City Council of the City of Meridian, Idaho, thisYi-
day of June,
2012.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of June, 2012.
APPROVED:
Tammy
�OSN'fHD AUCLST
$LO l j9�w
City Of
: EIDIAM
IDAHO
SEAL
�p e�
y
A,e�rde TAERS���
ATTEST:
1ayceMlolman
City Clerk
FINDINGS OF FACT, CONCLUSIONS OF LAW, DECISION, ORDER OF DENIAL
PALMER—Application no. CZCV-12-006 PAGE 3 OF 3
DATE: June 26, 2012 li 6A
PROJECT
ITEM TITLE: PoliceDept.: Swearing in of New Police Officer
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
DATE: June 26, 2012 IT 7
PROJECTNUMBER:
ITEM TITLE: Items Moved from Consent Agenda
MEETING NOTES
o fie-.
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
4
ANTMune 26, 2012
PROJECTU
ITEM TITLE: Second Reading & Public Comment on Ordinance 12-1517
Nuisance, Solid Waste, and Noise Code Updates
MEETING NOTES
i
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
CITY OF MERIDIAN ORDINANCE NO. 1
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE ADDING DEFINITIONS OF GRAFFITI AND NUISANCE MATERIALS
TO MERIDIAN CITY CODE; ADDING PROVISIONS TO PROHIBIT AS NUISANCES
GRAFFITI AND NUISANCE MATERIALS; ESTABLISHING ABATEMENT PROCESSES
AND PENALTIES FOR FAILURE TO ABATE NUISANCE WEEDS, GRAFFITI, AND
NUISANCE MATERIALS; ESTABLISHING PENALTIES FOR GENERAL NUISANCES;
CLARIFYING OWNERSHIP OF SOLID WASTE OR RECYCLABLES; CLARIFYING
PUBLIC DISTURBANCE NOISE TIME PERIOD; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Idaho Code section 50-317, cities are empowered to cause all
sidewalks and alleys to be cleared of snow, ice, rubbish, and weeds, and to abate nuisances on
private property within the city, and to assess the cost thereof against the property so abated;
WHEREAS, the perpetuation of graffiti constitutes visual pollution and a public nuisance, a
failure to remove graffiti is known to result in additional graffiti, graffiti leads and contributes to
urban blight, encourages gang activity, and decreases property values, business opportunities, and
community pride, and the prompt removal of graffiti from walls, fences, pavement, structures, and
other such improvements, whether public or private property, is necessary to avoid or ameliorate
detrimental impacts on the City and its residents;
WHEREAS, when hazardous materials are dumped or leaked into the roadway or the storm
drain system, such chemicals are discharged, untreated, into natural water bodies, which can affect
human health, increase drinking water treatment costs, create environmental and health hazards for
the community and people of Meridian, and should therefore be designated a nuisance;
WHEREAS, in addressing nuisance weeds and graffiti, the City's primary objective is the
expedited abatement of such nuisance conditions, and the deterrence of ongoing or repeated
incidences of such nuisance conditions through criminal prosecution and penalties is a secondary
enforcement tool;
WHEREAS, in addressing nuisances other than weeds and graffiti, the City's primary
objective is deterring ongoing or repeating incidences of such nuisance conditions through criminal
prosecution and penalties;
WHEREAS, as allowed by the holding in California v. Greenwood, 486 U.S. 35 (1988),
and as may be required for law enforcement and public safety purposes, City personnel are lawfully
authorized to access and/or seize solid waste and recyclable materials placed for collection;
WHEREAS, disturbance noises typically arise at night when the patrol division of the
Meridian Police Department is on duty, rather than during the day when the code enforcement
division of the Meridian Police Department is on duty, and are therefore best addressed by the
police provisions of Meridian City Code, rather than under the nuisance provisions;
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 1 OF 10
WHEREAS, the disturbance noise provisions are herein reworded for improved clarity and
enforceability;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF
THE CITY OF MERIDIAN, IDAHO:
Section 1. That Title 4, Chapter 2, of the Meridian City Code shall be amended as follows:
Chapter 2
VEHICLES, WEEDS AND OTHE NUISANCES
4-2-1: DEFINITIONS:
A. ABATABLE NUISANCES: Enumerated nuisance conditions that may be abated by the Citv in
accordance with the provisions of this chapter, specifically including without limitation, the
following nuisance conditions:
1. Nuisance materials leaked, drained, seeped, dripped, sprayed, or dumped onto therg ound
on private property;
2. Nuisance weeds,
3. Graffiti; or
4. Snow or ice on a public sidewalk abuttingjoining any privately -owned premises.
5. Personal property on any portion of a public sidewalk, except as specifically allowed by
law or by written permit issued by the City or other governing authority.
B. GENERAL NUISANCES: Nuisance conditions that may lead to criminal charges without any
prior attempt by the City to obtain abatement thereof, specifically including without limitation
nuisance materials leaked, drained, seeped, dripped, sprayed, or dumped onto the ground on public
property, or any other nuisance condition not enumerated in the definition of Abatable Nuisances.
C. GRAFFITI: Any inscription, work, figure,symbol drawing mark or design that is marked
etched, scratched, drawn, or painted on any real or personal property or improvement, including, but
not limited to, walls, fences,ag tes, pavement, buildings rocks trees bridges streets sidewalks
and/or signs, whether such property is public, private, temporary, or permanent, without the consent
of the owner of such property or the owner's authorized agent, and which inscription, work, figure,
symbol, drawing, mark, or design is visible from any publicly accessible location.
D. NUISANCE MATERIALS: Hazardous, noxious, dangerous, or offensive materials, including,
but not limited to, oil, gasoline, fuel, antifreeze, paint, pesticides, or herbicides.
E. JUNK VEHICLE: Any vehicle, or parts thereof, which:
A7-1. Cannot be safely operated under its own power;
B-2. Is missing any one of the following: foot brakes, hand brakes, headlights, taillights, horn,
muffler, rearview mirrors, windshield wipers, or adequate fenders;
C—. 3. Has been declared salvage, or has been physically damaged to the extent that the cost of
parts and labor minus the salvage value would make it uneconomical to repair or rebuild such
vehicle; or
D–.4. Is otherwise in a wrecked, partially dismantled, inoperative, or dilapidated condition.
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 2 OF 10
F. NUISANCE: Anything which unreasonably injures or offends the health or senses; obstructs the
free passage, comfortable enjoyment, or customary use of public or private property; or creates an
actual or potential safety, health, or fire hazard.
G. WEEDS: Undesirable plant growth, whether living or dead, that is unkempt, unsightly,
deleterious and/or injurious to the public. This definition shall not include cultivated grasses and
pastures, though such vegetation may be declared a nuisance where otherwise appropriate.
4-2-2: NUISANCE CONDITIONS PROHIBITED; RESPONSIBLE PARTY:
A. Nuisance Prohibited: It shall be unlawful for any owner, occupant, user, or person in charge or
control of any property to create, cause, commit, maintain, or allow the existence of any nuisance
on such property, or upon any street, sidewalk or public right of way abutting such property
including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and
ditches. Further, it shall be unlawful for any person to create, cause, allow, or commit any nuisance
upon any public property, right-of-way or infrastructure including sidewalks streets gutters or
storm drains.
B. Prohibited nuisances shall specifically include, but shall not be limited to, the following
conditions and/or matter:
1. The proliferation and/or growth of weeds which:
a. Are over eight inches (8") in height;
b. By reason of size, manner of growth, location, or dryness, constitute a safety, health, or
fire hazard to any person, building, improvement, crop, or other real or personal property; or
c. Are designated as noxious weeds by the state of Idaho.
2. Graffiti, on any surface.
3. Nuisance materials on the ground, whether leaked, drained, seeped, dripped, sprayed, or
dumped, except that this shall not include the incidental leakage of nuisance materials from
registered vehicles lawfully moving or parked upon a public right-of-way; the lawful application
of pesticides or herbicides for purposes of controlling pests or weeds; or activity otherwise
specifically allowed by law or by written permit issued by the City or other governing authority.
4. Snow or ice on any public sidewalk abutting or adjoining any privately -owned premises.
5. Personal property on any portion of a public sidewalk, except as specifically allowed by law
or by written permit issued by the City or other governing authority.
6 One or more junk vehicle(s), where such junk vehicle is not enclosed in any structure or
otherwise concealed from public view pursuant to title 11 of this code, except as to junk
vehicles stored or parked pursuant to the operation of a lawfully conducted business, industry or
commercial enterprise.
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 3 OF 10
2-4. Stagnant or impure water which causes or creates an offensive, unhealthy, or unsanitary
condition.
8 -5-: Refuse, vegetative decay or any decaying substance, garbage or filth of any kind which is
exposed to the elements and which causes or creates an offensive, unhealthy, or unsanitary
condition.
9 6-. Discarded matter which has no substantial market value, is exposed to the elements, and is
not enclosed in any structure or otherwise concealed from public view, including, but not
limited to: rubble, litter, asphalt, concrete, plaster, tile, cardboard, paper, scrap wood, scrap
metal, tires, broken glass, and/or other dilapidated or deteriorating personal property.
10 -7 The accumulation of and/or failure to lawfully dispose of solid waste on any commercial
or residential premises.
118-. Any building or structure that is so dilapidated or is in such condition as to menace the
public health or the safety of persons or property on account of increased fire hazard or
otherwise.
C. -B-. Responsible Party: Where a nuisance exists upon property that is vacant, abandoned, and/or
uninhabited, the owner of record, as reflected on the most recent assessment roll, shall be presumed
to be responsible for creating, causing, committing, maintaining, and/or allowing such nuisance.
Such owner of record shall be subject to any and all penalties imposed as set forth herein, and shall
be responsible for payment of any and all costs incurred in abating the nuisance. The owner of
record shall bear the burden of rebutting this presumption.
4-2-3: ABATEMENT OF ABATABLE NUISANCES; PROCEDURES AND PENALTIES:
A. Applicability: The procedures set forth in this section shall apply to Abatable Nuisances, as that
term is defined in this chapter.
B. A-. Notice And Order To Abate: If it is determined by a code enforcement officer that an
Abatable Nuisance Knee exists on a" pfepeft-y, the code enforcement officer shall cause a
notice of violation and order to abate to be issued to the owner, occupier, and/or person in control of
such property. Such notice and order shall contain the street address and parcel number of the
property, describe the nuisance existing thereon, order the abatement of the nuisance, establish the
time period for abatement, specify the penalty for noncompliance, and describe the opportunity and
time for appeal. The code enforcement officer shall issue such notice and order to the owner,
occupier, or person in control of the property on which the nuisance exists in one of the following
ways:
1. By personal service upon such owner, occupier, or person in charge or control of the
property; or
2. By regular mail to such owner, occupier, or person in charge or control of the property, at the
address shown on the last available assessment roll, or as otherwise known; or
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 4 OF 10
3. By posting such notice and order at a conspicuous place on the property and publishing one
notice in the official newspaper of the city that the property has been posted in accordance with
this chapter and ordering the owner, occupier, or person in charge or control of the property.
C. B Time Period For Abatement: It shall be the duty of the owner, occupier, or person in charge or
control of any property where any Abatable Nuisance n�uisanee exists, to abate such nuisance within
five (5) calendar days from the date of personal service, mailing, or publication, except that the
code enforcement officer may require summary abatement of an Abatable Nuisance
eendifie where such condition presents an imminent or ongoing threat to or impairment of human
health or safety. Abatement of graffiti shall meet the following standards:
1. The removal of such graffiti shall not follow the pattern of the graffiti such that the
inscription, work, figure, symbol, drawing, mark, or design of such graffiti remains
apparent.
2. The removal of such graffiti by painting over it shall be reasonably similar or identical to the
original color of the surface upon which such graffiti was applied.
3. If the surface is heavily covered with graffiti, the entire surface shall be repainted.
D. Appeal: Within five (5) calendar days from the date of service, mailing, or publication of the
notice of violation and order to abate, the owner, occupier, and/or person in charge or control of the
subject property may appeal to the city council by filing a written appeal with the city clerk-, which
appeal shall enumerate the grounds for appeal. The city clerk may schedule such appeal for hearing
at the next regular meeting of city council. City council shall consider written and oral testimony
from the appellant and shall affirm, withdraw, or modify the order to abate. The decision of the city
council shall be final. If city council affirms the order, the appellant shall have five (5) calendar
days from the date of such affirmation to abate the nuisance as ordered.
E.A-. Criminal Penalties: ^"pefs , , ��'�� If, following notice of violation and order to abate, any
erson e�,� allows the existence of an Abatable Nuisance, such person
shall be guilty of a misdemeanor. Each and every day in which any such violation shall ,,,,pAifl,,o
sha4-1 continues may be deemed a separate offense. Upon conviction for a violation of this e-hapter
section, the city shall request from the criminal court an order of restitution for any and all costs of
abatement and/or other related costs incurred by the city. Peace officers and code enforcement
officers shall have the authority to issue uniform citations to violators of this Eh section.
F.B Civil Penalties: In addition to any other penalties described in this ehapter- section, the city may
also take civil action to obtain an order enjoining the ongoing maintenance of such property free
from nuisance, and/or to recover any and all costs of abatement, enforcement, litigation, and/or
prosecution including, but not limited to, attorney fees and court costs.
G.Q Abatement; Administrative Penalties: In addition to pursuing criminal and/or civil penalties,
and notwithstanding the imposition of any civil or criminal fine, penalty or imprisonment, the code
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 5 OF 10
enforcement officer, after providing notice and hearing as provided herein, may abate or cause the
abatement of any Abatable Nuisance nuisanee where the owner, occupant, agent or person in
control of property does not comply in all respects with an order to abate anuisance, the code
enforcement officer may abate or cause the abatement of such nuisance. The owner, occupier,
and/or person in charge or control of the subject property shall be billed, assessed, and/or held
responsible for any and all actual expenses of such work, and any related charges, including fees
and fines that may be imposed pursuant to this chapter and/or adopted by fee schedule, pursuant to
the following procedures:
1. Recovery Of Abatement Costs And Fees: Within thirty (3 0) days of abatement of the
nuisance, the city shall send to the owner, occupier, and/or person in charge or control of the
subject property, by regular mail, a billing statement requiring payment to city the costs of
abating the nuisance and administrative fee as established by fee schedule.
2. Nonpayment Of Abatement Costs: If full payment is not made to city within fifteen (15) days
of the mailing of the billing statement requiring payment of abatement costs and fees, the city
may:
a. Attempt to recover such amount through the city bill collection procedures; and/or
b. Levy a special assessment against the subject property pursuant to Idaho Code sections
50-1008 and 50-334 and/or any subsequently adopted or otherwise applicable laws. Notice
of the special assessment shall be sent by regular mail to the owner of the subject property,
and shall state the address and parcel number of the subject property, date of abatement
action taken, and state the amount to be assessed, including any applicable administrative
and/or late fees, and shall state that if the assessment is not paid within thirty (30) days, the
assessment will be placed on the real property tax rolls and will become a lien against such
property. If payment to the city cleric is not made within thirty (30) days after mailing the
notice of special assessment, the assessment shall be declared delinquent and shall be
certified, including a ten percent (10%) late fee, to the Ada County assessor by the city
clerk, not later than August 1 of each year. Upon such certification, the assessment shall be
placed upon the tax roll and shall thereafter become a lien against the property described in
the notice and shall be collected in the same manner and subject to the same penalties as
other city taxes. Upon payment of the assessment, fees and penalties in full, the city clerk
shall file a release of lien with the Ada County assessor.
H.13: Summary Abatement: Nothing contained herein shall prevent a code enforcement officer,
peace officer, or fire marshal from requiring, undertaking, or causing summary abatement of an
Abatable Nuisance eiid ie fl where such condition presents an imminent or ongoing
threat to or impairment of human health or safety.
I.lj: Noxious Weeds: In addition to other remedies set forth in this chapter, the code enforcement
officer shall may notify Ada County of the presence of any noxious weeds.
4-2-4: GENERAL NUISANCES; PROCEDURES AND PENALTIES:
A. Applicability: The procedures set forth in this section shall apply to General Nuisances, as that
term is defined in this chapter.
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 6 OF 10
B. Criminal Penalties: Any person who causes, creates, or allows the existence of any General
Nuisance shall be guilty of a misdemeanor. Each and every day in which any such violation shall
continue shall be deemed a separate offense. Peace officers and code enforcement officers shall
have the authority to issue uniform citations to violators of this section. Issuance of notice of
violation and order to abate shall not be a mandatory prerequisite to issuance of a uniform citation
under this section.
C. Civil Penalties: In addition to my other penalties described in this section, the City may also take
civil action to obtain an order mandating the abatement of such General Nuisance and ongoing
maintenance of such property free from nuisance, and/or to recover any and all costs of
enforcement, litigation, and/or prosecution including but not limited to attorney fees and court
costs.
D. Summary abatement: Nothing contained herein shall prevent a code enforcement officer, peace
officer, or fire marshal from requiring, undertaking or causing summary abatement of a General
Nuisance condition where such condition presents an imminent or ongoing threat to or impairment
of human health or safety.
4-2-65: HINDERING AUTHORIZED PERSON:
It shall be unlawful and a misdemeanor to interfere with, hinder or refuse to allow any authorized
city official or employee to enter upon private or public property to enforce the provisions of this
chapter.
Section 2. That Meridian City Code section 4-1-10(H) shall be amended as follows:
H. Taking Of Solid Waste Or Recyclables: All solid waste and recyclable materials placed for
collection shall be owned by, and shall be the responsibility of, the customer until collection.
Upon collection, all solid waste and recyclable materials shall become the property of the
franchisee. It shall be unlawful for any person to take, examine, uncover, snoop in, separate,
gather, collect or salvage materials deposited in wheeled carts or containers except with the
express permission of the owner or occupant or as otherwise allowed by law.
Section 3. That Meridian City Code section 6-3-6 shall be amended as follows:
6-3-6: NOISES CREATING PUBLIC DISTURBANCE:
A. Prohibited Acts: Between the hours of eleven o'clock (11:00) p.m. and six o'clock (6:00)a.m.,
or at any time so as to unreasonably disturb or interfere with the peace, comfort or enjoyment of
others, it It is unlawful for any person to cause, or for any person in possession of property to
allow to originate from the such property, sound that is a public disturbance noise. The
following sounds are determined to be public disturbance noises:
1. Horns Or Sirens: The frequent, repetitive or continuous sounding of any horn or siren
attached to a motor vehicle, except as a warning of danger or as specifically permitted or
required by law;
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 7 OF 10
2. Repetitive Motor Vehicle Sounds: The creation of frequent, repetitive or continuous sounds
in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle,
motorcycle, off highway vehicle or internal combustion engine within a residential district,
so as to unreasonably disturb or interfere with the peace, comfort and repose of owners or
possessors of real property;
Yelling Or Shouting: Yelling, shouting, hooting, whistling or singing on or near the public
streets which unreasonably disturb or interfere with the peace, comfort and repose of owners
or possessors of real property;
4. Noise From Buildings: The creation of frequent, repetitive or continuous sounds which
emanate from any building, structure, apartment, or condominium, or from any fixture or
apparatus attached thereto, which unreasonably interfere with the peace, comfort, and repose
of owners or possessors of real property, such as sounds from audio equipment, musical
instruments, band sessions or social gatherings;
Motor Vehicle Sound Systems: Sound from motor vehicle sound systems, such as tape
players, radios, and compact disc players, operated at a volume so as to be audible greater
than fifty feet (50') from the vehicle itself;
6. Audio Equipment: Sound from audio equipment or any device that amplifies sound, stlelas
tape playef s, fadies, aet Fisc players, operated at a volume so as to be audible
greater than fifty feet (50') from the source anpfepeAy of the
eperatef or so as to unreasonably disturb or interfere with the peace, comfort and repose of
owners or possessors of real propertX.
B. Exceptions:
1. Sounds caused by any emergency vehicle or personnel when responding to an emergency
call or acting in time of emergency.
2. Sounds caused by activities upon any outdoor municipal, school, religious, or publicly
owned property, park, or facility, provided that such activities has been authorized by the
owner of such property or facility or its agent.
3. Sounds caused by parades, fireworks displays, or any other event for which a permit for that
type of activity is required and has been obtained from the authorized governmental entity
within such hours as may be imposed as a condition for the issuance of said permit.
4. Sounds caused by locomotives or other railroad equipment.
5. Sounds caused by burglar alarms that are not in violation of this code.
6. Sounds caused by safety warning devices required by law.
7. Sounds caused by devices or machinery that is part of the use within the confines of the
particular zoning designation that the device is located or pursuant to a conditional use
permit (i.e., drive-through window speakers, car lot PA systems).
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 8 OF 10
8. Sounds emanating from devices used within the common areas of a multi -unit facility whose
use has been approved by the owners or management of the facility. Said use must comply
with any regulations imposed by the owners or management of the facility to be exempt
under this section. This exemption only applies in relation to other units within the same
facility.
NOR 111,1 0,M „
NUMN
..
C. D-: Violation, Penalties: A*"efsen violating the pfevisiens of this seetion shall be stfl�eet to
penalty . pfevided ; eetio,, , 4 , e fthis eerie. A violation of this section shall be a
misdemeanor.
Section 4. That Title 8, Section 1, Meridian City Code, is hereby REPEALED.
Section 5. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
Section 6. That this Ordinance shall be in full force and effect on July 1, 2012.
PASSED by the City Council of the City of Meridian, Idaho, this2& day of June, 2012.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of June, 2012.
APPROVED:
"0"
r , TTEST:
City of
eerd, Mayor Y 9- ®_AH_ ee I lman, ty Cleric
SEAL ti
F�TF Q,Pv
q0� the
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 9 OF 10
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 12- 15 0
AN ORDINANCE ADDING DEFINITIONS OF GRAFFITI AND NUISANCE MATERIALS
TO MERIDIAN CITY CODE; ADDING PROVISIONS TO PROHIBIT AS NUISANCES
GRAFFITI AND NUISANCE MATERIALS; ESTABLISHING ABATEMENT PROCESSES
AND PENALTIES FOR FAILURE TO ABATE NUISANCE WEEDS, GRAFFITI, AND
NUISANCE MATERIALS; ESTABLISHING PENALTIES FOR GENERAL NUISANCES;
CLARIFYING OWNERSHIP OF SOLID WASTE OR RECYCLABLES; CLARIFYING
PUBLIC DISTURBANCE NOISE TIME PERIOD; PROVIDING A SAVINGS CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
The full text of this ordinance is available for inspection at City Hall, City of Meridian, 33 East
Broadway, Meridian, Idaho. This ordinrcl��� e effective upon its passage and
publica i
tv of w
Cit Mer' i n oAwo
Mayor and &y Council �Fy SEAL
BY Jaycee Holman, City Clerk
!roe TREns�_"
First Reading: - !; q -
Adopted after first reading by suspension of the Rule as allowed pursuant to
Idaho Code § 50-902: YES NO .
Second Reading: 4. . 2cp - t
Third Reading: w
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 12- 1-7
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby
certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance
no. 12-1�-1 -7 of the City of Meridian, Idaho, and has found the same to be true and complete and
provides adequate notice to the public pursuant to Idaho Code § 50-901A(3).
DATED this day of , 2012.
x
William. L.M. Nary
City Attorney
NUISANCE, SOLID WASTE, AND NOISE CODE UPDATES PAGE 10 OF 10
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN-UP SHEET
VATE June 26,
PROJECT
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Ti, 71 • •1 1•"
DATE: June •
, 2012 ITEM NUMBER: 8B
ITEM TITLE: Second Reading & Public Comment on Ordinance 12-1518
Animal Control Code Updates
Community Item/Presentations Presenter Contact Info./Notes
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CITY OF MERIDIAN ORDINANCE NO. k
BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING
CHAPTER 2, TITLE 6 OF THE MERIDIAN CITY CODE, RELATING TO ANIMAL
CONTROL, INCLUDING DEFINITIONS; ANIMAL CONTROL OFFICER; CITY DOG
POUND; CITY OF MERIDIAN DOG LICENSE; IMPOUNDMENT, RECLAMATION,
AND RELINQUISHMENT OF DOGS; DECLARATION OF ABANDONMENT;
DECLARATION OF VICIOUS DOG; LIVESTOCK HARBORED ON PRIVATE
PROPERTY; PROHIBITED ACTS; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Meridian finds that it is in the best interest of
the public health, safety, and welfare to establish regulations regarding animal control;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MERIDIAN, ADA COUNTY, IDAHO:
Section 1. That Title 6, Chapter 2 of the Meridian City Code is hereby repealed, and shall be
replaced with language to read as follows:
Title 6, Chapter 2: Animal Control
6-2-1: DEFINITIONS:
As used in this chapter, the following terms shall be defined as in this section provided:
A. 7 -IN -1 VACCINE: An injection that vaccinates against distemper, parvovirus, parainfluenza,
adeovirus, leptospira I, leptospira II, and coronavirus.
B. ABANDONED ANIMAL: An animal that is impounded in accordance with the provisions of
this chapter, and is:
1. Suffering from serious injury, rabies, or other serious disease;
2. Not wearing a legible license when it is impounded;
3. Voluntarily relinquished by its owner; or
4. Not reclaimed by its owner after five (5) working days of such impoundment, except that
such time shall be tolled where the dog owner appeals a declaration that the dog is a vicious
dog.
C. ANIMAL: Any member of the animal kingdom, except members of the human race.
D. CITY DOG POUND: The primary location at which dogs shall be impounded in accordance
with the provisions of this chapter, as designated by the Chief of Police.
ANIMAL CONTROL ORDINANCE UPDATE PAGE I OF 12
E. CRUELTY TO ANIMALS: The intentional and malicious infliction of pain, physical
suffering, injury or death upon an animal, including, but not limited to:
1. Depriving of or failing to provide an animal with adequate food, water, shelter, and/or
essential veterinary care.
2. Leaving an animal in one's possession, custody, control, or care unattended for more than
thirty-six (36) hours.
3. Maliciously or cruelly killing, maiming, wounding, beating, mutilating, torturing,
tormenting, overworking, or otherwise abusing any animal.
4. Allowing, arranging, or instigating a fight between two animals, or training one or more
animals to fight other animals.
5. Malting accessible to any animal, by any means, with intent to cause harm or death, any
substance that is poisonous, or that has, in any manner, been treated or prepared with any
harmful or poisonous substance, except that this definition shall not include the lawful use of
poisonous substances for the control of rodents and/or insects in furtherance of the public
health; nor shall this definition include the lawful use of poisonous substances by a
veterinarian or animal control officer for the purposes of euthanizing an animal.
F. DOG: Any male or female member of the canine family.
G. IMPOUND: To deliver a seized animal to the City dog pound.
H. LIVESTOCK: Domesticated animals, traditionally Rept for use or profit, which are housed
outdoors and/or in outdoor enclosures such as pens, barns, barnyards, pastures, corrals, coops,
sties, stables, or paddock areas. Livestock shall include, but is not limited to: horses, donkeys,
mules, cattle, llamas, alpacas, swine, sheep, goats, rabbits, poultry, and/or domesticated birds,
except that this definition shall not include chicken hens.
I. OWN: to be the owner thereof, or to keep, harbor, or possess; or to accept or maintain custody,
control, or care thereof.
J. OWNER: Any person owning, keeping, harboring, or possessing an animal, or accepting or
maintaining custody, control, or care of an animal.
K. SEIZE: To tape custody of an animal.
L. VETERINARIAN: A doctor licensed to practice veterinary medicine in the state of Idaho.
M. VICIOUS DOG: A dog declared by the Animal Control Officer to be a vicious dog.
6-2-2: ANIMAL CONTROL OFFICER; CITY DOG POUND:
A. Animal control officer. The Chief of Police shall appoint one or more Animal Control
Officer(s) who shall, under the direction of the Chief of Police, have the authority to enforce the
provisions of this chapter. Additionally, the Animal Control Officer shall be authorized to:
1. Seize and impound dogs that are at large and unattended in City limits.
ANIMAL CONTROL ORDINANCE UPDATE PAGE 2 OF 12
2. Seize impound, and euthanize dogs in accordance with the provisions of this chapter.
4. Remove and properly dispose of the carcass of any dead animal found in any public place.
5. Declare that a dog is abandoned;
6. Decide whether an abandoned dog shall be euthanized or made available for adoption.
7. Declare that a dog is a vicious dog.
8. Seize and impound vicious dogs in accordance with the provisions of this chapter, and
euthanize same as authorized by this chapter.
9. Issue uniform citations for violations of this chapter.
B. City dog pound. The Chief of Police shall designate a City dog pound. Such dog pound shall
provide adequate physical accommodations, materials, and staffing to provide basic housing,
feeding, watering, vaccination, and supervision of dogs impounded therein.
6-2-3: CITY OF MERIDIAN DOG LICENSE:
A. Dog license required.
1. Each dog owner living in or visiting Meridian for thirty (30) days or longer shall obtain a
City of Meridian dog license for each dog that is owned by such person and that is more
than six (6) months of age.
2. Application for a City of Meridian dog license shall be made to the City Clerk, Meridian
Police Department, or licensing designee duly authorized by the City as set forth in this
chapter. Such application shall include the following:
a. A completed application form, which form shall include the name, physical address,
mailing address, and telephone number of dog owner and a description of dog to be
licensed;
b. A valid rabies vaccination certificate issued by a licensed veterinarian within the
previous year for a dog that was less than one (1) year old when vaccinated; or within
the previous three (3) years for a dog that was one (1) or more years old when
vaccinated;
c. A valid spay or neuter certification, if applicable; and
d. Applicable dog license fee per fee schedule. Where the fee schedule provides for a
lower license fee for a spayed or neutered dog, the City or its licensing designee shall
allow the payment of the lower license fee only upon the dog owner's presentation of a
certificate of neuter or spay issued by a veterinarian or by the Idaho Humane Society.
License fees shall be waived for:
(1) The owner of any dog used by a visually impaired, hearing impaired, or disabled
person and used as a seeing eye dog, hearing ear dog, or service dog shall not be
ANIMAL CONTROL ORDINANCE UPDATE PAGE 3 OF 12
required to pay a license fee. The City or its licensing designee shall allow this
exception to the license fee only upon the dog owner's presentation of certification
of the dog owner's visual or hearing impairment or disability by a licensed medical
doctor.
(2) The owner of any dog in training to serve as a seeing eye dog, hearing ear dog, or
guide dog shall not be required to pay a license fee. The City or its licensing
designee shall allow this exception to the license fee only upon the dog owner's
presentation of proof that such dog is in training for such purpose.
(3) Any dog owned by a public entity or public agency.
2. The City Cleric, Meridian Police Department, or licensing designee shall issue a dog license
tag within two (2) working days of receipt of complete application materials and fees.
B. Annual licensing required. All City of Meridian dog licenses shall be valid only in the
calendar year issued and shall expire December 31 of that year.
C. Lost dog license tag. The City or its licensing designee shall reissue a lost dog license tag upon
payment of lost dog tag fee as set forth in fee schedule and verification that the license tag
sought to be replaced is a current and valid City of Meridian dog license, which verification
shall be made by reference to the official log(s) of the City or its licensing designee(s).
D. Dog licensing designees. In order to facilitate the licensing of dogs within the City of
Meridian, the City may enter into agreements with the Idaho Humane Society, veterinarians, or
vendors of pet products doing business within the City of Meridian authorizing such licensing
designee to issue City of Meridian dog licenses on behalf of the City, except that no licensing
designee shall be authorized to issue vicious dog licenses.
6-2-4: IMPOUNDMENT, RECLAMATION, AND RELINQUISHMENT OF DOGS:
A. Vaccination of impounded dogs. Upon impoundment of a seized dog, the Animal Control
Officer shall administer to such dog a 7 -in -1 vaccination.
B. Notice of impoundment. Within two (2) working days of seizing a dog wearing a legible dog
license, the Animal Control Officer shall serve or mail to the dog's owner at the licensed
address notification that such dog has been impounded. Such notice of impoundment shall
contain the following information:
1. Date and location of the dog's seizure;
2. Date and location of the dog's impoundment;
3. Hours and location at which the owner may reclaim ownership and take custody of such
dog;
4. Fees that must be paid prior to reclaiming ownership and taking custody of such dog;
ANIMAL CONTROL ORDINANCE UPDATE PAGE 4 OF 12
5. Notification that the Animal Control Officer shall declare such dog abandoned if not
reclaimed within five (5) working days of its impoundment;
6. The date upon which such dog shall be declared abandoned if dog owner fails to reclaim and
take custody prior thereto; and
7. Notification that upon declaration of abandonment, such dog shall be euthanized or made
available for adoption.
Notice of impoundment shall not be required where address of the dog's owner is unknown or
where the whereabouts of the dog's owner are unknown.
C. Reclamation of impounded dog. The owner of a dog that has been impounded may reclaim
such dog by accomplishing the following within five (5) working days of such dog's
impoundment:
1. Personally appearing at the location of such impoundment;
2. Paying in full all applicable fees per City fee schedule, including, but not limited to: 7 -in -1
vaccination fee, impound fee, and/or daily boarding fee;
3. Paying in full all costs incurred by City to provide basic veterinary care to the impounded
dog, upon presentation of an invoice for same;
4. Submitting complete application materials and fee for a City of Meridian dog license for
such dog if the dog is not then licensed and the dog owner is a resident of Meridian; and
5. Taking physical custody of such dog.
D. Relinquishment of living or dead dog. An Animal Control Officer shall, upon a dog owner's
request and payment of fee established by fee schedule, take possession of any dog, living or
dead, that is owned by such person. The Animal Control Officer may require proof of
ownership before taking possession of a voluntarily relinquished dog. When a dead dog is
voluntarily relinquished to an Animal Control Officer, the Animal Control Officer shall dispose
of the dog.
6-2-5: DECLARATION OF ABANDONMENT:
A. Declaration of abandonment. Animal Control Officers are authorized to declare that a dog is
abandoned where such dog meets the definition thereof as set forth in this chapter.
B. Effect of declaration of abandonment. Upon the Animal Control Officer's declaration that a
dog is abandoned, such dog may be euthanized or made available for adoption by any person.
The decision to euthanize a dog or to make a dog available for adoption shall be made in the
sole discretion of the chief of police or designee based on factors including, but not limited to,
the health, disposition, behavior, and/or adoptability of the dog.
ANIMAL CONTROL ORDINANCE UPDATE PAGE 5 OF 12
6-2-6: DECLARATION OF VICIOUS DOG:
A. Declaration of vicious dog. The Animal Control Officer is authorized to declare that a dog is a
vicious dog.
1. Any dog whose behavior or actions fall within one or more of the following may be declared
a vicious dog:
a. Any dog which, when unprovoked, attacks or bites another person or other domestic
animal upon the streets, sidewalks, any public grounds or places, or private property not
owned or possessed by the owner of the dog; or
b. Any dog with a prior documented history, in any jurisdiction, of unprovoked attack or
biting of persons or other domestic animals; or
c. Any dog owned or harbored primarily or in part for the purpose of fighting or attacking
people or any dog trained for fighting or attacking of persons.
2. Except that:
a. No dog may be declared vicious if an injury or damage is sustained by a person who, at
the time that such injury or damage was sustained: (1) was committing a willful trespass or
other crime or tort upon the premises occupied by the owner of the dog, whether or not the
dog's owner is present at the time of the unlawful trespass or other crime; or (2) was
teasing, tormenting, abusing or assaulting the dog; or (3) was committing or attempting to
commit a crime.
b. No dog may be declared vicious if the dog was protecting or defending a person within the
immediate vicinity of the dog from an unjustified attack or assault.
c. No dog owned, maintained, or kept for work as a law enforcement dog, either currently or
retired, may be declared vicious if the action that would be so defined by this definition,
tools place while the dog was acting within its capacity for law enforcement purposes.
B. Notice of declaration of vicious dog. Within two (2) working days of declaring a dog to be
vicious, the Animal Control Officer shall serve or mail to the dog's owner, at the licensed
address, written notification that such dog has been declared vicious. Such notice of declaration
shall contain the following information:
1. Date of such declaration.
2. Facts supporting such declaration.
3. Notice of the right to appeal such decision as set forth in this section, including an
explanation of the time within which, and process by which, such appeal may be made to the
Chief of Police, and further including notice that if such appeal is not made, the decision of
the Animal Control Officer shall be a final decision.
4. Notice that, fourteen (14) working days following entry of a final decision:
a. If such dog is impounded, the vicious dog shall be euthanized; or
b. If such dog is not impounded, the dog's owner shall either voluntarily relinquish the
vicious dog to the City dog pound for euthanization, or remove the vicious dog from
Meridian City limits.
Unless appealed as set forth in this section, the decision of the Animal Control Officer declaring
that a dog is a vicious dog shall be a final decision within five (5) working days from the date of
the notice of declaration.
ANIMAL CONTROL ORDINANCE UPDATE PAGE 6 OF 12
E. Appeal to Chief of Police. Appeal of the Animal Control Officer's declaration that a dog is
vicious may be made by the dog's owner. Such appeal shall be made in writing, shall state the
reasons for such appeal, and shall be delivered to the Chief of Police via U.S. Mail within five
(5) working days from the date of the notice of declaration. At the scheduled hearing, the chief
or designee shall review the decision of the Animal Control Officer to declare the dog vicious.
The dog owner shall be allowed to present any reasonable evidence to show cause for reversal
of the Animal Control Officer's decision. The chief or designee may establish procedures and
time limits for the hearing, but shall hear all reasonable evidence. Upon conclusion of the
hearing, the chief or designee shall either affirm the decision of the Animal Control Officer that
the dog is vicious, or reverse the decision. Within three (3) working days following the hearing,
the chief or designee shall mail to the dog owner notice of his decision. Such notice of decision
shall include:
1. Date of such decision.
2. Facts supporting such decision.
3. Notice of the right to appeal such decision as set forth in this section, including an
explanation of the time within which, and process by which, such appeal may be made to the
City Council, and further including notice that if such appeal is not made, the decision of the
chief or designee shall be a final decision.
4. Notice that, fourteen (14) working days following entry of a final decision:
a. If such dog is impounded, the vicious dog shall be euthanized; or
b. If such dog is not impounded, the dog's owner shall either voluntarily relinquish the
vicious dog to the City dog pound for euthanization, or remove the vicious dog from
Meridian City limits.
Unless appealed as set forth in this section, a decision of the chief or designee affirming the
Animal Control Officer's declaration shall be a final decision seven (7) working days following
the date of the chief s notice of decision.
F. Appeal to City Council. Appeal of the chief's notice of decision affirming the Animal Control
Officer's decision that a dog is vicious may be made by the dog's owner. Such appeal shall be
made in writing, shall state the reasons for such appeal, and shall be delivered to the City Clerk
via U.S. Mail or in person within five (5) working days from the date of the chief's notice of
decision. Upon receipt of such written appeal, the City Cleric shall schedule a public hearing on
the appeal at a City Council meeting within fourteen (14) days. City Council shall conduct a de
novo review and may establish procedures and time limits for such hearing. Following such
hearing, City Council shall either affirm or reverse the chief's or designee's decision. Within
three (3) working days following the hearing, the City Cleric shall mail to the dog owner written
notice of City Council's decision. Such notice of decision shall include:
1. Date of such decision.
2. Facts supporting such decision.
3. Notice that, fourteen (14) working days following notice of final decision:
a. If such dog is impounded, the vicious dog shall be euthanized; or
b. If such dog is not impounded, the dog's owner shall either voluntarily relinquish the
vicious dog to the City dog pound for euthanization, or remove the vicious dog from
Meridian City limits.
ANIMAL CONTROL ORDINANCE UPDATE PAGE 7 OF 12
Upon mailing of such written notice, the City Council's decision on such appeal shall be a final
decision.
G. Final decision. Within fourteen (14) working days of a final decision that a dog is a vicious
dog, whether such final decision is entered by the Animal Control Officer, the chief of police or
designee, or City Council;
1. If such dog is impounded, the vicious dog shall be euthanized.
2. If such dog is not impounded, the dog's owner shall either voluntarily relinquish the vicious
dog to the City dog pound for euthanization, or remove the vicious dog from Meridian City
limits.
6-2-7: LIVESTOCK HARBORED ON PRIVATE PROPERTY:
A. Stable refuse care. It shall be unlawful to allow stable refuse to accumulate in such a manner
that it becomes unsightly and/or offensive to the smell. It is hereby required that such refuse be
removed from the legal sanitary limits of the city at least once each week.
B. Undue noises. It shall be unlawful to harbor or allow to remain within the corporate limits of the
city any livestock which emits noises disturbing to residents of the city.
C. Stock tight fences. It shall be unlawful to allow or maintain fences which are inadequate to
keep livestock within the confines of the plot, lot or pasture where such livestock is normally
harbored.
6-2-8: PROHIBITED ACTS:
A court sentencing a person for a violation of this chapter may assess court costs in addition to the
fines and penalties set forth herein.
A. Barking dog. It shall be unlawful for any dog owner to permit a dog owned by such person to
bark, howl or otherwise create a disturbance. A violation of this section shall constitute a
misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail.
B. Cruelty to animals. It shall be unlawful for any person to commit cruelty to animals. A
violation of this section shall constitute a misdemeanor punishable by a fine of three hundred
dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound
any animal found in violation of this section.
C. Damage to property. It shall be unlawful for any person owning any animal to cause or allow
such animal to damage private or public property without the consent of the property's owner. A
violation of this section shall constitute a misdemeanor punishable by a fine of three hundred
dollars ($300.00) and ninety (90) days jail.
D. Dog at large in public place. It shall be unlawful for any dog owner to allow or cause any dog
owned by such person to be or remain in any public place, unless such dog is controlled by a
leash not exceeding six feet (6') in length. A person's first violation of this section shall
ANIMAL CONTROL ORDINANCE UPDATE PAGE 8 OF 12
constitute an infraction punishable by a fine of twenty-five dollars ($25.00). A person's second
violation of this section shall constitute an infraction punishable by a fine of fifty dollars
($50.00). A person's third violation of this section shall constitute a misdemeanor punishable
by a fine of three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control
Officer may seize and impound any dog found in violation of this section.
E. Dog at large on private premises. It shall be unlawful for any dog owner to allow or cause
such dog to be or remain upon any private premises without the consent of the person in
possession of such premises. A person's first violation of this section shall constitute an
infraction punishable by a fine of twenty-five dollars ($25.00). A person's second violation of
this section shall constitute an infraction punishable by a fine of fifty dollars ($50.00). A
person's third violation of this section shall constitute a misdemeanor punishable by a fine of
three hundred dollars ($300.00) and ninety (90) days jail. The Animal Control Officer may
seize and impound any dog found in violation of this section.
F. Dog attacking or biting. Any owner of a dog which, when unprovoked, attacks or bites
another person or other domestic animal upon the streets, sidewalks, any public grounds or
places, or private property not owned or possessed by the owner of the biting dog, shall be
guilty of a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90)
days jail. The Animal Control Officer may seize and impound any dog found in violation of
this section. Where a dog seized pursuant to this provision shows any symptom of rabies or has
not been vaccinated for rabies, the Animal Control Officer shall deliver the biting animal to the
Idaho Humane Society or to a licensed veterinarian for examination for rabies, and all related
costs of such examination shall be paid by the dog owner upon demand from City. Such
examination may include, at the discretion of the Idaho Humane Society or veterinarian to
whom the biting dog is surrendered, a period of quarantine, confinement, and/or impoundment.
If such biting dog is determined to be free of rabies, the dog shall be returned to the owner upon
payment to the Idaho Humane Society or licensed veterinarian who examined such animal of all
related fees and/or costs. If such biting dog is determined to be afflicted with rabies, the biting
dog shall be euthanized according to the provisions of this chapter.
G. Dog rushing. It shall be unlawful for any owner of a dog which, when unprovoked, in a vicious
or terrorizing manner, approaches any person in apparent attitude of attack upon the streets,
sidewalks, any public grounds or places, or private property not owned or possessed by the
owner of the dog. A violation of this section shall constitute a misdemeanor punishable by a
fine of three hundred dollars ($300.00) and ninety (90) days jail.
H. Failure to display dog license tag. It shall be unlawful for any dog owner to fail to cause any
licensed dog owned by such person to wear, at all times, a durable, secure collar bearing a valid
City of Meridian dog license tag. Production of proof that such dog is licensed shall be an
affirmative defense to a charge of violation of this section. The person raising such affirmative
defense shall bear the burden of proof that such defense applies. A violation of this section shall
constitute an infraction punishable by a fine of twenty-five dollars ($25.00).
I. Failure to license dog. It shall be unlawful for any dog owner to fail to obtain a City of
Meridian dog license for any dog owned by such person. It shall be an affirmative defense to a
ANIMAL CONTROL ORDINANCE UPDATE PAGE 9 OF 12
charge of violation of this section that such dog is six (6) months of age or younger. The person
raising such affirmative defense shall bear the burden of proof that such defense applies. A
person's first violation of this section shall constitute an infraction punishable by a fine of
twenty-five dollars ($25.00). A person's second violation of this section shall constitute an
infraction punishable by a fine of fifty dollars ($50.00). A person's third violation of this
section shall constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00)
and ninety (90) days jail.
J. Failure to update dog owner contact information. It shall be unlawful for any dog owner to
fail to provide to the City Cleric's Office or Meridian Police Department updated contact
information where there is a change in such dog owner's physical address, mailing address,
and/or telephone number registered with any City of Meridian dog license. A violation of this
section shall constitute an infraction punishable by a fine of ten dollars ($10.00).
K. Female dog in heat. It shall be unlawful for any owner of a female dog in heat to fail to
enclose such female dog in such a manner as to preclude other dogs from attacking or being
attracted to such female dog. A violation of this section shall constitute a misdemeanor
punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail.
L. Fraudulent display of dog license tag. It shall be unlawful for any dog owner to fail to cause
or allow any dog owned by such person to wear a dog license tag issued for another dog, or to
wear any imitation of a City of Meridian dog license tag. A violation of this section shall
constitute a misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety
(90) days jail.
M. Harboring excess dogs. It shall be unlawful for any person to own; keep, harbor, possess,
accept, or maintain custody, control, or care of, or license more than three (3) dogs at any single
residence, property, or premises. It shall be an affirmative defense to a charge of violation of
this section that such dogs comprise a single litter of puppies under six (6) months of age that is
kept at a single location with the mother dog. The person raising such affirmative defense shall
bear the burden of proof that such defense applies. A violation of this section shall constitute a
misdemeanor punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail.
N. Harboring rabid animal. It shall be unlawful for any person to own, keep, harbor, possess,
accept, or maintain custody, control, or care of any animal afflicted with rabies. A violation of
this section shall constitute a misdemeanor punishable by a fine of three hundred dollars
($300.00) and ninety (90) days jail. The Animal Control Officer may seize and impound any
animal found in violation of this section.
O. Harboring vicious dog. It shall be unlawful for any person to own a vicious dog in the City of
Meridian more than fourteen (14) days following the entry of a final decision that the dog is a
vicious dog. Fourteen (14) days following the entry of a final decision that the dog is a vicious
dog, such dog may be considered to be contraband, and may be seized pursuant to warrant and
euthanized. A violation of this section shall constitute a misdemeanor punishable by a fine of
one thousand dollars ($1,000.00) and one hundred and eighty (180) days jail. Additionally,
ANIMAL CONTROL ORDINANCE UPDATE PAGE 10 OF 12
upon conviction, the court may authorize the animal control officer to seize, impound, and/or
euthanize the dog giving rise to the violation.
P. Improper disposal of dead dogs. It shall be unlawful for any person to place or leave any dead
dog on public or private property, including premises lawfully owned or possessed by such
person. A violation of this section shall constitute a misdemeanor punishable by a fine of three
hundred dollars ($300.00) and ninety (90) days jail.
Q. Interference with Animal Control Officer. It shall be unlawful for any person to hinder or
interfere with in any manner an Animal Control Officer who is enforcing any of the provisions
of this chapter. A violation of this section shall constitute a misdemeanor punishable by a fine of
three hundred dollars ($300.00) and ninety (90) days jail.
R. Removal of dog feces. It shall be unlawful for any person to fail to promptly remove and
dispose of, in a sanitary manner, any and all feces left by a dog owned or being handled by such
person on property, public or private, other than the premises of the owner or handler of such
dog. A violation of this section shall constitute an infraction punishable by a fine of twenty-five
dollars ($25.00).
S. Unlawful reclamation of impounded dog. It shall be unlawful for any person to recover or
attempt to recover possession of any impounded dog, in any manner contrary to City policy or
the provisions of this chapter. A violation of this section shall constitute a misdemeanor
punishable by a fine of three hundred dollars ($300.00) and ninety (90) days jail.
6-2-9: SEVERABILITY:
If any provision or section of this chapter shall be held to be invalid by a court of competent
jurisdiction, then such provision or section shall be considered separately and apart from the
remaining provisions or sections of this chapter, which shall remain in full force and effect.
Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this
ordinance are hereby voided.
PASSED by the City Council of the City of Meridian, Idaho, this day of June, 2012.
APPROVED by the Mayor of the City of Meridian, Idaho, this day of June, 2012.
APPROVED:
Tammy eeerd
Mayor
ATTEST:
�Uc;tisT
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City of
E IDIS IAIV ycee'
IDAHO-�� ty Clerk
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ANIMAL CONTROL ORDINANCE UPDATE PAGE I I OF 12
NOTICE AND PUBLISHED SUMMARY
OF ORDINANCE PURSUANT TO I.C. § 50-901(A)
CITY OF MERIDIAN ORDINANCE NO. 12- IS j
AN ORDINANCE OF THE CITY OF MERIDIAN REPEALING AND REPLACING
CHAPTER 2, TITLE 6 OF THE MERIDIAN CITY CODE, RELATING TO ANIMAL
CONTROL, INCLUDING DEFINITIONS; ANIMAL CONTROL OFFICER; CITY DOG
POUND; CITY OF MERIDIAN DOG LICENSE; IMPOUNDMENT, RECLAMATION,
AND RELINQUISHMENT OF DOGS; DECLARATION OF ABANDONMENT;
DECLARATION OF VICIOUS DOG; LIVESTOCK HARBORED ON PRIVATE
PROPERTY; PROHIBITED ACTS; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR A WAIVER OF THE READING RULES; AND PROVIDING AN EFFECTIVE DATE.
Mayor and City Council
By: Jaycee Holman, City Clerk
0�A�[3D ASU
w
of
E IDIA N
� toaato
SEAL
FST �Q °t
First Reading: - t f h e TRE pSu�Q�n�
Adopted after first reading by suspension of the Rule as allowed pursuant to
Idaho Code § 50-902: YES NO
Second Reading: — I
Third Reading: --
STATEMENT OF MERIDIAN CITY ATTORNEY AS TO
ADEQUACY OF SUMMARY OF ORDINANCE NO. 12 -
The undersigned, William L.M. Nary, City Attorney of the City of Meridian, Idaho, hereby
certifies that he is the legal advisor of the City and has reviewed a copy of the attached Ordinance
no. 116t t � JK of the City of Meridian, Idaho, and has found the same to be true and complete and
provides adequate notice to the public pursuant to Idaho Code § 50-901A(3).
DATED this day of , 2012.
William. L.M. Nary
City Attorney
ANIMAL CONTROL ORDINANCE UPDATE PAGE 12 OF 12
CITY OF MERIDIAN
CITY COUNCIL
PUBLIC HEARING SIGN-UP SWEEA
DATE June \¥.\i\\ ITEM # 813
PROJECT NAME Ordinance 12-1518 -Animal Control Code Updates
PLEASE PRINT NAME FSR AGAINST NEUTRAL
«gN 9C 9S9
4 1 y
• • U=01
DATE: June 26, 2012 ITEM NUMBER:9A
PROJECT NUMBER:
ITEM TITLE: Mayors Office: MYAC Budget Amendment
for a Not -to -Exceed Amount of $3,750.00 for the Youth Dinner and Youth Summit
ITH4411li;[rli;16110 ?
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
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STAFF
SENT TO
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SENT TO
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NOTES
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DATE:
PROJECT NUMBER:
111:9101111:411 Me!
in the Not -to -Exceed Amount of $111,400.00 for the Design of a Water Treatment Facility
at Well 21
MEETING NOTES
O,f,.A,Ud
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Clint Worthington, Staff Engineer II
DATE: June 20, 2012
Mayor Tammy de Weerd
City Council Nernbers8
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
SUBJECT: BUDGET AMENDMENT FOR FY2012 IN THE AMOUNT OF $111,400
FOR THE DESIGN OF A WATER TREATMENT FACILITY AT WELL
21.
A. Move to:
1. Approve the FY2012 Budget Amendment for $111,400; and
2. Authorize the Mayor to sign the amendment.
II. DEPARTMENT CONTACT PERSONS
Clint Worthington, Staff Engineer (Project Manager) 489-0349
Kyle Radek, Assist City Engineer 489-0343
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
III. DESCRIPTION
A. Background
•ound
This project was initiated to begin the process of mitigating brown water in the
water system by improving the water quality supplied by Well 21. Iron and
Manganese must be removed from supply water in order to provide adequate
chlorine residuals in the distribution system without precipitation of these
constituents which results in brown or black water coloration. Although there
Page 1 of 3
IV
0
VI.
are no known health threats from these elements, they can cause staining on
plumbing fixtures, laundry and cause unpleasant taste, smell. The primary
purpose and justification for this project is to improve customer satisfaction by
reducing water quality issues created by Iron and Manganese precipitation in
well water.
B. Proposed Project
This no -net -increase budget amendment will provide funding for the amount of
work able to be completed in FY 2012 of the design of an Iron and Manganese
Treatment Facility at Well 21. The remaining design work and construction will
take place in FY 2013 and will be included in the FY 2013 budget.
I'1►�i7�1 Y
A. Strategic Impact:
This project supports the Public Works Mission and Vision for enhancing and
protecting water quality.
B. Service/Delivery Impact:
The improvements will improve the water quality delivered to our customers and
allow us to maintain stable disinfectant residuals throughout the water system.
C. Fiscal Impact:
Project Costs
Well 21 Treatment Design(FY 2012) Not -to -exceed $111,400
Well 21 Treatment Design(FY 2013) Not -to -exceed $160,600
Well 21 Treatment Construction(FY 2013) Estimate $900,000
Project Funding
No -Net -Increase Budget Amendment $111,400
Total Funding(FY 2012) $111,400
ALTERNATIVES
A. The City could choose not to approve the budget amendment. Without this
amendment, design of the Treatment Facility at Well 21 will not be started in
FY 2012 and construction will not be complete by the end of FY 2013.
TIME CONSTRAINTS
Council approval will allow this project, to begin the design portion of the treatment
facility and allow us to stay on schedule for the completion of construction by the
end of FY 2013.
Page 2 of 3
VII. LIST OF ATTACHMENTS
11
A. Budget amendment for� °
Approved for Council Agenda:
Page 3 of 3
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• 1•`
- 26, 2012 ITEM NUMBER:.
PROJECT
• • �• . •ITIA Now
in the Not -to -Exceed Amount of $240,000.00 for Water Main Replacements
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
�V,
��
N I DLA H VO
Publi
ic
orksDepartment
TO: Mayor Tammy de Weerd
Members of the City Council
FROM: Kyle Radek, Assistant City Engineer
DATE: June 20, 2012
Mayor Tammy de Weerd
City Council Hemberso
Keith Bird
Brad Woaglun
Charles Rountree
David Zaremba
SUBJECT: BUDGET AMENDMENT FOR FY2012 IN THE AMOUNT OF $240,000
FOR WATER MAIN REPLACEMENTS
I. RECOMMENDED ACTION
A. Move to:
1. Approve the FY2012 Budget Amendment for $240,000; and
2. Authorize the Mayor to sign the amendment; and
3. Authorize Purchasing to create a purchase order for the King St/Williams St
Project in the not to exceed amount of $402,000.
II. DEPARTMENT CONTACT PERSONS
Kyle Radek, Assistant City Engineer 489-0343
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
III. DESCRIPTION
A. Background
The Engineering Division budgeted money in 2012 for multiple waterline
extension and waterline replacement projects. One of the waterline extension
projects was the ACRD Franklin Road -- Ten Mile to Linder project. ACRD later
postponed this project until 2013 making 2012 funds available for possible
reallocation. We are asking for authorization to use those funds, along with
additional funding from the consulting services budget, to complete the King
Page I of 3
M
V.
VI.
St/Williams St Waterline Replacement Project. This project needs to be
completed prior to construction of the Main Street Overlay and Split Corridor
Phase 2 construction, and has been identified as a priority in our water main
replacement program.
A. Strategic Impact:
This supports our mission requirement to anticipate, plan, and provide exemplary
public services and facilities that support the needs of our growing community in
an efficient, customer -focused and financially responsible manner.
B. Service/Delivery Impact:
The improvements funded by the proposed amendment will increase fire flows,
improve water quality and system reliability.
C. Fiscal Impact:
The effect of this amendment on the overall Public Works budget is net zero.
Below is a breakdown of the proposed re -allocation of budgeted dollars.
General Ledger Dollar Amount
Consulting 3200-55090 -$60,000
Water Line Replacements 3490-95000 +$240,000
Water Line Extensions 3490-96140 -$180,000
Net Effect $0
ALTERNATIVES
The City could choose not to approve the budget amendment. Without this
amendment the King St/Williams St Waterline Replacements would have to wait
approximately five years to be constructed and the benefits of increased fire flow
and water quality would not be realized until that time.
TIME CONSTRAINTS
Construction of the King St/Williams St project is expected to commence the second
week of July.
LIST OF ATTACHMENTS
A. Budget amendment form
Page 2 of 3
Approved for Council Agenda:
2
Warren S ewart, Engineering Manager Dat
Page 3 of 3
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z
DATE: - 26, •
for "Well 16b Test Well Construction" to Treasure Valley Drilling and Pump, Inc." for the
Not -To -Exceed Amount of $56,690.00
MEETING NOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS
To: Jaycee L. Holman, City Clerk,
From: Keith Watts, Purchasing Manager
CC: Jacy Jones, Kyle Radek
Date: 6/21/12
Re: June 26 City Council Meeting Agenda Item
The Purchasing Department respectfully requests that the following item be placed on the
June 26th City Council Agenda under Purchasing Department Report.
Approval of Bid Award and Agreement for "Well 16b Test Well Construction" to
Treasure Valley Drilling and Pump, Inc for the Not -To -Exceed amount of $56,690.00.
This award is the result of Invitation for Bid #PW -12-10312b issued May 2, 2012 and
opened May 15, 2012. Three bids were received.
The apparent low bidder, Hiddleston Drilling and Pump Company, requested to be
excused from the bid in the time frame allowed by statute. The Consultant and
Project Manager agreed that the award should be issued to the 2nd low bidder,
Treasure Valley Drilling & Pump, Inc. Treasure Valley was only $193.95 higher than
Hiddleston.
Recommended Council Action: Approval of Bid and Agreement to Treasure
Valley Drilling and Pump for the Not -To -Exceed amount of $56,690.00.
Thank you for your consideration.
• Page 1
f
E IDIAN*,-,-.,
1 J1
,
Public N I
Works Department
TO: Keith Watts
FROM: Kyle Radek
DATE: 6/8/12
SUBJECT: Project Information; Well 16 B Test Well Construction
1. DEPARTMENT CONTACT PERSONS
Kyle Radek, Asst, City Engineer 489-0343
Warren Stewart, PW Engineering Manager 489-0350
Tom Barry, Director of Public Works 489-0372
11. DESCRIPTION
Mayor Tammy de Weerd
City Council Hemberss
Keith Bird
Brad Hoaglun
Charles Rountree
David Zaremba
A. Background
Well 16 was constructed in 1996. In 2011, Uranium was detected above maximum
contaminant levels. During a subsequent well assessment, it was determined that the well
casing was severely corroded and would likely be compromised within a few years. If the
casing continues to deteriorate it could serve as a source of contamination to other parts
of the aquifer.
B. Proposed Project
This project involves drilling a new test well at the current Well 16 site. The test well
will allow us to determine where the best water quality can be accessed. This will provide
the data needed to design a new production well at the existing well site.
III. IMPACT
A. Strategic Impact:
This project is aligned with the Public Works objective of being opportunistic in planning
for growth and infrastructure needs.
B. Service/Delivgy Impact:
The Water Division of Public Works, in a continuing effort to provide high quality
potable water and fire protection to the citizens of Meridian, has identified the need to
replace Well 10. Well 10B will be located in Pressure Zone 3.
C. Fiscal Impacts:
Proposed Test Well Construction Cost
Page I of 2
$56,690.00
Availabel funding (3490-96116) $150,000.00
Approved for Council Agenda: -z-
Warren Stewart Date
Page 2 of 2
AGREEMENT FOR INDEPENDENT PROJECTOR SERVICES
.: TEST WELL CONSTRUCTION)
PROJECT
THIS AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made
this ;_ol6 day of ..;une , 2012, 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 TREASURE VALLEY DRILLING AND PUMP, INC, hereinafter referred to as
"CONTRACTOR", whose business address is P O BOX 547, WEISER, ID 83672 and
whose Public Works Contractor License # is C -15542-B-4.
I kilfilmi7711[obt
Whereas, the City has a need for services involving WELL 16B TEST
WELL CONSTRUCTION; and
WHEREAS, the Contractor is specially trained, experienced and
competent to perform and has agreed to provide such services;
NOW, THEREFORE, in consideration of the mutual promises, covenants,
terms and conditions hereinafter contained, the parties agree as follows:
Scope of Work:
1.1 CONTRACTOR 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 work, and comply in all respects, as specified in
the document titled "Scope of Work" 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 Contractor under this Agreement, including without
limitation electronic data files, are the property of the Contractor; provided,
however, the City shall have the right to reproduce, publish and use all
such work, or any part thereof, in any manner and for any purposes
whatsoever and to authorize others to do so. If any such work is
copyrightable, the Contractor may copyright the same, except that, as to
any work which is copyrighted by the Contractor, the City reserves a
royalty -free, non-exclusive, and irrevocable license to reproduce, publish
and use such work, or any part thereof, and to authorize others to do so.
WELL 16B TEST WELL CONSTRUCTION page 1 of 11
Project 10312B
1.3 The Contractor shall provide services and work under this
Agreement consistent with the requirements and standards established by
applicable federal, state and city laws, ordinances, regulations and
resolutions. The Contractor 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 that are in effect at the time of performance of this
Agreement. Except for that representation and any representations made
or contained in any proposal submitted by the Contractor and any reports
or opinions prepared or issued as part of the work performed by the
Contractor under this Agreement, Contractor makes no other warranties,
either express or implied, as part of this Agreement.
1.4 Services and work provided by the Contractor at the City's request
under this Agreement will be performed in a timely manner in accordance
with a Schedule of Work, which the parties hereto shall agree to. The
Schedule of Work may be revised from time to time upon mutual written
consent of the parties.
2. Consideration
2.1 The Contractor shall be compensated on a Not -To -Exceed basis as
provided in Attachment B "Payment Schedule" attached hereto and by
reference made a part hereof for the Not -To -Exceed amount of
$56,690.00.
2.2 The Contractor shall provide the City with a monthly statement, as
the work warrants, of fees earned and costs incurred for services provided
during the billing period, which the City will pay within 30 days of receipt of
a correct invoice and approval by the City. The City will not withhold any
Federal or State income taxes or Social Security Tax from any payment
made by City to Contractor under the terms and conditions of this
Agreement. Payment of all taxes and other assessments on such sums is
the sole responsibility of Contractor.
2.3 Except as expressly provided in this Agreement, Contractor shall
not be entitled to receive from the City any additional consideration,
compensation, salary, wages, or other type of remuneration for services
rendered under this Agreement including, but not limited to, meals,
lodging, transportation, drawings, renderings or mockups. Specifically,
Contractor shall not be 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.
WELL 16B TEST WELL CONSTRUCTION page 2 of 11
Project 10312B
3. Tera:
3.1 This agreement shall become effective upon execution by both
parties, and shall expire upon (a) completion of the agreed upon work, (b)
September 30, 2012 or (c) unless sooner terminated as provided below or
unless some other method or time of termination is listed in Attachment A.
3.2 Should Contractor default in the performance of this Agreement or
materially breach any of its provisions, City, at City's option, may
terminate this Agreement by giving written notification to Contractor.
3.3 Should City fail to pay Contractor all or any part of the
compensation set forth in Attachment B of this Agreement on the date
due, Contractor, at the Contractor's option, may terminate this Agreement
if the failure is not remedied by the City within thirty (30) days from the
date payment is due.
3.4 TIME FOR EXECUTING CONTRACT AND LIQUIDATED
DAMAGES
Upon receipt of a Notice to Proceed, the Contractor shall have 90 (ninety)
calendar days to complete the work as described herein. Contractor shall
be liable to the City for any delay beyond this time period in the amount of
three hundred dollars ($300.00) per calendar day. Such payment shall be
construed to be liquidated damages by the Contractor in lieu of any claim
or damage because of such delay and not be construed as a penalty.
4. Termination:
4.1 If, through any cause, CONTRACTOR, 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 CONTRACTOR of such termination
and specifying the effective date thereof at least fifteen (15) days before
the effective date of such termination. CONTRACTOR may terminate this
agreement at any time by giving at least sixty (60) days notice to CITY.
In the event of any termination of this Agreement, all finished or
unfinished documents, data, and reports prepared by CONTRACTOR
under this Agreement shall, at the option of the CITY, become its
property, and CONTRACTOR shall be entitled to receive just and
equitable compensation for any work satisfactorily complete hereunder.
WELL 16B TEST WELL CONSTRUCTION page 3 of 11
Project 10312B
4.2 Notwithstanding the above, CONTRACTOR shall not be relieved of
liability to the CITY for damages sustained by the CITY by virtue of any
breach of this Agreement by CONTRACTOR, and the CITY may withhold
any payments to CONTRACTOR for the purposes of set-off until such
time as the exact amount of damages due the CITY from CONTRACTOR
is determined. This provision shall survive the termination of this
agreement and shall not relieve CONTRACTOR of its liability to the CITY
for damages.
5. Independent Contractor:
5.1 In all matters pertaining to this agreement, CONTRACTOR shall be
acting as an independent contractor, and neither CONTRACTOR nor any
officer, employee or agent of CONTRACTOR will be deemed an
employee of CITY. Except as expressly provided in Attachment A,
Contractor has no authority or responsibility to exercise any rights or
power vested in the City and therefore has no authority to bind or incur
any obligation on behalf of the City. The selection and designation of the
personnel of the CITY in the performance of this agreement shall be
made by the CITY.
5.2 Contractor, its agents, officers, and employees are and at all times
during the term of this Agreement shall represent and conduct themselves
as independent contractors and not as employees of the City.
5.3 Contractor shall determine the method, details and means of
performing the work and services to be provided by Contractor under this
Agreement. Contractor shall be responsible to City only for the
requirements and results specified in this Agreement and, except as
expressly provided in this Agreement, shall not be subjected to City's
control with respect to the physical action or activities of Contractor in
fulfillment of this Agreement. If in the performance of this Agreement any
third persons are employed by Contractor, such persons shall be entirely
and exclusively under the direction and supervision and control of the
Contractor.
6. Indemnification and Insurance:
6.1 CONTRACTOR shall indemnify and save and hold harmless CITY
from and for any and all losses, claims, actions, judgments for damages,
or injury to persons or property and losses and expenses and other costs
including litigation costs and attorney's fees, arising out of, resulting from,
or in connection with the performance of this Agreement by the
CONTRACTOR, its servants, agents, officers, employees, guests, and
business invitees, and not caused by or arising out of the tortious conduct
of CITY or its employees. CONTRACTOR shall maintain, and specifically
agrees that it will maintain, throughout the term of this Agreement, liability
WELL 16B TEST WELL CONSTRUCTION page 4 of 11
Project 103128
insurance in which the CITY shall be named an additional insured in the
minimum amounts as follow: General Liability One Million Dollars
($1,000,000) per incident or occurrence, Automobile Liability Insurance
One Million Dollars ($1,000,000) per incident or occurrence and Workers'
Compensation Insurance, in the statutory limits as required by law.. The
limits of insurance shall not be deemed a limitation of the covenants to
indemnify and save and hold harmless CITY; and if CITY becomes liable
for an amount in excess of the insurance limits, herein provided,
CONTRACTOR covenants and agrees to indemnify and save and hold
harmless CITY from and for all such losses, claims, actions, or judgments
for damages or injury to persons or property and other costs, including
litigation costs and attorneys' fees, arising out of, resulting from , or in
connection with the performance of this Agreement by the Contractor or
Contractor's officers, employs, agents, representatives or subcontractors
and resulting in or attributable to personal injury, death, or damage or
destruction to tangible or intangible property, including use of.
CONTRACTOR shall provide CITY with a Certificate of Insurance, or
other proof of insurance evidencing CONTRACTOR'S compliance with the
requirements of this paragraph and file such proof of insurance with the
CITY at least ten (10) days prior to the date Contractor begins
performance of it's obligations under this Agreement. In the event the
insurance minimums are changed, CONTRACTOR shall immediately
submit proof of compliance with the changed limits. Evidence of all
insurance shall be submitted to the City Purchasing Agent with a copy to
Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho
83642.
6.2 Any deductibles, self-insured retention, or named insureds must
be declared in writing and approved by the City. At the option of the City,
either: the insurer shall reduce or eliminate such deductibles, self-insured
retentions or named insureds; or the Contractor shall provide a bond,
cash or letter of credit guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
6.3 To the extent of the indemnity in this contract, Contractor's
Insurance coverage shall be primary insurance regarding the City's
elected officers, officials, employees and volunteers. Any insurance or
self-insurance maintained by the City or the City's elected officers,
officials, employees and volunteers shall be excess of the Contractor's
insurance and shall not contribute with Contractor's insurance except as
to the extent of City's negligence.
6.4 The Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the
limits of the insurer's liability.
WELL 16B TEST WELL CONSTRUCTION page 5 of 11
Project 10312B
6.5 All insurance coverages for subcontractors shall be subject to all of
the insurance and indemnity requirements stated herein.
6.6 The limits of insurance described herein shall not limit the liability of
the Contractor and Contractor's agents, representatives, employees or
subcontractors.
7. Bonds: Payment and Performance Bonds are required on all Public
Works Improvement Projects per the ISPWC and the City of Meridian
Supplemental Specifications & Drawings to the ISPWC, which by this
reference are made a part hereof.
8. Warranty: Contractor must warrant the project per the ISPWC and the
City of Meridian Supplemental Specifications & Drawings to the ISPWC,
which by this reference are made a part hereof.
9. Notices: Any and all notices required to be given by either of the parties
hereto, unless otherwise stated in this agreement, shall be in writing and
be deemed communicated when mailed in the United States mail,
certified, return receipt requested, addressed as follows:
CITY CONTRACTOR
City of Meridian TREASURE VALLEY DRILLING & PUMP
Purchasing Manager Attn: Sherry Young
33 E Broadway Ave P O BOX 547
Meridian, ID 83642 Weiser, ID 83672
208-888-4433 Phone: 208-465-6100
Email: tvdrilling@msn.com
Idaho Public Works License #C -15542-B-4
Either party may change their address for the purpose of this paragraph
by giving written notice of such change to the other in the manner herein
provided.
10. Attorney Fees: Should any litigation be commenced between the parties
hereto concerning this Agreement, the prevailing party shall be entitled, in
addition to any other relief as may be granted, to court costs and
reasonable attorneys' fees as determined by a Court of competent
jurisdiction. This provision shall be deemed to be a separate contract
between the parties and shall survive any default, termination or forfeiture
of this Agreement.
11. 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.
WELL 16B TEST WELL CONSTRUCTION page 6 of 11
Project 10312B
12. Assignment: It is expressly agreed and understood by the parties
hereto, that CONTRACTOR shall not have the right to assign, transfer,
hypothecate or sell any of its rights under this Agreement except upon the
prior express written consent of CITY.
13. Discrimination Prohibited: In performing the Work required herein,
CONTRACTOR shall not unlawfully discriminate in violation of any
federal, state or local law, rule or regulation against any person on the
basis of race, color, religion, sex, national origin or ancestry, age or
disability.
14. Reports and Information:
14.1 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.
14.2 Contractor shall maintain all writings, documents and records
prepared or compiled in connection with the performance of this
Agreement for a minimum of four (4) years from the termination or
completion of this or Agreement. This includes any handwriting,
typewriting, printing, photo static, photographic and every other means of
recording upon any tangible thing, any form of communication or
representation including letters, words, pictures, sounds or symbols or any
combination thereof.
15. Audits and Inspections: At any time during normal business hours and
as often as the CITY may deem necessary, there shall be made available
to the CITY for examination all of CONTRACTOR'S records with respect
to all matters covered by this Agreement. CONTRACTOR shall permit the
CITY to audit, examine, and make excerpts or transcripts from such
records, and to make audits of all contracts, invoices, materials, payrolls,
records of personnel, conditions of employment and other data relating to
all matters covered by this Agreement.
16. 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.
17. Compliance with Laws: In performing the scope of work required
hereunder, CONTRACTOR shall comply with all applicable laws,
ordinances, and codes of Federal, State, and local governments.
18. Changes: The CITY may, from time to time, request changes in the
Scope of Work to be performed hereunder. Such changes, including any
WELL 16B TEST WELL CONSTRUCTION page 7 of 11
Project 10312B
increase or decrease in the amount of CONTRACTOR'S compensation,
which are mutually agreed upon by and between the CITY and
CONTRACTOR, shall be incorporated in written amendments which shall
be executed with the same formalities as this Agreement.
19. 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.
20. Waiver of Default: Waiver of default by either party to this Agreement
shall not be deemed to be waiver of any subsequent default. Waiver or
breach of any provision of this Agreement shall not be deemed to be a
waiver of any other or subsequent breach, and shall not be construed to
be a modification of the terms of this Agreement unless this Agreement is
modified as provided above.
21. Advice of Attorney: Each party warrants and represents that in
executing this Agreement. It has received independent legal advice from
its attorney's or the opportunity to seek such advice.
22. 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.
23. Order of Precedence: The order or precedence shall be the contract
agreement, the Invitation for Bid document, then the winning bidders
submitted bid document.
24. Public Record's Act: 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 CITY
will not accept the marking of an entire document as exempt. In addition, the
CITY will not accept a legend or statement on one (1) page that all, or
substantially all, of the document is exempt from disclosure. The Contractor
shall indemnify and defend the CITY 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 CITY shall
constitute a complete waiver of any and all claims for damages caused by
any such release.
WELL 16B TEST WELL CONSTRUCTION page 8 of 11
Project 10312B
25. 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.
26. Approval Required This Agreement shall not become effective or
binding until approved by the City of Meridian.
TREASURE VALLEY DRILLING & PUMP
BY: —4�
Dated: I
Approved by Council: r /
Attest:
JAYCEE—L. HOLM -49, CITY CLERK
Purchasing Approval
KEITH ATTS, Putch6- jt g'Manager
Dated:: °C
;gyp n �o°Sr
�9
Oma,
City of
SEAL.
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6
BY:
Wv Engineering M
anagerAEN STEWA te
Dated:: i
WELL 16B TEST WELL CONSTRUCTION page 9 of 11
Project 10312B
Attachment A
[ s A - a -4M tlI-LT ►yjM%0 Eel Z,rto] 117, uylys FZ ul 9 M :1
WELL 16B TEST WELL CONSTRUCTION page 10 of 11
Project 10312B
Attachment B
• �_
A. Total and complete compensation for this Agreement shall not exceed
$56,690.00.
Travel expenses, if applicable, will be paid at no more than the City of Meridian's
Travel and Expense Reimbursement Policy.
WELL 16B TEST WELL CONSTRUCTION page 11 of 11
Project 10312B
PRICING SCHEDULE
Contract includes furnishing all labor, materials,
WELL 16B TEST WELL CONSTRUCTION per
equipment, and incidentals as required for the
IFB PW -12-10312B
CONTRACT TOTAL .......................
56 690.00
ITEM PRICING BELOW WILL BE USED FOR CHANGE ORDER PRICING ONLY.
Item
No.
Description
Quantity
Unit
Unit Price
1
Mobilization
1
LS
$9,000.00
2
12 -INCH DRILLING
31
LF
$125.00
3
10 -INCH STEEL CASING
31
LF
$45.00
4
10 -INCH HARDENDED DRIVESHOE
1
LS
$200.00
5
8 1/2 —INCH DRILLING
552
LF
$50.00
6
2 -INCH PVC WELL SCREEN
155
LF
$6.00
7
2 -INCH PVC CASING
1,508
LF
$5.00
8
SAND FILTER
1.9
CY
$1,000.00
9
BENTONITE GROUT SEAL
3.2
CY
$1,000.00
10
CEMENT GROUT SEAL
.7
CY
$1,000.00
11
MISC SITE WORK
1
HR
$350.00
Travel expenses, if applicable, will be paid at no more than the City of Meridian's
Travel and Expense Reimbursement Policy.
WELL 16B TEST WELL CONSTRUCTION page 11 of 11
Project 10312B
klou,nitain Horne Office
12 0 N. W. Bea.rnan St.
rvloUnta,in Home, ID 836,17
2'U8-587-9055
faix 208-587-9816
May 2t, 2012
Keith Watts, Purchasing Manager
City of Meridian
33 East Broadway Ave.
Meridian, ID 83642
RE: Bid Submittal Withdrawal
Well 16B Test Well Construction
Mse Offk'e
5932 VY. Victcry
Br,(se, ID 83709
208-562. 900
fax 208-362-9723
%A ti"(K OFF
Hiddleston Drilling & Pump Company regrets that it must withdraw our Bid Submittal dated
May 14, 2012 for the Well 16B Test Well Construction.
Reason for our withdrawal is unavailability of the equipment needed for this project as this
equipment has been committed to construction that extended its work beyond the completion
dates required for this bid.
We apologize for any inconvenience this causes. We value our relationship with you and thank
you for opportunities to bid on projects for the City of Meridian.
Sincerely,
Mark S Hiddleston
Secretary
Hiddleston & Son, Inc.
1240 NW Beaman St
Mountain Home, ID 83647
i i une 26, 2012
I-aZON*0d ZtIIkvi1-.14
TEM TITLE: Future 1'-- • Topics
W,EETIVG VOTES
Community Item/Presentations Presenter Contact Info./Notes
CLERKS OFFICE FINAL ACTION
DATE:
E-MAILED TO
STAFF
SENT TO
AGENCY
SENT TO
APPLICANT
NOTES
INITIALS