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2013-10-01IDIAN�-- IDAHO CITY OF MERIDIAN CITY COUNCIL PRE -COUNCIL MEETING SPECIAL MEETING AGENDA Tuesday, October 1, 2013 at 5:30 p.m. City Council Chambers 33 East Broadway Avenue, Meridian, Idaho Roll -call Attendance: X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd (arrived at 5:38 p.m.) 2. Adoption of the Agenda Adopted 3. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 5:31 p.m. Out of Executive Session at 6:19 p.m. Adjourned at 6:20 p.m. Meridian City Council Pre -Council Meeting Agenda — October 1, 2013 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 October 1, 2013 A special pre-council meeting of the Meridian City Council was called to order at 5:30 p.m., Tuesday, October 1, 2013, by Mayor Tammy de Weerd. Members Present: David Zaremba, Keith Bird, Charlie Rountree, Brad Hoaglun. Members Absent: Mayor Tammy de Weerd (arrived at 5:38) Item 1: Roll-call Attendance: Roll call. X David Zaremba X Brad Hoaglun X Charlie Rountree X Keith Bird O Mayor Tammy de Weerd (arrived at s:ss> Hoaglun: Okay. I will ~o ahead and call this precouncil meeting to order. Today's date is Tuesday, October 1 S . It's 5:30 p.m. I will start with roll call attendance, Madam Clerk. Item 2: Adoption of the Agenda Adopted Hoaglun: Thank you. Item No. 2 is adoption of the agenda. Rountree: Move we adopt the precouncil meeting as printed. Bird: Second. Hoaglun: I have a motion and a second. All those in favor say aye. All ayes. Motion carried. ALL AYES. MOTION CARRIED. Item 3: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Hoaglun: Item 3 is Executive Session. Bird: Mr. President? Hoaglun: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1) (f). Rountree: Second. Hoaglun: I have a motion and a second to enter into Executive Session. Madam Clerk, Meridian City Council Pre-Council Meeting October 1, 2013 Page 2 of 3 will you call roll. Roll Call: Bird, yea; Rountree, aye; Zaremba, aye; Hoaglun, aye. Hoaglun: All ayes. Motion carried. ALL AYES. MOTION CARRIED. Hoaglun: We are adjourned into Executive Session. EXECUTIVE SESSION: (5:31 p.m. to 6:19 p.m.) De Weerd: Council, I would entertain a motion to come out of Executive Session. Rountree: So moved. Bird: Second. De Weerd: All those in favor say aye. All ayes. Motion carried. ALL AYES. MOTION CARRIED. De Weerd: Do I have a motion to adjourn? Rountree: So moved. Bird: Second. De Weerd: All those in favor. ALL AYES. MOTION CARRIED. MEETING ADJOURNED AT 6:20 P.M. (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) - %~~,~ -~ ~~~ -L~~~_~ I3 MAYO MMY DE WEERD DATE APPROVED ATTEST: ~~- ~I 'r, YCE~-IOLMAN, CITY CLE ~ ! `'t~°~ ~ b„~.~~~~EII~,IO~A N~- ~~~~~o ~~ SE~.L ~,f~ ~4P ~r ~~ryr THE a`•'~~A WE FIDIAN CITY COUNCIL REGULAR IDAHO MEETING AGENDA AMENDED AGENDA City Council Chambers 33 East Broadway Avenue Meridian, Idaho Tuesday, October 01, 2013 at 6:00 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 3. Community Invocation by Tammy Harris with Ten Mile Christian Church 4. Adoption of the Agenda Adopted 5. Proclamation A. Fire Prevention Month Proclamation 2013 6. Consent Agenda Approved A. Professional Services Agreement with M.D. Willis, Inc. for Stenographic Services B. Cooperative Agreement with Idaho Transportation Department (ITD) for I- 84, Meridian Road Interchange C. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 1370 E. Ustick Road D. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 2425 E. Ustick Road Meridian City Council Meeting Agenda — Tuesday, October 01, 2013 Page 1 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. E. Award of Bid and Approval of Agreement to Haemker Construction, Inc. for "Generations Plaza Upgrades" for the Not -To -Exceed Amount of $115,000.00 F. Award of RFP and Approval of Agreement to Pegasus Planning and Development for "Field Innovation District Study" for the Not -To -Exceed Amount of $55,500.00 G. Award of RFP and Approval of Agreement to Moss Adams, LLP for "Professional Analysis for Utility Billing Software Selection" for the Not -To - Exceed amount of $64,680.00 H. Award of Agreement Renewal for "Utility Billing Customer Services" to Billing Document Specialists for the Not -To -Exceed Amount of $234,600.00 Approval of Contract Amendment #2 to Extend the Contract for "Poly - Aluminum Chloride" to Kemira Water Solutions for the Not -To -Exceed Amount of $70,000.00 J. Approval of Contract Amendment No. 3 to Extend the Contract for "Janitorial Services" to Varsity Contractors, Inc. for the Not -To -Exceed Amount of $110,846.64 K. Development Agreement for Approval: MDA 13-012 Accolade by Fields at Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Accolade Development Agreement (Instrument #112107771) to Reduce the Required Number of Carports L. Findings of Fact, Conclusions of Law for Approval: PP 13-017 Zebulon Commons Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Preliminary Plat Approval Consisting of Thirty -Eight (38) Residential Building Lots and Four (4)Common / Other Lots on 13.56 Acres of Land with an R-8 Zoning District M. Findings of Fact, Conclusions of Law for Approval: MDA 13-014 Cope Subdivision by Quadrant Consulting, Inc. Located Northeast Corner of S. Meridian Road and E. Overland Road Request: Amend the Development Agreement (Instrument #107005525) for the Purpose of Attaching a New Concept Plan and Building Elevations N. Findings of Fact, Conclusions of Law for Approval: PP 13-015 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Preliminary Plat Approval for Two (2) Buildable Lots on Approximately 9.41 Acres in a Proposed I -L Zoning District Meridian City Council Meeting Agenda — Tuesday, October 01, 2013 Page 2 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. O. Findings of Fact, Conclusions of Law for Approval: RZ 13-007 Baltic Place Addition Located South of E. Franklin Road and West of E. Kalispell Street Request: Rezone of Approximately 9.41 Acres from the R-40 (High -Density Residential) Zoning District to the I -L (Industrial) Zoning District P. Findings of Fact, Conclusions of Law for Approval: MDA 13-013 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Amend the Recorded Development Agreement (Instrument #102090926) for the Purpose of Excluding the Proposed Baltic Place Addition Property and Modifying Certain Sections that Reference the Development of the R-40 Apartment Parcel Q. Resolution No. 13-951: CPAM 13-001 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on Approximately 9.41 Acres from High Density Residential to Industrial R. Resolution No. 13-952: Donation of T -Kennel Systems as Surplus Property to the Meridian Valley Humane Society S. Resolution No. 13-953: Reappointing Keith Bird to the Meridian Development Corporation (MDC) 7. Items Moved From Consent Agenda None 8. Action Items A. Conditional Use Permit Fee Waiver Request by Kim Bohrer Denied B. FP 13-038 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 114 Mile North of E. Victory Road Request: Final Plat Approval Consisting of Three (3) Office Lots, Twenty (20) Residential Lots and Three (3) Common Lots on Approximately 4.52 Acres in the Proposed L -O and R-8 Zoning Districts Approved C. Public Hearing: Substantial Amendment to the Community Development Block Grant (CDBG) Program Year 2012 Action Plan Approved D. Public Hearing: Community Development Block Grant (CDBG) Program 2013 Annual Action Plan Approved E. Three Party Agreement with the City of Meridian, LC Inc., and Meridian Heights Water & Sewer District Moved to Item 12 Meridian City Council Meeting Agenda — Tuesday, October 01, 2013 Page 3 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. 9. Department Reports A. Mayor's Office: Resolution No. 13-954: Appointment of Steven Cory to Seat 4 and Nancy Mann to Seat 5 of the Meridian Solid Waste Advisory Commission Approved B. Mayor's Office: Resolution No. 13-955: Appointment of Phillip Liddell to Seat 1 and Treg A. Bernt to Seat 2 of the Meridian Parks and Recreation Commission Approved C. Solid Waste Advisory Commission: SWAC Recommendation on the Renewal of the Solid Waste Franchise Agreement with Republic Services for FY2014 D. Solid Waste Advisory Commission (SWAC): Annual Close-out Report for the FY13 Community Recycling Fund E. Meridian Arts Commission Recommendation - Meridian Split Corridor Phase 2 Public Art Project Approved F. Parks & Recreation Department: Budget Amendment in the Amount of $15,000.00 for Completion of the Park Dedication Plaque Project Approved G. Parks & Recreation Department Report: Parks Code Update H. Parks and Recreation Department: First Reading of Ordinance No. 13-1579: Parks and Recreation Code Update First Reading 10. Future Meeting Topics None 11. Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation Into Executive Session at 7:46 p.m. Out of Executive Session at 9:15 p.m. 12. Moved from Item 8E: Three Party Agreement with the City of Meridian, LC Inc., and Meridian Heights Water & Sewer District Approved with Conditions Adjourned at 9:26 p.m. Meridian City Council Meeting Agenda — Tuesday, October 01, 2013 Page 4 of 4 All materials presented at public meetings shall become property of the City of Meridian. Anyone desiring accommodation for disabilities related to documents and/or hearing, please contact the City Clerk's Office at 888-4433 at least 48 hours prior to the public meeting. Meridian City Council October 1, 2013 A meeting of the Meridian City Council was called to order at 6:20 p.m., Tuesday, October 1, 2013, by Mayor Tammy de Weerd. Members Present: Mayor Tammy de Weerd, Brad Hoaglun, Charlie Rountree, David Zaremba, and Keith Bird. Others Present: Ted Baird, Jaycee Holman, Caleb Hood, Den Hartog, Kyle Radek, John Perry Palmer, Mollie Mangerich, Steve Siddoway 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 all for joining us this evening. Sorry we are starting late. We apologize for that delay. But welcome to the City Council meeting. And, for the record, it is October 1st. It's 6:15 -- 6:20. Madam Clerk, will you call roll. Item 2: Pledge of Allegiance De Weerd: Item No. 2 is the pledge to our flag. If you will all rise and join us in the pledge. (Pledge of Allegiance recited.) Item 3: Community Invocation by Tammy Harris with Ten Mile Christian Church De Weerd: Item No. 3 is our community invocation. Tonight we will be led by Tammy Harris with Ten Mile Christian Church. Thank you for joining us. Yes. Harris: Let's pray. Father God, we are just very grateful for this time set aside to be about the business of adjusting the needs of this community. I thank you for each one present and for the time and talent that's represented here and for the devotion to be discerning and wise about how to govern the people in this community. I just pray that you would allow your presence to be here and to govern the things that are addressed. Help there to be order and harmony and just help us to be mindful of those that are not present to speak for themselves. I thank you again for all that you do as a loving and caring God and devote this time to you, in Jesus' name, amen. De Weerd: Tammy, I'd like to present you a City of Meridian pin for leading us tonight. Thank you for being here. Meridian City Council October 1, 2013 Page 2 of 40 Item 4: Adoption of the Agenda De Weerd: Okay. Item No. 4 is adoption of the agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: For tonight's agenda we do have some changes. Under Item 6, the Consent Agenda, 6-Q is Resolution No. 13-951. 6-R is Resolution No. 13-952. And 6-F is Resolution No. 13-953. Under Department Reports 9-A is Resolution No. 13-954. 9-B is Resolution No. 13-955. And 9-H will be a first reading of Ordnance No. 13-1579. Also we want to add in Item 11, which is an Executive Session per Idaho State Code 67-2345(1)(f). And following that we want to move under Action Items 8-E will be moved to be a discussion and considered following the Executive Session. So, that would be No. 12. Item 12. So, with those changes, Madam Mayor, I move adoption of the agenda as amended. Rountree: Second. De Weerd: I have a motion and a second to adopt the agenda as amended. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Item 5: Proclamation A. Fire Prevention IVlonth Proclamation 2013 De Weerd: Item 5 is a proclamation and I will move down to the podium and ask -- is Pam here? I will ask Pam to join me. Sparky didn't take his obedience training classes tonight. I can see that. Sparky, if you will come join us we will get this taken care of. Oh, brother. Okay. Talk about a prevention dog with personality, uh? Whereas the City of Meridian is committed to insuring the safety and security of all those living and visiting our city and whereas Meridian's fire department has been able to provide 4,300 smoke alarms to the community free of charge through Project Safe and whereas Meridian's first responders are dedicated to reducing the occurrence of home fires and home fire injuries through prevention education and whereas Meridian's residents are responsive to public education measures and are able to take personal steps to increase their safety from fire and whereas the 2013 fire prevention month, these prevent kitchen fires effectively serves to remind us all of the simple actions we can take to stay safe from fire. Therefore, I, Tammy de Weerd, Mayor of the City of Meridian, hereby proclaim October 2013 as fire prevention month in the City of Meridian and I call upon the people of our community to heed the important safety message of preventing home fires in our community in support of public safety. And I sign that this 1st day of Meridian City Council October 1, 2013 ~ Page 3 of ~}0 October and I will present this to our fire prevention specialist Pam and ask you to say a few words. Orr: Thank you. Well, Sparky came out tonight. He and I and the fire crews and -- will be out teaching as much as we possibly can this important message for the community and it is a very important message, because fires are our number one fire loss in -- across America and so we thank you, Mayor Tammy, for doing this proclamation for the city and all of you can help us in getting this important message out. So, thank you very much. De Weerd: And I will just say for the record this program -- the safety program with the fire alarms in every home has won a state award recognizing the efforts of our fire prevention activities and, Sparky and Pam, thank you for joining us here tonight. You never know who is going to show up to our meetings, uh? Item 6: Consent Agenda A. Professional Services Agreement with M.D. Willis, Inc. for Stenographic Services B. Cooperative Agreement with Idaho Transportation Department (ITD) for I-84, Meridian Road Interchange C. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 1370 E. Ustick Road D. Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 2425 E. Ustick Road E. Award of Bid and Approval of Agreement to Haemker Construction, Inc. for "Generations Plaza Upgrades" for the Not-To-Exceed Amount of $115,000.00 F. Award of RFP and Approval of Agreement to Pegasus Planning and Development for "Field Innovation District Study" for the Not-To-Exceed Amount of $55,500.00 G. Award of RFP and Approval of Agreement to Moss Adams, LLP for "Professional Analysis for Utility Billing Software Selection" for the Not-To-Exceed amount of $64,680.00 H. Award of Agreement Renewal for "Utility Billing Customer Services" to Billing Document Specialists for the Not-To- Exceed Amount of $234,600.00 Meridian City Council October 1, 2013 Page 4 of 40 I. Approval of Contract Amendment #2 to Extend the Contract for "Poly-Aluminum Chloride" to Kemira Water Solutions for the Not-To-Exceed Amount of $70,000.00 J. Approval of Contract Amendment No. 3 to Extend the Contract for "Janitorial Services" to Varsity Contractors, Inc. for the Not-To-Exceed Amount of $110,846.64 K. Development Agreement for Approval: MDA 13-012 Accolade by Fields at Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Accolade Development Agreement (Instrument #112107771) to Reduce the Required Number of Carports L. Findings of Fact, Conclusions of Law for Approval: PP 13-017 Zebulon Commons Subdivision by The Traditions by Amyx II, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Preliminary Plat Approval Consisting of Thirty- Eight (38) Residential Building Lots and Four (4)Common / Other Lots on 13.56 Acres of Land with an R-8 Zoning District M. Findings of Fact, Conclusions of Law for Approval: MDA 13- 014 Cope Subdivision by Quadrant Consulting, Inc. Located Northeast Corner of S. Meridian Road and E. Overland Road Request: Amend the Development Agreement (Instrument #107005525) for the Purpose of Attaching a New Concept Plan and Building Elevations N. Findings of Fact, Conclusions of Law for Approval: PP 13-015 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Preliminary Plat Approval for Two (2) Buildable Lots on Approximately 9.41 Acres in a Proposed I-L Zoning District O. Findings of Fact, Conclusions of Law for Approval: RZ 13-007 Baltic Place Addition Located South of E. Franklin Road and West of E. Kalispell Street Request: Rezone of Approximately 9.41 Acres from the R-40 (High-Density Residential) Zoning District to the I-L (Industrial) Zoning District P. ~ Findings of Fact, Conclusions of Law for Approval: MDA 13- 013 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Amend the Recorded Development Agreement (Instrument #102090926) for the Purpose of Excluding the Meridian City Council October 1, 2013 Page 5 of 40 Proposed Baltic Place Addition Property and Modifying Certain Sections that Reference the Development of the R-40 Apartment Parcel Q. Resolution No. 13-951: CPAM 13-001 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on Approximately 9.41 Acres from High Density Residential to Industrial R. Resolution No. 13-952: Donation of T-Kennel Systems as Surplus Property to the Meridian Valley Humane Society S. Resolution No. 13-953: Reappointing Keith Bird to the Meridian Development Corporation (MDC) De Weerd: Okay. Item No. 6 is our Consent Agenda. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: Under tonight's Consent Agenda -- I was really tempted to take 6-A and move it to Item 7 and have Dean come up here and talk about the professional services agreement to see if he could talk and type and the same time, but I decided that wasn't necessary, but that would have been interesting. Under 6-Q, it is Resolution No. 13- 951. 6-R is Resolution No. 13-952 and 6-S is Resolution 13-953. With that, Madam Mayor, I move approval of the Consent Agenda and the Mayor to sign and Clerk to attest. Bird: Second. De Weerd: I have a motion and a second to approve the Consent Agenda. If there is nothing further, 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. Item 7: Items Moved From Consent Agenda De Weerd: There were no items moved from the Consent Agenda. Meridian City Council October 1, 2013 Page 6 of 40 Item 8: Action Items A. Conditional flee Permit Fee UVaiver Request by Kim Bohrer De Weerd: So, we will move right into our Action Items. Item 8-A is a conditional use fee waiver request and I will turn this over to staff. Hood: Madam Mayor, you did receive a request for a waiver of a conditional use permit application fee. I'm hoping that that person requesting the waiver is here tonight and we would just stand for any questions you may have on that request. De Weerd: Okay. Thank you for being here. Council, you do have the letter in your packets. Do you have any questions of either staff or the applicant? Okay. Hoaglun: Madam Mayor, I don't know if this is a question for applicant, but maybe staff can answer. Do we know how long that fencing that was required was in the backyard? Hood: Madam Mayor, Councilman Hoaglun, I do not know that. The applicant might be able to answer that question. I think it's pretty recent, though. You're talking about the chain link to the unscalable. I think that's something just this year that went in. Bird: Yeah, I think it was. De Weerd: Kim, if you will help answer -- yes. And if you will state your name and address for the record. Bohrer: My name is Kimberly Bohrer. My address is 4348 West Newland in Meridian. 83642. De Weerd: Thank you. Bohrer: The fence was just built like two weeks ago. Hoaglun: Okay. Bohrer: The chain link has been there, but it was scalable, so we just built the fence. Hoaglun: Okay. And, Kim, how long was the length of that fence? Bohrer: A hundred and twenty feet. De Weerd: Council, anymore questions for Kim while she's up here? Hoaglun: Yes, Madam Mayor. De Weerd: Yes. Meridian City Council October 1, 2013 Page 7 of 40 Hoaglun: In the information we received from staff and whatnot it talked about you have to work with the state for day care licensing and accreditation you don't want to lose. What is the cost for -- is there a cost associated with the state daycare licensing? Bohrer: Yes. The state has a -- like a hundred dollar fee every two years. Hoaglun: Okay. And that includes the accreditation process? Bohrer: No. The accreditation is a voluntary program through the National Association for Family Child Care. I had to pay 2,100 dollars I think to get the packet sent to me and, then, it took 18 months to get the accreditation and, then, when I moved it cost me another like 120 dollars to move. Hoaglun: Okay. That's all I have, Madam Mayor. De Weerd: Okay. Any further questions, Council? Thank you, Kim. Bohrer: Thank you. Hoaglun: Madam Mayor, question for Caleb. When we change that from six to number -- six to four, was that -- was that a state requirement or that was just our requirement? I can't recall the details right now. Hood: Madam Mayor, Councilman Hoaglun, yeah, that requirement is from six -- it's always been six or fewer, the difference is the state changed their definition where previously your own kids did not coup state requires and your own kids are she was watching up to six, now it's match the state's definition. Hoaglun: Okay. Thank you, Caleb. t in that calculation. So, we now match what the calculated in that calculation. So, before where up to eight with her own children. So, we just Rountree: Madam Mayor, question for Caleb. I'm trying to recall if we have ever dealt with something similar to this before and this is a -- I can't recall a precedent for this action. Hood: Madam Mayor, Councilman Rountree, I will be honest, I didn't do the research, but just going off of memory over the past couple of years -- I mean the definition has just changed fairly recently and I do not believe we have had a similar instance where the change in a definition triggered a different application that was just required a few months prior. So, I don't think we have run across this issue yet prior to this being brought up. The new definition, again, coincides with the state's definition of small or medium or large size daycares. I don't think this question has been before the Council before. At least the fee waiver portion of that. We will process the group daycares Meridian City Council October 1, 2013 Page 8 of 40 according to the definition. I don't think we have even had one, though, recently come through for a new group or daycare center recently. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Caleb, when it gets to the application part, whether the fee's waived or not, there is going to be a CUP application I take it. Is that a -- remind me if that's a public hearing where -- I'm assuming she's moving into a new place and the neighbors are not accustomed to this and may want to weigh in on it. Hood: Yeah. Madam Mayor, Councilman Zaremba, the CUP process does include one public hearing before the Planning and Zoning Commission. So, it wouldn't come before the City Council unless it's appealed. So, they will be notified -- everyone within 300 feet will be notified of this application and go through that -- that normal process. She will need to have a neighborhood meeting. The site will be posted, although I think it's the smaller -- it's small enough for you to use the 11 by 17, instead of the four by four big public hearing notice sign. But, yes, there will be a public hearing -- at least one before the Planning and Zoning Commission on this matter regardless of whether the fee is waived or not. There is a cost associated with the clerk and us noticing the property owners and putting it in the paper and that's what a portion of that fee goes to is to pay our overhead for letting the neighbors know, writing those letters, writing passports, that type of thing. But just the one. Zaremba: Thank you. De Weerd: Council, any further questions? Rountree: Madam Mayor, I guess my comment is the newness of this is somewhat difficult to come to some clear decision, but it appears that we have been driven to this spot because of changes in definition by the state. It's going to be with us, so whatever action we take tonight probably would establish precedent for -- for all of the potential of these in the future. So, I'm going to make a motion just to get some discussion and/or a reaction from the Council that we deny the request for the fee waiver for Item 8-A. Hoaglun: Second. De Weerd: I have a motion and a second to allow discussion. Any comments from Council? Hoaglun: Well, Madam Mayor? De Weerd: Mr. Hoaglun. Meridian City Council October 1, 2013 Page 9 of 40 Hoaglun: Thinking along the same lines as Councilman Rountree, this is -- it is difficult to do, this -- there are costs associated whenever you're moving a business and it is difficult and -- and running -- running a business, whether it's a daycare or something else is not cheap and we have the cost with the fence and, then, accreditation and those types of fees that are associated with that business. But it does give me pause to think that when any other of these come up what do I have that will say this is different than another one that comes up. That's -- that's always the difficulty and sometimes we can justify things because there is something very unique to that particular situation. It would be nice to grant them all fee waivers, but, then, we are taking the cost and telling the rest of the taxpayers in Meridian that you're going to carry that burden for someone else and that's -- and sometimes that can be justified, but not always and therein is the struggle, so I don't know if I'm -- have found a good enough reason to waive the fee, but I'm not -- I haven't made up my mind yet. De Weerd: Any other comments from Council? Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: Just to repeat what Mr. Hood said already, the fees are established not necessarily in a vacuum, they are established because there is a history of what various different applications cost the city to process and the decision to waive one of those -- and, lagree, it's even worse if -- if there is a precedent that's established, but even on an individual basis the decision to waive a fee does mean that other people are paying for that expense and I believe in establishing what the various fees are for the various applications we have tried to be as fair and even handed as we can in relation to the cost that the city is going to incur and the fees just recoup that cost. There is no profit in it for the city and if we allow it to be a loss, then, as has been said, somebody else has to pay for it. So, I -- I'm inclined to uphold the fee. Hoaglun: Madam Mayor? De Weerd Mr. Hoaglun. Hoaglun: Question for Caleb. When someone comes into file for a conditional use that fee has to be paid at that time in full; is that correct? Hood: Correct. Hoaglun: I didn't think we allowed any payments over time or anything like that, so -- they file the fee and, then, they move forward in the process to cover the costs, so -- okay. Thank you. Zaremba: Madam Mayor, I'd call the motion. Meridian City Council October 1, 2013 Page 10 of 40 Bird: Call for the question. De Weerd: Okay. Well, I will ask Madam Clerk to call roll in just a moment. It's -- child care, if you have children, is hard to find and quality care is hard to find. I appreciate that this applicant is -- is concerned about the licensing and -- and bringing the property up to safety standards for the kids. Certainly when you rent and you have a business some things are totally out of your control and when you find yourself moving and now faced with a new code and -- it's -- it is an unanticipated burden. If Council -- I think certainly understand the argument, because I think many of our small businesses would find themselves in a similar situation and it's hard to find something that can -- can set this as difficult than setting a precedent, but if there is a way and maybe this is a question for our attorney -- to maybe ask the applicant to bring a proposal that can be paid over time is -- if that's something that could be done and how collection could be enforced, because that certainly is always the biggest challenge. Baird: Madam Mayor, Members of the Council, our code does not provide for that. However, that could be a stipulation of your decision that in lieu of waiver you would allow for that possibility. Another idea is to waive the soft costs and have the applicant pay the hard costs of the noticing -- you know, the actual out-of-pocket costs that the city would incur. In a sense -- in essence you're waiving the staff fee. So, those are some other options that you have before you, other than full denial or approval. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Caleb, what are -- out of the 1,369 what~is the hard cost? I mean how many -- you know, we got to mail, we got to notice, we got to sign. What's the hard costs? Hood: Madam Mayor, Councilman Bird, I did not bring that this evening. I do have a spreadsheet back in my office that has the breakdown of what it costs legal, the clerk, the paper -- Bird: Do you have any idea? Fifty percent? Hood: If I would guess I'm going to say it's 50 percent or less, probably. Bird: Of hard costs? Hood: Yes. De Weerd: And, then, the rest would be staff time. Bird: Yeah. Well, no, that's -- the hard cost should include staff time. That's labor that is on it. It should be part of the hard cost. Meridian City Council October 1, 2013 Page 11 of 40 Hood: Madam Mayor. To clarify, then, no, that -- De Weerd: That is a hundred percent. Hood: -- that's a hundred percent. I mean our fee just covers our time and-costs out of pocket to -- to publish it, to process the application. So, it would be one hundred percent of the application would be our -- by that definition our hard cost. De Weerd: Okay. Is there any further discussion? If not, Madam Clerk. Holman: Mr. Zaremba. Zaremba: Could we have the original motion repeated, please. De Weerd: Sure. Madam Clerk, do you want to repeat that motion? Holman: Madam Mayor, I thought it was a motion to deny. De Weerd: It is a motion to deny and -- to deny the request for the fee waiver. Zaremba: So, yes vote is for denial. Bird: Uh-huh. Zaremba: Zaremba votes aye. Roll Call: Bird, nay; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: Okay. Motion carries with three ayes and one opposed. MOTION CARRIED: THREE AYES. ONE NAY. B. FP 13-038 Jack's Place Subdivision by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Final Plat Approval Consisting of Three (3) Office Lots, Twenty (20) Residential Lots and Three (3) Common Lots on Approximately 4.52 Acres in the Proposed L-O and R-8 Zoning Districts De Weerd: Okay. Item 8-B is final plat 13-038. I will ask for staff comments at this time. Hood: Madam Mayor, the next item on your agenda is a final plat for three office lots and 20 residential lots on 4.52 acres, zoned L-O and R-8. The site is located on the east side of South Meridian Road and Victory on -- excuse me -- on the north side of East Victory Road. The applicant has consented to the conditions in the staff report. Meridian City Council October 1, 2013 Page 12 of 40 We just got the consent after the deadline to have it be on the Consent Agenda or it would have been on the Consent Agenda. The applicant representative is here tonight should you have any questions, but everyone is in agreement with the staff report and the packet. With that I will stand for any questions. De Weerd: Okay. Council, any questions? Bird: I have none. De Weerd: If not I would entertain a motion. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we approve FP 13-038 and include staff comments and written comments by applicant. Rountree: Second. De Weerd: I have a motion and a second to approve Item 8-B. 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. C. Public Hearing: Substantial Amendment to the Community Development Block Grant (CD~G) Program Year 2012 Action Plan D. Public Hearing: Community Development Block Grant (CD~G) Program 2013 Annual Action Plan De Weerd: Item 8-C would be our -- in regards to a public hearing on the Community Development Block Grant program. I will open these two public hearings at this time. Den Hartog: Thank you, Madam Mayor, Members of the Council. The first item before you is a public hearing for a proposed substantial amendment to our program year 2012 action plan and an amendment to our citizen participation plan as it relates to our Community Development Block Grant funds. The proposed substantial amendment is to reallocate 14,000 of our program year '12 administrative funds to the program year '12 8th Street Park ADA restroom facility project. The reallocation is necessary because the construction bids for the project were higher than originally anticipated, even after Meridian City Council October 1, 2013 Page 13 of 40 staff went back and adjusted the plans and rebid the project. We do have sufficient funds from program year '12 in our administration to reallocate to the project costs for the 8th Street Park restroom facility. Just quickly. That project is currently under construction. We had a disagreement in interpretation of our citizen participation plan with HUD, so we had originally reallocated those funds and HUD came back and said we had to come back and do a public hearing to change from administration to the project funding. The change in administration funding decreases by 30 percent and the increase to the parks project is 11 percent. So, because of that problem that we ran into I'm also proposing an amendment to our adopted citizen participation plan, which requires a hearing like this when we change a project's funding level by 25 percent or more. I'm proposing to have an exception for a decrease in administrative funding. So, the citizen participation plan, as you will recall, was adopted with our five year consolidated plan about two years ago. So, with that I would be happy to stand for any questions. All other components of our citizen participation plan would remain the same and would just be if we ever decrease for funding in admin again we wouldn't have to come back with a public hearing. Any of our projects that we increase or decrease the funding level by 25 percent will still require a substantial amendment and a public hearing. De Weerd: Thank you, Lori. Council, any questions? Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Lori, are those percentages consistent with HUD's policy? Den Hartog: Yes. Rountree: Okay. De Weerd: Okay. This is a public hearing. Is there anyone who would like to offer testimony on this item? On either of these items? Okay. Lori, we don't need to keep the public hearing open for public comment -- for a public comment period? Den Hartog: No. Our public comment period occurred prior to this evening's hearing. It was opened with the announcement in the newspaper. De Weerd: Okay. Den Hartog: You did open -- pardon me. You did open Items C and D together. Is that your -- we can act on Item C now or I can continue presenting to Item D and, then, you can adopt them both. It's up to you. De Weerd: Go ahead and move to Item D and they will make two individual motions that will -- Meridian City Council October 1, 2013 Page 14 of 40 Den Hartog; Okay. Thank you. Continuing with Item 8-D. We have a proposed project selection. When we came -- when I came before you July of this year to adopt our annual action plan for program year 2013, which, incidentally, starts today. We did not have a specific public facility project. The action plan at that time stated that we would come back before Council with project options for you to select and so staff is now presenting two options for your consideration. We have approximately 142,000 dollars available in Community Development Block Grant funding for a public facility project to be completed during this upcoming program year. The first option is to construct sidewalk on Idaho Avenue between Northwest 5th Street and Meridian Road. The estimated project cost is just over 141,000 dollars. Option two is to install nine streetlights at identified locations within our LMI area, which is our primarily residential areas just to the west of downtown and the estimated project cost for that is 53,000. So, going through just a little bit more explanation for both of those projects. For project one, city staff consulted with the Ada County Highway District. The funds would be used to construct approximately 1,300 feet of sidewalk. We wouldn't be looking to do curb and gutter or pavement widening. The sidewalk would be constructed within the existing right of way on Idaho Avenue where no sidewalk currently exists. There is 80 feet of existing right of way on Idaho Avenue. Reflected segments will connect to existing sidewalk and fill in the gaps on Idaho Avenue. We have -- Idaho is really interesting. We have a lot of different things happening. Some sections have rolled curb and sidewalk, some sections have rolled curb and no sidewalk. Some sections have no sidewalk at all. Some sections have a sidewalk for half a block. So, the proposed segments fill in all of those gaps. The reason we are proposing it this way is that ACRD does not have the funding to construct these particular segments through their community programs budget. We consulted with ACRD and the priorities list that we go through between the city and ACHD each year on their community program. This roadway was identified as a need in our downtown pedestrian -- I'm going to get the name wrong -- the pedestrian and bicycle plan. But it is not currently programmed in their budget. These ranked the highest on our resident survey which were conducted with the development of our five year consolidated plan. City staff would manage the project and consult with ACHD if necessary. Included in your packet was a letter of support from ACRD and. also supporting the city management of the project. I also wanted to tell you we have been in discussions with HUD about the possibility of using these dollars for sidewalk construction. When we spoke with them last spring they were really hesitant in understanding what ACHD was and the relationship between ACRD and the city. So, we, hopefully, have HUD understanding that no matter who constructs the sidewalk it will be public in perpetuity and in our discussions with ACHD they expressed a desire to not be a sub recipient of the fund and we thought that created a lot of unnecessary moving of money back and forth between the two agencies and that's why we have proposed it this way. I do have to caution you -- I don't have final approval from HUD to manage the project in this way. CDBG funds are used all over the country to construct sidewalks, we just have a particularly unique situation here in the city and in Ada County all of the cities have the same situation. So, I am -- I am optimistic that HUD will support a local solution to proceed this way. So, I may have to Meridian City Council October 1, 2013 Page 15 of 40 come back before you and have discussions about HUD's comments once we present -- once we present this option. Included -- oh, excuse me. De Weerd: Lori, just before you move on, can you tell me why this has rated so high in the resident survey and if it rated so high why ACRD hasn't rated it in their community sidewalk program. Den Hartog: Madam Mayor, Members of the Council, in general sidewalks rated as a high priority in our resident survey. The resident survey did not address specific sidewalk segments. One of the conditions that HUD stipulated when we looked to -- and this holds true for all of our public facility projects when you use the federal dollars. The federal dollars can't replace the local funding source. So, we had to look for a project that did not have any funding at the local level, so we couldn't go in and look at the community projects that HUD -- or, excuse me, that ACRD has programs, whether they be this year or three years from now and replace one of those projects with a federal -- with the federal funding. So, we looked for a project that wasn't even in -- wasn't even in the funding hopper per se. De Weerd: Caleb. Hood: Madam Mayor, if I could just add onto that a little bit. You know, this part of town does have some situations on multiple roads and some of the projects that we have sent onto ACRD requesting get in the program, just higher ranking priorities -- Broadway ranked higher than Idaho. Northwest 1st and Northwest 4th with their connections to the elementary school, primarily on safe routes. So, they have lots of gaps in this area, but those are the ones that are the highest priority and, like Lori said, ACHD just doesn't have the money to fill in all the gaps, so in that general vicinity Idaho just -- not that they are not important or else we wouldn't be asking for the money here. They just aren't as important as some of the other corridors with ACRD and their prioritization. De Weerd: Well, what you just said answered my -- probably the underlying question and that would be safe routes to school and Broadway probably between Meridian, the Food Bank, and maybe even Head Start. Okay. Council, any questions at this point on this topic? Bird: I have none. De Weerd: Thank you, Lori. Den Hartog: And project two, this option is to install streetlights at nine locations. The specific locations are spelled out in your staff report, both in the LMI area and the proposed locations are in developed areas where lighting will not be provided by new development. Streetlights have been shown to reduce crash risk, especially for pedestrian and vehicle collision and the city does not currently have funding to retrofit existing residential neighborhood of streetlights and streetlights scored second highest Meridian City Council October 1, 2013 Page 16 of 40 on our resident survey in the infrastructure category. I have those locations identified for you on the map. As included in your staff report, staff recommends selection of project one, which is the Idaho Avenue sidewalk construction as our primary project and, then, adopting project two, the streetlights as an alternate project if we ever have our projects in 2013 coming under budget or do not proceed as planned. And with that staff is happy to stand for any questions that you may have. De Weerd: Council, any questions? Bird: I have none. De Weerd: Okay. Again, I would ask if there is any public comment. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: Seeing no public comments, I move that we close the public hearings on Item 8-C and D. Zaremba: Second. De Weerd: I have a motion and a second to close the public hearings on Items 8-C and D. All those in favor say aye. All ayes. Motion carried. MOTION CARRIED: ALL AYES. Bird: Madam Mayor, I move that we approve Item 8-C adopting the substantial amendment to the block grant action plan. Zaremba: Second. De Weerd: I have a motion and a second to approve Item 8-C. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Item 8-D. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Meridian City Council October 1, 2013 Page 17 of 40 Rountree: I move that we approve the recommendation from the staff with respect to proceeding with the project identified as project number one and holding project number two as an alternative. Zaremba: Second. De Weerd: I have a motion and a second to move forward with Item 8-D as stated. Council, any comments? Madam Clerk, roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. E. Three Party Agreement with the City of Meridian, LC Inc., and Meridian Heights Water & Sewer District De Weerd: Item No. 8-E has been moved to 11-E. Item 9: Department Reports A. Mayor's Office: Resolution No. 13-954: Appointment of Steven Cory to Seat 4 and Nancy Mann to Seat 5 of the Meridian Solid Waste Advisory Commission Approved B. Mayor's Office: Resolution No. 13-955: Appointment of Phillip Liddell to Seat 1 and Treg A. Bernt to Seat 2 of the Meridian Parks and Recreation Commission De Weerd: So, I will ask Council under Department Reports if you have any questions regarding 9-A or B. Bird: I have none. De Weerd: These are just reappointments of citizens that have been served in these positions and I'm asking to get your approval to reappoint them to another term. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: I move that we approve the recommendation for Nancy Mann under the -- or for the Solid Waste Advisory Commission, Resolution No. 13-954 Meridian City Council October 1, 2013 Page 18 of 40 Zaremba: Second. De Weerd: Okay. That was for Steven Cory to Seat 4 and Nancy Mann to Seat 5. Rountree: Steven Cory, too. Yes. De Weerd: Okay. Any discussions? 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. De Weerd: Item 9-B. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I move we approve Resolution 13-955, appointing Phillip Liddell to Seat 1 and Treg Bernt to Seat 2 of the Meridian Parks and Recreation Commission. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-B. Madam Clerk, roll call. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. C. Solid 1lVaste Advisory Commission: SWAC Recommendation on the Renewal of the Solid Waste Franchise Agreement with Republic Services for FY2014 De Weerd: Item 9-C is under our Solid Waste Advisory Commission. I will invite Mollie up. Mangerich: Good evening Madam Mayor and Council Members. Tonight I am here on behalf on our Solid Waste Advisory Commission. The first order is to communicate to our City Council that SWAC recommends the renewal of our solid waste franchise agreement with Republic Services, Inc., for fiscal year -- continuing forward into fiscal year '14 for the following reasons: Our findings this year have been very positive, not only in the customer service that we have received from Republic Services, but also in Meridian City Council October 1, 2013 Page 19 of 40 the amount of materials that have been recovered for recycling from both our commercial and residential sectors, as well as the marvelous services that they have provided our community at no additional cost to our customers. For example, Republic Services collected a total of 340 tons during the first three full weeks of November last year on leaves alone. That was the largest amount that we have recovered for diverting to composting since the inception of the program. We also -- Republic Services captured over 65 tons of Christmas trees after our holiday celebrations this year. That, too, was the largest amount of trees that have been recovered for tipping this year. Republic Services, at no additional cost to our customers, collected a total of 830 tons of trash during our very popular Meridian spring clean up this week that happens this year. It was to happen the first full week of May and as well during our very popular Old Town clean up event, which is an annual event and very well subscribed to by both sponsors and volunteers. They collected three trash trucks -- a full truck full of old televisions and multiple construction boxes and you know those are a minimum of 35 cubic yards of just wood waste and trash. I might add that there was money donated to the sales of metals recycling from the Old Town clean up event and that money was donated to our Meridian Food Bank. The down side is -- this year in terms of our -- not any problem with the franchise agreement, but we received no revenue from the sale of recyclables during fiscal year '13 due to the extended downturn of secondary markets for the demand of these materials. In fact, our last deposit to the community recycling fund was in November 2012. So, we have gone .through a very lean period as a result of that. Our current balance is just over 260 dollars. So, we are looking pretty thin. Republic Services provided exceptional customer service to us in our Solid Waste Advisory Commission and also our community by participating in our stakeholder group, which resulted in the city's adoption of our commercial recycling exemption to our city solid waste code. That was a long process and it ended up being a very positive one by all stakeholders involved. In response to customer demand Republic Services also provided a subscription based grass recycling pilot program. We currently have 97 customers subscribing to this program as of the end of August. Republic Services also has made several presentations to our advisory commission and City Council upon such myriad of subjects like the Dynamis waste to energy, landfill tip fee changes -- potential changes, construction of the materials recovery facility at the old SSC facility and also periodic updates on the Boise's glass recovery recycling program. It finds that our Republic Services have been very customer service oriented and when we receive complaints they are remanded to the advisory commission in which we go into problem solving mode with Republic Services and have been able to mitigate any problems that -- or complaints that we have received from customers in regards to comparison of trash rates and as focused as wanting to have quieter collection of a trash containers outside a school. Both were handled ably by Republic Services. So, in closing as a result of our review SWAC voted at our meeting on September 25th to recommend approval of the automatic renewal of our franchise agreement with Republic Services and I stand for any questions on behalf of the SWAC. De Weerd: Thank you, Mollie. Any questions from Council? Rountree: I have none. Thank you, Mollie. Meridian City Council October 1, 2013 Page 20 of 40 Bird: I have none. Thank you, Mollie. D. Solid Waste Advisory Commission (SWAC): Annual Close-out Report for the FY13 Community Recycling Fund Mangerich: You're welcome. Our next item, Madam Mayor, Council Members, this is our fiscal year Meridian community recycling fund closeout report to our City Council. This is something that we do after a refunding year to our recycling fund. Four applications were refunded and successfully completed during fiscal year '13. Our Meridian recycling fund awarded 50,977 dollars, which was all awarded, except for 802 dollars was spent and that was reverted back to the community recycling fund. Project number one, Meridian Parks and Recreation. They came forward with two very solid applications and received funding from the Meridian community recycling block fund. The first being the purchasing of 24 recycling containers and expanding our public recycling program into two more parks in our community, Heroes Park and the wonderful Julius S. Kleiner's Park. These 24 recycling containers look just like the ones that were established in the pilot program at Settlers Park. They received very little contamination and Park and Recreation get a lot of feedback on this service provided to the patrons of our parks at these locations. The second project that our Parks and Recreation Department came forward with was the procurement of playground equipment that is ADA compliant and also manufactured from 50 percent post- consumer recycled plastics. This equipment you see a picture of in your handout, that is a digital representation of the actual equipment that will be -- that has been purchased and is currently in storage and ,awaiting to be installed this fall once they get all of their dirt work done. That was a good choice of words. Anyway, successfully completed and I can't wait to see that as that is also adjacent to our water division, so I get to check it out. The third -- our other applicant was our Meridian Youth Baseball group. This group is such a dynamo and they have purchased right out of the bat two sets of bleachers of 99 percent post-industrial scrap aluminum. We got them installed out there. They put up the necessary thank you signage to the Meridian community recycling fund and they say that seats are filling the benches quite happily. De Weerd: And used right out of the bat -- right off the bat. Mangerich: What did I say? De Weerd: Yeah, you did. Mangerich: Oh. I didn't get it. De Weerd: All these puns. Mangerich: Funny me. Okay. The final successful applicant was the environmental division in which we represent. We received 5,000 dollars from the community recycling fund to help in the assistance of the story boarding process and the development of the Meridian City Council October 1, 2013 Page 21 of 40 narrative that is going to be the final production of the next new graphics animation, solid waste and recycling services in the City of Meridian. So, we had a successful meeting with our Public Works leadership, members of our Solid Waste Advisory Commission, who provided fabulous input and ideas about both some narrative words and the look and feel of the animation and so now we go forward into fiscal year '14 to complete that. We couldn't have got through this as ably as we did without that help from the community recycling fund. And, then, finally, at our 9/25 SWAC meeting commissioners received a presentation from the Meridian Arts Commission requesting extension of funding. The funding was originally awarded -- the amount was 20,000 dollars -- or is 20,000 dollars. The funding was originally awarded in the fall of fiscal year'12 with a deadline for completion by the end of fiscal year'13. The MAC provided an update to the Solid Waste Advisory Commission with a request to extend that funding due to delays in the RFP process and decision making process. After much discussion the SWAC unanimously approved a motion to grant the MAC's request to extend funding provided that -- and I quote: The Meridian Arts Commission receive the final decision by City Council regarding the selected artist slash piece on October 1st, 2013, or as soon thereafter as possible, but no later than December 31st, 2013. In the event that MAC does not receive that approval within the time specified City Council will approve the refund of the 20,000 dollars back to the Meridian community recycling fund. And I stand for any questions. De Weerd: Thank you, Mollie. Council, any questions? Bird: I have none. Rountree: I have none. Bird: Thank you for the recycling program. It's done so much for this community. It's helped. We really appreciate it as a community. Mangerich: Great. I will communicate that back. De Weerd: Well, we appreciate the stewardship of the SWAC group and -- and also the partnerships we have. Certainly it's because of the efforts of our citizens and their recycling efforts and also the collective efforts of the commission to encourage recycling, that that money is then turned back to the citizens and their community programs. I think it's a great program and you have taken great measures to make sure it actually reflects those recycling programs that promote it. Mangerich: Thank you. De Weerd: Mr. Rountree. Rountree: Madam Mayor, just a point on the recycle program. It's driven by commodity prices and the commodity prices in the last few months have not been very good. I don't know that the fund itself has received any revenue for, what, four or five months? Meridian City Council October 1, 2013 Page 22 of 40 Mangerich: Oh. November 2012. Rountree: Yeah. So, it's -- it's tough out here. So, given -- given what they are seeing in their fund they are doing a great job and I appreciate what they do with that, as well as all the other work that that group does, particularly as it relates to rates that we may or may not be paying for the collection and disposal of our trash. So, they are very deep with the county and hopefully soon that will be resolved. Mangerich: Thank you, Councilman Rountree. And to follow up on that, it has been a protracted meeting -- series of meetings with the Ada County administration and operations and sometimes their county commissioners, but the Solid Waste Advisory Commission continues to be briefed by those -- Steve Cory, who attends, who is our chairperson, and myself and when the time comes that a recommendation is about to be proposed to our county commissioners I have requested the Ada County personnel that our municipalities, including the City of Meridian, would have time to come back to you and introduce the proposed recommendation to you first to get that blessing or changes or comments, et cetera. De Weerd: Mollie, certainly Councilman Rountree and I met with the county and the discussion was also centered around creating acounty-wide citizen advisory committee. Formalized. Mangerich: Right. Uh-huh. De Weerd: Have they moved forward with that kind of recommendation? Mangerich: Not formally yet, but it was brought up again by the city of Boise representative at this last meeting, so -- and there have been verbal agreements by all county commissioners that they will do so and establish such an advisory commission. De Weerd: Okay. Thank you. Mangerich: You bet. Rountree: Madam Mayor, I have a question for Ted. Ted, on Item C do we need a resolution to move -- to move forward with the resolution for the extension of that agreement? Baird: Madam Mayor, Members of the Council, Council Member Rountree, I was looking at that asking myself the same question. The recommendation is for approval of an automatic renewal. Most renewals are automatic unless you take negative action. I think your -- unless Mollie wants to chime in on her knowledge of it, your motion could just direct legal staff to take whatever action, if any, to fulfill that recommendation, if that's what you plan to do. Meridian City Council October 1, 2013 Page 23 of 40 Rountree: Thank you. De Weerd: Yeah. I don't think we have done that in the past because of the automatic nature of this agreement. Baird: Yes. Madam Mayor, Members of the Council, that's -- that's my understanding as well. What the committee did was allowed you the opportunity call that time out if there were issues, but what they reported to you is that they don't see any indication to otherwise let -- let what was anticipated go forward. De Weerd: Okay. Thank you. Mangerich: If I may add more comment to that. There was much discussion by our advisory commissioners to have an increased level of communication from the MAC to the SWAC as to the progress and implementation and decisions that were happening on this public arts project going forward in the future. De Weerd: Okay. If there is nothing further, thank you so much, Mollie. Mangerich: Thank you. E. Meridian Arts Commission Recommendation -Meridian Split Corridor Phase 2 Public Art Project De Weerd: Okay. Item 9-E is also our Meridian Arts Commission. Power in numbers; right? Jensen: Don't we look great up here all together. De Weerd: You look wonderful. Jensen: Madam Mayor -- Rountree: Except the old guy. Jensen: -- and Members of the Council, I stand here before you tonight with the fellow members of the Meridian Arts Commission. We have Nancy Rountree, Brian Schreiner, Dwight Williams, and Leslie Mauldin. We are missing Stephanie Barnes, who is away on business this evening, otherwise, she would be joining us as well. We are here because per the motion made by Councilman Hoaglun at the City Council meeting on July 23rd, 2013, the proposals for the Meridian split corridor public art project were returned to us with the idea that we review the process and the proposals and determine an internal process to make a recommendation to Council to move forward. As a commission we decided that there were three solid public art proposals in front of us. Many man hours and dollars invested and after thoroughly reviewing the call, the process, and the three proposals, the arts commission could make a sound decision. A Meridian City Council October 1, 2013 Page 24 of 40 special meeting of the arts commission was convened. Each member went through the details of the call, as well as the details of his proposal with an open mind, an eye for detail, and all of the combined knowledge of public art and the public arts projects that we possess and we came to the unanimous decision to re-recommend the C.J. Rench piece Under The Sun and Dreaming for the south parcel of the Meridian split corridor public art project. I believe, Mr. Baird, you have this proposal available if any of the Council Members or the Mayor would like to look at the proposal as we discuss the details. Thank you. There are several reasons and conclusions that MAC members determined to support this recommendation. First, the budget in this proposal takes into consideration engineering and fabrication costs. The proposal reflects a sophisticated level of public art expertise. The artist's experience outweighed several other factors that were important to us and it adds predictability and a peace of mind to this project that we could not find in any of the other proposals. This proposal is professional. It reflects understanding of technical and maintenance requirements for installation and upkeep of the piece. The proposed piece is innovative, interesting, excitingly new for our area. The design is well thought out and researched and speaks to Meridian's history, our present, and our future. We felt like the symbolism in this piece is more complete than in the other proposals, that the public can perceive the details of this piece at a glance. Since there will not be foot traffic allowed on the parcel, it needs to be able to be recognized and taken in while moving in a vehicle, possibly at high rates of speed. It has an enduring, solid look. It is futuristic and it engenders ongoing interest and interpretation of the piece. Maintenance is a major concern and this proposal highlights the fact that a minimal amount of maintenance would be required for this piece. Please understand that this was not merely a case of which one we thought was prettier or which one we liked better, our jobs may have been easier if it were -- it may not have, too. But each proposal had many positive aspects that we looked at. The reasoning behind this selection was complex and as a commission we believe that to the best of our ability we have chosen a piece that fits the needs of the city, the Meridian Arts Commission, and our community. At this time, I, or any of my fellow commissioners, will be happy to entertain any questions that you may have for us. De Weerd: Thank you, Mary. Council, any questions? Bird: I have none. Hoaglun: Madam Mayor? De Weerd: Mr. Hoaglun. Hoaglun: I just have one question. Now that we have seen the -- the plat of land that it's going on, I was just curious what direction is that -- would that piece be facing? Is that up to the artist, would he determine that and try to -- Jensen: Right. That is not actually in the proposal. N.Rountree: I'm not sure if you can tell -- Meridian City Council October 1, 2013 Page 25 of 40 De Weerd: I'm sorry, you will have to speak into the microphone and identify yourself if you would. N.Rountree: I'm Nancy Rountree and I think if you -- you might be able to tell just by looking at the schematic in his proposal how he has that positioned on that south piece and, of course, there may be some changes as he moves forward with this. Hoaglun: Yeah. Madam Mayor and Commissioner Rountree, it was just -- I was just curious, because that being a -- somewhat of a triangular piece it presents unique challenges, but where the artist has done this type of work before I'm sure they will site it appropriately, so -- N.Rountree: Council Hoaglun, they were given the parcel dimensions and schematic in that RFP. Hoaglun: Okay. N.Rountree: So, each artist did have that information. Hoaglun: Great. Thank you. De Weerd: Well, I guess it -- until it's built you never know and I have gotten -- and Ryan will I'm sure take this back to ACRD. There has been since the split corridor has opened some concern about walkability to that area. Pedestrians would and have been cutting through this island to get to the other side of Main Street, because, otherwise, they have to almost walk down in front of Tate's and up -- then go north to cross, then, go south to cross King and, then, go south on Main Street. So, the request that I have heard from now two people is we need a sidewalk through that island, because there is no safe way to even cut through the island and get across Main Street. It's a real problem and if you go out there it is a real problem. Secondarily, it -- does work different and maybe lesson learned here is we shouldn't do something until it's built and an artist can actually go out and look at where they are placing their art, because they might do it a little bit differently. So, I would ask the commission to go out there and take a look at the island and see how you will feel that this will look, because I think a lot of the elements in the design that we really like is going to be lost, because it's -- it can't be positioned so people can see it as they are going north and, again, I would just invite you to go out there and take a look at it. We didn't see that until two weeks ago when it was open and people could actually even travel it. So, I'm just giving you feedback of what I have heard and certainly some legitimate safety concerns on pedestrian safety in that area, because it does create a big void that we don't know how to get foot traffic through. Jensen: And, Madam Mayor, I agree with you in the fact that we just don't know. mean that's true. Until we had it built and until we see it we don't -- we don't know. And so that was really actually one of the major concerns that we -- that we looked at as we Meridian City Council October 1, 2013 Page 26 of 40 were making our decision is we don't know what any of these art pieces will actually look like in that spot, at what angle, and how safe they would be. But we chose -- the proposal that we did choose based on the fact that we had an artist that had such a great deal of public art experience that we felt like he would be able to help guide us if needed to a positive outcome is really what it came down to. So, that, I think, was a big part of our decision making process. Mauldin: May I? Madam Mayor and Council -- De Weerd: Leslie, if you will -- Mauldin: Yes. Leslie Mauldin. De Weerd: Thank you. Mauldin: I'm looking at the project, because I remember that it was a stainless steel -- looking at it and following up on what Chairman Jensen just had to say, I think that with the flexibility of this artist that bending -- that this could be made -- still in a flat line, but bent. I bet he can bend the middle of that sculpture, so that we have one side is viewable as you're driving north, one that's viewable as you're driving south, and leaving space for -- you know, even the angle of the sidewalk and the way the sidewalk could -- even could become part of the design of the shape of the space. There is the -- doesn't that drive south? De Weerd: No. Well, you're coming south on Main and it almost stops at that point and, then, you have to go west to go south. Mauldin: But I'm wondering if the experience of flexibility -- and I don't mean to -- I have made another pun -- De Weerd: Well, I think that's a good point. Mauldin: It might be something that could be really worked De Weerd: I guess that goes back to Mary's point. It may look a little different after you see the space and how to accommodate it so it can be viewed. Mauldin: Yeah. I see the possibility and I -- just as a follow up, I drive from my house and drive here I drive right past -- I have had the same exact thought, people are going to walk -- people are going to walk there. De Weerd: Yeah. It's -- Mauldin: But I love it. I do love it. De Weerd: It is, it's -- Meridian City Council October 1, 2013 Page 27 of 40 Williams: Madam Mayor and Council -- De Weerd: Dwight, will you state your name, please. Williams: Dwight Williams. De Weerd: Thank you. Williams: I really think that if there is a sidewalk in proximity to this piece of art it will be abetter piece of art. Bird: That's right. Williams: The public will be able to walk up to it and cars going by quickly will look at it as a whole, which is something we thought about esthetically, but I think if it is required that a sidewalk be put in there, that it -- it can be situated and in such a way that the public will be able to get up even closer and look at some of the -- the historic and present and future decoration. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Zaremba: I would add to the previous comments that while we were actually dedicating and doing the ribbon cutting I observed some people attempting to be pedestrians in the area and I agree with the sentiment that not only should there be a sidewalk there, but I think it could even be an addition to this and I would even add to that let's think about having a park bench around there someplace that somebody could sit there and contemplate looking at this. My other question would be -- I know there is no lighting in the sculpture itself, but is there any thought of maybe, you know, ten feet away a spot light or something that would illuminate this or are we prepared for any of that? De Weerd: I don't think there is electricity put to -- there is no power out here. Zaremba: Okay. De Weerd: I don't believe. Yeah. Zaremba: Solar powered lighting maybe. De Weerd: That would be the recycling aspect. Jensen: Madam Mayor, that was just what I was going to say. Meridian City Council October 1, 2013 Page 28 of 40 De Weerd: And I'm sure Ryan is sitting there saying no benches. We can -- we can figure all of that out. Mr. Rountree. Rountree: I was just going to point out, there is a landscaping budget for this project as well, so -- as I recall somewhere. De Weerd: Well, yeah. Rountree: In parks. De Weerd: We are working on it. Rountree: Yeah. De Weerd: It was really out of whack and trying to make it a little bit more reasonable, so -- Hoaglun: Madam Mayor, I just wanted to comment here that I appreciate the effort the arts commission went through again on. This we took a conundrum that we were faced with on the Council and kind of threw it back into your lap and said figure this out and come back and you guys took that to heart. There were good designs presented, you reviewed them thoroughly, you looked at the detail of each one and I think you have come back with a recommendation that we were seeking in terms of direction and reasons why this would be the one that we should have for our community and I appreciate the effort and time that you put into that and -- and if we are ready for a motion I'm ready to make one. De Weerd: Do it. Hoaglun: Madam Mayor? De Weerd: Yes, Councilman Hoaglun. Hoaglun: I move that we accept the Meridian Arts Commission recommendation for Under The Sun and Dreaming by CJ Rench to be installed in the Meridian split corridor phase two public art project. Bird: Second. De Weerd: Okay. I have a motion and a second. Any discussion? Just to staff, I guess that would be Steve and Caleb and to ACHD, if you can work closely with the Meridian Arts Commission and the artist and, number one, we do need to address the pedestrian element first and certainly landscaping and all of that, but if we can kind of huddle on this it would be great. Okay. Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. Meridian City Council October 1, 2013 Page 29 of 40 De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you all for being here. Zaremba: Thank you. Jensen: Thank you for your time. We will continue working on this project and bring you updates as necessary. De Weerd: Thank you. Rountree: I forgot to do something at home, so I need to check in. F. Parks ~ Recreation Department: budget Amendment in the Amount of $15,000.00 for Completion of the Park Dedication Plaque Project De Weerd: Is there a honey do here or -- okay. Our next item under 8 -- 9-F and our public -- our Parks and Recreation Department. Siddoway: Thank you, Madam Mayor. I might just mention first on that -- that last item, we do have a budget for the landscaping of those islands. We are waiting for the project agreement from ACRD. It was provided to us this week, but still not signed by the -- the contractor, but we would -- we expect having to you for approval that landscape project agreement in the amount of 110,000 dollars here shortly. That maxes out our budget without sidewalk or running power to the site, things like that. And that's for all three islands, not just the one island. That's north and south and this cross-over on Meridian Road. De Weerd: Well -- and, Steve, while you're on that, just public thanks to your staff for -- for cleaning up one of those islands and making it look like something we could be proud of. Siddoway: You're welcome. Madam Mayor, Members of the Council, the budget amendment request before you is one that will allow us to complete the park dedication plaque project that I believe you're familiar with. It was funded in FY-13 for 15,000 dollars. Those were in operating funds and could not be carried forward as they do capital funds into FY-14. Currently we are in the design phase of that project. We have gone through an extensive period of research into the -- the names on those. I think Jay was before you a few months ago giving you an update. We are currently in the design phase at the foundry and reviewing proofs of those. The casting and delivery process should take approximately 30 days, after which we will be installing them using park staff. To be specific, these are not new funds we are requesting. We are Meridian City Council October 1, 2013 Page 30 of 40 requesting the same 15,000 dollars that was in our budget yesterday, but was returned to the General Fund today as a result of the new fiscal year. And with that I will stand for any questions. De Weerd: Thank you. Council, any questions? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: Steve, are those plaques going to look like the ones that -- that I got sent to me, the one that's going to be in Storey? Are all of them going to look like that? Siddoway: Yeah. They are very similar to the one that's in Kleiner Park, just smaller. Bird: Okay. Nice. Hoaglun: And, Steve, there is no Council administrative fee, you know, when we transfer these funds we get a percentage to spend elsewhere? Just -- okay. De Weerd: Oh, brother. Rountree: It's an interesting concept. Bird: Yeah. De Weerd: I think you could get a penalty fee for that. Councilman Zaremba. Zaremba: Madam Mayor, I move we approve the budget amendment in the amount of 15,000 dollars for completion of the park dedication plaque project. Rountree: Second. De Weerd: I have a motion and a second to approve Item 9-F. If there is no discussion, Madam Clerk. Roll Call: Bird, yea; Rountree, yea; Zaremba, yea; Hoaglun, yea. De Weerd: All ayes. Motion carried. MOTION CARRIED: ALL AYES. De Weerd: Thank you, Steven. Siddoway: Thank you. Meridian City Council October 1, 2013 Page 31 of 40 G. Parks & Recreation Department Report: Parks Code Update De Weerd: Okay. Item 9-G. Siddoway: 9-G is the -- the parks code update. Three weeks ago we were before you and had brought the PowerPoint with -- together with Emily, so I did not bring a PowerPoint tonight. We have provided you with the code for review at that time. Tonight I will just give you an overview of the process and an update as to where things are. So, we have been tracking issues over the past several years that we wanted to make sure were addressed appropriately in the -- the code. To do that we have been working with Emily Kane in legal extensively, Colin Moss and Officer Shawn Harper, who are both here in the audience, have been instrumental in that process and they are here to help answer any questions as needed. The Parks and Recreation Commission reviewed the proposed parks code beginning in May of this year and recommended approval of it, sending it forward to Council. The primary discussion points during those commission meetings were regarding the penalties associated with violation of the code. Originally it was proposed in that draft code that -- just a blanket statement that any violation of the code would be a misdemeanor. We felt like that was too heavy of a violation for many of the types of issues that we were talking about. We forwarded it to the Police Department, had it reviewed by Officer Harper and other staff there, as well as the prosecutor Terry Deardon, who provided detailed feedback and suggestions back to the Legal Department and suggested different penalties that are more appropriate for each regulation violation. Other modifications either suggest by the commission or our liaison Councilman Zaremba, including the addition of a no hunting section, which is Section E, as well as additional language in the fishing section to address the requirement of a fishing license and applicable fish and game regulations. A variety of other edits that were mostly clarifying in nature were also addressed. Finally, two specific items -- sections I would like to point out. The first is that when we were before you three weeks ago there was a specific request to address the no smoking in the parks and the e-Cigarettes as part of that as well. That has been addressed now as a new Section 13-2-6W on page 12 and that was requested so we weren't relying solely on the existing generalized section of the code elsewhere in the city code. So, that has been added to the version you have with you. The other one felt like I wanted to point out is actually Section D under amplified sound and that is one that we just -- we feel like we need to monitor that one just to make sure we have got the decibel level right. We are using 62 decibels, which is in line with both our current amplified sound permit and Boise's ordinance. Boise does allow specific exemptions to theirs in certain parks up to 75 decibels at specific parks. We are currently not proposing any exemptions to that 62 decibel level, but we have a sound meter and a decimeter and we will be monitoring sound levels during concerts and see if we think that there is any need to provide for any changes or exceptions to that over time, but right now we are just going with the 62 decibels as provided for in our amplified sound permit. So, those were the two sections I wanted to point out and with that I will stand for any questions. And we also have Colin and Officer Harper here as well. Meridian City Council October 1, 2013 Page 32 of 40 De Weerd: See, I think Officer Harper was really enjoying these meetings. That's why he kept coming back. No? Rountree: Yes. De Weerd: Okay. Council, any questions? Bird: I have none. Rountree: No. You answered my question and I think that really helps to have one place to look. Siddoway: Okay. And we have addressed the way you -- Rountree: You bet. Siddoway: -- wanted. Okay. De Weerd: Anything further? Any questions? Siddoway: So, this is on its first reading. It's up to Council whether you wish to -- to pass it with suspension of rules or go on to second and third readings, so I will look to Ted Baird for direction on that. De Weerd: Yeah. Thank you, Mr. Attorney. Baird: Madam Mayor, Members of the Council, I actually asked that same question today and when we -- when we advertise it as a first reading we usually don't like to go ahead and suspend the rules, unless there is some sort of an emergency. You certainly have the option to see if anybody wants to discuss from the public tonight while you have got the -- got the opportunity, but we would recommend if you want to collapse the next two hearings, you can direct that for next week, but we would recommend no final decision tonight. Bird: I agree. De Weerd: Okay. Steve, any rush on -- Siddoway: No. No rush. De Weerd: Okay. Okay. Thank you. Siddoway: Thank you. H. Parks and Recreation Department: First Reading of ®rdinance Mo. 13-1579: Parks and Recreation Code Update Meridian City Council October 1, 2013 Page 33 of 40 De Weerd: Madam Clerk, will you, please, read 13-1579, the ordinance for the Parks and Recreation code by title only. Holman: Thank you, Madam Mayor. City of Meridian Ordinance No. 13-1579, an ordinance repealing and replacing Title 13, Chapter 2, regarding Parks and Recreation regulations and providing an effective date. De Weerd: Okay. You have heard this ordinance read by title only. Is there anyone who would like to hear it read in its entirety? You really don't. Okay. Council -- Zaremba: Madam Mayor? De Weerd: Yes, Mr. Zaremba. Zaremba: Would a motion be appropriate to ask for the second and third reading to happen at the same time next week? Bird: We can do it next week. De Weerd: We can -- we can post it for second and third reading and you can decide next week if that's the motion you want to move forward with. Does that sound reasonable? Zaremba: Sure. De Weerd: It does need to be posted as such. Okay. Okay. That's how we will, then, include it on the agenda. Yes, Steve. Siddoway: Madam Mayor -- and just for clarification in case it affects the timing at all -- think it's fine for next week. I will be out of town next week, but Mike Barton will be here to represent the department, so as long as you're comfortable with that we will move forward with next week. De Weerd: Very comfortable with Mike and we love to give him a hard time anyway. Thank you, Steve. And thank you Colin and Sergeant -- Sergeant Harper. Item 10: Future Meeting °fopics De Weerd: Under Item 10, Future Meeting Topics. Council, any items for future agendas? Bird: I have none. Zaremba: Madam Mayor? De Weerd: Mr. Zaremba. Meridian City Council October 1, 2013 Page 34 of 40 Zaremba: Just a question I have. We have -- we have talked and Public Works did a lot of preparation for the irrigation system to be shut off -- shut off early and there was discussion about how the public would receive using potable water for that and would it impact our system and I wouldn't mind if we had a report on did that go well or did we have any incidents? De Weerd: Well, we appreciate the opportunity to bring this to Council next week. I do know that the director would like to send a letter out in our utility billing to -- to give an update to our community thank them for their diligence and to let them know that all is well. But we can ask for an update next week at the workshop. We have our Public Works Department doing their strategic plan update, so it's the perfect opportunity. Zaremba: Thank you. De Weerd: Okay. If there is nothing further, I guess, Caleb, I just would reiterate if we can work with ACRD on the pedestrian element for the new cross-over section that would be appreciated. Item 11: Executive Session Per Idaho State Code 67-2345 (1)(f): (f) To Consider and Advise Its Legal Representatives in Pending Litigation De Weerd: So, Item 11 is an Executive Session. I would entertain a motion to adjourn into Executive Session. Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I move we go into Executive Session as per Idaho State Code 67-2345(1)(f). Rountree: Second. De Weerd: I have a motion and a second to adjourn into Executive Session. 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. EXECUTIVE SESSION: (7:46 p.m. to 9:15 p.m.) De Weerd: I would entertain a motion to come out of Executive Session. Rountree: So moved. Meridian City Council October 1, 2013 Page 35 of 40 Bird: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. Item 12: Moved from Item 8E: Three Party Agreement with the City of Meridian, LC Inc., and Meridian Heights Water & Sewer ®istrict De Weerd: Okay. So, 11-E -- Hoaglun: Well -- or 12. Bird: Twelve. De Weerd: Well, I kind of had it -- okay. Bird: 11-D? De Weerd: Yeah. So, we did move from 8-E this agenda item to the end of our agenda, so we will have Tom make comment. Barry: Thank you, Madam Mayor, Members of the Council. As you know, we introduced this subject a couple weeks ago regarding the draft agreement of the -- of the three parties, including the City of Meridian, the Meridian Heights Water and Sewer District and Mr. Centers, to discuss the viability of the city providing services to the Meridian Heights Water and Sewer District, as well as other adjacent properties and -- and moving to a prospect that would consider extension of those services and also annexation and so on and so forth. This agreement has been long time coming and it's gone through multiple revisions and I'm pleased to report that, essentially, the document is in its final form and sharing that with you and entering it into tonight we will date and time stamp it. I do have representatives here from the other parties, both Mr. Centers is here, as well as the board president for the Meridian Heights Water and Sewer District and at your pleasure you can ask them for any clarifications or opinions about the agreement, but, essentially, staff has reviewed the agreement and feels good about the agreement with some minor changes that we are recommending to you for consideration. I will let you know that the agreement itself had a lot of fingerprints on it and so -- and we are coming down to the wire, for that matter. We do need to execute this agreement this week in order for us to meet the other time sensitive critical path elements associated with this particular project. Moreover, the ballots will be coming out this Friday for the district patrons to consider the dissolution as contemplated in this agreement and, in addition, the city's annexation process requires some notification that are also intended to go out this week. So, we would like to make sure that we have an executed agreement prior to those activities taking place, which means that, essentially, the critical path is such that October the 3rd, this Thursday, is the last possible day that Meridian City Council October 1, 2013 Page 36 of 40 we could really effect any kind of agreement here that would be meaningful with regard to the overall success of this particular project. So, you do have the agreement and we did make some recommendations -- recommended changes and our intent is to early tomorrow execute on those if you so desire and transmit those changes over to the district and Mr. Centers for their consideration. With that I will pause and ask if there is any questions and leave it to you with what you would like to do next. De Weerd: Okay. Council? Bird: Madam Mayor? De Weerd: Mr. Bird. Bird: I would like to have both of the -- Meridian Sewer -- or Meridian Heights Water and Sewer District and also Mr. Centers publicly endorse this final draft that was drafted today at 9:00 o'clock. De Weerd: Okay. Rountree: To the extent possible. De Weerd: To the extent possible. Thank you for being here this evening. Hamilton: Madam Mayor and Members of the City Council, I'm Gordon Hamilton, I'm the chairman of the Meridian Heights Water and Sewer District and to my understanding this agreement is very close to the form that existed yesterday in terms of that. I think all the elements are there. There is definitely some detail that we have been stumbling over and to the extent that an agreement like this probably shouldn't be doing the final engineering, I think we are there. So, we have a meeting of our board that we are setting up for tomorrow evening and I expect that we will be able to accept the agreement in its final form. Bird: Thank you. Hamilton: So -- do you have`any questions? De Weerd: Thank you. Bird: I have none. De Weerd: Any questions at this point? Rountree: No. I appreciate your comments. Bird: Yeah. Thank you very much. Meridian City Council October 1, 2013 Page 37 of 40 De Weerd: Yes. Hamilton: Okay. Thank you. De Weerd: Thank you, Mr. Hamilton. Centers: Madam Mayor and Councilmen, first my name is Lee Centers and I'm not a real good public speaker. This has been a long haul and with a lot of effort by Mr. Tom Barry and a lot of people worked hard on this. So, hopefully we are there. De Weerd: So, in terms of what you saw this evening and working with Mr. Hamilton and Mr. Barry you're -- Centers: I believe -- De Weerd: -- comfortable with -- Centers: Yes. De Weerd: -- what is in front of Council? Centers: Yes. De Weerd: Okay. Okay. Council, any questions? Bird: I have none. De Weerd: Okay. Zaremba: Thank you. De Weerd: Thank you for being here. Okay. Rountree: Becky is here. Does she have anything to say? De Weerd: She always has something to say. McKay: .Becky McKay. I would just like to thank Tom and everybody else for working on this. This has been the hardest thing I have ever encountered and I'm convinced that if they put Tom in charge of the Middle East issues he could solve the whole thing. Bird: He's going to want raises now. McKay: This is like the hardest -- De Weerd: Is that Tom Barry for president? Meridian City Council October 1, 2013 Page 38 of 40 McKay: Yes. Yes. Basically. This was like being on a sinking enough life boats and Tom kept everybody -- people kept trying and save themselves. Tom got everybody back on the boat and and we bail out the water we will all make it to shore instea deserves a lot of credit for this and I'd like to thank him and like how hard he worked. Thank you. Bird: Thank you very much. ship and there weren't to jump into a life boat said if we fix the holes d of just a few and he Council to be aware of De Weerd: And, Tom, you can get a City of Meridian cup for this one. I'm feeling generous tonight. Rountree: And that silver plate. Bird: He's going to want a bigger office to get his head in now. De Weerd: Okay. Council. Rountree: Madam Mayor? De Weerd: Mr. Rountree. Rountree: First off I, too, would like to thank Tom and our legal staff and the other parties to hopefully this soon to be completed agreement -- the time and effort and energy -- I think we all want it to happen. We all have various reasons it might be hard to move forward, but I think we all have really good reasons to move forward. I will see if I can decipher out of these notes a motion. So, I'm going to move to conditionally approve the three party agreement between the city and Meridian Heights Water and Sewer District and Lee Centers and/or LC, and authorize the Mayor to sign the agreement once the following conditions are met: Inclusion of minor clarifications as directed to staff and with those clarifications provided to both the sewer and water district and Lee Centers. Condition two. Pending an affirmative vote -- and those would be provided to them by tomorrow at 2:00 p.m. -- October 2nd at 2:00 p.m. Number two. Pending an affirmative vote and signed and executed agreement by the district by Thursday, October 3rd, with a signed copy of the agreement submitted to the City Clerk by 10:00 a.m. on October 4th. The third condition is that same condition for Lee Centers, LLC, that it be signed and presented to the City Clerk -- be signed by October 3rd, presented to the City Clerk by 9:00 a.m. on October 4th. That the verification of all of -- of the staff -- and none of us have seen all the exhibits, so that's a concern. And to be -- final condition is to be ratified by the city at the October 8th meeting, provided all conditions are met. And I make these conditions, because we haven't had an opportunity to completely go through this, having just seen it, and we have already come up with some -- some minor editorials, but I don't think any significant changes in the document at this point for consideration. So, that's my motion -- Meridian City Council October 1, 2013 Page 39 of 40 Bird: I will second it. Rountree: -- Madam Mayor. De Weerd: Okay. I have a motion and a second. Any discussion, questions? Hoaglun: Madam Mayor, just to clarify. Would Councilman Rountree -- I understood his motion, but it was city -- City Council clarifications to staff. Rountree: Yes. Hoaglun: Those were the clarifications we are making to staff. So, with our clarifications, what we discussed with staff earlier on -- on the old draft, before we got this draft. So, there is some things that we will have to work through to -- because these things have changed, but, again, they were minor in nature and just kind of clarified some things that we didn't know who or what or different things like that, so we just -- I think it will be fine for everybody, so -- with that clarification, Madam Mayor -- De Weerd: Okay. 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: Okay. So, we will have this back on our agenda next week to ratify and we wish Mr. Hamilton good luck tomorrow night and we look forward to maybe having a signing party after next week's Council meeting. Okay. Zaremba: Madam Mayor, just a reminder that our meeting next week is a workshop that will start at 3:00 o'clock. De Weerd: Yes. Okay. I would entertain a motion to adjourn. Bird: So moved. Rountree: Second. De Weerd: All those in favor say aye. All ayes. MOTION CARRIED: ALL AYES. MEETING ADJOURNED AT 9:26 P.M. Meridian City Council October 1, 2013 Page 40 of 40 (AUDIO RECORDING ON FILE OF THESE PROCEEDINGS) -w._....._ . ........... MAY - Y` DE WEERD DATE APPROVED c ATTEST: Changes to Agenda: None RECEIVE] OCT b 1 2013 Item #813: Jack's Place Subdivision (FP -13.038) CITY OF C% IIRQW Application(s): CITY CLERKS OFFICE ➢ Final plat Size of property, existing zoning, and location: This site consists of 4.52 acres, is currently zoned L-0 and R-8, and is located on the east side of S. Meridian Road, north of E. Victory Road. Summary of Request: The proposed final plat consists of 3 office lots, 20 residential lots and 3 common lots on 4.52 acres. The proposed open space (0.37 of an acre) includes three passive open space lots, entryway and local street landscape buffers. The proposed open space and lot count is identical to the approved preliminary plat and is found to be in conformance. Per the requirements of the preliminary plat, the applicant has included the plat notes that designates the responsible party for the maintenance of the NMID irrigation easement area on the southern residential lots (Lots 3-9, Block 2) and has depicted the cross access easement to the commercial property to the south. Written Testimony: Dave Yorgason in agreement with the conditions of approval in the staff report. Outstanding Issue(s) for City Council: None Staff Recommendation: Approval Notes: Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: 6A PROJECT NUMBER: ITEM TITLE: M.D. WILLIS, INC. Professional Services Agreement with M.D. Willis, Inc. for Stenographic Services 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 AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this 1st day of October, 2013, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", whose address is 33 East Broadway Avenue, Meridian, Idaho 83642, and M. D. Willis, Inc., hereinafter referred to as "Contractor", whose address is 1695 E. Comisky, Meridian, Idaho, 83642 PREMISES: A. Whereas, as part of its records, CITY desires to produce minutes and verbatim transcripts of hearings; and, B. Whereas, CONTRACTOR is in the business of providing stenographic services to public bodies, and others who need verbatim transcripts; and C. Whereas, CITY and CONTRACTOR desire to enter into an agreement whereby CONTRACTOR would furnish stenographic services to the CITY. NOW, THEREFORE, the parties hereto agree as follows: Scope of Services: CONTRACTOR shall perform all the necessary services provided under this agreement in connection with taking minutes and testimony at hearings in proceedings before the Meridian City Council and the Meridian City Planning and Zoning Commission. CONTRACTOR agrees to attend four (4) regular City Council meetings each month, and two (2) regular scheduled Planning and Zoning Commission meetings each month, and at those meetings, to transcribe the proceedings as to produce minutes and verbatim transcripts. CONTRACTOR will furnish to the City Attorney and the Planning Department, within two working days following a given meeting, a rough draft of the transcript. A final transcript shall be furnished to the City Clerk's office with a copy thereof, within five working days following the meeting. In the event CITY requires additional stenographic services beyond the six monthly meetings set forth above, CONTRACTOR agrees to provide such additional services provided that CONTRACTOR receives not less than two days notice prior to such meeting or meetings. 2. Contractor Non -Attendance — Emergency: In the event that an emergency or some other event not within CONTRACTOR'S control prevents CONTRACTOR from attending one of the meetings herein, CONTRACTOR'S attendance at that meeting shall be excused and CONTRACTOR shall prepare the minutes/hearing record from audio tapes furnished by the City Clerk. In that event, CONTRACTOR shall not be / paid the meeting attendance fee but will be compensated for the actual transcription. Agreement for Stenographic Services FYI — page 1 of 5 CONTRACTOR shall notify the City Clerk as soon as possible regarding the emergency and reason for non-attendance. 3. Time of Performance: The services of CONTRACTOR are to commence on the ls` day of October, 2013 and continue through the 301" day of September, 2014, unless terminated or renewed. 4. Compensation: CITY shall pay to CONTRACTOR the sum of TWENTY DOLLARS ($20.00) per hour (rounded to the nearest one-half hour) per meeting attendance by CONTRACTOR and further shall send an e-mail attached document transcription attachment and produce an original transcript, one copy thereof, and one Microsoft Word formatted electronic copy upon request at SIX DOLLARS ($6.00) per page based upon single spaced with margins of not more than one inch each on all sides on an 81/2" x I I" page with the font to be Arial 12 pitch. 5. Method of Payment: CONTRACTOR will invoice the City of Meridian Accounting Department at 33 East Broadway Avenue, Meridian, Idaho 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices no later than the 15th day of the month following delivery of the Invoice to CITY. C 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 33 E. Broadway Avenue Meridian, Idaho 83642 M. D. Willis, Inc. 1695 E. Comisky Meridian, Idaho, 83642 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. 8. 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 attomeys' 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. Agreement for Stenographic Services FY14 — page 2 of 5 9. 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. 10. Subcontracting: None of the services covered by this agreement shall be subcontracted without the prior written consent of the CITY. CONTRACTOR shall be fully responsible to CITY for the acts and omissions of subcontractors, and of persons either directly or indirectly employed by them, as CONTRACTOR is for the acts and omissions of person directly employed by CONTRACTOR. 11. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Services required herein, CONTRACTOR shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Duplication, 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. Termination for Cause: 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, 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. In such event, all finished or unfinished documents, data, maps, studies, surveys, drawings, models, photographs and reports prepared by CONTRACTOR under this Agreement shall, at the option of CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to CITY for damages sustained by CITY by virtue of any breach of this Agreement by CONTRACTOR, and CITY may withhold any payments to CONTRACTOR for the purposes of offset until such time as the exact amount of damages due CITY from CONTRACTOR are determined. This provision shall survive the termination of this Agreement and shall not relieve CONTRACTOR of its liability to CITY for damages. Agreement for Stenographic Services FYI —page 3 of 5 j CITY understands and acknowledges that CONTRACTOR has the right to terminate l due to cause instigated by CITY. In that situation, CONTRACTOR would have the same rights as CITY idenfilied herein. 16. Independent Contractor Status: Both the CITY and CONTRACTOR agree that the relationship created by this agreement is that of independent contractor and not that of employee and employer. CONTRACTOR is responsible for the payment of any taxes, including, but not limited to, all federal, state and local personal and business income taxes, sales and use taxes, other business taxes and license fees, arising out of the activities of the CONTRACTOR. CONTRACTOR is responsible to keep in force all necessary public liability insurance and vehicle insurance with carriers which are satisfactory to CITY, and shall hold the CITY harmless from all claims, demands or suits arising out of the performance of services under this agreement. IT Insurance: CONTRACTOR will supply CITY with proof of insurance general liability and vehicular liability insurance limits of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000). 18. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Option to Renew: CITY shall have the option to renew this agreement for successive one year periods provided that CITY notifies CONTRACTOR no later than thirty (30) days before the end of this agreement and any extension or renewal thereof, of CITY'S exercise of such option. 20. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral or written, whether previous to the execution hereof or contemporaneous herewith. 21. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 22. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. Agreement for Stenographic Services FYI — page 4 of 5 IN WITNESS WHEREOF, the parties have herein executed this Agreement and made it effective as hereinabove provided. DATED AND SIGNED this 2AM day of-geptemtM, 2013. CITY OF MERIDIAN BY: Tammy e erd, Mayor Attest: `aA�no Ati�Li Jaycee olman, City Clerk ' q ary o, E ID$ IAN.,* uiwo 0 "OF SEAT, W fy ��lhe TRt s`ai M. D. WILLIS, INC. BY: VI &L_ A. Dean Willis, President Attest: een Willis, Secretary Agreement for Stenographic Services FY14 —page 5 of 5 Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: 6B PROJECT NUMBER: ITEM TITLE: IDAHO TRANSPORTATION DEPARTMENT Cooperative Agreement with Idaho Transportation Department (ITD) for 1-84, Meridian Road Interchange 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 E IDIAN�- Public � D A H O Works Department TO: FROM: DATE: SUBJECT: A. Mayor Tammy de Weerd Members of City Council Austin Petersen, EIT — Transportation and Utility Coordinator September 24, 2013 COOPERATIVE INTERCHANGE ACTION Move to: Mayor Tammy de Weerd Ckv Council Memberlr Keith Bird Brad Hoaglun Charles Rountree David Zaremba AGREEMENT FOR I-84, MERIDIAN ROAD 1. Approve the Cooperative Agreement for Project No. A010(939) - I-84, Meridian Road Interchange. 2. Authorize the Mayor to sign the agreement. H. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Manager (PM) 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The Idaho Transportation Department has redesigned the I-84, Meridian Road Interchange to reduce congestion, improve safety and make way for a fourth lane on I-84. Meridian road will be widened during the project to accommodate a bike lane and wider sidewalks. A sewer mainline will be relocated as a result of the construction. B. Proposed Project C. An existing sewer line runs along the west side of Meridian Road where a retaining wall will be erected. To avoid having the sewer line located under a retaining wall; ITD will move the line, manholes and appurtenances approximately 20 feet west of its current position. Page I of 2 IV. IWACT A. Strategic Impact: This project is aligned with the Public Works objective of being opportunistic in planning for growth and infrastructure needs. B. Service/Delivery Impact: By moving the sewer line, maintenance crews will have continued access to manhole, and repairs can be conducted with less impact to the interchange. C. Fiscal Impact: None, ITD will pay for the relocation of the sewer line V. TIME CONSTRAINTS Execution of the attached agreement is required to indemnify they city against any claims or liabilities that result from the State's work on this project. ITD plans to start construction on parts of the project this winter. VI. LIST OF ATTACILMNTS A. Cooperative Agreement Approved for Council Agenda: Page 2 of 2 FAM Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: 6C PROJECT NUMBER: ITEM TITLE: EXTENSION OF DOMESTIC WATER Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 1370 E. Ustick Road 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 E IDIAN- Public D A H O Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: Austin Petersen, EIT — Transportation and Utility Coordinator DATE: September 25, 2013 Mayor Tammy de Weerd C@y Ceundl Membeeb Keith Bird Brad Hoaglun Charles Rountree David Zoremba SUBJECT: AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 1370 E. Ustick Road ACTION A. Move to: 1. Approve the Agreement for Extension of Domestic Water and Sewer Services Outside Meridian City Limits at 1370 E Ustick Rd Meridian, ID 83646. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Coordinator (PM) 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The Idaho Transportation Department will widen Ustick road between Locust Grove and Leslie Way to five lanes with curb, gutter, detached sidewalk and bike lanes. During construction the septic tank belonging to Mike and Leslie Trail must be removed. B. Proposed Project In order to provide continued sanitary service for the Trails, ACUD will connect the Trail property to the City of Meridian water and sewer systems. As part of the agreement, the user has provided perpetual consent to annexation of the subject property into the City of Meridian. Page 1 of 2 IV. 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/Delivery Impact: The impact to the sewer and water systems that results from the addition of a single household is negligible. C. Fiscal Impact: None, ACHD will pay for the labor and materials required to attach the sewer and water services. V. TIME CONSTRAINTS Execution of the attached agreement is required to provide Mr. and Mrs. Trail with sewer and water services after construction starts on Ustick Road. ACHD plans to start construction on this project in January of 2014 VI. LIST OF ATTACHMENTS Agreement for Extension of Do estic Water and Sewer Services Outside Meridian City Limits: 13870 E Ustick Road Approved for Council Agenda: Z / Da e Page 2 of 2 AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE j OUTSIDE MERIDIAN CITY LIMITS: 1370 E. Ustick Rd Meridian 83646 /S -i OCh& t - This AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this4drday of August, 2013, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Mike and Leslie Trail whose mailing address is 1370 E. Ustick Rd, Meridian, Idaho (hereinafter "User") (collectively, "Parties"). WHEREAS, User is the owner of parcel numbered S0531449105 with an address of 1370 E. Ustick Rd Meridian 83646, Meridian, Ada County, Idaho, as depicted in Exhibit A hereto (hereinafter "Subject Property"), which real properties are located outside of Meridian City limits; WHEREAS, the City is authorized by Idaho Code section 50-323 to develop, operate, and maintain a domestic water supply, and to protect the same from contamination, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian City Code; WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code; WHEREAS, in or about year, of 2014, a roadway project by the Ada County Highway District ("ACHD") necessitated disconnection of the septic system from the residence at Subject Property and disconnection of the private water well at Subject Property for domestic purposes, in turn requiring User to connect the residence at the Subject Property to the City water and sewer systems; 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, the Parties agree as follows: For purposes of this Agreement, the following words, terms, and phrases shall be defined and interpreted as provided herein, unless the clear context of the presentation of same requires otherwise: A. "ACHD" shall mean the Ada County Highway District, a public body corporate and politic, organized under the laws of the State of Idaho, whose address is 3775 Adams St. Garden City, Idaho 83714. AGREEMENT FOR EXTENSION of DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 1 of 6 B. "Agreement" shall mean the instant Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits. C. "User" shall mean Mike and Leslie Trail, the sole owners in law and equity of Subject Property as of the Effective Date of this Agreement, whose mailing address is1370 E. Ustick Rd Meridian 83646, Meridian, Idaho. D. "City" shall mean the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho. E. "Parties" shall mean, collectively, City and User. F. "Subject Property" shall mean the parcel numbered S0531449105 with an address of 1370 E. Ustick Rd Meridian 83646 Meridian, Ada County, Idaho. As of the Effective Date, the Subject Property has not been annexed into the City of Meridian and is therefore outside of Meridian City limits. A. Provision of Services. At all times relevant hereunder, City shall provide sewer and water services to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. C B. Billing. City shall bill User monthly for sewer and water usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. C. Recordation. This Agreement shall be executed in duplicate, and City shall record such Agreement against each parcel, and shall submit proof of such recordings to User. A. Payment for City services. User shall be responsible for ensuring that ACHD fulfills its obligation to pay to City any and all costs related to sewer and water infrastructure construction, materials, and connection, including, but not limited to, hookup, assessment, meter installation, and inspection fees. In the event that ACHD fails to pay such fees or any portion thereof, User shall pay all such outstanding fees to City and may seek remuneration from ACHD at User's election. Upon connection to the City's sewer and/or water system, User shall pay to City all applicable fees and costs for sewer and water services provided, including, but not limited to use fees, as such are calculated and billed by City as set forth herein and established by law or City ordinance. The exclusive remedy for disputes, objections, or appeals regarding such fees and charges shall be appealed to the Board of Appraisers under the procedure set forth in Meridian City Code. Notwithstanding any other provision of this AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 2 OF 6 Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. B. No cross -connection. User shall abide by and comply with any and all applicable provisions of law, which shall specifically include, but shall not be limited to, compliance with Chapter 3, Title 9, Meridian City Code and/or any and all similar ordinances subsequently adopted, which Prohibit the installation and/or maintenance of a cross -connection to the City's water system. This provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. C. Consent to annexation. User specifically agrees that, as a specific consideration of City's willingness to enter into this Agreement, User shall, and hereby does, provide perpetual consent to annexation of the Subject Property into the City of Meridian. This provision shall comprise evidence of User's consent to annexation as to the Subject Properly, and shall be binding upon all subsequent purchasers, heirs, or assigns of the Subject Property. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. D. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the City to enter the Subject Property for the purpose of inspecting any and all sewer and/or water pipes, connections, and related infrastructure. Except as to routine meter readings or in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide User at least twenty-four (24) hours prior notice of such entry; such notice may be verbal or written and may be posted at one (1) of the Subject Property. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non -defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct the default before the non -defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition, remedies available to City shall include, but shall not be limited to, termination of sewer and/or water service to User, to any successor(s) in interest, and/or to any sewer or water user located on the Subject Property. AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERvicE OursmE MERIDIAN CITY LIMITS PAGE 3 OF 6 C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as follows: City: City of Meridian Attn: Public Works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 User: M►4 imp Ljtli v- rwi1 130 �'UshcK-^Qo� Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section. D. Time is of the essence. The Parties 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 and default hereunder by the Party so failing to perform. E. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. F. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed to be exised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. G. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alfa, any default, termination, or forfeiture of this Agreement. H. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 4 OF 6 or implied, between City and User, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. I. 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 either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. J. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 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. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. L. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this 6th day of August, 2013. USER: . . /I - - 7 -,J Gy -1 &, ?J AGREEMENT FOR EXTENSION of DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS STATE OF IDAHO ss: County of �� ) r I HEREBY CERTIFY that on this 15 day of 0013 before the undersigned, a Notary Public in the State o Idaho, appeared.A,A (. i eua- #: (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. Residing at ' A JL L Idaho PAGE 5 OF 6 My Commission Expires: 14 __( -Z of 4 CITY OF MERIDIAN: BYE/ G��c,` Attest: Tammy de W� r , Mayor J4COTED AUCOsr' cee . Holman, City Clerk n "Ciryor T A SEAL 'Ilk, TRETE% AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 6 OF 6 Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: 6D PROJECT NUMBER: ITEM TITLE: EXTENSION OF DOMESTIC WATER Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits: 2425 E. Ustick Road 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 E IDIAN�- Public D A H O Works Department TO: Mayor Tammy de Weerd Members of City Council FROM: Austin Petersen, EIT — Transportation and Utility Coordinator Mayor Tammy de Weerd CBy Coundl Hembegs Keith Bird Brad Hoaglun Charles Rountree David Zaremba DATE: September 25, 2013 SUBJECT: AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 2425 E. USTICK ROAD I. RECOMMENDED ACTION A. Move to: 1. Approve the Agreement for Extension of Domestic Water and Sewer Services Outside Meridian City Limits at 2425 E Ustick Rd Meridian, ID 83646. 2. Authorize the Mayor to sign the agreement. II. DEPARTMENT CONTACT PERSONS Austin Petersen, Transportation and Utility Coordinator (PM) 489-0352 Warren Stewart, PW Engineering Manager 489-0350 Tom Barry, Director of Public Works 489-0372 III. DESCRIPTION A. Background The Idaho Transportation Department will widen Ustick road between Locust Grove and Leslie Way to five lanes with curb, gutter, detached sidewalk and bike lanes. During construction the septic tank belonging to Mr. Mike and Mrs. Andrea Magee must be removed. B. Proposed Project In order to provide continued sanitary service for the Magee family, ACRD will connect the Magee's property to the City of Meridian water and sewer systems. As part of the agreement, the user has provided perpetual consent to annexation of the subject property into the City of Meridian. Page I of 2 IV. IMPACT A. Strategic Impact: This project is aligned with the Public Works objective of closing gaps in our service and delivery area. B. Service/Delivery Impact: The impact to the sewer and water systems that results from the addition of a single household is negligible. C. Fiscal Impact: None, ACRD will pay for the labor and materials required to attach the sewer and water services. V. TIME CONSTRAINTS Execution of the attached agreement is required to provide Mr. and Mrs. Magee with sewer and water services after construction starts on Ustick Road. ACHD plans to start construction on this project in January of 2014 VI. LIST OF ATTACHMENTS Agreement for Extension o D estic ter and Sewer Services Outside Meridian City Limits: 2425 E Ustick Rd Approved for Council Agenda: D to Page 2 of 2 0 /001 Mayor Tammy de Weerd 0:�W E IDIAN*-- e 9 �oundl Mr KeRh BBird D A H O Brad Hoaglun Public Charles Rountree David Zaremba Works Department AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS: 2425 E Ustick Rd 15,E THIS AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS is made this day of17v 2013by and between the City of Meridian, a municipal corporation organized un ern er the e laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho (hereinafter "City"), and Ms. Andrea Magee, whose mailing address is 2425 E Ustick Rd, Meridian, Idaho (hereinafter "User") (collectively, "Parties"). WHEREAS, User is the owner of parcel numbered S 1105120769 with an address of 2425 E Ustick Rd, Meridian, Ada County, Idaho, as depicted in Exhibit A hereto (hereinafter "Subject Property"), which real properties are located outside of Meridian City limits; WHEREAS, the City is authorized by Idaho Code section 50-323 to develop, operate, and maintain a domestic water supply, and to protect the same from contamination, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapters 1 and 4, Meridian City Code; WHEREAS, the City is authorized by Idaho Code section 50-332 to operate and maintain a domestic sewer system, and the City does exercise such authority, including by the adoption and enforcement of Title 9, Chapter 4, Meridian City Code; WHEREAS, in or about Ustick Locust Grove to Leslie, a roadway project by the Ada County Highway District ("ACHD") necessitated disconnection of the septic system from the residence at Subject Property and disconnection of the private water well at Subject Property for domestic purposes, in turn requiring User to connect the residence at the Subject Property to the City water and sewer systems; 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, the Parties agree as follows: I. DEFINTIONS. For purposes of this Agreement; the following words, terms, and phrases shall be defined and interpreted as provided herein, unless the clear context of the presentation of same requires otherwise: Page I of 5 A. "ACRD" shall mean the Ada County Highway District, a public body corporate and politic, organized under the laws of the State of Idaho, whose address is 3775 Adams St. Garden City, Idaho 83714. B. "Agreement" shall mean the instant Agreement for Extension of Domestic Water and Sewer Service Outside Meridian City Limits. C. "User" shall mean Ms. Andrea Magee, the sole owner in law and equity of Subject Property as of the Effective Date of this Agreement, whose mailing address is 2425 E Ustick Rd, Meridian, Idaho. D. "City" shall mean the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, whose address is 33 East Broadway Avenue, Meridian, Idaho. E. "Parties" shall mean, collectively, City and User. F. "Subject Property" shall mean the parcel numbered SI 105120769 with an address of 2425 E Ustick Rd, Meridian, Ada County, Idaho. As of the Effective Date, the Subject Property has not been annexed into the City of Meridian and is therefore outside of Meridian City limits. II. COMMITMENTS BY CITY. A. Provision of Services. At all times relevant hereunder, City shall provide sewer and water services to the Subject Property, subject to the terms and conditions of this Agreement and any and all applicable laws and City ordinances. B. Billing. City shall bill User monthly for sewer and water usage according to the metering, accounting, and billing system in place under Meridian City Code and the policies and practices of the City of Meridian. C. Recordation. This Agreement shall be executed in duplicate, and City shall record such Agreement against each parcel, and shall submit proof of such recordings to User. III. COMMITMENTS BY USER. A. Payment for City services. User shall be responsible for ensuring that ACHD fulfills its obligation to pay to City any and all costs related to sewer and water infrastructure construction, materials, and connection, including, but not limited to, hookup, assessment, meter installation, and inspection fees. In the event that ACHD fails to pay such fees or any portion thereof, User shall pay all such outstanding fees to City and may seek remuneration from ACHD at User's election. Upon connection to the City's sewer and/or water system, User shall pay to City all applicable fees and costs for sewer and water services provided, including, but not limited to use fees, as such are calculated and billed by City as set forth herein and established by law or City ordinance. The exclusive remedy for disputes, objections, or appeals regarding such fees and charges shall be appealed to the Board of Appraisers under the procedure set forth in Meridian City Code. ITNotwithstanding any other provision of this Agreement, this provision shall be binding AGREEMENT FOR EXTENSION OFDOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE20FS C B. upon User and upon any and all successors in interest of User and/or to the Subject Property. C. No cross -connection. User shall abide by and comply with any and all applicable provisions of law, which shall specifically include, but shall not be limited to, compliance with Chapter 3, Title 9, Meridian City Code and/or any and all similar ordinances subsequently adopted, which prohibit the installation and/or maintenance of a cross - connection to the City's water system. This provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. D. Consent to annexation. User specifically agrees that, as a specific consideration of City's willingness to enter into this Agreement, User shall, and hereby does, provide perpetual consent to annexation of the Subject Property into the City of Meridian. This provision shall comprise evidence of User's consent to annexation as to the Subject Property, and shall be binding upon all subsequent purchasers, heirs, or assigns of the Subject Property. Notwithstanding any other provision of this Agreement, this provision shall be binding upon User and upon any and all successors in interest of User and/or to the Subject Property. E. Consent to entry. User shall, and hereby does, provide perpetual consent and access to the City to enter the Subject Property for the purpose of inspecting any and all sewer and/or water pipes, connections, and related infrastructure. Except as to routine meter readings or in the event of an imminent or realized threat to the public health, safety, or welfare, City shall provide User at least twenty-four (24) hours prior notice of such entry; such notice may be verbal or written and may be posted at one (1) of the Subject Property. IV. GENERAL PROVISIONS. A. Default. Any failure to perform the terms and conditions of this Agreement, or any portion thereof, shall be a default hereunder. In the event of a default, the non -defaulting party may serve a written Notice of Default upon the defaulting party by the method set forth herein. Except in case of an imminent or realized threat to the public health, safety, or welfare, the defaulting party shall have thirty (30) days following delivery of such notice to cure or correct the default before the non -defaulting party may seek any remedy as provided herein. Notwithstanding any other provision of this Agreement, this provision shall be binding upon the Parties and upon any and all successors in interest thereof. B. Enforcement. This Agreement shall be enforceable in any court of competent jurisdiction by either City or User, or any respective successor(s) in interest thereof. An action at law or in equity, as appropriate, shall lie to secure specific performance of any covenant, agreement, condition, commitment, and/or obligation set forth herein. In addition, remedies available to City shall include, but shall not be limited to; termination of sewer and/or water service to User, to any successor(s) in interest, and/or to any sewer or water user located on the Subject Property. C. Notices. Any notice desired by the Parties or required by this Agreement shall be deemed delivered after deposit in the United States Mail, postage prepaid, addressed as AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGES or follows: City: City of Meridian Attn: Public Works Department Director 33 E. Broadway Ave. Meridian, Idaho 83642 User: Ms. Andrea Magee 2425 E Ustick Rd Meridian, Idaho 83642 Either Party may change its address for the purpose of this section by delivering to the other Party written notification of such change, establishing a new address for noticing purposes, in accordance with the requirements of this section, D. Time is of the essence. The Parties 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 and default hereunder by the Party so failing to perform. E. Binding upon successors. Except as otherwise specifically provided herein, this Agreement shall be binding upon any and all owners of the Subject Property, any and all subsequent owners thereof, and each and every other person acquiring an interest in the Subject Property. Nothing herein shall, or shall be construed to, in any way prevent the sale or alienation of the Subject Property, or any portion thereof, except that any sale or alienation shall occur subject to the provisions of this Agreement, and any successive owner or owners shall be both benefited and bound by the conditions and restrictions herein expressed. F. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such provision shall be deemed tobeexised herefrom and the invalidity thereof shall not affect any other provision or provisions contained herein. G. Attorney fees. Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorney fees as determined by such court. This provision shall be deemed to be a separate contract between the Parties and shall survive, inter alfa, any default, termination, or forfeiture of this Agreement. H. Final Agreement. This Agreement sets forth all promises, inducements, agreements, conditions, and understandings between City and User relative to the subject matter hereof, and there are no promises, agreements, conditions, or understandings, either oral or written, express or implied, between City and User, other than as are stated herein. Except as otherwise specifically provided herein, no subsequent alteration, amendment, change, or addition to this Agreement shall be binding upon the Parties unless set forth in writing and duly executed by both Parties or their successors in interest. I. 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 AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS PAGE 4OF5 right to thereafter enforce such term, and any right or remedy hereunder may be asserted at any time after either party becomes entitled to the benefit thereof, notwithstanding delay in enforcement. All rights and remedies herein enumerated shall be cumulative and none shall exclude any other right or remedy allowed by law. Likewise, the exercise of any remedy provided for herein or allowed by law shall not be to the exclusion of any other remedy. J. Compliance with laws. Throughout the course of this Agreement, the Parties shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 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. The City's ordinances appertaining to the regulation, control, and use of its sewer and water systems, and any prospective amendments to and/or recodifications thereof, are specifically and without limitation incorporated into this Agreement as if set forth fully herein. K. Advice of attorney. Each party warrants and represents that in executing this Agreement, it has received independent legal advice from its attorney or the opportunity to seek such advice. L. Approval Required: This Agreement shall not become effective or binding until approved by the City Council of the City of Meridian. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this —42 day of Se00fe A6,e 2013. USER: CITY OF MERIDIAN: I= Mayor AGREEMENT FOR EXTENSION OF DOMESTIC WATER AND SEWER SERVICE OUTSIDE MERIDIAN CITY LIMITS STATE OF IDAHO ) ) Ss: County of /%Q ) PA I HEREBY CERTIFY that on this /o`/ day of Slime -',, before the undersigned, a Notary Public in the State of Idaho, personally appeared M, Ke 4 9M.,ea MajeN 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 IP00bove written. for no UQSS'® �r 9 oma, City of . .. ._ Iowuo MF SFAS" tiW rr W° c P PA ulj ye THE AERP Expires: %1%1 in Ig City Idaho Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: HAEMKER CONSTRUCTION - GENERATIONS PLAZA Award of Bid and Approval of Agreement to Haemker Construction, Inc. for "Generations Plaza Upgrades" for the Not -To -Exceed Amount of $115,000.00 MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY I SENT TO APPLICANT NOTES INITIALS To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Mike Barton Date: 9/26/13 Re: October 1 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October V City Council Consent Agenda for Council's consideration. Award of Bid and Approval of Agreement to Haemker Construction Inc. for "Generations Plaza Upgrades" for the Not -To -Exceed amount of $115,000.00. Recommended Council Action: Award of Bid and Approval of Agreement to Haemker Construction, Inc. for the Not -To -Exceed amount of $115,000.00. Thank you for your consideration. • Page 1 Date: 9/20/2013 and; 01 Departments Construction: X CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT 5200 GL Account: PSA: PARKS 92402 Project 10112.a Task Order: Project Name: GENERATIONS PLAZA FOUNTAIN UPGRADES Project Manager: Mike Barton Department Representative: N/A Contractor/Consultant/Design Engineer: Haemker Construction, Inc. Budget Available (Attach Report): XContract Amount.$115,000.00 Will the project cross. fiscal years? Yes No x Budget Information: FY Budget: 2014 Enhancement p: 1 Grant N:. n/a Other: n/a Type of Grant; n/a CONTRACT CHECKLIST BASIS OF AWARD v Bidder X Highest Rated Master Agreement (Bid Results Attached) Yes 'Typical Award Yes X No (Ratings Attached) If no please state circumstances and conclusion: (Category) 10 pay Waiting Period Complete: Yes/ September 23, 2013 Date Award Posted: September 13, 2013 PW License # C-13663 Current? (attach print out) k Correct Category? Corporation Status (Attach Print Out): Goodstanding Insurance Certificates Received (Date): September 26, 2013 Approved by Risk Management Payment and Performance Bonds Received (Date): Builders Risk Ins. Req'd: Yes Date Agenda: Rating:: A+ September 26, 2013 Rating: A+ No X If yes, has policy been purchased? n/a Issue Purchase Order No. Date Issued; Issue Notice of Award: Date: Approved. by Council Yes City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Tncluded In Report 5200 - Parks - Admin 01 - General Fund From 10/1/2013 Through 9/30/2014 Capital Outlay 92902 Generations Plaza Construction 0000 NON -DEPARTMENTAL 1O112.a Generations Plaza Water Feature Remodel Total Capital outlay TOTAL EXPENDITURES Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 119,600.00 0.00 119,600.00 100.00% 19,500.00 0.00 14,500.00 100.00% 129,100.00 0.00 129,100,00 100.00% 129,100.00 0.00 129,100.00 100.00% Ila te: 9/26/13 01:11:19 04 Paye; 1 o p ui o W o m � > oo:0000 o oo:0000 oo N000iDo , e-.� C O J f9:f9 M f9 bt VT.f9 f9 F9 41 H H f9 i9 N 1? fA.� f9 19 fA fA i9 f9 fR E9 f9 f9 E9 H3 E 'v •p 7 R LL JQ>>7JQ j7 .0 O c W f9 bt f9 fR NfMHtNM f9M f9 wE9 wvf�fR fH Nl �t»VJ tR Yf Nth d E ' W O # v d m 47 p a v 0 m O w c w 0 w0 - U p 4 'ICG Z o E O K a nw E m � v oo'oo�o�o 0 d d W C ❑ 00 'p O 0 U, i9 NifA f9 bJ fH fR M h: �kW U) I. O z 0 LU �'n Lull z W CL x W ow. t 0 J N � ei zN zN ''z_ a oti a 10E- o�'m ZZ � h%mow ~}CL o �' m p� W y I� coi E L° cLLI CL � Z o W U1 P c a N 0 �6.�-a..zTi a Q Q LLw c o 00 ORO' 2 N�Fa-z w ma O F Q Q .E �.. m e m o M C O Y O= A rn y .o C �maj QK n 10Q>'c6woE W HR c3.E3EV . Lu SR0.7wa?jw a a om m0 wo R O 0 C)z0z4.0 W1 (V N (V N N N 0 O O CO NN N N N N M 0 0 0 0 0 aaaaaaaa rnmrnrnrnrn _ x. j y� i:i a D 0 0 0 OO O A'O 0 0 0 0 0 0 O O O O O OO 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O OO O O O O b N N N N N N N N N N N N N N N N N N N N N N:N N.N y In'In N N N N N. N M N to ,n N N In N It) N N N !n.N '.N N N O ,11. i W 9 C1: N 3 M �O N :G L v R } a b 0 W 1111 1 C Untitled Page Page 1 of 1 Division of 5Ul Mir-�ja1 f 6 1 Login Public Public Works Search k Search Again Download 'Resul Contractor Company Name License Number Work CategorV(s) HaemkerConstruction, Inca PWC -C-13663 00003, 02310, 02791 Search PERMITS LICENSE First I'rcv Page: 1 of 1 Next PUBLIC. WORKS Details - License Number: PWC -C-13663 VIOLATIONS ELEVATORS Lic Info Bus Lic Fees $800.00 Registration#: PWC -C-13663 Issue: 5/28/2013 Expire: 5/31/2014 Type: PUBLIC WORKS Sub -Type: C Status: ACTIVE Comp/Name: HaemkerConstruction, Inc. Addressl: 2414 E Railroad St City, State, Zip: NAMPA, ID 83687 Phone: (208) Cell: Pager: Fax: (208) 467-7481 Owner Name: https://data.dbs.idabo.gov/etralcit2/Idaho PublicWorlcsSearchRslts.aspx 9/20/2013 IDSOS Viewing Business Entity Page '1 of 1 IDAHO SECRETARY OF STATE ( Viewing Business Entity Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ Get a certificate of existence for HAEMKER CONSTRUCTION. INC ] HAEMKER CONSTRUCTION, INC. 2414 E'RAILROAD ST NAMPA, ID 83687 Type of Business: CORPORATION, GENERAL BUSINESS Status: GOODSTANDING, ANREPT SENT 02 Nov 2012 State of Origin: IDAHO Date of 03 Jan 2006 Origination/Authorization: Initial Registered Agent: JAMES R HAEMKER 2414 E RAILROAD ST NAMPA, ID 83687 Organizational ID /Filing C164295 Number: Number of Authorized Stock 10000 Shares: / Date of Last Annual Report: 17 Jan 2013 Original (Filing: [ Help Me Print/View TIFF ] Filed 03 Jan 2006 INCORPORATION View Image (PDF format) View Image (TIFF format) Annual Reports: [ Help Me Print/View TIFF ] Report for year 2013 ANNUAL REPORT View Document Online Report for year 2012 ANNUAL REPORT View Document Online Report for year 2011 ANNUAL REPORT View Document Online Report for year 2010 ANNUAL REPORT View Document Online Report for year 2009 ANNUAL REPORT View Document Online Report for year 2008 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Report for year 2007 ANNUAL View Image (PDF format) View REPORT Image (TIFF format) Idaho Secretary of State's Main Paqe State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo(cbsosidaho.gov http://www.accessidaho.org/public/sos/coi-p/CI64295.htinl 9/20/2013 AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES (GENERATIONS PLAZA FOUNTAIN UPGRADES) PROJECT#10112.a i THIS AGiREEMENT FOR INDEPENDENT CONTRACTOR SERVICES is made this _ day of uL=&k&F9013, and entered into by and between the City of Meridian, a municipal corpo ation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Haemker Construction, hereinafter referred to as "CONTRACTOR", whose business address is 2414 E. Railroad St., Nampa, ID 83687 and whose Public Works Contractor License # is C- 13663 -C-3-4. INTRODUCTION Whereas, the City has a need for services involving GENERATIONS PLAZA FOUNTAIN UPGRADES; 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: TERMS AND CONDITIONS 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, exceptthat, as to any work which is copyrighted bythe 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. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 1 of 10 (1-0 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 $115.000.00. 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. 3. Term: 3,1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) September 30, 2013 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. GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 2 of 10 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 45 (forty-five) 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. 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 GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 3 of 10 1h 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 emplovees. CONTRACTOR shall maintain. and 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 GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 4 of 10 E 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. 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. 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: All construction and equipment provided under this agreement shall be warranted for 2 years from the date of the City of Meridian acceptance per the ISPWC and the Meridian Supplemental Specifications & Drawings to the ISPWC and any modifications, which by this reference are made a part hereof. All items found to be defective during a warranty inspection and subsequently corrected will require an additional two (2) year warranty from the date of City's acceptance of the corrected work. 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: GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 5 of 10 CITY CONTRACTOR City of Meridian HAEMKER CONSTRUCTION Purchasing Manager Attn: Linda Haemker 33 E Broadway Ave 2414 E. Railroad St. Meridian, ID 83642 Nampa, ID 83667 208-888-4433 Phone: 208-467-7480 Email: Iinda(a)haemkercon structio n. com Idaho Public Works License #C -13663-C-3-4 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. W. ,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 competentjurisdiction. 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. 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 GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 6 of 10 EV 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 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. GENERATIONS PLAZA FOUNTAIN UPGRADES page 7 of 10 Project 10112.a 24. Public Records 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. 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. CITY OF MERIDIAN HAEMKER CONSTRUCTION JAYCEELUOLIVIAN, CITY CLERK Purchasing Approval BY: z�: KEITH -WATTS, Purchasing Manager Dated:: 2Z� ��3 GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 8 of 10 Attachment A SCOPE OF WORK REFER TO INVITATION TO BID PKS-13-10112.a ALL ADDENDUMS, ATTACHMENTS, AND EXHIBITS Included in the Invitation to Bid Package # PKS-13-10112.a, are by this reference made a part hereof. GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 9 of 10 UP Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $115,000.00. Payment Milestone Delivery & Installation of 50% Water Filtration E ui ment Contract includes furnishing all labor, materials, equipment, and incidentals as required for the GENERATIONS PLAZA FOUNTAIN UPGRADES per IFB PKS-13-10112.a Total Bid Schedule 1 ...................$115,000.00 CONTRACT TOTAL ....................... $M,Q0Q.00 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. GENERATIONS PLAZA FOUNTAIN UPGRADES Project 10112.a page 10 of 10 N Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: 6F PROJECT NUMBER: ITEM TITLE: PEGASUS PLANNING AND DEVELOPMENT Award of RFP and Approval of Agreement to Pegasus Planning and Development for "Field Innovation District Study" for the Not -To -Exceed Amount of $55,500.00 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 Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Bruce Chatterton Daae: 9126113 Re: October 1 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 1 I City Council Consent Agenda for Council's consideration. Recommended Council Action: Approval of Agreement to Pegasus Planning and Development for the Not -To -Exceed amount of $55,500.00. Thank you for your consideration. 0 Page 1 •e: 9/25/2013 Fund: 01 Department: Construction: Project Name: Project Manager: CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST REQUESTING DEPARTMENT COMMUNITY DEVELOPMENT 1910 GL Account: 55000 Project# 10431 PSA: x Bruce Chatterton Department Representative: Task Order: Contractor/Consultant/Design Engineer: Pegasus Planning & Development Budget Available (Attach Report): Yes Contract Amount: $55,500.00 Will the project cross fiscal years? Yes X No X Budget Information: FY Budget: FY13 / FY 14 Enhancement#: 1/2 Grant#: Other: Type of Grant: BASIS OF AWARD Low Bidder Highest Rated X (Bid Results Attached) (Ratings Attached) Yes Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: September 16, 2013 PW License# n/a Corporation Status (Attach Print Out): Insurance Certificates Received (Date): Current? (attach print out) Same Master Agreement (Category) Date Award Posted: September 6, 2013 n/a Rating: Payment and Performance Bonds Received (Date): n/a Rating: n/a Builders Risk Ins. Req'd: Yes No X If yes, has policy been purchased? n/a C Date Submitted to Clerk for Agenda: Approved by Council Issue Purchase Order No. Date Issued: Issue Notice of Award: Date: Correct Category? n/a AGREEMENT FOR PROFESSIONAL SERVICES sl THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this iday of DCTo 6ER , 2013, 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 Pegasus Planning and Develoament, hereinafter referred to as "CONSULTANT", whose business address is 1603 W. 6' St., Austin, TX 70703. INTRODUCTION Whereas, the City has a need for services involving Professional Planning Services; and WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1„ Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided , however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves 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. Page 1 of 13 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 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 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 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 $55,500.00 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to 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. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall Cexpire upon completion of the agreed upon services, September 30, 2014 or Page 2 of 13 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 follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, Page 3 of 13 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 its 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 PEGASUS PLANNING & DEVELOPMENT City of Meridian Purchasing Manager Attn: Sean Garreston, President 33 E Broadway Ave 1603 W. 6m Street Meridian, ID 83642 Austin, TX 78703 208-888-4433 Phone: 512-300-7270 Email: Email: kwatts@meridiancity.org sean@pegasusplanninganddevelopment.com Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell Page 4 of 13 any of its rights under this Agreement except upon the prior express written consent of CITY. 10, Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 11.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of 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. Page 5 of 13 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, in part or in its entirety, by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing this Agreement. It has received independent legal advice from its 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. Public Records 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 Page 6 of 13 accept the marking of an enlira document as exempt, In addition, the CITY will not accept a legend or statement on one (1) page that 811, or substantially all, of the document is exempt from dISCIOSUre. The Contractor shall indemnify and defend the CITY against all liability, claims, daitlages, losses, expenses, actions, attorney fees and suits whalsoever for honoring such a designation or for the Contractor's failure to designate individual documents as exempt. The Conlraator'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 rlaims for damages Caused by any such release. 21. Confidentiality: Consultant understands and acknowledges that all tests and resulls(conf idential information) are intended solely for the City. Consultant agrees to hold all confidential Information in conlidenco and will not disclose the confidential information to any person or rankly without the express prior written consent of City. 22. 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 Merldian. 23. Approval Required: This Agreement Shall not become effective or binding until approved by the City of Meridian, C CITY OF MERIDIAN PEGASUS PLANNING & DEVELOPMENT By. —'16 BY: eu X1 TAMMY de RD, MAYOR Tr•.n U�; s J dean Garreston, Preside I `9 aryae d� Dated: - =_�=L C> FikII?1ANP—"er4 Z. - fOHWO� Approved by Council:- N 41 TRE;5U C t: CEE-HOWAN`(;ITYGLERK -- Purchasing Approval BY:_ -- KEIT ATTS, P rchasing Manager COmmunfty Development Department Approva BY; Brij Thal ertor , Director Pape 7 of 13 Dated:: q/2 —xS//3 Dated:: l S J Page 8 of 13 Attachment A SCOPE OF WORK TASK ONE: Finalize Scope of Work During Trip #1 lead team members from Pegasus and Point A Consulting will spend one full day in Meridian to finalize the scope of work and contract, visit with key staff and elected officials, and perform a site visit. 1.1 Trip to Meridian to achieve closure on scope (2 persons, 1 day); begin first steps needed to launch Task Two and Task Three; finalize scope; meet and discuss with key staff, site visit. TASK TWO: Backaround Research The consulting team will perform significant background research prior to Trip #2. This research will focus on demographics, economics, asset mapping, and literature review (local, regional and state). 2.1 Economic & Technology Context Background Research. Includes: Internet - based research on Meridian, region and state related to economy/demographics, and agricultural / research environment; review of existing studies, plans, strategies; existing industry base (location quotient analysis) and other related research. 2.2 Physical Planning Context Background Research. Includes: baseline land - use and planning information, studies, documents; develop preliminary base map of area, including asset map of universities, businesses and related assets (2 maps —1) state/regional, and 2) local with potential site area. Prior to Trip #2, our team will work with staff to identify all of the key stakeholders to engage in during our extended trip. We will finalize the methodology to use, including interview questions, format for interviews, any focus groups that will occur and logistical considerations of the interviews. We will rely on the client to ensure that all stakeholders are invited and confirmed for the interviews. Some interviews will be done via telephone before or after this trip, based on stakeholder availability and their priority of meeting with them during this trip. 3.1 Environmental Scan. Identify universe of potential relevant stakeholders (organizations, individuals and their appropriate role / interests) 3.2 Stakeholder List Confirmation. Work with client to identify stakeholders to be contacted, given budget and other considerations; prioritize into "must have", Page 9 of 13 "nice to have", "optional, if time permits". Categorize stakeholders into: private meeting; focus group meeting; telephone interview. A preliminary list of stakeholders includes the following (in addition to City/County staff and elected officials, and local landowners/developers): • Boise State University (administration, research and commercialization) • Idaho University (administration, research and commercialization) • Agricultural staff from Governor's Office / Congressional Districts • Department of Agriculture • Farmers Bureau • Cattleman's Association • Potato Growers Association • Economic Development District • Far West Agribusiness Association • Food Producers Association of Idaho • Dairymen's Association • Seed Association • Idaho Farmer's Union • Grain Producers Association • Hay and Forage Association 3.3 Interview /Focus Group Guide and Material Development. Develop questionnaire format with client input for interviews and focus group(s). Prepare any exhibits (maps, presentations) to illustrate during the interviews and focus groups. 3.4 Conduct Stakeholder interviews 3.4.1 Confirm method for and implement contact with stakeholders (e.g. client versus consultant roles, advance letter or email, etc.) 3.4.2 Scheduling. Method to be determined, client assistance may be required. 3.4.3 Conduct On-site interviews (Trip #2; assumes 4 persons, 3 -days) 3.4.4 Conduct telephone interviews as needed 3.5 Documentation. Internal team write-ups / synthesis / analysis of interviews TASK FOUR: Asset Mauaina and Analysis 4.1 Develop key themes and findings based on Background Research (Task Two) and Stakeholder information. 4.2. Establish framework of major assets and issues relevant to assessment of feasibility 4.3. Identify Assumptions & Factors that will drive Go / No -Go decision-making, or lead to alternative action scenarios, within the Asset & Issues Framework Page 10 of 13 4.3.1 Land development and planning issues 4.3.2 Place -oriented factors (specific locations) 4.3.3 Partnership opportunities (Government, Industry, Academic / Institutional, et al) 4.3.4 Economic development environment (recruitment / expansion) 4.3.5 Entrepreneurship / Innovation eco -system and infrastructure (start- ups) 4.3.6 Financial implications / Financing options 4.4 Scenario Development (to be tested with Client) 4.5 Interim Report (Deliverable) 4.5.1 Interactive work session with client to review in person the Preliminary Findings, Scenarios, and Recommendations for additional areas of investigation; obtain feedback and establish points of consensus (Trip #3, 3 to 4 team members 1 day) TASK FIVE: Go / No -Go Decision During this final task, we will prepare the final report and recommendation on whether or not to proceed further in the feasibility analysis and planning for the Agriculture Research District. If the recommendation is to proceed, our team will make a final trip as part of this Phase I, and during that trip we will work with the client to finalize the scope and contract for Phase II and III. 5.1 Prepare Final Report / Recommendations based on results of Task 4.5.1 5.1.2 Potential development of Action Plan / Scope for Phases II & III, if warranted 5.2 Transmittal / presentation of Final Report 5.2.1 Meeting with client to obtain closure on details of potential Phases II and III work, (Trip #4, 2 persons / 1 day. Page 11 of 13 Attachment B MILESTONE / PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed $55,500.00. TASK DESCRIPTION AMOUNT Task 1 Finalize Scope of work $2,000 Task 2 Background Research $6,000 Task 3 Stakeholder Identification & Engagement $13,000 Task 4 Asset Mapping & Analysis $19,000 Task 5 Go / No -Go Decision $3,500 Travel Expenses (per the requirements below) $12,000 TOTAL $55,500.00 TRAVEL EXPENSES The City will only pay for meal, lodging and transportation expenses for official business that consists of consultants traveling to or from, outside of the Treasure Valley, and that are directly related to the specific task orders. Reimbursement will NOT exceed the limits allowed under the US General Services Administration Per Diem Rates for the Boise area. These rates can be found at the following website: hftp://www.gsa.q ov/portal/categoN/100120 The current FY2014 rate for meals is $46 per full day, and $34.50 (75%) for both travel days. Receipts for meal per diem allowances are not required. The current FY2014 GSA hotel rate is $77.00/night. Lodging, transportation and hotel expenses will only be reimbursed when accompanied with an itemized receipt and proof of prior approval by the Project Manager. Page 12 of 13 Transportation (Pre -approved by Project Manager): All travel must be by the most economical means practical. If there is interruption of travel or deviation from the direct route for the traveler's convenience, the deviation may not exceed the cost of uninterrupted travel. Airline: Consultants will only be reimbursed for coach or economy class rates. Rental Cars: A vehicle is only allowed with prior authorization by the City Project Manager. Mileage: Mileage to and from consultants office and airport may be reimbursed if incorporated in any associated task order. Parking: Airport parking may be reimbursed if incorporated in any resulting task order. ALL OTHER EXPENSES ARE CONSIDERED INCIDENTAL AND ARE NOT REIMBURSABLE Page 13 of 13 Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: MOSS ADAMS, LLP Award of RFP and Approval of Agreement to Moss Adams, LLP for "Professional Analysis for Utility Billing Software Selection" for the Not -To -Exceed amount of $64,680.00 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 i To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Stacy Kilchenmann Date: 9/26/13 Re: October 1 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October I"City Council Consent Agenda for Council's consideration. Recommended Council Action: Approval of Agreement to Moss Adams, LLP for the Not -To -Exceed amount of $64,680.00. Thank you for your consideration. • Page 1 Date: Construction: CITY OF MERIDIAN CONTRACT/AGENDA REQUEST CHECKLIST 9/26/2013 REQUESTING DEPARTMENT NILIBS 60 Department: Project Name: Project Manager: 3300 GLAccount: PSA: X 55000 Project# Task Order: PROFESSIONAL ANALYSIS FOR UTILITY BILLING SOFTWARE SELECTION Rob Sosnowski Contractor/Consultant/Design Engineer: Budget Available (Attach Report): Yes Will the project cross fiscal years? Yes 10404 Department Representative: Stacy Kilchenmann Moss Adams, LLP Contract Amount: $64,680.00 Budget Information: FY Budget: 14 Enhancement#: 1 Grant#: Other: Type of Grant: CONTRACT CHECKLIST BASIS OF AWARD d Bidder Highest Rated X Master Agreement (Bid Results Attached) (Ratings Attached) Yes (Category) Typical Award Yes X No If no please state circumstances and conclusion: 10 Day Waiting Period Complete: August30, 2013 PW License # n/a Current? (attach print Corporation Status (Attach Print Out): Existing Date Award Posted: August 21, 2013 n/a Correct Category? n/a Insurance Certificates Received (Date): September 23, 2013 Rating: A Approved by Risk Management 9/24/2013 Payment and Performance Bonds Received (Date): n/a Rating: n/a Builders Risk Ins. Req'd: Yes No x If yes, has policy been purchased? n/a Date Submitted to Clerk for Agenda: September 26, 2013 Approved by Council Issue Purchase Order No, Date Issued: Issue Notice of Award: Date: City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 60 - Enterprise Fund 3300 - MUSS From 10/1/2012 Through 9/30/2013 OPERATING COSTS 55000 Professional Services 0000 NON -DEPARTMENTAL 10404 Utility Billing Software Total OPERATING COSTS TOTAL EXPENDITURES Date: 9/26/13 09:50;15 pM Percent of Budget with Current Year Budget Budget Amendments Actual Remaining Remaining 30,000.00 0.00 17.0,000.00 140,000.00 0.00 31,731.15 ........._0.00 31.731.15 140,000.00 31,731.15 30,000.00 100.008 (31,731.15) 0.00% _1101000.00 100.004 108,268.85 77.338 108,268.85 77.338 Page: 1 City Of Meridian Detailed Statement of Revenues and Expenditures - Rev and Exp Report - Keith - Unposted Transactions Included In Report 60 - Enterprise Fund 3300 - MUBS From 10/1/2013 Through 9/30/2014 OPERATING COSTS 55000 Professional Services 10404 Utility Billing Software Total OPERATING COSTS TOTAL EXPENDITURES Budget with Current Year Amendments Actual 30,000.00 110,.000..0.0_ 140, 000 _00 140,000.00 0,00 ._.. __.........__. _ . 0. 00 _ 0.00 0.00 Budget Remaining 30,000.00 140 000.00 140,000.00 Percent of Budget Remaining Date: 9/26/13 09:51:13 AM Page: i 100.008 100.008 100.008 100.00% 0 0 0 0 0 0 0 0 0 0 N r M C 0 M O O O M s m C 0 M O O O o^ M r n N as h O {A bi f9MMMf9W b! 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'O t u W ° Ill c:m » o E E m .`'�. t o m .0 W r d c o A V � a IL C: E co o ry�ltl rvvE 7 v N' > O t U � � ✓ O Y 10 U Yl a� 5 v3`a E / mMM1-0��N M a a N 3.o N L a2 0..•= Y p.. C .c ¢ C L E N - n' 3 b m w y tj _ m �g.m v m o v o Y E a E 10 INrv' 8"o ou d t. o` S LL E a> v o CZ CSL a,sL fib.... t Ea+O C �. � v a��3=tea. v� G v c$ a v$ r o Q O N a 3 1O o c N v� c �� C O � b •� O O b. E a o • > Nf� O w > a o 2•p�rnm� q u v b t$ W iC Q" 10 L a p a w W a W n x � O at9ca d Q> di O'.ba v.E v .G Z Qo 5 S c r a:Pi '0 F in W C a - O w ° O 3 0 L v N LL 0 0 2 R b 9 W N N m u `n a v 3 3 `m } n a N N m } LL C Y 0 V 'O t u ^O } A N LL 0 0 2 R b 9 W N N m � C�E IDI IAN'S , City of Meridian PROFESSIONAL ANALYSIS FOR UTILITY BILLING SOFTWARE SELECTION DESIGN AND CONSTRUCTION ADMINISTRATIN SERVICES SELECTION DUE DATE & TIME: VENDOR SELECTION: (in order) 1 Moss Adams 2 Westin Engineering 3 Plante Moran 4 Berry Dunn, Mcneil &Parker 5 SoftResources 6 AdvanTech, LLC 7 Schafer Consulting 8 Accent Business Services 9 Synopteck 10 Eide Bailly 11 Claudette Mayfield 12 White Mountain Technology & Consulting Date Posted: IDSOS Viewing Business Entity IDAHO SECRETARY OF STATE Viewing Business Entity Page 1 of 1 Ben Ysursa, Secretary of State [ New Search ] [ Back to Summary ] [ Gena certificate of filing for MOSS ADAMS LLP I MOSS ADAMS LLP 999 THIRD AVE STE 3300 SEATTLE, WA 98104 4019 Type of Business: LIMITED LIABILITY PARTNERSHIP (LLP) Status: EXISTING, ANREPT SENT 02 Oct 2012 State of Origin: WASHINGTON Date of 10 Dec 2004 Origination/Authorization: Current Registered Agent: MARC E WALLACE 2370 N MERRITT CREEK LOOP #1 COEUR D'ALENE, ID 83814 1199 File Number: 31216 Date of Last Annual Report: 20 Dec 2012 Original Filing: Filed 10 Dec 2004 REG, OF FOREIGN Annual Reports: Report for year 2012 ANNUAL REPORT Report for year 2011 ANNUAL REPORT Report for year 2010 ANNUAL REPORT Report for year 2009 ANNUAL REPORT Report for year 2008 ANNUAL REPORT Report for year 2007 CHANGE ADDRESS Report for year 2007 ANNUAL REPORT Report for year 2006 ANNUAL REPORT Report for year 2005 ANNUAL REPORT Idaho Secretary of State's Main Page [.Help Me Print/View TIFF I View Image (PDF format) View Image (TIFF format) [ Help Me Print/View TIFF ] View Document Online View DocumentOnline View Document' Online View Document Online View Document Online View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image (PDF format) View Image (TIFF format) View Image '(PDF format) View Image (TIFF format) State of Idaho Home Page Comments, questions or suggestions can be emailed to: sosinfo@sos,idaho.aov http://www:accessidaho.org/public/sos/corp/J1216.html 9/26/2013 CERTIFICATE OF LIABILITY INSURANCE UATE(MM12013 YY =2412013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy()es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endomement(s). PRODUCER Aon Risk Services Central, Inc. Chicago IL Office 200 East Randolph Chicago IL 60601 USA NOME T PHONE (312) 381-1000 FAK (312) 381-7007 (MG.No.En)e AIC. NP.: EMAIL ADDRESS: INSURER(5) AFFORDING COVERAGE NAIC0 INSURED INSURERA National Fire Ins. Co. of Hartford 20478 Noss Adams LLP 999 Third Avenue, Suite 3300 Seattle WA 98104 USA INSURER G: Continental Insurance Company 35289 INSURER C: INSURERD: X GENERAL INSURERE: INSURER R COVERAGES CERTIFICATE NUMBER: 570051362643 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limns shown are as requested LTR TYPE OF INSURANCE MSR BUBR vAu I POLICY NUMBER MMItlDA'YYY MMIOOIYYYY LIMITS A GENERALLIAMLITY 5088714197 EACH OCCURRENCE $1,000,000 X GENERAL General Llah;liiy D B MAG RENTU- M10 $1,000,000 COMMERCIAL LIABILITY PAET a 00 CLAIMSMADE X�OcCOR MEn E%P(An,Pno Peraon) $5,000 PERSONAL a ADV INJURY $1,000,000 GENERALAGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGO $2,000,000 POLICY PRO LOG B AUTOM081LE LIABILITY 5088714166 11/30/2012 10 31 2013 COMBINED SINGLE LIMIT $1,000,000 a ctl Auto BODILY INJURY (P., person) ANY AUTO BODILY INJURY (Por euidenq ALL OWNED acHE°ULED AUTQR AUTQS % HIRED AUTOS % NoN-oVmEb PROPERTY DAMAGE (Peraaldanl AUTOS UMBRELLALIAB HOCCUR EACH OCCURRENCE AGGREGATE EXCESS LIM 1-1 CLAIMS -MADE I DED RETENTION I A WORRERSCOMPENSATIONAND 5088714197 11/30/2012 10 31/2013 ���� TORY LIMITT6 X ETH EMPLOYERS' LIABILITY YJN workers Cn111p2115dti G11 E.L. EACH ACCIDENT $1,000,000 ANY PROPRIRTORIPARINERIEXEcmWE Y OFHCERMEMBER E%cLUDEDa (Mandator&NH) NIA E.L. DISEASE -EA EMPLOYEE 51,000,000 OESCAIPRON OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 51, 000, 000 . I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (AINMI ACORO 101, Additional Remarks Schedule, B mom apace Ia mgalmd) city of Meridian is an Additional Insured as respect the General and Auto Liability. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED W ACCORDANCE WITH THE POLICY PROVISIONS. City of Meridian AUTHOR17E1) REPRESENTATIVE 33 East RroadWay Avenue Meridian, ID 93642 USA ems' Na ✓GsaVG �iLLW,txl CJ6�iLt2¢ s.19]A ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 26 (2010705) The ACORD name and logo are registered marks of ACORD AGREEMENT FOR PROFESSIONAL SERVICES �elscr THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this421nay of, septembLw—r 2013, 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 Moss Adams LLP, hereinafter referred to as "CONSULTANT", whose business address is 999 Third Avenue. Suite 2800, Seattle, WA 98104. INTRODUCTION Whereas, the City is preparing to replace a utility billing system and has a need for services to prepare a detailed and comprehensive needs and requirement definition, identify software solutions and evaluate vendor responses, and assist with implementation process (the "Project'); and WHEREAS, the Consultant has staff trained, experienced, and competent to perform and has agreed to provide such services; NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings, data, 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. The City shall have the right to receive copies of such work upon request, except for work containing confidential information of persons or entities other than the City. As set forth in Section 20 below, Consultant acknowledges that City may be required by law to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, the Consultant may copyright the same, except that, as to any Page 1 of 15 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. Notwithstanding the foregoing, or anything to the contrary in this Agreement, Consultant shall not be liable (i) for use of the work by the City for purposes other than on the Project, or (ii) for use of the work by any persons or entities other than the City. 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 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. As sole remedy for breach of the forgoing warranty, the City may require Consultant to promptly correct any known or discovered error, omission or other defect in the work at no additional cost or fee to City; provided that the foregoing remedy shall not limit any other claim that might otherwise be available to the City. 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 provided 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 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 $64,680.00 2.2 The Consultant shall provide the City with a monthly statement, as services warrant, of fees earned and costs incurred for services provided during the billing period, which the City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State Income taxes or Social Security Tax from any payment made by City to 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, Page 2 of 16 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. 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, 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 personal injury (including death) or damage to property, to the extent resulting from the negligent performance of this Agreement by the CONSULTANT, its servants, agents, officers, and employees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CITY shall provide CONSULTANT with written notice of such claim and cooperate with CONSULTANT in handling the claim. CONSULTANT shall be entitled to control the defense of the claim with counsel of its own choosing at CONSULTANT's own expense. CONSULTANT shall maintain, and specifically Page 3 of 15 agrees that It will maintain, throughout the term of this Agreement, liability insurance, in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance , in the statutory limits as required by law.. CITY shall be named as additional insured on the General Liability and Automobile Liability insurance. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, to the extent arising out of or resulting from the negligent 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 its 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 City of Meridian Purchasing Manager 33 E Broadway Ave Meridian, ID 83642 208-888-4433 Email: kwatts@meridiancity.org Moss Adams LLP Alin: Greg Damon, Senior Manager 999 Third Avenue, Suite 2800 Seattle, WA 98104 Phone: (206) 302-6500 Email: Greg.Damon@mossadams.com Page 4 of 15 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent Jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. S. 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, and 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. Notwithstanding the foregoing, Consultant may convert paper documents to electronic format for archival purposes and may dispose of the paper documents in a secure manner. 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, Page 5of15 examine, and make excerpts or transcripts from such records, and to make audits of all non -confidential contracts, Invoices, materials, payrolls, 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. Subject to the terms of Section 1.2 above, 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 he 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, in part or in its entirety, 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 thirty (30) days' notice to CITY. In the event of any termination of this Agreement, the City may request, at its option and subject to the terms of Section 1.2 above, copies of all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement, provided that Consultant shall not be liable for use of any unfinished documents, data and other reports. 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 Page 6 of 15 damages due the CITY from CONSULTANT is 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 this Agreement. It has received independent legal advice from its 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. Public Records 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. 21. Confidentiality: Consultant understands and acknowledges that all tests and results(confidential information) are intended solely for the City. Consultant agrees to hold all confidential Information in confidence and will not disclose the confidential information to any person or entity without the express prior written I consent of City. 22. 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. 23. No Third Party Beneficiaries. City and Consultant are the only parties to this Agreement and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right, whether directly, indirectly or otherwise, to third persons. Page 7 of 15 24. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN MOSS AD MS, LLC BY: BY; TAMMY de W MAYOR at'U0.l+CGD n Cl:L vm Approved by ,°e iREA6RR� Att t: JAYCE L HOLMAN, CITY CLERK Purchasing Approval BY: KEIT TTS, Purchasing Manager Dated:: 2 3 3 September 20, 2013 Page 8 of 15 ATTACHMENT A SCOPE OF WORK SCOPE OF WORK City of Meridian, Idaho 83642 Project NO. Contract Specifications for Utility Billing Software Requirements Definition, Software Selection Assistance, and Implementation Assistance Overview The City of Meridian is preparing to replace its Utility Billing System and requires preparation of a detailed definition of requirements for the new system, assistance in reviewing and selecting a new software/vendor, assistance developing a contract with the vendor, and assistance with the new software configuration and deployment. The Utility Billing Department is located in the Finance Department. Other users of the system include the Water Department, the Public Works Engineering Department, the City's contracted solid waste disposal service provider, and the City's contracted lockbox, website, and phone payment provider. Further, the City is desirous of using this opportunity to adopt efficiencies, best practices, and perhaps expand the abilities for the new system. Services Description The following section provides a description of the services to be rendered by Consultant. The methodology for providing these services is included in the work plan following the description of services. Needs and Requirements Assessment - Consultant will gain an understanding of the City's current utility billing processes and operations by reviewing source data, billing and other relevant processes, and reports currently produced. Consultant will identify the gaps between the current data, processing, and reporting capabilities and current and future needs. Consultant will recommend functional, data processing, and reporting requirements that facilitate improvements in current business practices, yield potential efficiency improvements and achieve industry standards where possible. Departments and Stakeholders to be reviewed include; • Finance, Utility Billing and Accounting • Water Department and Water Field Services ® Valli Information Systems, Inc. — lockbox vendor, website maintenance for on-line payments and services, pay by phone service Page 9 of 15 m Public Works — Engineering ® Information Technology • Republic Services - private contractor for solid waste pick-up, billing done through City Utility Billing System. The needs and requirements assessment will be used for the preparation of a set of. discrete requirements that are desired, for both current and future anticipated needs. Technical and Resources Analysis — Consultant will define technical requirements for a new Utility Billing System. Technology will be defined through infrastructure components such as network operating systems, servers, databases, middleware, and business volumes. The technical configurations analysis includes reviewing and analyzing current and anticipated systems (plans), current system processes and how those processes will integrate/interface with applications already in use. Consultant will use resources requirements analysis, both current and anticipated, to determine the expected total cost of ownership and the overall resource requirements for ongoing operation and maintenance of the system. Market/Vendor Research — Consultant will prepare a list of possible utility billing software vendors. The vendors will be prequalified for the specific capabilities required by the City to ensure that only highly probable "best fit" vendors are sent RFPs. The prequalification process will be conducted by the consulting team, and may involve telephone conference calls and exploratory vendor meetings. Request for Proposals (RFP) Development and Response Evaluation — Consultant will assemble pertinent information in a RFP format. Consultant will structure the RFP to facilitate vendor understanding of the City's needs in a manner easily understood by vendors. Items to be included: project background and overview of City Utility Billing operations, requirements delineated by module and classified by priority (mandatory/must have, desirable/nice to have, etc.), additional documentation such as system schematics, workflow diagrams, integration models, data exchanges, and integration diagrams. Consultant will assist project team with proposal evaluation. The evaluation of vendor proposals will include end user, management, and technical perspectives. Consultant will use a spreadsheet tool tailored to the City's needs/scoring criteria to support this process. Vendor Demonstrations — Consultant will develop detailed "scripts" for the City to use during vendor demonstrations. Scripts will be designed to provide a comprehensive review of the system while placing emphasis on the City's critical and high priority processing needs. Page 10 of 15 Due Diligence and Contract Negotiations — Consultant will assist with inquiries made into the references and other background information relative to the leading candidate after the demonstration process is completed. If necessary consultant will assist with site visits conducted by select members of the project team. Consultant will assist with the contract negotiation process including establishing business terms, negotiating terms, documenting additional provisions, and executing the agreement(s). NOTE: The Consultant's review is for the substance (business terms) of the agreement between the parties, and not for the legal form in which it is presented. Consultants are not attorneys and do not present themselves as having legal expertise with respect to the form of the contract. City should review the final negotiated contract with its attorneys for the purpose of advice on the legal form. Consultant will work with the City using the most effective means possible to ensure a sound agreement is in place. Implementation Planning — Consultant will work with the City and the selected software vendor to develop an implementation project plan. In addition to a basic work breakdown structure, planning will address processes for managing costs, changes and compliance with scope, schedule, quality, and risk. The following services will be provided by Consultant but will be defined in greater detail C with respect to scope, roles, and responsibilities once the implementation planning component is completed. As such, it is excluded from the fee payment schedule defined in Attachment B. Project Governance — The level of oversight and monitoring over software implementation will be achieved through already established governance bodies, if they exist at the City. Typically, the primary project governance body will be the Steering Committee. Since the responsibility for project governance is to provide executive level oversight to the project team, those involved assume a key responsibility for measuring project outcomes. As such, Consultant will equip the governing bodies with managerial tools to get the job accomplished with some certainty. These tools include many of the same tools that Project Managers utilize to do their job. Recommended tools include: • Project charter • Project goals and objectives (may be embodied within the project charter) ® Project plans • Ongoing progress reports m Required deliverables (definition) m Contract control and payments Risk assessment Maintenance of the Project Steering Committee from the requirements definition and selection phases will be important to ensure continuity within the oversight roles. This Page 11 of 16 will also help to ensure that overarching goals and objectives of the project will be maintained. In addition, the expected role of Moss Adams personnel will be confirmed. Our personnel can satisfy an array of project functions, from in depth project management to high-level quality assurance and risk management. Options will be discussed with the City and will largely be dependent of the City's resource availability (budget, personnel, and skills). Regardless of whether the City or Moss Adams is performing the central project management role, progress reporting, performance metrics, and other monitoring processes will need to be defined. Key processes that will be required include change control with respect to the project itself, and process reengineering with respect to ongoing business/operational practices. Methodology and Work Plan The following work plan provides a listing of tasks and deliverables associated with accomplishing the body of work described above. Phase 1 - Project Initiation and Ongoing Project Management Initiate the project and define the scope of activities, as well as determine the level of involvement for the entire project. Establish a structured means to manage the project on an ongoing basis, and connect with the City stakeholders. Define plan to bring the project in on-time, and on -budget, and address project objectives through high-quality deliverables. The following tasks will be performed in association with Phase 1: ® Task 1.1 Establish Project, Work Plan, Schedule, and Ongoing Management Activities Task 1.2 Reports on Project Progress ® Task 1.3 Perform Formal Quality Reviews and Assurance The phase will produce the following work products: m Project Work Plan a Ongoing Progress Report Phase 2 — Fact Finding, Requirements Analysis, and Solution Options Once the project has been properly established Consultant will begin gathering data for the purposes of assessing current systems and processes and identifying needs. In this phase there will be a review of the City's current billing systems in use, and walk- through of the associated business processes. Consultant will develop an essential and comprehensive understanding of how the current utility billing system is meeting the City's needs, and identify challenges, redundancies, and "work -around" in the execution of current business processes. The assessment will focus on manageable components, such as infrastructure, database platforms, software, workflow, and reporting functions Page 12 of 15 involved in the processing of information. While some of these tasks are called out separately, they may, nevertheless, be performed in conjunction with one another. The following tasks will be performed in association with Phase 2: e Task 2.1 Obtain and Review Documentation e Task 2.2 Conduct Walk-through of Current Processes • Task 2.3 Conduct Interviews with Key Staff • Task 2.4 Observe and Review Present Systems e Task 2.5 Assess Current Needs and Resource Requirements e Task 2.6 Document Needs, Requirements, and Solution Options e Task 2.7 Discuss with Project Stakeholders The phase will produce the following work product; e Needs Assessment and Technical/Resources Analysis Report Phase 3 - Solution Selection The objective of Phase 3 is the selection of a vendor or vendors to provide the portfolio of software products that, when successfully implemented by the City, will help to meet the strategic vision of the utilities and the utility billing department. Following is the detailed approach that includes a formal RFP process. The following tasks will be performed in association with Phase 3: e Task 3.1 Identify and Prequalify Potential Vendors e Task 3.2 Prepare Request for Proposal (RFP) e Task 3.3 Distribute RFP to Vendors e Task 3.4 Coordinate Vendor Questions e Task 3.5 Evaluate Vendor Responses e Task 3.6 Advise and Consult on Finalist Selection e Task 3.7 Coordinate Vendor Demonstrations e Task 3.8 Check Vendor References e Task 3.9 Conduct Site Visits e Task 3.10 Consult on Final Selection The phase will produce the following work products; e Request for Proposal • Demonstration Scripts • Vendor Comparisons e Reference Checks Page 13 of 15 Phase 4 - Negotiate Vendor Contract Moss Adams will review the contract review and assist with subsequent negotiation is to identify issues and recommend terms that represent a sound and realistic agreement between the parties. This will help ensure that the parties have a comprehensive understanding of their respective roles and responsibilities. The review is for substance (business terms) only and is not a legal review. The following tasks will be performed in association with Phase 4: Q Task 4.1 Review Contract Terms o Task 4.2 Consult with the City Regarding Contract Terms The phase will produce the following work products; ® Negotiated Vendor Contract & Pricing ® Statement of Work Phase 5 — Implementation Planning and Project Governance The full scope of this phase will need to be evaluated and assessed with the City to confirm expected roles and division of responsibilities between the City and consulting resources. The timing, resource needs, and implementation processes are unknown Cuntil such time as the vendor and software system(s) are selected. Consultant will assist the City in the implementation planning and establishment of appropriate project governance processes and tools. The following tasks will be performed in association with Phase 5: ® Task 5.1 Develop Implementation Plan a Task 5.2 Review and Confirm with the City and Vendor A Task 5.3 Confirm Project Oversight Roles and Governance Mechanisms The phase will produce the following work products; ® Draft and Final Implementation Plans Page 14 of 15 ATTACHMENT B MILESTONE/PAYMENT SCHEDULE TASK DESCRIPTION DUE AMOUNT Phase 1 Project Initiation and Ongoing Project Management $12,644 Phase 2 Fact Finding, Requirements Analysis, and Solution Options $18,094 Phase 3 Solution Selection and Due Diligence $17,728 Phase 4 Negotiate Vendor Contract $3,480 Phase 5 Implementation Planning and Project Governance $5,804 Estimated Expenses (with receipts) $6,930 Total $64,680 Page 15 of 15 Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: 6H PROJECT NUMBER: ITEM TITLE: UTILITY BILLING CUSTOMER SERVICES Award of Agreement Renewal for "Utility Billing Customer Services" to Billing Document Specialists for the Not -To -Exceed Amount of $234,600.00 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 C Memo To: Jaycee Holman, City Clerk From: Keith Watts, Purchasing Manager CC: Jacy Jones, Karie Glenn Date: 9/23/13 Re: October 15t City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October Vt City Council Consent Agenda for Council's consideration. Award of Agreement Renewal for "UTILITY BILLING CUSTOMER SERVICES" to Billing Document Specialists for the Not -To -Exceed approved budget amount of $234,600.00. This is the seventh renewal of the original agreement approved by Council August 15, 2006. Recommended Council Action: Approval of Agreement Renewal on a unit price basis for the Not -To -Exceed budget amount of $234,600.00, Thank you for your consideration. 0 Page 1 NDSM RZINGDDCUMENT SPECIALISTS CUSTOMER SERVICE AGREEMENT RENEWAL with City of Meridian THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS, hereafter referred to as BDS, located at 915 Main Street, Suite 300, Caldwell, Idaho 83605, a corporation organized under the laws of the State of Idaho and City of Meridian, hereafter referred to as CLIENT. This agreement shall be subject to the following outlined, terms and conditions: Summary of Services: First Page 0.18 each Includes print, fold & Insert, # 10 Double window & tinted # 9 return envelope Additional Pages 0.13 each Merged like names or names & addresses to save postage up to 7 pages per envelope F 0.21 each merged mailings over 7 pages to flat envelopes Manual fast forwarding 5.50 - 7.50 1 Per Data File UPSP NCOA moved address changes, including update Postaee Ireports and opt out options. Cost depending on file size 1 0.36 each average USPS postage at cost for all mailings Web 0.08 1 per transaction 11 Receive mail, open, scan, post to the web, electronic 11 deposit funds and create import file to A/R 0.01 each 71 Post pdf images of the billing statements to the BDS 10M C DILL/NDD90MfNTSPNIAUSTS 71E:::�— Admin Web site / on line payment site. On line bank check 0.10 per transaction Set up programming with each processor to receive data files of transactions, previously received as paper checks, processor then ACH deposits the fund direct to the Bank. Shredding 10.00 month BDS has all checks and documents shredded per Fregulations. P 0 Box Rental at cost 6 month rental on UPSP P 0 Box for receipt of payments E statements 0.25 each Customer who sign up for E statements, no paper statement is created, email notification sent. Maintenance 90.0-01 month Maintenance for on line web and OTC payment solutions. Processor Fees Nxgen / Authorized.net will invoice the City direct to all processing fees for Credit Cards. Profit Stars / Jack Henry Associates will bill the City direct for all check processing fees. BDS will be the direct customer service link to these processors. "0 5NJ d:' t l ui, lic?5 Bas" HIL IINE DUCUMENTSPECIALISTS LOCKBOX SERVICES: RDS agrees that there are no changes in the lockbox services from the previously dated contracts for the period of this agreement. This agreement is subject to the terms and conditions of the original agreement dated 10/01/2006. By signing below the Client will accept the extension of the set -vices as detailed for the next fiscal year October 1, 2013 to September 30, 2014 at the unit pricing proposed in this notice. At the end of this period, the agreement may be renewed with reviews by both parties. The agreement may be terminated by either party with 120 day written notice. The signatures below indicate acceptance of the agreement. Acceptance for: Acceptance for: City of Meridian Billing Document Specialists Signature F° �bsf Signature Dateg�cav of G Date: 09/04/2013 a Ef IDTAN#-- Please Type or Print Authorizing Pa Wl ame WAN. Tix rn tj k A a vc� SEAL ly f�Oe iPf 95�P�v Inbound Set up with Credit Card Payments N/C N/C IVR Automated phone payments BDS will program a dedicated phone number for Client's customers to call Inbound ( VPS ) to check balances, leave messages and or make credit card payments. This Per call for balances and messaging is a touch and voice activated system. Import files and posting of payment without a Ment transactions $0.25 $0.25 to the Admin Web Site details by customer search and reporting the same as all other payment services. Per call payment transaction $1.50 $1.50 1 Some Client are passing on the per transaction fee to the customers, BDS advised the user that the fee will apply and totals the amount due. The fees are separated from the payments in the import file so that only the amount due is post to the account. LOCKBOX SERVICES: RDS agrees that there are no changes in the lockbox services from the previously dated contracts for the period of this agreement. This agreement is subject to the terms and conditions of the original agreement dated 10/01/2006. By signing below the Client will accept the extension of the set -vices as detailed for the next fiscal year October 1, 2013 to September 30, 2014 at the unit pricing proposed in this notice. At the end of this period, the agreement may be renewed with reviews by both parties. The agreement may be terminated by either party with 120 day written notice. The signatures below indicate acceptance of the agreement. Acceptance for: Acceptance for: City of Meridian Billing Document Specialists Signature F° �bsf Signature Dateg�cav of G Date: 09/04/2013 a Ef IDTAN#-- Please Type or Print Authorizing Pa Wl ame WAN. Tix rn tj k A a vc� SEAL ly f�Oe iPf 95�P�v �s�n'stlmniRA!'^ .. HEM Nu m ppromEff SPf rI Affl n THIS AGREEMENT, made this / s f day of [f)n./o lb e. , 2006, by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho (by and through its Utility Billing Office), hereinafter referred to as "CITY", and Valli Information Systems, Inc doing business as Billing Document Specialists, hereinafter referred to as "BAS", 915 Main Street, Suite 300, Caldwell, Idaho 83605, a corporation organized under the laws of the State of Idaho. PREMISES: 1. Whereas, the City of Meridian provides utility billing services for water, sewer, and garbage services; and, 2. Whereas, the City desires to facilitate the provision of those services by utilizing the professional services of BDS; and, 3. Whereas, the City and BDS have agreed upon the terns and conditions under which BDS will provide timely and accurate billing processing services at a fair and reasonable price. NOW, THEREFORE, the parties hereto agree as follows: 1. Scope of Services: BDS shall perform all services, and comply in all respects, as specified in the document titled "Utility Billing Lockbox Scope of Services" a copy of which is attached hereto as Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 2. Time of Performance: This agreements atl become elective upon execution by both parties, and shall expire on Z 2007 unless earlier terminated or extended. I 3. Indemnification and Insurance: a. Indemnification. BDS shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury I -1 r .: tti 9 ��:V hrS�r. -•. ... a NEW to persons or property and losses and expenses caused or incurred by BPS, its servants, agents, employees, guests, and business invitees, and not caused by or arising out of the tortious conduct of CITY or its employees. b. Insurance. BDS 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 amount as specified in the Idaho Tort Claims Act set forth in Title 6, Chapter 9 of the Idaho Code. 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, BDS 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. Additionally, BDS shall maintain Workers Compensation Insurance, in the statutory limits as required by law. C. Certificate of Insurance. BDS shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing BDS's compliance with the requirements of this paragraph and file such proof of insurance with the City. In the event the insurance minimums are changed, BDS shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Clerk with a copy to Meridian City Accounting, 33 East Idaho, Boise, Idaho 83642. 4. Independent Contractor: In all matters pertaining to this agreement, BDS shall be acting as an independent contractor, and neither BDS nor any officer, employee or agent of BDS will be deemed an employee of CITY. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 5. Compensation: For performing the services specified herein, CITY agrees to pay BDS as described in Exhibit "A." 6. Method of Payment: BDS will invoice the City of Meridian Accounting Department at 33 East Idaho, Meridian, ID 83642 directly for all current amounts earned under this Agreement at the end of each month. The CITY will pay all invoices within thirty (30) days after receipt. Aosom B/1UNBDBCBNfIW SPfC1411STS 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 33 E. Idaho Street Meridian, Idaho 83642 BILLING DOCUMENT SPECIALISTS 915 Main Street, Suite 300 Caldwell, Idaho 83605 Either parry 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. 8. 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' feel 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. 9. 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. 10. Assignment: It is expressly agreed and understood by the parties hereto, that BDS 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. Bosom 110188fiV NEWSPfCIAUSIS 11. Discrimination Prohibited: In performing the Services required herein, BDS shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 12. Reports and Information: At such times and in such forms as the City may require, there shall be furnished to the City such statements, records, reports, data and information as the City may request pertaining to matters covered by this Agreement. 13. 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 BDS's records with respect to all matters covered by this Agreement. BDS 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. 14. 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. 15. Compliance with Laws. In performing the scope of services required hereunder, BDS shall comply with all applicable laws, ordinances, and codes of Federal, Stats, and local governments. 16. 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 BDS's compensation, which are mutually agreed upon by and between the CITY and BDS, shall be incorporated in written amendments to this Agreement. 17. Termination. If, through any cause, BDS, 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, 4 Bios 9/L L lN6 DOCIIMfNI SPfCIAUSTS 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 BDS of such termination and specifying the effective date thereof at least fifteen (IS) days before the effective date of such termination. BDS 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 BDS under this Agreement shall, at the option of the CITY, become its property, and BDS shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, BDS shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by BDS, and the City may withhold any payments to BDS for the purposes of set-off until such time as the exact amount of damages due the CITY from BDS is determined. This provision shall survive the termination of this agreement and shall not relieve BDS of its liability to the CITY for damages. 18. Construction and Severability. If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion, 19. 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. lop INy rtrr? pe-: -,ire w�nr :nx Bosom 0/1IlN6 DOCNNEff SPECIALISTS VALLI INFORMATION SYSTEMS, INC dba BILLING DOCUMENT SPECIALISTS CITY OF MERIDIAN Nil .` Orr Attest: ,,.`��' A� BERG, ITY Cf r $ °' R 6 Utility Billing Lockbox Scope of Services Exhibit A 1. Summary of Services A. BDS shall provide lockbox mail collection services, including timely deposits and efficient processing of remittances for the City's utility payments. B. BDS shall provide daily clectrouic transfer, including: a. Transmit a data file transfer to City by 5 pm on each banking day. b. Return all payments and stubs relating to exceptions to the City. C. Payments shall be transferred by electronic file. C. BDS shall collect incoming mail from the Post Office Box in Caldwell specified by City the morning of each banking day. D. BDS shall open envelopes, remove and inspect the enclosures, match check amounts to invoices, batch and process payment with exceptions batched and processed separately, Exceptions shall be scanned and sent back to City and all money shall be deposited to bank in separate deposit. E. BDS shall scan all processed checks and payment coupons, scan all documents, and house them on vendor server. The City of Meridian shall have access to scanned documents via a secure web site and access to deposit slips and the remit report via e-mail by 5 p.m. on the same business day as the pickup of payments. Other non -transaction input documents, deposit slips, unmatched input documents, correspondence etc shall be forwarded to the City by noon of the day following the transmission of the reports. F. BDS shall deposit all receipts daily by 5pm on the same banking day as received, to the bank account specified by the City. If the specified bank has ACH capability, BDS will work with them to transmit deposits electronically. 2. System Specifications for Electronic Transfers A. Capability to transmit data files to City in fixed record length ASCII text format. Transmission deadline shall be no later than 5 pm for the same day's transactions. The City is responsible for notifying BDS if the file is not received. IUtility Billing Lockbox Scope of Services - Page 1 of 4 B. Notify Utility Billing per e-mail by 5 p.m. when files are transmitted and ready for processing by the City. C. Entire transmission process shall take no longer than 1 hour each, per day, including notifications to City. D. There shall be no differentiation between handling of delinquent accounts and regular payments. E. The following are the data requirements for the lockbox vendor for each payment received: a. Utility Billing Account Number b. Dollar amount remitted for this account number C. Date input d. Bill to name e. Identification of any name or address changes ff. Dollar amount of invoice F. Batch Identification. Clearly label each bundle of source documents whether payments or exceptions to identify: a. Unique ID number b. Total dollar amount of each batch c. Total number of items in each batch G. Daily Reports. A daily printed or electronic report showing the following items: a. Utility Billing account number b. Bill to name C. Dollar amount remitted to the corresponding account number d. Batch totals together with batch ID e. Grand total of all accounts remitted balanced to the total of all related invoices f. Any customer notations or comments on the return stub to be returned to the City. H. BDS shall provide proof of redundancy in equipment and personnel and contingency plans to provide uninterrupted service. Mail Processing. Mail shall be retrieved Monday through Friday at 8 am. Saturday mail to be retrieved at Monday pick-up. Holiday mail to be handled on the next business day. Utility Billing Lockbox Scope of Services - Page 2 of 4 J. Staffing. Adequate staff shall be on hand and cross trained to accommodate varying workload for lock box service. Within the 3 divisions that make up Valli Information Systems, Inc., dba BDS there shall be significant number of personnel maintained with experience in bookkeeping and/or accounting. All of these personnel shall be cross - trained in the correct procedures for working with the City of Meridian lockbox project. Necessary staff shall be configured on a daily basis depending upon the volume of mail/receipts received. A 3 -person processing team shall always be involved, as well as a supervisor. This shall provide the necessary personnel to maintain appropriate security at all times. K. Currency and coin control. In the event that cash is received, it shall be posted in a log when the envelope is opened; with a secondary initial signifying that cash amount noted is correct. A copy of the log shall be mailed electronically to City of Meridian along with the deposit slip copies in the afternoon. 3. Payment Processing A. Tbree positions shall be employed by SDS to assure dual control. Position I shall open envelopes and run tapes on checks in multiples of 95- 100. Position II shall be responsible for scanning and posting checks to appropriate customer accounts, assuring that totals on tapes match batch totals. Position III shall prepare deposit slips, assuring balance to tapes and daily batch reports, take deposits to bank, scan bank receipt to be sent with data transfer, and send reports to the City of Meridian. B. The main 3 positions shall be as noted above. If an exception item is found in an existing batch (example: an online payment with an incorrect account number), the item shall be noted on the tape with an `B" and the total on the tape corrected. The documents shall also require initials of the person that pulled the item as an exception item and their supervisor. This will provide a documentation trail and shall preserve the integrity of dual control. Daily balance reports shall be e-mailed prior to 5pm to conform deposit amounts. Deposit slips and bank receipts shall be scanned and e- mailed prior to 5pm. C. Out of balance conditions shall be researched and corrected daily. D. Exception items shall be scanned and deposited as separate batch from routine receipts. Appropriate measures shall be taken to assure that they cannot be posted as normal payment/receipt. Utility Billing Lockbox Scope of Services - Page 3 of 4 E. Other non -transaction input documents, deposit slips, unmatched input documents, correspondence or other related documents shall be forwarded to the City by noon of the day following the transmission of the reports as desired. In the case of an automated equipment or system failure the attached Disaster Contingency Recovery Plan shall be applicable. 5. Quality List and describe internal quality standards including: A. Scanner shall endorse backs of checks with bank name and account number of the City of Meridian. B. All data to be transmitted to City of Meridian prior to 5pm daily C. Check copies and deposit slips will be filed for viewing on secure web site, no transmission is necessary. E-mails of daily reports shall have confirmation receipt requested to assure receipt by City of Meridian. Any information sent by e-mail shall also be sent with a system -generated delivery receipt. D. Scan quality of all documents will be clear and legible. E. BDS shall investigate errors intemally to see what the cause may have been, check processes and documentation and conduct training if needed to prevent future errors. 6. Charees. A. OCR Scan Transaction Fee $0.14 Web Access per statement $0.01 linage CD-ROM (optional) $25.00 PO Box Fees (semi-annually) $65.00 Courier Fees TBD Miscellaneous Copies $.20 B. Lock Box Rental Charge. #4 Post Office box (dimensions 1 Ow x l lh x 14d) at a cost of $65 semi-annually. If day's mail should exceed capacity of box, excess shall be put in tub and held for pick up per notice in PO Box. Utility Billing Lockbox Scope of Services - Page 4 of 4 Bios NI UN8 88C8MEN1SPfCHUSIS BILLING DOCUMENT SPECIALISTS CUSTOMER SERVICE AGREEMENT With City of Meridian THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS, hereafter referred to as BDS, and City of Meridian. hereafter referred to as CLIENT and shall be subject to the following outline, terms and conditions: THE SERVICE E Payments: BDS to provide a link from the Clients web site to a credit or debit card payment site. The Client Is to set up the merchant account and notify their customers that the site is available. BDS will assume no fees or charges for the Merchant Account. BIDS will provide a link on the Client's Web site where the user can signup, matching account number, and name to the Client's data base. The user must have a valid email address for confirmation of password or to replace lost passwords. The user ID will be the account number with personal passwords to assure payments are credited to the correct account. The web site will be updated upon receipt of the City's statement files. The current & past due amounts will show separately on the payment screen when the user opens the account. Once a payment has been processed the data base will update the information on the user's screen. When a new statement file is received by the City the data base will update to the current statement information. The city will have access to the site during the day to review payments submitted that are not necessarily confirmed. To confirm payment acceptance the City will need to access the merchant account site that processes the payments. Bos�r-� siulNsasculfavrspfcitusrs BDS will make every effort to design the site to reduce double posting from the user submitting a payment more than once. Any double payments will be handled by the Client through their merchant account. The City can access a report file of all transactions that will be in a format that will update their receivables at any time. This data base will then be automatically archived and a new report file will be created. The City can review the archived data at any time. E Statements. Using the same sign up link there will be a choice for the users to have their City billings sent via email. When the statements are processed the user will receive an email that their statements are available to view, The email will contain a link that will take them to their a statement which will offer a printable reproduction of the mailed out format. Once they have made the selection BDS will flag those account numbers and when the City submits a new file BDS will tag those so that hard copy statements will not be produced or mailed. This will reduce the City's costs per unit sent via email as they will only be invoiced the unit listed below. TERMS and CONDITIONS The Tech Support group will be available to provide technical assistance to you through the toll free customer service center from 8:OOam to 5:OOpm (mountain time), Monday through Friday on all business days. The Billing Document Specialists service will create the Initial web design and setup for a one time charge of $3000.00. The client will be Involved in the custom design and BDS will make every effort to match all reasonable requests. The user set up and maintenance of the web site and transaction at a monthly charge of $75.00. E Statements will be processed at a unit price of $.25. —1 gigs" 9/LLINSDAWN A7SPEEMISIS The term of this agreement shall be for a period of 6 months from the date of final acceptance of the web design by the city. At the end of this period the agreement may be renewed with review by both parties. The agreement may be terminated by either party with 120 days written notice. The signatures below indicate acceptance of the agreement. Acceptance for: Acceptance for: City of Meridian Billing Document Specialists Please Type or Print Authorizing de we.C,-,�C, 1T. :•pOVAY":'IIS�:I:PR!�.v •�.hr`4':!yiiMLS Bose' Bill /NB DDCDMENT SPfCIA! I STS Billing Document Specialists CUSTOMER SERVICE AGREEMENT THIS AGREEMENT is made by and between BILLING DOCUMENT SPECIALISTS, hereafter referred to as BDS, and • Facility Name: City of Meridian • Facility Address: 33 East Idaho Street • Facility City,State & Zip: Meridian, ID 83642 • Facility Phone Number: 208.888-4438 • Facility Fax Number: 208.887-4893 • Facility Primary Contact Person: JayCee Holman hereafter referred to as CLIENT and shall be subject to the following outline, terms and conditions: THE OUTLINE Your facility goes through the normal patient statement process but instead of directing the patient statement to the local system printer, a text or data file is created and submitted by modem to the Billing Document Specialists Bulletin Board. This bulletin board can be accessed through a toll free phone # or transferred through the Internet. A unique password and account name used by you identifies the facility, your format of choice, and other client -specific details. You can process and submit as many documents as you like and as frequently as you like. When BIDS receives the statement file (text or data) the statement Is produced and mailed within 24 his. Billing Document Specialists prints a first generation laser document on a two-color or four color document Including a payment return envelope, folds and seals the document, and mails them first class, all within one business day. A report Is then produced for each transmission detailing the number of statements processed. This will be returned to the client via fax, or can be retrieved by the client via modem through the Bulletin Board. The whole process requires minimal effort on your part. A better quality statement is produced at a C savings to your facility. No more statement runs, materials management, separating, bursting, folding, stuffing, stamping, and delivery to the post office. I t C Rigs"om U/L UND DDCUNFU SPRIAUSTS TERMS and CONDITIONS The Service group will be available to provide technical assistance to you through the toll free customer service center. Technical assistance is available from 8:00am to 5:00pm (mountain time), Monday through Friday on all business days. The Bulletin Board Center is open 24 hr, a day, 7 days a week and the client can transmit the documents as they desire. We will process your documents on a daily, weekly, bi-weekly, monthly, quarterly, or annual basis. Special handling of individual statements may be requested by the client for a variety of reasons (e.g., pulling a speck statement from a batch). This request may be accommodated as requested at a special pricing to be quoted by BDS at the time of the request. BDS will bill client for services on a per batch run. Client agrees to pay BDS within 10 days of invoicing for services. Any batches transmitted to BDS for processing, while there Is an unpaid delinquent balance, will be held by BDS until account balance has been brought current, unless other arrangements have been made and documented as acceptable between both parties. The Billing Document Specialists will be provided at a contract price of $0.515 per piece to Customer. All additional Images will be charged at a contract price of $0.15 per image. Special Inserts may also be included at prices to be negotiated depending upon quantity and specifications. Optional Services: Manual Large Files: For files exceeding 7 pages the images will be billed cut at $.015 processing plus, $.024 for the large flat envelope plus actual postage. Inserts: Pre printed inserts that the client provides can be inserted at $.01 for Folding and $.01 for stuffing. Provided Inserts must be approved by BDS and delivered to BDS 48 hours before the batch for which they are to be Inserted and will be billed for either or both of the folding and stuffing charges that apply. BDS can custom print the inserts in either full color or BIW on specified paper stock. Pricing will very depending on specifications. .VPPPMPPFWI. 11, *r I'll rvl w.roroIW. LW ARM" ANINORMI NEffSPECIAUSIS After customer has approved the layout and site has gone live with transmissions any programming requests after this point may be billed out at our normal programming rates. This does not Include simple cosmetic or data changes such as phone numbers or addresses. In the event that any information processed on behalf of Client by BDS is not accurate, and such inaccuracy causes the processed data to be unacceptable as a finished product, BDS will re- process such data at no additional charge, and no other liability is Implied. It Is expressly understood and agreed that BDS shall not be liable or responsible for any damages resulting in the delay In the processing of data or resulting from any unacceptable finished product processed by BDS. BDS's liability hereunder shall be limited to the additional cost it incurs in re -process the mishandled data. BDS makes no other warranty expressed or implied for its services hereunder. The term of this agreement shall be one (1) year from the date of its signing. At the and of this period, the agreement may be renewed with reviews by both parties. The agreement may be terminated by either party with 120 day written notice. The signatures below indicate acceptance of the agreement. Acceptance for: City of Meridian OIF J40vYU /-Cad( Attest: William G. Berg, Jr., City'ClerK Acceptance for. Valli Information Systems, Inc. dba Billing Document Specialists /O — /—.z 00(' Meridian City Council Meeting DATE: October 1. 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: KEMIRA WATER SOLUTIONS Approval of Contract Amendment #2 to Extend the Contract for "Poly -Aluminum Chloride" to Kemira Water Solutions for the Not -To -Exceed Amount of $70,000.00 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 Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Tracy Crane Date: 9/26/13 Re: October 1 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 1't City Council Consent Agenda for Council's consideration. Recommended Council Action: Approval of Contract Amendment to Kemira Water Solutions for the Not -To -Exceed amount of $70,000.00. Thank you for your consideration. 0 Page 1 �EI�IDIAN�-- I1�AF10 CITY OF MERIDIAN CONTRACT AMENDMENT No 3 KEMIRA WATER SOLUTIONS POLY -ALUMINUM CHLORIDE SOLUTION CONTRACTOR NAME: DEPARTMENTNAME: Kemira Water Solutions WASTEWATER ADDRESS: ADDRESS: 3211 Clinton Parkway Court 3401 N Ten Mile Rd Lawrence, KS 68047 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract name & Project No. Poly -Aluminum Chloride Solution — W W-12-10317 Amendment Date: 12-4-2012 Previous Amendments:, Current Contract Dates: START: 1.10.2013 COMPLETION: 9-30-2014 Current Contract Amount Inclusive of Previous Amendments to Date: $91,603,92 AMENDMENT OPTIONS AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that Apply) Amendment to Contract Performance X Amendment to Contract Dates X Amendment to Contract Amount Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment): The City of Meridian Is opting to extend this contract for an additional one year. This Is the second year to extend the contract. Kemire will guarantee product pricing at 0.25811b for an additional 12 months. Orders will be placed In 48,000 Ib truckload Increments. See Attached Letter NEW CONTRACT INFORMATION: Amendment Dale: 10.1.2013 New Contract Dates: START: 10-1-2013 COMPLETION: 090.2014 Amount of Amendment Change. $70.000.00 Current Contract Amount In lus ve of Previous Amendments to Date): $161.503.92 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CRY OF MER IAN BY:'— TAK4MY de D, MAYOR Doled:. KEMIRA W UTIONS, INC BY: C( Dated: Council Approval Date: I it Approved by City as to Content A.tlE;t: Crty or J I;= H KEITH S, C SINGP JAYCEE O MAN, CITY CLERK SEAL elf � ��/de f11E\Sl`R I i9 A i -I O CITY OF MERIDIAN CONTRACT AMENDMENT No 3 KEMIRA WATER SOLUTIONS POLY -ALUMINUM CHLORIDE SOLUTION CONTRACTOR NAME: - DEPARTMENTNAME: Kemira Water Solutions WASTEWATER ADDRESS: ADDRESS: 3211 Clinton Parkway Court 3401 N Ten Mlle Rd Lawrence, KS 66047 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract name & Protect No. .Poly -Aluminum Chloride Solation— WW -12-10317 Amendment Date: 12-4-2012 Previous Amendments: 2 Current Contract Dates: START: 1.10-2013 COMPLETION: 9-30.2014 Current Contract Amount Intrusive of Previous Amendments to Data): $ $91,503.92 AMENDMENT OPTIONS AMENDMENT TO EXERCISE OPTION TO RENEW (Check all that Apply) Amendment to Contract Performance _ X Amendment to Contract Dates X Amendment to Contract Amount _ Other: (Explain) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendment): The City of Meridian Is opting to extend this contract for an additional one year. This Is the second year to extend the contract. Kemira will guarantee product pricing at 0.258/lb for an additional 12 months. Orders will be placed in 48,000 Ib truckload Increments. See Attached Letter NEW CONTRACT INFORMATION: Amendment Dale: 10.1.2013 New Contract Dates: START. 10-1-2013 COMPLETION:. 09-30.2014 Amount of Amendment Change: $70.000.00 Current Contract Amount (m 1 s ve of Previous Amendments io Data): 5161.503.92 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF MER IAN BY:' TA MY de C, MAYOR Dated: I c ` 1.-13 Council Approval CITY IO Ail m \J f SEA€. rfxo v 11de 10.E Ar�� KEMIRAW UTIONS,INC BY: Dated: aId tO 13 Approved by City as to Content AGREEMENT FOR SUPPLIES / EQUIPMENT PROCURMENT THIS AGREEMENT FOR EQUIPMENT / SUPPLIES PROCUREMENT is made this f btL of janu�, 201I and entered into by and between the City of Meridian, a municipal orporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Kemira Water Solutions. Inc, hereinafter referred to as "SUPPLIER", whose business address Is 3211 Clinton Parkway Court, Lawrence, KS 66047. INTRODUCTION Whereas, the City has a need for services involving the procurement of POLY -ALUMINUM CHLORIDE SOLUTION; and WHEREAS, the Supplier 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- Equipment/ Supply Specifications & Requirements: 1.1 SUPPLIER shall supply the equipment and/or supplies to the City upon execution of this Agreement and receipt of the City's written notice to proceed, all Items, and comply In all respects, as specified in the document titled "Supply Specifications & Requirements" 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 The Supplier 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 Supplier 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 POLY -ALUMINUM CHLORIDE SOLUTION WW -12-10317 page 1 of 13 or contained in any proposal submitted by the Supplier and any reports or opinions prepared or Issued as part of the work performed by the Supplier under this Agreement, Supplier makes no other warranties, either express or implied, as part of this Agreement. 2. Consideration 2.1 The Supplier shall be compensated on a per pound basis (Not -To - Exceed $32,330.00) as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The Supplier shall provide the City with a detailed monthly statement detailing all deliveries for the month, 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 Supplier under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Supplier. 2.3 Except as expressly provided in this Agreement, Supplier shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including, but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Supplier shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. 3. Term: 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (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 The City reserves the right to extend the Agreement based on the terms and conditions of the Invitation for Sid Document and Specifications for up to three years from the date of expiration, provided such extension is mutually agreeable to both the City -and the Supplier. 3.3 Should Supplier default in the performance of this Agreement or materially breach any of Its provisions, City, at City's option, may terminate this Agreement by giving written notification to Supplier. POLY -ALUMINUM CHLORIDE SOLUTION WW.12-10317 page 2 of 13 3.4 Should City fail to pay Supplier all or any part of the compensation set forth in Attachment B of this Agreement on the date due, Supplier, at the Supplier's option, may terminate this Agreement if the failure is not remedied by the City within thirty (30) days from the date payment is due. 3.5 This Agreement shall terminate automatically on the occurrence of any of the following events: a) Bankruptcy of insolvency of either party; b) Sale of Supplier's business; or c) Death of Supplier 4. Termination: 4.1 If, through any cause, SUPPLIER, its officers, employees, or agents fails to fulfill In a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of 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 SUPPLIER of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. SUPPLIER may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. 4.2 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by SUPPLIER under this Agreement shall, at the option of the CITY, become its property, and SUPPLIER shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. 4.3 Notwithstanding the above, SUPPLIER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by SUPPLIER, and the CITY may withhold any payments to SUPPLIER for the purposes of set-off until such time as the exact amount of damages due the CITY from SUPPLIER is determined. This provision shall survive the termination of this agreement and shall not relieve SUPPLIER of its liability to the CITY for damages. 5. Independent Supplier: 5.1 In all matters pertaining to this agreement, SUPPLIER shall be acting as an independent supplier, and neither SUPPLIER nor any officer, employee or agent of SUPPLIER will be deemed an employee of CITY. Except as expressly provided in Attachment A, Supplier has no authority POLY -ALUMINUM CHLORIDE SOLUTION WW -12-10317 page 3 o 13 or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY In the performance of this agreement shall be made by the CITY. 5.2 Supplier, Its agents, officers, and employees are and at all times during the term of this Agreement shall represent and conduct themselves as independent suppliers and not as employees of the City. 53 Supplier shall determine the method, details and means of performing the work and services to be provided by Supplier under this Agreement. Supplier shall be responsible to City only for the 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 Supplier in fulfillment of this Agreement. If In the performance of this Agreement any third persons are employed by Supplier, such persons shall be entirely and exclusively under the direction and supervision and control of the Supplier. 6. Indemnification and Insurance: 6.1 SUPPLIER 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 SUPPLIER, its servants, agents, officers, employees, guests, and business Invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. SUPPLIER shall maintain, and specifically agrees that It will maintain, throughout the term of this Agreement, liability Insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per Incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident or occurrence and Workers' Compensation Insurance, in the statutory limits as required by law.. The limits of insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and If CITY becomes liable for an amount in excess of the Insurance limits, herein provided, SUPPLIER covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, Including litigation costs and attomeye fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Supplier or POLY -ALUMINUM CHLORIDE SOLUTION WW -12.10317 page 4 of 13 Supplier'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. SUPPLIER shall provide CITY with a Certificate of Insurance, or other proof of Insurance evidencing SUPPLIER'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Supplier begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, SUPPLIER shall immediately submit proof of compliance with the changed limits. Evidence of all Insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, 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 Supplier shall provide a bond, cash or letter of credit guaranteeing payment of losses and related Investigations, claim administration and defense expenses. 6.3 To the extent of the indemnity in this contract, Supplier's 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 Supplier's Insurance and shall not contribute with Supplier's insurance except as to the extent of City's negligence. 6.4 The Supplier's Insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 6.5 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 Supplier and Supplier's agents, representatives, employees or subcontractors. 7. 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 malled in the United States mail, certified, return receipt requested, addressed as follows: POLY -ALUMINUM CHLORIDE SOLUTION WW -12-10317 page 5 of 13 City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Kemira Water Solutions, ]ng Attn: Christina Addington 3211 Clinton Parkway Court Lawrence, KS 66047 1-800-879-6353 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. 9. 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. 10. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition 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. 11. Assignment: It is expressly agreed and understood by the parties hereto, that SUPPLIER shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 12. Discrimination Prohibited: In performing the Work required herein, SUPPLIER shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 13. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and POLY -ALUMINUM CHLORIDE SOLUTION WW -12-10317 page 6 of 13 information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Supplier shall maintain all writings, documents and records prepared or compiled In connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 14. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of SUPPLIER'S records with respect to all matters covered by this Agreement. SUPPLIER shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, Invoices, materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 15. Publication, Reproduction and Use of Material: No material produced in whole or In part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 16. Compliance with Laws: In performing the scope of work required hereunder, SUPPLIER shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 17. Quantities: The quantity listed in Exhibit A are estimates only, based upon current known requirements, and nota guarantee to purchase and are subject to Increase or decrease within the contract period. Any Increase or decrease will be governed by the same terms and conditions of this Agreement. 18. Construction and Severability: If any part of this Agreement Is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 19. Waiver of Default: Waiver of default by either party to this Agreement shall not be deemed to be waiver of any subsequent default. Waiver or breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach, and shall not be construed to POLY -ALUMINUM CHLORIDE SOLUTION WW -12-10317 page 7 of 13 be a modification of the terms of this Agreement unless this Agreement is modified as provided above. 20. Advice of Attorney: Each party warrants and represents that In executing this Agreement. It has received independent legal advice from its attorney's or the opportunity to seek such advice. 21. 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. 22. Order of Precedence: The order or precedence shall be this contract agreement, the Invitation for Bid document, and successful bid document. 23. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 24. Public Records: Pursuant to Idaho Code Section 9-335, at seq., information or documents received from the Supplier may be open to public inspection and copying unless exempt from disclosure. The Supplier 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 Supplier 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 Supplier's failure to designate individual documents as exempt. The Supplier'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. 25. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. POLY -ALUMINUM CHLORIDE SOLUTION WW -12-10317 page 8 of 13 CITY OF MERIDIAN M Dai Attest: CLERK Purchasing Approval BY: —"e,o / �'e, KEITH ATTS P RG SING MANAGER Dated: /Z .9b Z_ Approved as to Form CITY ATTORNEY SEAL. KEMIRA WATER SOLUTIONS, INC Department Approval BY: 04��,,f�z NAME: Rirnera bees TITLE: -Ne adv 'P1N Myeck+y _ Dated: I (q 12o l2 POLY -ALUMINUM CHLORIDE SOLUTION WW -12-10317 page 9 of 13 Attachment A Supply Specifications & Requirements The City of Meridian, referred to herein as the City, has agreed to purchase a one-year a one-year supply of Polyaluminum Chloride (PAX XL14) solution that will be used for the specific purpose of limiting the growth of Microthrix Parvecella, a nuisance organism that Is common to the activated sludge process. The PAX 14 solution furnished shall meet the specified terms and conditions herein: Product Name: Polyaluminum Chloride Solution Chemical Family: Polynuclear inorganic Salt Formula: At2(OH)Pt1 x 0<x>6 Synonym: Poly(aluminum hydroxy)chloride; Aluminum chlorohydrate; PAX -10; PAX -11; PAX - 14; PAX -i8; PAX- 28; PAX -29; PAX-XL8; PAX-XL9; PAX-XL19; PAX -XL30; PAX-XL30A; PAX- XL300; PAX-XL31; PAX-XL31A; PAX-XL31C; PAX-XL35D; PAX-XL36, PAX-XL37;PAX-XL37A; PAX-XL37C; PAX-XL39; PAX-XL39A; PAX-XL39C; PAX-XL50; PAX-XL52; PAX-XL54; PAX- XL60; - MSPS Code: PAX Acceptable Product Uses: Water treatment chemical COMPOSITION / INFORMATION ON INGREDIENTS Component CAS Number# Concentration Polyaluminum chloride 1327-41-9 8-24% WHMIS Classification: CLASS E OSHA Classification: Physical: Corrosive Health; Corrosive PHYSICAL AND CHEMICAL PROPERTIES A GIH TWA 2 mg/m (as Al) Appearance: Clear amber or colorless Odor: Pungent chlorine -like odor Form: Liquid pH as Is: 0.5-4.4 Vapor Pressure (mm ca. 18 mm Hg at 20 C Boiling Point: 100 —110 *C Specific Gravity): 1,15 —1.40 @ 25 0C Solubility (water): soluble Vapor Density (Afr=1): 113 Percent Volatile by Vol.: N/A Freezing Point: -20 to -5 00 POLY -ALUMINUM CHLORIDE SOLUTION WW -12-10317 page 10 of 13 POLYALUMINUM CHLORIDE (PAML14) Performance Regufrements: The Supplier shall demonstrate compliance with the performance requirements herein. The bid shall be based on deliveries of approximately 50,000 lbs contained in approximately 18 containers (totes) of 275 gallons. The expected yearly usage is as follows: • 106,000 lbs • 36 containers (totes) of 275 gallon each The amounts are estimated and may Increase or decrease over the term of the Contract but each delivery shall consist of a quantity of no less than 13 containers (totes) of 275 gallons. The City reserves the right to discontinue the use of Polyaluminum chloride (and associated PAX purchase) and to employ alternate methods of microthrix control. The City reserves the right to conduct lab analysis on each load of Polyaluminum chloride solution delivered to verify the COA. If the chemical delivered does not meet specifications and as a result, causes deterioration to City of Meridian owned equipment, the supplier will be responsible for replacement of said equipment and the labor costs involved with any repairs. By submitting this bid for a one year supply of Polyaluminum chloride solution, the manufacturer acknowledges that it Is able to supply this product, at the same performance quality and manufacturing specifications, at the volume necessary to fulfill the terms/length of the annual contract. The City reserves the right to conduct lab analysis on each load delivered to verify the COA. The Supplier shall submit a certificate of analysis (GOA) with the bid and with each delivery of PAX. The prices in the bid dated 12-8-2011 shall not change for the term of the Contract. The Contract will become effective upon approval by the Mayor and shall continue for a period of one year, unless terminated under terms and conditions set forth in this Agreement. The City reserves the right to extend the Contract based on the terms and conditions of the Invitation for Bid Document (WW -12-10317) and Specifications for up to three years POLY -ALUMINUM CHLORIDE SOLUTION WW -12-10317 page 11 of 13 from the date of expiration, provided such extension is mutually agreeable to both the City and the Supplier. Polyaluminum Chloride shall be delivered (in 275 gallon totes) by the Supplier to the City of Meridian Wastewater Treatment Facility: 3401 N. Ten Mile Road, Meridian, Idaho 83646 All shipping and delivery charges shall be paid by the Supplier and shall be included in the bid price. Deliveries shall be made within 7-10 days of the City's order and shall be made between 8:30 am and 3:30 pm, Monday - Friday, excluding holidays. The Supplier must supply the City with a twenty-four (24) hour emergency phone number in the event of a chemical incident, The Supplier must provide on-site facility assistance if requested and technical support within one (1) hour of notification by the City, if required. POLY -ALUMINUM CHLORIDE SOLUTION WW -12-10317 page 12 of 13 Attachment B PAYMENT SCHEDULE TASK DESCRIPTION AMOUNT l LB A. Kemira PAX 14, per attached Specifications (Attachment A) Price includes shipping, delivery and container return services. 305 Travel expenses, if applicable, will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. POLY -ALUMINUM CHLORIDE SOLUTION WW -12-10317 page 13 of 13 Asstsfugf Secretary's Certificate The undersigned, Shannan $rippner, in lief caMolty as Assistant 3eoY'etaiq of 9erpina•WaterSolutims, Inc., a belaware corporation (the "Company"), hereby oettifios as follows: I. She is the drily qualified, and pleated Assistant Secretary oftlte t'oprpany and is presently setting in that capacity ir.accordance �,uithtbebylaws or the Company. 2. `l;bo resolutions attached Jimrto as BMW A is a •true, coMplete mill correct copy of the molirklona adopted the Companyrs board of dhvectors iintliop1mg.p.owpors.of attoittey for Tammy 1'ergey and Clufstiira Addington to sign bids and Co>?tuts relatea tv stiuh bids, which authdriMi6h &-mains in MI fdlCc And effect. IN WITNESS VM13RSOh, the undersigned has caused this Secretary's Certificate to he executed this 21" day of April, 2010: Icemira Water solutions, Inc, 'title: Assistant _ _ _ 1� ..}.}. .4. ... ..-.t .... ..n. .... ... .. ...... .,.. .. .... � � .. .. Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: VARSITY CONTRACTORS, INC Approval of Contract Amendment No. 3 to Extend the Contract for "Janitorial Services" to Varsity Contractors, Inc. for the Not -To -Exceed Amount of $110,846.64 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 Memo To: Jaycee L. Holman, City Clerk, From: Keith Watts, Purchasing Manager CC: Jacy Jones, Eric Jensen Date: 9/26/13 Re: October 1 City Council Meeting Agenda Item The Purchasing Department respectfully requests that the following item be placed on the October 18t City Council Consent Agenda for Council's consideration. Approval of Contract Amendment to extend the contract for "Janitorial Services" to Varsity Contractors, Inc. in the Not -To -Exceed amount of $110,846.64. Recommended Council Action: Approval of Contract Amendment to Varsity Contractors, Inc. for the Not -To -Exceed amount of $110,846.64. Thank you for your consideration. • Page 1 �E FICITY OF MERIDIAN CONTRACT AMENDMENT No 3 VARSITY CONTRACTORS, INC. for JANITORIAL SERVICES CONTRACTOR NAME: DEPARTMENT NAME: Varsity Contractors, Inc. Public Works ADDRESS: ADDRESS: 2100 South Cole Road 3311. Broadway Boise, ID 83709 Meridian, ID 83642 CURRENT CONTRACT INFORMATION: Contract Name & Protect No. Janitorial Services Preylous Amendment Date: 12-1B-2012 Previous Amendments: .2 Current Contract Dates: START: 10/1/2012 COMPLETION: 9/30/13 Current Contract Amount (Inclusive of Previous Amendments to Date): $ 325.739.16 AMENDMENT OPTIONS AMENDMENT TO EXERCISE OPTION TO RENEW !Check el/ that Aenly) X Amendment to Contract Pedotmance X Amendment to Contract Dates X Amendment to Contract Amount Other: (Eeplaln) DESCRIPTION OF REASON FOR AMENDMENT: (Attach all relevant documentation detailing amendmenl): This Amendment is the third of lour possible one year extensions. The amendment Includes a 4/, price Increase per the Terms & Conditions (Section 3.2) of the Agreement dated September 6, 2010. The Revised Payment Schedule Is attached. The amendment also includes changes to the Parks Maintenance Facility. The revised Task Schedule is attached. NEW CONTRACT INFORMATION: Amendment Dale: .October 1, P013 New Contract Dales: START: _10/1/2013 COMPLETION: -9130 014 Amount of Amendment Change $110.046.64 Current Contract Amount (inclusive of Previous Amendments and Change Orders to Date): $435.929.60 ALL OTHER TERMS AND CONDITIONS OF THE ORIGINAL CONTRACT AND PREVIOUS AMENDMENTS REMAIN UNCHANGED AND IN FULL FORCE AND EFFECT. CITY OF ER IAN BY:-/�� K. TAMMY de 7 RD, MAYOR Dated: I l) — 1-13 , CITY Varsity Contractors, Inc BY: t 1/� CrFt QIL Shawna Antthony, District Operations-Wnager Dated; City of ERTDIAN� ivau�l "F SEAL �' 1. fB 5e TAF Ok A0 v proved by City as to Content REVISED PAYMENTSCHEDULE FY2014 A. Total and complete compensation for this Agreement shall not exceed $110,646.64. TASK DESCRIPTION MONTHLY AMOUNT A. City Hall $6,587.45 $79,049.40 B. Police Station including K9 facility $1,581.94 $18,983.28 C. Water Administration $504.86 $6,058.32 D. Wastewater Administration $274.14 $3,289.68 E. Parks Field Office $60 $720.00 F. Meridian Community Center $228.83 $2,745.96 TOTAL $9,237.22 $110,846.64 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy. REVISED TASK SCHEDULE PARKS FIELD OFFICE 1700 E LANARK ST, MERIDIAN Task Weekly Monthly Quarterly Comments Hard surface floors: ix Machine clean floors and baseboard includes buffing i Strip all ilia and linoleum floors Seml-Annually Apply wax and sealeTs and linoleum floors Semi -Annually y High dusting; Determine which week Dust tops of cabinets 1x frames, ledges and p Window Blinds:Annually Determine which month Wipe blinds with no s buildup cleaner or ultr clean. AGREEMENT FOR INDEPENDENT CONTRACTOR SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 6th day of September, 2010, 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 Idaho Avenue, Meridian, Idaho 83642, and Varsity Contractors. Inc., hereinafter referred to as "CONTRACTOR", whose business address is 2100 South Cole Road, Boise, ID 83709. INTRODUCTION and Whereas, the City has a need for services involving Janitorial Servlces ; 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: TERMS AND CONDITIONS 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 Exhibit "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Contractor, excluding software, 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, nonexclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. 1.3 The Contractor shall provide services and work under this Agreement consistent with the requirements and standards established by JANITORIAL SERVICES AGREEMENT — page 1 of 40 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 provide 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 Lump Sum basis as provided in Exhibit C "Payment Schedule' attached hereto and by reference made a part hereof for a Not -To -Exceed amount of $108,579.72. 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 no receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., Including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, 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. 3. Term: C 3.1 This agreement shall become effective upon execution by both parties, and shall expire upon (a) completion of the agreed upon work, (b) JANITORIAL SERVICES AGREEMENT - page 2 of 40 September 30, 2011 or (c) unless sooner terminated as provided below or unless some other method or time of termination is listed in Exhibit A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or Insolvency of either party, or (b) sale of Contractors business. 3.2 This agreement may be renewed on an annual basis for up to four (4) additional one year periods. Contractor may request a review for a price adjustment no later than 60 day prior to the end of the current contract period. The City reserves the right to either accept or reject any price adjustments submitted by contractor for any contract extension. 3.3 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, if default is not corrected by Contractor within seven (7) days, by giving written notification to Contractor. 3.4 Should City fail to pay Contractor all or any par of the compensation set forth in Exhibit C of this Agreement on the date due, Contractor, at the Contractor's option, may terminate this Agreement if the failure is not remedled by the City within thirty (30) days from the date payment is due. 3.5 This Agreement shall terminate automatically on the occurrence of any of the following events: Bankruptcy of insolvency of either party; b. Sale of Contractor's business; or C. Death of Contractor 4. Termination: 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 thirty (30) days before the effective date of such termination. CONTRACTOR may terminate this agreement at any time by giving at least forty-five (45) days notice to C CITY. JANITORIAL SERVICES AGREEMENT — page 3 of 40 In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONTRACTOR under this Agreement shall, at the option of the CITY, become its property, and CONTRACTOR shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONTRACTOR shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONTRACTOR, and the CITY may withhold any payments to CONTRACTOR for the purposes of set-off until such time as the exact amount of damages due the CITY from CONTRACTOR is determined. This provision shall survive the termination of this agreement and shall not relieve CONTRACTOR of Its liability to the CITY for damages. 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 Exhibit A, Contractor has no authority or responsibility to exercise any rights or power vested in the City and therefore has no authority to bind or incur any obligation on behalf of the City. The selection and designation of the personnel of the CITY In the performance of this agreement shall be made by the CITY. 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: 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 JANITORIAL SERVICES AGREEMENT — page 4 of 40 CONTRACTOR, 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. CONTRACTOR shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follow: General Liability One Million Dollars ($1,000,000) per incident or occurrence, Automobile Liability Insurance One Million Dollars ($1,000,000) per incident oroccurrence 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 Idaho 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. 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. 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. JANITORIAL SERVICES AGREEMENT— page 5 of 40 6.4 All insurance coverages for subcontractors shall be subject to all of the insurance and indemnity requirements stated herein. 6.5 The limits of insurance described herein shall not limit the liability of the Contractor and Contractor's agents, representatives, employees or subcontractors. 7, 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. Idaho Avenue Meridian, Idaho 83642 Varsity Contractors, Inc. Attn: Dwayne Gray 2100 South Cole Road Boise, ID 83709 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. 8. 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. 9. 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, 10. Assignment: It is expressly agreed and understood by the parties hereto, that CONTRACTOR shall not have the right to assign, transfer, r hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. JANITORIAL SERVICES AGREEMENT - page 6 of 40 11. 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. 12. Reports and Information: 13.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 13.2 Contractor shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 13. 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. 14. 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. 15. 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. 16. Changes: The CITY may, from time to time, request changes in the Scope of Work to be performed hereunder. Such changes, including any Increase or decrease in the amount of CONTRACTOR'S compensation, which are mutually agreed upon by and between the CITY and CONTRACTOR, shall be incorporated in written amendments which shall ( be executed with the same formalities as this Agreement. JANITORIAL SERVICES AGREEMENT — page 7 of 40 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. 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. 19. 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. 20. Order of Precedence: The order or precedence shall be this Agreement, the Request for Proposal document, then Varsity Contractors, Inc. response to the RFP. 21. 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. 22. 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. 23. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. CITY OF MERIDIAN VARSITY CONRTRACTORS, INC. BY: TAMMY a ESRD, MAYOR BY: Dwayne Gray JANITORIAL SERVICES AGREEMENT - page 8 of 40 Approved as to Content Approved as to Form DEPUTY CITY ATTORNEY Building Maint. Division Approval BY�Z * NAME: John McCormick TITLE: PW Business Operations Mar. Dated: 913 f" JANITORIAL SERVICES AGREEMENT— page 9 of 40 Exhibit A SCOPE OF WORK Varsity Contractors Inc. (contractor) shall be responsible for cleaning all facilities listed below, per the Scope of Work in the RFP and to the standard described in the following "Cleaning Standards". The "Cleaning Standards" shall be the guiding document used to determine cleaning satisfaction and compliance with this agreement. The City of Meridian Building Maintenance Technician will use this document to determine if satisfactory cleaning service has occurred and request correcting action if not. The "Minimum Cleaning Schedule" section attached hereto are minimum services provided regardless of the Technicians findings. Contractor shall supply all chemicals and obtain the City's approval prior to their use. Contractor will be responsible for managing all janitorial paper products for all facilities. Contractor will set minimum and maximum quantities, keep Inventories between these levels and place orders through the Technician when needed. The Technician will place and receive and all orders. Contractor shall attend a monthly quality inspection walk through with the Manger to verify all standards are being met and to point out deficiencies. Locations to be cleaned are listed below. BUILDING TITLE I LOCATION SQUARE FOOTAGE City Mall 133 East Broadway, Meridian 85 633 Police Station 1401 E. Watertower, Meridian 30,000 Water Administration 2235 NW 8 St., Meridian 10,635 Wastewater Admin 3401 N. Ten Mile Meridian 4,490 Parks Field Office 11 West Bower, Meridian 3,360 Meridian Community Center 201 E. Idaho, Meridian 4,200 Figures are approximate. JANITORIAL SERVICES AGREEMENT — page 10 of 40 Cleaning Standards The following cleaning standards shall be used on a daily basis and during the quality assurance inspection process to assess the quality of cleaning. A. Entrances Mats and carpet shall be free of spots, stains, gum, dirt and debris without causing damage. They shall appear visibly and uniformly clean. Adjoining walls, doors and floor surfaces shall also be free of dust, soil and cleaner residue. 2. Glass and metal surfaces shall appear streak free, film -free and uniformly clean. This Includes the elimination of dust and soil from sills, ledges and heat registers. 3. Corners and thresholds shall be free of dust, cobwebs, dried -soil, crud, finish build-up and debris. These areas shall appear visibly and uniformly clean. This includes the elimination of cleaner residue and dried -slurry. 4. Floors and cove bases shall be free of dust, cobwebs, dried -soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip - resistant seal and finish applied that result in a consistent high -shine, unless otherwise directed by CITY. Floors shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. 5. Walls and fixtures shall be free of dust, cobwebs, dried -soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. Wails behind waste/trash cans need to be cleaned. B. Elevators Tracks shall be free of dirt and debris. Tracks shall appear visibly clean. This includes the elimination of standing water from wet cleaning procedures. 2. Walls and doors shall be free of dust, cobwebs, soil, spots and stains without causing damage. They shall appear streak -free, film -free and uniformly clean. Bright metal surfaces shall be polished to a high -shine. This includes the elimination of polish residue and/or film. 3. Floors, carpet and cove bases shall be free of dust, cobwebs, dried soil, soil, gum, spots, stains and other debris. Hard/resilient floors shall have multiple coats of a slip resistant seal and finish applied that result in a consistent high -shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visiblyand uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. JANITORIAL SERVICES AGREEMENT — page 11 of 40 C. Corridors 1, Floors and cove bases shall be free of dust, cobwebs, dried-soll, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip - resistant seal and finish applied that result in a consistent high -shine, unless otherwise directed by CITY. Floors shall appear visibly and uniformly smooth. and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. 2. Wails and fixtures shall be free of dust, cobwebs, dried -soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 3. Glass and metal surfaces shall appear streak -free, film -free and uniformly clean. This includes the elimination of dust and soil from sills, ledges and heat registers. 4. Water fountains shall be free of dust, cobwebs, soil, scale and water spots without causing damage. Bright work shall be disinfected and polished to a streak -free shine. Water fountains shall appear visibly and uniformly clean. This includes the elimination of flim and cleaner residue. D. Stairwells 1. Rails and walls shall be free of dust, cobwebs, dried -soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This included the elimination of film, streaks, lint, standing water, cleaner residue or film. 2. Steps and landings shall be free of dust, cobwebs, dried soil, gum, stains and debris. This includes risers and cove bases. These surfaces shall appear uniformly smooth and clean without leaving dust streaks, lint, standing water, cleaner residue or film. E. Restrooms Special Note, Maintaining a sanitary restroom environment that minimizes the possibilityof cross -infection is considered of the highest priority by CITY. Sanitation levels shall be closely monitored by inspection, and approved testing methods. 1. Dispensers shall be free of dust, dried -soil, bacteria and soil without causing damage. These surfaces shall appear visibly and uniformly clean and disinfected. This Includes the elimination of film, streaks and cleaner residue. Dispensers shall be refilled when required with proper expendable supply Item. 2. Hardware shall be free of dust, soil, bacteria and scale without causing damage. Bright work shall appear Visibly and uniformly clean, disinfected and JANITORIAL SERVICES AGREEMENT — page 12 of 40 polished to a streak -free shine. This includes the elimination of polish residue. 3. Sinks shall be free of dust, bacteria, soil, cleaner residue and soap film Without causing damage. They shall appear visibly and uniformly clean, and polished -dry. This Includes the elimination of streaks, embedded soil, film and water spots. 4. Mirrors shall be free of dust and soil. Mirrors and surrounding metal framework shall appear streak -free, film -free and uniformly clean. 5. Toilets, toilet seats and urinals shall be free of dust, cobwebs, bacteria, soil, organic matter, cleaner residue and scale without causing damage. These fixtures shall appearvisibly and unlfonnly clean, disinfected and polished -dry. This includes the elimination of streaks, film and water spots. 8. Partitions and ledges shall be free of dust, cobwebs, soil and graffiti without causing damage. Partitions shall appear visibly and uniformly clean, disinfected and polished -dry. This includes the elimination of streaks and film 7. Waste containers shall have contents removed and can liners replaced. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This Includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 8. Walls and doors shall be free of dust, cobwebs, soil, spots and stains without causing damage. These surfaces shall appear visibly and uniformly clean/disinfected. This included the elimination of film, streaks and cleaner residue. Ceramic walls, wainscots, metal kick plates, handles and push plates on doors shall also be polished -dry. 9. Floors and baseboards shall be free of dust, cobwebs, soil, gum, stains and debris. Floors shall have multiple coats of a slip -resistant seal/finish applied that results In a consistent high -shine, unless otherwise directed by CITY. Floors and cove bases shall appear visibly and uniformly clean and disinfected. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. 10.Air vents shall be free of dust, cobwebs, and soil. This also pertains to air distribution units and exhaust vents. They shall appear visibly and uniformly clean. 11. Light fixtures shall be damage. Diffusers shall and uniformly clean, free of dust, cobwebs, and soil without causing remain in proper position, and appear streak -free JANITORIAL SERVICES AGREEMENT — page 13 of 40 F. Common Areas and Copier Areas 1. Counters and equipment shall be free of dust, cobwebs, dried -soil and soil without causing damage. They shall appear visibly and uniformly clean. This includes the elimination of cleaner residue, streaks and film. 2. Walls and doors shall be free of dust, cobwebs, dried-soll and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 3. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformlyclean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 4. Floors, carpet and baseboards shall be free of dust, cobwebs, dried -soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip -resistant seal and finish applied that result in a consistent high - shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This Included the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. G. Offices/Cubicles Common area furniture and equipment shall be free of dust, cobwebs, dried - soil and soil without causing damage. They shall appear visibly and uniformly clean. This includes the elimination of cleaner residue, streaks and film, Individual office desks and work surfaces will be cleaned by CITY of Meridian employee. 2. Lamps shall be free of dust, cobwebs, dried -soil and soil without causing damage. Lamps shall appear visibly and uniformly clean. This includes the elimination of streaks, cleaner residue and film. 3. Walls and doors shall be free of dust, cobwebs, dried -soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 4. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. This Includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. JANITORIAL SERVICES AGREEMENT FY 10-11 — page 14 of 40 5. Partitions and ledges shall be free of dust, cobwebs, soil and graffitl without causing damage. Partitions shall appear visibly and uniformly clean. This includes the elimination of streaks, film and cleaner residue. 6. Floors, carpet and baseboards shall be free of dust, cobwebs, dried -soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip -resistant seal and finish applied that result in a consistent high - shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. H. Kitchens/Breakrooms 1. Cabinets, refrigerator and microwave exterior tops, sides and front shall be cleaned and free of dust, soil, cleaner residue and soap film. Sinks and fixtures shall be clean and sanitized. 2. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected. Containers shall appear visibly and uniformly clean. CThis includes the elimination of streaks, foodstuff and the presence of any offensive odor emitting from the container. Walls adjoining waste container require special attention and need to be kept clean. 3. Floors and Baseboards shall be free of dust, cobwebs, soil, gum, stains and debris, Floors shall have multiple coats of a slip -resistant seal/finish applied that results In a consistent high -shine, unless otherwise directed by CITY. Floors and cove bases shall appear visibly and uniformly clean and disinfected. This Included the elimination of dust streaks, lint, standing water, cleaner residue and film. 4, Walls and fixtures shall be free of dust, cobwebs, dried -soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. I. Conference Rooms 1. Walls and doors shall be free of dust, cobwebs, dried-soll and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This Includes the elimination of film, streaks and cleaner residue. 2. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be JANITORIAL SERVICES AGREEMENT FY 10-11 — page 15 of 40 cleaned and disinfected_ Containers shall appearvisibly and uniformly clean. This includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 3. Tables and chairs shall be free of dust and soil. These surfaces shall appear visibly and uniformly clean and free of all finger prints. 4. Floors, carpet and baseboards shall be free of dust, cobwebs, dried -soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip -resistant seal and finish applied that result in a consistent high - shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. J. Reception Areas 1. Walls and doors shall be free of dust, cobwebs, dried -soil and soil without causing damage. These surfaces shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 2. Waste container contents shall be removed from waste containers and can liners replaced, as required. Inside and outside of the container shall be cleaned and disinfected, Containers shall appear visibly and uniformly clean. This Includes the elimination of streaks, foodstuff and the presence of an offensive odor emitting from the container. 3. Tables and chairs shall be free of dust and soil. These surfaces shall appear visibly and uniformly clean. Tables are to be wiped clean and dried spot free. 4. Floors, carpet and baseboards shall be free of dust, cobwebs, dried -soil, soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip -resistant seal and finish applied that result in a consistent high - shine, unless otherwise directed by CITY. Floors, carpet and cove bases shall appear visibly and uniformly smooth and clean. Chairs shall be moved occasionally to vacuum underneath. This includes the elimination of dust streaks, lint, standing water, cleaner residue, embedded soil and foreign objects. K. Miscellaneous Air vents shall be free of dust, cobwebs, and soil. This also applies to air distribution units and exhaust vents. They shall appear visibly and uniformly clean, JANITORIAL SERVICES AGREEMENT FY 10-11 — page 16 of 40 2. Light fixtures shall be free of dust, cobwebs, and soil without causing damage. Diffusers shall remain in proper position, and appear streak -free and uniformly clean. 3. Ceilings shall have all cobwebs removed_ 4. Microwave interior and refrigerator Interior shall be defined as additional services for an additional fee. L. Janitor Closets and Storeroom Shelves - Shall be free of dust, cobwebs, dried -soil and soil. They shall appear visibly and uniformly clean. Supplies and equipment shall be stocked/organized, neatly on shelves. 2. Janitor carts shall be free of dust, cobwebs, dried -soil and soil. They shall appear visibly and uniformly clean. Supplies and equipment stored on janitor carts shall also be free of dust and soil, and organized, neatly, 3. Walls shall be free of dust, cobwebs, dried -soil and soil without causing damage. They shall appear visibly and uniformly clean. This includes the elimination of film, streaks and cleaner residue. 4. Utility sinks shall be free of dust, cobwebs, soil, cleaner residue and soap film. Utility sinks shall appear visibly and uniformly clean. This Includes the elimination of streaks, embedded soil, film and water spots. 5. Bright work shall be cleaned, de -scaled and polished. 6. Floors shall be free of dust, dried -soil, gum, spots, stains and debris. Hard/resilient floors shall have multiple coats of a slip -resistant seal and finish applied that result in a consistent high -shine, unless otherwise directed by CITY. Floors shall appear visibly and uniformly smooth and clean. This includes the elimination of dust streaks, lint, standing water, cleaner residue and film. M. Trash Removal/Trash Containers 1. Waste removal shall be to containers designated by CITY. and shall be deposited in such a manner that contents will not fly around causing a mess or nuisance. 2. Waste containers shall be fitted with a liner, JANITORIAL SERVICES AGREEMENT FY 10-11 — page 17 of 40 Exhibit B Task Frequency Sheets Contact: Eric Jensen Phone: (208) 489-0374 Fax; JANITORIAL SERVICES AGREEMENT FY 10-11 — page 18 of 40 Internal Stairwells and Main Halls from all Entry Doors, all Stairwell Doors, & Elevators Task -Weekly Monthly Quarterly Comments Carpet Areas & Floor Mats; 5x Thoroughly vacuum using beater bar/brush type vacuum, out minimum 40 feet. Hard surface floors: 5x Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no-bulldup Deaner Hard surface floors; Ix This includes all hard Scrub end buff surface floors in cityhail Annually Strip all the and linoleum floors Apply wax and sealer to all tile Annually and linoleum floors Elevator Cars Task Weekly Monthl Quarter) Comments Floor: Tile 5x Vacuum loose dirt & debris, then remove stalns/spills with non -tracking, no -buildup cleaner Walls: Wipe down with 5x appropriate streak free cleaner JANITORIAL SERVICES AGREEMENT FY 10-11 — page 18 of 40 JANITORIAL SERVICES AGREEMENT FY 10-11 W page 19 of 40 EleVator control panel: 5x ...... . (Inside and outside elevator) Wipe clean with appropriate sanitizin cleaner. Door Threshold: (all floors) Vacuum, then wipe clean with Sx appropriate no -buildup metal cleaner. All Occu led Office Spaces — All floors Task Weekly Monthly Quarterly Comments Trash: 5x Empty (new can liner if needed Floors: Vacuum entire office 5x area (individual offices, halls, co ier room etc Dust: Top of all furniture, 1x equipment, counters, picture frames etc Recycle Sins: ErnRyrecycle ix bins In each cubicle and office Art Galla — 3rd Floor Task Weekly_Monthly Quarterly Comments Trash: Sx Empty (new can liner If needed Floors: Vacuum entire gallery 5x area Dust: Top of all furniture, 1x equipment, counters, picture frames etc All Building Entrances and Basement Elevator Approaches Task I Weekly [Monthly Quarterly Comments JANITORIAL SERVICES AGREEMENT FY 10-11 W page 19 of 40 PlrashPeoe facl96 1z Vacuum steps and landing 5x area, Vacuum floor mals with beater bar/brush. Hard surface floors, vacuum 5x then remove spills/stains with non-bulldup cleaner. Spray buff monthly 1 Clean doors and glass, Clean 5x and sanitize door handles Kitchen and Break Areas Task Weekly Monthly Quarterly Comments Clean and sanitize counters and table tops 5x Clean sinks and fixtures 5x Clean lop and front of 5x Not required to clean Inside refrigerators and microwave of appliances. ovens Floors: Hard surface treat as 5x See Internal Stairwells above carpet vacuum daily above. Towel Dispensers: Check 5x daily and refill as needed General Cleaning of Offices, Cubes, Conferences, Common Areas, Reception Areas and Copy Rooms Task Weekly Monthly Quarterly Comments See hall and entrance Vacuum low traffic halls, entire 1x requirements above. offices and entire conference Backpack vacuuming In room these areas are exactable Mechanical Agitation of halls, 1x entire offices and entire conference roams Empty wastebaskets (new 5x liners as needed JANITORIAL SERVICES AGREEMENT FY 10-11 — Page 20 of 40 JANITORIAL SERVICES AGREEMENT FY 10-11 - page 21 of 40 Damp wipe and dry counters 5x Clean and sanitize drinking 5x fountains Doors: Clean and sanitize 5x handles both sides Doors: Clean glass, both 5x sides High dusting: 1x Window ledges Vacuum or clean vents and 1x Determine which week grills (low and high) Including ceiling Dust tops of cabinets, pictures 1x Determine which week frames, ledges and partitions Spot clean walls, partitions 5x Window Blinds: Determine which week Dust 1x Wipe blinds with no streak, no Annually Determine which month buildup cleaner or ultra sonic clean. Spot clean all other doors and 5x Check daily, clean as light switches needed Polish or clean kick plates and 1x handralls Carpet: 5x Any stain smaller than the Remove all spots/stains on 1 size of a dinner plate This carpet. L Includes any gum on carpet. Restroom Cleaning (all floors, including showers In basement) Task Weekly Monthly Quarterly Comments Empty trash and waste 5x containers Refill all dispensers 5x (paper, soap, etc. Change air fresheners 2x JANITORIAL SERVICES AGREEMENT FY 10-11 - page 21 of 40 C Basement (Occupied Office Space) Empty trash, new liners as 1 x needed Clean mirrors and bright work 5x 1x Clean and sanitize toilets and urinals, sinks, counters and partitions 5x stains/spills with no -buildup Clean furnishings (shelving, dis ensers, etc 5x cleaner Thorough cleaning & sanitation of SHOWER walls and floors. 5x Dust flat surfaces Spot clean walls Sx 1x Rinse and sanitize all the and linoleum floors Sx Pour water into floor drain 5x Clean and sanitize door handles and plates Sx Machine clean floors and baseboard includes buffing 1 x 1 week of month Perform hl -low dusting 1x Basement (Occupied Office Space) Empty trash, new liners as 1 x needed Vacuum floor, remove 1x stains/spills with no -buildup cleaner Dust flat surfaces 1x Basement (Workout Area) Empty trash, new liners as 1x needed \ JANITORIAL SERVICES AGREEMENT FY 10-11 — page 22 of 40 Vacuum floor, remove 1x Monthly Quarterly comments stains/splits with no-bulldup sx 2 hours daily, between cleaner hours of 12:00 p.m. and Dust flat surfaces 2:00 p.m. 1x Wipe down equipment 1 x DAY PORTER DUTIES — CITY HALL LOCATION Task Weekly Monthly Quarterly comments Windows, breakroom , paper sx 2 hours daily, between towels, and restrooms hours of 12:00 p.m. and 2:00 p.m. Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all except designated lights. \ o All trash Is to be placed in the City Hall dumpster located on the south side of the building o Cleaning supervisor to inspect prior to leaving work JANITORIAL SERVICES AGREEMENT FY 10-11 — page 23 of 40 Task Frequency Sheets Task WeeklyMonth) Quarter) Comments Carpet Areas & Floor Mats: 6x Thoroughly vacuum using beater bar/brush a vacuum, Hard surface floors: Vacuum loose dirt & debris, 5x then remove stains/spills with non -tracking, no -buildup cleaner Strip all :fifeand linoleum floors Annually Apply wax and sealer to all tile and linoleum floors Annually Hard surface floors: Scrub and buff 1x Vacuum low traffic halls, entire 5x offices and entire conference room Empty wastebaskets (new 6x liners as needed) Damp wipe and dry counters 5x Clean and sanitize drinking 5x fountains Doors: Clean and sanitize 6x handles both sides Doors: Clean glass, both Sx sides High dusting: 5x Window ledges Vacuum or clean vents and 1x Determine which week grills (low and high) including ceiling JANITORIAL SERVICES AGREEMENT FY 10-11 — page 24 of 40 JANITORIAL SERVICES AGREEMENT FN 10-11 — page 25 of 40 pictures kartitionstitions 71opsof, 777 5x Window Blinds: Dust Wipe blinds with no streak, no Annually Determine which month buildup cleaner or ultra sonic clean. Spot clean all other doors and 5x Check daily, clean as light switches needed Polish or clean kick plates and 3x handrails Carpet: 5x Any stain smaller than the Remove all spots/stains on size of a dinner plate This carpeti includes any gum on carpet. Kitchen and Break Areas Task Weekl Month) Quarter) Comments Clean and sanitize ]counters and table tops Sx Required for Maintenance and Operations building only Clean sinks and Fixtures 5x See above Clean top and front of See above. Not required to refrigerators and micro wave 5x clean Inside of appliances oven Clean hard surface floors 5x See above treat as above Towel dispensers 5x See above Check and refill as necessary Empty waste basket (New 5x See above liners as needed Restroom Cleaning Task Weekly Monthly Quarterly Comments Empty trash and waste JANITORIAL SERVICES AGREEMENT FN 10-11 — page 25 of 40 containers 5x Refill all dispensers 5x 72x71 (paper, soap, etc.) Refill air fresheners Clean mirrors and bright work 5x Clean and sanitize toilets and 5x urinals, sinks, counters and partitions Clean furnishings (shelving, 5x dispensers, etc) Thorough cleaning & sanitation of SHOWER walls 5x and floors. Spot clean walls 5x Rinse and sanitize all the and 5x linoleum floors Pour water into floor drain 5x Clean and sanitize door 5x handles and plates Machine clean floors and 1x tat week of month baseboard includes buffing Perform hi-lowdusting I Close Out Procedures 0 Insure all doors are closed and locked except as designated upon completion of job o Turn off all except designated lights. o All trash is to be hauled to the dumpster located behind vacant admin bldg o Cleaning supervisor to inspect prior to leaving work JANITORIAL SERVICES AGREEMENT FY 10-11 — page 26 Of 40 Task Frequency Sheets wdmtn ksuttdtn and Q eratione Building Task I Weekly Monthly Quarterly Comments Carpeted & Hard Surface 2x Areas: Vacuum all traffic hails, stairs, entire offices and entire conference room, break rooms Thoroughly vacuum high traffic areas using beater bar/brush type vacuum Hard surface floors: 2x Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no -buildup cleaner Hard surface floors: lx Machine clean floors and baseboard includes buffing Strip all the and linoleum floors Semi -Annually Apply wax and seater to all tile and linoleum floors Semi -Annually Empty wastebaskets (new 2x liners as needed) Damp wipe and dry counters 2x in common areas/reception areas/ copier/fax areas Clean and sanitize counters 2x and table tops in kitchen areas Clean and sanitize all kitchen 2x sinks and fixtures Clean top and front of refrigerators and micro wave 2x JANITORIAL SERVICES AGREEMENT t -Y 10-11 — page 27 of 40 C JANITORIAL SERVICES AGREEMENT FY 10-11 — page 28 of 40 oven Clean and sanitize drinking 2x fountains Doors: Clean and sanitize 2x handles both sides Doors: Clean glass, both 2x sides High dusting: 1x Window ledges Vacuum or clean vents and 1x Determine which week grills (low and high) including ceiling Dust tops of cabinets, pictures 1x Determine which week frames, ledges and partitions Spot clean walls, partitions 2x Window Blinds: 1x Dust Wipe blinds with no streak, no Annually Determine which month buildup cleaner or ultra sonic clean. Spot clean all other doors and 29 Check daily, clean as light switches needed Polish or dean kick plates and 3x handrails Carpet: 2x Any stain smaller than the Remove all spots/stains on size of a dinner plate This carpel. includes any gum on carpet. Restroom Cleaning Weekly Monthly Quarterly Comments trash and waste E 2x ers Refill all dispensers 2x (paper, soap, etc.) Refill air fresheners 2x Clean mirrors and bright work 2x JANITORIAL SERVICES AGREEMENT FY 10-11 — page 28 of 40 Close Out Procedures n Insure all doors are closed and locked except as designated upon completion of job o Turn off all except designated lights. c All trash is to be hauled to the dumpster located behind the admin bldg o Cleaning supervisor to inspect prior to leaving work \ JANITORIAL SERVICES AGREEMENT FY 10-11 — page 29 of 40 Clean and sanitize toilets and 2z urinals, sinks, counters and partitions Clean furnishings (shelving, 2x dispensers, etc) Thorough cleaning & sanitation of SHOWER walls 2x and floors. spot clean walls 2x Rinse and sanitize all the and 2x linoleum floors Pour water Into floor drain 2x Clean and sanitize door 2x handles and plates Machine clean floors and 1x 1"week of month baseboard includes buffing Perform hi-lowdusting 1x Close Out Procedures n Insure all doors are closed and locked except as designated upon completion of job o Turn off all except designated lights. c All trash is to be hauled to the dumpster located behind the admin bldg o Cleaning supervisor to inspect prior to leaving work \ JANITORIAL SERVICES AGREEMENT FY 10-11 — page 29 of 40 Admin Buildin Task Weekly Monthly Quarterly Comments Carpeted S Hard Surface 3x Areas: Vacuum all traffic halls, stairs, entire offices and entire conference room, break rooms Thoroughly vacuum high traffic areas using beater bar/brush type vacuum Hard surface floors: 3x Vacuum loose dirt S debris, then remove stains/spills with non -tracking, no-bulidup cleaner Hard surface floors, ix Machine clean floors and baseboard includes buffing Strip all the and linoleum floors Semi -Annually Apply wax and sealer to all tale and linoleum floors Semi -Annually Empty wastebaskets (new 3x liners as needed) Damp wipe and dry counters 3x in common areas/reception areas/ copierffax areas Clean and sanitize counters and table tops in kitchen areas 3x Clean and sanitize all kitchen 3x sinks and fixtures Clean top and front of refrigerators and micro wave 3x oven Clean and sanitize drinking 3x fountains Doors: Clean and sanillze 3x JANITORIAL SERVICES AGREEMENT FY I0-71 — page 30 of 40 JANITORIAL SERVICES AGREEMENT FY 10-11 — page 31 Of 40 r, both sides ; Clean glass, bothN3x usting: ledges poebinets or clean vents andtx Determine which week w and high) includingps of cabinets, picture1 x Determine which week , ledges and partitions Spot clean walls, partitions 3x Window Blinds: 1x Dust Wipe blinds with no streak, no Annually Determine which month buildup cleaner or ultra sonic clean. Spot clean all other doors and 3z Check daily, clean as light switches needed Polish or clean kick plates and 3x handrails Carpet: 3x Any stain smaller than the Remove all spots/stains on size of a dinner plate This carpet. includes any gum on carpet. Restroom Cleaning k Weekly Monthly Quarterly Comments ty trash and waste 3x F ainers Refill all dispensers 3x (paper, soap, etc.) Refill air fresheners 2x Clean mirrors and bright work 3x Clean and sanitize toilets and 3x urinals, sinks, counters and partitions Clean furnishings (shelving, 3x dispensers, etc) JANITORIAL SERVICES AGREEMENT FY 10-11 — page 31 Of 40 Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Tum off all except designated lights. o All trash is to be hauled to the dumpster located behind the admin bldg o: Cleaning supervisor to inspect prior to leaving work ( JANITORIAL SERVICES AGREEMENT FY 10-11 — page 32 of 40 Thorough cleaning & 3X. sanitation of SHOWER wells and floors. Spot clean walls 3x Rinse and sanitize all tile and 3u linoleum er into floor drain 3x ,floors d sanitize door 3x nd plates Machine clean floors and baseboard includes buffing 1x 1sr week of month Perform hi -low dusting 1x Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Tum off all except designated lights. o All trash is to be hauled to the dumpster located behind the admin bldg o: Cleaning supervisor to inspect prior to leaving work ( JANITORIAL SERVICES AGREEMENT FY 10-11 — page 32 of 40 ( JANITORIAL SERVICES AGREEMENT FY 10-11 — page 33 Of 40 Task Weekly Monthly quarterly Comments Carpeted & Hard Surface 3x Areas: Vacuum all traffic halls, stairs, entire offices and entire conference room, break rooms Thoroughly vacuum high traffic areas using beater bar/brush type vacuum Hard surface floors: 3x Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no-bulldup cleaner. Hard surface floors: 1x Machine clean floors and baseboard Includes buffing Strip all tile and linoleum floors Semi -Annually Apply wax and sealer to all the Semi -Annually and linoleum floors Empty wastebaskets (new 3x liners as needed) Damp wipe and dry counters 3x in common areas/reception areas/ copier/fax areas Clean and sanitize counters 3x and table lops In kitchen areas Clean and sanitize all kitchen 3x sinks and fixtures Clean top and front of refrigerators and micro wave 3x oven Clean and sanitize drinking 3x fountains Doors: Clean and sanitize a handles both sides ( JANITORIAL SERVICES AGREEMENT FY 10-11 — page 33 Of 40 JANITORIAL SERVICES AGREEMENT FY 10-11 — page 34 of 40 Doors: Clean glass, both 3x sides High dusting: 1x Window ledges Vacuum or clean vents and 1x Determine which week grills (low and high) Including ceiling Dust tops of cabinets, pictures 1x Determine which week frames, ledges and partitions Spot clean walls, partitions 3x 1x Window Blinds: Dust Wipe blinds with no streak, no Annually Determine which month buildup cleaner or ultra sonic clean. Spot clean all other doors and 3x Check dally, clean as light switches needed Polish or clean kick plates and 3x handrails Carpet: 3x Any stain smaller than the Remove all spots/stains on size of a dinner plate This carpet. includes any gum on carpel. Restroom Cleaning Task Weekly Monthly Quarterly Comments Empty trash and waste 3x containers Refill all dispensers 3x (paper, soap, etc.) Refill air fresheners I 2x Clean mirrors and bright work 3x Clean and sanitize toilets and 3x urinals, sinks, counters and partitions Clean furnishings (shelving, 3x dispensers, etc) Thorough cleaning R sanitation of SHOWER walls JANITORIAL SERVICES AGREEMENT FY 10-11 — page 34 of 40 Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turnoff all except designated lights. o All trash is to be hauled to the dumpster located behind the admin bldg o Cleaning supervisor to inspect prior to leaving work \ JANITORIAL SERVICES AGREEMENT FY 10-11 — page 35 of 40 and floors. 3x Spot clean walls 3x Rinse and sanitize all tile and linoleum floors 3x Pour water Into floor drain 3x Clean and sanitize door handles and plates 3z Machine clean floors and baseboard Includes buffing ix 1b1 week of month Perform hl-low dusting 1 x Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turnoff all except designated lights. o All trash is to be hauled to the dumpster located behind the admin bldg o Cleaning supervisor to inspect prior to leaving work \ JANITORIAL SERVICES AGREEMENT FY 10-11 — page 35 of 40 JANITORIAL SERVICES AGREEMENT FY 10-11 — page 36 of 40 Task Weekly Monthly Quarterly Comments Carpeted & Hard Surface 3x Areas: Vacuum all traffic halls, stairs, entire offices and entire conference room, break rooms Thoroughly vacuum high traffic areas using beater bar/brush type vacuum Hard surface floors: 3x Vacuum loose dirt & debris, then remove stains/spills with non -tracking, no -buildup cleaner. Hard surface floors: Ix Machine clean floors and baseboard Includes buffing Strip all tile and linoleum floors Seml-Annually Apply wax and sealer to all the and linoleum floors Semi -Annually y Empty wastebaskets (now 3x liners as needed) Damp wipe and dry counters 3x in common areas/reception areas/ copier/fax areas Clean and sanitize counters 3x and table to in kitchen areas Clean and sanitize all kitchen 3x sinks and fixtures Clean top and front of refrigerators and micro wave 3x oven Clean and sanitize drinking 3x fountains Doors: Clean and sanitize 3x handles both sides Doors: Clean glass, both 3x JANITORIAL SERVICES AGREEMENT FY 10-11 — page 36 of 40 JANITORIAL. SERVICES AGREEMENT FY 10-11 — page $7 of 40 sides High dusting: Ix W Indow ledges Vacuum or clean vents and 1x Determine which week grills (low and high) including ceiling Dust tops of cabinets, pictures 1x Determine which week frames, ledges and partitions Spot clean walls, partitions 3x Window Blinds: Dust 1x Wipe blinds with no streak, no Annually Determine which month buildup cleaner or ultra sonic clean. Spot clean all other doors and 3x Check daily, clean as light switches needed Polish or clean kick plates and 3x handralls Carpet: 3xAny stain smaller than the Remove all spotsistains on size of a dinner plate This carpet. Includes any gum on carpet. Restroom Cleaning Task Weekly Monthly Quarterly Comments Empty trash and waste 3x containers Refill all dispensers 3x (paper, soap, etc.) Refill air fresheners px Clean mirrors and bright work 3x Clean and sanitize toilets and 3x urinals, sinks, counters and partitions Clean furnishings (shelving, 3x dispensers, etc) Thorough cleaning & sanitation of SHOWER walls 3x JANITORIAL. SERVICES AGREEMENT FY 10-11 — page $7 of 40 Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all except designated lights. o All trash Is to be hauled to the dumpster located behind the admin bldg o Cleaning supervisor to inspect prior to leaving work JANITORIAL SERVICES AGREEMENT FY 10-11 — page 38 of 40 and floors. Spot clean walls Rinse and sanitize all tile andlinoleum floors Pour water Into floor drain 43x Clean and sanitize door handles and plates Machine clean floors and 1x baseboard includes buffing 99' week of month Perform hi-low dusting Ix Close Out Procedures o Insure all doors are closed and locked except as designated upon completion of job o Turn off all except designated lights. o All trash Is to be hauled to the dumpster located behind the admin bldg o Cleaning supervisor to inspect prior to leaving work JANITORIAL SERVICES AGREEMENT FY 10-11 — page 38 of 40 JANITORIAL SERVICES AGREEMENT FY 10-11 — page 39 Of 40 Exhibit C PAYMENT SCHEDULE A. Total and complete compensation for this Agreement shall not exceed TASK DESCRIPTION MONTHLY AMOUNT A. City Hall $6,334.09 $76,009.08 B. Police Station including K9 facility $1,521.10 $18,253.20 C. Water Administration $485.44 $5,825.28 D. Wastewater Ad ministration $263.60 $3,163.20 E. Parks Field Office $224.05 $2,688.60 F. Meridian Community Center $220.03 $2,640.36 TOTAL $9,048.31 $1080579.72 Travel expenses will be paid at no more than the City of Meridian's Travel and Expense Reimbursement Policy, JANITORIAL SERVICES AGREEMENT FY 10-11 — page 40 of 40 Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: 6K PROJECT NUMBER: MDA 13-012 ITEM TITLE: ACCOLADE BY FIELDS Development Agreement for Approval: MDA 13-012 Accolade by Fields at Gramercy, LLC Located South of E. Overland Road and West of S. Bonito Way Between E. Blue Horizon Drive and the Ridenbaugh Canal Request: Amend the Accolade Development Agreement (Instrument # 11210777 1) to Reduce the Required Number of Carports MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 e BOISE IDAHO 10/03113 09:33 AM DEPUTY Bonnieerb RECORDED-REQUEST OF III I'II�IIIII'll'llllll"III'll"IIII Meridian City 113111796 SECOND ADDENDUM TO DEVELOPMENT AGREEMENT PARTIES: I. City of Meridian 2. Fields at Gramercy, LLC Owner/Developer THIS SECOND ADDENDUM TO DEVELOPMENT AGREEMENT is dated this --L— day of C(` -aP r , 2013, ("SECOND ADDENDUM"), by and between City of Meridian, a municipal corporation of the State of Idaho ("CITY"), whose address is 33 E. Broadway Avenue, Meridian, Idaho 83642 and Fields at Gramercy, LLC, an Idaho limited liability company by its manager, L. H. Perry Investments, LLC, a Utah limited liability company whose address is 17 E. Winchester Street, Suite #200, Salt Lake City, Utah 84107, hereinafter called OWNER/DEVELOPER. RECITALS A. City and OWNER entered into that certain Development Agreement that was recorded on April 11, 2012 in the real property records of Ada County as Instrument No. 112033247 and re-recorded on October 25, 2012 as Instrument No. 112110816 to reflect a revised property description ("DEVELOPMENT AGREEMENT) and the Addendum to Development that was recorded on October 17, 2012 as Instrument # 112107771 on the parcel of property as described in Exhibit A. B. City and OWNER/DEVELOPER now desire to amend the Development Agreement and Addendum to Development Agreement, which terms have been approved by the Meridian City Council in accordance with Idaho Code Section 67-6511. NOW, THEREFORE, in consideration of the covenants and conditions set forth herein, the parties agree as follows: 1. OWNER/DEVELOPER shall be bound by the terms of the Development Agreement and Addendum to Development Agreement, except as specifically to Section 5 of the original Development Agreement as follows: Section 5 - Conditions Governing Development of Subject property of the Development Agreement shall be amended as follows: a. Development of this site shall be restricted to a multi family development consisting i. of 276 multi family units, clubhouse and seventeen (17) garage buildings and twenty- one (21) carport structures. Amenities shall include the following: a pool, a club house/rental of,%tce, pavilion, large central open space with an internal pathway network. Accolade Apartments MDA -13-012 Page 1 b. Development of this site shall substantially comply with the siteflandscape plan, building elevations (garage and carport) and entryfeature attached in Exhibit B of the Staff Report. With the future CZC and DES applications, the applicant shall provide two variations in the apartment building design (a 24 plex design and a 36 plex design) and submit club house, garage and carport elevations that contribute to a cohesive design of the development and incorporate similar building materials. At a minimum the apartment buildings and garages shall have two color schemes to include two field colors and one trim color. The carports shall be painted or powder coated to match the color scheme of the development. The four (4) garages along the southern boundary (facing the residences) shall include the gable design on the rear fagade as shown in Exhibit B in the Staff Report. a Maximum height of the structures shall not exceed 35 feet. d. Prior to the issuance of a certificate of zoning compliance, the applicant shall provide legally binding documents that state the maintenance and ownership responsibilities for the management of the development and the responsible party shall be a single entity overseeing the entire multi family development. e. The 138 garage spaces shall be used for automobile parking for the apartment residents. f. The applicant shall provide a private street connection to Lot 2, Block 2 along the southern boundary as depicted on the siteAandscape plan in Exhibit B of the Staff / Report. This access will also serve as the third access required by the Fire l Department. A gate must not be installed at this location per the Fire Department. The owner of the 5 -acre parcel to the south of the proposed development must construct a dirt berm along the south edge of the required fire lane. The berm shall be high enough to screen the vehicle lights from the proposed multi family development. g. The applicant shall construct a 2 -foot tall berm along the south and southwest boundary planted with a mix of 3 -inch caliper deciduous trees, 8 -foot tall conifers, shrubs and ornamental grasses consistent with the siteAandscape attached in Exhibit B of the Staff Report. No trees shall be placed within the ACHD seepage bed. Since the trees may not be placed within the ACRD easement, the applicant shall incorporate a mix of shrubs and tall ornamental grasses in the southwest corner (adjacent to the open parking stalls) of the proposed development to screen the open parking area from the adjacent single family residences. 2. OWNER/DEVELOPER agrees to abide by all ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and subsequent Addendums and the Project Site shall be subject to de -annexation if the DEVELOPER, or their assigns, heirs, or successors shall not meet the conditions of this Addendum as herein provided, and the Ordinances of the City of Meridian that are consistent with the terms of the Development Agreement and subsequent Addendums. 3. If any provision of this Second Addendum is held not valid by a court of competent jurisdiction, such provision shall be deemed to be excised from this Addendum and the invalidity thereof shall not affect any of the other provisions contained herein. Accolade Apartments MDA -13-012 Page 2 ( 4. This Second Addendum sets forth all promises, inducements, agreements, condition, and understandings between OWNER/DEVELOPER and City relative to the subject matter herein, and there are no promises, agreements, conditions or under -standing, either oral or written, express or implied, between OWNERIDEVELOPER and City, other than as are stated herein. Except as herein otherwise provided, no subsequent alteration, amendment, change or addition to this Addendum shall be binding upon the parties hereto unless reduced to writing and signed by them or their successors in interest or their assigns, and pursuant, with respect to City, to a duly adopted ordinance or resolution of City. a. Except as herein provided, no condition governing the uses and/or conditions governing development of the subject Project Site herein provided for can be modified or amended without the approval of the City Council after the City has conducted public hearing(s) in accordance with the notice provisions provided for a zoning designation and/or amendment in force at the time of the proposed amendment. 5. This Addendum shall be effective as of the date herein above written. 6. Except as amended by this Second Addendum, all terms of the Development Agreement shall remain in full force and effect. ACKNOWLEDGMENTS IN WITNESS WHEREOF, the parties have herein executed this agreement and made it effective as hereinabove provided. OWNER/DEVELOPER: Fields at Gramercy, LLC, an Idaho liability limited by its manager, L. H. Perry Investments, LLC, a Utah limited liability company By: William O. Perry, III, Manager CITY OF MERIDIAN ATTEST: By. v 1[y AMayor T, y e Weerd f p II}� IA 1� lonno r SEAL W 4 p AR /Id, TPE Ao c Accolade Apartments NIDA -13-012 Holman, City Clerk Page 3 STATE OF UTAH, ) ss County of Salt Lake, ) On this i 01 day of -2�± , 2013 before me, the undersigned, a Notary Public in and for said State, personally appeared William O. Perry, III, known or identified to me to be the Manager of L.H. Perry Investments, LLL the Manager of the Fields of Gramercy, LLC and acknowledged to me that he executed the same with authority on behalf of Fields of Gramercy, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. (SillC.00LY14WOOLSEY i tpTAIrylU1UC'tT1uFOFUAw y rs corrisa10ruSCSI Be COMM. EXP. 02-W2015 STATE OF IDAHO ) ss Notary Public for Idaho u Residing at: -5.41-L L- 6T0«.e My Commission Expires: Rb e8, County of Ada ) On this day of QC- c6c. / 2013, before me, a Notary Public, personally appeared Tammy de Weerd and Jaycee L. Holman, know or identified to me to be the Mayor and Clerk, respectively, of the City of Meridian, who executed the instrument of behalf of said City, and acknowledged to me that such City executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year in this certificate first above written. JON, 6.1 00 ARy (SEAL) �y Public for da • Residing at: I vi Commission expires: Accolade Apartments MDA -13-012 Page 4 Cxh1 lot k A 100� A parcel located in the W %a of the NEA of Section 20, Township 3 Notdt, Range 1 Eaar Boise Meridian, Ada County, Idaho, and more particularly described as follows Commencing at the northwest comet of the NE'/. of said Section 20 (N'/. Comer), from which the northeast comer of said NE 1/4 beats N 89°46'02" E a distance of 2656.88 feet Thence N 89°46'02" E along the northerly boundary of said NE 'A a distance of 1306.86 feet to a point, Thence leaving said northerly boundary S 0°13'58" E a distance of 45.00 feet to a point marling the northeastely comet of Gramercy Subdivision Nm l as shown In Book 99 of Plats on Page 12619, records of Ada County, Idaho, said point also being the northwesterly comet of Bonito Subdivision, as shown in Book 85 of Plata on Page 9784, records of Ada County, Idaho; Thence S 1°4239" W along the easterly boundary of said Gramercy Subdivision No. l and the westerly boundary of add Bonito Subdivision a distance of 1288.12 feet to a point marking the northeast comer of Lot 3 of Block 7 of said Gramercy Subdivision No. t and the POINT OF BEGINNING, Thence continuing along the easterly boundary of said Gramercy Subdivision No.1 and the prologaton thereof and the westerly boundary of said Bonito Subdivision S 1042'39" W a distance of 857.50 feet to a point, Thence leaving said boundary S 89°5413" W a distance of 613A8 feet to a point making the southeast comet of Lot 1 of Block 5 of said Gramercy Subdivision No. 1; Thence along the easterly boundary of said Gramercy Subdivision No. t the folkhwing described courses; Thence N 000217" E a distance of 341.62 feet to a point /.N Thence S 89035'56" E a distance of 89.82 feet to a point; Thence N 0002'3T' E a distance of 298.01 feet to a point, Thence leaving said easterly boundary N 8903556" W along the southerly boundary of Lot 1 of Block 7 of acid Gramercy Subdivision No. l a distance: of 33.81 feet to a point, Thence along the westerly boundary of said Lot 1 the following described courses; Thence N 4405057" W a distance of 28.13 feet to a point, Thence N 0'1358" W a distance of 30.62 feet to a point Thence a distance of 88.96 feet along the am of a 764.00 foot radius curve tight, said curve having a central angle of 604t71T' and a long chord hearing N 3006'10" E a distance of 88.91 feet to a point, Thence N 602619" E a distance of 66.27 feet to it polar Thence N 48025'12" E a distance of 26.76 feet to a point on the northerly boundary of Bald Lot 1; Thence S 89035'56" E along the northerly boundary of acid Int 1 and Lots 2 and 3 of Block 7 a distance of 570.33 feet to the POINT OF BEGINNING. 116 parcel contains 11.53 ecru more or less. Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: PROJECT NUMBER: PP 13-017 ITEM TITLE: ZEBULON COMMONS SUBDIVISION Findings of Fact, Conclusions of Law for Approval: PP 13-017 Zebulon Commons Subdivision by The Traditions by Amyx Il, LLP Located South of E. McMillan Road and West of N. Eagle Road Request: Preliminary Plat Approval Consisting of Thirty -Eight (38) Residential Building Lots and Four (4)Common / Other Lots on 13.56 Acres of Land with an R-8 Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: 6M PROJECT NUMBER: MDA 13-014 ITEM TITLE: COPE SUBDIVISION Findings of Fact, Conclusions of Law for Approval: MDA 13-014 Cope Subdivision by Quadrant Consulting, Inc. Located Northeast Corner of S. Meridian Road and E. Overland Road Request: Amend the Development Agreement (Instrument # 107005525) for the Purpose of Attaching a New Concept Plan and Building Elevations MEETING NOTES APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: PROJECT NUMBER: PP 13-015 ITEM TITLE: BALTIC PLACE Findings of Fact, Conclusions of Law for Approval: PP 13-015 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Preliminary Plat Approval for Two (2) Buildable Lots on Approximately 9.41 Acres in a Proposed I -L Zoning District MEETING NOTES 9 J Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 1, 2013 ITEM TITLE: BALTIC PLACE ITEM NUMBER: 60 PROJECT NUMBER: RZ 13-007 Findings of Fact, Conclusions of Law for Approval: RZ 13-007 Baltic Place Addition Located South of E. Franklin Road and West of E. Kalispell Street Request: Rezone of Approximately 9.41 Acres from the R-40 (High -Density Residential) Zoning District to the I- L (Industrial) Zoning District MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: 6P PROJECT NUMBER: MDA 13-013 ITEM TITLE: BALTIC PLACE Findings of Fact, Conclusions of Law for Approval: MDA 13-013 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Amend the Recorded Development Agreement (Instrument # 102090926) for the Purpose of Excluding the Proposed Baltic Place Addition Property and Modifying Certain Sections that Reference the Development of the R-40 Apartment Parcel MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 1. 2013 ITEM TITLE: RESOLUTION NO. ITEM NUMBER; PROJECT NUMBER: CPAM 13-001 Resolution No. 13 - 9s : CPAM 13-001 Baltic Place Addition by HD Fowler Company Located South of E. Franklin Road and West of E. Kalispell Street Request: Amend the Future Land Use Map Contained in the Comprehensive Plan to Change the Land Use Designation on Approximately 9.41 Acres from High Density Residential to Industrial MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS ADA COUNTY RECORDER Christopher D. Rich AMOUNT .00 3 BOISE IDAHO 10/03/13 09:33 AM DEPUTY Bonnie III IIIIIIIIIIIIIIIIIIIIIIIIIIII III III RECOflDED-REQUEST UEST OFF Meridian CitY 113111797 CITY OF MERIDIAN RESOLUTION NO. 13 - 951 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN TO AMEND THE FUTURE LAND USE MAP OF THE 2002 COMPREHENSIVE PLAN FOR 9.41 ACRES KNOWN AS BALTIC PLACE ADDITION LOCATED SOUTH OF E. FRANKLIN ROAD, WEST OF E. KALISPELL STREET, IN THE NE %4 OF SECTION 18, TOWNSHIP 3 NORTH, RANGE 1 EAST, MERIDIAN, IDAHO; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Mayor and Council have the authority pursuant to Idaho Code § 50-302 to establish resolutions not inconsistent with the laws of the state of Idaho as may be expedient, in addition to the special powers therein granted, to maintain the peace, good government and welfare of the corporation and its trade, commerce and industry; and WHEREAS, the City of Meridian Comprehensive Plan was adopted in August in 2002 as resolution 02-382; and WHEREAS, the Mayor and Council have deemed it appropriate to amend the future land use map of the 2002 Comprehensive Plan for approximately 9.41 acres of land from High Density Residential (HDR) to Industrial. Said land is known as Baltic Place Addition and is south of E. Franklin Road, west of E. Kalispell Street, in the NE '/4 of Section 18, Township 3 North, Range 1 East, Meridian, Idaho, Ada County; and WHEREAS, the Mayor and City Council have provided all the requisite notices, held the necessary hearings, and received the required information necessary to make a final decision as required by the Idaho Local Land Use Planning Act to amend the adopted comprehensive plan. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN, IDAHO AS FOLLOWS: SECTION 1. Pursuant to Idaho Code §67-6509, the Mayor and City Council hereby amend the City of Meridian Comprehensive Plan and Land Use Map, a copy of which is attached hereto incorporated herein by reference. A copy of this Resolution and the attached amendment shall be held on file in the office of the City Clerk. COMPREHENSNE PLAN AMENDMENT FOR FUTURE LAND USE MAP -BALTIC PLACE ADDrrioN CPAM 13-001 Page I of 2 SECTION 2. EFFECTIVE DATE. This Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this day of ()C -+-o -Q—/` 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this � � day of OC+PPEYbU— , 2013. APPROVED: Mayor Tan6fde Weerd �4° WIV AUC(/y�1 ATTEST: City of �E IDIAN IDAHO By:SFAs Jayce Holman, City Clerk Am '�enp inE n50V. COMPREHENSIVE PLAN AMENDMENT FOR FUTURE LAND USE MAP—BALTIC PLACE ADDITION CPAM 13-001 Page 2 of 2 Lxhlbit A — Existing & Proposed Future Lnud Use Mal) Bohlo Ploee Addlllon CPAM-13.0011 Meridian City Council Meeting DATE: October 1, 2013 ITEM TITLE: RESOLUTION NO. ITEM NUMBER: PROJECT NUMBER: Resolution No. I3 -9SvZ : Donation of T -Kennel Systems as Surplus Property to the , rqc- Me,ndJar vo,lle•j Hvrn&VVe Soc,LeluA MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. I Z) - Gi ,� Q BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MERIDIAN SETTING FORTH FINDINGS AND PURPOSES TO DECLARE SURPLUS PROPERTY AND AUTHORIZING THE MAYOR OF THE CITY OF MERIDIAN TO DONATE T -KENNEL SYSTEMS TO THE MERIDIAN VALLEY HUMANE SOCIETY. WHEREAS, it is in the best interest of the City of Meridian to declare that the kennels described below as surplus as they are no longer needed or used by the City of Meridian; WHEREAS, the City of Meridian's purchasing policy allows surplus City property to be transferred to charitable organizations when the value of the property in question is of nominal value, that is, valued at less than the cost of disposing of the property; WHEREAS, the cost of maintaining the kennels until they were sold, if they could be sold, exceeds their value to the City of Meridian and would result in the unnecessary expenditure of City funds; and WHEREAS, the City of Meridian desires to donate the kennels listed in Exhibit "A" to the Meridian Valley Humane Society a non-profit charitable organization exempt from federal income tax under Section 501(c)(3) of the Internal Revenue Code, the stated mission of which is to advocate for ,00vft%\ the welfare and responsible care of animals, protect them from neglect and cruelty, and promote humane education, awareness and compassion; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO, AS FOLLOWS: Section 1. That the Mayor and City Council hereby authorize and declare the T -Kennel System as surplus property. Section 2. That the Mayor and City Council hereby authorize the conveyance of the T -Kennel System described herein to the Meridian Valley Humane Society. ADOPTED by the City Council of the City of Meridian, Idaho, this day of ber_9 2013. APPROVED b the Mayor of the Cit of Meridian Idaho this da of y y y y 2013. CITY OF MERIDIAN: Attest: ° SVDAtiC j L°4 j _ City of oe 004& �.�N*,-. HO Tammy de erd, Mayor Jaye H a. , City el SEAL tj, fit RESOLUTION AUTHORIZING DONATION OF ANIMAL CONTROL KENNELS TO IHS OF 1 b Z_ O o CD CD Q� Cr a) oCO) � o oot, ::E, 0 Cb Q O O � 0 0 �o CD CQ.. CA CD "aft: � cD C/i. C4 o �a o� CD CD ti y t7 � C C O � ' CA bOM �G O � N � Cn Q Q} CDD �. o`' c O OCD b O 0 CD O Oo 3-c =�, vR omooO� w >O 'Dv �°-g a u O 4 os MMR CD cc ca M c<o14' 0 CD°g3 3m co�-C =mo oo.o?,�MoCD PIP.� O� D oac.cD Cl) ?a" O.r— ?io O O 3-a 00° d rM0 0000 _?roo ��CDc 'o- ACL N`� C v� �oO�DC',�cD m. o 3 03 .. 3-00 in'm � ° v� _ 0 "- X coo ?°coM -n CD .� � � 0 0 o 03 c �a -.06 -� xo.0CD-00 ?.o �� < �, M _� a,o-<o >�, .�. o -, 5,*ao M O � a -,m W �,o� �ioN gym_ o rt'cr ao `U no roao c CD cC a a) = ° o CL N 0 N w. O CD W �D N r C• � ML X 0 CL CA w O .p 1V CD tg rd n TI Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Resolution No. 1 3 ^ 9 S3 : Reappointing Keith Bird to the Meridian Development Corporation (MDC) MEETING NOTES A�" q > I � k s 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 BY THE CITY COUNCIL: RESOLUTION NO. 13 —% 53 BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING KEITH BIRD TO SEAT 6 OF THE MERIDIAN DEVELOPMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian Development Corporation has been established by actions of the City Council of the City of Meridian pursuant to the Idaho State Code as the Redevelopment Agency for the City of Meridian; and WHEREAS, that action further established its members and terms of their appointments; WHEREAS, Keith Bird was reappointed to Seat 6 of Meridian Development Corporation by Resolution # 11-777 on March 22, 2011 for a term to expire in August, 2013; and WHEREAS, Keith Bird may be reappointed to a 3 year term for Seat 6; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective reappointment of Board Member Keith Bird as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Keith Bird shall be reappointed to Seat 6 of the Meridian Development Corporation, which term shall run to August 31, 2016. Section 2. That this Resolution shall be in full force and effect immediately upon its adoption and approval. RESOLUTION REAPPOINTING BIRD TO MERIDIAN DEVELOPMENT CORPORATION- PAGE I OF 2 ADOPTED by the City Council of the City of Meridian, Idaho, this I S day of (�C-- (z,bP.P , 2013. I sft- APPROVED by the Mayor of the City of Meridian, Idaho, this _ day of D' bkK 2013. APPROVED: Mayor my de Weerd ATTEST: 0Rn`S'arl ^f�a`"r� o, cityof By: iANt= Jaycee L. lman, City Clerk°�'�',; SEA1 eT � °�eee rne�s°� RESOLUTION REAPPOINTING BIRD TO MERIDIAN DEVELOPMENT CORPORATION —PAGE 2 OF 2 Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: Items Moved From Consent Agenda MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 1. 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: CUP FEE WAIVER REQUEST Conditional Use Permit Fee Waiver Request by Kim Bohrer 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 PA Jacy Jones From: Kristy Vigil Sent: Tuesday, September 24, 2013 4:17 PM To: Jacy Jones; Jaycee Holman; Machelle Hill; Holly Binkley Cc: Justin Lucas Subject: FW: Conditional use Here is Ms. Bohrer's request for a fee waiverfor the CUP fee. I can offer a little background too. Ms. Bohrer has had an in-home daycare in the City of Meridian since June 24, 2011 and this year had to relocate the daycare because the owner of the property was moving back into the home she was renting to Ms. Bohrer. When an in-home daycare is relocated an new accessory use permit (AUP) application is required for the new location. Ms. Bohrer has encountered two challenges with the location she found where the property owner would allow her to have a home business and the new application for the AUP. First challenge was fencing in the backyard. The rear fence is adjacent to a canal and constructed of chain link. The UDC requires all outdoor play areas to be completely enclosed by minimum six foot nonscalable fences to secure against exit/entry by small children and to screen abutting properties. Also, the UDC does not allow for chainlink with slats as a screening material, so Ms. Bohrer had to construct cedarfencing to meet the requirements of the UDC. Second challenge is the total number of children allowed with the approved AUP, which is very difficult for her to overcome. When Ms. Bohrer's in-home daycare was approved in 2011, the City Code did not include the applicants children in the total number for the daycare and that has since changed. Because the code changed, the applicant would have to reduce the number of children from six to four and would limit her income coming in from the daycare. Ms. Bohrer has expressed to me the financial hardship this would create for her household. However, an approved CUP for a Group daycare (7 - 12 children) would allow for the applicant's request. Ms. Bohrer cannot afford to pay the $1369.00 for the CUP application and has requested a fee waiver for this purpose. In addition to working with the City on the number of children, Ms. Bohrer has to work with the State for daycare licensing and an accreditation she received she does not want to lose. I hope this helps explain the background. If you have any questions, please let me know. Thank you, Kristy -----Original Message ----- From: Kim Bohrer fmailto:thelearn inestation@live.coml Sent: Tuesday, September 24, 2013 3:47 PM To: Kristy Vigil Subject: Re: Conditional use I would like the waiver so that I can continue to have a group childcare center in my home. I recently moved, due to the landlord wanting to move back in, and the code has changed making it so I can only care for 4 children other than my own. Sent from my iPad > Qn Sep 24, 2013, at 3:44 PM, "Kristy Vigil" <kvigil@meridiancity.org> wrote: > > Thanks Kim. Can you please send a request with an explanation of the circumstances? City Council will need this for the request. > Thank you, > Kristy > -----Original Message----- > From: Kim Bohrer [mailto:thelearningstation@live.com] > Sent: Tuesday, September 24, 2013 2:21 PM > To: Kristy Vigil > Subject: Conditional use > Hi kristy, > I would like to request a fee waiver of $1369 for a continual use permit for the group childcare in meridian. > Kim Bohrer > 608-1925 > Sent from my Pad z Meridian City Council Meeting DATE: October 1, 2013 -"AuIZ[iIJ PROJECT NUMBER: FP 137038 ITEM TITLE: JACK'S PLACE SUBDIVISION FP 13-038 Jack's Place Subdivison by Jack's and Jesse Place, LLC Located East Side of S. Meridian Road, Approximately 1/4 Mile North of E. Victory Road Request: Final Plat Approval Consisting of Three (3) Office Lots, Twenty (20) Residential Lots and Three (3) Common Lots on Approximately 4.52 Acres in the Proposed L -O and R-8 Zoning Districts MEETING NOTES fr- -j APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFF/CE FINAL ACT/ON DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: CDBG BLOCK GRANT AMENDMENT Public Hearing: Substantial Amendment to the Community Development Block Grant (CDBG) Program Year 2012 Action Plan 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 August 28, 2013 STAFF REPORT TO: Mayor and City Council FROM: Lori Den Hartog, CDBG Administrator CC: Caleb Hood, City of Meridian, Planning Division Manager RE: Public Hearing on October 1, 2013 for a Substantial Amendment to Community Development Block Grant Program Year 2012 Action Plan and the Citizen Participation Plan 1. SUMMARY DESCRIPTION OF PROPOSED SUBSTANTIAL AMENDMENT The original CDBG budget for the 8m Street Park ADA Restroom project was $130,000. The first bids for the 8th Street Park ADA Restroom Project, which were opened on June 25, 2013, came in higher than anticipated. The Project Manager in the City Parks and Recreation Department made modifications to the plans to reduce costs and the project went out for bid a second time. The re -bids were opened on August 6, 2013. While the re -bids were approximately $30,000 lower, the costs are still projected to be higher than the original estimate. The Project Manager requested approximately $14,000 in additional CDBG funding to cover the increased costs. After reviewing existing projects, the CDBG Administrator determined that there are sufficient funds in the PY12 Administration activity that can be re -allocated to the 8th Street Park ADA Restroom project. Based on the Citizen Participation Plan, a substantial amendment is required because the funding level for the Administration Activity is changing by more than 25%. The funding level for the 8th Street Park ADA Restroom facility is proposed to increase by approximately 11%. Original Funding Modified Funding PY12 Administration $46,227 $32,227, decrease of 30% PY 12 8th Street Park ADA Restroom $130,000 $144,000, increase of 11% In addition to the above proposed funding re -allocation, staff is recommending a modification to the Substantial Amendments section of the Citizen Participation Plan as adopted with the 2012-2016 Consolidated Plan. Staff is recommending that the Citizen Participation Plan allow for an exception for the Administration Activity to the 25% change in funding level rule. Therefore in the future, if the funding level for Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 • Fax 208-888-6854 . www.meridiancity.org Page 2 the Administration Activity is either increased or decreased by more than 25% it would not trigger a Substantial Amendment. In the unlikely scenario of increasing the funding level for the Administration Activity, the City would still not be able to allocate more than the 20% of its annual entitlement funding to comply with the administrative funding cap. 2. RECOMMENDATION Staff recommends that the City Council approve the proposed substantial amendment to the CDBG PY2012 Action Plan and the proposed change to the Citizen Participation Plan. 3. PROCESS INFORMATION Per the City's adopted Citizen Participation Plan, a substantial amendment to an action plan requires a 30 -day public comment period to be concluded with a public hearing. The City opened the public comment period on August 28, 2013 through a public notice in the Valley Times newspaper on August 26, 2013 and the Idaho Statesman published on August 28, 2013. The public hearing will be conducted on October 1, 2013, which was also published in the legal notices. 4. EXHIBITS TABLE 3C PY2012 gTH STREET PARK ADA RESTROOM FACILITY TABLE 3C PY2012 ADMINISTRATION PROPOSED MODIFICATION TO THE CITIZEN PARTICIPATION PLAN NOTICE OF PUBLIC COMMENT PERIOD AND PUBLIC HEARING Page 3 Jurisdiction's Name: Priority Need: Project Title: Description: Table 3C (Amended) Consolidated Plan Listing of Projects City of Meridian, Idaho Suitable Living Environment—Public Facility Bch Street Park ADA Accessible Restroom Facility The City of Meridian Parks and Recreation Department will use the CDBG funding to design and construct an ADA accessible restroom facility within 8`h Street Park where no restroom facilities currently exist. Objective Category: ®Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ❑ Affordability ® Sustainability Location/Target Area 2235 N.W. 8th Street, Census Tract 103.32, Block Group 2 HUD Objective Number Project ID SL 3 $144,000 HUD Matrix Code CDBG Citation 03F 24 CFR § 570.201(c) Type of Recipient C DBG National Objective Subrecipient LMA Start Date Completion Date 10/1/2012 9/30/2013 Performance Indicator Annual Units Public facility 1 Local ID Units Upon Completion 1 public facility Funding Sources CDBG $144,000 ESG HOME HOPWA Total Formula $144,000 Prior Year Funds Assisted Housing PHA Other Funding Total $144,000 The primary purpose of the project is to help: 7 The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Page 4 Jurisdiction's Name: Priority Need: Project Title: Table 3C (Amended) Consolidated Plan Listing of Projects City of Meridian, Idaho Program Administration PY2012 Program Administration Description: The City's overall CDBG program management, coordination, monitoring, reporting, and evaluation will include the following types of assistance: Coordinating Fair Housing activities with regional partners • Ensuring compliance with the adopted Consolidated Plan Preparing program budgets, schedules and amendments Evaluating program results against stated objectives • Monitoring program activities for progress and compliance; audit and monitoring findings • Preparing reports and other documents for submission to HUD Developing agreements to carry out program activities Objective Category: ❑Suitable Living Environment []Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ❑ Affordability ❑ Sustainability Location/Target Area Citywide as applicable HUD Objective Number Project ID HUD Matrix Code CDBG Citation 21A 24 CFR § 570.206 Type of Recipient C DBG National Objective Entitlement N/A Start Date Completion Date 10/1/2012 9/30/2013 Performance Indicator Annual Units N/A N/A Local ID Units Upon Completion N/A Funding Sources CDBG $32,227 ESG HOME HOPWA Total Formula $32,227 Prior Year Funds Other Funding Total $32,227 The primary purpose of the project is to help ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs Page 5 From Appendix A, Page 3 of the Adopted 2012-2016 Consolidated Plan: Substantial Amendments Occasionally, public comments or a change in circumstances warrant an amendment to the Consolidated Plan and/or an annual Action Plan. The criteria for whether to amend is referred to by HUD as Substantial Amendment Criteria. The following conditions are considered to be "Substantial Amendment Criteria:" 1. Any change in the described method of distributing program funds. ➢ Elements of a "method of distribution" are: Changing the funding of a particular activity which increases or decreases the amount spent by 25 percent of the total funding amount. Making a change in the allocation priorities. Carrying out an activity using CDBG funds or program income not previously described in the action plan or the consolidated plan. Proposed Change to Appendix A, Page 3: Occasionally, public comments or a change in circumstances warrant an amendment to the Consolidated Plan and/or an annual Action Plan. The criteria for whether to amend is referred to by HUD as Substantial Amendment Criteria. The following conditions are considered to be "Substantial Amendment Criteria:" 1. Any change in the described method of distributing program funds. ➢ Elements of a "method of distribution" are: Changing the funding of a particular activity, with the exception of the Administration activity, which increases or decreases the amount spent by 25 percent of the total funding amount. Administrative funds are always subject to the cap of 20% of the annual entitlement funding. Making a change in the allocation priorities. Carrying out an activity using CDBG funds or program income not previously described in the action plan or the consolidated plan. CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE October 1, 2013 ITEM # 8C PROJECT NUMBER PROJECT NAME Amendment to CDBG PY2012 Action Plan PLEASE PRINT NAME FOR I AGAINST NEUTRAL ECEIVE OCT 01 2013 CITY OF �'EkPI „"j- Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: 8Q. PROJECT NUMBER: ITEM TITLE: CDBG ANNUAL ACTION PLAN Public Hearing: Community Development Block Grant (CDBG) Program 2013 Annual Action Plan 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 September 26, 2013 STAFF REPORT TO: Mayor and City Council FROM: Lori Den Hartog, CDBG Administrator CC: Caleb Hood, City of Meridian, Planning Division Manager RE: Public Hearing on October 1, 2013 for final project selection for the Community Development Block Grant Program Year 2013 Action Plan 1. SUMMARY DESCRIPTION OF PROPOSED PROJECT OPTIONS FOR PY2013 ACTION PLAN On July 23, 2013 a public hearing was held for the Program Year 2013 Action Plan. During that hearing, a public facility project proposal had not yet been specifically identified. The PY13 Action Plan stated that a project would be selected at a future date. At this time, staff is presenting two options for consideration and selection for use of the $142,000 in CDBG PY13 funding previously identified for a public facility project. Project Option 1 Public Sidewalk Construction: Idaho Avenue between NW 5th Street and Meridian Road Priority: Suitable Living Environment, Public Facility National Objective: Low -Moderate Income Persons, Area Benefit (LMA) 570.208(a)(1) Outcome Category: Sustainability Outcome Measure: 1 completed public facility Project funds (approximately $141,859) will be used by the City, in partnership with the Ada County Highway District (ACHD) for the design and construction of sidewalk on Idaho Avenue, between NW 5th Street and Meridian Road, where no sidewalk currently exists. Portions of Idaho Avenue west of Meridian Road have existing sidewalk, but it is discontinuous on both sides of the roadway. The area west of Meridian Road and south of Pine Avenue is primarily residential (zoned R-8 and R-15) and lacks adequate pedestrian facilities. There are several pedestrian attractors within this localized area including the Meridian Food Bank, Meridian Elementary School, Meridian Head Start, the Meridian Boys and Girls Club, and Meridian City Hall. By constructing sidewalk on Idaho Avenue, an important pedestrian connection will be made to the services and businesses in this area. Because this sidewalk project is not currently funded or projected to be funded, through either ACHD's Community Programs or the City's funding mechanisms, ACHD has stated a willingness to partner with the City of Meridian on this project. The City would manage the design, bid and construction process for the project. ACHD would not be a sub -recipient of the CDBG funding, but ACHD supports the City Community Development Department . 33 E. Broadway Avenue, Meridian, ID 83642 Phone 208-884-5533 . Fax 208-888-6854 . www.meridiancity.org Page 2 moving forward with this project. Sidewalk Improvements scored highest on the resident survey under the Infrastructure category, and this project is intended to address part of this identified community priority and need. The sidewalk will be constructed within the 80 -feet of existing public right-of-way. The project will not include pavement widening or the construction of curb and gutter along the length of Idaho Avenue. Specific Location of Sidewalk Construction • North side of Idaho Avenue, west of NW 4th Street, approximately 427 -feet to connect to existing sidewalk on the north side of Idaho Avenue. • South side of Idaho Avenue, west of NW 4th Street, approximately 340 -feet to connect to existing sidewalk on the south side of Idaho Avenue. • North side of Idaho Avenue, from NW 4th Street to the mid -block between NW 3rd and NW 2nd Street, approximately 460 -feet. • South side of Idaho Avenue, from Meridian Road to the mid -block between Meridian Road and NW 15t Street, approximately 160—feet. • Install Pedestrian ramps at all four corners of the intersection of Idaho Avenue and NW 4th Street and the intersection of Idaho Avenue and NW 3`d Street. • If funds are available, construct pedestrian ramps at the intersections of Idaho Avenue with NW 2nd Street NW 15t Street as needed. Project Option 2 Street Light Installation: Various Locations Priority: Suitable Living Environment, Public Facility National Objective: Low -Moderate Income Persons, Area Benefit (LMA) 570.208(a)(1) Outcome Category: Sustainability Outcome Measure: 9 Street Lights Project funds (approximately $53,000) will be used by the City Public Works Department for the installation of street lights at the locations listed below: 1. Intersection of NW 14th and W Maple Ave 2. Curve where W Maple Ave meets NW 13th Ave 3. North end of NW 15th Ave 4. Cul-de-sac on NW 14th Place 5. Intersection of NW 14th and W Piedmont Ct 6. Intersection of NW 11th St. and W Clarinda St. 7. Sharp curve on W Clarinda St. 8. Intersection of NW 7th St. and Broadway Ave 9. Corner/cul-de-sac on W Broadway Ave The intersections and locations identified above currently are without lighting. Streetlights at intersections have been shown to reduce crash risk, especially for pedestrian vehicle collisions. The City does not currently have funds to retrofit existing residential neighborhoods with the necessary street lights. While the City does have funding to install some street lights each year, it is limited and focused on areas specific to improving pedestrian safety near schools. None of the above locations meet those criteria. Street lights scored second highest on the resident survey under the Infrastructure category, and this project is intended to address part of this identified community priority and need. Page 3 2. RECOMMENDATION Staff recommends selection of Project One, Idaho Avenue Sidewalk, as a primary project, and selection of Project Two, Streetlights, as an alternative project if any of the other projects for PY2013 come in under budget or do not proceed as planned. 3. PROCESS INFORMATION A public hearing notice was published on August 16, 2013 in the Valley Times newspaper and the Idaho Statesman notifying the public of the hearing on October 1, 2013. 4. EXHIBITS TABLE 3C PY2013 IDAHO AVENUE SIDEWALK CONSTRUCTION MAPS OF IDAHO AVENUE PHOTOS OF IDAHO AVENUE TABLE 3C PY2013 STREET LIGHT INSTALLATION MAP OF STREET LIGHT LOCATIONS NOTICE OF PUBLIC HEARING Page 4 Table 3C Consolidated Plan Listing of Projects Jurisdiction's Name: City of Meridian, Idaho Priority Need: Suitable Living Environment—Public Facility Project Title: Sidewalk Construction on Idaho Avenue Description: Construct approximately 1,300 lineal feet of sidewalk on the north and south sides of Idaho Avenue between NW 5th Street and Meridian Road The City of Meridian will use the CDBG funding to design and construct sidewalk on Idaho Avenue between NW 5th Street and NW 2nd Street where no sidewalk currently exists. Objective Category: ®Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ❑ Affordability ® Sustainability Location/Target Area Idaho Avenue between NW 5th Street and NW 2nd Street, Census Tract 103.22, Block Group 2 HUD Objective Number Project ID SL 3 $141,859 HUD Matrix Code CDBG Citation 03L 24 CFR § 570.201(c) Type of Recipient C DBG National Objective Entitlement LMA Start Date Completion Date 1/1/2014 9/30/2014 Performance Indicator Annual Units Public facility 1 Local ID Units Upon Completion 1 public facility Funding Sources CDBG $141,859 ESG HOME HOPWA Total Formula $141,859 Prior Year Funds Assisted Housing PHA Other Funding Total $141,859 The primary purpose of the project is to help: ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities ❑ Public Housing Needs iln S�-tifi II �P� ~�1 � Aj'glJl � M1 ✓•� I 1 ~. t Y �p s� tow - it F' W;4' , , �- �_ * f�it.. ;- �,� Slii Ib e F � �y1°nr Sia �fUi, f °°qj r}.11 r:� f A �N i .� Y.� i ra,Legend condition [ 1777 ce AVE ei, + �� — 4 r � T— GOOD NEW a +� p.��. I • yy� _ POOR fi +ry �'v-e Page 6 Proposed SidewalkConstruction Idaho Avenue „ m m 431 419 1029 1030 1029 I kga 1052 ]ate 1009 1010 7023 n c w 51t $ 1075 o 1035 7007 r ve 428 7001 o M 00 G " 5i m 1010 {rN o n4 926 a e 982 13 n n m e e R a 428 971 918 921 918 921 1I 922 ao ry g 907 i 914 a m iiia P n a `" 903 o � e a a o v amts 205 830 39 829 832 82181487fi 817 < B13 $ X813 ry 728 873 106 « I 3t 80] 87b o a n n n 6y a a 309 m 727 241 722 203 „ m c n 22 4 731 715 m $ 557 33 777 a a 714 711 m < m 502 N m d 522 134 ]03 a a v 304 < m " 30 22 r9a ay ve — _ e 607 631 « 15 624 619 733 637 b14 fii6 617 b21 33 675 b22 b08 606 W 675 d04 $ 605 {4 ad 602 Proposed locations for construction VII Page 12 Jurisdiction's Name: Priority Need: Project Title: Description: Table 3C Consolidated Plan Listing of Projects City of Meridian, Idaho Suitable Living Environment—Public Facility Installation of Street Lights Install Street Lights at 8 locations with the LMI Area The City of Meridian Public Works Department will use the CDBG funding to design and install Street lights at various locations within the LMI Area that are in need. Objective Category: ®Suitable Living Environment ❑Decent Housing ❑ Economic Opportunity Outcome Category: ❑ Availability/Accessibility ❑ Affordability ® Sustainability Location/Target Area Various Locations within LMI Area HUD Objective Number Project ID SL 3 $53,000 HUD Matrix Code CDBG Citation 03K 24 CFR § 570.201(c) Type of Recipient C DBG National Objective Entitlement LMA Start Date Completion Date 1/1/2014 9/30/2014 Performance Indicator Annual Units Street lights 8 Local ID Units Upon Completion 8 new street lights Funding Sources CDBG $53,000 ESG HOME HOPWA Total Formula $53,000 Prior Year Funds Assisted Housing PHA Other Funding Total $53,000 The primary purpose of the project is to help: ❑ The Homeless ❑ Persons with HIV/AIDS ❑ Persons with Disabilities 0 Public Housing Needs Page 13 LMI Street Light Project Map Page 14 Idaho Statesman 6� M�u�.p• •I IM 1 V•11•° IDIr 11911 Y1a!„•M.i OM PO Boz 40, Brise; ID 83707.0090 LEGAL PROOF OF PUBLICATION nl k Ad 11 m 81 I 10 Amount cola Nn 262513 0000570996 LEGAL NOTICE CITY OF MERIDIAN NOTI- $60.68 2 1 96 Attention: CITY OF MERIDIAN / RETAIL 33 E BROADWAY AVE MERIDIAN, ID 836422619 LEGAL N0r711CgE�ry N.-fi OF PLIC HEARING Regardirlj Meridians Community Davolopmanl slack Grant.(CDEG) Program ~.nxri"vy.ag/cdb6 a by cordaetinE Lai Den Haaog atdie - Meridm,Yio unAy Dm oprim Deparinxnl; 2OM-5533 What ogOMendimcky.oag). Pub. Sept. Ib; 2013 „nilir„ryq P AJ M JANICE HILDRETH, being duty swum, deposes and says: That she is the Principal Clark of. The Idaho • Statesman, a daily newspaper i printed and published at Boise, Ada County, State of Idaho, and having a ° ' general circulation therein, and which said newspaper has been continuously and uninterruptedly published in said County durnil a period of twelve consecutive months prior to the Nat publication of the 1. notice, a copy of which is attached hereto: that said notice was ublished In The Idaho Statesman, In conformity with Section 60-108, • Idaho Code, as amended, for: - 1 insertions ' -Beginning issue of: 09/16/2013 ` 09/1612013 Ending Issue of , 0 hJ A egals Clerk) STATE OF IDAHO) .SS COUNTY OF ADA) On this 16th day of September in the year of 2013 before me, a Notary Public, personally appeared before 1 me Janice Hildreth known or identified to me to be the person whose name subscribed to the within ° instrument, and being by fusl duly sworn, declared that the statements ' therein are true, and atm ledged tome that she exec led h% spate.. I Notary Public FOR Idaho 1 Residing at: Boise, Idaho , My Commission expires: 03 'lAIY , 0= 1 e:c ; , Page 15 vaaay Times P.O. Box 1780 - Eagle, Idaho 89818 LEGALADVERTiSING PROOF OF PUBLICATION Account A Of 4LvV.c"an Identification: ffo+;cl- 4Y ?.61i4 Ot'P- Address: 33 E. YV -✓ nv- Run Dates: .zo e Mpg G 4nir �Q^ . da1w / No r04- G � Z NumIm Unes � Amount �t0 ' 24 Attention: Other Frank Thomason, being duly sworn, deposes CiTYOli MZPJD1AN q �) g and says: That he Is the Principal NOTICBOP PUBLIC IIBARMG 1 ('P 3 Y :is Clerk Of a.s.rolssMork"a,a VeNey77nrea, a weekly newspaper published at Commualfy Dwdopmmi Si kGrwt (CDBG)PrOMm Eagle, Ada County, $tate of Idahq that the said newspaper Is in general Circulation In the said The City or Meridien hu been deslsMted m P•ntkitmtat Cotnmunity by the U -S. County Of Ads, and In the vicinity of Meridian, Deparhnenl ofHousiig wdUtbenDaveloprnem(FND).1lda desiprrellonalloae the qty Star, and Eagle, and has been uninterruptedly to reaelw roods amuelly from HUD's Cotnmuntly Devebpmem Brock GMt (CDBO) published in said County during a period of pwvm. Ito Citymddpsteethat lielueeeetve mallomlon of $493.913 onOcmber 1, 4013 rot ProBwm.Y= 2013. manly -eight conBaCulive weeks prior 6Dtha first Mfion of dit notice, a copy of which Is atlaehed In ardor to receive thus finds, the City bee sArnided to HUD „Amud MOW Plen hereto, and that the notice was published in idendfylva the projects and sols dtc. Clry will Urdmtake ro craft new, Jobs. k""'e valiay 7rmes, in conformity with Section ou-108, aHmdable+ld eccmeibla dausmsardrcvimnuMesidlmoal 6ofioodedmMq Ore next Idaho Code, as amended, fort . _tln*3) ed In the newspaper proper, and not In a on aro flowing tlates: Beginning Sl. enL✓ /L Zaa q AIWP ./� �+�� eVrn*1 ?�r a X10 J�+�t�'�ti Lori Den Hartog, CDBG Administrator City of Meridian Community Development Department 33 E. Broadway Avenue, Suite 102 Meridian, Idaho 83642 Dear Ms. Den Hartog, Sara M. Baker, President John S. Fanden, Vice President Rebecca W. Arnold, Commissioner Mitchell A. Jaurena, Commissloner Jim D. Hansen, Commissioner September 18, 2013 The Ada County Highway District (ACHD) staff has completed a preliminary review of a project proposal to utilize City of Meridian Community Development Block Grant funds to construct sidewalk in Meridian's Low to Moderate Income Area. ACHD staff has assessed the need within the area based on a site inspection and a review of the recently completed Meridian Downtown Neighborhood Pedestrian and Bicycle Plan (October 24, 2012). Constructing sidewalk on Idaho Street between NW 5a' Street and Meridian Road would be a good investment of funds at this time. There may be opportunities for future partnerships with the City of Meridian for sidewalk construction in the Downtown residential area and we look forward to exploring these opportunities with you. The Meridian Downtown Neighborhood Pedestrian and Bicycle Plan (the Plan) analyzed pedestrian and bicycle attractors, barriers, and issues identified by citizens who walk and bike in the area. Public involvement was a key component to the development of the Plan, The Plan identified that the pedestrian network within the Downtown Meridian area lacked complete or properly connected pedestrian improvements. Idaho Street, west of Meridian Road is a prime example of an incomplete network. ` Some blocks of Idaho Street have existing sidewalk on one side of the roadway, while other sections of Idaho Street have no sidewalk on either side of the roadway. Idaho Street serves a primarily residential area that connects to many of the downtown Meridian pedestrian attractors. ACHD programs and prioritizes projects according to need and the availability of funding. For local streets in developed neighborhoods, like Idaho Street, the only opportunity for funding is through the Community Programs section of the Integrated Five Year Work Program. ACHD must balance the use of its limited funding amongst all the cities and the county that it serves. At this time, ACHD has no funding available or planned to construct the needed sidewalk on Idaho Street. ACHD commonly looks for ways to partner with cities to find creative solutions to address community needs. While ACHD does not wish to be a sub -recipient of CDBG funding, ACHD staff believe that there is a viable opportunity for a partnership with the City of Meridian to complete this particular sidewalk construction project. ACHD is willing to bring before its Commission an agreement with the City of Meridian specific to this project whereby ACHD would provide review of the design work for the project and perform the final construction inspection, and the City of Meridian would manage the design, bid and construction process, including the necessary environmental reviews and other Ada County Highway District • 3775 Adams Street • Garden Qty, JD 83714 • PH 208 387-6100 • FX 345.7650 • www.achdidaho.org requirements specific to the use of CDBG funds, and perform construction engineering and inspection for compliance. Ultimately, regardless of who manages the funds and construction process, the sidewalk will be a public sidewalk for the benefit of the people who live in the Downtown Meridian area. Sincerely, a� Sa Tina C. Anderson Manager, Planning and Programming Department Information about the Ada County Highway District • Established in 1972 as an independent government entity, the Ada County Highway District (ACHD) is responsible for all short-range planning, construction, maintenance, operations, rehabilitation and improvements to Ada County's urban streets, rural roadways (excluding state highways) and bridges. Geographically, the Districts jurisdiction includes Boise, Eagle, Garden City, Kuna, Meridian, Star and the unincorporated areas of Ada County; it is the only consolidated countywide highway district in the State of Idaho. • The District maintains and operates approximately 2,100 miles of roads and streets in Ada County, with an estimated value of three billion dollars. This infrastructure includes facilities that range from multilane, arterial streets with a computerized signal system, to narrow, farm -to -market roadways. • Five Commissioners govern the District. Together, they are responsible for guiding the planning, development and implementation of transportation facilities throughout the county. Elections are held every two years on a rotating basis, and each Commissioner represents a separate sub -district. • Because strong public involvement is crucial to the transportation planning process, the Commissioners and staff regularly host and attend meetings and public hearings to gather feedback from concerned citizens. The Commissioners also hold regular public meetings at the Districts headquarters, and participate in joint meetings with municip4 and county officials. • An appointed Director, who serves as chief administrator, manages the District on a day-to-day basis. The Director is responsible for managing three divisions` Planning and Projects, Engineering, and Maintenance Operations, which combined, total over 300 employees. CITY OF MERIDIAN CITY COUNCIL PUBLIC HEARING SIGN-UP SHEET DATE October 1, 2013 ITEM # 8D PROJECT NUMBER PROJECT NAME CDBG PY2013 Action Plan I PLEASE PRINT NAME I FOR I AGAINST I NEUTRALI OCT 0 1 2013 CITY Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Mayor's Office: Resolution No. 1-3 _ 54 : Appointment of Steven Cory to Seat 4 and Nancy Mann to Seat 5 of the Meridian Solid Waste Advisory Commission MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. 13 " 15 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING STEVEN CORY TO SEAT 4 AND NANCY MANN TO SEAT 5 OF THE MERIDIAN SOLID WASTE ADVISORY COMMISSION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 6 establishes the Meridian Solid Waste Advisory Commission, its members and terms of their appointments; and WHEREAS, Steven Cory was appointed in October of 2010 to Seat 4 with a term to expire on September 30, 2013 and Nancy Mann was appointed in October of 2010 to Seat 5 with a term to expire on September 30, 2013; WHEREAS, Steven Cory may be reappointed to Seat 4 to a term of 3 years to expire September 30, 2016, and Nancy Mann may be reappointed to Seat 5 to a term of 3 years to expire September 30, 2016; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective reappointment of Commissioners Steven Cory and Nancy Mann as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Steven Cory shall be reappointed to Seat 4 of the Meridian Solid Waste Advisory Commission, which term shall run through September 30, 2016. Section 2. That, effective immediately, Nancy Mann shall be reappointed to Seat 5 of the Meridian Solid Waste Advisory Commission, which term shall run through September 30, 2016. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. ADOPTED by the City Council of the City of Meridian, Idaho, this I day of October, 2013. APPROVED by the Mayor of the City of Meridian, Idaho, this I Say of October, 2013. RESOLUTION REAPPOINTING CORY AND MANN TO SOLID WASTE ADVISORY COMMISSION -PAGE 1 OF 2 APPROVED: Mayor Tam d Weerd ATTEST: By: — Jaycee FQman, City Clerk w °r �i�E IDIAN�- ^P JA:IgL W 2TF �4 �Ae'fRF Lq Pi RESOLUTION REAPPOINTING CORY AND MANN TO SOLID WASTE ADVISORY COMMISSION -PAGE 2 OF 2 Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: 9B PROJECT NUMBER: ITEM TITLE: RESOLUTION NO. Mayor's Office: Resolution No. 3 9 515 :Appointment of Phillip Liddell to Seat 1 and Treg A. Bernt to Seat 2 of the Meridian Parks and Recreation Commission MEETING NOTES 1t� APPROVED Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN RESOLUTION NO. - % 55 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA A RESOLUTION OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF MERIDIAN REAPPOINTING PHILLIP LIDDELL TO SEAT 1 AND TREG A. BERNT TO SEAT 2 OF THE MERIDIAN PARKS AND RECREATION COMMISSION, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Meridian City Code Title 2, Chapter 2 establishes the Meridian Parks and Recreation Commission, its members and terms of their appointments; and WHEREAS, Phillip Liddell was appointed in October, 2010 to Seat 1 with a term to expire on October 31, 2013 and Treg A. Bernt was appointed in October, 2010 to Seat 2 with a term to expire on October 31, 2013; WHEREAS, Phillip Liddell may be reappointed to Seat 1 to a term of 3 years to expire October 31, 2016, and Treg A. Bernt may be reappointed to Seat 2 to a term of 3 years to expire October 31, 2016; WHEREAS, the City Council of the City of Meridian deems it to be in the best interest of the citizens of the City of Meridian to approve the respective reappointment of Commissioners Phillip Liddell and Treg A. Bernt as recommended by Mayor De Weerd and described herein; NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MERIDIAN CITY, IDAHO: Section 1. That, effective immediately, Phillip Liddell shall be reappointed to Seat 1 of the Meridian Parks and Recreation Commission, which term shall run through October 31, 2016. Section 2. That, effective immediately, Treg A. Bernt shall be reappointed to Seat 2 of the Meridian Parks and Recreation Commission, which term shall run through October 31, 2016. Section 3. That this Resolution shall be in full force and effect immediately upon its adoption and approval. 2013. S'r ADOPTED by the City Council of the City of Meridian, Idaho, this I day of October, RESOLUTION REAPPOINTING LIDDELL AND BERNT TO MERIDIAN PARKS AND RECREATION COMMISSION -1 OF 2 APPROVED by the Mayor of the City of Meridian, Idaho, this I day of October, 2013. ATTEST: U-2 APPROVED: Mayor Tamyrfy�fle Weerd ' V, PgED AU°U f 4 r � ,q Ciryof � IO0.110 Jaycee 11 1 an, City Clerk SEAL W r r/. P rFR PE` '�IAe iAti X50 RESOLUTION REAPPOINTING LIDDELL AND BERNT TO MERIDIAN PARKS AND RECREATION COMMISSION -2 OF Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: 9C PROJECT NUMBER: ITEM TITLE: SWAC RECOMMENDATION Solid Waste Advisory Commission: SWAC Recommendation on the Renewal of the Solid Waste Franchise Agreement with Republic Services for FY2014 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 To: The Mayor and City Council, City of Meridian From: Steve Cory, Chairman, Solid Waste Advisory Commission (SWAC) Date: September 26, 2013 Re: SWAC Recommendation on the Renewal of the Solid Waste Franchise Ac_reement with Republic Services for FY2014 Purpose: Per City Council instructions, the Solid Waste Advisory Commission (SWAC) completed its review of Republic Service's performance during FY2013 in order to make a recommendation whether or not to approve the automatic renewal beginning October 1, 2013 of the Franchise Agreement with Republic Services for FY2014. While conducting the current review, SWAC relied upon its firsthand experience working with Republic Services on a variety of matters this past year, and the following information: 2012 Republic Services Annual Report, 2013 First and Second Quarter Reports, and various input from City staff and the community as outlined below. Findings: 1. FYI represents the first full year of Republic Services providing franchised solid waste collection services to the City. City Council approved the assignment of the City's Franchise Agreement with SSC to Republic Services on March 13, 2012 (Resolution 12- 844). The assignment took effect on April 1, 2012. 2. Growth in the number of residential and commercial customers engaged in recycling continued in FYI 3. All of the major recycling programs in Meridian showed increases in volume during 2013. Over the last four quarters, there was an impressive increase in volume of collected commercial recyclables totaling 1,243 tons. The City of Meridian's commercial customers averaged 311 tons per quarter and finished Q2 of 2013 with 323 tons! The residential sector saw an increase as well. Residents recycled 4,090 tons over the last four quarters. Residents averaged 1,023 tons per quarter and finished Q2 of 2013 with 1,050 tons. Republic Services collected a total of 340 tons of leaves during Meridian's three-week residential curbside Fall Leaf collection program. There is no additional cost to customers for this program. 4. Republic Services collected a total of 602 tons of trash during the Christmas unlimited collection week. This was 8 tons less than the week before and the week after Christmas unlimited collection week. a. Republic Services collected a total of 2,586 Christmas trees for recycling. The average Christmas tree weighs 50 pounds, therefore the estimated weight is 65 tons. Republic Services collected a total of 830 tons of trash during Meridian's Spring Clean Up week. This was 68 tons more than the week before and the week after Spring Clean Up. There is no additional cost to customers for this program. 6. Republic Services collected a total of 3 trash trucks, a box truck full of old televisions and multiple construction boxes with trash, wood and 30 cubic yards of material at the Old Town Clean Up. There is no additional cost to customers for this program. 7. Due to continued downturn on commodity prices, Republic Services was only able to return $1,965.25 of residential recycling revenue to the City in FYI 3. The extended downturn in secondary markets throughout FYI has had a dramatic negative impact on the Community Recycling Fund balance. The current balance is $ 264.84. 8. In an effort to find new revenue sources for funding the Meridian Community Recycling Fund, Republic Services agreed to return 80% of its commercial recycling revenue for recycled materials collected from the City's parks (Settlers Park, Heroes Park and Julias Kleiner Park) which provide recycling containers for the public. Additionally, Republic and SWAC are working through the details of expanding this commitment to include all City parks with recycling containers within. 9. In addition to performing its contracted duties, Republic participated in the development of the City's adopted Commercial Recycling Exemption to City's Solid Waste Ordinance in order to balance competing interests of independent commercial recycling services within the City limits. Republic's participation in the process was vital to the development of the exemption. 10. In response to customer demand, Republic Services launched a subscription -based Grass Recycling Pilot Program in Meridian, Boise, and Eagle. Meridian's customers make up 62% of the total number of customers participating in this new program. Republic Services agreed to keep track of all the relevant data and will report back to SWAC at the end of the Pilot Program year. 11. Republic Services made several presentations to SWAC and City Council throughout the year to keep the City apprised of a variety of matters including the demise of the Dynamis Waste -to -Energy project at the Ada County landfill, the potential impact on tipping fees/rates by the installation of scales at the landfill, the status of the Republic Services future material recovery facility, the history of the City's free Sharps container and Household Hazardous Waste programs, comparison of local rate structures per a citizen's inquiry, secondary market fluctuations, and periodic status reports on Boise's glass beverage container recycling program. 12. Republic Services participated with SWAC to promptly solve a residential customer's request to decrease early AM noise by changing the recycling container's metal lid to plastic and instructing the driver not to bang the container to loosen materials at the bottom of it. 13. Republic Services worked with City staff to develop a one-page layout of Meridian's residential curbside programs to distinguish them from Boise's which will be a handy reference tool for customer service representatives, City staff, SWAC commissioners, and the public alike. 14. During the course of preparing its annual report on rates, Republic Services worked with City staff to change the format and content of the rate schedule to be more transparent and informative. Conclusion: Based on its findings SWAC concluded that Republic Services provided services in addition to its contracted duties and responsibilities and performed them above and beyond the manner and standard prescribed in the Agreement. As a result of its review, SWAC voted at its meeting on September 25, 2013 to recommend approval of the automatic renewal of the Franchise Agreement with Republic Services for FY2014. Steve Cory, Chairman Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: ANNUAL CLOSE OUT REPORT Solid Waste Advisory Commission (SWAG): Annual Close-out Report for the FY 13 Community Recycling Fund 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 E IDIAN�- Public Works Department I D A H O Environmental Division DATE: September 27, 2013 Mayor Tammy de Weerd City Council Members: Keith Bird Brad Hoaglun Charles Rountree David Zaremba TO: Mayor Tammy de Weerd, Councilman Bird, Councilman Hoaglun, Councilman Rountree, Councilman Zaremba FROM: Mollie Mangerich, Environmental Programs Manager RE: FY13 Meridian Community Recycling Fund Report Four applications were received and approved for funding by the City Council during FY13. The Meridian Community Recycling Fund awarded $50,977.50 of which $50,135.50 was spent. Project and expenditure summaries: City of Meridian Parks and Recreation Department Project #1 Title: Recycling Containers installed at Heroes & Julias Kleiner Parks Total MCRF Request: $15,575.00 Total MCRF Dollars Spent: $14,773.00 Revert to MCRF Account: $ 802.00 This application was approved as a "SWAC Project' therefore, no cash match was required. Twenty four recycling containers were purchased and installed at both Heroes and Julias Kleiner Parks. Recycling containers are installed next to trash receptacles and located at shelters and concessions stands. Heroes Park Julias Kleiner Park Project #2 Title: Total MCRF Award: Total MCRF Dollars Spent: 8`n Street Playground Equipment $21,500.00 $23,801.08 The playground equipment has been purchased and is manufactured from 50% postconsumer plastics. Installation will occur by November I". Delays were experienced due to first round of bids coming in over budget and the project was rebid. The Parks and Recreation cash match of $8,260.00 will be fulfilled and paid invoices provided to SWAC at time of installation. Parks will return to SWAC with photographs of the equipment and signage when installed this fall. Meridian Youth Baseball Project Title: Total MCRF Award: Total MCRF Dollars Spent: Aluminum Bleachers at Settlers Park Baseball Complex $8,902.50 $8,902.50 Meridian Youth Baseball fulfilled their cash m Recycled aluminum bleachers MCRF signage City of Meridian Environmental Division Project Title: Graphics Animation "It Starts at Home — Solid Waste & Recycling Services in Meridian" Total MCRF Award: $5,000.00 Total MCRF Dollars Spent: $5,000.00 The funding assisted in the completion of a Storyboard process with the consultant and the development of draft graphics to be used in the Animation. A presentation was given to Public Works leadership and SWAC members to get their feedback and input. The project will be completed in FY14. It starts at home ® [Q ® ® -.. emo Meridian Arts Commission (MAC) Project Title: Split Corridor Art Project Total MCRF Award: $20,000 Total MCRAF Dollars Spent: $ 0 The funding was awarded in the fall of FY 12 with a deadline for completion by the end of FY 13. The MAC provided an update to the Solid Waste Advisory Commission on September 25, 2013 with a request to extend the funding due to delays in the RFP process and decision-making process. After much discussion the SWAC unanimously approved a motion to grant the MAC`s request to extend funding provided that: "The Meridian Arts Commission (MAC) receives a final decision by City Council regarding the selected artist/piece on October 1, 2013, or as soon thereafter as possible, but no later than December 31, 2013. In the event that MAC does not receive that approval within the time specified, City Council will approve the refund of the $20,000 back to the Meridian Community Recycling Fund. " EI Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: MERIDIAN ARTS COMMISSION SPLIT CORRIDOR ART PROJECT Meridian Arts Commission Recommendation - Meridian Split Corridor Phase 2 Public Art Project MEETING NOTES 7��iQA:Ix,� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian Commission August 30, 2013 Meridian City Council 33 E Broadway Meridian, Id 83642 Dear Madam Mayor, Chairman Hoaglun, and the Meridian City Council After much thought, deliberation, and a thorough review of the process regarding the three proposals forthe Meridian Split Corridor Public Art Project, it is the desire of the Meridian Arts Commission to re -recommend the C.J. Rench proposal "Under the Sun and Dreaming" to be installed at the South parcel of the Meridian Split Corridor. This correspondence outlines the complete scope of work that you requested, including the information and the rationale supporting the recommendation. 1. Information considered to support the recommendation A. The Selection Panel recommendation was to reject the proposals and commission two particular pieces. MAC considered, but did not feel comfortable from a business standpoint and from an artistic standpoint and rejected this recommendation. B. Public comment was not meant to be a public vote but a public comment. It was a learning process; we would do several things differently for future public art projects. 2. Reasoning used to support the recommendation A. Rench's budget considers engineering and fabrication B. Rench's proposal reflects sophisticated level of public art experience C. His experience outweighs other factors; the City of Meridian is relatively new at public art—artist's experience adds predictability to this project D. Rench's proposal is professional; reflects understanding of technical/maintenance requirements E. Proposed piece is innovative, interesting, excitingly new F. Design points to Meridian's history, present, and future G. Symbolism more complete than the others - history, Birds of Prey, etc. H. Public can perceive generalities of the piece at a glance i. Enduring — solid look, futuristic; engenders ongoing interest J. Maintenance is a major concern; this proposal minimizes maintenance As a volunteer commission we are grateful for the opportunity to help select this important piece of public art. We have spent many, many hours reviewing and rethinking this proposal, and with a unanimous decision we are confident with the selection. We realize that the decision to move forward with this project now lies with council and we hope this recommendation will assist in making that decision. We look forward to presenting this project and will gladly answer any questions that you might have concerning the recommendation. Respectfully, Mary Jensen (Chair) Leslie Mauldin (Vice -chair) Nancy Rountree Dwight Williams Brian Schreiner Stephanie Barnes Meridian Arts Commission �4r iye� yc c .ey�i — i a 1 ^� v 3 �' V- O a Sal - 10 a d t f6 N W 42 �/� i � d 1 ii1 H a21 :.; O 'i. N O1 rI � W M � c ✓ ® F1 r rn F 3 Waj U -- U U W ® F a � c o= m °' S= E v .. .n 4 E g! m r3o v , is 'g m m '^ .c. wcEmm Es„°'moaa a�cc ^*;: ' N C m ++ m m L K N N O° ^ O 1V/1 > '6 N Y 0 m u tu N F UI O Ol 10 cv G° n o c c o. j u�� v of g u oa'o a m o ,9 m 9 u ++ C C O i° m C J C N :6 ” N— m U ❑ E .3i o m ,•c, m a s c m y �^ C y c m .a c w v v "° v o m 'u t' r m m o o> > ^' m' m mE�aRv voihs Qso oma°'°a o m- E '„ c �ovmc«= U0 00 w0No uu .?u23o $ E 4 «uma>; vi •� s"w �o°15Es° o�.�mQ-°°�Euc `Eavvv3�o•,a�°_• >°c'ov vou"o-`c°��,°k uo ='_rnm o''°'wYw wwoo,rm •:Uip4 �� ,° m 'or v N w o 3 « o rn m a Pf vm5 m22Q aa. 6>v w o n. vo>.E s"- mea `m u taco .n ._kw oYE�cE .N os N m °- m u rn y `c° E o 'c w `opo- « .3 u w° °a. o °' E°« { 003° a c E=o3ccoa oma mam „° a N v �° 4= u a o m :R� o 5 m 01. N E w m c P °O °S"°3 o c I y 541-399-3830 C JR,. D Co. m fs'(514STUPIO Co.. "Under the Sun and Dreaming" Art proposed by C.J. Rench - CJRDesign - 541.399.3830 wwW.cjrdesignstudio.coin 1457 Barker Rd. flood River, Oregon 97031 comic cjrdesignstudio.com Concept Statement: Cities; at their best, help shape the.next storyof the state in which it resides. They are full of history and of new. promises. "Under the Sun and Dreaming' captures Meridians past and present, the abstract elements.within the sculpture -birds of prey, open skies, orchards, recreation, abundant sun, and a strong connection to natural resources are easily recognizable, playful in nature and visually balanced. "Under the Sun and Dreaming"draws on not only the historical past but also the cultural present and invites viewers to re -visit in their own imaginations What Meridian is, was and will can become. Farms, Color & Meanings "Under the Sun and Dreaming" will be a twenty -seven -piece monumental stainless steel sculpture standing thirteen feettall and twenty Feet wide. Borrowing from Meridians past and present, the abstract elements within the sculpture - birds of prey, open skies, orchards, recreation, abundant sun, and a strong connection to natural resources are.easily recognizable and playful in nature. The colors will be the reflections of the natural surroundings and light of the day off the textured stainless steel. Project Details: Sustainability / recycling; Indirectly the sculpture touches on the themes of sustainability and recycling by highlighting all the wonderful natural elements of the area; thus reminding.the viewers of the importance of maintaining our natural resources, With recycling being a key element of the Meridian project, combine with our commitment to sustainability, we will use amininium of 10% and up to 30% recycled stainless steel to complete the fabrication of the sculpture. Materials Stainless steel is the chosen material for "Under the Sun and Dreaming" for it's timeless artistic quality, it's maintenance free aspect and ifs proven record in public sculpture. We will use a minimum of 10% and up to 30% recycled stainless steel to complete the fabrication of the sculpture: • 12 & 16 Gauge Stainless steel. Internal engineeringg forms stainless&mild steel TBD. ® If Kinetic movement is executed it will be done with thrust bearings. Construction: All forms will be constructed out of stainless steel in hollow form manner with internal supports for engineering. The mounting will be a slip-on mount (via a hoist) with all the mounting hard -wear hidden from view once the installation is completed. All fabrication done in CJRDesign Hood River studio. Finish: • Each form will be textured to follow the lines of the forms. Thus creating various textures and movement in the sculpture. At CJRDesign if color is used we use a two-part hi polymer epoxy finish. This is the only way we can have confidence in the longevity and UV resistance of ourworks. We pride ourselves on providing our customers longterm maintenance free works of art! Approximate Size J Weight: The sculpture will be approximately 13' feettall and 20'+ feetwide with the thickness of the forms ranging from 18" to 26"inches. Approximate weight 42000 lbs total. Location: Taking a long look at both the North and South sites that are available for placement of art. I decided to focus on the main entrance, the South site, for a few reasons. One, the North site would not have the overall "Wow" impact or be viewable from multiple sides as the South site will have. Second, a sculpture designed at the proper scale to fit the North site will certainly create a visual barrier and a distraction to the drivers. Finally the orientation to the sun at the North site also leaves a sculpture continually back lit and unfortunately the best view from the neighboring parking lot. • Looking at the site and potential I feel it is more important to place a monumental iconic sculpture that can spotlight the arts and culture of _Meridian and continue to introduce visitors and locals alike to all that Meridian has to offer. Landscaping: The sculpture, by its shear size, lends itself to either zero-scaping, native planting or minimal landscape for better sustainable water conservation. The landscape I would propose for the site would be a few berms and mounds carefully placed to frame and or possibly lift the sculpture. Site Prep: CJRDesign will • Identify any and all plantings that need to be moved or removed by the city or landscapers. • Identify (with help from the City) the location and angle of the cement - mounting pad. • Engineer and have the cement pads and male mounting pipes set in place. • Provide the City the necessary engineering for the pad or pads to be poured. Maintenance: Using stainless steel provides an extremely durable and low maintenance finish with strong stain resistance. When the shine or finish start to loose the sparkle I recommend using a Zepp stainless steel cleaner found at most home stores like Home Depot. Just spray this on to all the stainless steel and then wipe off with a soft towel. • One of the many reasons I like to use the Zepp is it leaves an oily coating on the sculpture and this is a great deterrent for people that think climbing on the art is a good idea. • Tagging: if the Stainless steel gets tagged with paint or some other substance, you can simply use Acetone to remove the marks and then clean again with a Stainless cleaner. • Subcontractor/Supplier? Professional Services List: • Engineering - All Structures Engineering, Taggard OR. • Laser Cutting - B& B Steel Canby, OR. • Misc. Materials - Alaskan Copper / American Steel • Crane / Hoist rental - TBD (local preferred) Possible Timeline: Mid July 2013 Contract Signed* First invoice (50% budget) First payment received Final Design & Engineering, **Materials ordered and purchased. Sept. 2013 Receive materials / Begin Fabrication, Nov. -Dec. 2013 Mid fabrication photos sent * receive second payment (30% budget) Spring 2014 Site Prep/work with the city on the bases or pedestals. May 2014 Delivery & Installation Final Invoice (20% budget) Final payment received and Dedication. *Timeline is contingent on signing of contract & first payment. If either of these events is delayed, our schedule will delay accordingly. **Materials and Engineering will be ordered and purchased only after first payment is received. Selection Committee: Design and scale: As I set out to develop a sculpture for the Split Corridor, project, 1 wanted to design a work that would place the arts and culture of Meridian in the national spotlight. A monumental community valued sculpture that would be iconic for the city of Meridian and quickly bring Meridian equal to or above much bigger cities showing its commitment to arts and culture. I believe a monumental work as complex, unique and timeless as "Under the Sun and Dreaming" can accomplish these lofty expectations. Dimensionally: Each form will have much more dimensionality then I can make in a small flat model. I'll try to explain, as you look at the top horizontal form of the skyline and wind, when this is built it will look more like a ribbon where the tail crosses over the top of the length, so it will not be one flat surface like the model. Many other forms are built out this way also. Open option 1: Kinetic? Looking over the sculpture there are a few possibilities for kinetic elements, if you as the committee feel it will not be a distraction for the drivers. The bird of prey on the left side and or the cloud could be kinetic. These elements would spin in a breeze and can both be done with -in the budget. I don't feel this would be distracting to the drivers but it would add a level of interaction with the sculpture always changing. I leave this decision up to you. Open option 2: Color? While designing the sculpture I picked stainless steel for the piece for a few reasons. • Zero maintenance, no fading or touch up, easily cleaned when tagged. • Exciting, constantly changing reflections all yearlong. • Timeless presentation with a richer more expensive look. However, if as a committee you feel that a few or all the pieces would fit Meridian better as a color this is absolutely possible. We can paint one, two, three or all pieces, one or multiple colors. This is all possible also with -in the budget and is up to you. Thank you for allowing me to be part of this process, I hope you enjoy "Under the Sun and Dreaming" as much as I enjoyed designing a piece specifically for my old home area. Enjoy! My Best .1 Kfeet tall Fa »icefit Fp X 20'wide $42,000.00 r800;OO A870.00.... 4. j 81*0.00 4 > 0,00 .1,55 p800 0-0 Josooo 500 .00 51 50. 00 54]-399-3830 C)RDESIGNSTUDIO.COM Meridian City Council Meeting 9 F DATE: October 1, 2013 ITEM NUMBER: ,W PROJECT NUMBER: ITEM TITLE: P&R BUDGET AMENDMENT Parks & Recreation Department: Budget Amendment in the Amount of $15,000.00 for Completion of the Park Dedication Plaque 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 2 Q 0 0 O N I P Q m 0. N � a p U.c [ VqI 4- D Q E 0 3 N 4G. C C E � a m N m D S u V S O C N w m- m a m 3 Z (D a n m O d _ [ L T% 0 0 :m W cuaOr C L c o r > N 0, mo m o 31 N m N ° m 0 t 1/) m m'« U a a 0 [ m m E o C p a II a C a a) Q o w 0 •D E N a ZI w W Cl. N m g N ID « N p u m LU C. 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Hf Vi EA-: W o Or O 7 0 E c q N m T' r � oo m N E A� U C w N T m E N 3 0 � CO LL 46 a E E E ci (D m0 F- N - U Y -25 0 0 ti aN � m m UW E� z E o �a�� LLa�oWZ � z m U z 9 N Y y_ o OIDO �N 0. Mv1w o O o t 0 o a u U c N � vvvaa o Q O Q �aaa o a 0 W 0 Y } d d X O 6. W o Or E q T' r � A� j X v � U Y � 9 z c U 9 W 0. c o O N t Q O o Meridian City Council Meeting 9 &7 DATE: October 1, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: PARKS CODE UPDATE Parks & Recreation Department Report: Parks Code Update MEETING NOTES ,;,k� Sl'y� Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting q 1+ DATE: October 1, 2013 ITEM NUMBER: PROJECT NUMBER: ITEM TITLE: ORDINANCE NO. Parks and Recreation Department: First Reading of Ordinance No. 13 - I5`11 : Parks and Recreation Code Update MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS CITY OF MERIDIAN ORDINANCE NO. I3 _ X57 1 BY THE CITY COUNCIL: BIRD, HOAGLUN, ROUNTREE, ZAREMBA AN ORDINANCE REPEALING AND REPLACING TITLE 13, CHAPTER 2, REGARDING PARKS AND RECREATION REGULATIONS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the mission of the City of Meridian Parks and Recreation Department to enhance the community's quality of life by providing well-designed and properly maintained parks and recreational opportunities for all citizens; and WHEREAS, pursuant to the recommendation of the Meridian Parks and Recreation Commission and the Director of the Meridian Parks and Recreation Department, the City Council of the City of Meridian finds that the following ordinance will advance the mission of the Department, preserve City of Meridian park facilities for long-term use; promote recreational opportunities for the community; and protect the health, safety, and welfare of the residents of Meridian and all City park users; NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MERIDIAN, IDAHO: Section 1. That Title 13, Chapter 2, Meridian City Code, shall be repealed, and replaced with the following language. Title 13 -PARKS Chapter 2 -PARKS AND RECREATION REGULATIONS SECTION 13-2-1: PARKS AND RECREATION DEPARTMENT CREATED: There is hereby created an administrative department within the City to be known as the Meridian Parks and Recreation Department. SECTION 13-2-2: DEFINITIONS: For purposes of this chapter, the following terms shall be defined as follows: A. ADMINISTRATIVE POLICY: A written policy, rule, or practice of the Meridian Parks and Recreation Department, approved by the Director and by resolution of City Council, concerning the administration, regulation, or operation of park amenities, recreational programming, or other function of the Department. B. CITY PARK: Any and all designated park or recreational lands or facilities that are open to or accessible by the public and are owned by the City of Meridian. C. COMMISSION: The City of Meridian Parks and Recreation Commission. D. CONTRACT CONCESSIONAIRE: A person or entity who sells, trades, gives away, or offers or displays for sale, trade, or giveaway, any good or service pursuant to a currently effective, written agreement with the City of Meridian. E. DEPARTMENT: The Meridian Parks and Recreation Department. PARKS AND RECREATION CODE PAGE 1 OF 16 F. DIRECTOR: The Director of the Meridian Parks and Recreation Department or his/her designee. G. DIRECTOR'S ORDER: A written or verbal order of the Director establishing a decision or directive regazding a specific inquiry or issue concerning the administration, regulation, or operation of pazk amenities, recreational programming, or other function of the Department. H. MOBILE Sour KITCHEN: A temporary establishment, conducted by a nonprofit organization exempt from federal income tax under 26 U.S.C. sections 501(c), engaged in the preparation and provision of food to and/or for the needy, including persons who by reason of age, disability, or illness are unable to prepare meals for themselves. I. OUTDOOR MARKET. See definition of "Outdoor Market" in Meridian City Code Title 3, Chapter 4. PARK AMENITY. Any facility, physical space, ]and, recreational or utilitazian equipment, infrastructure, building, plant, landscaping, field, sports complex, swimming pool, golf course, trail, pathway, or other attraction, whether natural or manmade, that is in and/or part of a City Park. 1. RESERVABLE PARK AMENITY. A Park Amenity that maybe reserved by prior arrangement with the Department and payment of any required fee. 2. NoN-RESERVARLE PARK AMENITY. A Park Amenity that may not be reserved, as specifically designated as such by the Department, or as may be implied by omission. K. PRIVATE GATHERING. A gathering of persons not open to the general public. L. SHORT-TERM CONCESSIONAIRE: A person or entity in any City Park who sells, trades, gives away, or offers or displays for sale, trade, or giveaway, any food or beverages. M. SPECIAL EVENT. See definition of"Special Event" in Meridian City Code Title 3, Chapter 4. N. SPONSOR. A person or entity allowed or engaged by the Department to provide monetary or in- kind support for a Department event, program, or facility. SECTION 13-2-3: DIRECTOR OF PARKS AND RECREATION: There is hereby established the office of Director of Parks and Recreation, who shall be appointed as set forth in Title 1, Meridian City Code, and who shall superintend, direct, and manage the Meridian Parks and Recreation Department. In addition to those powers, duties and functions necessarily or fairly implied or incidental to, or those essential to, the management of the Department, the Director shall have the following expressly delegated and specified powers, duties and functions: A. Exercise general supervision of Meridian public parks, recreational programming, all officers and employees of the Department, City forestry, and the acquisition, planning, protection, operation, maintenance, development and use of public parks and other properties, buildings or facilities as may be assigned to the Department. B. Where necessary for the efficient management and oversight of parks and pazk amenities, adopt, and make available to the public, Administrative Policies or Director's Orders, which shall have the effect of law upon their approval and adoption by resolution of the Meridian City Council. C. Prepare, and submit to City Council for approval, an annual budget for the operation of the Department. PARKS AND RECREATION CODE PAGE 2 OF 16 D. Supervise and direct all officers and employees in the Department, including the implementation and establishment of employee performance standards and procedures for employees of the department, including, but not limited to establishment of a dress code, duties assigned to the department's employees and procedures and protocols for the conduct and operation of day to-to- daypark and facility maintenance and upl{eep. E. Furnish and provide, upon request of the Mayor, City Council, or any other department, reports, services, labor, materials and information as maybe requested and as resources permit. F. Perform such other functions and duties as required of him or her by the Mayor, the City Council and ordinances now in existence or hereinafter enacted. SECTION 13-2-4: USE OF PARK AMENITIES: A. Parks to be regulated. No person in any park shall fail or refuse to comply with directions given by police officers or duly authorized representatives of the Director in regulating the time, place, and manner of any activity in any park when necessary to maximize use and secure the comfort or convenience of all park users. B. Regulations for Use and Reservation of all Park Amenities. The following regulations regarding the time, place, and manner of the reservation and use of all Park Amenities shall apply generally to the use of any and all Park Amenities. 1. First come, first served. Unless reserved in accordance with Department procedures and policies, all Park Amenities shall be available on a "first come, first served" basis. No person shall be authorized to use any unreserved Park Amenity to the exclusion of other persons or uses except at such time at which and by such person by whom a Park Amenity is reserved pursuant to the provisions of this chapter. 2. No admission to be charged. No person or organization, including a person or organization with a reservation, may charge admission to any Park or Park Amenity without written permission of the Director. C. Regulations for Use and Reservation of all Reservable Park Amenities. In addition to the regulations applicable to the reservation and use of all Park Amenities as set forth above, the following regulations regarding the time, place, and manner of the reservation and use of Reservable Park Amenities shall apply generally to the use of any and all Reservable Park Amenities. 1. Reservation request procedure. Any person or organization may request that the Department reserve a Reservable Park Amenity for its lawful use. Upon receipt of such request and payment of applicable fees as established by fee schedule, the Department shall reserve Reservable Park Amenities at the time and place, in the manner, and according to the procedures for equitably allocating reservations as enumerated by Administrative Policy. 2. Limited scope of reservation. The authority to exclude other persons or uses from a Reservable Park Amenity extends only to that imparted by the specific terms of a valid reservation. The Reservable Parl{ Amenity specified on a written reservation shall be the only Park Amenity reserved by and for the reserving organization. In no case shall the reservation of a Reservable Park Amenity impart authm•ity to physically touch or remove any person, object, or use from a shelter, or to violate any other provision of law. 3. Insurance may be required. Any person required to maintain liability insurance coverage as specified in this Chapter or by any other applicable law, policy, or permit shall maintain such coverage at all times during such party's use of a Reservable Park Amenity. 4. Reserved Park Amenity to be left in same condition. Reserving parties shall leave reserved Park Amenities clean of debris and in the same condition after use, which duty shall include the PARI{S AND RECREATION CODE PAGE 3 OF 16 disposal of waste, garbage and other refuse in disposal receptacles provided. If no such trash receptacles are available, then the reserving party shall remove its refuse and trash from the park area upon vacating the park. Upon violation of this section, in addition to other civil and criminal remedies, the Department may deny or revoke subsequent reservations to the violating person or organization. 5. Commercial use of Reservable Park Amenities -goods and services. Except as otherwise allowed by Director's Order or written permit, during any reservable time, no person shall use a Reservable Park Amenity to sell or offer for sale any good or service that a CONTRACT CONCESSIONAIRE sells or offers or displays for sale at that Park. Provisions of this Chapter regarding Specific Regulated Use of Parks may also apply to sales of goods or services in Parks. 6. Commercial use of Reservable Park Amenities -recreation. Except as otherwise allowed by Director's Order or written permit, during any. reservable time, no person shall use a Reservable Park Amenity to sell or offer for sale any recreational programming that is available to the public from or offered to the public by the DEPARTMENT at that Park. SECTION 13-2-5: SPECIFIC REGULATED USES OF PARKS: In addition to laws of policies of general applicability, the following standards regarding the time, place, and manner of operation or occurrence of these specific Park uses shall also apply. A. Special Events and Outdoor Markets. A Special Event or Outdoor Market, as such terms are defined in Title 3, Chapter 4, Meridian City Code, shall be allowed in a Park subject to compliance with each and all of the following regulations on the time, place, and manner of operation of such use. 1. Temporary Use Permit required. No person shall operate a special event in a Park without first obtaining a Temporary Use Permit and/or Citizen's Use Permit, as applicable, from the City Clerk's Office. 2. Short-term Concession Permit not required. Short-Term Concessionaires specifically enumerated and permitted under a City of Meridian Temporary Use Permit are not required to obtain aShort-Term Concession Permit. 3. Reservable Park Amenity reservation required. Where a Special Event is occurring at, utilizing, or would impede the typical use of a Reservable Park Amenity, the organizer of the Special Event shall be required to reserve such amenity and all reservation fees shall apply. B. Mobile Sales Units. A Mobile Sales Unit, as that term is defined in Title 3, Chapter 4, Meridian City Code, shall be allowed to operate in a Park subject to compliance with each and all of the following regulations on the time, place, and manner of operation of such use. 1. Mobile Sales Unit License required. No person shall operate a Mobile Sales Unit in a Park without first obtaining a City of Meridian Mobile Sales Unit License from the City Clerk's Office and express, written approval from the Director or designee. 2. Director approval. The approval of the Director or designee to operate a Mobile Sales Unit in a Park shall be limited as to the Park(s), scope, and authority conveyed by such approval. The Director may decline to approve the application of any Mobile Sales Unit to operate in a Park where such Mobile Sales Unit: a. Is providing or offering services or programming otherwise available from the Department; b. Is providing or offering goods that a CONTRACT CONCESSIONAIRE sells at that Park; c. Is providing or offering goods, services, or programming that are incompatible with other lawful Park uses or Administrative Policy. PARKS AND RECREATION CODE PAGE 4 OF 16 3. Short-term Concession Permit not required. Short-Term Concessionaires specifically enumerated and permitted under a City of Meridian Mobile Sales Unit License to operate in City parks are not required to obtain aShort-Term Concession Permit. C. Short-Term Concessionaires. A Short-Term Concessionaire, as that term is defined in this chapter, shall be allowed to operate in a Park subject to compliance with each and all of the following regulations on the time, place, and manner of operation of such use. 1. Invitation required. It shall be unlawful to operate or act as a Short-Term Concessionaire in a Park without first obtaining a written invitation to operate such concession from the Director or designee. Such invitation must be expressly conveyed, and shall be nontransferable and limited to the scope and authority conveyed by such invitation. Such invitation maybe conveyed in the foam of a Reservable Park Amenity reservation. The Director may decline to extend an invitation to any Short-Term Concessionaire: a. Which is providing or offering services or programming otherwise available from the Department; b. Which is providing or offering goods that a City Contractor sells at that Park; or c. Which is providing or offering goods, services, or programming that are incompatible with other lawful Park uses or Administrative Policy. 2. Health Department approval may be required. No person shall operate as a Short-Term Concessionaire in a Park without first obtaining any and all licenses, permits, certifications, and/or inspections required by the Central District Health Department. 3. Amenity reservation may be required. Any person operating as a Short-Term Concessionaire in or upon a Reservable Park Amenity during a reservable time shall first reserve such Reservable Park Amenity with the Department, unless such Short-Term Concessionaire is operating under a City of Meridian Temporary Use Permit or City of Meridian Mobile Sales Unit License. 4. Short-term Concession Permit required. No person shall operate as a Short-Term Concessionaire in a Park without first obtaining aShort-Term Concession Permit from the Department, unless such Short-Term Concessionaire is operating under a City of Meridian Temporary Use Permit or City of Meridian Mobile Sales Unit License. a. Application for aShort-Term Concession Permit shall be made to the Department, and shall include a completed application form provided by the Department, which form shall include, but not be limited to: (1) The name, address, and tax identification number of the applicant, and/or, if the applicant is a partnership, company, or corporation, the name, address, and corporate or tax identification number of such entity. Addresses required by this subsection shall include both local and corporate addresses, as well as both physical and mailing addresses. (2) The names and addresses of all employees and/or persons who will be establishing, operating, or acting as under the Short-Term Concession Permit. (3) A description of the operations, including any goods and/or services to be sold, traded, given away, offered, displayed, and/or delivered, or any activities or events scheduled to occur, under the Short-Term Concession Permit. (4) A description of any and all motor vehicles to be used by or in the course of the operation, including license plate state and number, make, model, color, and other means of identification of such vehicle(s). (5) A description and/or schedule(s) of the hours, locations, and means at and by which activities, sales, trades, giveaways, offers, and/or displays will occur under the Short- Term Concession Permit. PARKS AND RECREATION CODE PAGE S OF 16 (6) Proof of an insurance policy, issued by an insurance company licensed to do business in Idaho, protecting the applicant from all claims for damages to property and bodily injury, including death, which may arise from operations under or in connection with the Short-Term Concession Permit. Such insurance shall name the city as additional insured and shall provide that the policy shall not terminate or be canceled prior to the expiration date without thirty (30) days' advance written notice to the city. Such insurance shall afford minimum limits of five hundred thousand dollars ($500,000.00) per person bodily injury, five hundred thousand dollaz•s ($500,000.00) per occurrence bodily injury, and one hundred thousand dollars ($100,000.00) per occurrence property damage. (7) Application fee as set forth in the Department's fee schedule, except that no application fee shall apply: (A) where applicant is or represents a nonprofit organization exempt from federal income tax under 26 USC section 501(c); (B) Where applicant is or represents a governmental entity; or (C) Where applicant is seeking aShort-Term Concession Permit for the purpose of conducting fundraising activities for a school or youth organization. b. Within twenty one (21) calendar days of receipt of a complete application for aShort-Term Concession Permit, the Department shall either issue aShort-Term Concession Permit to the applicant or deny the application. Where an application is denied, the Department shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this chapter. c. The City of Meridian Short-Perm Concessionaire Permit shall include, on its face: (1) The name(s) of the permittee and any employees and/or persons permitted to operate as a Short-Term Concessionaire under such permit; (2) The time(s), date(s), place(s), and manner at and by which the Short-Term Concession is permitted to occur; (3) Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare or mitigate effects on park users. D. Sponsors. A Sponsor, as that term is defined in this chapter, shall be allowed to operate in a Park subject to compliance with each and all of the following regulations on the time, place, and manner of operation of such use. 1. Invitation required. It shall be unlawful to operate or act as a Sponsor in a Park without first obtaining a written invitation to operate such concession from the Director or designee. Such invitation must be expressly conveyed, and shall be nontransferable and limited to the scope and authority conveyed by such invitation. The Director may decline to extend an invitation to any Sponsor: a. Which is providing or offering services or programming otherwise available from the Department; b. Which is providing or offering goods that a City Contractor sells at that Park; c. Which is providing or offering goods, services, or programming that az•e incompatible with other lawful Park uses or Administrative Policy. 2. Health Department approval required. No person shall operate as a Sponsor in a Park without first obtaining any and all licenses, permits, certifications, and/or inspections required by the Central District Health Department. PARKS AND RECREATION CODE PAGE 6 OP 16 E. Mobile Soup Kitchens. A mobile soup kitchen, as that term is defined in this chapter, shall be allowed in a Park subject to compliance with each and all of the following regulations on the time, place, and manner of operation of such use. 1. Short-term Concession Permit required. No person shall operate a mobile soup kitchen in a Park without first obtaining a Short Term Concession Permit from the Department. The Short Term Concession Permit fee shall be waived. 2. Amenity reservation may be required. Any person operating a mobile soup kitchen in or upon a Reservable Park Amenity during a reservable time shall first reserve such Reservable Park Amenity with the Department. The reservation fee shall not be waived. 3. Health Department approval required. No person shall operate a mobile soup kitchen in a Park without first obtaining any and all licenses, permits, certifications, and/or inspections required by the Central District Health Department. SECTION 13-2-6: GENERAL PARK REGULATIONS: Except as expressly authorized by the Director, the following prohibitions shall apply in all City Parks. These prohibitions shall not apply to police officers or MPR personnel acting in the course and scope of their duties. A. Incompatible uses. Uses incompatible with those enumerated herein, as determined by the Director, shall be prohibited. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. B. Airborne objects. 1. Model rockets. When other persons are present, no person shall launch a model rocket which is propelled by or includes a motor, black powder, composite propellant, or electric or explosive igniter. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. 2. Aircraft. Except by written order of the Director, no person shall launch, ride, land, tether, pilot, jump from, or dive from ahot-air balloon, airplane, helicopter, hang-glider, or other device designed for human flight. A violation of this provision shall be a misdemeanor. This provision shall not apply to miniature or toy versions of such aircraft, though other regulations may apply to the use of same. C. Alcohol. 1. Sale, provision, consumption, and/or possession. The sale, provision, consumption, and/or possession of alcoholic beverages shall be subject to the following requirements. a. Alcohol sold or provided at public event. Where a Special Event or Outdoor Market is held in a City Park, and such Special Event or Outdoor Market is open to or accessible by the public, alcohol maybe sold or provided only pursuant to the terms and conditions of a duly issued Temporary Use Permit and a Alcoholic Beverage Catering Permit from the City Clerk. It shall be unlawful for any person to sell or provide an alcoholic beverage in violation of this provision. A violation of this provision shall be a misdemeanor. b. Alcohol brought to public event from off site for personal consumption. Where a Special Event or Outdoor Market is held in a City Park, and such Special Event or Outdoor Market is open to or accessible by the public, alcohol that is brought to the Park for personal consumption maybe consumed or possessed within the boundaries of the Special Event or Outdoor Market only pursuant to the terms and conditions of a duly issued PARKS AND RECREATION CODE PAGE 7 OF 16 Temporary Use Permit and a Meridian Parks and Recreation Department Alcohol Permit. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. c. Alcohol sold or provided to attendees of private event. (1) Where TUP required. Where a Special Event or Outdoor Market is held in a City Park, and such Special Event or Outdoor Market is not open to or accessible by the public, alcohol maybe sold or provided only pursuant to the terms and conditions of a duly issued Temporary Use Permit and a Alcoholic Beverage Catering Permit from the City Clerk. It shall be unlawful for any person to sell or provide an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. (2) Where TUP not required. Where a private event not requiring a Temporary Use Permit is held in a City Park, and such event is not open to or accessible by the public, alcohol may be sold or provided only pursuant to the terms and conditions of an Alcoholic Beverage Catering Permit duly issued by the City Clerk. It shall be unlawful for any person to sell or provide alcoholic beverages in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. d. Alcohol brought to private event from off site for personal consumption. (1) Where TUP is required. Where a Special Event or Outdoor Market is held in a City Park, and such Special Event or Outdoor Market is not open to or accessible by the public, alcohol that is brought to the Park for personal consumption maybe consumed or possessed within the boundaries of the Special Event or Outdoor Market only pursuant to the terms and conditions of a duly issued Temporary Use Permit and a Meridian Parks and Recreation Department Alcohol Permit. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. (2) Where TUP is not required. Where a private event not requiring a Temporary Use Permit is held in a City Park, and such event is not open to or accessible by the public, alcohol that is brought to the Park for personal consumption may be consumed or possessed only pursuant to the terms and conditions of a duly issued Meridian Parks and Recreation Department Alcohol Permit. It shall be unlawful for any person to consume or possess an alcoholic beverage in violation of this provision. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. e. Park Alcohol Permit. 1. Application for a Park Alcohol Permit shall be made to the Department, and shall include the following: (a) A completed application form provided by the Department, which form shall include applicant's name, physical address, phone number, date of birth, and driver's license number; a description of the location at which alcohol will be served, consumed, or possessed; and the time of day, length of time, and date the alcohol is to be served, consumed, or possessed. (b) Permit fee as established by fee schedule. PARKS AND RECREATION CODE PAGE 8 OF 16 2. Upon receipt of a complete application for a Park Alcohol Permit, the Director shall refer the application to the Chief of Police or designee, who shall cause an investigation to determine the validity and completeness of the information therein. The Chief of Police or designee shall endorse upon the application the findings of the investigation and return it to the Director. 3. Within twenty one (21) calendar days of receipt of a complete application for a Park Alcohol Permit, the Director or designee shall either issue Park Alcohol Permit to the applicant or deny the application. Where an application is denied, the Department shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this chapter. D. Amplified sound. No person in any park shall operate or aid in the operation of a private radio, stereophonic or sound amplification device at a greater volume than sixty-two (62) decibels measured from such devices to a distance of twenty feet (20') therefrom, except as such device is otherwise allowed under a valid City of Meridian Amplified Sound Permit or Temporary Use Permit, in which case such device may be operated at a volume no greater than sixty-two (62) decibels measured from such devices to the perimeter of the City Park. 1. Application for an Amplified Sound Permit shall be made to the Department, and shall include a completed application form provided by the Department, which form shall include applicant's name, physical address, phone number, date of birth, and driver's license number; description of the location at which amplified sound will be used; and the time of day, length of time, and date the amplified sound will be used. 2. Within twenty one (21) calendar days of receipt of a complete application for an Amplified Sound Permit, the Department shall either issue an Amplified Sound Permit to the applicant or deny the application. Where an application is denied, the Department shall notify the applicant of such denial in writing, which shall include notice of the right to appeal such decision as set forth in this chapter. 4. The Amplified Sound Permit shall include, on its face: a. The name(s) of the permittee and any employees and/or persons permitted to use amplified sound under such permit; b. The time(s), date(s), place(s), and manner at and by which the Amplified Sound Permit is effective; c. Any and all other conditions of operation that are necessary to protect the public health, safety, and welfare or mitigate effects on park users. 5. A violation of this section shall be an infi•action, the penalty for which shall be $100.00 plus court costs. E. Boating, swimming or wading. No person shall boat, windsurf, swim, bathe or wade in any water or waterways, or pool in any park, except in such water and at such places as are provided therefor and incompliance with all applicable and/or posted rules and regulations. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. F. Camping. No person shall set up a tent, shack, or any other temporary shelter for the propose of camping, except by order of the Director, nor shall any person leave in a City Park after closing hours any tent, shack, movable shucture or vehicle that is or could be used for such purpose. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. PARKS AND RECREATION CODE PAGE 9 OF 16 G. Defacement and damage prohibited. No person in any park shall willfully mark, deface, disfigure, injure, tamper with, or displace or remove, any building, bridges, tables, benches, fireplaces, railings, paving or paving material, water lines or other public utilities or parts or appurtenances whatsoever, either real or personal, or have in his possession any of the foregoing things or objects, or any part thereof. A violation of this provision shall be a misdemeanor. H. Dogs. 1. Control of dogs. No person owning or having the care, custody, possession, or control of a dog shall permit or allow such dog to enter or remain except: a. Where such dog is controlled by a leash. b. Where such dog is confined in a motor vehicle. c. Where such dog is carried by such person owning or having the care, custody, possession, or control of such dog. d. At the Barlc Park and/or in such areas designated by the Department or Director as dog training and exercise grounds, subject to the rules and regulations therein and as may be prescribed. 2. Removal of fecal matter. No person owning or having the care, custody, possession, or control of a dog shall: a. Fail to have in his/her possession the equipment necessary to remove his/her dog's fecal matter when accompanied by said dog in any park. b. Fail to remove the fecal matter deposited byhis/her dog in any park before the owner leaves the immediate area where the fecal matter was deposited. A violation of this provision shall be an infraction, the penalty for which shall be $25.00 plus court costs. This provision shall not apply to: police officers and their service animals during the official performance of their duties; handlers of search and rescue animals during the official performance of their duties; or persons with disabilities utilizing assistance animals. I. Fences and Restricted Areas. No person in any park shall climb upon or go inside security fences, maintenance service areas, or other permanently or temporarily restricted areas. A violation of this provision shall be a misdemeanor. J. Fires. No person in any park shall light, build, or maintain a fire, except for culinary purposes in grills or fireplaces designated for such purpose, and no person shall leave the immediate area without first extinguishing such fire. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. K. Fireworks. No person in any park shall discharge, or have in his possession, any fireworks, except as specifically authorized by Director's Order. A violation of this provision shall constitute a misdemeanor. L. Fishing. No person shall fish in any waters in any City Park, whether by the use of a hook and line, net, trap, or other device, except in waters designated for that use and in compliance with all applicable and/or posted rules and regulations. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. Fishing licenses shall be required pursuant to Idaho Department of Fish and Game regulations. M. Glass. No person shall use, carry, or be in the possession of any container made of glass. A violation of this provision shall be an infraction, the penalty for which shall be $25.00 plus court costs. PARKS AND RECREATION CODE PAGE lO OF 16 N. Golf. Golfing or driving golf balls is prohibited except in specifically designated facilities. A violation of this provision shall be an infraction, the penalty for which shall be $50.00 plus court costs. O. Horseback riding prohibited. No person shall ride or lead a horse in, through, or over any City Park. This section shall not apply to police officers and their service animals during the official performance of their duties. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. P. Hunting prohibited. No person shall hunt, harm, kill, trap, or throw projectiles at any animal or bird; nor shall any person collect, remove, or possess the eggs, nest, or young of any animal or bird. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. Q. Motor vehicles. 1. Enforcement of traffic regulations. No person shall fail to obey the direction of any police officer, park employee, or other person authorized by the Director to direct traffic in, into, or out of the City Park. 2. Obey traffic signs. No person shall fail to observe any traffic sign indicating speed, direction, caution, stopping, parking restrictions or regulations, or other sign posted for proper control of vehicular or pedeshian traffic. 3. Speed of vehicles. No person shall ride or drive any vehicle, whether motorized or unmotorized, at a rate of speed exceeding fifteen (15) miles per hour, except as otherwise designated by posted signs. 4. Vehicles confined to roads. No person shall drive any vehicle, whether motorized or unmotorized, on any area except the paved park road or parking areas, or such other area as is specifically designated by the Director as a parking or driving area. 5. Penalty. A violation of this provision shall be an infi•action, the penalty for which shall be $100.00 plus court costs. R. Park Closure. No person shall be in the park during hours of closure, except for purposes of transit through the park, or as authorized by permit or Director's order. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. Parking in Parks. 1. City parking code applies. Except as otherwise set forth specifically in by code or Administrative Policy, Meridian City Code provisions regarding parking shall generally apply in City parks. 2. Designated areas. No person shall park a vehicle in any park anywhere other than an established or designated parking area. No person in any park shall use a parking area in violation of posted directions, state or• local law, the instructions of any police officer or duly authorized representative of the Director, or Administrative Policy. 3. Parking while closed. No person shall leave any vehicle standing or parked in any park when the park is closed, except as specifically authorized by Director's Order or Administrative Policy. 4. Restricted vehicles. No motor vehicles shall be permitted on any sidewalk or pathway of any park except: a. Vehicles operated by law enforcement personnel; PARKS AND RECREATION CODE PAGE 11 OF Z6 b. Emergency vehicles operated for purposes of transporting humans in need of emergency services; c. Vehicles operated by the Department; and d. As specifically allowed by written permit or other permission of Director. Penalty. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. T. Remote-controlled objects. No person shall operate aremote-controlled toy, vehicle, or other object when other persons are present. A violation of this provision shall be an infraction, the penalty for which shall be $25.00 plus court costs. U. Rules and Regulations. No person shall violate any rules and regulations for the use of a park, or any of its facilities or programs as such are or may be promulgated by the Department, and/or the Director. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. V. Signs. Except as otherwise specifically allowed by written authorization of the Director and/or by pemvt or reservation approved by the Director, no person in any park shall paste, glue, tack or otherwise post or affix any sign, plaque, advertisement, or inscription, whether temporary or permanent, to or upon any park real or personal property, facility, or surface. A violation of this provision shall be an infraction, the penalty for which shall be $25.00 plus court costs. This section shall not apply to plaques, tablets or signs posted or affixed by the City. W. Smoking. No person shall light, use, or consume any tobacco product or electronic cigarette in any City park, provided that this prohibition shall not apply to parking lots in City parks. The definition of the terms "tobacco product" and "electronic cigarette" shall be as set forth in Idaho Code section 39-5702. A violation of this provision shall be an infraction, the penalty for which shall be $50.00 plus court costs. X. Tennis Courts. No person in any park shall fail to observe and/or violate the rules and policies regarding the use of such courts as promulgated by the Director. A violation of this provision shall be an infraction, the penalty for which shall be $25.00 plus court costs. Y. Thrown objects. No person in any park shall throw, propel, or take part in or abet the playing of any games involving thrown or otherwise propelled objects such as stones, arrows or javelins except in areas specifically designated for such forms of recreation. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. Z. Trees, shrubbery and vegetation. No person in any 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. Nor shall any person attach any rope, wire or other contrivance to any tree or• plant. A person shall not dig in or otherwise disturb grass areas, or climb trees, or in any other way injure or impair the natural beauty or usefulness of any area. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. AA. Wheeled Devices. No person in any park shall ride or operate a skateboard, roller skates, scooter, inline skates, bicycle or other wheeled recreation equipment on any ornamental surface, picnic table, bench, tennis court, fountain area, splash pad, playground equipment, planter, PARKS AND RECREATION CODE PAGE 12 OF 16 sculpture or other structure unless otherwise specifically designated for such activity. A violation of this provision shall be an infraction, the penalty for which shall be $100.00 plus court costs. SECTION 13-2-7: PARK OPERATING POLICY: A. Hours of operation. Parks shall be open to the public every day of the year from dawn to dusk, which shall be defined as thirty (30) minutes before sunrise to thirty (30) minutes after sunset. Visitors and vehicles shall be excluded during the hours of closure except when authorized by permit, where hours are otherwise posted, or for transit through a park. The Director shall have the authority to change the hours of any Park by Director's Order. B. Closed areas. Any section or part of any park may be declared closed to the public by the Director at any time and for• any interval of time, either temporarily or at regularly and/or stated intervals and either entirely or merely to certain uses, as the Director shall find reasonably necessary. Section 13-2-8: DENIAL OR REVOCATION OF PERMITS; APPEAL: The following provisions shall apply to Short-Term Concessionaire Permits, Park Alcohol Permits, and Amplified Sound Permits. A. Written notice of the denial of a permit shall be sent via U.S. mail to the applicant at the address set forth on the application. B. The Department shall deny an application for any of these permits where: 1. The application is incomplete or required application materials or fees have not been timely submitted; 2. Investigation of such application or application materials reveals that provided information is invalid, false, or incomplete; 3. The proposed activity to be permitted will not be conducted in accordance with all applicable provisions of law or policy, including, but not limited to, this Chapter; Department Policy; and/or Director's Order; or 4. The Meridian Police Department recommends denial in order to protect the public health, safety, or welfare. C. Appeal of the denial of an application for any of these permits maybe made by the applicant within fourteen (14) days of the mailing of such denial. 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. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a City Council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision. D. In addition to any and all other applicable civil or criminal penalties, the Department may revoke any of these permits where: 1. Any term or condition of the permit is violated by the permittee or by any employee or person operating or acting under such permit. 2. In the course of operating or acting under such permit, the permittee or any employee or person operating or• acting under such permit violates a provision of law or policy, including, but not limited to, this Chapter; Department Policy; and/or Director's Order. PARIS AND RECREATION CODE PAGE 13 OF SG 3. It is found, after issuance of such permit, that it was issued pursuant to falsified, inaccurate, or incomplete information on the application therefor. 4. The operation of the permit and/or any component thereof varies materially from the approved time, place, and manner therefor. The Department shall notify the permittee of such revocation in writing, and shall mail such notice to the applicant at the mailing address set forth in the permit application. Such revocation shall be effective immediately upon mailing by the Department. Appeal of the Department's revocation of a permit maybe made by the permittee. Such appeal shall be made to the City Council in writing, shall state the reasons for such appeal, and shall be delivered to the city clerk via U.S. mail or in person. Upon receipt of such appeal, the City Clerk shall schedule a public hearing on the appeal at a city council meeting within thirty (30) days. The City Council's decision on such appeal shall be a final decision. Section 13-2-9: ENFORCEMENT: A. Officials. Except where otherwise provided herein, peace officers, the Director, and other duly authorized representative of the Director shall enforce the provisions of this Chapter. B. Ejectment. A police officer, the Director or a duly authorized City of Meridian representative, shall have the authority to eject from the park any person acting in violation of this chapter. Any person ejected from the park shall leave promptly and peaceably and shall not return to the park for any reason on the same calendar day of his ejectment. It shall be unlawful for any person ejected from the pazk to fail to leave promptly and peaceably, or to return to the park on the same calendar day of his ejectment. C. Trespass in Parks. It shall be unlawful for any person to enter, remain in, or be present within or upon the premises of a park or park facility or any portion thereof during the hours when the park is closed to the public or enters, remains in, or is otherwise present within an area of the pazk clearly delineated by signs or barriers as temporarily or permanently closed to the public. Trespass in pazks shall be a misdemeanor. D. Seizure of Property. A police officer shall have the authority to seize and confiscate any property, thing or device used in violation of this chapter. E. Removal of Vehicles. Any vehicle parked in violation of this chapter or Administrative Policy is subject to removal. F. Exclusion notice. The Director or designee may, by delivering an exclusion notice in person to the offender, exclude from a city park anyone who, within a city park, violates any Park rule, any provision of this chapter; or of Idaho state code. The offender need not be charged, tried, or convicted of any crime or infraction in order for an exclusion notice to be issued or• effective. The exclusion maybe based upon observation by the Director or designee or upon the sort of civilian reports that would ordinarily be relied upon by police officers in the determination of probable cause. 1. The director or his designee may exclude the offender from the city park in which the current violation occurred for a period not exceeding seven (7) days from the date of the exclusion notice. 2. The exclusion notice shall be in writing and shall contain the date of issuance. The exclusion notice shall specify the length and places of exclusion. It shall be signed by the issuing PARKS AND RECREATION CODE PACE 14 or 16 individual. Warning of the consequences for failure to comply shall be prominently displayed on the notice. 3. An offender receiving an exclusion notice may, within two (2) days excluding weekends and holidays from service or receipt of the exclusion notice, appeal to the city council for the purpose of having the city council review the exclusion. The notice of appeal shall be filed with the city clerk. The appeal must be in writing and must set forth the reason why such exclusion should not be enforced. The exclusion shall be stayed upon filing of a notice of appeal. The city council shall hear the appeal at the second regular council meeting following the date the appeal is filed with the city clerk. The city council may uphold the exclusion, overturn the exclusion, or shorten the length of the exclusion. City Council's decision shall be a final decision. No determination of facts made by the city council shall have any collateral estoppel effect on a subsequent criminal prosecution or civil proceeding and shall not preclude litigation of the same facts in a subsequent criminal prosecution. 4. This section shall be enforced so as to emphasize voluntary compliance with laws and park rules and in such a way that inadvertent minor violations can be corrected without resort to an exclusion notice. Section 13-2-10: PENALTIES: Except where otherwise provided herein, the violation of any provision of this Chapter, any duly effectuated Administrative Policy of the Department, or Director's Order, shall be a misdemeanor. Nothing in this chapter shall be construed as to limit City employees or other authorized persons from performing their official or City authorized duties. Section 2. That all ordinances, resolutions, orders, or parts thereof or in conflict with this ordinance are hereby voided. Section 3. That this ordinance shall be effective upon its passage and publication. PASSED by the City Council of the City of Meridian, Idaho this D day of October, 2013. APPROVED by the Mayor of the City of Meridian, Idaho this day of October, 2013. APPROVED: ~~ ,` ,,w,,,` L.Sl.i rJ. ~ Yr,~~t j, 1`~ ~~ ~.~ ~ ~y ~ ~`~' ''~~ ~~;, m-. ATTEST: PARKS AND RECREATION CODE PAGE 15 OF 16 NOTICE AND PUBLISHED SUMMARY OF ORDINANCE PURSUANT TO I.C. § 50-901(A) CITY OF MERIDIAN ORDINANCE N0. 13- i5~q AN ORDINANCE REPEALING AND REPLACING TITLE 13, CHAPTER 2, REGARDING PARKS AND RECREATION REGULATIO,~ PROVIDING AN EFFECTIVE DATE. Ot~lerlCllan Mayor and City Council By: Jaycee Holman, City Clerk ~~~~~~ ~~r~cr,,~~,a ~ o~~ ~~~ ,. ,~ '~ City ~'~ ~~~~ ~p~~o k~ '~ ~t ~' ~' ~J ,~ • ~~~~~'~ ~5~~~ First Reading: ~ 0 - ~ - ~ ~ ~ f f h t z A~ Adopted after first reading by suspension of the Ru e as allowed pursuant to Idaho Code § 50-902: YES NO r/ Second Reading: r~- $ ~ t 3 Third Reading. ~ 0 - ~ ~ t3 STATEMENT OF MERIDIAN CITY ATTORNEY AS TO ADEQUACY OF SUMMARY OF ORDINANCE NO. 13- 1519 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. l3- l5~ 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 ~G-{~~` , 20 ~~ i liam. L.M. Na City Attorney PARKS AND RECREATION CODE PAGE 16 OF 16 Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: 10 ITEM TITLE: Future Meeting Topics PROJECT NUMBER: MEETING NOTES Community Item/Presentations Presenter Contact Info./Notes CLERKS OFFICE FINAL ACTION DATE: E-MAILED TO STAFF SENT TO AGENCY SENT TO APPLICANT NOTES INITIALS Meridian City Council Meeting DATE: October 1, 2013 ITEM NUMBER: . PROJECT NUMBER: v a�pd +0 ITEM TITLE: Agreement with City of Meridian and Meridian Heights Three Party Agreement with the City of Meridian, LC Inc., and Meridian Heights Water & Sewer District 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 D - - 8 IDe ,11l' of NT FOR THE DISSOLUTION AND TRANSFER OF ASSETS AND �yRIDIAN HEIGHTS WATER AND SEWER DISTRICT TO THE CITY OFMERIDIAN, SETTLEMENT AGREEMENT AND RELEASE This Agreement for the Dissolution and Transfer of Assets Iand Liabilities from Meridian Heights Water and Sewer District #o` the`City'of Meridian;Settlement Agreement' and, Release' ("Agreement") is made and entered into and made effective as of the date of the latest -signature below (the "Effective Date"), by, between and among MERIDIAN HEIGHTS WATER & SEWER" DISTRICT,"a political subdivision �of the State of Idaho;' and its successors, legal representatives, agents, assigns, and all other persons or entitie''s acting for; by, or'through 'it' ("MHWSD" or "District"),'''`L'.C. DEVELOPMENT,' INC., an Idaho WiTioration;''and- its successors, heirs, legal representatives, agents, and assigns; ("L.C."),, the President of which is Lee Centers ("Centers"'), and the City of `MOidi"an, an Idaho municipal' corporation, land its suecesso'rs,'legal representative's, agents,'assigns, and all other persons or'entities acting for; by, or through i't("City), collectively called"`Parties:"'` RECITALS WHEREAS; MHWSD is '& duly' organized and 'existing water and sewer district operating under and pursuant to Idaho Code § §42-3201 et se q-. in Ada County; Idaho within the area of city impact of the City. The boundaries of MHWSD generally encompass two subdivisions, the Meridian. Heights 'Subdivision and the Kentucky 'Ridge Subdivision (collectively, the "Subdivisions"); and WHEREAS, MHWSD operates a wastewater reuse system pursuant to the Idaho Recycled'' Water Rules (IDAPA 58.01:17), the'Idaho Wastewater Rules (IDAPA 58.01:16), the Idaho Groundwater Quality Rule `(IDAPA 58.01.11) and a'Municipal Wastewater Reuse Permit (LA -000067=04) (the "Permit") issued' by the Idaho Department of Environmental Quality ("IDEQ") on December 3, 2009; and WHEREAS, in connection with its wastewater reuse system, MHWSD owns approximately sixteen (16)' acres of real property more' particularly described in Exhibit' A attached hereto and incorporated herein by this'reference (the "District Property"); and WHEREAS, Centers' predecessors in interest conveyed to the MHWSD's predecessor in interest an easement on the Condemnation Property, as described herein, for the purpose of land application of the MHWSD's sewer effluent, which easement was originally"conveyed on April 8, 1976 And recorded as histrum`ent 'No. '2601976 in the records of Ada County (the 1976 easement also appears to have been recorded as Instrument No. 1387080485 in the records of Ada County), and conveyed again on August 9, 1995 and recorded as Instrument No. 1965001651 in the records of Ada County (the 1995 easement was recorded again on January 16; 1996 as Instrument No. 96004015 in the records of Ada County) (the "Easement"), copies of which are attached hereto as Exhibit B and incorporated herein by this reference; and WHEREAS, the MHWSD approved a Revenue Bond in the amount of $1.5 million in 2010 to either purchase the Condemnation Property or pursue connection to the City; and SETTLEMENT AGREEMENT - 1 WHEREAS, MHWSD filed a Complaint against Centers in the Fourth Judicial District of the State of Idaho, jn, and for Ada County, Case No. CV OC 1201196 (the "Lawsuit") to acquire title to forty (40) acres of real property owned by Centers, more particularly described in Exhibit C attached, hereto and; incorporated herein. by this; reference; (the "Condemnation Property") for the current and future use by MHWSD for, land application of sewer, effluent as permitted by the Permit and the Easement; and . WHEREAS, Centers and L. C. desire that.the land application, of sewer effluent on the Condemnation Property pursuant ,to the Permit and Easement cease, that MHWSD connect its water, and sewer systems to the City, and the Lawsuit be dismissed; and WHEREAS, in addition to the Condemnation Property, Centers owns 152 +/- acres of property adjacent to, the Condemnation Property and within.,the area of city impact of the City,. which is more particularly described on Exhibit D. attached, hereto and incorporated herein by this reference (the "Centers Property"); and WHEREAS, the City is a duly organized municipal corporation of the State of Idaho which owns„,operates and maintains municipal drinking water and,, wastewater, systems as authorizedby.Idaho Code,§§50-323, 507332 and 50-1030; and, WHEREAS, the, City, is not a party.to the ,Lawsuit, but is a party; to this Agreement, -as in order for the land application to cease and the condemnation to be unnecessary, the City would - have to agree to allow MHWSD residents to connect to City sewer; and ,, WHEREAS, the City finds that it is in the public interest for the City. to,, acquire and, operate the MHWSD's water and sewer systems as part of the City's facilities, and annex the properties described herein for the orderly extension and development of the City; and WHEREAS, the parties wish to settle the disputed claim in the Lawsuit and agree on a solution which would allow MHWSD residents to connect to City sewer, and resolve all related claims that are known or that should be known as of the Effective Date of this Agreement to the party with the sight to assert the claim or claims, without further litigation and related expenses; and WHEREAS, all properties in the. MHWSD, the District Property, the Condemnation Property, the Centers, Property, and property owned by Merle Hansen ("Hansen"),t more particularly described in Exhibit,E attached hereto; and incorporated herein by this reference as if set forth in full (the "Hansen Property") are identified as being within the area of city impact of the, City; and - 1 Merle Hansen is not a party to this Agreement. The Parties acknowledge and agree that the Hansen Property is identified herein for the sole purpose of describing parcels that will be included in the City's annexation application as described herein. SETTLEMENT AGREEMENT - 2 WHEREAS', in`order to facilitate a resolution of�the Lawsuit, to provide cost-effective municipal water and sewer services to' residents of MHWSD, and to promote the orderly' developmeiit'and expansion of the City; the City -is desirous' of finding za wayfor'the MHWSD to dissolve and for the properties to annex into the City; and ' WHEREAS, the MHWSD intends'to protect its residents to ensure"that in the event of a transfer of its water system' and sewer system to the City that'the'MHWSD residents who, are receiving water service and/or sewer service shall continue to receive such services from the City in a cost-effective manner; and WHEREAS the MHWSD, theCity and L.C. have'agreed in concept that the best wayto further the goals of all Parties is to dissolve,MHWSD pursuant to "the procedures outlined in Idaho Code §42-3239, transfer all 'of its'assets to, the City, and connect MHWSD's water and sewer systems to 'City'services; with'some financial assistance provided by both the' -City land L.C. as outlined herein. NOW, THEREFORE; in consideration of'the mutual promises herein contained, and for other good and valuable cons Iideration,'acknowledged by'each of them to be satisfactory and adequate, MHWSD, the City and LChereby mutually undertake,' promise' and agree; each^for itself' 'and its -successors' and assigns as follows: " Definitions. As used in this 'Agreement;' the following terms shall have the meanings set forth below: a. Annexation. The term "Ahnexation" herein shall mean a Category' B Annexation into the City of Meridian city limits pursuant to ldaho Code'§ 50-222 (3)(B). ' b. Election.' The term "Election" refers to a special election to be held by MHWSD to 'secure approval for the Di's'trict to dissolve and all assets and obligations of the MHWSD to be transferred to the City. The election shall be held on November 5, 2013 pursuant to Idaho' Code §§ 42-3239(3) and 34-106. C. Physical Connection. The term "Physical' Connection" shall mean the actual connection of the MHWSD Sewer System or the Water System, respectively, to' the City sewer system or water system, respectively, and the release of appurtenances that allows "the sewer effluent from the Sewer System to flow into the City's sewer system and that allows the flow of water from the City'swater system intorhe Water System. d. Clasing'. The term "Closing" means and refers to the closing of -the transactions contemplated by this Agreement, including the dissolution of the MHWSD and transfer of assets to the City pursuant to Idaho Code §42-3239, which closing shall take place at Meridian City Hall,' 3 E. Broadway Avenue, Meridian, Idaho 83642; on such date and at such time as the Parties may mutually determine after all Contingencies have been satisfied, which'is anticipated to be on or about December 19, 2014 (the "Closing Date"). SETTLEMENT AGREEMENT - 3 e. Water,System. The term "Water System" means and refers, to all: Water Rights, water storage reservoir(s), groundwater wells,with .pumping facilities, the distribution, system appurtenances: such as water, lines„fire hydrants, valves, and water meters, together with, all rights of way, easements, and real property owned by the MHWSD ,(for the.purpose ofmater system supply, delivery, operation and maintenance), which are more particularly described in Exhibit, F,attached hereto and incorporated herein; by reference. It is agreed that Exhibit F shall be,. completed and attached to this Agreement and agreed.to by the Parties prior to the Closing Date: L Sewer System. The term "Sewer System” means and refers to all sewer collection pipelines; together with all; rights of way,, easements, andreal property, owned, other than, Excluded, Assets, by the .MHWSD (for thepurpose of sewer, system collection, operation and, maintenance), which are, more particularly described, in Exhibit G attached hereto and incorporated, herein by this reference. It is agreed that Exhibit G shall be completed and,attached to this Agreement and agreed to by the Parties prior to the Closing Date. g. Casit Assets. The,,term "Cash Assets",means, and refers to all funds in bank checking and/ savings accounts including, any other cash; assets as.- well as surety_ instruments, investments, and all, other, finaneial,assets cash, or otherwise of the MHWSDmore. particularly described in Exhibit H attached hereto. andsine r. or here11:in by reference,;subject. to changes in those cash assets up to the Closing Date due to reasonable operation and maintenance ,eosts,of the MHWSD from the continued operation of the Water System and Sewer System and any receipts of the MHWSD for assessments and from operational, expenses,, costs,. and attorney fees incurred by the MHWSD, and any reasonable hold back for contingent liabilities. at the time of Closing, A new updated Cash Assets exhibit shall be prepared and attached to this Agreement and. agreed to by the.parties prior to the Closing Date. „h. , .,Other Real or Personal Property. The term "Other Real or Personal Property".means and refers, to+all real or,persona,property of the .WWSD, ,other :than -the. Excluded Assets, including but not limited to, accounts receivable; delinquent accounts and all collection, lien and other rights related thereto; GIS/GPS system assets; machinery; equipment; vehicles; easements; licenses; and Water Rights, all of which are more particularly described in Exhibit I attached hereto and incorporated, herein by reference. An amended or updated Exhibit H may be completed and attached to. this Agreement if agreed to by the Parties prior to the Closing Date._ i. Related Agreements. The term "Related Agreements" means any, agreement by and between the MHWSD and any third person as a subcontractor or independent contractor to,perform services for, and/or in pursuit of the purposes of the MHWSD. j. Water Rights., The term "Water Rights", shall mean and include the water rights owned by the MHWSD-identified in,Exhibit.J attached hereto and incorporated herein by reference. k. Project Schedule. The term "Project Schedule" shall mean that certain schedule set forth on Exhibit K attached hereto and incorporated herein by reference. The SETTLEMENT AGREEMENT - 4 Parties agreethat the start And finish dates set forth in the Project Schedule are 'good faith estimates, but -that the'party(ies) responsible for line item tasks will utilize their besf'efforts to start and finish the tasks as soon 'as reasonably possible and earlier than the estimated dates. Further, the Parties' agree that any line item task th'at'is delayed' -due to unfavorable weather' conditions, delay in a'task caused by -i on -completion of a condition precedent task, delay in receipt' of regulatory agency approval; or other unforeseen circumstances will not be deemed'a per se breach of this Agreement by the party responsible for the line item task. 1. Contingencies. The term "Contingencies" shall mean and include all of those conditions precedent to Closing'identified in this Agreement. m. Grandfather Rights. The�term "Grandfather Right(§)" shall mean the right by the landowner to continue to use the 'real property they own in the same manner that existed at'the time'bf the signing of this Agreement: n. Transition Period:` The term "Transition Period" shali'mean the period of time between the Physical'Connectior and Closing whereby'the"City provides water, and/or sewer services to the MHWSD but the MHWSD'is'still operational;'" thereby' necessitating dual' operations as set forth herein: o. ' Excluded Assets., The term "Excluded Assets" shall ;mean those assets identified in Section 10(c) herein. " 2. Election. MHWSD agrees to submit to the qualified electors of the District on the November -S,'2013 general election ballot the question of dissolution of the District and transfer of all assets and ,liabilities thereof to the, pursuant to the requirements of Idaho Code §42=3239. The -term "success" or "successful 77 when used -in relation to"the election shall mean an affirmative vote of the District patrons to dissolve the MHWSD:. If the iVote is .in'the negative then (i) the Consents to :Annex that :have been -filed as part of this Agreement are, voided; (ii) any payments lodged by any parties shall be refunded within five i(5) days; and all parties shall absorb all their own costs that have been expended, other than those payments, without r'eimburserrient-from any of the parties' to this Agreement; and (iii) all obligations contemplated bythis-Agreement shall terminate. 3. Connection to City Sewer. a. Sewer Main Extension and Easement - In the, event the Election is successful, L.C. will install and provide -a -sewer main extension from Victory Road with-asingle point connection for MHWSD`-"(the "Sewer.Improvements") pursuant to the: -Project Schedule, contingent: upon the City's acquisition of thirty foot (30') wide easement from, Hansenr'to cross, the Hansen`Property. L.C. shall bearallcosts for: such connection;i,including but not limited to: engineering design, staking, licenses, permits, application fees, and construction. b. Performance Assurances: L.C. shall provide a performance bond,, cash deposit, certified check, or irrevocable bank letter of credit in a form acceptable to both the -City and the MHWSD for the estimated cost of construction of the sewer line on or before October SETTLEMENT AGREEMENT -5 15; 2013,, and shall have an effective date no,later than November 1,0„ 2013, .which shall.be held by the City, of Meridian, until such time as the construction is completed. The assurance shall be releasedwithin, fifteen (15) days of completion of construction and City acceptance thereof., In the event the Election is; not held. or is unsuccessful, or the City fails to complete the Annexation, as set forth in Section 5 below „the City agrees to, release, such security, to L.C.. within five (5) days, after the Election or within five , (5) days, of a final decision of the City Council disapproving the annexation or; annexation ordinance. The, same assurance may, be used for construction of the sewer line and the water line. C. Design and Related Approvals. In the, event the Election is successful,_ L.C. agrees to authorize design of the sewer connection on November 6, 2013, with design to be completed and submitted to ,the. City, and MHWSD for review consistent with the Project Schedule. The ,City and.MHWSD, agree to; review and approve the, sewer connection design as . soon as reasonably practical following receipt from L.C._; L C., agrees to, submit the sewer connection design to all appropriate agencies and obtain all approvals and permits related to such sewer connection., Upon reeeipt0 the sewer connection design approval from the City, Centers agrees to obtain,a license from=the Nampa -Meridian Irrigation District for construction ofcsuch , sewer line under the Ridenbaugh Canal. Construction of the portion of the sewer line under the Ridenbaugh Can11 al shall be completed consistent with the Project Schedule; provided, however, that delay in the issuance of a license by the Nampa -Meridian Irrigation District and resulting delay in.construction under.the Ridenbaugh• Canal through no fault of L.C.-'shall not be deemed a default by L.C. and shall not result in the termination of this Agreement as provided in Section 11 herein. d. Physical Connection to; City Sewer. lSystem. The Parties, agree to cooperate inproviding alli necessary notices to,'ID:EQ prior toi the�Physical:Connection of.the Sewer System to the ,City, ,as required by applicable, state and, federal law, •rules, regulations and the Permit.,,The,Physical'Connection of the Sewer System, shall occur, consistenti with the: Project, Schedule, Upon: completion of the Sewer Improvements, the Physical Connection to; the City sewer system shall be made. e. Indemnity and Insurance.,. L.C. agrees to, indemnify and, hold, harmless the MHWSD and the City of Meridian from and against any and all claims,: costs, losses,cand damages (including but not limited to all fees and charges of subcontractors, suppliers, agents, employees, engineers, architects, attorneys, and other professionals, and,:all court: or arbitration or other dispute resolution costs) arising out of or relating to L.C.'s performance of the connection to the City's sewer system. L.C. agrees • to`purchase an insurance policy or policies that meet or exceed,a policy limit of$ 1,000;000.00. Said policy or policies, shall be maintained in effect until at.least thirty (30) days after the City accepts the connection to: the City sewer system. L.C. shall; list,the MHWSD as an additional insured on the liability insurance required by the City:,for the construction of the ,sewer connection, to the City which said, liability -insurance is appropriate. for; the work being performed and will provide protection from claims set forth below which may arise out of or result from L.C., its subcontractors, suppliers, agents, employees, engineers, architects, attomeys::and other, professionals' performance, of the work and other obligations associated therewith.;: Said, insurance. shall cover claims for:;: SETTLEMENT AGREEMENT -6 i. workers' compensation, disability benefits, and other similar ` employee benefits acts; ii. damages because of bodily injury, occupational sickness or disease, or death; iii. damages `'insured `by 'reasonably available personal injury liability' coverage which are sustained by: (a) any person as a result of an offensedirectly or indirectly related to the eniployinent of such person by L.C. or its subcontractors, agents, 'employces;'or other covered professional coritractors'aslistedin this Section'3'(e) iv. damages, other than to the work itself to connect to the City sewer system, because of injury to or destruction of tangible propertywkerever located, including' loss' of use resulting therefrom;ii v. damages 'because of bodily injury' or death of any person or property damage arising out of the ownership, maintenance or use of any motor vehicle; and vi. damages because of any release of hazardous"materials which''are regulated as pollutants by any state or federal law or laws." 4. Connection to City Water. a. Water Main Extension and Easement. In the event the Election is successful;`L.C. will install a twelve -inch (12") water main line extension from VictoryRoad' through the Hansen Property to' the MHWSD water main, making water available for 'extension and connection to MHWSD (the "Water'Systemlmprovements"), contingent upon (i)"the City's acquisition of an easement from Hansento cross'the Hansen Property; and (Ii)completion ofthe Annexation contemplated by Section' 5'(b).' L.C. shall bear all costs for such connection; including but not limited to: engineering design, staking, licenses, permits, application fees, and construction for the water main line connection of the Condemnation Property to Victory Road. L.C. shall also bear all costs of the physical connection of the existing MHWSD water'main%to the new twelve -inch (12") water main as described herein. b. Performance Assurances. L.C. shall provide a performance bond, cash deposit, certified check, or irrevocable bank letter of credit in a form acceptable to both the City and the MHWSD for the estimated cost of construction of the water line on or before October 15, 2013, and shall have an effective date no later than November 10, 2013; which shall be by the City of Meridian until such time as the construction is completed. The assurance shall be released within fifteen (l5)` days of completion of construction and City acceptance thereof. In the event the' Election is not held of is unsuccessful, or the' City fails; 'to'cornplete the Annexation set forth in Section 5 below, the City agrees to'rclease such security to Centers within five (5) days after the Election or within five (5) days of a final decision. of the City Council disapproving' the annexation or the `annexation ordinance. The same assrance may be used for SETTLEMENT AGREEMENT - 7 construction of the sewer line and the water line. C. Design and Related Approvals. L.C. agrees to authorize design of the water line,extension and connection on November 6, 2013,,with-design to be completed and submitted to the City for review consistent with the Project Schedule. The City agrees to review and approve the water line extension and connection design as soon as reasonably practical following receipt from L.C. L.C. agrees to submit the water_ line extension design to all appropriate agencies and obtain all approvals and permits related to such water connection. d. Physical ,Connection to City Water System. The Parties agree to cooperate insproviding all necessary notices to, IDEQ prior to the Physical Connection of the Water System to the City, as required by applicable state and federal law, rules,, regulI'llations and the Permit. The Physical Connection of the Water System shall occur consistent with the Project Schedule; . The ,sewer, Physical; Connection shall'. not be delayed by or contingent upon y p ; forth in construction of the,Water S stem Irn rovements and/or water. meters installation as set the Project Schedule. e. Indemnity.,and Insurance. L.C. agrees ,fe, ndemnify and hold harmless the MHWSD and the City of Meridian from and against any and all,claims, costs, losses, and damages (including but not limited to all fees and charges of subcontractors, suppliers, agents, employees, engineers„architects; attorneys, and other professionals,, and all court or arbitration or other dispute resolution costs) arising out of or relating to L.C.'s.performance, of,the connection to the City's water system. L.C. agrees to purchase an insurance policy or policies'that meet or exceed a policy limit of $1,000,000.00. Said policy or policies, shall be maintained in effect until at least thirty (30) days after the City accepts the connection to the Citysewer system. L.C. shall list the MHWSD as an additional -insured •on the liability insurance required by the City for the construction; of the water connection to the City which said liability, insurance is appropriate for the work being performed and will provide protection from claims set forth below which may arise. out of or result from L.C., its, subcontractors, suppliers, agents, employees, engineers, architects, attorneys and other, professionals' performance „of the work and other, obligations associated therewith. Said insurance shall cover claims for: i. workers' compensation, disability benefits, and other similar employee benefits acts; ii. damages because of bodily injury, occupational sickness or disease, or death; iii. damages insured by reasonably available personal injury liability coverage which are sustained by;, (a) any, person as a result of an offense directly or indirectly related to the,employment of;such person. by L.C., or its subcontractors, agents,:employees, or, other covered professional contractors as listed in this Section, 3(e); iv. damages, other, than to the work itself to connect to the City water SETTLEMENT AGREEMENT - 8 system, because of injury to or destruction of tangible property wherever located, including loss of use resulting therefrom; IV. damages` because of bodily injury or death of any person or' propertydamage arising out of the ownership, maintenance or use of any motor'vehicle;"arid vi. damages because of any release of hazardous niateiials`which are regulated as pollutants by any'state or'federal law, or laws. 5. Annexation. The City agrees to pursue Annexation of the Cdndemnati'on Property, the Centers Property, the Hansen Property, the District Property, and the residential properties owned, by residents within the MHWSD: a. Consent to Annex: MHWSD, Centers and Hansen have provided written consent to the Annexation as requif6'&by Idaho'Code §50-222, which conserit shall be 'recorded' with the' Ada County' Recorder' and which shall not lapse until the City takes' its `filial actionon the Annexation'(the ""Consents"). In the'evenf that the Election isnot held or the dissolution of the Distife,it' isnot approved; the Consents shall' be deemed 'withdrawn'and'a withdrawal"of such Consents shall be filed with the Ada County Recorder. b.' Annexation Process. If the minimum threshold for'annexafion pursuant to'Idabo Code §50-222 (3)(13) is met, the City shall pursue and complete the` annexation process' in compliance with Idaho' Code §§50=222(3), and 67-6501 et seq., and applicable provisions of the Meridian City Code. The "annexation process shall be completed pursuant to the Project Schedule; provided, however, that delay in approval of'the Annexation and adoption of the Annexation Ordinance due "to weather; lack of quorum, or, other circumstances beyond the control of the Parties' shall not result in the invalidation 6f termination pursuant to Section'l r of this Agreement. C. Zoning Upon Annexation. Upon Annexation, the Centers Property, the District Property and the Hansen Property shall be entitled to all Grandfather Rights applicable to such properties until such time as they develop and enter into a development'agreement'With the City. d. Contingencies. In the event the Election is not held or dissolution is not approved, the City shall not be obligated to approve the Annexation asset forth herein. Further, if the dissolution is approved and the City decides not to annex the subject properties; the City shall be obligated to connect "the Water` System' and Sewer System 'to the City and accept the transfer of the assets add obligations of'the MHWSD, if approved by the District Court. The Parties may enter into a service' agreement to identify the necessary' costs and rates for service. All hook up and connection fees will still need to be paid. e. Development Agmement.'Any property that is 'subj ect to this Agreement and the'Hansen Property previously identified on Exhibit E that is granted an R-8 Zoning shall agree to sign aDebeloprnent'Agreemerit'as a condition of'armekation'to limit development of the property to single fari ily residential properties until'an amndment'to the DA is approved or'a SETTLEMENT AGREEMENT - 9 rezone occurs; or, both. . 6. Lot Line Adjustment of MHWSD Property. The MHWSD agrees to initiate a lot, line adjustment application with either,the City or Ada County to separate its buffer zone parcel from its storm water pond parcel to allow for the transfer of the storm water,pond,parcel to the Ada County Highway District ("ACHD") at Closing. Such application shall be initiated in' sufficient time, to allow approval of theJgt line adjustment prior to Closing. The MHWSD and the City agree to work with the ACHD as necessary, or required to accomplish the transfer of the storm water pond parcel. At Closing, the MHWSD agrees to execute all documents necessary to convey the, storm water pond parcel to ACED. 7. Decommissioning of MHWSD Sewer Lagoons. Thei'Lil MHWSD agrees to. decommission the existing sewer lagoons pursuant to one of the options set forth in this Section 71_ Under erther o ption,theMHWSD agrees ,that;the decommissioning, will be complete as soon as Teasouably,possible.,but .in no event later than the Closing Date, provided that the time to decommission:the,laggons shall;be extended if decommissioning is delayed due to: unfavorable weathex.conditions; delay in the;l'hysical.C,onnection of the, Sewer System being, made to the, City_ sewer. ,system; ,delay, in ,receipt of. regulatory agency; approvals; or other unforeseen. circumstances. The MHWSD and its successors; or assigns,_to the sewer lagoon property are allowed to utilize the best, most economical practices to decommission the sewer lagoons that IDEQ will, permit, in the decommissioning plan., The Parties agree to cooperate as may be necessary in,such decommissioning, including providing notices to IDEQ and,other,agencies>as maybe required bylaw, rule, regulation, or the Permit., The, MHWSD.,agrees to;convey,to.the City; such rights of way or, other ,easements across the District Property as maybe necessary to secure continued City water and/or sewer services and/or public access to the District Property prionto..any sale by the. MHWSD. The proceeds from such, sale shall :be,applied to reduce the costs: necessary to effectuate the,: transactions contemplated in this Agreement. a. Decommissioning by MHWSD. Under this option, the MHWSD agrees to, be responsible for the decommissioning and reclamation of, the existing sewer lagoons. Upon the reclamation and decommissioning of the lagoons, the MHWSD shall retain the right to sell the District Property pursuant to applicable Idaho law. Any, proceeds: received from the sale of the District Property shall be applied to reduce the costs necessary to effectuate the transactions contemplated in this Agreement. b. D,ecommissioning.by Third Party. Under this option, the MHWSD may electto auction the District Property, pursuant to applicable state law with the condition that the "a hird-party purchaser completes ,decommissioning of the lagoons as set forth in Section 7 above. Any proceeds received;from the sale of the District Property, shall be applied to reduce the costs necessary to effectuate the transactions contemplated in this Agreement. 8. Hookup Fees; Payment Assurances. The City will charge MHWSD $513,084 for. water hookup fees and $780,716 for ,sewer hookup fees (collectively "Hookup Fee"). L.C. agrees to contribute $780,716 to the City on behalf of MHWSD prior to completion of the,sewer main .extension, towards payment of Hookup Fees and/or .for other ,costs related to Physical Connection, contingent ;upon the Annexation being, completed and approved and a successful SETTLEMENT AGREEMENT - 10 Election field by MHWSD' in which a'vote to dissolve the District is approved. L.C. agrees to provide payment assurances for such Hookup Fees and related "costs in the form of a payment surety, cash'deposit, certified, check, or irrevocable bank letter of credit; to the'City of Meridian on or before October 15, 2013,'with atieffective date no later than November ID, 2013. -The City agrees to release such security to L. C.' within five (5) days of either of the following:` (i) the failure of the Election to occur on November 5;2013 or an Election thatresults' in disapproval of dissolution of the MHWSD°as contemplated herein; or (ii) the failure of the MHWSD w vacate the Easement in accordance with Section 15(g) herein. 9. Contribution from'City. The City will provide a credit of $634,575 to MHWSD to' offset Hookup Fees' and/or'e6sts, and to acquire,the-assets of MHWSD "as'set forth- in'Section 10(b) herein. 10 Dissolution and Transfer of District Assets and Liabilities: a. Resolutions. ' After a'successful election' to dissolve' the District, the MHWSD shall adopt a resolution of dissolution and transfer of assets and liabilities pursuant to the requirements of Idaho Code §42-3239, and the City shall adopt a resolution accepting such transfer of assets and liabilities:' b. "Transfer;ofA"ssets., At Closing, MHWSD shall transfer;.give and, assign to"" the City, and the' City agrees to accept the +same, all subject to and upon.the terms 'and, conditions ;contained, herein;' all. right, -title and -interest of the 'MHWSD in ;and to ,the Water System, Sewer'System, Cash Assets, Water Rights, and Other Real or Personal".Property=and all other assets" of the MHWSD "of every kind. and description, tangible or "intangible, pertaining to, used in or necessary for the operation of 'the Water System and the Sewer System (the "Acquired Assets"), other than assets specifically excluded as set forth in'Section 1 Oc. c. ,Excluded Assets.-' The MHWSD sewer' lagoons and; surrounding real property, the Easement,' and'the MHWSD storm water pond. (i.e. the District Property) are, specifically 'excluded' from the asset's that shall be acquired by the City pursuant to this Agreement. The following agreements are also specifically excluded frotm the assets that shall' be acquired by the City: (i) Service Agreement between�the, MHWSD- and Francisco and Ri"cki Sabala for water service; (ii) MOU between the MHWSD and Francisco and Ricki Sabala; (iii) MOU between the MHWSD and Rick, and Charlaine Fisch; and (iv) MOU between the MHWSD and Alexandria P. McNish. d. Assumption of Liabilities. On the terms and subject to -the conditions set forth herein the City will' assume and satisfy or perforth4hen due only the following` liabilities and obligations of the MHWSD (the "Assumed Liabilities"). i. "L'o'ans: ''The MHWSD has-anoutstanding -loan to IDEQ with a balances of approximately $115;000' and 1 an' outstanding, loan to'<,IDWR with an approximate'balance•of $270,000. Theseloans!shall be assumed'by,the'City at Closing: SETTLEMENT AGREEMENT - 11 Revenue Bond. The voter, approved Revenue Bond in the amount of $1;5 million will be. assumed by the City,as set ,forth herein. ,:The MHWSD agrees to - take, all, steps necessary as required by Idaho law,to issue the ;bonds authorized.by the Revenue Bond election,; including ,payment of all costs associated with ,underwriting of such issuance and establishing reserves required by such Revenue Bond, such that the bonds. are issuedprior to Closing. ,Upon issuance ofthe bonds, the MHWSD agrees to. establish a special sewer assessment pursuant to., Idaho law for its residents which assessment shall be used to repay the bonds.:,The, special sewer assessment shall survive Closing and all authority to collect the same shall be transferred to the City. At Closing, the City shall; assume, -all rights, and obligations ,,associated with the Revenue:: Bond, including but not limited. to:,, the authority to collect the special sewer, assessment,, maintaining sufficient reserve funds to cover necessary payments on the bond, and payoff, of the Revenue Bond within the time period prescribed therein. At such time as the bond is paid off in full; the City, shall remove the special assessment from the properties within the MHWSD. The City agrees to notify the residents within the MHWSD at least annually the I balance due on the bond;, and the: approximate date that the special assessment will cease. e. Funding of Deficit. The Parties acknowledge that (i) a deficit,of roughly, $814,575 is expected in order for MHWSD to connect to both City water and sewer, as reflected on Exhibit Lattachedhereto; (ii) there may beladditional,election costs of MHWSD to hold an election to, dissolve the District;: (iii) there may, be additional costs .of, decommissioning;;the District's Sewer;Lagoons if the'District opts to perform -the, Decommissioning pursuant to=7(a),of, this Agreement; (iv); there may be additional revenues to, lower -the deficit from the, sale of the District's decommissioned Sewer Lagoon sites; and (v) there,may be additional; costs to:fmalize and issue the Revenue Bond on behalf of the District; Thel?ardeSr therefore agree that anyrfunds necessary for connection, to City services not being paid as outlined herein,by the City or by>L.C. may be covered by the existing Revenue Bond available to the MHWSD upon the terms and conditions set forthinSection 10(d)(ii).herein, and other lawful funds.available to the Parties hereto. .The Parties agree to cooperate in good:faith to use as few Revenue ;Bond funds, as, possible to limit the monthly water and sewer rates and othercosts to,N11IWSD residents. The Parties will work together to ensure that the requirements are met to use the Revenue Bond funds aceordingto the termsthereofand applicable law, rules and regulations: L Administration of Services. At Closing, the City, shall assume :all responsibility for billing and administration of water and sewer services for. MHWSD residents. The City and MHWSD agree to cooperate in the transition of such administration services and in notiftcation;of MHWSD;residents;as to the time such. transfer will occur. The City, and MHWSD agree to'provide'no less than thirty (30): days' :written notice to MHWSD residents of; such transfer. g. 4iabilities Not Assumed.- The City will :not assume or perform any liabilities or obligations of any 'type onnature whatsoever not specifically, assumed, pursuant to this Agreement. Without limiting the; generality ofthe foregoing; .the City. shall, not, assume or perform any of the following liabilities and obligations of the MHWSD: SETTLEMENT AGREEMENT - 12 i. Any liability arising as a result of any legal or equitable action or judicial or administrative proceeding initiated at any time in respect to anything done; suffered to be done or'omitted to be done by the MHWSD'or any of its respective directors, employees or agents prior to Closing; I ii. Any liability of the MHWSD for costs and expenses incurred in connectionwith the Related Agreements; the making or performance of the Related Agreements; and the transactions contemplated thereby; and " iii. 'With the exception' of the loans and bond as set forth in this Section' 10, any liability of the' MHWSD`m respect of any debt owed to third parties arising prior to Closing. h. Conditions Precedent to Ctrosing. All of the Contingencies identified in this Agreement and those tasks identified Mi the 'Project Schedule shall be'satisfied in order for the Closing to occur. L Deliveries at Closing. At Closing, the MHWSD'will deliver to the City properly executed and acknowledged, if appropriate,'the various certificates "instruments, arid' d'ocuments'to gift, transfer, convey, and assign to the City all the Acquired Assets, whieh shall include quitclaim deed(s) to real property'and easement rights to the Water System and Sewer System, and such other documents as may be necessary to transfer and convey the Acquired' Assets from the MHWSD to tke`City: j. Court Approval. After a successful election to dissolve the District and transfer its assets and"liabilities; the City 'and the IMHWSD agree to with the Fourth District Court of the State ofldaho, in and forthe County of Ada, all 7documentg required by Idaho Code §42-3239(4); 11. Default and Termination. a. Notice of Default and Termination. The Parties may terminate'' this Agreement as -provided below: i. The Parties consent at any time prior to the Closing; may terminate this Agreement by mutual written ii. Subject to Section 16 herein, any Party may terminate this Agreement by giving written notice to the other Parties (i) of a defaultby such other party in the timely performance of an obligation imposed under this Agreement; or (ii) the Election fails to result in the approval of dissolution. - iii.- In the event of a default of performance on or before the time specified in this Agreement; the defaulting party"shall be given thirty (30) days after notice of such default to 7 cure or correct' such default'. 'If the default remains uncorrected after such cure period, the' non -defaulting parties may deem the Agreement terminated! SETTLEMENT AGREEMENT -13 b. Effect of Termination. If, any, Party terminates this Agreement pursuant to Section 11(a)(i) or (ii),aboye, all, -rights and obligations of the Parties,. hereunder shall terminate without any liability of any Party to any other Party. c. Remedies. If any, parry defaults for, ally other reason the non -defaulting party or parties shall have the right to claim, any and; all fees,.costs expended; and attorney,, s, fees and costs against the party or parties causing the default. , 12. Representations and Warranties of the MHWSD. The MHWSD represents and warrants to the City,_;and L.0 ,that the ,statements contained in this Section 12, are, correct land complete as of the date of this Agreement. a. Organization of MITWSD. ,The MHWSD is,a duly, organized and validly existing water and. sewer district, and political subdivision -of the State of Idaho, operating, pursuant to Idaho Code § §42-3201 et seq. b. Authorization of Transaction. Subject to any, Contingencies set forth in this Agree the MHWSD has, the power and ;authority to.,execute and deliver and, to perform its respective obligations hereunder. All actions, or proceedings to be taken by or on the part of the, MHWSD to authorize and, permit ,the execution and delivery by the MHWSD of the instruments, required to be executed and delivered by the. MHWSD pursuant hereto, the performance by the MHWSD of its obligations hereunder; and the consummation by the MHWSD of the transactions contemplated herein have been duly and properly taken. C. Noncontravention. - Neither the execution and the delivery of this Agreement, nor the consummation of the transactions contemplated hereby will result in a breach or violation of, or default under (i) the MHWSD's Bylaws; (ii) to the MHWSD's knowledge, any, law applicable to the MHWSD; or (iii) any agreement to which the MHWSD is a party or by which it is bound or to which any of its assets is subject (nor result in the imposition of any lien upon any of its assets). The MHWSD does not need to give any notice to, make any filing with, or, obtain_ any, authorization, consent or, approval of, any governmental agency, except as specifically set forth herein, in order for the Parties to consummate the transactions, contemplated by this Agreement. d. Title to Assets. The MHWSD has good and. marketable title to, and the power to transfer the Acquired Assets, free and clear of all liens. e. Legal and Other Compliance. The MHWSD is and has been ; in compliance in ;all material respects with all; applicable laws, or:has expeditiously made efforts to resolve instances of noncompliance, and no action, suit, proceeding, hearing, investigation, charge, complaint, claim, demand, or notice has been filed or commenced against any of them alleging any failure :to so comply. Neither the. ownership nor :use of the properties of the MHWSD northe conduct of its purposes conflicts with the rights of any other person or violates, or with the giving of notice or the passage of time or be willviolate, oonflict with, or result in a default, right to accelerate or loss of rights Ander, any term or provision of the Bylaws of the SETTLEMENT AGREEMENT - 14 MHWSD or any lien, permit, lease contract, agreement, understanding, orlaw to which the MHWSD is a party'dr by which the MHWSD may be bound'or affected.' f. Litigation. Other than the Lawsuit, which shall be dismissed with prejudice on November 6, 2013if there is a vote' to dissolve the District; with each side to bear their own costs and attorneys fees therein; there are no judicial or administrative actions,'elairns, suits, proceedings; or investigations pending to the MHWSD's knowledge; nor are there any threats thereof or'basis therefofe, thaf'might question the validity of'this'Agreerinent or of any action`taker or to be takers pursuant to 'or in connection with the provisions of this Agreement' nor; to th6kh6wledgel10if the'MHWSD 'is there any basis for`any such action,' claim, suit,' pro'c'eeding,or irlvestigation. 'There are'no'judgmerlts, orders, decrees, citations;` fines or penalties' hefetofore'assesse'd against'the' MHWSD affecting its operations, the' Acquired Asset's or the Assumed 'Liabilities under any'' law'. The r MHWSD shall file a Stipulation to`Vacate Trial, the terms of which have been separately agreed to, within two (2)days ofthe Effective Date hereof.` g. 1 Cohsenis The Board of Directors of the 'MHWSD and the qualified electors'of'the, MHWSD; throughthe'El"eciion, are'the only'persohs whose consent or approval'is required in connection with the dissolution and transfer, assignment or conveyance' by the MHWSD of the Acquired Assets to the City. h. Books and Records.' The books and records of the MHWSD; irleluding'all' those public records as that term is defined in,Idaho Code §9-337(13), operating manual's, and warranties; ar`e complete and"correct in all material respects 'arid have been maintained in accordance with applicable laws, rules and regulations, and applicable sound linsiness practices:' 13: Representations and Warranties of the City. The City represents and warrants to the MHWSD and L.C. that the 'statements contained in this Section 13' are correct and complete as of the date of this Agreements a. Organization of the City. The City is 'duly formed' and' existing as a municipal corporation under and by virtue of the laws of the State of Idaho. b. Authorization of 'Transaction. The City has the power and authority to execute this Agreement and to perform its obligations hereunder. c. Noncontravention. Neither the execution and the delivery of this Agreement, nor the consummation of the transactions contemplated hereby will result in a breach or violation or, or a default under, (i) any law applicable to the City, to the City's knowledge, (ii) any agreement to which the City is a party or by'which it is bound or to which any of it's assets is subject. Nor does the City need to give any notice to, make any filing with; or obtain any authorization, consent or approval of any governmental agency, except such notices as may be provided for herein,' in order for the Parties to consummate the transactions contemplated by this Agreement, SETTLEMENT AGREEMENT -15 14., , , Representations and Warranties of.L.C. L.C. represents and warrants, to the, MHWSD and the City that the statements, contained in this=Section 14 are correct and complete. as of the date of this Agreement. a. Authorization of Transaction. L.C. has full power and authority to execute this Agreement,and to perform his obligations hereunder. b. Nogcontravention. Neither the ,execution and the delivery of this Agreement nor,the consummation; of the, transactions, contemplated hereby will result in a breach or violation of, ora default under, (i) to L.C.'s knowledge, any law applicable to it; or (ii) any, agreement to which,L.Cjs a party or by which it is bound, to which any of its, assets is subject. Nor does L.C. need,tosgive any notice make any filing with, or obtain any authorization, consent or approval of any governmental agency, except as may otherwise.be proyided herein, in order to consummate the transactions contemplated by this Agreement. , C., FinancialAs.surances. L,C.,has the,:fmancial_ capability to complete the construction of the, Water System Improvements and; Sewer,ImpTovements, and other obligations, as provided for in this Agreement. d. Litigation. Other than the Lawsuit, which shall be dismissed with prejudice onNovember.6, 2013 if there has been a vote to.dissolve the District, with each side to bearrtheir own costs. and attomeys fees therein, there are no judicial or administrative actions, claims, suits, proceedings, or investigations pending to L.C.'s knowledge, nor are there. any. threats thereof or basis,,therefore,Abat might question the validity of this Agreement or of any action taken or to be taken pursuant to or in connection with the provisions of this Agreement nor, to the.knowledge of L.C., ;is there any basis for ny such action, claim, suit,. proceeding or investigation. Centers shall file a Stipulation to Vacate Trial, the terms of which have been, separately agreed to, within two (2) days of the Effective Date. hereof. 15. . Covenants. The Parties agree as follows: a. General. Each of the Parties will use all reasonable efforts to take all actions and ,to,do all things necessary,.; proper or advisable in order. to consummate and make effective the transactions contemplated by, this Agreement. b. Access to Records, Prior, to; Closing. The. City ;shall have reasonable access to all of the books and ,records of the MHWSD to the extent that such access may reasonably be required by the City in connection with matters relating to or affected by the acceptance of the Acquired Assets prior to the Closing Date. Such'access shall be afforded to the City upon receipt of reasonable advance notice. C:. Future Assurances.' At any 'time and from time to time after the Closing; at the request 'of the City and without further consideration, except as stated below the'MHWSD" will execute and deliver such other instruments of gift, transfer, conveyance, assigriment and confirmation and take such action as the City may reasonably determine is necessary to transfer, convey and assign to the City, and to confirm the City's' title to or interest in the Acquired SETTLEMENT AGREEMENT -16 Assets, to put the City in actual possession and operating control thereof, and to'assist 'the City in exercising' all' irghts'with respect thereto. After Closing, the MHWSD hereby constitutes and appoints the City and its successors and `assigns as its 'true and lawful attorney in fact in connection with these transactions, with full power of substitution, in the name and stead of the MHWSD 'blit on behalf, of and for the benefit of the City and its 'successors and assigns; to demand and receive any and all of the Acquired' Assets, and to give receipt and releases for and in'respect of the same.and anypart thereof, and from time'to time to'institate;and prosecute, in the, name of the MHWSD,• for the benefit;of the City or its 'successors and assigns, proceedings at law, in equity, or otherwise, wbich the City or its successors or, assigns reasonably deem proper in order to collect or7educe to possession or endorse any of the Acquired Assets and`to do all acts and things in relatioas n to the sets which the' City or its successors or assigns reasonably deem desirable which'shall,include any, claim of the MHWSD againstresidents; for water and`or sewer services provided by the MHWSD. d. Continued Operations Until Closing. Except as otherwise set "forth herein, the'Parties acknowledge that the MHWSD may continue to operate and maintain the Water System and'the Sewer System until Closing, which responsibility will likely include expenditure, application or modification of some'Acquired'Assets; Sp' ecifieally including; but'hot necessarily l'imite'd'to; 'Cash'Assets: ' It' s' anticipated'that the Physical Connection will` be made' prior to Closing, necessitating dual operations during the TransifionPeriod as set forth herein. i. , L City As Service Provider. UponPhysical Connection;' the City. shall become the service provider for water and sewer services to the MHWSD residents. ii. ]MHWSD <Responsibilities Du'r'ing Transition= Period: In the event the Transition` Period occurs; the`MHWSD agrees to be responsible, for the following item's: (a) The MHWSD shall retain all responsibility for Tadministration and billing of water and sewer services, including but;not'limited'to, billing and collection- of monthly water -and sewer fees from its, residents, shut, offs for. '' delinquent accounts, and other, account related administration; and (b) The MHWSD: shall pay over to the City such'fees collected for, water. and sewer: services: on a monthly basis in accordance, with the City's current residential water an& sewer, rates schedule; and (c) The MHWSD agrees to work in good faith to complete the , decommissioning of,the -sewer lagoons and ;sale 'of the-property on or before the Closing Date. �r - e. Access to Property., The Parties agree to allow reasonable access to their respective properties by each of the other Parties, or such Party's representatives or contractors„ as may be necessary or required for purposes of inspection, construction, operation, maintenance or other activities necessitated by this Agreement. - f. Training. The MHWSD agrees to provide training to City personnel at SETTLEMENT AGREEMENT -17 mutually, agreeable times on the existing Water System, Sewer System, Streetlights and related appurtenances, including but not, limited to walk-through of, existing„ buildings,;line locations, well locations,, manholes, and other infrastructure,, and operational guidelines for such systems. g. vacation of Easement. i.. C. agrees to keep the land application ;site in alfalfa during the time,MHWSD land applies its sewer effluent. MHWSD shall begin, land applying its,sewer effluent on or,around March 15, 2014 or as soon tberenfter as possible (permit and weather permitting) and continue to land apply at. the maximum allowable.discharge limit in an effort to drain its Sewer lagoons/ponds until the Physical, Connection is made. MHWSD' agrees to send to the City, and the City agrees to take all remaining sewer lagoon effluent absent System at no cost to MHWSD. L.C. shall pay to the City a. flat fee 6f$5,000.00 to take all the' remaining sewer lagoon effluent absent of solids and/or sludge if the Physical Coruie''!, - oT", Sewer System is made on or before May 15, 2014. If said Physical Connection to the Sewer System is made after May, 15,2014 than L.C. shall,pay to the City a,flat fee of$10,000.00 to take all the remaining sewer lagoon effluent absent of solids;and/orsludge, The City reserves, the, right to apportion its acceptance of,said effluent oyer any sixty (60) ,day period, jf necessary„ to.comply with flow limits at its,waste water treatment plant. Th7 .1e MHWSD will execute and record a Vacation of Easement removing the existing.Easement from the Condemnation Property within,fifteen.(lb) days,of the Physical Connection of the.Sewer System Put no, earlier than June 15, 2014, provided the City has installed the necessary sump pump(s) and temporary connection line sufficient to commence pumping the sewer, lagoon effluent into the City sewer system. h. Improvements to MHWSD Facilities. The Parties acknowledge and agree that some improvements to the ,Water System and ,Sewer System will be; necessary to allow a smooth transition at the time ofThysicaI Connection. The MHWSD, acknowledges,fliat it has already planned for and funded some improvements, as set forth on Exhibit.N attached hereto, which improvements it agrees to construct prior to Closing. The City also desires to make additional ,improvements to the Water System, and' Sewer.; System, and the MHWSD hereby consents to such improvements;, subject to the provisions jofthisSection.,The Parties agree that improvements constructed by the `City shall be made at its expense. ;The MHWSD shall retain the right to review and approve all plans, drawings;. construction ;timelines,;and other matters relevant to the City's construction of such improvements, which approval shall not be unreasonably withheld. In the event the transfer of the MHWSD's facilities does not occur as set forth in this Agreement;Ahe MHWSDagrees to pay to the City the costs of improvements constructed by the City over a period of not lessthan thirty-six (36),months upon such terms as the City, and the MHWSD may mutually agree to in writing. 16 Contingencies. The Parties acknowledge -and, agree that the Project Schedule consists of the Parties' reasonable expectation and estimation of construction timelines and other milestones necessitated by this Agreement. The Parties agree that unforeseen delays due to weather, acts of God, strike or, other causes due to no fault of'any`Party shall not result in the termination'of this Agreement pursuant to Section 11" herein: - 17. District Employees. The Parties acknowledge and agree that,the two full=time District employees are eligible for employment with the City, provided that they satisfy any SETTLEMENT AGREEMENT - IS standards required by the City and comply with all City hiring practices. The Parties further acknowledge and agree that this Section does not guarantee employment for such District employees. 18. No Inducement.''By entering into. this Agreement, the Parties`have relied' entirely onthe judgment and knowledge of their own respective employees;'' agents, and representatives' and have not been influenced by any statement or act of any other party or any, attorney or other" person acting for or in behalf of such party. Thi Parties have proceeded in making this Agreement with the'benefit of'and 'solely in reliance upon the advice of their own respective attorneys. No Party' has received any inducements; promises, or representations of any kind' causing it to make or deliver this Agreement, except asset forth herein: 19: ` Fifi4 Agreement: This Agr&fiient'contains the full agreement of the Parties and may not be' altered, ainende'd, or modified excepi'by a'wri6ng sigri'ed b'y all'parties. ''No verbal representation or conduct of any kind shall be considered in connection with the' interpretation `of this Agreement. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisioris'shall ne'verthe'less remain valid and enforceable.' 20. 'Notices. Any'notice,"'request,'deinand, claim or other communication hereunder' shall be inwriting and deemed duly given upon mailing two (2) business day following the date sent when sent by overnight delivery; and' five (5) business days following the'date mailed when mailed by registered or certified mail ref urn'receipt requested and postage prepaid. All' notices shall be mailed, to the Parties at the following addresses; City sof Meridian: Meridian HeightsWater &' Sewer District: City Clerk Gina Harris, District Clerk/Treasurer 33 E. Broadway Avenue P.O. Box 472 Meiidian, ID. 83642 Meridian, ID 83640 ' LC Development, Inc.: Attn: Lee Centers P.O. Box 518 Meridian, ID 83680 Any,party may change the address to which notices, requests, demands; claims, and "other communications hereunder are to be delivered by giving the other'Party notice in'the manner herein set forth.11111: 11 1 21. Governing Law. This 'Agreement shall' be governed`and construed in accordance with the laws of the State of Idaho. `` 22. 'Miscellaneous'Provisions. a. " 'Binding'Effect. This Agreement' shall be binding upon anddruire to the SETTLEMENT AGREEMENT -19 benefit,of the Parties and their respective heirs, personal.representatives, successors„and assigns. b. Invalidity of Provisions. If any provision of this Agreement as applied to any Party or to any circumstance shall be adjudged by a court of competent jurisdiction to be void. ,and unenfoxceable„the same, shall in no way, affect any other provision in this Agreement, the application of such provision in. any other circumstances, or the validity or enforceability of the,A eemcm. as a whole. c. Mod fcation. This 4greement shall notbe modified by any Party, by oral representation made before or after the execution of Ibis Agreement. All modifications must be in writing and signed bythe Parties d., Counterparts. This ,Agreement may be, executed in multiple counterparts, each, of -which. shall . be deemed an original Agreement, and all of which shallconstituteone Agreement to be, effective as of the effective date.' e. Attorney's, Fees Upon Breach. Should suit be brought to enforce or interpret any part of this Agreement or any documents or instrument executed and delivered pursuant to this A2'1greement, the prevailingtparty,, shall be entitled to; recover, .as an element of to recover costs of suit, regardless of whether such suit proceeds to final judgment. L Agreement to Perform Necessary Acts. The Parties shall execute and deliver all documents and perform all further acts that may be reasonably necessary to effectuate the provisions and intent of this Agreement. g. Construction and Performance. This Agreement was drafted with the full participation of all Parties. Accordingly, if there is an ambiguity in this Agreement,'it should not be resolved against any par icular`Party, but rather should be resolved by fair reading of what the Agreement was intended by the Parties to provide. h. Incorporation of Recitals. The recitals set forth in this Agreement area material and integral part of this Agreement and are incorporated herein by reference. i. Severability. If any provisions of this Agreement as applied to any Party or,,to,any circumstance. shall be adjudged by,a court to be void, and unenforceable,. the same shall in noway, affect any other provision in this ,Agreement, the application, of such. provision in any other circumstances, or the validity or enforceability of the Agreement as a whole. ..Headings. The headings. contained in this Agreement ,are for reference purposes only and shall not in any way affect the meaning or interpretation hereof. k. Waiver. No covenant, term, or condition or the, breach thereof shall be deemed waived, except by written consent of the Party against whom the waiver is claimed, and any waiver of the breach of any covenant, term, or condition shall not be deemed to be a waiver. SETTLEMENT AGREEMENT - 20 of any other covenant, term, or condition herein. Acceptance by a Party of any performance -by another Party after the time the same shall have become due shall not constitute a waiver by the first Party of the breach or default of any such covenant, term, or condition unless otherwise expressly agreed to by the first Party in writing. 11 1 1. Fees and Costs in Connection With Agreement . Each Parry shall -pay its own legal fees and expenses incidental to the`execution of this Agreement and the consummation of the transactions contemplated hereby. M. Authority. Each Party represents and warrants to the other Party that the person executing this Agreement on its behalf has been authorized to sign on its behalf and to bind it to the terms of this Agreement, and each person executing this Agreement on behalf of a Party represents and warrants to the other Parry that such executing person has been authorized to sign this Agreement and to bind the Party on behalf of which this Agreement is executed by such person. U. Mediation. Mediation shall be a condition precedent to the institution of legal or equitable proceedings by any Party. Request for mediation shall be'fled in writing with the other Parties to this Agreement. The request may be made concurrently with the filing of a legal or equitable proceeding but, in such event, mediation_ shall proceed in advance of legal or equitable proceedings, which shall be stayed pending mediation fora period-bf sixty'(60)�days " from the date of filing, unless stayed for a longer period by agreement of the Parties 'or court order. o. Time of the essence. The Parties shall fulfill obligations described in this Agreement in a timely manner, as set forth herein. The Parties acknowledgeand agree that time is strictly of the essence with respect to this Agreement, and that the failure to timely'perfo"rm any of the obligations hereunder shall constitute a default of this Agreement. IN WITNESS WHEREOF, this Agreement shall be effective the -date of ithe latest signature below. MERIDIAN HEIGHTS SEWER & WATER DISTRICT By: Gordon Hamilton, Chairman L.C. DEVELOPMENT, INC. Lee Centers, President SETTLEMENT AGREEMENT -21 ATTEST: Gina Harris, District Clerk Dated: CITY OF MERIDIAN, IDAHO ATTEST: B.y: . Tanury DeWeerd, Mayor Jaycee Hotman,,City Clerk Approved as to form MOORE,;SMITH, BUXTON &TURCKE, CHTD, Susan Buxton, of,the,firm Attorneys for, Plaintiff: DAVISON, COPPLE, COPPLE & COPPLE CITY OF MERIDIAN William Nary City Attorney SETTLEMENT AGREEMENT - 22 Exhibit A: Exhibit B: Exhibit C: Exhibit D: Exhibit E: Exhibit F: Exhibit G: Exhibit H: Exhibit I: Exhibit J Exhibit K: Exhibit L: Exhibit M: EXHIBIT LIST/RESPONSIBLE PARTY Legal description to MHWSD 16 Acres (the District) Various Easement recordings regarding easement on Condemnation Property (Centers) Centers 40 acres legal description (Centers) Centers 152 +/- acres legal description (Centers) Hansen Property legal description (Centers) Water System description — to be determined (the District) Sewer System description — to be determined (the District) MHWSD'Cash Assets (the District) MHWSD Other Real Property/Personal Property (the District) MHWSD Water Rights (the District) Project Schedule (the City) Deficit Pro Forma (the City) Planned MHWSD Improvements (the District) SETTLEMENT AGREEMENT -23 �_t - - - ��__ .__